Facts:

• Joint petition for certiorari filed by Matias Naredo, Valentin Naredo, Juana de Leon, and the Director of Lands against Nicasio Yatco, the Judge of the First Instance of Laguna, Ricardo Rizal, Potenciana Rizal, Elena Rizal, Lydia Rizal, Saturnina Rizal, and the Provincial Sheriff of Laguna.
• Decision rendered on May 22, 1947, stating that the accretion of two hectares to lot 454 belonged to the registered owners, the Rizals, and that the defendants, except the Director of Lands, had no interest in the accretion and must vacate it, paying damages of P500 a year.
• Defendants filed motions for new trial, which were denied on July 15, 1947.
• Defendants filed a joint record on appeal within the reglementary period.
• Plaintiffs submitted a motion for execution of the judgment pending appeal on August 25, 1947.
• Court granted the motion on August 27, 1947, requiring the defendants to file a bond of P2,000 to suspend the execution.
• Defendants failed to submit the bond.
• On September 30, 1947, the court authorized the issuance of the writ of execution, which was subsequently carried out by the sheriff of Laguna.

Issue:

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Ruling:

• The Supreme Court upheld the trial court's jurisdiction to grant the motion for execution before the expiration of the time to appeal.
• The Court stated that the power to grant or deny a motion for execution before the expiration of the time to appeal is discretionary with the Court of First Instance.
• The appellate court will not interfere with this discretion unless there has been an abuse thereof or a subsequent change of conditions.
• In this case, the trial court had valid ...(Unlock)

Ratio:

• The trial court had jurisdiction to issue the order of execution even after the approval of the joint record on appeal.
• The court's order allowing execution unless the defendants filed a bond was issued before ...continue reading