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Corazon Suyat, et al. vs. Hon. Annie Gonzales-Tesoro, Director of the Securities and Exchange Commission, Baguio Extension Office, et al.

CORAZON SUYAT, PACITA UY TAN, RODRIGO DE LA ROSA, RUBEN DE LA ROSA, and BAGUIO GARDEN HOTEL-APARTMENTS, INC., Petitioners, versus Hon. ANNIE GONZALES-TESORO, Director of the Securities and Exchange Commission, Baguio Extension Office; ESTER LAU; and Sheriff ROMEO R. FLORENDO,* Respondents.

G.R. No. 162277 | 2005-12-07

D E C I S I O N 


PANGANIBAN, J.: 

In this Decision, the Court reiterates the well-known rule that the execution of a final judgment is a matter of right on the part of the prevailing party, and mandatory and ministerial on that of the issuing court or tribunal. 

The Case 

Before us is a Petition for Review[1] under Rule 45 of the Rules of Court, assailing the October 16, 2003 Decision[2] and the January 29, 2004 Resolution[3] of the Court of Appeals (CA) in CA-GR SP No. 75376. The challenged Decision disposed as follows: 

"WHEREFORE, the petition is hereby DENIED for lack of merit."[4] 

The assailed Resolution...