Acbang v. Luczon · G.R. 164246

Petitioner: Acbang
Respondent: Luczon
Citation: G.R. No. 164246
Court: Supreme Court
Division: First Division
Ponente: Bersamin, J.
Decided: January 15, 2014

Summary

This case involves the procedural requirements for staying execution of judgments in ejectment cases. Spouses Lopez obtained a favorable MTC judgment against the Acbangs in an ejectment suit. When defendants appealed without filing a supersedeas bond, plaintiffs successfully moved for execution pending appeal. The Supreme Court clarified that defendants must satisfy three concurrent requisites to stay immediate execution: perfect the appeal, file a sufficient supersedeas bond, and periodically deposit accruing rentals. The failure to comply with any requisite makes execution mandatory and ministerial. However, the RTC subsequently found the original MTC judgment void as to petitioner due to lack of jurisdiction from improper service of summons, rendering the prohibition petition moot. The case establishes important precedent on the strict procedural requirements for staying execution in ejectment cases under Rule 70.

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By the Intellegal Editorial Board · January 15, 2014

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