.png "CERTIFIED PARALEGALS & LEGAL RESEARCHERS"){kind=small}
OCA CIRCULAR NO. 47-2019
OCA CIRCULAR NO. 47-2019
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Summary of the Circular
This circular from the Office of the Court Administrator (OCA) serves as a directive regarding the execution of judgments for appealed cases. It outlines the ministerial duty of all first and second level court judges to issue a writ of execution for appealed cases that have been finally resolved. The circular establishes that judges shall issue the writ upon motion of the prevailing party and upon submission of specific documents, without needing to wait for the physical records to be remanded from the appellate court.
Visualization of Procedure
I. Procedure for Executing a Final Judgment
Judgment is Final and Executory
The appellate court (Court of Appeals or Supreme Court) has finally resolved the case.
Prevailing Party's Motion
The judgment obligee files a Motion for Execution in the court of origin.
Submission of Documents
The party submits certified true copies of the judgment and entry of judgment.
Immediate Issuance of Writ
The court of origin must immediately issue the writ of execution.
II. Required Documents for Motion for Execution
| Document | Purpose |
|---|---|
| Certified True Copy of the Judgment | Proof that the appellate court has rendered a final and enforceable decision. |
| Certified True Copy of the Denial of Motion for Reconsideration | Proof that the decision is now final (if a motion for reconsideration was filed). |
| Certified True Copy of the Entry of Judgment | Formal proof that the judgment has become final and executory. |
General Rules
1. Execution of a final judgment is a matter of right.
Explanation: Once a judgment has become final and executory, the prevailing party is entitled to its execution as a matter of right. This means the court has no discretion to refuse or delay its issuance.
Illustration: A winning party files a Motion for Execution. The judge cannot deny the motion or hold it in abeyance out of personal preference. The law mandates that the writ must be issued.
2. The court of origin has the power to issue the writ of execution without the records.
Explanation: The court where the case originated may issue the writ of execution even before the physical records of the case are remanded to it by the appellate court.
Illustration: After the Supreme Court's decision, you do not need to wait months for the records to be sent back to the Regional Trial Court. You can immediately file your motion with the RTC and they must act on it.
3. The judge has a ministerial duty to issue the writ.
Explanation: A judge's duty to issue a writ of execution for a final judgment is a ministerial one, not a discretionary one. This means the judge is simply performing a clerical task and has no legal authority to act otherwise.
Illustration: A judge who refuses to issue the writ, or holds its issuance in abeyance, is acting in excess of their authority and can be held administratively liable.
List of Exceptions
The provided circular is a directive reinforcing the general rule on the execution of final and executory judgments. It does not contain any exceptions to the mandatory duty of a judge to issue the writ of execution upon a proper motion and submission of the required documents.