Philippine Bar review · Topic

Execution as a Matter of Right vs. Matter of Discretion

Explore Execution as a Matter of Right vs. Matter of Discretion in Execution, Satisfaction, and Effect of Judgments (Rule 39) for the Philippine Bar. Browse…

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Practice questions

  1. When does Rule 39 section 1 ordinarily permit execution as a matter of right on motion?
  2. What must support discretionary execution under Rule 39 section 2?
  3. After the trial court has lost jurisdiction, where may a motion for execution pending appeal be filed under section 2?
  4. An ordinary money judgment has just been rendered and the period to appeal has not expired. No law makes it immediately…
  5. An appeal has been finally resolved. The judgment obligee seeks execution in the court of origin. What does section 1 c…
  6. Discretionary execution has been issued. The losing party merely files a document labeled supersedeas bond, without app…
  7. A judgment awards support. The obligor appeals and argues that every judgment is necessarily stayed until all appeals e…
  8. Compare execution as a matter of right under Rule 39 section 1 with discretionary execution under section 2, including …
  9. A court grants execution pending appeal solely because the prevailing party offered a bond, without identifying any goo…
  10. Explain why neither filing a supersedeas bond nor taking an appeal produces the same automatic result in every executio…
  11. Does Rule 39 Section 4 list receivership judgments among those ordinarily not stayed merely by appeal?
  12. Does Section 4 expressly include judgments in accounting actions?