This case has been cited 2 times or more.
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2002-02-27 |
BELLOSILLO, J. |
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| While the Decision commands petitioner to "execute a Deed of Absolute Sale in favor of [private respondents] and deliver the corresponding Transfer Certificate of Title" to them and that only a public document would serve to cede ownership of an immovable property,[25] such as the house and lot in question, we cannot infer from these directives that petitioner should also pay for the expenses in notarizing the deed and in obtaining a new certificate of title. The obligation to pay for such expenses is unconnected with and distinct from the obligations to execute and deliver the deed of absolute sale and the certificate of title. Since there is no qualification that the duties to execute and to deliver shall also compel petitioner to assume the expenses for transferring the pertinent title in favor of private respondents, the ordinary and literal meaning of the words "execute" and "deliver" should prevail,[26] that is, for petitioner to perform all necessary formalities of the deed of sale[27] and give or cede the res of the certificate of title (that certificate which naturally must be in their possession since petitioner cannot give what it does not have) to the actual or constructive control of private respondents.[28] Needless to stress, petitioner can actually discharge these obligations without settling for its own account the expenses which private respondents are demanding. In this regard, petitioner can appear before the notary public for notarization of the deed of absolute sale and assist in the cancellation of the certificate of title in its name by giving this certificate together with the deed of absolute sale to private respondents for presentation at the Registry of Deeds, which it has several times expressed willingness to do. | |||||
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2001-08-20 |
BELLOSILLO, J. |
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| Too elementary is the rule that a decision once final is no longer susceptible to amendment or alteration except to correct errors which are clerical in nature,[8] to clarify any ambiguity caused by an omission or mistake in the dispositive portion,[9] or to rectify a travesty of justice brought about by a moro-moro or mock trial.[10] A final decision is the law of the case and is immutable and unalterable regardless of any claim of error or incorrectness.[11] | |||||