Saturday, June 28, 2008 Final and executory decision By Dominador A. Almirante Labor case digest
BOTH petitioner Eleanor Magalang and respondent Suyen Corp. filed motions for reconsideration from the decision of the National Labor Relations Commission (NLRC) declaring the former illegally dismissed but denying the claim for back wages.
When petitioner’s motion was denied, she filed a petition for certiorari with the Court of Appeals (CA) docketed as CA-G.R. SP No. 75185. Respondent, on the other hand, filed a petition for certiorari docketed as CA-G.R. SP. No. 79408.
In CA-G.R. SP No. 75185, the NLRC decision was affirmed with modification that petitioner be paid full back wages. In CA G.R. SP. No. 79408, the NLRC decision was affirmed in toto.
Did the CA err in promulgating the decision in CA-G.R. SP No. 79408?
Ruling: Yes.
The Court notes further that no appeal was interposed to challenge the CA’s decision in CA-G.R. SP No. 75185. The said decision declaring petitioner as illegally dismissed and entitled to back wages, therefore, already attained finality.
Established is the rule that when a decision becomes final and executory, the court loses jurisdiction over the case and not even an appellate court will have the power to review the said judgment.
Otherwise, there will be no end to litigation and will set to naught the main role of courts of justice which is to assist in the enforcement of the rule of law and the maintenance of peace and order by settling justifiable controversies with finality.
We have further stressed in prior cases that just as the losing part has the privilege to file an appeal within the prescribed period, so does the winner have the correlative right to enjoy the finality of the decision. (Eleanor C. Magalang versus Court of Appeals, et. al. G.R. No. 173908, Feb. 26, 2008).
