Escolar Documentos
Profissional Documentos
Cultura Documentos
*
G.R. No. 49188. January 30, 1990.
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* EN BANC.
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560 SUPREME COURT REPORTS ANNOTATED
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VOL. 181, JANUARY 30, 1990 561
On July 28, 1972, the petitioner filed its appeal with the
Court of Appeals. The case was docketed as CA-G.R. No.
51079-R.
On February 3, 1977, the appellate court rendered its
decision, the dispositive portion of which reads:
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564 SUPREME COURT REPORTS ANNOTATED
Philippine Airlines, Inc. vs. Court of Appeals
II
III
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IV
SECTION 5, RULE 39, PARTICULARLY REFERS TO LEVY OF
PROPERTY OF JUDGMENT DEBTOR AND DISPOSAL OR
SALE THEREOF TO SATISFY JUDGMENT.
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“ ‘As between two innocent persons, one of whom must suffer the
consequence of a breach of trust, the one who made it possible by his act
of confidence must bear the loss.’ ” (Blondeau, et al. v. Nano, et al., L-
41377, July 26, 1935, 61 Phil. 625)
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DISSENTING OPINION
NARVASA, J.:
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to process, keep the King’s peace, and put the laws in execution.
From a very remote period in English constitutional history x x
the shire had another officer, namely the shire reeve or as we say,
the sheriff. x x The Sheriff was the special representative of the
regal or central authority, and as such usually nominated by the
King. x x Since the earliest times, both in England and the United
States, a sheriff has continued his status as an adjunct of the
court x x. As it was there, so it has been in the Philippines from
the time of the organization of the judiciary x x.” (J. Fernando’s
concurring opinion in Bagatsing v. Herrera, 65 SCRA 434)
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576