Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Civil Procedure › Execution, Satisfaction, and Effect of Judgments (Rule 39) › How a Judgment is Executed

a. By Motion or Independent Action

Requisites

  • There must be a motion for intervention filed BEFORE rendition of judgment.
  • Movant must show in his/her motion that he/she has legal interest in the matter in litigation, in the success of either of the parties in the action, or against both parties.
  • The movant must show that he/she is situated as to be adversely affected by a distribution or other disposition of property in the custody of the court.
  • Intervention must not unduly delay or prejudice the adjudication of the rights of the original parties.
  • Intervenor’s rights may not be fully protected in a separate proceeding.

EXECUTION BY MOTION OR BY INDEPENDENT ACTION

A Final and Executory Judgment or Order may be executed:

  • On motion, within five (5) years from entry; or
  • By filing an independent action for revival of judgment after five (5) years but before ten (10) years from entry.

The Revived Judgment may be enforced:

  • By motion, within five (5) years from date of its entry; or
  • By action, after the lapse of five (5) years, before it is barred by the statute of limitations. (Rule 38, Section 6)

Execution by Independent Action – REVIVAL OF JUDGMENT

A revived judgment is deemed a new judgment, separate and distinct from the original judgment. Hence, the five (5) year period to enforce the judgment by motion and the ten (10) year period to enforce the judgment by action will run from the date of finality of the revived judgment and not of the original judgment.

The action for revival of judgment need not necessarily be filed with the same court that decided the case; it shall be filed in the RTC as one incapable of pecuniary estimation.

Revival of Judgment (Section 6) Revival of Judgment (Section 34)
An independent action assigned a new docket number with payment of filing fees, assigned to a new court Not an independent action; merely by motion filed in court
Assumes that there is no execution within the first five years Assumes that a judgment is executed within the first five years
The party who files the action is the judgment creditor himself, or his assignee, or successor-in-interest The party who files the motion is not the original judgment creditor but the highest bidder in the public auction sale
Filed due to lapse of the five-year period Filed because movant is deprived of the property purchased

Availability of interim reliefs to respondent

Upon verified motion of the respondent and after due hearing, the court, justice or judge may issue an inspection order or production order. (Sec. 15, A.M. No. 07-9-12-SC)

Right to contribution or reimbursement

Contribution and reimbursement may be obtained in a separate action, unless cross claims have been filed and adjudicated in the same action, in which case, execution may issue to compel contribution or reimbursement. (Feria and Noche, Civil Procedure Annotated, 2013 ed., vol 2)

Authorities

  • , Sec. 34
  • , Sec. 6
  • Rules of Court, Rule 38, Sec. 6