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

FACTS:
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.

ISSUE(S):
Whether or not his arrest and imprisonment were illegal.

RULING:
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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Category: Legal Chyme

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