G.R. No. L-1558. November 28, 1947
MAGDALENA ASE, PETITIONER, VS. SOTERO RODAS, JUDGE OF FIRST INSTANCE OF MANILA, ET AL., RESPONDENTS.
MORAN, C.J.:
of Manila. The judgment rendered by the municipal court was by confession of the
defendant the herein petitioner. During the pendency of the appeal in the Court
of First Instance, defendant-appellant failed to deposit the rent corresponding
to the month of May, 1947. No explanation whatsoever was given for such failure,
and, on motion of plaintiff-appellee, the judgment rendered by the municipal
court was executed. Hence, this petition for certiorari and prohibition.
Petitioner maintains that she has complied with all the requirements of the
law, she having deposited all the rents that should have been deposited. It
appears, however, from the record that the rent corresponding to the month of
April, 1947, which should have been deposited on or before May 10, was actually
deposited on the 27th of that month. But the rent corresponding to the month of
May has never been deposited. A deposit was made on July 3, 1947, corresponding
to the month of June. But failure to deposit rent for the month of May has not
been explained.
Petitioner also maintains that the amount of back rentals to which she was
sentenced by the municipal court was P440 covering the months of November 1946
to March 1947; but she filed a supersedeas bond in the amount of P740 and the
excess of P300 should be applied to the succeeding months of April, May, and
June. The theory has no support in our rules. The filing of a supersedeas bond
does not exempt appellant in an unlawful detainer case from depositing the rents
accruing after the decision is rendered.
Petition is denied, without costs.
Feria, Pablo, and Bengzon,
JJ., concur.