This case has been cited 1 times or more.
|
2014-10-15 |
MENDOZA, J. |
||||
| From the aforecited provisions, it is clear that the sheriff shall demand from the judgment obligor the immediate payment in cash, certified bank check or any other mode of payment acceptable to the judgment obligee. If the judgment obligor cannot pay by these methods immediately or at once, he can exercise his option to choose which of his property can be levied upon. If he does not exercise this option immediately or when he is absent or cannot be located, he waives such right, and the sheriff can now first levy his personal properties, if any, and then the real properties if the personal properties are insufficient to answer for the judgment.[12] In this case, BOC exercised its option, although belatedly, by offering a parcel of land located in Paranaque City. The Court notes that a second petition for certiorari questioning the subject writ of execution was filed by BOC with the CA on November 8, 2010.[13] The said petition was dismissed in the CA Resolution promulgated on November 26, 2010. On December 9, 2010, BOC filed its motion for reconsideration. Pending resolution of the motion for reconsideration or on December 17, 2010, the notice of levy was served with BOC at its Lipa City Branch. BOC offered under protest its real property in Paranaque City to settle the judgment sum. The motion for reconsideration was, however, denied by the CA on February 9, 2011.[14] | |||||