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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)...

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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).

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