This case has been cited 1 times or more.
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2015-12-09 |
PERLAS-BERNABE, J. |
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| However, instead of doing so, respondents erroneously filed a petition for certiorari before the CA on October 30, 2010, or way beyond the reglementary period within which to perfect an ordinary appeal. Given the improper remedy taken, the order of dismissal rendered by the RTC has, thus, become fmal and immutable and, therefore, can no longer be altered or modified in any respect. The doctrine of immutability of judgments bars courts from modifying decisions that had already attained finality, even if the purpose of the modification is to correct errors of fact or law.[35] As the only exceptions to the rule on the immutability of final judgments are (1) the correction of clerical errors, (2) the so-called nunc pro tunc entries which cause no prejudice to any party, and (3) void judgments,[36] none of which are obtaining in this case, and considering further that there lies no compelling reason to relax the rules of procedure, the CA erred when it took cognizance of respondents' certiorari petition and rendered judgment thereon. | |||||