Category Archives: Judgment

The doctrine of finality of judgment

The doctrine of finality of judgment is grounded on the fundamental principle of public policy and sound practice that, at the risk of occasional error, the judgment of courts and the award of quasi-judicial agencies must become final on some … Continue reading

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DOJ resolutions became final and executory when petitioner failed to elevate said resolutions directly to the CA within the 60-day reglementary period.

After petitioner’s receipt of the DOJ Secretary’s resolution denying her motion for reconsideration of the resolution dismissing her petition for review of the prosecutors’ resolutions dismissing her complaint for libel, she filed a petition for review before the OP on … Continue reading

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The fact that the judge who rendered judgment was not the one who heard the witnesses does not adversely affect the validity of conviction

Paling alleges that since the judge who penned the appealed decision is different from the judge who heard the testimonies of the witnesses, the former was in no position to observe their demeanor diligently.[32] We disagree. The fact that the … Continue reading

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The doctrine of finality of judgment or immutability of judgment and its exceptions

In advocacy of its position, FGU argues that the decision is already final and executory and, accordingly, a writ of execution should issue.  The lower court should not be allowed to hear the matter of turnover of the refrigerators to … Continue reading

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Exceptions to the general rule that final and executory judgments are immutable and unalterable

As a general rule, final and executory judgments are immutable and unalterable, except under these recognized exceptions, to wit: (a) clerical errors; (b) nunc pro tunc entries which cause no prejudice to any party; and (c) void judgments.[17] What the … Continue reading

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It is settled that a decision that has acquired finality becomes immutable and unalterable and may no longer be modified in any respect

It is settled that a decision that has acquired finality becomes immutable and unalterable and may no longer be modified in any respect, even if the modification is meant to correct erroneous conclusions of fact or law and whether it … Continue reading

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When service of notice is an issue, the rule is that the person alleging that the notice was served must prove the fact of service

The petition is meritorious. We rule that Resins, Inc. failed to prove that the Republic, via the OSG, indeed received the 17 March 1993 Judgment. At the time of the promulgation of the trial court’s judgment, the applicable rules were … Continue reading

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