This case has been cited 2 times or more.
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2008-07-09 |
QUISUMBING, J. |
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| SEC. 21.Immediate execution on appeal to Court of Appeals or Supreme Court. The judgment of the Regional Trial Court against the defendant shall be immediately executory, without prejudice to a further appeal that may be taken therefrom. Thus, the judgment of the RTC against the defendant in an ejectment case is immediately executory. Unlike Section 19,[36] Rule 70 of the Rules, Section 21 does not provide a means to prevent execution; hence, the court's duty to order such execution is practically ministerial.[37] Section 21 of Rule 70 presupposes that the defendant in a forcible entry or unlawful detainer case is unsatisfied with the judgment of the RTC and decides to appeal to a superior court. It authorizes the RTC to immediately issue a writ of execution without prejudice to the appeal taking its due course. Nevertheless, it should be stressed that the appellate court may stay the said writ should circumstances so require.[38] | |||||
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2005-12-02 |
QUISUMBING, J. |
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| Under Section 19,[10] Rule 70 of the Revised Rules on Civil Procedure, a judgment on a forcible entry and detainer action is immediately executory to avoid further injustice to a lawful possessor, and the court's duty to order the execution is practically ministerial.[11] The defendant may stay it only by (a) perfecting an appeal; (b) filing a supersedeas bond; and (c) making a periodic deposit of the rental or reasonable compensation for the use and occupancy of the property during the pendency of the appeal.[12] Once the Regional Trial Court decides on the appeal, such decision is immediately executory under Section 21,[13] Rule 70, without prejudice to an appeal, via a petition for review, before the Court of Appeals or Supreme Court.[14] | |||||