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BONIFACIO SANZ MACEDA v. DEVELOPMENT BANK OF PHILIPPINES

This case has been cited 3 times or more.

2005-08-25
YNARES-SANTIAGO, J.
The general rule is that only judgments which have become final and executory may be executed.[52] However, discretionary execution of appealed judgments may be allowed under Section 2 (a) of Rule 39 of the Revised Rules of Civil Procedure upon concurrence of the following requisites: (a) there must be a motion by the prevailing party with notice to the adverse party; (b) there must be a good reason for execution pending appeal; and (c) the good reason must be stated in a special order.[53] The yardstick remains the presence or the absence of good reasons consisting of exceptional circumstances of such urgency as to outweigh the injury or damage that the losing party may suffer, should the appealed judgment be reversed later.[54] Since the execution of a judgment pending appeal is an exception to the general rule, the existence of good reasons is essential.[55]
2003-07-31
PANGANIBAN, J.
"Discretionary execution may only issue upon good reasons to be stated in a special order after due hearing." There are three requisites for the execution of a judgment pending appeal: a) a motion must be filed by the prevailing party with notice to the adverse party; b) there must be good reasons for execution pending appeal; and c) the good reasons must be stated in a special order.[9]