This case has been cited 4 times or more.
|
2011-06-01 |
NACHURA, J. |
||||
| A final judgment or order is one that finally disposes of a case, leaving nothing more for the court to do in respect thereto, such as an adjudication on the merits which, on the basis of the evidence presented at the trial, declares categorically what the rights and obligations of the parties are and which party is in the right, or a judgment or order that dismisses an action on the ground of res judicata or prescription, for instance.[32] Just like any other judgment, a summary judgment that satisfies the requirements of a final judgment will be considered as such. | |||||
|
2009-06-19 |
YNARES-SANTIAGO, J. |
||||
| Good reasons consist of compelling circumstances justifying immediate execution lest judgment becomes illusory, or the prevailing party after the lapse of time be unable to enjoy it, considering the tactics of the adverse party who may have apparently no cause but to delay. Such reasons must constitute superior circumstances demanding urgency which will outweigh the injury or damages should the losing party secure a reversal of the judgment.[36] Execution of a judgment pending appeal is an exception to the general rule that only a final judgment may be executed. Thus, the existence of "good reasons" is essential for it is what confers discretionary power on a court to issue a writ of execution pending appeal.[37] | |||||
|
2006-05-04 |
CALLEJO, SR., J. |
||||
| The Rules of Court do not enumerate the circumstances which would justify the execution of the judgment or decision pending appeal.[28] However, this Court has held that "good reasons" consist of compelling or superior circumstances demanding urgency which will outweigh the injury or damages should the losing party secure a reversal of the judgment or final order. Were the rule otherwise, execution pending appeal may well become a tool of oppression and inequity instead of an instrument of solicitude and justice.[29] | |||||
|
2005-09-14 |
|||||
| Based on the foregoing, an appeal should be taken within 15 days from the notice of judgment or final order appealed from. A final judgment or order is one that finally disposes of a case, leaving nothing more for the court to do with respect to it. It is an adjudication on the merits which, considering the evidence presented at the trial, declares categorically what the rights and obligations of the parties are; or it may be an order or judgment that dismisses an action.[12] | |||||