SC CIRCULAR NO. 24-94, April 18, 1994

SUPREME COURT

BAGUIO

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::

“Section 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 published in two (2) newspaper of general circulation and shall take effect on June 1, 1994.

April 18, 1994