FIRST DIVISION
[G.R. No. 243680. March 4, 2019.]
ABC MANPOWER AGENCY, INC., petitioner, vs.ANNIEGLEND C. VILLENA, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated March 4, 2019 which reads as follows:
"G.R. No. 243680 (ABC Manpower Agency, Inc. v. Annieglend C. Villena)
After review of the records, the Court resolves to DENY the petition for failure to sufficiently show that the Court Appeals (CA) committed any reversible error in its May 25, 2018 Decision 1 and October 30, 2018 Resolution, 2 as to warrant the exercise of the Court's appellate jurisdiction.
As correctly ruled by the CA, the issuance of a writ of execution is a matter of right on the part of the prevailing party once a judgment becomes final and executory. The issuance thereof is a ministerial duty on the part of the Labor Arbiter. The intent of the law is to prevent the delay and denial of the fruits of victory of the prevailing party by some subterfuge devised by the losing party. Final and executory judgments can neither be amended nor altered except for correction of clerical errors, even if the purpose is to correct erroneous conclusions of fact or of law. 3 In fact, the holding in abeyance of the issuance of a writ of execution of a final and executory judgment can be considered an abuse of discretion on the part of the lower courts or tribunals. 4
WHEREFORE, the petition is DENIED. The May 25, 2018 Decision and October 30, 2018 Resolution of the Court of Appeals in CA-G.R. SP No. 154170 are AFFIRMED.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 485-493; penned by Associate Justice Ma. Luisa C. Quijano-Padilla with Associate Justices Fernanda Lampas Peralta and Amy C. Lazaro-Javier, concurring.
2.Id. at 518-520.
3.Marmosy Trading, Inc., et al. v. Court of Appeals, et al., 634 Phil. 394, 404 (2010).
4.Mayor Vargas, et al. v. Cajucom, 761 Phil. 43, 53 (2015).