Sie sind auf Seite 1von 4

Remedy when the judgment is

unsatisfied.

• Remedy 1: When the return of a writ of execution against the


property of a judgment obligor shows that the judgment remain
unsatisfied, in whole or in part, and upon proof to the
satisfaction of the court which issued the writ, that a person,
corporation, or other juridical entity has property of such
judgment obligor or is indebted to him, the court may, by an
order, require such person, corporation, or other juridical entity,
or any officer, or member thereof, to appear before the court or
a commissioner appointed by it, at a time and place within the
province or city where such debtor resides or is found, and be
examined concerning the same.

Hence, if the RTC Bulacan and the obligor is a resident of


Quezon City, he cannot be required to appear and examined.
Remedy when the judgment is
unsatisfied.

• Remedy 2: A person, corporation, or other juridical entity,


indebted to the judgment debtor may be required to
appear before the court or a commissioner appointed by
it, at the time said place within the province or city where
such debtor resides is found and be examined concerning
the same.
Illustrative Case: Esguerra v. Holcim

• Facts: Esguerra filed a petition to RTC Bulacan to annul


the free patent in the name of de Guzman as he is said to
be the owner of the subject land. Esguerra learned that
the land was being offered by de Guzman to Holcim.
Inadvertently, a patent was issued to former possessor of
the land (Ms. Maningas) were it was subsequently issued
to de Guzman. Esguerra then demanded that a portion of
his property which has been encroached upon be
excluded. He also pray that Holcim to desist from hauling
marble on the property and he shall be paid for such.
• RTC dismissed the case, but by Appeal, the CA reversed
the Decision.
Illustrative Case: Esguerra v. Holcim

• Issue: WHETHER OR NOT THE GRAVELY ERRED IN NOT


HOLDING THAT [HOLCIM] IS ESTOPPED TO QUESTION THE
JURISDICTION OF THE TRIAL COURT TO CONDUCT A
HEARING ON THE EXACT PAYMENT WHICH WAS SUPPOSED
TO PAY TO THE PETITIONERS.
• Doctrine:
Nothing in the rules gives the court the authority to order such
person or corporation to pay the same. Execution of judgment can
only be issued against one who is a party to the action, and not
against one, who, not being party thereto, did not have his day in
court. Due process demands that a court decision can only bind a
party to the litigation and not against innocent 3rd parties.