Philippine Bar review · Question

Practice question: When Execution Shall Issue

Multiple Choice Hard

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?
  1. 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.
  2. No; an appellate court can never give such a direction.
  3. Yes; this eliminates every condition of a valid writ.
  4. Yes; the obligee may issue the writ personally.
  5. 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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