Zenhashy's Place

SPOUSES AUTHER G. KELLEY, JR. and DORIS A. KELLEY vs. PLANTERS PRODUCTS, INC. and JORGE A. RAGUTANA, G.R. No. 172263 July 9, 2008 Facts:           Petitioner Auther G. Kelley, Jr. (Auther) acquired agricultural chemical products on consignment from respondent Planters Products, Inc. (PPI) in 1989. Due to Auther’s failure to pay despite demand, PPI filed an action for sum of money against him in the Regional Trial Court of Makati City. After trial on the merits, the RTC Makati City decided in favor of PPI and issued a writ of execution. After being belatedly informed of the said sale, petitioners Auther and his wife Doris A. Kelley filed a motion to dissolve or set aside the notice of levy in the RTC Makati City on the ground that the subject property was their family home which was exempt from execution. Issue:           Whether or not the subject property is the family home of the petiti...

ALBINO JOSEF vs. OTELIO SANTOS G.R. No. 165060 November 27, 2008 Facts:           In Civil Case No. 95-110-MK, Petitioner Albino Josef was the defendant, which is a case for collection of sum of money filed by herein respondent Otelio Santos, who claimed that petitioner failed to pay the shoe materials which he bought on credit from respondent on various dates in 1994. After trial, the Regional Trial Court of Marikina City found petitioner liable to respondent. Petitioner appealed to the Court of Appeals, which affirmed the trial court’s decision in Toto. Petitioner filed before this Court a petition for review on certiorari, but it was dismissed in a Resolution dated February 18, 2002. The Judgment became final and executory on May 21, 2002.           A writ of execution was issued on August 20, 2003 and enforced on August 21, 2003. On August 29, 2003, certain personal properties subj...