This case has been cited 2 times or more.
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2010-07-07 |
LEONARDO-DE CASTRO, J. |
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| Benedicto v. Court of Appeals[130] sets forth the following elucidation on the applicability of Rule 58 vis-à-vis Rule 70, Section 21 of the Rules of Court: This section [Rule 70, Section 21] presupposes that the defendant in a forcible entry or unlawful detainer case is unsatisfied with the judgment of the Regional Trial Court and decides to appeal to a superior court. It authorizes the RTC to immediately issue a writ of execution without prejudice to the appeal taking its due course. It is our opinion that on appeal the appellate court may stay the said writ should circumstances so require. | |||||
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2008-07-09 |
QUISUMBING, J. |
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| SEC. 21.Immediate execution on appeal to Court of Appeals or Supreme Court. The judgment of the Regional Trial Court against the defendant shall be immediately executory, without prejudice to a further appeal that may be taken therefrom. Thus, the judgment of the RTC against the defendant in an ejectment case is immediately executory. Unlike Section 19,[36] Rule 70 of the Rules, Section 21 does not provide a means to prevent execution; hence, the court's duty to order such execution is practically ministerial.[37] Section 21 of Rule 70 presupposes that the defendant in a forcible entry or unlawful detainer case is unsatisfied with the judgment of the RTC and decides to appeal to a superior court. It authorizes the RTC to immediately issue a writ of execution without prejudice to the appeal taking its due course. Nevertheless, it should be stressed that the appellate court may stay the said writ should circumstances so require.[38] | |||||