G.R. No. L-9775; May 29, 1957
CITY OF BACOLOD, and MANUEL VILLANUEVA, in his capacity as Acting City Mayor of Bacolod City, petitioners, vs. HON. EDUARDO D. ENRIQUEZ, Judge of the Court of First Instance of Negros Occidental, JESUS QUIATCHON, JOSE T. REAL, MANUEL CABILES, and the wife and children of the late ALFREDO SCHWAB, respondents.

FACTS

1. In Civil Case No. 3269, the Court of First Instance of Occidental Negros rendered a decision on September 23, 1955, granting a writ of mandamus. The decision ordered respondent Acting City Mayor Manuel Villanueva to reinstate the petitioners (policemen Jesus Quiatchon, Jose T. Real, Manuel Cabiles, and Alfredo T. Schwab) to their former positions and to pay them their back salaries from the time of their illegal ouster until actual reinstatement. It also ordered the respondent to pay, from his personal funds, moral damages of P5,000 and exemplary damages of P2,500 to each petitioner.
2. The defendant (Acting Mayor Villanueva) jointly appealed the decision with the City of Bacolod to the Supreme Court. However, before the appeal was perfected, the trial court, upon motion of the petitioners (policemen) and over the defendant’s objection, issued an order for the immediate execution of the judgment. This order directed the Clerk of Court to issue execution for the reinstatement of the petitioners and the payment of their back salaries, to be complied with by the Acting City Mayor (for reinstatement) and the City Treasurer (for payment of back salaries).
3. After the denial of their motion for reconsideration, the City of Bacolod and Acting Mayor Villanueva filed the present petition for certiorari in the Supreme Court. They sought to enjoin the respondent Judge from compelling the reinstatement and to annul the order of immediate execution insofar as it would authorize a levy on city properties to satisfy the judgment for back salaries.
4. The Supreme Court issued a preliminary injunction to restrain the enforcement of the execution order.

ISSUE

Whether the respondent Judge acted with grave abuse of discretion in issuing the order for immediate execution of the judgment pending appeal.

RULING

The Supreme Court GRANTED the petition for certiorari, ANNULLED the order for immediate execution, and made the preliminary injunction PERMANENT.
1. Execution Against a Non-Party: While Section 2, Rule 39 of the Rules of Court allows execution pending appeal, such execution can only be issued against a party to the action. The City of Bacolod was not made a party to the mandamus case filed solely against its Acting Mayor. Although the execution order was directed to the Acting Mayor and the City Treasurer, its effect was to compel payment from city funds, thereby making the City—a non-party—satisfy part of the judgment without having had its day in court.
2. Absence of “Good Reasons”: Section 2, Rule 39 requires execution pending appeal to be based on “good reasons stated in a special order.” The respondent Judge’s stated reason—that the appeal was untenable and inferentially intended for delay—constituted a prejudgment of the appeal pending before the Supreme Court. This belief alone, without superior circumstances demanding urgency, is insufficient.
3. Potential for Irreparable Injury: The Court found that allowing immediate reinstatement and payment of back salaries from city funds pending appeal would cause irreparable injury. If the appeal is ultimately decided against the respondent policemen, the City would likely suffer irreparable harm as restitution from the policemen would be improbable. Furthermore, reinstating the policemen pending appeal would oust the current occupants of the positions before their right to hold them is finally determined.
4. Grave Abuse of Discretion: The issuance of immediate execution is discretionary, but such discretion must be properly exercised. The Supreme Court held that the respondent Judge committed a grave abuse of discretion in issuing the order under the circumstances, as the requirements of the law were not met and the potential for injustice was high.
Disposition: Petition granted. Order of immediate execution annulled. Preliminary injunction made permanent. No costs.