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Philippine British Assurance vs. Intermediate Appellate Court (IAC)

PHILIPPINE BRITISH ASSURANCE CO., INC., petitioner, vs. THE HONORABLE INTERMEDIATE APPELLATE COURT, SYCWIN COATING & WIRES, INC., and DOMINADOR CACPAL, Chief Deputy Sheriff of Manila, respondents.

G.R. No. 72005 | 1987-05-29

D E C I S I O N
 
GANCAYCO, J.:

This is a Petition for Review on Certiorari of the Resolution dated September 12, 1985 of the Intermediate Appellate Court in AC-G.R. No. CR-05409 1 granting private respondent's motion for execution pending appeal and ordering the issuance of the corresponding writ of execution on the counterbond to lift attachment filed by petitioner. The focal issue that emerges is whether an order of execution pending appeal of a judgment maybe enforced on the said bond. In the Resolution of September 25, 1985 2 this Court as prayed for, without necessarily giving due course to the petition, issued a temporary...