S.A 2020/21 B.E REMEDIAL LAW | Question #10
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| SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN REMEDIAL LAW #RemedialLaw #PreviousBarQuestions Code: S.A 2020/21 B.E REMEDIAL LAW | Question #10 |
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BAR QUESTION |
On her deathbed, your grandmother revealed to you that in 1994, she and her family won a civil action for damages against a former President for human rights atrocities committed against them during martial law.
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| SHOP HERE VOL. I VOL. II The judgment was never appealed. |
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Your grandmother informed you that she never had the judgment executed because she wanted this to be her parting gift for you when she passed.
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She said that she also felt the need to wait for one of her grandchildren to become a lawyer. It so happened that you have just passed the #BestBarEver2020_21.
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Your grandmother spent her last moments narrating how she had been arrested by the military during martial law, and was then tortured and raped while under detention.
She emphasized that her case was not unique, and that until now, she was yet to receive an.apology from any member of the former President’s family.
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With her last breath, she instructed you not to let her experience happen again. Her parting words to you were: “Never again!”
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Is an action for revival of judgment the proper remedy to enable the judgment’s execution? Explain briefly.
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SUGGESTED ANSWER |
No, the action for revival of judgment is not the proper remedy.
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Under Rule 39, Sec. 6, once a judgment becomes final and executory, the prevailing party can have it executed as a matter of right by mere motion within five years from the date of entry of judgment.
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If the prevailing party fails to have the decision enforced by a motion after the lapse of five 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 10 years from the time the judgment becomes final.
Since more than 10 years had passed after the 1994 case for civil damages, the action had already prescribed (See Rufa A. Rubio et al. v. Lourdes Alabata, G.R. No. 203947, 26 February 2014).
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What are your thoughts on the suggested answer? Please leave a comment in the section below. Thank you for your continued support and feedback.
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