THIRD DIVISION
G.R. No. 197654, August 30, 2017
MERCURY DRUG CORPORATION AND ROLANDO J. DEL ROSARIO, Petitioners, v. SPOUSES RICHARD Y. HUANG & CARMEN G. HUANG, AND STEPHEN G. HUANG, Respondents.
D E C I S I O N
LEONEN, J.:
A judgment that lapses into finality becomes immutable and unalterable. It can neither be modified nor disturbed by courts in any manner even if the purpose of the modification is to correct perceived errors of fact or law. Parties cannot circumvent this principle by assailing the execution of the judgment. What cannot be done directly cannot be done indirectly.
This is a Petition for Review on Certiorari1 arising from the execution of a final and executory judgment for damages. The Petition particularly assails the January 20, 2011 Decision2 and the July 6, 2011 Resolution3 of the Court of Appeals in CA-GR. SP No. 106647, which sustained the denial of the Motion to Quash Writ of Execution, Motion for Inhibition, and Urgent Motion to Defer the Implementation of Writ of Execution filed by Mercury Drug Corporation and Rolando J. Del Rosario.4
On April 29, 1997, Stephen Huang (Stephen) and his parents, Spouses Richard Y. Huang and Carmen G. Huang, filed a complaint for damages based on quasi-delict against Mercury Drug Corporation (Mercury Drug) and Rolando J. Del Rosario (Del Rosario).5 Mercury Drug was the registered owner of a six (6)-wheeler truck driven by Del Rosario, which figured in an accident with Stephen's car on the night of December 20, 1996. As a result of the tragic incident, Stephen suffered serious spinal cord injuries. He is now a paraplegic.6
After trial, the Regional Trial Court rendered a Decision7 dated September 29, 2004 finding Mercury Drug and Del Rosario jointly and severally liable for actual damages, compensatory damages, moral damages, exemplary damages, and attorney's fees and litigation expenses.8 The dispositive portion of this Decision stated:
WHEREFORE, judgment is rendered finding defendants Mercury Drug Corporation, Inc. and Rolando del Rosario, jointly and severally liable to pay plaintiffs Spouses Richard Y. Huang and Carmen G. Huang, and Stephen Huang the following amounts:The Court of Appeals affirmed the Regional Trial Court Decision but reduced the award of moral damages from P4,000,000.00 to P1,000,000.00. Mercury Drug and Del Rosario elevated the Court of Appeals Decision to this Court for review.10The defendants' counterclaim is DISMISSED.
- Two Million Nine Hundred Seventy[-]Three Thousand Pesos (P2,973,000.00) actual damages;
- As compensatory damages:
- Twenty[-]Three Million Four Hundred Sixty[-]One Thousand, and Sixty-Two Pesos (P23,461,062.00) for life care cost of Stephen;
- Ten Million Pesos (P10,000,000.00) as and for lost or impaired earning capacity of Stephen;
- Four Million Pesos (P4,000,000.00) as moral damages;
- Two Million Pesos (P2,000,000.00) as exemplary damages; and
- One Million Pesos (P1,000,000.00) as attorney[']s fees and litigation expense[s].
SO ORDERED.9
You are commanded to demand from MERCURY DRUG CORPORATION and ROLANDO J. DEL ROSARIO at #7 Mercury Avenue, Libis, Quezon City and C. Valle Street, Dolores. Taytay, Rizal, respectively, the judgment obligors, the immediate payment in full of the sums of TWO MILLION NINE HUNDRED SEVENTY[-]THREE THOUSAND PESOS (P2,973,000.00), Philippine Currency, as actual damages; TWENTY[-]THREE MILLION FOUR HUNDRED SIXTY[-]ONE THOUSAND AND SIXTY[-]TWO PESOS (P23,461,062.00) for life care cost of Stephen; TEN MILLION PESOS (P10,000,000.00) as and for lost or impaired earning capacity of Stephen; ONE MILLION PESOS (P1,000,000.00) as moral damages; TWO MILLION PESOS (P2,000,000.00) as exemplary damages; and ONE MILLION PESOS (P1,000,000.00) as attorney's fees and litigation expense, together with your lawful fees for service of this execution, which SPOUSES RICHARD Y. HUANG & CARMEN G HUANG and STEPHEN G. HUANG, the judgment obligees, recovered in this case against said judgment obligors, and to tender the same to said judgment obligees and return this writ, with the lawful fees, to this Court within thirty (30) days from the date of receipt hereof with your proceedings indorsed thereon.20On August 26, 2008, Mercury Drug and Del Rosario moved to quash the Writ of Execution21 as it allegedly contravened the tenor of the judgment. They also moved for the inhibition of Presiding Judge22 Gina M. Bibat-Palamos.23 Pending the resolution of these motions, the sheriff began to garnish Mercury Drug and Del Rosario's bank accounts.24 Mercury Drug and Del Rosario filed an urgent motion to defer the implementation of the Writ of Execution.25 All three (3) motions were denied by the Regional Trial Court.26 Mercury Drug and Del Rosario then moved for reconsideration but their motion was denied.27
The doctrine of immutability and inalterability of a final judgment has a two-fold purpose: (1) to avoid delay in the administration of justice and thus, procedurally, to make orderly the discharge of judicial business and (2) to put an end to judicial controversies, at the risk of occasional errors, which is precisely why courts exist. Controversies cannot drag on indefinitely. The rights and obligations of every litigant must not hang in suspense for an indefinite period of time.72The doctrine of immutability of judgment, however, is not an ironclad rule.73 It is subject to several exceptions, namely:
(1) [T]he correction of clerical errors;
(2) [T]he so-called nunc pro tunc entries which cause no prejudice to any party;
(3) [V]oid judgments; and
(4) [W]henever circumstances transpire after the finality of the decision rendering its execution unjust and inequitable.74
It is this last-mentioned rule which respondent Court of Appeals applied when it ordered the amendment of the disputed portion of its judgment in CA-G.R. 9196-R, and We see no error in its action considering that all what respondent Court did was to cure an ambiguity and rectify a mistake it had inadvertently made when it referred to the tax declarations of real property marked as Annexes C, D, and E, as Exhibits C, D, and E instead of Exhibits F, G, and H, respectively. As indicated earlier, it is obvious that the appellate Court was misguided by the markings "Annex C", "Annex D", "Annex E", appearing respectively on the face of Exhibits F, G, and H, and these letterings C, D and E were the ones the Court mistakenly used when it described the exhibits in question in the dispositive portion of the decision.Clerical errors also contemplate inadvertent omissions that create ambiguity.
The correction of a clerical error is an exception to the general rule that no amendment or correction may be made by the court in its judgment once the latter had become final.86 (Emphasis in the original)
There was nothing substantial to vary, considering that the issues between the parties were deemed resolved and laid to rest, It is unn1istakably clear that petitioners do not deny the execution of the Contracts to Sell and, in fact, admit their liability for the unpaid amortizations of the lots purchased. . . There was a compelling reason for the CA to clarify its original Decision to include the payment of all penalties and interest due on the unpaid amortizations, as provided in the contracts. Considering that the validity of the contracts was never put in question, and there is nothing on record to suggest that the same may be contrary to law, morals, public order, or public policy, there is nothing unlawful in the stipulation requiring the payment of interest/penalty at the rate agreed upon in the contract of the parties.94 (Citation omitted)In determining whether there are clerical errors or ambiguities in the dispositive portion of the judgment that should be rectified, courts should refer primarily to "the court's findings of facts and conclusions of law as expressed in the body of the decision."95 The parties' pleadings may also be consulted if necessary.96
[A judgment nunc pro tunc] may be used to make the record speak the truth, but not to make it speak what it did not speak but ought to have spoken. If the court has not rendered a judgment that it might or should have rendered, or if it has rendered an imperfect or improper judgment, it has no power to remedy these errors or omissions by ordering the entry nunc pro tunc of a proper judgment. Hence a court in entering a judgment nunc pro tunc has no power to construe what the judgment means, but only to enter of record such judgment as had been formerly rendered, but which had not been entered of record as rendered. In all cases the exercise of the power to enter judgments nunc pro tunc presupposes the actual rendition of a judgment, and a mere right to a judgment will not furnish the basis for such an entry.The exercise of issuing nunc pro tunc orders or judgments is narrowly confined to cases where there is a need to correct mistakes or omissions arising from inadvertence so that the record reflects judicial action, which had previously been taken. Furthermore, nunc pro tunc judgments or orders can only be rendered if none of the parties will be prejudiced.103
. . . .
If the court has omitted to make an order, which it might or ought to have made, it cannot, at a subsequent term, be made nunc pro tunc. According to some authorities, in all cases in which an entry nunc pro tunc is made, the record should show the facts which authorize the entry, 'but other courts hold that in entering an order nunc pro tunc the court is not confined to an examination of the judges minutes, or written evidence, but may proceed on any satisfactory evidence, including parol testimony. In the absence of a statute or rule of court requiring it, the failure of the judge to sign the journal entries or the record does not affect the force of the order grante[d].
. . . .
The object of a judgment nunc pro tunc is not the rendering of a new judgment and the ascertainment and determination of new rights, but is one placing in proper form on the record, the judgment that had been previously rendered, to make it speak the truth, so as to make it show what the judicial action really was, not to correct judicial errors, such as to render a judgment which the court ought to have rendered, in place of the one it did erroneously render, nor to supply nonaction by the court, however erroneous the judgment may have been.102 (Emphasis supplied, citations omitted)
[F]or the entry of a nunc pro tunc order, it is required that the record present some visible data of the order which it is sought to be supplied by said nunc pro tunc order, whether it is the data referring to the. whole of the order or merely limited to such portion thereof, that the part lacking from the record constitutes a necessary part, an inevitable and ordinary consequence of the portion appearing in the record.106Hence, courts cannot render a judgment of order nunc pro tunc in the absence of data regarding the judicial act sought to be recorded. In Lichauco, this Court invalidated the nunc pro tunc order issued by the trial court because there was "no data, partial or integral, in the record regarding the judicial act . . . in question."107 There was no visible data appearing in the case records to establish that the trial court actually approved the lease contract in dispute.108
A void judgment is in legal effect no judgment. B[y] it no rights are divested. From it no rights can be obtained. Being worthless in itself, all proceedings founded upon, it [is] equally worthless. It neither binds nor bars any one. All acts performed under it and all claims flowing out of it are void.117A void judgment never acquires the status of a final and executory judgment.118 Parties may, therefore, challenge them without running afoul of the doctrine of immutability of judgment. A direct attack may be brought either through a petition for annulment of judgment under Rule 47 of the Rules of Court or through a petition for certiorari under Rule 65 of the Rules of Court.119 A void judgment may also be challenged collaterally "by assailing its validity in another action where it is invoked."120
One of the exceptions to the principle of immutability of final judgments is the existence of supervening events. Supervening events refer to facts which transpire after judgment has become final and executory or to new circumstances which developed after the judgment has acquired finality, including matters which the parties were not aware of prior to or during the trial as they were not yet in existence at that time.124 (Citation omitted)Parties must establish two (2) conditions in order to properly invoke the exception on supervening events. First, the fact constituting the supervening event must have transpired after the judgment has become final and executory. It should not have existed prior to the finality of the judgment.125 Second, it must be shown that the supervening event "affects or changes the substance of the judgment and renders its execution inequitable."126
The supervening event which would justify the suspension or nullification of the execution of a final and executory judgment refers to facts and events transpiring after the judgment or order had become executory. These circumstances affect or change the substance of the judgment and render its execution inequitable.Aside from these well-known exceptions, several cases have also been excluded from the application of the doctrine of immutability of judgment in the interest of substantial justice. The exception sometimes applied when a party's liberty is involved or when there are special and compelling circumstances.135 For instance, judgments of conviction that have attained finality were modified to correct an erroneous penalty previously imposed.136
. . . .
In the present cases, the execution or existence of the alleged deed of sale of 4 March 1975 cannot be considered a supervening event that will alter the finality and the executory nature of the decisions in question. The records show that Luz Javier filed the complaint for rescission of the Deed of Absolute Sale of 8 March 1972 on 5 August 1976. All throughout the proceedings from the lower court to the appellate courts in 1976 (specifically during the lifetime of Luz Javier, who died on 9 June 1980), to this Court in 1987, Ursula and the legal heirs remained silent about the existence of the alleged deed of sale of 4 March 1975.134 (Citations omitted)
WHEREFORE, judgment is rendered finding defendants Mercury Drug Corporation, Inc. and Rolando del Rosario, jointly and severally liable to pay plaintiffs Spouses Richard Y. Huang and Carmen G. Huang, and Stephen Huang the following amounts:On the other hand, the pertinent portion of this decision stated:The defendants' counterclaim is DISMISSED.
- Two Million Nine Hundred Seventy[-]Three Thousand Pesos (P2,973,000.00) actual damages;
- As compensatory damages:
- Twenty[-]Three Million Four Hundred Sixty[-]One Thousand, and Sixty-Two Pesos (P23,461,062.00) for life care cost of Stephen;
- Ten Million Pesos (P10,000,000.00) as and for lost or impaired earning capacity of Stephen;
- Four Million Pesos (P4,000,000.00) as moral damages;
- Two Million Pesos (P2,000,000.00) as exemplary damages; and
- One Million Pesos (P1,000,000.00) as attorney[']s fees and litigation expense.
SO ORDERED.139
Drs. Renato Sibayan, Eduardo Jamora, Evelyn Dy and Teresita Sanchez testified regarding the massive injuries suffered by plaintiff Stephen and expenses that plaintiff will continue to incur. (TSN, July 5, 1999; TSN April 26, 1999, TSN, April 19, 1999; and TSN, March 26, 1999).In this case, there are no clerical errors or ambiguities regarding the computation of life care cost and loss of earning capacity awarded to respondent Stephen. The amounts indicated in the dispositive portion of the judgment faithfully correspond to the findings of fact and conclusions of the trial court.
Although Stephen survived the accident, the doctors are unanimous in saying that Stephen needs continuous rehabilitation for the rest of his life. Dr. Sibayan's prognosis with regard to Stephen's future recovery is nil, or zero. The best thing that can be done for Stephen is for the latter to maintain some kind of rehabilitation program with the aim of preventing complications, particularly bed sores, infection of the bladder, inability to move. There are no dedicated and specific centers in the Philippines with spinal cord injury rehabilitation program. Notwithstanding the presentation by plaintiffs of the rehabilitation programs which the plaintiff Stephen may avail of at Kessler Institute for Rehabilitation, New Jersey, USA, together with the estimated expenses which may be incurred by plaintiffs, (Exhibits Y, Z-3), this Court deems it proper not to include the said amount because as far as the records are concerned, the enrollment of Stephen thereat remained a plan. The plaintiffs Spouses Richard and Carmen Huang merely contemplated the sending of their son, Stephen to Kessler Institute.
Accordingly, the defendants must not only pay for the actual expenses incurred by plaintiffs for the hospitalization and medical treatment of Stephen, they must also pay plaintiffs for the natural and probable expenses which the plaintiffs will in the future likely incur as a result of the injuries he suffered. In 1997[,] Stephen[']s average monthly expense was P21,500.00 and for 1998 it was for P16,280.00 more or less, (TSN, p. 11, January 11, 1999). It is expected that he will continue to incur these expenses for the rest of his life. The chance of Stephen regaining his normal ability to walk and perform the most basic body movements is remote. Thus, he shall be dependent financially and physically on the care, assistance, and support of his family throughout his life. Based on the actuarial computation of the remaining years that Stephen is expected to live, the life care cost will amount to P23,461,062.00 more or less. Plaintiffs must be compensated (Exhibits ZZ, ZZ-4 to ZZ-6).
Also part of the damages sustained by plaintiffs is the loss or in the least, impairment of Stephen's earning capacity. The massive injury Stephen sustained disabled him from engaging in those pursuits and occupations for which, in the absence of said injury, he would have qualified. To determine how much to be awarded for decreased earning capacity, the health of the injured party, and his mental and physical ability to maintain himself before the injury as compared with his condition in this respect afterwards have to be considered. The rule necessarily permits an inquiry into the capacity of plaintiff prior to the injury, including his physical condition, and his ability to labor or follow his usual vocation, his age, his state of health, and his probable life expectancy. The plaintiff's ability and disposition to labor or his business or professional habits may also be taken into consideration . . .
At the time of [the] accident, Stephen is a bright young man of 17, fourth year high school, a member of his school's varsity basketball team. He passed the entrance examination of the University of the Philippines, De La Salle University, and the University of Asia and the Pacific. In the actuarial study presented by plaintiff's witness, Aida Josef, she projected that Stephen's life expectancy is only up to age 48.37 or more or less 20 years after the accident. Had Stephen not met the accident, he would have continued his studies, finished his course in time, embarked on a banking career, initially earned a monthly income of at least P15,000.[00], gotten married, raised children, and become a productive member of society. Based on her actuarial study, Ms. Josef opined that due to serious physical injuries which caused him to be paraplegic for life, Stephen lost the opportunity to do all [of] the above. Stephen stood to suffer loss of his earning capacity in the total amount of P41,982,764.00 from year 2003 to year 2004 (Exhibit[s] YY, ZZ and XX with submarkings). However, considering the speculation involved, this Court places the loss or impairment of Stephen's earning capacity to a conservative amount of Ten Million Pesos, for which he must be compensated.140 (Emphasis supplied)
Petitioners are also liable for all damages which are the natural and probable consequences of the act or omission complained of. The doctors who attended to respondent Stephen are one in their prognosis that his chances of walking again and performing basic body functions are nil. For the rest of his life, he will need continuous rehabilitation and therapy to prevent further complications such as pneumonia, bladder and rectum infection, renal failure, sepsis and severe bed sores, osteoporosis and fractures, and other spinal cord injury-related conditions. He will be completely dependent on the care and support of his family. We thus affirm the award of P23,461,062.00 for the life care cost of respondent Stephen Huang, based on his average monthly expense and the actuarial computation of the remaining years that he is expected to live; and the conservative amount of P10,000,000.00, as reduced by the trial court, for the loss or impairment of his earning capacity, considering his age, probable life expectancy, the state of his health, and his mental and physical condition before the accident. He was only seventeen years old, nearly six feet tall and weighed 175 pounds. He was in fourth year high school, and a member of the school varsity basketball team. He was also class president and editor-in-chief of the school annual. He had shown very good leadership qualities. He was looking forward to his college life, having just passed the entrance examinations of the University of the Philippines, De La Salle University, and the University of Asia and the Pacific. The University of Sto. Tomas even offered him a chance to obtain an athletic scholarship, but the accident prevented him from attending the basketball try-outs. Without doubt, he was an exceptional student. He excelled both in his academics and extracurricular undertakings. He is intelligent and motivated, a go-getter, as testified by Francisco Lopez, respondent Stephen Huang's godfather and a bank executive. Had the accident not happened, he had a rosy future ahead of him. He wanted to embark on a banking career, get married and raise children. Taking into account his outstanding abilities, he would have enjoyed a successful professional career in banking. But, as Mr. Lopez stated, it is highly unlikely for someone like respondent to ever secure a job in a bank. To his knowledge, no bank has ever hired a person suffering with the kind of disability as Stephen Huang's.145 (Citations omitted)There being no clerical errors or ambiguities in the dispositive portion or body of the judgment, the amounts awarded as life care cost and loss of earning capacity stand. There is no reason to disturb the trial court's findings and conclusions on the matter.
You are commanded to demand from MERCURY DRUG CORPORATION and ROLANDO J. DEL ROSARIO at #7 Mercury Avenue, Libis, Quezon City and C. Valle Street, Dolores, Taytay, Rizal, respectively, the judgment obligors, the immediate payment in full of the sums of TWO MILLION NINE HUNDRED SEVENTY[-]THREE THOUSAND PESOS (P2,973,000.00), Philippine Currency, as actual damages; TWENTY[-]THREE MILLION FOUR HUNDRED SIXTY[-]ONE THOUSAND, AND SIXTY[-]TWO PESOS (P23,461,062.00) for life care cost of Stephen; TEN MILLION PESOS (P10,000,000.00) as and for lost or impaired earning capacity of Stephen; ONE MILLION PESOS (P1,000,000.00) as moral damages; TWO MILLION PESOS (P2,000,000.00) as exemplary damages; and ONE MILLION PESOS (P1,000,000.00) as attorney's fees and litigation expense, together with your lawful fees for service of this execution, which SPOUSES RICHARD Y. HUANG & CARMEN G. HUANG and STEPHEN G. HUANG, the judgment obligees, recovered in this case against said judgment obligors, and to tender the same to said judgment obligees and return this writ, with the lawful fees, to this Court within thirty (30) days from the date of receipt hereof with your proceedings indorsed thereon.155
Endnotes:
1Rollo, pp. 29-74.
2 Id. at 12-24. The Decision wapenned by Associate Justice Mariflor P. Punzalan Castillo and concurred in by Associate Justices Josefina Guevara-Salonga and Franchito N. Diamante of the Fourth Division, Court of Appeals, Manila.
3 Id. at 26-27. The Resolution was penned by Associate Justice Mariflor P. Punzalan Castillo and concurred in by Associate Justices Josefina Guevara-Salonga and Franchito N. Diamante of the Fourth Division, Court of Appeals, Manila.
4 Id. at 23-24.
5 Id. at 13.
6 Id. at 642, Comment.
7 Id. at 122-163. The Decision, docketed as Civil Case No. 97-918, was penned by Judge Delia H. Panganiban of Branch 64, Regional Trial Court, Makati City.
8 Id. at 162-163.
9 Id. at 162-l63.
10 Id. at 14.
11 552 Phil. 496 (2007) [Per C.J. Puno, First Division].
12Rollo, p. 14.
13 Id. at 245-280.
14 Id. at 14.
15 Id. at 696.
16 Id. at 292-296-A.
17 Id. at 647, Comment.
18 Id. at 297-300.
19 Id. at 301-302.
20 Id. at 301-302.
21 Id. at 304-320.
22 Id. at 321-328.
23 Id. at 388-390.
24 Id. at 40.
25 Id.
26 Id. at 15.
27 Id.
28 Id. at 751.
29 Id. at 749-750.
30 Id. at 41.
31 Id. at 407-446.
32 Id. at 424.
33 Id. at 12-24.
34 Id. at 16-24.
35 Id. at 19.
36 Id.
37 Id. at 26-27.
38 Id. at 29-74.
39 Id. at 641-689.
40 Id. at 790-810.
41 Id. at 790.
42 Id. at 811-812.
43 Id. at 825-926.
44 Id. at 43-51.
45 Id. at 46-47.
46 Id. at 48-49.
47 Id. at 48-49.
48 Id. at 43-51.
49 Id. at 792.
50 Id. at 58.
51 Id. at 49.
52 119 Phil. 448 (1964) [Per J. Paredes, En Banc].
53 212 Phil. 564 (1984) [Per J. Gutierrez, Jr., First Division].
54Rollo, pp. 59-60.
55 Id.
56 Id. at 49.
57 Id. at 656-662.
58 Id. at 676-679.
59 Id.
60 Id. at 665-676.
61 Id. at 679-682.
62 Id. at 682.
63 RULES OF COURT, Rule 39, sec. 9(a) provides:
Section 9. Execution of Judgments for Money, How Enforced. - (a) Immediate Payment on Demand. - The officer shall enforce an execution of a judgment for money be demanding from the judgment obligor the immediate payment of the full amount stated in the writ of execution and all lawful fees. The judgment obligor shall pay in cash, certified bank check payable to the judgment obligee, or any other form of payment acceptable to the latter, the amount of the judgment debt under proper receipt directly to the judgment obligee or his authorized representative if present at the time of payment. The lawful fees shall be handed under proper receipt to the executing sheriff who shall tufll over the said amount within the same day to the clerk of court of the court that issued the writ.
64 Id. at 680-681.
65 Id. at 897-898.
66 Id. at 898.
67National Housing Authority v. Court of Appeals, 731 Phil. 400, 405-406 [Per J. Perlas-Bernabe, Second Division].
68 Id.
69 Id.
70 Id. at 405.
71 549 Phil. 112 (2007) [Per J. Corona, En Banc].
72 Id. at 116.
73FGU Insurance Corp. v. Regional Trial Court of Makati City, Branch 66, 659 Phil. 117, 123 (2011) [Per J. Mendoza, Second Division].
74 Id.
75Filipino Legion, Corporation v. Court of Appeals, 155 Phil. 616, 631 (1974) [Per J. Muñoz Palma, First Division].
76Republic Surety and Insurance Co., Inc. v. Intermediate Appellate Court, 236 Phil. 332, 338 (1987) [Per J. Feliciano, Third Division].
77Go v. Echavez, 765 Phil. 410, 423 (2015) [Per J. Brion, Second Division] citing Rebuldela v. Intermediate Appellate Court, 239 Phil. 487 (1987) [Per J. Paras, First Division] and Municipality of Antipolo v. Zapanta, 230 Phil. 429 (1986) [Per J. Melencio-Herrera, First Division).
78 360 Phil. 865 (1998) [Per J. Purisima, Third Division].
79 Id. at 867.
80 Id. at 868.
81 Id. at 869.
82 Id. at 870.
83 155 Phil. 616 (1974) [Per J. Muñoz Palma, First Division].
84 Id. at 631-632.
85 Id. at 632.
86 Id. at 633.
87 87 Phil. 87 (1936) [Per J. Villa-Real, En Banc].
88 Id. at 89-92.
89 Id. at 91.
90 Id.
91 666 Phil. 528 (2011) [Per J. Nachura, Second Division].
92 Id. at 533-534.
93 Id. at 536-538.
94 Id. at 537.
95Filipino Legion Corporation v. Court of Appeals, 155 Phil. 616, 633 (1974) [Per J. Muñoz Palma, First Division]; See Baguio v. Bandal, 360 Phil. 865 (1998) [Per J. Purisima, Third Division].
96 Id.
97Go v. Echavez, 765 Phil. 410, 423 (2015) [Per J. Brion, Second Division].
98Lichauco v. Tan Pho, 51 Phil. 862, 879-881 (1923) [Per J. Romualdez, En Banc].
99 Id. at 880-881.
100 Id. at 879.
101 51 Phil. 862 (1923) [Per J. Romualdez, En Banc].
102 Id. at 879-881.
103 Id. at 881.
104Briones-Vasquez v. Court of Appeals, 491 Phil. 81, 93 (2005) [Per J. Azcuna, First Division].
105Lichauco v. Tan Pho, 51 Phil. 862, 884 (1923) [Per J. Romualdez, En Banc].
106 Id. at 884.
107 Id.
108 Id.
109 126 Phil. 833 (1967) [Per J. Makalintal, En Banc].
110 Id. at 837.
111 Id. at 837-838.
112Go v. Echavez, 765 Phil. 410,424 (2015) [Per J. Brion, Second Division].
113 Id.
114Imperial v. Armes, 178842, January 30, 2017 <http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2017/january2017/178842.pdf> 11 [Per J. Jardeleza, Third Division].
115 Id. citing Yu v. Judge Reyes-Carpio, 667 Phil. 474 (2011) [Per J. Velasco, Jr., First Division].
116 47 Phil. 717 (1925) [Per J. Ostrand, Second Division].
117 Id. at 722.
118Nazareno v. Court of Appeals, 428 Phil. 32,41-42 (2002) [Per J. De Leon, Jr., Second Division).
119 Imperial v. Armes, 178842, January 30, 2017 <http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2017/january2017/178842.pdf> 12 [Per J. Jardeleza, Third Division].
120Estoesta v. Court of Appeals, 258-A Phil. 779, 790 (1989) [Per J. Paras, Second Division].
121 697 Phil. 619 (2012) [Per J. Brion, En Banc].
122 Id. at 629-630.
123 440 Phil. 1 (2002) [Per J. Carpio, First Division].
124 Id. at 23-24.
125 Id.
126NPC Drivers and Mechanics Association v. National Power Corporation, 767 Phil. 210, 250 (2014) [Per J. Brion, Special Third Division].
127 512 Phil. 408 (2005) [Per J. Austria-Martinez, Second Division].
128 Id. at 413-416.
129 Id. at 416.
130 721 Phil. 84 (2013) [Per J. Brion, Second Division].
131 Id. at 96-98.
132 296 Phil. 580 (1993) [Per J. Bellosillo, First Division].
133 Id. at 589-591.
134 Id. at 591-592.
135Bigler v. People, 785 SCRA 479, 487-488 (2016) [Per J. Perlas-Bernabe, First Division].
136Sumbilla v. Matrix Finance Corporation, 762 Phil. 130, 137-141 (2015) [Per J. Villarama, Jr., Third Division].
137Republic Surety and Insurance Co., Inc. v. Intermediate Appellate Court, 236 Phil. 332 (1987) [Per J. Feliciano, Third Division].
138Rollo, pp. 43-49.
139 Id. at 162-163.
140 Id. at 157-159.
141 Id.
142 Id.
143 Id.
144 552 Phil. 496 (2007) [Per J. Puno, Second Division].
145 Id. at 508-509.
146Rollo, p. 214.
147 Id. at 262-271.
148 Id. at 43-49.
149 Id.
150 Marc Labonte, Inflation: Causes, Costs, and Current Status, <https://pdfs.semanticscholar.org/48ac/7bf4dd4a6c9bce7c05722506274307bba096.pdf> (last visited August 15, 2017).
151Villoria v. Piccio, 95 Phil. 802, 805-806 (1954) [Per J. Reyes, A., En Banc]; Windor Steel Mfg. Co., Inc. v. Court of Appeals, 190 Phil. 223 (1981) [Per J. Melencio-Herrera, First Division].
152 Id. at 805-806.
153Windor Steel Mfg. Co., Inc. v. Court of Appeals, 190 Phil. 223 (1981) [Per J. Melencio-Herrera, First Division]; KKK Foundation, Inc. v. Calderon-Bargas, 565 Phil. 720 (2007) [Per J. Quisumbing, Second Division].
154Rollo, pp. 301-302
155 Id. at 301.
156Philippine American Accident Insurance Co., Inc. v. Flores, 186 Phil. 563 (1980) [Per J. Abad Santos, Second Division].
157See Raymundo v. Galen Realty and Mining Corp., 719 Phil. 557, 565 (2013) [Per J. Reyes, First Division].
158 119 Phil. 448 (1964) (Per J. Paredes, En Banc].
159 212 Phil. 564 (1984) [Per J. Gutierrez, Jr., First Division].
160Rollo, p. 157.
161 Id. at 158.