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The doctrine that if a law or contract violates any norm of the constitution, that law or contract, whether promulgated by the legislative or by the exec. branch or entered into by private persons for private purposes, is null and void and without any force and effect.
- Alvin Claridades
A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
It simply means that a principle underlying the decision in one case will be 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. A single decision does not ...
This document lists and briefly defines 230 Philippine legal doctrines compiled by Prof. Alvin T. Claridades. The excerpt provided here discusses 11 doctrines, including: the doctrine of adoptive admission, agency by estoppel, alter ego, ancillary jurisdiction, anticipatory breach, apparent authority, assumption of risk, attractive nuisance ...
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Sep 22, 2022 · Overruling occurs when a court overturns – abolishes – a rule established in a binding precedent. Overruling may be explicit or implicit. Explicit overruling occurs when a court explicitly abolishes a rule established by precedents in its jurisdiction and replaces it with the opposite rule.
Aug 18, 2021 · The Supreme Court reaffirmed the settled position of law by explaining that: “Mere overruling of the principles, on which the earlier judgment was passed, by a subsequent judgment of higher forum will not have the effect of uprooting the final adjudication between the parties and set it at naught.
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Aug 19, 2015 · 1. Original Document Rule. Section 3. Original document must be produced; exceptions. - When the subject of inquiry is the contents of a document, writing, recording, photograph or other record, no evidence is admissible other than the original document itself, except in the following cases:
