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ERNESTO VILLEZA v. GERMAN MANAGEMENT

This case has been cited 4 times or more.

2015-08-10
PERALTA, J.
Aside from the civil indemnity arising from the crime, costs and incidental expenses of the suit are part of the judgment and it is incumbent upon the prevailing party in whose favor they are awarded to submit forthwith the itemized bill to the clerk of court.[45] Manifestly, the heirs of Atty. Roblete failed to do so. Their indifference, if not negligence, is indicative of lack of interest in executing the decision rendered in their favor. To remind, the purpose of the law in prescribing time limitations for executing judgments or orders is to prevent obligors from sleeping on their rights.[46] Indeed, inaction may be construed as a waiver.[47]
2014-02-26
MENDOZA, J.
right by mere motion within five (5) years from the date of entry of judgment. If the prevailing party fails to have the decision enforced by a motion after the lapse of five (5) years, the said judgment is reduced to a right of action which must be enforced by the institution of a complaint in a regular court within ten (10) years from the time the judgment becomes final.[11] An action for revival of judgment is governed by Article 1144 (3), Article 1152 of the Civil Code and Section 6, Rule 39 of the Rules of Court. Thus,
2012-03-14
REYES, J.
A final and executory judgment may be executed by the prevailing party as a matter of right by mere motion within five (5) years from the entry of judgment, failing which the judgment is reduced to a mere right of action which must be enforced by the institution of a complaint in a regular court within ten (10) years from finality of the judgment.[39] In the instant case, there is no showing that after the judgment in Civil Case No. 36-C, the petitioners filed a motion to execute the same during the first five (5) years after its finality, or within the succeeding five (5) years, by a civil action to revive the judgment, before it would have been barred by the statute of limitations.[40] An action for revival of judgment is governed by Articles 1144(3) and 1152 of the Civil Code, and Section 6, Rule 39 of the Rules of Court.  Articles 1144(3) and 1152 of the Code state: Art. 1144. The following actions must be brought within ten years from the time the right of action accrues: