Teodoro v. Court of Appeals
REITERATIONFacts
The Antecedents: Private respondents Domingo Pervera, Braulio Obias, and Jose Pervera filed separate complaints for rescission of contract with damages against petitioner Teodoro Juliano. These cases were docketed as Civil Cases Nos. 437, 438, and 439 before the Court of First Instance of Camarines Sur. Procedural History: A judgment of default was initially rendered against petitioner. However, upon reconsideration, the trial court allowed petitioner to present evidence. Subsequently, the trial court rendered a decision dated March 31, 1973, rescinding and nullifying the "Deed of Assignment of Forest Concession" and the "Agreement on Manner of Payment" executed by the respondents in favor of petitioner. The decision also ordered the cancellation of timber licenses transferred to petitioner, restoration of possession to the respondents, and payment of damages and attorney's fees by petitioner. Petitioner appealed this decision to the Court of Appeals (CA-G.R. Nos. 54368-70-R). Meanwhile, the private respondents filed a "Motion For Execution Pending Appeal," which the trial court granted in a Resolution dated August 31, 1973, ordering the issuance of a writ of execution pending appeal. Petitioner's motions for reconsideration and nullification of the writ were denied. Petitioner then filed a petition before the Supreme Court to review the August 31, 1973 Resolution. This Court referred the petition to the Court of Appeals (CA-G.R. Nos. 02580-82-SP). The Court of Appeals dismissed the petition and dissolved the preliminary injunction it had issued. The Petition: Petitioner filed the instant petition for certiorari, with preliminary injunction, seeking to set aside the Court of Appeals' decision dated May 21, 1974, and its Resolution dated June 21, 1974, which affirmed the trial court's Resolution of August 31, 1973, ordering execution pending appeal. Petitioner prayed for a preliminary injunction to enjoin the enforcement of the decisions and to restrain the sheriff from selling his properties.
Issue(s)
Whether the Court of Appeals erred in sanctioning the trial court's Resolution ordering execution of judgment pending appeal. Whether the issue of execution pending appeal has become moot and academic.
Ruling
The petition is dismissed for being moot and academic. The temporary restraining order issued by the Court is lifted, and the Resolution dated November 25, 1974, is recalled. No costs.
Ratio Decidendi
On the issue of whether the Court of Appeals erred in sanctioning the trial court's Resolution ordering execution of judgment pending appeal: The Supreme Court noted that the main case, which was the appeal of Teodoro Juliano (petitioner herein) before the Court of Appeals (CA-G.R. Nos. 54368-70-R), was decided on September 24, 1980. This decision affirmed the trial court's ruling dated March 31, 1973, which granted the reliefs prayed for by the private respondents, namely, rescission of contracts with damages. The Court further noted that this appellate decision was not appealed to the Supreme Court, thus rendering it final and executory. Consequently, the issue concerning the propriety of the issuance of the Order of Execution Pending Appeal, dated August 31, 1973, which was affirmed by the Court of Appeals in its resolution dated May 21, 1974, has become moot and academic. The Court also observed that the respondent sheriff who executed the questioned writ of execution pending appeal, Atty. Mauro B. Fajardo, had died. On the issue of whether the issue of execution pending appeal has become moot and academic: The Court explicitly stated that the main case from which the present petition arose had already been decided on September 24, 1980, by the Court of Appeals, affirming the trial court's decision. This decision became final and executory as it was not appealed to the Supreme Court. Therefore, the question of whether the execution pending appeal was proper became moot because the main judgment itself had already attained finality. The Court's action in issuing a temporary restraining order and subsequently a resolution finding the sheriff in contempt, while significant at the time, became superseded by the final resolution of the main case.
Main Doctrine
A petition for certiorari seeking to set aside a resolution ordering execution pending appeal is rendered moot and academic when the main case, from which the appeal arose, has been decided and has become final and executory.