519 Phil. 637
SANDOVAL-GUTIERREZ, J.:
On December 8, 1994, the RTC rendered its Decision finding Carantes guilty as charged and sentencing him to pay a fine of P5,000.00 with subsidiary imprisonment in case of insolvency and "to remove or demolish the subject structures."That in or about the month of April 1991 in the City of Baguio, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, did then and there willfully, unlawfully and feloniously construct or cause to be constructed a house at Magsaysay Drive, Brgy. Apugan, BCEPZA, Baguio City, without first securing the requisite building permit from the Building Official or Government authorities concerned, in violation of the aforementioned law.
CONTRARY TO LAW.
Carantes filed a Motion for Reconsideration but it was denied on July 20, 1999, thus:Acting upon the accused's Manifestation/Motion dated April 12, 1999, the same is hereby DENIED on the ground that the Decision of December 8, 1994 rendered by this Court in the above-entitled case speaks of two (2) structures. On appeal, the Court of Appeals rendered a Decision dated May 19, 1997 finding no reversible error in the judgment appealed from, hence, the Decision of this Court was AFFIRMED in toto.The Court of Appeals' Decision, which also speaks of "structures," having become final and executory, let a writ be issued for the demolition of the other structure of the accused subject of this case.
The Decision of this Court needs no clarification. It is clear therefrom that the offense for which the accused was charged involved the construction of two structures, not one as claimed by the accused. In fact, the Resolution of the City Prosecutor finding a prima facie case of Violation of P.D. 1096 against the accused and which became the basis of accused's prosecution in court also speaks of two houses or structures illegally constructed by the accused.
The dispositive portion reads:1. The issuance of the building permit by the City Engineer in favor of Carantes operates to legalize the construction of the subject structure; and
2. The CAR-CALC No. 022 issued to Carantes by the DENR vested in him a right over the area occupied by him.
Petitioner PEZA filed a motion for reconsideration but it was denied by the trial court in an Order dated January 17, 2000. This prompted petitioner to file with this Court the instant petition for certiorari and mandamus, alleging inter alia that the trial court committed grave abuse of discretion amounting to lack or excess of jurisdiction in modifying the final Decision of the Court of Appeals by recognizing the building permit issued by the City Engineer of Baguio City. Besides, under both Republic Act No. 7916[2] and Presidential Decree No. 66,[3] as amended, the administration and enforcement of the National Building Code in all export processing zones is vested in the PEZA Administrator. The City Engineer of Baguio City is thus without jurisdiction to issue any building permit in areas under PEZA. Moreover, the Certificate of Ancestral Land Claim is merely "a registered claim and not a proof of ownership."WHEREFORE, premises considered and as prayed for by the accused, no writ of execution shall issue for the demolition of the subject structure.
It is settled that when a judgment is final and executory, it becomes immutable and unalterable.[4] The judgment may no longer be modified in any respect, except to correct clerical errors or to make nunc pro tunc entries. The court which rendered judgment has the ministerial duty to issue a writ of execution. The parties may not object to the execution by raising new issues of fact or law, except under the following circumstances:SEC. 1. Execution upon judgments or final orders. — Execution shall issue as a matter of right, on motion, upon a judgment or order that disposes of the action or proceeding upon the expiration of the period to appeal therefrom if no appeal has been duly perfected.
If the appeal has been duly perfected and finally resolved, the execution may forthwith be applied for in the court of origin, on motion of the judgment obligee, submitting therewith certified true copies of the judgment or judgments or final order or orders sought to be enforced and of the entry thereof, with notice to the adverse party.
The appellate court may, on motion in the same case, when the interest of justice so requires, direct the court of origin to issue the writ of execution.
We find that none of these exceptions is present in this case.
- the writ of execution varies the judgment;
- there has been a change in the situation of the parties making execution inequitable or unjust;
- execution is sought to be enforced against property exempt from execution;
- it appears that the controversy has been submitted to the judgment of the court;
- the terms of the judgment are not clear enough and there remains room for interpretation thereof; or
- it appears that the writ of execution has been improvidently issued, or that it is defective in substance, or issued against the wrong party, or that the judgment debt has been paid or otherwise satisfied, or the writ was issued without authority.[5]