Philippine Bar review · Question

Practice question: By Motion or Independent Action

Multiple Choice Hard

Practice question

Within the applicable period, a creditor brings an action to revive a final unexecuted judgment. The debtor seeks a complete retrial of issues finally decided in the original case, presenting no post-judgment defense. Which is best?
  1. Revival automatically erases the original adjudication
  2. Every witness must always testify again
  3. Revival concerns the judgment’s enforceability, not ordinary relitigation of its settled merits
  4. A new case number makes the old judgment advisory
  5. The creditor must prove a new underlying contract

Legal references

  • G.R.268116, January2025, main decision, revival requirements: https://lawphil.net/judjuris/juri2025/jan2025/gr_268116_2025.html

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