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STRONGHOLD INSURANCE COMPANY v. NEMESIO S. FELIX

This case has been cited 1 times or more.

2011-10-19
SERENO, J.
As an exception to the general rule that only final judgments may be executed,[333] the grant of execution pending appeal must perforce be based on "good reasons." These reasons must consist of compelling or superior circumstances demanding urgency which will outweigh the injury or damages suffered, should the losing party secure a reversal of the judgment or final order.[334] The circumstances that would reasonably justify superior urgency, demanding interim execution of Peña's claims for compensation and/or damages, have already been settled by the financial capacity of the eight other co-defendants, the approval of the supersedeas bonds, the subsequent takeover by EIB, and the successor bank's stable financial condition,[335] which can answer for the judgment debt. Thus, Peña's interest as a judgment creditor is already well-protected.