This case has been cited 2 times or more.
|
2010-10-19 |
BRION, J. |
||||
| 1. The private respondents' reliance on the expiration date of the lease contract, to disprove Mitra's claim that the room at the Maligaya Feedmill is his residence, is misplaced. This argument is flimsy since the contract did not provide that it was completely and fully time-barred and was only up to February 28, 2010; it was renewable at the option of the parties. That a lease is fixed for a one-year term is a common practice. What is important is that it is renewable at the option of the parties. In the absence of any objection from the parties, the lease contract simply continues and is deemed renewed.[14] | |||||
|
2009-03-13 |
NACHURA, J. |
||||
| Admittedly, the advent of COMELEC Resolution No. 8212 caused a measure of confusion among party litigants and even among lawyers. This is the reason why, in Patalinghug v. Commission on Elections,[36] we took the opportunity, for the guidance of the members of the bench and bar, to set the following guidelines:First, if a pre-proclamation case is excluded from the list of those (annexed to the Omnibus Resolution on Pending Cases) that shall continue after the beginning of the term of the office involved, the remedy of the aggrieved party is to timely file a certiorari petition assailing the Omnibus Resolution before the Court under Rules 64 and 65, regardless of whether a COMELEC division is yet to issue a definitive ruling in the main case or the COMELEC en banc is yet to act on a motion for reconsideration filed if there is any. | |||||