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Showing posts with the label Ratio legis et anima

Macalintal v. PET (G.R. No. 191618) November 23, 2010 | G.R. No. 191618

Ratio Legis et Anima A look at the deliberations of the framers reveals that the exclusive authority granted to the SC in judging cases relating to the elections of President and Vice-President does not impinge on the supposed separation of power between the judiciary and the executive departments, even if the said provision can be found in Art. VII. Macalintal v. PET (G.R. No. 191618) November 23, 2010 | G.R. No. 191618   Atty. Romulo Macalintal, petitioner Presidential Electoral Tribunal, respondent   FACTS:   Atty. Romulo Macalintal filed a motion for reconsideration regarding the previous ruling of the SC that found the creation of the Presidential Electoral Tribunal by the SC as constitutional. In his motion, Macalintal contended that the creation of the PET by the SC did not fall within the ambit of the last paragraph of Section  4, Article VII of the 1987 Constitution. He also contended that the PET exercises quasi-judicial power, and thus, its...

Civil Liberties Union v. Executive Secretary, 194 SCRA 317

Where there is ambiguity,  ratio legis est anima . The words of the Constitution should be interpreted in accordance with the intent of its framers. Article IX (B), Section 7. No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure. Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof, including Government-owned or controlled corporations or their subsidiaries. Article 7, Section 13.  The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be financially intereste...