A motion to quash execution is only proper where: (a) the writ of execution varies the judgment; (b) there has been a change in the situation of the parties making execution inequitable or unjust; (c) execution is sought to be enforced against property exempt from execution; (d) it appears that the controversy has never been submitted to the judgment of the court; (e) the terms of the judgment are not clear enough and there remains room for interpretation thereof; or (f) it appears that the writ of execution has been improvidently issued, or that it is defective in substance or is issued against the wrong party, or that the judgment debt has been paid or otherwise satisfied, or the writ was issued without authority. None of these instances apply here.
Spouses Gutierrez should have addressed the issues regarding the validity of the Order dated June 23, 2003 in motion for reconsideration or appeal. Since no motion for reconsideration or appeal was filed by Spouses Gutierrez within the reglementary period, the order for reconveyance had become final and executory. Having lost the right to appeal, they can no longer assail the validity of June 23, 2003 in a motion to quash or a petition for certiorari and prohibition in the CA.
A motion to quash execution and a petition for certiorari and prohibition, are not and should not be substitutes for a lost appeal. They are not procedural devises to deprive the winning party of the fruits of the judgment in his or her favor. Courts should frown upon any scheme to prolong litigations. A judgment which has acquired finality becomes immutable and unalterable, hence, may no longer be modified in any respect except only to correct clerical errors or mistakes. Once a judgment or order becomes final, all the issues between the parties are deemed resolved and laid to rest.
The Court stresses once again that it is an important fundamental principle in the judicial system that every litigation must come to an end. Access to the courts is guaranteed. But there must be a limit thereto. Once a litigant’s rights have been adjudicated in a valid final judgment of a competent court, he should not be granted an unbridled license to come back for another try. The prevailing party should not be harassed by subsequent suits. For, if endless litigations were to be encouraged, then unscrupulous litigants will multiply in number to the detriment of the administration of justice.
http://sc.judiciary.gov.ph/jurisprudence/2008/july2008/166802.htm
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