GR 94005; (April, 1993) (Digest)
G.R. No. 94005 . April 6, 1993.
LUISA LYON NUÑAL, herein represented by ALBERT NUÑAL, and ANITA NUÑAL HORMIGOS, petitioners, vs. THE COURT OF APPEALS and EMMA LYON DE LEON in her behalf and as guardian ad litem of the minors HELEN SABARRE and KENNY SABARRE, EDUARDO GUZMAN, MERCEDES LYON TAUPAN, WILFREDO GUZMAN, MALLY LYON ENCARNACION and DORA LYON DE LAS PEÑAS, respondents.
FACTS
This case originated from Civil Case No. 872, a suit for partition and accounting filed by private respondents against petitioner Luisa Lyon Nuñal (represented by her heirs) concerning a parcel of land in Isabela, Basilan City, formerly owned by Frank C. Lyon and May Ekstrom Lyon. On December 17, 1974, the trial court rendered a decision ordering the partition of the property among the plaintiffs and defendants, which became final and executory after being affirmed by the Court of Appeals on July 30, 1982. During the execution stage, Mary Lyon Martin, a daughter of the deceased owners who was not a party to the original case, filed a motion to quash the order of execution, claiming her share should not be affected. The trial court initially dismissed her motion on May 28, 1986. However, on January 9, 1987, the trial court issued an order directing the inclusion of Mary Lyon Martin as a co-owner in the partition, citing a finding in the Court of Appeals decision that she was a legitimate child of the owners. The Court of Appeals affirmed this order on February 22, 1990. Petitioners argue that the trial court had no jurisdiction to modify the final and executory judgment by including a non-party.
ISSUE
Whether the trial court may order the inclusion of Mary Lyon Martin as a co-heir entitled to participate in the partition of the property, considering she was neither a party plaintiff nor defendant in the original case and the decision had long become final and executory.
RULING
No. The Supreme Court GRANTED the petition, REVERSED and SET ASIDE the Order dated January 9, 1987 of the trial court as affirmed by the Court of Appeals, and REINSTATED the trial court’s decision dated December 17, 1974 in Civil Case No. 872.
The Court held that a final and executory judgment becomes immutable and unalterable. It may no longer be modified in any respect, except for the correction of clerical errors, nunc pro tunc entries causing no prejudice, or where the judgment is void. Any amendment or alteration that substantially affects a final and executory judgment is null and void for lack of jurisdiction. Since the decision in Civil Case No. 872 had become final and executory, the trial court lost jurisdiction over the case. Its order to include Mary Lyon Martin was a substantial modification made in excess of its authority. The proper remedy for Mary Lyon Martin is to file an independent suit against the parties in Civil Case No. 872 and all other heirs to claim her share, allowing all interested parties to prove their respective claims.