Opinion on how to execute a court Stale Judgment for Ejectment

In the case of Cecile Santos vs. Myrna Radoc court has ordered the
defendants and all person claiming rights under them to vacate and
surrender the subject premises to the plaintiff. This order was issued on
November 27, 2006.

Under the Rules of Court, order for the judgment of the court to be
enforced, the plaintiff is entitled to a writ of execution to the court, which
rendered such judgment, and issuance thereof is a ministerial duty of the
court.

Also, the immediate enforcement of a writ of ejectment execution is

carried out by giving the defendant notice of such writ, and making a
demand that defendants comply therewith within a reasonable period,
normally from three [3] to five [5] days, and it is only after such period
that the sheriff enforces the writ by the bodily removal of the defendant
and his personal belonging.

Unfortunately, the plaintiff did not enforce the judgment of the

court. Such negligence of the plaintiff made the court order/ judgment
stale for almost thirteen (13)years.

The Supreme Court has held that “Execution of a judgment can no

longer be effected by filing a motion, after 5 years. The remedy would be to
file an independent action for the revival of the judgment. When a writ of
execution is issued by motion after 5 years from the date of entry of
judgment, such motion is considered null and void (Tag Fibers, Inc. v.
NLRC, G.R. No. 120931, Oct. 20, 2000; Terry v. People, G.R. No. 136203, Sept.
16, 1999)”

However, the court in certain instances allowed execution of the

judgment by mere motion despite the lapse of the 5 year period where:
1. The delay in the execution of the judgment was through
causes attributable to the judgment debtor; or Any interruption or delay
occasioned by the debtor will extend the time within which the writ may
be issued without scire facias (Republic v. CA, G.R. No. L-43179, June 27,
1985).
2. When delay is incurred for his benefit.

Since the plaintiff has clearly not filed any writ of execution on the
judgment rendered by the court, the judgment becomes final, so that an
action to enforce said judgment would then be barred by the statute of
limitations
 An action for revival of judgment is governed by Article 1144 (3) of
the Civil Code and Section 6, Rule 39 of the Rules of Court. Pursuant to
Section 6 of Rule 39, 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 date of entry of the judgment. If the prevailing party
fails to have the decision enforced by a motion after the lapse of five years
from the date of its entry, 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 became final. (Mary Bausa et.
al. v. Heirs of Juan Dino, GR 167281, August 28, 2008)