Petitioner
Zenaida M. Palma
Respondent
Honorable Court of Appeals
Citation
G.R. No. 45158
Court
Supreme Court
Division
First Division
Ponente
Quiason, J.
Decided
June 2, 1994

Summary

This case involves an installment sale dispute where the Palmas purchased two trucks from Products, Inc. for P104,112.00 but defaulted after initial payment. Products, Inc. filed a collection case with preliminary attachment, obtaining judgment when defendants were declared in default. The trial court awarded P99,931.71 plus interest and fees, and confirmed the sheriff's sale of attached real property to Products, Inc. for P15,000.00. Key legal issues included validity of service of summons, choice of remedies under Article 1484 of the Civil Code, and propriety of attachment and execution proceedings. The Supreme Court affirmed, ruling that petitioner voluntarily submitted to jurisdiction and that private respondent properly elected collection remedy rather than foreclosure. The decision established that attachment creates a valid lien that ripens into judgment against the property, and execution is mandatory once judgment becomes final.

Statutes applied

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By the Intellegal Editorial Board · June 2, 1994

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