This case has been cited 1 times or more.
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2006-06-20 |
AUSTRIA-MARTINEZ, J. |
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| Undeniably, petitioners committed mistakes in not filing a motion for reconsideration of the Order dated August 6, 1996; in not filing a petition for certiorari in due time from said arbitrary order; and in not filing the petition for relief from judgment in the same cause between the same parties,[24] that is, in Civil Cases Nos. 1942 and 1950. But should the void order be upheld or considered unassailable because of the failure of petitioners to observe certain procedural rules to correct the arbitrary exercise of jurisdiction by the RTC? The answer is a resounding negative. The facts obtaining in Buan v. Court of Appeals,[25] are analogous to this case, to wit: In the civil action for sum of money between the La Torre spouses and G.L. Mejia Enterprises, Inc., the judgment award in favor of the former amounted to a total sum of P20,729.00 exclusive of legal interest. It is undisputed that pursuant to the writ of execution issued by the court, two parcels of land then registered in the name of the judgment debtor were levied upon, the first one covered by TCT No. 21846 having been sold that the auction sale to the La Torre spouses themselves for P33,958.54. It is therefore mathematically conclusive that by reason of this sale, the judgment award in favor of the La Torre spouses in the total sum of P20,729.00 had already been satisfied in full. Correspondingly, the notice of levy annotated on the other parcel of land now covered by TCT No. 60152 should have been cancelled. | |||||