This case has been cited 2 times or more.
2014-01-22 |
LEONARDO-DE CASTRO, J. |
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In a verified Complaint-Affidavit[1] dated February 22, 2008, complainant San Buenaventura narrated that after the decision of this Court in Civil Case No. 6798 became final and executory on April 3, 2006, he filed a Motion for Issuance of Writ of Execution on August 17, 2006, requesting that the said motion be heard on August 22, 2006. According to complainant San Buenaventura, respondent Migriño set the hearing on October 13, 2006 and refused to grant his request for an earlier setting. Complainant San Buenaventura further narrated that on October 30, 2006, the MeTC issued an order informing the parties that the said motion had already been submitted for resolution. However, on December 18, 2006, the MeTC issued another order deferring the resolution of the said motion since the records of the case had been elevated to the Regional Trial Court as defendant Josefa had filed an Annulment of the Judgment and Partition on the decision of the Supreme Court which was sought to be executed. | |||||
2009-12-23 |
PERALTA, J. |
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In Office of the Ombudsman v. De Sahagun,[28] the Court held that the period stated in Section 20 (5) of R.A. No. 6770 does not refer to the prescription of the offense, but to the discretion given to the Office of the Ombudsman on whether it would investigate a particular administrative offense. The use of the word "may" in the provision is construed as permissive and operating to confer discretion. Where the words of a statute are clear, plain and free from ambiguity, they must be given their literal meaning and applied without attempted interpretation. |