Facts:

• Petitioner, Marcela Sabulao Vda. de Decena, is the mother of the defendant in Civil Case No. Q-5123 entitled "People's Homesite & Housing Corporation vs. Joaquin Decena" for ejectment.
• The court rendered a decision in favor of the plaintiff, ordering the defendant to vacate the premises and pay monthly rent.
• The decision became final on July 14, 1961.
• After more than five years, on June 24, 1968, the court issued a demolition order to enforce the judgment.
• The petitioner argued that the order was void because she was not a party to the original case and the court no longer had jurisdiction to execute the dormant judgment upon mere motion.
• The petitioner also claimed that the order was issued after the expiration of the five-year period from the final judgment.

Issue:

• (Unlock)

Ruling:

• The demolition order is v...(Unlock)

Ratio:

• The order was issued after the expiration of the five-year period and the court no longer had jurisdiction to execute the judgment.
• Under the Rules of Court, the plaintiff must institute a new action to revive the judgment, not execute it upon mere motion.
• Failure to object to a writ of execution issued after five years does not validate it.
• The action to revive the judgment prescribed in ten years from the date the judgme...continue reading