This case has been cited 6 times or more.
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2011-10-19 |
SERENO, J. |
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| In Philippine Bank of Communications v. Court of Appeals,[314] the Court denied execution pending appeal to a juridical entity which allegedly was in financial distress and was facing civil and criminal suits with respect to the collection of a sum of money. It ruled that the financial distress of the prevailing party in a final judgment which was still pending appeal may not be likened to the situation of a natural person who is ill, of advanced age or dying as to justify execution pending appeal: It is significant to stress that private respondent Falcon is a juridical entity and not a natural person. Even assuming that it was indeed in financial distress and on the verge of facing civil or even criminal suits, the immediate execution of a judgment in its favor pending appeal cannot be justified as Falcon's situation may not be likened to a case of a natural person who may be ill or may be of advanced age. Even the danger of extinction of the corporation will not per se justify a discretionary execution unless there are showings of other good reasons, such as for instance, impending insolvency of the adverse party or the appeal being patently dilatory. But even as to the latter reason, it was noted in Aquino vs. Santiago (161 SCRA 570 [1988]), that it is not for the trial judge to determine the merit of a decision he rendered as this is the role of the appellate court. Hence, it is not within competence of the trial court, in resolving a motion for execution pending appeal, to rule that the appeal is patently dilatory and rely on the same as its basis for finding good reason to grant the motion. Only an appellate court can appreciate the dilatory intent of an appeal as an additional good reason in upholding an order for execution pending appeal which may have been issued by the trial court for other good reasons, or in cases where the motion for execution pending appeal is filed with the appellate court in accordance with Section 2, paragraph (a), Rule 39 of the 1997 Rules of Court. | |||||
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2009-06-19 |
YNARES-SANTIAGO, J. |
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| It bears stressing that imminent danger of insolvency of the defeated party has been held to be a good reason to justify discretionary execution. In Philippine Bank of Communications v. Court of Appeals,[52] we enumerated circumstances that would constitute good reasons under the Rules, as follows:A long line of jurisprudence indicates what constitute good reasons as contemplated by the Rules, the following being merely representative of the same: | |||||
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2006-11-22 |
CALLEJO, SR.,J. |
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| On the third issue, we agree with petitioner's contention that respondent failed to establish any "good reason" to justify execution of the trial court's decision pending appeal. We likewise agree with petitioner's contention that the RTC committed grave abuse of its discretion amounting to excess or lack of jurisdiction when it granted respondent's motion for execution pending petitioner's appeal of the RTC decision. It must be stressed that by granting execution pending appeal, the RTC prejudged the merits of petitioner's appeal. The well-established rule is that it is not for the trial court to determine the merits of the decision it rendered and use the same as basis for an order allowing execution of its decision pending appeal. The determination of the merits of the trial court's decision is lodged in the appellate court. To reiterate, the trial court cannot preempt the decision of the appellate court or the merits of petitioner's appeal of the trial court's decision and use it as basis for affirming the trial court's order of execution pending appeal.[67] Neither is the finding of the trial court that the appeal is dilatory a good reason for granting execution pending appeal (if the appellate court cannot appreciate the dilatory intent of an appeal).[68] | |||||
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2006-05-04 |
CALLEJO, SR., J. |
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| As provided in Section 2, Rule 39 of the Revised Rules of Court, execution of the judgment or final order pending appeal is discretionary. It is the exception to the rule that only a final judgment may be executed, hence, must be strictly construed. Execution pending appeal should not be granted routinely but only in extraordinary circumstances.[26] However, if the trial court grants execution pending appeal in the absence of good reasons therefor, it is incumbent upon the CA to issue a writ of certiorari; failure to do so would constitute grave abuse of discretion on its part.[27] | |||||
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2003-07-31 |
PANGANIBAN, J. |
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| Execution pending appeal is, of course, the exception to the general rule.[10] Normally, execution cannot be obtained until and unless (a) the judgment has become final and executory; (b) the right of appeal has been renounced or waived; (c) the period for appeal has lapsed without an appeal having been filed; or (d) having been filed, the appeal has been resolved and the records of the case have been returned to the court of origin -- in which case, execution shall issue as a matter of right.[11] | |||||
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2003-06-23 |
QUISUMBING, J. |
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| In our view, the Court of Appeals committed no reversible error in sustaining the lower court. Discretionary execution is permissible only when "good reasons" exist for immediately executing the judgment before finality or pending appeal or even before the expiration of the time to appeal. "Good reasons" are compelling circumstances justifying the immediate execution lest judgment becomes illusory, or the prevailing party may, after the lapse of time, become unable to enjoy it, considering the tactics of the adverse party who may apparently have no case except to delay.[15] | |||||