Flashcards Studio

(a) Identify the controlling doctrine under NCC Article 8 about the binding effect of judicial decisions.
(b) Distinguish how such a decision binds on the parties to the case versus its binding effect on third parties and on land titles records when a later statute addresses the same matter.
(c) Applying to the following scenario: In 1988, the Supreme Court held that a deed of sale of land between A and B is valid even if the deed is not registered. In 2000, a new statute provides that a deed of sale must be registered to affect rights against third parties. A seeks to register the 1988 deed against B’s title in the land registry; the Register of Deeds refuses, citing the 2000 statute. Explain: (i) should the 2000 statute govern for purposes of registration, (ii) does the 1988 decision continue to bind A and B personally, and (iii) what is the resolution under Art. 8 regarding the relation between judicial decisions and statutes?