ECHEGARAY v.

SECRETARY OF JUSTICE rules, any suitable process or mode of proceeding may be adopted which appears
Rule-making Power of the Supreme Court | Date | Ponente conformable to the spirit of said law or rules.”
- The Court also rejected public respondent’s contention that by granting the TRO, the Court
Nature of Case: Urgent Motion for Reconsideration has in effect granted reprieve which is an executive function under Sec. 19, Art. VII of the
Digest maker: Africa Constitution. In truth, an accused who has been convicted by final judgment still possesses
collateral rights and these rights can be claimed in the appropriate courts.
SUMMARY: Secretary of Justice questioned the issuance of TRO which stayed Echegaray’s
execution on the ground that SC lost its jurisdiction over the case after it has become final
and executory. Court disagrees. Pursuant to Sec. 6 of Rule 135, which provides that "when RULING: TRO has been lifted as it already produced its desired result, which is the
by law jurisdiction is conferred on a court or judicial officer, all auxiliary writs, processes clarification of the issue whether Congress is disposed to review capital punishment.*
and other means necessary to carry it into effect may be employed by such court or officer,”
it is within the jurisdiction of the Court to control the execution of its decision.

DOCTRINE: When the judgment has become final, what the Court loses is its jurisdiction to NOTE:
amend, modify, or alter. However, it retains its jurisdiction to execute and enforce it. • Grounds for issuance of TRO: petitioner averred that the members of congress had sought
for his executive clemency and review of death penalty law. It was also of judicial notice
that the 11th Congress is a new Congress and has no less than one hundred thirty (130) new
FACTS:
members whose views on capital punishment are still unexpressed.
1. Upon automatic review of the petitioner’s case, death penalty was imposed on Echegaray
• TRO lifted since Secretary of Justice produced the following:
for raping the 10-year old daughter of his common-law spouse.
a. The public pronouncement of President Estrada that he will veto any law repealing
2. Echegaray then filed a petition questioning the constitutionality of RA No. 8177 (Lethal
the death penalty involving heinous crimes.
Injection Law). This, however, was denied by the court. It was further held that the
b. The resolution of Congressman Golez, et al., that they are against the repeal of the
respondent was enjoined from enforcing the said law until the Sec. 17 and 19 of the rules
law;
and regulation to implement it are amended, which was complied with by Secretary of
c. The fact that Senator Roco's resolution to repeal the law only bears his signature
Justice Cuevas.
and that of Senator Pimentel.
3. However, on 4 January 1999, SC issued a temporary restraining order staying the execution
of the petitioner Echegaray.
4. The Secretary of Justice then assailed the issuance of the TRO alleging that the Supreme
Court lost its jurisdiction over the case after the decision has become final and executory.

ISSUE/S & RATIO:

1. WON the SC still has the jurisdiction over the case after the decision becomes final and
executory. — YES
- When the judgment has become final, what the Court loses is its jurisdiction to amend,
modify, or alter. However, it retains its jurisdiction to execute and enforce it.
- The power to control the execution of the SC’s decision is an essential aspect of its
jurisdiction. It cannot be the subject of substantial subtraction for the Constitution vests the
entirety of judicial power in one SC and in such lower courts as may be established by law.
- The most important part of a litigation, whether civil or criminal, is the process of execution
of decisions where supervening events may change the circumstance of the parties and
compel courts to intervene and adjust the rights of the litigants to prevent unfairness.
- This is also to Sec. 6 of Rule 135, which provides that "when by law jurisdiction is conferred
on a court or judicial officer, all auxiliary writs, processes and other means necessary to
carry it into effect may be employed by such court or officer and if the procedure to be
followed in the exercise of such jurisdiction is not specifically pointed out by law or by these