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23RD PERSUASIVE APPEAL_15JUNE16_MANAGEMENT PREROGATIVE IS NOT ABSOLUTE_PRB PAYMENT WITHHELD RE: PAYEE IS MY RELATIVE

JUNE 15, 2016  SALUTATION Dear Chief Justice Sereno, et al: MESSAGE PREFATORY  1     PACKET 11 : LABEL 5.11.1  SHELL                                              Position Paper p.7 No.20 "20. It is respectfully submitted that the reorganization undertaken by the Company is a valid exercise of management prerogative.  It was made imperative by the conditions still persist even up to the present.  The Supreme Court ruled in The Hongkong and Shanghai Banking Corporation Employees Union vs. National Labor Relations Commission and the Hongkong and Shanghai Banking Corporation Ltd. that: "It is a well-settled rule that labor laws do not authorize interference with the employers judgment in the conduct of his business. The Labor Code and its implementing rules do not vest in the labor arbiters nor in the different divisions of the NLRC nor in the courts managerial authority.[16] The hiring, firing, transfer, demotion, and promotion of employees has been traditionally identified as a management prerogative subject to limitations found in the law, a collective bargaining agreement, or in general principles of fair play and justice. This is a function associated with the employers inherent right to control and manage effectively its enterprise. Even as the law is solicitous of the welfare of employees, it must also protect the right of an employer to exercise what are clearly management prerogatives. The free will of management to conduct its own business affairs to achieve its purpose cannot be denied.".[17] REGALADO, J.: As quoted by Atty. Raul Quiroz [16] Almodiel vs. NLRC, et al., G.R. No. 100641, June 14, 1993, 223 SCRA 341. [17] Abbot Laboratories (Phils.), Inc. vs. NLRC, et al., G.R. No. 76959, October 12, 1987, 154 SCRA 713. SHORT NARRATIVE It is a well-settled rule that labor laws do not authorize interference with the employers judgment in the conduct of his business; however, this is not absolute, as this is subject to limitation, as this prerogative, management prerogative  is subject to limitations found in the law, a collective bargaining agreement, or in general principles of fair play and justice.[1] Ritche Coronel was a former plant operator  who prior to his resignation got a common understanding with his boss that he will receive his performance related bonus(PRB) pending the assessment of the amount he was going to receive as PRB. This information is likewise been confirmed in the Labor Management Cooperation Meeting," Annex K".[2] When the PRB payout came, Ritche was already in the U.S. and her mother, my cousin,  asked me to receive Ritche's PRB,  75thousand pesos more or less, and provided me an authorization letter to receive the PRB payment for her. However, the paymaster and management  refused to release payment to me upon learning that I will be receiving it for Coronel and Buensuceso(myself) and Coronel were relatives saying as an alibi that,  "Employees who had resigned are no longer qualified to receive performance related bonus." This action casted a shameful predicament on my part in the eyes of my relatives, the Coronels, the public and the rest of my family. Had it not been being we are relatives, Ritche should have  received his PRB. Thus, a case for non payment of PRB, I filed in behalf of Ritche Coronel against Shell.  I did not know what had been the outcome of this case  until,  Atty. Raul Quiroz  provided me a copy of Annex H via his pleadings/documents on his disbarment case  AC-10084, saying that mentioned case had been resolved in favor of Shell [3]. An instant perusal of Annex H showed that the case decision was issued on August 29, 2008, when both of us, Buensuceso and Coronel,  were  already in the U.S. which precluded us from knowing the information;  thus, we were not able to respond accordingly. May I move that this case Ritche Coronel v. Shell on the matter of complaint on No-payment of Performance Related Bonus be allowed to be included in my complaint to serve the interest of fair play and justice. May your honors be enlightened with the following citation: "SEC 200_ Where-ever law ends, tyranny begins, if the law be transgressed to another's harm; and whosoever in authority exceeds the power given him by the law, and makes use of the force he has under his command, to compass that upon the subject, which the law allows not, ceases in that to be a magistrate; and, acting without authority, may be opposed, as any other man, who by force invades the right of another. This is acknowledged in subordinate magistrates. He that hath authority to seize my person in the street, may be opposed as a thief and a robber, if he endeavours to break into my house to execute a writ, notwithstanding that I know he has such a warrant, and such a legal authority, as will impower him to arrest me abroad. And why this should not hold in the highest, as well as in the most inferior magistrate, I would gladly be informed. Is it reasonable, that the eldest brother, because he has the greatest part of his father's estate, should thereby have a right to take away any of his younger brothers portions? or that a rich man, who possessed a whole country, should from thence have a right to seize, when he pleased, the cottage and garden of his poor neighbour? The being rightfully possessed of great power and riches, exceedingly beyond the greatest part of the sons of Adam, is so far from being an excuse, much less a reason, for rapine and oppression, which the endamaging another without authority is, that it is a great aggravation of it: for the exceeding the bounds of authority is no more a right in a great, than in a petty officer; no more justifiable in a king than a constable; but is so much the worse in him, in that he has more trust put in him, has already a much greater share than the rest of his brethren, and is supposed, from the advantages of his education, employment, and counsellors, to be more knowing in the measures of right and wrong."         _ John Locke : Second Treatise of Civil Government,           Chapter xviii : Of  Tyranny Sincerely, Antonio L. Buensuceso Jr. FOOTNOTES [1] MANAGEMENT PREROGATIVE IS NOT BOUNDLESS Cruz vs. Medina ( 177 SCRA 565 [1989]) University of Sto. Tomas v. NLRC, 190 SCRA 758 [1990]) [9] Radio Communications of the Philippines, Inc. v. NLRC, 221 SCRA 782 (1993);  Corral v. NLRC, 221 SCRA 693(1993);  Rubberworld (Phils.), Inc. v. NLRC, 175 SCRA 450 (1989) [2] NOTE: [ 5. PRB Scope- Ritchie Coronel to receive whole PRB.  R. Magtibay,  O. Viray  and                 B. de Villa to receive pro-rated prbs.] [3]

SHELL REFINERY PERFECT ATTENDANCE AWARD

JUNE 14, 2016  SALUTATION Dear Chief Justice Sereno, et al: MESSAGE PREFATORY  1     PACKET 11 : LABEL 5.11.1  SHELL                                              Position Paper p.7 No.20 "20. It is respectfully submitted that the reorganization undertaken by the Company is a valid exercise of management prerogative.  It was made imperative by the conditions still persist even up to the present.  The Supreme Court ruled in The Hongkong and Shanghai Banking Corporation Employees Union vs. National Labor Relations Commission and the Hongkong and Shanghai Banking Corporation Ltd. that: "It is a well-settled rule that labor laws do not authorize interference with the employers judgment in the conduct of his business. The Labor Code and its implementing rules do not vest in the labor arbiters nor in the different divisions of the NLRC nor in the courts managerial authority.[16] The hiring, firing, transfer, demotion, and promotion of employees has been traditionally identified as a management prerogative subject to limitations found in the law, a collective bargaining agreement, or in general principles of fair play and justice. This is a function associated with the employers inherent right to control and manage effectively its enterprise. Even as the law is solicitous of the welfare of employees, it must also protect the right of an employer to exercise what are clearly management prerogatives. The free will of management to conduct its own business affairs to achieve its purpose cannot be denied.".[17] REGALADO, J.: As quoted by Atty. Raul Quiroz [16] Almodiel vs. NLRC, et al., G.R. No. 100641, June 14, 1993, 223 SCRA 341. [17] Abbot Laboratories (Phils.), Inc. vs. NLRC, et al., G.R. No. 76959, October 12, 1987, 154 SCRA 713. NARRATIVES SHELL management concocted a PERFECT ATTENDANCE PROGRAM and called this PERFECT ATTENDANCE AWARD SYSTEM. At the beginning of the year the supervisors under the direction of SHELL management instructs their respective operators, mechanics and other rank and file employees to become PERFECT ATTENDANCE AWARDEES to the end of the year. But how does one become an awardee? Being part of our benefit package we got through our collective bargaining agreement, we have fifteen (15)  days vacation leaves, fifteen (15) days sick leaves and five (5) days personal/emergency leaves annually. In order to become a PERFECT ATTENDANCE AWARDEE an employee can only avail of his fifteen (15) days of vacation leaves and leave behind his fifteen (15) days of sick leave  and five (5) days personal/emergency leaves.  If the employee happened to consume even a day of his sick leave or personal/emergency he will no longer be entitled to become a PERFECT ATTENDANCE AWARDEE and may suffer unfavorable consequences of it. Now, at the end of the year those sick leaves and personal/emergency leaves of awardees shall be forfeited in favor of SHELL. These fifteen days sick leaves and five days personal/emergency leaves shall all be collected by greedy SHELL and gives back a gift, just worth one-half day work; in my case : one G.E. flat iron during one Christmas party occasion. WHY not give a gift commensurate to at least to the 20 day work? Actually, if the employee consumed all the fifteen days sick leave and five days emergency leaves, these 20 day leaves will cost SHELL  50 days worth of work. Look when the employee avail of these 20 days leaves, he got  20 days. then another will work in his  place and will be paid  overtime  1.5 x 20 days and got 30 days. Therefore, 20 days for the employee who was on leave plus 30 days for the employee who is working overtime for the employee who is on leave is equal to 50 days. So why just give a half day worth of gift?  This is a real SCAM, a scandalous extortion racket. SHELL management forced employees into submission to this SCAM by warning non-conforming employees that they will not be promoted or will be transferred to other work assignment which the employee will find to be a difficult or ridiculous one. And we find ourselves in these predicament since I joined SHELL. Every year I asked for MANAGEMENT to give  sanity to the PERFECT ATTENDANCE AWARD SYSTEM but they never did. They kept doing this SCAM over and over again. On year 2000, January  I made a vow that I will not cut my hair to remind SHELL management that there is a constant plea for SANITY in the PERFECT ATTENDANCE AWARD SYSTEM. But before my hair could grow any longer  SHELL management opted to terminate my employment in the guise of redundancy on February 2003. A case of illegal termination of employment I filed against SHELL (GR-183273)  and disbarment complaint against its lawyer (ATTY. Raul Quiroz, AC-10084) and are now pending in the SUPREME COURT OF THE PHILIPPINES. I am by myself, my counsel, have longed abandoned me after this case passed by the NLRC and lawyers whom we asked for assistance  practically advise me and my family to quit because SHELL is our opponent ….I can have all the winning arguments in facts and law but SHELL has the remarkable influence on the judges and/or justices making the decision. At this point, these "practical " lawyers seemed to be correct with their assessment. The court is tilted in favor of Shell. Nevertheless, though on my own, nothing will ever diminish my will to fight for a cause I believe is right and that justice shall prevail in the end. This PERFECT ATTENDANCE AWARD SCHEME though on the outset may look to be  free will of management to conduct its own business affairs however the court must struck this  down for being violative of the court's ruling which Atty. Raul Quiroz himself presented (The Supreme Court ruled in The Hongkong and Shanghai Banking Corporation Employees Union vs. National Labor Relations Commission and the Hongkong and Shanghai Banking Corporation Ltd.) to support the company's stand on the principle of managements' prerogatives where he had victoriously mislead the court into believing that managements' prerogative is absolute contrary to the meaning of the mentioned ruling, as management prerogative is limited by general principles of fair play and justice, among others, which, again for emphasis, Atty. Raul Quiroz, himself,  presented.  I am sending you this message as a matter of  22nd PERSUASIVE APPEAL for this honorable court to consider review of GR-183273 and AC-10084 respectively and to institute corrective applicable disciplinary proceedings against erring guardians of law in connection with these two cases. May your honors be enlightened with the following citation: "SEC 200 Where-ever law ends, tyranny begins, if the law be transgressed to another's harm; and whosoever in authority exceeds the power given him by the law, and makes use of the force he has under his command, to compass that upon the subject, which the law allows not, ceases in that to be a magistrate; and, acting without authority, may be opposed, as any other man, who by force invades the right of another. This is acknowledged in subordinate magistrates. He that hath authority to seize my person in the street, may be opposed as a thief and a robber, if he endeavours to break into my house to execute a writ, notwithstanding that I know he has such a warrant, and such a legal authority, as will impower him to arrest me abroad. And why this should not hold in the highest, as well as in the most inferior magistrate, I would gladly be informed. Is it reasonable, that the eldest brother, because he has the greatest part of his father's estate, should thereby have a right to take away any of his younger brothers portions? or that a rich man, who possessed a whole country, should from thence have a right to seize, when he pleased, the cottage and garden of his poor neighbour? The being rightfully possessed of great power and riches, exceedingly beyond the greatest part of the sons of Adam, is so far from being an excuse, much less a reason, for rapine and oppression, which the endamaging another without authority is, that it is a great aggravation of it: for the exceeding the bounds of authority is no more a right in a great, than in a petty officer; no more justifiable in a king than a constable; but is so much the worse in him, in that he has more trust put in him, has already a much greater share than the rest of his brethren, and is supposed, from the advantages of his education, employment, and counsellors, to be more knowing in the measures of right and wrong."         _ John Locke : Second Treatise of Civil Government,           Chapter xviii : Of  Tyranny Sincerely, Antonio L. Buensuceso Jr.

THE DOCTRINE OF FINALITY OF JUDGMENT IS NOT ENGRAVED IN STONE

www.bibleodesey.com "The doctrine of finality of judgment is not engraved in stone." "The Court is not precluded from rectifying errors of judgment if blind and stubborn adherence to the doctrine of immutability of final judgments would involve the sacrifice of justice for technicality."20 SALUTATION Dear Chief Justice Sereno et al:   MESSAGE As a matter of 19th PERSUASIVE APPEAL, may I, your honors, with all due respect, remind you that the doctrine of finality of judgment is not engraved in stone; as this doctrine admits a few exceptions  as in case where, whenever circumstances transpire after the finality of the decision rendering its execution unjust and inequitable. Please see  [1] and [2]. FROM [1] of the table of references This court explained in FGU Insurance Corporation v. Regional Trial Court60 the doctrine of finality of judgment: Under the doctrine of finality of judgment or immutability of judgment, a decision that has acquired finality becomes immutable and unalterable, and 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 of the land. Any act which violates this principle must immediately be struck down.61This doctrine admits a few exceptions, usually applied to serve substantial justice: 1. "The correction of clerical errors; 2. the so-called nunc pro tunc entries which cause no prejudice to any party; 3. void judgments; and 4. whenever circumstances transpire after the finality of the decision rendering its execution unjust and inequitable."62 FROM [2] of the table of referencesUnder the doctrine of finality of judgment or immutability of judgment, a decision that has acquired finality becomes immutable and unalterable, and 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 of the land. Any act which violates this principle must immediately be struck down. But like any other rule, it has exceptions, namely: (1) the correction of clerical errors; (2) the so-called nunc pro tunc entries which cause no prejudice to any party; (3) void judgments; and  (4) whenever circumstances transpire after the finality of the decision rendering its execution unjust and inequitable.13 Your continuing reliance on this doctrine  obviously means measures to protect Shell and her cohorts from responsibility, accountability, liability and/or civil and criminal prosecution, like, among others, crime of circumvention of the retirement pay law and unlawful employee dismissal from employment,  has wobbling legs to stand on.  Your inaction exacerbates deeper the notion that partnership or collusion between Shell and you, the judiciary from the labor arbiter up to the justices of the Supreme Court, and by symbiosis Shell secures protection from you and this protection for all the people know and believe, is not free.  For one, aside from other conspicuously meritorious causes,  the denial by Shell of my retirement pay last September 2015 at my retirement age is a circumstance which transpired after the finality of  Decisions [4]GR-183273 and [5}AC-10084 rendering their execution unjust and inequitable. Thus,  may I most respectfully move,  that with all due respect, disturbing the finality of judgment  doctrine over Decisions [4] and [5] be awarded, by virtue of the application of equal protection of the laws as provided for in the constitutional bill of rights provision.[6] Yours faithfully, Antonio L. Buensuceso Jr. TABLE OF REFERENCES Attribution: LAWPHIL PROJECT [1] Republic of the Philippines SUPREME COURT Manila THIRD DIVISION G.R. No. 194560               June 11, 2014 NESTOR T. GADRINAB, Petitioner, vs. NORAT. SALAMANCA, ANTONIO TALAO AND ELENA LOPEZ, Respondents. D E C I S I O N LEONEN, J.: The issue in this case is whether the Court of Appeals erred in affirming the Regional Trial Court’s decision allowing the physical partition of the property despite finality of a previous judgment on compromise agreement involving the division of the same property. The petition is meritorious. The Court of Appeals erred in affirming the Regional Trial Court’s decision allowing the physical partition of the property Respondent Salamanca filed two actions for physical partition. The two parties settled the first action through a judicial compromise agreement. The same respondent filed the second action after she had determined that her co-heirs were not being cooperative in complying with the compromise agreement. In a compromise agreement, the parties freely enter into stipulations. "[A] judgment based on a compromise agreement is a judgment on the merits"52 of the case. It has the effect of res judicata. These principles are impressed both in our law and jurisprudence. Thus, Article 2037 of the Civil Code provides: Article 2037. A compromise has upon the parties the effect and authority of res judicata; but there shall be no execution except in compliance with a judicial compromise. In Spouses Romero v. Tan,53 this court said: It is well settled that a judicial compromise has the effect of res judicata and is immediately executory and not appealable unless set aside [by mistake, fraud, violence, intimidation, undue influence, or falsity of documents that vitiated the compromise agreement].54 There is res judicata when the following concur: 1. Previous final judgment; 2. By a court having jurisdiction over the parties and the subject matter; 3. On the merits of the case; 4. Between identical parties, on the same subject matter, and cause of action55 There are two rules that embody the principle of res judicata. The first rule refers to "bar by prior judgment,"56 which means that actions on the same claim or cause of action cannot be relitigated.57 This rule is embodied in Rule 39, Section 47, paragraph (b) of the Rules of Court, which provides: Section 47. Effect of judgments or final orders. — The effect of a judgment or final order rendered by a court of the Philippines, having jurisdiction to pronounce the judgment or final order, may be as follows: (b) In other cases, the judgment or final order is, with respect to the matter directly adjudged or as to any other matter that could have been raised in relation thereto, conclusive between the parties and their successors in interest by title subsequent to the commencement of the action or special proceeding, litigating for the same thing and under the same title and in the same capacity[.] The second rule refers to "conclusiveness of judgment."58 This means that facts already tried and determined in another action involving a different claim or cause of action cannot anymore be relitigated.59 This rule is embodied in Rule 39, Section 47, paragraph (c) of the Rules of Court, which provides: Section 47. Effect of judgments or final orders. — The effect of a judgment or final order rendered by a court of the Philippines, having jurisdiction to pronounce the judgment or final order, may be as follows: . . . . (c) In any other litigation between the same parties or their successors in interest, that only is deemed to have been adjudged in a former judgment or final order which appears upon its face to have been so adjudged, or which was actually and necessarily included therein or necessary thereto. (49a) This case involves "bar by prior judgment." Respondents cannot file another action for partition after final judgment on compromise had already been rendered in a previous action for partition involving the same parties and property. This court explained in FGU Insurance Corporation v. Regional Trial Court60 the doctrine of finality of judgment: Under the doctrine of finality of judgment or immutability of judgment, a decision that has acquired finality becomes immutable and unalterable, and 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 of the land. Any act which violates this principle must immediately be struck down.61 This doctrine admits a few exceptions, usually applied to serve substantial justice: 1. "The correction of clerical errors; 2. the so-called nunc pro tunc entries which cause no prejudice to any party; 3. void judgments; and 4. whenever circumstances transpire after the finality of the decision rendering its execution unjust and inequitable."62 52 Spouses Romero v. Tan, 468 Phil. 224, 240 (2004) [Per J. Quisumbing, Second Division]. 53 468 Phil. 224 (2004) [Per J. Quisumbing, Second Division]. 54 Id. at 240; See also Aromin v. Floresca, 528 Phil. 1165, 1186 (2006) [Per J. Callejo, Sr., First Division]. 55 See Heirs of Enrique Diaz v. Virata,529 Phil. 799, 823-824 (2006) [Per J. Chico-Nazario, First Division]. 56 See also Facura v. Court of Appeals, G.R. No. 166495, February 16, 2011, 643 SCRA 427, 458–460 [Per J. Mendoza, Second Division]. 57 See also Facura v. Court of Appeals, G.R. No. 166495, February 16, 2011, 643 SCRA 427, 458–460 [Per J. Mendoza, Second Division]. 58 See also Facura v. Court of Appeals, G.R. No. 166495, February 16, 2011, 643 SCRA 427, 458–460 [Per J. Mendoza, Second Division]. 59 See also Facura v. Court of Appeals, G.R. No. 166495, February 16, 2011, 643 SCRA 427, 458–460 [Per J. Mendoza, Second Division]. 60 G.R. No. 161282, February 23, 2011, 644 SCRA 50 [Per J. Mendoza, Second Division]. 61 Id. at 56. 62 Id. [2] Republic of the Philippines SUPREME COURT Manila SECOND DIVISION G.R. No. 161282              February 23, 2011 FGU INSURANCE CORPORATION (Now BPI/MS INSURANCE CORPORATION), Petitioner, vs. REGIONAL TRIAL COURT OF MAKATI CITY, BRANCH 66, and G.P. SARMIENTO TRUCKING CORPORATION,Respondents. D E C I S I O N MENDOZA, J.: This is a petition for mandamus praying that the July 1, 2003 and November 3, 2003 orders 1 of the Regional Trial Court Branch 66, Makati City (RTC), which granted the Motion To Set Case For Hearing filed by private respondent G.P. Sarmiento Trucking Corporation (GPS), be set aside and, in lieu thereof, "a decision be rendered ordering the lower court to issue the Writ of Execution in Civil Case No. 94-3009 in consonance with the decision of this venerable court dated August 6, 2002."2 Records show that on June 18, 1994, GPS agreed to transport thirty (30) units of Condura S.D. white refrigerators in one of its Isuzu trucks, driven by Lambert Eroles (Eroles), from the plant site of Concepcion Industries, Inc. (CII) in Alabang, to the Central Luzon Appliances in Dagupan City. On its way to its destination, however, the Isuzu truck collided with another truck resulting in the damage of said appliances. FGU Insurance Corporation (FGU), the insurer of the damaged refrigerators, paid CII, the insured, the value of the covered shipment in the sum of P204,450.00. FGU, in turn, as subrogee of the insured’s rights and interests, sought reimbursement of the amount it paid from GPS. The failure of the GPS to heed FGU’s claim for reimbursement, led the latter to file a complaint for damages and breach of contract of carriage against the former and its driver, Eroles, with the RTC. During the hearing of the case, FGU presented evidence establishing its claim against GPS. For its part, GPS filed a motion to dismiss by way of demurrer to evidence, which was granted by the RTC. The RTC ruled, among others, that FGU failed to adduce evidence that GPS was a common carrier and that its driver was negligent, thus, GPS could not be made liable for the damages of the subject cargoes. On appeal, the Court of Appeals (CA) affirmed the ruling of the RTC. The case was then elevated to this Court. On August 6, 2002, the Court rendered a decision3 agreeing with the lower courts that GPS was not a common carrier but nevertheless held it liable under the doctrine of culpa contractual. Thus, the dispositive portion of the Court’s decision reads as follows: WHEREFORE, the order, dated 30 April 1996, of the Regional Trial Court, Branch 66, of Makati City, and the decision, dated 10 June 1999, of the Court of Appeals, are AFFIRMED only insofar as respondent Lambert M. Eroles is concerned, but said assailed order of the trial court and decision of the appellate court are REVERSED as regards G.P. Sarmiento Trucking Corporation which, instead, is hereby ordered to pay FGU Corporation the value of the damaged and lost cargoes in the amount of P204,450.00. No costs. SO ORDERED. On September 18, 2002, this Court denied GPS’ motion for reconsideration with finality.4 In due course, an entry of judgment5 was issued certifying that the August 6, 2002 decision of this Court became final and executory on October 3, 2002. On October 14, 2002, FGU filed a motion for execution6 with the RTC praying that a writ of execution be issued to enforce the August 6, 2002 judgment award of this Court in the amount of P204,450.00. On November 5, 2002, GPS filed its Opposition to Motion for Execution7 praying that FGU’s motion for execution be denied on the ground that the latter’s claim was unlawful, illegal, against public policy and good morals, and constituted unjust enrichment. GPS alleged that it discovered, upon verification from the insured, that after the insured’s claim was compensated in full, the insured transferred the ownership of the subject appliances to FGU. In turn, FGU sold the same to third parties thereby receiving and appropriating the consideration and proceeds of the sale. GPS believed that FGU should not be allowed to "doubly recover" the losses it suffered. Thereafter, on January 13, 2003, GPS filed its Comment with Motion to Set Case for Hearing on the Merits.8 On July 1, 2003, the RTC issued an order granting GPS motion to set case for hearing. Its order, in its pertinent parts, reads: X x x. The defendant, however, contends that it has already turned over to the consignee the 30 refrigerator units subject[s] of the case. It also appears from the record that the Accounting/Administrative Manager of Concepcion Industries has executed a certification to the effect that the assured company has turned over the refrigerator units in question to plaintiff. In view of the foregoing and considering that plaintiff may not be allowed to recover more than what it is entitled to, there is a need for the parties to clarify the following issues to allow a fair and judicious resolution of plaintiff’s motion for issuance of a writ of execution: 1) Was there an actual turn-over of 30 refrigerators to the plaintiff? 2) In the affirmative, what is the salvage value of the 30 refrigerators? WHEREFORE, the Court hereby orders both parties to present evidence in support of their respective positions on these issues. SO ORDERED.9 [Italicization in the original] Upon denial of its motion for reconsideration, FGU filed this petition for mandamus directly with this Court on the following GROUNDS THE REGIONAL TRIAL COURT OF MAKATI CITY, BRANCH 66 UNLAWFULLY NEGLECTED THE PERFORMANCE OF ITS DUTY WHEN IT RE-OPENED A CASE, THE DECISION OF WHICH HAD ALREADY ATTAINED FINALITY. THE REGIONAL TRIAL COURT OF MAKATI CITY, BRANCH 66 UNLAWFULLY NEGLECTED THE PERFORMANCE OF ITS MINISTERIAL DUTY WHEN IT DENIED THE ISSUANCE OF A WRIT OF EXECUTION. In advocacy of its position, FGU argues that the decision is already final and executory and, accordingly, a writ of execution should issue. The lower court should not be allowed to hear the matter of turnover of the refrigerators to FGU because it was not an issue raised in the Answer of GPS. Neither was it argued by GPS in the CA and in this Court. It was only brought out after the decision became final and executory. Indeed, a writ of mandamus lies to compel a judge to issue a writ of execution when the judgment had already become final and executory and the prevailing party is entitled to the same as a matter of right.10 Fundamental is the rule that where the judgment of a higher court has become final and executory and has been returned to the lower court, the only function of the latter is the ministerial act of carrying out the decision and issuing the writ of execution.11 In addition, a final and executory judgment can no longer be amended by adding thereto a relief not originally included. In short, once a judgment becomes final, the winning party is entitled to a writ of execution and the issuance thereof becomes a court's ministerial duty. The lower court cannot vary the mandate of the superior court or reexamine it for any other purpose other than execution; much less may it review the same upon any matter decided on appeal or error apparent; nor intermeddle with it further than to settle so much as has been demanded.12 Under the doctrine of finality of judgment or immutability of judgment, a decision that has acquired finality becomes immutable and unalterable, and 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 of the land. Any act which violates this principle must immediately be struck down. But like any other rule, it has exceptions, namely: (1) the correction of clerical errors; (2) the so-called nunc pro tunc entries which cause no prejudice to any party; (3) void judgments; and (4) whenever circumstances transpire after the finality of the decision rendering its execution unjust and inequitable.13 The exception to the doctrine of immutability of judgment has been applied in several cases in order to serve substantial justice. The early case ofCity of Butuan vs. Ortiz14 is one where the Court held as follows: Obviously a prevailing party in a civil action is entitled to a writ of execution of the final judgment obtained by him within five years from its entry (Section 443, Code of Civil Procedure). But it has been repeatedly held, and it is now well-settled in this jurisdiction, that when after judgment has been rendered and the latter has become final, facts and circumstances transpire which render its execution impossible or unjust, the interested party may ask the court to modify or alter the judgment to harmonize the same with justice and the facts (Molina vs. De la Riva, 8 Phil. 569; Behn, Meyer & Co. vs. McMicking, 11 Phil. 276; Warner, Barnes & Co. vs. Jaucian, 13 Phil. 4; Espiritu vs. Crossfield and Guash, 14 Phil. 588; Flor Mata vs. Lichauco and Salinas, 36 Phil. 809). In the instant case the respondent Cleofas alleged that subsequent to the judgment obtained by Sto. Domingo, they entered into an agreement which showed that he was no longer indebted in the amount claimed of P995, but in a lesser amount. Sto. Domingo had no right to an execution for the amount claimed by him.’ (De la Costa vs. Cleofas, 67 Phil. 686-693). Shortly after City of Butuan v. Ortiz, the case of Candelario v. Cañizares15 was promulgated, where it was written that: After a judgment has become final, if there is evidence of an event or circumstance which would affect or change the rights of the parties thereto, the court should be allowed to admit evidence of such new facts and circumstances, and thereafter suspend execution thereof and grant relief as the new facts and circumstances warrant. We, therefore, find that the ruling of the court declaring that the order for the payment of P40,000.00 is final and may not be reversed, is erroneous as above explained. These rulings were reiterated in the cases of Abellana vs. Dosdos,16 The City of Cebu vs. Mendoza17 and PCI Leasing and Finance, Inc. v Antonio Milan.18 In these cases, there were compelling circumstances which clearly warranted the exercise of the Court’s equity jurisdiction.1avvphil In the case at bench, the Court agrees with the RTC that there is indeed a need to find out the whereabouts of the subject refrigerators. For this purpose, a hearing is necessary to determine the issue of whether or not there was an actual turnover of the subject refrigerators to FGU by the assured CII. If there was an actual turnover, it is very important to find out whether FGU sold the subject refrigerators to third parties and profited from such sale. These questions were brought about by the contention of GPS in its Opposition to Motion for Execution19 that after the assured, CII, was fully compensated for its claim on the damaged refrigerators, it delivered the possession of the subject refrigerators to FGU as shown in the certification of the Accounting/Administrative Manager of CII. Thereafter, the subject refrigerators were sold by FGU to third parties and FGU received and appropriated the consideration and proceeds of the sale. GPS claims that it verified the whereabouts of the subject refrigerators from the CII because it wanted to repair and sell them to compensate FGU. If, indeed, there was an actual delivery of the refrigerators and FGU profited from the sale after the delivery, there would be an unjust enrichment if the realized profit would not be deducted from the judgment amount. "The Court is not precluded from rectifying errors of judgment if blind and stubborn adherence to the doctrine of immutability of final judgments would involve the sacrifice of justice for technicality."20 WHEREFORE, the petition is DISMISSED. SO ORDERED. JOSE CATRAL MENDOZA Associate Justice WE CONCUR: ANTONIO T. CARPIO Associate Justice Chairperson ANTONIO EDUARDO B. NACHURA Associate Justice DIOSDADO M. PERALTA Associate Justice ROBERTO A. ABAD Associate Justice A T T E S T A T I O N I attest that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court’s Division. ANTONIO T. CARPIO Associate Justice Chairperson, Second Division C E R T I F I C A T I O N Pursuant to Section 13, Article VIII of the Constitution and the Division Chairperson’s Attestation, I certify that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court’s Division. RENATO C. CORONA Chief Justice Footnotes 1 Rollo, pp. 34-35. 2 Id. at 23. 3 Id. at 37-47. 4 Id. at 48. 5 Id. at 49. 6 Id. at 51-53. 7 Id. at 54-56. 8 Id. at 57-60. 9 Id. at 35. 10 Gatmaytan v. Court of Appeals, G.R. No. 132856, August 28, 2006; and Gonzales v. Hon. Sayo, G.R. No. L-58407 May 30, 1983 11 Ruben Sia v. Erlinda Villanueva, G.R. No. 152921, October 9, 2006, 504 SCRA 43. 12 Tropical Homes v. Fortun, 251 Phil 83 (1989). 13 Villa v. GSIS, G.R. No. 174642, October 31, 2009. 14 113 Phil 636 (1961). 15 114 Phil 672 (1962). 16 121 Phil 241 (1965). 17 160 Phil. 869 (1975). 18 G.R. No. 151215, April 5, 2010. 19 Rollo, pp. 54-56. 20 Heirs of Maura So et. al. v. Lucila Jomoc Obliosca et. al., G.R. No. 147082, January 28, 2008. [3] GR-183273 DECISION [4]  GR-183273 DECISION WITH FINALITY [5] AC-10084 DECISION RAUL QUIROZ DISBARMENT CASE [6] 1987 Philippine Constitution BILL OF RIGHTS   ARTICLE III Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.