This case has been cited 6 times or more.
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2011-10-18 |
BRION, J. |
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| The grant of legislative power to Congress is broad, general and comprehensive.[39] The legislative body possesses plenary power for all purposes of civil government.[40] Any power, deemed to be legislative by usage and tradition, is necessarily possessed by Congress, unless the Constitution has lodged it elsewhere.[41] Except as limited by the Constitution, either expressly or impliedly, legislative power embraces all subjects and extends to all matters of general concern or common interest.[42] | |||||
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2005-09-01 |
AUSTRIA-MARTINEZ, J. |
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| Let us likewise disabuse our minds from the notion that the judiciary is the repository of remedies for all political or social ills; We should not forget that the Constitution has judiciously allocated the powers of government to three distinct and separate compartments; and that judicial interpretation has tended to the preservation of the independence of the three, and a zealous regard of the prerogatives of each, knowing full well that one is not the guardian of the others and that, for official wrong-doing, each may be brought to account, either by impeachment, trial or by the ballot box.[100] The words of the Court in Vera vs. Avelino[101] holds true then, as it still holds true now. All things considered, there is no raison d'être for the unconstitutionality of R.A. No. 9337. | |||||
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2004-01-27 |
CARPIO MORALES, J. |
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| The opinion of another member of the CONCOM is persuasive[240] and leaves no doubt as to the intention of the framers to eliminate service contracts altogether. He writes:Paragraph 4 of Section 2 specifies large-scale, capital-intensive, highly technological undertakings for which the President may enter into contracts with foreign-owned corporations, and enunciates strict conditions that should govern such contracts. x x x. | |||||
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2004-01-20 |
YNARES-SATIAGO, J. |
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| Courts should not, by construction, revise even the most arbitrary and unfair action of the legislature, nor rewrite the law to conform with what they think should be the law.[19] Nor may they interpret into the law a requirement which the law does not prescribe.[20] Where a statute contains no limitations in its operation or scope, courts should not engraft any.[21] And where a provision of law expressly limits its application to certain transactions, it cannot be extended to other transactions by interpretation.[22] To do any of such things would be to do violence to the language of the law and to invade the legislative sphere.[23] | |||||
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2003-11-10 |
CARPIO MORALES, J. |
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| We further explained that the power and duty of courts to nullify, in appropriate cases, the actions of the executive and legislative branches does not mean that the courts are superior to the President and the Legislature. It does mean though that the judiciary may not shirk "the irksome task" of inquiring into the constitutionality and legality of legislative or executive action when a justiciable controversy is brought before the courts by someone who has been aggrieved or prejudiced by such action. It is "a plain exercise of judicial power, the power vested in courts to enable them to administer justice according to law. x x x It is simply a necessary concomitant of the power to hear and dispose of a case or controversy properly before the court, to the determination of which must be brought the test and measure of the law."[62] | |||||
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2000-08-15 |
KAPUNAN, J. |
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| traditionally "civil" functions. As correctly pointed out by the Solicitor General, some of the multifarious activities wherein military aid has been rendered, exemplifying the activities that bring both the civilian and the military together in a relationship of cooperation, are: Elections;[42] Administration of the Philippine National Red Cross;[43] Relief and rescue operations during calamities and disasters;[44] Amateur sports promotion and development;[45] Development of the culture and the arts;[46] Conservation of natural resources;[47] Implementation of the agrarian reform program;[48] Enforcement of customs laws;[49] Composite civilian-military law enforcement activities;[50] Conduct of licensure examinations;[51] Conduct of nationwide tests for elementary and high school students;[52] Anti-drug enforcement activities;[53] Sanitary inspections;[54] Conduct of census work;[55] Administration of the Civil Aeronautics Board;[56] Assistance in installation of weather forecasting devices;[57] Peace and order policy formulation in local government units.[58] This unquestionably constitutes a gloss on executive power resulting from a systematic, unbroken, executive practice, long pursued to the knowledge of Congress and, yet, never before questioned.[59] What we have here is mutual support and cooperation | |||||