Case Digest (G.R. No. L-2088)
Facts:
Magdaleno Meneses, Petronila Meneses and Pascuala Bigting v. Rafael Dinglasan, G.R. No. L-2088, September 09, 1948, the Supreme Court En Banc, Montemayor, J., writing for the Court.
Before World War II, respondents Felicidad Patio and Brigido Valencia leased Lot No. 11 on Condesa Street, Binondo, Manila, from the City of Manila and had thereon a substantially built house that was destroyed by aerial bombing in 1944. After the liberation they erected a temporary structure (barong-barong) on the same lot using salvaged materials, resumed payment of the city rent of P7 per month as of September 1, 1945, and continued to occupy the lot.
Petitioners (the Meneses parties) either lived with respondents in that barong-barong by invitation (respondents’ account) or claimed to be squatters who had built the barong-barong themselves (petitioners’ account). Respondents sued the petitioners in the Municipal Court for detainer; following an ocular inspection and the evidence, the Municipal Judge found for the plaintiffs and ordered the defendants to vacate the structure and to pay P17 per month (P10 as compensation for the structure and P7 for the lot) from July 1947 until vacatur, plus costs.
Respondents alleged they had a permit from the City Engineer to construct a more permanent building and therefore sought execution when the defendants failed to comply. Defendants appealed to the Court of First Instance (CFI) of Manila but, pending appeal, failed to deposit the P17 monthly payment for November and December 1947. Plaintiffs moved for execution of the Municipal Court judgment on December 31, 1947; defendants received notice January 3, 1948. On January 15 the defendants deposited P51 (covering November, December 1947 and January 1948), but after a January 27, 1948 hearing Judge Rafael Dinglasan ordered execution. Several motions for stay were denied, though an order dated February 7 granted a stay until March 15; execution was carried out March 22 (by the sheriff’s extension) and the barong-barong was demolished, with salvaged materials left on the lot.
...(Subscriber-Only)Issues:
- Did Judge Dinglasan act in excess or abuse of his discretion in ordering execution of the Municipal Court judgment and in denying (or not effectively granting) a stay of execution pending appeal?
- Was the failure of the petitioners to make the required monthly payments for November and December 1947 sufficient to permit immediate execution under the applicable rules on forcible entry and detainer?
- Could the Municipal Court lawfully award P17 per month as rent or compensation where, petitioners clai...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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