PARTIAL OR DISCRETIONARY EXECUTION:

When an appeal had been duly perfected, execution of the judgment, whether wholly or partially, was not a matter of right, but of discretion provided good reasons therefor existed. The compelling grounds for the issuance of the writ must be stated in a special order after due hearing. Aside from the existence of good reasons, the rules also require that the motion for partial execution should have been filed while the trial court still had jurisdiction over the case. (Rules of Court, Rule 39, Section 2(b). x x x In the present case, the RTC's May 9, 2002 Order granting the issuance of the writ of execution failed to state good reasons for the issuance of the writ. The RTC mistakenly deemed that the execution should issue as a matter of right because it had held that part of its September 14, 2001 Decision had become final and executory. As previously discussed, the said proposition is erroneous because the Decision in the present case is not properly severable. x x x 

Furthermore, the motion for partial execution was filed only on August 22, 2001, more than four months after the appeal was perfected. "In appeals by notice of appeal, the court loses jurisdiction over the case upon the perfection of the appeals filed in due time and the expiration of the time to appeal of the other parties." Each party only has at most 15 days from their receipt of the final order to appeal it. Thus, when respondents filed their motion for partial execution the RTC no longer had jurisdiction over the case and it no longer had jurisdiction to act on the said motion for partial execution. (Rules of Court, Rule 41, Section 9). (ASSOCIATED ANGLO-AMERICAN TOBACCO CORPORATION and FLORANTE DY, vs. COURT OF APPEALS, HON. CRISPIN C. LARON, G.R. No. 167237, April 23, 2010 DEL CASTILLO, J.).