360 Phil. 865
PURISIMA, J.:
"8. Ordering Defendants Felicito Baguio and Neofita Simbajon to deliver the possession of Lot 1868, PLS-321 and the improvements thereon to Plaintiffs within 15 days after this decision has become final;The aforesaid judgment became final and executory on December 20, 1994.
9. Ordering the partition of Lot 1868, PLS-321 and the value of the fruits and products thereof from February 12, 1965 to the present enumerated in item "7" of this dispositive portion, inequal (sic) shares among the 10 groups of heirs respectively of Andres Absin, Juan Absin, Felipe Absin, Ana Absin, Narciso Absin, Salvador Absin, Potenciano Absin, Crisanta Absin, Molecia Absin, and Lorenzo Absin mentioned in the Fourth Amended Complaint and to submit the corresponding Partition Agreement to this Court within 5 days thereafter for confirmation;"[4]
"Treated by the Court is the Motion, dated February 25, 1996, filed by plaintiffs, through counsel, praying that the lot number, i.e. Lot No. 1868, appearing in paragraphs 8 and 9 of the Judgment of this Court, dated October 12, 1987, be amended to read as Lot No. 1898, to conform to the evidence. Plaintiffs contend, in effect, that the lot under litigation is Lot No. 1898, and that Lot No. 1868 is an erroneous number of the subject property.On June 3, 1996, petitioners presented a Motion for Reconsideration of the said Order but to no avail . Their motion was denied on August 22, 1996. Hence, the petition under scrutiny.
It appearing from paragraph 4 of the Amended Complaint, dated October 16, 1967, filed by plaintiffs, (see page 70 of the expediente), and in paragraph 4 of the Third Amended Complaint, dated September 23, 1971, (see page 210 of the expediente) and in the prayer of said Third Amended Complaint, (see page 219 of the expediente), as well as in the recital of the facts of the Decision of this Court, dated October 12, 1987 (page 254 of the expediente), that the lot in controversy is Lot No. 1898, Pls.-321, situated in the barangay of Bagacayon, La Libertad, Negros Oriental, the instant motion is granted. Well settled is the rule in our jurisdiction that a final and executory judgment of the Court may yet be amended on harmless clerical or typographical errors (Vda. de Reyes vs. Court of Appeals, 1609 SCRA 524). Furthermore, the Honorable Supreme Court has held that where there is an ambiguity caused by an omission or mistake in the dispositive portion of a decision, the court may clarify such ambiguity by an amendment even after the judgment had become final (Reinsurance Company of the Orient, Inc. vs. Court of Appeals, 198 SCRA 19; Hiyas Savings and Loan Bank vs. Court of Appeals, 202 SCRA 543).
WHEREFORE, as prayed for, paragraphs 8 and 9 of the Decision of this Court, dated October 12, 1987, is hereby amended to read in the sense that Lot No. 1868, should be written and read as Lot No. 1898.
SO ORDERED."[8]
"As earlier pointed out by plaintiffs, and latter by this Court in its assailed resolution, the lot in controversy is Lot No. 1898. This can be clearly seen in the pleadings of the parties, as well as in the evidence presented. Lot no. 1868 simply suddenly cropped up in the Judgment of this Court, dated October 12, 1987. Thus, being not the subject of the legal controversy, it is very evident that Lot no. 1868 has no bearing in this case, and was simply a product of a harmless clerical and typographical error. It is unfortunate that defendants and their counsels failed to understand a simple situation. x x x "[9]Precisely, Civil Case No. 4622 refers to no other lot than Lot No. 1898.