Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1947 > November 1947 Decisions > G.R. No. L-1455 November 21, 1947 - ANG CHING GI v. DIONISIO DE LEON

079 Phil 580:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. L-1455. November 21, 1947.]

ANG CHING GI, Petitioner, v. DIONISIO DE LEON, E. T. YUCHENGCO, and THE SHERIFF OF CITY OF MANILA, Respondents.

Rosendo J. Tansinsin for Petitioner.

Roxas, Picazo & Mejia for Respondents.

SYLLABUS


1. EJECTMENT; EXECUTION PENDING APPEAL; DEPOSIT OF RENTS AWARDED BY MUNICIPAL COURT TO STAY EXECUTION; MINISTERIAL DUTY OF COURT OF FIRST INSTANCE. — The Court of First Instance has a ministerial duty to require the deposit of the amount of rents awarded by the municipal court to the plaintiff in order to stay the execution of the judgment. The question whether the judgment of the municipal court fixing said rents is erroneous or not, will have to be passed upon by the Court of First Instance in deciding the appealed case on the merits.

2. CERTIORARI; QUESTIONS THAT MAY BE DECIDED. — In certiorari proceeding the only power of this court is to determine whether the respondent judge has acted without or in excess of jurisdiction of the court or with grave abuse of the latter’s discretion. It cannot revise and correct any erroneous judgment, order or resolution involved in the proceeding.


D E C I S I O N


FERIA, J.:


The respondent E. T. Yuchengco filed a suit against the petitioner Ang Ching Gi in this case, who was sentenced by the Municipal Court of Manila to vacate the premises leased to him by the said respondent, and to pay the latter the sum of P700 as a monthly rental which defendant has failed to pay.

On appeal to the Court of First Instance presided by the respondent judge, the latter, on motion of the appellee for execution of the judgment of the municipal court, because of failure of the petitioner to pay or deposit the rents adjudicated by the municipal court during the pendency of the appeal, issued an order dated May 7, 1947, requiring the petitioner to deposit within five days P2,800 representing the back rents for four months up to April, 1947; and later on issued another order on May 17, 1947, giving the petitioner ten days more from the date thereof within which to deposit the same amount.

Now comes the defendant-appellant to this Court and petitions for certiorari or prohibition as petitioner calls it, against the respondents on the ground that the respondent judge acted without or in excess of his jurisdiction and with grave abuse of discretion, in rendering said orders of May 7 and 17, 1947, requiring the deposit of said amount of P2,800 which represents a monthly rental at the rate of P700 a month.

The argument advanced by the petitioner in support of his contention is that although the municipal court has sentenced him to pay P700 a month as rental, the amount of P350 agreed upon by the parties is what petitioner-appellant should deposit during the pendency of the appeal. According to the petitioner, the contract of lease between him and the respondent E. T. Yuchengco prior to the filing of the action of ejectment in the Municipal Court of Manila, was at the rate of P350 a month and without period or term of lease. But "the said respondent required an increase to the sum of P700 a month which petitioner refused and continues to refuse to pay."cralaw virtua1aw library

Assuming that the municipal court committed an error in sentencing the defendant-petitioner to pay P700 instead of P350 a month as rental, the respondent judge did not act without or in excess of jurisdiction or with grave abuse of discretion in requiring the defendant to deposit the amount of P2,800 as monthly rental for four months at the rate of P700 a month as found by the municipal court to be due from him to the respondent Ang Ching Gi in accordance with section 8 of Rule No. 72. The respondent judge has a ministerial duty to require the deposit of the amount of rents awarded by the municipal court to the plaintiff in order to stay the execution of the judgment. The question whether the judgment of the municipal court is erroneous or not, will have to be passed upon by the Court of First Instance of Manila presided by the respondent judge in deciding the appealed case on the merits.

In view of the foregoing, it is evident that the respondent judge did not act without jurisdiction or in excess thereof or with grave abuse of discretion in issuing the orders complained of, which is predicated upon the execution of the inferior court’s judgment should the petitioner fail to do so. He can not in this case revise the decision of the municipal court nor the order of the respondent judge, and correct any error they may have committed in their decisions, orders or resolutions. In certiorari proceeding the only power of this Court is to determine whether the respondent judge has acted without or in excess of jurisdiction of the court or with abuse of the latter’s discretion.

Therefore the petition is denied with costs against the petitioner.

Moran, C.J., Pablo and Bengzon, JJ., concur.




Back to Home | Back to Main


chanrobles.com



ChanRobles Professional Review, Inc.

ChanRobles Professional Review, Inc. : www.chanroblesprofessionalreview.com
ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com
ChanRobles CPA Review Online

ChanRobles CPALE Review Online : www.chanroblescpareviewonline.com
ChanRobles Special Lecture Series

ChanRobles Special Lecture Series - Memory Man : www.chanroblesbar.com/memoryman





November-1947 Jurisprudence                 

  • G.R. No. L-1365 November 14, 1947 - VITALIANO JURADO v. MARCELO S. FLORES

    079 Phil 651

  • G.R. No. L-630 November 15, 1947 - ALEXANDER A. KRIVENKO v. REGISTER OF DEEDS

    079 Phil 461

  • G.R. No. L-562 November 19, 1947 - PEOPLE OF THE PHIL. v. JOSE PARDO

    079 Phil 568

  • G.R. No. L-1455 November 21, 1947 - ANG CHING GI v. DIONISIO DE LEON

    079 Phil 580

  • G.R. No. L-1572 November 21, 1947 - HANS GALEWSKY v. RAMON DE LA RAMA

    079 Phil 583

  • G.R. No. L-943 November 22, 1947 - PEOPLE OF THE PHIL. v. DOMINGO CAPACETE

    079 Phil 586

  • G.R. No. L-1497 November 25, 1947 - JOAQUIN R. BOGAYONG v. CONRADO SANCHEZ

    079 Phil 591

  • G.R. No. L-1480 November 26, 1947 - CATALINA CURA ET AL. v. SOTERO RODAS

    079 Phil 595

  • G.R. No. L-1483 November 26, 1947 - YU TIONG TAY y ENCARNACION RESCINU contra CONRADO BARRIOS

    079 Phil 597

  • G.R. No. L-1518 November 27, 1947 - EL PUEBLO DE FILIPINAS contra FORTUNATO BORROMEO Y OTROS

    079 Phil 601

  • G.R. No. L-673 November 28, 1947 - PEOPLE OF THE PHIL. v. AGUEDO SARDOMA

    079 Phil 607

  • G.R. No. L-1029 November 28, 1947 - PEOPLE OF THE PHIL. v. REYNALDO RAMOS Y LINAO

    079 Phil 612

  • G.R. No. L-1079 November 28, 1947 - PEOPLE OF THE PHIL. v. EUGENIO BARCENA ET AL.

    079 Phil 629

  • G.R. No. L-1154 November 28, 1947 - GREGORIO SAN JOSE v. JOSE R. DE VENECIA

    079 Phil 636

  • G.R. No. L-1307 November 28, 1947 - ARSENIO V. CALUYA ET AL. v. SIMEON RAMOS

    079 Phil 640

  • G.R. Nos. L-1458 & L-1469 November 28, 1947 - ADELA VELASQUEZ v. BONIFACIO YSIP

    079 Phil 645

  • G.R. No. L-1532 November 28, 1947 - SANTIAGO AQUINO v. MANUEL BLANCO

    079 Phil 647

  • G.R. No. L-1558 November 28, 1947 - MAGDALENA ASE v. SOTERO RODAS

    079 Phil 651

  • G.R. No. L-440 November 29, 1947 - PEOPLE OF THE PHIL. v. JOAQUIN BAUTISTA

    079 Phil 652

  • G.R. No. L-1063 November 29, 1947 - PEOPLE OF THE PHIL. v. SANTOS LOPEZ Y JACINTO

    079 Phil 658

  • G.R. No. L-1461 November 29, 1947 - GAW SIN GEE v. EMILIO PEÑA

    079 Phil 663