Case Digest (G.R. No. L-15709)
Facts:
- Case of In re Cajefe v. Fernandez, G.R. No. L-15709, decided on October 19, 1960
- Complaint for forcible entry filed by Mariano Cojuangco against Eugenio Bardaje, Cecilio Cajefe, and Damasino Cajefe in the Justice of the Peace Court of Santa Rita, Samar
- Plaintiff requested a writ of preliminary injunction to be placed in possession of the disputed land, which was granted upon posting a bond
- Defendants filed a counterbond with sureties
- Justice of the Peace Court rendered a judgment in favor of the plaintiff, ordering the defendants to restore possession of the land and pay damages
- Defendants appealed to the Court of First Instance, and the judgment was affirmed
- Judgment became final and executory
- Plaintiff moved for execution of the judgment
- Provincial sheriff issued an order of execution against the counterbond posted by the defendants
- Execution sale of the sureties' properties took place
Issue:
- (Unlock)
Ruling:
- The writ of execution and execution sale are n...(Unlock)
Ratio:
- The writ of execution was issued without notice to the defendants' sureties and after the judgment had already become final and executory
- Cited the case of Alliance Insurance & Surety Co. vs. Piccio, which held that a claim for damages against a surety should be included in the final judgment, and notice to the surety should be given before the trial or, at the latest, before entry of final judgment
- Since the writ of execution against the surety's bond was null and void, the execution sale conducted by the provincial sheriff was also completely null and void
- The court considered the petition for prohibition as a petition for certiorari...continue reading
Case Digest (G.R. No. L-15709)
Facts:
The case of In re Cajefe v. Fernandez involves a petition for prohibition filed by Damaso Cajefe, Cecilio Cajefe, and others against Judge Fidel Fernandez, Mariano Cojuangco, and the Provincial Sheriff. The case was filed in the Court of First Instance in Catbalogan, Samar. The petitioners sought to prohibit the execution of a counterbond without notice to the sureties.
On June 10, 1957, Mariano Cojuangco filed a complaint for forcible entry against Eugenio Bardaje, Cecilio Cajefe, and Damasino Cajefe in the Justice of the Peace Court of Santa Rita, Samar. During the case, Cojuangco requested a writ of preliminary injunction to be placed in possession of the disputed land. The defendants filed a counterbond with Bernardo Orosa and Feliciana Bardaje as bondsmen. The writ of preliminary injunction was lifted, and the defendants remained in possession of the land.
On September 26, 1957, the Justice of the Peace Court rendered a judgment in favor of Cojuangco, ordering the defendants to restore possession of the land and pay damages and attorney's fees. The defendants appealed to the Court of First Instance, and the judgment was affirmed. The defendants received a copy of the decision but did not appeal.
On July 12, 1958, Cojuangco moved for the execution of the judgment, and an order of execution was issued. When the provincial sheriff could not find sufficient properties of the defendants to satisfy the judgment, Cojuangco filed a petition for execution against the counterbond. T...