G.R. No. L-26364 May 29, 1968
MARIANO A. ALBERT, petitioner, vs. THE COURT OF FIRST INSTANCE OF MANILA (BR. VI), UNIVERSITY PUBLISHING CO., INC., and JOSE M. ARUEGO, respondents.

FACTS

The case involves a long-running legal dispute originating from a suit for breach of contract filed by Mariano A. Albert against University Publishing Co., Inc. After Albert’s death, his estate’s administrator, Justo R. Albert, was substituted. The Supreme Court, in G.R. No. L-15275, ultimately held the defendant liable to pay P15,000.00 with legal interest. When a writ of execution was issued, it was discovered that “University Publishing Co., Inc.” was not registered with the Securities and Exchange Commission. Petitioner then filed a verified petition for execution against the assets of Jose M. Aruego, who had signed the contract as President of the alleged corporation and whose law firm represented it. The respondent court denied the petition, ruling that Aruego was not a party to the case. This denial was appealed to the Supreme Court in G.R. No. L-19118, which set aside the lower court’s order and remanded the case, directing that supplementary proceedings be held to carry the judgment into effect against University Publishing Co., Inc. and/or Jose M. Aruego. The Supreme Court held that the non-registered entity had no separate personality from Aruego, who was the real party in interest and had his day in court. Upon remand, the lower court, presided by Judge Gaudencio Cloribel, issued orders requiring the petitioner to prove the corporation’s non-existence and setting the case for hearing on the matter, despite the Supreme Court’s final ruling in L-19118 that had already settled the issue of the corporation’s non-existence and Aruego’s liability. Petitioner filed the present petition for certiorari to annul these orders.

ISSUE

Whether the respondent judge acted without or in excess of jurisdiction or with grave abuse of discretion in issuing the orders of March 5, May 20, and July 13, 1966, which required proof of the corporation’s non-existence and set the case for hearing on that matter, thereby disregarding the final and executory judgment of the Supreme Court in G.R. No. L-19118.

RULING

Yes. The petition for certiorari and mandamus is granted. The Supreme Court set aside the questioned orders as null and void and directed the lower court to forthwith issue a writ of execution against University Publishing Company, Inc. and/or Jose M. Aruego. The Court held that the lower court’s orders constituted a deviation from the Supreme Court’s final judgment in L-19118, which had conclusively determined that the corporation was non-existent and that Jose M. Aruego was personally liable. A final judgment can no longer be altered, and the lower court’s duty was purely ministerial to execute the judgment. The lower court had no jurisdiction to reopen or re-examine the issue already decided with finality by the Supreme Court. Its orders were issued without jurisdiction and with grave abuse of discretion. Treble costs were imposed on respondent Jose M. Aruego.