A.M. No. P-04-1885 (Formerly OCA-IPI-01-1184-P) - FLORENTINO A. CAJA, VS. ATILANO G. NANQUIL, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 72, OLONGAPO CITY.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, judgment is hereby rendered ordering the defendants to pay the plaintiff jointly and solidarily the amount of P956,285.00 with interest at the rate of 18% per annum from April 27, 1995, plus the amount of ten (10%) percent of the amount as attorneys fees plus costs of the suit. [2] On February 12, 1997, a Writ of Execution, [3] addressed to Sheriff Nanquil, was issued. On February 27, 1997, Sheriff Nanquil sent a Notice of Garnishment to the Manager of PAG-IBIG (Take-Out Office) informing the latter not to deliver, transfer or dispose defendants money, credits, shares, interests and deposits therein except upon orders from the court. [4] In the Answer to Notice of Garnishment dated March 3, 1997, Daisy R. Roldan, Head, Mortgage Take-Out Center, NCR-I, stated that they will hold on to the account of one Edgar Ballesteros (P157,500.00). [5] On May 19, 1997, per Sheriffs Return, the Writ of Execution was returned unsatisfied. [6] Hence, an Alias Writ of Execution was subsequently issued on May 19, 1997. [7] Per Notice of Levy dated May 19, 1997, Sheriff Nanquil levied a parcel of land covered by Transfer Certificate of Title No. T-46478, including its improvements, declared in the name of Subic Realty Corporation under Tax Declaration No. 010-1356 with a total assessed value of P1,786,870.00. [8] On July 1, 1997, Sheriff Nanquil levied the following personal properties of defendants: One Payloader, 75 B Michigan, TCM Engine No. PD6-072064 One Dump Truck Chassis No. CXZ 19J-1992977 Color Blue [9] On the same date, he issued an Additional Notice of Levy for seventy-seven (77) pieces of G.I. Sheets (gauge 26 by 7 feet). [10] On July 8, 1997, a Notice of Third Party Claim was filed by Antero T. Dominguez, Account Officer of the Marketing Department of BAP Credit Guaranty Corporation (BCGC), before Branch 72 of Regional Trial Court of Olongapo City, informing its sheriff, that the payloader and dump truck he levied were previously mortgaged to BCGC. He requested that the levy thereon be immediately lifted and/or discharged in accordance with Section 17, Rule 39 of the Revised Rules of Court. [11] Third Party Claimant BCGC filed an Urgent Motion to Lift Writ of Attachment dated December 15, 1997 praying that the writ be lifted and aforesaid levied equipment be delivered to it so it can foreclose the same. [12] On December 17, 1997, plaintiff Triangle Ace Corporation filed a Motion to Strike Out Motion to Lift Writ of Attachment. [13] On May 7, 1998, Judge Ubiadas denied the Urgent Motion to Lift Writ of Attachment [14] to which Third Party Claimant BCGC filed a Motion for Reconsideration. [15] Plaintiff moved to strike out said motion which Third Party Claimant BCGC opposed. [16] In an Order dated November 27, 1998, Judge Ubiadas granted plaintiffs motion to strike out the Motion for Reconsideration. [17] On January 18, 2000, defendants Subic Realty Corporation, Florentino Caja and Erickson Y. Caja filed a Motion to Lift Levy on Execution