Practice question
Discretionary execution has been issued. The losing party merely files a document labeled supersedeas bond, without approval by the proper court or an adequate showing that it is sufficient and properly conditioned. The party insists filing alone automatically stays execution. Which is correct?
- Every paper labeled bond automatically stays every execution
- A bond can never be relevant to discretionary execution
- Section 3 requires approval by the proper court of a sufficient bond with the specified condition; mere filing does not establish the claimed automatic stay
- The sheriff alone may approve every bond
- The filing vacates the underlying judgment
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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