004 Gutierrez Hermanos vs De la Riva 46 Phil 827 1923

Subject Matter: definition of action includes filing of complainant for execution of judgment or order of
the court.

Facts: Guttierez Hermanos (GH), the petitioner-plaintiff won a case of collection of sum of money against
Dela Riva,(DR) the respondent-defendant. The SC promulgated the case on January 12, 1909 and the
notice of decision was received by the parties the following day. The record was returned to CFI-Manila
the court-a-quo, on January 15, 1909. However, only in February 3, 1909 had the clerk of court of CFI-
Manila entered the judgment of the Court. In February 24, 1914, GH filed for modification of the award
of the Jan1909 –judgment. March 19, 1918 having not received payment from DR, a writ of execution
was issued and son on November 5, 1918. By February 15, 1922, GH brought suit against DR demand for
revival of judgment for the giving effect thereof. DR in answer alleged that prescription under Statute of
Limitations has settled against GH, since the subject judgment, its execution having prescribed in January
12, 1919, the promulgation of judgment. However, GH argued the reckoning must start from February 24,
1914.

Issues: What is the meaning of action under the Rules of Court?

Ruling:

The word action has many meanings among which is included not only the bringing of a suit in court, but
also the claiming of a right one may have, such as the right to have an execution issued upon a favorable
judgment.

The true and legally effective judgment is the one entered by the clerk of the Supreme Court on February
3, 1909. And from this date the five years mentioned in section 443 of the Code of Civil Procedure must
be, and are computed. Therefore the writs of execution issued in the year 1918 were issued long after the
period of five years fixed by the legal provision just quoted and consequently they have no legal effect.

The right of said winning party to enforce the judgment against the defeated party, begins to exist the
moment the judgment is final; and this right, according to our Code of Procedure, consists in having an
execution of the judgment issued during the first five years next following, and in commencing after that
period the proceeding provided in section 447 to revive it, and this latter remedy can be pursued only
before the judgment prescribed, that is to say, during the five years next following