2 'five-year' rules in civil procedure

Pursuant to the provisions of section 5 (5) of Article VIII of the Constitution, the Supreme Court has adopted and promulgated the Rules of Court (effective July 1, 1997) concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. (Per Resolution of the Supreme Court in Bar Matter No. 803 Adopted in Baguio City on April 8, 1997)

The following provision is taken from Rule 39 on Execution, Satisfaction and Effect of Judgments.

Section 6. Execution by motion or by independent action. — A final and executory judgment or order may be executed on motion within five (5) years from the date of its entry. After the lapse of such time, and before it is barred by the statute of limitations, a judgment may be enforced by action. The revived judgment may also be enforced by motion within five (5) years from the date of its entry and thereafter by action before it is barred by the statute of limitations.