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Tan Ching Ji vs. Juanito Mapalo, et al.

TAN CHING JI, plaintiff-appellee, vs. JUANITO MAPALO, in his capacity as Provincial Sheriff Ex-Officio of Cotabato, the PHILIPPINE NATIONAL BANK and CAMPUA UY TINA, defendants, PHILIPPINE NATIONAL BANK, defendant-appellant.

G.R. No. L-21933 | 1971-02-23

D E C I S I O N


FERNANDO, J:

The answer to the pivotal legal issue in this appeal on a question of law from a judgment of the Court of First Instance of Cotabato is supplied by Uy Tina v. Avila, 1 a certiorari proceeding with the petitioner, the debtor, seeking to quash a writ of execution in favor of one of the respondents, Tan Ching Ji, plaintiff-appellee in this case. In the opinion of the Court penned by Justice Makalintal, the unequivocal holding is that the five-year period under Rule 39, Section 6 as to when a judgment may be executed on motion 2 is to be counted not from the date "the judgment became final in the sense that no...