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    Tan v. Cinco, G.R. No. 213054, 15 June 2016

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    Kevin Besa

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    © All Rights Reserved
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    Tan v. Cinco, G.R. No. 213054, 15 June 2016

    Uploaded by

    Kevin Besa
    15 views1 page

    Original Title

    41. Tan v. Cinco, G.R. No. 213054, 15 June 2016

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    15 views1 page

    Tan v. Cinco, G.R. No. 213054, 15 June 2016

    Uploaded by

    Kevin Besa

    Copyright:

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

    Tan v.

    Cinco
    G.R. No. 213054, 15 June 2016

    FACTS:
     This case arose when Dante, the husband of herein petitioner Teresita Tan, obtained a
    loan from Simon Lori Holdings, Inc. (SLHI) and some individual lenders in the amount of
    P50 Million. Such a loan was secured by Dante’s share in a corporation.
     However, Dante failed to pay the loan. He then proposed to settle the same by selling his
    shares, but he suddenly disappeared.
     Respondents filed an action for sum of money and the Makati RTC ruled in their favor.
    The writ of execution was thereafter issued.
     In order to enforce the writ, the sheriff levied Dante’s property.
     Dante sought the quashal of the writ on the ground that it was a family home, hence,
    exempt from execution. Nevertheless, it was later on proved that the loan obtained
    redounded to the benefit of the family, as it was used in their business.
     Petitioner Tan subsequently went to Paranaque RTC and sought for the nullification of
    the auction sale and cancellation of title issued in favor of the respondents.
     The Paranaque RTC ruled in favor of the petitioner and nullified the auction sale and the
    certificate of title.
     On appeal, the CA declared the order of RTC of Paranaque void for being violative of the
    doctrine of judicial stability.

    ISSUE:
    W/N Paranaque RTC violated the doctrine of judicial stability.

    RULING:
    Yes. The Paranaque RTC is bereft of authority to nullify the levy and sale of the subject property
    that was legitimately ordered by Makati RTC, a coordinate and co-equal court. The judgment
    rendered by the Makati RTC in the collection case, as well as the execution thereof, and all other
    incidents arising therefrom, may not be interfered with by the Paranaque RTC, a court of
    concurrent jurisdiction.

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