Legres Terms with Jurisprudence

1. Stare Decisis to stand by decisions

The doctrine of stare decisis et non quieta movere (to adhere to precedents and not
to unsettle things which are established) is embodied in Article 8 of the Civil Code of
the Philippines which provides, thus:
ART. 8. Judicial decisions applying or interpreting the laws or the Constitution shall
form a part of the legal system of the Philippines. (Philippine Guardians Brotherhood,
Inc. v. COMELEC, GR No. 190529)

2. Ratio Decidendi the reason for the decision

The ratio decidendi on which the foregoing conclusion of the Court of Appeals is
predicated is contained in the following portion of its decision: xxx (Gorospe v
Penaflorida, GR No. L-11583)

3. Obiter dictum said in passing

An obiter dictum is an opinion "uttered by the way, not upon the point or question
pending, as if turning aside from the main topic of the case to collateral subjects"
(Newmanvs. Kay, 49 S.E. 926, 931, 57 W. Va. 98, 68 L.R.A. 908, 4 Ann. Cas. 39 citing
United States ex rel. Johnston vs.Clark County Court, 96 U.S. 211, 24 Ed. 628), or the
opinion of the court upon any point or principle which it is not required to decide (29
Words & Phrases 15), or an opinion of the court which does not embody its
determination and is made without argument or full consideration of the point, and is
not professed deliberate determinations of the judge himself (29 Words & Phrases
13.). (People v. Macadaeg, GR No. L-4316)

4. Per curiam decision decision in which the judges sign their name
anonymously
Section 14. Per curiam decisions. Unless otherwise requested by the Member
assigned to write the opinion of the Court, the decision or resolution shall be
rendered per curiam
(a) where the penalty imposed is dismissal from service, disbarment, or indefinite
suspension in administrative cases; or
(b) in any other case by agreement of the majority of the Members or upon request
of a Member. (The Internal Rules of the Supreme Court, Rule 2: Operating Structures,
AM No. 10-4-20-SC)

5. Pacta sunt servanta agreements must be kept (refers to nations)

The time-honored principle of pacta sunt servanda demands that the Philippines
honor its obligations under the Extradition Treaty it entered into with the Hong Kong
Special Administrative Region. Failure to comply with these obligations is a setback in
our foreign relations and defeats the purpose of extradition. (Government of Hong
Kong Special Administrative Region represented by Phil DOJ v. Hon. Olalia, GR No.
153675)

6. Res judicata matter that has already been decided

The doctrine of res judicata, in fact is founded on the public policy that it is the
interest of the State that there should be an end to litigation and that a party should
not be vexed twice for the same cause (LINZAG vs. CA, Ibid). (Taganas and Tabal v.
Hon. Emuslan and Standard Insurance Co.)

7. Law of the Case

Suffice it to say that our ruling in Case L-13027, rendered on the first appeal, constitutes the
law of the case, and, even if erroneous, it may no longer be disturbed or modified since it
has become final long ago. A subsequent reinterpretation of the law may be applied to new
cases but certainly not to an old one finally and conclusively determined (People vs. Pinuila,
G.R. No. L-11374, May 30, 1958; 55 O.G. 4228).
As a general rule a decision on a prior appeal of the same case is held to be the law of the
case whether that decision is right or wrong, the remedy of the party being to seek a
rehearing (5 C.J.S. 1277). (also cited in Pinuila case)
(Both cited in People v Olarte, GR No. L-22465)