Case Digest (G.R. No. 131209)
Facts:
Lourdes T. Valero, petitioner, sought review of resolutions of the Court of Appeals in CA-G.R. No. 51801-R that issued a writ of preliminary injunction enjoining enforcement of a trial court order restoring funds. The underlying action was a judgment against petitioner for payment on a promissory note (P17,000 with interest and P3,000 attorney’s fees); petitioner timely filed a notice of appeal and appeal bond and moved for an extension to file the record on appeal within the reglementary period but the vacation judge acted after the period lapsed, declared the judgment final, ordered execution, and P18,541.92 was withdrawn from petitioner’s savings and paid to respondents Genoveva Aldana, assisted by her husband Graciano Aldana; the regular judge later set aside execution, ordered restoration, and offered respondents the alternative of filing a bond to secure restoration as execution pending appeal.The Court of Appeals enjoined enforcement of the restoration order pending app
Case Digest (G.R. No. 131209)
Facts:
- Background of the dispute
- LOURDES T. VALERO, PETITIONER was sued on a promissory note and was ordered to pay P17,000 with six percent interest from the filing of the complaint and P3,000 as attorney's fees.
- Petitioner filed a notice of appeal and an appeal bond within the reglementary period.
- Filing of the record on appeal and motion for extension
- Petitioner filed the record on appeal within an extended period granted her upon a motion that she filed before the expiration of the reglementary period.
- The motion for extension was acted upon after the reglementary period had lapsed.
- Vacation judge's action and withdrawal of deposit
- Upon motion of private respondents, the vacation judge declared the judgment final and ordered execution.
- Pursuant to that order, P18,541.92 representing petitioner's savings deposit in the Far East Bank & Trust Company was withdrawn and paid to private respondents by order of the vacation judge.
- Return of the regular judge and setting aside of execution
- On the return of the regular judge, petitioner moved for reconsideration.
- The regular judge set aside the order of execution, holding that the extension of time to file the record on appeal was proper because the motion therefor was filed within the reglementary period.
- The regular judge ordered the restoration of the withdrawn money.
- When respondents were reluctant to comply, the judge threatened to issue a writ of execution.
- Subsequent order and option to post bond
- On motion for reconsideration by respondents, the judge issued an order on September 29, 1972 granting respondents the alternative to file a bond to secure restorati...(Subscriber-Only)
Issues:
- Validity of the Court of Appeals' injunction
- Whether the COURT OF APPEALS erred in issuing a writ of preliminary injunction to enjoin enforcement of the trial court's order restoring petitioner's withdrawn savings.
- Right to restoration after voided execution
- Whether LOURDES T. VALERO was entitled to the restoration of P18,541.92 withdrawn under the vacation judge's execution order that was later set aside.
- Validity of extension of time to file record on appeal
- Whether an extension of time to file the record on appeal is valid if the motion therefor was filed within the reglementary period but acted upon after the period had lapsed.
- Availability of posting bond as alternative remedy
- Whether respondents were properly given the option to file a bond to secure restoration so that the payment could be treated as an execution pending appeal....(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)