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How to stay the immediate execution of judgment in an ejectment case


● As a general rule, a judgment in favor of the plaintiff in an ejectment suit is immediately executory, in order to prevent further damage to him arising from the loss of possession of the property in question.

To stay the immediate execution of the said judgment while the appeal is pending, the foregoing provision requires that the following requisites must concur: 
  1. The defendant perfects his appeal; 
  2. He files a supersedeas bond; and 
  3. He periodically deposits the rentals which become due during the pendency of the appeal (or the reasonable value of the use and occupation of the premises). 
The failure of the defendant to comply with any of these conditions is a ground for the outright execution of the judgment, the duty of the court in this respect being ministerial and imperative. Hence, if the defendant-appellant perfected the appeal but failed to file a supersedeas bond, the immediate execution of the judgment would automatically follow. Conversely, the filing of a supersedeas bond will not stay the execution of the judgment if the appeal is not perfected. Necessarily then, the supersedeas bond should be filed within the period for the perfection of the appeal.

In short, a judgment in favor of the plaintiff in an ejectment suit is immediately executory, but the defendant, to stay its immediate execution, must: (1) perfect an appeal; (2) file a supersede s bond; and (3) periodically deposit the rentals becoming due during the pendency of the appeal. (Acbang vs. Luczon, G.R. No. 164246, January 15, 2014)


● The periodic deposits are designed to cover all rentals from the judgment of the MTC until the final judgment of the appellate court. Thus, even if an appeal has been perfected but the required periodic deposits are not made, execution may be obtained upon proper motion with notice despite the posting of a supersedeas bond because said bond covers only back rentals declared in the judgment of the Municipal Trial Court. The bond does not answer for rentals that accrue during the appeal process.

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