RULE 39
satisfied;
Where the judgment or order has become
executor, the court cannot refuse to issue
a writ of execution, except:
(a) When subsequent facts and
circumstances transpire which render
such execution unjust or impossible.
(b) On equitable grounds, as when there
is a change of situation of the parties
which makes the execution
inequitable.
(c) Where the judgment has been
novated by parties.
(d) When a petition for relief or action to
enjoin the judgment is filed and a
preliminary injunction is prayed for
and granted.
(e) Where the judgment becomes
dormant, the 5-year period under
section 6 of this rule having expired
without the judgment being revived.
(f) Where the judgment turns out to be
incomplete, since, as a matter of law,
such judgments cannot become final.
Quashal of a writ of execution is
proper:
(a) When it was improvidently issued;
(b) When it is defective in substance;
(c) When it is issued against the wrong
party;
(d) Where the judgment was already
(d) Where the judgment was already
satisfied;
(e) When it was issued without
authority;
(f) When a change in the situation of the
parties renders execution inequitable;
and
(g) When the controversy was never
validly submitted to the court.
(h) Where the writ of execution varies
the terms of judgment, or where it is
sought to be enforced against property
exempt from execution or where there is
ambiguity in the terms of judgment.
Ultimately, these defects may also be
challenged on appeal or in certiorari,
prohibition or mandamus actions.
After judgment has become executory,
the court cannot amen the same
except:
(a) To make corrections of clerical
errors, mistakes or omissions.
(b) To clarify ambiguity which is borne
out by and justifiable in the context of
the decision.
(c) In judgments of support.
1
Even before judgment has become
executor and before appeal was
perfected, the court, in its discretion,
may order execution upon good
reason to be stated in a special order,
such as:
(i) Where the case involved escrow
deposits and the prevailing party posts
sufficient bond to answer for damages in
case of reversal judgment.

(a) Where the lapse of time would make

the ultimate judgment ineffective.

(b) Where the appeal is clearly dilatory.

(c) Where the judgment is for support

and the beneficiary is in need thereof.

(d) Where the articles of the subject case

would deteriorate.

(e) Where defendants are exhausting

their income and have no other property
aside from the proceeds from the
subdivision lots subject of the action.

(f) Where the judgment debtor is in

imminent danger of insolvency or is
actually insolvent.

(g) Where the prevailing party is of

advanced age and in precarious state of
health, and the obligation in the
judgment is non-transmissible being for
support.

(h) Where there is uncontradicted

evidence showing that, in order to house
machineries which they were forced to
place on a public street, movants were in
extreme need of the premises subject of
the suit and the possession whereof was
adjudged to them in the trial court’s
decision, and the corresponding bond to
answer for damages in case of reversal
on appeal had been posted by them.