Areglado, Mhel Joseph P. Assoc. Dean Rita Linda V.

Jimeno
15-45090 JD Thesis / August 14, 2017

Approved Topic:

ABOLITION OF WRIT OF EXECUTION IN CASES NOT FINAL AND EXECUTORY

IN STRICT SENSE: PREVENTION OF IRREPARABLE INJURY

I. Background
II. Definition of Terms
A. Judgment, Final Judgments vis–à–vis Final and Executory Judgments
B. Execution
C. Irreparable Injury
D. Restitution and Reparation
E. Judicial Courtesy
III. Statement of the Problem
The issuance of Order of Writ of Execution even if there is a pending appeal is
subject to Appellate Court’s reversal, totally or partially, and/or annulment. Hence,
the issuance of Order of Writ of Execution pending appeal is futile, nugatory and
absurd since there is a possibility that such Order may be reversed and/or annulled
by the Appellate Court up to the Supreme Court.
IV. Scope / Coverage of the Study
A. Cases not final and executory in strict sense, i.e. cases with pending appeal
B. Effects of Reversal of Ruling of Trial Court Ordering Execution
V. Cases Not Covered
A. Cases that are immediately executory
1. Actions for Injunction
2. Actions for Receivership
3. Actions for Accounting
4. Actions for Support
5. Other judgments as may be declared immediately executory
VI. Applicability / Purpose / Relevance of the Study
A. Prevention of Irreparable Injury
B. Trial Court Can No Longer Grant A Motion For Execution Pending Appeal
After The Appeal Has Been Perfected (Montelibano v. Bacolod Murcia Milling
Co. Inc. 136 SCRA 294).
C. Interest of Justice
VII. Constitutional Mandate / Provisions
A. Equal Protection Clause
B. Social Justice
VIII. Applicable Laws, Rules and Related Jurisprudence
IX. Conclusion
X. Recommendations / Propositions
XI. Sources / References