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The Supreme Court reviews the decision of the Court of Appeals on the validity of an alias writ of execution issued by the trial court in favor of the plaintiff. The petitioner argues that the writ is premature and the sheriff has already received the payment, while the respondent claims that the writ is necessary to enforce the judgment.
- G.R. No. 216157
Manotok Realty, Inc. (respondent) filed a case for unlawful...
- G.R. No. 216157
Manotok Realty, Inc. (respondent) filed a case for unlawful detainer against Maria Perez (petitioner) before Branch 22, Metropolitan Trial Court (MeTC), Manila, docketed as Civil Case No. 151271-CV. On March 31, 1998, the MeTC rendered a Decision 5 in favor of respondent.
The petitioner sought to annul the writ of execution issued by the MTC in favor of the plaintiff in an ejectment case. The CA ruled that the petitioner had a cause of action under Rule 47, but the SC reversed the decision and dismissed the petition.
Alias Writ. A writ issued by a court to replace one that was previously issued or failed to be enforced. Allegata et Probata . The Latin expression of a doctrine in criminal law which states that what is alleged in the information or complaint must be proven during trial; otherwise, the allegation cannot be used against the accused.
On the other hand, an alias process, like the alias writ of execution or alias writ of possession, is defined as a second writ, summons, execution or subpoena, used when the first or earlier process has for any reason failed to accomplish its purpose. [25]
On September 30, 2010, Recio moved for the issuance of an alias writ of execution before the LA, citing the NLRC Resolution dated August 31, 2010. In the Order 25 dated May 5, 2011, the LA granted Recio's motion and issued an Alias Writ of Execution in her favor.
Feb 6, 2024 · The Supreme Court affirmed the issuance of the alias writ of execution, addressing each issue as follows: 1. **Alias Writ Issuance Without Original Writ’s Return:** The Court justified the issuance under the exceptional circumstance of the executing officer’s disappearance, emphasizing
