Hi Guys, today, I will start to collect several Legal Maxims and their respective definition from books and jurisprudence I read and will soon read. This is a simple investment for my future preparation for the bar review. All credits are to their respective authors.
ubi lex non distinguit, nec nos distinguere debemus ( i.e., where the law does not distinguish, neither should we distinguish)
Obiter Ditum “something said in passing.” A comment, suggestion, or observation made by a judge in an opinion that is not necessary to resolve the case, and as such, it is not legally binding on other courts but may still be cited as persuasive authority in future litigation.
Res judicata “a matter adjudged; a thing judicially acted upon or decided; a thing or matter settled by judgment.” Res judicata lays the rule that an existing final judgment or decree rendered on the merits, and without fraud or collusion, by a court of competent jurisdiction, upon any matter within its jurisdiction, is conclusive of the rights of the parties or their privies, in all other actions or suits in the same or any other judicial tribunal of concurrent jurisdiction on the points and matters in issue in the first suit. (Republic of the Philippines vs. Ramon Yu, Teofista Villamala, Lourdes Yu and Yu Se Peng, G.R. No. 157557, March 10, 2006)
Stare decisis simply means that for the sake of certainty, a conclusion reached in one case should be applied to those that follow if the facts are substantially the same, even though the parties may be different.
Pro hac vice “for this one particular occasion only”. A pro hac vice ruling cannot be relied upon as a precedent to govern other cases (Highpoint Development Corp. vs. Republic, G.R. No. 224389, November 7, 2018)
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