GR L 1792; (January, 1948) (Digest)
G.R. No. L-1792; January 28, 1948
FLAVIANO ROMERO, petitioner, vs. SOTERO RODAS, LADISLAO PASICOLAN, and DOLORES P. DE ESPEDIDO, respondents.
FACTS
Petitioner Flaviano Romero was the defendant in an ejectment case (forcible entry and detainer) filed by respondent Dolores P. de Espedido concerning commercial premises on Rizal Avenue, Manila. The Municipal Court ordered Romero to vacate the premises and pay P200 monthly as “reasonable compensation for the use and occupation” from February 1, 1947. Romero appealed to the Court of First Instance, filing a supersedeas bond of P1,000 and having previously deposited P240 for rents during the Municipal Court proceedings. During the appeal, Romero failed to make further monthly deposits. The landlord moved for execution of the judgment under Rule 72, Section 8 of the Rules of Court, which was granted by Judge Sotero Rodas. Romero sought certiorari from the Supreme Court to annul the execution order.
ISSUE
Whether the Court of First Instance correctly granted the motion for execution of the ejectment judgment due to the tenant-appellant’s failure to make monthly deposits of the adjudicated amount during the pendency of his appeal.
RULING
Yes. The Supreme Court upheld the order of execution. The Court ruled that under the Rules of Court and applicable jurisprudence, a tenant appealing an ejectment judgment must not only file a supersedeas bond but also deposit the monthly rents as adjudicated by the lower court during the pendency of the appeal. Romero’s failure to make these monthly deposits after his initial P240 deposit entitled the landlord to immediate execution. The Court rejected Romero’s argument that his supersedeas bond and initial deposit covered future rents, clarifying that the bond and monthly deposits are separate requirements. The Court also found Republic Act No. 66 (which prohibits ejectment for non-payment of rent unless deliberate) inapplicable, either because the premises were commercial or because the law could not be invoked at that procedural stage.
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