CIRCULAR
NO. 24-94
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.cralaw:red
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:chanroblesvirtuallawlibrary
"Section
1. Execution
Upon Judgments or Final Orders. – Execution shall issue as a matter
of right, on motion, upon a judgment or order that disposes of the
action
or proceeding upon expiration of the period to appeal therefrom if no
appeal
has been duly perfected.
"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.cralaw:red
"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."
This
Resolution shall
be published in two (2) newspapers of general circulation and shall
take
effect on June 1, 1994.
April 18, 1994.
[Sgd.]
ANDRES
R. NARVASAChief
Justice
|
