Five-Year Period to Execute thru Motion

Respondent’s motion for execution was filed only on June 14, 2005, or six years and nine months from entry of judgment. It was clearly beyond the five-year period but within the ten-year prescriptive period. We have, at various occasions, allowed a mere motion for execution even if filed beyond the five-year period, for reasons of equity. We apply the same liberality in this case in view of the peculiar situation in this case. (PVB v. Solid Homes, G.R. No. 170126, June 9, 2009)