KINDS OF JUDGMENT:

1. Judgment by consent
2. Judgment by default
3. Judgment of non-suit
4. Judgment without day
5. Judgment on pleading
6. Summary Judgment
7. Amended judgment
8. Special judgment
9. Judgment for and against one or more of several
parties
KINDS OF JUDGMENT:

10. Several judgments

11. Separate judgment
12. Judgment against non-juridical entity
JUDGMENT ON PLEADINGS

only proper where an answer fails to tender an

issue, or otherwise admits the material allegations of the
adverse party’s pleading.
SUMMARY JUDGMENT

proper when there is clearly no genuine issue as

to any material fact in the action.
GROUNDS FOR NEW TRIAL

a. Fraud, accident, mistake or excusable negligence

b. Newly discovered evidence, which could not, with

reasonable diligence, have been discovered and
produced during the trial
ORDER OF DUE EXECUTION OF JUDGMENT – ministerial
duty of the court, except:

1. In cases of special and exceptional nature where it

becomes imperative in the higher interest of justice
to direct the suspension of its execution
2. Whenever it is necessary to accomplish the aims of
justice
3. When certain facts and circumstances transpired
which execution of judgment will be unjust
ORDER OF DUE EXECUTION OF JUDGMENT – ministerial
duty of the court, except:
4. When it appears that the controversy had never been
submitted to the judgment of the court
5. When it appears that the writ has been issued without
authority
6. Judgment debt has been satisfied
7. When it becomes imperative to direct its modification
in order to harmonize the disposition with the
prevailing circumstances
DISCRETIONARY EXECUTION:

1. Judgments pending appeal

2. Execution of several, separate or partial judgments
REQUISITES FOR ISSUING DISCRETIONARY
EXECUTION OF JUDGMENT PENDING APPEAL:
1. Trial court had jurisdiction over the case
2. Motion by the prevailing party with notice to adverse
party
3. Good reason for issuing the writ of execution
4. The good reason must be stated in a special order
REMEDY OF THIRD-PARTY CLAIMANT
- file Third-Party Affidavit of Claim or Tercera in
the same case
REMEDY OF THE PURCHASER OF REAL PROPERTY
SOLD ON EXECUTION IS PREJUDICED:
1. Motion on the recovery of the purchase price, and
interest thereon, from the judgment obligee in the
same case or in a separate civil action
2. Motion to have the original judgment revived in his
name for the whole price with interest
ENFORCEMENT OF FOREIGN JUDGMENT:

 Judgment upon a SPECIFIC thing – the judgment or

final order is conclusive upon the title of the thing

 Judgment against a PERSON – presumptive evidence

of a right as between the parties and their
successors-in-interest by a subsequent title