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Question

T. Execution, Satisfaction, and Effects of Judgments (Rule 39) - 2. By Motion or by Independent Action - Section 6

Mr. Santos obtained a favorable judgment against XYZ Corporation in a civil case for damages. Despite the court's ruling, XYZ Corporation refuses to comply with the judgment and pay Mr. Santos the awarded damages. Mr. Santos decides to take action to enforce the judgment.

With reference to Section 6 of Rule 39 of the Rules of Court, discuss the following:

1. What is the available remedy for Mr. Santos to enforce the judgment against XYZ Corporation?
2. What are the requirements for availing the said remedy?
3. What is the effect of Mr. Santos' failure to comply with the requirements?

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Answer