Facts:
Deceased
Dona Rosario Fabie y Grey bequeathed the naked ownership of a parcel of land,
the building and other improvements to petitioners and the usufruct to respondent
for life. Since the improvements were destroyed during the battle for
liberation of Manila City, the Philippine War Damage Commission paid
petitioners a sum of money. The real estate taxes due on the land was however
paid by respondent from 1945-1954. In 1952, petitioners commenced a civil case
to limits respondent's usufruct to the legal interest on the value of the land.
Decisions of the lower courts as affirmed by the Supreme Court grants the
respondent 6% of the amount received from the Philippine War Damage Commission.
Acting from such decision, respondent filed a motion praying for 6% payment for
war damage with legal interest per annum. The petitioners opposed claiming that
due to respondent's failure to pay the real estate taxes, the property was
declared delinquent and sold at public auction which was consequently
repurchased by petitioners and that respondent’s usufruct over the property is
extinguished.
Issue:
Whether
or not the order July 2 and August 25, 1960 issued by the Court of First
Instance of Manila modify the Supreme Court decision in G.R. No. L-13361, as
modified by SC resolution of February 10, 1960.
Ruling:
The answer must be in the negative. The general
rule is that a decision, once executory, is beyond amendment. However, a stay
of execution of a final judgment may be authorized if necessary to accomplish
the aims of justice, as for instance, where there has been a change in the
situation of the parties which makes such execution inequitable. Thus, the writ prayed for by respondent is
denied.
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