FGU vs. RTC PDF
FGU vs. RTC PDF
FGU vs. RTC PDF
_______________
* SECOND DIVISION.
51
MENDOZA, J.:
This is a petition for mandamus praying that the July 1,
2003 and November 3, 2003 orders1 of the Regional Trial
Court Branch 66, Makati City (RTC), which granted the
Motion To Set Case For Hearing filed by private respondent
G.P. Sarmiento Trucking Corporation (GPS), be set aside
and, in lieu thereof, „a decision be rendered ordering the
lower court to issue the Writ of Execution in Civil Case No.
94-3009 in
_______________
_______________
2 Id., at p. 23.
3 Id., at pp. 37-47.
53
VOL. 644, FEBRUARY 23, 2011 53
FGU Insurance Corporation vs. Regional Trial Court of
Makati City, Branch 66
_______________
4 Id., at p. 48.
5 Id., at p. 49.
6 Id., at pp. 51-53.
7 Id., at pp. 54-56.
54
„x x x.
The defendant, however, contends that it has already turned over to
the consignee the 30 refrigerator units subject[s] of the case. It also
appears from the record that the Accounting/Administrative Manager of
Concepcion Industries has executed a certification to the effect that the
assured company has turned over the refrigerator units in question to
plaintiff.
In view of the foregoing and considering that plaintiff may not be
allowed to recover more than what it is entitled to, there is a need for the
parties to clarify the following issues to allow a fair and judicious
resolution of plaintiff Ês motion for issuance of a writ of execution:
1) Was there an actual turn-over of 30 refrigerators to the plaintiff?
2) In the affirmative, what is the salvage value of the 30
refrigerators?
WHEREFORE, the Court hereby orders both parties to present
evidence in support of their respective positions on these issues.
SO ORDERED.‰9 [Italicization in the original]
GROUNDS
THE REGIONAL TRIAL COURT OF MAKATI CITY, BRANCH 66
UNLAWFULLY NEGLECTED THE PERFORMANCE OF ITS
_______________
55
_______________
56
_______________
57
_______________
58
Petition dismissed.
_______________
20 Heirs of Maura So, et al. v. Lucila Jomoc Obliosca, et al., G.R. No.
147082, January 28, 2008, 542 SCRA 406.