This case has been cited 1 times or more.
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2010-06-22 |
BERSAMIN, J. |
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| The usage of "No" in Section 8 - "No change of names or alteration of the order of nominees shall be allowed after the same shall have been submitted to the COMELEC except in cases where the nominee dies, or withdraws in writing his nomination, or becomes incapacitated, in which case the name of the substitute nominee shall be placed last in the list" - renders Section 8 a negative law, and is indicative of the legislative intent to make the statute mandatory. Prohibitive or negative words can rarely, if ever, be directory, for there is but one way to obey the command "thou shall not," and that is to completely refrain from doing the forbidden act,[38] subject to certain exceptions stated in the law itself, like in this case. | |||||