Art 142 – Power of Supreme Court to review its Own Judgment

Art 142 – Power of Supreme Court to review its Own Judgment

INTRODUCTION

Art. 142. The Supreme Court may review its own judgment in an original action, and also in a proceeding to set aside an act or decision of the Court.

In an original action to review the Supreme Court’s own judgment, the court must find that the judgment is manifestly erroneous. In a proceeding to set aside an act or decision of the Court, such as when there is a motion for reconsideration or new trial, this requirement is not met until after notice of appeal.

Art 142 – Power of Supreme Court to review its Own Judgment

The Supreme Court may review its own judgment in an original action, and also in a proceeding to set aside an act or decision of the Court.

In an original action to review the Supreme Court’s own judgment, the court must find that the judgment is manifestly erroneous. In a proceeding to set aside an act or decision of the Court, such as when there is a motion for reconsideration or new trial, this requirement is not met until after notice of appeal.

However, when reviewing its own judgment in an original action, the court must consider whether it was correct and whether any errors can be corrected by a proper showing on appeal.

The Court’s power to review its own judgment extends only to questions of law and does not extend to matters relating to procedure or fact.

CONCLUSION

In conclusion, Art. 142 of the Supreme Court provides that “the Supreme Court may review its own judgment in an original action and also in a proceeding to set aside an act or decision of the Court.” The last part of this article is most important because it specifies that this right can only be exercised after the notice of appeal has been filed.