di ka ngtataka na final and executory na yung court ruliing pero hindi pa ng file a motion for execution in the courts?? yan ang prenesent ko na file yan ang reason kung bakit!! hahaha
sec 1 of Rule 39 Rules of Court
Section 1. Execution upon judgments or final orders. — Execution shall issue as a matter of right, or motion, upon a judgment or order that disposes of the action or proceeding upon the expiration of the period to appeal therefrom if no appeal has been duly perfected. (1a)
If the appeal has been duly perfected and finally resolved, the execution may forthwith be applied for in the court of origin, on motion of the judgment obligee, submitting therewith certified true copies of the judgment or judgments or final order or orders sought to be enforced and of the entry thereof, with notice to the adverse party.
The appellate court may, on motion in the same case, when the interest of justice so requires, direct the court of origin to issue the writ of execution. (n)
"Execution shall issue as a matter of right,
on motion. This is plain from the tenor of Sec1 Rule 39. There is therefore,
a need to file a motion before the issuance of a writ of execution Hence, a judge may not order execution of the judgment decision itself. (pg 605, Civil Procedures Bar Lecture series 2016. Atty Willard B Riano citing Lou vs Siapno 335SCRA 181)"