Petitioner
The Shell Company of the Philippines
Respondent
Hon. Presiding Judge of the Regional Trial Court of Agusan del Norte
Citation
G.R. No. 64149
Court
Supreme Court
Division
Second Division
Ponente
Regalado, J.
Decided
June 19, 1991

Summary

Shell Company petitioned for certiorari to nullify a writ of execution awarding P624,042.23 to dealer Eustaquia Sastre, claiming the trial court lacked jurisdiction to award overpayment amounts not specifically pleaded. The underlying case involved Sastre's collection of unpaid commissions from 1954-1962 petroleum product sales. During trial, Sastre presented 102 checks totaling P642,028.20 as evidence of payments to Shell, with Shell's counsel admitting their authenticity. The trial court found overpayment based on these checks plus uncollected commissions, less Shell's acknowledged debt. After Shell's failed appeals, the Supreme Court dismissed the certiorari petition, ruling that all issues were already decided with finality in prior proceedings under res adjudicata principles. The Court emphasized that litigation must end and final judgments cannot be recalled through subsequent suits, allowing execution to proceed against Shell's properties.

Statutes applied

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By the Intellegal Editorial Board · June 19, 1991

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