7. What is revival of judgment?

An action for revival of judgment is no more than a procedural means of

securing the execution of a previous judgment which has become dormant
after the passage of five years without it being executed upon motion of the
prevailing party.

It is not intended to re-open any issue affecting the merits of the judgment
debtor’s case nor the propriety or correctness of the first judgment. An action
for revival of judgment is a new and independent action, different and
distinct from the recovery of property case or the reconstitution case,
wherein the cause of action is the decision itself and not the merits of the
action upon which the judgment sought to be enforced is rendered. Revival of
judgment is premised on the assumption that the decision to revived, either
by motion or by independent action, is already final and executory
(Saligumba v. Palanog G.R. No. 143365, Dec. 4, 2008).

8. How is a judgment for money executed or enforced?

Three Ways to enforce a judgment for money

1. Immediate payment on demand; 


2. Satisfaction by levy; 


3. Garnishment of debts and credits. 


Steps in executing a judgment for money

1. The officer shall demand from the obligor the immediate payment of the
full amount stated in the judgment including the lawful fees in cash,
certified check payable to the judgment oblige or any other form of
payment acceptable to him; 


2. If the judgment obligor cannot pay all or part of the obligation in cash,
certified check or other mode of payment, the officer shall levy upon the
properties of the judgment obligor. The judgment obligor shall have the
option to choose which property or part thereof may be levied upon. If the
judgment obligor does not exercise the option, the officer shall first levy
on the personal properties, if any, and then on the real properties if the
personal properties are insufficient to answer for the personal judgment
but the sheriff shall sell only so much of the property that is sufficient to
satisfy the judgment and lawful fees; 


3. The officer may levy on the debts due the judgment debtor including bank
deposits, financial interests, royalties, commissions and other personal
property not capable of manual delivery in the possession or con troll of
third parties. This is called garnishment (Sec. 9, Rule 39). 

9. How is a judgment for a specific act executed or enforced?
Execution of Judgments for the following specific acts if the judgment debtor
refuses/fails to comply:

Judgment for Specific Act (Sec.10) Manner of Execution

1. Conveyance, delivery of deeds, or Court can appoint some other person at

other specific acts vesting title; 
 the cost of the disobedient party and the
act when so done shall have the same
effect as if done by the required party.

2. Sale of real and personal property Sell such property and apply the
proceeds in conformity with the
judgment.

3. Delivery or restitution of real If the party refuses to deliver, a writ of

property execution directing the sheriff to cause
the defendant to vacate is in the nature
of a habere facias possesionem and
authorizes the sheriff to break open the
premises where there is no occupant
therein.

If the party refuses to vacate property,

the remedy is not contempt. The sheriff
must oust the party. But if demolition is
involved, there must be a special order.

4. Removal of improvements on The officer
 may destroy, demolish or

property subject of execution remove the 
improvements upon
special order of the court, issued upon
motion of the judgment obligee

5. Delivery of personal property The officer shall take possession and

deliver to the party entitled thereto.

10. How is a special judgment executed or enforced?

When a judgment requires the performance of any act other than those mentioned
in the two preceding sections, a certified copy of the judgment shall be attached to
the writ of execution and shall be served by the officer upon the party against
whom the same is rendered, or upon any other person required thereby, or by law,
to obey the same, and such party or person may be punished for contempt if he
 disobeys such judgment (Sec. 11, Rule 39).

11. Who executes a judgment?

Sheriff (?)

12. What is terceria?

A terceria, also called as third-party claim, is a remedy available to a

third person other than the judgment obligor or his agent who claims a property
levied on. (?)

13. What is your remedy of your terceria is denied?

The remedy when denied is neither certiorari or appeal. (?)

LEVEL TWO: PREPARATION OF THE COMPLAINT

I. Determining nature of action

1. What is the nature of an action?

2. How will you determine the nature of an action?

3. What are the different kinds of action according to their nature?

Civil Actions, Criminal Actions, Special Proceedings. (?)

II. Determination of cause of action

1. What is a cause of action?

A cause of action is the act or omission by which a party violates a roght

of another. (Rule 2, Sec. 2)

2. What are the elements of a cause of action?

 Elements of a cause of action (LOV)

 A legal right in favor of the plaintiff; 


 An obligation on the part of the named defendant to 
respect or not to
violate such right; and 

 Act or omission on the part of such defendant in violation of the right
of the plaintiff; or constituting a breach of the obligation of the
defendant to the plaintiff for which the latter may maintain an action
for recovery of damages or other appropriate relief 
(Riano, 2014).



3. What is a right of action?

The term “right of action” is the right to commence and maintain an

action. It is the seed of litigation. (Rule 2)

It is the right of a plaintiff to bring an action and to prosecute that action

until final judgment (Marquez v. Varela, 92 Phil. 373).

4. What is splitting of cause of action?

It is the splitting or dividing a claim or demand into two or more parts and
bringing suit for each of these parts.

It is the act of instituting two or more suits on the basis of the same cause
of action (Sec. 4, Rule 2).

It is the act of dividing a single or indivisible cause of action into several

parts or claims and bringing several actions thereon (Riano 2014, citing
Quadra v. Court of Appeals, G.R. No. 147593, July 31, 2006).

5. When is splitting a cause of action allowed?

The rule is that a party may not institute more than one suit for a single
cause of action.

If two or more suits are instituted on the basis of the same cause of action,
the filing of one or a judgment upon the merits in any one is available as a
ground for the dismissal of the others. (Rule 2, Secs. 3&4)

6. What is the effect if a cause of action is split?

If two or more suits are instituted on the basis of the same cause of action,
the filing of one or a judgment upon the merits in any one is available as a
ground for the dismissal of the others. (Rule 2, Secs 4)

7. What is a joinder of causes of action?

 It is the assertion of as many causes of action a party may have against
another in one pleading alone (Sec. 5, Rule 2)

A joinder of causes of action is the uniting of two or more demands or

rights of action in a complaint.

8. When is a joinder of action is allowed?

A party may in one pleading assert, in the alternative or otherwise, as
many causes of action as he may have against an opposing party, subject
to the following conditions:

a) The party joining the causes of action shall comply with the rules on
joinder of parties;
b) The joinder shall not include special civil actions 
governed by special
rules; 

c) Where the causes of action are between the same 
parties but pertain to
different venues or jurisdictions, the joinder may be allowed in the
Regional Trial Court provided one of the causes of action falls within the
jurisdiction of said court and venue lies therein; and 

d) Where claims in all causes of action are principally for recovery of money,
the aggregate amount claimed shall be the test for jurisdiction (Sec. 5,
Rule 2) 


9. Why is a joinder of causes of action allowed?

A joinder of causes of action is only permissive not compulsory; hence a

party may desire to file a single suit for each of his claims.

It is encouraged. There is no sanction against non-joinder of separate

causes of action since a plaintiff needs only a single cause of action to
maintain an action.

Unlike in splitting of cause of action, joinder of cause of action minimizes

multiplicity of suits and inconvenience on the parties.

III. Determining compliance with conditions precedent

1. What is a condition precedent to the filing of a complaint?

It refers to matters which must be complied with before a cause of action arises
(Riano, 2014).

2. Give five examples of condition precedent?

 Fraud, Mistake, Malice, Intent, Knowledge and other condition of the mind,
judgments, official documents or acts.

3. What actions may not require referral to barangay conciliation?

Direct filing of an action in court is allowed notwithstanding the fact that said action falls
within the authority of the lupong tagapamayapa

 Where one party is the government, or any subdivision or

instrumentality thereof (Sec. 408(a), R.A. 7160); 


 Where one party is a public officer or employee, and the dispute

relates to the performance of his official functions (Sec. 408(b), R.A.
7160); 


 Where the dispute involves real properties located in different cities

and municipalities, unless the parties thereto agree to submit their
difference to amicable settlement by an appropriate Lupon (Sec.
408(e), R.A. 7160); 


 Any complaint by or against corporations, partnerships or juridical

entities, since only individuals shall be parties to Barangay conciliation
proceedings either as complainants or respondents (Sec. 1, Rule VI,
Katarungang Pambarangay Rules); 


 Disputes involving parties who actually reside in barangays of

different cities or municipalities, except where such barangay units
adjoin each other and the parties thereto agree to submit their
differences to amicable settlement by an appropriate Lupon (Sec.
408(f), R.A. 7160); 


 Offenses for which the law prescribes a maximum penalty of

imprisonment exceeding 1 year or a fine over Php 5,000.00; 


 Offenses where there is no private offended party (Sec. 408(d), R.A.

7160); 


 Disputes where urgent legal action is necessary to prevent injustice

from being committed or further continued, specifically the following:

o Criminal cases where accused is under police custody or

detention (Sec. 412 (b)(1), Revised Katarungang Pambarangay
Law); 


o Petitions for habeas corpus by a person illegally deprived of his

rightful custody over another or a person illegally deprived of
his liberty or one acting in his behalf (Sec. 412(b)(2), R.A.
 7160); 


o Actions coupled with provisional remedies such as preliminary

injunction, attachment, delivery of personal property and
support during the 
pendency of the action; and

o Actions which may be barred by the Statute of Limitations

(Sec. 412(b)(4), R.A. 7160).
 Any class of disputes which the President may determine in the interest of
justice or upon the recommendation of the Secretary of Justice (Sec. 
408(g),
R.A. 7160); 

 Where the dispute arises from the Comprehensive 
Agrarian Reform Law
(CARL) (Secs. 46 & 47, R.A. 
6657); 

 Labor disputes or controversies arising from 
employer-employee relations
(Montoya vs. Escayo, et al., 171 SCRA 442; Art. 226, LC, as amended, which
grants original and exclusive jurisdiction over conciliation and mediation of
disputes, grievances or problems to certain offices of the Department of Labor
and Employment); 

 Actions to annul judgment upon a compromise, which may be filed directly in
court (Sanchez v. Tupaz, 158 SCRA 459; SC AC 14-93). 


NOTE: In conciliation among members of indigenous cultural communities, their

customs and traditions shall be applied in settling disputes between members of the
cultural communities (Sec. 412, RA 7160).

4. What may the court do if an action is filed without referral for barangay
conciliation?

Katarungan Pambarangay provides for the settlement of disputes between

individual residents of the same city or municipality, thru mediation, arbitration, or
conciliation, before the Katarungang Pambarangay. Compliance therewith is a
condition precedent to the filing of a complaint or information in court or before
the Fiscal’s Office, and its absence is a ground for dismissal of the complaint for
prematurity or absence of a cause of action (Albano, 2010).

5. When is an arbitration agreement deemed a condition precedent?

Barangay Conciliation as Condition Precedent: Compliance of the same must be
alleged in the pleading. Failure to resort to conciliation is an independent ground
for a motion to dismiss (Riano, 2009).