Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1938 > May 1938 Decisions > G.R. No. 45404 May 11, 1938 - SIXTO CASTILLO GONZALEZ v. MODESTO CASTILLO ET AL.

065 Phil 486:




PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. 45404. May 11, 1938.]

SIXTO CASTILLO GONZALEZ, assisted by his guardian ad litem Sixto Castillo, jr., Plaintiff-Appellant, v. MODESTO CASTILLO ET AL., Defendants-Appellants.

Salvador V. Lata for plaintiff and Appellant.

Ramon Diokno and P. Joya Admana for defendants and appellants.

SYLLABUS


1. ATTACHMENT; LIFTING OF ATTACHMENT. — With the complete disappearance, upon the death of S. C. G., of the basic ground upon which the attachment of his properties was issued, the lifting thereof is in order.


D E C I S I O N


CONCEPCION, J.:


A motion has been filed by the appellant for the reconsideration of the resolution of the 31st of January of the current year denying the petition filed by her for the purpose of securing from this court an order lifting the attachment levied on the properties of the plaintiff Sixto Castillo.

As the said motion alleged a new ground not set forth in the previous petition which was denied, this court, by resolution of March 25th, last, treated said motion for reconsideration as a new petition and ordered that the defendants be served with a copy thereof.

The defendants having answered the said new petition, and it appearing that, with the death of the original plaintiff Sixto Castillo, the danger that he might fraudulently alienate the properties in litigation, to the prejudice of the defendants, has disappeared, the reason for maintaining the attachment has consequently ceased to exist.

Furthermore, inasmuch as the judicial administratrix of the properties of the deceased plaintiff in whose name the present litigation is continued, could not likewise alienate the properties here involved without judicial sanction which would not be granted without previous notice to the defendants, children of the deceased, and without prior determination by the court of the real necessity or use of the sale of any of said properties, it is obvious that the fundamental ground on which the preliminary attachment of the properties of said plaintiff was granted, has altogether disappeared.Wherefore, it is ordered that the attachment of the properties of the plaintiff in this case be lifted. So ordered.

Villa-Real, Abad Santos, Imperial, Diaz, and Laurel, JJ., concur.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






May-1938 Jurisprudence                 

  • G.R. No. 45404 May 11, 1938 - SIXTO CASTILLO GONZALEZ v. MODESTO CASTILLO ET AL.

    065 Phil 486

  • Adm. Case No. 805 May 13, 1938 - TECLA ESTILLORE DE ACOSTA v. BASILIO AROMIN

    065 Phil 487

  • G.R. Nos. 43522, 43523 & 43751-43753 May 18, 1938 - E. G. TURNER v. CIRILO CASABAR ET AL.

    065 Phil 490

  • G.R. No. 44038 May 18, 1938 - IN RE: COLLECTOR OF INTERNAL REVENUE v. ANNIE LAURIE HAYGOOD

    065 Phil 520

  • G.R. No. 43501 May 20, 1938 - JUANITO LIM v. CONSUELO YBALLE

    065 Phil 527

  • G.R. No. 44052 May 24, 1938 - MAGDALENA MERCADO DE YARED v. JOSE M. MERCADO

    065 Phil 534

  • G.R. No. 45912 May 24, 1938 - HACIENDA NAVARRA v. ALEJO LABRADOR

    065 Phil 536

  • G.R. No. 43466 May 25, 1938 - PEOPLE OF THE PHIL. v. PASCUAL FAJARDO

    065 Phil 539

  • G.R. No. 45584 May 25, 1938 - PEOPLE OF THE PHIL. v. HERMENEGILDO BASTATAS

    065 Phil 543

  • G.R. No. 45704 May 25, 1938 - PEOPLE OF THE PHIL. v. CLEMENTE E. MANGSANT

    065 Phil 548

  • G.R. No. 43306 May 26, 1938 - LEVY & BLUE v. JOSE A. DEL PRADO, ET AL.

    065 Phil 552

  • G.R. No. 44094 May 26, 1938 - PABLO MONTENEGRO v. RAMON DIOKNO

    065 Phil 564

  • G.R. No. 45554 May 27, 1938 - PEOPLE OF THE PHIL. v. ALBERTO MABASSA ET AL.

    065 Phil 568

  • G.R. No. 45973 May 27, 1938 - PEOPLE OF THE PHIL. v. EUSTAQUIO FLORES

    065 Phil 573

  • G.R. No. 44198 May 31, 1938 - MANUEL B. CALUPITAN v. CONSUELO B. AGLAHI ET AL.

    065 Phil 575

  • G.R. No. 44892 May 31, 1938 - PEOPLE OF THE PHIL. v. SIMEON CAPULE

    065 Phil 578

  • G.R. No. 44954 May 31, 1938 - PEOPLE OF THE PHIL. v. SIMEON CAPULE

    065 Phil 582

  • G.R. No. 45240 May 31, 1938 - PEOPLE OF THE PHIL. v. FELIPE C. CARREON

    065 Phil 588

  • G.R. No. 45600 May 31, 1938 - PEOPLE OF THE PHIL. v. SIXTO FELIPE

    065 Phil 592

  • G.R. No. 46011 May 31, 1938 - EMILIO GALVEZ v. ALFONSO SALVADOR

    065 Phil 595