This case has been cited 1 times or more.
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2008-02-11 |
YNARES-SATIAGO, J. |
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| Sheriff Garbanzos served the writ several times on Solco by demanding the immediate payment of the balance of the purchase price and made the corresponding reports to the trial court of the proceedings taken thereon. Considering that Solco's obligation to pay is conditioned upon the eviction of all adverse occupants and removal of all structures found in the subject property, he was justified in not paying the balance immediately after the May 18 and May 27, 2005 sheriff's demands because the billboard was not yet removed from the premises. In reciprocal obligations, only when a party has performed his part of the contract can he demand that the other party also fulfills his own obligation.[38] Assuming all the obligations of the Villaruels were complied with on June 7, 2005, but Solco still failed to pay his obligation, sheriff Garbanzos should have levied the properties of the latter to satisfy the judgment as mandated by the Rules. He should not have waited until August 18, 2005 to institute the garnishment proceedings[39] or after the Villaruels requested for the "full implementation" of the writ. | |||||