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    Hrs of Divinagracia v. Ruiz Digest

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    The Supreme Court ruled that awards of moral damages, exemplary damages, and attorneys fees granted in intra-corporate cases are not immediately executory if an appeal is filed. While decisions in intra-corporate cases are generally immediately executory, the Supreme Court amended Section 4 of the Interim Rules of Procedure in 2006 to clarify that awards of moral damages, exemplary damages, and attorneys fees are exempt from immediate execution when appealed. This amendment applies retroactively as procedural rules apply to pending cases at the time of their passage.

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    Hrs of Divinagracia v. Ruiz Digest

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    cookbooks&lawbooks
    112 views1 page
    The Supreme Court ruled that awards of moral damages, exemplary damages, and attorneys fees granted in intra-corporate cases are not immediately executory if an appeal is filed. While decisions in intra-corporate cases are generally immediately executory, the Supreme Court amended Section 4 of the Interim Rules of Procedure in 2006 to clarify that awards of moral damages, exemplary damages, and attorneys fees are exempt from immediate execution when appealed. This amendment applies retroactively as procedural rules apply to pending cases at the time of their passage.

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    Remedial Law Review Special Procedures on settlement of estate

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    The Supreme Court ruled that awards of moral damages, exemplary damages, and attorneys fees granted in intra-corporate cases are not immediately executory if an appeal is filed. While decisions in intra-corporate cases are generally immediately executory, the Supreme Court amended Section 4 of the Interim Rules of Procedure in 2006 to clarify that awards of moral damages, exemplary damages, and attorneys fees are exempt from immediate execution when appealed. This amendment applies retroactively as procedural rules apply to pending cases at the time of their passage.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    112 views1 page

    Hrs of Divinagracia v. Ruiz Digest

    Uploaded by

    cookbooks&lawbooks
    The Supreme Court ruled that awards of moral damages, exemplary damages, and attorneys fees granted in intra-corporate cases are not immediately executory if an appeal is filed. While decisions in intra-corporate cases are generally immediately executory, the Supreme Court amended Section 4 of the Interim Rules of Procedure in 2006 to clarify that awards of moral damages, exemplary damages, and attorneys fees are exempt from immediate execution when appealed. This amendment applies retroactively as procedural rules apply to pending cases at the time of their passage.

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    © All Rights Reserved
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    of 1

    Hrs. of Santiago Divinagracia v.

    Judge Ruiz, Bombo Radyo (2011)


    Doctrine: award of moral damages, exemplary damages and attorneys fees, awarded as an
    incident to an intra-corporate case, are exempt from the rule on immediate execution
    Facts:
    IN 1999, Santiago Divinagracia as stockholder of filed a derivative suit on behalf of Peoples
    Broadcasting Service Incorporated (PBS) assailing a management contract entered into by
    PBS and Bombo Radyo
    Counterclaim: suit filed by Divinagracia was unfounded and intended only to harass and
    molest them, claimed for moral, exemplary damages and attys fee.
    RTC acting as Special Commercial Court dismissed the Divinagracias complaint and granted
    the counterclaim of PBS and Bombo Radyo. The Court further ordered the Heirs of
    Divinagracia to pay PBS and Bombo P850K
    The Heirs filed a notice of appeal with the RTC while Bombo and PBS moved for immediate
    execution. The latter was granted by the RTC
    Heirs filed petition under Rule 65 with CA. They argued that the issuance of the writ of
    execution by the RTC was improper, considering that they had already appealed the decision
    to the CA. The CA in dismissing the petition reasoned that Section 4 of Rule 1 of the Interim
    Rules of Procedure for Intra-Corporate Controversies was very explicit in providing that all
    decisions rendered in intra-corporate controversies shall be immediately executory
    ISSUE: WON moral damages, exemplary damages, and attorneys fees, awarded as a
    result of a counterclaim in an intra-corporate case, are immediately executory despite
    the pendency of the appeal in the main case? NO
    HELD:
    In 19 September 2006, the Court en banc issued A.M. No. 01-2-04-SC titled "Re:
    Amendment of Section 4, Rule 1 of the Interim Rules of Procedure Governing
    Intra-Corporate Controversies by Clarifying that Decisions Issued Pursuant to Said
    Rule are Immediately Executory Except the Awards for Moral Damages, Exemplary
    Damages and Attorneys Fees, if any."
    Hence, Sec. 4 now reads:
    o SEC. 4. Executory nature of decisions and orders. All decisions and orders issued
    under these Rules shall immediately be executory EXCEPT THE AWARDS FOR MORAL
    DAMAGES, EXEMPLARY DAMAGES AND ATTORNEYS FEES, IF ANY. No appeal or
    petition taken therefrom shall stay the enforcement or implementation of the
    decision or order, unless restrained by an appellate court. Interlocutory orders shall
    not be subject to appeal
    The issuance is retroactive as indisputably, the amendment of Section 4, Rule 1 of the
    Interim Rules is procedural in character.
    Well-settled is the rule that procedural laws are construed to be applicable to actions
    pending and undetermined at the time of their passage, and are deemed retroactive in that
    sense and to that extent

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