Saturday, July 21, 2012

strict compliance, execution..


 It is a settled rule that a writ of execution should strictly conform to every essential particular of the promulgated judgment as indicated in the dispositive portion (fallo) thereof since it is that portion of the decision that actually constitutes the resolution of the court.  If there is a conflict between the dispositive portion and the opinion of the court contained in the body of the decision, it would be the dispositive portion that would be controlling.  This principle is based on the theory that the dispositive portion is the final order of the court while the opinion is merely a statement ordering nothing.  A writ of execution would be rendered void if it is in excess of and beyond the original judgment or award spelled out in the dispositive portion of the decision.
            Respondent clerk of court cannot be faulted for issuing a writ of execution in accordance with the literal text of the dispositive portion of the decision.  

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