GR L 2139; (May, 1948) (Digest)
G.R. No. L-2139; May 12, 1948
NG SIU TAM, ET AL. vs. RAFAEL AMPARO, ET AL.
FACTS
Petitioners Ng Siu Tam et al. were sublessees of tenants (the Aguasins) in a property owned by respondent Jose M. Ocampo. Ocampo obtained a final judgment of eviction against the Aguasins in an ejectment case. When the sheriff moved to execute the judgment, the petitioners, who were not parties to that case, moved for a declaration that they were not bound by the decision. The court denied their motion and granted them 30 days to vacate. Petitioners filed this certiorari proceeding, alleging they had an agreement with Ocampo to remain under the same conditions as the Aguasins and had filed a separate action to enforce it.
ISSUE
Whether the final eviction order against the principal tenants (Aguasins) also applies to and binds their sublessees (petitioners).
RULING
Yes. The Supreme Court dismissed the petition, ruling that the eviction order affects the sublessees as well. The Court cited prior jurisprudence (De la Cruz vs. Roxas; Gozon vs. De la Rosa) holding that a judgment of ejectment against the lessee is enforceable against the sublessees. The Court found the allegation of a separate agreement with Ocampo unsubstantiated, as respondents denied it and petitioners’ own sworn statements admitted no such contract existed. Equitably, petitioners were aware of the ejectment proceedings and were given ample time to vacate. The preliminary injunction was dissolved.
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