Art.
8 – Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines.
CASE ANTECEDENT FACTS
NEGROS o private respondent Ramon Miranda purchased from the Negros
NAVIGATION CO., Navigation Co., Inc. four special cabin tickets
INC. VS. CA o M/V Don Juan collided off the Tablas Strait in Mindoro, with the
G.R. 110398 M/T Tacloban City
o the four members of private respondents' families were never
found
o Ramon filed a complaint seeking for damages
o In finding petitioner guilty of negligence, the trial court and the
appellate court relied on the findings of this Court in Mecenas
v. Intermediate Appellate Court
o Petitioner criticizes the lower court's reliance on
the Mecenas case, arguing that the parties are different and trial
was conducted separately. Petitioner contends that the decision
in this case should be based on the allegations and defenses
pleaded and evidence adduced in it or, in short, on the record of
this case.
o Assuming that the Mecenas case applies, private respondents
should be allowed to claim only P43,857.14 each as moral
damages because in the Mecenas case, the amount of
P307,500.00 was awarded to the seven children of the Mecenas
couple.
APPLICATION OF LAW
o Adherence to the Mecenas case is dictated by this Court's policy of
maintaining stability in jurisprudence in accordance with the legal
maxim "stare decisis et non quieta movere"
o Substantially similar cases to the pending case were presented and applicable
principles declared in prior decisions, the court was bound by the principle
of stare decisis.
 The crew of the Don Juan was equally negligent as it found that the
latter's master, Capt. Rogelio Santisteban, was playing mahjong at
the time of collision; M/V Don Juan failed to take steps to prevent
the collision or at least delay the sinking of the ship and supervise
the abandoning of the ship; failed to keep the M/V Don
Juan seaworthy so much so that the ship sank within 10 to 15
minutes of its impact; Court found that the Don Juan was overloaded
 In Mecenas, this Court found petitioner guilty of negligence in (1)
allowing or tolerating the ship captain and crew members in playing
mahjong during the voyage, (2) in failing to maintain the vessel
seaworthy and (3) in allowing the ship to carry more passengers
than it was allowed to carry.
o Stare decisis does not apply in view of differences in the personal
circumstances of the victims. The doctrine of stare decisis works as a bar
only against issues litigated in a previous case
 The gross earnings which Mrs. Miranda could reasonably be
expected to earn were it not for her untimely death was, therefore,
correctly computed by the trial court to be P218,077.92 (given a
gross annual income of P10,224.00 and life expectancy of 21.33
years).
 The Mecenas case cannot be made the basis for determining the
award for attorney's fees. The award would naturally vary or differ
in each case.
UMALI VS. THE o In Chavez v. Judicial and Bar Council, the practice of having two
JUDICIAL BAR representatives from both houses of Congress with one vote each
COUNCIL in the JBC, thus, increasing its membership from seven to eight,
G.R. 228628 was challenged
o Both Houses of Congress agreed on a six-month rotational
representation in the JBC, wherein the House of Representatives
will represent Congress from January to June and the Senate
from July to December
o It is by reason of this arrangement that the votes cast by the
petitioner for the selection of nominees for the vacancies were
not counted by the JBC
o Congress, represented by OSG, wants the Court to revisit Chavez.
OSG believes that it is only proper for both Houses of Congress to
be given equal representation in the JBC.
o Chavez's strict interpretation of Section 8(1), Article VIII of the
1987 Constitution violates the very essence of bicameralism.
FULGENCIO VS. o Raycor Aircontrol Systems, Inc. served the petitioners with
NATIONAL LABOR uniformly worded notices of termination of employment.
RELATIONS o Petitioners joined other employees in filing three separate cases
COMMISSION of illegal dismissal against the private respondent.
G.R. 141600 o Private respondent filed a petition for certiotari, assailing the
decision with the SC.
 ORDERED: the reinstatement of private respondents as
regular employees of petitioner, without loss of seniority
rights and privileges and with payment of backwages from
the day they were dismissed up to the time they are actually
reinstated. No costs.
 Judgement of the Court became final and executory
o The supporting arguments of petitioners still boil down to the proper
interpretation of Section 8(1), Article VIII of the 1987 Constitution. Hence,
being mere rehash of the arguments in Chavez, the application of the
doctrine of stare decisis in this case is inevitable.
"stare decisis et non quieta movere"
 The doctrine is based on the principle that once a question of law bas
been examined and decided, it should be deemed settled and closed to
further argument.
 A conclusion reached in one case should be applied to those that follow if
the facts are substantially the same, even though the parties may be
different.
 Grounded on the necessity for securing certainty and stability of judicial
decisions
o Court will not overthrow Chavez for it is in accord with the constitutional
mandate of giving Congress "a representative" in the JBC
 "Congress" must be taken to mean the entire legislative department
 Constitution was to treat each ex officio member as representing one
co-equal branch of government having equal say in the choice of
judicial nominees. To allow the legislature to have more than one
representative in the JBC would negate the principle of equality
among these three branches.
"law of the case"
 defined as "a term applied to an established rule that when an appellate
court passes on a question and remands the case to the lower court for
further proceedings, the question there settled becomes the law of the
case upon subsequent appeal."
 the Court’s decision in G.R. No. 114290, which directed the payment of
the petitioners’ backwages from the time they were dismissed up to the
time they are actually reinstated, has become the "law of the case"
 by computing the backwages of the petitioners up to July 13, 1992 only,
the NLRC modified the already final and executory decision of the
Supreme Court.
 o private respondent appealed the January 27, 1998 Order of the
Labor Arbiter to the NLRC
 The computation of backwages stopped on July 13, 1992,
when the return-to-work [order] was made by the
respondent but was refused by the complainants
 the NLRC can no longer modify the ruling of the Court on the matter.
Judgment of courts should attain finality at some point in time, as in this
case, otherwise, there would be no end to litigation.

AYALA CORP. VS. o Petitioner, Ayala Corporation, was the registered owner of a CA
ROSA-DIANA parcel of land located in Alfaro Street, Salcedo Village, Makati  Ayala is barred from enforcing the deed restrictions in dispute.
REALTY City  its decision under the doctrine of stare decisis in Ayala Corporation vs.
G.R. 134284 o Ayala sold the lot to Manuel Sy & Sy Ka Kieng Ray Burton Development Corporation, a case similar to the present case
o The buyers Sy and Kieng failed to construct the building in
violation of the Special Conditions of Sale, but were still able to Ayala
sell the lot to respondent Rosa-Diana Realty and Development  Court of Appeals erred in dismissing Ayala’s appeal based on
Corporation with Ayala’s approval and with the same special its decision on Ayala vs. Ra y Burton Development Corporation under the
conditions and restrictions. doctrine of stare decisis.
o Rosa Diana executed an Undertaking promising to abide by the
special conditions of sale executed by Ayala with the original Obiter Dicta
buyers.
o Rosa-Diana submitted to Ayala for approval envisioned a 24-  the pronouncement of the Court of Appeals in C.A. G.R. S.P. No. 29157
meter high, seven-(7) storey condominium project, complying that it is estopped from enforcing the deed restrictions is merely obiter
with deed restrictions. However, it submitted a different set dicta inasmuch as the only issue raised in the aforesaid case was the
of building plan of “The Peak” to the building official of Makati propriety of a lis pendens annotation on Rosa-Diana’s certificate of title.
that contemplated a 91.65-meter high, 38-storey condominium  Mere dicta are not binding under the doctrine of stare decisis
building.  The appellate court went beyond the sole issue and made factual findings
o Ayala prayed for rescission of the sale of the subject lot, denied. bereft of any basis in the record to inappropriately rule that AYALA is in
o Ayala tried to cause the annotation of a notice of lis pendens on estoppel and has waived its right to enforce the subject restrictions.
Rosa-Diana’s title
 Register of Deeds of Makati: refused registration of the
notice of lis pendens -being an action for specific
performance and/or rescission, is an action in personal,
which does not involve the title, use or possession of the
property.
 The Land Registration Authority (LRA): reversed the ruling -
may be classified as a proceeding of any kind in court directly
affecting title to the land or the use or occupation thereof for
which a notice of lis pendens may be held proper.
 CA: overturned LRA decision
DEE VS. HARVEST o Harvest All Investment Limited is a minority stockholders of
ALL INVESTMENT Alliance Select Foods International, Inc. (Alliance)
LTD o As per Alliance's by-laws, its Annual Stockholders' Meeting
G.R. 224834 (ASM) is held every June 15
o Board Resolution indefinitely postponing Alliance's 2015 ASM
pending complete subscription to its Stock Rights Offering (SRO)
o such postponement was made "to give the stockholders of
[Alliance] better representation in the annual meeting”
o This prompted Harvest All, et al. to file the instant Complaint
involving an intra-corporate controversy against Alliance, and its
other Board members.
o Harvest All, et al. principally claimed that the subscription to the
new shares through the SRO cannot be made a condition
precedent to the exercise by the current stockholders of their
right to vote in the 2015 ASM – they will be deprived of their full
voting rights proportionate to their existing shareholdings
o RTC dismissed the complaint due to failure to pay correct filing
fees
o CA – reversed RTC’s orders, relied in the case of Lu, held that the
complaint was capable of pecuniary estimation.
Lu
 it seemed that "an intra-corporate controversy always involves a
property in litigation" and that "there can be no case of intra-corporate
controversy where the value of the subject matter cannot be estimated.”
 An obiter dictum
 Clearly non-determinative of the antecedents involved in that case and,
hence, cannot be controlling jurisprudence to bind our courts when it
adjudicates similar cases upon the principle of stare decisis.
obiter dictum
 a remark made, or opinion expressed, by a judge, in his decision upon a
cause by the way, that is, incidentally or collaterally, and not directly
upon the question before him, or upon a point not necessarily involved
in the determination of the cause, or introduced by way of illustration, or
analogy or argument.
o having classified Harvest All, et al.'s action as one incapable of pecuniary
estimation, the Court finds that Harvest All, et al. should be made to pay the
appropriate docket fees in accordance with the applicable fees provided
under Section 7 (b) (3) of Rule 141 [fees for all other actions not involving
property] of the Revised Rules of Court.
 Art. 9 – No judge or court shall decline to render judgement by reason of silence, obscurity, or insufficiency of the laws.
CASE ANTECEDENT FACTS
PEOPLE VS. o Henry Lagarto y Petilla and Ernesto
VENERACION Cordero y Maristela were all found guilty
G.R. 119987 beyond reasonable doubt of Rape with
Homicide of the seven-year old girl Angel
Laquiza y Lagman
o Sentenced with reclusion perpetua
o Prosecutor filed filed a Motion for
Reconsideration, praying that the Decision
be "modified in that the penalty of death be
imposed"
APPLICATION OF LAWS
o Section 11 of R.A. No. 7659 provides:
Sec. 11. Article 335 of the same Code is hereby amended to read as follows:
When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be
death. . . .
o that a court of law is no place for a protracted debate on the morality or propriety of the sentence,
where the law itself provides for the sentence of death as a penalty in specific and well-defined
instances (concept o dura lex sed lex)
o This is a case in which a judge, fully aware of the appropriate provisions of the law, refuses to
impose a penalty to which he disagrees. In so doing, respondent judge acted without or in excess
of his jurisdiction or with grave abuse of discretion amounting to a lack of jurisdiction in imposing
the penalty of Reclusion Perpetua where the law clearly imposes the penalty of Death.
 “Interpret not by the letter that killeth but by the spirit that giveth life”
CASE ANTECEDENT FACT
URSUA VS. CA o Cesario Ursua was to be investigated regarding his
G.R. 112170 involvement in the illegal cutting of mahogany trees and
hauling of illegally-cut logs in the area
o Atty. Francis Palmones, petitioner’s counsel, requested
that he be furnished copy of the complaint against
petitioner
o He asked his client Ursua to take his letter-request to the
Office of the Ombudsman because his law firm's
messenger, Oscar Perez, had to attend to some personal
matters
o Perez advised him not to worry as he could just sign his
(Perez) name if ever he would be required to
acknowledge receipt of the complaint
o When Loida learned that the person who introduced
himself as "Oscar Perez" was actually petitioner Cesario
Ursua, Loida reported the matter to the Deputy
Ombudsman who recommended that petitioner be
accordingly charged.
o found him guilty of violating Sec. 1 of C.A. No. 142 as
amended by R.A. No. 6085
APPLICATION OF CONCEPT
o C.A. No. 142, which was approved on 7 November 1936, and before its
amendment by R.A. No. 6085, is entitled An Act to Regulate the Use of Aliases.
o The objective and purpose of C.A. No. 142 have their origin and basis in Act
No. 3883, An Act to Regulate the Use in Business Transactions of Names other
than True Names, Prescribing the Duties of the Director of the Bureau of
Commerce and Industry in its Enforcement, Providing Penalties for Violations
thereof
Sec. 1. It shall be unlawful for any person to use or sign, on any written or
printed receipt including receipt for tax or business or any written or
printed contract not verified by a notary public or on any written or
printed evidence of any agreement or business transactions, any…
o He did so while merely serving the request of his lawyer to obtain a copy of
the complaint in which petitioner was a respondent. There is no question then
that "Oscar Perez" is not an alias name of petitioner.
o While the act of petitioner may be covered by other provisions of law, such
does not constitute an offense within the concept of C.A. No. 142 as amended
under which he is prosecuted
o Moreover, as C.A. No. 142 is a penal statute, it should be construed strictly
against the State and in favor of the accused.