Petitioner
Resurreccion Obra
Respondent
Sps. Victoriano Badua & Myrna Badua
Citation
G.R. No. 149125
Court
Supreme Court
Division
Second Division
Decided
August 9, 2007

Summary

Supreme Court reversed RTC orders directing removal of fence blocking pathway on petitioner's property. Original case seeking easement of right-of-way over northern portion of Obra's property was dismissed when court found adequate alternative pathway existed on southern portion. When Obra later fenced the southern pathway, RTC erroneously treated this as violation of final judgment and ordered fence removal. Supreme Court held that dispositive portion of judgment controls - dismissal meant no easement was established. Court cannot modify final executory decision through execution orders. RTC exceeded jurisdiction by creating easement not adjudicated in original case. Case establishes principle that execution orders must conform to judgment's fallo, and courts lose jurisdiction to alter final decisions except for execution purposes.

Statutes applied

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By the Intellegal Editorial Board · August 9, 2007

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