Petitioner
The Heirs of Remigio Tan
Respondent
The Honorable Intermediate Appellate Court
Citation
G.R. No. 76330
Court
Supreme Court
Division
Second Division
Ponente
Sarmiento, J.
Decided
July 29, 1988

Summary

This consolidated case involves heirs of Remigio Tan challenging the execution of a final judgment regarding inheritance property rights. The original dispute arose when Remigio's siblings sued to recover their shares in family properties allegedly held in trust. After Remigio's death, the trial court ordered his heirs to reconvey one-seventh shares of three properties to each sibling. The decision became final and executory in 1984. During execution, Remigio's heirs claimed their liability should be limited to their inheritance value under Civil Code Articles 774 and 1311. The Supreme Court denied this claim, holding that once a judgment becomes final and executory, it cannot be modified except for clerical errors. The Court emphasized that petitioners had the opportunity to raise the limited liability issue during trial and appeal but failed to do so, and procedural finality prevents such modifications during execution.

Statutes applied

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By the Intellegal Editorial Board · July 29, 1988

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