Category Archives: Writ of Execution

if there is already a writ of execution, there must still be a need for a special order for the purpose of demolition issued by the court before the officer in charge can destroy, demolish or remove improvements over the contested property

Indeed, the basic facts of this case point squarely to the applicability of the law on human relations.  First, the complaint for civil liability was filed way AHEAD of the information on the Anti-Graft Law.  And, the complaint for damages … Continue reading

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Instances where a writ of execution may be appealed

Unjustified delay in the enforcement of a judgment sets at naught the role of courts in disposing justiciable controversies with finality.[17] Once a judgment becomes final and executory, all the issues between the parties are deemed resolved and laid to … Continue reading

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Upon notice of the writ of execution, the available remedies would be to file a motion to quash the writ of execution or, in the alternative, a petition for relief from judgment under Rule 38

 On petitioner’s motion, the trial court, by Order of April 29, 2004, issued a writ of execution on August 2, 2005.[7] The writ was served on respondents on March 29, 2005 and implemented on July 20, 2006.[8] On March 15, … Continue reading

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When the court may modify or alter a judgment even after the same has become final and executory?

A basic tenet in our rules of procedure is that an award that is final and executory cannot be amended or modified anymore.  Nothing is more settled in law than that once a judgment attains finality it thereby becomes immutable … Continue reading

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