Sunday, January 1, 2012

Fallo

The general rule is that where there is a conflict between the dispositive portion or the fallo and the body of the decision, the fallo controls. This rule rests on the theory that the fallo is the final order while the opinion in the body is merely a statement ordering nothing. However, where the inevitable conclusion from the body of the decision is so clear as to show that there was a mistake in the dispositive portion, the body of the decision will prevail (ASIAN CENTER FOR CAREER AND EMPLOYMENT SYSTEM AND SERVICES, INC. vs. NATIONAL LABOR RELATIONS COMMISSION, G.R. No. 131656. October 12, 1998).

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