Luzon Surety Company, Inc. vs. I. A. Court, et al.

LUZON SURETY COMPANY, INC., petitioner, vs. INTERMEDIATE APPELLATE COURT, and EUGENIA G. PUYAT, GIL G. PUYAT, JR., ANTONIO G. PUYAT, VICENTE G. PUYAT, VICTOR G. PUYAT, JESUS-PUYAT-CONCEPCION, ALFONSO G. PUYAT, and EUGENIA PUYAT-JOSON, respondents.

G.R. No. 72645 | 1987-06-30

Execution of judgment, prescription of an action is not counted from the expiration of the 5 year period within which the judgment may be enforced by a mere motion but from the finality of judgment
Execution of judgment, 10-year prescriptive period for enforcing judgment by action commences from the finality of the original judgment

D E C I S I O N

GUTIERREZ, JR., J.:

This is a petition for review of the decision and resolution of the then Intermediate Appellate Court, now the Court of Appeals, in AC-G.R. No. 03693, which respectively dismissed the petitioner's appeal by ruling that the prescription of an action is not counted from the expiration of the five-year period within which the judgment may be enforced by a mere motion but from the finality of that judgment and denied the motion for reconsideration.

The facts of the case are not in dispute and are briefly summarized by the appellate court as follows:

"In Civil Case No. 59506 of the Court of First...