This case has been cited 3 times or more.
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2010-11-15 |
BRION, J. |
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| Needless to stress, a decision that has acquired finality becomes immutable and unalterable and may no longer be modified in any respect, even if the modification is meant to correct erroneous conclusions of fact or law and whether it will be made by the court that rendered it or by the highest court of the land.[24] All the issues between the parties are deemed resolved and laid to rest once a judgment becomes final and executory; execution of the decision proceeds as a matter of right as vested rights are acquired by the winning party.[25] Just as a losing party has the right to appeal within the prescribed period, the winning party has the correlative right to enjoy the finality of the decision on the case.[26] After all, a denial of a petition for being time-barred is tantamount to a decision on the merits.[27] Otherwise, there will be no end to litigation, and this will set to naught the main role of courts of justice to assist in the enforcement of the rule of law and the maintenance of peace and order by settling justiciable controversies with finality.[28] | |||||
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2010-02-09 |
PERALTA, J. |
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| Respondent should not suffer for petitioner's failure to avail itself of the appropriate remedies provided for by law and the Rules. After a decision is declared final and executory, vested rights are acquired by the winning party. Just as a losing party has the right to appeal within the prescribed period, the winning party has the correlative right to enjoy the finality of the decision on the case.[36] Whether through inadvertence or negligence of its deputized counsel or the OSG itself, the decision has already become final and executory. To conclude otherwise would run counter to the basic principle of fair play. Besides, there would be no end to litigations if the parties who have unsuccessfully availed themselves of any of the appropriate remedies or lost them through their fault or inadvertence could have unfavorable decisions annulled by simply bringing an action for annulment of judgment. | |||||
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2009-07-23 |
PERALTA, J. |
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| The petitioner cannot invoke the doctrine that rules of technicality must yield to the broader interest of substantial justice to spare itself from the consequences of belatedly filing an appeal. While every litigant must be given the amplest opportunity for the proper and just determination of his cause, free from the constraints of technicalities, the failure to perfect an appeal within the reglementary period is not a mere technicality. It raises a jurisdictional problem, as it deprives the appellate court of its jurisdiction over the appeal.[65] After a decision is declared final and executory, vested rights are acquired by the winning party. Just as a losing party has the right to appeal within the prescribed period, the winning party has the correlative right to enjoy the finality of the decision on the case.[66] After all, a denial of a petition for being time-barred is tantamount to a decision on the merits.[67] | |||||