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LOURDES B. FERRER v. JUDGE ROMEO A. RABACA

This case has been cited 1 times or more.

2015-10-14
BERSAMIN, J.
This case presents the opportune occasion to remind judges of the first level courts to always adhere to the mandate of Section 19, supra, by issuing writs of execution upon motion of the plaintiffs in actions for ejectment whenever the defendants have failed to stay execution. They should not leave to the appellate courts the action on the motions for execution because that action would be too late in the context of Section 19. The trial and appellate judges should constantly be mindful of the summary nature of the ejectments actions, and of the purpose underlying the mandate for immediate execution, which is to prevent the plaintiffs from being further deprived of their rightful possession.[41] Otherwise, they stand liable for gross ignorance of the law or procedure.