Philippine Bar review · Question

Practice question: By Motion or Independent Action

Multiple Choice Hard

Practice question

A judgment is properly revived through an independent action. The revived judgment is entered. A party argues that Section6 provides no enforcement mechanism for that new judgment because only the original judgment ever counts. Which is best?
  1. A revived judgment can never be enforced
  2. Only private collection is possible
  3. Every revival automatically satisfies the debt
  4. Section6 expressly provides enforcement of the revived judgment by motion within five years from its entry and thereafter by timely action
  5. The revived judgment has no legal effect

Legal references

  • Rule39 Section6: https://lawphil.net/courts/rules/rc_1-71_civil.html

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