Flashcards Studio

A judgment creditor (X) obtained a final money judgment against a judgment debtor (Y) in the Regional Trial Court for PhP 1,000,000, plus costs. Y files a notice of appeal to the Court of Appeals and posts a supersedeas bond in the amount of the judgment, interest, and costs. Pending appeal, the sheriff has already issued a writ of execution and levied on Y’s bank account at Bank Z and on a parcel of real property owned by Y. X asks the court to proceed with the sale. Y moves for a stay of execution pending appeal, asserting that the supersedeas bond cures the lack of a stay. (a) Identify the controlling doctrine governing execution pending appeal and the effect of a supersedeas bond. (b) Apply the doctrine to these facts and determine whether a stay should be granted, and, if so, what orders the court should issue to protect the interests of both parties.