NUÑAL vs. COURT OF APPEALS
She further invokes Section 12,
G.R. No. 94005
April 6, 1993
FACTS:
Sometime in December 1974, after trial and hearing, the then
Court of First Instance (now Regional Trial court) rendered its
judgment in favor of private respondents and ordered the
partition of the property of the late Frank C. Lyon and Mary
Ekstrom Lyon. The order of partition was affirmed in toto by the
Court of Appeals in July 1982 then remanded to the lower court
and two years later, a writ of execution was issued by the latter.
On July 17, 1984, Mary Lyon Martin, daughter of the late Frank
C. Lyon and Mary Ekstrom Lyon, assisted by her counsel filed
a motion to quash the order of execution with preliminary
injunction. In her motion, she contends that not being a party to
the above-entitled case her rights, interests, ownership and
participation over the land should not be affected by a judgment
in the said case; that the order of execution is unenforceable
insofar as her share, right, ownership and participation is
concerned, said share not having been brought within the
Jurisdiction of the court a quo.
Rule 69 of the Rules of Court.
On January 1987, the lower court issued the assailed order
directing the inclusion of Mary Lyon Martin as co-owner with a
share in the partition of the property
The petitioner filed an appeal before the CA assailing the
decision of the lower court whether or not the trial court may
order the inclusion of Mary L. Martin as co-heir entitled to
participate in the partition of the property considering that she
was neither a party plaintiff nor a party defendant in Civil Case
No. 872 for partition and accounting of the aforesaid property
and that the decision rendered in said case has long become final
and executory.
ISSUE:
Whether or not the proper remedy to enforce a right of an
excluded heir to a final and executory judgment of partition is a
motion to quash said judgment?
HELD:
The Court held in the negative. The Court said that when a final
judgment becomes executory, it thereby becomes immutable The remedy of Mary Lyon Martin is to file an independent suit
and unalterable. The judgment may no longer be modified in any against the parties in Civil Case No. 872 and all other heirs for
respect, even if the modification is meant to correct what is her share in the subject property, in order that all the parties in
perceived to be an erroneous conclusion of fact or law, and interest can prove their respective claims.
regardless of whether the modification is attempted to be made
by the Court rendering it or by the highest Court of land. The
only recognized exceptions are the correction of clerical errors
or the making of so-called nunc pro tunc entries which cause no
prejudice to any party, and, of course, where the judgment is
void."

Furthermore, "any amendment or alteration which substantially

affects a final and executory judgment is null and void for lack
of jurisdiction, including the entire proceedings held for that
purpose."

In the case at bar, the decision of the trial court in Civil Case No.
872 has become final and executory. Thus, upon its finality, the
trial judge lost his jurisdiction over the case. Consequently, any
modification that he would make, as in this case, the inclusion
of Mary Lyon Martin would be in excess of his authority.