Case Digest (G.R. No. 49057)
Facts:
- Petitioners: Andres Rios and Simplicio B. Pena.
- Respondent: Jaime M. Beyes, Judge of the Court of First Instance of Albay, and Saturnino Ros.
- On October 7, 1936, Saturnino Ros filed a forcible entry and unlawful detainer action against Valeriana Vda. de Velasco in the Justice of the Peace Court of Malinao, Albay.
- The court ruled in favor of Ros, ordering Velasco to restore possession of the land and return 834 bundles of palay or its equivalent value of P150.25, plus costs.
- Velasco appealed to the Court of First Instance, with Rios and Pena as sureties, as required by Section 88 of Act No. 190.
- The Court of First Instance dismissed the case, stating the Justice of the Peace's decision was rendered late.
- Ros appealed to the Supreme Court (G.R. No. 47782), which reversed the dismissal and remanded the case for further proceedings, imposing costs on the appellee.
- After the Supreme Court's decision became final, Ros obtained a writ of execution against Rios and Pena for the costs awarded.
- In July 1943, Pena, also Velasco's attorney, filed a motion to set aside the writ of execution, cancel the bond, and dismiss the case.
- The respondent judge denied this motion on August 19, 1943.
- Rios and Pena then filed a petition for certiorari, seeking a preliminary injunction against the execution of the judgment for costs and various declarations regarding the case's nature and the judge's jurisdiction.
Issue:
- (Unlock)
Ruling:
- The Supreme Court dismissed the petition for certiorari, affirming the respondent judge's order.
- The Court found the petitioners' attempts to evade their bond obligations to be unmeritorious.
- The judge acted within his a...(Unlock)
Ratio:
- The Supreme Court determined that the petitioners' attempts to evade their bond obligations were based on irrelevant interpretations of Section 88 of Act No. 190.
- The bond was deemed valid and conditioned upon the payment of costs incurred up to the final judgment.
- The Court viewed the petitioners' claims regarding the case's natu...continue reading
Case Digest (G.R. No. 49057)
Facts:
This case involves petitioners Andres Rios and Simplicio B. Pena against respondent Jaime M. Beyes, the Judge of the Court of First Instance of Albay, and Saturnino Ros. The events leading to this case began on October 7, 1936, when Saturnino Ros initiated a forcible entry and unlawful detainer action against Valeriana Vda. de Velasco in the Justice of the Peace Court of Malinao, Albay. The court ruled in favor of Ros, ordering Velasco to restore possession of the disputed land and to return 834 bundles of palay or its equivalent value of P150.25, along with the payment of costs. Velasco appealed the decision to the Court of First Instance, posting an appeal bond with Rios and Pena as sureties, as mandated by Section 88 of Act No. 190.
The Court of First Instance dismissed the case, citing that the Justice of the Peace's decision was rendered more than a week after the hearing. Ros appealed this dismissal to the Supreme Court (G.R. No. 47782), which reversed the dismissal and remanded the case for further proceedings, imposing costs on the appellee. After the Supreme Court's decision became final and the record was sent back to the Court of First Instance, Ros obtained a writ of execution against Rios and Pena to satisfy the costs awarded by the Supreme Court.
In July 1943, Pena, who was also the attorney for Velasco, filed a motion to set aside the writ of execut...