[1]
Penned by Associate Justice Jesus M. Elbinias with Associate Justices Hector L. Hofileña and Omar U.
Amin concurring.
[2]
Penned by Judge Teodoro P. Regino, who was later promoted Associate Justice of the Court of
Appeals.
[3]
Records, Vol. I, pp. 86-87.
[4]
Section 2, paragraph (g).
[5]
Section 1. No person shall be deprived of life, liberty or property without due process of law, nor shall
any person be denied the equal protection of the laws.
[6]
Sec. 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a
basic autonomous social institution. It shall equally protect the life of the mother and the life of
the unborn from conception.
The natural and primary right and duty of parents in the rearing of the youth for civic efficiency
and the development of moral character shall receive the support of the Government.
[7]
Section 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall
strengthen its solidarity and actively promote its total development.
[8]
Sec. 3. The State shall defend the following:
…
(3) The right of the family to a family living wage and income.
[9]
Sec. 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving
heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall
be reduced to reclusion perpetua. (Section 19, Article III of the Constitution.)
[10]
Sec. 22. No ex-post facto law or bill of attainder shall be enacted.
[11]
(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and
legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade,
and shall not diminish, increase, or modify substantive rights. Rules of procedure of special
courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.
[12]
Records, Vol. I, p. 223.
[13]
Id. at 235.
[14]
CA Rollo, p. 10.
[15]
Rollo, p. 19.
[16]
W.C.M. Winston Co., Inc. v. Bernardi, 730 F2d 486 (1984), citing NACCP v. Alabama, 2 L.ed.2d 1488
(1958).
[17]
Maite v. Chicago Board of Education, 415 NE2d 1034 (1980), cited in DeWitt County Taxpayers
Association v. The County Board of Deliot County, 445 NE2d 509 (1983).
[18]
289 SCRA 337 (1998).
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