Facts:

• Flaviano Romero was involved in a legal dispute regarding forcible entry and illegal detainer against Potenciano Pecson, Judge Macario Ofilada, and plaintiff Dolores P. de Espedido.
• The Municipal Court of Manila ordered Romero to pay a monthly rent of P120 and to vacate the premises he occupied.
• Romero appealed the ruling but failed to file a supersedeas bond or deposit overdue rents.
• He vacated the premises on April 21, 1947, under a writ of execution.
• The Court of First Instance later determined that Romero owed P150 per month from February 1947 until April 21, 1948, and ordered him to vacate.
• Espedido sought execution of the judgment due to Romero's non-compliance with rent payments and the absence of a supersedeas bond.
• The judge granted the execution, stating that Romero's appeal was merely a delaying tactic.

Issue:

• (Unlock)

Ruling:

• The Supreme Court dismissed Romero's petition for certiorari.
• The court concluded that the respondent judge did not act with grave abuse of discretion.
• The execution of the judgment was deemed lawful and just...(Unlock)

Ratio:

• The court's reasoning was based on Rule 72 of the Rules of Court, particularly section 9, which allows execution of a judgment in forcible entry or illegal detainer cases if the appellant fails to pay rents or file a supersedeas bond.
• The execution aimed to restore possession and ensure collection of overdue...continue reading