G.R. No. L-2720. December 31, 1949
HEMANDAS UDHARAM, PETITIONER, VS. RAFAEL DINGLASAN, JUDGE OF THE COURT OF FIRST INSTANCE OF MANILA, RESPONDENT.
Decisions / Signed Resolutions December 31, 1949 MORAN, C.J.:
MORAN, C.J.:
This is a petition for certiorari arising from a case for illegal detainer
filed by respondents Ysabel Vda. de Padilla and others against petitioner
Hemandas Udharam in the Municipal Court of Manila. Judgment was rendered in said
case against petitioner and his codefendants ordering them to vacate the
premises and pay rents. A supersedeas bond of P1,000 was filed by petitioner
which was found insufficient by the court and withdrawn later by said
petitioner. Consequently, the defendants were ejected from the premises except
petitioner who remained thereon till July 11, 1946. Defendants failed to appeal
except petitioner against whom in the Court of First Instance a judgment was
rendered ordering him to pay jointly and severally with his codefendants the sum
of P3,000 a month from May 1 to July 11, 1946, and to pay costs. Udharam
appealed to the Court of Appeals but in the meantime a writ of execution was
issued against him unless a supersedeas bond of P8,000 be given by him, which he
did not.
filed by respondents Ysabel Vda. de Padilla and others against petitioner
Hemandas Udharam in the Municipal Court of Manila. Judgment was rendered in said
case against petitioner and his codefendants ordering them to vacate the
premises and pay rents. A supersedeas bond of P1,000 was filed by petitioner
which was found insufficient by the court and withdrawn later by said
petitioner. Consequently, the defendants were ejected from the premises except
petitioner who remained thereon till July 11, 1946. Defendants failed to appeal
except petitioner against whom in the Court of First Instance a judgment was
rendered ordering him to pay jointly and severally with his codefendants the sum
of P3,000 a month from May 1 to July 11, 1946, and to pay costs. Udharam
appealed to the Court of Appeals but in the meantime a writ of execution was
issued against him unless a supersedeas bond of P8,000 be given by him, which he
did not.
The writ of execution is valid. In forcible entry or illegal detainer cases,
where, as in the instant case, no sufficient supersedeas bond has been given to
stay execution of the judgment rendered against the defendants, such judgment
may be executed not only with respect to possession of the property but also as
to payment of rents.
Petition is denied with costs against petitioner.
Ozaeta, Pablo, Bengzon, Tuason, Montemayor, Reyes, and Torres,
JJ., concur.
Paras, J., concurs in the result.