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Applying the legal maxim of Ejusdem Generis, where the general words
follow an enumeration by particular words and specific meaning, such
general words are not to be construed in its widest extent, but are to be
held as those specially mentioned. In the case at bar, the phrase, all
vehicles is limited by the enumeration of trucks, buses, SUVs,
Motorcycles, which are all pollution-emitting vehicles are should be
registered under the law. The law cannot include bicycles because it does
not emit black smoke and therefore not pollution-emitting vehicle. Thus, a
bicycle does not fall under the same class with those specifically
mentioned in the law.
2. If I were the lawyer of the precinct officer, I will use the legal maxims of
Ejusdem Generis and Ratio Legis or the Spirit of the Law, which will give
meaning and effect to the legislative intent in enacting laws. In the case
at bar, the law only covers communicable illnesses. While the phrase,
other communicable illness cannot be construed in its widest extent as
provided by Ejusdem Generis, and chicken pox is not expressly
mentioned in the enumeration, it is one of the communicable diseases
that the law intends to protect the community from. It is in the spirit of
the law to protect the community from all diseases, which can be acquired
through interaction with other people.
If I were the lawyer of Mr. Magaling, I will invoke that the rule is merely
permissive or directory as evidenced by the use of the word, may,
which in statutory construction, does not denote a mandatory act. Thus,
it is not mandated for all persons inflicted with communicable diseases to
vote online. It is discretionary on the voters part. Hence,
Mr. Magaling
may also vote at the precinct.
3. The proviso in the law does not apply to Berto. A proviso is a clause that
qualifies or restrains the generality of a provision in the law. It should be
construed to give reference to the immediately preceding part or words in
the provision to which it is attached. The proviso, provided that their
family income is below Php 1,000 a month is only applicable to all
college students of public schools regardless of the course taken. Berto, in
this case, is a college student from a private school and his course is not
related to molecular science. Therefore, he cannot avail of the free tuition
under the law because he does not fall under the college students in the
proviso.
4. The presumption of against unconstitutionality of laws operates in this
case. A law, being a joint act of the legislative and executive branches of
the government, is supposed to have been carefully studied and
determined to be constitutional before it was finally enacted in respect to
the doctrine of separation of powers. The Court will not motu propio
declare a law unconstitutional because all laws are presumed valid and
13. Mr. Kapalpakan is entitled to claim for damages for the injuries he
sustained under Article 2189 of the New Civil Code. When there is a
conflict of laws, generally, special laws prevail over general laws.
However, there are exceptions. A specific or special provision in a general
law prevails over the general provision of a special law. As in this case,
the Citys charter is a special law and the New Civil Code is a general law;
however, the city invokes a general provision in their charter, which
cannot prevail over the specific provision of the NCC. Therefore, the city is
liable for Mr. Kapalpakans injuries.
14. The motion to arraign in absencia should be dismissed. The statutory
construction rule that penal laws and procedural laws have retroactive
application should not be invoked because applying it would be
detrimental to the accused and will impair his vested right of due process.
Retroactive application of penal and procedural laws is not automatic. It is
merely discretionary as the accused can choose to invoke said application
if it is favorable to him assuming he is not a habitual criminal and will not
affect his vested rights. In this case, applying the new law retroactively
will not be beneficial to the accused.
15. A constitutional provision is said to be self-executing when it is
already complete in itself without need for an enabling and
supplementary statute for it to take effect. The presumption is that all
provisions of the Constitution are self-executing unless the contrary is
clearly intended. If treated otherwise, the Constitution would lose its
supremacy over all other laws since legislature would have the power to
ignore and practically nullify the mandate of the fundamental law. It will
be subservient to the law-making power of the legislature as it will require
passage of a law for its provision to take effect.
16.
17.
18. Rogelio Aldub is liable for not filing a statement of contributions and
expenditures. RA 7166 provides that every candidate must file such
statement. The legal maxim of ubi lex non distinguit nec nos distinguere
debemos is applicable in this case which provides that when that law does
not distinguish, the courts should not distinguish. In the case of Pilar vs
Comelec, the Supreme Court held that the law did not distinguish a
withdrawing candidate from other regular candidates in the requirement.
Thus, Mr. Aldub is to be held liable.
19.
20. As the lawyer for Mr. Samangpalad, I would argue that my client has
incurred his ailment due to hazardous working conditions, or at least raise
a possibility that it's the illness is caused by hazardous working
conditions. This will allow us to invoke the liberal application of labor laws
in favor of the laborer.
21.