Statutory Construction – According to Justice P98,000.

They both agreed to terms but the

Martin, as the art of seeking the intention of the petitioner did not complied to remitting the
legislature in enacting a statute and applying it to proceeds of sale or returning the items to the
a given state of facts. complainant. Tangcoy accused Corpuz of
Estafa; Corpuz is found guilty and was
Construction -drawing of conclusions with sentenced to an imprisonment.
respect to subjects that are beyond the direct Issue: WON the court can adjust the penalties
expression of the text provided under the law to prevent injustice
Interpretation - process of discovering the true Ruling: The court cannot modify the said range
meaning of the language used of penalties because that would constitute
Construction vs. Interpretation judicial legislation.
Interpretation is limited to exploring the written The primordial duty of the Court is merely to
text. Construction considers beyond the direct apply the law in such a way that it shall not
expressions of the text usurp legislative powers by judicial legislation.
The Court should apply the law in a manner that
SITUS OF CONSTRUCTION AND would give effect to their letter and spirit,
INTERPRETATION especially when the law is clear as to its intent
-the situs of construction and interpretation of and purpose.
written laws belong to the judicial department
is vested in the Congress Case: Director of Lands VS Court of Appeals
of the Philippines – the Facts: In 1986, private Respondent Teodoro
Senate and the House of the Representatives Abistado filed a petition for original registration
Executive power is vested in the President of his title for his land under Presidential
of the Republic of the Philippines Decree NO. 1529; During the pendency of his
Judicial power is vested in one Supreme petition, he died, thus, his heirs were substituted
Court and in such lower Courts as may be as applicants. Records show that applicants
established by law. failed to comply with the provision of Pres.
Decree 1259, requiring them to publish the
Legislative – makes the law notice of initial hearing in a newspaper of
Executive - executes the law general circulation in the country.
Judicial – interprets the law Issue: WON the land registration court can
validly confirm and register the title of private
DUTY OF THE COURTS TO CONSTRUE respondents without publication of initial
AND INTERPRET hearing in a newspaper of general circulation
THE LAW; REQUISITES Ruling: NO. The term “shall” is used in the law,
1. There must be an actual case or controversy, which denotes an imperative and mandatory
2. There is ambiguity in the law involved in the character of a statute.
controversy. *When the law is clear, it is not susceptible of
If the law is clear and unequivocal, the Court interpretation and must be applied.
has no other alternative but to apply the law and
not to interpret. Duty of the court is to apply the law. When the
law is clear and unequivocal, the Court has no
Case: Corpuz vs. People other alternative but to apply the law and not to
Fact: In 1990,complainant Tangcoy had some interpret (Verbal egis – plain meaning rule)
pieces of jewelry for sale, and the petitioner
offered to sell the jewelries on commission Case: Secretary and DE of DPWH vs.
basis. The aggregate value of the said items is Heracleo and Tecson
Fact: In 1940, the DPWH took the respondents’
subject property without the benefit of secret agent so he is not exempt. Conviction
expropriation proceeding for the construction of must stand.
a road project. In 1944, the respondents *the duty of the court is to apply the law
demanded the payment of fair market value of disregarding their feeling of sympathy or pity
the parcel of land. Contreras, the DE, offered to for the accused.
pay for 0.70 per sq. m. as per the appraisal of
province but the respondents demanded 1500
per sq. m KINDS OF CONSTRUCTION AND
Issue: WON just compensation should be based INTERPRETATION
on the value of the property at the time of the Hermeneutics – science or art of construction
taking and interpretation; legal hermeneutics –
Ruling: The Court maintain its conclusion in the systematic body of rules which are recognized
2013 decision with modification on the amount as applicable to the construction and
of interest, as well as additional grant of interpretation of legal writings
damages and fees. From the past cases and with P-E-C-L-E-F
the same matter of facts, the Court has ruled 1. Predestined interpretation – biased
that the fair market value of the property at the personal interpretation includes artful
time of taking is controlling for purposes of interpretation preconceived by his views and
computing just compensation. Just desires
compensation should therefore be fixed not as 2. Extensive interpretation - liberal
of the time of payment but at the time of taking. interpretation; more comprehensive
signification of words
Case: Pascual vs. Pascual Bautista 3. Close interpretation – literal interpretation;
Fact: Pascual is legitimate child but petitioners words in their narrowest meaning
are his illegitimate children 4. Limited or restricted interpretation –
Issue: WON Art. 992 of Civil Code of Ph can influence by other principles than the strictly
be interpreted to exclude recognized natural hermeneutic ones
children from inheritance of the deceased 5. Extravagant interpretation – substitutes a
Ruling: The term “illegitimate” refers to both meaning evidently beyond the true one; not a
natural and spurious. Petition DISMISSED genuine interpretation
*The first and fundamental duty of the court is 6. Free or unrestricted interpretation – rely
to apply the law on general principles of interpretation in good
faith not by any specific or superior principle
Case: People of the Ph vs Mapulong
Facts: Defendant Mapa Mapulong was charged are more often interpreted
and convicted of the crime of illegal possession either literally, strictly or liberally, and
of firearm by the Court of First Instance of prospectively or retrospectively
Manila. He’s defense is that he is duly
appointed secret agent of the Governor of
Batangas on 1962 and he had a confidential
mission to proceed to Manila, Pasay, and QC.
SUBJECTS OF CONSTRUCTION AND
Issue: WON the appointment to and holding the
INTERPRETATION
position of a secret agent to the provincial
governor would constitute a sufficient Most common- constitution and statutes
Ruling: The law is explicit that except as which include ordinances
allowed, “it shall be unlawful for any person to Resolutions, executive orders and
possess any firearm, detached parts of firearms department circulars may also be included.
or ammunition.” No provision is made for
LEGISLATIVE PROCEDURES -Only the title of the bill is read and the
A statute starts with a bill. National Assembly will then vote on the bill;
Bill- draft of a proposed law from the time of its majority of members constituting a quorum is
introduction in a legislative body through all the needed to pass the bill; if majority votes Nay
various stages in both houses (no), then the bill is dead
-after the third and final reading at one
“Act”- term after the bill has been acted on and House where the bill originated, it will go to the
passed by the legislature other House
“Statute Law”- broader in meaning since it ***Quorum – sufficient number of members of
includes not only statute but also the judicial Nat’l Assembly/Congress to transact its daily
interpretation and application of the enactment business; usually 51% of the number of body or
50% + 1 depending on their internal rules
HOW DOES A BILL BECOMES A LAW? –
STEPS 9. After the bill has been passed, it will be
A bill must pass the strict constitutional submitted to the Prime Minister (President) for
requirements explicit both in the 1973 approval,
Constitution and the 1987 Constitution -If he disapproves, he shall veto it and return
In a parliamentary system: the same with his objections to the National
1. A member of the National Assembly Assembly; If approved by two-thirds (2/3) of all
introduces the proposed bill to the Secretary of its members, shall become a law
the National Assembly who will schedule the
same for the first reading;
2. In the first reading, the bill is read by its CONSTITUTIONAL TEST IN THE
number and title only PASSAGE OF A BILL
3. After the first reading, the bill is referred by Three Important Constitutional
the Speaker to the appropriate committee for Requirements:
study 1. Every bill passed by Congress shall embrace
- committee will conduct public hearings only one subject which
-committee shall decide whether or not the bill shall be expressed in the title thereof. Purpose:
should be considered, · hodge-podge (confusion) or log-
*If there is unfavorable report of the rolling legislation;
committee, then the proposed bill is dead surprise or fraud upon the
4. Bill is returned to the National Assembly and legislature; and
shall be calendared for the second reading apprise the people, through such
5. In the second reading, the bill is read in its publications of legislative proceedings as is
entirety usually made, of the subjects of legislation that
6. After the second reading, there would be are being considered, in order that they may
open debates where members of the assembly have opportunity of being heard thereon by
may propose amendments and insertions petition or otherwise, if they shall so desire.
7. After the approval of the bill in its second 2. No bill passed by either House shall become
reading and at least three (3) calendar days law unless it has passed three readings on
before its final passage, the bill is printed in its separate days, and printed copies thereof in
final form and copies thereof distributed to each its final form have been distributed to each
of the members member three days before its passage, except
8. The bill is then calendared for the third and when the PRESIDENT certifies the necessity
final reading. of its immediate enactment to meet public
-no amendment shall be allowed calamity or emergency.
3. Every bill passed by the Congress shall be To determine whether there has been
presented to the President. The executive compliance with the constitutional requirement
approval and veto power of the President that the subject of an act shall be expressed in its
title
The Court laid down the rule that constitutional
Remman Enterprises, Inc vs Professional
provisions relating to the subject matter and
Regulatory Board of Real Estate Service
titles of statues should not be so narrowly
FACTS: R.A. No. 9646 known as Real Estate
construed as to cripple or impede the power of
Service Act of the Philippines was signed into
legislation. . The requirement that the subject of
law on June 2009 by [Link]. It aims to
an act shall be expressed in its title should
professionalize the real estate service sector receive a... reasonable and not a technical
under a regulatory scheme of licensing, construction. It is sufficient if the title be
registration and supervision of real estate comprehensive enough reasonably to include the
service practitioners (brokers, appraisers, general object which a statute seeks to effect,
assessors, etc) in the country. Prior to its without expressing each and every end and
enactment, real estate service practitioners were means necessary or convenient for the
under the supervision of the DTI through the accomplishing of that... object. Mere details need
not be set forth. The title need not be an abstract
BTRCP, in the exercise of its consumer
or index of the Act.[10]. Art. VI, Sec 26 must
regulation functions then transferred to the PRC
therefore be construed as referring only to bills
through PRBRES created under the new law.
introduced for the first time in either House of
The implementing rules and regulations of RA
Congress, not the conference committee report
#9646 were promulgated by PRC and PRBRES
under Resolution #2, Series of 2010. On
PARTS OF STATUTE
December 2010, petitioners Remman
T-R-E-B-RE-S-S-E
enterprises and CREBA sought to declare the
1. Title – the heading on the preliminary part,
new law as void and unconstitutional because it
providing the name of the act; usually prefixed
violates Article VI, Section 26 of the
(introduced) to the statute in the brief summary
Constitution which mandates that every bill
of its contents.
passed by Congress shall embrace only one
2. pReamble – part of statute explaining the
subject which shall be expressed in the title
reasons for its enactment and objects sought to
thereof. On July 2011, the trial court held that
be accomplished. Usually starts with “whereas”.
the assailed provisions are relevant to the title of
3. Enacting clause – part of statute which
the law as they are intended to regulate the
declares its enactment and serves to identify it
practice of real estate service in the country by
as an act of legislation proceeding from the
ensuring that those who engage in it shall either
proper legislative authority. “Be enacted” is the
be a licensed real estate broker or under the
usual formula used to start this clause.
latter’s supervision.
4. Body – the main and operative part of the
ISSUE: WON R.A. No 9646 is unconstitutional
statute containing its substantive and even
for being vilative of the “one title-one subject”
procedural provisions. Provisos and exceptions
rule under Article VI, Section 26 (1) of the
may also be found.
Constitution
5. REpealing Clause - announces the prior
RULING: R.A. No. 9646 is entitled “An Act
statutes or specific provisions which have been
Regulating the Practice of Real Estate Service
abrogated by reason of the enactment of the
in the Philippines, Creating for the Purpose a
new law.
Professional Regulatory Board of Real Estate
6. Saving Clause – restriction in a repealing
Service, Appropriate Funds therefore and ofr
act, which is intended to save rights, pending
other Purposes”… No Violation of One-Title
One-Subject Rule
proceedings, penalties, etc. from the
annihilation which would result from an 10. Retrospective Law – looks backward or
unrestricted repeal. contemplates the past; one which is made to
7. Separability Clause – provides that in the affect acts or facts occurring, or rights
event that one or more provisions or occurring, before it came into force.
unconstitutional, the remaining provisions shall 11. Affirmative Statute – directs the doing of
still be in force. an act, or declares what shall be done in contrast
8. Effectivity Clause – announces the effective to a negative statute which is one that prohibits
date of the law. the things from being done, or declares what
shall not be done.
KINDS OF STATUTES 12. Mandatory Statutes – generic term
Ge-S-Lo-Pu-P-Re-Cu-Pe-P-R-A-M describing statutes which require
1. General Law – affects the community at and not merely permit a course of action.
large; may include all people of the state or a
particular class. Concept of Vague Statutes
2. Special Law – designed for a particular Statutes may be considered to be vague when it
purpose, or limited in range or confined to a lacks comprehensible standards those “of
prescribed field of action on operation common intelligence” must necessarily guess at
3. Local Law – relates or operates over a its meaning and differ as to its application
particular locality instead of over the whole Statute is repugnant to the Constitution in two
territory of the state. (2) respects:
4. Public Law – a general classification of law, 1. It violates due process for failure to accord
consisting generally of constitutional, persons fair notice of conduct to avoid; and
administrative, criminal, and international law, 2. It leaves law enforcers unbridled discretions.
concerned with the organization of the state, the
relations between the state and the people who Supreme Court held that the “vagueness”
compose it, the responsibilities of public doctrine merely requires reasonable degree of
officers of the state, to each other, and to private certainty for the statute to be upheld. Flexibility,
persons, and the relations of state to one is permissible as long as the metes and bounds
another. Public law may be general, local or of the statute are clearly delineated.
special law.
5. Private Law – defines, regulates, enforces REPEALS OF STATUTE MAY BE
and administers relationships among EXPRESSED OR IMPLIED
individuals, associations and corporations. [Link] repeal – is the abrogation or
6. Remedial Statute – providing means or annulling of a previously existing law by the
method whereby causes of action may be enactment of a subsequent statute which
effectuated, wrongs redressed and relief declares that the former law shall be revoked
obtained. and abrogated.
7. Curative Statute – a form of retrospective 2. Implied repeal – when a later statute
legislation which reaches back into the past to contains provisions so contrary to irreconcilable
operate upon past events, acts or transactions in with those of the earlier law that only one of the
order to correct errors and irregularities and to two statutes can stand in force.
render valid and effective many attempted acts The repeal of a penal law deprives the court of
which would otherwise be ineffective for the jurisdiction to punish persons charged with a
purpose intended. violation of the old penal law prior to its repeal.
8. Penal Statute – defines criminal offenses
specify corresponding fines and punishments. Only a law can repeal a law.
9. Prospective Law – applicable only to cases The intention to repeal must be clear and
which shall arise after its enactment. manifest, otherwise, as a general rule, the later
act is to be construed as a continuation of the According to Norma, Ernst made a promise to
first act. provide monthly support to their son. However,
since the arrival of petitioner and her son in the
Two (2) categories of repeal by implication: Philippines, Ernst never gave support to
1. Where provision in the two acts on the same Roderigo. Respondent remarried again a Filipina
subject matter are in an irreconcilable conflict; and resides again the Philippines particulary in Cebu
2. If the later act covers the whole subject of the where the petitioner also resides. Norma filed a
earlier one and is clearly intended as a substitute complaint against Ernst for violation of R.A. No.
– to be a complete and perfect system in itself. 9262 for the latter’s unjust refusal to support his
minor child with petitioner. The trial court dismissed
ORDINANCE
the complaint since the facts charged in the
Ordinance – an act passed by the local
information do not constitute an offense with
legislative body in the exercise of its law-
making authority. respect to the accused, he being an alien
TEST OF VALID ORDINANCE ISSUE: WON a foreign national has an obligation to
C-U-P-Pro-G-Un support his minor child under Phil. Law despite the
1. Must not Contravene the Constitution or any fact that the law of the country of said foreign
statute; national do not obliged the parents to support hteir
2. Must not be Unfair or oppressive; children
3. Must not be Partial or discriminatory; RULING: In international law, the party who wants
4. Must not PROhibit but may regulate trade; to have a foreign law applied to a dispute or case has
5. Must be General and consistent with public the burden of proving the foreign law. In the present
policy; and case, respondent hastily concludes that being a
6. Must not be UNreasonable. national of the Netherlands, he is governed by such
REASON WHY AN ORDINANCE laws on the matter of provision and capacity to
SHOULD NOT CONTRAVENE A support. While respondent pleaded the laws of the
STATUTE Netherlands in advancing his position that he is not
Local councils exercise only delegated
obliged to support his son, he never proved the
legislative powers conferred on them by
same. In view of respondent’s failure to prove the
Congress; delegate cannot be superior to the
national law of the Netherlands in his favor, the
principal.
doctrine of processual presumption shall govern.
ROLE OF FOREIGN JURISPRUDENCE Under this doctrine, if the foreign law is the same as
Philippine laws must necessarily be construed our local or domestic or internal law. Thus, since the
in accordance with the intention of its own law law of the Netherlands as regards the obligation to
makers and such intent may be deduced from support has not been properly pleaded and proved
the language of each law and the context of in the instant case, it is presumed to be the same
other local legislation related thereof. with Philippine law, which enforces the obligation of
parents to support their children and penalizing the
Norma Socorro vs Van Wilsem non-compliance therewith. Moreover, foreign law
FACTS: Norma A. Del Socorro and Ernst Van should not be applied when its application would
Wilsem contracted marriage in Holland. They were work undeniable injustice to the citizens or
blessed with a son named Roderigo Norjo Van residents of the forum. To give justice is the most
Wilsem. Unfortunately, their marriage bond ended important function of law; hence, a law or judgment
by virtue of a Divorce Decree issued by the or contract that is obviously unjust negates the
appropriate Court of Holland. Thereafter, Norma fundamental principles of Conflict of Laws.
and her son came home to the Philippines.
 all parties to any private communication, to
CHAPTER III- BASIC GUIDELINES IN secretly record such communication by means of
THE CONSTRUCTION AND a tape recorder. The law makes no distinction as
to whether the party sought to be penalized by the
INTERPRETATION OF LAWS statute ought to be a party other than or different
from those involved in the private communication.
LEGISLATIVE INTENT - determined The statute’s intent to penalize all persons
principally from the language of the statute. unauthorized to make such recording is
*The object of all interpretation and underscored by the use of qualifier “any.”
construction of statutes is to ascertain the Consequently, as respondent CA correctly
meaning and intention of the legislature concluded, “even a (person) privy to a
communication who records his private
conversation with another without the knowledge
Ramires VS. CA and Garcia of the latter (will) qualify as a violator under this
A civil case damages was filed by petitioner Socorro provision of RA 4200.
Ramirez in the Quezon City RTC alleging that the
private respondent, Ester Garcia, in a confrontation in The unambiguity of the express words of the
the latter’s office, allegedly vexed, insulted and provision therefore plainly supports the view held
humiliated her in a “hostile and furious mood” and in by the respondent court that the provision seeks to
a manner offensive to petitioner’s dignity and penalize even those privy to the private
personality,” contrary to morals, good customs and
communications. Where the law makes no
public policy.”
distinctions, one does not distinguish.
In support of her claim, petitioner produced a Stat Con Principle: Legislative intent is
verbatim transcript of the event and sought damages.
determined principally from the language of the
The transcript on which the civil case was based was
culled from a tape recording of the confrontation
statute.
made by petitioner. Legal Maxims: Verba Legis (the statute must be
interpreted literally if the language of the statute
As a result of petitioner’s recording of the event and
alleging that the said act of secretly taping the
is plain and free from ambiguity)
confrontation was illegal, private respondent filed a
criminal case before the Pasay RTC for violation of Verba Legis – rule in statutory const. that if the
Republic Act 4200, entitled “An Act to prohibit and statue is very clear and not ambiguous, it is
penalize wire tapping and other related violations of
private communication, and other purposes.”
interpreted literally

Petitioner filed a Motion to Quash the Information, Request of CA Justice Veloso, et. al for
which the RTC later on granted, on the ground that Computation/Adjustment of Longevity Pay
the facts charged do not constitute an offense,
particularly a violation of R.A. 4200.
FACTS: Petitioners, who are all Justices of CA
claim longevity pay for services rendered within
The CA declared the RTC’s decision null and void and and outside the Judiciary as part of their
denied the petitioner’s MR, hence the instant petition. compensation package. A justice said that there
ISSUE: W/N RA 4200 applies to taping of a was deficiency payment of her longevity pay
private conversation by one of the parties to a for the services she had rendered before she
conversation. joined the judiciary. The law involves is B.P.
RULING: egislative intent is determined 129, Section 42 which provides the longevity
principally from the language of a statute. Where pay of Justices equivalent to 5% of monthly
the language of a statute is clear and unambiguous, basic pay for five years of continuous serviced
the law is applied according to its express terms, rendered in the judiciary; the SC ruled that the
and interpretation would be resorted to only
only service recognized for purposes of
where a literal interpretation would be either
impossible or absurd or would lead to an injustice. longevity pay under section 42 of BP is service
in the Judiciary only.
Section 1 of RA 4200 clearly and unequivocally ISSUE: WON Section 42 of BP 129 should be
makes it illegal for any person, not authorized by
given a liberal interpretation by the Court
RULING: The primary rule in addressing the theory that he was unjustly convicted by the
problems regarding the interpretation of law is court. Such a reading of Sec 3 is contrary to
to examine the law itself to see what it plainly petitioner’s professed canon of construction that
says. This is the plain meaning of rule of when the language of the statute is clear it
statutory construction. As written in the should be given its natural meaning. It leaves
provision stated, the terms are very clear and out of the provision in question that qualifying
unequivocal; that Section 42 is exclusively for word “unjustly”. Sec 3 requires that the
Justices and judges rendering their services claimant be “unjustly” accused, convicted,
within the Judiciary and not outside. imprisoned; the fact that his conviction is
reversed and he was acquitted is not proof that
Globe-Mackay Cable and Radio Corporation vs. the previous conviction was unjust. His
National Labor Relations Commission conviction was because of the lack of quantum
FACTS: Private respondent was employed by of proof required. Sec 3 does not refer solely to
GMCR as general systems analyst; and an unjust conviction as a result of which the
employed by petitioner as manager for tech accused is unjustly imprisoned, but to an unjust
operations support was Delfin Saldivar. accusation.

Basbacio vs. Office of the Secretary, DoJ STATUTES AS A WHOLE

FACTS: Petitioner filed claim under Rep. Act. Cardinal rule in statutory construction - that
No. 7309, Sec 3 which provides for the payment legislative intent must be determined from a
of compensation to any person who was consideration of the statute as a whole and not
unjustly accused and convicted but merely of a particular provision. A word or phrase
subsequently released by virtue of a judgment might easily convey a meaning which is different from
of acquittal. The calim was filed with the Board the one actually intended.
of Claims of the DOJ but was denied on the
A statute should be construed as a whole
ground that while petitioner’s presence at the
because it is not to be presumed that the
scene of the killing was not sufficient to find
him guilty, considering that there was bad blood legislature has used any useless words, and
between him and the deceased as a result of because it is dangerous practice to base the
land dispute and that the convicted murderer is construction upon only a part of it, since one
a relative, there was basis for finding that he portion may be qualified by other portions.
was probably guilty.
JMM Promotions and Management, Inc. vs
Petitioner questions the basis of the
National Labor Relations Commission
respondent’s ruling that to be able to recover
under the law, the claimant must on appeal be FACTS: Respondent cited the 2nd paragraph of
found to be an innocent of crimes of which he Art. 223 of Labor Code, which provides that in
was convicted in the trial court. He argues that judgment involving monetary award, an appeal
the provision in Sec 3 is clear and does not call by employer may be perfected only upon
for interpretation. The mere fact that the posting of a cash or surety bond issued by
claimant was imprisoned for a crime which he reputable bonding company duly accredited by
was acquitted of is already unjust in itself. Commission in the amount equivalent to the
ISSUE: WON the term “unjustly accused, monetary award in the judgment appealed from.
convicted, imprisoned but subsequently
released by virtue of a judgment of acquittal” SPIRIT AND PURPOSE OF THE LAW
refer to all kinds of accusation and conviction. When the interpretation of a statute according
RULING: Petitioner’s contention has no merit. to the exact and literal import of its words
It would require that every time an accused is would lead to absurd consequences or would
acquitted, he must be given compensation on
contravene the manifest purpose of the
legislature, it should be construed according to
its spirit and reason, disregarding or
modifying, the strict letter of the law.

When the reason of the law ceases, the law

itself ceases.
Doctrine of necessary implications.
What is implied in a statute is as much a
part thereof as that which is expressed.

CASUS OMISSUS

When a statute makes specific provisions in

regard to several enumerated cases or objects,
but omits to make any provision for a case or
object analogous to those enumerated, and is
within the general scope of the statute, and it
appears that such case or object was omitted
by inadvertence or because it was overlooked
or unforeseen, it is called a “casus omissus”.
Such omissions or defects CANNOT be
supplied by the courts.

Rule of “casus omissus pro omisso habendus

est” can apply only if and when the omission
has been clearly established.

STARE DECISIS
It is the doctrine that, when court has once laid
down a principle, and apply it to all future cases
where facts are substantially the same,
regardless of whether the parties and properties
are the same.

Stare Decisis. Follow past precedents and do

not disturb what has been settled. Matters
already decided on the merits cannot be
relitigated again and again.
“Stare decisis et non quieta movere” (follow
past precedents and do not disturb what has
been settled.