Case Title : EVANGELINE D. IMANI,** petitioner, vs. METROPOLITAN BANK & TRUST COMPANY, respondent. Case Nature : PETITION for review on certiorari of the decision and resolution of the Court of Appeals. Division: SECOND DIVISION Docket Number: G.R. No. 187023 Ponente: NACHURA Dispositive Portion: WHEREFORE, the petition is DENIED. The Decision and the Resolution of the Court of Appeals in CA-G.R. SP No. 93061 sustaining the validity of the writ of execution, the auction sale, and the certificate of sale are AFFIRMED. DOCTRINES: Contrary to the CA’s advice, the remedy of terceria or a separate action under Section 16, Rule 39 is no longer available to Sina Imani because he is not deemed a stranger to the case filed against petitioner: [T]he husband of the judgment debtor cannot be deemed a “stranger” to the case prosecuted and adjudged against his wife. Thus, it would have been inappropriate for him to institute a separate case for annulment of writ of execution. All property of t...
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