"On finality of decision"
F:
 Leo Echegaray is a convict subject to lethal injection (RA 8177). The SC issued a temporary restraining order for the execution until it ensures that there will no longer be any repeal or modification as to the implementation of RA 8177. Such action by the court was questioned since it already rendered a final judgment on the case.

I: WON the court loses its jurisdiction on a decided case with a final judgment.

R: The SC does not lose its jurisdiction over a case with a final judgment rendered upon it. What it cannot do is modify or amend the final decision. The court held that by finality of judgment, the court loses its jurisdiction to amend the decision but retains its power to execute or enforce it. There is a difference between the jurisdiction of the court to execute its judgment and its jurisdiction to amend, modify or alter a decision. The former continues for the purpose of enforcing the judgment while the latter terminates after the final judgment is rendered for after the judgment becomes final, facts and circumstances may transpire which may render the execution unjust or impossible.
paul bucayu
6/30/2011 01:05:09 am

nice such a big help for my assignment

Reply

Your comment will be posted after it is approved.


Leave a Reply.