Sunday, July 19, 2009

Law of the Case

The law of the case applies only when (1) a question is passed upon by an appellate court, and (2) the appellate court remands the case to the lower court for further proceedings; the lower court and even the appellate courts on subsequent appeal of the case are, thus, bound by how such question had been previously settled. It must be emphasized, therefore, that the law of the case finds application only in the same case between the same parties. (Lopez v. Court of Appeals, G.R. No. 168734, April 24, 2009)

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