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Bayer Phils. , Inc. , et al vs. E. Agana, et al

BAYER PHILIPPINES, INC., BAYER AKTIENGESELLSCHAFT (Formerly Farbenfabriken Bayer Aktiengesellschaft), THE EX-OFFICIO SHERIFF OF QUEZON CITY, DEPUTY SHERIFF MARINO V. CACHERO OF QUEZON CITY, AXEL REICHMANN, ATTY. NORBERTO S. GONZALES, and DOMING G. FORONDA petitioners vs. THE HONORABLE ENRIQUE A. AGANA JUDGE OF THE COURT OF FIRST INSTANCE OF RIZAL, QUEZON CITY BRANCH XXVIII, SAN FRANCISCO OIL & PAINT CO., INC., and ISIDORO GALVANIZED AND STEEL MANUFACTURING CO., INC., respondents.

G.R. No. L-38701 | 1975-04-08

SECOND DIVISION

D E C I S I O N 

ANTONIO, J:


The Court in construing Section 17 of Rule 39 of the Revised Rules of Court declares that the rights of third-party claimants over certain properties levied upon by the sheriff to satisfy the judgment, may not be taken up in the case where such claims are presented, but in a separate and independent action instituted by the claimants. This is evident from the fact that the court issuing the writ of execution is supposed to enforce its authority only over properties of the judgment debtor, and should a third party appear to claim the property levied upon by the sheriff and the claim is denied,...