This case has been cited 1 times or more.
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2004-02-23 |
SANDOVAL-GUTIERREZ, J. |
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| "The rule is that if the judgment of the metropolitan trial court is appealed to the regional trial court and the decision of the latter is itself elevated to the Court of Appeals, whose decision thereafter became final, the case should be remanded through the regional trial court to the metropolitan trial court for execution [Regalado, Remedial Law Compendium, Vol.1, p. 276]. The only exception is the execution pending appeal, which can be issued by the regional trial court under Sec. 8 of Rule 70 or the Court of Appeals or the Supreme Court under Sec. 10 of the same Rule." On another tack, it is noteworthy that the award of moral damages is likewise erroneous. The only damages that can be recovered in an ejectment suit are the fair rental value or the reasonable compensation for the use and occupation of the property.[10] | |||||