GR 93238; (August, 1992) (Digest)
G.R. No. 93238 August 31, 1992
NATIONAL POWER CORPORATION, petitioner, vs. THE HON. COURT OF APPEALS, HON. ELISA R. ISRAEL, in her capacity as Presiding Judge, RTC, National Capital Judicial Region, Manila and the PHILIPPINE COMMERCIAL AND INDUSTRIAL BANK, respondents.
FACTS
Private respondent Philippine Commercial and Industrial Bank (PCIB) obtained a final and executory judgment on November 26, 1970, in Civil Case No. 79092, against B.R. Sebastian & Associates, Inc. for the sum of P580,228.19. Separately, B.R. Sebastian & Associates, Inc. obtained a final and executory judgment on June 20, 1976, in Civil Case No. 77140, against petitioner National Power Corporation (NPC) for P2,007,157.00. To satisfy its judgment against B.R. Sebastian, PCIB, through a sheriff, garnished the judgment credit owed by NPC to B.R. Sebastian on July 21, 1976. NPC partially complied by paying P249,256.74 on June 30, 1978, leaving a balance of P340,971.45. NPC refused to deliver the balance. On November 8, 1988, PCIB filed a motion in Civil Case No. 79092 to compel NPC to satisfy the remaining balance. The trial court granted the motion. NPC’s petition for certiorari with the Court of Appeals was dismissed, prompting this petition for review.
ISSUE
Whether the filing by PCIB of a motion on November 8, 1988, to compel NPC to remit the unsatisfied garnished amount is seasonable, considering the lapse of time from the finality of the judgment on March 2, 1972, and the issuance of the alias writ of execution on July 20, 1976.
RULING
The Supreme Court DISMISSED the petition for lack of merit. The filing of the motion on November 8, 1988, was held to be seasonable and well within the five-year period for execution by motion under Rule 39, Section 6 of the Revised Rules of Court. The Court ruled that the delay of more than ten years from the judgment’s finality should not be counted against PCIB because the delay was caused by NPC’s refusal to pay the garnished balance. The general rule is that the time during which execution is delayed by the debtor’s actions is excluded in computing the period for suing out an execution. The statute of limitations operates against those who sleep on their rights, not against those who are prevented from acting due to causes beyond their control.