Canonizado v. Juvenile

JR., J.:

Two petitions are before us, seeking to compel the respondent Juvenile and Domestic Relations Court to order the issuance of an alias writ of execution for the enforcement of a decision ordering the payment of past support and to order the payment of current support in favor of the petitioner. On September 27, 1968, the Court of Appeals rendered a decision, the dispositive portion of which reads as follows: WHEREFORE, the appealed judgment is hereby modified by ordering defendant to give plaintiff a monthly support of P100.00 beginning with October, 1964, payable in advance within the first five (5) days of each month, and the appealed judgment is hereby affirmed in all other respects, without costs. This decision became final and executory on January 21, 1969.

On October 24, 1969, an order of execution was issued for P27,900.00 followed by the writ itself on October 28, 1969. However, the writ was recalled and set aside to enable the plaintiff, petitioner herein, to correct the amount therein stated. Earlier on October 6, 1967, Christina, daughter of petitioner and respondent, became of age but since she was still studying then, her support was formally terminated only in April, 1969.

The total amount due her as of this latter date was determined at P16,150.00, for the period from October, 1964 to April, 1969. Writs of execution were again issued on February 10 and March 30, 1970 in favor of petitioner and Christina respectively. Said writs were both returned unsatisfied.

On July 11, 1973, the petitioner and the respondent entered into an agreement with the following stipulations: "1. x x x x x x x x x "2. The total arrears in support payable to Mrs. Bernarda Canonizado as of December, 1972 is determined at SEVENTEEN THOUSAND TWO HUNDRED PESOS (P17,200.00).

A moratorium of payment will be observed on this amount." "3. On or before July 31, 1973, Mr. Canonizado will deposit the amount of SEVEN HUNDRED PESOS (P700.00) covering support from January to July, 1973.

Henceforth, current support of ONE HUNDRED PESOS (P100.00) will be deposited within the first ten (10) days of every month punctually. "4. At any time that Mr. Canonizado will receive a sizeable income, payment on the arrears in support of P17,200.00 will be made partially or in full, depending on the income received."

"5. At any time that Mr. Canonizado should fail to remit current support for four (4) consecutive months then the total arrears in support will be immediately due and demandable. "6.

Mr. Canonizado also agrees that upon receipt of an income, he will liquidate the unpaid support due their daughter Christina, the same to be given to Bernarda Canonizado." On February 16, 1976, the petitioner filed a motion for execution and contempt of court, praying that a writ of execution be issued for P17,200.00 in her favor and P16,150.00 in favor of Christina. On February 23, 1976, an order was issued by the lower court stating that after submission by petitioner of a verified statement of the total arrears in support and application to the Clerk of Court, a writ of execution shall be issued.

On March 15, 1976, the petitioner filed the required verified statement but since the respondent on the same date was granted a period of time within which to liquidate the arrears in support, the application of the petitioner for a writ of execution was deferred until April 14, 1976. On said date, the petitioner filed a motion for the issuance of a warrant of arrest and for an alias writ of execution. These motions, however, were temporarily denied after the respondent was granted a last extension to pay the arrears in support on May 14, 1976.

On July 14, 1976, the lower court ordered the issuance of a writ of execution for the collection of the amounts of P16,150.00 and P17,200.00 and for the calling of the case on August 2, 1976 for respondent to show cause why he should not be found in contempt of court for failure to pay the arrears in support. On July 22, 1976, a writ of execution was issued. Enforcement of this writ, however, was not pressed by the petitioner because on August 3, 1976, she and the respondent entered into an agreement which provided for the following: "Accommodating defendant's shortcomings, plaintiff agreed to accept the P200.00 to be deposited and to defer further action as long as defendant shall fulfill the following commitments which he made: "Amount to be paid as per Order of August 3, 1976 .

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P2,000.00 "LESS: Deposit, September 1, 1976 200.00