Execution pending appeal

Normally, execution may only be allowed when the case has become final and executory. But a party may move for execution pending appeal, even before final judgment, under the following circumstances laid down by Section 2, Rule 39 of the Revised Rules of Court:

a. by motion by the prevailing party with notice to the adverse party;

b. with good reasons for issuing execution; and

c. that the good reasons should be stated in a Special Order

One of the "good reasons" that may be accepted is when the appeal is clearly and obviously frivolous and dilatory in nature, where the appellant has failed to adduce substantial valid and meritorious defenses against the appellee. But the same reason cannot be used by the trial court where the case is already within the purview of the appellate court. The authority to disapprove an appeal rightfully pertains to the appellate court. (Heirs of Gavino Sabenal v. Hon. Benjamin Gorospe, G.R. No. 50168, September 30, 1988, 166 SCRA 145)

Filing of a bond required by the court also constitutes special ground authorizing the court to issue writ of execution pending appeal. The decision to grant a writ of execution pending appeal rests upon the sound discretion of the court based on the sufficiency or insufficiency of the special reasons cited in the motion.

Another good reason considered by courts is when the appellee is already old and of frail health. Because of this fact, appellee  may not be able to live long enough or survive to enjoy the reliefs and rights granted to her under the decision sought to be executed pending appeal (De Leon, et al. vs. Soriano, L-7648, September 17, 1954; PBC vs. CA, 279 SCRA 364; and Ma-ao Sugar Central vs. Canete, 19 SCRA 646).

Parties in interest in the enforcement of a contract

Is a plaintiff in a case for enforcement of contract which was for the benefit of another a real party in interest in that case?

Plaintiff is not affected by defendant's alleged intrusion on the right of way which was the subject of a condition in their deed of sale. They must show that they stand to be injured or benefitted by the outcome of the case. Can the Deed of Absolute Sale be a source of any right in their favor?

Under the Rules, an action for specific performance, like any other civil action, must be instituted by the real party in interest.

In Goco vs. Court of Appeals (G.R. No. 157449, April 6, 2010): “One having no material interest to protect cannot invoke the jurisdiction of the court as the plaintiff in an action. When the plaintiff is not the real party in interest, the case is dismissible on the ground of lack of cause of action.”

If in case the party who has the sole interest in this case has already abandoned de facto his property (dominant estate) in the said area long before the use of part of the pathway by defendant, plaintiff clearly has no right to assert something which the supposed beneficiary has already abandoned. Defendants is no longer under any obligation to provide a right of way in any size or width because of the change in circumstance which annuls the crux of the original agreement being sought to be enforced.

Moreover, the Deed of Absolute Sale is precisely named so because it attaches no conditions for which the conveyance was made. While plaintiff wanted to make sure that the existing right of way  she has with the beneficiary will be respected by the new owner (buyer), such agreement cannot be considered sine qua non to the validity and enforcement of the sale. For in fact, said agreement was made for the benefit of another person and that person therefore is the real party in interest who can assert such right, granting arguendo that such right of action has not been extinguished, based on the deed of sale.

Requisites of a class suit

A class suit is an action where one or more may sue for the benefit of all. However, there are requisites that must be complied with for one to be able to file a class suit, and this will have to depend on the attendant facts, not the designation in the pleadings as a class suit.

The requisites are: (CRIS)

1.)  subject matter must be of  Common or general interest to many persons;
2.)  parties are so numerous that it is Impracticable to join all parties;
3.) Sufficiently numerous and representative as to fully protect the interests of all concerned; and
4.) Representatives sue or defend for the benefit of all.

Pay parties may or may not have a common interest in the questions involved in a class suit. What is required is a common or general interest in the subject matter of the suit.

There shall be no class suit when the interests represented are conflicting.

Right of action and cause of action

The elements of a cause of action are:

1.) a Right (in favor of the plaintiff)
2.) an Obligation (of the defendant to respect such right)
3.) Violation of this right (by the defendant)

A cause of action is substantive in character, while a right of action is procedural in character. There can be no right of action without a cause of action first being established.

But the existence of a cause of action does not guarantee a right of action. In Philippine American General Insurance Co. vs. Sweet Lines, Inc. (G.R. No. 87434 August 5, 1992), the Supreme Court held:

"In the case at bar, there is neither any showing of compliance by petitioners with the requirement for the filing of a notice of claim within the prescribed period nor any allegation to that effect. It may then be said that while petitioners may possibly have a cause of action, for failure to comply with the above condition precedent they lost whatever right of action they may have in their favor or, taken in another sense, that remedial right or right to relief had prescribed." [emphasis supplied]