Case Digest (G.R. No. 29178)
Facts:
Chua A. H. Lee v. Emilio Mapa, Cornelio Cruz and Ciriaca Serrano de Cruz, G.R. No. 29178, March 06, 1928, the Supreme Court, Malcolm, J., writing for the Court. Petitioner Chua A. H. Lee sought a writ of prohibition to restrain orders entered by the Third Branch of the Court of First Instance of Manila (Judges Opisso and Mapa presiding) that granted a stay of execution in favor of respondents Cornelio Cruz and Ciriaca Serrano de Cruz; Emilio Mapa was named as the auxiliary judge presiding.In the underlying action (Civil Case No. 30569) petitioner obtained judgment declaring certain instruments (Exhibits C and E) to be loan contracts secured by pledged personal property and awarding him P6,520 with interest; the judgment provided that, upon default, the pledged securities were to be sold at public auction to satisfy the judgment. That judgment was affirmed on appeal (see G.R. No. 27985, promulgated October 29, 1927), and the record was remanded to the trial court.
Execution was issued out of the trial court on November 22, 1927, against the defendants’ properties generally without mention of the specifically pledged articles. Defendants moved for a thirty‑day stay to raise funds, which Judge Del Rosario granted on December 8, 1927. Subsequently defendants filed a separate suit (Civil Case No. 32865) seeking damages for the alleged loss of the pledged property (P6,729 claimed) and moved the court in the original action for a stay of execution pending the disposition of that new case. Judge Opisso ordered the stay upon the filing of a P7,000 bond conditioned to secure payment of the judgment, and Judge Mapa denied a motion for reconsideration. Petitioner t...(Subscriber-Only)
Issues:
- In light of the Supreme Court’s prior affirmance, did the trial court act in excess of jurisdiction in granting a stay of execution so as to warrant issuance of a writ of prohibition?
- Were the stay and bond properly issuable under the trial court’s discretionary and incidental powers given the facts t...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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