HACIENDA NAVARRA, INC., PETITIONER, VS. FELIX MARTINEZ, JUDGE OF FIRST INSTANCE OF CEBU, JUAN SINGSON ET AL., RESPONDENTS.

It is prayed that this court, by means of a writ of certiorari, annul
the order of July 23, 1938, issued by the respondent judge in civil
case No. 10486 of the Court of First Instance of Cebu, alleging in the
petition that said order had been issued by the judge with manifest
abuse of discretion and in excess of jurisdiction.

In said
case judgment was rendered on November 4, 1937, absolving the
defendants Juan Singson et al., respondents herein, from the complaint
filed by the petitioner, Hacienda Navarra, Inc. In said decision the
counterclaim of the defendants was dismissed and it was held that the
intervenor Philippine National Bank had a lien on the proceeds of the
1935-1936 sugar crop raised on the lands referred to therein, which
proceeds were in the possession and custody of Juan Esteves, attorney
in fact of the parties. It was provided that said proceeds be applied
to the payment of the balance of the indebtedness of the defendant Juan
Singson set forth in the decision and that the remainder, if any
remains after payment of the credit of the intervenor, be paid over to
the defendant Juan Singson. On November 7, 1937, before the expiration
of the period for perfecting a bill of exceptions, that is, before the
decision in question became final and executory, the defendant Juan
Singson asked for the execution of the judgment and for the Philippine
National Bank at Cebu, by virtue thereof, to pay over to him any
balance of the proceeds of the sale of the sugar sold, after deducting
any lien or mortgage existing thereon. This motion was opposed by the
petitioner, and on December 6, 1937, the court issued an order
directing, for the considerations stated therein, that, upon the filing
of a bond in the sum of P15,000 by the defendant Juan Singson, the
judgment be executed and that said Attorney Juan Esteves deliver to
said defendant Juan Singson the proceeds of the sugar crop which he has
in his possession.

On December 10, 1937, Hacienda Navarra,
Inc., filed in this court a petition for certiorari, 6. R. No. 45912,
seeking the annulment of said order of December 6th for the execution
of the judgment. On May 24, 1938, this court overruled the petition and
on June 13th of said year denied the motion for reconsideration filed
by the herein petitioner.

On June 3, 1938, the
respondent-defendant Juan Singson filed a motion with the court,
praying that the Philippine National Bank at Cebu be ordered to
deliver, out of the money deposited by Juan Esteves as attorney in fact
of Hacienda Navarra, Inc., and of Juan Singson et al., the sum of
P19,685.51 to the defendants, and the sum of P3,000 to Attorney Pedro
Lopez, for the latter’s lien, alleging in said motion that, by virtue
of the decision rendered in the petition for certiorari, the order of
the court dated December 6th had acquired full force and effect. This
motion was supplemented by another of the 4th of said month of June.
The petitioner filed its opposition to said motion on the 6th of said
month, and on June 23, 1938, the court issued the order which has given
rise to this petition, directing compliance with the order of December
6th issued for the execution of the judgment. On the same date, the
petitioner sought reconsideration of said order, which was denied by
the court on the 27th of the same month.

On June 24th, a
writ of execution was issued, ordering the sheriff to collect from the
Philippine National Bank the entire amount of money which had been
deposited by the manager thereof Juan Esteves, and to deliver the same
to Juan Singson or to his attorney, after deducting therefrom the sum
of P3,000 to be delivered to said attorney.

The petitioner
contends that the order of June 23, 1938, was issued by the respondent
judge without jurisdiction because, inasmuch as the decision rendered
in said civil case No. 10486 had been appealed from not only by the
petitioner but also by the defendants Juan Singson et al., and as the
case had been elevated to this court, the lower court has lost its
jurisdiction to consider any motion for the execution of the judgment.

Upon consideration of the present petition, this court finds:

(1) That while it is true that the defendant Juan Singson appealed from
the judgment, his appeal has, however, been limited to that part of the
decision of the court dismissing the counterclaim of the defendants
against the plaintiff, because the motion for new trial filed by him on
December 6, 1937, in lieu of that filed on the 4th of said month,
clearly sought the holding of a new trial only as to that part of the
decision which overruled the claim for damages made in the counterclaim
of the defendants against the plaintiff.

(2) That the order
of June 23, 1938, which gave rise to the present petition, has for its
purpose only the enforcement of the order of December 6, 1937, issued
for the execution of the judgment; which order was suspended by virtue
of the petition for certiorari (G. R. No. 45912, May 24, 1938, 38 Off.
Gaz., 1191), filed in this court for the purpose of annulling it. In
denying said petition, this court sustained the validity of said order
of December 6th, and consequently, the respondent judge, in enforcing
it and giving it effect by means of his order of June 23d, has not
abused or exceeded the exercise of his jurisdiction as alleged in the
present petition for certiorari. The petition is dismissed, with costs
to the petitioner. So ordered.

Avanceña, C. J., Villa-Real, Abad Santos, Imperial, Diaz, and Laurel, JJ., concur.