Cruz v. Villarin

PADILLA, J.:

The present petition arose from a compromise agreement in Civil Case No. 125249 entitled "Investors' Finance Corporation vs. Rosauro Cruz", wherein the latter admitted having an outstanding obligation in favor of the former in the amount of Seven Thousand Sixty Eight Pesos and Forty Five Centavos (P7,068.45).1 The agreement contained a promise on the part of petitioner Cruz to settle the debt by paying Nine Hundred Nine Pesos (P909.00) every ninth (9th) day of each month until the debt is fully paid. Consequently, on 1 August 1980, the Court of First Instance (now Regional Trial Court) of Manila, Branch XL, rendered judgment based on the agreement. On the ground of failure on the part of herein petitioner to comply with the terms of the agreed settlement, respondent corporation moved for execution of the judgment.

A writ of execution was issued by the then presiding Judge, Hon. Augusto E. Villarin, on 20 November 1980 for the amount of Seven Thousand Five Hundred Nineteen Pesos and Eighty Centavos (P7,519.80),2 which writ, although served, was not implemented due to petitioner's payment on 11 December 1980 of Four Thousand Five Hundred Forty Five Pesos (P4,545.00) in the form of three (3) checks, payable as follows: December 11, 1980 - P1,818.00 January 11, 1981 - 1,818.00 February 11, 1981 - 909.00