GR L 1543; (April, 1948) (Digest)
G.R. No. L-1543; April 30, 1948
JULIAN SOGUECO, petitioner, vs. FELIPE NATIVIDAD, Judge of First Instance of Manila, and GABRIELA DE LEON VDA. DE MENDOZA, respondents.
FACTS
Respondent Gabriela de Leon Vda. de Mendoza filed an unlawful detainer case against petitioner Julian Sogueco in the Manila municipal court to recover possession of a house, back rents, and compensation for use and occupation. The municipal court ruled in favor of the plaintiff, ordering the defendant to pay back rents and reduced compensation. The defendant appealed to the Court of First Instance. The trial judge, respondent Judge Felipe Natividad, required the defendant to post a P1,000 bond to stay execution of the judgment. The defendant objected, arguing that under the precedent set in Mitschiener vs. Barrios, his deposit of the rents and compensation adjudged by the court made such a bond unnecessary.
ISSUE
Whether the trial court erred in requiring the defendant to file a supersedeas bond to stay execution of the judgment in an unlawful detainer case, despite the defendant having deposited the rents and compensation awarded.
RULING
No. The Supreme Court set aside the trial court’s order, ruling that the Mitschiener case controls. The Court held that to stay execution in an unlawful detainer case, the defendant is only required to pay or deposit the current rents as they fall due. The supersedeas bond primarily secures the payment of rents in arrears, and since the defendant had made deposits covering the back rents and compensation, these deposits effectively took the place of the bond. The reduction in the monthly compensation awarded by the lower court was immaterial to this requirement.
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