This case has been cited 1 times or more.
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2015-01-14 |
PERLAS-BERNABE, J. |
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| Given that the judgment in SCA No. V-7075 ordered the issuance of a writ of mandamus compelling the performance of a ministerial duty, and not the payment of money or the sale or delivery of real or personal property, the same is in the nature of a special judgment[47] that is which a judgment directs the performance of a specific act requiring the party or person to personally do because of his personal qualifications and circumstances.[48] As such, execution of the said judgment should be governed by Section 11, Rule 39 of the Rules of Court, which provides: SEC. 11. Execution of special judgments. When a judgment requires the performance of any act other than those mentioned in [Sections 9 and 10, Rule 39 of the Rules of Court], a certified copy of the judgment shall be attached to the writ of execution and shall be served by the officer upon the party against whom the same is rendered, or upon any other person required thereby, or by law, to obey the same, and such party or person may be punished for contempt if he disobeys such judgment. | |||||