Tuesday, June 5, 2012

EJECTMENT SUIT CANNOT BE ABATED OR SUSPENDED BY THE MERE FILING OF ANOTHER ACTION RAISING OWNERSHIP OF THE PROPERTY AS AN ISSUE.


Only in rare instances is suspension allowed to await the outcome of a pending civil action. In Vda. de Legaspi v. AvendaƱo (G.R. No. L-40437, September 27, 1977, 79 SCRA 135) and Amagan v. Marayag, (383 Phil. 486, 489 {2000}), the Supreme Court ordered the suspension of the ejectment proceedings on considerations of equity. It explained that the ejectment of petitioners therein would mean a demolition of their house and would create confusion, disturbance, inconvenience, and expense. Needlessly, the court would be wasting much time and effort by proceeding to a stage wherein the outcome would at best be temporary but the result of enforcement would be permanent, unjust and probably irreparable. (SAMONTE vs. CENTURY SAVINGS BANK, G.R. No. 176413, November 25, 2009, Third Division, Nachura, J.). 

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