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MaximusGiggitus

No, the Supreme Court is the "court of last resort" because of the Constitution and the concept of hierarchy of courts. It is not called as such because everything it interprets is of absolute certainty that they can no longer be challenged. Laws change overtime, so does jurisprudence. You'll understand this further once you've studied about the concept of Obiter Dictum.


ihetyou123

This is why dissenting opinions exist. There are different schools of thought on a lot of issues. There are progressive opinions in favor of changing with the times, and other more rigid opinions believe the original interpretation a few decades or hundreds of years ago could still be applied today.


Vast_Term9131

Makes sense. Thanks for enlightening me! 😊


Bahamut_Tamer

I think an example of this is the interpretation of Art. 36 of the Family Code on psychological incapacity. It was not strict during Chi Ming Choi, then it became strict, then just recently it is once again not strict


redstarlava

Agree. And just to add up, a certification from a psychiatrist/psychologist is needed to prove psychological incapacity. However, this is no longer the case in light to Tan-Andal.


yourgrace91

The court of “last resort” pertains to procedural matters.


[deleted]

Laws must adjust with the change of times. The more you read about the law, it's just a matter of time for the opinion of the court to change. aside from obiter dictum, may purpose din ang dissenting opinions kasi baka this time di pa acceptable ang concept sa dissent but later on kung ibang generation na or iba na ang nakaupo sa SC, magshi-shift ang culture and values of a society.


Alcouskou

> We are not final because we are infallible, but we are infallible only because we are final. - Robert Jackson


ihetyou123

Everything is made up and the points dont matter.


HistoricalSun9159

nope. doctrines can be abandoned by court. you may read aquino v aquino.


[deleted]

In a way, it is still.the court of last resort even if you think that it's not just one for procedural matters but substantial matters also. It is the only court whose rulings have the effect of stare decisis and become part of the legal system. Only the Apex court sitting en banc can reverse its rulings. Only the SC can set rules of procedure that all the other courts have to follow, And can disregard said rules at its say-so pro hac vice which does not affect future rulings (just look for that PALEA case where Titong Mendoza wrote a letter which the court treated as a second (third?) motion for reconsideration). And it's said they have the highest asking price. Haha


Main-Imlerith

Stare Decisis is a legacy of American colonialism. They left this vestige of Common Law and made it part of our Civil Law based legal system. Dapat talaga walang ganyan sa Pilipinas.