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VVocatus · Bar Exam Practice

Remedial Law, 2019 Bar — Question A.4

Remedial Law
2019 BarRemedial LawQ. A.4

ESSAY

Mrs. E filed a complaint for sum of money against Mr. F in the amount of P1,000,000.00 before the Regional Trial Court (RTC). After due proceedings, the RTC ruled in favor of Mrs. E, and since no appeal was interposed thereto, the ruling became final and executory as evinced by an Entry of Judgment dated July 2, 2012. However, Mrs. E was unable to immediately move for the execution of said judgment because she had a work engagement overseas. On June 29, 2017, Mrs. E returned to the country and, on the same day, filed a motion for the issuance of a writ of execution before the RTC. On July 7, 2017, the RTC granted the motion, and consequently, issued a writ of execution in Mrs. E’s favor. Was the RTC’s issuance of the writ of execution procedurally infirm? Explain.

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