Practice question
A Supreme Court division proposes to reverse a doctrine previously laid down by another division, claiming that a majority of its own members is enough. Which Article VIII rule applies?
- Any individual Justice may reverse every doctrine alone
- Only Congress may ever modify a judicial doctrine
- A new division may always reverse doctrine without en banc action
- A doctrine laid down en banc or in division may be modified or reversed only by the Court sitting en banc
- A doctrine disappears automatically after one year
Legal references
- https://lawphil.net/consti/cons1987.html — Constitution, Article VIII sections 1–2, 4–6, Supreme Court judicial power, protected jurisdiction, original and review powers, en banc authority and rulemaking.
- https://lawphil.net/judjuris/juri2019/mar2019/gr_217158_2019.html — Gios-Samar, Inc. v. DOTC, G.R. No. 217158, March 12, 2019, main decision on hierarchy of courts and direct recourse.
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