This case has been cited 2 times or more.
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2007-06-08 |
VELASCO, JR., J. |
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| It is for this reason that respondent cannot ask for a writ of execution from the trial court where the complaint was originally instituted as said court has no jurisdiction over the person of petitioner. Even if a writ is issued, it should conform to the judgment, and the fallo of the CA Decision does not impose the duty or obligation on the part of petitioner to accept the payment from respondent. It is the settled doctrine that a writ of execution must conform to the judgment and if it is different from or exceeds the terms of the judgment, then it is a nullity.[36] | |||||
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2007-06-08 |
VELASCO, JR., J. |
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| It is for this reason that respondent cannot ask for a writ of execution from the trial court where the complaint was originally instituted as said court has no jurisdiction over the person of petitioner. Even if a writ is issued, it should conform to the judgment, and the fallo of the CA Decision does not impose the duty or obligation on the part of petitioner to accept the payment from respondent. It is the settled doctrine that a writ of execution must conform to the judgment and if it is different from or exceeds the terms of the judgment, then it is a nullity.[36] | |||||