Revised Provision on Execution of Judgments in Appealed Cases and Amendments
On April 18, 1994, the Supreme Court of the Philippines issued Circular No. 24-94, revising the provisions on the execution of judgments in appealed cases. This amendment addresses delays in enforcing judgments due to administrative issues, such as the remand of court records. The new rule allows for immediate execution of judgments if no appeal is pending, and permits motions for execution from the lower court once an appeal has been resolved, provided the judgment obligee submits the necessary documentation. The resolution is set to take effect on June 1, 1994, after publication in two newspapers.
Quick Answers
- What is Revised Provision on Execution of Judgments in Appealed Cases and Amendments about?
- On April 18, 1994, the Supreme Court of the Philippines issued Circular No. 24-94, revising the provisions on the execution of judgments in appealed cases. This amendment addresses delays in enforcing judgments due to administrative issues, such as the remand of court records. The new rule allows for immediate execution of judgments if no appeal is pending, and permits motions for execution from the lower court once an appeal has been resolved, provided the judgment obligee submits the necessary documentation. The resolution is set to take effect on June 1, 1994, after publication in two newspapers.
- What type of law is Supreme Court Circular No. 24-94?
- Revised Provision on Execution of Judgments in Appealed Cases and Amendments (Supreme Court Circular No. 24-94) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Revised Provision on Execution of Judgments in Appealed Cases and Amendments enacted?
- Revised Provision on Execution of Judgments in Appealed Cases and Amendments (Supreme Court Circular No. 24-94) was enacted on Apr 18, 1994.
- What is the citation for Revised Provision on Execution of Judgments in Appealed Cases and Amendments?
- Revised Provision on Execution of Judgments in Appealed Cases and Amendments, Supreme Court Circular No. 24-94, Apr 18, 1994 (Philippines)
Law Information
- Reference Number
- Supreme Court Circular No. 24-94
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
April 18, 1994
SUPREME COURT CIRCULAR NO. 24-94
| TO | : | Court of Appeals, Sandiganbayan, Court of Tax Appeals, Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts, Municipal Circuit Trial Courts, and All Members of the Integrated Bar of the Philippines |
| SUBJECT | : | Resolution of the Court En Banc Approving and Promulgating the Revised Provision on Execution of Judgments, Specifically in Appealed Cases, and Amending Section 1, Rule 39 of the Rules of Court |
It appears that in a number of instances, the execution of judgments in appealed cases cannot be promptly enforced because of undue administrative delay in the remand of the records to the court of origin, aggravated at times by misplacement or misdelivery of said records. The Supreme Court Committee on the Revision of the Rules of Court has drafted proposals including a provision which can remedy the procedural impasse created by said contingencies.
Accordingly, pending approval by the Court of the revised rules on Civil Procedure, and to provide a solution to the aforestated problems, the Court Resolved to approve and promulgate the following section thereof on execution of judgments, amending Section 1, Rule 39 of the Rules of Court:
"Sec. 1. Execution upon judgments or final orders.— Execution shall issue as a matter of right, on motion, upon a judgment or order that disposes of the action or proceeding upon expiration of the period to appeal therefrom if no appeal has been duly perfected.
"If the appeal has been duly perfected and finally resolved, such execution may forthwith be applied for in the lower court from which the action originated, on motion of the judgment obligee, submitting therewith certified true copies of the judgment or judgments or the final order or orders sought to be enforced and of the entry thereof, with notice to the adverse party.
"The appellate court may, on motion in the same case, when the interest of justice so requires, direct the court of origin to issue the writ of execution."
This Resolution shall be published in two (2) newspapers of general circulation and shall take effect on June 1, 1994.
April 18, 1994.
(SGD.) ANDRES R. NARVASAChief Justice
Cite This Law
Revised Provision on Execution of Judgments in Appealed Cases and Amendments, Supreme Court Circular No. 24-94, Apr 18, 1994 (Philippines)
Revised Provision on Execution of Judgments in Appealed Cases and Amendments, Supreme Court Circular No. 24-94 (Phil. 1994)
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