Back

State Investment Trust vs Delta Motors Corp

STATE INVESTMENT TRUST, INC., petitioner, vs. DELTA MOTORS CORPORATION, respondent.

G.R. No. 144444 | 2003-04-03

D E C I S I O N

PANGANIBAN, J.:

Elementary is the rule that res judicata cannot arise from a judgment that has not attained finality. The finality of the decision is, in fact, the first requirement for the application of this doctrine. We also hold that without a final judgment, a trial court's order of execution has no leg to stand on. On the other hand, an order authorizing execution pending appeal is likewise improper because it was issued after the appeal has been perfected.

The Case

Before us is a Petition for Review[1] under Rule 45 of the Rules of Court, seeking to set aside the November 16, 1999 Decision[2] of the Court of...