Virtucio v Alegarbes, AUTHOR: Alex Jaleco

G.R. No. 187451, August 29, 2012 NOTES:

TOPIC: Judicial Decisions

FACTS: Respondent Alegarbes filed a Homestead Application for a 24-hectare tract of unsurveyed land situated in
Basilan. His application was approved however years after, the land was subdivided into three (3) lots Lot Nos. 138,
139 and 140, Pls-19 as a consequence of a public land subdivision. Lot 139 was allocated to Custodio, while Lot 140
was allocated to petitioner Jesus Virtucio (Virtucio). Alegarbes opposed the homestead applications filed by Custodio and
Virtucio, claiming that his approved application covered the whole area, including Lot Nos. 139 and 140. The RTC ruled in
favor of Vitrucio that he is in possession of Lot 140. However, the CA reversed the decision of the RTC and ruled that
Alegarbes is in possession of Lot 140. Thus, Vitrucio sought to reverse the ruling of CA on the ground that The Court of
Appeals gravely erred in disregarding the decision in CA-G.R. CV-26286 for Recovery of Possession and Ownership,
Custodio vs. Alegarbes which contains same factual circumstances as in this case and ruled against JOSE ALEGARBES.

ISSUE(S): WON the decision in Custodio vs. Alegarbes should apply as stare decisis to the present case.
HELD: No.

RATIO:
- It must be noted that the subject property in the said case was Lot 139 allocated to Custodio and that Virtucio was
not a party to that case. The latter cannot enjoy whatever benefits said favorable judgment may have had just
because it involved similar factual circumstances. Moreover, it is settled that a decision of the CA does not
establish judicial precedent. "The principle of stare decisis enjoins adherence by lower courts to doctrinal rules
established by this Court in its final decisions. It is based on the principle that once a question of law has been
examined and decided, it should be deemed settled and closed to further argument."
CASE LAW/ DOCTRINE:
Only final decisions of this Court are considered precedents.
DISSENTING/CONCURRING OPINION(S):