Sunday, January 2, 2022

Law of the case



"Xxx.

In any case, petitioners may no longer question the findings of the Sandiganbayan affirmed by the Supreme Court in the Swiss Deposits Decision, as these issues have long become the "law of the case" in the original Petition for Forfeiture. As held in Philippine Coconut Producers Federation, Inc. (COCOFED) v. Republic:42

Law of the case … is a term applied to an established rule that when an appellate court passes on a question and remands the case to the lower court for further proceedings, the question there settled becomes the law of the case upon subsequent appeal. It means that whatever is once irrevocably established as the controlling legal rule or decision between the same parties in the same case continues to be the law of the case, … so long as the facts on which such decision was predicated continue to be the facts of the case before the court.

Otherwise put, the principle means that questions of law that have been previously raised and disposed of in the proceedings shall be controlling in succeeding instances where the same legal question is raised, provided that the facts on which the legal issue was predicated continue to be the facts of the case before the court.

In the case at bar, the same legal issues are being raised by petitioners. In fact, petitioner Marcos Jr. admits outright that what he seeks is a reversal of the issues identical to those already decided by the Court in the Swiss Deposits Decision.43 He may not resuscitate, via another petition for review, the same issues long laid to rest and established as the law of the case.

Xxx."


G.R. No. 189434 April 25, 2012

FERDINAND R. MARCOS, JR. Petitioner,
vs.
REPUBLIC OF THE PHILIPPINES, represented by the Presidential Commission on Good Government, Respondent.

x - - - - - - - - - - - - - - - - - - - - - - - x

G.R. No. 189505

IMELDA ROMUALDEZ-MARCOS, Petitioner,
vs.
REPUBLIC OF THE PHILIPPINES, Respondent.

Link:
https://www.lawphil.net/judjuris/juri2012/apr2012/gr_189434_2012.html