This case has been cited 1 times or more.
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2003-09-24 |
CARPIO, J. |
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| There is no dispute that Lu's counsel received the MTC decision on 13 September 1995 and filed a notice of appeal on the same day. Corpuz issued the writ of execution on 11 September 1995. Sheriff Lopez implemented the writ on the same day. In short, Corpuz issued the writ, and Sheriff Lopez implemented the same, at least two days before Lu's counsel received the MTC decision. Clearly, this is an improper procedure because the clerk of court issued the writ of execution before the losing party received the decision. As held in Felongco v. Dictado,[9] reiterating the earlier case of Dy v. Court of Appeals,[10] the losing party must first receive notice of the judgment before the court or its personnel can execute the judgment. The reason is that if such judgment is immediately executed without prior notice to the losing party, then such a party has no remedy if the evidence or law does not support the judgment. | |||||