This case has been cited 2 times or more.
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2009-03-25 |
TINGA, J. |
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| We disfavor delay in the enforcement of the labor arbiter's decision. Once a judgment becomes final and executory, the prevailing party should not be denied the fruits of his victory by some subterfuge devised by the losing party. Final and executory judgments can neither be amended nor altered except for correction of clerical errors, even if the purpose is to correct erroneous conclusions of fact or of law.[16] Trial and execution proceedings constitute one whole action or suit such that a case in which execution has been issued is regarded as still pending so that all proceedings in the execution are proceedings in the suit.[17] | |||||
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2007-02-28 |
QUISUMBING, J. |
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| Before a judgment becomes final and executory, that judgment may be amended. Upon finality of the judgment, the court loses its jurisdiction to amend, modify or alter the same.[10] Except for correction of clerical errors or the making of nunc pro tunc entries which causes no prejudice to any party, or where the judgment is void, the judgment can neither be amended nor altered after it has become final and executory.[11] This is the principle of immutability of final judgment that is subject only to a few exceptions.[12] None of the exceptions are present in this case. | |||||