This case has been cited 2 times or more.
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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] | |||||