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Marciano Chua, et al. vs. CA, et al.

SPOUSES MARCIANO CHUA and CHUA CHO, petitioners, vs. COURT OF APPEALS and SPOUSES MARIANO C. MORENO and SHEILA MORENO, respondents.

G.R. No. 113886 | 1998-02-24

D E C I S I O N

PANGANIBAN, J:

To stay the execution pending appeal of a judgment in an ejectment suit, the Rules require the defendant to file a supersedeas bond. What is the nature of this 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?

The Case

The Court answers the foregoing questions as it resolves this petition for review on certiorari assailing the December 15, 1993 Decision 1 of the Court of Appeals 2 in CA-G.R. SP. No. 32236, which disposed as follows: 3

"WHEREFORE, the petition is GRANTED, the orders dated June 10, 1993 and June 17, 1993 are...