7) Yau Vs Silverio - Rodriguez (D2017)

Digest Author: Alyssa Rodriguez
Yau vs Silverio (2008)

Petitioner: ESTEBAN YAU; ARTURO MACAPAGAL
Respondent: RICARDO C. SILVERIO, SR.; HON. IRENEO LEE GAKO JR
Ponencia: SANDOVAL-GUTIERREZ, J
DOCTRINE:
Except for correction of clerical errors or the making of nunc pro tunc entries
which causes no prejudice to any party, or where the judgment is void, the
judgment can neither be amended nor altered after it has become final and
executory. This is the principle of immutability of final judgment.
FACTS:
This is a consolidated petition of the petitions of Macapagal and Yau.
1. Esteban Yau bought a promissory note for Php 1.6M from
Philfinance, issued by the Philippine Shares Corporation
(PSC). Subsequently, Philfinance then issued postdated checks to
Yau drawn against the Insular Bank of Asia and America, all for Php
1.6M and Php 24,177 and Php5,688 (representing interests). These
were dishonored for insufficiency of funds.
2. Yau filed a complaint with the RTC for recovery of the value of the
PN and for damages against Philfinance and the members of its
board of directors, among whom are Silverio, Carlos, Macapagal,
Biagan, and Cano.
3. Except for defendant Carlos all the other defendants failed to file
their answers seasonably. Hence, the trial court issued an Order
declaring them in default and allowing Yau to present his
evidence ex parte. Carlos, although present during the hearing, did
not present evidence in his defense.
4. Silverio and his co-defendants (except Carlos) filed an MR but this
was denied. Hence, they filed a petition for certiorari with the CA
assailing the Order of default. This was dismissed by the CA (First
CA Decision). With no further appeals, this decision became final
and executory.
5. In 1991, the trial court rendered its Decision in favor of Esteban
Yau. Upon petitioner Yaus motion, the trial court issued a
corresponding writ of execution. Pursuant to this writ of execution,
the defendants bank deposits were garnished by the sheriff.
6. Silverio and Macapagal took separate courses of action. Silverio
filed with the CA a petition for reinstatement of his appeal and
annulment of the writ of execution but the CA denied this since the
Order of the RTC dismissing the Notice of Appeal had become final
and executory. While Macapagal filed with this Court (SC) a petition
for certiorari and prohibition, questioning the validity of the Decision
of the trial court, its Order of execution and the writ of execution. This
was referred to the CA where it was dismissed on the ground that

the same was barred, under the principle of res judicata, by its
previous decision upholding the validity of the trial courts order of
default (Referring to First CA decision)
7. Macapagal and Silverio filed separate petitions for review with this
Court, which were both consolidated. In 1997, this Court upheld the
rulings of the CA and dismissed the petitions.
8. Now, considering that the judgment was not fully satisfied, the sheriff
resumed the implementation of the writ. In 1999, he sent notices of
garnishment to several banks in Manila against any existing account
of Macapagal.
Macapagals Petition
9. Thereupon, Macapagal filed with the trial court a motion to quash the
writ of execution on the ground that its lifetime has expired,
contending that the judgment by the RTC which became final and
executory in 1992, could only be enforced only within five (5) years
therefrom or until 1997, hence it could no longer be enfored. For after
five (5) years and within ten (10) years from the entry of judgment, a
decision may be enforced only by an independent civil action. This
motion to quash writ of execution was denied.
10. Macapagal filed a petition for certiorari with the CA and this was
dismissed, subsequent MR denied too. Hence, Macapagal filed this
present petition with the SC, docketed as G.R. No. 171994.
Yaus Petition
11. In 2001, the sheriff found that Silverio was a co-owner of three (3)
houses located in Forbes Park and Bel-Air Village, Makati City. Thus,
the sheriff served a Notice of Levy on a house and lot in Forbes Park
and Yau emerged as the highest bidder in the auction.
12. Silverio filed with the trial court an omnibus motion praying that the
levy on execution, the notice of auction sale and the certificate of
sale be declared void. He contends that the writ of execution has
become functus oficio since more than five (5) years have
elapsed from the finality of the judgment sought to be
executed. This was denied by the trial court, subsequent MR denied.
13. Undaunted, Silverio filed a petition for certiorari with the CA
challenging the said Orders of the trial court. This petition was
GRANTED and the auction sale and transfer of the property were
declared NULL and VOID. Yaus MR for this CA decision was denied
by the CA in 2003. Hence, Yau filed the instant petition for review
on certiorari, docketed as G.R. No. 158848
14. The SC consolidate the two petitions.
ISSUES:
Whether the Decision rendered by the RTC in Civil Case No. CEB-2058 may
no longer be enforced against Silverio and Macapagal since more than five
(5) years have already lapsed from its finality
PROVISION:
Section 6. Execution by motion or by independent action. A final and
executory judgment or order may be executed on motion within five (5) years
from the date of its entry. After the lapse of such time, and before it is barred
by the statute of limitations, a judgment may be enforced by action. The
revived judgment may also be enforced by motion within five (5) years from
the date of its entry and thereafter by action before it is barred by the statute
of limitations.
RULING + RATIO: NO.
Clearly, the Court of Appeals rendered conflicting Decisions. It denied
Macapagals claim while it granted that of Silverios.
While it is true that Section 6, Rule 39 states that a judgment may be
executed on motion within five years from the date of its entry or from the
date it becomes final and executory. And after the lapse of such time, and
before it is barred by the statute of limitations, a judgment may be enforced
by action. However, there are instances where this Court allowed execution
by motion even after the lapse of five years upon meritorious grounds.
Doctrine 1
In computing the time limit for enforcing a final judgment, any interruption or
delay occasioned by the debtor will extend the time within which the writ may
be issued without scire facias (writ requiring the named party to appear in
court and show why a judgment should not be executed). Thus, the time
during which execution is stayed should be excluded, and the said time will
be extended by any delay occasioned by the debtor.
Here, the judgment of the trial court sought to be executed became final and
executory on December 26, 1991. The writ of execution was issued
on September 17, 1992. It could not be enforced for the full satisfaction of
the judgment within the five-year period because Macapagal and Silverio
filed with the Court of Appeals and this Court petitions challenging the trial
courts judgment and the writ of execution. Such petitions suspended or
interrupted the further enforcement of the writ. Because of their own
maneuvers, there has been a delay of sixteen (16) years in the enforcement
of such judgment, reckoned from its finality on December 26, 1991 up to the
present. Indeed, the enforcement of the trial courts judgment by motion has
been interrupted by the acts of Macapagal and Silverio the judgment
debtors.
Doctrine 2
Let it be stressed that with respect to Macapagal and Silverio the Decision of
the trial court has attained finality. Such definitive judgment is no longer
subject to change, revision, amendment or reversal. Upon finality of the
judgment, the court loses its jurisdiction to amend, modify or alter the
same. Except for correction of clerical errors or the making of nunc pro
tunc entries which causes no prejudice to any party, or where the judgment is
void, the judgment can neither be amended nor altered after it has become
final and executory. This is the principle of immutability of final
judgment. Every litigation must come to an end once a judgment becomes
final, executory and unappealable. For just as a losing party has the right to
file an appeal within the prescribed period, the winning party also has the
correlative right to enjoy the finality of the resolution of his case by the
execution and satisfaction of the judgment, which is the life of the law.
DISPOSITION:
WHEREFORE, we GRANT the Petition of Esteban Yau in G.R. No. 158848
and DENY the petition of Arturo Macapagal in G.R. No. 171994.

7) Yau Vs Silverio - Rodriguez (D2017)

Uploaded by

Copyright:

Available Formats

7) Yau Vs Silverio - Rodriguez (D2017)

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

7) Yau Vs Silverio - Rodriguez (D2017)

Uploaded by

Copyright:

Available Formats

Digest Author: Alyssa Rodriguez

Yau vs Silverio (2008)

was referred to the CA where it was dismissed on the ground that

You might also like