FULE v.

CA
Facts: Petitioner was convicted of violation of BP 22, on basis of stipulation of facts entered into
between the prosecution and the defense during the pre trial conference.
Held: Sec. 4 "pre trial sgreements must be signed. -NO agreement or admission made or enter during
the pre-trial conference shall be used in evidence against the accused unless reduced to writing and
signed by him and his counsel"
NEGATIVE WORDS =MANDATORY
AFFIRMATIVE =DIRECTORY
SHALL = MANDATORY, IMPERATIVE, OPERATING TO IMPOSE A DUTY
Omission of the signature of the accused and his counsel, as mandatorily required renders the
STIPULATION OF FACTS INADMISSIBLE IN EVIDENCE
Withouy said evidence independent ofmthe admission, the guilt of the accused cannot be deemed
astablished beyond reasonable doubt.

BERSABAL v. HON. SALVADOR

Facts: Failure or the petitioner to file her memo on time as required by Court of First Instance
Issue: WON the petitioner should be held liable
Held: No.
RA 6031 Courts of First Instance shall decide such appealed cases on the basis of the evidence and
records transmitted from the city or municipal courts, PROVIDED that the parties MAY submit
memo.
Submission of memoranda is OPTIONAL
MAY = permissive only and operates to confer discretion
SHALL = imperative, operating to impose a duty which may be impose; mandatory or directory
depending on the provision.

OMBUDSMAN v. SAHAGUN
Issue: WON Sec. 20 (5) of R.A. no. 6770 prohibits admin investigations files more than 1 year after its
commission.
Held: Sec. 20 Exceptions The Office of Ombudsman MAY NOT conduct the necessary investigation..
if it believes that:
(5)Complaint was filed 1 year from the occurrence of the act or omission complained of
MAY = permissive only and operates to confer discretion; not mandatory
MAY NOT negative phrase

Discretionary upon the Ombudsman WON to conduct an investigation even if it was filed after 1 year.

LOYOLA GRAND VILLAS HOMEOWNERS v. CA

Facts: The head of legal dept. of HIGC informed that the petitioner had automatically dissolved for 2
reasons:
1.

It does not submit its by-laws within the period required by Corp. Code

2.

There was a non-user of corp. charter because HIGC did not received any report on the
associations activities.
Issue: WON petitioners failure to file by-laws within required will result to automatic dissolution
Held: NO. Corp Code Sec. 46 Adoption of by-laws Every corporation MUST within 1 month after
receipt of official notice of the issuance of its cert. of incorporation by Securities abd Exchange
Commission, adopt a code of by-laws for its government not inconsistent with this Code..
MUST = imperative act or operates to impose a duty which may be enforced. Mandatory
If the language of statute considered as a whole and with due regard to its nature and object reveals
that the legislature intended to use the words shall and must to be directory.
There are facts where by-laws are unnecessary to corporate existence or to the valid exercise of
corporate powers, thus:
By-laws are not necessary either to the existence of a corporation or to the valid exercise of the
powers conferred upon it
Petition DENIED

ROOS INDUSTRIAL CONSTRUCTION v. NLRC

Facts: Private respondent filed a complaint against petitioner for illegal dismissal and money claims to
NLRC. It is found out that he was illegally dismissed after finding that he had acquired as a regular
employee.
Dec 17, 2003 Petitioners received a copy of labor arbiters decision
Dec 29, 2003 last day of reglementary period.
Petitioners filed a motion for reconsideration since the signatories were on leave, made a commitment
to post the surety bond Jan 6 2004 instead.
NLRC contends that the bind is indespensable requisite for the perfection of an appeal. It is mandatory
and jurisdictional.
Issue:WON the motion for extension of time to file cash or surety bond to NLRC toll the reglementary
period to appeal
Held: the Court held that an appeal from the decision of Labpr arbiter involving monetary award is only
deemed perfected upon the posting of a cash or surety bond within 10 days from such decision.
Art 223 appeal - Decisions, awards or orders from labor arbiter are final and executory unless appealed

to the commission by any or both parties within 10 days from receipt of such decisions......
In case involving monetary award, an appeal by the employer may be perfected ONLY upon the posting
of cash or surety bond..."
ONLY = the lawmakers intended the posting of cash or surety bond by the employer to be the
exclusive meqns by which an employer's appeal may be considered completed.
Ppsting of a bond to ensure that the award will be eventually paid,
PNB v. CA
Facts: To secure payment of his loans, private respondent mortgages 2 lots located at Bocaue, Bulacan
to the petitioner. Yet, they failed to pay so the bank foreclose the properties and post it for biding. The
petitioner as the highest bidder then sold it to the 3rd person
Notices of sale was published in the newspaper "Daily Record"
March 28 (Friday), April 11(Friday) April 12 (Sat)
RA 3135 Sec3 "notice of auction must be published once a week for at least 3 consecutive weeks"
Issue: WON the bank complied with the required publication
Held:No.
Week = 7 consecutive day, regardless of the day it begins
The publication effected on April 19, 1969 cannot be construed as sufficient advertisement for the first
week because the period for the first week should be:
First week = March 28 - April 3
Second week = April 4-April 10
Announcement on April 11 was both theoretically and physically accomplished during the first day of
the 3rd week,
Petition dismissed. Auction sale of mortgage property deemed void and of no legal effect.

ALU TUCP v. NLRC

Facts: Petitioners filed separate complaints for unfair labor practice, regularization and monetary
benefits with the NLRC.
Labor arbiter declared petitioners "regular project employees who shall continue their employment as
such for as long as such project exist"
Petitioners appealed stating that they are regular employees
Private respondent appealed that they are project employees as they are employed on a specific
project
Art 280 Regular and Casual Employment - ... An employment shall be deemed to be regular where the
employee has been engaged to perform activities which are usually necessary or desirable in the usual

business...... Except where the employment had been fixed for a specific project r undertaking the
completion or termination of which has been determined at the time of engagement of the employee
or where the work or services to be performed is seasonal in nature and the employment is for the
duration of the season.
"An employment shall be deemed to be casual if it is not covered by the preceeding paragraph;
PROVIDED, that, any employee who has rendered at least 1 year service whether such service is
continuous or broken, shall be considered regular employee
Issue: WON the petitioners are properly characterized as "project employees" rather than "regular
employees"
Held: Yes. The proviso in the second paragraph of the Art 280 relates only to casual employees and is
not applicable to those who fall within the definition of said article 's first paragraph., i.e., proj.
Employees.
PROVISO = TO BE CONSTRUED WITH REFERENCE TO THE IMMEDIATE PRECEEDING PARAGRAPH
UNLESS THE CLEAR LEGISLATIVE INTENT IS TO RESTRICT ORNQUALIFY NOT ONLY THE PHRASE
IMMEDIATELY PRECEDING THE PROVISO BUT ALSO EARLIER PROVISIONS OF THE STATUTE.
PETITION DISMISSED

CHAPTER 5
ARIS(PHIL) INC vs NATIONAL LABOR RELATIONS COMMISSION
FACTS:
Private respondents protest against the management concerning on their working environment
become detrimental and hazardous
private respondents was dismissed for violation of company rules
PR filed complaint for illegal dismissal against petitioner with the NLR\
Labor arbiter favor of private respondent order of reinstatement.
petitioner assails the constitutionality of amenedment introduce by sec 12 of RA No 6715 to article
223
sec 12 article 223
in any event the decision of labor arbiter reinstating adismissed or separated e,ployee in so far as
the reinstatement aspect is concerned, shall immediately be executor, even pending appeal.
Employee shall either be admitted back to work under the same terms and conditions
HELD:
PETITIONER DISMISSED
law is not only supported and sustained by the foregoing consideration.
exercise of police power of the state.
State may immediate implementation, pending appeal, of decision reinstating a dismissed or
separated employee since that saving a ct is designed to stop.
Continuing threat of danger to the survival or even the life of the dismissed or separated employee
and his family
Law shall not be declared invalid unless the conflict with constitution is clear beyond reasonable
doubt
LIM VS PACQUING

FACTS:
charter of the city of manila was enacted by Congress sec 18
sec 8 - legislative powers - .jai-alai..notwithstanding any existing law to the
contrary.
> Jan 1,1951, E.O. No. 392 was issues transferring authority to regulate jai_alais from local
government.
>Jun 20,1953 Congress enacted R.A. No. 954 prohibit certain activitiesjai-alai
>Sept 7 1971 Municipal board manila passed ordinance allow and perm it associated
development cotp to establish maintain operate jai-alai.
>Aug 20 1975 PD.No 771 was issued of President Marcos -expressly revoked all existing franchises
and permits issued bty local government
>May 19 1998, associated development corp. tried to operate jai-alai. Amusemend invoked PD 771
violative of equal protection and non-impairment clauses of constitution.
ISSUE:
>WON PD771 is already repealed
HELP:
>time honored doctrine all laws included PD No. 771. Presumed valid and constitutional until .
>nothing in the record to show or even suggest that PD No. 771 has been repealed , altered and
amended.
ALL LAWS ARE PRESUMED VALID AND CONSTITUTIONAL UNTIL OR UNLESS OTHERWISE RULED BY
THE COURT
LIM VS People of the Philippines
ISSUE:
>constitutionality of PD 818. Decree amended article 315 incresing the penalties for estafa.
violation of due process clause, right to bail , provision against cruel.
HELD:
petitioner failed to present clear and convincing proof to deaf presumption of contiutionality of PD
818.
when law is questioned to nullification there must be aclear ad unmistakable breach of constitution
not a doubt and argumentative one.

KAREN SALVACION VS

CBP

FACTS:
>greg bartelli northcott American tourist lured petitioner karen.
>greg detained Karen for four days,3 times a day.
>police and neighbor rescued Karen and arrested and detained recovered DOLLAR CHECK
>Gregg escape
escaped, trial court issued a writ of preliminary attachment and notice
of garnishment was served TO China Banking Corp.
>CBC and CBP refuse to honor wirt of execution by central bank circular 960
sec 113. Exemption from attachment foreign currency deposits shall be ecempt from
attachment, gatnishment/.

ISSUE
WON sec 113 of CBP 960 and sec 8 RA 6426
HELD:
Law depends on the xtent of justice.applicable to a foreign transient injustice would result
especially to a citizen aggrieved by foreign guest like greg bartelli
aquitting the guilty at the expense of the innocent
WHEN THE STATUTE IS SILENT OR AMBIGUOUS, ONE FUNDAMENTAL solutions that would respond
to vehement URGE OF CONSCIENCE.

ALONZO VS INAC AND PADUA

FACTS:
< 5 btothers and sister inherited equal prodindiviso
>1963celestino padua and 1964 eustaquia sell the share to the same vendee of their part in the
parcel land
>1976 mariano padua sought to redeem the area sold to spouses Alonzo , dismissed he was
American citizen
> Tecla padua another co-heir invoking same right of redemption. Dismissed , ground has lapse, 30
days from notice of sale in 1963
>reversing the trial court, respondent declared the notice required by said article.
ISSUE:
WTF there was a valid notice ?
HELD: petition granted
>private respondent was aware of the sales made by their brother and sister 1963 and 1964
>they were actually informed, not in writing , of the sales and such notice was sufficient.
>1976 first complaint for redemption was filed, other co-heir actually informed about the sale 30
day period is running and ultimately expired
>1977 when Tacla padua filed her complaint the right had already been extinguished, exercise
already expired.
A LAW SHOULD NOT BE INTREPRETED SO AS TO CASUSE AN INJUSTICE.

BERCES VS HON EXECUTIVE SECRETARY GUINGONA

FACTS:
petitioner filed 2 administrative case against Mayor Corral for abuse of authority and oppression
and dishonesty.
sangguniang panlalawigan ordered the suspension of Mayor Corral, appealed the decision to the
Office othe president under Section 67(b).
President ordered the stay of execution of decision.
HELD:
Section 68 of R.A. No 7160
Sec68 Execition pending appeal an appeal shall not prevent a decision from becoming final and
executor
Aforementioned clause is not an express repeal of section 6 of A.O. No 18because it failed to
identify the laws or executive orders that are intended to be repealed.
provisions of section 68 or R.A. No 7160 and sec 6 of Administrative order No. 18 ARE NOT

IRRECONCILABLY INCONSISTEND AND REPUGNANT AND THE TWO LAWS MUST IN FACT BE READ
TOGETHER.

MECANO VS

COA

FACTS:
>Antonio mecano(NBI director II) seeks to nullify the decision of COA denying claim of
reimbursement undere section 699 of RAC.
>petition was hospitalized for cholecystitis (service connected) incurred medical and
hospitalization expenses, total amount petitioner claming from COA.
>COA chairman eufenio domingo, denied petitioners claim on ground that section 699 of RAC has
been repealed by Administrative code 1987.
ISSUE : WON enactment of the AC of 1987 operates to repeal the RAC of 1917
HELD: (petition granted give due care of petitioners claim for benefits)
it was not intent of the legislature to supplant old code with new code partly depends on scrutiny
of repealing clause of new code.
Sec 27 Repealing clause all laws, decrees, orders, rules and regulations, or portions thereof,
inconsistent with this code are hereby repealed or modified accordingly
New code does not cover nor attempt to cover the entire subject matter of the old code
REPEALS OF STATUTE BY IMPLICATION NOT FAVORED
DANILO PARAS VS COMELEC
FACTS:
petitioner incumbent of punong barangay of pula, Cabanatuan city won in 1994.
registered of barangay filed a recall for PARAS.
public respondent COMELEC resolved to approve petition, scheduled petition signing on Oct 1995
set recall election on Nov 1995.
29.30% signed the petitioin, 25% requirement provided by law.
COMELEC deferred the recall election in view of petitioners opposition.
petitioner argument pointing section 74(b) republic act no 7160
(look article in held)
. Petitioner insist that scheduled Jan 1996 recall elction is now barred as SK .
petitioner maintains that SK election is a regular local election, no recall election can be had for
barely 4 months separate the SK elec. From recall election.
ISSUE: WON SK election can be considered a regular local election
HELD:
sec 74. Limitations on recall(a) any elective local official may be subject of recall election only once during his term of office for
loss of confidence.
(b) no recall shall take place within one year from the date of the officials assumotion to office or
one year immediately preceding a regular local election.
every part of the statue must be considered together with the other parts, and kept subservient to
general intent of the whole enactment.

paragraph A pertaining to a subject that may be recall election. During 2 nd yr of his term.
interpreting the phrase regular local election to include SK will unduly(unreasonable)
circumscribe(limit the size) the provision of local government code on recall.
IN THE INTERPRETATION OF STATE, COURT SHOULD START WITH THE ASSUMPTION THAT
LEGISLATURE INTENDED TO ENACT AN EFFECTICE STATUTE.

COMMISSIONER OF INTERNAL REVENUE

VS
ESSO STANDARD EASTERN INC AND THE COURT OF TAX APPEAL
FACTS:
ESSO overpaid its 1959 Income tax by P221,033.00.
ESSO payment of tax was found short by 376,994.00(1960)
commissioner demanding ESSO payment of deficiency tax, with interest.
ESSO protested the computation of interest , it should not been require to pay interest on
deficiency of tax P367,994.00 only amount of P146,961.00 . because ESSO earlier overpayment of
P221,033. (tax granted by commissioner)
ISSUE: WON ESSO should pay interest.
HELD: PETITION FOR REVIEW DENIED.
respondent court of tax appeals had stressed that Government already had the sun of P221,033.00
excess payment. Sums belongs to ESSO .Government had the obligation to return the money to
ESSO
legally nor logically possible for ESSO to be considered a debtor of the government in amount of
P221,033.00 and whatever other obligation ESSO might subsequently incur would have to be
reduced by the excess payment. No interest could be charge.
STATUTES SHOULD RECEIVE A SENSIVLE CONSTRUCTION , SUCH AS WILL GIVE EFFECT TOT THE
LEGISLATIVE INTENTION AND SO AS TO ACOID AN UNJUST OR ABSURD CONCLUSION

URSUA VS CA
FACTS:
counsel of petitioner requesting for a given a furnished copy of complaint against petitioner.
atty. Palmores ask petitioner to take his letter request to Office of Ombudsman because Oscar
Perez (law firms messenger) attended some personal business.
Perez told him not to worry as he could just sign his name in receipt of complaint
when petitioner go to office of ombudsman he wrote Oscar Perez name in visitors logbook and also
writing the name of Oscar perez in the receipt.
petitioner talked to Loida
Loida learned that Oscar Perez was actually Cesario Ursua.
ISSUE: WON the use of different name belonging to another in isolated transaction falls within the
prohibition of C.A. no. 142
HELD:
judgment reversed and set aside, petitioner acquitter.
C.A. No. 142 origin and basis in Act No 3883
Act to regulate the use in business transactions of names other than true names.
C.A. No142. Penalized the act of using an alias name unless such alias was duly authorized by
proper judicial proceeding and recorded in the civil register.

act of petitioner may be covered by other law, does not constitute an offense within concept of
C.A. No. 142. Confusion and fraud in business transaction which the anti-alias law and related
statute seek to prevent are not present.
STATUTES MUST RECEIVE A SENSIVLW CONSTRUCTIO NSUCH AS WILL GIVE EFFECT TO THE
LEGISLATIVE INTENTION SO AS TO ACOID AN UNJUST OR ABSURD CONCLUSION

Chapter 6
Miriam vs. COMELEC
Facts: In this case, as issue was raised whether R.A no. 6735, entitled An act providing for a system
of initiative and referendum and appropriating funds therefor was intended to include or cover
initiative on amendments to the constitution; and if so, whether the act, as worded, adequately covers
such initiative.
The majority opinion is on the negative view.
Issue: WON the possible amendment to the Constitution is adequately worded
Held: No based on the opinion of the Court. If Congress is intended R.A No. 6735 to fully provide for
the implementation of the initiative on amendments to the Constitution, they provided for the subtitle
therefor.
Florencio Eugenio vs. Exec. Sec. Franklin Drilon, et al.
Facts:Private respondent purchased on installment basis from petitioner and his co-owner of two lots
in Quezon City.
The petitioners contention in this case, he avers that the Exec. Sec. erred in applying P.D. 957 and in
concluding that the non-development of the lot purchased justified private respondents non-payment
of his amortization.
Issue: WON Exec. Sec. erred in applying the PD 957
Held: No, PD no. 957 has retroactive effect so as to cover even those contracts executed prior to its
enactment. PD 957 did not expressly provide for retroactivity in its entirety, but such can be plainly
inferred from the unmistakable intent of the law.
It goes without saying that, as an instrument of social justice, the law must favor the weak and the
disadvantaged.
People vs. echaves, Jr.
Note: this case was taken up in chapter 4. Look for Genies digest in chapter 4. Thanks!

Chapter 7
Customs v. ESSO Standard Eastern
Facts: Respondent is a holder of Refining Concession no. 2, issued by the Secretary of Agriculture and
natural Resources; operates a petroleum plant.
RA mp. 387 Art. 103 During the 5 years following the granting of any concession, the concessionaire
may import free of customs duty, all equipment, machinery, material, instruments, supplies and
accessories
Customs collector held that the respondent is subject for payment of the special import tax as
amended by RA 2352
Respondent appealed, in the Petitioners favor.

Upon review, reversed decision; hence ordered refund to respondent

Issue: WON the exemption enjoyed by the petitioner
Held: WHERE A STATUTE IS AMBIGUOUS, THE COURTS MAY EXAMINE BOTH THE PRINTED PAGES OF
THE PIBLISHED ACT AS WELL AS THOSE EXTRINSIC MATTERS THAT MAY AID IN CONSTRUING THE
MEANING OF THE STATUTE SUCH AS:
A HISTORY OF ITS ENACTMENT
B THE REASONS FOR THE PASSAGE OF THE BILL
C PURPOSES TO BE ACCOMPLISHED BY THE MEASURE
RA. No. 387 The Petroleum Act 1949
The act to promote the exploration, development, exploitation, and utilization of the petroleum
resources of the Philippines, To encourage the conservation of such Petroleum resources
Art. 103 During the 5 years following the granting of any concession, the concessionaire may import
free of customs duty, all equipment, machinery, material, instruments, supplies and accessories
Art. 102 Work obligations, taxes, royalties not to be charged
Art. 104 No export tax to be imposed
In conflict:
RA 1394 Special import Tax Law An act to impose a SPECIAL IMPORT TAX ON ALL GOODSBROUGHT
INTO THE PHILIPPINES
The history of the enactment provides the true intent of the lawmaking body.
It is towards the achievement of National Economic Goal. Petition Dismissed
VERA, as Commissioner of Internal Revenue v. CUEVAS, Institute of Evaporated Filled Milk
Manufacturers
Facts: Petitioner requires the respondents to withdraw all filled milks in the market because they did
not bear the inscription of This milk is not suitable of nourishment for infants less than one year of
age required by Sec. 169 of Tax Code.
Sec. 169 Inscription to be placed on skimmed milk All condensed skimmed milk and all milk in
whatever form, from which the fatty part has been removed totally or in part, sold or put on sale.
must marked.. This milk is not suitable of nourishment for infants less than one year of age
Held: Sec. 169 does not apply to filled milk. The general clause is restricted by the specific term
skimmed milk
PAFLU (Philippine Association of Free Labor Unions) v. Hon. Noriel, NAFLU (National Federal
of Free Labor Unions)
Facts: NAFLU won against PEFLU. A majority of valid votes cast suffices for the certification of the
victorious labor union as the sole and exclusive bargaining agent.
Certified bargaining agent of all employees = NAFLU
Petitioner contented that the spoiled ballots should be counted in determining the valid votes cast.
That there is a grave abuse of discretion on the part of respondent director
Issue: WON there is a grave abuse of discretion

Held: No. The controlling weight to be accorded the implementing rule above-cited, no inconsistency
being shown between such rules and the present Labor Code.
Assuming in the applicable stature, it must receive a construction in accordance with and not in
disregard of the cardinal postulate of a public office being a public trust.
The principle that the contemporaneous construction of a statute by the executive officers of the
government whose duty is to enforce it.
COURTS WILL AND SHOULD RESPECT THE CONTEMPORANEOUS CONSTRUCTION PLACED UPON A
STATURE BY THE EXECUTIVE OFFICERS WHOSE DUTY IS TO ENFORCE IT, AND UNLESS SUCH
INTERPRETATION IS CLEARLY ERRONEOUS, WILL ORDINARILY BE CONTROLLED THEREBY.
DE VILLA v. CA
Facts: Petitioner was charged BP22, executed and delivered to private respondent in Makati
The check in question is in dollar account, hence, not covered in BP22
Held: Courts may avail themselves of actual proceedings of the legislative body to assist in
determining the construction of a statute of doubtful meaning.
IF THERE IS DOUBT= MEANING PUT TO THE PROVISION DURING THE LEGISLATIVE DELIBERATION OR
DISCUSSION ON THE BILL MAY BE ADOPTED.
Discussion in Batasang Pambansa
Mr. Tupay: Any check may involve? Such as U.S. dollar checks and alike?
Mr. Mendoza: Yes. Whatever currency.

NATIONAL POLICE COMMISION v. HONORABLE SALVADOR., Et. Al

Facts: RA 6975 Sec. 39 Compulsary Retirement- officer and non officer at age 56, provided that in
case of chief superintendent, director or deputy director general, the Commission may allow his
retention on the service for an unextendible period of 1 year
Private respondents, members of defunct Philippine Constabulary, age 56 filed a complaint, since they
are covered by sec. 39 of RA 6975
Within the transition period of 4 years following the effectivity of this act, the following members of
INP shall be considered compulsorily retired
a

1st year effectivity = 60y/o

2nd year effectivity = 59y/o

3rd year effectivity = 58y/o

4th year effectivity = 57y/o

INP = includes both former members of Philippine Constabulary and the local police force
Petitioners contend that the 4 year transition provided:

60y/o = applies only to local police forces who previously retire, compulsorily those ranks of Police/ Fire
Lieutenant or higher and that of the retirement age of PC is 56 y/o under AFP Law.
RTC ruled in favor of private respondents
Petitioners contend:
PD 765 Sec. 89 Constitution of the Integrated National Police - shall be composed of Philippine
Constabulary as the nucleus, and the integrated police forces as established by PD..
Issue: WON the RA 6975 distinguished INP from PC
Held: It cannot be construed that INP includes members of the PC
IN CASE OF DOUBT AS TO WHAT A PROVISION OF A STATUTE MEANS, THE MEANING PUT TO THE
PROCISION DURING THE LEGISLATIVE DELIBERATIONS MAY BE ADOPTED.
COURTS SHOULD NOT GIVE A LITERAL INTERPRETATION TO THE LETTER OF THE LAW IF IT RUNS
COUNTER TO THE LEGISLATIVE INTENT.
THE COURT IS MERELY GIVING LIFE TO THE REAL INTENT OF THE LEGISLATORS BASED ON THE
PRECEDE THE ENACTMENT OF RE 6575.
Petition granted.
CASCO PHILIPPINE CO., INC v. HON. GIMENEZ
Facts: The petitioner bought foreign exchange for the importation of urea and formaldehyde which are
main components of synthetic resin glues.
Petitioners sought refund of margin fee relying upon the Resolution No. 1529 declaring that the
components are exempted from the said fee
Respondent contended that the components used is not exempted in accord of Sec. 2 par. 15 RA 2609.
Issue: WON the components used are exempted
Held: RA 2609 Sec. 2
The margin established by the Monetary Board shall not be imposed in the following:
Urea formaldehyde for the manufacture of plywood and hardboard.
Petitioner contends that Urea formaldehyde is a finished product while urea and formaldehyde is
different.
The remedy is by amendment or curative legislation, not by judicial decree.
ARZADON-GARVIDA v. PILLOS, CA
Facts: marcos boundaries stated in the second paragraph, particularly the phrase "on the East, by the
ilocos Norte -Mt. Province boundary"
Nueva Era was between Marcos and the Ilocos Norte-Apayao boundary such that if Marcos was to be
bounded on the east buthe ilocos Norte-Apayao boundary, part of NuevaEra would consequently be
obtained by it.
Sangguniang bayan passed Resolution entitled "Resolution claiming an area which is an Original part
of Nueva Era,
But separated due to the creation of Marcos Town in the Province of Ilocos Norte"

Issue: WON the eastern boundary of Marcos extends over and covers a portion of Nueva Era
Held: WHERE THERE IS AMBIGUITY IN A STATUTE, MAY RESULT TO EXPLANATORY NOTE TO CLARIFY
THE AMBIGUITY AND ASCERTAIN THE PURPOSE AND INTENT OF THE STATUTE.
Explanatory Note:
The bill seeks to create in the Province of Ilocos Norte a new municipality to be known as Municipality
of Marcos, to be comprise of barrios..all in the Municipality of Dingras
The municipality of Dingras will not be adversely affected too much because its finances will still be
sound and stable.
THE SAID DESCRIPTION OF BOUNDARIES OF MARCOS IS DESCRIPTIVE ONLY OF THE LISTED BRGYS OF
DINGRAS AS A COMPACT AND CONTIGUOUS TERRITORY.

Chapter 8
PENAL STATUTES SHOULD BE STRICTLY CONSTRUED AGAINST THE STATE AND LIBERALLY IN
FAVOR OF THE ACCUSED, TRULY, MAY NOT BE A MERE CLICH BUT, SO ALSO, IS NOT MEANT
TO WRONGLY SHIELD AN ACCUSED FROM CRIMINAL LIABILITY.
CENTENO v. HON. VILLANON-PERNILLOS
Facts: The officers of civic organization known as Samahang Katandaan ng Nayon ng Tikay launched a
fund drive for the renovation of the Chapel in Bulacan.
The petitioners solicited P1,500. In which admitted without a permit from the Department of Social
Welfare and Development.
Violation of PD 1564/ Solicitation Permit Law in MTC was filed against the Petitioners.

Petitioners appealed stating that PD 1564 covers only solicitation made for charitable or public welfare
purposes, but not those for a RELIGIOUS purposes.
Petitioners was sentenced to pay a fine of P200.
Trial court recommended that the accused be pardoned since they acted in Good Faith, and that of it
should not be criminally liable.
Petitioner appealed in RTC, yet, it increased the imprisonment to 6 month and a fine of P1,000.
PD 1564
Sec.2 Any person, corporation, organization or association desiring to solicit or receive contributions
for the CHARITABLE OR PUBLIC WELFARE purposes shall first secure a permit from the Regional Offices
of the Department of Social Services and Development.
Issue: WON the religious purposes are under charitable purposes
Held: No. The fundamental doctrine that all penal legislations that such interpretation should be
adopted as would favor the accused.
The word Charitable is a matter of description rather than precise definition, and each case involving
a determination of that which is charitable must be decided on its own particular facts and
circumstance.
THE LAW DOES NOT OPERATE IN VACUO NOR SHOULD ITS APPLICABILITY BE DETERMINED BY
CIRCUMSTANCES IN THE ABSTRACT.
DECISION REVERSED. PETITIONER ACQUITTED.

URSUA v. CA
Facts: The counsel of the petitioner asked the petitioner to deliver the letter of request (furnished copy
of complaint) to the Ombudsman. He then used the name of the messenger because he was reluctant
to personally ask for the document.
Before the petitioner could leave, he was greeted by Josefa Amparo who also works in the office. Loida
(Josefas customer in gasoline station) found out that he used the name of the messenger instead of
his, she then reported the matter to the Deputy Ombudsman who recommend that the petitioner be
accordingly charged.
Trial court found him guilty of CA No. 142 Sec. 1
Issue: WON using different name is under the provision
Held: No.
IN CONSTRUING A STATUTE THE REASON FOR ITS ENACTMENT SHOULD BE KEPT IN MIND AND THE
ATATUTE SHOULD BE CONSTRUED WITH REFERENCE TO THE INTENDED SCOPE AND PURPOSE.
CA No. 142 An Act to Regulate the Use in Business Transactions of names other than True Names,
Prescribing the Duties of the Director of Bureau of Commerce and Industry on its Enforcement,
Providing Penalties for Violations Thereof
In its history, the provision was primarily to curb the common practice among the Chinese of adopting

different aliases which create confusions in trade, in such that it almost bordered on the crime of using
fictitious names.
CA No. 142 is a penal stature and it should be construed strictly against the State and in favor of the
accused, the rationale of which is that the tenderness of the law for the rights of individuals and the
object os to establish a certain rule by conformity to which mankind, would be safe, and the discretion
of the court limited.
Judgment reversed and set aside. Petitioner Acquitted.

PEOPLE v. EWALPAN LADJAALAM y MIHAJIL

Facts:
Issue:
Held: