Practice question
An ordinary money judgment has just been rendered and the period to appeal has not expired. No law makes it immediately executory. The prevailing party claims execution is already a matter of right merely because judgment was favorable. Which is correct?
- Ordinary as-of-right execution has not arisen on those facts; early execution must satisfy the applicable discretionary requirements
- Any favorable judgment is automatically final on rendition
- The plaintiff may privately seize property without a writ
- A losing party can never appeal a money judgment
- The judgment is automatically void until both parties consent
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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