Beryl P.

Abucejo

1. What is an obiter dictum?

An obiter dictum has been defined as an opinion expressed by a court upon some
question of law which is not necessary to the decision of the case before it. It 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”. It is a remark made, or opinion expressed, by a judge, in his decision
upon a cause “by the way” that is incidentally, 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. An obiter dictum is not binding as a precedent.

2. Is stare decisis absolute? Explain your answer.

The rule of stare decisis is not absolute. It is not inflexible, so that when in the light of
changing conditions, or when a rule has ceased to be beneficial to the society, courts may depart
from it. The principle of stare decisis does not mean blind adherence to precedents. The doctrine
or rule laid down, which has been followed for years, no matter how sound it may be, if found to
be contrary to law, must be abandoned. The principle of stare decisis does not and should not
apply when there is conflict between the precedent and the law. The duty of the court is to forsake
and abandon any doctrine or rule found to be in violation of law in force.

3. Can a stare decisis be overturned? If no, why? If yes, how?

Yes. The stare decisis can be overturned. The doctrine of Stare Decisis gives stability to
the courts and fills the gaps of the law to adapt to changing times. In cases wherein there is a
conflict between the precedent and the law, the court must forsake and abandon any doctrine or
rule found to be in violation of law in force. Also, only the SC itself can change or abandon a
precedent enunciated by it; it cannot be done by inferior court, nor even by a legislature except
when the latter amends or repeals the law itself. Hence, the two ways to overturn the stare decisis
are: (1) by a new law; and (2) by another stare decisis.