This case has been cited 3 times or more.
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2014-01-20 |
VELASCO JR., J. |
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| Clearly then under said Sec. 19, Rule 70, a judgment on a forcible entry and detainer action is made immediately executory to avoid further injustice to a lawful possessor. The defendant in such a case may have such judgment stayed only by (a) perfecting an appeal; (b) filing a supersedeas bond; and (c) making a periodic deposit of the rental or reasonable compensation for the use and occupancy of the property during the pendency of the appeal.[9] The failure of the defendant to comply with any of these conditions is a ground for the outright execution of the judgment, the duty of the court in this respect being ministerial and imperative. Hence, if the defendant-appellant has perfected the appeal but failed to file a supersedeas bond, the immediate execution of the judgment would automatically follow. Conversely, the filing of a supersedeas bond will not stay the execution of the judgment if the appeal is not perfected. Necessarily then, the supersedeas bond should be filed within the period for the perfection of the appeal.[10] | |||||
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2014-01-15 |
BERSAMIN, J. |
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| Alcala, the court a quo."[11] On the other hand, the Spouses Lopez filed in the RTC their motion for execution pending appeal on February 19, 2004. The ruling in Chua v. Court of Appeals[12] is instructive on the means of staying the immediate execution of a judgment in an ejectment case, to wit: As a general rule, a judgment in favor of the plaintiff in an ejectment suit is immediately executory, in order to prevent further damage to him arising from the loss of possession of the property in question. To stay the immediate execution of the said judgment while the | |||||
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2004-03-12 |
TINGA, J. |
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| Appeals,[28] the Court declared: As a general rule, a judgment in favor of the plaintiff in an ejectment suit is immediately executory, in order to prevent further damage to him arising from the loss of possession of the property in question. To stay the immediate execution of the said judgment while the | |||||