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Chong vs. Herrera, et al

PY ENG CHONG, petitioner, vs. HON. A. MELENCIO HERRERA, in her capacity as Judge of the Court of First Instance of Manila, and JULIA SO DE CHIAT & SONS, respondents.

G.R. No. L-31229 | 1976-03-25

D E C I S I O N

ANTONIO, J:

Certiorari to annul the orders of the respondent court in Civil Case No. 65733, Py Eng Chong, et al. vs. Eduardo Uy Chiat, et al., dated September 1, 1969, recalling the Second Alias Writ of Execution on the ground that the writ can no longer be enforced in view of the death of the judgment debtor, Eduardo Uy Chiat, and that of October 9, 1969 denying petitioner's motion for reconsideration, and reiterating that the judgment creditor should file its claim in the proceeding for the settlement of the decedent's estate pursuant to Section 5, Rule 86 of the Rules of Court.

The present proceedings stemmed from the...