This case has been cited 1 times or more.
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2009-02-12 |
AUSTRIA-MARTINEZ, J. |
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| It is a general rule that the writ of execution should conform to the dispositive portion of the decision to be executed, and that the execution is void if it is in excess of and beyond the original judgment or award, for it is a settled general principle that a writ of execution must conform strictly to every essential particular of the judgment promulgated.[39] Where the judgment of an appellate court has become final and executory and has been returned to the lower court, the only function of the latter is the ministerial act of carrying out the decision and issuing the writ of execution. [40] In addition, a final and executory judgment can no longer be amended by adding thereto a relief not originally included.[41] | |||||