G.R. No. L-1032; November 23, 1946
AMANDA IÑIGO, petitioner, vs. GUILLERMO CABRERA, Judge of the Municipal Court of Manila, and LUISA DE LA FUENTE, respondents.

FACTS

Petitioner Amanda Iñigo is the defendant in an ejectment suit (Civil Case No. 1954) before the Manila Municipal Court, filed by respondent Luisa de la Fuente, the new owner of the premises located at No. 138-B, Guipit, Sampaloc. De la Fuente sought to recover possession of the apartment, which Iñigo had leased from the previous owner. After hearing, respondent Judge Guillermo Cabrera rendered a decision on August 27, 1946, ordering Iñigo to vacate the premises and to pay the plaintiff: (1) the sum of P22 as the reasonable value of rent for the period of June 9 to 30, 1946; and (2) “the further sum of P100 monthly, by way of damages, beginning July 1, 1946 until the defendant vacates and surrenders to the plaintiff the premises in question,” plus costs. Iñigo filed a motion for reconsideration, vigorously objecting to the award of P100 monthly damages, but the motion was denied. She then perfected her appeal to the Court of First Instance. Anticipating that she might be unable to make the monthly P100 deposits during the pendency of the appeal, and fearing this would lead to the execution of the ejectment order, Iñigo filed this special civil action for certiorari to annul the judicial order, alleging it was in excess of jurisdiction or constituted a grave abuse of discretion. Respondents countered that the order was valid and that certiorari was not the proper remedy since an appeal was available.

ISSUE

Whether the writ of certiorari is the proper remedy to annul the municipal court’s order awarding P100 monthly “damages” in an ejectment case, given the availability of an appeal.

RULING

The petition for certiorari is denied. The Supreme Court held that the general rule is that the writ of certiorari will not issue whenever there is a remedy by appeal, and this principle is decisive against the petitioner. While the Court noted that, in light of its controlling decisions, the award for damages in the illegal detainer case might be considered improper and erroneous, a specific pronouncement on that point was deemed unnecessary. This is because the ejectment proceedings were already pending on appeal in the Court of First Instance of Manila, where any mistake on the matter could be expeditiously corrected. The Court addressed Iñigo’s fear of execution for non-payment of the monthly P100 by pointing out that, under the Rules of Court (Rule 72, section 8), she was not required to make such periodic deposits. The pleadings and decision showed, and respondents’ attorney admitted, that the P100 did not represent a finding on reasonable rentals or compensation for use and occupancy. Furthermore, respondents’ attorney expressly stated at the hearing that, knowing the amount to be for damages and not rentals, he had no intention to seek execution of the ejectment order should petitioner fail to make the monthly payments. Consequently, the Court found no basis to grant the extraordinary writ of certiorari. No costs were awarded.
Separate Concurring Opinion (Justice Perfecto):
Justice Perfecto concurred in the result, agreeing to dismiss the petition based on the express commitment made by respondents’ attorney not to seek execution for non-payment of the P100 monthly damages. However, he strongly opined that the municipal court’s award of “P100 monthly by way of damages,” after itself finding the reasonable rental to be P22 for 22 days (or one peso a day), was evidently arbitrary, illegal, and adjudicated in excess of jurisdiction. He cited the Court’s ruling in Mitschiener vs. Barrios regarding what damages may be adjudicated under Rule 72. He further noted that the respondent judge had stated the award was intended to discourage the petitioner from appealing, which he condemned as a brazen violation of the constitutional right to appeal and the judge’s oath of office. He emphasized that the dismissal should not be seen as countenancing such judicial arbitrariness.