Thursday, August 28, 2014

INSTANCES WHERE A WRIT OF EXECUTION MAY BE APPEALED:

   1) the writ of execution varies the judgment;  2) there has been a change in the situation of the parties making execution inequitable or unjust;  3) execution is sought to be enforced against property exempt from execution;  4)  it appears that the controversy has never been subject to the judgment of the court; 5) the terms of the judgment are not clear enough and there remains room for interpretation thereof; or 6) it appears that the writ of execution has been improvidently issued, or that it is defective in substance, or is issued against the wrong party, or that the judgment debt has been paid or otherwise satisfied, or the writ was issued without authority. (GENERAL MILLING CORPORATION-INDEPENDENT LABOR UNION VS. GENERAL MILLING CORPORATION, G.R. NO. 183122, JUNE 15, 2011, PEREZ, J.).

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