This case has been cited 5 times or more.
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2006-09-15 |
TINGA, J. |
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| Our ruling in Alabanzas v. Intermediate Appellate Court[13] bears citation. Counsel for private respondent therein failed to file the appellant's brief with the Court of Appeals. The lapse led to the dismissal of the appeal and the subsequent finality of the lower court judgment. Disallowing the annulment of judgment sought by private respondent on the ground of negligence of her lawyer, this Court held:It is well-settled that once a decision becomes final and executory, it is removed from the power or jurisdiction of the Court which rendered it to further amend, much less revoke it (Turquieza v. Hernando, 97 SCRA 483 [1980]; Heirs of Patriaca v. CA, 124 SCRA 410 [1983]; Javier v. Madamba, Jr., 174 SCRA 495 [1989]; Galindez v. Rural Bank of Llanera, Inc., 175 SCRA 132 [1989]; Olympia International, Inc. v. CA, 180 SCRA 353 [1989]). Decisions which have long become final and executory cannot be annulled by courts (United CMC Textile Workers Union v. Labor Arbiter, 149 SCRA 424 [1987]) and the appellate court is deprived of jurisdiction to alter the trial court's final judgment (Carbonel v. CA, 147 SCRA 656 [1987]; Republic v. Reyes, 155 SCRA 313 [1987]). | |||||
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2006-09-05 |
CHICO-NAZARIO, J. |
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| The second concept - conclusiveness of judgment -states that a fact or question which was in issue in a former suit and was there judicially passed upon and determined by a court of competent jurisdiction, is conclusively settled by the judgment therein as far as the parties to that action and persons in privity with them are concerned and cannot be again litigated in any future action between such parties or their privies, in the same court or any other court of concurrent jurisdiction on either the same or different cause of action, while the judgment remains unreversed by proper authority. It has been held that in order that a judgment in one action can be conclusive as to a particular matter in another action between the same parties or their privies, it is essential that the issue be identical. If a particular point or question is in issue in the second action, and the judgment will depend on the determination of that particular point or question, a former judgment between the same parties or their privies will be final and conclusive in the second if that same point or question was in issue and adjudicated in the first suit. x x x. Res judicata is grounded on fundamental considerations of public and sound practice that at the risk of occasional error, the judgments of courts must become final at some definite date set by law.[7] After the judgment has become final, nothing can be done therewith; otherwise there can be no end to litigation, thus setting at naught the main role of courts, which is to assist in the enforcement of the rule of law and the maintenance of peace and order, by settling justiciable controversies with finality.[8] | |||||
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2005-08-12 |
SANDOVAL-GUTIERREZ, J. |
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| The 1997 Rules of Civil Procedure, as amended, took effect about three years prior to the filing of their appeal on July 14, 2000. Verily, to grant their petition would be putting a premium on their counsel's ignorance or lack of knowledge of existing Rules. He should be reminded that it is his duty to keep abreast of legal developments and of prevailing laws, rules and legal principles.[7] Unfortunately, his negligence binds his clients, herein petitioners.[8] Consequently, we cannot grant their plea considering that the loss of their remedy was due to their own negligence.[9] | |||||
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2004-08-27 |
TINGA, J, |
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| Petitioners blame the alleged negligence of their former counsel for their failure to file an appellants' brief on time. However, there is no rule more settled than that a client is bound by his counsel's conduct, negligence and mistake in handling the case.[16] Besides, petitioners had an opportunity to rectify their former counsel's blunder by timely filing a motion for reconsideration of the Resolution dismissing their appeal. As it is, their new counsel also belatedly filed their Motion for Reconsideration and/or Petition for Relief from Judgment of the Resolution of November 29, 2001. | |||||
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2004-05-28 |
TINGA, J, |
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| Citing the cases of Legarda v. Court of Appeals[26] and Alabanzas v. IAC[27], Espinosa invokes the exception to the general rule that a client need not be bound by the actions of counsel who is grossly and palpably negligent. These very cases cited demonstrate why Atty. Castillon's acts hardly constitute gross or palpable negligence. Legarda provides a textbook example of gross negligence on the part of the counsel. The Court therein noted the following negligent acts of lawyer Antonio Coronel: Petitioner's counsel is a well-known practicing lawyer and dean of a law school. It is to be expected that he would extend the highest quality of service as a lawyer to the petitioner. Unfortunately, counsel appears to have abandoned the cause of petitioner. After agreeing to defend the petitioner in the civil case filed against her by private respondent, said counsel did nothing more than enter his appearance and seek for an extension of time to file the answer. Nevertheless, he failed to file the answer. Hence, petitioner was declared in default on motion of private respondent's counsel. After the evidence of private respondent was received ex-parte, a judgment, was rendered by the trial court. | |||||