Sura v Martin; G.R. No. L-25091; 29 Nov 1968; 26 SCRA 286

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Appellant was the losing party in a civil case for support. The trial court ordered his arrest and imprisonment for failure to pay such support.

Whether or not his arrest and imprisonment were illegal.

YES. The sheriff’s return shows that the judgment debtor was insolvent. The orders, in effect, authorized his imprisonment for debt in violation of the Constitution.

Appealed orders are REVERSED.

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