Jose Oliver Successors, Co., Recurrente-Apelante, Contra Mariaño Nable, Juez Del Juzgado Municipal De La Ciudad De Manila, Y Marcelo Castillo, Recurridos-Apelados

Summary

This case involved a dispute over a municipal judge's authority to amend his judgment. Jose Oliver Successors Co. sued Marcelo Castillo for P55 balance on a radio purchase. The Manila Municipal Court initially ordered Castillo to pay P20 or return the radio. After notification, the judge amended the judgment giving Castillo 30 days to pay. When Castillo timely offered payment but the company refused, he deposited the money with the court clerk. The judge then ordered the radio returned to Castillo. The company filed certiorari challenging the judge's authority to amend. The Supreme Court affirmed that the municipal judge properly amended the judgment within the 15-day appeal period and correctly executed the alternative judgment when payment was timely tendered, consistent with Civil Code provisions on creditor's election of remedies.