REM 13

• Finality of a decision

  Executory, immutable and unalterable subject to certain exceptions
• All the issues between the parties are deemed resolved and laid to rest once a judgment becomes final
• Doctrine of immutability of a final judgment

  • No other action can be taken on the decision except to order its execution
  • Courts cannot modify the judgment to correct perceived errors of law or fact
  • Public policy and sound practice dictate that every litigation must come to an end at the risk of occasional errors
• Exceptions to the doctrine of immutability of a final judgment

  • Correction of clerical errors
  • Nunc pro tunc entries
  • Void judgments
  • Supervening events
• Clerical error


  Typographical mistake, arithmetic miscalculation, interchanging of words, inadvertent omissions creating ambiguity
• Nunc pro tunc judgment or order

  Issued to make the record speak of a judicial action which has been actually taken but had been omitted either through inadvertence or mistake
• Void judgment


  Produces no legal or binding effect, never acquires the status of a final and executory judgment, subject to both direct and collateral attack
• Supervening event


  Ground to set aside or amend a final judgment, must transpire after the judgment becomes final and executory, must change or affect the substance of the decision and render its execution inequitable
• Primary jurisdiction


  Power and authority vested by the Constitution or by statute upon an administrative body to act upon a matter by virtue of its specific competence
• Doctrine of primary jurisdiction

  Prevents the court from arrogating unto itself the authority to resolve a controversy which falls under the jurisdiction of a tribunal possessed with special competence
• Primary jurisdiction does not necessarily denote exclusive jurisdiction
• Primary jurisdiction applies where a claim is originally cognizable in the courts and comes into play whenever enforcement of the claim requires the resolution of issues which, under a regulatory scheme, has been placed within the special competence of an administrative body</b>
• In some instances, an administrative body is granted primary jurisdiction, concurrent with another government agency or the regular court
• The doctrine of primary jurisdiction does not apply when the complaints raised different causes of action
• Proof of filing date of a pleading submitted through registered mail

  Post office-stamped date appearing on the envelope of the pleading or that stated in the registry receipt
• Section 16, Rule 13 of the Rules of Court applies only when a pleading or any other court submission is claimed to have been filed, but for some reason, such document cannot be found in the records
• If the pleading is existing on record, befogged only with doubts as to when it was filed, Section 3, Rule 13 of the Rules of Court is applicable
• Manner of proving filing date of a pleading

  • Post stamp on the envelope, which is considered part of the records
  • Registry receipt
• Bona fide amendments to pleadings are allowed at any stage of the proceedings
• Judicial policy on amendments to pleadings


  Courts are impelled to treat motions for leave to file amended pleadings with liberality, the paramount consideration being that it does not appear that the motion for leave was with intent to delay the proceedings
• Amendments to pleadings are favored and should be liberally allowed at any stage of the lawsuit as long as they are not dilatory
• The primordial consideration in allowing amendments to pleadings is whether they would aid the court to decide the case on the merits based on real facts without unnecessary delay, and help avoid multiplicity of suits
• The filing of a motion for leave to amend after the issuance of the Pre-Trial Order is not reason enough to deny it
• It is within the sound discretion of the trial court to permit the defendant to file his answer and to be heard on the merits even after the reglementary period for filing the responsive pleading expires
• The answer should be admitted when it is filed before a declaration of default provided there is no showing that defendant intends to delay the proceedings and no prejudice is caused to the plaintiff
• It is not mandatory on the part of the trial court to admit an answer which is belatedly filed even though the defendant is not yet declared in default
• Judgments by default should be resorted to only in clear cases of obstinate refusal or inordinate neglect in complying with the orders of the court
• Modes of appeal from RTC decisions

  • Ordinary appeal before the CA under Rule 41
  • Petition for review before the CA under Rule 42
  • Appeal by certiorari before the Supreme Court
• Modes of Appeal from RTC Decisions

  1. Ordinary appeal before the CA under Rule 41 (questions of fact or mixed questions of fact and law may be raised)

  2. Petition for review before the CA under Rule 42 (questions of fact, law, or mixed questions of fact and law may be raised)

  3. Appeal by certiorari before the Supreme Court under Rule 45 (only questions of law shall be raised)
• The Court has the discretion to treat a petition for certiorari as having been filed under Rule 45, especially if filed within the reglementary period for filing a petition for review on certiorari
• A motion for reconsideration is not required for the filing of a petition for review on certiorari under Rule 45
• Right to appeal


  Neither a natural right nor a part of due process, but a statutory privilege that must be exercised in accordance with the provisions of law
• Failure to comply with the requirements for appeal often leads to the loss of the right to appeal
• The grant of any extension for the filing of a Petition for Review under Rule 42 is discretionary and subject to the condition that the full amount of the docket and lawful fees are paid before the expiration of the reglementary period
• The non-payment of docket fees is a ground to dismiss the appeal, but the court shall exercise its power to dismiss in accordance with the tenets of justice and fair play and with a great deal of circumspection considering all attendant circumstances
• Petition for annulment of judgment

  A remedy in equity so exceptional in nature that it may be availed of only when other remedies are wanting, and only if the judgment, final order, or final resolution sought to be annulled was rendered by a court lacking jurisdiction, or through extrinsic fraud
• Grounds for annulment of judgment are: (1) extrinsic fraud; (2) lack of jurisdiction; and (3) denial of due process of law
• Principle of immutability of judgments

  A judgment, once it has attained finality, can never be altered, amended, or modified, even to correct an erroneous judgment
• Exceptions to the principle of immutability of judgments are: (1) the correction of clerical errors; (2) nunc pro tunc entries which cause no prejudice; (3) void judgments; and (4) circumstances transpiring after finality rendering execution unjust and inequitable
• A judgment becomes final and executory by operation of law, without need for any judicial declaration or performance of an act