This case has been cited 1 times or more.
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2006-09-19 |
CHICO-NAZARIO, J. |
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| Whether the Court of Appeals committed a reversible error in affirming the Decision of the Office of the President that reversed a final and executory judgment of the HLURB. Noteworthy is that the right to appeal is neither a natural right nor a part of due process, except where it is granted by statute in which case it should be exercised in the manner and in accordance with the provisions of law.[20] In other words, appeal is a right of statutory and not of constitutional origin.[21] The perfection of an appeal in the manner and within the period prescribed by law is not only mandatory but also jurisdictional[22] and the failure of a party to conform to the rules regarding appeal will render the judgment final and executory and, hence, unappealable,[23] for it is more important that a case be settled than it be settled right.[24] Furthermore, it is axiomatic that final and executory judgments can no longer be attacked by any of the parties or be modified, directly or indirectly, even by the highest court of the land.[25] Just as the losing party has the right to file an appeal within the prescribed period, so also the winning party has the correlative right to enjoy the finality of the resolution of the case.[26] | |||||