This case has been cited 2 times or more.
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2015-08-10 |
PERALTA, J. |
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| These two modes of execution are available depending on the timing when the judgment creditor invoked its right to enforce the court's judgment. Execution by motion is only available if the enforcement of the judgment was sought within five (5) years from the date of its entry. On the other hand, execution by independent action is mandatory if the five-year prescriptive period for execution by motion had already elapsed. However, for execution by independent action to prosper - the Rules impose another limitation - the action must be filed before it is barred by the statute of limitations which, under the Civil Code, is ten (10) years from the finality of the judgment.[29] | |||||
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2015-08-10 |
PERALTA, J. |
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| Once a judgment becomes final, the prevailing party is entitled as a matter of right to a writ of execution the issuance of which is the trial court's ministerial duty, compellable by mandamus.[33] Yet, a writ issued after the expiration of the period is null and void.[34] The limitation that a judgment be enforced by execution within the stated period, otherwise it loses efficacy, goes to the very jurisdiction of the court. Failure to object to a writ issued after such period does not validate it, for the reason that jurisdiction of courts is solely conferred by law and not by express or implied will of the parties.[35] | |||||