Immutability of judgment not applicable to void judgment

In Gomez v. Concepcion,[5] the Supreme Court explained the nature and the effects of void judgments, thus:
A void judgment is in legal effect no judgment. B[y] it no rights are divested. From it no rights can be obtained. Being worthless in itself, all proceedings founded upon, it [is] equally worthless. It neither binds nor bars any one. All acts performed under it and all claims flowing out of it are void.[6]
A void judgment never acquires the status of a final and executory judgment.[7] Parties may, therefore, challenge them without running afoul of the doctrine of immutability of judgment. A direct attack may be brought either through a petition for annulment of judgment under Rule 47 of the Rules of Court or through a petition for certiorari under Rule 65 of the Rules of Court.[8] A void judgment may also be challenged collaterally "by assailing its validity in another action where it is invoked."[9]
In Gonzales v. Solid Cement Corporation,[10] the High Court held that a judgment or order that was issued in excess of jurisdiction has no legal effect and "cannot likewise be perpetuated by a simple reference to the principle of immutability of final judgment."[11]
[1] Go v. Echavez, 765 Phil. 410,424 (2015) [Per J. Brion, Second Division].
[2] Id.
[3] Imperial v. Armes, 178842, January 30, 2017 <http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2017/january2017/178842.pdf> 11 [Per J. Jardeleza, Third Division].
[4] Id. citing Yu v. Judge Reyes-Carpio, 667 Phil. 474 (2011) [Per J. Velasco, Jr., First Division].
[5] 47 Phil. 717 (1925) [Per J. Ostrand, Second Division].
[6] Id. at 722.
[7] Nazareno v. Court of Appeals, 428 Phil. 32,41-42 (2002) [Per J. De Leon, Jr., Second Division).
[8] Imperial v. Armes, 178842, January 30, 2017 <http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2017/january2017/178842.pdf> 12 [Per J. Jardeleza, Third Division].
[9] Estoesta v. Court of Appeals, 258-A Phil. 779, 790 (1989) [Per J. Paras, Second Division].
[10] 697 Phil. 619 (2012) [Per J. Brion, En Banc].
[11] Id. at 629-630.