Monday, February 4, 2013

Immutability of judgment - sc.judiciary.gov.ph/jurisprudence/2013/january2013/192727.pdf

see  -  sc.judiciary.gov.ph/jurisprudence/2013/january2013/192727.pdf


"x x x.


Nevertheless, considering that the CA’s June 24, 2008 Decision and
March 4, 2009 Resolution had already attained finality on account of the
petitioner’s failure to timely file a petition for review on Certiorari  under
Rule 45, the Court may no longer modify the penalty imposed by the lower
courts no matter how obvious the error may be. “Under the doctrine of
finality of judgment or immutability  of judgment, 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 and law, and whether it be made by the court
that rendered it or by the Highest Court of the land.”
32

x x x."