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Execution, Satisfaction and Effect of Judgments (Rule 39)

1. Execution is a matter of right upon the expiration of the period to appeal if no appeal was perfected from a final judgment or order. Once final, it is the ministerial duty of the court to issue a writ of execution except in certain cases. 2. Judgments become final by operation of law upon the lapse of the reglementary period for appeal, not by judicial declaration. 3. Discretionary execution is an exception and requires a motion, notice to the adverse party, a hearing, and a special order stating good reasons to justify it. Discretionary execution is not a matter of right.

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70 views2 pages

Execution, Satisfaction and Effect of Judgments (Rule 39)

1. Execution is a matter of right upon the expiration of the period to appeal if no appeal was perfected from a final judgment or order. Once final, it is the ministerial duty of the court to issue a writ of execution except in certain cases. 2. Judgments become final by operation of law upon the lapse of the reglementary period for appeal, not by judicial declaration. 3. Discretionary execution is an exception and requires a motion, notice to the adverse party, a hearing, and a special order stating good reasons to justify it. Discretionary execution is not a matter of right.

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Kim Ong
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Execution, Satisfaction and Effect of Judgments (Rule 39)

When execution shall issue; Execution as a matter of right (Sec. 1)


1. Execution is a matter of right upon the expiration of the period to appeal and no appeal
was perfected from a judgment or order that disposes of the action or proceeding (Sec.
1, Rule 39). Once a judgment becomes final and executory, the prevailing party can
have it executed as a matter of right, and the issuance of a writ of execution becomes
the ministerial duty of the court. Once a decision becomes final and executory, it is the
ministerial duty of the presiding judge to issue a writ of execution except in certain
cases, as when subsequent events would render execution of judgment
unjust (Mangahas vs. Paredes, GR 157866, Feb. 14, 2007).
2. The above principles have been consistently applied. Thus, in a subsequent ruling the
Court declared: ”Once a judgment becomes final, it is basic that the prevailing party is
entitled as a matter of right to a writ of execution the issuance of which is the trial
court’s ministerial duty, compellable by mandamus” (Greater Metropolitan Manila Solid
Waste Management Committee vs. Jancom Environmental Corp., GR 2163663, Jan. 30,
2006).
3. Judgments and orders become final and executor by operation of law and not by judicial
declaration. The trial court need not even pronounce the finality of the order as the
same becomes final by operation of law. Its finality becomes a fact when the
reglementary period for appeal lapses, and no appeal is perfected within such
period (Testate of Maria Manuel Vda. De Biascan, 374 SCRA 621; Vlason Enterprises vs.
CA, 310 SCRA 26).
Discretionary execution (Sec. 2)

1. The concept of discretionary execution constitutes an exception to the general rule that
a judgment cannot be executed before the lapse of the period for appeal or during the
pendency of an appeal. Under Sec. 1, Rule 39, execution shall issue only as a matter of
right upon a judgment or final order that finally disposes of the action or proceeding
upon the execution of the period to appeal therefrom if no appeal has been duly
perfected.

2. A discretionary execution is called “discretionary” precisely because it is not a matter of


right. The execution of a judgment under this concept is addressed to the discretionary
power of the court (Bangkok Bank Public Company Ltd. vs. Lee, GR 159806, Jan. 29,
2006). Unlike judgments that are final and executor, a judgment subject to discretionary
execution cannot be insisted upon but simply prayed and hoped for because a
discretionary execution is not a matter of right.
3. A discretionary execution like an execution pending appeal must be strictly construed
because it is an exception to the general rule. It is not meant to be availed of routinely
because it applies only in extraordinary circumstances. It should be interpreted only
insofar as the language thereof fairly warrants, and all doubts should be resolved in
favor of the general rule(Planters Products, Inc. vs. CA, GR 106052, Oct. 22, 1999).
Where the execution is not in conformity with the rules, the execution is null and
void (Bangkok Bank vs. Lee, supra.).
4. Requisites for discretionary execution:

a. There must be a motion filed by the prevailing party with notice to the adverse party;

b. There must be a hearing of the motion for discretionary execution;

c. There must be good reasons to justify the discretionary execution; and

d. The good reasons must be stated in a special order (Sec. 2, Rule 39).
How a judgment is executed (Sec. 4)

1. Judgments in actions for injunction, receivership, accounting and support, and such
other judgments as are now or may hereafter be declared to be immediately executory,
shall be enforceable after their rendition and shall not be stayed by an appeal taken
therefrom, unless otherwise ordered by the trial court. on appeal therefrom, the
appellate court in its discretion may make an order suspending, modifying, restoring or
granting the injunction, receivership, accounting, or award of support. The stay of
execution shall be upon such terms as to bond or otherwise as may be considered
proper for the security or protection of the rights of the adverse party.

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