Gonzales V Solid Cement

Gonzales v. Solid Cement Corp.
(2012)– Rule 37: New Trial or Reconsideration
 The current petition arose from the execution of the final and executory judgment in the parties’ illegal
dismissal dispute (“the original case”), where on December 12, 2000, the Labor Arbiter (LA) resolved
the case by finding that an illegal dismissal took place. Solid Cement reinstated petitioner Gonzales in
the payroll on January 22, 2001.
 The case was appealed to the NLRC and from there to the CA on a petition for certiorari under Rule
65. The original case eventually came to the SC, where the Court denied the petition (Rule 65) of
Solid Cement for lack of merit. SC’s ruling became final and entry of judgment took place on July 12,
2005.
 Soon after its finality, the original case was remanded to the LA for execution.
 Gonzales moved for the issuance of an alias writ of execution, he included several items as
components in computing the amount of his backwages. Acting on the motion, the LA issued an
execution order dated August 18, 2009, which stated that Gonzales was entitled to a total of
P965,014.15.
 The NLRC, on February 19, 2010 and resolution dated May 18, 2010, affirmed but modified the LA’s
execution order by increasing Gonzales’ entitlement to P2,805,698.04.
 On May 31, 2011, on a petition for certiorari under Rule 65, the CA set aside the NLRC’s decision
and reinstated the LA’s order, prompting Gonzales to come to the Court via a petition for review on
certiorari under Rule 45 of the Rules of Court.
 In Minute Resolutions, SC denied Gonzales’ Rule 45 petition and Gonzales moved for a second MR
asking for his case to be referred to the En Banc. At this point came the two motions now under
consideration.
For easier tracking and understanding, the developments in the original case and in the current
petition are chronologically arranged in the table below:
Oct 5, 1999 Solid Cement terminated Gonzales’ employment

Dec 12, 2000 The LA declared that Gonzales was illegally dismissed and ordered his
reinstatement
Jan 5, 2001 Gonzales filed a Motion for Execution of reinstatement aspect
Jan 22, 2001 Solid Cement reinstated Gonzales in the payroll
Mar 26, 2002 The NLRC modified the LA decision by reducing amount of damages awarded by
the LA but otherwise affirmed the judgment; (then appealed to the CA via 65)
Jun 28, 2004 The CA dismissed Solid Cement’s certiorari petition
Mar 9, 2005 The Court ultimately denied Solid Cement’s petition for review
Jul 12, 2005 The judgment became final and an entry of judgment was recorded
Jul 15, 2008 Gonzales was actually reinstated;
Aug 4, 2008 Gonzales filed with the LA a motion for the issuance of an alias writ of execution
(with computation of monetary benefits as of August 28, 2008 – the day before his
termination anew, allegedly due to redundancy, shall take effect)
Aug 18, 2009 The LA issued an Order directing the issuance of a writ of execution;
Feb 19, 2010 The NLRC rendered a decision affirming with modification the LA’s Order by
including certain monetary benefits in favor of Gonzales;
May 31, 2011 The CA reversed the NLRC and reinstated the LA’s Order;
Nov 16, 2011 The Court denied Gonzales’ petition for review, questioning the reinstatement of
the LA’s Order;
Feb 27, 2012 The Court denied Gonzales’ 1st motion for reconsideration;
Apr 12, 2012 Gonzales again moved for reconsideration and asked that his case be referred to
the En Banc.
Is a second motion for reconsideration allowed?

 As a rule, a second motion for reconsideration is a prohibited pleading under the Rules of Court.
(Rule 37, Section 5, par. 2) and this reason alone is sufficient basis for us to dismiss the present
second motion for reconsideration.
 The ruling in the original case, as affirmed by the SC on July 12, 2005, has been expressly declared
final. A definitive final judgment, however erroneous, is no longer subject to change or revision.
o A decision that has acquired finality becomes immutable and unalterable.
o This postulate holds true whether the modification is made by the court that rendered it or by
the highest court in the land. The orderly administration of justice requires that, at the risk of
occasional errors, the judgments/resolutions of a court must reach a point of finality set by the
law.
 The CA did not only legally err but even acted outside its jurisdiction when it issued its May 31, 2011
decision. Specifically, by deleting the awards properly granted by the NLRC and by reverting back to
the LA’s execution order, the CA effectively varied the final and executory judgment in the original
case, as modified on appeal and ultimately affirmed by the SC, and thereby acted outside its
jurisdiction.
 The CA’s actions outside its jurisdiction cannot produce legal effects and cannot likewise be
perpetuated by a simple reference to the principle of immutability of final judgment
o A void decision can never become final. "The only exceptions to the rule on the
immutability of final judgments are
1. the correction of clerical errors,
2. the so-called nunc pro tunc entries which cause no prejudice to any party, and
3. void judgments.
o For these reasons, the Court sees it legally appropriate to vacate the assailed Minute
Resolutions of November 16, 2011 and February 27, 2012, and to reconsider its ruling on the
current petition.

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Gonzales v. Solid Cement Corp.

(2012)– Rule 37: New Trial or Reconsideration

Oct 5, 1999 Solid Cement terminated Gonzales’ employment

Is a second motion for reconsideration allowed?

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