- Title
- Fabular vs. Court of Appeals
- Case
- G.R. No. L-52118
- Decision Date
- Dec 15, 1982
- Petitioner Fabular's land title confirmed; trial court modified writ post-finality, but SC ruled modification void due to lack of jurisdiction.
204 Phil. 654
SECOND DIVISION
[ G.R. No.52118. December 15, 1982 ] PERFECTO FABULAR, PETITIONER, VS. HONORABLE COURT OF APPEALS AND VICENTE FLANDEZ, RESPONDENTS.
D E C I S I O N
D E C I S I O N
DE CASTRO, J.:
Petitioner filed an application for registration of title under Act No. 496 before the Court of First Instance of Leyte, Branch VII, over one parcel of land which measures an area of 1,016 square meters, located at Hilongos,
The decision having become final, the court a quo, upon motion of petitioner, ordered on
Two (2) months after the issuance of the writ of execution and more than four (4) years from the promulgation of the decision, private respondent filed a motion dated
A motion for reconsideration dated
The Court of Appeals said that a review of the decision of the court a quo discloses that private respondent had planted the eight coconut trees. Hence, the challenged order therefore conforms with the substance of the decision and is not an amendment thereof and is in conformity with Article 448 of the New Civil Code which provides:
"Article 448. The owner of the land on which anything has been built, sown or planted in good faith, shall have the right to appropriate as his own the works, sowing or planting after payment of the indemnity provided for in articles 546 and 548, x x x."The main issue raised by petitioner is whether the Court of Appeals committed an error in sustaining the trial court in the issuance of the order dated
The issue should be resolved in the affirmative. We find for the petitioner.
The judgment in this case had long become final and had in fact been executed. It is now beyond the power of the lower court, or of this Court for that matter, to modify the same. Settled is the rule that after a judgment has become final, no additions can be made thereto, and nothing can be done therewith except its execution; otherwise, there would be no end to litigations, thus setting at naught the main role of courts of justice, which is to assist in the enforcement of the rule of law and the maintenance of peace and order, by setting justiceable controversies with finality.
We do not agree with the ruling of the respondent Court of Appeals that the questioned order dated
In the present case, the dispositive portion of the trial court's decision of March 17, 1971 ordered petitioner to compensate private respondent only the amount of P10.00 corresponding to the two (2) non-fruit bearing coconut trees. Since the decision is already final and has been executed, the trial court acted without jurisdiction in modifying the writ of execution by ordering petitioner to pay private respondent for eight (8) coconut trees at P20.00 per tree.
WHEREFORE, the judgment of the Court of Appeals is hereby reversed and another one entered declaring that lower court's orders dated
SO ORDERED.
Concepcion, Jr., Guerrero, Abad Santos, and Escolin, JJ., concur.Makasiar, (Chairman), in the result.
Aquino, J., see concurrence.
Fariscal Vda. de Emnas vs. Emnas, 95 SCRA 474.
Robles vs. Timario, 107 Phil, 809.
CONCURRING OPINION
AQUINO, J.:
I concur. Perfecto Fabular and his lawyer could have avoided wasting the time of the courts in this trivial incident by simply paying P100 to Vicente Flandez.
The trial judge by using its good offices should have endeavored to convince Fabular and his lawyer accommodate Flandez by paying him P160.
Surely, the expenses, time and energy used in settling this petty dispute exceeded P160.