G.R. No. L-1331. July 30, 1947
CARLOTA SAMSON, PETITIONER, VS. EMILIO PEÑA, JUDGE OF FIRST INSTANCE OF MANILA, VALERIANO FUGOSO, MAYOR OF MANILA, SILVESTRE TORRES, ACTING MARKET ADMINISTRATOR, MARIANO C. ICAS…
Decisions / Signed Resolutions July 30, 1947
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EXECUTION PENDING APPEAL.—The respondent judge issued an
order of execution pending appeal, and the order was entered at the foot of the
motion of the prevailing party, wherein it is stated that further delay of
execution would be to the great prejudice, irreparable damage and loss of the
business to said party. Held: Upon the same considerations set forth in
Buenaventura vs. Peña (supra, p. 795), which involves also market
stalls, the instant case has to be disposed of adversely to the
petitioner.
order of execution pending appeal, and the order was entered at the foot of the
motion of the prevailing party, wherein it is stated that further delay of
execution would be to the great prejudice, irreparable damage and loss of the
business to said party. Held: Upon the same considerations set forth in
Buenaventura vs. Peña (supra, p. 795), which involves also market
stalls, the instant case has to be disposed of adversely to the
petitioner.