Case Digest (G.R. No. 138882)
Facts:
- Jose S. Lizardo, Sr. is the petitioner; Atty. Carmelito A. Montano is the respondent.
- On April 8, 1983, the Regional Trial Court of Kalookan City, Branch 125, decided Civil Case No. C-9009, a collection suit by Lizardo against Eddie H. Mirano.
- The court ordered Mirano to pay Lizardo P19,893.95, with 12% interest per annum from August 25, 1980, and 25% of the amount as attorney's fees, plus costs.
- The decision became final and executory as no appeal was filed.
- On October 24, 1985, a writ of execution was issued; a parcel of land owned by Mirano was sold at public auction to Lizardo for P44,239.47.
- The trial court consolidated the title to the property in Lizardo's name on March 14, 1986, and a new title was issued on September 9, 1986.
- On January 5, 1996, Atty. Montano filed a motion for attorney's fees despite the case being fully satisfied over thirteen years prior.
- The trial court ordered Lizardo to pay Montano 25% of the property value as attorney's fees on January 29, 1996, without a hearing.
- Lizardo contested this order and appealed to the Court of Appeals on July 30, 1997.
- The Court of Appeals dismissed his petition on October 20, 1998, leading Lizardo to file a petition for review on certiorari.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled in favor of Jose S. Lizardo, Sr.
- The Court declared the trial court's order dated January 29, 1996, void, as the cou...(Unlock)
Ratio:
- The Supreme Court's decision was based on the principle that a court loses jurisdiction over a case once its decision becomes final and executory, except for executing the judgment.
- The trial court's decision in 1983 was final and executory, and the judgment was fully satisfied by 1985.
- The absence of any action ...continue reading
Case Digest (G.R. No. 138882)
Facts:
The case involves Jose S. Lizardo, Sr. as the petitioner and Atty. Carmelito A. Montano as the respondent. The events leading to this case began on April 8, 1983, when the Regional Trial Court of Kalookan City, Branch 125, rendered a decision in Civil Case No. C-9009, which was a collection suit filed by Lizardo against Eddie H. Mirano. The court ordered Mirano to pay Lizardo a total of P19,893.95, plus 12% interest per annum from August 25, 1980, and 25% of the amount as attorney's fees, along with costs of the suit. The decision became final and executory as no appeal was filed. Subsequently, on October 24, 1985, a writ of execution was issued, and the Deputy Sheriff levied a parcel of land owned by Mirano, which was sold at a public auction to Lizardo for P44,239.47, covering the full amount of the judgment debt. The trial court ordered the consolidation of the title to the property in Lizardo's name on March 14, 1986, and the Register of Deeds issued a new title in his name on September 9, 1986.
However, on January 5, 1996, Atty. Montano, who represented Lizardo, filed an omnibus motion for the payment of his attorney's fees, despite the case being fully satisfied and over thirteen years having passed since the judgment. Without a hearing, the trial court issued ...