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    Case Digest Banez-v-Banez

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    Jay Kent Roiles
    The RTC granted a petition for legal separation and ordered the division of marital assets, including requiring the respondent to surrender a house and car. The respondent appealed. The petitioner filed for execution pending appeal to obtain possession of the house and car during the appeal. The RTC granted execution pending appeal but the CA set aside the judgment. On remand, the petitioner argued she should be allowed to occupy the house, but the respondent noted she owned two homes in the US and did not intend to use the Philippine house. The court held there were no urgent circumstances justifying execution pending appeal as the petitioner did not intend to use the house and owned other homes, so forcing the respondent to vacate would cause damages without sufficient reason.

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    Case Digest Banez-v-Banez

    Uploaded by

    Jay Kent Roiles
    1K views1 page
    The RTC granted a petition for legal separation and ordered the division of marital assets, including requiring the respondent to surrender a house and car. The respondent appealed. The petitioner filed for execution pending appeal to obtain possession of the house and car during the appeal. The RTC granted execution pending appeal but the CA set aside the judgment. On remand, the petitioner argued she should be allowed to occupy the house, but the respondent noted she owned two homes in the US and did not intend to use the Philippine house. The court held there were no urgent circumstances justifying execution pending appeal as the petitioner did not intend to use the house and owned other homes, so forcing the respondent to vacate would cause damages without sufficient reason.

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    The RTC granted a petition for legal separation and ordered the division of marital assets, including requiring the respondent to surrender a house and car. The respondent appealed. The petitioner filed for execution pending appeal to obtain possession of the house and car during the appeal. The RTC granted execution pending appeal but the CA set aside the judgment. On remand, the petitioner argued she should be allowed to occupy the house, but the respondent noted she owned two homes in the US and did not intend to use the Philippine house. The court held there were no urgent circumstances justifying execution pending appeal as the petitioner did not intend to use the house and owned other homes, so forcing the respondent to vacate would cause damages without sufficient reason.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    1K views1 page

    Case Digest Banez-v-Banez

    Uploaded by

    Jay Kent Roiles
    The RTC granted a petition for legal separation and ordered the division of marital assets, including requiring the respondent to surrender a house and car. The respondent appealed. The petitioner filed for execution pending appeal to obtain possession of the house and car during the appeal. The RTC granted execution pending appeal but the CA set aside the judgment. On remand, the petitioner argued she should be allowed to occupy the house, but the respondent noted she owned two homes in the US and did not intend to use the Philippine house. The court held there were no urgent circumstances justifying execution pending appeal as the petitioner did not intend to use the house and owned other homes, so forcing the respondent to vacate would cause damages without sufficient reason.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Civil Procedure Digest Execution Pending Appeal

    Banez v. Banez

    374 SCRA

    Facts:

    The RTC of Cebu decreed legal separation between Aida and Respondent Gabriel on the ground of
    Sexual Infedelity. Dissolution of conjugal property and division of net conjugal assets forfeiture of
    Gabriels half share in the net assets in favor of common children; payment of 100,000 as attorneys fees
    and surrender of a Mazda car and small residential house to petitioner and common children 15 days
    from receipt of decision was also decreed by the same court. Respondent appealed.

    Aida filed a motion for execution pending appeal. The RTC gave due course to execution pending appeal
    and issued a writ of execution commanding the sheriff to order the respondent to vacate the house and
    surrender the Mazda car. It also ordered the petitioner to post bond to answer for all damages that
    respondents may suffer.

    The CA set aside the judgment.

    Upon motion, Aida prayed that she and her children be allowed to occupy the house for she did not
    have the chance to occupy it and besides, she posted a bond for damages that respondent may suffer.
    Respondent on the other hand argued that Aida chose not to live in the house for she owned two
    houses in the United States where she resides.

    Issue:

    Whether the execution pending appeal is justified.

    Held:

    Execution pending appeal is allowed when superior circumstances demanding urgency outweigh the
    damages that may result from issuance of writ. Otherwise, the writ may become a tool of oppression
    and inequity.

    In this case, considering the reason cited of Aida, there is no superior or urgent circumstances that
    outweigh the damages which the respondent would suffer if he were ordered to vacate the house. She
    did not refute the respondents allegations that she did not intend to use the house for she owned two
    houses in the US where she resides. Merely, putting up a bond is not sufficient to justify her plea for
    execution pending appeal.

    Manuel Rodriguez
    FEU Institute of Law

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