Back

S.C. Johnson & Son, Inc. Vs. Court Of Appeals, Et Al.

S.C. JOHNSON & SON, INC., petitioner, vs. COURT OF APPEALS, COURT OF FIRST INSTANCE OF MISAMIS OCCIDENTAL, BRANCH II, OZAMIS CITY, ASUNCIANO LOMANTA, PROVINCIAL SHERIFF OF RIZAL AND CLERK OF COURT OF BRANCH II, OZAMIS CITY, respondents.

G.R. No. 54040 | 1990-08-14

D E C I S I O N


FERNAN, C.J.:

Is a party who is declared in default entitled to notice of a motion for execution pending appeal of a judgment by default? The defaulted party, herein petitioner S. C. Johnson & Son, Inc., maintains that it is so entitled while private respondent Asunciano Lomanta contends otherwise.

Petitioner S.C. Johnson & Son, Inc. is a Philippine corporation engaged in the manufacture and marketing of certain products bearing the "Johnson" brand, such as floor wax, floor polishers and accessories, and other allied industrial products. On September 1, 1977, it appointed private respondent Asunciano Lomanta, a...