Case Digest (G.R. No. L-49188) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
On November 8, 1967, Amelia Tan, trading as Able Printing Press, instituted Civil Case No. 71307 before the Court of First Instance (CFI) of Manila, Branch XIII, against Philippine Airlines, Inc. (PAL), alleging breach of contract and claiming damages. After trial Judge Jesus P. Morfe rendered judgment on June 29, 1972, ordering PAL to pay Tan ₱75,000.00 as actual damages, ₱18,200.00 representing unrealized profit, ₱20,000.00 as moral damages, and ₱5,000.00 for attorney’s fees, with costs, while dismissing other causes and counterclaims. PAL appealed to the Court of Appeals (CA) on July 28, 1972 (CA‐G.R. No. 51079-R), which on February 3, 1977 affirmed the judgment but reduced actual damages to ₱25,000.00 and maintained attorney’s fees at ₱5,000.00; its resolution of May 23, 1977 denied reconsideration, rendering the decision final and executory on May 31, 1977. The case was remanded for execution, and on October 11, 1977, the CFI issued the writ of execution to Deputy Sherif Case Digest (G.R. No. L-49188) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Origins and Trial Court Proceedings
- On November 8, 1967, Amelia Tan, under the style “Able Printing Press,” filed Civil Case No. 71307 against Philippine Airlines, Inc. (PAL) in the Court of First Instance (CFI) of Manila.
- On June 29, 1972, Branch 13 of the CFI rendered judgment in favor of Tan, awarding:
- Actual damages of ₱75,000 with legal interest from July 20, 1967;
- Unrealized profit of ₱18,200 (10% of contract price) with interest from July 20, 1967;
- Moral damages of ₱20,000 with interest from July 20, 1967;
- Attorney’s fees of ₱5,000.
- Appeal and Execution of Judgment
- PAL appealed to the Court of Appeals (CA-G.R. No. 51079-R). On February 3, 1977, the CA affirmed the judgment with modification: ₱25,000 damages and ₱5,000 attorney’s fees. Reconsideration was denied May 23, 1977, and the decision became final on May 31, 1977.
- On October 11, 1977, the CFI issued the original writ of execution; Deputy Sheriff Emilio Z. Reyes was tasked with enforcement.
- Attempts to Enforce and Alias Writ
- On February 11, 1978, Tan moved for an alias writ, alleging non-satisfaction of the judgment. PAL opposed, claiming full payment to Sheriff Reyes, supported by receipted cash vouchers.
- On March 3, 1978, the CFI denied the alias writ as premature and ordered Reyes to return and explain. Reyes had by then absconded. Tan then withdrew her partial-alias motion and filed for a full alias writ.
- Issuance of Alias Writ and Garnishment
- On May 1, 1978, the CFI granted the alias writ of execution, appointing Deputy Sheriff Jaime K. del Rosario as special sheriff. On May 18, 1978, del Rosario was directed to levy ₱25,000 (plus interest) and ₱5,000 attorney’s fees.
- On May 23, 1978, PAL filed a motion to quash, reiterating full payment to Reyes and absence of return. On May 26, 1978, del Rosario garnished PAL’s bank deposits totaling ₱64,408.
Issues:
- May an alias writ of execution issue without a prior return of the original writ by the implementing officer?
- Does payment of the judgment debt to the implementing officer, by check made payable to the officer, constitute satisfaction of the debt?
- Is interest recoverable when the decision is silent on its award?
- Does Section 5, Rule 39 refer exclusively to levy and sale of property, to the exclusion of other enforcement methods?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)