Case Summary (G.R. No. L-49315)
Case Overview
This case involves two consolidated petitions filed by Bernarda S. Canonizado against Judge Regina G. Ordonez Benitez and Atty. Cesar R. Canonizado, addressing the enforcement of a support judgment and the obligation for current support payments.
Background Facts
- A decision was rendered by the Court of Appeals on September 27, 1968, ordering Atty. Cesar R. Canonizado to pay Bernarda S. Canonizado monthly support of P100.00 starting October 1964.
- This decision became final and executory on January 21, 1969.
- Various attempts to execute the judgment were unsuccessful due to the respondent’s failure to comply with support payments.
- Multiple agreements were made between the parties regarding payment of arrears, but compliance was inconsistent.
Legal Principles
1. Writ of Execution
- A writ of execution is an order from the court to enforce a judgment.
- The issuance of an alias writ of execution is a ministerial act if the petitioner has a clear right and the respondent has an imperative duty to comply.
Key Details: • Petitioner has a vested right to enforce the support judgment despite the lapse of time since the judgment became final. • A judgment for support does not become dormant and is enforceable at any time.
2. Continuing Obligation to Support
- The obligation to provide support is ongoing, and a judgment for support can be enforced or modified as circumstances change.
- The recipient’s need for support can change, affecting the demandability of payments.
Key Details: • Support obligations may be suspended if the recipient attains financial independence. • The court retains the jurisdiction to modify support obligations based on evidence presented.
Procedural History
- Petitioner filed multiple motions for execution and contempt against the respondent for failing to pay support.
- The respondent judge denied the issuance of an alias writ of execution based on a claim that the time for execution had lapsed and that the daughter, Christina, could pursue the claim independently.
Important Procedures: • Petitioner must submit verified statements of total arrears for motions related to writs of execution. • Respondents can contest motions for current support based on the circumstances of the petitioner.
Court's Decision
- The Court granted the petition for an alias writ of execution, ordering immediate compliance for payment of arrears.
- The petition for current support was dismissed, allowing for further hearings to determine ongoing support need.
Consequences: • Respondent ordered to pay attorney's fees (P3,000.00). • The case is directed for hearing
Case Syllabus (G.R. No. L-49315)
Case Overview
- The case involves two petitions filed by Bernarda S. Canonizado against Judge Regina G. Ordonez Benitez and Atty. Cesar R. Canonizado.
- The petitions seek to compel the issuance of an alias writ of execution for the enforcement of a prior court decision regarding payment of past and current support.
Background of the Case
- On September 27, 1968, the Court of Appeals modified a previous judgment, ordering the respondent to pay the petitioner a monthly support of P100.00 starting October 1964.
- The decision became final and executory on January 21, 1969.
- An execution order was issued on October 24, 1969, for P27,900.00 but was recalled to correct the amount.
- The support for Christina, the daughter, was formally terminated only in April 1969, after she attained the age of majority on October 6, 1967, despite being a student.
Support Arrears and Agreements
- The total amount due for support was assessed at P16,150.00 from October 1964 to April 1969.
- Various writs of execution were issued but returned unsatisfied.
- On July 11, 1973, petitioner and respondent entered into a stipulation acknowledging arrears of P17,200.00 with a moratorium on payments.
- The agreement specified conditions under which support payments were to be made and consequences for non-compliance.
Subsequent Legal Actions
- Petitioner filed a motion for execution