Monday, February 4, 2019

Execution - If the delays were through no fault of the prevailing party, the same should not be included in computing the 5-year period to execute a judgment by motion.

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ZAMBOANGA BARTER TRADERS KILUSANG BAYAN, INC., et. al. vs.  HON. JULIUS RHETT J. PLAGATA, et. al., G.R. No. 148433, September 30, 2008 ...

Execution - "MIAA correctly contend that CBL’s dilatory tactics and legal maneuverings to evade payment of its obligations suspended the running of the five-year reglementary period within which to enforce the judgment by motion. The Court previously had the occasion to rule that in computing the time for suing out an execution, the time during which the execution is stayed should be excluded, and the time will be extended by any delay occasioned by the debtor.[5] In cases where the delays were occasioned by the judgment obligor’s own initiatives and for his advantage, which were beyond the judgment obligee’s control, the five (5) - year period allowed for enforcement of the judgment by motion was deemed to have been effectively interrupted or suspended.[6]."

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CALIFORNIA BUS LINES, INC. vs. COURT OF APPEALS, et. al., , G.R. No. 145408, August 20, 2008. "x x x. CBL contends that w...

Execution - One of the exceptions to the principle of immutability of final judgments is the existence of supervening events. Supervening events refer to facts which transpire after judgment has become final and executory or to new circumstances which developed after the judgment has acquired finality, including matters which the parties were not aware of prior to or during the trial as they were not yet in existence at that time.

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Roman Catholic Archbishop of Caceres vs. Heirs of Manuel Abella, G.R. No. 143510, November 23, 2005.  “X x x. Hence, the herein p...

Execution - Under the present procedure, the prevailing party can secure certified true copies of the judgment or final order of the appellate court and the entry thereof, and submit the same to the court of origin with and to justify his motion for a writ of execution, without waiting for its receipt of the records from the appellate court. That motion must be with notice to the adverse party, with a hearing when the circumstances so require, to enable him to file any objection thereto or bring to the attention of said court matters which may have transpired during the pendency of the appeal and which may have a bearing on the execution sought to enforce the judgment.

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JAIME TAN, JR. vs. HON. COURT OF APPEALS, G.R. No. 136368, January 16, 2002 “X x x. On April 18, 1994, this Court issued Circular...

Execution of judgmet; whether the supervening events are grave enough to warrant a modification in the execution of the judgment.

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JANE C. ABALOS, et. al. vs. PHILEX MINING CORPORATION, G.R. No. 140374, November 27, 2002 "X x x. A basic tenet in our rules ...

RA 10630, amending RA 9344, JUVENILE JUSTICE AND WELFARE ACT OF 2006

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See -  https://www.lawphil.net/statutes/repacts/ra2013/ra_10630_2013.html REPUBLIC ACT NO. 10630 AN ACT STRENGTHENING THE JUVENILE J...
Saturday, January 26, 2019

Illegally dismissed or unjustly suspended public employees are entitled to back salaries.

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See - http://sc.judiciary.gov.ph/jurisprudence/2011/august2011/187858.htm THE CIVIL SERVICE  COMMISSION vs. RICHARD G. CRUZ,  G.R. No. 1...