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RESURRECCION OBRA v. SPS. VICTORIANO BADUA AND MYRNA BADUA

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GR No. 172053
2008-10-06
UNION BANK OF PHILIPPINES v. PACIFIC EQUIPMENT CORPORATION
NACHURA, J.
To be sure, the resolution by the court of a given issue embodied in the fallo or dispositive part of a decision or order is the controlling factor as to settlement of rights of the parties. Thus, where there is a conflict between the fallo and the ratio decidendi or body of the decision, the fallo controls.  This rule rests on the theory that the fallo is the final order, while the opinion in the body is merely a statement ordering nothing.  However, the rule applies only when the dispositive part of a final decision or order is definite, clear and unequivocal, and can wholly be given effect without need of interpretation or construction.[36]