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Arabay, Inc., vs. Salvador, et al

ARABAY, INC., petitioner, vs. Hon. SERAFIN SALVADOR, Presiding Judge of the Court of First Instance of Rizal, Caloocan City Branch, and BENJAMIN M. PASCUAL, respondents.

G.R. No. L-31077 | 1978-03-17

D E C I S I O N

AQUINO, J:

Ventilated in this case is the ever-recurring question as to the jurisdiction of a Court of First Instance to issue, at the instance of a third-party claimant, an injunction restraining the execution sale of properties which were levied upon by a judgment creditor in a case decided by another Court of First Instance.

In a decision dated October 7, 1968 in Civil Case No. 71710 of the Court of First Instance of Manila, "Arabay, Inc. vs. Florencio A. Soyangco", Judge Manuel P. Barcelona ordered Soyangco to pay the plaintiff the sum of P36,874.49 plus six percent interest from January 10, 1967 and P2,000 as...