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RULE
13 JUDGMENTS,
FINAL
ORDERS AND ENTRY THEREOF
Section
1.
Rendition of judgments and final orders. A judgment or final
order determining the merits of the case shall be in writing, stating
clearly
and distinctly the facts and the law on which it is based, signed by
the
Director, and filed with the appropriate Register of the Office.
Section
2.
Entry of judgments and final orders. If no appeal or motion
for
reconsideration is filed within the time provided in these Regulations,
the Director shall forthwith cause the entry of the judgment or final
order
in the appropriate Register of the Office. The date of finality
of
the judgment or final order shall be deemed to be the date of its
entry.
The record shall contain the dispositive part of the judgment or final
order and shall be signed by the Director, with a certificate that such
judgment or final order has become final and executory.
If no
appeal or motion
for reconsideration has been filed on time, the judgment or final order
rendered by the Director or the Director General, as the case may be,
becomes
final and executory, and should immediately be caused to be entered by
the Director. To ensure this action the prevailing party should
file
a motion for the entry (and execution, if proper) of the
judgment.
The date of entry is the starting point of the six month period for
filing
a petition of relief, as well as the five year period of prescription
of
judgments.
This rule
corrects
the erroneous practice of entering the judgment or final order long
after
it had become final and executory. Even if the physical act of
entering
the judgment or final order is done after it had become final and
executory,
the date when it became final and executory shall be deemed the date of
its entry.
Section
3.
Order and writ of execution. As soon as a decision
or order
has become final and executory, the Director of Legal Affairs shall, motu
proprio or on motion of the interested party issue an order of
execution
deputizing and requiring the appropriate officer or personnel of the
Office,
or such other duly authorized government agent, officer, or personnel,
to execute and enforce said decision or order.
Section
4.
Execution pending appeal. On Motion of the
prevailing party
with notice to the adverse party or motu proprio and upon filing of an
approved bond, the Director of Legal Affairs may, in his discretion,
order
execution to issue even before the expiration of the time to appeal,
upon
good reasons to be stated in the order. The execution pending appeal
may
be stayed by the filing of an approved counterbond in an amount to be
fixed
by the Director.
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