This case has been cited 2 times or more.
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2009-03-20 |
YNARES-SANTIAGO, J. |
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| Furthermore, as a matter of settled legal principle, a writ of execution must adhere to every essential particulars of the judgment sought to be executed.[15] An order of execution may not vary or go beyond the terns of the judgment it seeks to enforce.[16] A writ of execution must conform to the judgment and if it is different from, goes beyond or varies the tenor of the judgment which gives it life, it is a nullity.[17] Otherwise stated, when the order of execution and the corresponding writ issued pursuant thereto is not in harmony with and exceeds the judgment which gives it life, they have pro tanto no validity[18] - to maintain otherwise would be to ignore the constitutional provision against depriving a person of his property without due process of law.[19] | |||||
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2008-08-11 |
CORONA, J. |
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| The order of execution must substantially conform to the dispositive portion of the decision sought to be executed.[8] In the event of variance, the dispositive portion of the final and executory decision prevails. | |||||