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Northern Motors, Inc. vs. Ccoquia

NORTHERN MOTORS, INC., petitioner, vs. THE HONORABLE JORGE R. COQUIA, Executive Judge of the Court of First Instance of Manila, HONESTO ONG, THE SHERIFF OF MANILA, DOMINADOR Q. CACPAL, The Acting Executive Sheriff of Manila, and/or his duly authorized dep

G.R. No. L-40018 | 1975-08-29

R E S O L U T I O N

AQUINO, J:

Northern Motors, Inc., in its motion for the reconsideration of this Court's decision promulgated on March 21, 1975, raised anew the issue of whether its chattel mortgage lien over certain taxicabs, which were levied upon by the mortgagor's unsecured judgment creditor, could be asserted in the case where the judgment was rendered or should be ventilated in an independent action, as held in that decision. It invoked the additional ground that it has an unpaid vendor's lien on the mortgaged taxicabs.

As set forth in the decision, the factual background of that issue is as follows:

Manila Yellow Taxicab Co.,...