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June 27, 2019
Rule 39
*If appeal is dismissed for having filed out of time, but the appealant can show that he
was prevented from making his appeal by FAME, his remedy is to file fo petition for
relief asking the court to give due course to his petition.
*If the appeal was perfected in time but notithstanding that, the appeal was denied the
remedy is petition for certiorary, because the appeal was filed in time and the dismissal
is with grave abuse of discretion.
*But if it was filed beyond 15 days but the appealant was prevented from filing his
appeal by FAME and his appeal was dissmissed the remedy is to file a petition for relief
showing that he was prevented from filing his appeal on time by FAME and so he will
ask the court to give due course to his appeal.
Distinctions between petition for relief from judgement and motion for new trial:
1. A motion for new trial is filed is filed before the judgment becomes fina, a petition
for relief is filed after finality of judgment within 60 days from knowledge of judgment
but wihtin 6 nmonths from entry of judgment.
2.As to the grounds, in Motion for new trial FAME can include newly discored
evidence, you cannot file a petition on grouns of newly discovered evidence.
3. If MNT is denied the remedy is appeal, if PRJ is denied there is no appeal
4.MNT needs no verification, PRJ requires verification.
5. MNT is a legal remedy PRJ is a remedy in equity, whiche means that you can only
file this if you have lost the remedy of new trial or appeal without your own neglect or
fault.
EXECUTION
You execute means you enfoce the judgment.
Only a judgment or a final order can be a subject of execution. an interlocutory order
can not be executed.
Final order v. Interlocutory order
A final order puts an end to a case, it finally resolves a case, it disposes of the case.
An interlocutoy order does not end a case.
*An order denying a motion to dismiss is interlocutory, because it does not end the
case. An order dismissing the case is a final oreder, because it ends the case.
*May a final order that is not yet final be the subject of Execution?
Yes, execution pending appeal/ discretionary execution/ exceptional execution.
*If the judgement is final and your going to execute it, what is the kind of execution?
It is compulsory execution or execution as a matter of right.
May an interlocutory order be the subject of execution?
No,except an order for support pendente lite.
*X files a complaint against the Y against support and the relationship is not disputed,
and the court issued an order for support pendente lite(support while the case is
pending). Suppose Y did not comply with the order what are the remedies of X?
1. File a motion for execution
2.File a motion to sight Y in contempt
3. Or file both motions
*The preveailing party asking for execution is called the judgment obligee, the one who
has an obligation to perform on the judgment is called the judgment obligor.

How to execute a Judgement
1. By means of a motion
the judgment obligee files a motion for execution in court, within 5 years from
the entry of judgment.
2. By means of an action
the judgment obligee must file an action to revive the judgment, within 10 years
but after 5 years from entry of judgement(Dormant Judgement) the enforcement may
be enforce by means of an action. Then the court will issue a judgment reviving the
judgment and when it becomes final it can be executedby means of motion or an action.
*After 10 years(Stale Judgment) you can not execute the judgment anymore, the
judgement obligor can file a motion to dismiss on the ground that the judgement has
prescribed.
*The judgment(dispositive portion, discreta,fallo) of the decision orders the issuance
of a writ of execution, when the clerk of court saw it he issued a writ of execution under
the seal of the court and the writ will be implemented by the sherriff. Is the crek wrong
in issuing the writ?
Yea, there are two ways to enforce an execution, by means of a motion/ by means of
an action, the part of the judgment that let a writ of execution be issued is mo correct,
because it will now dispense the requirement that the judgment obligee needs to file a
motion for the execution of the judgment. The issuance of the writ can not be
incorporated in the judgment, otherwise that will violate the rules.
*In what court should th e motion be filed?
In the court of origin(trial cout).
X - judgment obligee Y - Judgement obligor
RTC rendered judgment against Y. The motion should be filed in the RTC
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X - judgment obligee Y - Judgement obligor
RTC rendered judgment against Y, and Y appeals the judgment to CA. CA rendered a
judgment against Y and the judgment becomes final. Where to file the motion?
The motion should be filed with the court of origin which is the RTC.
When you file the motion for execution it shall be accompanied by a certified copy of
the decision of the CA and certificate of finality(entry of judgment by the CA).
*Suppose the RTC refuses or does not like to issue the writ of execution, what is your
remedy?
The judgment obligee files a motion with the appelate court asking the appelate court
to issue an order directing the lower court to issue the writ of execution.
*Suppose the judgment obligee files a motion for execution with the trial court(the
decision is not appealed), but it refuses to issue the writ of execution, what is the
remedy?
File a petition with the higher court, a Petition for mandamus compelling the lower
court to issue the writ of execution.
The issuance of the writ of execution is compellabe by mandamus, because it is a matter
of right.
*If the judgment obligee files a motion for execution,is the judgment obligor entitled
to notice of the motion?
No the judgment obligor is not entitled to the notice of motion, except:
1. If the judgment is appealed, and the appeal is finally resolved, and the motion for
execution is filed in the court of origin.
2.Motion for execution pending appeal.