GR L 62878; (May, 1983) (Digest)
G.R. No. L-62878 May 30, 1983
MARGOT B. DE LOS REYES, ET AL., petitioners, vs. JUDGE IGNACIO M. CAPULONG and PROVINCE OF PAMPANGA, respondents.
FACTS
This case originates from a 1976 expropriation proceeding filed by the Province of Pampanga against the petitioners’ land. The Province contended the fair market value was P62,070 and initially deposited P19,170, representing the assessed value, which the petitioners withdrew with accrued interest. The trial court, presided by respondent Judge Ignacio Capulong, fixed just compensation at seven pesos per square meter, amounting to a sum significantly higher than the Province’s valuation. The Province appealed this decision to the Court of Appeals.
Subsequently, the petitioners filed a motion for immediate execution of the trial court’s decision pending the appeal. Judge Capulong denied this motion. The petitioners then filed the instant certiorari petition to challenge the denial of their motion for execution pending appeal.
ISSUE
The primary issue is whether the trial court committed grave abuse of discretion in denying the motion for execution pending appeal. A subsidiary issue involves the proper computation of the interim payment due to the petitioners from the Province during the pendency of the appeal.
RULING
The Supreme Court dismissed the petition, finding no grave abuse of discretion in the denial of execution pending appeal. The Court clarified that such execution is discretionary and permissible under the Rules of Court, provided the movant files a good and sufficient surety bond. The petitioners’ failure to secure such a bond justified the trial court’s denial. The Court advised the petitioners that they could refile their motion in the Intermediate Appellate Court (now the Court of Appeals) if the appeal was unduly delayed.
On the matter of interim payment, the Court resolved the partial agreement between the parties. The Province, in its answer, expressed willingness to pay the petitioners the amount of P62,070, minus the sum of P27,505.72 (the initial deposit plus accrued interest) already withdrawn. This left an uncontested balance of P34,564.28. The Court directed the Province to pay this amount immediately to the petitioners. However, a dispute remained over whether the P8,335.72 already received constituted interest or part of the principal. The Supreme Court ruled that this specific issue should be adjudicated in the main expropriation appeal pending before the Intermediate Appellate Court, leaving the final determination of interest liability for that forum.