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INDUSTRIAL MANAGEMENT INTERNATIONAL DEVELOPMENT CORP. v. NLRC

This case has been cited 3 times or more.

	GR NO. 178760 2009-07-23	CARMEN B. DY-DUMALASA v. DOMINGO SABADO S. FERNANDEZ CARPIO MORALES, J.
While the appellate court reinstated the Labor Arbiter's decision, it held that since its fallo did not indicate with certainty the solidary nature of the obligation, the obligation is merely joint. The Court finds this ruling well-taken. As held in Industrial Management Int'l. Development Corp v. NLRC:[28]
	GR No. 161134 2008-03-03	MANDAUE DINGHOW DIMSUM HOUSE v. NLRC-FOURTH DIVISION NACHURA, J.
The Order and the Alias Writ of Execution issued by the LA are null and void for lack of jurisdiction and for altering the tenor of the NLRC decision dated October 24, 2000 which directed Mandaue Dinghow alone to pay the private respondents' separation pay. The private respondents did not assail this ruling. Thus, the same became final and executory. Even granting that the NLRC committed a mistake in failing to indicate in the dispositive portion that Uytengsu was solidarily liable with Mandaue Dinghow, the correction which is substantial can no longer be allowed in this case because the judgment has already become final and executory. Our ruling in Industrial Management International Development Corporation v. National Labor Relations Commission[28] is instructive:It is an elementary principle of procedure that the resolution of the court in a given issue as embodied in the dispositive part of a decision or order is the controlling factor as to settlement of rights of the parties. Once a decision or order becomes final and executory, it is removed from the power or jurisdiction of the court which rendered it to further alter or amend it. It thereby becomes immutable and unalterable and any amendment or alteration which substantially affects a final and executory judgment is null and void for lack of jurisdiction, including the entire proceedings held for that purpose. An order of execution which varies the tenor of the judgment or exceeds the terms thereof is a nullity. Lastly, on the third issue, we rule in the negative.
	GR No. 109648 2001-11-22	PH CREDIT CORPORATION v. CA PANGANIBAN, J.
The same reasoning was recently adopted by this Court in Industrial Management International Development Corp. v. NLRC,[27] promulgated on May 11, 2000.