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HEIRS OF CARLOS CABALLERO v. ANTONIO P. SOLANO

This case has been cited 1 times or more.

2002-02-27
BELLOSILLO, J.
We rule for petitioner. Firstly, it must be stressed that the assailed rulings of the HLURB and the Court of Appeals pertain to proceedings which have for their purpose the execution of the 14 November 1995 HLURB Decision. Obviously the Decision has long become final and, as petitioner alleges, has also been completely satisfied. Under these facts, the HLURB is thus left with no other authority but to enforce the dispositive part of its Decision which it can no longer amend, modify or alter in a manner affecting the merits of the judgment.[20] Since the instant petition alleges the amendment or modification of the HLURB Decision which was beyond the authority of the HLURB and the Court of Appeals to do, the proper remedy clearly is a petition for certiorari under Rule 65 of the Rules of Court. In Estate of Salud Jimenez v. Philippine Export Processing Zone,[21] we said -