Philippine Bar review · Question

Practice question: By Motion or Independent Action

Multiple Choice Medium

Practice question

An ordinary judgment remains unexecuted seven years after finality and entry. No exceptional delay, interruption or tolling is shown. The creditor seeks only a new motion as though the first five years never expired. Which is best?
  1. The ordinary post-five-year route is an independent action before prescription, not an unrestricted late motion
  2. Every judgment is enforceable by motion forever
  3. Seven years always equals less than five
  4. The debtor automatically becomes criminally liable
  5. The sheriff may privately restart entry

Legal references

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

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