Philippine Bar review · Question

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

Multiple Choice Easy

Practice question

What must support discretionary execution under Rule 39 section 2?
  1. Only the fact that someone won at trial
  2. Only a private promise by a messenger
  3. Good reasons stated in a special order after due hearing
  4. Only a party’s desire for publicity
  5. No judicial explanation

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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