A pretext of oversight cannot prevail over the more

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, a pretext of oversight cannot prevail over the more pragmatic scheme which the Constitution laid with firmness, that is, that the JBC has a seat for a single representative of Congress, as one of the co-equal branches of government. As to the effect of the Court’s finding that the current composition of the JBC is unconstitutional, it bears mentioning that as a general rule, an unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is inoperative as if it has not been passed at all.56 This rule, however, is not absolute. In the interest of fair play under the doctrine of operative facts , actions previous to the declaration of unconstitutionality are legally recognized. They are not nullified. Considering the circumstances, the Court finds the exception applicable in this case and holds that notwithstanding its finding of unconstitutionality in the current composition of the JBC, all its prior official actions are nonetheless valid. At this point, the Court takes the initiative to clarify that it is not in a position to determine as to who should remain as the sole representative of Congress in the JBC. This is a matter beyond the province of the Court and is best left to the determination of Congress. Finally, while the Court finds wisdom in respondents' contention that both the
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POLITICAL LAW CASE DIGESTS 45 Senate and the House of Representatives should be equally represented in the JBC, the Court is not in a position to stamp its imprimatur on such a construction at the risk of expanding the meaning of the Constitution as currently worded. Needless to state, the remedy lies in the amendment of this constitutional provision. The courts merely give effect to the lawgiver's intent. The solemn power and duty of the Court to interpret and apply the law does not include the power to correct, by reading into the law what is not written therein.
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POLITICAL LAW CASE DIGESTS 46 AUGUST 2012 SOBEJANA-CONDON v. COMELEC GR No. 198742, August 10, 2012 En Banc, Reyes, J. DOCTRINE: R.A. No. 9225; Citizenship ; In Jacot vs. Dal (572 SCRA 295[2008]), when we held that Filipinos re-acquiring or retaining their Philippine citizenship under R.A. No. 9225 must explicitly renounce their foreign citizenship if they wish to run for elective posts in the Philippines. The foreign citizenship must be formally rejected through an affidavit duly sworn before an officer authorized to administer oath. R.A. No. 9225 categorically demands natural-born Filipinos who re-acquire their citizenship and seek elective office, to execute a personal and sworn renunciation of any and all foreign citizenship before an authorized public officer prior to or simultaneous to the filing of their certificates of candidacy, to qualify as candidates in the Philippine elections. The rule applies to all those who have re-acquired their Filipino citizenship, like petitioner, without regard as to whether they are still dual citizens or not. It is pre-requisite imposed for the exercise of the right to run for public office.
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