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Dy Chiao vs. Bolivar etc.

MARY JANE G. DY CHIAO, Petitioner, vs. SEBASTIAN BOLIVAR, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 19, IN NAGA CITY Respondent. Present: SERENO, C.J, LEONARDO-DE CASTRO, BERSAMIN, PERLAS-BERNABE, and CAGUIOA,JJ.

G.R. No. 192491 | 2016-08-17

Republic of the Philippines
Supreme Court
Manila
 
 
FIRST DIVISION
 
 
DECISION
 
BERSAMIN, J.:
 
A losing party cannot seek relief from the execution of a final judgment by bringing a separate action to prevent the execution of the judgment against her by the enforcing sheriff. Such action contravenes the policy on judicial stability. She should seek the relief in the same court that issued the writ of execution.
 
The Case
 
The petitioner -a subsidiary judgment debtor -appeals the resolution promulgated on November 12, 2009,1 whereby the Court of Appeals (CA) denied her Motion for Extension of Time to File...