Back

Perla Campania Seguros, Inc. vs. Alfredo B. Concepcion, et al.

PERLA COMPANIA DE SEGUROS, INC., petitioner, vs. HON. ALFREDO B. CONCEPCION as Presiding Judge of the Court of First Instance of Cavite, Branch IV-Tagaytay City and MIGUEL ILAGAN, respondents.

G.R. No. L-56590 | 1981-05-29

D E C I S I O N 

TEEHANKEE, J: 

The Court hereby sets aside the questioned orders of respondent judge disapproving herein petitioner's appeal bond in Civil Case No. TG-438 of the Court of First Instance of Cavite, Branch IV, Tagaytay City, upon the ground that said bond "is void and unenforceable for lack of a principal debtor or obligation," and peremptorily declaring his judgment under appeal as having become final and executory and ordering execution thereof. A mere technical defect or imperfection in the filing of an appeal bond does not render the decision subject of the appeal immediately final and executory, for where said...