FABIANA QUIOGUE AND PRUDENCIO BUENAVENTURA, PLAINTIFFS AND APPELLEES, VS. TOMAS STA. TERESA, DEFENDANT AND APPELLANT.

This is an action brought in the justice of
the peace court of Tagig, Rizal, for the recovery of a certain sum of
money from the defendant. The justice of the peace court ordered the
defendant to pay to the plaintiffs the amount claimed and from said
decision the defendant appealed to the Court of First Instance.

On July 6, 1936, the Honorable Leopoldo Rovira dismissed the case,
without costs, for failure to prosecute it. On the 18th of the
following August the plaintiffs asked that the record of the case be
remanded to the justice of the peace court of Tagig so that the
judgment rendered by the latter court might be executed. On said date
the court granted said petition and this resolution was excepted to by
the defendant.

The only question raised before this court is whether or not it was
tenable to remand the case to, the justice of the peace court of
Taguig, for the execution of the judgment rendered therein by said
court, after it had been dismissed by the Court of First Instance.

The dismissal of the case was ordered by the court in accordance
with section 127, paragraph 3, of the Code of Civil Procedure, which
dismissal is not a bar to another action for the same cause. This means
that the dismissal in question did not again render operative the
appealed judgment, which was set aside by virtue of the appeal, as
distinguished from the case where it is the appeal which is dismissed,
the effect of which is to revive the appealed judgment. Therefore, as
the appealed judgment is inoperative, it cannot be executed.

Wherefore, the appealed resolution of the Court of First Instance
dated August 18, 1936, is reversed, with costs to the appellees. So
ordered.

Villa-Real, Abad Santos, Imperial, Diaz, Laurel, and Concepcion, JJ., concur.