This case has been cited 1 times or more.
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2012-03-20 |
SERENO, J. |
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| It is a settled rule that a writ of execution should strictly conform to every essential particular of the promulgated judgment as indicated in the dispositive portin (fallo) thereto[17] since it is portion of the decision that actually a constitutes the resolution of the court.[18] Consequently, even if there is a conflict between the dispositive portion and the opinion of a court contained in the body of the decision, it would be the dispositive portion.[19] This principle is based on the theory that the dispositive portion is final order, while the opinion is merely a statement ordering nothing.[20] A writ of execution would be rendered void if it is in excess of and beyond the original judgment or award spelled out in the dispositive portion of the decision.[21] | |||||