Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

On appeal from an injunction judgment, a party says the appellate court has no power to suspend, modify, restore or grant the injunction because Section 4 makes the original disposition ordinarily enforceable. Which is sound?
  1. Section 4 expressly preserves the appellate court’s stated discretionary powers.
  2. Ordinary enforceability eliminates all appellate authority.
  3. The appellate court may only read the trial judgment silently.
  4. A litigant’s preference replaces the appellate order.
  5. The listed powers apply only to unrelated criminal warrants.

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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