Back

David vs. Comelec [CONCURRING ON THE WHOLE BUT DISSENTING IN PART, FERNANDO, C.J.]

JUAN T. DAVID, PETITIONER, VS. COMMISSION ON ELECTIONS (COMELEC); LEONARDO B. PEREZ, Chairman-COMELEC; VENANCIO S. DUQUE, FLORES A. BAYOT, CASIMIRO R. MADARANG, VENANCIO L. YANEZA, COMMISSIONERS-COMELEC; JAIME LAYA, BUDGET COMMISSIONER; AND GREGORIO G. MENDOZA, NAT­IONAL TREASURER, respondents.

G.R. No. L-47803/G.R. No. L-47816 | 1978-03-11

CONCURRING ON THE WHOLE BUT DISSENTING IN PART
 
FERNANDO, J.:
 
It is a reassuring feature of the martial law regime in the Philippines that this Court had repeatedly entertained suits challenging the validity of presidential decrees raised in appropriate legal proceedings.[1] It is a role it had never shunned. There is thus adherence to the path of constitutionalism, both in normal times and under crisis conditions. Even during this period of emergency, parties had come to this Tribunal whenever, in their opinion, the executive act assailed was tainted by the vice of nullity. They did complain, and they were heard. In that...