Lawyerly

You're currently signed in as:
User

WILSON P. YU v. CA

This case has been cited 2 times or more.

	GR No. 169501 2007-06-08	B.E. SAN DIEGO v. ROSARIO T. ALZUL VELASCO, JR., J.
Definitely, they cannot. The reason is that petitioner was not impleaded as a party in the Malabon City RTC civil case, CA-G.R. CV No. 33619, nor in G.R. No. 109078 and hence is not under the jurisdiction of said courts. What were determined and decided in the CA Decision in CA-G.R. CV No. 33619 were the annulment of the titles of spouses Carlos and Sandra Ventura, the reinstatement of said titles to the name of petitioner, and the declaration that the ownership of the lots subject of said titles will be transferred to respondent. There is no directive to respondent granting her the right to pay the balance of the price to petitioner and, more importantly, there is no order for petitioner to accept the payment. The dispositive or fallo of the decision is what actually constitutes the judgment or resolution of the court that can be the subject of execution. Where there is a conflict between the dispositive portion of the decision and its body, the dispositive portion controls irrespective of what appears in the body of the decision.[34] Such being the case, petitioner is not duty bound to accept any tender of payment from respondent precisely because such diktat is absent in the fallo of the CA Decision which was affirmed by this Court in its December 26, 1995 Resolution in G.R. No. 109078.
	GR No. 169501 2007-06-08	B.E. SAN DIEGO v. ROSARIO T. ALZUL VELASCO, JR., J.
Definitely, they cannot. The reason is that petitioner was not impleaded as a party in the Malabon City RTC civil case, CA-G.R. CV No. 33619, nor in G.R. No. 109078 and hence is not under the jurisdiction of said courts. What were determined and decided in the CA Decision in CA-G.R. CV No. 33619 were the annulment of the titles of spouses Carlos and Sandra Ventura, the reinstatement of said titles to the name of petitioner, and the declaration that the ownership of the lots subject of said titles will be transferred to respondent. There is no directive to respondent granting her the right to pay the balance of the price to petitioner and, more importantly, there is no order for petitioner to accept the payment. The dispositive or fallo of the decision is what actually constitutes the judgment or resolution of the court that can be the subject of execution. Where there is a conflict between the dispositive portion of the decision and its body, the dispositive portion controls irrespective of what appears in the body of the decision.[34] Such being the case, petitioner is not duty bound to accept any tender of payment from respondent precisely because such diktat is absent in the fallo of the CA Decision which was affirmed by this Court in its December 26, 1995 Resolution in G.R. No. 109078.