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De La Victoria vs. Burgos

LORETO D. DE LA VICTORIA, as City Fiscal of Mandaue City and in his personal capacity as garnishee, petitioner, vs. HON. JOSE BURGOS, Presiding Judge, RTC, and RAUL H. SESBRENO, respondents.

G.R. No. 111190 | 1995-06-27

D E C I S I O N

BELLOSILLO, J.:

RAUL H. SESBRENO filed a complaint for damages against Assistant City Fiscals Bienvenido N. Mabanto, Jr., before the Regional Trial Court of Cebu City. After trial Judgment was rendered ordering the defendants to pay P11,000.00 to the plaintiff, private respondent herein. The decision having become final and executory, on motion of the latter, the trial court ordered its execution. This order was questioned by the defendants before the Court of Appeals. However, on 15 January 1992 a writ of execution was issued.

On 4 February 1992 a notice of garnishment was served on petitioner Loreto D. de la Victoria as City...