PNB v. Bondoc Digest

Philippine National Bank v. Bondoc July 30, 1965 Facts: - In the first civil case, PNB (plaintiff-appellant) (plaintiff-appellant) obtained a judgment from the CFI anila on !une "#, $#%# against !oa&uin Bondoc (defendant-appellee) (defendant-appellee) for an unpaid promissor' promissor' note ith the amount of P$,"*#+ plus interest (. per annum computed from !une /, $#%#) and att'0s fees+ 1oever, the judgment as not e2ecuted+ - 3fter 4 'ears and upon the instance of PNB, the judgment (from the first civil case) as revived on Februar' ", $#4 becoming the second civil case+ 5he CFI anila condemned Bondoc to pa' PNB the amount of P$,*%$+% plus . interest+ 1oever, the judgment still as not enforced during the five 'ears after that time+ - 6pon the third civil case, on !une , $#", PNB instituted in the CFI anila the enforcement of the judgment rendered under the second civil case+ 1oever, the defendant filed a motion to dismiss (to revive the judgment) on the ground of prescription and lac7 of  cause of action+ - 5he loer court ruled that the right to revive the judgment has alread' prescribed that more than $ 'ears has elapsed since it as first rendered on !une "#, $#%#+ It also ruled that the Ne Civil Code does not provide for the revival of a revived judgment+ ssue:

! 8hether or not defendant0s contention that $ 'ears has alread' elapsed since the first judgment became final hence, the action to enforce the judgment is alread' barred b' statute of limitations is on  point+ "ulin#: - 3 judgment is revived onl' hen the same cannot be enforced b' motion hich is after 4 'ears from the time it becomes final+ 3 revived judgment can be enforced b' motion ithin 4 'ears from its finalit'+ - 5he Court ruled ruled that the defendant defendant0s 0s contention contention is inconsis inconsistent tent  because reviving a previous judgment becomes a ne and different  judgment+  judgment+ 5he Court also added that there are / different cause of  actions in the / civil cases+ - 5he judgment in the second civil action (Februar' ", $#4) in hich it provided the cause of action in the case, as rendered on Februar' ", $#4 and became final in the same 'ear+ - Folloing the provision of 3rticle $$%% (/), it states that the right to enforce a judgment prescribes in $ 'ears counted from the date the  judgment becomes final+ In the case at bar, 5he action upon such  judgment must be brought brought ithin ithin $ 'ears from $#4 until $#+ 5he case as instituted on court on !une , $#" hich is ithin the  prescriptive  prescriptive period+ $oct%ine: $oct%ine: 5he right to enforce a judgment prescribes in $ 'ears counted from the date the judgment becomes final (3rt+ $$%% (/))+