Philippine Bar review · Question

Practice question: When Execution Shall Issue

Multiple Choice Medium

Practice question

The ordinary appeal period remains open, and no special immediate-execution rule or other lawful exception applies. Does winning at trial alone establish an unconditional right to execution under Section 1?
  1. Yes, regardless of finality.
  2. Yes, because every trial ruling is immediately executable.
  3. Yes, if the winner calls it urgent.
  4. No; Section 1's conditions must be met, while any execution pending appeal must satisfy the distinct applicable requirements.
  5. Yes, because notice to the adverse party is never relevant.

Legal references

  • https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 39, Sections 1–2.

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