Case Digest (G.R. No. L-71033)
Facts:
THE HEIRS OF REMIGIO TAN petitioned from an order directing execution of a final judgment that, after a protracted suit over family properties, had condemned them to reconvey shares and to pay monetary awards; the judgment of the Court of First Instance was affirmed with modification by the Intermediate Appellate Court and the Supreme Court denied a prior petition for review, making the judgment final on October 23, 1984. While execution proceeded, Eusebio V. Tan filed a petition in intervention claiming deprivation of property without due process and alleging conflict with Articles 774 and 1311 of the Civil Code; the cases were consolidated and reached the Supreme Court.
Issues:
- May a court modify the terms of a final and executory judgment at the execution stage?
- Were the petitioners denied due process when made liable beyond the value of their inheritance contrary to Articles 774 and 1311 of the Civil Code?
Ruling:
The Court denied the petition in G.R. No. 71033 and dismissed the intervention in G.R. No. 76330, and lifted the temporary restraining order. The Court held that the petitioners could not seek qualification or limitation of liability at the execution stage after allowing the unqualified judgment to become final and executory.
Ratio:
The Court applied the doctrine of the finality of judgment, explaining that a final and executory decision may not be altered except for clerical errors or when the judgment is void ab initio for lack of jurisdiction. Petitioners had the opportunity to raise their claim of limited liability during trial and on appeal but failed to do so; raising it only at execution was untimely and would impermissibly vary the terms of a final judgment.
Doctrine:
- A final and executory judgment cannot be modified at the execution stage except to correct clerical errors or in cases of judgments void ab initio for lack of jurisdiction.
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