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ALEX L. DAVID v. COMELEC

This case has been cited 4 times or more.

2012-04-25
SERENO, J.
Paquito was released on the same night, because he was deemed to have been able to comply with the requirements to possess and carry firearm.[10] Thereafter, Aguillon was detained at the police station, but was released from custody the next day, 7 August 2008, after he posted a cash bond in the amount of P80,000. The present Petition does not state under what circumstances or when Padilla was released.
2009-09-10
VELASCO JR., J.
Petitioners' beef against the TIM-Smartmatic JVA is untenable. First off, the Comelec knows the very entities whom they are dealing with, which it can hold solidary liable under the automation contract, should there be contract violation. Secondly, there is no requirement under either RA 8436, as amended, or the RFP, that all the suppliers, manufacturers or distributors involved in the transaction should be part of the joint venture. On the contrary, the Instruction to Bidders--as petitioners themselves admit[60]--allows the bidder to subcontract portions of the goods or services under the automation project.[61]
2009-03-17
PERALTA, J.
Sec. 8. The term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years, and no such official shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. David v. Commission on Elections[5] elucidates that the Constitution did not expressly prohibit Congress from fixing any term of office for barangay officials, thereby leaving to the lawmakers full discretion to fix such term in accordance with the exigencies of public service. The discussions in the Constitutional Commission showed that the term of office of barangay officials would be "[a]s may be determined by law," and more precisely, "[a]s provided for in the Local Government Code."[6] Section 43(b) of the Local Government Code provides that barangay officials are covered by the three-term limit, while Section 43(c)[7] thereof states that the term of office of barangay officials shall be five (5) years. The cited provisions read, thus:Sec. 43. Term of Office. - x x x
2007-08-28
CORONA, J.
Implied repeals, however, are not favored. An implied repeal must have been clearly and unmistakably intended by the legislature. The test is whether the subsequent law encompasses entirely the subject matter of the former law and they cannot be logically or reasonably reconciled.[33]