Wednesday, April 8, 2009
VILLARUEL V. FERNANDO (REMEDIAL)
Settled is the rule that a judgment that has acquired finality becomes immutable and unalterable any may no longer be modified in any respect except only to correct clerical errors or msitakes. True, this rule admits of exceptions. One of the exceptions is whenever circumstances transpire after the finality of the decision rendering its execution unjust and inequitable. This however, is not the case here. In the present case, the Ombudsman issued his Resolution prior to the finality of the trial court's decision. Therefore, the resolution of the Ombudsman is not a supervening event to warrant the stay of the execution of the decision of the trial court.
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