This case has been cited 3 times or more.
2013-11-12 |
BERSAMIN, J. |
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The general rule is that, except to correct clerical errors or to make nunc pro tunc entries, a final and executory judgment can no longer be disturbed, altered, or modified in any respect, and that nothing further can be done but to execute it.[17] A final and executory decision can, however, be invalidated via a petition to annul the same or a petition for relief under Rules 47 and 38, respectively, of the 1997 Rules of Civil Procedure (Rules).[18] | |||||
2012-07-11 |
BRION, J. |
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Indeed, a final and executory decision can only be annulled by a petition to annul it on the ground of extrinsic fraud and lack of jurisdiction, or by a petition for relief from a final order or judgment under Rule 38 of the Revised Rules or Court.[18] We find it significant that the petitioner filed no such petition; instead, it filed an action to quiet title to assail the allegedly invalid final and executory December 4, 1985 decision or the Bureau of Lands. Well-settled is the rule that once a judgment becomes final and executory, it can no longer be disturbed, altered or modified in any respect, except lo correct clerical errors or to make nunc pro tunc entries. Nothing further can be done to a final judgment except to execute it.[19] "[T]he prevailing party should not be denied the fruits of his victory by some subterfuge devised by the losing party."[20] In sum, in this case, the petitioner opted for the wrong remedy and must now suffer for it. | |||||
2012-06-27 |
SERENO, J. |
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Such service to Atty. Espinas, as petitioners' counsel of record, was valid despite the fact he was already deceased at the time. If a party to a case has appeared by counsel, service of pleadings and judgments shall be made upon his counsel or one of them, unless service upon the party is specifically ordered by the court. It is not the duty of the courts to inquire, during the progress of a case, whether the law firm or partnership representing one of the litigants continues to exist lawfully, whether the partners are still alive, or whether its associates are still connected with the firm.[20] |