Regardless of the foregoing findings and discussions, skull feel the joy all over printed ugly christmas sweater which in impact assist its validity, EO 1 is struck down by the Decision. The majority creates an argument for the invalidity of EO
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He was solely exercising his energy and discharging his obligation primarily based upon the constitutional mandate of his workplace. Stated in any other case, skull feel the joy all over printed ugly christmas sweater the circumstances obtaining in the quite a few cases beforehand dismissed by the Ombudsman are totally divergent from those here present. Here, petitioners who aren’t even the injured events are invoking the equal safety clause. Their standing to boost this concern is significantly contested within the Dissent of Justice Carpio Morales. They do not claim in any manner that they’re the topic of EO 1. Courts have warned that the proper of equal protection of the law “may not be perversely invoked” to justify desistance by the authorities from the prosecution of a legal case, just because not all of those who are most likely guilty thereof were charged.
57 This characterization would apply particularly if the ones who invoke the equal safety clause are those who aren’t injured by the contested executive action. The discretion of who to prosecute depends on the prosecution’s sound evaluation whether or not the proof earlier than it could possibly justify an inexpensive perception that a person has dedicated an offense. The presumption is that the prosecuting officers regularly performed their duties, and this presumption could be overcome only by proof on the contrary, not by mere hypothesis. Indeed, appellant has not introduced any evidence to overcome this presumption. The mere allegation that appellant, a Cebuana, was charged with the commission of a crime, while a Zamboangueña, the guilty party in appellant’s eyes, was not, is inadequate to support a conclusion that the prosecution officers denied appellant equal protection of the laws.