Philippine Bar review · Question

Practice question: By Motion or Independent Action

Multiple Choice Medium

Practice question

A creditor timely seeks revival of a final, not fully executed judgment. A third party asks the revival court to resolve its independent current ownership dispute as an indispensable part of revival. Which Land Bank distinction matters?
  1. Revival’s limited inquiry is distinct from adjudicating that later third-party interest
  2. Every ownership dispute must be tried before revival
  3. The third party automatically wins title
  4. A transfer necessarily cancels the judgment
  5. The old merits must be retried

Legal references

  • Rules of Court Rule39 relevant sections: https://lawphil.net/courts/rules/rc_1-71_civil.html Section6.
  • Land Bank v Suntay GR268116 January14,2025 MAIN: https://lawphil.net/judjuris/juri2025/jan2025/gr_268116_2025.html

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