Saturday, July 18, 2009

Execution

Contrary to petitioners’ contention, while the general rule is that the portion of a decision that becomes the subject of execution is that ordained or decreed in the dispositive part thereof, there are recognized exceptions to this rule, viz: (a).where there is ambiguity or uncertainty, the body of the opinion may be referred to for purposes of construing the judgment, because the dispositive part of a decision must find support from the decision’s ratio decidendi; and (b).where extensive and explicit discussion and settlement of the issue is found in the body of the decision. (Cojuangco v. Sandiganbayan, G.R. No. 183278. April 24, 2009)

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