SERRANO V. CA (REMEDIAL)

Generally, the EXECUTION UPON A FINAL JUDGMENT is a matter of right on the part of the prevailing party. It is the ministerial and mandatory duty of the trial court to enforce its own judgment once it becomes final and executory.

It may happen however, that new facts and circumstances may develop or occur after a judgment had been rendered and while an appeal therefrom is pending; or new matters had developed after the appeal has been dismissed and the appealed judgment had become final and executory, which the parties were not aware of an could not have been aware of prior to or during the trial or during the appeal, as they were not yet in existence at that time.

It is required, however, that the supervening facts and circumstances must either have a direct effect upon the matter already litigated and settled or create a substantial change in the rights or relations of the parties therein which should render execution of a final judgment unjust, impossible, or inequitable or when it becomes imperative in the interest of justice.