Philippine Bar review · Question

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

Essay Medium

Practice question

Compare execution as a matter of right under Rule 39 section 1 with discretionary execution under section 2, including the appropriate forum after trial-court jurisdiction is lost.

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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