This case has been cited 2 times or more.
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2013-03-13 |
MENDOZA, J. |
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| 5) That the third person who received the property conveyed, if by onerous title, has been an accomplice in the fraud.[26] | |||||
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2011-08-10 |
PERALTA, J. |
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| However, jurisprudence is clear that the following successive measures must be taken by a creditor before he may bring an action for rescission of an allegedly fraudulent contract: (1) exhaust the properties of the debtor through levying by attachment and execution upon all the property of the debtor, except such as are exempt by law from execution; (2) exercise all the rights and actions of the debtor, save those personal to him (accion subrogatoria); and (3) seek rescission of the contracts executed by the debtor in fraud of their rights (accion pauliana).[23] It is thus apparent that an action to rescind, or an accion pauliana, must be of last resort, availed of only after the creditor has exhausted all the properties of the debtor not exempt from execution or after all other legal remedies have been exhausted and have been proven futile.[24] | |||||