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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
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March-1996 Jurisprudence                 

  • G.R. No. 91935 March 4, 1996 - RODOLFO QUIAMBAO v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 106043 March 4, 1996 - CAGAYAN DE ORO CITY LANDLESS RESIDENTS ASSOCIATION INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109645 March 4, 1996 - ORTIGAS AND COMPANY LIMITED PARTNERSHIP v. TIRSO VELASCO, ET AL.

  • G.R. No. 115365 March 4, 1996 - ESMENIO MADLOS v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 118126 March 4, 1996 - TRANS-ASIA SHIPPING LINES v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. MTJ-94-921 March 5, 1996 - AMPARO A. LACHICA v. ROLANDO A. FLORDELIZA

  • Adm. Matter No. MTJ-94-1009 March 5, 1996 - ALBERTO NALDOZA v. JUAN LAVILLES, JR.

  • G.R. No. 111501 March 5, 1996 - PHIL. FUJI XEROX CORPORATION, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 113930 March 5, 1996 - PAUL G. ROBERTS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115548 March 5, 1996 - STATE INVESTMENT HOUSE INC. v. COURT OF APPEALS

  • Adm. Matter No. P-94-1039 March 6, 1996 - FE ALBANO MADRID v. RAYMUNDO RAMIREZ

  • G.R. Nos. 112858-59 March 6, 1996 - PEOPLE OF THE PHIL. v. RALPHY ALCANTARA, ET AL.

  • G.R. No. 120193 March 6, 1996 - LUIS MALALUAN v. COMMISSION ON ELECTIONS, ET AL.

  • Adm. Case No. CBD-174 March 7, 1996 - GIOVANI M. IGUAL v. ROLANDO S. JAVIER

  • G.R. No. 66555 March 7, 1996 - LEONCIO MEJARES, ET AL. v. JUAN Y. REYES, ET AL.

  • G.R. Nos. 95353-54 March 7, 1996 - PEOPLE OF THE PHIL. v. PAULINO PAT

  • G.R. No. 109390 March 7, 1996 - JGB and ASSOCIATES v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 112445 March 7, 1996 - PEOPLE OF THE PHIL. v. CARLOS V. PATROLLA, JR.

  • G.R. No. 113710 March 7, 1996 - PEOPLE OF THE PHIL. v. FERDINAND V. JUAN, ET AL.

  • G.R. No. 116011 March 7, 1996 - PEOPLE OF THE PHIL. v. RHODESA B. SILAN

  • G.R. No. 117650 March 7, 1996 - SULPICIO LINES v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 120905 March 7, 1996 - RENATO U. REYES v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 95260 March 8, 1996 - PEOPLE OF THE PHIL. v. WILFREDO C. PRADO

  • G.R. No. 110983 March 8, 1996 - REYNALDO GARCIA v. COURT OF APPEALS, ET AL.

  • Adm. Case No. 2024 March 11, 1996 - SALVADOR T. CASTILLO v. PABLO M. TAGUINES

  • G.R. No. 108625 March 11, 1996 - ALLIANCE OF DEMOCRATIC FREE LABOR ORGANIZATION v. BIENVENIDO LAGUESMA, ET AL.

  • G.R. No. 113194 March 11, 1996 - NATIONAL POWER CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 119381 March 11, 1996 - MARCOPPER MINING CORPORATION v. JOSE BRILLANTES

  • G.R. No. 96882 March 12, 1996 - EUTIQUIANO PAGARA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109800 March 12, 1996 - PEOPLE OF THE PHIL. v. WILFREDO N. BAUTISTA

  • G.R. No. 114388 March 12, 1996 - PEOPLE OF THE PHIL. v. DOMINGO TRILLES, ET AL.

  • Adm. Matter No. RTJ-94-4-156 March 13, 1996 - IN RE: FERNANDO P. AGDAMAG

  • Adm. Matter No. RTJ-96-1344 March 13, 1996 - VERONICA GONZALES v. LUCAS P. BERSAMIN

  • G.R. No. 101332 March 13, 1996 - PEOPLE OF THE PHIL. v. CLARO BERNAL

  • G.R. No. 101699 March 13, 1996 - BENJAMIN A. SANTOS v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 104088-89 March 13, 1996 - PEOPLE OF THE PHIL. v. VICENTE JAIN, ET AL

  • G.R. No. 108743 March 13, 1996 - PEOPLE OF THE PHIL. v. ARNALDO B. DONES

  • G.R. No. 112193 March 13, 1996 - JOSE E. ARUEGO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 112546 March 13, 1996 - NORTH DAVAO MINING CORPORATION, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 119073 March 13, 1996 - PEOPLE OF THE PHIL. v. ALBERTO DIAZ

  • G.R. No. 120223 March 13, 1996 - RAMON Y. ALBA v. DEPUTY OMBUDSMAN, ET AL.

  • G.R. No. 101070 March 14, 1996 - BALAYAN COLLEGES, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 102062 March 14, 1996 - PEOPLE OF THE PHIL. v. CAMILO FERRER, ET AL.

  • G.R. No. 104685 March 14, 1996 - SABENA BELGIAN WORLD AIRLINES v. COURT OF APPEALS, ET AL.

  • G.R. No. 119706 March 14, 1996 - PHILIPPINE AIRLINES, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 73592 March 15, 1996 - JOSE CUENCO BORROMEO v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 94494 March 15, 1996 - PEOPLE OF THE PHIL. v. DIONISIO C. LAPURA

  • G.R. No. 103695 March 15, 1996 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 105819 March 15, 1996 - MARILYN L. BERNARDO v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 106229-30 March 15, 1996 - LEOVIGILDO ROSALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 108001 March 15, 1996 - SAN MIGUEL CORPORATION, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 111651 March 15, 1996 - OSMALIK S. BUSTAMANTE, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 115106 March 15, 1996 - ROBERTO L. DEL ROSARIO v. COURT OF APPEALS, ET AL.

  • G.R. No. 114988 March 18, 1996 - CATALINO BONTIA, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 117667 March 18, 1996 - INLAND TRAILWAYS v. COURT OF APPEALS

  • Adm. Matter No. 94-5-42-MTC March 20, 1996 - QUERY OF JUDGE DANILO M. TENERIFE

  • G.R. No. 102360 March 20, 1996 - ROSITA DOMINGO v. COURT OF APPEALS, ET AL.

  • G.R. No. 111656 March 20, 1996 - MANUEL MANAHAN, JR. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116665 March 20, 1996 - MELQUIADES D. AZCUNA, JR. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. 95-1-07-RTC March 21, 1996 - JDF ANOMALY IN THE RTC OF LIGAO, ALBAY

  • Adm. Matter No. 95-10-06-SCC March 27, 1996 - IN RE: DEMASIRA M. BAUTE

  • Adm. Matter No. P-94-1071 March 28, 1996 - ELIZABETH ASUMBRADO v. FRANCISCO R. MACUNO

  • G.R. No. 104386 March 28, 1996 - PEOPLE OF THE PHIL. v. OSCAR L. LEVISTE, ET AL.

  • G.R. No. 121424 March 28, 1996 - IN RE: MAURO P. MAGTIBAY v. VICENTE VINARAO

  • G.R. No. 90215 March 29, 1996 - ERNESTO ZALDARRIAGA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 94594 March 29, 1996 - PEOPLE OF THE PHIL. v. ROMEO REDULOSA, ET AL.

  • G.R. Nos. 96178-79 March 29, 1996 - PEOPLE OF THE PHIL. v. EDUARDO ESMAQUILAN

  • G.R. No. 97785 March 29, 1996 - PHILIPPINE COMMERCIAL INTERNATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 99259-60 March 29, 1996 - PEOPLE OF THE PHIL. v. EMILIO D. SANTOS

  • G.R. No. 103525 March 29, 1996 - MARCOPPER MINING CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 104296 March 29, 1996 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS

  • G.R. Nos. 106083-84 March 29, 1996 - PEOPLE OF THE PHIL. v. QUINTIN T. GARRAEZ

  • G.R. No. 106600 March 29, 1996 - COSMOS BOTTLING CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 109312 March 29, 1996 - PLACIDO MIRANDA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 109614-15 March 29, 1996 - PEOPLE OF THE PHIL. v. ADRONICO GREGORIO, ET AL.

  • G.R. No. 112346 March 29, 1996 - EVELYN YONAHA v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 112457-58 March 29, 1996 - PEOPLE OF THE PHIL. v. ROMEO CARTUANO, JR.

  • G.R. No. 112678 March 29, 1996 - EDUARDO M . ESPEJO v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 112708-09 March 29, 1996 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 112718 March 29, 1996 - PEOPLE OF THE PHIL. v. VLADIMIR L. CANUZO

  • G.R. Nos. 113519-20 March 29, 1996 - PEOPLE OF THE PHIL. v. DANILO F. PANLILIO

  • G.R. Nos. 114263-64 March 29, 1996 - PEOPLE OF THE PHIL. v. JOHN JENN PORRAS, ET AL.

  • G.R. No. 115988 March 29, 1996 - PEOPLE OF THE PHIL. v. LEO V. LIAN

  • G.R. No. 116734 March 29, 1996 - PEOPLE OF THE PHIL. v. LARRY B. LAURENTE, ET AL.

  • G.R. No. 116792 March 29, 1996 - BANK OF THE PHILIPPINE ISLANDS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 117055 March 29, 1996 - SAN MIGUEL CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 117618 March 29, 1996 - VIRGINIA MALINAO v. LUISITO REYES, ET AL.

  • G.R. No. 118509 March 29, 1996 - LIMKETKAI SONS MILLING INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118870 March 29, 1996 - NERISSA Z. PEREZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 119193 March 29, 1996 - NEMENCIO GALVEZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 120715 March 29, 1996 - FERNANDO R. SAZON v. COURT OF APPEALS, ET AL.

  • G.R. No. 121527 March 29, 1996 - MARCELO L. ONGSITCO, ET AL. v. COURT OF APPEALS, ET AL.

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    G.R. No. 117667   March 18, 1996 - INLAND TRAILWAYS v. COURT OF APPEALS

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 117667. March 18, 1996.]

    INLAND TRAILWAYS, INC., Petitioner, v. COURT OF APPEALS, HON. ROBERTO L. MAKALINTAL, REYNALDO T. NEPOMUCENO and SOLAR RESOURCES, INC., Respondents.

    Antonio P. Pekas for Petitioner.

    Rico & Associates for Private Respondents.


    SYLLABUS


    1. REMEDIAL LAW; RULES OF COURT; APPEAL BY CERTIORARI UNDER RULE 45; GENERALLY LIMITED TO QUESTIONS OF LAW. — It is settled that pure questions of fact may not be the proper subject of an appeal by certiorari under Rule 45 of the Rules of Court. This mode of appeal is generally limited only to questions of law which must be distinctly set forth in the petition, subject only to a few well-defined exceptions not present in the case at bench.

    2. ID.; EVIDENCE; FACTUAL FINDINGS OF THE APPELLATE COURT; BINDING AND CONCLUSIVE, AS A RULE. — We have consistently and emphatically declared that review of the findings of fact of the Court of Appeals is not a function that this Court normally undertakes inasmuch as such findings, as a rule, are binding and conclusive.

    3. ID.; EJECTMENT; STAY OF EXECUTION; FILING OF A SUPERSEDEAS BOND, MANDATORY REQUIREMENT. — The failure of the petitioner to file with the MTC a supersedeas bond to stay execution pursuant to Section 8 of Rule 70 rendered the issuance of a Writ of Execution by the MTC not only proper but also unavoidable. The requirement for the filing of a supersedeas bond is mandatory and so, if the bond is not filed, the execution of the judgment is a ministerial duty of the court. This rule was reiterated in our recent pronouncement in San Pedro v. Court of Appeals, 235 SCRA 145 [1994], where we held that: "Judgments in ejectment cases which are favorable to the plaintiff are immediately executory. They can be stayed by the defendant only by: a) perfecting an appeal; b) filing a supersedeas bond; and c) making a periodic deposit of the rental or the reasonable compensation for the use and occupation of the property during the pendency of the appeal. These requisites must concur."


    D E C I S I O N


    HERMOSISIMA, JR., J.:


    On February 10, 1994, private respondent Solar Resources, Inc. filed a complaint 1 for ejectment against petitioner for failure to pay rent.

    On May 26, 1994, the Metropolitan Trial Court of Parañaque, Branch 77, rendered judgment ejecting the petitioner from the leased premises and ordering it to pay the rental arrearages. Petitioner having received a copy of the MTC decision on June 3, 1994, filed a Notice of Appeal on June 7, 1994.

    Thereafter, private respondent filed a Motion for Immediate Execution of the decision with the MTC based on Section 8, Rule 70 of the Revised Rules of Court.

    Due to petitioner’s failure to post the required supersedeas bond to stay execution of the ejectment decision, the MTC issued a Writ of Execution on June 30, 1994 to enforce the said decision. The following day, July 1, 1994, the Sheriff levied on the properties of the petitioner pursuant to the Writ of Execution.

    On July 6, 1994, petitioner filed with the Regional Trial Court of Parañaque, Branch 259, a Petition for Certiorari, 2 challenging the writ of execution by the Metropolitan Trial Court for being issued without jurisdiction. While the RTC issued a temporary restraining order enjoining the enforcement of the said writ of execution, it rendered judgment dismissing the Petition for Certiorari filed by the petitioner.

    On August 26, 1994, petitioner filed with the Court of Appeals a Petition for Review 3 assailing the decision of the RTC, but on October 27, 1994, the appellate court rendered judgment dismissing the petition.

    On November 10, 1994, petitioner brought before us the instant Petition for Review under Rule 45 to set aside the decision of respondent Court of Appeals. Thereupon, we issued a temporary restraining order enjoining the enforcement of the writ of execution issued by the MTC.

    In essence, the petitioner vehemently maintains that the MTC acted without jurisdiction when it issued the subject Writ of Execution on June 30, 1994, upon the claim that the Motion for Immediate Execution, which was dated June 30, 1994, 4 was filed by the private respondent one day late, that is, on June 24, 1994. Petitioner contends that when the private respondent received a copy of the MTC decision on June 8, 1994, he had only until June 23, 1994 to file a motion for execution, it being the last day of the fifteen-day period to perfect the appeal and, likewise the last day for the MTC to have jurisdiction over the ejectment case. Hence, the contention is that, when the motion for execution was filed on June 24, 1994, the MTC clearly had lost jurisdiction over the case, and the motion for immediate execution under Section 8, Rule 70 of the Rules of Court, should have been brought before the Regional Trial Court.

    Private respondent contends otherwise. According to the private respondent, the motion for execution was filed with the MTC on June 22, 1994 and not June 24, 1994 as erroneously submitted by the petitioner. Hence, the motion was brought well within the private respondent’s fifteen-day period to appeal.

    We sustain the private respondent in the circumstances.

    Apparently, the sole issue presented before us is. What is the true date of filing of the motion for execution with the MTC? Is it June 22, 1994 as averred by the private respondent or June 24, 1994 as alleged by the petitioner?

    This is indubitably a pure issue of fact. It is settled that pure questions of fact may not be the proper subject of an appeal by certiorari under Rule 45 of the Rules of Court. This mode of appeal is generally limited only to questions of law which must be distinctly set forth in the petition, 5 subject only to a few well-defined exceptions not present in the case at bench.

    Verily, both the Regional Trial Court and the Court of Appeals, before whom the same question was earlier raised by the petitioner, were unanimous in finding that the Motion for Execution was actually filed with the MTC on June 22, 1994 and not June 24, 1994 as falsely alleged by the petitioner. Respondent Court of Appeals held:jgc:chanrobles.com.ph

    ". . . The Motion for Execution was actually filed on June 22, 1994 . . . As a matter of fact, a copy of said motion was received by counsel for the petitioner on June 21, 1994. Also, Solar received a copy of the Decision only on June 8, 1994 and not June 3, 1994, as pretended by the petitioner. Computation wise, cut off time therefore of the period to appeal was June 23. Necessarily, the Court [MTC] still has jurisdiction when aforesaid motion was filed."cralaw virtua1aw library

    We see no circumstance to disturb this factual finding of the appellate court. We have consistently and emphatically declared that review of the findings of fact of the Court of —Appeals is not a function that this Court normally undertakes inasmuch as such findings, as a rule, are binding and conclusive. 6

    Furthermore, the failure of the petitioner to file with the MTC a supersedeas bond to stay execution pursuant to Section 8 of Rule 70 rendered the issuance of a Writ of Execution by the MTC not only proper but also unavoidable. Section 8 of Rule 70 on Forcible Entry and Detainer reads:jgc:chanrobles.com.ph

    "Section 8. Immediate execution of judgment. How to stay same. — If judgment is rendered against the defendant, execution shall issue immediately, unless an appeal has been perfected and the defendant to stay execution files a sufficient bond, approved by the justice of the peace or municipal court and executed to the plaintiff to enter the action in the Court of First Instance and to pay the rents, damages, and costs accruing down to the time of the judgment appealed from, and unless, during the pendency of the appeal, he deposits with the appellate court the amount of rent due from time to time under the contract, if any, as found by the judgment of the justice of the peace or municipal court to exist. In the absence of a contract, he shall deposit with the court the reasonable value of the use and occupation of the premises for the preceding month or period at the rate determined by the judgment, on or before the tenth day of each succeeding month or period. The supersedeas bond shall be transmitted by the justice of the peace or municipal court, with the other papers, to the clerk of the Court of First Instance to which the action is appealed. . . ."cralaw virtua1aw library

    The requirement for the filing of a supersedeas bond is mandatory and so, if the bond is not filed, the execution of the judgment is a ministerial duty of the court. 7 This rule was reiterated in our recent pronouncement in San Pedro v. Court of Appeals 8 where we held that:jgc:chanrobles.com.ph

    "Judgments in ejectment cases which are favorable to the plaintiff are immediately executory. They can be stayed by the defendant only by: a) perfecting an appeal; b) filing a supersedeas bond; and c) making a periodic deposit of the rental or the reasonable compensation for the use and occupation of the property during the pendency of the appeal. These requisites must concur."cralaw virtua1aw library

    WHEREFORE, the instant petition is DENIED and the Decision of the Court of Appeals dated October 27, 1994 is hereby AFFIRMED.

    Cost against the petitioner.

    SO ORDERED.

    Padilla, J., Bellosillo, Vitug and Kapunan, JJ., concur.

    Endnotes:



    1. Docketed as Civil Case No. 8778.

    2. Docketed as Civil Case No. 94-0089.

    3. Docketed as CA-G.R. SP No. 34992.

    4. Annex "C" ; Rollo, pp. 36-37.

    5. Section 2, Rule 45 of the Revised Rules of Court.

    6. De la Serna v. Court of Appeals, 233 SCRA 325 [1994] citing Constantino v. Mendez, 209 SCRA 18; Alitalia Airways v. Court of Appeals, 187 SCRA 763; Remalante v. Tibe, Et Al., 158 SCRA 138; Korean Airlines, Co., Ltd. v. Court of Appeals, 154 SCRA 213; Pan American World Airways, Inc. v. Intermediate Appellate Court, 153 SCRA 521, Hernandez v. Court of Appeals, Et Al., 149 SCRA 97; Collector of customs of Manila v. Intermediate Appellate court, 137 SCRA 3.

    7. Regalado, Florenz D., Remedial Law Compendium, Volume 1, Fifth Revised Edition, pp. 518-519 citing Fuentes v. Bautista, Et Al., L-31351, October 26, 1973.

    8. 235 SCRA 145 [1994].

    G.R. No. 117667   March 18, 1996 - INLAND TRAILWAYS v. COURT OF APPEALS




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