The writ of execution issued by the court required the defendant to pay interest. The judgment does not provide for interest. Is the writ valid? Why? Answer: No. It is beyond the power of the court to issue a writ of execution for the payment of interest together with the principal obligation when the judgment… Continue reading Writ of Execution Requires Defendant to Pay Interest
Tag: Civil Procedure Philippines
Action for Unlawful Detainer
An action for unlawful detainer was filed containing allegations that the defendant immediately occupied the property after its sale to her, an action merely tolerated by the owner and that her illegal occupation was by mere tolerance. It was ruled that the ejectment case should have been for forcible entry, an action that has already… Continue reading Action for Unlawful Detainer
Unpaid Debt: Venue to File Case
A, a resident of San Pedro, Laguna, borrowed money from B, a resident of Binan, Laguna. In case A fails to pay, where should B commence the action? Explain Answer: B may commence the action against A either in the proper courts of San Pedro, Laguna or Binan. This is so because the venue of… Continue reading Unpaid Debt: Venue to File Case