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Maricor I.

Caranguain
November 20, 2019
What is precedent?

 Precedent is the reasoning behind a judge’s decision
- establishes a principle or rule of law that must
be followed by other courts lower in the same court
hierarchy when deciding future cases that are similar

 As defined in Black’s Law Dictionary, “precedent” is


a “rule of law established for the first time by a court
for a particular type of case
- thereafter referred to in deciding similar cases.
Importance

 It serves as an example for decisions in later cases with
similar questions of law.

 Usually it is considered to be primary source of law and


hence, past judicial decisions are generally binding for the
disposition of factually similar present controversies.

(Art. 8 of New Civil Code specifically provides: Judicial


decisions applying or interpreting the laws or the Constitution
shall form part of the legal system of the Philippines.)
Importance

 Results to fairness as it encourages similar cases to be
treated similarly.
 It encourages predictability and stability within the legal
system and affords a degree of security for individual
rights.
 Promotes efficiency in terms of time and energy as it
enables decision-makers to take advantage of previous
efforts and prior wisdom.
 It ensures that the law develops only in accordance with
the changing perceptions of the community and therefore
it more accurately reflects the morals and expectations of
the community.
Generally speaking, a legal
precedent is said to be:

 applied (if precedent is binding) / adopted (if precedent
is persuasive), if the principles underpinning the previous
decision are accordingly used to evaluate the issues of the
subsequent case;
 distinguished, if the principles underpinning the
previous decision is found specific to, or premised upon,
certain factual scenarios, and not applied to the
subsequent case because of the absence or material
difference in the latter's facts; or
 overruled, if the same or higher courts on appeal or
determination of subsequent cases found the principles
underpinning the previous decision erroneous in law or
overtaken by new legislation or developments
Kinds of Precedents
Binding Precedent:

A binding precedent a binding precedent obliges a court to
follow its decision.
3 Requirements
 First, it needs a clear and well-defined court hierarchy, so
the function and status of each court are clear.
 Second, it needs close adherence to the principle of stare
decisis by judges and magistrates.
 Third, it requires a thorough system of law reporting, so
that records about other decisions and precedents are
available to all judges.
Kinds of Precedents

Persuasive Precedent:
 Are not binding on courts. They are seen more as
“convincing” argument, which can influence or
inform a decision but not compel or restrict it.
 Precedents considered to be persuasive but not
binding are:
- Ratio Decidendi
Minute Resolution

 results of the deliberations by the Justices of the Court
 issued for the prompt dispatch of the actions of the Court
 they are promulgated by the Clerk of Court or his
assistants whose duty is to inform the parties of the action
taken on their cases by quoting verbatim the resolutions
adopted by the Court.

Note: Neither the Clerk of Court nor his assistants take part
in the deliberations of the case. They merely transmit the
Court’s action in the form prescribed by its Internal Rules:
Minute Resolution

 Sec. 7. Form of notice of a minute resolution.—A
notice of minute resolution shall be embodied in a
letter of the Clerk of Court or the Division Clerk of
Court notifying the parties of the action or actions
taken in their case. In the absence of or whenever so
deputized by the Clerk of Court or the Division
Clerk of Court, the Assistant Clerk of Court or
Assistant Division Clerk of Court may likewise sign
the letter which shall be in the following form:
Sample:
 (SUPREME COURT Seal)
REPUBLIC OF THE PHILIPPINES
SUPREME COURT
Manila
EN BANC/____ DIVISION
NOTICE
Sirs/Mesdames:

Please take notice that the Court en banc/___ Division issued a Resolution dated _____, which
reads as follows:
"G.R./UDK/A.M./A.C. No. ____ (TITLE).—(QUOTE RESOLUTION)“

Very truly yours,

(Sgd.)
CLERK OF COURT/Division Clerk of Court
Jandy J. Agoy vs Araneta Center Inc.
G.R. No. 196358
March 21, 2012
Abad, J.