Record of the Senate - Integrated Bar of the Philippines

44 TUESDAY, MAY 8, 2012Mr. Ginez. It is found, Your Honor, in Section 9, Execution of Judgments for Money, HowEnforced, and this is under paragraph (b), Satisfaction by Levy. And I direct the attention of theesteemed Counsel of the Defendant on subparagraph (4), and it states, I read it for the record: “Realproperty, stocks, shares, debts, credits, and other personal property or any interest in either real orpersonal property may be levied upon in like manner and with like effect as under a writ of attachment.”The Presiding Officer. All right.Mr. Ginez. So, maybe, Justice Cuevas has forgotten his rules, Your Honor. [Laughter]Mr. Cuevas. I have been teaching the subject for no less than three decades, Your Honor. Andthe law, together with the jurisprudence and the point, is very specific. You do not apply the rule onattachment. What the law simply means by the levy could be effected similar to that of attachment ismerely an analogy of the process that will have to be undertaken. But, definitely, the rule on attachmentdoes not apply in execution.The Presiding Officer. At any rate, this will be evaluated by the Court. What is material hereis, he is testing the credibility of this Witness. Because even the Court is interested to find out whetherindeed there was machination in the....to be frank about it, whether there was machination in the saleof the shares.Mr. Cuevas. Yes, Your Honor. We are very appreciative for the Court going that far.The Presiding Officer. That is the understanding of this Chair with the tendency of the questions.Mr. Cuevas. But if the Court will notice, Your Honor, and with the kind indulgence of the Court,the question before was predicated on Rule 57, not on this particular rule that he is now citing.The Presiding Officer. Anyway, let us not wrangle on this. We are all intelligent people.We will take that into account. Let the Witness answer.Mr. Cuevas. What is the question now?Mr. Ginez. Ang tanong ko po sa inyo, Sheriff, ay iyong Notice of Garnishment ninyo na nakaaddresspo doon sa Basa-Guidote Enterprises ay hindi po nai-serve sa presidente o sa managingagent nito, hindi po ba? At ang totoo ay sa isang, sabi ninyo, caretaker lamang ng bahay na iyon.Mr. Bisnar. Opo, pero may sumagot po na officer ng Basa-Guidote.Mr. Ginez. Iyon. Pupunta po tayo doon, Sheriff. So, pagkatapos po ninyong mai-serve angNotice of Garnishment, ang sabi po ninyo ay may sumagot na “officer” ng Basa-Guidote?Mr. Bisnar. Opo.Mr. Ginez. Ito po ay si Cristina Roco Corona, Assistant Corporate Secretary, sa pamamagitanng isang sulat na ibinigay sa inyo.Mr. Bisnar. Opo.Mr. Ginez. And this was marked by the Defense, Your Honor, as Exhibit “179”.Mr. Bisnar. Opo.Mr. Ginez. At hindi po ba, Sheriff, na si—at alam ninyo na si Cristina Roco Corona ay siyarin ang private complainant sa kasong ito?