Back

De Leon vs. Cruz

AURORA P. DE LEON, petitioner, vs. HONORABLE JUDGE FERNANDO CRUZ of the Court of First Instance of Rizal, Caloocan City, Branch XII and EUSEBIO BERNABE, respondents.

G.R. No. L-34518 | 1974-01-24

D E C I S I O N

TEEHANKEE, J:

The Court herein reiterates the rule that in the absence of overriding considerations, the judgment debtor will not be granted preliminary injunction to enjoin execution of a final judgment or implementation of an already executed judgment simply because of the filing by the judgment debtor of a new action for annulment of the executed judgment on bare allegations of fraud, because the presumption is that such judgment was legally and validly rendered. This rule doubly holds true where the judgment debtor has already failed in a previous action to annul the execution sale for alleged irregularities and this...