This case has been cited 2 times or more.
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2010-01-21 |
ABAD, J. |
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| Normally, execution will issue as a matter of right only (a) when the judgment has become final and executory; (b) when the judgment debtor has renounced or waived his right of appeal; (c) when the period for appeal has lapsed without an appeal having been filed; or (d) when, having been filed, the appeal has been resolved and the records of the case have been returned to the court of origin. Execution pending appeal is the exception to the general rule. [19] | |||||
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2005-04-11 |
YNARES-SANTIAGO, J. |
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| Since the execution of a judgment pending appeal is an exception to the general rule, the existence of "good reasons" is essential.[15] "Good reasons" has been held to consist of compelling circumstances justifying the immediate execution lest judgment becomes illusory. Such reasons must constitute superior circumstances demanding urgency which will outweigh the injury or damages should the losing party secure a reversal of the judgment.[16] The rules do not specify the "good reasons" to justify execution pending appeal, thus, it is the discretion of the court to determine what may be considered as such. | |||||