This case has been cited 5 times or more.
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2010-12-07 |
MENDOZA, J. |
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| In Executive Order No. 1, however, there is no inadvertence. That the previous administration was picked out was deliberate and intentional as can be gleaned from the fact that it was underscored at least three times in the assailed executive order. It must be noted that Executive Order No. 1 does not even mention any particular act, event or report to be focused on unlike the investigative commissions created in the past. "The equal protection clause is violated by purposeful and intentional discrimination."[103] | |||||
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2010-12-07 |
MENDOZA, J. |
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| Like almost all powers conferred by the Constitution, the power of judicial review is subject to limitations, to wit: (1) there must be an actual case or controversy calling for the exercise of judicial power; (2) the person challenging the act must have the standing to question the validity of the subject act or issuance; otherwise stated, he must have a personal and substantial interest in the case such that he has sustained, or will sustain, direct injury as a result of its enforcement; (3) the question of constitutionality must be raised at the earliest opportunity; and (4) the issue of constitutionality must be the very lis mota of the case.[19] | |||||
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2010-04-20 |
LEONARDO-DE CASTRO, J. |
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| In the more recent case of Tondo Medical Center Employees Association v. Court of Appeals,[23] which involved a structural and functional reorganization of the Department of Health under an executive order, we reiterated the principle that the power of the President to reorganize agencies under the executive department by executive or administrative order is constitutionally and statutorily recognized. We held in that case: This Court has already ruled in a number of cases that the President may, by executive or administrative order, direct the reorganization of government entities under the Executive Department. This is also sanctioned under the Constitution, as well as other statutes. | |||||
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2010-04-20 |
LEONARDO-DE CASTRO, J. |
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| It is worth mentioning that a Manifestation of Desistance,[9] to which the previously mentioned Affidavit of Desistance[10] was attached, was filed by the President of the National Printing Office Workers Association (NAPOWA). The said manifestation expressed NAPOWA's opposition to the filing of the instant petition in any court. Even if we take into account the contention of petitioners' counsel that the NAPOWA President had no legal standing to file such manifestation, the said pleading is a clear indication that there is a divergence of opinions and views among the members of the class sought to be represented, and not all are in favor of filing the present suit. There is here an apparent conflict between petitioners' interests and those of the persons whom they claim to represent. Since it cannot be said that petitioners sufficiently represent the interests of the entire class, the instant case cannot be properly treated as a class suit. | |||||
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2009-02-26 |
CARPIO, J. |
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| The Court is not impressed. Article II of the Constitution is entitled Declaration of Principles and State Policies. By its very title, Article II is a statement of general ideological principles and policies. It is not a source of enforceable rights.[23] In Tondo Medical Center Employees Association v. Court of Appeals,[24] the Court held that Sections 5 and 18, Article II of the Constitution are not self-executing provisions. In that case, the Court held that "Some of the constitutional provisions invoked in the present case were taken from Article II of the Constitution specifically, Sections 5 x x x and 18 the provisions of which the Court categorically ruled to be non self-executing." | |||||