The document expresses concern over a recent Supreme Court case that overturned a final judgment, abandoning the principle of immutability of judgments. This opens the floodgates for "zombie cases" and threatens the stability of the judicial system by undermining the finality of court rulings. The document urges the Supreme Court not to abandon long-standing legal doctrines that uphold the stability of the legal system and to restore confidence in the courts. It was signed by over 50 lawyers, law students, and community members.

1. STATEMENT OF CONCERN
We believe that a stable judicial system is the cornerstone of a was simply to be implemented as a ministerial duty. Through
healthy economic and business environment. Local and foreign a mere letter to the then Chief Justice Renato C. Corona, and a prohibited
investors will be encouraged to invest in a place where they are assured third motion for reconsideration filed without leave of court, Keppel Cebu
Shipyard, Inc. succeeded in lifting the entry of judgment and
that courts will function normally, will observe the rule of law, and will level
the playing field for everyone. having a dead case resurrected. On September 18, 2012, the Court
en banc surprisingly reviewed the case anew and went on to modify its
We believe that underlying a stable judicial system is respect for own final and executory judgment, without adequately explaining why
the finality and immutability of judgments, which tells us that, at it reopened a case that involved no constitutional issues, no public
the risk of occasional errors, litigation must come to an end some policy considerations, no questions of life or death, no legal questions
time and the winning party must be allowed to enjoy the fruits of of first impression.
his victory.
We are alarmed beyond words. The case of Pioneer Insurance and
We have been bothered in the past by high-profile incidents of flip- Surety Corporation vs. Keppel Cebu Shipyard, Inc. transcends the private
flopping by the highest court of the land. The Cityhood and PALEA commercial interests of the parties as it involves the abandonment of
cases are notable examples of this disturbing phenomenon. But nothing sacrosanct legal doctrines that are the strength of any legal system.
has shocked our sensibilities more than the recent case between The case has opened the floodgate for zombie cases. From now on, no
Pioneer Insurance and Surety Corporation and Keppel Cebu final judgment will ever remain final. Immutability of judgments will
Shipyard, Inc. become a fiction of law. The entire judicial system will fall into
disrepute.
In this case, a judgment had been rendered by a division of the Supreme
Court in favor of Pioneer Insurance and Surety Corporation. Under We respectfully appeal to the Supreme Court NOT TO ABANDON
the Constitution, a judgment rendered by a Division of the Court the sacred and time honoured principle of immutability of
is considered a judgment of the entire Supreme Court. Entry of judgments but to continue applying it and thereby restore and
judgment had been made, and the final and executory decision preserve the stability of our judicial system.
Roland B. Inting Amado D. Valdez Bernardito A. Florido Jose Rizalino L. Ortega Paulino R. Ersando Vicente C. Andiano
IBP Exec. Director for Administration Chairman, Phil. Asso. of Law Schools, Past President, IBP Cebu City Chapter President-IBP ZAMSULTA Chapter, Frmr Chapter Pres & Reg Gov (WM) President, IBP –
Dean U.E. College of Law IBP Governor, Eastern Visayas,1981-83 Regional Counsel/DBP-RMC IBP, Zambasulta Chapter North Cotabato Chapter
Jose P. Icaonapo, Jr. Jaime M. Vibar Democrito Barcenas Joseph A. Tanco Ancheta K. Tan Francis E. Palmones, Jr.
Former IBP Governor GMR Former IBP Nat’l Secretary Past President, IBP Cebu City Chapter Past Board Member, Practicing Lawyer Lawyer, Former RTC Judge,
and Executive Director IBP Cebu Province 1992-1996 Kidapawan City
Marie Fe V. Galvez-Garcia Noel de Jesus B. Santiano Romualdo A. Din, Jr. Pedro D. Genato Fred Riveda Perito Eleazar S. Calasan
Former President, IBP Manila I Chapter Former President, IBP Mla. III Chapter Legal Aid Counsel, IBP Manila I Former IBP Director, Manila III Past Chapter President and
Former President, IBP Manila I Chapter
Incumbent Secretary Chapter III,
(frmr Dir)
Manila
Caesar A.M. Tabotabo Alvin Butch E. Canares Atty. Renato Q. Bello Danilo R. Go Myrna Valderrama-Limbaga Irineo F. Llorin, Jr.
Tabotabo & Asso., Cebu City Tanco & Partners, Cebu City MABGS Law Firm, Pasig City Go & Bernalez Law Offices, Tanco & Partners, Cebu City Partner - Vibar, Llorin,
Mandaue City Duran & Associates
Richard S. Flores Samuel Ramil Dinoy Danilo B. Yap Dioscoro P. Timtiman, Jr. Earl M. Bonachita Rogel R. Atienza
Dep. Sec. General, PTLA Chief/Legal Staff – Dept. of Agriculture Reg 7 Roll No. 38808 IBP – Mla. I IBP Cebu City Practicing Lawyer
Marco Rodel G. Aclan Dionesio T. Alave, Jr. Lendl Floyd B. Montes Ismael M. Guro Napoles, Noreen M. Oscar D. Bayog
Practicing Lawyer, IBP Law Practitioner, Zerrudo Law Office Alocelja, Rodrigo & Montes Law Offices Guro Law Offices PAO – Kidapawan City PA II Law Practitioner, Kidapawan City
– Batangas Chapter
Abdul Hafiz I. Atal, Jr. Roy P. Acelan Romegildo B. Alocelja, Jr. Atty. Ester Viejo Oranlando M. Daño Joseph Jey L. Palomar
IBP North Cotabato, PIO IBP North Cotabato, Law Practitioner PP/BOD, IBP North Cotabato PAO – Kidapawan City PAO – Kidapawan City PA-II - PAO – Kidapawan City
/Law Practitioner
Nicholas Marasigan Emma F. Andiano Ray Z. Bongabong Medilyn P. Midel Jocelyn S. Alcos Jaime G. Balmas
Law Practitioner Law Practitioner IBP Sec. Zambasulta IBP Zambasulta Chapter Ersando Law Office Practicing Lawyer, IBP Mla. 2
Sec. Gen. – ALA-EH
Ildefonso C. Puerto Rex G. Rico Edgar A. Pacis Ma. Victoria P. Lim-Florido Rev. Pablo G. Palis Kirin P. Lim II
Legal Guide, IBP Manila I Chapter Makati City Practicing Lawyer, IBP Makati Chapter Lawyer Zamboanga Minister Fellowship Practicing Lawyer, IBP – PPLM
Dr. Leonardo Romano Enrico Remitio Theodore Joseph A. Campañano Ma. Olivia C. Valera Rolando D. Panes, Jr. Herbert C. Davis
Bishop, Door of Faith Remitio Law Office Lawyer Lawyer Lawyer Lawyer
Church in the Phils.
The individuals listed below have also signed this statement of concern:
Aldrin B. Abdurahim Robert N. Basco Rogen Khan Ibañez Ramil Paras Jamet P. Paster
President, Law Student’s Assn – WMSU President, Yovah Sol: Clarity for Peace Western Mindanao State University Student, WMSU LLB-IV College Instructor, WMSU Z.C.
Espee D. Gonzales Gilbert P. Manuel John Gualbert M. Caces Butch Pareja Eduardo Hermosa
Zion Evangelical School Zamboanga City Zion Evangelical School LLB IV – WMSU Elder, Zion Evangelical Fellowship
Zenaida L. Manalo Ekeena O. Lim, R.N. Jonas Delgado Criseline Barnedo Esther Hermosa
Zion Evangelical School Western Mindanao State University WMSU LLB-III ADZU – YSP Frmr Principal, Zion Evangelical School
Hazel A. Bernardo Romel G. Torres Verly Tabangcura Arwald Candido Pedro L. Damo
Zion Evangelical School Gov’t Employee, WMSU LLB-II WMSU LLB-III ADZU – YSP Insurance Agent, Zamboanga City
Lorena Villa-Dayapdapan Wenceslina R. Mannel Anne Claire Molina Susan M. Ersando Ollen Shey T. Porras
Ayala National High School Zion Evangelical School WMSU BOT Member, Zion Evangelical School Teacher, Zion Evangelical School
Christine O. Gumba John Arries C. Lim Alsabar Agga Ptr. Eliseo Bayhon Melanie C. Pecson
Zion Evangelical School Western Mindanao State University WMSU BOT Member ZMF, Z.C. Former Teacher, Zion
Jowel F. Bernardo Marie Jada L. Dolloso Joseph Anastacio Pura P. Bayhon Rosalinita E. Balbuena
Zion School Bureau of Fire Protection, WMSU LLB-I Zion Evangelical School DOF Missionary Member ZMF, Z.C. Registrar, Zion Evangelical School
Mylene S. Deslate Ulysses L. Tolentino, R.N. Antolin Bongcarmel Ptr. Augusto S. Domingo Alfredo T. Balbuena
Principal - Zion Evangelical School Western Mindanao State University Western Mindanao State University LLB-III Vice Pres. ZMF, Retired Govt. Employee VP/Treasurer, Zion Evangelical School