This case has been cited 4 times or more.
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2015-06-16 |
CARPIO, J. |
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| In fact, the Executive branch is constantly engaged in legal interpretation in performing its multifarious duties. In instances when the executive interpretation finally reaches the judiciary, the courts may adopt a deferential attitude towards the construction placed on the statute by the executive officials charged with its execution. This reality is what we now know as the doctrine of contemporaneous construction.[78] | |||||
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2011-04-12 |
NACHURA, J. |
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| With three (3) members each from both the Senate and the House of Representatives, particularly the chairpersons of their respective Committees on Local Government, it cannot be gainsaid that the inclusion by the Oversight Committee of the exemption from the land area requirement with respect to the creation of provinces consisting of one (1) or more islands was intended by Congress, but unfortunately not expressly stated in Section 461 of the LGC, and this intent was echoed through an express provision in the LGC-IRR. To be sure, the Oversight Committee did not just arbitrarily and whimsically insert such an exemption in Article 9(2) of the LGC-IRR. The Oversight Committee evidently conducted due deliberation and consultations with all the concerned sectors of society and considered the operative principles of local autonomy as provided in the LGC when the IRR was formulated.[33] Undoubtedly, this amounts not only to an executive construction, entitled to great weight and respect from this Court,[34] but to legislative construction as well, especially with the inclusion of representatives from the four leagues of local government units as members of the Oversight Committee. | |||||
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2011-04-12 |
NACHURA, J. |
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| Verily, the Court had, on several occasions, sanctioned the recall entries of judgment in light of attendant extraordinary circumstances.[23] The power to suspend or even disregard rules of procedure can be so pervasive and compelling as to alter even that which this Court itself had already declared final.[24] In this case, the compelling concern is not only to afford the movants-intervenors the right to be heard since they would be adversely affected by the judgment in this case despite not being original parties thereto, but also to arrive at the correct interpretation of the provisions of the LGC with respect to the creation of local government units. In this manner, the thrust of the Constitution with respect to local autonomy and of the LGC with respect to decentralization and the attainment of national goals, as hereafter elucidated, will effectively be realized. | |||||
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2010-02-10 |
PERALTA, J. |
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| Further, citing Galarosa v. Valencia,[26] the Office of the Solicitor General contends that the IRRs issued by the Oversight Committee composed of members of the legislative and executive branches of the government are entitled to great weight and respect, as they are in the nature of executive construction. | |||||