Case Digest (G.R. No. L-35919)
Facts:
Republic of the Philippines v. The Presiding Judge, Branch XV, Court of First Instance of Rizal and Jose Sison, G.R. No. L-35919, September 11, 1980, Supreme Court First Division, De Castro, J., writing for the Court.On April 11, 1970, Jose Sison filed a complaint for a sum of money against the Rice and Corn Administration (RCA) in the Court of First Instance of Rizal (Civil Case No. 437‑M). RCA moved to dismiss on the ground that it was non‑suable as a governmental agency. On May 5, 1970 Sison moved to amend his complaint to allege an assignment of the purchase price of unpaid deliveries of corn; RCA again moved to dismiss the amended complaint on June 1, 1970, which the trial court denied on June 30, 1970. RCA filed its answer on September 22, 1970.
After trial the respondent judge rendered judgment on May 10, 1972 in favor of Sison ordering RCA to pay P1,628,451.54 with legal interest from 1965, attorney’s fees of P250,000 and costs. RCA filed a notice of appeal on May 24, 1972 and obtained an extension to file the record on appeal; the record was filed June 15, 1972. On June 22, 1972 Sison moved to dismiss the appeal for failure to post an appeal bond; RCA (represented by the Office of the Solicitor General) opposed.
The trial judge issued an order dated June 26, 1972 approving the record on appeal but denying RCA’s claim of exemption from legal fees and the posting of an appeal bond. By order of July 1, 1972 the judge gave RCA five days to post the appeal bond. RCA (through the Solicitor General) moved for reconsideration on July 11, 1972; Sison filed another motion to dismiss. On July 22, 1972 the judge held that RCA, being a mere instrumentality of the Government, was not exempt from legal fees or from posting an appeal bond and dismissed RCA’s appeal for failure to file the bond.
Sison then moved for issuance of a writ of execution (filed August 22, 1972); the trial court ordered issuance of the writ on September 28, 1972. RCA filed a motion to quash the writ on October 30, 1972 which remained unresolved. RCA (the petitioner here) filed a special civil action for certiorari and mandamus with preliminary i...(Pro-only)
Issues:
- Is the Rice and Corn Administration exempt from paying legal fees and from posting an appeal bond?...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)