See - There Are Exceptions To The General Rule That An Order Of Execution Is Not Appealable, One Of Which Is When The Writ Of Execution Varies The Judgment... - The Lawyer's Post
"x x x.
Rule 41 of the Revised Rules of Court indeed states that no appeal may be taken from an order of execution. However, in De Guzman v. Court of Appeals,2 the Court stated that there are certain instances when an appeal from an order of execution should be allowed, to wit:
It is also a settled rule that an order of execution of judgment is not appealable. However, where such order of execution in the opinion of the defeated party varies the terms of the judgment and does not conform to the essence thereof, or when the terms of the judgment are not clear and there is room for interpretation and the interpretation given by the trial court as contained in its order of execution is wrong in the opinion of the defeated party, the latter should be allowed to appeal from said order so that the Appellate Tribunal may pass upon the legality and correctness of the said order. (Underscoring supplied)
Recently, the Court En Banc, in Philippine Amusement and Gaming Corporation v. Aumentado, Jr.,3reiterated that there are exceptions to the general rule that an order of execution is not appealable, one of which is when the writ of execution varies the judgment.
In view of the foregoing, it is clear that the appeal made by petitioner from the RTC order of execution, on the ground that it varied the judgment, is permissible and the CA should not have perfunctorily dismissed it.
x x x."
G.R. No. 196990, July 30, 2012, ARTURO DELA CRUZ, SR., PETITIONER, VS. MARTIN AND FLORA FANKHAUSER, RESPONDENTS.
