Philippine Bar review · Question

Practice question: Litigious and Non-litigious Motions

Multiple Choice Hard Jurisprudence

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?
  1. Both execution motions are expressly non-litigious and every reply is mandatory.
  2. 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.
  3. Both are automatically prohibited.
  4. Execution pending appeal never requires a court ruling.
  5. 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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