OF APPEALS, SANDIGANBAYAN, COURT OF TAX APPEALS, REGIONAL TRIAL
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT
COURTS AND ALL MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES
RESOLUTION OF THE COURT EN BANC APPROVING AND PROMULGATING THE
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
be promptly enforced because of undue administrative delay in the
of the records to the court of origin, aggravated, at times, by
or misdelivery of said records. The Supreme Court Committee on the
of the Rules of Court has drafted proposals including a provision which
can remedy the procedural impasse created by said contingencies.cralaw
approval by the Court of the Revised Rules on Civil Procedure and to
a solution to the aforestated problems, the Court resolved to approve
promulgate the following Section thereof on execution of judgment,
Section 1, Rule 39 of the Rules of Court:chanroblesvirtuallawlibrary
Upon Judgments or Final Orders. – Execution shall issue as a matter
of right, on motion, upon a judgment or order that disposes of the
or proceeding upon expiration of the period to appeal therefrom if no
has been duly perfected.
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
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.cralaw
on motion in the same case, when the interest of justice so requires,
the court of origin to issue the writ of execution."
be published in two (2) newspapers of general circulation and shall
effect on June 1, 1994.
April 18, 1994.