G.R. Nos. 135180-81 & 135425-26 - HEIRS OF THE LATE JUSTICE JOSE B. L. REYES REPRESENTED BY ADORACION D. REYES AND HEIRS OF EDMUNDO A. REYES, NAMELY, MA. TERESA P. REYES AND CARLOS P. REYES, VS. COURT OF APPEALS AND METRO MANILA BUILDERS, INC..

Ruling

WHEREFORE, and considering the foregoing, judgment is hereby rendered in favor of the plaintiff heirs of J.B.L. Reyes, thru Adoracion D. Reyes, and heirs of Edmundo Reyes namely Ma. Teresa P. Reyes, and Carlos P. Reyes and against the defendant Metro Manila Builders, Inc. ordering the latter: 1. And all persons claiming right under it to vacate, surrender and cede possession of the leased premises to plaintiffs; 2. To pay plaintiffs, P300,000.00 for every month from notice to vacate until possession is finally turned over to plaintiffs, with legal interest; 3. To pay plaintiff the amount of P20,000.00 as for attorneys fees; and, 4. To pay the cost of suit" [12] On May 16, 1997, petitioners filed with the Metropolitan Trial Court, Pasay City, Branch 45 a motion for execution of the judgment of eviction. [13] On the other hand, respondent appealed the decision to the Regional Trial Court, Pasay City, Branch 113. [14] However, respondents failed to file their appeal memorandum on time and so the court dismissed their appeal. In its appeal to the RTC, respondent MMB, Inc. never raised the issue of jurisdiction. Hence, on November 5, 1997, respondent MMB, Inc. filed an appeal to the Court of Appeals. [15] On November 26, 1997, MTC Branch 45, Pasay City, [16] granted the motion for execution that petitioners filed. Consequently, on December 1, 1997, the trial court issued the corresponding writ of execution. [17] However, on December 8, 1997, the Court of Appeals issued a temporary restraining order [18] against the execution of the ejectment judgment. Even before the appellate court could rule on the injunctive relief, respondent MMB, Inc. withdrew its appeal. [19] In a resolution dated February 17, 1998, the Court of Appeals allowed the withdrawal. [20] Simultaneously with the withdrawal of the first CA case, [21] on February 17, 1998, private respondent also filed a petition for annulment of the ejectment decision before the Regional Trial Court, Pasay City, Branch 231 (RTC 231) [22] on the ground that the MTC had no jurisdiction over the ejectment case. MMB, Inc. prayed for a temporary restraining order and/or preliminary injunction against the execution of the ejectment decision. The court, however, did not issue a temporary restraining order (TRO) against MTC Branch 45, Pasay City. On March 5, 1998, petitioners filed with the Regional Trial Court their memorandum in support of their opposition against the injunctive relief sought by MMB, Inc. [23] On March 20, 1998, petitioners filed with the same court a motion to dismiss. [24] In an attempt to dramatize its plea, on March 23, 1998, respondent MMB, Inc. filed another petition with the Court of Appeals [25] , for certiorari and mandamus complaining about what it termed as the sub-silencio denial by the lower court of their application for injunctive relief. [26] On March 23, 1998, the Court of Appeals issued a resolution giving petitioners, as respondents therein, ten ((10) days from notice withi