Sei sulla pagina 1di 2

RULES/DOCTRINE/MAXIM RESTRICTIONS EXAMPLE

ARTICLE III
IN GENERAL
TITLE – every bill shall embrace only Not resorted when statute is clear Ebarle v Sucaldito – EO 264
one subject which shall be expressed
in the title resorted to remove doubt not to Issue: “ outlining the procedure by which
create it complaints charging govt official and
employees with commission of irregularities
shld be guided”

Ruling: this only applies to admin cases and


not to criminal complaints

City of Baguio v Marcos

Issue: 40 year period to file for re-opening of


cadastral preceeding ( RA 931) date it is filed
or on the date the decision became final

Ruling:
Preamble – may restrict what People v Purisima
otherwise appears to be a broad
scope of a law Issue: PD 9 that penalizes carrying of bladed
weapons

Ruled: pursuant to the preamble the events


that led to the enactment is the state of
martial law wherein subversion etc is
prominent

People v Echavez

Issue: PD 772 squatting of rural agricultural


lands be punishable

Ruling: it only applies to urban area to prevent


illegal construction in squatter areas
Context of the whole text – intention
must be ascertained from the whole
text and every part of the act
Punctuation marks – aids of low Nera v Garcia
degree and can never control against Issue: “if the charge against such subordinate
intelligible meaning of written or employee involves dishonesty, oppression,
words; not part of statute or the or grave misconduct or neglect in the
English language performance of duty”
Ruling: preventive suspension for the grounds
Semicolon – indicate separation of grave misconduct or neglect of duty should
be done during the performance of duty
Comma – divide sentences and its
parts
Capitalization of letter – aid of low Unabia v City Mayor
degree Issue: “Civil Service (group) and civil service
(system)”
Headnotes and epigraph – not if chapter or section heading has People v Yabut
intended to much weight; statute are been inserted merely for Issue: Art 160 of RPC – Commission of another
divided into several subjects having convenience or reference, and crime xxx previous offense
appropriate headings they are not as integral part of the statute Ruling: cannot limit the text to mean that the
controlling upon the subject crime committed should be different from the
old one
Lingual text unless otherwise
provided, statute is officially
promulgated in English and Spanish
shall govern but in case of ambiguity
the Spanish text can be consulted to
explain the English text

Potrebbero piacerti anche