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Uploads PDF 196 CV 110453 01302020 PDF
Uploads PDF 196 CV 110453 01302020 PDF
Uploads PDF 196 CV 110453 01302020 PDF
Court of Appeals
Manila
DECISION
LEGASPI, G. F. D., J.:
SO ORDERED.”7
On March 15, 2016, Atty. Sheena Ester A. Gacer (Atty. Gacer), Clerk
of Court of RTC-Branch 23, issued a certificate of finality 16, attesting that
the 2003 Decision became final and executory on February 5, 2004 after
defendant-appellee received the same on January 21, 2004. On the basis
thereof, plaintiffs-appellants filed a second complaint for revival of
judgment which is the subject of this present appeal.
12 Records, p. 23.
13 Id.
14 Records, p. 17.
15 Records, p. 114.
16 Records, pp. 25-26.
17 Records, pp. 109-113.
18 See Order dated April 17, 2017, Records, pp. 121-122.
19 See Order dated May 22, 2017, Records, p. 127.
20 T.S.N. dated May 22, 2017, pp. 10-11.
CA-G.R. CV No. 110453
Decision Page 4 of 7
SO ORDERED.”21
Assignment of Errors
“I.
II.
Our Ruling
We discuss first the issue on whether or not the 2003 Decision has
attained finality with regard to defendant-appellee.
The second complaint for revival of the 2003 Decision was filed on
April 18, 2016 or thirteen (13) years after the 2003 Decision became final.
In relation to this, Articles 1144 and 1152 of the Civil Code provide
the pertinent period of prescription and reckoning point with regard to an
action for revival of judgment, to wit:
SO ORDERED.
ORIGINAL SIGNED
GERMANO FRANCISCO D. LEGASPI
Associate Justice
CA-G.R. CV No. 110453
Decision Page 7 of 7
WE CONCUR:
ORIGINAL SIGNED
MANUEL M. BARRIOS
Associate Justice
ORIGINAL SIGNED
WALTER S. ONG
Associate Justice
CERTIFICATION
ORIGINAL SIGNED
MANUEL M. BARRIOS
Associate Justice
Chairperson, Sixteenth Division