G.R. No. L-1529; January 26, 1948
JOSE BASILIO, petitioner, vs. FELIPE NATIVIDAD, ET AL., respondents.

FACTS

Petitioner Jose Basilio was the defendant in an ejectment case filed by respondent Domingo Queri in the municipal court of Manila. The municipal court ruled against Basilio. He appealed to the Court of First Instance (CFI). During the pendency of the appeal, Basilio failed to pay or deposit the rent for May 1947 (P400) by June 10, 1947, as required by Rule 72, Section 8 of the Rules of Court. Consequently, the CFI Judge, respondent Felipe Natividad, issued an order of execution of the judgment. Basilio filed this petition for certiorari and prohibition, seeking to annul the execution order. He argued that: (a) he had offered to pay the rent on June 10, but Queri refused to accept it; and (b) he had a counterclaim for useful improvements and expenses amounting to P2,714, which should compensate for the unpaid rent.

ISSUE

Did the respondent judge commit a grave abuse of discretion in issuing the order of execution?

RULING

No. The Supreme Court dismissed the petition. The issuance of the execution order was mandatory under Rule 72, Section 8, as Basilio was in default for failing to pay or deposit the rent due. His allegation of an offer to pay was unsubstantiated and illogical, given that Queri subsequently moved for execution. Even if true, Basilio could have made a consignation with the court, which he did not do. His claim for compensation based on useful improvements was not a valid defense to stop execution, as the claimed amount was not a liquidated, demandable debt but a mere allegation whose validity remained to be adjudicated. The only liquid and demandable debt at the time was the unpaid rent.

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