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)
Saturday, July 18, 2009
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