7. Effect of Judgments or Final Orders

MEMORANDUM DECISION

The judgment or final resolution of the appellate court may adopt by reference the findings of facts and conclusions of law contained in the decision of the trial court.

Separate Judgments are Made on One or Several Claims

• At any stage;
• Upon a determination of the issues material to a particular claim and all counterclaims arising out of the transaction, or occurrence which is the subject matter of the claim;
• Such judgment terminates the claim, leaving the action to proceed as to the remaining claims.

REMEDIES AGAINST JUDGMENTS OR FINAL ORDERS (Riano 2015 p. 630)

Before Finality

• Motion for Reconsideration
• Motion for New trial
• Appeal

Effect of Perfected Appeal

General Rule: A perfected appeal stays the challenged judgment or final order; such judgment or final order cannot yet be the subject of a motion for execution.

Exception: If the Court of Appeals, the law, or the Rules provide otherwise.

This is NOT applicable to civil cases under the Rule on Summary Procedure which provides that the decision of the RTC in civil cases governed by said Rule, including forcible entry and unlawful detainer cases; shall be immediately executory without prejudice to a further appeal that may be taken therefrom.

ENFORCEMENT AND EFFECT OF FOREIGN JUDGMENTS OR FINAL ORDERS

In case of a judgment or final order UPON A SPECIFIC THING:

The judgment or final order is conclusive upon the title to the thing.

In case of a judgment or final order AGAINST A PERSON:

The judgment or final order is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title.

In EITHER case, the judgment or final order may be REPELLED by evidence of a:

• Want of jurisdiction;
• Want of notice to the party;
• Collusion;
• Fraud; or
• Clear mistake of law or fact.