Proclamation 1959, void for “typographical error”?
Posted on | December 6, 2009 | 4 Comments
Can a Presidential Proclamation having the force of law be voided on the basis of a typographical error?
Thanks to UP Law Dean Marvic Leonen for pointing this out.
Based on available internet copies, PGMA, in justifying Proclamation No. 1959 declaring Martial Law in Maguindanao Province, defined rebellion in this whereas clause:
WHEREAS, R.A. No. 6986 provides that “the crime of rebellion or insurrection is committed by rising publicly and taking arms against the Government for the purpose of xxx depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives.”
It turns out that Republic Act No. 6986 is entitled
AN ACT ESTABLISHING A HIGH SCHOOL IN BARANGAY DULOP, MUNICIPALITY OF DUMINGAG, PROVINCE OF ZAMBOANGA DEL SUR, TO BE KNOWN AS THE DULOP HIGH SCHOOL, AND APPROPRIATING FUNDS THEREFORE
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December 6th, 2009 @ 3:38 pm
[...] This post was mentioned on Twitter by Manuel L. Quezon III, Albert Domingo. Albert Domingo said: Proc 1959, void for typographical error? http://bit.ly/6qjn8A @mlq3 @inquirerdotnet [...]
December 6th, 2009 @ 3:48 pm
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This post was mentioned on Twitter by albertdomingo: Proc 1959, void for typographical error? http://bit.ly/6qjn8A @mlq3 @inquirerdotnet…
December 6th, 2009 @ 11:50 pm
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December 7th, 2009 @ 3:48 pm
[...] criticism of the proclamation has also included potshots at laughable flaws such as typographical errors, the more serious challenges actually filed in the Supreme Court have been anchored on disputing [...]