Facts:

The case involves Far Eastern Surety & Insurance Company, Inc. as the plaintiff-appellee and Virginia D. Vda. de Hernandez, along with co-defendants Jose Abel, Vicente Santos, and Matias Costelo, as the defendants, with Virginia D. Vda. de Hernandez serving as the defendant-appellant. The events leading to this case began with a judgment rendered by the Court of First Instance of Manila in Civil Case No. 48670. On June 4, 1965, the court granted an ex-parte motion for the execution of the judgment, which prompted the defendant-appellant to file a motion for reconsideration on June 9, 1965. She argued that the order should be set for hearing after proper notice was served to her, as mandated by Section 6 of Rule 15 of the Revised Rules of Court. The court denied her motion for reconsideration on June 29, 1965, citing a lack of merit. Subsequently, on July 28, 1965, the defendant-appellant appealed the orders of June 4 and June 29, 1965, to the Court of Appeals, which was r...

Facts:

1. Background of the Case:
   The case involves an appeal from the order of the Court of First Instance of Manila dated June 4, 1965, granting an ex-parte motion for execution of a judgment in Civil Case No. 48670. The defendant-appellant, Virginia D. Vda. De Hernandez, received a copy of the order granting the writ of execution on June 7, 1965, and filed a motion for reconsideration on June 9, 1965, arguing that the order should be set aside and a hearing should be held after proper notice.

2. Procedural History:

   • On July 7, 1965, the defendant-appellant received an order dated June 29, 1965, denying her motion for reconsideration.
   • On July 28, 1965, she appealed the orders of June 4 and 29, 1965, to the Court of Appeals, which was docketed as CA-G.R. No. 36391-R.
   • The Court of Appeals later transmitted the case to the Supreme Court for resolution, as the issue raised was purely a question of law.

3. Key Issue:
   The primary legal question was whether the absence of prior notice of an application for the issuance of a writ of execution on a final and executory judgment, without any showing of prejudice to the other party, renders the execution and subsequent proceedings void.

Issue:

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Ruling:

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Ratio:

1. Final and Executory Judgment:
   Once a judgment becomes final and executory, the prevailing party has the right to have it executed as a matter of course. The court’s duty to issue the writ is ministerial, and no prior notice to the judgment debtor is required unless specifically mandated by law.

2. Notice Requirement:
   Under Section 1 of Rule 39 of the Revised Rules of Court, a writ of execution may be issued as a matter of right upon a final and executory judgment. The rule does not require prior notice to the defeated party for the issuance of such a writ.

3. Due Process:
   The constitutional guarantee of due process does not require that a judgment debtor be given advance notice of an application for execution of a final judgment. The defendant-appellant had already been given the opportunity to be heard during the litigation, and the issuance of the writ of execution was a procedural step to enforce the judgment.

4. Prejudice Not Shown:
   The defendant-appellant failed to demonstrate how she was prejudiced by the lack of prior notice. Since the judgment was final and executory, the court’s issuance of the writ was proper, and no further hearing was necessary.

5. Judicial Efficiency:
   The Court emphasized that allowing appeals or objections to the execution of final judgments would lead to endless litigation, undermining the finality of judgments and the efficiency of the judicial process.

Conclusion:

The Supreme Court ruled that the ex-parte motion for execution was correctly granted, as the judgment was final and executory, and the issuance of the writ was a ministerial duty of the court. The absence of prior notice did not violate due process, and the defendant-appellant failed to show any prejudice. The appealed order was affirmed, with costs against the defendant-appellant.