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Modequillo vs. Breva 185 SCRA 766

JOSE MODEQUILLO, petitioner, vs. HON. AUGUSTO V. BREVA, FRANCISCO SALINAS, FLORIPER ABELLAN-SALINAS, JUANITO CULAN-CULAN and DEPUTY SHERIFF FERNANDO PLATA, respondents.

G.R. No. 86355 | 1990-05-31

FIRST DIVISION
 
D E C I S I O N 
 
 
GANCAYCO, J.: 
 
The issue in this petition is whether or not a final judgment of the Court of Appeals in an action for damages may be satisfied by way of execution of a family home constituted under the Family Code. 
 
The facts are undisputed. 
 
On January 29, 1988, a judgment was rendered by the Court of Appeals in CA-G.R. CV No. 09218 entitled "Francisco Salinas, et al. vs. Jose Modequillo, et al.," the dispositive part of which read as follows: 
 
"WHEREFORE, the decision under appeal should be, as it is hereby, reversed and set aside....