G.R. No. L-2484; May 18, 1949
LEE KO, petitioner, vs. DIONISIO DE LEON, Judge of the Court of First Instance of Manila, and CHE TUNG, respondents.

FACTS

The Municipal Court of Manila rendered a judgment in favor of Lee Ko, ordering the respondent Che Tung to vacate the premises and pay rents. Che Tung appealed and filed a supersedeas bond to stay execution. However, Che Tung failed to pay or deposit in court the rents for June and July 1948 as they became due. Lee Ko moved for immediate execution of the municipal court’s judgment due to this failure. The respondent Judge, instead of granting execution, gave Che Tung a ten-day period to deposit the overdue rents.

ISSUE

Whether the respondent Judge acted with grave abuse of discretion in granting Che Tung an extension to deposit the overdue rents instead of ordering execution for failure to comply with the conditions for staying execution under Rule 72.

RULING

Yes. The Supreme Court granted the petition. The respondent Judge acted with grave abuse of discretion. Under Rule 72 (now Rule 70 of the Rules of Court), the failure to pay or deposit rents as they become due is a ground for immediate execution of the appealed judgment. The grant of a ten-day extension was not justified, as Che Tung’s failure was not due to fraud, accident, mistake, or excusable negligence that would warrant relief under Rule 38. The order of August 21, 1948, was set aside, and the trial court was commanded to issue a writ of execution for the municipal court’s judgment.

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