Cesario Ursua vs. Court of Appeals and People of the Phil. G.R. No.

112170 April 10, 1996

Bellosillo, J.:

Facts: Petitioner was a Community Environment and Natural Resources Officer assigned in
Kidapawan, Cotabato. A complaint against the petitioner was initiated regarding his involvement
in the illegal cutting trees and illegally-cut logs in the area. The counsel for petitioner wrote a
letter to the office of the Ombudsman in Davao City requesting for a furnished copy of the
complaint letter against the petitioner. The counsel asked the petitioner to personally bring the
letter to the office of the ombudsman because his mail man, Oscar Perez, needs to attend some
personal affairs. Oscar told the petitioner to just sign his name if ever he would be required to
acknowledge receipt of the complaint. The petitioner used Oscars name. However, an employee
of the office of the ombudsman caught him and immediately reported to her deputy. He was
charged in violation of Sec. 1 of C.A. No. 142 as amended by R.A. 6085, illegal use of alias, and
was found guilty by the trial court and Court of Appeals. The Petitioner contends that he has not
violated the law since he never used any alias name. According to him, the term alias connoted
the habitual use of another name by which a person is also known.

Issue: Whether or not Ursua is guilty for illegal use of alias.

Ruling: No. Statutes are to be construed in the light of the purposes to be achieved and the evil
sought to be remedied. The court may consider the spirit and reason of the statute, where a literal
meaning would lead to absurdity, contradiction, injustice or would defeat the clear purpose of the
law makers. No evidence were shown that the petitioner intended to use Oscar Perez in addition
to his real name.





















Pedro Santos To vs. Hon. Ernani Cruz-Pano G.R. No. L-55130 January 17, 1983

De Castro, J.:

Facts: Petitioner was found guilty by the respondent judge of the crime estafa for having issued a
bouncing check. The petitioner filed for a probation with the respondent judge, who despite the
recommendation of the Probation Office, denied the petition on the ground that the probation
will depreciate the seriousness of the offense committed.

Issue: Whether or not the respondent judge erred in denying the petition for probation of the
petitioner.

Ruling: The petitioner may not be disqualified from being entitled to the benefits of the
probation. Some other provisions have to be sought, if any, upon which to deny petitioner the
benefits of probation which, from a reading of the law in its entirety, should with liberality,
rather than undue strictness, be extended to anyone not listed as disqualified. SC cannot but find
the the respondents reasons for his denial of the petition for probation insufficient to justify a
deviation from a policy of liberality with which the law should be applied.




























Ernesto M. De Guzman vs. Hon Abelardo Subido G.R. No. L-31683 January 31, 1983

Gutierrez, Jr., J.:

Facts: Petitioner Ernesto De Guzman was appointed patrolman in the Quezon City Police
department by Mayor Norberto Amoranto. He was civil service eligible having taken and passed
the civil service patrolmans examination. He had also passed the usual character investigation
conducted before appointment. Petitioner went through and successfully completed the police
training course. Petitioners appointment was forwarded to the CSC. After a year after the
appointment and with no action on the appointment papers being taken by respondent, the City
Treasurer and City Auditor stopped the payment of the petitioners salaries. Respondent
Commissioner returned the petitioners appointment papers to the Mayor on the ground that the
petitioner was disqualified for appointment under R.A. No. 4864, the Police Act of 1966. The
finding was based on petitioners own answer to a question in the information sheet: Have you
been accused, indicted, or tried, for the violation of any law, ordinance, or regulation, before any
court or tribunal? In said question petitioner answered yes for jaywalking. The CFI dismissed
the petition for certiorari and mandamus with preliminary injunction. According to the court, the
requirement of no criminal record means without any criminal record and makes no distinction
whether an act violates a state law or only a municipal or city ordinance.

Issue: Should the petitioner be disqualified from appointment to the Quezon City Police Force

Ruling: No. The requirements for applicants to a policemans position may be quite stringent but
the basic policy of attracting the best qualified is not served by automatically excluding any
person who in an absent minded mood or while hurrying to an urgent appointment may
unwittingly have crossed a street or stepped down from the curb in violation of a jaywalking
ordinance. The phrase criminal record governing qualifications for appointment could not have
been intended by the Legislature e to automatically cover every violation of a municipal or city
ordinance carrying a sanction of a nominal fine to enforce it. A violation of a municipal
ordinance to qualify as a crime must involve at least a certain degree of evil doing, immoral
conduct, corruption, malice, or want of principles reasonably related to the requirements of the
pubic office.














Hospicio Nilo vs Court of Appeals and Almario Gatchalian G.R. No. L-34586 April 2, 1984

Gutierrez, Jr., J.:

Facts: Gatchalian is the owner of a parcel of Riceland at San Rafael Bulacan. The petitioner is
the share-tenant of Gatchalian since the agricultural year 1964-65. The petitioner filed in Court
of Agrarian Relations (CAR) electing the leasehold system. Gatchalian filed an ejectment suit
against the petitioner on the ground of personal cultivation under Sec. 36 (1) of Republic Act
3844. The CAR ruled in favor of Gatchalian since there was a bonafide desire to personally
cultivate his own Land. A petition for reconsideration was filed by the petitioner on the ground
that personal cultivation as a ground for ejectment of an agricultural lessee has been eliminated
under RA No 6389. However, the Court of Appeals Denied the motion resolving that RA No
6389 has no retroactive application.

Issue: Whether or not RA 6389 should be given retroactive application.

Ruling: No. The general rule therefore, is that statutes have no retroactive effect unless otherwise
provided therein. No court will hold a statute to be retroactive when the legislature has not said
so. There is no indication in RA 6389 that the legislature intends the retroactive application
thereof.


























Unciano Paramedical College vs Court of Appeals, Hon. Tayao-Jaguros, Elena Villegas thru
Victoria Villegas and Ted Magallanes thru Jacinta Magallanes G.R. No. 100335 April 7, 1993

Nocon, J.:

Facts: Elena and Ted are enrolled at the petitioner school on 1989-1990 The trial court issued a
temporary restraining order enjoining the petitioner from not enrolling the private respondents in
its school. Petitioner filed an opposition prayer for a preliminary mandatory injunction on the
ground that the private respondents are not entitled thereto and no clear legal right to relief
demanded. A Writ of Preliminary Mandatory Injunction was issued in favor of the private
respondents. Petitioner filed a motion for reconsideration and appealed to the Court of Appeals
but all were denied. The petitioners aver that according to the decision of the Supreme Court to
the Alcuaz Case on May 2, 1988, a student once admitted by the school is considered enrolled
for one semester only and the school is not obliged to readmit the student because the contract
between them have already been terminated upon the end of the First Semester of 1989-1990.
However, in the more recent case of Ariel Non promulagated on May 20, 1990, the doctrine on
Alcuaz Case was abandoned (when a student registers to the school it should be understood that
he enrols for the whole school year).

Issue: Whether or not the decision of the SC to the Ariel Non case be applied retroactively in the
instant case.

Ruling: No. It would appear that, in the interest of justice, the holding in said case should not be
given retroactive effect, that is to cases that arose before its promulgation. And according to the
ruling in People vs Jabinal, that it is a well settled rule that when a doctrine of the SC is
overruled and a different view is adopted, the new doctrine should be applied prospectively and
should not apply to parties who relied in the old doctrine and acted on the faith thereof.



















Caltex Inc. vs Enrico Palomar G.R. No. L-19650 September 20, 1966

Castro, J.:

Facts: In 1960, the petitioner launched a promotional scheme called "Caltex Hooded Pump
Contest" which calls for participants to estimate the actual number of litters a hooded gas pump
of each Caltex Station will dispense within a specific period. Such contest is open to all motor
vehicle owners and licensed drivers. There is no required fee or consideration. The forms are
available upon request at each Caltex Station and there is a sealed can where accomplished entry
stubs may be deposited. Seeing the extensive use of mails for publicizing and transmission of
communication purposes, Caltex sent representatives to the postal authorities for advance
clearing for the use of mails for the contest. However, the respondent denied the request of
Caltex in view of Sections 1954 (a), 1982 and 1983 of the Revised Administrative Code. The
aforesaid sections prohibit the use of mail conveying any information concerning non-mailable
schemes, such as lottery, gift enterprise, or similar scheme. Consequently, Caltex invoked a
judicial intervention by filing a petition of declaratory relief against the respondent, ordering him
to allow the petitioner to use the mails to bring the contest to the attention of the public and that
the aforesaid contest does not violate the Postal Law.

Issue: Whether or not the promotional scheme of Caltex violated the Postal Law.

Ruling: In the case at bar, there is no requirement in the rules that any fee be paid, any
merchandise be bought, any service be rendered, or any value whatsoever be given for the
privilege to participate. The scheme is merely a gratuitous distribution of property by chance
which does not violate the provisions of the Postal Law. Construction is used where there is
rendered doubtful, amongst others, by reason of the fact that the given case is not explicitly
provided for in the law. Hence, the Court is tasked to look beyond the fair exterior, to the
substance, in order to unmask the real element and pernicious tendencies that the law is seeking
to prevent.

Statutory the art or process of discovering and expounding the meaning and the intention of the
authors of the law with respect to its application to a given case, where that intention is rendered
doubtful, amongst others, by reason of the fact that the given case is not explicitly provided for
in the law.