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    Mc Vharn Catre
    The document discusses various questions regarding the execution of judgments. It states that courts have a ministerial duty to execute final judgments and cannot refuse due to errors. It also outlines exceptions where one court can stop execution by another, such as through injunction upon filing for relief or in annulment cases. The grounds for quashing a writ of execution include changes making execution impossible or equitable reasons. Finally, it notes that enforcing a dormant judgment requires a new civil case to revive the judgment, subject to defenses except the merits of the original case, with the sole exception being judgments for support.

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    Q

    Uploaded by

    Mc Vharn Catre
    44 views1 page
    The document discusses various questions regarding the execution of judgments. It states that courts have a ministerial duty to execute final judgments and cannot refuse due to errors. It also outlines exceptions where one court can stop execution by another, such as through injunction upon filing for relief or in annulment cases. The grounds for quashing a writ of execution include changes making execution impossible or equitable reasons. Finally, it notes that enforcing a dormant judgment requires a new civil case to revive the judgment, subject to defenses except the merits of the original case, with the sole exception being judgments for support.

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    The document discusses various questions regarding the execution of judgments. It states that courts have a ministerial duty to execute final judgments and cannot refuse due to errors. It also outlines exceptions where one court can stop execution by another, such as through injunction upon filing for relief or in annulment cases. The grounds for quashing a writ of execution include changes making execution impossible or equitable reasons. Finally, it notes that enforcing a dormant judgment requires a new civil case to revive the judgment, subject to defenses except the merits of the original case, with the sole exception being judgments for support.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    44 views1 page

    Q

    Uploaded by

    Mc Vharn Catre
    The document discusses various questions regarding the execution of judgments. It states that courts have a ministerial duty to execute final judgments and cannot refuse due to errors. It also outlines exceptions where one court can stop execution by another, such as through injunction upon filing for relief or in annulment cases. The grounds for quashing a writ of execution include changes making execution impossible or equitable reasons. Finally, it notes that enforcing a dormant judgment requires a new civil case to revive the judgment, subject to defenses except the merits of the original case, with the sole exception being judgments for support.

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    © All Rights Reserved
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    of 1

    Q: May the court refuse to execute a judgment on the ground that the judgement was wrong or erroneous?

    A: NO, because it is a matter of and the issuance of the corresponding writ of execution upon a final and
    executory judgment is a ministerial duty of the court to execute which is compellable by mandamus. (Ebero vs.
    Cañizares, 79 Phil. 152)

    Only the court of origin issues the writ of execution, although one can apply with the appellate court if its
    decision has become final, but it will still be the court of origin which will be directed to issue the writ.

    Q: Can one court by injunction or restraining order stop the execution of a judgment of another court?

    A: GENERAL RULE: NO, because that will amount to interference. EXCEPTIONS: (when the enforcement of a
    final judgment may be stopped by way of injunction)

    1.) Upon the filing of a petition for relief from judgment, the court may grant preliminary injunction to
    preserve the rights of the parties, Rule 38, Section 5.
    2.) Action for annulment of judgment of the RTC filed in the CA.

    The grounds to quash a writ of execution:


    1. When subsequent facts and circumstances which render such execution impossible or unjust, such as
    supervening cause.
    2. In cases of special and exceptional nature and higher interest of justice.
    3. On equitable grounds such as when there has been change in the situation of the parties which make
    execution impossible.
    4. Judgment has been novated by the parties.
    5. Judgment turned out to be incomplete.

    Q: Discuss briefly the nature of the action for enforcement of a dormant judgment.

    A: The action for enforcement of a dormant judgment is an ordinary civil action the object of which is two-
    fold, namely,
    a) to revive the dormant judgment, and

    b) to execute the judgment reviving it, if it grants the plaintiff any relief.

    Hence, the rights of the judgment-creditor depend upon the second judgment. Being an ordinary civil action, it
    is subject to all defenses, objections and counterclaims which the judgment-debtor may have except that no
    inquiry can be made as to the merits of the first judgment. Therefore, defenses that do not go to the merits of
    the first judgment, such as lack of jurisdiction, collusion, fraud, or prescription, may be set up by the
    judgment-debtor. (Cia. Gral. De Tabacos vs. Martinez, 17 Phil. 160; Salvante vs. Ubi Cruz, 88 Phil. 236) [Taken
    from Remedial Law Reviewer by Nuevas]

    Q: Give the exception to the rule on dormant judgment.

    A: The only exception is the judgment for support which does not become dormant, nor does it prescribe. You
    can execute it anytime even beyond the 5-year period and any unpaid installment may be executed by
    motion. (Florendo vs. Organo, 90 Phil. 483)

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