Spouses Badillo vs. Tayag

Facts:

Petitioners Spouses Oscar and Haydee Badillo were plaintiffs in a forcible entry/ejectment action (Civil Case No. 263-94) before the Municipal Trial Court (MTC) of San Jose del Monte, Bulacan, against Triad Construction & Development Corporation and the National Housing Authority (NHA). In a February 1, 2000 Decision the MTC ordered the NHA to vacate the disputed parcel (part of the Bagong Silang Resettlement Project), return possession to petitioners, pay rent at P10 per square meter per month, and to pay attorneys’ fees, litigation expenses and costs.

The NHA filed a Notice of Appeal on February 24, 2000 but did not pay the appellate docket fees within the 15-day reglementary period. Petitioners moved for immediate issuance of a writ of execution; the MTC issued an Order authorizing execution on May 23, 2000 and the Writ of Execution was issued May 30, 2000. The sheriff attempted garnishment of NHA funds at Landbank but the bank refused to release the amount. The NHA’s June 9, 2000 motion to set aside the writ was denied June 23, 2000.

The NHA paid appellate docket fees belatedly on June 29, 2000 and filed a petition for certiorari, prohibition, mandamus and injunction before the Regional Trial Court (RTC) of Malolos. The RTC Executive Judge issued a 72‑hour TRO and Branch 79 (Judge Arturo G. Tayag) on July 19, 2000 annulled the MTC’s May 23, 2000 Order and the May 30, 2000 Writ of Execution, directing transmission of the records to the RTC with the docket fees and alleged supersedeas bond. Upon raffling, RTC Branch 11 (Judge Basilio A. Gabo Jr.) rendered an October 23, 2000 Decision which modified the MTC: it affirmed plaintiffs’ right to possession and awarded attorneys’ fees and litigation expenses but deleted the grant of rentals previously awarded by the MTC. The NH...(Pro-only)

Issues:

• Whether the deletion by RTC Branch 11 of the MTC’s award of rentals is in accordance with law and jurisprudence.
• Whether the NHA perfected its appeal to the RTC despite failure to pay the appellate docket fee within the 15-day period under Section 5, Rule 40 of the 1997 Rules of Civil Procedure.
• Whether the NHA, as a government-owned and controlled corporation, is exempt from posting a supersedeas bond to stay execution under Section 19, Rule 70 of the 1997 Rules of Civil Procedure.
• Whether RTC Bulacan correctly annulled the MTC’s May 23, 2000 Order, the May 30...(Pro-only)

Ruling:

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Ratio:

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Doctrine:

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