This case has been cited 3 times or more.
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2011-10-18 |
BRION, J. |
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| On the general claim that RA No. 10153 is unconstitutional, we can only reiterate the established rule that every statute is presumed valid.[91] Congress, thus, has in its favor the presumption of constitutionality of its acts, and the party challenging the validity of a statute has the onerous task of rebutting this presumption.[92] Any reasonable doubt about the validity of the law should be resolved in favor of its constitutionality.[93] As this Court declared in Garcia v. Executive Secretary:[94] | |||||
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2008-10-06 |
CHICO-NAZARIO, J. |
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| In Garcia v. Executive Secretary,[29] the Court underlined the importance of the presumption of validity of laws and the careful consideration with which the judiciary strikes down as invalid acts of the legislature:The policy of the courts is to avoid ruling on constitutional questions and to presume that the acts of the political departments are valid in the absence of a clear and unmistakable showing to the contrary. To doubt is to sustain. This presumption is based on the doctrine of separation of powers which enjoins upon each department a becoming respect for the acts of the other departments. The theory is that as the joint act of Congress and the President of the Philippines, a law has been carefully studied and determined to be in accordance with the fundamental law before it was finally enacted. | |||||
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2007-01-31 |
QUISUMBING, J. |
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| Respondents state, however, that there were yet no implementing rules and guidelines by the NTC or any administrative agency to carry into effect the requirement imposed by Section 21 of Rep. Act No. 7925. Hence, according to respondents, petitioner's apprehension of an administrative sanction was merely conjectural and anticipatory. Citing Garcia v. Executive Secretary,[9] they argue that under the circumstances, there is no justiciable controversy ripe for judicial determination. Respondents also contend that courts do not have the power to order the suspension of the application of a law or its provision especially where there is no constitutional challenge to such legal provision. They assert that the NTC has the power and authority to implement Rep. Act No. 7925, hence they aver that the issue of suspension or deferment of the initial public offering for telecommunication companies is best left to its sound judgment. | |||||