CIVIL LAW > I. PRELIMINARY TITLE > A. Effect and Application of Laws > 7. Judicial Decisions > a. Stare Decisis > i. Kinds of Stare Decisis

In Philippine civil law, the doctrine of stare decisis is foundational to ensuring consistency and predictability in the application of the law. The Latin phrase stare decisis et non quieta movere means "to stand by decisions and not disturb what is settled." This doctrine compels courts to follow the rulings of higher courts in previous cases when deciding cases with similar facts or legal issues, ensuring uniformity and stability in legal interpretations.

The doctrine of stare decisis is especially significant in a civil law jurisdiction like the Philippines, where statutes are the primary source of law. Judicial decisions interpreting these statutes also become binding to guide future cases. Under Article 8 of the Civil Code, it is explicitly provided that “judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines.”

Stare decisis can be divided into different kinds, depending on the degree of adherence expected and the court's hierarchical position.

Types of Stare Decisis

Vertical Stare Decisis
- Definition: Vertical stare decisis refers to the principle that lower courts are bound by the decisions of higher courts within the same judicial hierarchy. In the Philippines, this means that all lower courts, such as Regional Trial Courts (RTCs), Metropolitan Trial Courts (MeTCs), and Municipal Trial Courts (MTCs), are bound to follow the rulings of the Supreme Court as well as the Court of Appeals (CA) or the Sandiganbayan, depending on jurisdictional hierarchy.
- Application: Vertical stare decisis is particularly critical in ensuring that interpretations of the Constitution or statutes by the Supreme Court are consistently applied by all lower courts. Lower courts cannot reverse or contradict the rulings of the Supreme Court.
- Binding Authority: In this regard, the Supreme Court’s decisions are binding on all other courts within the Philippine judiciary. Lower courts may express disagreement but are nevertheless obligated to apply the Supreme Court’s ruling.
Horizontal Stare Decisis
- Definition: Horizontal stare decisis applies within the same level of courts, typically referring to the adherence of a court to its own previous rulings or the rulings of courts of equivalent jurisdiction.
- Application in the Philippine Supreme Court: The Supreme Court has often observed horizontal stare decisis in its own rulings, adhering to its own precedents to maintain consistency and predictability. However, the Supreme Court is not absolutely bound by its own prior decisions. It may overturn its past rulings if it determines they were based on incorrect interpretations or if societal conditions and interpretations evolve.
- Court of Appeals and Lower Courts: While the Court of Appeals also follows its previous decisions to some extent, it is not strictly bound by them and may issue divergent rulings in different divisions if warranted by unique case facts or new legal reasoning.
Binding (Mandatory) Stare Decisis
- Definition: Binding stare decisis occurs when a decision is considered to have obligatory force over future cases with substantially similar facts or issues.
- Supreme Court as Ultimate Authority: In the Philippine context, decisions of the Supreme Court, as the highest court of the land, hold binding stare decisis over all inferior courts, meaning their interpretations of the law are mandatory in all subsequent cases where the same issues are raised.
- Implications: Binding stare decisis supports legal stability, enabling individuals and entities to rely on judicial interpretations in planning their actions and conducting their affairs. It ensures that similar cases are decided similarly, thus reinforcing the rule of law and public confidence in the judiciary.
Persuasive (Non-Binding) Stare Decisis
- Definition: Persuasive stare decisis refers to judicial decisions that a court is not required to follow but may consider as guidance in arriving at a judgment. These may include decisions from courts at the same level or foreign judgments in cases of first impression.
- Application in the Philippines: Philippine courts may look to persuasive authorities, such as rulings from other jurisdictions (e.g., common law countries like the United States) or legal doctrines in analogous situations, particularly in cases where local precedents are lacking or insufficient. However, these decisions have no binding effect and are purely for guidance.
Overruling (Distinguishing from Stare Decisis)
- Concept of Overruling: Overruling occurs when a court, usually a higher court or the same court upon review, explicitly decides that a prior decision is no longer a correct statement of law, either due to a change in interpretation, understanding, or societal context. This often happens when there is a compelling need to reform legal principles or correct an erroneous interpretation.
- Requirements for Overruling: In the Philippines, the Supreme Court may overrule its prior decisions, especially when there is a shift in legal policy, changes in statutory or constitutional law, or a recognized error in a previous ruling. The Court, however, approaches overruling cautiously to maintain stability in legal principles.
- Distinguishing in Lower Courts: Lower courts are generally not permitted to overrule decisions of higher courts but may distinguish facts if a case’s specific circumstances materially differ from the precedents cited.

Exceptions to the Doctrine of Stare Decisis

The doctrine of stare decisis is not absolute, and there are recognized exceptions:

Erroneous Precedent: If a prior decision is clearly erroneous, the court may depart from it to avoid perpetuating an incorrect interpretation of the law.
Changes in Law or Society: When social norms, legal understandings, or statutory laws have evolved significantly, courts may adapt by revisiting previous rulings.
Conflicting Precedents: When there are multiple conflicting decisions, the Supreme Court may clarify or settle the discrepancy by issuing a new binding interpretation.

Significance of Stare Decisis in Philippine Jurisprudence

In the Philippine legal system, stare decisis serves to:

Ensure Consistency: By adhering to previous rulings, courts ensure that similar cases are decided consistently, fostering predictability.
Promote Efficiency: Following established legal principles helps streamline the decision-making process.
Strengthen Rule of Law: It underlines the judiciary's commitment to upholding established legal norms and fosters public trust in the legal system.
Provide Stability: Stare decisis imparts stability to legal principles, allowing individuals and entities to rely on judicial interpretations in their daily transactions and legal dealings.

Concluding Remarks

The doctrine of stare decisis is essential in the Philippine judicial framework as it ensures that legal interpretations are consistent, predictable, and reliable. Its different forms, from vertical to horizontal, binding to persuasive, establish a structured hierarchy and approach to precedent within the judiciary. However, it is applied with sufficient flexibility, allowing the judiciary to overrule past rulings or adapt to evolving societal contexts, thereby balancing consistency with legal progress.