Atty. Manuel J. Laserna Jr.: Execution - The court may refuse to issue a writ of execution to enforce a final judgment when there had been a change in the situation of the parties which makes execution inequitable.

Monday, February 4, 2019

Execution - The court may refuse to issue a writ of execution to enforce a final judgment when there had been a change in the situation of the parties which makes execution inequitable.

R. J. FRANCISCO

PLEADINGS AND TRIAL PRACTICE

Volume II 1996

Page 851

"x x x.

Although the court cannot refuse to issue a writ of execution upon a final and executory judgment, or quash it, or order its stay (Amor vs. Jugo, 77 Phil. 703) because the issuance of the corresponding writ of execution upon a final and executory judgment is a ministerial duty of the court compellable by mandamus, (Ebero vs. Cañizares, 79 Phil. 152) it may do so in the following instances:

(a) When there had been a change in the situation of the parties which makes execution inequitable; (Warner, Barners & Co. vs. Jaucian, 13 Phil. 4; Lee vs. Mapa; 51 Phil. 624).

x x x."