A it does not the prohibition under sec 15 art vii

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Unformatted text preview: independently as law Q: What is the Principle of Stare Decisis? A: A principle underlying the decision in one case is deemed of imperative authority, controlling the decisions of like cases in the same court and in lower courts within the same jurisdiction, unless and until the decision in question is reversed or overruled by a court of competent authority. (De Castro v. JBC, G.R. No. 191002, Apr. 20, 2010) Q: Is the SC obliged to follow precedents? A: No. The Court, as the highest court of the land, may be guided but is not controlled by precedent. Thus, the Court, especially with a new membership, is not obliged to follow blindly a particular decision that it determines, after re‐ ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 59 UST GOLDEN NOTES 2011 examination, to call for a rectification. (De Castro v. JBC, G.R. No. 191002, April 20, 2010) of Representatives, G.R. No. 160261, Nov. 10, 2003). Q: X filed a petition to set aside the award of the ZTE‐DOTC Broadband Deal. The OSG opposed the petition on the ground that the Legal Service of the DOTC has informed it of the Philippine Government’s decision not to continue with the ZTE‐NBN Project. That said there is no more justiciable controversy for the court to resolve. Hence, the OSG claimed that the petition should be dismissed. X countered by saying that despite the mootness, the Court must nevertheless take cognizance of the case and rule on the merits due to the Court’s symbolic function of educating the bench and the bar by formulating guiding and controlling principles, precepts, doctrines, and rules. Decide. Q: What is the Doctrine of Relative Constitutionality? A: The OSG is correct. The petition should be dismissed for being moot. Judicial power presupposes actual controversies, the very antithesis of mootness. In the abs...
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This document was uploaded on 03/12/2014.

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