This case has been cited 2 times or more.
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2009-01-20 |
TINGA, J. |
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| In Borja v. Court of Appeals,[45] the Court allowed the execution of the money judgment pending the resolution of the appeal on the merits. The Court noted that the circumstance of the case constituted a good reason to allow execution of the challenged judgment pending appeal. The Court explained, thus:x x x The case has been dragging for more than ten years since it was filed in 1979, with no early resolution of the appeal in sight. The elevation of the records alone from the trial court took all of six years. The proceedings in the appellate court will entail further delay. The petitioner has grown old with the case and is now 76 years of age. He fears he may no longer be in this world when the case is finally decided. | |||||
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2003-06-23 |
QUISUMBING, J. |
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| In De Leon, we upheld immediate execution of judgment in favor of a 75-year-old woman. We ruled that her need of and right to immediate execution of the decision in her favor amply satisfied the requirement of a paramount and compelling reason of urgency and justice, outweighing the security offered by the supersedeas bond.[19] In the subsequent case of Borja v. Court of Appeals,[20] we likewise allowed execution pending appeal in favor of a 76 year-old man on the ground that the appeal will take years to decide with finality, and he might very well be facing a different judgment from a Court higher than any earthly tribunal and the decision on his complaint, even if it be in his favor, would have become meaningless as far as he himself was concerned.[21] | |||||