G.R. No. L-3236; August 11, 1950
ALFREDO CASTRO, petitioner, vs. JOSE T. SURTIDA, Judge of the Court of First Instance of Camarines Sur, and SINFOROSA CASTRO, respondents.

FACTS

Alfredo Castro and his sister Sinforosa Castro entered into an “amicable settlement” approved by the trial court as a judgment. Under the agreement, Alfredo ceded his rights to a lot to Sinforosa but was allowed to keep his house on it for two years without rent. After two years, Sinforosa could either pay the reasonable value of the house, or Alfredo could pay reasonable rent for the lot. If they could not agree on either value, Alfredo was to remove his house. After the two-year period, Alfredo offered to pay rent based on Republic Act No. 66 (rental law) but Sinforosa refused, demanding instead that he remove his house as she needed the lot. The trial court ordered Alfredo to remove his house and denied his appeal from that order, declaring it non-appealable. Alfredo then filed a petition for mandamus to compel the trial court to allow his appeal.

ISSUE

Whether the trial court’s order of execution, which interpreted the terms of the amicable settlement/judgment and ordered the removal of the house, is appealable.

RULING

Yes, the order is appealable. The Supreme Court set aside the trial court’s order denying the appeal and directed the respondent judge to permit the appeal and approve the record on appeal. While an order of execution of a final judgment is generally not appealable, an exception exists when the order varies or interprets the terms of the judgment in a manner that may not conform to its essence. Here, the terms of the agreement/judgment required further interpretation, especially in light of the invoked rental law and Sinforosa’s claim of need for the premises. The parties should be given an opportunity on appeal to argue their respective interpretations. The petition for mandamus was granted.

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