G.R. No. 160786

G.R. No.
160786 June 17, 2013
SIMPLICIA O. ABRIGO and DEMETRIO ABRIGO, Petitioners,

vs.
JIMMY F. FLORES, EDNA F. FLORES, DANILO FLORES, BELINDA FLORES,
HECTOR. FLORES, MARITES FLORES, HEIRS OF MARIA F. FLORES, JACINTO
FAYLONA, ELISA FAYLONA MAGPANTAY, MARIETTA FAYLONA CARTACIANO,
and HEIRS of TOMASA BANZUELA VDA. DE FAYLONA, Respondents.
Involved in the suit is a lot with an area of 402 square meters situated in the Municipality
of Alaminos, Laguna and inherited by both Francisco (Faylona) and Gaudencia
(Faylona) from their deceased parents.
There was, however, no actual ground partition of the lot up to and after Gaudencias
death. It thus result that both the heirs of Francisco and Gaudencia owned in common
the land in dispute, which co-ownership was recognized by Gaudencia herself during
her lifetime, whose heirs, being in actual possession of the entire area, encroached and
built improvements on portions of the western half. In the case of the petitioners, a small
portion of their residence, their garage and poultry pens extended to the western half.
In a decision dated November 20, 1989, the trial court rendered judgment for the private
respondents by ordering the partition of the land in dispute in such a way that the
western half thereof shall pertain to the heirs of Francisco while the eastern half, to the
heirs of Gaudencia whose heirs were further required to pay rentals to the plaintiffs for
their use and occupancy of portions on the western half.
Defendant Simplicia O. Abrigo is now one of the four co-owners of a portion, pro-
indiviso of the property of the plaintiffs. Thus, until and unless a partition of this property
is made, the enforcement of the execution and/or demolition of the improvement would
be unjust
In order to stave off the impending demolition of their improvements encroaching the
western half of the property in litis pursuant to the special order to demolish being
sought by respondents, petitioners instituted a special civil action for certiorari in the CA
against respondents and the RTC (C.A.-G.R. SP No. 48033), alleging that the RTC had
gravely abused its discretion amounting to lack or in excess of jurisdiction in issuing the
order of May 13, 1998 (denying their motion to defer resolution on the motion for
demolition), and the order dated June 10, 1998 (denying their motion for
reconsideration).
In support of their petition, petitioners contended that the sale to them by respondent
Jimmy Flores, one of the successors-in-interest of Francisco Faylona, of his 1/4 share in
the western portion of the 402-square meter lot (under the deed of sale dated March 4,
1998) had meanwhile made them co-owners of the western portion, and constituted a
supervening event occurring after the finality of the November 20, 1989 decision that
rendered the execution inequitable as to them.
Petitioners moved for the reconsideration of the dismissal of their petition, but the CA
denied their motion on October 6, 2003
ISSUE:
Whether or not the sale by respondent Jimmy Flores of his 1/4 share in the western
portion of the 402-square meter lot constituted a supervening event that rendered the
execution of the final judgment against petitioners inequitable.
HELD:
We deny the petition for review, and rule that the CA correctly dismissed the petition for
certiorari. Indeed, the RTC did not abuse its discretion, least of all gravely, in issuing its
order of May 13, 1998 denying petitioners motion to defer resolution on the motion for
demolition, and its order dated June 10, 1998 denying petitioners motion for
reconsideration.
We deem it highly relevant to point out that a supervening event is an exception to the
execution as a matter of right of a final and immutable judgment rule, only if it directly
affects the matter already litigated and settled, or substantially changes the rights or
relations of the parties therein as to render the execution unjust, impossible or
inequitable
A supervening event consists of facts that transpire after the judgment became final
and executory, or of new circumstances that develop after the judgment attained finality,
including matters that the parties were not aware of prior to or during the trial because
such matters were not yet in existence at that time. In that event, the interested party
may properly seek the stay of execution or the quashal of the writ of execution, or he
may move the court to modify or alter the judgment in order to harmonize it with justice
and the supervening event. The party who alleges a supervening event to stay the
execution should necessarily establish the facts by competent evidence; otherwise, it
would become all too easy to frustrate the conclusive effects of a final and immutable
judgment.
Here, however, the sale by Jimmy Flores of his supposed 1/4 share in the western
portion of the property in litis, assuming it to be true, did not modify or alter the judgment
regarding the partition of the property in litis. It was also regarded with suspicion by the
CA because petitioners had not adduced evidence of the transaction in the face of
respondents, including Jimmy Flores, having denied the genuineness and due
execution of the deed of sale itself.
WHEREFORE, the Court DENIES the petition for review; AFFIRMS the decision
promulgated on September 25, 2002 in C.A.-G.R. SP No. 48033; DIRECTS the
Regional Trial Court, Branch 30, in San Pablo City to issue forthwith the special order of
demolition to implement its final and executory decision of November 20, 1989, as
modified by the Court of Appeals in C.A.-G.R. CV No. 25347; DECLARES this decision
to be immediately executory; and ORDERS petitioners to pay the costs of suit.

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G.R. No.

160786 June 17, 2013

SIMPLICIA O. ABRIGO and DEMETRIO ABRIGO, Petitioners,

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