Practice question
An appeal has been finally resolved. The obligee moves in that same appellate case for a direction that the court of origin issue execution, showing that the interest of justice requires it. Does Section 1 recognize this alternative judicial direction?
- Yes; the appellate court may on motion in the same case direct the court of origin to issue the writ when the interest of justice requires.
- No; an appellate court can never give such a direction.
- Yes; this eliminates every condition of a valid writ.
- Yes; the obligee may issue the writ personally.
- No; only a private mediator may direct execution.
Legal references
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 39, Sections 1–2.
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