G.R. No. 20711; September 25, 1923
JUAN TOMBOC, petitioner, vs. THE COURT OF FIRST INSTANCE OF PANGASINAN and GERARDO NABOR, respondents.

FACTS

Petitioner Juan Tomboc appealed to the Court of First Instance (CFI) from a judgment of the justice of the peace court in a forcible entry and detainer case, where respondent Gerardo Nabor was the victorious plaintiff. During the pendency of the appeal, the CFI, upon Nabor’s motion, issued an execution of the appealed judgment. Tomboc filed this certiorari proceeding, claiming the execution was issued in excess of jurisdiction and seeking its annulment and restitution of possession. The parties stipulated on the facts, raising the issue of whether the bond given by Tomboc was sufficient to prevent execution. The appealed judgment ordered Tomboc to return possession of the land to Nabor and pay P400 as damages for use and occupation. Tomboc filed a bond for P400 “to answer for, and secure, the payment of the rents, damages, and costs… that might be adjudged on appeal.” However, the judgment also fixed the monthly product of the land at P33.33 1/3. Tomboc failed to make this monthly payment to Nabor or the court as required by Section 88 of the Code of Civil Procedure, as amended.

ISSUE

Whether the Court of First Instance acted in excess of jurisdiction or with grave abuse of discretion in issuing the execution of the judgment of the justice of the peace court pending appeal.

RULING

No. The CFI did not act in excess of jurisdiction or with grave abuse of discretion. Under Section 88 of the Code of Civil Procedure, as amended, an appellant in a forcible entry and detainer case must not only file a supersedeas bond but must also pay the appellee (or deposit with the court) the rents, damages, and costs adjudged in the appealed judgment, accruing during the appeal, on or before the 10th day of each month. The bond filed by Tomboc secured the payment of the P400 damages adjudged, but it did not excuse him from the statutory obligation to make the monthly payments of P33.33 1/3, representing the accruing rents/damages during the appeal. His failure to make these monthly payments gave the judgment creditor, Nabor, the right to have execution issued upon the appealed judgment. Therefore, the CFI’s order granting execution was based on the law and facts and was issued with complete jurisdiction. The petition for certiorari was dismissed.