Comments on: The basis for the executive declaration of Curfew http://attyatwork.com/the-basis-for-the-executive-declaration-of-curfew/ Legal thoughts and beyond. The personal blog of Atty. Fred Pamaos Wed, 08 Feb 2012 20:50:45 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Joselito Basilio http://attyatwork.com/the-basis-for-the-executive-declaration-of-curfew/comment-page-1/#comment-7957 Joselito Basilio Sat, 01 Dec 2007 06:27:23 +0000 http://www.attyatwork.com/the-basis-for-the-executive-declaration-of-curfew/#comment-7957 I agree with your observations, Atty. GMA has again consciously overstepped the limitations of her constitutional powers. She didn’t even have the decency to have the curfew directive written down or published, as if whatever she utters is the law. Will somebody question the legality of the 12-5 curfew of GMA on November 29. I know the Supreme Court will not render this moot and academic. Said the Supreme Court in David case : The "moot and academic" principle is not a magical formula that can automatically dissuade the courts in resolving a case. Courts will decide cases, otherwise moot and academic, if: first, there is a grave violation of the Constitution; second, the exceptional character of the situation and the paramount public interest is involved; third, when constitutional issue raised requires formulation of controlling principles to guide the bench, the bar, and the public; and fourth, the case is capable of repetition yet evading review. I agree with your observations, Atty.

GMA has again consciously overstepped the limitations of her constitutional powers. She didn’t even have the decency to have the curfew directive written down or published, as if whatever she utters is the law.

Will somebody question the legality of the 12-5 curfew of GMA on November 29. I know the Supreme Court will not render this moot and academic. Said the Supreme Court in David case :

The “moot and academic” principle is not a magical formula that can automatically dissuade the courts in resolving a case. Courts will decide cases, otherwise moot and academic, if: first, there is a grave violation of the Constitution; second, the exceptional character of the situation and the paramount public interest is involved; third, when constitutional issue raised requires formulation of controlling principles to guide the bench, the bar, and the public; and fourth, the case is capable of repetition yet evading review.

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