Case Digest (G.R. No. L-52118)
Facts:
- Perfecto Fabular filed an application for land registration measuring 1,016 square meters under Act No. 496 in Hilongos, Leyte.
- The application was registered as L.R. Case No. N-15 and opposed by Vicente Flandez.
- On March 17, 1971, the Court of First Instance of Leyte ruled in favor of Fabular, confirming his ownership.
- The court ordered Fabular to pay Flandez P10.00 for two non-fruit bearing coconut trees planted by Flandez's father.
- The decision became final, and a writ of execution was issued on July 9, 1975, upon Fabular's motion.
- Fabular complied by paying Flandez on July 17, 1975.
- On September 3, 1975, Flandez filed a motion for reconsideration, claiming ownership of eight coconut trees.
- The lower court modified the writ of execution on October 10, 1975, ordering Fabular to pay P20.00 per coconut tree.
- Fabular's motion for reconsideration was denied on April 20, 1976.
- Fabular then filed a petition for certiorari and prohibition with the Court of Appeals, which dismissed the petition on September 12, 1979.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled in favor of Perfecto Fabular, reversing the Court of Appeals' decision.
- The orders dated October 10, 1975, and April ...(Unlock)
Ratio:
- The Supreme Court stated that once a judgment is final, it cannot be modified or amended, except for execution purposes.
- The court highlighted that only the explicit terms in the dispositive part of a decision are subject to execution.
- The March 17, 1971 decision only mandated Fabular to pay P10.00 for two coconut trees, which had already been executed.
- The ...continue reading
Case Digest (G.R. No. L-52118)
Facts:
The case involves Perfecto Fabular as the petitioner and Vicente Flandez as the respondent. The events took place in Hilongos, Leyte, where Fabular filed an application for the registration of title over a parcel of land measuring 1,016 square meters under Act No. 496 before the Court of First Instance of Leyte, Branch VII. This application was registered as L.R. Case No. N-15 and was opposed by Flandez. After a trial, the court rendered a decision on March 17, 1971, in favor of Fabular, confirming his ownership of the property. The court ordered Fabular to compensate Flandez with P10.00 for two non-fruit bearing coconut trees planted by Flandez's father on the property. This decision became final, and on July 9, 1975, the court issued a writ of execution upon Fabular's motion. Fabular complied by paying Flandez the ordered amount on July 17, 1975. However, two months later, on September 3, 1975, Flandez filed a motion for reconsideration, claiming ownership of eight coconut trees instead of two. The lower court modified the writ of execution on October 10, 1975, ordering Fabular to pay P20.00 per coconut tree. Fabular filed a motion for reconsideration, a...