Law of the Case Doctrine In applying this doctrine, some points need highlighting:

A term applied to an established rule that when an appellate court decides a - Is the doctrine still maintained, or has it been abandoned or qualified?
question and remands the case to the lower court for further proceedings, the - Is the doctrine uniformly stated by the court (considering that different
question there as settled becomes the law of the case upon subsequent divisions of the Supreme Court do sometimes produce different results
appeal. on the same facts)?
- What are the factual similarities and differences that either warrant or
It is a rule of procedure and does not go to the power of the court and will not do not warrant the application of precedent?
be adhered to where its application will result in an unjust decision. It relates - Which is ratio and which is obiter dictum in any particular Supreme
entirely to questions of law, and is confined in its operation to subsequent Court decision?
proceedings in the same case.[21]
It is obviously not necessary that all facts of the case correspond to the facts in
Law of the Case has been defined as the opinion delivered on a former the judicial precedent. It is of the essence though that the key facts be similar
appeal. It is a term applied to an established rule that when an appellate court and the constellation of facts be also similar.
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 Key facts facts that produce a result which, if otherwise, would yield a
subsequent appeal.[20] It is a rule of procedure and does not go to the power different result.
of the court and will not be adhered to where its application will result in an
unjust decision. It relates entirely to questions of law, and is confined in its Constellation of facts the arrangement of facts and their relations to each
operation to subsequent proceedings in the same case.[21] other.

There are cases that indisputably call for the application of judicial precedent.
In penumbral cases, however, the application or non-application of precedent
Stare Decisis Doctrine will depend in large measure on whether or not the judge considers the
differences significant enough to distinguish or similar enough to apply
A Latin expression of a legal principle which says that once a question of law precedent. And whether or not the differences are significant or similar
has been examined and decided, it should be deemed settled and closed to depends on considerations such as equity and fairness.
further argument. Put another way, it means from settled precedents, there
must be no departure. Consequently, cases already settled are meant to Whether or not some differences are significant or not, however, does not
serve as precedents for like cases where the facts and the law involved are always depend completely on the judge, but is itself circumscribed by certain
similar. rules, e.g., the rule that unless the law itself distinguishes, the courts should
not; the rule that minor inconsistencies on the part of a witness testimony
The principle stare decisis et quieta non movere means stand by the decision strengthen, not detract from, the probative value of her testimony.[8]
and disturb not what is settled. It simply means that a principle underlying the
decision in one case will be deemed of imperative authority, controlling the Obiter Dictum
decisions of like cases in the same court and in lower courts within the same
jurisdiction, unless and until the decision in question is reversed or overruled A Latin term which refers to an averment, assertion, or observation stated as
by a court of competent authority. A single decision does not necessarily an aside or a by the way, or said in passing by a court that is not necessary
create a precedent to be followed.[7] in deciding the issues before the court.
Obiter Dicta - a remark made, or opinion expressed, by a judge, in his decision party, if there is any, unless the enforcement of the civil liability by a separate
upon a cause, incidentally or collaterally, and not directly upon the question civil action has been reserved or waived.
before him, or upon a point not involved in the determination of the cause, is
an obiter dictum and as such it lacks the force of an adjudication and is not to In case the judgment is of acquittal, it shall state whether the evidence of the
be regarded as such.[12] prosecution absolutely failed to prove the guilt of the accused or merely failed
to prove his guilt beyond reasonable doubt. In either case, the judgment shall
Illustration: determine if the act or omission from which the civil liability might arise did not
exist.
x x x the pronouncement made by the Court of Appeals that petitioner Ayala is
barred from enforcing the deed of restrictions can only be considered as obiter SEC. 3. Judgment for two or more offenses. When two or more offenses are
dicta. As earlier mentioned, the only issue before the Court of Appeals at the charged in a single complaint or information, but the accused fails to object to
time was the propriety of the annotation of the lis pendens. The additional it before trial, the court may convict him of as many offenses as are charged
pronouncement of the Court of Appeals that Ayala is estopped from enforcing and proved, and impose on him the penalty for each offense, setting out
the deed of restrictions even as it recognized that this said issue is being tried separately the findings of fact and law in each offense.
before the trial court was not necessary to dispose of the issue as to the
propriety of the annotation of the lis pendens x x x[13] It is to be emphasized that the requirement of a clear statement of fact and law
has reference to a decision rendered after previous presentation of proof in an
ordinary civil or criminal case. It does not apply to orders resolving incidental
matters.[3]
Decision vs Judgment

Judgment: Rule 120, Sections 1-3 of the 2000 Revised Rules of Criminal
Procedure states: Decision

SEC. 1. Judgment; definition and form. Judgment is the adjudication by the The adjudication or settlement of a controversy by a court of law. It goes into
court that the accused is guilty or not guilty of the offense charged and the the roots of the controversy, makes a searching examination of the facts and
imposition on him of the proper penalty and civil liability, if any. It must be issues of the case, applies the law and considers the evidence presented, and
written in the official language, personally and directly prepared by the judge finally determines the rights of the parties.
and signed by him, and shall contain clearly and distinctly a statement of the
facts and the law upon which it is based.

SEC. 2. Contents of the judgment. If the judgment is of conviction, it shall