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ROMULO B. DELA ROSA v. MICHAELMAR PHILIPPINES

This case has been cited 3 times or more.

2015-10-14
PERALTA, J.
Indeed, a decision issued by a court becomes final and executory when such decision disposes of the subject matter in its entirety or terminates a particular proceeding or action, leaving nothing else to be done but to enforce by execution what has been determined by the court, such as when after the lapse of the reglementary period to appeal, no appeal has been perfected.[19] However, in this case, considering that the petition was filed within the reglementary period to file a petition for certiorari, the decision had not attained finality yet. It bears stressing that a petition for certiorari under Rule 65 must be filed not later than 60 days from notice of the judgment, order or resolution sought to be annulled. Indubitably, the issuance of an entry of judgment by the NLRC cannot render a petition for certiorari as moot and academic.[20]
2014-06-30
DEL CASTILLO, J.
On the other hand, nominal damages "may be awarded to a plaintiff whose right has been violated or invaded by the defendant, for the purpose of vindicating or recognizing that right, and not for indemnifying the plaintiff for any loss suffered by him. Its award is thus not for the purpose of indemnification for a loss but for the recognition and vindication of a right."[42] The amount of nominal damages to be awarded the employee is addressed to the sound discretion of the court, taking into consideration the relevant circumstances.[43] Nevertheless, while the amount of damages is left to the discretion of the court, it has been held that
2012-12-05
VILLARAMA, JR., J.
Prefatorily, we restate the time honored principle that in a petition for review on certiorari under Rule 45 of the Rules of Court, only questions of law may be raised. Thus, in a petition for review on certiorari, the scope of the Supreme Court's judicial review is limited to reviewing only errors of law, not of fact.[84]  It is not our function to weigh all over again evidence already considered in the proceedings below, our jurisdiction is limited to reviewing only errors of law that may have been committed by the lower court.[85]