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PHILIPPINE AMUSEMENT v. RUFINO G. AUMENTADO

This case has been cited 4 times or more.

2016-01-13
BRION, J.
We note at the outset that the RTC's May 6, 2008 judgment has attained finality and can no longer be altered. Once a judgment becomes final and executory, all that remains is the execution of the decision. Thus, the RTC issued the December 1, 2010 order of execution. An order of execution is not appealable;[10] otherwise, a case would never end.[11]
2013-08-13
SERENO, C.J.
First, the jurisdiction of the CA over petitions for review under Rule 43 is not limited to judgments and final orders of the CSC, but can extend to appeals from awards, judgments, final orders or resolutions issued by the latter.[58] Section 1, Rule 43 of the Rules, provides in part:Section 1. Scope. This Rule shall apply to appeals from judgments or final orders of the Court of Tax Appeals and from awards, judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions. Among these agencies are the Civil Service Commission x x x. (Emphasis supplied.)
2013-01-30
REYES, J.
Nevertheless, there are exceptions to this rule, one of which is when the writ of execution varies the judgment.[35]  Thus, in Shugo Noda & Co., Ltd. v. Court of Appeals,[36] the Court acknowledged that, in the past, it considered an appeal to be a proper remedy when it is perceived that the order varies, or may not be in consonance with, the essence of the judgment.  In such case, considerations of justice and equity dictate that there be some remedy available to the aggrieved party.[37]  Likewise, the Court, in the interest of equity or when justice demands, may interchangeably treat an appeal as a petition for certiorari under Rule 65 of the Revised Rules of Court, and vice versa.[38]
2012-07-30
PERLAS-BERNABE, J.
Recently, the Court En Banc, in Philippine Amusement and Gaming Corporation v. Aumentado, Jr.,[11] reiterated that there are exceptions to the general rule that an order of execution is not appealable, one of which is when the writ of execution varies the judgment.