FAR EAST REALTY INVESTMENT, INC., PETITIONER, VS. HON. JOSE N. LEUTERIO, PRESIDING JUDGE, BRANCH II, COURT OF FIRST INSTANCE OF MANILA; ANG KA CHUI AND VIRGINIA OCSON ANG, DOING…

On March 16, 1965 the city court of Manila rendered a judgment
ordering the spouses Ang Ka Chui and Virginia Ocson Ang to vacate Pasillo B 15-17-19 located on the ground floor of the Republic
Supermarket Bldg., Rizal Avenue, Sta. Cruz, Manila
and to pay Far East Realty Investment, Inc. the sum of P2,145 as back rentals
from April, 1964 and P429 as current monthly rental beginning September, 1964,
plus certain amounts as electric and water bills and attorney’s fees (Civil
Case No. 125189).

The spouses appealed to the Court of First Instance of
Manila.  On May 3, 1965, or after the appeal was perfected, the city
court amended its judgment by deleting from the dispositive
part the order for the payment of the current rentals.

On June 16, 1965
Far East Realty Investment, Inc. filed in the Court of First Instance a motion
for execution of judgment on the ground that the said spouses did not deposit
in court the current rentals (Civil Case No. 61014).  The lower court denied the motion because the
amended decision did not provide for the payment of current rentals.

On September 11, 1965
Far East Realty Investment, Inc. filed a petition for certiorari and mandamus
in this Court.  It assailed the lower
court’s order denying its motion for execution. 
It contended that the lower court gave force and effect to the amendment
of the city court’s decision which was effected after it had lost jurisdiction
over the case.

The Ang spouses answered the petition.  Thereafter, the parties submitted
memoranda.  The case was submitted for
decision on November 15, 1965.

On February 24, 1977
this Court required the parties to inform this Court as to whether this case
had become moot and academic.

The parties in their respective manifestations dated May 9 and
10, 1977 stated that this case had become moot and academic because the Ang spouses vacated the premises on May 11, 1966, and the
lower court’s judgment of August 23, 1966, in favor of Far East Realty
Investment, Inc., which became final, was never executed since the business of
the defendant spouses “became inexistent” and defendant Ang Ka Chui died on August 17, 1970.

WHEREFORE, this case is dismissed for having become
moot.  No costs.

SO ORDERED.

Fernando, (Chairman), Antonio, Muñoz
Palma, and Martin, JJ.,
concur.

Barredo, J., did not take part.