Tuesday, August 9, 2011

Execution pending appeal; "good reason" defined - A.M. No. RTJ-07-2060

A.M. No. RTJ-07-2060
(click link)



"x x x.

As to the allegations of poor judgment and gross ignorance of basic legal principles in granting the motions for execution pending appeal for flimsy and unsupported reasons, we find that the particular reasons relied upon by respondent judge for issuing the writ of execution pending appeal are so unreliably weak and feeble that it highlights the lack of knowledge of respondent judge with regard to the proper appreciation of arguments.


In Florendo v. Paramount Insurance Corp.,[30] the Supreme Court held:


x x x “Good reasons,” it has been held, consist of compelling circumstances that justify immediate execution lest the judgment becomes illusory. The circumstances must be superior, outweighing the injury or damages that might result should the losing party secure a reversal of the judgment. Lesser reasons would make of execution pending appeal, instead of an instrument of solicitude and justice, a tool of oppression and inequity.


“Good reason” as required by Section 2, Rule 39 of the Rules of Court does not necessarily mean unassailable and flawless basis but at the very least, it must be on solid footing. Dire financial conditions of the plaintiffs supported by mere self-serving statements as “good reason” for the issuance of a writ of execution pending appeal does not stand on solid footing. It does not even stand on its own.

x x x."