This case has been cited 3 times or more.
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2010-03-25 |
PEREZ, J. |
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| When the language of the law is clear and explicit, there is no room for interpretation, only application. And if statutory construction be necessary, the statute should be interpreted to assure its being in consonance with, rather than repugnant to, any constitutional command or prescription.[1] It is upon these basic principles that the petition must be granted. | |||||
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2007-06-26 |
TINGA, J. |
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| The above Order was improperly issued by Judge Vianzon. It was, for all intents and purposes, a mere continuation of the 20-day TRO erroneously issued. Indeed, this Court has ruled that a status quo ante order has "the nature of a temporary restraining order."[28] A TRO shall be effective only for a period of 20 days from notice to the party or person sought to be enjoined. During the 20-day period, the judge must conduct a hearing to consider the propriety of issuing a preliminary injunction. If no action is taken by the judge on the application for preliminary injunction within the said 20 days, the TRO would automatically expire on the 20th day by the sheer force of law, no judicial declaration to that effect being necessary. In the instant case, no such preliminary injunction was issued; in fact, as stated in the Order, "the hearing on the propriety on the issuance of the writ of preliminary injunction is still pending," hence, the TRO earlier issued, assuming arguendo that it was indeed validly issued, automatically expired under the aforesaid provision of the Rules of Court. | |||||
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2007-04-24 |
NACHURA, J. |
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| A ballot indicates the voter's will. There is no requirement that the entries in the ballot be written nicely or that the name of the candidate be spelled accurately. In the reading and appreciation of ballots, every ballot is presumed valid unless there is a clear reason to justify its rejection. The object in the appreciation of ballots is to ascertain and carry into effect the intention of the voter, if it can be determined with reasonable certainty.[18] When placed in issue, as in this case, the appreciation of contested ballots and election documents which involves a question of fact, is best left to the determination of the COMELEC. | |||||