Case Digest (G.R. No. L-4244)
Facts:
Rafael Molina y Salvador v. Antonio de la Riva et al., G.R. No. 4244, September 20, 1907, the Supreme Court, Willard, J., writing for the Court. The original action (reported as Molina v. De la Riva, 6 Phil. Rep. 12) resulted in a judgment for the plaintiff, Molina, against respondent De la Riva; that judgment was affirmed on appeal and the case was remanded for execution. After remand the plaintiff moved to have the sureties on De la Riva’s appeal bond, Somes and Spalding, cited to show cause why execution should not issue against them; the trial court found them liable and ordered execution against them. They appealed to this Court, which affirmed the order (reported as Molina v. De la Riva, 7 Phil. Rep. 345) and directed entry of judgment in accordance therewith; the case was remanded to the court below on February 6, 1907.Upon the return to the court below, an execution was directed on February 6; the defendant and the sureties moved for modification the same day, and the court granted modification on February 9. On February 26, upon Molina’s motion, the court vacated its modification and ordered execution to issue against the sureties as directed by this Court’s judgment. Somes and Spalding excepted to that order and on February 27 presented another motion asserting that acts of the creditor Molina had released them from liability under Article 1852 of the Civil Code; that motion was denied and they excepted to the denial.
Somes and Spalding then instituted a proceeding under Section 499 of the Code of Civil Procedure to compel the judge of the court below to sign a bill of exceptions containing the proceedings that occurred after the remand. This Court issued an order directing the lower court judge to state his reasons for refusing to sign the bill of exceptions. The j...(Pro-only)
Issues:
- Does an exception lie to an order of the court below directing execution of a final judgment such that this Court may review that order?
- May sureties, after final judgment and remand for execution, by motion or supplemental pleading present new issues of fact and law to avoid or defeat execution (including invoking release under Article 1852 of the Civil Code)?
- Were the reasons stated by the court below for refusing to sign the bill of exceptions sufficient to deny the sureties’ petition und...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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