This case has been cited 1 times or more.
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2008-01-28 |
AZCUNA, J. |
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| Section 19(2) (3), Rule 70 of the Rules of Court requires that all moneys deposited by the defendant to stay execution of the judgment shall be held until the final disposition of the appeal, and shall be disposed of in accordance with the provisions of the judgment. It likewise provides that the plaintiff will be allowed to withdraw the money when the defendant agrees or fails to oppose plaintiff's petition. The purpose of this is to avoid damage that the defendant may suffer if plaintiff should be allowed to withdraw the money deposited when the plaintiff's right to collect the money is in issue.[4] | |||||