Case Digest (G.R. No. 100626)
Facts:
City of Manila represented by Mayor Gemiliano C. Lopez, Jr. v. Hon. Court of Appeals and the Army & Navy Club, Inc., G.R. No. 100626, November 29, 1991, the Supreme Court En Banc, Cruz, J., writing for the Court.The petitioner, City of Manila, sued private respondent Army and Navy Club (ANC) for unlawful detainer for violating a lease over a Roxas Boulevard property. The Metropolitan Trial Court of Manila rendered summary judgment for the City; ANC timely appealed to the Regional Trial Court (RTC) of Manila, which affirmed the trial court decision on June 7, 1991. ANC had earlier filed a supersedeas bond for P2,700,000.00, approved by Judge Wilfredo Reyes.
On June 10, 1991 the City filed an ex parte motion for execution, asserting finality under R.A. No. 6031; Judge Reyes granted the motion that same day and a writ of execution was served at about 4:00 p.m. ANC moved to quash the writ on June 11 but, before that motion could be acted upon, filed a petition for certiorari and prohibition with the Court of Appeals (CA).
The Court of Appeals issued a decision (Kapunan, J., ponente; Chua & Victor, JJ., concurring) annulling the writ of execution. The City filed a petition f...(Subscriber-Only)
Issues:
- Under R.A. No. 6031 and B.P. Blg. 129, when a Regional Trial Court acts in its appellate capacity over a metropolitan trial court decision, is its decision immediately final and executory?
- Was the RTC’s grant of a writ of execution on June 10, 1991 — prior to the lapse of the reglementary period to appeal to the Court of Appeals — proper?
- Was the special civil action of certiorari a proper and available remedy to challenge the order of execution pending appeal?
- Were the sheriff’s meth...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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