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HUERTA ALBA RESORT v. CA

This case has been cited 8 times or more.

	GR No. 188360 2010-01-21	SPS. HEBER v. SPS. NORBERTO BRION, J.
Litigation must at some time end, even at the risk of occasional errors. Public policy dictates that once a judgment becomes final, executory and unappealable, the prevailing party should not be denied the fruits of his victory by some subterfuge devised by the losing party. Unjustified delay in the enforcement of a judgment sets at naught the role and purpose of the courts to resolve justiciable controversies with finality.[43]
	GR No. 149548 2009-12-04	ROXAS v. DAMBA-NFSW CARPIO MORALES, J.
Litigation must at some time be terminated, even at the risk of occasional errors. Public policy dictates that once a judgment becomes final, executory and unappealable, the prevailing party should not be denied the fruits of his victory by some subterfuge devised by the losing party. Unjustified delay in the enforcement of a judgment sets at naught the role of courts in disposing justiciable controversies with finality.[73]
	GR No. 169541 2009-10-09	GERMAN CAYTON v. ZEONNIX TRADING CORPORATION NACHURA, J.
Right of redemption is the prerogative to reacquire a mortgaged property after registration of the foreclosure sale. It exists only in the case of the extrajudicial foreclosure of the mortgage. No such right is recognized in a judicial foreclosure unless the mortgagee is a bank.[27] An attaching creditor acquires the right to redeem the debtor's attached property subsequently foreclosed extra-judicially by a third party.
	GR No. 169541 2009-10-09	GERMAN CAYTON v. ZEONNIX TRADING CORPORATION NACHURA, J.
Right of redemption is the prerogative to reacquire a mortgaged property after registration of the foreclosure sale. It exists only in the case of the extrajudicial foreclosure of the mortgage. No such right is recognized in a judicial foreclosure unless the mortgagee is a bank.[27] An attaching creditor acquires the right to redeem the debtor's attached property subsequently foreclosed extra-judicially by a third party.
	GR NO. 164529 2007-06-19	FELIX DE GUZMAN OCAMPO v. ALICIA SISON VDA. DE FERNANDEZ CHICO-NAZARIO, J.
Resultantly, the implementation and execution of judgments that had attained finality are already ministerial on the courts. Public policy also dictates that once a judgment becomes final, executory, and unappealable, the prevailing party should not be denied the fruits of his victory by some subterfuge devised by the losing party. Unjustified delay in the enforcement of a judgment sets at naught the role of courts in disposing justiciable controversies with finality.[34] Hence, once a judgment becomes final, the prevailing party is entitled as a matter of right to a writ of execution, the issuance of which is the trial court's ministerial duty.[35]
	GR No. 154614 2004-11-25	CITY OF ILOILO v. JUDGE EMILIO LEGASPI CHICO-NAZARIO, J.
First, estoppel may be successfully invoked only if the party fails to raise the question in the early stages of the proceedings.[37] In the case before us, petitioner, through its counsel, undeniably committed a mistake when it agreed that the resolution of its Motion for Issuance of Writ of Possession be made by public respondent after a hearing is conducted and after it has adduced its evidence. To remedy this, petitioner immediately filed a Motion for Reconsideration. The filing thereof was precisely for the purpose of rectifying the error it committed. With the timely filing of the motion for reconsideration, petitioner cannot be held in estoppel because it right away asked the court to nullify the agreement it entered into. The filing of the motion for reconsideration which was done at the earliest possible time clearly negates the presence of estoppel.
	GR No. 137792 2003-08-12	SPS. RICARDO ROSALES AND ERLINDA SIBUG v. SPS. ALFONSO AND LOURDES SUBA SANDOVAL-GUTIERREZ, J.
In Huerta Alba Resort, Inc. vs. Court of Appeals,[7] we held that the right of redemption is not recognized in a judicial foreclosure, thus:"The right of redemption in relation to a mortgage-understood in the sense of a prerogative to re-acquire mortgaged property after registration of the foreclosure sale-exists only in the case of the extrajudicial foreclosure of the mortgage. No such right is recognized in a judicial foreclosure except only where the mortgagee is the Philippine National bank or a bank or a banking institution.