G.R. No. L-18860 - Avendano vs. Pasicolan

On October 25, 1956, the Justice of the Peace (JP) of Lubao, Pampanga, rendered a judgment in Civil Case No. 145 (Unlawful Detainer), entitled "Tomasa D. Salonga vs. Carlos Avendano, et al."
The JP court ordered Carlos Avendano (petitioner) to vacate the premises (a fishpond) and restore possession to Tomasa D. Salonga (respondent).
Petitioner was also ordered to pay P2,000 annually as reasonable compensation for the use and occupation of the premises, starting from March 1, 1955, until restitution.

The judgment was appealed to the Court of First Instance (CFI) of Pampanga, docketed as Civil Case No. 1152.
To stay the execution of the judgment, petitioner made yearly deposits of P2,000 with the Clerk of the CFI of Pampanga on the following dates:
- November 14, 1956 (for 1955-1956)
- January 23, 1958 (for 1956-1957)
- March 19, 1958 (for 1957-1958)
- March 30, 1959 (for 1958-1959)
- March 14, 1960 (for 1959-1960)
- March 29, 1961 (for 1960-1961).

On March 19, 1958, respondents filed a motion for immediate execution, claiming petitioner failed to deposit the annual rental for 1957-1958 within the first ten days of March.
Petitioner opposed, arguing that Section 8, Rule 72 of the Rules of Court (requiring deposits within the first ten days of each month) does not apply to unlawful detainer cases involving agricultural lands with yearly rentals.
The court denied the motion, noting that petitioner had already made the deposit for 1957-1958.

On March 24, 1959, respondents filed another motion for immediate execution, alleging non-payment of the 1958-1959 rental within the first ten days of March 1959.
Petitioner again opposed, reiterating his earlier argument.
The court denied the motion, stating that the deposit made on March 30, 1959, substantially complied with the requirements.
On March 15, 1961, respondents filed an urgent motion for immediate execution, claiming petitioner failed to deposit the 1960-1961 rental within the first ten days of March 1961.
Petitioner opposed, arguing that the agricultural year ended in March 1961, and the rental need not be deposited within the first ten days.
On June 7, 1961, the court granted the motion, ruling that the deposit made on March 29, 1961, violated Section 8, Rule 72, and ordered immediate execution.

On July 19, 1961, the CFI of Pampanga rendered a final judgment in Civil Case No. 1152, ordering petitioner to vacate the fishpond and pay P2,000 annually from March 1, 1960, until restitution.
Petitioner’s appeal was dismissed for being filed out of the reglementary period, and a writ of execution was issued based on the final judgment.

Petitioner filed a petition for certiorari with preliminary injunction, arguing that the June 7, 1961 order violated his rights and was issued with grave abuse of discretion.
The Supreme Court issued a writ of preliminary injunction upon the posting of a P2,000 bond.
Respondents argued that the issue had become moot and academic due to the final judgment rendered by the CFI.

Whether the lower court erred in ordering the immediate execution of the JP court’s judgment based on Section 8, Rule 72 of the Rules of Court.
Whether Section 8, Rule 72 applies to unlawful detainer cases involving agricultural lands with yearly rentals.
Whether the petition for certiorari had become moot and academic due to the final judgment rendered by the CFI.

The Supreme Court held that the lower court erred in ordering the immediate execution of the JP court’s judgment.
Section 8, Rule 72, which requires monthly deposits, does not apply to cases involving yearly rentals for agricultural lands, such as fishponds.
The JP court’s judgment fixed a yearly rental, and the date of payment (within the first ten days of March) was not intended to be a strict requirement.
However, the petition was dismissed as moot and academic because a final judgment had already been rendered by the CFI, ordering petitioner’s ejectment and payment of rentals.