Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

An appeal has been finally resolved. The judgment obligee seeks execution in the court of origin. What does section 1 contemplate?
  1. An unsigned demand to any private collection firm
  2. A motion with certified true copies of the judgment or final orders and entry, with notice to the adverse party
  3. A requirement to retry every issue from the beginning
  4. A new original action in the Supreme Court in every case
  5. An automatic enlargement of the judgment amount

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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