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Source Family Code of the Philippines Family Code of the Philippines Showing the closest available flashcard practice.
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0 tracked cards Civil Law and Land Titles and Deeds
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(a) Identify the controlling doctrine under NCC Article 8 about the binding effect of judicial decisions interpreting or applying laws. (b) Distinguish how such decisions bind: (i) the parties to the case; and (ii) third parties and land titles when a later statute addresses the same matter. (c) Apply to the following scenario: In 2010, the Supreme Court held that a mortgage deed between A and B is valid and enforceable even if the mortgage is not annotated on the title. In 2015, a later statute provides that mortgages must be annotated on the title to affect rights against third parties. In 2022, C, a person not party to the 2010 decision, seeks to register the 2010 mortgage against D’s title. The Register of Deeds refuses, citing the 2015 statute. Explain: (i) which law governs for purposes of registration; (ii) whether the 2010 decision continues to bind C personally and bind the title; and (iii) how Art. 8 governs the relation between judicial decisions and statutes in this context.

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