GR L 2813; (November, 1949) (Digest)
G.R. No. L-2813. November 29, 1949.
FELIZA ARAGON, petitioner, vs. RAFAEL AMPARO and FRUCTUOSA RECLA VDA. DE GONZALES, respondents.
FACTS
Petitioner Feliza Aragon was a defendant in an ejectment case filed by respondent Fructuosa Recla Vda. de Gonzales in the Manila municipal court. The judgment ordered Aragon to vacate the land and pay back rents. Aragon appealed to the Court of First Instance (CFI) but failed to file a supersedeas bond and to pay the current rents as they fell due during the appeal, despite extensions granted by the CFI. Consequently, the CFI, upon plaintiff’s motion, ordered execution of the judgment. A writ of execution was issued, and later, a special order for the demolition of Aragon’s house was issued after she failed to comply. Six months after the demolition order, Aragon moved to suspend execution, deposited the unpaid rentals, and cited financial difficulties. The respondent judge denied her motion. Aragon filed a petition for certiorari, alleging grave abuse of discretion.
ISSUE
Whether the respondent judge committed grave abuse of discretion in denying the motion to suspend execution and in ordering execution despite the subsequent deposit of rentals by the petitioner.
RULING
No. The Supreme Court denied the petition. Under Rule 72, Section 8 of the Rules of Court, payment or deposit of rents during the pendency of an appeal in ejectment cases is mandatory and must be made within the period fixed by law (on or before the tenth day of each month). The Court has consistently ruled that failure to make such deposit on time, however short the delay, gives the appellee the right to execution, which the court is bound to grant. Petitioner’s deposit made more than ten months after the expiration of the last extension granted was not in compliance with the rule. Furthermore, Commonwealth Act No. 689 (the Rental Law), which allows suspension of execution, applies only to final and executory judgments, not to executions pending appeal. The respondent judge’s orders were in accordance with law.
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