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Showing posts with the label G.R. No. 172263 July 9

KELLEY VS PLANTERS PRODUCT

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...