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Spouses Kelly vs. Planters Products, Inc., et al.

SPOUSES AUTHER G. KELLEY, JR. and DORIS A. KELLEY, Complainants, versus PLANTERS PRODUCTS, INC. and JORGE A. RAGUTANA,[1] Respondents.

G.R. No. 172263 | 2008-07-09

R E S O L U T I O N


CORONA, J.:

Petitioner Auther G. Kelley, Jr. (Auther) acquired agricultural chemical products on consignment from respondent Planters Products, Inc. (PPI) in 1989. Due to Auther's failure to pay despite demand, PPI filed an action for sum of money against him in the Regional Trial Court of Makati City, Branch 57 (RTC Makati City). This was docketed as Civil Case No. 91-904.

After trial on the merits, the RTC Makati City decided in favor of PPI and issued a writ of execution. Pursuant thereto, respondent sheriff Jorge A. Ragutana sold on execution real property covered by TCT No. 15079 located in Naga City. A...