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J.D. LEGASPI CONSTRUCTION v. NLRC

This case has been cited 4 times or more.

	GR No. 170515 2010-05-06	MARMOSY TRADING v. CA PEREZ, J.
Now, nothing is more settled in law than when a final judgment becomes executory, it thereby becomes immutable and unalternable. The judgment may no longer be modified in any respect, even if the modification is meant to correct what is perceived to be an erroneous conclusion of law or fact, and regardless of whether the modification is attempted to be made by the court rendering it or by the highest court of the land. The only recognized exception are the correction of clerical errors or the making of so-called nune pro tunc entries which cause no injury to any party, and, of course, where the judgment is void x x x.[38]
	GR No. 182299 2010-02-22	WILFREDO M. BARON v. NLRC VILLARAMA, JR., J.
Evidence shows that petitioners were properly notified of the charges against them. They received letters [36] signed by Jose Y. Sy instructing them to explain within seventy-two (72) hours from receipt why they should not be dismissed for their offenses. They were likewise warned that failure to reply would mean that they were waiving their right to present evidence in their favor. Furthermore, petitioners were afforded the chance to defend themselves during the scheduled investigation on April 12, 2000. Given the foregoing, it is clear that the required procedural due process for their termination was strictly complied with. When parties have been given an opportunity to be heard and to present their case, there is no denial of due process. [37]
	GR No. 131913 2007-06-08	SPS. DELIO GUINYAWAN AND EMILIA GUINYAWAN v. LOUISA AYOGAT AUSTRIA-MARTINEZ, J.
Due process is served where a party is given an opportunity to be heard, whether or not he actually avails himself of it.[46]
	GR NO. 147396 2006-07-31	TIRSO ENOPIA v. CA AUSTRIA-MARTINEZ, J.
Before proceeding further, the Court stresses the point that this case does not include Nano's case, as the NLRC Resolutions dated March 12, 1999 and July 9, 1999, dismissing his appeal are already final and executory, and in fact, entry of judgment has already been made thereon.[17] Hence, it can no longer be reversed or modified,[18] and whether right or wrong, it has become immutable.[19]