Philippine Bar review · Question

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

Multiple Choice Medium

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)?
  1. Separateness alone eliminates every safeguard.
  2. The pending claim automatically proves every good reason.
  3. The judgment creditor may issue its own writ.
  4. The separate judgment remains subject to the specified discretionary-execution safeguards.
  5. 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

Answer this question in flashcards to review your response and continue practicing.