De Los Santos v. Yatco

De Los Santos v. Yatco

G.R. No. L-13932 December 24, 1959

Bengzon, J.

Facts:

                Petitioner files for certiorari to revoke the order of respondent Judge Yatco for cancelling his previous order for execution on the parcel of land owned by the petitioner. The said parcel of land is being occupied by Fernando Mendoñez with an agreement to pay in installment the said land to the petitioners and that he shall voluntarily vacate the land and the payments he previously made shall be forfeited in favor of the plaintiff. A civil case was filed by the petitioner against Mendoñez for failure to pay as per agreement of both parties. Petitioner later filed a motion for execution to take the land back. Defendant Mendoñez moved for postponement to give both parties sufficient time to come to an agreement which was allowed by the respondent judge. It was settled by both parties that Mendoñez will secure a GSIS loan however when he was ready to make the payment the petitioner refused to abide with their agreement and now asking for a higher amount of money for payment. Finding no justification on the issuance of the writ of execution, Judge Yatco quashed said order hence this petition for certiorari based on lack of jurisdiction or abuse of discretion.

Issue:

                whether or not the respondent judge acted in lack of jurisdiction or abuse of discretion

Held:

                The court held that any judge has the jurisdiction to quash any writ of execution issued by him especially when it was improvidently issued. There is no abuse of discretion by the judge since the defendant made an opposition and proved that there is subsequent verbal agreement that amended the compromise hence the execution cannot be validly decreed without a hearing. The consequent ability of the defendant to meet his obligations by securing a GSIS loan also justifies the court’s refusal to eject him from the premises by an execution.