Case Summary (G.R. No. 56362)
Procedural History
The trial court issued a writ of preliminary attachment on April 30, 1980, allowing a levy on certain properties of Aquino. Following the defendant's filing of an answer and counterclaim, the trial court rendered a decision on December 17, 1980, ordering Aquino to pay the Roxas spouses a total of P53,280, alongside attorney's fees and costs. On January 26, 1981, Aquino filed a notice of appeal along with her appeal bond and record on appeal.
Motion for Execution Pending Appeal
Subsequent to the appeal filing, the Roxas spouses sought a writ of execution pending appeal, which the trial court granted on February 16, 1981. Aquino opposed this motion, citing her compensation defense against the Roxas claim and arguing that the properties under custodia legis sufficiently protected the Roxas spouses' interests. The trial court, however, issued an order on February 25, 1981, disapproving Aquino’s notice of appeal, a decision that was objected to by Aquino via a petition for prohibition and mandamus.
Legal Grounds for Appeal and Execution
The legal framework governing execution pending appeal is articulated in Section 2, Rule 39 of the Rules of Court, which allows for such execution upon the prevailing party’s motion, supported by valid reasons. However, the trial court's authority to approve a notice of appeal is not within its jurisdiction; it only concerns the record on appeal and the appeal bond. The Supreme Court noted the significance of ensuring merit in the execution order by assessing potential insolvency risks or the likelihood of undue delay by the appealing party when granting execution.
Abuse of Discretion
The Supreme Court identified a grave abuse of discretion by the trial court in disregarding Aquino's claims regarding the sufficiency of her properties, instead relying on the bond amount to dismiss her notice of appeal. The Court emphasized that it is inappropriate for a trial judge to ascertain the merits of an appeal they previously decided, suggesting
...continue readingCase Syllabus (G.R. No. 56362)
Case Overview
- Court: Supreme Court of the Philippines
- Date of Decision: May 28, 1988
- G.R. No.: 56362
- Division: First Division
- Petitioner: Tomasita Aquino
- Respondents: Hon. Pedro T. Santiago, Spouses Eufemia R. Roxas, and Floro Roxas
Factual Background
- On April 22, 1980, spouses Eufemia and Floro Roxas filed a complaint against Tomasita Aquino for the collection of a sum of money in the Court of First Instance of Bataan, designated as Civil Case No. 4627.
- A writ of preliminary attachment was issued on April 30, 1980, following the plaintiffs' bond submission of ₱20,000.00, resulting in the sheriff placing certain properties of Aquino under custodio legis.
- Aquino filed an answer with a counterclaim, asserting compensation against the plaintiffs' claim.
- Pre-trial briefs were exchanged on July 11, 1980; subsequently, plaintiffs sought a judgment on the pleadings, which was opposed by Aquino.
Trial Court Proceedings
- On December 17, 1980, the trial court ruled in favor of the plaintiffs, ordering Aquino to pay the sum of ₱53,280.00, along with legal interest from the date of the complaint, attorney’s fees of ₱2,000.00, and costs of suit.
- Aquino filed a notice of appeal, appeal bond, and record on appeal on January 26, 1981, indicating her intention to appeal to the Supreme Court.
- On February 6, 1981, the plaintiffs filed a motion for a writ of execution pending appeal, opposed by Aquino.
- The trial court granted the execution on February 16, 1981, and later disapproved Aquino's notice of appeal on February 25, 1981, citing a lack of groun