VICENTE NAVALES, PLAINTIFF-APPELLEE, VS. EULOGIA RIAS, ET AL.

,
DEFENDANTS-APPELLANTS.

Facts:

In the case of Vicente Navales vs Rias wherein the plaintiff Navalez filed a complaint
against Rias for the damage amounting P1,200 for the destruction of Navales constructed
house in the land owned by Rias.

the constructed house of Navales was ejected by mere execution of the Sheriff to the
rendered decision. The Court favored Navales declaring decision of justice of the peace
was illegal as well as the execution of said order by the Sheriff, making defendants liable
for damages.

Issue:

Whether or not appealed “res adjudicata” (an issue already decided by court) be deemed
final and executory.

Held:

The judgement rendered by the justice of the peace for the ejectment of Navales house,
has not been appealed, the decision is deemed final. By virtue of the final decision against
Vicente Navales, the deputy sheriff have just carried out the judgment into execution thus
obliged to destroy the said house and removed it from the land, in accordance to the usual
procedure in the action for ejectment.

Section 72 of the Code of Civil Procedure reads:

Execution. — If no appeal from a judgment of a justice of the peace shall be perfected as

herein provided, the justice of the peace shall, at the request of the successful party, issue
execution for the enforcement of the judgment, and the expiration of the time limited by
law for the perfection of an appeal.

Therefore, for the reasons herein before set forth, the judgment appealed from is hereby
reversed, and the complaint for damages filed by Vicente Navales against Eulogia Rias
and Maximo Requiroso is dismissed without special ruling as to costs.