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  • Jalandoni vs. PNB

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    Abegail Galedo
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    This case involved a final judgment ordering Eduardo Jalandoni to pay the Philippine National Bank (PNB) within five years. The sheriff levied Jalandoni's property but no sale was conducted. After more than ten years, Jalandoni petitioned to cancel the levy, arguing the claim was prescribed. PNB argued execution could occur beyond ten years if levy was made within five years. The Supreme Court ruled that while a valid levy within five years allows later enforcement through sale, the sale must still occur within ten years of judgment. Here, PNB employees were negligent by not requiring the sheriff to sell, so PNB could not enforce the claim.

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    JALANDONI VS. PNB

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    This case involved a final judgment ordering Eduardo Jalandoni to pay the Philippine National Bank (PNB) within five years. The sheriff levied Jalandoni's property but no sale was conducted. After more than ten years, Jalandoni petitioned to cancel the levy, arguing the claim was prescribed. PNB argued execution could occur beyond ten years if levy was made within five years. The Supreme Court ruled that while a valid levy within five years allows later enforcement through sale, the sale must still occur within ten years of judgment. Here, PNB employees were negligent by not requiring the sheriff to sell, so PNB could not enforce the claim.

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    © All Rights Reserved
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    36 views1 page

    Jalandoni vs. PNB

    Uploaded by

    Abegail Galedo
    This case involved a final judgment ordering Eduardo Jalandoni to pay the Philippine National Bank (PNB) within five years. The sheriff levied Jalandoni's property but no sale was conducted. After more than ten years, Jalandoni petitioned to cancel the levy, arguing the claim was prescribed. PNB argued execution could occur beyond ten years if levy was made within five years. The Supreme Court ruled that while a valid levy within five years allows later enforcement through sale, the sale must still occur within ten years of judgment. Here, PNB employees were negligent by not requiring the sheriff to sell, so PNB could not enforce the claim.

    Copyright:

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

    Galedo, Abegail P.

    375. JALANDONI VS. PNB

    PETITIONER : Eduardo Jalandoni


    RESPONDENT : Philippine National Bank
    DATE : October 9, 1981
    PONENTE : Aquino, J. 
    TOPIC : Execution, Satisfaction and Effect of Judgments

    FACTS:

     There was a final judgment wherein petitioner Jalandoni was ordered to pay PNB within five (5)
    years from entry of judgment. The sheriff levied upon Jalandoni’s property but the sale was never
    conducted or initiated by the bank.
     After more than ten (10) years, Jalandoni filed a petition for cancellation of levy on the ground of
    prescription. This was opposed by the bank contending that execution sale can be made even
    beyond ten-year period.
     Jalandoni filed with the same court an action to quiet title or for cancellation of notice of embargo.
    Judgment was rendered dismissing the complaint.

    ISSUE:

    WON execution sale can be made beyond ten-year period for enforcing the judgment as long as
    the levy was effected within five years from entry of judgment

    HELD:

     An action upon a judgment must be brought within ten years from the time the right of action
    accrues (Art. 1144, Civil Code)

     A valid execution issued and levied made within five-year period after entry of judgment may be
    enforced by sale of property levied upon thereafter, provided the sale is made within ten years
    after entry of judgment.

     The trial court did not err in not applying this ruling since PNB employees were themselves,
    negligent. They did not require the sheriff to sell Jalandoni's land at public auction. The bank is
    bound by its employees' negligence. This case should teach the responsible officers of the bank to
    be more vigilant in exercising its rights and in supervising its employees. The law helps the diligent
    and vigilant, not those who sleep on their rights.

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