Title
Abrigo vs. Flores
Case
G.R. No. 160786
Decision Date
Jun 17, 2013
A co-owned property in Alaminos, Laguna, was judicially partitioned between heirs, with final judgment ordering removal of encroachments. Alleged post-judgment sale of a share was deemed insufficient to delay execution, affirming immutability of final judgments.
partition of residential land
removal of encroachments
special order of demolition

Case Summary (G.R. No. 160786)

Factual Background

The litigation concerned a residential lot of 402 square meters in Alaminos, Laguna, inherited by siblings Francisco Faylona and Gaudencia Faylona. Gaudencia Faylona obtained a tax declaration in her name alone. After Francisco’s death, his widow and Gaudencia executed an extrajudicial partition assigning the western half to Francisco’s heirs and the eastern half to Gaudencia, but no ground partition occurred and both sets of heirs remained in common possession. During Gaudencia’s lifetime and after her death, the heirs of Gaudencia occupied the entire lot and constructed improvements that encroached on the western half. Petitioners’ residence, garage, and poultry pens extended into the western half.

Judicial Partition and Trial Judgment

The heirs of Francisco filed a complaint for judicial partition on July 22, 1988, docketed as Civil Case No. SP-3048. On November 20, 1989, the trial court ordered partition of the 402-square meter lot, awarding the western half to Francisco’s heirs and the eastern half to Gaudencia’s heirs, and directed the latter to pay rentals of P500 per month until the western half was in plaintiffs’ complete possession. The trial court also apportioned partition expenses equally and taxed costs against the defendants.

Appeal and Finality

The heirs of Gaudencia appealed. By decision promulgated December 28, 1995 in C.A.-G.R. CV No. 25347, the appealed judgment was affirmed except that the rental award was deleted. No further appellate remedies followed and an Entry of Judgment was issued on June 3, 1996. The November 20, 1989 decision, as modified, thus became final and executory.

Execution Proceedings and Survey

Following finality, the prevailing parties moved for execution. The RTC appointed Engr. Domingo Donato to survey and subdivide the lot and, on November 19, 1997, directed the defendants to remove improvements encroaching on the western half within two months, until January 19, 1998. Petitioners sought an extension, alleging they were negotiating an arrangement with the plaintiffs; that motion was denied on January 28, 1998. The court issued a writ of execution on February 6, 1998, which was served on petitioners on February 12, 1998, granting twenty days to remove the structures. The sheriff returned the writ PARTIALLY SATISFIED on March 6, 1998, reporting that petitioners failed to remove portions of their residence, garage, and poultry fence.

Petitioners’ Allegation of a Supervening Event

On March 4, 1998, petitioners claimed they acquired, by deed of sale, a one-fourth (1/4) undivided interest in the western half from Jimmy F. Flores, a successor-in-interest of Francisco. Petitioners argued that this March 4, 1998 sale gave them co-ownership of approximately 53.75 square meters of the western half and constituted a supervening event occurring after finality that would render execution inequitable as to them. They moved the RTC to defer resolution of the motion for demolition and to stay execution pending partition among the new co-owners.

RTC Orders and Alias Writs

The RTC denied petitioners’ motion to defer on May 13, 1998 and ordered issuance of an alias writ of execution. Petitioners moved for reconsideration on May 20, 1998; private respondents opposed, contesting the genuineness and execution of the deed and noting the deed’s lack of registration. The sheriff served an alias writ on June 16, 1998, giving petitioners until June 23, 1998 to remove the encroaching structures; the sheriff’s amended return again reflected noncompliance.

Proceedings in the Court of Appeals

Petitioners filed a special civil action for certiorari in the Court of Appeals in C.A.-G.R. SP No. 48033, alleging that the RTC gravely abused its discretion in denying their motion to defer and in denying reconsideration, on the ground that the March 4, 1998 sale was a supervening event. The Court of Appeals dismissed the petition on September 25, 2002, directed the RTC to issue a special order of demolition to implement its final and executory decision of November 20, 1989 as modified, and denied petitioners’ subsequent motion for reconsideration on October 6, 2003.

Issues Presented to the Supreme Court

Petitioners raised two assignments of error: first, that the Court of Appeals committed reversible error by affirming the RTC’s denial of petitioners’ request to defer enforcement in light of the alleged supervening event; and second, that the Court of Appeals erred in finding no abuse of discretion in the RTC’s challenged orders. The principal legal question was whether the March 4, 1998 sale by Jimmy F. Flores of his alleged one-fourth share constituted a supervening event that rendered execution of the final judgment inequitable as to petitioners.

Parties’ Contentions Before the Court

Petitioners maintained that the March 4, 1998 deed vested them with an ownership interest in the western half and thus changed their legal relationship to the judgment’s subject matter, making execution unjust. Respondents and the sheriff’s returns denied the deed’s genuineness and proper execution; respondents argued that the deed was not registered and that petitioners failed to prove the transaction by competent evidence.

Supreme Court Disposition

The Supreme Court denied the petition for review and affirmed the decision of the Court of Appeals. The Supreme Court directed the RTC, Branch 30, San Pablo City, to issue forthwith the special order of demolition to implement the final and executory decision of November 20, 1989, as modified by the Court of Appeals; declared the Supreme Court decision immediately executory; and ordered petitioners to pay the costs of suit.

Reasoning: Immutability of Final Judgment and Execution as of Right

The Court reaffirmed that a final and immutable judgment is ordinarily executed as a matter of course under Section 1, Rule 39, Rules of Court, and that prevailing parties are entitled to execution as a matter of right. The Court emphasized the doctrine of the immutability of a final judgment and observed that reopening a final judgment to reassign portions of property adjudicated by a final partition would be legally impermissible. The Court cited authorities recognizing narrow exceptions to immutability only to serve substantial justice and enumerated considerations for relaxing the doctrine, including matters of life, liberty, honor, or property, compelling circumstances, merits of the case, absence of attributable fault, lack of frivolity, and absence of unjust prejudice to the other party (cases cited in the source).

Reasoning: Narrow Scope and Proof Required for a Supervening Event

The Court explained that a supervening event is an event occurring after finality that directly affects the matter already litigated or substantially changes the parties’ rights so as to render execution unjust, impossible, or inequitable. The remedy for an established supervening event may be a stay of execution, quashal of the writ of execution, or a motion to modify the judgment to harmonize it with justice. The Court stressed that the party alleging a supervening event must establish it by competent evidence; mere allegations of a post-judgment transaction are insufficient. The Court found that even assuming the March

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