This case has been cited 3 times or more.
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2011-08-24 |
BERSAMIN, J. |
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| That pronouncement became the law of the case, anything to the contrary of which the petitioner could not validly rely upon. The doctrine of the law of the case means that whatever is irrevocably established as the controlling legal rule between the same parties in the same case, whether correct on general principles or not, continues to be the law of the case for as long as the facts on which the legal rule was predicated continue to be the facts of the case before the court.[14] It applies in a situation where an appellate court has made a ruling on a question on appeal and thereafter remands the case to the lower court for further proceedings; the question then settled by the appellate court becomes the law of the case binding the lower court and any subsequent appeal,[15] and questions necessarily involved and dealt with in a former appeal will be regarded as the law of the case in a subsequent appeal, although the questions are not expressly treated in the opinion of the court, inasmuch as the presumption is that all the facts in the case bearing on the point decided have received due consideration whether all or none of them are mentioned in the opinion.[16] | |||||
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2008-07-30 |
CHICO-NAZARIO, J. |
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| While conceding that petitioner UBP is not precluded from questioning the validity of the 4 May 2000 Suspension Order on the basis of res judicata , it is, however, barred from doing so by the principle of law of the case. When the validity of such interlocutory order has already been passed upon on appeal, the Decision of the Court on appeal becomes the law of the case between the same parties. Law of the case has been defined as "the opinion delivered on a former appeal. More specifically, it means that whatever is once irrevocably established as the controlling legal rule of 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."[26] Hence, that the 4 May 2000 Suspension Order is valid, as we already upheld in G.R. No. 153830, is the controlling legal rule of decision between petitioner UBP and respondent ASBDC in the Petition at bar. The same is true, whether the decision of this Court in G.R. No. 153830 was correct on general principles or not, and without a showing by petitioner UBP that the facts on which G.R. No. 153830 was predicated are no longer the same facts of the case presently before us. | |||||
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2005-08-09 |
CARPIO, J. |
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| [T]he opinion delivered on a former appeal. More specifically, it means that whatever is once irrevocably established as the controlling legal rule of 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.[44] (Emphasis supplied) | |||||