Title
Codesal vs. Ascue
Case
G.R. No. 11403
Decision Date
Oct 28, 1918
The Supreme Court upholds a lower court's injunction, stating that a sheriff cannot attach property belonging to someone other than the judgment debtor.
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Case Digest (G.R. No. 11403)

Facts:

  • Santiago Codesal and Aquilina Ocampo are the plaintiffs and appellees.
  • Romana Ascue is the defendant and appellant, acting as the administratrix of the estate of the deceased Pedro Martinez.
  • Ascue initiated a legal action in the Court of First Instance of Manila (cause No. 7373) against Matias Caoibes and others to recover a sum of money.
  • A judgment was rendered in favor of Ascue, leading to an execution placed in the sheriff's hands.
  • The sheriff, following Ascue's direction, attached a parcel of land owned by the plaintiffs.
  • Codesal and Ocampo notified the sheriff of their ownership of the land, complying with legal requirements.
  • Despite the notification, the sheriff intended to sell the property under execution due to Ascue's bond.
  • The plaintiffs filed an action to enjoin the sheriff from proceeding with the sale.
  • The Court of First Instance granted a temporary injunction, which became final after hearing both parties.
  • Ascue appealed, questioning the sufficiency of facts for the injunction and the ownership of the land.

Issue:

  • (Unlock)

Ruling:

  • The court ruled in favor of the plaintiffs on both issues.
  • It affirmed the lower court's decision that the facts justified granting both a preliminary and a final injunction.
  • The court conc...(Unlock)

Ratio:

  • The court reasoned that a sheriff cannot attach or sell property not belonging to the judgment debtor.
  • It cited Section 164 of Act No. 190, allowing for an injunction when a sheriff threatens to sell one person's property to sati...continue reading

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