Philippine Bar review · Topic
By Motion or Independent Action
Explore By Motion or Independent Action in How a Judgment is Executed for the Philippine Bar. Browse subtopics and published practice questions, then take a…
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Practice questions
- Under the ordinary Rule39 Section6 framework, execution by motion is available within what period from entry of the fin…
- After the ordinary five-year motion period lapses, what mechanism does Section6 identify before prescription bars enfor…
- In the ordinary judgment-enforcement setting, the ten-year period for the action is generally counted from what?
- An ordinary judgment remains unexecuted seven years after finality and entry. No exceptional delay, interruption or tol…
- A creditor says that five years by motion plus ten years by action necessarily gives fifteen years from original entry …
- Within the applicable period, a creditor brings an action to revive a final unexecuted judgment. The debtor seeks a com…
- A judgment is properly revived through an independent action. The revived judgment is entered. A party argues that Sect…
- Distinguish execution by motion from enforcement through independent action under the ordinary Rule39 timetable.
- Why is a revival action not an unrestricted second trial on the original cause?
- Explain the Rule39 treatment of an entered revived judgment.
- In Land Bank, what constitutes the cause of action in a revival suit?
- Can an already fully executed judgment satisfy Land Bank’s stated nonexecution requirement for revival?