general rule: the Rule on Execution by Motion or by
Independent Action UNDER SECTION 6, RULE 39 APPLIES ONLY TO CIVIL ACTIONS AND
NOT TO SPECIAL PROCEEDINGS such as an ex parte petition for the issuance of the
writ of possession as it is not in the nature of a civil action. (SPOUSES ERNESTO and VICENTA TOPACIO, vs. BANCO FILIPINO SAVINGS and MORTGAGE BANK, G.R. No. 157644, November 17, 2010, BRION, J.).
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