G.R. No. L-52118 - Fabular vs. Court of Appeals

Petitioner Perfecto Fabular filed an application for land registration under Act No. 496 for a parcel of land measuring 1,016 square meters in Hilongos, Leyte.
The application was opposed by private respondent Vicente Flandez.
After trial, the Court of First Instance of Leyte rendered a decision on March 17, 1971, confirming Fabular's ownership and ordering him to compensate Flandez P10.00 for two non-fruit bearing coconut trees planted by Flandez's father.

The decision became final, and on July 9, 1975, the court ordered the issuance of a writ of execution.
The writ was issued on July 17, 1975, and Fabular paid Flandez the amount of P10.00 as ordered.
Two months later, on September 3, 1975, Flandez filed a motion for reconsideration, claiming ownership of eight coconut trees and seeking increased compensation.

On October 10, 1975, the lower court modified the writ of execution, ordering Fabular to pay Flandez P20.00 per coconut tree for a total of eight trees.
Fabular filed a motion for reconsideration on November 18, 1975, arguing that the original decision could not be modified as it had become final and executed.
The motion was denied on April 20, 1976, prompting Fabular to file a petition for certiorari and prohibition with the Court of Appeals.

The Court of Appeals dismissed Fabular's petition on September 12, 1979, asserting that the modification conformed to the substance of the original decision and was not an amendment.
The appellate court referenced Article 448 of the New Civil Code, which allows landowners to appropriate improvements made in good faith after compensating the builder.

The Supreme Court found that the Court of Appeals erred in sustaining the lower court's modification of the judgment.
It reiterated the principle that once a judgment becomes final, it cannot be modified except for execution purposes, to prevent endless litigation.
The Court emphasized that only the dispositive portion of a decision is subject to execution, while the body of the decision serves merely as reasoning.

The dispositive portion of the March 17, 1971 decision only ordered Fabular to pay P10.00 for two coconut trees, making the lower court's modification witho...continue reading