Practice question
Counsel classifies an ordinary motion for issuance of a writ of execution and a motion for execution pending appeal as identical non-litigious requests. Counsel also plans an unsolicited reply after opposition as an automatic additional submission. Which is correct under Rule15?
- Both execution motions are expressly non-litigious and every reply is mandatory.
- Ordinary writ issuance is listed in §4, execution pending appeal in §5, and §5(c) says no other submissions shall be considered beyond the prescribed opposition process.
- Both are automatically prohibited.
- Execution pending appeal never requires a court ruling.
- A motion's title alone erases the distinction between final execution and discretionary execution pending appeal.
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — AM19-10-20-SC, current 2019 amendments, Rules8§12,14§§20–23 and15.
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/11/99055 — AM19-10-20-SC, November26 2024, Rule13-A (electronic filing/service; summons exception).
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