September 1988 - Philippine Supreme Court Decisions/Resolutions
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G.R. Nos. L-49762-64 September 26, 1988 - RANULFO PAMPARO v. COURT OF APPEALS, ET AL.:
SECOND DIVISION
[G.R. Nos. L-49762-64. September 26, 1988.]
RANULFO PAMPARO, Petitioner, v. THE HONORABLE COURT OF APPEALS, PEDRO ESPINAS, JR., and DENYSE ESPINAS, IGNACIO D. ALMODOVAR, AS EX-OFFICIO PROVINCIAL SHERIFF OF THE PROVINCE OF ALBAY; AND VICENTE RAMIREZ, DEPUTY PROVINCIAL SHERIFF; AND JORGE SABILE AND LOURDES DURAN-SABILE, Respondents.
Madrid Law Office for Petitioner.
Ireneo T . Sales, Jr. for Respondents.
SYLLABUS
1. REMEDIAL LAW; CIVIL PROCEDURE; FINDINGS OF FACTS OF THE APPELLATE COURT SUPPORTED BY THE RECORDS OF THE CASE; BINDING UPON THE SUPREME COURT. — The findings of facts of the respondent appellate court are well-supported by the records of the case and therefore binding on Us, considering further that such conclusion was arrived at not by mere speculations, surmises or conjectures; nor manifestly mistaken, absurd or impossible; nor based on a misapprehension of certain occurrence; nor are they in conflict with other facts or with the admissions of both parties nor that in arriving at such conclusions, the appellate court had committed a grave abuse of discretion or went beyond the issue of the case.
D E C I S I O N
PARAS, J.:
Before Us is a Petition to Review the decision 1 of respondent Court of Appeals which affirmed on appeal with modification the joint decision 2 dated June 20, 1973 of the Court of First Instance (now RTC) of Albay in Civil Case Nos. 4171, 4173 and 4280.
These cases have resulted from the filing and the judgment of an earlier action, Civil Case No. 3353, a personal injury and damage suit brought by Pedro Espinas, Jr. (one of private respondents herein) in representation of his daughter, Denyse Espinas, against S.M. Revale Transit.
By virtue of a writ of attachment, issued upon plaintiff’s 3 application, levy was made on two jeepneys and one parcel of irrigated riceland declared under Tax Declaration No. 11690 in the name of Santiago Revale and was duly registered on November 2, 1967 with the Registry of Deeds of Albay.
Upon the filing of a counterbond by the defendants 4 consisting partly of cash and partly of land declared in the name of Ma. Luisa Samson, wife of Santiago Revale, under Tax Declaration No. 15363, the two jeepneys were released from attachment.
On December 7, 1967, the parties executed a compromise agreement, which was made the basis of the following:chanrob1es virtual 1aw library
Republic of the Philippines
COURT OF FIRST INSTANCE OF ALBAY
10th Judicial District
Branch III
DENYSE ESPINAS, ET AL.,
Plaintiffs,
— versus — CIVIL CASE NO. 3353
RODOLFO EUGENIO Y BARACINA,
ET AL., Defendants.
These cases have resulted from the filing and the judgment of an earlier action, Civil Case No. 3353, a personal injury and damage suit brought by Pedro Espinas, Jr. (one of private respondents herein) in representation of his daughter, Denyse Espinas, against S.M. Revale Transit.
By virtue of a writ of attachment, issued upon plaintiff’s 3 application, levy was made on two jeepneys and one parcel of irrigated riceland declared under Tax Declaration No. 11690 in the name of Santiago Revale and was duly registered on November 2, 1967 with the Registry of Deeds of Albay.
Upon the filing of a counterbond by the defendants 4 consisting partly of cash and partly of land declared in the name of Ma. Luisa Samson, wife of Santiago Revale, under Tax Declaration No. 15363, the two jeepneys were released from attachment.
On December 7, 1967, the parties executed a compromise agreement, which was made the basis of the following:chanrob1es virtual 1aw library
Republic of the Philippines
COURT OF FIRST INSTANCE OF ALBAY
10th Judicial District
Branch III
DENYSE ESPINAS, ET AL.,
Plaintiffs,
— versus — CIVIL CASE NO. 3353
RODOLFO EUGENIO Y BARACINA,
ET AL., Defendants.