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PNB vs. Court of Appeals, etal.

PHILIPPINE NATIONAL BANK, petitioner, vs. Hon. COURT OF APPEALS, Hon. JUDGE JOB MADAYAG, in his Official Capacity as the Pairing Presiding Judge of the Regional Trial Court in Makati, Branch 146, DEPUTY SHERIFF ARMANDO DE GUZMAN, (in his capacity as Special Sheriff, and MILAGROS ONG SIY, respondents.

G.R. Nos. 86105-06 | 1989-09-29

D E C I S I O N


MEDIALDEA, J.:

The main issue in this petition for certiorari is the question of what would constitute "good reasons" to justify execution of judgment pending appeal, under Section 2, Rule 39 of the Revised Rules of Court.

The facts of the case are stated in the Court of Appeals' decision as follows:

In an original complaint for replevin with damages (CC No. 13579, RTC, Makati) which was amended upon proper motion, Milagros Ong Siy (Siy for short), a buy and sell dealer of steel sheets and plates and other metal products, under the business name, Bignay Trading, sought the collection from the Philippine National Bank...