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TO: COURT
OF APPEALS, SANDIGANBAYAN, COURT OF TAX APPEALS, REGIONAL TRIAL
COURTS,
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT
TRIAL
COURTS AND ALL MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES
SUBJECT: RESOLUTION OF THE COURT EN BANC APPROVING AND PROMULGATING THE REVISED PROVISION ON EXECUTION OF JUDGMENT, SPECIFICALLY IN APPEALED CASES, AND AMENDING SECTION 1, RULE 39 OF THE RULES OF COURT. It appears that in a number of instances, the execution of judgments in appealed cases cannot be promptly enforced because of undue administrative delay in the remand of the records to the court of origin, aggravated, at times, by misplacement or misdelivery of said records. The Supreme Court Committee on the Revision of the Rules of Court has drafted proposals including a provision which can remedy the procedural impasse created by said contingencies. Accordingly, pending approval by the Court of the Revised Rules on Civil Procedure and to provide a solution to the aforestated problems, the Court resolved to approve and promulgate the following Section thereof on execution of judgment, amending Section 1, Rule 39 of the Rules of Court: "If the appeal has been duly perfected and finally resolved, such execution may forthwith be applied for in the lower court from which the action originated, on motion of the judgment obligee, submitting therewith certified true copies of the judgment or judgments or the final order or orders sought to be enforced and the entry thereof with notice to the adverse party. "The appellate court, on motion in the same case, when the interest of justice so requires, direct the court of origin to issue the writ of execution." April 18, 1994.
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