Philippine Bar review · Question

Practice question: Execution as a Matter of Right vs. Matter of Discretion

Multiple Choice Hard

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?
  1. The universal-stay claim is correct for support
  2. The award ceases to exist upon notice of appeal
  3. Only the sheriff may decide whether support exists
  4. Support is among the judgments ordinarily enforceable after rendition and not stayed by appeal, subject to the rule’s court-order qualifications
  5. 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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