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Fallo. A Spanish term which refers to the final judgment of the court as expressed in the dispositive portion of its order or decision. Final Judgment. A decision of the court that may no longer be appealed or elevated to a higher court having become final and executory. Final Order
Read the fallo first. Identify the laws involved. Read the decision or ruling of the Court. Read the factual antecedents, if still needed. KNOWING THE MAIN PARTS OF A DECISION. The reason why a law student needs to know the usual or main parts of a decision is to, at least, have a simple map.
When there is a conflict between the dispositive portion or fallo of a decision and the opinion of the court contained in the text or body of the judgment, the former prevails over the latter. An order of execution is based on the disposition, not on the body, of the decision.
In a civil case as well as in a special civil action, the disposition should state whether the complaint or petition is granted or denied, the specific relief granted, and the costs. The following test of completeness may be applied. First, the parties should know their rights and obligations.
Conflict Between the Fallo and the Body of the Order. Instead of remanding the case to the Court of Appeals, the Court will resolve the issue raised by petitioner in order to prevent further delay in the resolution of the case.
THE PEOPLE OF THE PHILIPPINES, RESPONDENT. D E C I S I O N. LAZARO-JAVIER, J.: The Case This petition for review on certiorari[2] seeks to reverse the Decision [3] dated August 29, 2019 of the Court of Appeals in CA-G.R. CR No. 01722-MIN, which affirmed with modification petitioner BBB's conviction for rape by sexual assault.
The fallo of the decision reads: chanRoblesvirtualLawlibrary WHEREFORE, premises considered, the petition is GRANTED. The September 30, 2011 Decision and the February 24, 2012 Omnibus Order of the Regional Trial Court of Manila, Branch 42 in Civil Case No. 11-125644 are REVERSED and SET ASIDE.
