Zenhashy's Place

PABLITO TANEO, JR., JOSE TANEO, NENA T. CATUBIG and HUSBAND, CILIA T. MORING and HUSBAND vs. COURT OF APPEALS and ABDON GILIG G.R. No. 108532 March 9, 1999 Facts:           As a result of a judgment in Civil Case No. 590 (for recovery of property) in favor of private respondent, two (2) of petitioners' properties were levied to satisfy the judgment amount of about P5,000.00: one was a parcel of land located in Barrio Igpit, Municipality of Opol, Misamis Oriental with an area of about five (5) hectares, and the other was the family home also located at Igpit, Opol, Misamis Oriental. The subject properties were sold at public auction on February 12, 1966 to the private respondent as the highest bidder. Consequently, after petitioners' failure to redeem the same, a final deed of conveyance was executed on February 9, 1968, definitely selling, transferring, and conveying said properties to the private respondent.    ...

FLORANTE F. MANACOP vs. COURT OF APPEALS and E & L MERCANTILE, INC., G.R. No. 97898 August 11, 1997 Facts:           Petitioner Florante F. Manacop and his wife Eulaceli purchased on March 10, 1972 a residential lot with a bungalow, in consideration of P75,000.00. On March 17, 1986, Private Respondent E & L Merchantile, Inc. filed a complaint against petitioner and F.F. Manacop Construction Co., Inc. before the Regional Trial Court of Pasig, Metro Manila to collect an indebtedness of P3,359,218.45. Instead of filing an answer, petitioner and his company entered into a compromise agreement with private respondent, the salient portion of which provides: That defendants will undertake to pay the amount of P2,000,000.00 as and when their means permit, but expeditiously as possible as their collectibles will be collected. On April 20, 1986, the trial court rendered judgment approving the aforementioned compromise agreement. It en...

MARY JOSEPHINE GOMEZ and EUGENIA SOCORRO C. GOMEZ-SALCEDO vs. ROEL, NOEL and JANNETTE BEVERLY STA. INES and HINAHON STA. INES G.R. No. 132537 October 14, 2005 Facts:           Purificacion dela Cruz Gomez (deceased), mother of Mary Josephine C. Gomez and Eugenia Socorro C. Gomez-Salcedo, entrusted rice land in Nueva Vizcaya to Marietta dela Cruz Sta. Ines. Josephine and Socorro demanded for an accounting of the produce of said rice lands while under the management of Marietta and for the return of the Transfer Certificate Title (TCT) of the property.           Trial court rendered judgment against Marietta and ordered her to deliver the owner’s copy of the TCT and pay damages. In order to satisfy damages, a writ of execution was issued, by virtue of which, a parcel of land in Nueva Vizcaya registered in Marietta’s name was sold at a public auction wherein Josephine was the highest ...

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...

JOSE MODEQUILLO vs. HON. AUGUSTO V. BREVA FRANCISCO SALINAS, G.R. No. 86355 May 31, 1990 Facts:           The sheriff levied on a parcel of residential land located at Poblacion Malalag, Davao del Sur on July 1988, registered in the name of Jose Mondequillo and a parcel of agricultural land located at Dalagbong Bulacan, Malalag, Davao del Sur also registered in the latter’s name.  A motion to quash was filed by the petitioner alleging that the residential land is where the family home is built since 1969 prior the commencement of this case and as such is exempt from execution, forced sale or attachment under Article 152 and 153 except for liabilities mentioned in Article 155 thereof, and that the judgment sought to be enforced against the family home is not one of those enumerated.  With regard to the agricultural land, it is alleged that it is still part of the public land and the transfer in his favor by the original pos...

JUANITA TRINIDAD RAMOS vs. DANILO PANGILINAN G.R. No. 185920 July 20, 2010 Facts:           Respondents filed a complaint for illegal dismissal against E.M. Ramos Electric, Inc., a company owned by Ernesto M. Ramos, the patriarch of herein petitioners. The labor arbiter ordered Ramos and the company to pay the respondents’ back-wages, separation pay, 13th month pay & service incentive leave pay. The decision became final and executory so a writ of execution was issued which the Deputy Sheriff of the National Labor Relations Commission (NLRC) implemented by levying a property in Ramos’ name situated in Pandacan.                     Alleging that the Pandacan property was the family home, hence, exempt from execution to satisfy the judgment award, Ramos and the company moved to quash the writ of execution. Respondents argued that it is not th...