Remedies against the execution of judgment

I. Appeal

a) Criminal Actions

General rule: An appeal taken by one or more of several accused shall not affect those who did not
appeal. As to the appealing party, the execution of judgment appealed from is stayed upon the perfection
of the appeal. As to the co-accused who did not appeal, the judgment of the trial court insofar as it
relates to him becomes final and the appellate court has no power to interfere with it. [Rule 122, Section
11(a)(c), Rules of Court]

Exception: Insofar as the judgment of the appellate court is favorable and applicable to those who did not
appeal or who withdrew his appeal. [Rule 122, Section 11(a), Rules of Court; People v. Escano, G.R.
Nos. 129756-58, January 19, 2001]

The appeal of the offended party from the civil aspect shall not affect the criminal aspect of the judgment
or order appealed from. [Rule 122, Section 11(b), Rules of Court]

b) Civil Actions

As a general rule, an appeal seasonably filed and perfected has the effect of staying the execution of
judgment.

By way of exception, the following judgments are immediately executory and shall not be stayed by
appeal:

1. Judgments in actions for injunction,

2. Judgments for receivership,
3. Judgments for accounting
4. Judgments for support
5. such other judgments as are now or may hereafter be declared to be immediately executory

These shall be enforceable after their rendition and shall not be stayed by an appeal unless otherwise
ordered by the trial court.

[Rule 39, Section 4, Rules of Court]

c) Ejectment Cases
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In forcible entry and unlawful detainer cases, the judgment rendered against the defendant is
immediately executory upon motion. The defendant, in order to stay execution must comply with the
following requirements:

a) perfect an appeal within the prescribed period

b) together with the appeal, file a sufficient supersedeas bond, approved by the Municipal Trial Court and
executed in favor of the plaintiff to pay the rents, damages, and costs accruing down to the time of the
judgment appealed from

c) during the pendency of the appeal, he deposits with the appellate court the amount of rent due from
time to time under the contract, if any, as determined by the judgment of the Municipal Trial Court. In the
absence of a contract, he shall deposit with the Regional Trial Court the reasonable value of the use and
occupation of the premises for the preceding month or period at the rate determined by the judgment of
the lower court on or before the tenth day of each succeeding month or period.

Should the defendant fail to make the payments above prescribed from time to time during the pendency
of the appeal, the appellate court, upon motion of the plaintiff, and upon proof of such failure, shall order
the execution of the judgment appealed from with respect to the restoration of possession, but such
execution shall not be a bar to the appeal taking its course until the final disposition thereof on the merits.

[Rule 70, Section 19, Rules of Court]

d) Stay of Discretionary execution

Discretionary execution may be stayed upon approval by the proper court of a sufficient supersedeas
bond filed by the party against whom it is directed, conditioned upon the performance of the judgment or
order allowed to be executed in case it shall be finally sustained in whole or in part. The bond thus given
may be proceeded against on motion with notice to the surety. [Rule 39, Section 3, Rules of Court]

After the perfection of the appeal and the transmittal of the records, the trial court loses jurisdiction over
the case. Henceforth, it may no longer grant a motion for, or issue a writ of immediate execution; to do
so would be an abuse of discretion. [Diesel Corporation vs Jollibee Foods Corp, G.R. No. 136805,
January 28, 2000]

e) Contempt Cases

The person adjudged in direct contempt by any court may not appeal therefrom, but may avail himself of
the remedies of certiorari or prohibition. The execution of the judgment shall be suspended pending
resolution of such petition, provided such person files a bond fixed by the court which rendered the
judgment and conditioned that he will abide by and perform the judgment should the petition be decided
against him. [Rule 71, Section 2, Rules of Court]

The judgment or final order of a court in a case of indirect contempt may be appealed to the proper court
as in criminal cases. But execution of the judgment or final order shall not be suspended until a bond is
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filed by the person adjudged in contempt, in an amount fixed by the court from which the appeal is taken,
conditioned that if the appeal be decided against him he will abide by and perform the judgment or final
order. [Rule 71, Section 11, Rules of Court]

II. Motion to Recall or Quash Writ of Execution

Instances when the motion is justified

1) the writ of execution varies the judgment;

2) there has been a change in the situation of the parties making execution inequitable or unjust;

3) execution is sought to be enforced against property exempt from execution;

4) it appears that the controversy has never been submitted to the judgment of the court;

5) the terms of the judgment are not clear enough and there remains room for interpretation thereof; or,

6) it appears that the writ of execution has been improvidently issued, or that it is defective in substance,
or is issued against the wrong party, or that the judgment debt has been paid or otherwise satisfied, or
the writ was issued without authority;

[See Limpin, Jr. v. Intermediate Appellate Court, G.R. No. 70987, January 30, 1987; Lazaro v. Rural
Bank of Francisco Balagtas (Bulacan), Inc, G.R. No. 139895, August 15, 2003]

The question is whether the order of the trial court denying petitioners’ Motion to Quash Writ of
Execution is appealable. As a general rule, no appeal lies from such an order, otherwise litigation will
become interminable. ... [While] there are in fact cases which hold that while parties are given a remedy
from a denial of a motion to quash or recall writ of execution, it is equally settled that the writ will not be
recalled by reason of any defense which could have been made at the time of the trial of the case.
[Reburiano vs Court of Appeals, G.R. No. 102965. January 21, 1999]

III. Petition for Relief from Judgment (Rule 38, Rules of Court)

Petition for relief from judgment, order, or other proceedings

When a judgment or final order is entered, or any other proceeding is thereafter taken against a party in
any court, through fraud, accident, mistake, or excusable negligence, he may file a petition in such court
and in the same case praying that the judgment, order or proceeding be set aside. [Rule 38, Section 1,
Rules of Court]
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Petition for relief from denial of appeal

When a judgment or final order is rendered by any court in a case, and a party thereto, by fraud,
accident, mistake, or excusable negligence, has been prevented from taking an appeal, he may file a
petition in such court and in the same case praying that the appeal be given due course. [Rule 38,
Section 2, Rules of Court]

Period to file

The petition must be verified, filed within sixty (60) days after the petitioner learns of the judgment, final
order, or other proceeding to be set aside, and not more than six (6) months after such judgment or final
order was entered, or such proceeding was taken. [Rule 38, Section 3, Rules of Court]

Form and contents of the petition

The petition must be accompanied with affidavits showing the fraud, accident, mistake, or excusable
negligence relied upon, and the facts constituting the petitioner's good and substantial cause of action or
defense, as the case may be. [Rule 38, Section 3, Rules of Court]

Preliminary injunction pending proceedings

The court in which the petition is filed may grant such preliminary injunction as may be necessary for the
preservation of the rights of the parties, upon the filing by the petitioner of a bond in favor of the adverse
party, conditioned that if the petition is dismissed or the petitioner fails on the trial of the case upon its
merits, he will pay the adverse party all damages and costs that may be awarded to him by reason of the
issuance of such injunction or the other proceedings following the petition, but such injunction shall not
operate to discharge or extinguish any lien which the adverse party may have acquired upon, the
property, of the petitioner. [Rule 38, Section 5, Rules of Court]

IV. Annulment of Judgment (Rule 47, Rules of Court)

Before a party can avail of the reliefs provided for by Rule 47, i.e., annulment of judgments, final orders,
and resolutions, it is a condition sine qua non that one must have failed to move for new trial in, or
appeal from, or file a petition for relief against said issuances or take other appropriate remedies thereon,
through no fault attributable to him. If he failed to avail of those cited remedies without sufficient
justification, he cannot resort to the action for annulment provided in Rule 47, for otherwise he would
benefit from his own inaction or negligence [Republic v. Sandiganbayan, G.R. No. 140615, Feb. 19,
2001]
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V. Petition for certiorari and prohibition with prayer for a temporary restraining order (TRO) and
preliminary injunction

The court may stay immediate execution of a judgment when supervening events, occurring subsequent
to the judgment, bring about a material change in the situation of the parties. To justify the stay of
immediate execution, the supervening events must have a direct effect on the matter already litigated
and settled. Or, the supervening events must create a substantial change in the rights or relations of the
parties which would render execution of a final judgment unjust, impossible or inequitable making it
imperative to stay immediate execution in the interest of justice.

[Azcueta vs. La Union Tobacco Redrying Corporation (LUTORCO), G.R. No. 168414, August 31, 2006
citing Silverio, Jr. v. Filipino Business Consultants, Inc., G.R. No. 143312, August 12, 2005]

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