Practice question
The court adjudges one separate claim while another remains pending. The winner asks immediate execution solely because a separate judgment exists, without good reasons or the required special order. Which is sound under Section 2(b)?
- Separateness alone eliminates every safeguard.
- The pending claim automatically proves every good reason.
- The judgment creditor may issue its own writ.
- The separate judgment remains subject to the specified discretionary-execution safeguards.
- Every partial award necessarily has the same unconditional status as a fully final judgment.
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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