RIZAL COMMERCIAL BANKING CORPORATION v. FEDERICO A. SERRA, G.R. No. 203241, July 10, 2013

Civil procedure; Exception to five-year period to move for execution of judgment. The Rules of Court provide that a final and executory judgment may be executed by motion within five years from the date of its entry or by an action after the lapse of five years and before prescription sets in. This Court, however, allows exceptions when execution may be made by motion even after the lapse of five years. These exceptions have one common denominator: the delay is caused or occasioned by actions of the judgment obligor and/or is incurred for his benefit or advantage.

In Camacho v. Court of Appeals, we held that where the delays were occasioned by the judgment debtor’s own initiatives and for her advantage as well as beyond the judgment creditor’s control, the five-year period allowed for enforcement of the judgment by motion is deemed to have been effectively interrupted or suspended.

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