41 accordingly the court will exercise its discretion

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Unformatted text preview: in the body thereof afore- quoted is sanctioned by the rule that a final and executory judgment may nonetheless be "clarified" by reference to other portions of the decision of which it forms a part. In Republic v. De Los Angeles34 we ruled - This Court has promulgated many cases x x x wherein it was held that a judgment must not be read separately but in connection with the other portions of the decision of which it forms a part. Hence x x x the decision of the court below should be taken as a whole and considered in its entirety to get the true meaning and intent of any particular portion thereof x x x x Neither is this Court inclined to confine itself to a reading of the said fallo literally. On the contrary, the judgment portion of a decision should be interpreted and construed in harmony with the ratio decidendi thereof x x x x As stated in the case of Policarpio vs. Philippine Veterans Board, et al., supra, to get the true intent and meaning of a decision, no specific portion thereof should be resorted to but the same must be considered in its entirety. Hence, a resolution or ruling may and does appear in other parts of the decision and not merely in the fallo thereof x x x x The foregoing pronouncements find support in the case of Locsin, et al. vs. Paredes, et al., 63 Phil., 87, 91- 92, wherein this Court allowed a judgment that had become final and executory to be "clarified" by supplying a word which had been inadvertently omitted and which, when supplied, in effect changed the literal import of the original phraseology x x x x This is so because, in the first place, if an already final judgment can still be amended to supply an omission committed through oversight, this simply means that in the construction or interpretation of an already final decision, the fallo or dispositive portion thereof must be correlated with the body of such final decision x x x x [I]f an amendment may be allowed after a decision has already become final x x x such amendment may consist x x x either in the x x x interpretation of an ambiguous phrase therein in relation to the body of the decision which gives it life.35 We now resolve to harmonize the respective rights of the State and petit...
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