Case Digest (G.R. No. 126442)
Facts:
Baguio v. Bandal, G.R. No. 126442, December 29, 1998, Supreme Court Third Division, Purisima, J., writing for the Court. Petitioners Felicito Baguio and Neofita Simbajon sought certiorari under Rule 65 to annul an Order of the Regional Trial Court (RTC) of Negros Oriental, Branch 30, amending the dispositive portion of its final and executory judgment and the RTC's subsequent denial of their motion for reconsideration.The underlying action was Civil Case No. 4622, an action for annulment of documents, partition, accounting, and damages. The trial court (then Presiding Judge Enrique C. Garrovillo) rendered a Decision dated October 12, 1987, ordering, among other things, delivery of possession of "Lot 1868, PLS-321" and the partition of that lot among identified heir groups. That decision became final and executory on December 20, 1994.
On September 12, 1995, the RTC ordered issuance of a writ of execution. On September 22, 1995, defendants (now petitioners) moved to quash the writ, asserting inability to comply because Lot No. 1868 was then owned and possessed by the heirs of Flavia Factoran. Plaintiffs (now private respondents) moved, on February 25, 1996, to amend paragraphs 8 and 9 of the 1987 Decision to correct the lot number from "1868" to "1898", contending that the pleadings and evidence consistently referred to Lot No. 1898.
Acting Presiding Judge Rosendo B. Bandal, Jr. granted the motion and, by Order (annexed and dated May 9, 1996 per the petition), amended the dispositive paragraphs to read "Lot No. 1898." Petitioners filed a motion for reconsideration on June 3, 1996, which the RTC denied on...(Pro-only)
Issues:
- Did the Regional Trial Court commit grave abuse of discretion in amending the dispositive portion of its final and executory judgment to change the lot number from 1868 t...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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