Entry of judgment
It refers to the physical act performed by the clerk of court in entering the dispositive portion of the judgment in the book of entries of judgment and after the same has become final and executory. The record shall contain the dispositive portion of the judgment or final order and shall be signed by the clerk of court, with a certificate by said clerk that the judgment has already become final and executory (Sec. 2,
Rule 36).
NOTE: If no appeal or motion for new trial or reconsideration is
filed within the time provided in the Rules, the judgment or final order shall forthwith be entered by the clerk in the book of entries of judgments (Sec. 2, Rule 36).
There are some proceedings the filing of which is reckoned from the date of the entry of judgment:
1. The execution of a judgment by motion is within 5 years from the entry of the judgment (Sec. 6, Rule 39);
2. The filing of a petition for relief must be filed not more than 60 days from knowledge of the judgment and not more than 6 months from the entry of the judgment or final order (Sec. 3,
Finality of judgment
1. Upon lapse of the reglementary period to appeal, with no appeal perfected within such period, the decision becomes final and executor (Sec. 1, Rule 39;
Banco de Brasil v. CA, G.R. Nos. 121576-78, June 16, 2000), and
2. Upon lapse of the reglementary period to file an MR, decision rendered by the SC becomes final and executory.
Court to amend a judgment after the same has become executory
GR: No, when a judgment is final and executory, it becomes immutable and unalterable (Rule of immutability).
XPNs: Courts may amend a judgment even if it has become executory in the following instances:
1. To correct clerical errors or to make nunc pro tunc entries (Philippine Economic Zone Authority v. Borreta,
G.R. No. 142669, March 15, 2006);
NOTE: A clerical error is one which does not involve an
exercise of judicial functions.
2. To clarify an ambiguity which is borne out by and justifiable in the context of the decision;
NOTE: The remedy is to file a motion for clarificatory
judgment.
3. Judgments for support, which can always be amended from time to time;
4. Void judgment.
Amended or clarified judgment v. Supplemental decision Amended or Clarified
Judgment
Supplemental Decision It is an entirely new
decision and supersedes the original judgment.
Does not take the place of or extinguish the original judgment. Court makes a thorough
study of the original judgment and renders the
amended and clarified
judgment only after
considering all the factual and legal issues.
Serves to bolster or add
to the original
judgment.
Effect of amendment of judgment
The date of the amendment should be considered as the date of the decision for the computation of the period to perfect the appeal.
Collateral attack on a Judgment
GR: The validity of a judgment or order of a court cannot be collaterally attacked.
XPNs: It may be attacked collaterally on the following grounds:
1. Lack of jurisdiction; or
2. The irregularity of its entry is apparent from the face of the record.
Effect of void judgments (Doctrine of Total Nullity) A void judgment is in legal effect no judgment. By it no rights are divested, no rights can be obtained. Being worthless in itself, all proceeding founded upon it are equally worthless. It neither binds nor bars any one. All acts performed under it and all claims flowing out of it are void. Q: Jayson, a career service officer, was illegally dismissed from his position. Thus, Jayson filed a complaint for illegal dismissal with the Career Executive Service Board (CESB). While the said complaint was pending before the CESB, Jayson filed a petition for quo warranto with the CA praying that he be reinstated to his former post. The CESB rendered a decision finding that Jayson was illegally dismissed. The CA found that Jayson resigned and was not illegally dismissed. Both decisions became final for failure to appeal the same. Are the two decisions immutable and unalterable in view of their finality?
A: No, neither decision is immutable nor unalterable. As a rule, a decision that has acquired finality becomes immutable and unalterable. A final judgment 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 in the land. In this case, however, to hold that both decisions are immutable and unalterable would cause confusion and uncertainty (Collantes v. CA, G.R. No.
169604, March 6, 2007).
Effect of a judgment or final order of a tribunal of a foreign country having jurisdiction to render the judgment or final order (2007 Bar Question)
1. If the judgment is on a specific thing, the judgment is conclusive upon the title to the thing;
2. If the judgment is against a person, the judgment is presumptive evidence of a right as between the parties and their successor in interest by a subsequent title.
Grounds in assailing the judgment or final order of a foreign country (2007 Bar Question)
1. Evidence of want of jurisdiction; 2. Want of notice to the party; 3. Collusion;
4. Fraud; or