This case has been cited 2 times or more.
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2016-01-13 |
MENDOZA, J. |
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| Here, Guy was never made a party to the case. He did not have any participation in the entire proceeding until his vehicle was levied upon and he suddenly became QSC's "co-defendant debtor" during the judgment execution stage. It is a basic principle of law that money judgments are enforceable only against the property incontrovertibly belonging to the judgment debtor.[35] Indeed, the power of the court in executing judgments extends only to properties unquestionably belonging to the judgment debtor alone. An execution can be issued only against a party and not against one who did not have his day in court. The duty of the sheriff is to levy the property of the judgment debtor not that of a third person. For, as the saying goes, one man's goods shall not be sold for another man's debts.[36] | |||||
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2015-07-13 |
PERALTA, J. |
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| Notably, this case was decided in 2005 and its execution has already been delayed for years now. It is almost trite to say that execution is the fruit and end of the suit and is the life of law.[36] A judgment, if left unexecuted, would be nothing but an empty victory for the prevailing party.[37] | |||||