Are CA decisions laws?


QUESTION: Are decisions of the Court of Appeals considered laws?

No, generally, decisions of the Court of Appeals (CA) are not considered laws or part of the legal system.

Under the Civil Code, "Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines." The term "judicial decisions" refers to decisions of the Supreme Court.

However, in Miranda v. Imperial, it was ruled that decisions of the CA may serve as precedents for inferior courts on points of law not covered by any Supreme Court decision, and a ruling of the Court of Appeals may become a doctrine.

According to Paras, decisions of the CA merely have persuasive effect; they have no mandatory effect. However, a conclusion or pronouncement which covers a point of law still undecided may still serve as judicial guide and it is possible that the same may be raised to the status of doctrine if, after it has been subjected to test in the crucible of analysis, the Supreme Court should find that it has merits and qualities sufficient for its consideration as a rule of jurisprudence.

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