This case has been cited 4 times or more.
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2015-01-21 |
LEONARDO-DE CASTRO, J. |
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| On the requirement of identity of parties, Erap was the defendant in all four cases. While the petitioners in these cases were not the same persons, all of them represented the same interest as citizens of voting age filing their petitions to ensure that Erap, an election candidate, is declared not qualified to run and hold office. Notably, Rule 25, Section 2 of the COMELEC Rules of Procedure[129] requires a prospective petitioner to be a citizen of voting age, or a duly registered political party, to file a petition for disqualification, regardless of the position the candidate sought to be disqualified aspires for. | |||||
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2015-01-21 |
LEONARDO-DE CASTRO, J. |
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| Lastly, even if it were to be granted that this statement articulated a rule, this statement, made in 1989, must be deemed to have been abandoned, in light of this court's more recent pronouncements in 1997, in People v. Casido,[160] and in 2000, in People v. Patriarca[161] which cited with approval this court's statement in Barrioquinto v. Fernandez[162] that:[p]ardon looks forward and relieves the offender from the consequences of an offense of which he has been convicted, that is, it abolishes or forgives the punishment, and for that reason it does 'not work the restoration of the rights to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon,' and it 'in no case exempts the culprit from the payment of the civil indemnity imposed upon him by the sentence'.[163] (Emphasis supplied) | |||||
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2004-05-19 |
PER CURIAM |
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| Thus, appellant's motive to sexually assault and kill the victim was evident in the instant case. It is a rule in criminal law that motive, being a state of mind, is established by the testimony of witnesses on the acts or statements of the accused before or immediately after the commission of the offense, deeds or words that may express it or from which his motive or reason for committing it may be inferred.[51] | |||||