This case has been cited 2 times or more.
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2014-10-08 |
DEL CASTILLO, J. |
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| Since PDB's Omnibus Motion for Reconsideration and for New Trial was filed late and the 15-day period within which to appeal expired without PDB filing the requisite notice of appeal, it follows that its right to appeal has been foreclosed; it may no longer question the trial court's Decision in any other manner. "Settled is the rule that a party is barred from assailing the correctness of a judgment not appealed from by him."[34] The "presumption that a party who did not interject an appeal is satisfied with the adjudication made by the lower court"[35] applies to it. There being no appeal taken by PDB from the adverse judgment of the trial court, its Decision has become final and can no longer be reviewed, much less reversed, by this Court. "Finality of a judgment or order becomes a fact upon the lapse of the reglementary period to appeal if no appeal is perfected, and is conclusive as to the issues actually determined and to every matter which the parties might have litigated and have x x x decided as incident to or essentially connected with the subject matter of the litigation, and every matter coming within the legitimate purview of the original action both in respect to matters of claim and of defense."[36] And "[i]n this jurisdiction, the rule is that when a judgment becomes final and executory, it is the ministerial duty of the court to issue a writ of execution to enforce the judgment;"[37] "execution will issue as a matter of right x x x (a) when the judgment has become final and executory; (b) when the judgment debtor has renounced or waived his right of appeal; [or] (c) when the period for appeal has lapsed without an appeal having been filed x x x."[38] | |||||
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2007-01-26 |
VELASCO, JR., J. |
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| Compromises are generally to be favored and cannot be set aside if the parties acted in good faith and made reciprocal concessions to each other in order to terminate a case. This holds true even if all the gains appear to be on one side and all the sacrifices on the other (emphasis supplied).[56] One final note. While the Court can commiserate with respondent Acero in his sad plight, nonetheless we have no power to make or alter contracts in order to save him from the adverse stipulations in the Compromise Agreement. Hopefully this case will serve as a precaution to prospective parties to a contract involving titled lands for them to exercise the diligence of a reasonably prudent person by undertaking measures to ensure the legality of the title and the accurate metes and bounds of the lot embraced in the title. It is advisable that such parties (1) verify the origin, history, authenticity, and validity of the title with the Office of the Register of Deeds and the Land Registration Authority; (2) engage the services of a competent and reliable geodetic engineer to verify the boundary, metes, and bounds of the lot subject of said title based on the technical description in the said title and the approved survey plan in the Land Management Bureau; (3) conduct an actual ocular inspection of the lot; (4) inquire from the owners and possessors of adjoining lots with respect to the true and legal ownership of the lot in question; (5) put up signs that said lot is being purchased, leased, or encumbered; and (6) undertake such other measures to make the general public aware that said lot will be subject to alienation, lease, or encumbrance by the parties. Respondent Acero, for all his woes, may have a legal recourse against lessor David Victorio who inveigled him to lease the lot which turned out to be owned by another. | |||||