Petitioner
Agustin J. Montilla
Respondent
La Corporation de Pp. Agustinos Calzados de La Provincia del Santisimo Nombre de Jesus de Filipinas
Citation
G.R. No. 8404
Court
Supreme Court
Division
First Division
Ponente
Torres, J.
Decided
October 9, 1913

Summary

Montilla leased the Pasay estate from Augustinian Corporation in 1891 with collection rights over tenant arrears. After illegal dispossession in 1896, he obtained favorable judgments in 1896 and 1898, but these remained unexecuted while he was abroad. Returning in 1911, he filed this enforcement action. The Supreme Court held that prescription had not run because proper notification was never made and the judgment did not become final until 1911 when the court record was returned. The Court awarded P8,765 representing uncollected rents and damages, rejecting defendant's prescription defense and counterclaims. The decision clarifies important principles on judgment finality, prescription periods for judgment enforcement actions, and proper notification procedures under the old procedural law.

Statutes applied

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By the Intellegal Editorial Board · October 9, 1913

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