This case has been cited 2 times or more.
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2007-08-28 |
CHICO-NAZARIO, J. |
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| This certification enjoys the presumption that official duty has been regularly performed and the issuance of the marriage license was done in the regular conduct of official business.[27] The presumption of regularity of official acts may be rebutted by affirmative evidence of irregularity or failure to perform a duty. However, the presumption prevails until it is overcome by no less than clear and convincing evidence to the contrary. Thus, unless the presumption is rebutted, it becomes conclusive. Every reasonable intendment will be made in support of the presumption and, in case of doubt as to an officer's act being lawful or unlawful, construction should be in favor of its lawfulness.[28] Significantly, apart from these, petitioner, by counsel, admitted that a marriage license was, indeed, issued in Carmona, Cavite.[29] | |||||
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2004-03-10 |
DAVIDE JR., CJ. |
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| j) The pendency of other cases in which the accused is under bond. The amount of bail should, therefore, be reasonable at all times. It should be high enough to assure the presence of the accused when required, but no higher than is reasonably calculated to serve this purpose. Excessive bail shall not be required.[29] In implementing this mandate, the accused's financial capability should particularly be considered. What is reasonable to a wealthy person may not be so to a man charged with a like offense. Where the right to bail exists, it should not be rendered nugatory by requiring a sum that is excessive.[30] | |||||