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PHILIPPINE ASSOCIATION OF SERVICE EXPORTERS v. RUBEN D. TORRES

This case has been cited 2 times or more.

2014-07-18
BRION, J.
EO No. 205 was issued by President Corazon Aquino on June 30, 1987.  Under Section 6, Article 18 of the 1987 Constitution, the incumbent President shall continue to exercise legislative powers until the first Congress is convened.  The Congress was convened only on July 27, 1987.[30] Therefore, at the time of the issuance of EO No. 205, President Aquino was still exercising legislative powers. In fact, the intent to regard EO No. 205 as a law is clear under Section 7 thereof which provides for the repeal or modification of all inconsistent laws, orders, issuances and rules and regulations, or parts thereof.
2005-08-22
TINGA, J.
On the other hand, NDC asserts that it could not have acquired GALLEON's equity and, consequently, its liabilities because LOI No. 1155 had been rescinded by LOI No. 1195, and therefore, became inoperative and non-existent. Moreover, NDC, relying on the pronouncements in Philippine Association of Service Exporters, Inc. et al. v. Ruben D. Torres[25] and Parong, et al. v. Minister Enrile,[26] is of the opinion that LOI No. 1155 does not have the force and effect of law and cannot be a valid source of obligation.[27] NDC denies POLIAND's contention that it deliberately prevented the execution of the share purchase agreement considering that Cuenca remained GALLEON's president seven months after the signing of the Memorandum of Agreement.[28] NDC contends that the Memorandum of Agreement was a mere preliminary agreement between Cuenca and Ongpin for the intended purchase of GALLEON's equity, prescribing the manner, terms and conditions of said purchase.[29]