This case has been cited 3 times or more.
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2013-12-04 |
DEL CASTILLO, J. |
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| The above CA judgment became final and executory after it was affirmed by this Court via a Decision[5] dated November 29, 2006 in G.R. No. 167723. Thus, the labor case was remanded to the NLRC for computation of petitioner's actual entitlements. | |||||
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2013-11-27 |
CARPIO, J. |
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| The registry return of the registered mail is prima facie proof of the facts indicated therein.[23] Angeles failed to present contrary evidence to rebut this presumption with competent and proper evidence. To establish its claim of service of the notarial rescission upon Angeles, GRI presented the affidavit of its liaison officer Fortunato Gumahad,[24] the registry receipt from the Greenhills Post Office,[25] and the registry return receipt.[26] We affirm the CA's ruling that GRI was able to substantiate its claim that it served Angeles the notarial rescission sent through registered mail in accordance with the requirements of R.A. 6552. | |||||
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2010-10-13 |
PEREZ, J. |
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| Granted by the CA an extension of fifteen (15) days from 25 October, 2003 or until 9 November, 2003 within which to file its petition for review,[29] it does not likewise help ZFMC's cause any that it was only able to do so on 24 November 2003.[30] Although appeal is an essential part of our judicial process,[31] it has been held, time and again, that the right thereto is not a natural right or a part of due process but is merely a statutory privilege.[32] Thus, the perfection of an appeal in the manner and within the period prescribed by law is not only mandatory but also jurisdictional and failure of a party to conform to the rules regarding appeal will render the judgment final and executory.[33] Once a decision attains finality, it becomes the law of the case irrespective of whether the decision is erroneous or not[34] and no court - not even the Supreme Court - has the power to revise, review, change or alter the same.[35] The basic rule of finality of judgment is grounded on the fundamental principle of public policy and sound practice that, at the risk of occasional error, the judgment of courts and the award of quasi-judicial agencies must become final at some definite date fixed by law.[36] | |||||