G.R. No. L-44886 – 177 Phil. 134 – Remedial Law – Civil Procedure – Judgment – Immutability of Judgment – Scope of a Writ of Execution; No interest maybe executed if not part of the judgment award
Atty. Luciano Dominguez was appointed as the guardian of then child actress Nora Villamayor, also known as Nora Aunor, and her properties. In December 1974, Judge Leonor Luciano directed Nora Aunor to pay Atty. Dominguez his retainer’s fees amounting to Php108k. Nora Aunor failed to pay within the prescribed period hence Atty. Dominguez moved for the issuance of a writ of execution. The motion was granted and in April 1975, Judge Leonor issued a writ of execution directing Nora Aunor to pay Atty. Dominguez Php108k plus interest.
Nora Aunor moved for reconsideration insofar as paying the interest is concerned. Her motion was denied by Judge Leonor. Nora Aunor then filed a petition for certiorari against Judge Leonor.
ISSUE: Whether or not Judge Leonor acted with grave abuse of discretion in directing Nora Aunor to pay interest.
HELD: Yes. It is beyond the power of the courts to issue a writ of execution for the payment of the principal obligation with the interest thereon, when the judgment contains no provision on the interest to be paid on the judgment credit. Considering that the December 1974 order did not provide for the collection of interest, the April 1975 Order, directing the issuance of a writ of execution against Nora Aunor for the amount of P108,000.00, plus legal interest, was clearly made without or in excess of jurisdiction.
SIDE ISSUE: But Nora Aunor actually partially paid the interest, is she not estopped?
HELD: No. Estoppel cannot validate a void order issued without jurisdiction since jurisdiction exists as a matter of law, and may not be conferred by the consent of the parties, or by estoppel.
