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Issue(s) Is a decision of the court in an ejectment suit binding even on a person who is not a party to the case? Why or why not? Explain. Conclusion No, court decisions in an ejectment suit are not binding on a person who is not a party to the case. Decisions of the court are only applicable to those who are considered as parties to the case filed. Statement of Facts Issue above has not presented any detail facts for the ejectment suit but it is definite that when such a case is filed to the court, parties to the case only involved the petitioner and the respondent. It can also be said that the case has already been heard and that a decision has been passed for implementation. Here is where the issue of a third party, not involved in the original ejectment suit, is brought to the attention of this office since such third party is affected in the implementation of a court decision of an ejectment suit. Discussion Court·s decisions potentially affect many people and in fact have considerable effects. The extent to which the Court does have impact indicates its importance in the Country·s political system. In the issue presented in this memorandum, court decisions in an ejectment suit is binding only to the parties involved and in as much as there are other parties who have similar facts presented in their individual cases as the country follows the stare decisis doctrine. In order for court·s decisions in an ejectment suit to become binding to a person that person must be a party to the case. As in Lorenzana vs. Cayetano (G.R. No. L-37501, August 31, 1977) it was noted that Cayetano was not a party to any of the 12 ejectment cases wherein the writs of demolition had been issued; she did not make her appearance in and during the pendency of these ejectment cases. Cayetano, in the said case, only went to court to protect her property from demolition after the judgment in the ejectment cases had become final and executor. Hence, with respect to the judgment in said ejectment cases, Cayetano remains a third person to such judgment, which does not bind her; not can its writ of execution be enforced against her since she was not afforded her day in court in said ejectment cases. Furthermore Rule 39 of the 1996 Rules of Court (Execution, Satisfaction and Effect of Judgements) has specified that only parties to a case shall be bound to the executed ruling of the court.

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de Guzman, Mona Luisa C.

Procedures for filing a case. I went to the library to check the SCRA Quick Index Digest available. As I was uncertain on whether the rulings are applicable to Philippine territories I went to websites of www. I then checked the table of contents of both books (all part 1 of the Index Digests) and turned to the EJECTMENT annotations (please find attached copies of the pages from the Quick Index Digest year 2007 and 2008). No. 31-35) but I only found here rules on how to file a pleading. I decided to check SCRA Quick Index Digest for years 2007-2008 which are actually available to me through the book collection of a friend of mine. I outlined the things that I need to look into as follows: 1. Ng on Legal Research as our reference book for this class. Determine what are the effects of court decisions. Definition of an ejectment suit 3. As I read through the annotations in the Quick Index I could not determine which particular annotation is related to the issue at hand. 94-123) to determine the effects of judgments. particularly who are the parties to an ejectment case 4.49 and p. Since I needed to check the procedures for filing ejectment for court decisions on ejectment suits pertaining to third party involvement in the Philippines. I assumed that these are also true to cases of ejectment.LEGAL RESEARCH JOURNAL: RESEARCH PROCESS ASSIGNMENT 1 This is a step by step journal of how I did my research for the question posted and how I came about the Memorandum presented. Peter and www. in particular to court decisions in ejectment suit Since we are using the book of Atty. In any other case I also checked Rule 38 of the Rules of Court (pp. Procedure on making a legal memorandum 2. L-37051) that helped me in my creation of the memorandum (please find attached copies of the retrieved case files from lawphil and chanrobles websites). As such I found 2 cases (G.R.lawphil. No. I read through Rule 13 of the Rules of Court (pp. Hence. I turned to the chapter of the book referring to the Case Brief and Memoranda (Chapter 14). to check the contents and how to go about writing a legal memorandum. Upon understanding the procedure on how to make a legal memorandum. L-20920 and G. . Page | 2 de Guzman. I then proceeded to check any statutory laws that could help me in the discussion of the issue at hand hence I used the copy of the Rules of Court which is available to me through the collection of books I have found in the library.R. In order to find the necessary support for the memorandum I made. As I searched through the library I found out that the latest SCRA Quick Index Digest available is for 2006 only. As this is general rules of the court. Upon reading the question posted. Mona Luisa C.chanrobles. 50 which highlighted court rulings on ejectment cases abroad (please find attached printed copies of the pages of the Law Times mentioned). hence I checked the internet through google search for any related cases pertaining ejectment cases and found a digitized copy of The Law Times p.

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