Practice question
A litigant cites the original Fil-Estate decision to deny all retroactive application of the fresh-period rule but ignores the June 25, 2008 reconsideration resolution. Which is correct?
- The original decision necessarily controls even after reconsideration changed it.
- Reconsideration resolutions can never affect the governing disposition.
- Only the party’s preferred passage matters.
- A case citation’s year alone settles its operative holding.
- The operative reconsideration ruling must be consulted; it recognized the procedural rule’s application to the pending case.
Legal references
- Spouses De los Santos v. Vda. de Mangubat, G.R. No. 149508, October 10, 2007, main decision, remedial law and pending actions: https://lawphil.net/judjuris/juri2007/oct2007/gr_149508_2007.html
- Fil-Estate Properties, Inc. v. Homena-Valencia, G.R. No. 173942, June 25, 2008, operative reconsideration resolution, retroactive procedural application: https://lawphil.net/judjuris/juri2008/jun2008/gr_173942_2008.html
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