Facts:

• Blossom & Co. is the defendant in a mortgage foreclosure proceeding filed by Manila Gas Corporation.
• The judgment orders Blossom & Co. to pay P7,794.65 to Manila Gas Corporation within ninety days.
• If Blossom & Co. fails to satisfy the judgment, the mortgaged land will be sold at public auction.
• Blossom & Co. appeals the judgment to the Supreme Court.
• On October 18, 1924, the Supreme Court affirms the judgment of the Court of First Instance.
• The decision of the Supreme Court becomes final on October 28, 1924, and the record is returned to the lower court.
• On December 31, 1924, the trial court orders the issuance of a writ of execution against Blossom & Co.
• On January 6, 1925, the trial court modifies its order and orders the execution of the judgment.
• The sheriff advertises the sale of the mortgaged property at public auction on February 6, 1925.
• Blossom & Co. files a petition for a writ of prohibition, claiming that the execution is premature.
• They argue that they will suffer grave injury and have no other remedy but to seek the court's intervention.

Issue:

• (Unlock)

Ruling:

• The court rules in favor of Blossom & Co.
• The three-month period is suspended during the appeal.
• The purpose of the stay of execution is to give the judgment debtor time to make arrangements for payment after the debt has been definitively determined.
• The period does not begin to run until the record is remitted to t...(Unlock)

Ratio:

• The three-month stay of execution in a foreclosure case begins after the final determination of the case by the appellate court.
• The purpose of the stay of execution is to give the judgment debtor time to make arrangements for payment after the debt has been definitively determined.
• There is no definite determination of the case until it is finally disposed of by the appellate...continue reading