Practice question
When does Rule 39 section 1 ordinarily permit execution as a matter of right on motion?
- Before any judgment exists
- After an appealable judgment disposes of the action and the appeal period expires without a duly perfected appeal, subject to applicable qualifications
- Whenever the plaintiff files the complaint
- Whenever a witness requests payment
- Only if the losing party voluntarily waives every property right
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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