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MILAGROS E. AMORES v. HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL

This case has been cited 4 times or more.

2015-12-08
PERALTA, J.
Petitioner countered in its Comment/Opposition[9] that the Indeterminate Sentence Law (ISL) is inapplicable as the attending circumstances are immaterial because the charge constituting the complex crime have the corresponding penalty of reclusion perpetua. Since the offense is punishable by reclusion perpetua, bail is discretionary. Instead of a motion to fix bail, a summary hearing to determine if the evidence of guilt is strong is, therefore, necessary conformably with Section 13, Article III of the 1987 Constitution and Section 4, Rule 114 of the Rules.
2013-04-02
CARPIO, J.
In Amores v. House of Representatives Electoral Tribunal,[165] the Court emphasized: Qualifications for public office are continuing requirements and must be possessed not only at the time of appointment or election or assumption of office but during the officer's entire tenure.  Once any of the required qualifications is lost, his title may be seasonably challenged.[166]
2012-02-28
BRION, J.
To be sure, the fact that the ARMM possesses more powers than other provinces, cities, or municipalities is not enough reason to treat the ARMM regional elections differently from the other local elections. Ubi lex non distinguit nec nos distinguire debemus. When the law does not distinguish, we must not distinguish.[10]
2010-10-20
MENDOZA, J.
A cardinal rule in statutory construction is that when the law is clear and free from any doubt or ambiguity, there is no room for construction or interpretation. There is only room for application.[9] As the statute is clear, plain, and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation.  This is what is known as the plain-meaning rule or verba legis. It is expressed in the maxim, index animi sermo, or "speech is the index of intention."  Furthermore, there is the maxim verba legis non est recedendum, or "from the words of a statute there should be no departure."[10]