Remedial Law
Updated 26th May 2025
Stare Decisis
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Definition and Basis

Stare Decisis is a rule or doctrine in law. It is entrenched in Article 8 of the Civil Code of the Philippines. According to this principle, judicial decisions applying or interpreting laws or the Constitution form part of the legal system.

Stare decisis is a fundamental legal doctrine meaning "to stand by things decided" in Latin. It's the principle that courts should follow precedent established by previous judicial decisions when ruling on similar cases.

The Principle of Stare Decisis

The principle of Stare Decisis, also known as stare decisis et non quieta movere, dictates that once a point of law has been examined and decided the Supreme Court, that conclusion should generally be followed by the same court and all lower courts in subsequent cases involving substantially similar facts. The purpose is to promote certainty in the law.

Distinction from Res Judicata

Stare Decisis is distinct from res judicata. The focal point of stare decisis is the doctrine created by a judicial decision, which acts as a general rule of judicial adherence to precedent on points of law. This principle applies to subsequent cases even if the parties involved are different.

In contrast, the focal point of res judicata is the judgment itself. Res judicata operates as a bar by former judgment or conclusiveness of judgment and applies only between the same parties (or their privies) regarding the same issue, demand, or cause of action. While res judicata binds the parties and their privies, stare decisis affects strangers to the original case.