1Q | Pam Louiese M.

Chua Legal Research and Writing Gatmaytan Book

PARTS OF A DECISION

Judicial decisions
- Assumes that same authority as a statute (primary authority)
- Constitute evidence of what the law means
- Adjudication or settlement of a controversy by a court of law

Judgment
- Determination of guilt and the imposition of the proper liabilities by
the court
- Usually in dispositive portion
- Interchangeable with decision

Parts of a decision
1. Facts
2. Procedural history
3. Questions presented
4. Rule of law
5. Application of law to fact
6. Holding
7. Disposition

* Basis: 1987, Art 8, Sec 14 no decision shall be rendered by any court without expressing
therein clearly and distinctly the facts and the law on which it is based. No petition for review or
motion for reconsideration of a decision of the court shall be refused due course or denied
without stating the legal basis therefor.

^ does not apply to administrative proceedings and
resolutions denying due course because they are not
necessarily submitted for decision

* Basis: Rules of Court on Criminal Procedure, Rule 120, Sec 2 the judgment must be written
in the official language, personally and directly prepared by the judge and signed by him and
shall contain clearly and distinctly a statement of the facts proved or admitted!

* Basis: Administrative Circular No. 1 prompting all judges to make complete findings of facts
in their decisions, and scrutinize closely legal aspects of the case!

Velarde v. Social Justice Society: Parts of a decision
1. Statement of the case
2. Statement of the facts
3. Issues/assigned errors
4. Court ruling on each issue
5. Dispositive portion

Reasons for prescription in form
Due process and fair play
Proof that processes of legal reasoning was utilized in deciding
So losing party may know the error to bring up in appeal


Others
Syllabus
Personal opinions of judges
Certification
Dissenting Opinions
Obiter Dicta
Pro hac vice

Other kinds of decisions
1. Memorandum decisions
2. Per curiam
3. Minute resolutions


Disposition v. Body of the decision
- General rule: disposition > body
- Exception: body > disposition
o When there is ambiguity or uncertainty
o When settlement of issue is in the body
- Ways to correct ambiguous disposition:
o Issuing an amendment to decision
o Issuing a writ of execution
o Following the body of the decision


Others------------------
Syllabus
- Is not the work of the courts, work of reporter
- Does not state the Courts decision
- Should not be cited in place of the decision

* Basis: Code of Professional Responsibility, Canon 10, Rule 10.2 a lawyer shall not
knowingly misquote or misrepresent the text of a decision for authority. It is the duty of the
court to cite the rulings and decisions of the SC accurately.

Personal opinions of judges
- Should not be included in the main opinion
- Decisions are about the interpretation and application of the law,
not its wisdom or morality

Certification
- Meant to ensure that the constitutional requirement is reached
- Absence of certification
o Does not override presumption of regularity in the
performance of official duty
o Does not invalidate the decision
o Merely means failure to comply with certification
requirement
1Q | Pam Louiese M. Chua Legal Research and Writing Gatmaytan Book
o Responsibly for omission shall be liable
- Does not apply to:
o Administrative cases
o Per curiam decisions
o Minute resolutions
- En banc: Chief Justice
- Division: Division Chair then Chief Justice

* Basis: 1987, Art 8, Sec 13 the conclusions of the Supreme Court in any case submitted to it
for decision en banc or in division shall be reached in consultation before the case is assigned
to a member for the writing of the opinion of the court. A certification to this effect signed by the
Chief Justice shall be issued and a copy thereof attached to the record of the case and served
upon the parties.

Dissenting Opinions
- No doctrine
- Not precedent
- Cannot be enforced
- Not binding
- Reasons for dissent:
o Hope that future courts will resolve the same issues in a
different way
o Dulls the edge of the main opinion
o Leaves the legal question open for further examination
o Calls out majoritys shortcomings
o Allows the public to make its own decisions based on the
two sides
o Keeping the majority accountable

* Basis: 1987, Art 8, Sec 13 ! Any member who took no part, or dissented, or abstained from
a decision or resolution, must state the reason therefor.

Obiter Dicta
- Matter that was not raised expressly
- Not necessarily in the formation of the decision
- Not binding but can be helpful in establishing the legal principles of
the case under consideration
- Not obiter dicta when
o Adjudication on any point within the issues properly raised
o Pertinent questions only incidentally involved or partially
discussed
o Those presented and decided in the regular course of the
consideration of the case and led up to the final decision

Pro hac vice
- For this particular occasion
- Cannot be relied on as precedent
- Applicable to:
o Extremely peculiar circumstances
o To bypass procedural lapses in order to address the merit
of the case

Other kinds of decisions----------------
Memorandum decisions
- Those which adopt by reference the findings of facts and
conclusions of law of inferior tribunals
- Incorporation by reference to avoid cumbersome reproduction of
decisions of lower courts by higher ones
- Form:
o Decision reproduced must comply with Consti requirement
on decisions
o Must provide direct access to the facts and the law being
adopted in an attachment/annex
- Occasion:
o Must be sparingly used
o Resorted to only in cases where the facts are accepted by
both parties and easily determinable by the judge which
require no discussions

* Basis: Judiciary Reorganization Act of 1981 every decision of final resolution of a
court in appealed cases shall clearly and distinctly state the findings! and the
conclusions! which may be! adopted by reference!

Per curiam decisions
- Opinion of the court in which the judges are all of one mind and the
question involved is so clear that it is not necessary to elaborate it
by an extensive discussion
- Unsigned by judges
- Unity in opinion only applies to decision/result, not to the reasoning
- Applies when:
o It contain no reservations/exceptions
o It makes a politically important decision
o It involved the death penalty
o It decides mundane questions

Minute Resolution
- Summarily denial of due course or dismissal or cases for failure to
comply with the formal or substantial requirements
- Not decisions within the meaning of the constitution as submitted
for decision because due course is denied of the petition
- Form: (unlike decisions)
o Unsigned by judges
o Promulgated by the Clerk of the Court but does not
partake of the decision making
o Not published in Philippine Reports
o Constitutional requirement not applicable
- Applies where:
o Case patently without merit
1Q | Pam Louiese M. Chua Legal Research and Writing Gatmaytan Book
o Issues are factual in nature
o Decision appealed from is supported by substantial
evidence
o Petition as means to forestall the early execution of
judgment and for non-compliance with the rules