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    Rule 39, Section 36

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    chelseaprincess.cabalquinto

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    Rule 39, Section 36

    Uploaded by

    chelseaprincess.cabalquinto
    15 views1 page

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    15 views1 page

    Rule 39, Section 36

    Uploaded by

    chelseaprincess.cabalquinto

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Britania v. Gepty, et al.

    G.R. No. 246995 January 22, 2020

    Facts of the case:


    Blas Britania (Britania) initiated an action for judicial foreclosure of
    mortgage against respondent Melba Panganiban (Panganiban) as the former loaned
    the latter which was secured by a 120-square-meter property, which the latter was
    paying on installment to a certain Florencia Francisco. After due proceedings, the
    trial court rendered its Decision dated June 30, 2015 denying the complaint for
    judicial foreclosure, albeit granting Britania 's monetary claims. Britania filed his
    Motion to Examine Judgment Debtor Melba C. Panganiban, which Panganiban did
    not appear and the formed moved to cite the latter in indirect contempt of court.

    Issue:
    Whether or not Britania had the right to examine Panganiban because the
    judgment in his favor was not fully satisfied.

    Ruling:
    No.
    Sec. 36. Examination of judgment obligor when judgment unsatisfied.
    The provision applies to cases where the judgment remains unsatisfied and there is
    a need for the judgment obligor to appear and be examined concerning his or her
    property and income to determine whether the same may be properly held to
    satisfy the full judgment amount.
    The provision speaks of the judgment obligor's property and income only;
    not those belonging to third persons. For a judgment creditor or purchaser at an
    execution sale acquires only whatever rights the judgment obligor may have over
    the property at the time of levy. Thus, if the judgment obligor has no right, title or
    interest over the levied property, there is nothing for him or her to transfer.
    It is a fundamental principle that a judgment that lapses into finality
    becomes immutable and unalterable. The primary consequence of this principle is
    that the judgment may no longer be modified or amended by any court in any
    manner even if the purpose of the modification or amendment is to correct
    perceived errors of law or fact. This principle known as the doctrine of
    immutability of judgment is a matter of sound public policy, which rests upon the
    practical consideration that every litigation must come to an end. Here, Britania
    cannot revive his claim on the 120-square-meter property by subjecting
    Panganiban to examination under Section 36, Rule 39 of the Rules of Court which,
    as stated, is not even applicable here.

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