2019 Remedial Law, Q4

Mrs. E filed a complaint for sum of money against Mr. F in the amount of ₱1,000,000.00 before the Regional Trial Court (RTC). After due proceedings, the RTC ruled in favor of Mrs. E, and since no appeal was interposed thereto, the ruling became final and executory as evinced by an Entry of Judgment dated July 2, 2012. However, Mrs. E was unable to immediately move for the execution of said judgment because she had a work engagement overseas.
On June 29, 2017, Mrs. E returned to the country and, on the same day, filed a motion for the issuance of a writ of execution before the RTC. On July 7, 2017, the RTC granted the motion, and consequently, issued a writ of execution in Mrs. E’s favor.
Was the RTC’s issuance of the writ of execution procedurally infirm? Explain. (3%)

Quick check

Within what period from entry of judgment may a final judgment be enforced by mere motion under Rule 39?

What is the proper procedural remedy to enforce a judgment after the five-year period has elapsed but before ten years expire?

Under prevailing jurisprudence, when is the five-year prescriptive period for execution by motion legally suspended?

What is the legal status of a writ of execution issued by a trial court on motion beyond the mandatory five-year period?

Which of the following events restarts the prescriptive period for enforcing a final money judgment?

Learn more about these topics

1. Execution by Motion
Under Section 6, Rule 39 of the Rules of Court, a final and executory judgment may be executed on motion within five years from the date of its entry. Both the filing of the motion for execution and the actual issuance of the writ of execution by the court must take place within this mandatory five-year period. If the court fails to issue the writ within the five-year window, it loses jurisdiction to enforce the judgment through a mere motion, rendering any writ issued thereafter procedurally infirm and null and void.

2. Action for Revival
After the lapse of five years from the entry of judgment and before the expiration of ten years, a judgment can no longer be enforced by motion. Instead, the judgment obligee must institute an independent civil action for revival of judgment under Section 6, Rule 39. The purpose of an action for revival is not to re-examine or re-litigate the merits of the original case, but to give the judgment obligee a new right of action from which a new judgment may issue, restart the execution period, and obtain an enforceable writ.

3. Suspension of Period
The five-year prescriptive period for execution of judgment by motion is mandatory, but jurisprudence recognizes exceptions where the count is suspended. The five-year period is tolled when the delay in execution is caused by or attributable to the acts or maneuvers of the judgment debtor, or due to financial or legal impediments beyond the control of the parties. However, personal circumstances or voluntary overseas employment of the judgment creditor do not suspend the five-year period, as these do not constitute legal or acts-of-debtor impediments under Philippine procedural law.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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