You're currently signed in as:
User

CORDILLERA BROAD COALITION v. COA

This case has been cited 4 times or more.

2013-12-03
DEL CASTILLO, J.
When a party challenges the constitutionality of a law, the burden of proof rests upon him.[1]
2008-07-16
CARPIO, J.
On the other hand, Section 3, Article IV of RA 9054 amending the ARMM Organic Act, provides, "The Regional Assembly may exercise legislative power x x x  except on the following matters: x x x (k) National elections. x x x." Since the ARMM Regional Assembly has no legislative power to enact laws relating to national elections, it cannot create a legislative district whose representative is elected in national elections. Whenever Congress enacts a law creating a legislative district, the first representative is always elected in the "next national elections" from the effectivity of the law.[30]
2005-09-30
TINGA, J.
in any challenge to the constitutionality of a statute, the burden of clearly and unequivocally proving its unconstitutionality always rests upon the challenger. Conversely, failure to so prove will necessarily defeat the challenge.[8] The instant petition falls short of the requirement necessary to overturn the presumption of constitutionality which the questioned provision enjoys. A rider is a provision which is alien to or not germane to the subject or purpose of the bill in which it is incorporated. There are two provisions in the 1987 Constitution which expressly prohibit riders. These are provisions in Article VI of the Constitution, namely Section
2004-11-25
TINGA, J,
A year later, in Cordillera Broad Coalition v. Commission on Audit,[71] the Court, with the same composition, ruled without any dissent that the creation of autonomous regions contemplates the grant of political autonomy an autonomy which is greater than the administrative autonomy granted to local government units. It held that "the constitutional guarantee of local autonomy in the Constitution (Art. X, Sec. 2) refers to administrative autonomy of local government units or, cast in more technical language, the decentralization of government authority…. On the other hand, the creation of autonomous regions in Muslim Mindanao and the Cordilleras, which is peculiar to the 1987 Constitution, contemplates the grant of political autonomy and not just administrative autonomy to these regions."[72]