Aguilar v. Masakayan

TEEHANKEE, J.:

Original action of certiorari to annul orders of respondent court of first instance. Petitioner Federico Aguilar as plaintiff in Civil Case No. Q-9812 of the respondent Court of First Instance of Quezon City obtained a money judgment from said court on September 10, 1966 against private respondent Rene Knecht as defendant (hereinafter referred to simply as respondent) for the sum of P10,922.50, representing the unpaid balance of a 17th Century Flemish tapestry entitled "The Dream of Solomon," with interests thereon at the rate of 12% per annum from February, 1966, P1,000.00 attorney's fees and costs of suit.

The judgment having become final, upon a writ of execution issued by respondent court, real and personal properties of respondent consisting of three polo horses stabled at the Manila Polo Club were levied upon and attached by the sheriff's office. Before the scheduled sheriff's sale of the attached polo horses, respondent paid petitioner the sum of P13,511.65 on account of the total judgment debt which, including lawful expenses of execution consisting sheriff's fees, publication and guards' expenses totaled P14,644.20 as of April 17, 1967, leaving on unpaid balance of P132.55 computed as follows: Principal obligation .......................... P10,922.50 Interest at 12% per annum ..............

1,529.15 Attorney's fees ................................. 1,000.00 Cost of suit ........................................ 62.00 Sheriff's fees and expenses as of April 7, 1967 .....

695.00 Sheriff's fees and expenses as of April 17, 1967 .... 360.00 Sheriff's Commission ........................ 75.00