Although when a judgment or order has become final, the court cannot refuse to issue a writ of execution, there are exceptions thereto, to wit:
(1) When subsequent facts and circumstances transpire which render such execution unjust, or impossible, such as a supervening cause like the act of the Commissioner of Civil Service finding the plaintiff administratively guilty and which constituted a bar to his reinstatement as ordered by the trial court in a civil case; or where the defendant bank was placed under receivership;
(2) On equitable grounds, as when there has been a change in the situation of the parties which makes execution inequitable;
(3) Where the judgment has been novated by the parties;
(4) When a petition for relief or an action to enjoin the judgment is filed and a preliminary injunction is prayed for and granted;
(5) Where the judgment has become dormant, the five (5) year period under Rule 39, Section 6 having expired without the judgment having been revived; or
(6) Where the judgment turns out to be incomplete or is conditional since, as a matter of law, such judgment cannot become final.
See:
Bench Book for Trial Court Judges (Civil Procedure), Supreme Court, Manila, 2002 ed., citing: The City of Butuan v. Ortiz, 113 Phil. 636 [1961]. Lipana v. Development Bank of Rizal, G. R. No. 73884, September 24, 1987, 154 SCRA 257. Vda. de Albar v. De Carandang, 116 Phil. 516 [1962]; Heirs of Guminpin v. Court of Appeals, No. L-34220, February 21, 1983, 120 SCRA 687; Luna v. Intermediate Appellate Court, G. R. No. 68374, June 18, 1985, 137 SCRA 7. Fua Cam Lu v. Yap Fauco, 74 Phil. 287 [1943]; Zapanta v. De Rotaeche, 21 Phil. 154 [1912]; Salvante v. Cruz, 88 Phil. 236 [1951]. Refer to Rules of Court, Rule 38, Sec. 5. Cunanan v. Court of Appeals, No. L-25511, September 28, 1968, 25 SCRA 263. Del Rosario v. Villegas, 49 Phil. 634 [1926]; Ignacio v. Hilario, 76 Phil. 605 [1946]. Cu Unjieng e Hijos v. Mabalacat Sugar Co., 70 Phil. 380 [1940]. Cobb-Perez v. Lantin, G. R. No. 22320, May 22, 1968, 23 SCRA 637; Sandico, Sr. v. Piguing, No. L-26115, November 29, 1971, 42 SCRA 322.
