JULIAN SOGUECO, PETITIONER, VS. FELIPE NATIVIDAD, JUDGE OF COURT OF FIRST INSTANCE OF MANILA, AND GABRIEL DE LEON VDA. DE MENDOZA, RESPONDENTS.

It appears that respondent Gabriela de Leon Vda. de Mendoza brought suit for
unlawful detainer in the municipal court of Manila against Julian Sogueco to
recover the possession of a house, back rents at P80.00 a month for November and
December, 1946, and compensation for the use and occupation of the premises at
the rate of P200 monthly from January 1, 1947. On February 6, 1947, the
municipal court gave judgment for the plaintiff granting all the reliefs prayed
for except that the last item—compensation for the use of the house from January
1, 1947—was reduced to P100. Having appealed from that decision to the Court of
First Instance, the Honorable Felipe Natividad, Judge, acting upon a motion of
the plaintiff required the defendant, now petitioner, to file a bond of Pl,000
as a condition for the stay of execution of the judgment. The defendant took
exception to this order contending, on the authority of Mitschiener vs.
Barrios, L-112, 42 Off. Gaz., 1901, that the deposit by him of the rents and
compensation adjudged by the court makes such a bond unnecessary.

The Mitschiener decision controls the case at bar. The only difference
pointed out between the two cases is that here, the monthly compensation for the
use and detention of the house after January 1, 1947, demanded by the lessor has
been reduced, a diminution which, it. is contended, is an item of lawful and
recoverable damages in this jurisdiction. Under the rule laid down in the case
of Mitschiener, the reduction is immaterial. This Court said in that case that
to stay execution of the decision the defendant is only required to pay or
deposit the current rents as they fall due. It was held that “the supersedeas
bond * * * has in effect, the purpose of securing only the payment of rents in
arrears.” The Court stated that there are practically no damages “to be
adjudicated except the loss of rents or their equivalent”, and that “the
deposits made by petitioner of the back rents * * * may have taken the place of
the supersedeas bond.”

The order complained of is set aside with costs against the respondent
Gabriela de Leon Vda. de Mendoza.

Feria, Pablo, and Perfecto,
JJ., concur.