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Remedial Law Digest Cases

Remedial Law Digest Cases

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Published by Joseph Rinoza Plazo

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Published by: Joseph Rinoza Plazo on Feb 20, 2012
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03/13/2013

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16 SEPT. 1999
Facts:On August 13, 1979, the CFI rendered a decision for which, no appeal was made. On
November 22, 1979, a writ of execution was issued against P. However, the writ was not served
on P. On December 9, 1985, the court, issued an alias writ of execution.

Issue:Whether the writ of execution was validly issued

Held:No. The rule is that the court could issue a writ of execution by motion within five (5)
years from finality of the decision, which in this case was in 1979. A writ of execution issued

29

REMEDIAL LAW
DIGESTS
ATENEO BAR OPERATIONS 2001

after the expiration of that period is null and void. There is a need for the interested party to file
an independent action for revival of judgment.

ACCION PUBLICIANA

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