This case has been cited 3 times or more.
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2013-06-25 |
PEREZ, J. |
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| For instance, in the case of Dimaporo v. COMELEC,[27] the Court upheld the jurisdiction of the HRET against that of the COMELEC only after the candidate had been proclaimed, taken his oath of office before the Speaker of the House, and assumed the duties of a Congressman on 26 September 2007, or after the start of his term on 30 June 2007, to wit: On October 8, 2007, private respondent Belmonte filed his comment in which he brought to Our attention that on September 26, 2007, even before the issuance of the status quo ante order of the Court, he had already been proclaimed by the PBOC as the duly elected Member of the House of Representatives of the First Congressional District of Lanao del Norte. On that very same day, he had taken his oath before Speaker of the House Jose de Venecia, Jr. and assumed his duties accordingly. | |||||
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2012-02-29 |
PEREZ, J. |
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| Finally, even assuming, only for the sake of argument, that the court a quo correctly observed that the Model Law, not the New York Convention, governs the subject arbitral award,[39] petitioner may still seek recognition and enforcement of the award in Philippine court, since the Model Law prescribes substantially identical exclusive grounds for refusing recognition or enforcement.[40] | |||||
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2009-03-13 |
NACHURA, J. |
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| Well-entrenched in this jurisdiction is the principle that the office of a petition for certiorari is not the correction of simple errors of judgment but capricious and whimsical exercise of judgment amounting to lack of jurisdiction, or arbitrary and despotic exercise of power because of passion or personal hostility.[33] In this regard, the COMELEC did not commit grave abuse of discretion in treating petitioner's case as a pre-proclamation controversy and in excluding the same, due to lack of merit, from the list annexed to Resolution No. 8212. This is consistent with the policy that pre-proclamation controversies should be summarily decided, consonant with the law's desire that the canvass and proclamation be delayed as little as possible.[34] In the present case, the petition does not, in fact, ascribe grave abuse of discretion nor does it sufficiently show that the COMELEC gravely abused its discretion in excluding his case from the list of those that shall continue. Apart from petitioner's bare allegations, the record is bereft of any evidence to prove that petitioner's pre-proclamation case appears meritorious and warrants the annulment of the proclamation of Vergara as elected mayor of the city and of other respondents who were likewise elected and proclaimed but were not impleaded herein with particularity. | |||||