Case Digest: So v. Republic (G.R. No. 170603)

So v. Republic | G.R. No. 170603 | 29 Jan 2007 | Callejo, Sr. J. | Art IV (Section 1, Par 4) | Petitioners: Edison So Respondents: Republic of the Philippines Recit Ready Summary Herein Petitioner So filed for a Petition for Naturalization under CA No. 473 aka the Revised Naturalization Law.He presented 2 witnesses à fam business lawyer Atty. Adasa & UST classmate Mark Salcedo. RTC granted So’s petition. Respondent Republic of the Phil through OSG said not so fast! Coz SolGen claims na the 2 witnesses So presented did not know him (So) well enough and that they only gave general statements upon being asked about the character and moral conduct of So. CA set aside RTC’s decision. Hence, this present petition. The issue is W/N So qualifies for Philippines Citizenship and the Court said NO. It was wrong for So to claim that that RA 9139 should apply to his case instead of CA No. 473. This is because the latter applied to ALL ALIENS regardless of class while the former applies to nati...
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PH Law Student Tips: Common terms and lingo you need to know

Judicial Opinion / Opinion. A judicial opinion is a court’s reasoned explanation of its decision. It is merely an explanation of reasons for judgment.


En Banc Opinions. A case decided by an entire court. It is the most persuasive opinion in our judicial system, right below a Supreme Court Opinion.


Concurring Opinion. Agreest with the result, but for different reasons.


Dissenting Opinion. Objects to the result of the majority opinion.


Majority Opinion. A majority opinion is one in which more than half the court agrees with the result and the reasoning.


Plurality Opinions. A plurality opinion resolves an appeal in which a majority agrees with the result but not with the reasoning.


Decree. A decree decides a motion or matter that sounds in equity.


Orders. An order is an oral or written court directive on a question of law, as opposed to equity, punishable by contempt if disobeyed.


Rulings. A ruling is a court order made during litigation, and necessarily before judgment.


Judgments. A judgment is the final resolution of an action or proceeding.


Decisions. A decision resolves a motion, application, write, or appeal.


Reversed, Affirmed, Reversed or Affirmed in Part, Remanded.

Rulings and judgments, not rules or reasoning, are affirmed or reversed. Rules and reasonings are followed or not followed.


Affirmed. The decision of a lower court is met with approval by a higher court. If a case has more tha one decision, one can be affirmed and another reversed.


Reversed. The decision of a lower court is reversed.


Remanded. A case is remanded when it is returend to a lower court with directions to redo or reconsider some aspect of the case.


Disapproved. A lower court’s opinion is disapproved, not overturned or overruled, by a later case, not reversed or modified directly.


Upheld / Overturned. A case or issue is upheld or overturned by another later case.


Sustained / Overruled. Courts sustain (allow) or overrule (disallow) objections.


Granted / Denied. Motions are granted or denied.


Modified. Decisions can be modified, meaning the modifications can cover one or more aspect of a determination, but does not reverse the judgment of the court.


Questions of Fact. Inquiries regarding facts. Must be answered by reference to facts.

Questions of Law. Must be answered by applying relevant legal principles, or by an interpretation of the law.


Question of Fact vs. Question of Law

Question of Fact: Did Mrs.. Ronhilda ask Mr. Tan to stop singing?

Question of Law: Is Mrs. Ronhilda’s action of asking Mr. Tan to stop singing a violation of the latter’s right of freedom of expression.



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