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Disclaimer: Ito talaga yung case na nasa syllabus. Pero walang connect sa topic.
Facts:
1. In a civil case before the CFI of QC, the parties submitted a compromise agreement whereby,
referring to the sale by installment of a parcel of land made by Pacita and Jose Delos Santos to
defendant Francisco Mendonez, they asked the court to render judgment, subject to the
following conditions:
a. Defendant shall pay to plaintiffs the amount of 1,000
b. Defendant shall pay 300 monthly installment within the first five days of every month
beginning January 1958, until the balance shall have been paid in full
c. Balance shall bear 10% interest per annum
d. Balance to pay 1,000 on or before December 26, 1957 and/or any two (2) successive
monthly installments shall be cause for plaintiffs to demand of defendant to immediately
vacate the premises with forfeiture in plaintiffs favor of all previous payments made; that if
defendant will refuse to voluntarily vacate, plaintiffs can ask for execution of judgment
against the defendant;
e. That plaintiff shall execute the necessary ABSOLUTE DEED OF SALE of the subject lot in favor
of defendant upon payment in full of the balance.
2. In December 1957, the court issued a Decision approving the compromise agreement.
3. However, in March 1958, plaintiffs filed a motion for execution because defendant Mendonez
neglected to pay monthly installments since January 1958. A hearing was scheduled but
defendants moved for its postponement to March 22, 1958.
Issue: WON Judge Yatco acted with grave abuse or lack of jurisdiction in issuing the Order quashing the
writ of execution. No.
Held: A judge has jurisdiction to quash a writ of execution issued by him, especially where it was
improvidently issued. In the case at bar, although the court has already issued the order of execution,
there being opposition on the part of the defendant, who alleged and proved a subsequent verbal
agreement amending the compromise agreement, execution could not validly be decreed without a
hearing. Petition denied.