Petitioner
Pike
Respondent
Concepcion
Citation
G.R. No. 236805
Court
Supreme Court
Division
Third Division
Decided
April 16, 2018

Summary

This case involves the execution of judgment in an ejectment case where Joseph Concepcion successfully evicted Philip Pike and Paul Jonathan Pike from property in Pasig City. The Metropolitan Trial Court ruled in favor of Concepcion, which was affirmed by the Regional Trial Court. When the defendants failed to file a supersedeas bond or timely appeal, the RTC issued a writ of execution pending appeal. The defendants' subsequent Motion to Remand was denied as dilatory. The Court of Appeals and Supreme Court both affirmed the lower courts' decisions. The Supreme Court emphasized that under Section 21, Rule 70 of the Rules of Court, RTC decisions in ejectment cases are immediately executory without prejudice to appeal, unlike previous rules that allowed defendants to prevent execution by posting periodic deposits. The case clarifies the procedural requirements for execution pending appeal in ejectment cases and the ministerial duty of courts to issue writs of execution when requirements are met.

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