This case has been cited 2 times or more.
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2012-09-10 |
PERLAS-BERNABE, J. |
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| In National Power Corporation v. Gonong,[16] the Court explained: [E]xecution may issue against such person or entity only upon an incontrovertible showing that the person or entity in fact holds property belonging to the judgment debtor or is indeed a debtor of said judgment debtor, i.e., that such holding of property, or the indebtedness, is not denied. In the event of such a denial, it is not, to repeat, within the judge's power to order delivery of property allegedly belonging to the judgment debtor or the payment of the alleged debt. A contrary rule would allow a court to adjudge substantive liability in a summary proceeding, incidental merely to the process of executing a judgment, rather than in a trial on the merits, to be held only after the party sought to be made liable has been properly summoned and accorded full opportunity to file the pleadings permitted by the Rules in ventilation of his side. This would amount to a denial of due process of law. [Emphasis and underscoring supplied] | |||||
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2006-07-20 |
CALLEJO, SR., J. |
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| After the records were remanded to the trial court, plaintiff moved for the issuance of a writ of execution. The trial court granted the motion on October 19, 2000, and a Writ of Execution was issued on November 7, 2000.[11] The Sheriff levied on the property covered by TCT No. 87140[12] and caused its sale at public auction at 10:00 a.m. on December 20, 2000. Elizabeth did not attend the public auction sale nor oppose the same. | |||||