G.R. No. 100626. November 29,1991
MAIN TOPIC – Rule 38
FACTS
The City of Manila filed a complaint for unlawful detainer against Army and Navy Club (ANC) for violation of the lease agreement between them over a parcel of land on Roxas Boulevard. A summary judgment was decided in favor of City of Manila by the Metropolitan Trial Court which is affirmed by the Regional Trial Court. ANC then filed a supersedeas bond and subsequently appealed from the judgment. The petitioner filed an ex parte motion for execution on the ground that the judgment had already become final and executory under RA 6031. Judge Reyes granted the motion the same day and at 4:00 o’clock that afternoon the writ of execution was served on ANC.