G.R. No. L-1398. May 28, 1947
ANTONIO LIM TAY, PETITIONER, VS. GUILLERMO CABRERA, AS JUDGE OF MUNICIPAL COURT OF MANILA, AND CUA YU TIONG, RESPONDENTS.
Decisions / Signed Resolutions May 28, 1947
EJECTMENT; AMICABLE SETTLEMENT APPROVED BY COURT; IMMEDIATE EXECUTION.—Where
judgment had been rendered upon agreement of the parties in an ejectment case
specifically designating the date of ouster and stipulating that upon his
failure to vacate “plaintiff shall be entitled to ask for the immediate
execution,” there is no need of previous notice upon the defendant specially if
there is no allegation of prejudicial effects of such failure to
notify.
judgment had been rendered upon agreement of the parties in an ejectment case
specifically designating the date of ouster and stipulating that upon his
failure to vacate “plaintiff shall be entitled to ask for the immediate
execution,” there is no need of previous notice upon the defendant specially if
there is no allegation of prejudicial effects of such failure to
notify.