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The equal protection clause requires that the legislation operates uniformly on all individuals under related circumstances or that all persons are handled in the identical method, the situations not being different, each in privileges conferred and the liabilities imposed. If the classification is characterized by real and substantial variations, one class could additionally be treated differently from another. Simply because the respondent Ombudsman dismissed some instances allegedly just like the case at bar just isn’t adequate to impute arbitrariness or caprice on his half, absent a transparent exhibiting that he gravely abused his discretion in pursuing the instant case.
– Barangay Protection Orders check with the safety order issued by the Punong Barangay ordering the perpetrator to desist from committing acts underneath Section 5 and of this Act. A Punong Barangay who receives applications for a BPO shall issue the safety order to the applicant on the date of filing after ex parte willpower of the premise of the appliance. If the Punong Barangay is unavailable to act on the application for a BPO, the applying shall be acted upon by any obtainable Barangay Kagawad. If the BPO is issued by a Barangay Kagawad the order must be accompanied by an attestation by the Barangay Kagawad that the Punong Barangay was unavailable on the time for the issuance of the BPO.
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The former is inherent in the Executive, whereas the latter finds basis from both a valid delegation from Congress, or his inherent duty to faithfully execute the laws. As head of the Executive Department, the President is the Chief Executive. He represents the government as a complete and sees to it that all laws are enforced by the officers and workers of his division. He has management over the manager department, bureaus and places of work. This implies that he has the authority to imagine instantly the features of the executive department, bureau and workplace, or interfere with the discretion of its officers. Corollary to the ability of control, the President also has the responsibility of supervising the enforcement of legal guidelines for the maintenance of general peace and public order.
Viewed from the above views, what turns into plainly evident is an EO that, as a means of fighting graft and corruption, will effectively and prejudicially affect the parties inter-acting with the Truth Commission. The EO will erode the authority and even the integrity of the Ombudsman and the courts in appearing on issues brought earlier than them under the terms of the Constitution; its premature and "truthful" report of guilt will situation the public’s mind to reject any finding other than those of the Commission. The "Who Fears the Truth?" arguments, on the other hand, utterly miss the purpose www.richsinglesonline.com/senior-online-dating-for-rich-men/ of this Separate Opinion. This Opinion does not dispute that past graft and corruption must investigated and totally uncovered; any statement on the contrary in the Dissent are unfounded rhetoric written solely for its own partisan viewers. What this Opinion clearly posits as legally objectionable is the government’s manner of "telling;" any such action by authorities must be made in accordance with the norms and limits of the Constitution to which all departments of government – together with the Executive – are topic. Specifically, the Executive can’t be left unchecked when its strategies grossly violate the Constitution.
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Hearings or proceedings of the Commission shall be open to the public. However, the Commission, motu propio, or upon the request of the person testifying, hold an executive or closed-door listening to where issues of national security or public security are involved or when the personal security of the witness warrants the holding of such govt or closed-door listening to. Truly, the function of the judge is to do his utmost to exercise his independence, even in opposition to overwhelming pressure, to uphold the rule of law. But just because the likelihood exists that the judiciary might go together with a public that’s hungry for the reality does not imply we do not enable the reality to be found out. As we can see from a studying of Justice Cardozo’s lecture, we want not worry societal influences and forces. The "truth without us" does not negate the validity of "the reality within."
- How the ponencia arrives at a opposite conclusion puzzles.
- It is on this mild that DOH v. Camposano, et al.44 as cited within the ponencia must be understood.
To accomplish its task, the PTC shall have all of the powers of an investigative body under Section 37, Chapter 9, Book I of the Administrative Code of 1987. It isn’t, nevertheless, a quasi-judicial body as it can not adjudicate, arbitrate, resolve, settle, or render awards in disputes between contending parties. All it might possibly do is gather, acquire and assess proof of graft and corruption and make recommendations.