Practice question
A judgment awards support. The obligor appeals and argues that every judgment is necessarily stayed until all appeals end. No court has otherwise ordered a stay in the stated case. Which is correct under Rule 39 section 4?
- The universal-stay claim is correct for support
- The award ceases to exist upon notice of appeal
- Only the sheriff may decide whether support exists
- Support is among the judgments ordinarily enforceable after rendition and not stayed by appeal, subject to the rule’s court-order qualifications
- The obligee must obtain a new support judgment every month
Legal references
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 39 sections 1–4, final-judgment execution, discretionary execution, approved supersedeas bond and judgments ordinarily not stayed by appeal.
- https://lawphil.net/judjuris/juri2005/sep2005/gr_135830_2005.html — Carlos v. Sandoval, with consolidated SIDDCOR petitions, G.R. Nos. 135830, 136035 and 137743, September 30, 2005, main decision on good reasons, special order and due-hearing opportunity.
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