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Peo. v. Ferrer
What acts that may be Neither should the courts
considered liable under the construe statutes which are
Anti-Subversion Act perfectly vague for it violates
due process
Morales v. Enrile o Failure to accord persons
Rights of a person under fair notice of the conduct
custodial investigation to avoid
o Leave law enforcers
unbridled discretion in
RP v. CA/ Molina carrying out its
Guidelines for ascertaining provisions
psychological incapacity of an 2 leading stars on judicial
erring spouse in a void construction
marriage under Art. 36 FC o Good faith
o commonsense
LIMITATIONS ON POWER TO an utterly vague act on its face
CONSTRUE cannot be clarified by either a
saving clause or by
Courts may not enlarge nor restrict construction
statutes
Courts are not authorized to Courts not to be influenced by
insert into the law what they questions of wisdom
think should be in it or to Courts do not sit to resolve the
supply what they the merit of conflicting theories
legislature would have Courts do not pass upon
supplied if its intention had question of wisdom, justice or
been called to the omission. expediency of legislation, for
They should not by its not within their province
construction, revise even the to supervise legislation and
most arbitrary or unfair action keep it within the bounds of
of the legislature, nor rewrite common sense.
the law to conform to what
they think should be the law.
The court merely interpret The title may indicate the
regardless of whether or not legislative intent to extend or
they wise or salutary. restrict the scope of law, and a
statute couched in a language
CHAPTER THREE: Aids to of doubtful import will be
Construction constructed to conform to the
legislative intent as disclosed
IN GENERAL in its title.
Resorted as an aid where there
Generally is doubt as to the meaning of
Where the meaning of a statue the law or as to the intention
is ambiguous, the court is of the legislature in enacting
warranted in availing itself of it, and not otherwise.
all illegitimate aids to Serve as a guide to
construction in order that it ascertaining legislative intent
can ascertain the true intent of carries more weight in this
the statute. jurisdiction because of the
The aids to construction are constitutional requirement that
those found in the printed every bill shall embrace only
page of the statute itself; one subject who shall be
know as the intrinsic aids, and expressed in the title thereof.
those extraneous facts and The constitutional injunction
circumstances outside the makes the title an
printed page, called extrinsic indispensable part of a statute.
aids.
Baguio v. Marcos
Title The question raised is when to
It is used as an aid, in case of count the 40 yr period to file a
doubt in its language to its petition for reopening of
construction and to cadastral proceedings (to
ascertaining legislative will. settle and adjudicate the titles
If the meaning of the statute is to the various lots embraced
obscure, courts may resort to in the survey) as authorized
the title to clear the obscurity. by RA 931 covering the lands
that have been or about to be rendered within forty years
declared land of public next preceding the approval of
domain, by virtue of judicial this act.
proceedings instituted w/in That title written in capital
the 40 years next preceding letters by Congress itself; such
the approval of this act. kind of title then is not to be
The question is asked if the classed with words or titles
proceeding be reopened used by compilers of statues
originally instituted in court because it is the legislature
April 12, 1912 or November speaking.
25, 1922, the counted date Words by virtue of judicial
form which the decision decisions rendered in the title
therein rendered became final. of the law stand in equal
Petition was filed on July 25, importance to the phrase in
1961 Sections 1 thereof by virtue of
Title of the Law An Act to judicial proceedings
authorize the filing in the instituted.
proper court under certain The court ruled that
conditions of certain claims of examining Act no. 2874 in
title to parcels of land that detail was intended to apply to
have been declared public public lands only for the title
land, by virtue of the approval of the act, always indicative of
of this act. legislative intent.
There was an apparent No bill shall embrace more
inconsistency between the than one subject, which
title and body of the law. subject shall be expressed in
It ruled that the starting date the title of the bill, the words
to count the period is the date and for other purposes when
the final decision was found in the title have been
rendered. held to be without force or
It recites that it authorizes effect whatsoever and have
court proceedings of claims to been altogether discarded in
parcels of land declared public construing the Act.
by virtue of judicial decisions
Ebarle v. Sucaldito It is a part of the statute
The issue is raised whether written immediately after its
Executive order no. 264 title, which states the purpose,
entitled Outlining the reason for the enactment of
procedure by which the law.
complaints charging Usually express in whereas
government officials and clauses.
employees with commission Generally omitted in statutes
of irregularities should be passed by:
guided applies to criminal Phil. Commission
actions, to the end that no
Phil. Legislature
preliminary investigation
thereof can be undertaken or National Assembly
information file in court Congress of the Phil
unless there is previous Batasang Pambansa
compliance with the executive These legislative bodies used
order. the explanatory note to
EO only applies to explain the reasons for the
administrative and not to enactment of statutes.
criminal complaints. Extensively used if
The very title speaks of Presidential decrees issued by
commission of irregularities. the President in the exercise
of his legislative power.
When resort to title not authorized When the meaning of a statute
The text of the statute is clear is clear and unambiguous, the
and free from doubt, it is preamble can neither expand
improper to resort to its title to nor restrict its operation,
make it obscure. much less prevail over its text.
The title may be resorted to in Nor can be used as basis for
order to remove, but not to giving a statute a meaning.
create doubt. When the statute is
ambiguous, the preamble can
Preamble be resorted to clarify the
ambiguity.
Preamble is the key of the Question rose whether the
statute, to open the minds of carrying of such weapon
the lawmakers as to the should be in relation to
purpose is achieved, the subversion, rebellion,
mischief to be remedied, and insurrection, lawless violence,
the object to be accomplished, criminality, chaos or public
by the provisions of the disorder as a necessary
legislature. element of the crime.
May decide the proper The mere carrying of such
construction to be given to the weapon outside ones
statute. residence is sufficient to
May restrict to what otherwise constitute a violation of the
appears to be a broad scope of law
law. Pursuant to the preamble
It may express the legislative which spelled out the events
intent to make the law apply that led to the enactment of
retroactively in which case the the decree the clear intent and
law has to be given retroactive spirit of the decree is to
effect. require the motivation
mentioned in the preamble as
Illustration of rule in indispensable element of
the crime.
People v. Purisima The severity of the penalty for
A person was charged w/ the violation of the decree
violation of PD 9 which suggests that it is a serious
penalizes, among others, the offense, which may only be
carrying outside of ones justified by associating the
residence any bladed, blunt or carrying out of such bladed of
pointed weapon not used as a blunt weapon with any of the
necessary tool or implement purposes stated in its
for livelihood, with preamble.
imprisonment ranging from
five to ten years. Peo v. Echavez
Issue: whether a person who particularly to illegal
squatted on a pastoral land constructions.
could be held criminally liable
for the violation of PD 772 Context of whole text
any person who, with the use To ascertain legislative intent
of force, intimidation or is the statute itself taken as a
threat, or taking advantage of whole and in relation to one
the absence or tolerance of the another considering the whole
land owner, succeeds in context of the statute and not
occupying or possessing the from an isolated part of the
property of the latter against provision.
his will for residential, The meaning dictated by the
commercial or any other context prevails.
purposes. Every section, provision, or
The decree was promulgated clause of the statute must be
to solve the squatting problem expounded by reference to
which according to its each other in order to arrive at
preamble is still a major the effect contemplated by the
problem in urban legislature.
communities all over the
country and because many Punctuation marks
persons and entities found to Semi- colon used to indicate
have been unlawfully a separation in the relation of
occupying public and private the thought, what follows
lands belong to the affluent must have a relation to the
class. same matter it precedes it.
The court said that crime may Comma and semi- colon are
only be committed in urban use for the same purpose to
communities and not in divide sentences, but the semi
agricultural and pastural lands colon makes the division a
because the preamble of the little more pronounce. Both
decree shows that it was are not used to introduce a
intended to apply for squatting new idea.
in urban lands, more
Punctuation marks are aids of can compel government-
low degree and can never owned banks to accept said
control against the intelligible certificates for payment of
meaning of written words. their obligations subsisting at
An ambiguity of a statute the time of the amendatory act
which may be partially or was approved
wholly solved by a Nera v. Garcia
punctuation mark may be if the charge against such
considered in the construction subordinate or employee
of a statute. involves dishonesty,
The qualifying effect of a oppression, or grave
word or phrase may be misconduct or neglect in the
confined to its last antecedent performance of his duty
if the latter is separated by a dishonesty and
comma from the other oppression need not be
antecedents. committed in the course of the
An argument based on performance of duty by the
punctuation is not persuasive. person charges
Tinio v. Francis
Policy of the law to Purpose of law or mischief to be
conserve the land of the suppressed
homesteader Intended to be removed or
xxx not be subject to suppressed and the causes
encumbrance/ alienation from which induced the enactment
the date of the approval of the of the law are important
application and for a term of 5 factors to be considered in this
years from and after the date construction.
of the issuance of the patent or o Purpose or object of the
grant law
o from the ORDER for the o Mischief intended to be
issuance of patent removed
o if literal interpretation is o Causes which induced
to be used, policy will be the enactment of the law
defeated Must be read in such a way as
to give effect to the purpose
Cajiuat v. Mathay projected in the statute.
policy against double The purpose of the general
pensions for the same services rule is not determinative of
a law which grants retirable the proper construction to be
employees certain gratuity in given to the exceptions.
addition to other benefits Purpose of statute is more
which they are entitled under important than the rules of
existing laws CANNOT be grammar and logic in
construed as to authorize the ascertaining the meaning
grant of double gratuity
Dictionaries accord with the presumption
A statute does not define word on the matter.
or phrases used. o Constitutionality of a
Generally define words in statute
their natural plain and o Completeness
ordinary acceptance and o Prospective operation
significance. o Right and justice
o Effective, sensible,
Consequences of various beneficial and reasonable
constructions operation as a whole
Inquired as an additional aid o Against inconsistency
to interpretation. and implied repeal
A construction of a statute unnecessary
should be rejected that will changes in law
cause injustice and hardship, impossibility
result in absurdity, defeat absurdity
legislative intent or spirit, injustice and
preclude accomplishment of hardship
legislative purpose or object, inconvenience
render certain words or ineffectiveness.
phrases a surplusage, nullify
the statute or make any of its LEGISLATIVE HISTORY
provisions nugatory.
Generally
Presumptions
A statute is susceptible of
Based on logic, experience,
several interpretations or
and common sense, and in the where there is ambiguity in
absence of compelling reasons the language, there is no better
to the contrary, doubts as to means of ascertaining the will
the proper and correct and intention of the legislature
construction of a statute will than that which is afforded by
be resolved in favor of that the history of the statute.
construction which is in
What constitutes legislative history practical application and
History of a statute refers to judicial construction,
all its antecedents from its o Various amendments it
inception until its enactment underwent
into law. o Contemporary events at
Its history proper covers the the
period and the steps done
from the time the bill is Presidents message to legislature
introduced until it is finally The president shall address
passed by the legislature. the congress at the opening of
What it includes: its regular session or appear
o Presidents message if before it at any other time.
the bill is enacted in Usually contains proposed
response thereto, legal measures.
o The explanatory note Indicates his thinking on the
accompanying the bill proposed legislation, when
o Committee reports of enacted into law, follows his
legislative investigations line of thinking on the matter.
o Public hearings on the
subject of the bill Explanatory note
o Sponsorship speech A short exposition of
o Debates and explanation accompanying a
deliberations concerning proposed legislation by its
the bill author or proponent.
o Amendments and Where there is ambiguity in a
changes in phraseology statute or where a statute is
in which it undergoes susceptible of more than one
before final approval interpretation, courts may
thereof. resort to the explanatory note
o If the statute is based to clarify the ambiguity and
from a revision, a prior ascertain the purpose or intent
statute, the latters of the statute.
Used to give effect to the discussion on the bill may be
purpose or intent as disclosed adopted.
in its explanatory note. Views expressed are as to the
A statute affected or changed bills purpose, meaning or
an existing law and the effect are not controlling in
explanatory note to the bill the interpretation of the law.
which has eventually enacted It is impossible to determine
into a law states that the with authority what
purpose is too simply to construction was put upon an
secure the prompt action on a act by the members of the
certain matter by the officer legislative body that passed
concerned and not to change the bill.
the existing law; the statute The opinions expressed by
should be construed to carry legislators in the course of
out such purpose. debates concerning the
It may be used as a basis for application of existing laws
giving a statute a meaning that are not also given decisive
is inconsistent with what is weight, especially where the
expressed in the text of the legislator was not a member
statute. of the assembly that enacted
the said laws.
Legislative debates, views and When a statute is clear and
deliberations free from ambiguity, courts
Courts may avail to will not inquire into the
themselves the actual motives which influence the
proceedings of the legislative legislature or individual
body to assist in determining members, in voting for its
the construction of a statute of passage; no indeed as to the
doubtful meaning. intention of the draftsman, or
There is doubt to what a the legislators, so far as it has
provision of a statute means, not been expressed into the
that meaning which was put to act.
the provision during the
legislative deliberation or Reports of commissions
Commissions are usually Held: contention denied. In
formed to compile and collate holding that the word judge
all laws on a particular subject includes justice of peace,
and to prepare the draft of the the Court said that a review
proposed code. of the history of the Revised
Election Code will help justify
Prior laws from which statute is and clarify the above
based conclusion
Courts are permitted to prior
laws on the same subject and Director of Lands v. Abaya
to investigate the antecedents When to count the 10-year
of the statute involved. period, either from the date
This is applicable in the the decision was rendered or
interpretation of codes, from the date judicial
revised or compiled statutes, proceedings instituted in
for the prior law which have cadastral cases
been codified, compiled or Held: court resolved the issue
revised will show the by referring to 4 older laws
legislative history that will which have in common that
clarify the intent of the law or counting of the period starts
shed light on the meaning and from the date of the institution
scope of the codified or of the judicial proceeding and
revised statute. not from the date the
judgment is rendered
Peo. v. Manantan
Issue: whether or not justice
of peace is included Salaysay v. Castro
Contention of Manantan, who Actually holding ~ lastly
is a justice of peace, is that the elected
omission of justice of peace Thus, a vice mayor acting as
revealed the intention of the mayor is not included in the
legislature to exclude such provision
from its operation
Change in phraseology by A statute containing a
amendments provision prohibiting the
Intents to change the meaning doing of a certain thing is
of the provision. amended by deleting such
A statute has undergone provision.
several amendments, each
amendment using different Gloria v. CA
phraseology, the deliberate Issue: whether a public officer
selection of language differing or employee, who has been
from that of the earlier act on preventively suspended
the subject indicates that a pending investigation of the
change in meaning of the law administrative charges against
was intended and courts him, is entitled to his salary
should so construe that statute and other benefits during such
as to reflect such change in preventive suspension
meaning. Held: Court answered in the
negative because such
Commissioner of Customs v. CTA provision with regard to
national port (new law) not payment of salaries during
the same as any port (old suspension was deleted in the
law); otherwise, national new law
will be a surplusage
Buenaseda v. Flavier
Amendment by deletion Ombusman and his deputy
Deletion of certain words or can only preventively suspend
phrases in a statute indicates respondents in administrative
that the legislature intended to cases who are employed in his
change the meaning of the office, and not those who are
statute, for the presumption is employees in other
that the legislation would not department or offices of the
have made the deletion had government
the intention been not effect a
change in its meaning. Exceptions to the rule (of
amendment by deletion)
An amendment of the statue construing those laws are
indicates a change in meaning entitled to great weight in the
from that which the statute interpretation of such local
originally had applies only statutes.
when the intention is clear to
change the previous meaning Limitations of rule
of the old law. A statute which has been
Rules dont apply when the adopted from that of a foreign
intent is clear that the country should be construed
amendment is precisely to in accordance with the
plainly express the construction given it in the
construction of the act prior to country of origin is not
its amendment because its without limitations.
language is not sufficiently
expressive of such Principles of common law
construction. Known as Anglo-American
Frequently, words do not jurisprudence which is no in
materially affect the sense will force in this country, save
be omitted from the statute as only insofar as it is founded
incorporated in the code or on sound principles applicable
revised statute, or that some to local conditions and is not
general idea will be expressed in conflict with existing law,
in brief phrases. nevertheless, many of the
principles of the common law
Adopted statutes have been imported into this
Foreign statutes are adopted in jurisdiction as a result of the
this country or from local enactment of laws and
laws are patterned form parts establishment of institutions
of the legislative history of the similar to those of the US.
latter.
Local statutes are patterned
after or copied from those of
another country, the decision
of the courts in such country Conditions at time of enactment
In enacting a statute, the Law being a manifestation of
legislature is presumed to social culture and progress
have taken into account the must be interpreted taking into
existing conditions of things consideration the stage of
at the time of its enactment. such culture and progress
In the interpretations of a including all the concomitant
statute, consider the physical circumstances.
conditions of the country and Law is not a watertight
the circumstances then obtain compartment sealed or shut
understanding as to the intent off from the contact with the
of the legislature or as to the drama of life which unfolds
meaning of the statute. before our eyes.
When contemporaneous
construction disregarded
When there is no ambiguity in Legislative is presumed to
the law. have full knowledge of a
If it is clearly erroneous, the contemporaneous or practical
same must be declared null construction of a statute by an
and void. administrative or executive
officer charged with its
Erroneous contemporaneous enforcement.
construction does not preclude The legislature may approve
correction nor create rights; or ratify such
exceptions contemporaneous
The doctrine of estoppel does construction.
not preclude correction of the May also be showmen by the
erroneous construction by the legislature appropriating
officer himself by his money for the officer
successor or by the court in an designated to perform a task
appropriate case. pursuant to interpretation of a
An erroneous statute.
contemporeaneous Legislative ratification is
construction creates no vested equivalent to a mandate.
right on the part of those
relied upon, and followed Reenactment
such construction. Most common act of
approval.
Legislative interpretation The re-enactment of a statute,
Take form of an implied previously given a
acquiescence to, or approval contemporaneous construction
of, an executive or judicial is persuasive indication of the
construction of a statute. adoption by the legislature of
The legislature cannot limit or the prior construction.
restrict the power granted to Re-enactment if accorded
the courts by the constitution. greater weight and respect
than the contemporaneous
Legislative approval
construction of the statute raised by the parties; it must
before its ratification. be a direct ruling, not merely
an obiter dictum
Stare decisis Obiter dictum opinion
Judicial interpretation of a expressed by a court upon
statute and is of greater some question of law which is
weight than that of an not necessary to the decision
executive or administrative of the case before it; not
officer in the construction of binding as a precedent
other statutes of similar The principle presupposes that
import. the facts of the precedent and
It is an invaluable aid in the the case to which it is applied
construction or interpretation are substantially the same.
of statutes of doubtful Where the facts are dissimilar,
meaning. then the principle of stare
Stare decisis et non quieta decisis does not apply.
movere one should follow The rule of stare decisis is not
past precedents and should not absolute. It does not apply
disturb what has been settled. when there is a conflict
Supreme Court has the between the precedent and the
constitutional duty not only of law.
interpreting and applying the The duty of the court is to
law in accordance with prior forsake and abandon any
doctrines but also of doctrine or rule found to be in
protecting society from the violation of law in force
improvidence and wantonness Inferior courts as well as the
wrought by needless legislature cannot abandon a
upheavals in such precedent enunciated by the
interpretations and SC except by way of repeal or
applications amendment of the law itself
In order that it will come
within the doctrine of stare
decisis, must be categorically
stated on an issue expressly
CHAPTER FOUR: Adherence o Courts must administer
to, or departure from, language the law as they find it
of statute without regard to
consequences
LITERAL INTERPRETATION
National Federation of Labor v.
Literal meaning or plain-meaning NLRC
rule Employees were claiming
General rule: if statute is clear, separation pay on the basis of
plain and free from ambiguity, Art. 283 Labor Code which
it must be given its literal states that employer MAY
meaning and applied without also terminate the
attempted interpretation employment of an employee
o Verba legis for reasons therein by serving
o Index animi sermo notice thereof and paying
speech is the index of separation pay to affected
intention employees
o Words employed by the There was compulsory
legislature in a statute acquisition by the government
correctly express its of the employers land
intent or will (Patalon Coconut Estate) for
o Verba legis non est purposes of agrarian reform
recedendum from the which forced the employer to
words of a statute there cease his operation
should be no departure Issue: whether or not
o Thus, what is not clearly employer is liable for
provided in the law separation pay?
cannot be extended to Held: NO, employer is not
those matters outside its liable for separation pay!
scope o It is a unilateral and
Judicial legislation an voluntary act by the
encroachment upon legislative employer if he wants to
prerogative to define the give separation pay
wisdom of the law
o This is gleaned from the language of the law is clear,
wording MAY in the no explanation of it is
statute required
o MAY denotes that it is When the law is clear, it is not
directory in nature and susceptible of interpretation.
generally permissive It must be applied regardless
only of who may be affected, even
o Plain-meaning rule is if it may be harsh or onerous
applicable Hoc quidem perquam durum
o Ano yun, ipapasara ng est, sed ital ex scripta est it
government tapos is exceedingly hard but so the
magbabayad pa ang law is written
employer ng separation A decent regard to the
pay?!? Ang daya-daya! legislative will shoud inhibit
Lugi na nga si employer, the court from engaging in
kikita pa si employee?!? judicial legislation to change
Unfair! Cannot be! No! what it thinks are unrealistic
No! statutes that do not conform
o To depart from the with ordinary experience or
meaning expressed by practice (respeto nalang sa
the words is to alter the ating mga mambabatas!
statute, to legislate and Whatever?!? Haha joke only)
not interpret If there is a need to change the
o Maledicta est exposition law, amend or repeal it,
quae corrumpit textum remedy may be done through
dangerous construction a legislative process, not by
which is against the text judicial decree
Where the law is clear,
Dura lex sed lex appeals to justice and equity
Dura lex sed lex the law as justification to construe it
may be harsh but it is still the differently are unavailing
law Philippines is governed by
Absoluta sentential expositore CIVIL LAW or POSITIVE
non indigent when the LAW, not common law
Equity is available only in the because it is silent as to
absence of law and not its amendments on the
replacement (so, pag may Constitution and the
law, walang equity equity! word Constitution is
Pero pag walang law, neither germane nor
pwedeng mag-equity, relevant to said section
gets?!?... important to!) o Does not provide for the
Aequitas nunquam contravenit contents of a petition for
legis equity never acts in initiative on the
contravention of the law Constitution
o Does not provide for
DEPARTURE FROM LITERAL subtitles for initiative on
INTERPRETATION the Constitution
o RA is incomplete and
Statute must be capable of does not provide a
interpretation, otherwise sufficient standard
inoperative Justice Puno (ano?!? Justice
If no judicial certainty can be Tree?!) dissents:
had as to its meaning, the o Legislative intent is also
court is not at liberty to supply shown by the
nor to make one deliberations on the bill
that became RA 6735
Santiago v. COMELEC (there are 4 more reasons
In this case, the Court adopted see page 130-131,
a literal meaning thus, which are not so
concluded that RA 6735 is important)
inadequate to implement the Interpretation of RA 6735 was
power of the people to amend not in keeping with the maxim
the Constitution (initiative on interpretation fienda est ut res
amendments) for the magis valeat quam pereat
following reasons: that interpretation as will give
o Does not suggest an the thing efficacy is to be
initiative on amendments adopted
on to the Constitution
What is within the spirit is within subservient to woman
the law logical!)
Dont literally construe the Guide in ascertaining intent
law if it will render it conscience and equity
meaningless, lead to So it is possible that a statute
ambiguity, injustice or may be extended to cases not
contradiction within the literal meaning of
The spirit of the law controls its terms, so long as they
its letter come within its spirit or intent
Ratio legis interpretation
according to the spirit or Limitation of rule
reason of the law Construe (intent over letter)
Spirit or intention of a statute only if there is ambiguity!
prevails over the letter
A law should accordingly be Construction to accomplish
so construed as to be in purpose
accordance with, and not PURPOSE or REASON
repugnant to, the spirit of the which induced the enactment
law of the statute key to open
Presumption: undesirable the brain of the legislature/
consequences were never legislative intent!
intended by a legislative Statutes should be construed
measure in the light of the object to be
achieved and the evil or
Literal import must yield to intent mischief to be suppressed
Verba intentioni, non e contra, As between two statutory
debent inservire words interpretations, that which
ought to be more subservient better serves the purpose of
to the intent and not the intent the law should prevail
to the words (ahhh parang
intent is to woman as word is Sarcos v. Castillo
to man so man is
This case explains why words import a policy
legislative purpose to that goes beyond them
determine legislative intent
Frankfurter Soriano v. Offshore Shipping and
o Legislative words are not Manning Corp
inert but derived vitality A literal interpretation is to be
from the obvious rejected if it would be unjust
purposes at which they or lead to absurd results
are aimed
o Legislation working Illustration of rule
instrument of
government and not King v. Hernandez
merely as a collection of Issue: whether or not a
English words Chinese (parang si RA and
Benjamin Natham Cardozo Serge) may be employed in a
o Legislation is more than non-control position in a retail
a composition establishment, a wholly
o It is an active instrument nationalized business under
of government which RA 1180 Retail Trade Law
means that laws have (btw, wala na tong law na to.
ends to be achieved It has been repealed by the
Retail Trade Liberalization
Holmes
Act my thesis! )
o Words are flexible
Held: No! (kasi duduraan ka
o The general purpose is a
lang ng mga intsik! Joke
more important aid to the
only!) the law has to be
meaning than any rule
construed with the Anti-
which grammar or
Dummy Law prohibiting an
formal logic may lay
alien from intervening in the
down
management, operation,
o Courts are apt to err by
administration or control
sticking too closely to the
thereof
words of law where those
When the law says you cannot
employ such alien, you cannot
employ an alien! The qualifications but limited
unscrupulous alien may resort to not more than 3 years
to flout the law or defeat its o 3rd amended Art. 279
purpose! (maggulang daw full backwages or
mga intsik ultimo tubig sa without deductions from
pasig river, which is supposed the time the laborers
to be free, bottles it and then compensation was
sells it! Huwat?!?) withheld until his actual
It is imperative that the law be reinstatement
interpreted in a manner that The clear legislative intent of
would stave off any attempt at the amendment in RA 6715
circumvention of the (Labor Code) is to give more
legislative purpose benefits to workers than was
previously given them under
Bustamante v. NLRC the Mercury Drug rule or the
Issue: how to compute for 1st way
backwages to which an
illegally dismissed employee US v. Toribio
would be entitled until his The prohibition of the
actual reinstatement (take note slaughter of carabaos for
of this case.. its a labor human consumption so long
case kiliti ni Golangco) as these animals are fit for
3 ways: agricultural work/ draft
o 1st before Labor Code purposes was a reasonable
to be deducted from the necessary limitation on
amount of backwages is private ownership
the earnings elsewhere Purpose or object of the law
during the period of to protect large cattle against
illegal dismissal theft and to make easy
o 2nd Labor Code Art. recovery and return of such
279 the amount of cattle to their owners, when
backwages is fixed lost, strayed or stolen
without deductions or Issue: whether the slaughter of
large cattle outside the
municipal slaughterhouse prior invention by
without a permit by the incorporating its innovative
municipal treasurer is concept, and albeit with some
prohibited? modification and change,
Held: YES! Outside or inside performs substantially the
without permit is prohibited same function in substantially
the same way to achieve
Bocobo v. Estanislao substantially the same result
Issue: whether the CFI and a (ano ba to?!? Puro
municipal court in the capital substantially?)
of a province have concurrent
jurisdiction over the crime of Planters Association of Southern
libel Negros, Inc. v. Ponferrada
RPC grants jurisdiction with 2 apparently conflicting
CFI provisions should be
Judiciary Act grants construed as to realize the
jurisdiction with the purpose of the law
municipal court in the capital The purpose of the law is to
of a province in offenses INCREASE the workers
where the penalty is not more benefits
than prission correctional or Benefits under RA 6982 shall
fine not exceeding 6,000Php be IN ADDITION to the
(penalty for libel) benefits under RA 809 and PD
So ano na?!? 621
Substituted cannot be given
Godines v. CA literal interpretation
Patent Law grants the
patentee the exclusive right to When reason of law ceases, law
make, use, and sell his itself ceases
patented machine, article or The reason which induced the
product xxx legislature to enact a law is
Doctrine of equivalents the heart of the law
when a device appropriates a
Cessante ratione legis, cessat peremptorily challenge
et ipsa lex when the reason members of a military
of the law ceases, the law tribunal, had been rendered
itself ceases inoperative by PD 2045
Ratio legis est anima reason proclaiming the termination of
of the law is its soul a state of martial law
Held: YES! The termination
Peo v. Almuete of the martial law and the
Agricultural Tenancy Act is dissolution of military
repealed by the Agricultural tribunals created thereunder,
Land Reform Code the reason for the existence of
Agricultural Tenancy Act PD 39 ceased automatically
punishes prereaping or and the decree itself ceased
prethreshing of palay on a
date other than that previously Vasquez v. Giap
set without the mutual consent Where the mischief sought to
of the landlord and tenant be remedied by a statute has
o Share tenancy already been removed in a
relationship given situation, the statute
Agricultural Land Reform may no longer apply in such
case
Code abolished share
tenancy relationship, thus The law bans aliens from
does not punish prereaping or acquiring and owning lands,
prethreshing of palay on a the purpose is to preserve the
date other than that previously nations lands for future
set without the mutual consent generations of Filipinos
of the landlord and tenant A sale of land in favor of an
anymore alien, in violation of the said
o Leasehold system law, no longer be questioned
after the alien becomes a
Commendador v. De Villa Filipino citizen
Issue: whether PD 39, which Supplying legislative omission
withdrew the right to
xxx if it is clearly Sec 11 collector of
ascertainable from the customs refers to the
CONTEXT! decision of the Collector of
May supply legislative Customs that may be
omission to make the statute appealed to the tax court
conform to obvious intent of Commissioner prevails
the legislature or to prevent Commissioner of Customs has
the act from being absurd supervision and control over
Note: differentiate from Collectors of Customs and the
judicial legislation decisions of the latter are
reviewable by the
Commissioner of Customs
Correcting clerical errors
As long as the meaning Lamp v. Phipps
intended is apparent on the Ordinary COURTS of law
face of the whole enactment to Ordinary COURSE of
and no specific provision is law
abrogated
This is not judicial legislation Farinas v. Barba
Issue: who is the appointing
Illustration rule power to fill a vacancy created
by the sanggunian member
Rufino Lopez & Sons, Inc. v. CTA who did not belong to any
Court change the phrase political party, under the
collector of customs to provision of the Local
commissioner of customs to Government Code
correct an obvious mistake in local chief executive a
law misnomer
Sec 7 commissioner of It should be authorities
customs grants the CTA concerned
jurisdiction to review Because the President is not a
decisions of the local chief executive but
Commissioner of Customs under Sec. 50 of the Local
Government Code, the ambiguity, such interpretation
President, Governor, Mayor as will avoid inconvenience
have the executive power to and absurdity is to be adopted
appoint in order to fill Courts test the law by its
vacancies in local councils or results if law appears to be
to suspend local officials arbitrary, courts are not bound
to apply it in slavish
Qualification of rule (of correcting disobedience to its language
clerical errors) Courts should construe a
Only those which are clearly statute to effectuate, and not
clerical errors or obvious to defeat, its provisions; nor
mistakes, omissions, and render compliance with its
misprints; otherwise, is to provisions impossible to
rewrite the law and invade the perform
domain of the legislature, it is
judicial legislation in the guise Peo v. Duque
of interpretation Surplusage!!!
Sec. 2 of Act No. 3326
Construction to avoid absurdity prescription of offenses
Reason: it is always presumed o Prescription shall begin
that the legislature intended to run from
exceptions to its language The day of the
which would avoid commission of the
consequences of this character violation
Thus, statutes may be From the time of
extended to cover cases not discovery AND
within the literal meaning of institution of
the terms if their exact and judicial proceedings
literal import would lead to for investigation and
absurd or mischievous results punishment
Interpretation talis in But the prevailing rule is that
ambiguis simper fienda est ut prescriptive period is tolled
evitetur inconveniens et upon the institution of judicial
absurdum where there is
proceedings an act of grace obviously be no longer
by the State entitled to reinstatement;
Court held that the phrase otherwise it will lead to
institution of judicial absurdities
proceedings for its
investigation and punishment Peo v. Yu Hai
may be either disregarded as Issue: when does a crime
surplusage or should be punishable by arresto menor
deemed preceded by the word prescribe?
until State says 10 years as
provided for in Art 90 RPC
Oliveros v. Villaluz o Art. 26 (correctional
Issue: whether or not the offenses) max fine of
suspension order against an 200Php correctional
elective official following an penalty prescribes in 10
information for violation of years (Art. 90)
the Anti-Graft law filed Court held that this is not
against him, applies not only right!!!! It is wrong!
to the current term of office o Art. 9 (light offenses)
but also to another term if the not more than 200Php
accused run for reelection and light felonies 2 months
won o 1Php makes a difference
Sec 13 of the Anti-Graft Law of 9 years and 10
suspension unless acquitted, months! (huwat?!?)
reinstated! o Arresto mayor
Held: only refers to the (correctional penalty)
current term of the suspended prescribes in 5 years
officer (and not to a future o Less grave prescribe
unknown and uncertain new even shorter
term unless supplemented by o Also, prescriptive period
a new suspension order in the cannot be ascertained not
event of reelection) for if his until the court decides
term shall have expired at the which of the alternative
time of acquittal, he would
penalties should be Contention: the City Counsel
imposed imprisonment of Caloocan cannot validly
ba or fine lang yun pass an ordinance
lang po! appropriating a supplemental
budget for the purpose of
Peo v. Reyes expropriating a certain parcel
Dangerous Drugs Act of land, without first adopting
RA 7659 or updating its house rules of
o X < 200 grams max procedure within the first 90
penalty is reclusion days following the election of
perpetua its members, as required by
o X > 200 grams min Secs. 50 and 52 of the LGC
penalty is reclusion Court said this is absurd!!!!
perpetua Contention is rejected!
Court ruled that: o Adoption or updating of
o X < 200 grams penalty house rules would
ranging from prision necessarily entail work
correctional to reclusion local councils hands
temporal were tied and could not
134-199grams act on any other matter if
reclusion temporal we hold the absurd
66-133 prison contention!
o So much inconvenience!
mayor
Less than 66 grams Shiox! And this could not
have been intended by
prision correcional
the law
StatCon duty of the court to
harmonize conflicting Construction to avoid injustice
provisions to give effect to the
Presumption legislature did
whole law; to effectuate the
not intend to work a hardship
intention of legislature
or an oppressive result, a
possible abuse of authority or
act of oppression, arming one
Malonzo v. Zamora
person with a weapon to
impose hardship on the other Peo v. Purisima
Ea est accipienda It was contended that PD 9(3)
interpretation quae vitio caret is a malum prohibitum; thus
that interpretation is to be intent to use such prohibited
adopted which is free from weapons is immaterial by
evil or injustice reason of public policy
Court said that use the
Amatan v. Aujero preamble to construe such act
Rodrigo Umpad was charged whether penalized or not
with homicide Moreover the court said that
Pursuant to some provision in legislature did not intend
criminal procedure, he entered injustice, absurdity and
into a plea bargaining contradiction
agreement, which the judge Court gave an example
approved of, downgrading the o So if I borrowed a bolo
offense charge of homicide to then I return this to my
attempted homicide to which lender, then in the course
Umpad pleaded guilty thereto. or my journey Im
Hello?!? Namatay na nga caught, Im penalized
tapos attempted lang?!? under the Decree for 5-
Mababaliw ako sayo, judge, 10 years imprisonment!
whoever you are!!! (ang labo naman!)
Fiat justicia, ruat coelum let
the right be done, though the Ursua v. CA
heavens fall (ano daw?!?) Issue: whether or not the
Stated differently, when a isolated use, at one instance,
provision of the law is silent of a name other than a
or ambiguougs, judges ought persons true name to secure a
to invoke a solution copy of a document from a
responsive to the vehement government agency,
urge of conscience (ahhh constitutes violation of CA
ano daw ulit?!?) 142 Anti-alias Law
Held: NO! (isang beses lang
naman eh.. hehehe joke lang!) Construction in favor of right and
o The purpose of the Anti- justice
alias Law is to prevent Art. 10 CC: In case of doubt
confusion and fraud in in the interpretation or
business transactions application of laws, it is
o Such isolated use of a presumed that the law-making
different name is not body intended right and
prohibited by the law; justice to prevail
otherwise, injustice, Art. 9 CC: The fact that a
absurdity and statute is silent, obscure, or
contradiction will result insufficient with respect to a
question before the court will
Construction to avoid danger to not justify the latter from
public interest declining to render judgment
thereon
Co Kim Cham v. Valdez Tan Keh In balancing conflicting
Sa Consti to ah! La lang solutions, that one is
hehe (yihee, Serge!) perceived to tip the scales
processes in the which the court believes will
proclamation that all laws best promote the public
regulations and processes of welfare is its probable
the so-called RP during the operation as a general rule or
Japanese occupation of the principle
country are null and void and
without legal effect MAY Salvacion v. BSP
NOT be construed to embrace Greg Bartelli raped his alleged
JUDICIAL PROCESSES as niece 10 times and detained
this would lead to great her in his apartment for 4 days
inconvenience and public Court gave a favorable
hardship and public interest judgment of more than
would be endangered 1MPhp
o Criminals freed
o Vested right, impaired
BSP rejected the writ of o The purpose of RA 6426
attachment alleging Sec 113 to exempt such assets
of the Central Bank Circular from attachment: at the
No. 960 (applicable to time the said law was
transient foreigners) enacted, the countrys
Issue: whether the dollar bank economy was in a
deposit in a Philippine bank of shambles. But in the
a foreign tourist can be present time it is still in
attached to satisfy the moral shambles... hehe joke
damages awarded in favor of lang but in the present
the latters 12-year-old rape time, the country has
victim recovered economically.
BSP did not honor the writ of No reason why such
attachment pursuant to assets cannot be attached
RA6426 Sec 8 foreign especially if it would
currency deposits shall be satisfy a judgment to
exempt from attachment, award moral damages to
garnishment, or any other a 12-year-old rape
order or process of any court, victim!
legislative body, government
agency or any administrative Surplusage and superfluity
body whatsoever disregarded
Court held that: ANO BA?!? Where a word, phrase or
Na-rape na nga ayaw pang clause in a statute is devoid of
magbayad ng moral damages meaning in relation to the
dahil lang sa isang silly context or intent of the statute,
law?!? (hehe.. joke lang.. Im or where it suggests a
so bored na eh!) meaning that nullifies the
o Court applied the statute or renders it without
principles of right and sense, the word, phrase or
justice to prevail over the clause may be rejected as
strict and literal words of surplusage and entirely
the statute ignored
Surplusagium non noceat immediately after their
surplusage does not vitiate a proclamation
statute o The King in Alice in
Utile per inutile non vitiatur Wonderland: if there is
nor is the useful vitated by the no meaning in it, that
non-useful saves a world of trouble,
you know, as we need
Demafiles v. COMELEC not try to find any
Issue: whether a pre- o Apply the general rule
proclamation election case has when such term begin
become moot because the the term of municipal
proclaimed winner had officials shall begin on
immediately taken his oath the 1st day of January
pursuant to Sec 2 RA 4870 following their election
which provides that the first
mayor, vice-mayor and Redundant words may be rejected
councilors of the municipality Self-explanatory, ano
of Sebaste shall be elected in buzzzz?!?
the next general elections for
local officials and shall have Obscure or missing word or false
qualified description may not preclude
It was contended that shall construction
have qualified begins Falsa demonstration non
immediately after their nocet, cum de corpore constat
proclamation! false description does not
Court held that this is wrong! preclude construction nor
o The said phrase is a vitiate the meaning of the
jargon and does not statute which is otherwise
warrant the respondents clear
reading that the term of
office of the first Exemption from rigid application
municipal officials of of law
Sebaste begins
Ibi quid generaliter conceditur acquire jurisdiction over
every rule is not without an naturalization case
exception It was an impossibility to
Inest haec exception, si non fulfill such requirement as the
aliquid sit contras jus basque OG was not, at the time,
where anything is granted published weekly
generally, this exception is Thus, Court held that
implied compliance with the other 2
Compelling reasons may requirements would be
justify reading an exception to deemed sufficient to acquire
a rule even where the latter jurisdiction over the
does not provide any; naturalization case
otherwise the rigor of the law
would become the highest Akbayan v. COMELEC
injustice summum jus, This case is about the
summa injuria statutory grant of stand-by
power to the COMELEC as
Law does not require the provided for in Sec. 28 RA
impossible 8436
Nemo tenetur ad impossible Petitioners were asking the
the law obliges no one to respondent to exercise such
perform an impossibility power so as to accommodate
Impossibilium nulla potential voters who were not
obligation est no obligation able to register for the
to do an impossible thing upcoming election
Impossible compliance versus COMELEC denied the
Substantial compliance (as petition alleging the
required by law) impossibility of late
registration to accommodate
Lim co Chui v Posadas potential voters
Publication in the Official Court ruled that the provision
Gazette weekly, for three must be given such
times and consecutively, to interpretation that is in
accordance with logic, Election Code candidate
common sense, comprehends some
reasonableness and candidates or all
practicality candidates
Where time constraint and the On gender the masculine,
surrounding circumstances but not the feminine, includes
make it impossible or the all genders, unless the context
COMELEC to conduct special in which the word is used in
registration of voters, the the statute indicates otherwise
COMELEC cannot be faulted
for refusing to do so, for the IMPLICATIONS
law does not require the
impossible to be done; there is Doctrine of necessary implication
no obligation to ho the So-called gaps in the law
impossible thing develop as the law is enforced
COMELECs decision is StatCon rule: to fill in the gap
sustained is the doctrine of necessary
implication
Number and gender of words Doctrine states that what is
When the context of a statute implied in a statute is as much
so indicates, words in plural a part thereof as that which is
include the singular, and vice expressed
versa. Ex necessitate legis from the
A plural word in a statute may necessity of the law
thus apply to a singular person Every statutory grant of
or thing, just as a singular power, right or privilege is
word may embrace two or deemed to include all
more persons or things incidental power, right or
Art. 996 CC (law on privilege
succession) such article also In eo quod plus sit, simper
applies to a situation where inest et minus greater
there is only one child includes the lesser
because children includes
Necessity
child
o includes such inferences casual or temporary
as may be logically be employee, and by
drawn from the purpose necessary implication,
or object of the statute, the inclusion of the latter
from what the legislature in the class of
must be presumed to government employees
have intended, and from entitled to the benefits of
the necessity of making the law necessarily
the statute effective and implies that the former
operative should also be entitled to
o excludes what is merely such benefits
plausible, beneficial, or o Wrong application of the
desirable maxim expresio
must be consistent with the uniusest exclusion
Constitution or to existing alterius
laws
an implication which is Remedy implied from a right
violative of the law is Ubi jus, ibi remedium - where
unjustified or unwarranted there is a right, there is a
remedy for violation thereof
Chua v. Civil Service Commission Right -> Obligation ->
Issue: whether a coterminous Remedy
employee, or one whose The fact that the statute is
appointment is co-existent silent as to the remedy does
with the duration of a not preclude him from
government project, who has vindicating his right, for such
been employed as such for remedy is implied from such
more than 2 years, is entitled right
to early retirement benefits Once a right is established, the
under Sec 2 RA 6683 way must be cleared for its
Court held that YES, Chua is enforcement, and
entitled! technicalities in procedure,
o A coterminous employee judicial as well as
is no different from a administrative, must give way
Where there is wrong, temporary position.
(deprivation or violation of a Moreover, the incumbents
right) there is a remedy being made to leave the post
If theres no right, principle to give way to the employees
does not apply superior right may be
considered as removal for
Batungbakal v National cause
Development Co
Petitioner was suspended and Grant of jurisdiction
removed from office which Conferred only by the
proved to be illegal and Constitution or by statute
violative not only of the Cannot be conferred by the
Administrative Code but of Rules of Court
the Constitution itself Cannot be implied from the
Court ruled that to remedy the language of a statute, in the
evil and wrong committed, absence of clear legislative
there should be reinstatement intent to that effect
and payment of backwages,
among other things Pimentel v. COMELEC
However, there was a legal COMELEC has appellate
problem as to his jurisdiction over election
reinstatement, for when he cases filed with and decided
was suspended and eventually by the RTC involving
dismissed, somebody was municipal elective officials
appointed to his position DOES NOT IMPLY the grant
Issue: whether remedy is of authority upon the
denied petitioner COMELEC to issue writs of
Held: position was never certiorari, prohibition or
vacant. Since there is no mandamus concerning said
vacancy, the present election cases
incumbent cannot be
appointed permanently. The Peo v. Palana
incumbent is only holding a Statute grants a special court
jurisdiction over criminal
cases involving offenders amount cognizable by
under 16 at the time of the them, the same merely
filing of the action, a incidental to the principal
subsequent statute defining a action
youthful offender as one who Statutes conferring
is over 9 but below 21 years jurisdiction to an
of age may not be so administrative agency must be
construed as to confer by liberally construed to enable
implication upon said special the agency to discharge its
court the authority to try cases assigned duties in accordance
involving offenders 16 but with the legislative purpose
below 21 years of age o E.g. the power granted
the NHA to hear and
What may be implied from grant of decide claims involving
jurisdiction refund and any other
The grant of jurisdiction to try claims filed xxx, include
actions carries with it all attorneys fees and other
necessary and incidental damages
powers to employ all writs,
processes and other means Grant of power includes incidental
essential to make its power
jurisdiction effective Where a general power is
Where a court has jurisdiction conferred or duty enjoined,
over the main cause of action, every particular power
it can grant reliefs incidental necessary for the exercise of
thereto, even if they would one or the performance of the
otherwise be outside its other is also conferred
jurisdiction The incidental powers are
o E.g. forcible entry and those which are necessarily
detainer is cognizable in included in, and are therefore
MTC MTC can order of lesser degree than the
payment of rentals even power granted
though the amount o Examples
exceeds the jurisdictional
Power to establish appointments ,
an office includes unless xxx
authority to abolish Power to
it, unless xxx appropriate money
Warrant issued shall includes power to
be made upon withdraw
probable cause unexpended money
determined by the already appropriated
judge xxx implies Etc see page 171-
the grant of power 172
to the judge to
conduct preliminary Grant of power excludes greater
investigations power
Power to approve a The principle that the grant of
license includes by power includes all incidental
implication the powers necessary to make the
power to revoke it exercise thereof effective
Power to implies the exclusion of those
revoke is which are greater than that
limited by the conferred
authority to o Power of supervision
grant license, DOES NOT INCLUDE
from which it power to suspend or
is derived removal
Power to deport o Power to reorganize
includes the power DOES NOT INCLUDE
to arrest undesirable the authority to deprive
aliens after the courts certain
investigation jurisdiction and to
Power to appoint transfer it to a quasi-
vested in the judicial tribunal
President includes o Power to regulate
the power to make business DOES NOT
temporary
INCLUDE power to may be required by the
prohibit compulsory process of
subpoena. Nor does such
What is implied should not be power to investigate include
against the law the power to delegate the
Power to appoint includes authority to administer oath
power to suspend or remove
o Constitutional restriction Authority to charge against public
of CIVIL SERVICE funds may not be implied
EMPLOYEES, that it It is well-settled that unless a
must be a cause provided statute expressly so
for by law precludes such authorizes, no claim against
implication (unless the public funds may be allowed
appointment was made o Statute grants leave
outside the civil service privileges to
law APPOINTIVE officials,
Power to appoint a public this cannot be construed
officer by the President to include ELECTIVE
includes power to remove officials
o Provided that such o employer to pay 13th
removal is made with month pay, does not
just cause imply that it includes
o Except is such statute government
provides that term of
office to be at the
pleasure of the Illegality of act implied from
appointing officer, power prohibition
to appoint carries with it In pari delicto potior est
power to remove anytime conditio defendentis - where a
Power to investigate officials statute prohibits the doing of
DOES NOT INCLUDE the an act, the act done in
power to delegate the violation thereof is by
authority to take testimony of implication null and void
witnesses whose appearance
Prohibited act cannot serve as Pari delicto doctrine will not
foundation of a cause of apply when its enforcement or
action for relief application will violate an
Ex dolo malo non oritur actio avowed fundamental policy
no man can be allowed to or public interest
found a claim upon his own
wrongdoing or inequity Delos Santos v. Roman Catholic
Nullus coomodum capere Church
potest de injuria sua propria Homestead Law to give and
no man should be allowed to preserve in the homesteader
take advantage of his own and his family a piece of land
wrong for his house and cultivation
Public policy requires that The law prohibits the
parties to an act prohibited by alienation of a homestead
statute be left where they are, within 5 years following the
to make the statute effective issuance of the patent and
and to accomplish its object provides that any contract of a
o Party to an illegal conveyance in contravention
contract cannot come to thereof shall be null and void
court of law and ask that The seller or his heirs,
his illegal object be although in pari delicto, may
carried out recover the land subject of
o A citizen who sold his such illegal sale
land to an alien in
violation of the Barsobia v. Cuenco
constitutional restriction Another exception is that
cannot annul the same when the transaction is not
and recover the land, for illegal per se but merely
both seller and buyer are prohibited and the
guilty of having violated prohibition by law is designed
the Constitution for protection of one party, the
court may grant relief in favor
Two (2) Exceptions to the rule of the latter
What cannot be done directly employee from attachment,
cannot be done indirectly garnishment etc
Quando aliquid prohibetur ex Earlier law authorizes the
directo, prohibetur et per government to withhold an
obliquum what cannot, by amount due such officer or
law, be done directly cannot employee to pay his
be done indirectly indebtedness to the
government SHOULD NOT
Peo v. Concepcion BE CONSTRUED to
Where a corporation is withhold so much of his
forbidden from doing an act, retirement benefits as this
the prohibition extends to the amount to attachment
board of directors and to each garnishment etc.
director separately and
individually Tantuico, Jr. v Domingo
Where the board of directors Law exempts retirement
is prohibited from granting benefits of a public officer or
loans to its director, a loan to a employee from attachment,
partnership of which the wife garnishment etc
of a director is a partner falls Government cannot withhold
within the prohibition payment of retirement
benefits of a public officer
Peoples Bank and Trust Co. v. PNB until his accountabilities with
Where a statute prohibits the the government shall have
payment of the principal been cleared, as such action is
obligation during a fixed doing indirectly what the
period, the interest thereon government is prohibited from
during the existence of the doing directly
restriction is not demandable
There should be no penalty from
Cruz v. Tantuico compliance with law
Law exempts retirement A person who complies with
benefits of a public officer or what a statute requires cannot,
by implication, be penalized o ascertain intent from
thereby extraneous & relevant
For simple logic and fairness circumstance
and reason cannot o construe word or phrase
countenance an exaction or a to effectuate such intent
penalty for an act faithfully General rule in interpreting
done in compliance with the the meaning and scope of a
law term used in the law:
o Review of the WHOLE
law involved as well as
the INTENDMENT of
law (not of an isolated
part or a particular
provision alone)
Statutory definition
CHAPTER FIVE: Interpretation When statute defines words &
of words and phrases phrase- legislative definition
controls the meaning of
IN GENERAL statutory word, irrespective of
any other meaning word have
Generally in ordinary usual sense.
A word or phrase used in a Where a statute defines a
statute may have an ordinary, word or phrase, the word or
generic, restricted, technical, phrase, should not by
legal, commercial or trading construction, be given a
meaning different meaning.
May be defined in the statute Legislature restricted meaning
if this is done, use such as it adopted specific
definition because this is what definition, thus, this should be
the legislature intended used
Task:
o ascertain intent from
statute
Term or phrase specifically having been duly licensed,
defined in particular law, may be criminally liable for
definition must be adopted. violation of medical law.
No usurpation of court Held: Though term practice
function in interpreting but it of medicine, chiropractic
merely legislates what should may in ordinary sense fall
form part of the law itself within its meaning; statutorily
defined - includes
Victorias Milling Co. v. Social manipulations employed in
Security Commission chiropractic; thus, one who
<compensation; RA 1161, Sec. practices chiropractic without
8(f)> license is criminally liable.
compensation to include all
renumerations, except
bonuses, allowances & Chang Yung Fa v. Gianzon<
overtime pay alien>
Definition was amended: Issue: whether alien who
deleted exceptions comes into country as
Legislative Intent: the temporary visitor is an
amendment shows legislative immigrant?
intent that bonuses & Held: while immigrant in
overtime pay now included in ordinary definition- an alien
employees renumeration. who comes to the Philippines
Principle: by virtue of express for permanent residence; The
substantial change in Immigration Act makes own
phraseology, whatever prior definition of term, which is
judicial or executive any alien departing from any
construction should give way place outside the Philippines
to mandate of new law. destined for the Philippines,
other than a non-immigrant.
Peo. v. Venviaje < Chiropractic> (so kelangan part siya nung
Issue: Whether person who other than a non-
practiced chiropractic without immigrant.) -> yep yep,
Serge! But more importantly,
the definition emphasizes an o application creates
immigrant, who is an alien, incongruities
who comes to the Philippines o destroy its major
either to reside purposes
TEMPORARILY or o becomes illogical as
PERMANENTLY no result of change in its
distinction factual basis.
- The End -