Monday, July 13, 2009

Execution of Final Judgment

Execution of a final judgment or order may be stayed or precluded under any of the following conditions:
  1. Equitable grounds render its execution impossible or unjust due to facts and events transpiring after the judgment has become executory (Soco v. Court of Appeals, 331 Phil. 753, 760 (1996).
  2. There has been a change in the situation of the parties, which makes execution inequitable (Philippine Sinter Corporation v. Cagayan Electric Power and Light Co., Inc., 431 Phil. 324, 333-334 [2002], citing Bachrach Corporation v. Court of Appeals, 357 Phil. 483, 493 (1998).
  3. The judgment has been novated by the parties (Dormitorio v. Fernandez, 164 Phil. 381, 386 [1976]).
  4. Injunctive relief is prayed for and granted (Rule 38, Sec. 5).
  5. The five-year period to enforce the judgment has expired (Cunanan v. Court of Appeals, 134 Phil. 338 [1968]).
  6. The judgment is incomplete or is conditional (Ignacio v. Hilario, 76 Phil. 605 [1946]; Cu Unjieng v. Mabalacat Sugar Co., 70 Phil. 380 [1940]).

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