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asserts at the respective reliefs prayed for in those cases were different. He alleges that
the Motion to Account involved the prayer for accounting of his and respondent's
moneylending and car dealership businesses; while, the Dissolution case prayed for the
dissolution of their community property and its distribution to them.[27]
Petitioner also insists that the RTC-Tagum did not commit grave abuse of discretion in
holding respondent guilty of indirect contempt of court. He claims that the indirect
contempt charge was initiated motu proprio by the RTC-Tagum such that he did not
have to file a verified petition on the matter.[28]
Finally, petitioner maintains that the denial of respondent's notice of appeal by the RTCTagum was proper.[29] The Resolution dated August 15, 2016 of the RTC-Tagum,
relative to the Decision finding respondent guilty of indirect contempt and also ordering
the forfeiture of the subject properties in favor of petitioner, was an interlocutory order,
which was not appealable.[30]
Respondents Arguments
Respondent counters that the RTC-Tagum had no more jurisdiction over the final and
executory judgment in the PPO case such that the eventual filing of the Motion to
Account in the same case should have been dismissed outright.[31] She contends that
by the filing of petitioner of his subsequent motions in the PPO case, after the decision
therein had already been final and executory, had erroneously converted it into a case
of distribution of properties, which was absurd and beyond the authority of the RTCTagum.[32]
At the same time, respondent stresses that petitioner committed forum shopping when
he filed the Motion to Account even when he had already filed a separate Dissolution
case praying for the same remedies for accounting and distribution of properties.[33]
She adds that after the RTC-Tagum ruled in favor of petitioner and forfeited in his favor
the subject properties, petitioner then withdrew the Dissolution case. The act of
withdrawal by the petitioner showed that after having secured one remedy from the
RTC-Tagum, he sought the withdrawal of the other case. [34]
Our Ruling
The Petition lacks merit.
Application of the principle of
immutability of judgment in
this case.
At the outset, it is primordial to stress that the decision in the PPO case had long been
final and executory before petitioner filed his Dissolution case on July 23, 2014. Such
being the case, by virtue of the doctrine of immutability of judgment, this final and
executory judgment of the RTC-Tagum can no longer be altered in any way by any
court. While there are recognized exceptions to the rule on immutability of judgment,
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