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NLRC when the latter did not grant the petition to annul the December 12, 2012 Order;
and (c) in validating the manner by which the monetary award was converted from
Irish Pound to the Euro.[23]
For her part, Josefa points out in her Comment[24] that the Euro currency had already
replaced the Irish Pound in Ireland at the time the Decision in the illegal dismissal case
became final and executory. She considers this change in currency as a supervening
fact or event that authorized the Labor Arbiter to make modifications on the money
judgment even on execution.[25]
Replying, Sameer advances the notion that a modification of the judgment is indeed
allowed in exceptional circumstances but not where the modification is made in a writ
of execution.[26] It reiterates the elementary rule that a writ of execution must conform
to the dispositive portion of the decision, otherwise the execution is void if it is in
excess of and beyond the original judgment.[27]
Verily, the focal issue to be addressed in this case is whether or not the original
monetary award in the final Decision may, by the ensuing writ of execution, be legally
re-computed and translated from Irish Pound to the Euro. As this Court responds in the
affirmative, it hereby finds the subject writ of execution to be fully in order.
We preface the disquisition with the necessary dissection of the final judgment
rendered in the unlawful termination case between Sameer and Gutierrez.
Fundamental is the rule that the dispositive portion of a judgment, order or decision is
what determines and declares the rights and obligations of the parties to a dispute as
against each other. It is the dispositive portion that must be enforced to make for a
valid execution, and a judgment must be implemented according to its letter. Except in
well-recognized exceptions, a final judgment, order or decision may not be validly
altered, amended or modified even if it is meant to correct a perceptibly erroneous
conclusion of fact or law. This, because any insertion, change or addition to the
dispositive portion violates the rule on immutability of judgments.[28]
A case for illegal dismissal or unlawful termination - which is the underlying case in this
petition - is one that relates purely to the status of the parties. Hence, the decision or
ruling therein is essentially declaratory of the rights and obligations of the parties, and
the monetary award that flows from the declared status, such as payment of separation
pay and backwages, is but a necessary and legal consequence of the said declaration.
[29] A look at the dispositive portion of affirmative decisions rendered in illegal
dismissal cases tells that it is always comprised of two distinct parts: first is the
definitive finding of illegal dismissal and the incidental monetary awards sanctioned by
law in such case and, second, is the assessment and computation of what the first part
of the disposition has already established. The second part, being merely a
computation of what the first part of the decision has already pronounced, may, by its
nature, be re-computed.[30]
The Court takes notice that Ireland joined the European Union in January 1, 1973[31]
and, in January 1999, became one of the Euro Area member-states that began
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