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Areglado, Mhel Joseph P. Assoc. Dean Rita Linda V. Jimeno 15-45090 JD Thesis / August 14, 2017

This document outlines the approved topic for a JD thesis on abolishing writs of execution in cases that are not final and executory in the strict sense. The topic aims to prevent irreparable injury. Currently, trial courts can grant motions for execution even when an appeal is pending, but the appellate court may fully or partially reverse or annul the ruling. As such, granting execution in non-final cases is pointless and could lead to harm. The study will cover cases with pending appeals and examine the effects of appellate reversals. It seeks to uphold equal protection and social justice as mandated by the constitution.

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94 views1 page

Areglado, Mhel Joseph P. Assoc. Dean Rita Linda V. Jimeno 15-45090 JD Thesis / August 14, 2017

This document outlines the approved topic for a JD thesis on abolishing writs of execution in cases that are not final and executory in the strict sense. The topic aims to prevent irreparable injury. Currently, trial courts can grant motions for execution even when an appeal is pending, but the appellate court may fully or partially reverse or annul the ruling. As such, granting execution in non-final cases is pointless and could lead to harm. The study will cover cases with pending appeals and examine the effects of appellate reversals. It seeks to uphold equal protection and social justice as mandated by the constitution.

Uploaded by

Andrew Lastrollo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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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

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