Stat Con reviewer

SAN BEDA COLLEGE COLLEGE OF LAW STATUTORY CONSTRUCTION

Based on the Course Outline of Atty. Maritess C. Sy

I. BACKGROUND

1.1 The Philippine Legal System 1.2 Rules on Legislative Drafting

II. STATUTES AND THEIR ENACTMENT

2.6 Steps in the Enactment of the Statute 1987 Constitution, Article VI,

Section 26 (2) and 27 --‐ CIR vs. CTA --‐ Tolentino vs. Secretary of Finance --‐ Arroyo vs. De Venecia 2.7 Evidence of Due Enactment of Statutes 2.7.1 Enrolled Bill Theory --‐ Mabanag vs. Lopez Vito --‐ Casco vs. Gimenez --‐ Morales vs. Subido 2.7.2 Journal Entry Rule --‐ Astorga vs. Villegas

III. EFFECTS AND APPLICATION OF STATUTES

3.1 When Statute Becomes Effective Civil Code, Article 2; EO 200 as

incorporated in EO 292 Section 18 --‐ Tanade vs. Tuvera 3.2 When Regulation Becomes Effective EO 292, Book VII, Sections 2-9 --‐ People vs. Que Po Lay --‐ Tanada vs. Tuvera --‐ Yaokasin vs. Commissioner of Customs 3.3 When Ordinance Takes Effect RA 7160, Sections 54-59 --‐ Bagatsing vs. Ramirez 3.4 Language of the Statute That Shall Prevail 1987

Constitution, Article XIV, Sections 6-8 Section 6. The national language

of the Philippines is Filipino. As it evolves, it shall be further

developed and enriched on the basis of existing Philippine and other

languages. Subject to provisions of law and as the Congress may deem

appropriate, the Government shall take steps to initiate and sustain the

use of Filipino as a medium of official communication and as language of

instruction in the educational system. STATUTORY CONSTRUCTION

PAUL VINCENT T. CUNANAN, 1-I, 2010

Page 1 of 23

Section 7. For purposes of communication and instruction, the official

languages of the Philippines are Filipino and, until otherwise provided

by law, English. The regional languages are the auxiliary official

languages in the regions and shall serve as auxiliary media of

instruction therein. Spanish and Arabic shall be promoted on a voluntary

and optional basis. Section 8. This Constitution shall be promulgated in

Filipino and English and shall be translated into major regional

languages, Arabic, and Spanish. EO No. 292, Section 20 Section 20.

Interpretation of Laws and Administrative Issuances. - In the

interpretation of a law or administrative issuance promulgated in all the

official languages, the English text shall control, unless otherwise

specifically provided. In case of ambiguity, omission or mistake, the

other texts may be consulted. 3.5 Manner of Computing Time Civil Code,

Article 13 Article 13. When the laws speak of years, months, days or

nights, it shall be understood that years are of three hundred sixty-five

days each; months, of thirty days; days, of twenty-four hours; and nights

from sunset to sunrise. If months are designated by their name, they

shall be computed by the number of days which they respectively have. In

computing a period, the first day shall be excluded, and the last day

included. (7a) 3.6 Territorial Extent of Operation 1987 Constitution,

Article 1 ARTICLE I NATIONAL TERRITORY The national territory comprises

the Philippine archipelago, with all the islands and waters embraced

therein, and all other territories over which the Philippines has

sovereignty or jurisdiction, consisting of its terrestrial, fluvial and

aerial domains, including its territorial sea, the seabed, the subsoil,

the insular shelves, and other submarine areas. The waters around,

between, and connecting the islands of the archipelago, regardless of

their breadth and dimensions, form part of the internal waters of the

Philippines. Civil Code, Article 14 & 15 Article 14. Penal laws and those

of public security and safety shall be obligatory upon all who live or

sojourn in the Philippine territory, subject to the principles of public

international law and to treaty stipulations. (8a) Article 15. Laws

relating to family rights and duties, or to the status, condition and

legal capacity of persons are binding upon citizens of the Philippines,

even though living abroad. (9a) Revised Penal Code, Article 2 Article 2.

Application of its provisions. - Except as provided in the treaties and

laws of preferential application, the provisions of this Code shall be

enforced not only within the Philippine Archipelago, STATUTORY

CONSTRUCTION


Page 2 of 23

including its atmosphere, its interior waters and maritime zone, but also

outside of its jurisdiction, against those who: 1. Should commit an

offense while on a Philippine ship or airship; 2. Should forge or

counterfeit any coin or currency note of the Philippine Islands or

obligations and securities issued by the Government of the Philippine

Islands; 3. Should be liable for acts connected with the introduction

into these islands of the obligations and securities mentioned in the

preceding number; 4. While being public officers or employees, should

commit an offense in the exercise of their functions; or 5. Should commit

any of the crimes against national security and the law of nations,

defined in Title One of Book Two of this Code. 3.7 Prospective and

Retrospective Operation of Statutes Constitution, Article III, Section 22

Section 22. No ex post facto law or bill of attainder shall be enacted.

Civil Code, Article 4 Article 4. Laws shall have no retroactive effect,

unless the contrary is provided. (3) EO No. 292, Section 19 Section 19.

Prospectivity. - Laws shall have prospective effect unless the contrary

is expressly provided. Revised Penal Code, Article 22 Article 22.

Retroactive effect of penal laws. - Penal laws shall have a retroactive

effect insofar as they favor the person guilty of a felony, who is not a

habitual criminal, as this term is defined in rule 5 of article 62 of

this Code, although at the time of the publication of such laws a final

sentence has been pronounced and the convict is serving the same.

IV. AMENDEMENTS, REVISIONS, REPEALS

the lease, lessor had to occupy, but not covered by CA 689 since out of

RA 309 amended by RA 983 – 6 Sundays for PCSO, 30 Sundays for private – increasing to 12 races and draws for PCSO, without

specif

assigned for private races – proper

STATUTORY CONSTRUCTION


Page 3 of 23

Mayor Barobo for misconduct and dishonesty –

was repealed by RA No. 5185 Sec.5, now the President, Provincial Board

and City or Municipality Council, as the case may be, has the power to

+ allowance of $165/mo. Plus bonus of $1000, 2nd contract reduced to $105

- NLRC denied claim of overtime but granted diff. in salary and

contractual bonus – creating POEA – divested the jurisdiction over cases of overseas

– labor arbiter has jurisdiction – the law in effect at the time of the case

4.2 Revision

The only officer authorized by the Charter of the City of Bacolod to

initiate criminal cases in the courts thereof is its Ci

Capitol Subd. Montelibano ejects Benares who refused, cleared the

issued by Judge Ferrer – Manila – Ordinance No. 3000, requirement of

permit -

Revised Manila Charter – Ordinance No. 2529, requirement of license fees – City Treasurer assessed ABS of

P5,821.45 – -CBN Broadcasting Corporation vs.

431, Increasing tax rate to

promulgated by the CIR have no retroactive application where to so apply

1568 requires 20 year of service for retirement benefit; amended by RA

abolished by RA No. 4968 but was subsequently re-enacted by RA No. 6118

originally to expire on May 1992



Page 4 of 23

Comelec Commissioners – “courtesy resignations”, involuntary – term deemed completed, hence, entitled to benefits

699 of the Revised Administrative Code – –

did not reproduce Sec. 699; offers benefits under Employees’ Compensation ement

both (Sec. 699 & ECC), construed as continuation

4.3 Repeals Civil Code, Article 7 Article 7. Laws are repealed only by

subsequent ones, and their violation or non-observance shall not be

excused by disuse, or custom or practice to the contrary. When the courts

declared a law to be inconsistent with the Constitution, the former shall

be void and the latter shall govern. Administrative or executive acts,

orders and regulations shall be valid only when they are not contrary to

the laws or the Constitution. (5a) Administrative Code of 1987, Book I,

Chapter 5, Operation and Effect of Laws Section 21. No Implied Revival of

Repealed Law.- When a law which expressly repeals a prior law itself

repealed, the law first repealed shall not be thereby revived unless

expressly so provided. Section 22. Revival of Law Impliedly Repealed. -

When a law which impliedly repeals a prior law is itself repealed, the

prior law shall thereby be revived, unless the repealing law provides

Planters vs. Feliciano Lagman vs. City of Manila National Power

Corporation vs. Acra Gaerlan, Jr. vs. Catubig People vs. Pimentel Hagad

vs. Gozo-Dadole Republic vs. Marcopper Mining Corporation

V. Nature and Concept of Statutory Construction

terminated – union go

jurisdiction pursuant to BP 227



Page 5 of 23

Article 217 of BP 227 is explicit and clear; no need for construction and

interpretation The first and fundamental duty of courts is to apply the

law. Construction and interpretation come only after it has been

demonstrated that application is impossible or inadequate without them.

– agent of Gov. Leviste of Batangas – officials and public servants for use in their official duties are

possess unlicensed firearms; no need for construction and interpretation

executed

Court ordered Chavez and LS to pay PNB; likewise, Chavez, Garcia, &

evying sugar

clear; it does not admit of doubt. No process of interpretation or

construction need be resorted to. It peremptorily calls for application.

Petrolina Cervantes (common-

Matabuena – sole sister of Felix – questioned the validity of donation under Art. 133 of the Civil Code; Prohibition of donation between spouses

apply to common-

is a principle of statutory construction that what is within the spirit

of the law is as much a part of it as what is written. Otherwise the

basic purpose discernible in such codal provision would not be attained.

Municipa

Municipal Ordinance, owner/manager required to pay P3/hectare; he

leased the fishpond from Philippine Fisheries Commission and not yet in

lacks comprehensible standards that men of common intelligence must

is repugnant to the Constitution in two respects: (1) it violates due

process for failure to accord persons, especially the parties targetted

by it, fair notice of the conduct to avoid;



Page 6 of 23

and (2) it leaves law enforcers unbridled discretion in carrying out its

provisions and becomes an arbitrary flexing of the Government muscle. In

no way may the ordinances at bar be said to be tainted with the vice of

vagueness. It is unmistakable from their very provisions that the

appellant falls within its coverage.

VI. Objects and Methods of Construction

a. Verba Legis or Literal Interpretation/Plain Meaning Rule – If a statute is clear, plain and free from ambiguity, it must be given its

literal meaning an -

excise tax paid on importation of “stabilizer and flavours”, used in and Auditor

General denied the refund amounting to P23,958.13; claims that S&F

mentioned in the RA pertains to the ones used in manufacturing food

by specific words, with the result that the general language will be

limited by the specific language which indicates the statute's object and

purpose. The rule, however, is applicable only to cases where, except for

one general term, all the items in an enumeration belong to or fall under

on

“stabilizer and flavours” is preceded by a number of articles that may be classified as food or food products, but it is likewise true that the

other items immediately following it do not belong to the same

distinguish nec nos distinguire debemos", or "where the law does not

general and unlimited terms are restrained and limited by particular

recitals when used in connection with them, does not require the

rejection of general terms entirely. It is intended merely as an aid in

ascertaining the intention of the legislature and is to be taken in

connection with other rules of construction. b. Ratio Legis or

interpretation by considering the spirit and reason of the law/ Golden

agricultural land, one for P4,000 which Igmidio Hidalgo and Martina

Rosales seeks to redeem for P1,500; the other for P750 which Hilario

Aguila and Adela Hidalgo also seeks to redeem. Both of them were share

Reform Code is applicable to leasehold tenants only, but not to share

tenants, because said provision of law clearly, definitely, and

unequivocally grants said right to the agricultural lessee, and to nobody

tenant and their respective rights and obligations are not co-extensive

or co-equal. NO STATUTORY CONSTRUCTION


Page 7 of 23

This case is a case of where the true intent of the law is clear that

calls for the application of the cardinal rule of statutory construction

that such intent or spirit must prevail over the letter thereof, for

whatever is within the spirit of a statute is within the statute, since

adherence to the letter would result in absurdity, injustice and

contradictions and would defeat the plain and vital purpose of the

statute. By this, the Supreme Court is NOT correcting the act of the

Legislature, but is rather, carrying out and giving due course to ‘its intent’.

c. Mens Legislatoris/Mischief Rule – It is a principle of statutory construction that what is within the spirit of the law is as much a part

of it as what is written. Otherwise the basic purpose discernible in such

Toribio slaughtered a carabao for human consumption without a permit from

the municipal treasure of the municipality wherein it was slaughtered, in

violation of the provisions of sections 30 and 33 of Act No. 1147, an Act

regulating the registration, branding, and slaught

Appellant contends that there was no municipal slaughterhouse in Carmen,

Bohol, hence Act No. 1147 do not prohibit nor penalize the slaughter of

primarily seeks to protect the "large cattle" of the Philippine Islands

against theft and to make easy the recovery and return of such cattle to

of a statute is fairly susceptible of two or more constructions, that

construction should be adopted which will most tend to give effect to the

manifest intent of the lawmaker and promote the object for which the

statute was enacted, and a construction should be rejected which would

tend to render abortive other provisions of the statute and to defeat the

accident and left his widower, Leonora and who he married in the hospital

b

language of the Workmen's Compensation Act, a widow living with the

deceased or actually dependent upon him totally or partly as well as her

daughter, if under 18 years of age or incapable of supporting him or

herself, and unmarried, whether or not actually dependent upon the

is equally plain. We must apply it to the facts as found. Assuming a

choice is necessary between conflicting theories, that which best

conforms to the language of the statute and its purpose should prevail.

d. Equity of the Statute Civil Code Article 9. No judge or court shall

decline to render judgment by reason of the silence, obscurity or

insufficiency of the laws. (6) Article 10. In case of doubt in the

interpretation or application of laws, it is presumed that the lawmaking

body intended right and justice to prevail. (n) STATUTORY CONSTRUCTION


Page 8 of 23

where he plead guilty of attempted homicide in relation to Sec. 2, Rule

116 of the 1985 Revised Rules of Crimina

a brother-in-law of the deceased, accused Judge Vicente Aujerio of gross

instances where a literal application of a provision of law would lead to

injustice or to a result so directly in opposition with the dictates of

logic and everyday common sense as to be unconscionable, the Civil Code

admonishes judges to take principles of right and justice at heart. In

case of doubt the intent is to promote right and

ruat coelum. Stated differently, when a provision of law is silent or

ambiguous, judges ought to invoke a solution responsive to the vehement

urge of conscience.

VII. Interpretation and Construction in Relation to Language of the

Statute

The article of merchandise in question, the “bonanza mixture”, is made up of ground coffee, ground chicory, and ground cereals. It is not a

manufactured article and as such, is not free of duty under section 5 of

must be classified as adulterated coffee, in accordance with its true

hand or by mechanism, does not make the article necessarily a

manufactured article within the meaning of that term as used in the

tariff laws, unless the application of such labor is carried to such an

extent that the article suffers a species of transformation and is

changed into a new and different article, having a distinctive name,

ed as “chocolate” for the purposes of exemption from the foreign exchange tax imposed by RA No.

include “cocoa beans”. The one is raw material, the other manufactured consumer product; the latter is ready for human consumption; the former

— suit was brought in May 1954 — Congress approved Republic Act 1197 amending section 2 by substituting "cocoa

tember

2, 1954 issued in accordance with RA No. 1197 specifying that said

exemption (of cocoa beans) shall operate from and after September 3, 1954

— Rabino intercepted a dump truck loaded of lumber, owned by A&E

Construction



Page 9 of 23

Tan and Moreno, together with Ismael Ramil was charged with violation of

Section 68, PD No. 75, as amended by EO No. 277. Lumbar is included in

the term timber. Lumber is a processed log or processed forest raw

material. the Code uses the term lumber in its ordinary or common usage.

The dictionary defines lumber as a processed log or timber. It is settled

that in the absence of legislative intent to the contrary, words and

phrases used in a statute should be given their plain, ordinary and

common usage meaning. And insofar as possession of timber without the

required legal documents is concerned, Section 68 of PD No. 705, as

amended makes no distinction between raw or processed timber.

the Roman Catholic Church the estate known as Capelania de Tambobong

under CA No. 539; said act authorizes the purchase of private lands, and

that lands acquired thereunder should be subdivided into lots, for resale

– allowed by respondent, out of the deference and charity, to gratuitously

occupy the lot and live therein – Respondent Crisostomo Bernardo – occupant is one who supposes he has a good title and knows of no adverse

claim. The essence of the bona fides or good faith, therefore, lies in

honest belief in the validity of one's right, ignorance of a superior

fide occupants employed in the Commonwealth Acts are NOT equivalent to

ppine Legislature, employs the terms

“actual bona fide settlers and occupants”, plainly indicating that “actual” and “bona fide” are not synonymous. The term “actual” was then deleted, and solely used the words “bona fide occupant”, thereby emphasizing the requirement that the prospective beneficiaries of the

acts should be endowed with legitimate tenure. c. Terms with Multiple

violation of the Anti- Municipal

treasurer made a disbursement for the widoew - P5,000.00 representing a

portion of the salary of the late mayor during the period of his

not suffice because dismissal does not

is always based on the merits, that is the defendant is acquitted because

the evidence does not show that defendant's guilt is beyond reasonable

not a court of competent jurisdiction, or the evidence does not show that

the offense was STATUTORY CONSTRUCTION


Page 10 of 23

committed within the territorial jurisdiction of the court, or the

complaint or information is not valid or sufficient in form and

suspension issued by the Ombudsman for violation of Anti-Graft and

Corruption p

authority of the Ombudsman is only to recommend suspension and he has no

suspend government officials and employees, pending an investigation

Ombudsman such powers as he may need to perform efficiently the task

given the same sense as the other words with which it is associated.

Where a particular word is equally susceptible of various meanings, its

correct construction may be made specific by considering the company of

terms in which it is found or with which it is associated. e. Ejusdem

– Inscription to be placed on skimmed milk; Sec. 141 (Specific Tax) & Sec. 155 (Penalty) – expressly repealed by RA 355 & 463, respectively. Thus, Section 169 became a merely

declaratory provision, without

Skimmed Milk - Fatty part has been removed; Filled Milk - Fatty part is

Sec 169 of the Tax Code does not apply to filled milk. The use of the

specific and qualifying terms "skimmed milk" in the headnote and

"condensed skimmed milk" in the text of the cited section, would restrict

the scope of the general clause "all milk, in whatever form, from which

the fatty pat has been removed totally or in par

is restricted by the specific term "skimmed milk" under the familiar rule

of ejusdem generis that general and unlimited terms are restrained and

limited by the particular terms they follow in the statute. f. Expressio

Unius Exclus

assessed by the CIR for deficiency 3% miller’s tax under Sec. 168 of the

The tax exemption applied only to the exportation of rope, coconut oil,

palm oil, copra by-products and dessicated coconuts, whether in their

original state or as an ingredient or part of any manufactured article or

products, by the proprietor or operator of the factory or by the miller

the law enumerates the subject or condition upon which

it applies, it is to be construed as excluding from its effects all those

not expressly mentioned. Expressio unius est exclusio alterius.



Page 11 of 23

justice of the peace, was prosecuted for violation of Sec. 54 of the

Revised Election Code; aid any candidate, or exert any influence in any

manner in any election or take p

is not covered by the prohibition because “justice of the peace” was not mentioned. Instead of “justice of the peace”, they were called as

object or thing omitted from an enumeration must be held to have been

bar; the rule can operate only if and when the omission has been clearly

established. h. Ubi Lex Non Distinguit Nec Nos

Garcia’s office. Ramirez taped the conversation and later filed charges

authorized by all the parties to any private communication or spoken

whether the party sought to be penalized by the statute ought to be a

party other than or different from those involved in the private

communi

Where the law makes no distinctions, one does not distinguish. i.

and Lourdes Zandueta were indebted to PNB; PNB refused to accept backpay

citizen of the Philippines, or to any association or corporation

organized under the laws of the Philippines, who may be willing to accept

the same for such settl

only to the last antecedent; that is, "any citizen of the Philippines or

any association or corporation organized under the laws of the

Philippines”; there is a comma before the words "or to any citizen, etc.," which separates said phrase from the preceding ones. Reddendo

life imprisonment for murdering Jose Siyang; He filed a motion for

A copy of order of

denial (July 9) was served by registered mail on July 13, 1963 to Bello

through his wife; He filed his notice of appeal only on September 10,

promulgation or notice of the judgment or order appealed from; The word

"promulgation" in section 6 should be construed as

j.



Page 12 of 23

referring to "judgment", while the word "notice" should be construed as

referring to "order" Reddendo singula singulis: "referring each to each;

referring each phrase or expression to its appropriate object", or "let

each be put in its proper place, that is, the words should be taken

distributively." When the order denying appellant's motion for

reconsideration was served by registered mail on July 13th on appellant's

counsel, he had only 1 day within which to file his notice of appeal and

NOT 11 days. He was 58 days late not just 48.

k. Doctrine of Necessary Implicatio

owned a parcel of land where PSCC is located; used for national defense

exempt from CARP coverage by virtue of P.D. No. 1845, as amended, which

declared the area to be a security zone under the jurisdiction of the

implication, to contain all such provisions as may be necessary to

effectuate its object and purpose, or to make effective rights, powers,

privileges or jurisdiction which it grants, including all such collateral

and subsidiary consequences as may be fairly and logically inferred from

Agrarian Reform Program of the government would negate the very purpose

by which P.D. 1845, as revised by P.D. 1848, was decreed. l. Verbal or

Tri-Realty agreed with Lines & Spaces, represented by Eleanor Bahia

Sanchez for the purchase of cement bags for P98/bag; paid P7/bag to

Sanchez for facilitation, all advanced to Sanchez

Corporation – 6050 bags; delivered 3850 bags, the rest cancelled by – 6000 bags; delivered 3000 bags, the rest

-Realty demanded a refund of the amount of

undelivered bags; with news reaching that Eleanor Sanchez had already

fled abroad, Tri-Realty filed a case for sum of money against petitioners

and Lines & Spaces. Sanchez represented herself to be from Lines &

Spaces/Tri-Realty, making it appear as if it was a single entity



Page 13 of 23

The term “and/or” was held to mean that effect shall be given to both the conjunctive (and) and the disjunctive (or); or that one word or the other

may be taken accordingly as one or the other will best effectuate the

intended purpose In using the term "and/or", the word "and" and the word

"or" are to be used interchangeably. BY ANALOGY, the words “Lines & Spaces/Tri-Realty” mean that effect shall be given to both Lines & Spaces and Tri-Realty OR that Lines & Spaces and Tri-Realty may be used

interchangeably Hence, petitioners were not careless when they believed

Eleanor Sanchez's representation that 'Lines & Spaces/Tri-Realty refers

to just one entity; there was, therefore, no error attributable to

petitioners when they refunded the value of the undelivered bags of

cement to Lines & Spaces only.

Dr. Virtudes executed a complaint-affidavit charging Dr. Macabulos with

dishonesty, grave misconduct, etc.; Dr. Macabulos required her to submit

dental and medical receipts for the liquidation of cash advance amounting

because it was filed after 1 year from the occurrence of the act or

RA 6770 indicates that it is within the discretion of the Ombudsman

whether to conduct an investigation when a complaint is filed after one

year f

the word "may" is ordinarily construed as permissive or directory,

indicating that a matter of discretion is involved; when used in a

ord "shall" is

xxx dismissed outright for any grounds stated under Section 20 of

Republic Act No. 6770, provided, however, that the dismissal thereof is

not mandatory and shall be discretionary on the part of the Ombudsman or

the Ombudsman whether to pursue the investigation or dismiss the

complaint.

VIII. Aids in Interpretation and Construction

8.1 Intrinsic Aids 8

contracted with Central Capiz to supply of all sugarcane produced by her

for a term of 30 years, to be converted into a right in rem as an

encumbrance upon the land, binding to all future owners of the sam

Ramirez refuses to push through with the contract thinking it might

violate Act No.2874, “An Act to amend and compile the laws relating to

corporation...may acquire or own agricultural public land or land of any

other denomination or classification, not used for industrial or

residence purposes STATUTORY CONSTRUCTION


Page 14 of 23

More than 61% of the capital stock of petitioner is held and owned by

persons who are not citizens of the Philippine Islands or of the United

States; The land involved is a private agricultural land Purpose of Act

No. 2874 was and is to limit its application to lands of public domain

and that lands held in private ownership are not included therein and are

not affected in any manner whatsoever The phrase "and for other

purposes," found in the title of said Act (No. 2874), by virtue of the

provisions of section 3 of the Act of Congress of August 29, 1916 (the

Jones Law), cannot be interpreted to include, nor be made applicable to

any lands not public

filed charging the Defendant with“illegal possession of deadly weapon” in violation of PD No. 9 §

the Information did not allege facts which constitute the offense

Preamble of PD No. 9: WHEREAS, subversion, rebellion, insurrection,

lawless violence, criminality, chaos and public disorder mentioned in the

aforesaid Proclamation No. 1081 are committed and abetted by the use of

carrying any of the weapons described in the presidential decree is not a

"preamble," usually introduced by the "Whereas" clause, is the key of the

statute, to open the minds of the makers as to the mischiefs which are to

be remedied, and objects which are to be accomplished, by the provisions

and Natividad, were caught in a gambling house and were penalized on a

charge of vagrancy under the provisions of Act No. 519: (2) every person

found loitering about saloons or dram shops or gambling houses, or

tramping or straying through the country without visible means of support

tailoring business; and Natividad was a tailor, married, and had a house

of his own; it was under the first part of the portion of law for which

based upon something more substantial than the mere punctuation found in

conclusive, and the courts will not hesitate to change the punctuation

when necessary, to give to the Act the effect intended by the

Legislature, disregarding superfluous or incorrect punctuation marks, and

inserting others where necessary; they were acquitted 8.1.4 Definition

Buenviaje was found guilty of violation of illegal practice of medicine &

illegally advertising oneself as a doctor in accordance with Section 2678

of the Administrative STATUTORY CONSTRUCTION


Page 15 of 23

Code; She practices chiropractic although she has not secured a

certificate to practice medicine; She ‘treated and manipulated’ the head and body of Regino Noble which he pretended to suffer; Advertised and

offered her services as a physician by means of cards and letterheads

which she distributed in Manila, in which she prefixed to her name the

letters “Dra.” ‘Chiropractic’ is included in the ‘practice of medicine’; Statutory definition prevails over ordinary usage of the term Act 3111 is

constitutional as the title “An Act to Amend (enumeration of sections to be amended)” is sufficient and it need not include the subject matter of each section

Unabia was a foreman, Group Disposal, Office of the City Health Officer,

Cebu City; the City Mayor removed him from the service and his place was

taken by Perfecto Abellana, and latter by Pedro E. Gonzales; Petitioner

in the Philippine Civil Service, specifically the unclassified service

and his removal from his position is a violation of section 694 of the

Revised Administrative Code and section 4 of Art XII of the Constitution

Service" in the Constitution and the use small letters for the "civil

service" in the Revised Administrative code indicates only those

positions wherein the nature of the work and qualifications are not

words "Civil

Service" were used in the Constitution to indicate the group. No capitals

are used in the similar provisions of the Code to indicate the system.

Hence, there is no difference between the use of capitals in the

constitution and small letters in the Revised Administrative Code. Both

are expressly declared to belong to the Civil Service; hence the same

dismissed and since he did not petition for mandamus for his

reinstatement within a year, he is deemed to have abandoned his right to

his former position and is not entitled to reinstatement therein by

mandamus 8.2 Extrinsic Aids Legislative History Prior to Enactment 8.2.1

cy vs.

-in-fact of

Ma-ao Sugar Central Co. – shipped 5,124,416 gross kilos of centrifugal sugar to US in a wharf on Pulapandan, Occidental Negros on steamship

Hannover – a privately owned wharf collected wharfage dues on sugar at P2 per thousand gross kilos or a

total amount of P10,248.84; plaintiff paid, under protest – trial court

wharfage and not on any other harbor dues that the exporter would

accumulate including duty of tonnage STATUTORY CONSTRUCTION


Page 16 of 23

Duty of tonnage means is a duty tax or burden imposed under the authority

of the state, which is, by the law imposing it, to be measured by the

capacity of the vessel, and is in its essence contribution claimed for

the privilege of arriving and departing from a port The Government can be

allowed to collect because not to do so would overthrow and destroy the

whole system of the Government, in and by which millions of pesos have

been levied and collected and expended in the construction of Government

wharves, and it would have defeated the construction of the Government

wharf at Pulapandan Following the Contemporaneous Circumstance

construction – what is the intention of the lawmakers – historically, wharves not owned nor operated by government cannot be taxed or levied

upon Technically the meaning of such is a charge or rent for the use of

wharf but then again according to the High Court the meaning of the term

is for the construction of wharfs because there are no wharfs existing at

the enactment of such statute and after such enactment the wharfs have

been constructed left and right

suspension of Mayor Barobo for misconduct and dishonesty – set aside. The power of preventive suspension is not lodged in the provincial governor

zation Act of 1967 was ascertained using

effective instruments through which the people can in a most genuine

consonance with such policy, its purpose is "to grant to local

governments greater freedom and ampler means to respond to the needs of

their people and promote their prosperity and happiness and to effect a

more equitable and systematic distribution of governmental powers and

way to accomplish this mandate is to give a statute of doubtful meaning,

a construction that will promote public policy 8.2.3 Legislative History

– mortgaged to a bank – defaulted – 1961 – Oliva given 2 years to redeem – Prior to May 31, 1963, he offered to repurchase the property but the

a torrens title, he is entitled to redeem the property within five (5)

years from the date of the auction sale, pursuant to Section 119 of CA

e right of redemption expired on

February 4, 1963, under the provisions of Sec 6 of RA No. 720, as amended

history of the bills which later became said RA No. 2670, amending RA No.

720, shows that the original proposal was to give homesteaders or free

patent holders a period of 10 years within which to redeem their property

foreclosed by rural banks; STATUTORY CONSTRUCTION


Page 17 of 23

Consequently, the proposal was given up, with the specific intent and

understanding that homesteaders or holders of free patent would retain

the right to redeem within five (5) years from the conveyance of their

properties, as provided in the general law, that is to say the Public

Land Act, or Commonwealth Act No. 141.

vs. Court of Appeals

IX. Construction of a Statute as a Whole, its Part, and Other Statutes

approved Ordinance No. 207; Sec.17(w) To fix the charges to be paid by

all watercrafts landing at or using public wharves, docks, levees, or

to declare the ordinance void, for the wharves were owned by the National

Government – dismissed, no distinction between those owned by the

"public" does not refer to its ownership, it denotes rather the nature of

its use. Thus public wharves are those used generally by the public, free

ascertained from a consideration of the statute as a whole and not of an

isolated part or a particular provision alone. For taken in the abstract,

a word or phrase might easily convey a meaning quite different from the

one actually intended and evident when the word or phrase is considered

construction and maintenance of public wharves... Under subsection W,

there is clearly no distinction between public wharves owned by the

National Government and those owned by the city itself. However, the

immediately preceding subsection V impliedly establishes such a

distinction. Magtajas and City of Cagayan de Oro vs. Pryce Properties

City; it leased apportion of a building belonging to Pryce Properties

for it violates City Ordinance No. 3353 prohibiting the use of buildings

for the operation of a casino and Ordinance No. 3375-93 prohibiting the

to help centralize and regulate all games of chance, including casinos on

Cagayan is empowered to enact ordinances under LGC; Expressly vested with

the police power under what is known as the General Welfare Clause now

not contravene a statute. Municipal governments are only agents of the

decree has the status of a statute that cannot be amended or nullified by

a mere ordinance



Page 18 of 23

Laguna

the “Laguna Lake Development Authority”, it was amended by PD 813 & EO

permit for the use of all surface water for any projects or activities in

which contained provisions which granted fishing privileges and which the

served notice stating that violation of RA 4850 carries a penalty of

has jurisdiction, LLDA or local towns and municipalities? – LLDA, no repeal of RA 4850 by LGC; LGC is a general law, RA 4850 is a special law

-settled rule in this jurisdiction that a special statute,

provided for a particular case or class of cases, is not repealed by a

subsequent statute, general in its terms, provisions and application,

unless the intent to repeal or alter is manifest, although the terms of

the general law are broad enough to include the cases embraced in the

by EO 245 created NTA; Congress passed RA 6758, entitled “An Act Prescribing a Revised Compensation and Position Classification in the

Government and for Other Purposes”; DBM issued Corporate Compensation

employees of NTA have been receiving amelioration benefit which was later

changed to educational assistance ; Dalisay Aracan, Auditor of NTA,

issued a Notice of Disallowance of the payment of the educational

educational assistance is not among those allowances mentioned in Sub-

the social amelioration or educational assistance benefit given to the

individual petitioners prior to enactment of R.A. 6758 is authorized

u

into the prescribed salary rates, except xxx (7) such other additional

compensation not otherwise specified in Section 12 as may be determined

by the DBMxxx the enumerated fringe benefits are in the nature of

-all proviso,” the legislative intent is just to include the fringe benefits which are in the nature of

-paragraph 5.4 of IRR enumerates the allowance/fringe

benefits which are not integrated into the basic salary and which may be

-paragraph 5.5 of IRR provides for the other

allowances/fringe benefits not likewise integrated into the basic salary

– reimbursement is not necessary, allowance – reimbursement is required; the benefits mentioned in the first sentence of Section 12 and sub-paragraphs 5.4 and

5.5 of CCC No. 10 are entirely different from the benefit in dispute,

ardinal is the rule in

statutory construction “that the particular words, clauses and phrases should not be studied as detached and isolated expressions, but the whole

and every part of the statute must be considered in fixing the meaning of

any of its parts and in order to produce a harmonious whole; conflicting

provisions should be reconciled and harmonized, if at all possible



Page 19 of 23

ng and Lourdes Tan are

Chinese citizens; Boon Peng filed for naturalization under LOI 270, it

Arlene Co filed a case for correction of entries in their certificates of

birth, correcting and changing the entries as to the citizenship of their

on the ground that their father applied under LOI 270 and not under CA

zenship to

deserving aliens; hence, should be construed together – pari materia rule; while they provide for different procedures, CA No. 473 governs

naturalization by judicial decree while LOI No. 270 governs

naturalization by presidential decree; both statutes have the same

construed together because enactments of the same legislature on the same

provision should be read into the latter law as an integral part thereof,

make or set a right; to remove the faults or error from;” to change means “to replace something with something else of the same kind or with something that serves as a substitute”

X. Strict and Liberal Construction: Mandatory and Directory

for, and were issued free patents for contiguous parcels of land in

Camarines Sur; said land were allegedly forest land hence, not disposable

document were filed under Art. 171 of the RPC; lands of the public domain

is also punishable as perjury under Sec. 129 of C

that the crime has already prescribed according to Public Act No. 3326,

and prescribes in 10 years; perjury is punishable by imprisonment of 4

months to 2 years and 4 months, and prescribes after eight years under PA

substantive and remedial or procedural are, by consecrated rule, to be

strictly applied against the government and liberally in favor of the

recomendee of Sec. of Justice for the position of Provincial Prosecutor;

Private respondent Atty. Conrado Quiaoit was appointed by Pres. Ramos to

it took his oath and assumed office; Bermudez refused

to vacate the Office of the Provincial Prosecutor and challenged the

appointment of Quiaoit on the ground that the



Page 20 of 23

appointment lacks the recommendation of the Sec. Of Justice prescribed

under the Revised Admin Code of 1987 Petitioners contend that an

appointment of a provincial prosecutor mandatorily requires a prior

recommendation of the Secretary of Justice There is no hard-and-fast rule

in ascertaining whether the language in a statute should be considered

mandatory or directory, for each must be determined on the basis of the

specific law in issue and the peculiar circumstances attendant to it;

case-to-case basis The nature, structure and aim of the law itself is

often resorted to in looking at the legislative intent Generally, it is

said that if no consequential rights or liabilities depend on it and no

injury can result from ignoring it, and that the purpose of the

legislature can be accomplished in a manner other than that prescribed

when substantially the same results can be obtained, then the statute

should be regarded merely as directory, rather than as mandatory, in

character The power to appoint is, in essence, discretionary; the

appointing authority has the right of choice which he may exercise freely

according to his judgment, deciding for himself who is best qualified

among those who have the necessary qualifications and eligibilities The

President, being the head of the Executive Department, could very well

disregard or do away with the action of the departments, bureaus or

offices even in the exercise of discretionary authority, and in so

opting, he cannot be said as having acted beyond the scope of his

authority

XI. The Statute and the Constitution

that “any tax withheld from their emoluments or compensation as judicial officers constitutes a decrease or diminution of their salaries, contrary

to the provision the 1987 Constitution mandating that during their

looked into the intent of the framers of the Constitution; the primary

task in constitutional construction is to ascertain and thereafter assure

the realization of the purpose of the framers and of the people in the

the proposed

express grant of exemption from payment of income tax to members of the

Judiciary, so as to give substance to equality among the branches of

of the Judiciary would be subject to the general income tax applied to

the town Mayor, were charged with murder of killing innocent farmers and

not cattle rustlers they were claimed to be; 4 were found guilty

Ø



Page 21 of 23

The killing occurred in Pangasinan where 3 Bulataos died, each of which

constitutes crime of murder qualified with treachery; penalty for murder,

under Art 248 of the RPC, was RT max to death Sec 19 of the 1987

Constitution does not expressly declared the abolition of the death

penalty; does not change the periods of the penalty prescribed by that of

the RPC except only insofar as it prohibits the imposition of the death

penalty and reduces it to reclusion perpetua SC was not persuaded that it

was the intention of the framers to lower not only the maximum period but

also the other periods of the original penalty; Thus, the applicable

sentence imposed on all the accused for the murder committed in

conspiracy with others is reclusion temporal in its medium period to

reclusion perpetua

Act creating the CAR) with the votes of the people in the provinces of

Benguet, Mountain Province, Kalinga-Apayao, Ifugao, Abra and the city of

memorandum from the COMELEC and the Secretary of Justice states that only

provinces voting favorably in the plebiscite shall constitute the region

“there shall be created autonomous regions xxx consisting of provinces, cities, municipalities and geographical areas xxx” From this, it can be derived that the term “region” used in its ordinary sense means two or

never intended that a single province may constitute the Autonomous

ust join other provinces,

cities, municipalities, and geographical areas; it joins other units

because of their common and distinctive historical and cultural heritage,

well-established rule in statutory construction that the language of the

Constitution, as much as possible should be understood in the sense it

has in common use and that the words used in constitutional provisions

are to be given their ordinary meaning except where technical terms are

6715 (Herrera-Veloso Law), amending the Labor Code was approved, it

provides in Sec 13 that The Chairman, the Division Presiding

Commissioners and other Commissioners shall all be appointed by the

Pres Aquino issued permanent appointments to the Chairman and

Commissioners of the NLRC without confirmation from the Commission on

Appointments; Calderon, thus, filed a petition for prohibition

questioning the constitutionality and legality of the permanent

the confirmation powers of the Commission on Appointments WITHOUT

constitution

expand the list of officers whose appointments must be confirmed by the

Commission on Appointments, the Constitution would have said so by adding

the phrase "and other officers required by law" at the end of the first

sentence, OR the phrase, "with the consent of the Commission on

Appointments" at



Page 22 of 23

the end of the second sentence It is the duty of the Court to apply the

1987 Constitution in accordance with what it says and not in accordance

with how the legislature or the executive would want it interpreted

Confirmation by the Commission on Appointments is required ONLY for the

1st group: heads of the executive departments, ambassadors, other public

ministers and consuls, officers of the armed forces from the rank of

colonel or naval captain; and 2nd group: other officers whose

appointments are vested in him in this Constitution NLRC falls under the

3rd group of appointees: Those whom the president may be authorized by

law to appoint

bidding, 30%-51% shares of Manila Hotel Corporation, Manila Prince Hotel

Corporation offered to buy 51% of MHC or 15,300,000 shares at P41.58 per

share; Renong Berhad, a Malaysian firm, bid for the same number of shares

matching the bid price of P44 per share. They also sent a manager's check

to GSIS as Bid Security to match the bid, however, GSIS refused to accept

qualified Filipinos shall be preferred; unless it is expressly provided

that a legislative act is necessary to enforce a constitutional mandate,

the presumption now is that all provisions of the constitution are

shall be given to those citizens who make a viable contribution to the

common good, becau

hotel that played and continues to play significant role as an authentic

repository of 20th Century Philippine history and culture, thus, it is to

of the MHC

cannot be disassociated from the hotel and the land on which the hotel

dictates of the 1987 Constitution the provisions of which are presumed to

be known to all the bidders a

Filipino corporation was able to match the bid of the foreign firm, it

must be awarded to the said corporation if we are to give life and

meaning to the Filipino First Policy provision

“That in all things, God may be glorified!” STATUTORY CONSTRUCTION


Page 23 of 23

Date post:	12-Dec-2015
Category:	Documents
Upload:	florimay
View:	32 times
Download:	3 times

Stat Con reviewer

Documents