G.R. No.

132601 January 19, 1999

LEO ECHEGARAY, petitioner,

vs.
SECRETARY OF JUSTICE, ET AL., respondents.

Ponente: PUNO, J.:

FACTS: 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.

Issue: Whether or not the court loses its jurisdiction on a decided case with
a final judgment.

Ruling: . The Supreme Court cannot 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. The SC does not lose its jurisdiction over a case with a final judgment
rendered upon 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.

ONGTECO, ERIKA THERESE GONZAGA

CIVIL PROCEDURE
TOPIC: RULE MAKING POWER OF THE SUPREME COURT