1. ILLEGAL DETAINER AND FORCIBLE ENTRY; EXECUTION OF JUDGMENT; POWER OF COURT TO SET ASIDE ITS PREVIOUS ORDER OF EXECUTION. — While it is the ministerial duty of a judge of the Court of First Instance to order the return of the possession of the land subject of an action for forcible entry or unlawful detainer, if defendant fails to file a supersedeas bond and pay from time to time the amount of rents that the justice of the peace court had found to be due in its judgment, nevertheless, the Judge below has the right or power to set aside his previous order for the execution of said judgment after a finding that the real question presented in the case was one of ownership or possession of the land. (Rule 124, Sec. 5 [g])

This is an original action filed in this Court to compel the Court of First Instance of Dagupan City, Hon. E. Muñoz presiding, to immediately order the execution of a judgment rendered in Civil Case No. 73 of the Justice of the Peace Court of Bayambang, Pangasinan, entitled Jose M. Garcia v. Mrs. Roman Peña, alias Tinay and Leonides Peña, Defendants, for illegal detainer pending in the Court of First Instance on appeal. The record discloses that the above Civil Case No. 73 (Justice of the Peace Court of Bayambang, Pangasinan) was instituted by Jose M. Garcia against the defendants therein to eject the latter from a certain parcel of land situated in the poblaci