GR L 2525; (April, 1949) (Digest)
G.R. No. L-2525. April 26, 1949.
MARY BURKE DESBARATS and ANTONIO T. CARRASCOSO, JR., as executor of the estate of W. J. Burke, deceased, plaintiffs-appellants, vs. TOMAS DE VERA, defendant-appellant.
FACTS
Plaintiffs sued for ejectment and recovery of unpaid rentals concerning the Burke Building. The Municipal Court ordered defendant to vacate and pay P19,000 monthly rental. On appeal, the Court of First Instance (CFI) also ordered defendant to surrender possession but reduced the rental to P10,400 monthly. Both parties appealed. After the CFI decision, defendant delivered most of the building to plaintiffs “in accordance with” the CFI decision but retained a small portion for his office. Plaintiffs accepted the delivery but demanded he vacate the retained portion. The CFI later issued an order allowing defendant to retain that portion at P2,000 monthly rental, but this order was issued after the records on appeal had been approved. Plaintiffs moved for immediate execution of the judgment for possession.
ISSUE
Whether the defendant, by partially delivering possession of the premises in accordance with the CFI decision, is estopped from appealing the judgment concerning possession, warranting immediate execution.
RULING
Yes. The Supreme Court granted the motion for immediate execution of the judgment ordering defendant to surrender full possession. By voluntarily delivering the greater portion of the building expressly in accordance with the CFI decision, defendant acquiesced to and partially executed the judgment on possession, estopping him from assailing it on appeal. The judgment for possession is indivisible. The CFI order allowing retention of a portion is null and void, as it was issued after the court lost jurisdiction upon approval of the records on appeal. A void order can be attacked collaterally, and the motion for execution is a plain, speedy, and adequate remedy. The lease contract had also expired, and defendant’s appeal notice specified only “incidental matters,” not the ejectment to which he had conformed.
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