GR L 1827; (May, 1949) (Digest)
G.R. No. L-1827; May 31, 1949
ALFREDO CATOLICO, petitioner, vs. IRENEO RANJO, Judge of the Court of First Instance of Cagayan, CIRILO LASAM, FELIX BAUTISTA and MELQUIDADES BAUTISTA, respondents.
FACTS
Gabriel Lasam obtained a final judgment against Felix Bautista and Melquiades Bautista. During the pendency of the appeal to the Supreme Court, Alfredo Catolico presented a document claiming to be an assignment of Gabriel Lasam’s rights in the judgment in his favor. The Supreme Court, in its decision, denied Catolico’s prayer for substitution but allowed him to be joined as a respondent. After Gabriel Lasam’s death, his heir, Cirilo Lasam, initially executed a quitclaim deed recognizing the assignment to Catolico. However, when Catolico moved for execution of the judgment in his favor, the judgment debtors opposed, claiming payment and lack of notice, and Cirilo Lasam intervened, alleging the assignment was fictitious and without consideration. The trial court set aside the writ of execution pending resolution of the conflicting claims.
ISSUE
Whether the respondent judge committed grave abuse of discretion in setting aside the writ of execution and requiring a separate action to determine the conflicting rights over the judgment debt.
RULING
No. The Supreme Court held that the respondent judge did not commit grave abuse of discretion. The validity of the assignment to Catolico was disputed, as Cirilo Lasam now challenged its authenticity and consideration, and the judgment debtors claimed the debt had been paid. The Supreme Court had previously reserved Catolico’s right to bring a proper action to enforce the assignment, and the conflicting claims necessitated a separate determination. The petition for certiorari and mandamus was denied.
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