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Maxima Blouse Potenciano vs. Herminio C. Mariano, et al.

MAXIMA BLOUSE POTENCIANO, in substitution of the deceased MAX BLOUSE, petitioner, vs. HON. HERMINIO C. MARIANO, as Judge of the Court of First Instance of Rizal, and ANTONIO QUIRINO, respondents.

G.R. No. L-30904 | 1980-03-06

D E C I S I O N


AQUINO, J.:

The question in this special civil action of mandamus is whether respondent Judge of the Court of First Instance of Rizal, who examined the judgment debtor under section 38, Rule 39 of the Rules of Court, may be compelled to order the sale of the debtor's properties to satisfy the judgment rendered by the Court of First Instance of Manila. The antecedents of this incident are as follows:

1. The Court of First Instance of Manila in its decision dated October 5, 1961 ordered Antonio Quirino, Fernando Suzara and Alto Surety & Insurance Co., Inc. to pay solidarily to Maxima Blouse Potenciano the sum of P16,000,...