In ejectment, which is NOT required to stay execution of the RTC judgment?

Prepare for the Bar Remedial Law Exam with our engaging quiz. Study with interactive questions and detailed explanations. Master the concepts today!

Multiple Choice

In ejectment, which is NOT required to stay execution of the RTC judgment?

Explanation:
In ejectment, staying the RTC judgment is about preserving the situation while the judgment is being reviewed, and you don’t have to pursue an appeal to do so. There are several recognized ways to obtain a stay: a petition for relief from judgment under Rule 42, which can suspend enforcement if granted on proper grounds; posting a supersedeas bond, which secures payment of the judgment while the appeal is pending; and depositing rents due during the pendency of the appeal, so the possessor can stay in possession without losing money to the opposing party. Perfecting an appeal to the RTC, while it may lead to reversal on the merits, is not required to obtain a stay.

In ejectment, staying the RTC judgment is about preserving the situation while the judgment is being reviewed, and you don’t have to pursue an appeal to do so. There are several recognized ways to obtain a stay: a petition for relief from judgment under Rule 42, which can suspend enforcement if granted on proper grounds; posting a supersedeas bond, which secures payment of the judgment while the appeal is pending; and depositing rents due during the pendency of the appeal, so the possessor can stay in possession without losing money to the opposing party. Perfecting an appeal to the RTC, while it may lead to reversal on the merits, is not required to obtain a stay.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy