This case has been cited 8 times or more.
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2015-06-22 |
PERALTA, J. |
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| Such grounds, however, go into the substance and merits of the case which had been decided with finality, and have no bearing on the validity of the issuance of the writ of execution. They raise issues which have been properly joined and addressed by the trial court in its decision. But at this late stage of execution, tackling those matters is a re-litigation of those issues, which no court can perform without offending well-settled principles. Essentially, arguments as to these issues are proper for an appeal, a remedy which none of the petitioners and the other judgment-obligors have taken. Instead, petitioners' co-defendants in the case, the other judgment-obligors Puno, et al., filed a petition to annul the judgment, also raising the trial court's alleged lack of jurisdiction and the same arguments as aforementioned, but such petition was denied by the CA, which denial was affirmed with finality by the Supreme Court. Hence, to this Court, the final judgment has become the law of the case which is now immovable. The rudiments of fair play, justice, and due process require that parties cannot raise for the first time on appeal from a denial of a motion to quash a writ of execution issues which they could have raised but never did during the trial and even on appeal from the decision of the trial court.[50] | |||||
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2014-06-02 |
PERALTA, J. |
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| It is to be noted that the time during which the corporation, through its own officers, may conduct the liquidation of its assets and sue and be sued as a corporation is limited to three years from the time the period of dissolution commences; but there is no time limit within which the trustees must complete a liquidation placed in their hands. It is provided only (Corp. Law, Sec. 78 [now Sec. 122]) that the conveyance to the trustees must be made within the three-year period. It may be found impossible to complete the work of liquidation within the three-year period or to reduce disputed claims to judgment. The authorities are to the effect that suits by or against a corporation abate when it ceased to be an entity capable of suing or being sued (7 R.C.L., Corps., par. 750); but trustees to whom the corporate assets have been conveyed pursuant to the authority of Sec. 78 [now Sec. 122] may sue and be sued as such in all matters connected with the liquidation...[7] | |||||
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2008-12-16 |
TINGA, J. |
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| Furthermore, Section 145 of the Corporation Code clearly provides that "no right or remedy in favor of or against any corporation, its stockholders, members, directors, trustees, or officers, nor any liability incurred by any such corporation, stockholders, members, directors, trustees, or officers, shall be removed or impaired either by the subsequent dissolution of said corporation." Even if no trustee is appointed or designated during the three-year period of the liquidation of the corporation, the Court has held that the board of directors may be permitted to complete the corporate liquidation by continuing as "trustees" by legal implication.[25] Therefore, no injustice would arise even if the Court does not stay the execution of G.R. 159352. | |||||
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2008-07-04 |
AUSTRIA-MARTINEZ, J. |
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| A motion to quash execution is only proper where: (a) the writ of execution varies the judgment; (b) there has been a change in the situation of the parties making execution inequitable or unjust; (c) execution is sought to be enforced against property exempt from execution; (d) it appears that the controversy has never been submitted to the judgment of the court; (e) the terms of the judgment are not clear enough and there remains room for interpretation thereof; or (f) it appears that the writ of execution has been improvidently issued, or that it is defective in substance or is issued against the wrong party, or that the judgment debt has been paid or otherwise satisfied, or the writ was issued without authority.[58] None of these instances apply here. | |||||
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2006-03-15 |
SANDOVAL-GUTIERREZ, J. |
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| it appears that the writ of execution has been improvidently issued, or that it is defective in substance, or issued against the wrong party, or that the judgment debt has been paid or otherwise satisfied, or the writ was issued without authority.[5] We find that none of these exceptions is present in this case. | |||||
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2002-12-27 |
AUSTRIA-MARTINEZ, J. |
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| legal personality of the dissolved corporation should not be accorded similar treatment allowed - to proceed to final judgment and execution thereof." Said ruling was reiterated in Reburiano vs. Court of Appeals,[17] thus: | |||||
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2002-08-06 |
QUISUMBING, J. |
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| for the first time on appeal issues that they could have raised but never did during trial and even during proceedings before the Court of Appeals.[13] Nevertheless, we deem it proper that this issue be resolved now, to avoid circuitous litigation and further delay in the disposition of this case. On this score, we find that petitioners are indeed builders in good faith. A builder in good faith is one who builds with the belief that the land he is building on is his, and is ignorant of any defect or flaw in his title.[14] As earlier discussed, petitioner spouses acquired the land in question without knowledge of any | |||||