Case Digest (G.R. No. L-24665)
Facts:
The case involves Tiburcio Alcober, Apolonia Alcober, and Lucia Alcober (hereinafter referred to as the Alcobers) as petitioners against Hon. Honorato Garciano, the presiding judge of the Court of First Instance in Carigara, Leyte, and respondents Saturnino Gardon, Gregoria Gler, Tranquilino Basea, and Herculano Basea (hereinafter referred to as the Baseas). The events leading to this case began with a civil suit filed by Gardon and Gler against the Alcobers to establish their title to a parcel of land and to annul the title issued in favor of the Alcobers, along with a claim for damages. The Baseas intervened in the case. On February 17, 1965, Judge Garciano ruled in favor of the plaintiffs and the Baseas, against the Alcobers. The Alcobers filed a notice of appeal on March 10, 1965, which was followed by the approval of their appeal bond and record on appeal on April 3, 1965. However, on April 7, 1965, the plaintiffs filed a motion for the execution of the judgment pending ...
Case Digest (G.R. No. L-24665)
Facts:
Parties Involved:
- Petitioners: Tiburcio Alcober, Apolonia Alcober, and Lucia Alcober (collectively referred to as the Alcobers).
- Respondents: Hon. Honorato Garciano (Presiding Judge, Court of First Instance, Carigara, Leyte), Saturnino Gardon, Gregoria Gler, Tranquilino Basea, and Herculano Basea.
Nature of the Case:
- The case originated from Civil Case No. 433 in the Court of First Instance of Leyte, Carigara, where the plaintiffs (Saturnino Gardon and Gregoria Gler) sought to establish their title to a parcel of land and annul the title issued in favor of the Alcobers. The Baseas (Tranquilino and Herculano) intervened in the case.
Judgment and Appeal:
- On February 17, 1965, respondent Judge Honorato Garciano rendered a judgment in favor of the plaintiffs and the Baseas, and against the Alcobers.
- The Alcobers filed a notice of appeal on March 10, 1965, and their appeal bond and record on appeal were approved on April 3, 1965.
Motion for Execution Pending Appeal:
- On April 7, 1965, the plaintiffs filed a motion for execution of the decision pending appeal, which was granted by the respondent Judge on April 20, 1965, directing the issuance of a writ of execution upon the posting of a bond.
- The Baseas also moved for execution on April 21, 1965, adopting the plaintiffs' motion.
- The Alcobers filed motions for reconsideration and to stay execution, but these were denied by the respondent Judge on May 17, 1965.
Issuance of Writ of Execution:
- On May 24, 1965, the clerk of court issued the writ of execution, prompting the Alcobers to file the present petition for certiorari to annul the order for execution.
Issue:
The primary issue in this case is whether the respondent Judge had jurisdiction to issue the order of April 20, 1965, directing the execution of the decision pending appeal, given that the motion for execution was filed after the perfection of the appeal by the Alcobers.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)