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Gokongwei, Jr. vs. Securities and Exchange Commission, et al. [Supplement to separate opinion]

JOHN GOKONGWEI, JR., petitioner vs. SECURITIES AND EXCHANGE COMMISSION, ANDRES M. SORIANO, JOSE M. SORIANO, ENRIQUE ZOBEL, ANTONIO ROXAS, EMETERIO BUNAO, WALTHRODE B. CONDE, MIGUEL ORTIGAS, ANTONIO PRIETO, SAN MIGUEL CORPORATION, EMIGDIO TANJUATCO, SR.,

G.R. No. L-45911 | 1979-04-11

Supplement to separate opinion
 
JUDGMENT; LAW OF THE CASE. - The doctrine of the law of the case may be invoked only where there has been a final and conclusive determination of an issue in the first case later invoked as the law of the case. It has no application where the judgment in the first case is inconclusive, as where no final and conclusive determination could be reached on account of lack of necessary votes and the case was simply dismissed pursuant to Rule 56, Section 11. It cannot be contended that the Supreme Court is dismissing the petition for lack of necessary votes had directly ruled on the issue presented when it...