G. Judicial Decisions

7. Judicial Decisions

a. Stare Decisis i. Kinds of Stare Decisis ii. Prospective Application of Doctrines; Exception

G. Judicial Decision (Civil Code, art. 8)

> Article 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. (n)

Judicial decisions applying or interpreting the law or the Constitution shall form a part of the legal system of the Philippines. (NCC, Art. 8) (1994 BAR)

Judicial decisions are evidence of what the laws mean.

The judicial decisions form part of the law of the land as of the date of the enactment of said law. The Supreme Court’s interpretation merely establishes the contemporaneous legislative intent that the construed law purports to carry into effect. However, the decisions referred to in Art. 8 of the NCC are only those enunciated by the SC. The decisions of subordinate courts are only persuasive in nature, and can have no mandatory effect. (Rabuya, 2009)

When a doctrine is overruled and a different view is adopted, the new doctrine should be applied prospectively and should not prejudice parties who relied on the old doctrine.

Doctrine of Stare Decisis

It is adherence to judicial precedents. Once a question of law has been examined and decided, it should be deemed settled and closed to further argument. However, when in the light of changing conditions, a rule has ceased to be beneficial to the society, courts may depart from it.

Necessity of proving customs

GR: A custom must be proved as a fact, according to the rules of evidence. (NCC, Art. 12)

XPN: A court may dispense with proof only if the custom independently qualifies for judicial notice under Rule 129, Sec. 2 of the Revised Rules on Evidence. A prior decision of the same court recognizing the custom does not, by itself, dispense with proof.

Obiter Dictum

An opinion expressed by a court upon some question of law which is not necessary to the decision of the case before it. Such are not binding as precedent. (Rabuya, 2009)

Non-retroactivity of laws vis-à-vis judicial decisions

Judicial interpretations generally state what the law has meant since its enactment. When a doctrine of the Supreme Court is overruled and a different view is adopted, the new doctrine should be applied prospectively and should not apply to parties who had relied on the old doctrine and acted on the faith thereon. (Rabuya, 2009)

Lex prospicit, non respicit

The maxim means, “the law looks forward not backward”. A law may be given retroactive effect when permitted by law, subject to constitutional limits, including the protection of vested rights and the prohibition against laws impairing contractual obligations. (Chavez v. PEA, G.R. No. 133250, May 6, 2003)

Retroactivity clause of the Family Code (2005, 2010 BAR)

The Family Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws. (FC, Art. 256)