normal_post - Are decisions of the Court Of Appeals considered laws? - Philippine Laws Author Topic: Are decisions of the Court Of Appeals considered laws?  (Read 4303 times)

MIKELIGALIG.com

  • FOUNDER
  • Webmaster
  • *****
  • avatar_1382_1499847132 - Are decisions of the Court Of Appeals considered laws? - Philippine Laws
  • Posts: 23211
  • medal1 - Are decisions of the Court Of Appeals considered laws? - Philippine Lawsmedal2 - Are decisions of the Court Of Appeals considered laws? - Philippine Lawsmedal3 - Are decisions of the Court Of Appeals considered laws? - Philippine Laws
  • NEED A WEBSITE? email me: info@mikeligalig.com
    • Share Post
clip - Are decisions of the Court Of Appeals considered laws? - Philippine Laws
Are decisions of the Court Of Appeals considered laws?
« on: October 07, 2018, 03:41:08 PM »
II.  1) Are decisions of the Court Of Appeals considered laws?

2) What are the binding effects of an obiter dictum and a dissenting opinion?

3) How can a decision of the Supreme Court be set aside? (1994 Bar Question) 

SUGGESTED ANSWERS:  1) a) No. but decisions of the Court of Appeals may serve as precedents for inferior courts on points of law not covered by any Supreme Court decision, and a ruling of the Court of Appeals may become a doctrine. (Miranda v. Imperial 77 Phil. 1066)...

275696698-Civil-Law-Final


Save the link https://tubagbohol.mikeligalig.com



Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=89785.0
Romans 10:9-10
"If you declare with your mouth, Jesus is Lord, and believe in your heart that God raised him from the dead, you will be saved. For it is with your heart that you believe and are justified, and it is with your mouth that you profess your faith and are saved."

Get FREE 500GB cloud storage:
https://www.pcloud.com/welcome-to-pcloud/?discountcode=fDiE7jtC01VPbCIygaM67jZV

MIKELIGALIG.com

  • FOUNDER
  • Webmaster
  • *****
  • avatar_1382_1499847132 - Are decisions of the Court Of Appeals considered laws? - Philippine Laws
  • Posts: 23211
  • medal1 - Are decisions of the Court Of Appeals considered laws? - Philippine Lawsmedal2 - Are decisions of the Court Of Appeals considered laws? - Philippine Lawsmedal3 - Are decisions of the Court Of Appeals considered laws? - Philippine Laws
  • NEED A WEBSITE? email me: info@mikeligalig.com
    • Share Post
xx - Are decisions of the Court Of Appeals considered laws? - Philippine Laws
Re: Are decisions of the Court Of Appeals considered laws?
« Reply #1 on: October 07, 2018, 03:44:49 PM »
b) No. Decisions of the Court of Appeals merely have persuasive, and therefore no mandatory effect. However, a conclusion or pronouncement which covers a point of law still undecided may still serve as judicial guide and it is possible that the same maybe raised to the status of doctrine, if after it has been subjected to test in the crucible of analysis, the Supreme Court should find that it has merits and qualities sufficient for its consideration as a rule of jurisprudence (Civil Code, Paras). 

2)  None. Obiter dictum and opinions are not necessary to the determination of a case. They are not binding and cannot have the force of official precedents. It is as if the Court were turning aside from the main topic of the case to collateral subjects: a dissenting opinion affirms or overrules a claim, right or obligation. It neither disposes nor awards anything it merely expresses the view of the dissenter. (Civil Code, Paras) 

3)  A decision of a division of the Supreme Court may be set aside by the Supreme Court sitting en banc, a Supreme Court decision may be set aside by a contrary ruling of the Supreme Court itself or by a corrective legislative act of Congress, although said laws cannot adversely affect those favored prior to the Supreme Court decision. (Civil Code, Paras).

Save the link https://tubagbohol.mikeligalig.com




Share via facebook Share via linkedin Share via pinterest Share via tumblr Share via twitter

xx
Redundant Laws in the Philippines

Started by MIKELIGALIG.com on Philippine Laws

5 Replies
925 Views
Last post March 13, 2012, 12:03:25 AM
by islander
 

Latest Topics

Fake IP Groups by MIKELIGALIG.com
[Today at 09:23:02 AM]


Maharlika Pilipinas Basketball League (MPBL) by MIKELIGALIG.com
[Today at 07:28:30 AM]


WW3 US vs Iran by balong
[Today at 12:04:41 AM]


Ecclesiastes by balong
[June 24, 2019, 10:59:46 PM]


103 yr. old woman runner by balong
[June 24, 2019, 04:38:23 AM]


Aboitiz on airport operations and maintenance by MIKELIGALIG.com
[June 21, 2019, 07:40:16 AM]


Common Cell Tower Sites by MIKELIGALIG.com
[June 21, 2019, 07:38:02 AM]


10th Year Since Michael Jackson Died by MIKELIGALIG.com
[June 20, 2019, 03:03:36 PM]


Jake Cuenca and Kylie Versoza by balong
[June 18, 2019, 02:24:20 AM]


Lebron plus Davis by balong
[June 18, 2019, 01:20:59 AM]

SMF spam blocked by CleanTalk
Powered by SMFPacks SEO Pro Mod | Sitemap
Mobile View
SimplePortal 2.3.7 © 2008-2019, SimplePortal