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Diesel Construction Company vs Jollibee Foods Corp

DIESEL CONSTRUCTION COMPANY, INC., petitioner, vs. JOLLIBEE FOODS CORPORATION, respondent.

G.R. No. 136805 | 2000-01-28

D E C I S I O N

PANGANIBAN, J.:

The execution of a judgment pending appeal is an exception to the general rule that only a final judgment may be executed. An exceptional execution must be founded on "good reason," which rests on sound judicial discretion. The alleged financial distress of the prevailing juridical entity is not, by itself, a "good reason."

The Case

Before us is a Petition for Review under Rule 45 of the Rules of Court, assailing the September 21, 19981 [Rollo, pp. 45-46. Penned by J. Artemio G. Toquero and concurred in by JJ. Arturo B. Buena (now a member of this Court) and Eubolo G. Verzola.] and the December 22, 19982...