A judgment becomes "final and executory" by operation of law. Finality of judgment becomes a fact upon the lapse of the reglementary period to appeal if no appeal is perfected. In such a situation, the prevailing party is entitled to a writ of execution, and issuance thereof is a ministerial duty of the court.

When can a judgment of conviction became final and executory?

“A judgment of conviction becomes final (a) when no appeal is seasonably perfected, (b) when the accused commences to serve the sentence, (c) when the right to appeal is expressly waived in writing, except where the death penalty was imposed by the trial court, and (d) when the accused applies for probation, thereby ...

When can a final judgment becomes final?

A judgment in criminal case becomes final after the lapse of the period for perfecting an appeal, or when the sentence has been partially or totally satisfied or served, or the defendant has expressly waived in writing his right to appeal.