G.R. No. 30279, August 26, 1929
MAXIMO GUILLENA, petitioner, vs. CANDELARIO BORJA, Judge of the Twentieth Judicial District, and MACARIO SUMAMPAN, respondents.

FACTS

Maximo Guillena filed an unlawful detainer case against Macario Sumampan before the justice of the peace of Talisayan, Misamis. The court ruled in favor of Guillena, ordering Sumampan to vacate the premises. It further ordered that if Sumampan appealed, he must deposit a monthly rental of P10 with the Court of First Instance on or before the tenth day of each succeeding month during the appeal’s pendency. Sumampan appealed to the Court of First Instance but failed to pay the required rental. Consequently, on Guillena’s motion, the court issued an order on April 9, 1927, for the execution of the judgment, without prejudice to the appeal. Later, on March 17, 1928, a different judge of the same court, upon Sumampan’s motion, set aside the April 9, 1927 order. This later order was based on the ground that Sumampan had made improvements on the land and allowed him to be restored to possession upon posting a P1,000 bond.

ISSUE

Whether the Court of First Instance acted with grave abuse of discretion amounting to lack or excess of jurisdiction in setting aside the execution order for non-payment of the required monthly rental during the appeal, based on the defendant’s claim of having made improvements on the land.

RULING

Yes. The Supreme Court granted the petition for certiorari. The statutory provision requiring an appellant in an unlawful detainer case to pay the determined rent during the pendency of the appeal is mandatory. Failure to make such payment automatically results in the execution of the judgment. The court has no discretion to excuse this failure or to refuse execution. The ground invoked by the respondent judgethat the defendant made improvementsis immaterial and does not justify non-compliance, as such improvements could have been made in bad faith. Accordingly, the order dated March 17, 1928, was set aside, and the order of execution dated April 9, 1927, was reinstated. No costs were awarded.