LIZARDO v MONTANO

FACTS:

ISSUE:

HELD:

Lizardo instituted a collection case against Eddie Mirano. Lizardo won.

Judgment included 25% of the amount payable as attorneys fees.
Miranos land was levied and Lizardo won the bidding.
13 years after the case, Atty. Montano, the lawyer of Lizardo, filed with the trial court (same trial court as in the previous
decision) an omnibus motion for payment of his attorneys fees.
Without hearing petitioner, the trial court rendered an order that Lizardo pay Montano 25% of the property and/or
annotate in the TCT the attorneys lien.
CA affirmed the RTC decision, hence this appeal.

W/N the trial court still has jurisdiction over the case 13 years after it rendered a final judgment

No, the court no longer has jurisdiction over the claim for attorneys fees.
Once a court acquires jurisdiction over a case, it retains such jurisdiction until the final termination of the case. It loses its
jurisdiction upon the finality of the decision
A final decision cannot be amended or corrected except for clerical errors, mistakes or misprisions.
In the questioned order, the court ordered Lizardo to pay attorneys fees to counsel. That is not decreed in the judgment.
Such variance rendered the order void.
What the lawyer may do is file an independent action against petitioner for collection.