This case has been cited 4 times or more.
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2016-01-11 |
LEONARDO-DE CASTRO, J. |
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| In the meantime, during the pendency of the instant Petitions, the Court decided on June 6, 2011 Airline Pilots Association of the Philippines v. Philippine Airlines, Inc,[38] docketed as G.R. No. 168382 (2nd ALPAP case). The 2nd ALPAP case arose from events that took place following the finality on August 29, 2002 of the Resolution dated April 10, 2002 which dismissed the 1st ALPAP case. Below is the factual background for the 2nd ALPAP case as summarized by the Court in said Decision: On January 13, 2003, ALPAP filed before the Office of the DOLE Secretary a Motion in [the Strike Case], requesting the said office to conduct an appropriate legal proceeding to determine who among its officers and members should be reinstated or deemed to have lost their employment with PAL for their actual participation in the strike conducted in June 1998. ALPAP contended that there is a need to conduct a proceeding in order to determine who actually participated in the illegal strike since not only the striking workers were dismissed by PAL but all of ALPAP's officers and members, even though some were on official leave or abroad at the time of the strike. It also alleged that there were some who joined the strike and returned to work but were asked to sign new contracts of employment, which abrogated their earned seniority. Also, there were those who initially defied the return-to-work order but immediately complied with the same after proper receipt thereof by ALPAP's counsel. However, PAL still refused to allow them to enter its premises. According to ALPAP, such measure, as to meet the requirements of due process, is essential because it must be first established that a union officer or member has participated in the strike or has committed illegal acts before they could be dismissed from employment. In other words, a fair determination of who must suffer the consequences of the illegal strike is indispensable since a significant number of ALPAP members did not at all participate in the strike. The motion also made reference to the favorable recommendation rendered by the Freedom of Association Committee of the International Labour Organization (ILO) in ILO Case No. 2195 which requested the Philippine Government "to initiate discussions in order to consider the possible reinstatement in their previous employment of all ALPAP's workers who were dismissed following the strike staged in June 1998." A Supplemental Motion was afterwards filed by ALPAP on January 28, 2003, this time asking the DOLE Secretary to resolve all issues relating to the entitlement to employment benefits by the officers and members of ALPAP, whether terminated or not. | |||||
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2015-06-22 |
PERALTA, J. |
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| Subject to certain recognized exceptions such as (1) the correction of clerical errors; (2) the so-called nunc pro tunc entries which cause no prejudice to any party; (3) void judgments; and (4) whenever circumstances transpire after the finality of the decision rendering its execution unjust and inequitable, which are not present in this case, the principle of immutability leaves the judgment undisturbed as nothing further can be done except to execute it.[27] | |||||
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2012-09-17 |
DEL CASTILLO, J. |
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| As discussed above, however, the November 15, 2010 Decision of this Court in G.R. Nos. 159460 and 159461 already adjudicated the respective rights and liabilities of the parties. Said Decision pronouncing the monetary awards to which the parties herein are entitled became final and executory on May 20, 2011. Under the rule on immutability of judgment, this Court cannot alter or modify said Decision. It is a well-established rule that once a judgment has become final and executory, it is no longer susceptible to any modification.[118] | |||||
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2012-08-23 |
BERSAMIN, J. |
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| It is true that a decision that has attained finality becomes immutable and unalterable, and cannot be modified in any respect,[87] even if the modification is meant to correct erroneous conclusions of fact and law, and whether the modification is made by the court that rendered it or by this Court as the highest court of the land.[88] Public policy dictates that once a judgment becomes final, executory and unappealable, the prevailing party should not be deprived of the fruits of victory by some subterfuge devised by the losing party. Unjustified delay in the enforcement of such judgment sets at naught the role and purpose of the courts to resolve justiciable controversies with finality.[89] Indeed, all litigations must at some time end, even at the risk of occasional errors. | |||||