Writ of Execution Requires Defendant to Pay Interest

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 does not contain any provisions with respect to interest. To do so would amount to an excess of jurisdiction on the part of the court. (Nora Villamayor vs Hon. Luciano, 88 SCRA 156).

The plea of estoppel, as there has been partial payment, is without merit, for estoppel cannot validate a void order, issued without jurisdiction and does not exist as a matter of law and may not be conferred by consent of the parties by estoppel.

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