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GUALBERTO J. DELA LLANA v. CHAIRPERSON

This case has been cited 3 times or more.

2014-09-02
PERALTA, J.
Respondent claims that certiorari and prohibition are not the proper remedies that petitioners have taken to question the assailed Resolutions of the Comelec. Technically, respondent may have a point. However, considering the very important and pivotal issues raised, and the limited time, such technicality should not deter the Court from having to make the final and definitive pronouncement that everyone else depends for enlightenment and guidance. "[T]his Court has in the past seen fit to step in and resolve petitions despite their being the subject of an improper remedy, in view of the public importance of the issues raised therein.[27]
2013-04-11
SERENO, C.J.
We come now to the crux of the dispute: the validity of the creation of the SAT. Much as the procedural discussion already leads this Court to a conclusion, in the interest of justice and in consideration of the manifest desire of both parties to have the matter dealt with in this forum, it shall rule on the validity of the SAT, notwithstanding the procedural infirmities of the original Petition in the CA. This power is vested in this Court when so required by the exigencies of the case.[86] The exercise of this power is especially important in this case, because the justification of GSIS for directly seeking court intervention is based on the alleged invalidity of the SAT's creation. Considering that court intervention must be put to an end, and that the question has its roots in the powers of a constitutional commission, we rule on the merits of the case.
2012-06-13
PERALTA, J.
On June 9, 2009, the Comelec issued Resolution No. 8608 awarding the contract for the Project to respondent Smartmatic-TIM.[4] On July 10, 2009, the Comelec and Smartmatic-TIM entered into a Contract for the Provision of an Automated Election System for the May 10, 2010 Synchronized National and Local Elections,[5] (AES Contract, for brevity). The contract between the Comelec and Smartmatic-TIM was one of "lease of the AES with option to purchase (OTP) the goods listed in the contract." In said contract, the Comelec was given until December 31, 2010 within which to exercise the option.