Facts:

• Juan T. David filed a petition for certiorari with mandamus to compel Judge Lorenzo C. Garlitos of the Court of First Instance of Nueva Ecija to issue a writ of execution for a foreclosure judgment in his favor.
• The judgment was rendered in Civil Case No. 8726 on December 5, 1941.
• The case involved Kwong Ah Phoy & Co., Inc., a domestic corporation, which secured an overdraft accommodation from the Bank of the Philippine Islands.
• The corporation failed to pay its obligation, leading to the foreclosure of the mortgage.
• Juan T. David acquired the rights and interests in the judgment from the bank.
• Atty. Vicente Sotto later acquired all the rights and interests of the insolvent corporation and deposited the necessary amount to settle the approved claims against the insolvent.
• David refused to accept the payment and filed a petition for the sale of the mortgaged property.
• Atty. Vicente Sotto filed a case against David to compel him to receive the payment and execute a deed of cancellation of the mortgage.

Issue:

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Ruling:

• The court ruled in favor of Juan T. David and granted the petition.
• The court held that prescription of action to enforce a judgment can only operate when there is a right that is enforceable or when there is no legal impediment to its execution.
• In this case, despite having a final judgment in his favor, David failed to secure execution due to the refusal of the trial court and the existen...(Unlock)

Ratio:

• The court based its decision on Rule 39, section 6 of the Rules of Court, which states that a judgment may be executed on motion within five 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 court also considered the rule of prescription under Section 43 of the Code of Civil Procedure and Article 1144 of the new Civil Code, which provide that an act...continue reading