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PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. 46457. October 12, 1939. ]

THE GOVERNMENT OF THE PHILIPPINE ISLANDS, Plaintiff-Appellee, v. ANTONINO DE ASIS, Defendant-Appellant.

Mariano Manahan, Jr. for Appellant.

Ramon Diokno for Appellee.

SYLLABUS


COURTS; JURISDICTION TO ORDER TRANSFER OF POSSESSION AND ADMINISTRATION OF MORTGAGED PROPERTIES AFTER ALLOWANCE OF BILL OF EXCEPTIONS. — As a general rule, after allowance of the bill of exceptions, the trial court loses jurisdiction over its judgment. The trial court, however, retains jurisdiction to appoint receivers (Velasco v. Gochuico, 28 Phil., 39), and to make any order for the protection and preservation of the rights of the parties on the property during the pendency of the appeal (Dizon v. Moir, 36 Phil., 759). Plaintiff’s motion for the transfer of the possession and administration of the properties, partakes of the nature of a petition for a receivership, designed to protect its rights thereto. Allowance of motion of this kind is, as to the trial court, a matter of discretion, which does not appear to have been abused, specially because the decision of the lower court confirming the judicial sale of the property in question in favor of plaintiff-appellee, has already been affirmed by this court.


D E C I S I O N


MORAN, J.:


In a foreclosure suit filed by the Government of the Philippines against the defendant, Antonino de Asis judgment was rendered in favor of the former. The mortgaged properties were sold and, thereafter, the sale was confirmed. Defendant, by bill of exceptions, appealed from the order of confirmation, and while the appeal was pending before this Court, plaintiff filed a motion in the court below praying that the possession and administration of the properties be turned over to it. Motion was granted and defendant appealed.

The main question here raised is whether or not the lower court, after allowance of the bill of exceptions, has jurisdiction to order the transfer of the possession and administration of the mortgaged properties from appellant to appellee.

As a general rule, after allowance of the bill of exceptions, the trial court loses jurisdiction over its judgment (Ayllon v. Shiojo, 26 Phil., 195; Sumulong v. Imperial, 51 Phil., 251; Gov’t. of P. I. v. Mendoza, 51 Phil., 403), and over all contentious matters connected with the issues in the case (Rustia v. Judge of Court of First Instance of Batangas, 44 Phil., 62; Viuda de Sy-Quia v. Concepcion, 60 Phil., 186). The trial court, however, retains jurisdiction to appoint receivers (Velasco v. Gochuico, 28 Phil., 39), and to make any order for the protection and preservation of the rights of the parties on the property during the pendency of the appeal (Dizon v. Moir, 36 Phil., 759).

Plaintiff’s motion for the transfer of the possession and administration of the properties, partakes of the nature of a petition for a receivership, designed to protect its rights thereto. Allowance of motion of this kind is, as to the trial court, a matter of discretion, which does not appear to have been abused, specially because the decision of the lower court confirming the judicial sale of the property in question in favor of plaintiff-appellee, has already been affirmed by this court. (G. R. No. 45483, April 12, 1939.)

Order is affirmed, with costs against Appellant.

Avanceña, C.J., Villa-Real, Imperial, Diaz, Laurel, and Concepcion, JJ., concur.

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