7/28/2019 Villanueva Jr v CA - Obiter Dictum

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Knowledge is power, but only wisdom is liberty

[LEG METH | SANCHEZ | D2017

Date Mar 19 2002

Title Villanueva Jr v Court of Appeals

Ponente J. De Leon

Doctrine Obiter Dictum

FACTS Petitioner is charged with falsification of public documents used in a abor arbitration for illegal dismissal P sought to amend the information to show that he is the offended party in this case granted by RTC

on Oct 1997

After a protracted series of motions and appeals, the CA pronounced in CA-GR SP No 46103 that saidamended information introduced by P is annulled; that petitioner is NOT the offended party, rather it

was IBC 13 (former employer) who was prejudiced since it was them who purchased the fake surety

bond that P produced in the arbitration.

P is now filing for certiorari against said pronouncement on the basis that CA pronouncement was amere obiter dictum

ISSUES

WoN the pronouncement that P is not the offended party is an obiter dictumHELD

PETITION DISMISSED FOR LACKING MERIT

Is the pronouncement that P is not the offended party is an obiter dictum?

o NO. Said pronouncement was a response to the matter raised by the respondents in theamendment of the information sought by petitioner. It has been held that the adjudication o

pertinent questions of law, as in the present case (WoN the information that Villanueva Jr is an

offended party should be admitted), cannot be considered obiter dictum and is thus part of the

ratio decidendi.