Judgment vs. Opinion of the Court

REMEDIAL LAW QUESTION 2006

What is the difference between a judgment and an opinion of the court?

SUGGESTED ANSWER:

The judgment or fallo is the final disposition of the Court which is reflected in the dispositive portion of the decision. A decision is directly prepared by a judge and signed by him, containing clearly and distinctly a statement of the facts proved and the law upon which the judgment is based (Etoya v. Abraham Singson, Adm. Matter No. RTJ-91-758, September 26, 1994).

An opinion of the court is the informal expression of the views of the court and cannot prevail against its final order. The opinion of the court is contained in the body of the decision that serves as a guide or enlightenment to determine the ratio decidendi of the decision. The opinion forms no part of the judgment even if combined in one instrument, but may be referred to for the purpose of construing the judgment (Contreras v. Felix, G.R. No. L-477, June 30, 1947).