This case has been cited 2 times or more.
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2006-03-24 |
CHICO-NAZARIO, J. |
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| Respondent Judge's observation is erroneous. It is crystal clear from B.P. Blg. 129, as amended by Republic Act No. 7691, that what must be determined to be capable or incapable of pecuniary estimation is not the cause of action, but the subject matter of the action.[9] A cause of action is "the delict or wrongful act or omission committed by the defendant in violation of the primary rights of the plaintiff."[10] On the other hand, the "subject matter of the action" is "the physical facts, the thing real or personal, the money, lands, chattels, and the like, in relation to which the suit is prosecuted, and not the delict or wrong committed by the defendant."[11] | |||||
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2003-11-10 |
CARPIO MORALES, J. |
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| With due respect, I cannot take the extreme position of judicial restraint that always defers on the one hand, or judicial activism that never defers on the other. I prefer to take the contextual approach of the coordinacy theory which considers the constitution's allocation of decision-making authority, the constitution's judgments as to the relative risks of action and inaction by each branch of government, and the fears and aspirations embodied in the different provisions of the constitution. The contextual approach better attends to the specific character of particular constitutional provisions and calibrates deference or restraint accordingly on a case to case basis. In doing so, it allows the legislature adequate leeway to carry out their constitutional duties while at the same time ensuring that any abuse does not undermine important constitutional principles.[88] | |||||