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Revival of Case

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1 Revival of Case on Mon Jul 29, 2013 10:29 am

advise_please2013


Arresto Mayor
Good Monday morning everyone.
My question for today is:
When is a case revived and who can revive it?
Thank you and more power.

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2 Re: Revival of Case on Mon Jul 29, 2013 2:57 pm

shad_marasigan


Reclusion Perpetua
Any party in interest and predecessor-party in interest.

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3 Re: Revival of Case on Mon Jul 29, 2013 3:10 pm

advise_please2013


Arresto Mayor
Thank you very much.

My follow up question is: Will there be any possible changes to the Judgment during the revival or is it just a form of renewal so that the party with obligation (in our case A Compromise Agreement) can comply?

Salamat po.

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4 Re: Revival of Case on Thu Aug 01, 2013 1:31 pm

shad_marasigan


Reclusion Perpetua
You have the right to re-open the case if you have been injured or about to be injured by the decision. The judgement will stand on the facts stipulated accordingly.

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5 Re: Revival of Case on Sun Aug 04, 2013 3:45 am

advise_please2013


Arresto Mayor
The case has Judgment based on a Compromise Agreement, Atty. Shad.
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So, if it has reached another five year cut-off sort of state, does it mean that the Judgment will be changed (so long as the injured party have additional demands)?

-

Moreover;


My case is like this:

My father and his first wife didn't have children. My mom who was his second wife had two children: me and my younger sister.

There was Judgment based on a Compromise Agreement prior of which had a Decision from the Supreme Court already stating that my father's heirs (my mom, my sister and me) will receive 3/4 of every property and 1/4 for the siblings of my father's first wife.

All properties are under the name of my father and his first wife (both deceased). My mom passed away recently too.

My question is:

Should both sides' heirs (my father's first wife and us, the heirs of my father) agree on an Extrajudicial Partition before my sister and I can partition the property as our father's heirs?

Please help.

Thank you.

Grace

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6 Re: Revival of Case Today at 8:36 pm

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