Title
Aldeguer vs. Gemelo
Case
G.R. No. 46045
Decision Date
Jul 31, 1939
Ernesto Aldeguer sought to enforce a judgment against Vicente Gemelo in Iloilo court, joining Martin Gemelo, raising jurisdiction, joinder, and counterclaim issues; Supreme Court upheld Iloilo jurisdiction, ruled improper joinder, and reserved counterclaim rights.
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Case Digest (G.R. No. 46045)

Facts:

  1. Judgment for Damages: The case involves the execution of a judgment for damages rendered by the Court of First Instance of Occidental Negros against Vicente Gemelo.
  2. Action for Execution: The plaintiff, Ernesto Aldeguer, filed an action for the execution of the judgment in the Court of First Instance of Iloilo, joining Martin Gemelo as a defendant despite the judgment being solely against Vicente Gemelo.
  3. Counterclaim: The defendants filed a counterclaim, which was overruled by the lower court.
  4. Jurisdictional Issue: The primary legal issue raised by the defendants was whether the Court of First Instance of Iloilo had jurisdiction to enforce a judgment rendered by the Court of First Instance of Occidental Negros.
  5. Time Lapse: The judgment sought to be enforced was rendered more than five years prior to the action for execution.

Issue:

  1. Jurisdiction: Whether the Court of First Instance of Iloilo had jurisdiction to enforce a judgment rendered by the Court of First Instance of Occidental Negros.
  2. Joinder of Martin Gemelo: Whether Martin Gemelo was properly joined as a defendant in the action for execution, given that the judgment was solely against Vicente Gemelo.
  3. Counterclaim: Whether the lower court erred in overruling the defendants' counterclaim.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Dissent

Justice Imperial dissented, arguing that actions for the enforcement of judgments should be brought in the court where the judgment was rendered, regardless of whether the action is personal or real. He believed that this would provide uniformity and clarity in the enforcement of judgments.


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