Sunday, January 8, 2012

To Err is human...

No one can dispute the right of a Judge, acting on a Motion for Reconsideration, to change his mind regarding the case. The rules are cognizant of the fact that human judges could err and that would merely be fair and right for them to correct their perceived errors upon a motion for reconsideration.

Monday, January 2, 2012

Law of the Case

Law of the Case, which is "the opinion delivered on a former appeal" is applied to an established rule that an appellate court passes on a question and remands the case to the lower court for further proceeding, the question there settled becomes the law of the case upon subsequent appeal. It means that whatever is once irrevocably established as the controlling legal rule or decision between the same parties in the same case continues to be the law of the case, whether correct on general principles or not, so long as the facts on which such decision was predicated continue to be the facts of the case before the court.

Obiter Dictum

An Obiter Dictum is an opinion expressed by the court upon some question of law that is not necessary in the determination of the case before the court. It is a remark made, or opinion expressed, by a judge, in his decision upon a cause that is, incidentally or collaterally, and not directly upon the question before him, or upon a point not necessarily involved in the determination of the cause, or introduced by way of illustration, or analogy or argument. It does not embody the resolution or determination of the court, and is made without argument, or full consideration of the point. It lacks the force of an adjudication, being a mere expression of an opinion with no binding force for purposes of res judicata.

Moot and Academic

The moot-and-academic principle is not a magical formula that dissuades courts  from resolving cases, because courts will decide cases, otherwise moot and academic, if - there is grave violation of the constitution; the situation is of exceptional character and paramount public interest is involved; the constitutional issue raised requires formulation of controlling principles to guide the Bench, the Bar, and the public; or, a case is capable of repetition yet evading review.