"xxx
The Court finds no cause to disturb the decision of the CA promulgated on May 27, 1998; and cannot undo the decision upon the grounds cited by the petitioners, especially as the decision had long become final and executory.
A decision that has acquired finality becomes immutable and unalterable and may no longer be modified in any respect even if the modification is intended to correct erroneous conclusions of fact or law and whether it will be made by the court that rendered it or by the highest court of the land.[26] This doctrine of finality and immutability of judgments is grounded on fundamental considerations of public policy and sound practice to the effect that, at the risk of occasional error, the judgments of the courts must become final at some definite date set by law.[27] The reason is that litigations must end and terminate sometime and somewhere; and it is essential for the effective and efficient administration of justice that once a judgment has become final the winning party should not be deprived of the fruits of the verdict.
Given this doctrine, courts must guard against any scheme calculated to bring about that result, and must frown upon any attempt to prolong controversies. The only exceptions to the general rule are: (a) the correction of clerical errors; (b) the so-called nunc pro tunc entries that cause no prejudice to any party; (c) void judgments; and (d) whenever circumstances transpire after the finality of the judgments rendering execution unjust and inequitable.[28] None of the exceptions obtains here.
Ramos v. Court of Appeals,[29] which the petitioners cited to buttress their plea for the grant of their motion to recall entry of judgment, is not pertinent. There, the Court allowed a clarification through a nunc pro tuncamendment of what was actually affirmed through the assailed judgment “as a logical follow through of the express or intended operational terms” of the judgment.
In this regard, we stress that a judgment nunc pro tunc has been defined and characterized thuswise:
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. (Wilmerding vs. Corbin Banking Co., 28 South., 640, 641; 126 Ala.
Based on such definition and characterization, the petitioners’ situation did not fall within the scope of a nunc pro tunc amendment, considering that what they were seeking was not mere clarification, but the complete reversalin their favor of the final judgment and the reinstatement of the DARAB decision.
