This case has been cited 2 times or more.
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2014-04-08 |
MENDOZA, J. |
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| It has also long been observed, however, that in times of social disquietude or political instability, the great landmarks of the Constitution are apt to be forgotten or marred, if not entirely obliterated.[87] In order to address this, the Constitution impresses upon the Court to respect the acts performed by a co-equal branch done within its sphere of competence and authority, but at the same time, allows it to cross the line of separation but only at a very limited and specific point to determine whether the acts of the executive and the legislative branches are null because they were undertaken with grave abuse of discretion.[88] Thus, while the Court may not pass upon questions of wisdom, justice or expediency of the RH Law, it may do so where an attendant unconstitutionality or grave abuse of discretion results.[89] The Court must demonstrate its unflinching commitment to protect those cherished rights and principles embodied in the Constitution. | |||||
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2014-04-08 |
MENDOZA, J. |
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| The fact that the RH Law does not intrude in the autonomy of local governments can be equally applied to the ARMM. The RH Law does not infringe upon its autonomy. Moreover, Article III, Sections 6, 10 and 11 of R.A. No. 9054, or the organic act of the ARMM, alluded to by petitioner Tillah to justify the exemption of the operation of the RH Law in the autonomous region, refer to the policy statements for the guidance of the regional government. These provisions relied upon by the petitioners simply delineate the powers that may be exercised by the regional government, which can, in no manner, be characterized as an abdication by the State of its power to enact legislation that would benefit the general welfare. After all, despite the veritable autonomy granted the ARMM, the Constitution and the supporting jurisprudence, as they now stand, reject the notion of imperium et imperio in the relationship between the national and the regional governments.[274] Except for the express and implied limitations imposed on it by the Constitution, Congress cannot be restricted to exercise its inherent and plenary power to legislate on all subjects which extends to all matters of general concern or common interest.[275] | |||||