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Republic of the Philippines

__th Judicial Region


Civil Case No. _______

Unlawful Detainer, etc.


Defendants filed a Notice of Appeal, dated June 4, 2016, with
attached receipts of appeal fees and mediation fee. The notice is filed on
time. However, the required filing of a supersedeas bond was not properly
made. The manifestation of defendants counsel in the Notice of Appeal
that the money amounting to Php130,000.00 consigned in Court be used
or served as supersedeas bond in favor of plaintiffs to pay the rents,
damages and costs accruing down to the time of the judgment appealed
from, does not constitute a valid filing of the said bond. The supersedeas
bond should be a separate amount than the one allegedly consigned
before the Clerk of Court of the Regional Trial Court, Tacloban City,
because, first, to the very least, the consigned amount is not within the
custody or control of this court, and more importantly, that amount as
consignation has its own purpose to serve in this case. Defendants should
have followed the proper procedures if they intended to use that amount as
supersedeas bond, such as, withdrawing it first from the custodian and file
it before this court, accordingly.
What is the nature of the supersedeas bond? How is the amount to be
computed? In what court should it be presented? At what point in the
litigation should it be filed?
Those questions were clearly enunciated by the Supreme Court in the
case of Chua, et al. vs. Court of Appeals, 1 to wit:
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.[11] To stay the immediate execution
of the said judgment while the appeal is pending, the foregoing provision requires
MORENO and SHEILA MORENO, [G.R. No. 113886. February 24, 1998]

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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.[12] 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.[13]
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.
How the Amount of Supersedeas
Bond Is Determined
Petitioners need not require the MTC to fix the amount of the supersedeas
bond. They could have computed this themselves. As early as 1947, we have held
in Aylon vs. Jugo and De Pablo that the supersedeas bond is equivalent to the
amount of rentals, damages and costs stated in the judgment:[16]
x x x. Under the provisions of Section 8 of the Rule, a justice of the peace or
a municipal court may require the defendant to file a bond for an amount
which would cover the stipulated rentals, as found by the judgment of the
Court, or the reasonable value for the use and occupation of the premises, at
the rate determined by the judgment, damages and costs down to the time of
the final judgment in the action. The reasonable value for the use and
occupation of the premises, the possession of which is sought to be
recovered, is that fixed by the Court in the judgment, because the rental
stipulated in the contract of lease that has expired or terminated may no
longer be the reasonable value for the use and occupation of the premises as
a result or by reason of the change or rise in values. But the bond together
with the appeal is only to prevent the immediate execution of a judgment
rendered against the defendant in forcible entry and detainer cases. Such
execution must be prevented further by paying to the plaintiff or depositing
with the Court of First Instance, during the pendency of the appeal, the
stipulated rental due from time to time under the contract, as found by the
judgment of the Court, or, in the absence of a contract, the reasonable value
for the use and occupation of the premises for the preceding month, on or
before the tenth day of each calendar month, at the rate determined by the
judgment. (Underscoring supplied).
Under Section 8 of Rule 70, the supersedeas bond shall be equivalent to the
unpaid rentals, damages and costs which accrued before the decision was
rendered, as determined by the MTC in the said decision.[17] The bond does not
answer for amounts accruing during the pendency of the appeal, which are, in
turn, the subject of the periodic deposits to be made by the defendant.[18]
Where Is the
Supersedeas Bond Filed?
Coming back to the original question, the bond should be filed before the
MTC or, where the records have been forwarded to the RTC, before the latter
court. In either case, it should be done during the period of appeal.

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Here, defendants, having filed their Notice of Appeal ten (10) days
after receipt of the Decision, they still have the remaining period of five (5)
days within to file the required supersedeas bond. The Rules of Court
which apply to ejectment cases in a suppletory capacity, requires the filing
of a notice of appeal, etc. within fifteen (15) days from the notice of
judgment or final order.
WHEREFORE, defendants Notice of Appeal is given due course, for
being filed within the period and with proof of payment of filing fee.
However, the filing of the required supersedeas bond is denied, without
prejudice to the proper filing of the same within the remaining period.
IN CHAMBERS, ________

Presiding Judge

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