The execution of a judgment pending appeal is an exception to the general rule that only final judgments may be executed . Under Section 2, Rule 39 of the Rules of Court , courts may grant discretionary execution only if “good reasons” justify immediate enforcement. Legal Requirements for Execution Pending Appeal 📌 Strict Conditions Must Be Met ✔ A motion must be filed by the prevailing party. ✔ Notice must be given to the adverse party. ✔ “Good reasons” must be clearly stated in a special order after a hearing . 📌 Jurisdiction of the Trial Court ✔ The RTC retains jurisdiction until all appeal periods lapse or appeals are perfected. ✔ If a motion for reconsideration is unresolved , the RTC may still act on execution requests . 📌 Limitations on Discretionary Execution ✔ Courts must ensure fairness —execution pending appeal cannot be used to create inequity . ✔ Personal circumstances (such as age or health of claimants) must be case-wide, not individual hards...
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