GR L 3223; (October, 1950) (Digest)
G.R. No. L-3223; October 10, 1950
James McI. Henderson, Philippine Alien Property Administrator, and The National Rubber Goods Manufacturing Co., Inc. vs. Bienvenido A. Tan, Judge of the Court of First Instance of Rizal, Rizal City Branch, and Joseph Arcache
FACTS
The National Rubber Goods Manufacturing Co., Inc., a Philippine corporation, had 72% of its shares vested in the Philippine Alien Property Administrator as enemy property (Japanese-owned). Respondent Joseph Arcache filed a foreclosure case against the company based on a 1942 mortgage. The company was declared in default, and judgment was rendered in Arcache’s favor but included a proviso suspending execution under the moratorium executive order. The judgment became final. Later, without notice to the company or the Administrator, Arcache moved to lift the moratorium clause. The court granted the motion, allowed the sale of mortgaged properties, and confirmed the sheriff’s deed in favor of Arcache. The Administrator and the company only learned of these proceedings later and sought to annul them.
ISSUE
Whether the trial court could, by an interlocutory order, amend or delete a substantive provision (the moratorium clause) from a final judgment.
RULING
No. The trial court acted in excess of its jurisdiction. Once a judgment becomes final, it can only be amended to correct clerical errors or misprisions, not to alter its substance. The inclusion of the moratorium clause was a deliberate judicial act, not a clerical error. Any alleged error in its inclusion should have been corrected by appeal, not by a post-finality order. Therefore, the order of May 9, 1949, lifting the moratorium clause, and all subsequent proceedings, including the sale and confirmation, are declared void. Certiorari is proper to correct such excess of jurisdiction.
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