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Issue:
W/N the sale of the property is varies the previous RTC decision should no longer be litigated
anew (to allow so would permit Amparo to indirectly reopen her failed petition), (so, in short,
W/N she can still go after their dwelling despite an executory decision)
HELD
RATIO
No, she cannot raise these new
questions about the sale.
It would be unfair for her to raise her argument in this petition in the
guise of questioning the subsequent implementation orders of the RTC.
She cannot question the validity of sale because she herself said that
this was again a pending case in the CA and therefore cannot be
subject to the petition herein.
note: the sc decision became very procedural because she filed so many cases. but re: the
property, FC129 presupposes the couple has more than 1 property (ie. the conjugal dwelling).
In case you have more properties, you liquidate and divide those, then give the dwelling to the
spouse with the children. If you only have that one property, you have to sell and liquidate
that.
to make a long story short, (sa pagkakaintindi ko), she lost the house during the liquidation
stage so she made new petitions questioning the validity of sale, etc, hoping she could insert
FC 129 again to get her house.