This case has been cited 2 times or more.
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2010-08-11 |
VILLARAMA, JR., J. |
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| In addition, the challenge on the constitutionality of the Interim Rules is a new and belated theory that we should not even entertain. It was not raised before the CA. Well settled is the rule that issues not previously ventilated cannot be raised for the first time on appeal.[27] Relatedly, the constitutional question was not raised at the earliest opportunity. The rule is that when issues of constitutionality are raised, the Court can exercise its power of judicial review only if the following requisites are present: (1) the existence of an actual and appropriate case; (2) a personal and substantial interest of the party raising the constitutional question; (3) the exercise of judicial review is pleaded at the earliest possible opportunity; and (4) the constitutional question is the lis mota of the case.[28] In Umali v. Guingona, Jr.,[29] the constitutionality of the creation of the Presidential Commission on Anti-Graft and Corruption was raised in the motion for reconsideration of the RTC's decision. This Court did not entertain the constitutional issue because it was belatedly raised at the RTC. | |||||
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2006-06-26 |
QUISUMBING, J. |
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| In the case of Umali v. Guingona, Jr.,[21] the question of the constitutionality of the creation of the Presidential Commission on Anti-Graft and Corruption (PCAGC) was raised in the motion for reconsideration after the Regional Trial Court of Makati rendered a decision. When appealed, the Court did not entertain the constitutional issue because it was not raised in the pleadings in the trial court. In that case, the Court did not exercise judicial review on the constitutional question because it was belatedly raised and not properly pleaded, thus, it cannot be considered by the Court on appeal. | |||||