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Civil Procedure

Angelo A. de Leon
September 11, 2013

G.R. No. 83018


March 13, 1991
MANNING INTERNATIONAL CORPORATION vs. NATIONAL LABOR RELATIONS COMMISSION
FACTS:
Francisco Benedicto a.k.a. Lazaro Benedicto is a truck driver in Riyadh, Saudi
Arabia hired by a foreign firm, Abdulasis & Mohamed A. Aljomaih Co., thru its Philippine
representative, Manning International Corporation. Unfortunately Benedicto was involved in
a vehicular accident and as a consequence was injured and lost both his legs, he stayed in a
hospital in Saudi Arabia for some time but was later on repatriated to the Philippines.
Eventually Benedicto filed a complaint with the Philippine Overseas Employment
Administration (POEA) for the recovery of his salary for the unexpired portion of his contract,
insurance benefits and projected cost of medical expenses amounting to P25,000.00.
Despite due service of summons and several subsequent notices, no appearance was
entered, and no evidence presented, in behalf of the impleaded respondents, Benedicto's
erstwhile employers: Manning and Abdulasis, etc.
POEA dismissed Benedicto's claim for salary corresponding to the unexpired portion
of his employment contract, upon a finding that "complainant was legally terminated from
employment" because of his disability. However it (POEA) ordered Manning and Abdulasis,
etc., in accordance with their contractual undertaking to provide workmen's compensation
benefits for service-connected illness, injuries or death, "jointly and severally, to pay . . .
(Benedicto) P12,000.00 as total and permanent disability benefit . . (as well as) the actual
medical expenses incurred by (him) in the treatment of his disability for at least one hundred
twenty (120) days subject to verification . . . . "
Manning filed a "Motion for Reconsideration and New Trial," which however was
denied by the NLRC and affirmed the judgment of the POEA.
On May 27, 1985, the judgment having become executory, Benedicto moved for
computation of the amounts due him, and in substantiation, submitted receipts evidencing
his actual medical expenses. The Administrator directed the issuance of an alias writ of
execution to enforce payment by respondents of P12,000.00 as total and permanent
disability benefits and P19,450.00 as hospitalization and medical expenses for one hundred
twenty (120) days, or a total of P31,450.00.
Upon Benedictos protest against the limitation of the award to him of medical
expenses the NLRC adjudged his motion and set aside the POEA Order and, entered a new
judgment awarding Benedicto P65,621.03 total reimbursement of actual medical expenses
based on considerations of equity and social justice.
Hence this petition by Manning International.
ISSUE: W/O NLRCs New Judgment proper event hough a Final and Executory Judgment
was already rendered
by the POEA?
HELD:
NO. NLRCs new judgment is at odds with the final and executory judgment rendered
by the POEA.
Nothing is more settled in the law than that when a final judgment becomes
executory, it thereby becomes immutable and unalterable. The judgment may no longer be
modified in any respect, even if the modification is meant to correct what is perceived to be
an erroneous conclusion of fact or law, and regardless of whether the modification is
attempted to be made by the Court rendering it or by the highest Court of the land. The
only recognized exceptions are the correction of clerical errors or the making of so-called
nunc pro tunc entries which cause no prejudice to any party, 4 and, of course, where the
judgment is void. The alteration made by the NLRC judgment on the final and executory
judgment of the POE Administrator cannot in any sense be characterized as the correction of
a clerical mistake, or a nunc pro tunc entry. Nor may the latter judgment be considered as

Civil Procedure
Angelo A. de Leon
September 11, 2013

void in any aspect. It is in truth the "new judgment" of the NLRC that is void ab initio,.
insofar as it attempts to vary the disposition of the final and executory decision of the POE
Administrator. Said "new judgment" is utterly inefficacious to work any change in the
Administrator's decision.

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