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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSG. Judicial Decision (Civil Code, Art. 8)

Question

EFFECT AND APPLICATION OF LAWS: Judicial Decision (Civil Code, Art. 8)

Alex and Ben are neighbors who have been having a dispute over a property boundary. Despite attempts at settlement, both parties could not come to an agreement. As a result, Alex decided to file a case against Ben to resolve the boundary dispute.

During the trial, the judge considered the evidence presented by both parties, including testimonies and land survey documents. After careful evaluation, the judge rendered a decision determining the correct boundary line between the properties of Alex and Ben.

Given the scenario and the principle of judicial decision under Article 8 of the Civil Code, discuss the following:

  1. What is the effect of the judge's decision in resolving the boundary dispute between Alex and Ben?
  2. Can the judge's decision be appealed? If so, what are the grounds for appeal?
  3. Discuss the application of the principle of stare decisis (precedence) in relation to the judge's decision and its impact on future similar cases.



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Bar Review Question: EFFECT AND APPLICATION OF LAWS: Judicial Decision (Civil Code, Art. 8) Alex and Ben are neighbors