Government of the Philippine Islands v. De Asis
REITERATIONFacts
The Antecedents: The Government of the Philippine Islands filed a foreclosure suit against Antonio de Asis. Judgment was rendered in favor of the Government, the mortgaged properties were sold, and the sale was pending appeal before the Supreme Court. Procedural History: The plaintiff (Government) filed a motion in the lower court praying for the possession and administration of the properties to be turned over to it. The motion was granted, and the defendant (Antonio de Asis) appealed this order. The Petition: The defendant-appellant questioned the jurisdiction of the lower court to order the transfer of possession and administration of the mortgaged properties after the allowance of the bill of exceptions.
Issue(s)
Whether the lower court, after the allowance of the bill of exceptions, has jurisdiction to order the transfer of the possession and administration of the mortgaged properties from the appellant to the appellee.
Ruling
The Supreme Court affirmed the order of the lower court, holding that the trial court retains jurisdiction to make orders for the protection and preservation of the rights of the parties on the property during the pendency of an appeal.
Ratio Decidendi
On the jurisdiction of the lower court after allowance of bill of exceptions: The general rule is that after the allowance of a bill of exceptions, the trial court loses jurisdiction over its judgment and contentious matters connected with the issues in the case. However, the trial court retains jurisdiction to appoint receivers and to make any order for the protection and preservation of the rights of the parties on the property during the pendency of the appeal. The plaintiff's motion for the transfer of possession and administration of the properties partakes of the nature of a petition for a receivership, designed to protect its rights thereto. The allowance of such a motion is a matter of discretion for the trial court, and in this case, no abuse of discretion appears, especially since the decision confirming the judicial sale had already been affirmed by the Supreme Court. Therefore, the lower court had the jurisdiction to issue the questioned order.
Main Doctrine
A trial court retains jurisdiction to make orders for the protection and preservation of the rights of the parties on the property during the pendency of an appeal, even after the allowance of a bill of exceptions, as such orders partake of the nature of a petition for receivership.