Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

A party treats an accounting judgment’s Section 4 treatment as proof that an ordinary unrelated unsecured money judgment also enjoys the identical immediate nonstay rule. No special law or qualifying order applies to the latter. Which is correct?
  1. Every money award is automatically an accounting action.
  2. The judgment’s actual category must be identified; the listed exception cannot simply be transferred to every money judgment.
  3. Any appeal creates a universal immediate-execution exception.
  4. Section 4 abolishes all finality distinctions.
  5. The amount of a debt alone makes every case receivership.

Legal references

  • Rules of Court, Rule 39 Sections 1-4 and 7, execution categories and death of a party: https://lawphil.net/courts/rules/rc_1-71_civil.html

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