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

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Question I: Effect and Application of Laws - Judicial Decision (Civil Code, Art. 8)

In a civil case pending before the Regional Trial Court, Judge Garcia rendered a decision in favor of the plaintiff. The defendant, dissatisfied with the decision, filed an appeal before the Court of Appeals.

During the pendency of the appeal, the Supreme Court issued a landmark decision that clarified the interpretation of a key provision of the Civil Code. The said decision directly affects the issue being litigated by the parties in the case.

1. Can the defendant cite the Supreme Court's decision to support his appeal before the Court of Appeals?

2. Can the Court of Appeals consider the Supreme Court's decision in deciding the defendant's appeal?

3. Suppose the Court of Appeals reverses the decision of Judge Garcia and renders a new one in favor of the defendant. Can the plaintiff still argue that the Supreme Court's decision should apply to his case?

  1. Discuss the rationale behind the principle of judicial precedents and its impact on the case.
  2. Explain the effect of the Supreme Court's decision on lower courts and subsequent cases.



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Bar Review Question: Question I: Effect and Application of Laws - Judicial Decision (Civil Code, Art. 8) In a civil cas