Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

A receivership judgment is rendered, but the trial court has expressly ordered a stay within the applicable Section 4 framework. The applicant argues the category makes any trial-court stay legally impossible. Which is correct?
  1. The unless-otherwise-ordered qualification does not exist.
  2. Every appeal alone supersedes every actual order.
  3. The creditor may ignore the issued stay.
  4. Receivership removes all judicial supervision.
  5. Section 4 expressly qualifies its ordinary nonstay rule by a contrary trial-court order.

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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