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Natividad Nazareno vs CA, Hon Napoleon Dilag, Presiding Judge, RTC, Br XV, Romeo & Eliza Nazareno

NATIVIDAD P. NAZARENO, petitioner, vs. COURT OF APPEALS, HON. NAPOLEON V. DILAG, Presiding Judge, RTC-Cavite, Branch XV, ROMEO P. NAZARENO and ELIZA NAZARENO, respondents.

G.R. No. 131641 | 2000-02-23

D E C I S I O N

BELLOSILLO, J.:

A writ of execution must conform to the judgment to be executed; it may not vary the terms of the judgment it seeks to enforce. Nor may it go beyond the terms of the judgment sought to be executed. Where the execution is not in harmony with the judgment which gives it life, and in fact exceeds it, it has pro tanto no validity. To maintain otherwise would be to ignore the constitutional provision against depriving a person of his property without due process of law.1 [Matuguina Integrated Wood Products, Inc. v. Court of Appeals, G.R. No. 98310, 24 October 1996, 263 SCRA 491.]

Adjudication of ownership...