Case Digest (G.R. No. L-20034)
Facts:
Isabelo Astraquillo and Juanita J. Astraquillo v. Primitivo Javier and Amparo S. Javier, G.R. No. L-20034, January 30, 1965, the Supreme Court En Banc, Reyes, J., writing for the Court.Petitioners-spouses Isabelo and Juanita Astraquillo were plaintiffs in Civil Case No. Q-2276 before the Court of First Instance of Rizal (Quezon City, Branch V), and respondents-spouses Primitivo and Amparo Javier were defendants. After a protracted trial the trial court rendered judgment on August 23, 1961 dismissing the plaintiffs' complaint and ordering, among other things, the plaintiffs to vacate the premises, pay rentals and various sums (including P250.00 monthly rentals from April 1956, sums for actual and exemplary damages, attorney’s fees, and costs), with specified amounts to bear interest.
Plaintiffs filed their notice of appeal, appeal bond, and record on appeal on September 27, 1961. Defendants objected to the completeness of the record; plaintiffs amended and set it for approval on October 11 and later October 28, 1961. Meanwhile, defendants filed a Motion for Execution Pending Appeal on October 10, 1961 (amended October 25, 1961), alleging the plaintiffs' insolvency as a special reason for immediate execution; plaintiffs opposed.
On October 28, 1961 the trial court granted the motion, issuing an order that (i) found plaintiffs insolvent based on circumstances in the record (including asserted large arrears in rentals, admissions by plaintiff Isabelo of need for funds, and the insufficiency of levyable assets), and (ii) directed issuance of a writ of execution unless plaintiffs filed a supersedeas bond of P20,000 within ten days. Plaintiffs moved for reconsideration (filed November 28, 1961) which the trial court denied December 2, 1961; for failure to post the bond the sheriff was directed to enforce the writ.
The Astraquillos petitioned the Court of Appeals for certiorari to annul the trial court’s writ of execution; the Court of Appeals (Special Fourth Division) initially granted the petition but, after respondents’ motion for reconsideration, reversed that disposition and sustained the trial court’s special order of execution in CA-G.R. No. 30249-R. Before the appellate resolution became final, respondents obtained an alias writ of execution in the trial court (July 14, 1962), the sheriff levied on petitioners’ household effects and set a sale (July 25, 1962), and threatened ejectment. Petitioners filed this petition to review on certiorari in the Supreme Court on July 23, 1962 and sought a preliminary injunction; the Court gave due course and issued the writ upon a P10,000 bond which petitioners post...(Subscriber-Only)
Issues:
- Did the Court of Appeals correctly uphold the trial court’s special order of execution pending appeal — specifically, did the trial judge commit grave abuse of discretion amounting to lack or excess of jurisdiction in issui...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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