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How to compute ti
lature sometimes adopts rules of statutory construction as part of the provisions of the statute: - see
examples page 49-50
Legislature also defines to ascertain the meaning of vague, broad words/ terms
The Constitutional Assembly must have known that a corporation sole is:
1. composed of only one persons, usually the head or bishop of the diocese, a unit which is not
subject to expansion for the purpose of determining any percentage whatsoever
2. only the administrator and not the owner of the temporalities located in the territory comprised by
said corporation sole and such temporalities are administered for and on behalf of the faithful
residing in the diocese or territory of the corporation sole
3. has no nationality and the citizenship of the incumbent and ordinary has nothing to do with the
operation, management or administration of the corporation sole, nor effects the citizenship of the
faithful connected with their respective dioceses or corporation sole.
In view of these peculiarities of the corporation sole, it would seem obvious that when the specific
provision of the Constitution invoked by respondent Commissioner (section 1, Art. XIII), was under
consideration, the framers of the same did not have in mind or overlooked this particular form of
corporation. If this were so, as the facts and circumstances already indicated tend to prove it to be so,
then the inescapable conclusion would be that this requirement of at least 60 per cent of Filipino capital
was never intended to apply to corporations sole.
B. PURPOSE OF CONSTRUCTION
Permanent - one whose operation is not limited in duration but continues until
repealed.
CRIMINAL LAW
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
Sources of
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Act No. 3135 a foreclosure petition of the mortgaged lots. The lots were
sold or auctioned off with PNB as the highest bidder. A Final Deed of Sale
and a Certificate of Sale was executed in favor of the petitioner. The final
Deed of Sale was registered in Registry of Property. Inasmuch as the
respondent did not buy back the lots from PNB, PNB sold on the same in a
"Deed of Conditional Sale". The Notices of Sale of foreclosed properties
were published on March 28, April 11 and April 12, 1969 in a newspaper.
The CFI rendered its Decision; the complaint against the petitioner was
dismissed.
Issue:
Ruling:
No. The first date falls on a Friday while the second and third dates are on
a Friday and Saturday, respectively. Section 3 of Act No. 3135 requires that
the notice of auction sale shall be "published once a week for at least three
consecutive weeks". Evidently, petitioner bank failed to comply with this
legal requirement. The Supreme Court held that:
CRIMINAL LAW
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
Sources of
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Klsdjfklsdaf
CRIMINAL LAW
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
CRIMINAL LAW
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
Sources of
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Klsdjfklsdaf
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
Sources of
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Klsdjfklsdaf
CRIMINAL LAW
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
Sources of
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Klsdjfklsdaf
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