Escolar Documentos
Profissional Documentos
Cultura Documentos
Facts:
On
27
January
1993,
private
respondent
from
legal
process
except
for
The
Bank's
Headquarters
(the
"Headquarters Agreement").
1. Under
the
Charter
and
Headquarters
time,
rendered
decision
in
favor
When
DFA failed
to
obtain
performed
by
them
in
their
official
granting
privileges
are
commitments
Philippine
these
immunities
treaty
voluntarily
government
covenants
assumed
which
and
and
by
the
must
be
respected.
Being an international organization that has
been extended a diplomatic status, the ADB is
independent of the municipal law. "One of the
basic
immunities
organization
is
of
an
immunity
international
from
local
legal
writs
and
processes
issued
by
the
its
responsibilities
impartially
on
institutions
covered
by
diplomatic
immunities,
There
are
two
conflicting
concepts
of
the
determination
credibility
The DFA
keep
government
regarded.
gestionis.
In
our
the
when
before
of
which,
the
Philippine
international
country, this
agreements
task falls
business
or
trade,
the
particular
act
or
sued
in
an
American
court
requests
the
allowed
the
said
Department
to
file
its
of sovereign immunity.
immunity.
foreign
government
organization
to
first
or
the
secure
international
an
executive
4. Yes.
courts
Catholic
varies.
In
International
Relative
to
the
propriety
of
the
Solicitor
'suggestion'
General
in
embodied
the
manifestation
and
(DFA
vs
NLRC, G.R.
No.
113191,
18
September 1996)
Judge
Romeo
N.
Firme
ordered
defendants
courts order.
of Hagonoy is valid.
limit
Municipality.
claimants
action
"only
up
to
the
law.
Dissolve
objects.
and/or
Preliminary
Discharge
Attachment
the
already
Writ
of
issued,
The
functions
and
public
services
Sabili vs COMELEC
Facts:
1. COMELEC denied Sabilis Certificate of Candidacy
for mayor of Lipa due to failure to comply with the
one year residency requirement.
2. When petitioner filed his COC1 for mayor of Lipa
City for the 2010 elections, he stated therein that he
had been a resident of the city for two (2) years and
eight (8) months.
3. However, it is undisputed that when petitioner filed
his COC during the 2007 elections, he and his family
were then staying at his ancestral home in Barangay
(Brgy.) Sico, San Juan, Batangas.
4.
5.
6.
7.
8.
9.
Issues:
1. Whether the COMELEC committed grave abuse of
discretion in holding that Sabili failed to prove
compliance with the one-year residency requirement
for local elective officials.
Ruling:
1. As a general rule, the Court does not ordinarily
review the COMELECs appreciation and evaluation
of evidence. However, exceptions thereto have been
established, including when the COMELEC's
appreciation and evaluation of evidence become so
grossly unreasonable as to turn into an error of
jurisdiction. In these instances, the Court is
compelled by its bounden constitutional duty to
intervene and correct the COMELEC's error.
2. As a concept, "grave abuse of discretion" defies exact
definition; generally, it refers to "capricious or
whimsical exercise of judgment as is equivalent to
lack of jurisdiction;" the abuse of discretion must be
patent and gross as to amount to an evasion of a
positive duty
3. Mere abuse of discretion is not enough; it must be
grave. We have held, too, that the use of wrong or
irrelevant considerations in deciding an issue is
4.
5.
6.
7.
11.
Aldovino VS COMELEC
12. FACTS:
13. Lucena City councilor Wilfredo F. Asilo was elected
to the said office for three consecutive terms: 19982001, 2001-2004, and 2004-2007. In September 2005,
during his third term of office, the Sandiganbayan
issued an order of 90-day preventive suspension
against him in relation to a criminal case. The said
suspension order was subsequently lifted by the
Court, and Asilo resumed the performance of the
functions of his office.
14. Asilo then filed his certificate of candidacy for the
same position in 2007. His disqualification was
sought by herein petitioners on the ground that he
17.
18. RULING:
19. NO. The preventive suspension of public officials
does not interrupt their term for purposes of the
20.
21. The candidacy of Lucena City Councilor Wilfredo F.
Asilo for a fourth term in the 2007 elections was in
contravention of the three-term limit rule of Art. X,
Talaga vs COMELEC
b)
Any person holding an elective
office or position shall not be
considered resigned upon the filing of
his certificate of candidacy for the
same or any other elective office or
position.
SEC. 5. Period for filing Certificate of
Candidacy.- The certificate of candidacy
shall be filed on regular days, from
November 20 to 30, 2009, during office
hours, except on the last day, which shall be
until midnight.
Alarmed that they will be deemed ipso facto
resigned from their offices the moment they file
their CoCs, petitioners Eleazar P. Quinto and
Gerino A. Tolentino, Jr., who hold appointive
positions in the government and who intend to
run in the coming elections,5 filed the instant
petition for prohibition and certiorari, seeking the
declaration of the afore-quoted Section 4(a) of
Resolution No. 8678 as null and void.
ISSUES:
1.
Do petitioners have locus standi?
2.
Do the second proviso in paragraph
3, Section 13 of RA 9369, Section 66 of
the Omnibus Election Code, and Section
4(a) of RA 8678 violate the equal
protection clause?
HELD:
1.
The transcendental nature and
paramount importance of the issues
raised and the compelling state interest
involved in their early resolution the
period for the filing of CoCs for the 2010
elections has already started and
hundreds of civil servants intending to
run for elective offices are to lose their
employment, thereby causing imminent
and irreparable damage to their means
of livelihood and, at the same time,
crippling the government's
manpowerfurther dictate that the Court
must, for propriety, if only from a sense
of obligation, entertain the petition so as
to expedite the adjudication of all,
especially the constitutional, issues.
The Court, nevertheless, finds that, while
petitioners are not yet candidates, they
have the standing to raise the
constitutional challenge, simply because
they are qualified voters. A restriction on
candidacy, such as the challenged
Mitra vs COMELEC
Certificate of candidacy; residency requirement.
The Omnibus Election Code provides that a
certificate of candidacy may be denied due
course or cancelled if there is any false
representation of a material fact.
The critical material facts are those that refer to a
candidates qualifications for elective office, such as
his or her citizenship and residence.
The false representation must be a deliberate
attempt to mislead, misinform, or hide a fact
that would otherwise render a candidate
ineligible.
Given the purpose of the requirement, it must
be made with the intention to deceive the
electorate as to the would-be candidates
qualifications for public office.
Thus, the misrepresentation cannot be the result of a
mere innocuous mistake, and cannot exist in a
situation where the intent to deceive is patently
absent, or where no deception on the electorate
results.
The foregoing are the legal standards by which the
COMELEC must act on a petition to deny due course
or to cancel a certificate of candidacy.
Thus, in considering the residency of a candidate as
stated in the certificate of candidacy, the COMELEC
must determine whether or not the candidate
deliberately attempted to mislead, misinform or hide
a fact about his or her residency that would
otherwise render him or her ineligible for the position
sought.
Facts:
-
RATIO:
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NOTES:
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