Rebuttal and ser-rebbuttal

What is Judgment?

Requisites
In writing, done personally by the judge.

What is interlocutory order?

Example: granting a motion to file a demurrer.
*there is still something to be done.
Something subject of certiorari.

MR to extension to answer- as long as it is prohibited by the rules it is valid.

It does not become executory and final, the rules does not provide periods of appeal.
PAL Employee Savins and Loan Association Ince. V. Pal march 2006.

Original petition for certiorari.

Rule 65.

Judgement or final order

Finally disposes of a case, declares categorically what the rights and obligations of the
parties are, and which party is in the right.

Intramuros Tennis Club v. PTA, 2006 16110

Final and executory upon expiration of period to file an appeal.

For purposes of writ of execution the latest date of receipt of judgement on any parties.

Judgement on the merits

Example:
Judgement on the merits
Compromise Agreement
Dismissal due to the fault of the plaintiff
Two dismissal rule

Dismissal with prejudice

Res judicata
Litis pendencia

Effects of judgment?
Two kinds of res-judicata
Sec 47 Rule 39

*Successors in interest are also binding by res judicata

Conclusiveness of judgement
Under the doctrine facts and issues actually and directly resoleved in a former suit
cannot again be raised in any future case between the same parties, even if the latter
suit may involve a different claim or cause of action.
The identity of causes of action is not acquired but merely the identity of issues.

Effect of foreign judgment

Remedies after Judgement

Before judgement becomes final
After Judgement Becomes Final and Executory

Execution of judgement when sec5

By motion within 5 years
By independent action within 10-before barred petition for revival of judgement.
-consider if the defendant has money.
Article 1139- 10 years enforcement of judgement.

What is a revival of judgement?

Which court will have jurisdiction?

New action
Anama v. Citibank G.R. 1902048
RTC incapable of pecuniary.

2 kinds
Ministerial execution as a matter of right
1. No appeal has been taken or period expired.
2. Appeal has been perfecte and finally resolved.
*Motion for an issuance for a writ of execution.
File this motion to the court of origin.
When the interest of justice so requires the appellate court.

If there was appeal made

Submit ceritified true copies of judgement
Entry of judgement
Notify the adverse party

Intsances when minsitterial execution cannot be enforced

Execution of judgement varies
There had been a change in the situation of the parties which makes such execution
inequitable
When it appears that
When it appears that the writ of execution has been improvidently issued.

It is defective in substance or is issued against the wrong party valid if successor in

interest if the original party dies.
Judgement debt has been parid or otherwise satisfied.
When the writ has been issued without authority.

When execution discretionary.

When there execution pending appeal,
Who
Motion of the prevailing party
Or notice to the adverse party

What are the requisites.?

How?
Execution pending appeal
Execution of several, separate or partial judgements.

Execution Pending appeal

Trial Court -losses jurisdiction upon perfection of the appeal. Residual Jurisdiction
Stage since there was no perfection of appeal.
Appellate Court

Record on Appeal?

Residual jurisdiction?
approve compromises
permit appeals by indigent litigants
execution pending appeal
to allow the withdrawal of appeal

How stay of discretionary execution

Upon payment and approval of a supersedeas bond

Judgement not stayed by appeal (stay is suspended)

Receivership case?
Accounting case?
Support
Injunction
Those declared immediately executory.

What is a supersedeas bond?

Form 18-cc writ of execution

Heirs if Yusingco v. Busilak 210504

How to protect your rights against a buyer in good faith file a separate case against the
buyer.

Exception to the bank secrecy act

Garnishment
Except for foreign currency