would be no end to litigation. (See Rule 36 for Exceptions) Res Judicata vs. Law of the Case vs. Stare Decisis (Ayala Corp. v. Rosa-Diana Realty & Dev't Corp., G.R. No. 134284, December 1, 2000) EMT Operates only in the particular and_ single case where the ruling arises and is not carried info other | cases as a precedent. EET The ruling in one case is carried over to another case between the same parties. Law of the case The ruling adhered to ‘in the particular case need not be valloyed as a precedent) /in subsequent n between other pagtigs! SEs ‘Once a point of law.h been established » the court, that pe law will, gene followed" by the same court and by diltcour® neither by the appellate of lower. rank. court which made the} subsequent | cé decision followed onca-} where the_same_legal subsequent appeal in| Issue is faised the same case, nor by.) nny other court. SECTION 48: EFFECT OF FOREIGN JUDGMENT OR FINAL ORDERS \ Pul Policy Principle = ‘A judgment by a court is enforceable only within its territorial jurisdiction. Effect of Foreign Judgments: Provided that the foreign tribunal had jurisdiction 1. In case of judgment against a the judgment is conclusive. thing; or 2. In case of a judgment agains! interest by a subsequent ttle. Note: The judgment of foreign tribunal cariao enforced by execution in the Philippines. Such judgment only creates a right of action and its non- Satisfaction, @ cause of action, and itis necessary that @ suit be brought upon said foreign judgment in our local courts (BPI Securities Corp. v. Guevara, G.R. No. 167052, March 11, 2016). Judgments of foreign courts may only be enforced in the Philippines through an action validly heard in the RTC. Thus, it is actually the judgment of the Philippine Court enforcing the foreign judgment that shall be executed (U.P. Law Complex, Suggested ee fo the 2007 Bar Examination in Remedial foreign arbitral award Canin ee tin and. Philippines under the rules on the recognition and ‘enforcement of foreign judgments. A foreign arbitral ‘award is not a foreign judgment, and pursuant to the ‘Alternative Dispute Resolution Act of 2004 (R.A. 9285), in relation to 1958 New York Convention of the Recognition and Enforcement of Foreign Arbitral ‘Awards, the recognition and enforcement of the foreign arbitral awards shall be in accordance with the ules of procedure promulgated by the Supreme Court. At present, the SC is yet to promulgate rules of procedure on the subject matter (U.P. Law Complex, Suggested Answers to the 2007 Bar Examination in Remedial Law). Where to file: it upon the foreign judgment is considered as incopa -of pecuniary estimation and therefore “it must be f e RTC. 3 figmept (a) an ordinary-act Be may, be filed in\gourt; or (b) it may be (pleaded. in-an\angwer or a motion to dismiss (2 HERRERA, supra at 531), | 4 Note: In both instances; the judgment may be repelled by evidence. of (JN. CFC) 4. Want of Jurisdiction: 2. Want of Notice: 3. Gollusion; 7 4. Fraud; or 7 5. Clear mistake 6 Jawror fact. s APPEAL “Thige Modest Appeal: 1. Ofdinary Appeal (ROC, RULE 40 and 41) 2) Naticd, of appeal gid on’ appeal Review (ROC, RULE 42) Certiorari (ROC, RULE 45) Outline of Modes of Appeal ec reviewed —> rr eg MTC —> RTC rrr Ceoeg eX Cas Ree Pete Notice of appeal Que: of law or Record on fact or appeal filed both with the court (ROC, of origin RULE 41, (MTC). Copies Sec. 6) of the notice _ SaN BeDa Couect oF LAW 459 2017 Centratizeo BAR OPERATIONSof appeal and record shall be served upon the appellee. Docket fees shall be paid to the clerk of, court of the MTC (ROC, RULE 40, Sec.5) Notice of RTC (exercising | appeal/Record original on appeal jurisdiction) — filed with the | CA of the Pe / of appeal ands record shall be served upon the appellee Docket fees shall be paid to the clerk of court of the RTC (ROC, RULE 41, Sec. 4). Verified Petition for Review filed with the CA. Questions of law and fact (ROG, | should be filed - | directly ly with the ‘SC under (exercising) appellate fa jurisdiction; with a CA CA the appellee. deposit for casts shall be paid,to the » Glerk-of court concerned and on the appellee. Docket and other lawful fees and P500 deposit for costs shail be paid to the clerk of court of the SC (ROC, Rule 45, Sec. 3).Notice of appeal (in criminal cases where the penalty imposed is death, reclusion perpetuia or lite imprisonment (ROC, RULE of | Period to appellant's Habeas Corpus ~ notice of appeal is filed within 48 hours | from notice of judgment or denial of MR/MNT. Petition —_for review ~ within 15 days from notice of the decision sought reviewed 1 of denial of petitioners MR/MNT. to ve Outline of the reglementary periods within which tofile appeals and the extensions allowed SAR vol | May be extended for 15 days upon proper motion and — the | payment of the full amount of the docket | and other lawful fees and deposit for costs before the expiration of the original 15 day period. No further extension shall be granted except for the most compelling | reasons and in no case to exceed 15 days. for | On motion duly filed review on. and served, with full certiorari —| payment of the within 15 days | docket and other from notice of lawful fees and the the award, | deposit for costs judgment, final before the expiration order or of the original 15 day resolution, or | period, the SC may from the date of | for justifiable reasons its last | grant an extension of publication or | 30 days only withit denial of the which to file the Petition orfers to the Office to the fers, Inc. v. Baying, GR. of the MTC (Rule 40) or inthe exercise of original es, first appeal is not a with the SC. Review of is not a matter of right but of etion, and will only be granted are special and important (ROC, RULE 45, Sec. 6). Nal-Gases, when the RTC imposes death the CA shall automatically review the ent (ROC, RULE 122, Sec. 3, par. (dj). ifthe finds that death penalty should be imposed, CA shall not render judgment but certify and elevate the case to the Supreme Court for review (ROC, RULE 124, Sec. 13, par. (al). Note: Only final judgments or orders can be appealed as distinguished from interlocutory judgments or orders which are not appealable (ROC, RULE 41, Sec.1).