EN BANC

[G.R. No. 156228. July 2, 2013.]

MA. TERESA VIDAL, LULU MARQUEZ, AND CARLOS SOBREMONTE ,

petitioners, vs . MA. TERESA O. ESCUETA, REPRESENTED BY HERMAN
O. ESCUETA , respondent.

NOTICE

Sirs/Mesdames :

Please take notice that the Court en banc issued a Resolution dated JULY 2, 2013 , which
reads as follows:
"G.R. No. 156228 (Ma. Teresa Vidal, Lulu Marquez, and Carlos Sobremonte v. Ma.
Teresa O. Escueta, represented by Herman O. Escueta.) Before the Court is a
Motion to Correct Dispositive Portion of Decision Dated December 10, 2003 led by
counsel for West Highland Corporation on May 14, 2013, praying for the rectification of the
dispositive portion of the Decision to re ect "TCT No. 15321" and "Register of Deeds of
Mandaluyong City" instead of "TCT No. 15324" and "Register of Deeds of Muntinlupa City."
On December 10, 2003, this Court rendered its Decision af rming the July 23, 2002
Decision of the Court of Appeals in CA-G.R. SP No. 68895 which sustained the Decision of
the Regional Trial Court of Mandaluyong City, Branch 208, that reversed and set aside the
Decision of the Metropolitan Trial Court of Mandaluyong City, Branch 60; and granting the
motion for execution led by respondent Ma. Teresa O. Escueta in Civil Case No. 17520.
The fallo of the Court's Decision reads:
IN LIGHT OF ALL THE FOREGOING , the petition is DENIED . The petitioners
and all those acting for and in their behalf are directed to vacate, at their own
expense, the property covered by Transfer Certi cate of Title No. 15324 of the
Register of Deeds of Muntinlupa City and deliver possession of the property to
the vendees Mary Liza Santos, Susana Lim and Johnny Lim. This is without
prejudice to the right of the vendees to recover from the petitioners reasonable
compensation for their possession of the property from January 2000 until such
time that they vacate the property. Costs against the petitioners.

SO ORDERED. 1

On February 13, 2004, the Court's Decision became nal and executory and an Entry of
Judgment 2 was accordingly issued.
In his August 17, 2012 letter to the Court, Atty. Rogelio M. Tiempo alleged that: Mary Liza
Santos, Susana Lim and Johnny Lim, who were the vendees of the heirs of Abelardo
Escueta, sold to his client, West Highland Corporation, the subject property; on account of
the sale, TCT No. 008-20112000004 was issued in the name of the corporation; while the
case between petitioners and respondent was pending, petitioners caused the annotation
(under Entry No. 71544/T-No. 15321) of an adverse claim on the subject property; in order
to lift the annotation, which was carried over to TCT No. 008-20112000004, a petition in
court has to be led, together with a copy of the Court's Decision; and the Entry of
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 Judgment dated February 13, 2004 referred to "Transfer Certi cate of Title No. 15324 of
the Register of Deeds of Muntinlupa City" instead of "Transfer Certi cate of Title No.
15321 of the Register of Deeds of Mandaluyong City." Thus, Atty. Tiempo requested that if
TCT No. 15321 of the Register of Deeds of Mandaluyong City is erroneously indicated as
TCT No. 15324 of the Register of Deeds of Muntinlupa City in the Decision, the same be
corrected and that he be furnished with a certified true copy thereof.
In the Resolution dated January 8, 2013, this Court resolved to note without action the
August 17, 2012 letter of Atty. Tiempo.
However, Atty. Tiempo reiterated his request in his February 18, 2013 letter to the Court
thru Atty. Enriqueta E. Vidal.
On March 12, 2013, the Court again resolved to note without action the February 18, 2013
letter of Atty. Tiempo " considering that neither West Highland Corporation nor Atty.
Tiempo are parties to the instant case."
Once more, on May 14, 2013, West Highland Corporation, through Atty. Tiempo, led the
instant motion, which, as aforesaid, requested to re ect in the dispositive portion of the
Decision "TCT No. 15321" and "Register of Deeds of Mandaluyong City" instead of the
erroneous entries "TCT No. 15324" and "Register of Deeds of Muntinlupa City."
The motion is granted.
Although the movant is clearly not a party to the case, it is nonetheless the successor-in-
interest of the respondent; hence, considered as a real party-in-interest to take into
account the relief prayed for. After perusing the records, it is apparent that a clerical or
typographical error was committed when what ought to be TCT No. 15321 and Register of
Deeds of Mandaluyong City was erroneously indicated in the Court's Decision as TCT No.
15324 and Register of Deeds of Muntinlupa City. 3 The pleadings of the parties, the
documents attached to the records, and Annexes "B," "C," and "D" 4 of the instant motion
indubitably show the true and accurate TCT number of the Torrens title and the location of
the subject property.
Even if the Court's Decision attained nality on February 13, 2004, clerical or typographical
errors therein can still be corrected. While a judgment that has become nal and executory
is immutable and unalterable, it may still be modi ed if what is involved is the correction of
(1) clerical errors; (2) nunc pro tunc entries which cause no prejudice to any party; and (3)
void judgments. 5 The instant case falls squarely under the first exception.
WHEREFORE , the motion for correction is GRANTED . Accordingly, the Court's December
10, 2003 Decision is hereby CORRECTED and MODIFIED in that TCT No. 15324 and
Register of Deeds of Muntinlupa City indicated on pages 4 and 20 of the Decision are
changed and corrected to TCT No. 15321 and Register of Deeds of Mandaluyong City. Let
copies of the corrected and modi ed Decision be served on the parties and the movant
herein." (adv3)

Very truly yours,

(SGD.) ENRIQUETA E. VIDAL

Clerk of Court

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 Footnotes

1. Rollo, pp. 167-168. (Emphasis and underscoring supplied)

2. Id. at 173-174, 178.

3. Body of the Decision, id. at 151; dispositive portion, id. at 167.

4. Rollo, pp. 187-196.

5. Anthony Ordua, et al. v. Eduardo J. Fuentebella, et al., G.R. No. 176841,

September 5, 2012 (Resolution, Third Division), citing Tiu v. First Plywood
Corporation, G.R. No. 176123, March 10, 2010, 615 SCRA 117, 131; Edillo v.
Dulpina, G.R. No. 188360, January 21, 2010, 610 SCRA 590, 601; Government
Service Insurance System v. Regional Trial Court of Pasig City, Br. 71, G.R.
No. 175393, December 18, 2009, 608 SCRA 552, 579; Mercado v. Mercado,
G.R. No. 178672, March 19, 2009, 582 SCRA 11, 16-17; and Pea v.
Government Service Insurance System, G.R. No. 159520, September 19, 2006,
502 SCRA 383, 404.

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