CITY OF ILIGAN V. PRINCIPAL MANAGEMENT GROUP (REMEDIAL)

The ascertainment of good reasons for EXECUTION PENDING APPEAL lies within the sound discretion of the trial court. Normally, its finding will not be disturbed by a reviewing court, in the absence of grave abuse of discretion.

Section 2 of Rule 39 of the Rules of Court reads:

SECTION 2. DISCRETIONARY EXECUTION -

(a) Execution of a judgment or final order pending appeal - On motion of the prevailing party with notice to the adverse party filed in the trial court while it has jurisdiction over the case and is in possession of either the original record or the record on appeal as the case may be, at the time of the filing of such motion, said court may, in its discretion, order execution of a judgment or final order even before the expiration of the period to appeal.

After the trial court has lost jurisdiction, the motion for execution pending appeal may be filed in the appellate court.

Discretionary execution may only issue upon GOOD REASONS to be stated in a special order after due hearing.

There are 3 requisites for the execution of a judgment pending appeal:

1. a motion must be filed by the prevailing party with notice to the adverse party;
2. there must be good reasons for execution pending appeal; and
3. the good reasons must be stated in a special order.

Execution pending appeal is, of course, the exception to the general rule. Normally, execution cannot be obtained until and unless

1. the judgment has become final and executory;
2. the right of appeal has been renounced or waived;
3. the period for appeal has lapsed without an appeal having been filed; or
4. having been filed, the appeal has been resolved and the records of the case have been returned to the court of origin - in which case, execution shall issue as a matter of right.

On the other hand, when the period of appeal has not yet expired, the execution of a judgment should not be allowed except if, in the court's discretion, there are good reasons therefor.

Good reasons consist of compelling circumstances that justify the immediate execution of a judgment, lest it become illusory; or the prevailing party be unable to enjoy it after the lapse of time, considering the tactics of the adverse party who may have no recourse but to delay.

The court is convinced that there are good reasons to allow the immediate execution pending appeal. Its adjudication is based on petitioner's own admission hence, any appeal would be unmeritorious and would only serve to delay execution of the final order. The fact that an appeal in this case if taken by petitioner will be a mere dilatory tactic has been declared by the SC as a good and sufficient reason upon which to issue execution.

Indeed, this court has held that a good and sufficient reason upon which to authorize immediate execution is when an appeal is clearly dilatory.