This case has been cited 3 times or more.
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2006-06-22 |
PUNO, J. |
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| The Strict Separationist believes that the Establishment Clause was meant to protect the state from the church, and the state's hostility towards religion allows no interaction between the two. According to this Jeffersonian view, an absolute barrier to formal interdependence of religion and state needs to be erected. Religious institutions could not receive aid, whether direct or indirect, from the state. Nor could the state adjust its secular programs to alleviate burdens the programs placed on believers.[29] Only the complete separation of religion from politics would eliminate the formal influence of religious institutions and provide for a free choice among political views, thus a strict "wall of separation" is necessary. [30] | |||||
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2003-08-04 |
PUNO, J. |
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| In primitive times, all of life may be said to have been religious. Every significant event in the primitive man's life, from birth to death, was marked by religious ceremonies. Tribal society survived because religious sanctions effectively elicited adherence to social customs. A person who broke a custom violated a taboo which would then bring upon him "the wrathful vengeance of a superhuman mysterious power."[28] Distinction between the religious and non-religious would thus have been meaningless to him. He sought protection from all kinds of evil - whether a wild beast or tribe enemy and lightning or wind - from the same person. The head of the clan or the Old Man of the tribe or the king protected his wards against both human and superhuman enemies. In time, the king not only interceded for his people with the divine powers, but he himself was looked upon as a divine being and his laws as divine decrees.[29] | |||||
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2001-09-04 |
QUISUMBING, J. |
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| A comparison of the old Central Bank Act and the new Bangko Sentral's charter repealing the former show that in consonance with the general objective of the old law and the new law "to maintain internal and external monetary stability in the Philippines and preserve the international value of the peso,"[31] both the repealed law and the repealing statute contain a penal clause which sought to penalize in general, violations of the law as well as orders, instructions, rules, or regulations issued by the Monetary Board. In the case of the Bangko Sentral, the scope of the penal clause was expanded to include violations of "other pertinent banking laws enforced or implemented by the Bangko Sentral." In the instant case, the acts of petitioners sought to be penalized are violations of rules and regulations issued by the Monetary Board. These acts are proscribed and penalized in the penal clause of the repealed law and this proviso for proscription and penalty was reenacted in the repealing law. We find, therefore, that while Section 34 of Republic Act No. 265 was repealed, it was nonetheless, simultaneously reenacted in Section 36 of Republic Act No. 7653. Where a clause or provision or a statute for that matter is simultaneously repealed and reenacted, there is no effect, upon the rights and liabilities which have accrued under the original statute, since the reenactment, in effect "neutralizes" the repeal and continues the law in force without interruption.[32] The rule applies to penal laws and statutes with penal provisions. Thus, the repeal of a penal law or provision, under which a person is charged with violation thereof and its simultaneous reenactment penalizing the same act done by him under the old law, will neither preclude the accused's prosecution nor deprive the court of its jurisdiction to hear and try his case.[33] As pointed out earlier, the act penalized before the reenactment continues to remain an offense and pending cases are unaffected. Therefore, the repeal of Republic Act No. 265 by Republic Act No. 7653 did not extinguish the criminal liability of petitioners for transgressions of Circular No. 960 and cannot, under the circumstances of this case, be made a basis for quashing the indictments against petitioners. | |||||