RULE
11
JUDGMENTS,
FINAL
ORDERS AND ENTRY THEREOF
Section 1.
Rendition of judgments and final orders. A judgment
or final
order determining the merits of the case shall be in writing, stating
clearly
and distinctly the facts and the law on which it is based, signed by
the
Director, and filed with the appropriate Register of the Office.
It is the filing
of the decision, judgment or final order with the Register, not the
signing
thereof, that constitutes rendition or promulgation.
Section
2.
Entry of judgments and final orders. If no appeal or
motion
for reconsideration is filed within the time provided in these
Regulations,
the Director shall forthwith cause the entry of the judgment or final
order
in the appropriate Register of the Office. The date of finality
of
the judgment or final order shall be deemed to be the date of its
entry.
The record shall contain the dispositive part of the judgment or final
order and shall be signed by the Director, with a certificate that such
judgment or final order has become final and executory.
If no appeal or motion
for reconsideration has been filed on time, the judgment or final order
rendered by the Director or the Director General, as the case may be,
becomes
final and executory, and should immediately be caused to be entered by
the Director. To ensure this action the prevailing party should
file
a motion for the entry [and execution, if proper] of the
judgment.
The date of entry is the starting point of the six months period for
filing
a petition of relief, as well as the five years period of prescription
of judgments.
This rule corrects
the erroneous practice of entering the judgment or final order long
after
it had become final and executory. Even if the physical act of
entering
the judgment or final order is done after it had become final and
executory,
the date when it became final and executory shall be deemed the date of
its entry.
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