Petitioner
Enrique Medina
Respondent
Sotero B. Cabahug
Citation
G.R. No. 48074
Court
Supreme Court En Banc
Division
En Banc
Ponente
Abad Santos, J.
Decided
December 3, 1941

Summary

Enrique Medina petitioned for prohibition to prevent enforcement of a writ of execution in a civil case where he had been ordered to pay P3,500 to Monico Cabanela. After the Court of Appeals affirmed the judgment, Medina allegedly deceived Cabanela into accepting P1,500 as full settlement by misrepresenting that the case was still pending decision. The Supreme Court En Banc denied the prohibition petition, finding that the settlement was void under Civil Code provisions on compromise vitiated by fraud or deceit, since Cabanela was unaware of the confirmatory appellate judgment. The Court ruled that the trial judge acted within jurisdiction in issuing the execution, but ordered credit for the P1,500 already paid. This case demonstrates the interplay between remedial law proceedings and substantive civil law principles regarding fraudulent settlements.

Statutes applied

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By the Intellegal Editorial Board · December 3, 1941

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