Statutory Construction it is the various methods and tests used by the
courts for determining the meaning of law.
I. General Principles in defining Statutory Construction Whether the promotional scheme is a lottery or a gift that violates the provisions of the Postal Law (Caltex v. Palomar)
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.
What is Statutory Construction?
It is 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. (Caltex v. Palomar)
II. When does statutory construction come in?
When does StatCon come in?
The first and fundamental duty of courts is to apply the law. Construction and interpretation come only after it has been demonstrated that application is impossible or inadequate without them. (National Federation of Labor v. Eisma; Paat v. CA; People v. Mapa; Paras v. Comelec; Daoang v. Municipal Judge of San Nicolas)
1. National Federation of Labor v. Eisma
Construction is required to determine jurisdiction.
The first and fundamental duty of courts is to apply the law. Construction and interpretation come only after it has been demonstrated that application is impossible or inadequate without them. However, jurisdiction over the subject matter in a judicial proceeding is conferred by the sovereign authority, which organizes the court; and it is given only by law. Jurisdiction is never presumed; it must be conferred by law in words that do not admit of doubt. Since the jurisdiction of courts and judicial tribunals is derived exclusively from the statutes of the forum, the issue should be resolved on the basis of the law or statute in force.
2. Paat v. CA Whether construction admits that the authority confiscates conveyances belonging to the court.
The construction that conveyances are subject of confiscation by the courts exclusively (pursuant to Section 28, paragraph 2) unduly restricts the clear intention of the law and inevitably reduces the other provision of Section 68-A, aside to the fact that conveyances are not mentioned nor included in the former provision. In the case at bar, the phrase to dispose of the same is broad enough to cover the act of forfeiting conveyances in favor of the government. The only limitation is that it should be made in accordance with pertinent laws, regulations or policies on the matter. Therefore, in the construction of statutes, it must be read in such a way as to give effect to the purpose projected in the statute.
3. People v. Mapa
Prosecution for the crime of illegal possession of firearm and ammunition of appointed secret agent of a public official.
The law is explicit that it is unlawful for any person to possess any firearm or any instrument, intended to be used in the manufacture of firearms, parts of firearms, or ammunition except when such firearms are in possession of such public officials and public servants for use in the performance of their official duties. It is the first and fundamental duty of courts to apply the law. It was decided that construction and interpretation come only after it has been demonstrated that application is impossible or inadequate without them. The law cannot be any clearer; there being no provision made for a secret agent.
4. Daoang v. Municipal Judge of San Nicolas
Adoption under para 1 of Art. 335 of the Civil Code.
The words used in paragraph (1) of Article 335 of the Civil Code, in enumerating the persons who cannot adopt, are clear and unambiguous. When the New Civil Code was adopted, it changed the word descendant, found in the Spanish Civil Code to which the New Civil Code was patterned, to children. The children thus mentioned have a clearly defined meaning in law and do not include grandchildren. In the present case, Roderick and Rommel Daoang, the grandchildren of Antero Agonoy and Amanda Ramos-Agonoy, cannot assail the adoption of Quirino Bonilla and Wilson Marcos by the Agonoys. Therefore, the general rule is that only statutes with an ambiguous or doubtful meaning may be the subjects of statutory construction.
5. Paras v. Comelec
Is SK to be considered a regular local election in a recall proceeding?
The subject provision of the Local Government Code, Sec. 74 Paragraph (b) provides that No recall shall take place within one year from the date of the officials assumption to office or one year immediately preceding a regular local election. Hence, It is a rule in statutory construction that every part of the statute must be interpreted with reference to the context. In the present case, the Sangguniang Kabataan elections cannot be considered a regular election, as this would render inutile the recall provision of the Local Government Code. It would be more in keeping with the intent of the recall provision of the Code to construe regular local election as one referring to an election where the office held by the local elective official sought to be recalled will be contested and be filled by the electorate.
Statutory Construction vs Judicial Legislation
When is it construction and when is it judicial legislation?
To declare what the law shall be is a legislative power, but to declare what the law is or has been, is judicial. However, the court do and must legislate to fill in the gaps in the law. The Court decided to go beyond merely ruling on the facts of the existing law and jurisprudence. (Floresca v. Philex Mining; Republic v. CA and Molina)
1. Floresca v. Philex Mining
Does CFI (RTC) have jurisdiction over the complaint?
Pursuant to Article 9 of the Civil Code which provides that: No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. It argues that the application or interpretation placed by the Court upon a law is part of the law as of the date of the enactment of the said law since the Courts application or interpretation merely establishes the contemporaneous legislative intent that the construed law purports to carry into effect. Yet, the Court argues that the Court can legislate, pursuant to Article 9 of the New Civil Code. However, even the legislator himself recognizes that in certain instances, the court do and must legislate to fill in the gaps in the law; because the mind of the legislator, like all human beings, is finite and therefore cannot envisage all possible cases to which the law may apply.
2. Republic v. CA and Molina
Guidelines presented by the court.
The Family Code of the Philippines provides an entirely new ground (in addition to those enumerated in the Civil Code) to assail the validity of a marriage, namely, "psychological incapacity." In addition to resolving the present case, the court finds the need to lay down specific guidelines in the interpretation and application of Article 36 of the Family Code. In the present case, it appears to that there is a "difficulty," if not outright "refusal" or "neglect" in the performance of some marital obligations of the respondent spouse. Mere showing of "irreconcilable differences" and "conflicting personalities" in no wise constitutes psychological incapacity. Hence, the Court decided to go beyond merely ruling on the facts of this case vis-a-vis existing law and jurisprudence. For psychological incapacity to foster, three characteristics should manifest, that include gravity, juridical antecedence and incurability.
B. How must legislative intent be ascertained?
Legislative intent must be ascertained from a consideration of the statute as a whole. The particular words, clauses and phrases should not be studied as detached and isolated expressions, but the whole and every part of the statute must be considered in fixing the meaning of any of its parts and in order to produce harmonious whole. (Aisporna v. CA; China Bank v. Ortega; PVA Board of Administrators v. Bautista)
1. Aisporna v. CA
Legislative intent of the Insurance Act: whether an insurance subagent or proxy covered in section 189 of Insurance Act.
Legislative intent must be ascertained from a consideration of the statute as a whole. The particular words, clauses and phrases should not be studied as detached and isolated expressions, but the whole and every part of the statute must be considered in fixing the meaning of any of its parts and in order to produce harmonious whole. In the present case, the first paragraph of Section 189 prohibits a person from acting as agent, subagent or broker in the solicitation or procurement of applications for insurance without first procuring a certificate of authority so to act from the Insurance Commissioner; while the second paragraph defines who is an insurance agent within the intent of the section; while the third paragraph prescribes the penalty to be imposed for its violation.
2. China Bank v. Ortega
Whether a banking institution can validly refuse a court process garnishing the bank deposit invoking the provisions of R.A. No. 1405 (An Act prohibiting Disclosure of or Inquiry into, Deposits with any Banking Institution)
In gist of the pertinent provisions of RA 1405, Sec. 2., that although transactions with banking institutions in the Philippines is absolutely confidential, there is an exception upon written permission of depositor, or in cases of impeachment, or upon order of the competent court in cases of bribery or dereliction of duty of public officials, or in cases where the money deposited or invested is the subject matter of the litigation. In the present case, China Bank is at default because the court merely required the bank to inform the court whether or not the defendant had a deposit with the bank for the purposes of garnishment issued by the court. However, the disclosure is purely incidental to the execution process.
3. PVA Board of Administrators v. Bautista
Whether plaintiff is entitled to the pension from 1955 instead of from 1968.
The purpose of Congress in granting veterans pensions is to compensate, as far as may be, a class of men who suffered in the service for the hardships they endured and the dangers they encountered, and more importantly, those who have become incapacitated for work owing to sickness, disease or injuries sustained while in the line of the duty. R.A. No. 65 (Veterans Bill of Rights) or veteran pension law is therefore, a governmental expression of gratitude to and those who rendered service for the country, by extending to them regular monetary aid. If the pension awards are made effective only upon approval of the application, then the noble and humanitarian purposes for which the law had enacted could easily be thwarted or defeated.
Executive Construction and Subjects of Construction Chapter IV: Executive Construction
What is the rule on executive construction? 1. PAFLU v. Bureau of Labor Relations
The court still and should respect the contemporaneous construction placed upon a statute by the executive officers whose duty is to enforce it, and unless such interpretation is clearly erroneous will ordinarily be controlled thereby.
When is Executive construction not given weight? 1. Phil. Apparel Workers Union v. NLRC
There was no grant of said increases yet, despite the contrary opinion expressed in the letter of the Undersecretary of Labor. It must be noted that the letter was based on a wrong premise or representation on the part of the company. The construction or explanation of Labor Undersecretary is not only wrong as it was purely based on a misapprehension of facts, but also unlawful because it goes beyond the scope of the law. The Supreme Court set aside the decision of the commission, and ordered the company to pay, in addition to the increased allowance provided for in PD 1123.
2. IBAA Employees Union v. Inciong
Whether the Ministry of Labor is correct in determining that monthly paid employees are excluded from the benefits of holiday pay. From Article 92 of the Labor Code, as amended by Presidential Decree 850, and Article 82 of the same Code, it is clear that monthly paid employees are not excluded from the benefits of holiday pay. So long, as the regulations relate solely to carrying into effect the provisions of the law, they are valid. Where an administrative order betrays inconsistency or repugnancy to the provisions of the Act, the mandate of the Act must prevail and must be followed.
3. Chartered Bank Employees Union v. Ople
Whether the Ministry of Labor is correct in maintaining that monthly paid employees are not entitled to the holiday pay nor all employees who rendered work during said legal holidays are entitled to the premium or overtime pay differentials. When the language of the law is clear and unequivocal the law must be taken to mean exactly what it says. An administrative interpretation, which diminishes the benefits of labor more than what the statute delimits or withholds, is obviously ultra vires. In the present case, the provisions of the Labor Code on the entitlement to the benefits of holiday pay are clear and explicit, it provides for both the coverage of and exclusion from the benefit.
Difference of a rule and an opinion? 1. Victorias Milling v. SSC
When an administrative agency promulgates rules and regulations, it makes; a new law with the force and effect of a valid law, while when it renders an opinion or gives a statement of policy, it merely interprets pre-existing law. Chapter V: Subjects of Construction
How should the Constitution be construed? 1. Sarmiento v. Mison
The fundamental principle of constitutional construction is to give effect to the intent of the framers of the organic law and of the people adopting it. The intention to which force is to be given is that which is embodied and expressed in the constitutional provisions themselves.
2. Perfecto v. Meer
Whether the imposition of an income tax upon the salary of a member of the Judiciary amount to a diminution thereof., and thus violate the Constitution. The 1935 Constitution provides in its Article VIII, Section 9, that the members of the Supreme Court and all judges of inferior courts shall receive such compensation as may be fixed by law, which shall not be diminished during their continuance in office.
3. Endencia v. David
Whether the Legislature may lawfully declare the collection of income tax on the salary of a public official, specially a judicial officer, not a decrease of his salary, after the Supreme Court has found and decided otherwise. Therefore, the doctrine laid down in the case of Perfecto vs. Meer to the effect that the collection of income tax on the salary of a judicial officer is a diminution thereof and so violates the Constitution, is reiterated.
4. Nitafan v. CIR
Whether the intention of the framers of the 1987 Constitution is to exempt justices and judges from taxes as it was in the 1935 Constitution. In the present case, Section 10, Article VIII is plain that the Constitution authorizes Congress to pass a law fixing another rate of compensation of Justices and Judges but such rate must be higher than that which they are receiving at the time of enactment, or if lower, it would be applicable only to those appointed after its approval. The constitutional provision in question until it was finally approved by the Commission disclosed that the true intent of the framers of the 1987 Constitution, in adopting it, was to make the salaries of members of the Judiciary taxable.
May the preamble be referred to in the construction of Constitutional Provisions? 1. Aglipay v. Ruiz
Religious freedom as a constitutional mandate is not inhibition of profound reverence for religion and is not a denial of its influence in human affairs. When the Filipino people, in the preamble of their Constitution, implored the aid of Divine Providence, in order to establish a government that shall embody their ideals, conserve and develop the patrimony of the nation, promote the general welfare, and secure to themselves and their posterity the blessings of independence under a regime of justice, liberty and democracy, they thereby manifested their intense religious nature and placed unfaltering reliance upon Him who guides the destinies of men and nations. The elevating influence of religion in human society is recognized here as elsewhere. In the present case, the purpose of the issuing of the stamps was to take advantage of an event considered of international importance to give publicity to the Philippines and its people and attract more tourists to the country.
Are the provisions of the Constitution self-executing? 1. Manila Prince Hotel v. GSIS
A constitutional provision is self-executing if the nature and extent of the right conferred and the liability imposed are fixed by the constitution itself, so that they can be determined by an examination and construction of its terms, and there is no language indicating that the subject is referred to the legislature for action. In self-executing constitutional provisions, the legislature may still enact legislation to facilitate the exercise of powers directly granted by the constitution, further the operation of such a provision, prescribe a practice to be used for its enforcement, provide a convenient remedy for the protection of the rights secured or the determination thereof, or place reasonable safeguards around the exercise of the right. Hence, unless it is expressly provided that a legislative act is necessary to enforce a constitutional mandate, the presumption now is that all provisions of the constitution are self-executing.
Requirements for the publication of laws? 1. Tanada v. Tuvera, 1985
Publication in the Official Gazette is necessary in those cases where the legislation itself does not provide for its effectivity date for then the date of publication is material for determining its date of effectivity, which is the fifteenth day following its publication but not when the law itself provides for the date when it goes into effect. The clear object Art. 2 is to give the general public adequate notice of the various laws which are to regulate their actions and conduct as citizens. Without such notice and publication, there would be no basis for the application of the maxim ignorantia legis non excusat.
2. Tanada v. Tuvera, 1986
The clause unless it is otherwise provided, in Article 2 of the Civil Code, refers to the date of effectivity and not to the requirement of publication itself, which cannot in any event be omitted. This clause does not mean that the legislature may make the law effective immediately upon approval, or on any other date, without its previous publication. The legislature may in its discretion provide that the usual fifteen-day period shall be shortened or extended.
Rule on construction of ordinances vis--vis Statute 1. Primicias v. Urdaneta
The general rule is that a later law prevails over an earlier law. The ordinances validity should be determined vis-a-vis RA 4136, the mother statute (not Act 3992), which was in force at the time the criminal case was brought against Primicias.
Aids in Construction and Interpretation of Statutes IV. Aids in Construction 1. Archbishop of Manila v. SSC Extrinsic Aids
In this appeal from an order of the Social Security Commission, we uphold the Commission's Order dismissing the petition before it, on the ground that in the absence of an express provision in the Social Security Act1 vesting in the Commission the power to condone penalties, it has no legal authority to condone, waive or relinquish the penalty for late premium remittances mandatorily imposed under the Social Security Act.
When Literal Construction is not Favored 1. Paras v. Comelec
Petitioner Danilo E. Paras is the incumbent Punong Barangay of Pula, Cabanatuan City who won during the last regular barangay election in 1994. A petition for his recall as Punong Barangay was filed by the registered voters of the barangay. Acting on the petition for recall, public respondent Commission on Elections (COMELEC) resolved to approve the petition, scheduled the petition signing on October 14, 1995, and set the recall election on November 13, 1995. Petitioner's argument is simple and to the point. Citing Section 74 (b) of Republic Act No. 7160, otherwise known as the Local Government Code, which states that "no recall shall take place within one (1) year from the date of the official's assumption to office or one (1) year immediately preceding a regular local election". It is likewise a basic precept in statutory construction that a statute should be interpreted in harmony with the Constitution. Thus, the interpretation of Section 74 of the Local Government Code, specifically paragraph (b) thereof, should not be in conflict with the Constitutional mandate of Section 3 of Article X of the Constitution to "enact a local government code which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanism of recall, initiative, and referendum . . . ."
Construction in Tax Laws Chapter VI: Interpretation of Specific Types of Statutes TAX LAWS How are tax refunds construed? 1. La Carlota Sugar Central v. Jimenez
When the issue is whether or not the exemption from a tax imposed by law is applicable, the rule is that the exempting provision is to be construed liberally in favor of the taxing authority and strictly against exemption from tax liability, the result being that statutory provisions for the refund of taxes are strictly construed in favor of the State and against the taxpayer. Exempting from the 17% tax all fertilizers imported by planters or farmers through any agent other than their cooperatives, this would be rendering useless the only exception expressly established in the case of fertilizers imported by planters or farmers through their cooperatives.
Who has the burden of proof? 1. CIR v. CA Ateneo case The Commissioner erred in applying the principles of tax exemption without first applying the well-settled doctrine of strict interpretation in the imposition of taxes. he Court ruled that the private respondent is not a contractor selling its services for a fee but an academic institution conducting these researches pursuant to its commitments to education and, ultimately, to public service. For the institute to have tenaciously continued operating for so long despite its accumulation of significant losses, we can only agree with both the Court of Tax Appeals and the Court of Appeals that education and not profit is motive for undertaking the research projects.
2. Mactan Cebu v. Marcos
Mactan Cebu International Airport Authority (MCIAA) is a taxable person under its Charter (RA 6958), and was only exempted from the payment of real property taxes. The grant of the privilege only in respect of this tax is conclusive proof of the legislative intent to make it a taxable person subject to all taxes, except real property tax. Therefore, MCIAA has to pay the assessed realty tax of its properties effective after January 1, 1992 until the present.
Tax sales construed? 1. Serefino v. CA
The Court assailed decision of the appellate court declares that the prescribed procedure in auction sales of property for tax delinquency being in derogation of property rights should be followed punctiliously. Strict adherence to the statutes governing tax sales is imperative not only for the protection of the tax payers, but also to allay any possible suspicion of collusion between the buyer and the public officials called upon to enforce such laws. Notice of sale to the delinquent land owners and to the public in general is an essential and indispensable requirement of law, the non-fulfillment of which vitiates the sale. The inability of the Register of Deeds to notify the actual owner or Lopez Sugar Central of the scheduled public auction sale was partly due to the failure of Lopez Sugar Central to declare the land in its name for a number of years and to pay the complete taxes thereon.
Construction in Labor Laws Rule on the construction of labor laws 1. Manahan v. ECC
This Court applied the provisions of the Workmens Compensation Act, as amended, on passing upon petitioners claim. The illness that claimed the life of the deceased may have its onset before 10 December 1974, thus, his action accrued before 10 December 1974. Still, in any case, and in case of doubt, the same should be resolved in favor of the worker, and that social legislations like the Workmens Compensation Act and the Labor Code should be liberally construed to attain their laudable objective, i.e., to give relief to the workman and/or his dependents in the event that the former should die or sustain an injury. Pursuant to such doctrine and applying now the provisions of the Workmens Compensation Act in this case, the presumption of compensability subsists in favor of the claimant.
2. Villavert v. ECC
From the foregoing facts of record, it is clear that Marcelino N. Villavert died of acute hemorrhagic pancreatitis which was directly caused or at least aggravated by the duties he performed as code verifier, computer operator and clerk typist of the Philippine Constabulary. Further, Article 4 of the Labor Code of the Philippines, as amended, provides that all doubts in the implementation and interpretation of this Code, including its implementing rules and regulations shall be resolved in favor of labor.
3. Del Rosario & Sons v. NLRC
Articles 106 of the Labor Code provides that in the event that the contractor or subcontractor fails to pay the wages of his employees in accordance with this Code, the employer shall be jointly and severally liable with his contractor or subcontractor to such employees to the extent of the work performed under the contract, in the same manner and extent that he is liable to employees directly employed by him, and Article 107 provides that the provisions of the immediately preceding Article shall likewise apply to any person, partnership, association or corporation which, not being an employer, contracts with an independent contractor for the performance of any work, task, job or project. The Supreme Court affirmed the judgment under review, without prejudice to petitioners right to seek reimbursement from Calmar Security Agency for such amounts as petitioner may have to pay to complainants.h
Construction in Insurance INSURANCE Rule in the interpretation of insurance provisions 1. Ty v. First National Surety
Whether Diosdado Ty is entitled to indemnity under the insurance policy for the disability of his left hand. While the Court sympathizes with the plaintiff or his employer, for whose benefit the policies were issued, it cannot go beyond the clear and express conditions of the insurance policies, all of which define partial disability as loss of either hand by an amputation through the bones of the wrist. There was no such amputation in the case at bar.
2. De la Cruz v. Capital Insurance
Eduardo de la Cruz was the holder of an accident insurance policy. Eduardo slipped and was hit by his opponent on the left part of the back of the head, causing Eduardo to fall and death in a non-pro boxing bout. Whether the death of the insured is covered by the policy. The terms accident and accidental have not acquired any technical meaning, and are construed by the courts in their ordinary and common acceptation. In the present case, while the participation of the insured in the boxing contest is voluntary, if without the unintentional slipping of the deceased, perhaps he could not have received that blow in the head and would not have died.
Ambiguous provision interpreted against insurer 1. Qua Chee Gan v. Law Union Insurer
Whether gasoline may be construed as oil to warrant the forfeiture of claims under the insurance policy. By reason of the exclusive control of the insurance company over the terms and phraseology of the contract, the ambiguity must be held strictly against the insurer and liberally in favor of the insured, especially to avoid forfeiture. There is no reason why the prohibition of keeping gasoline in the premises could not be expressed clearly and unmistakably, in the language and terms that the general public can readily understand, without resort to obscure esoteric expression.
Construction in Corporate and Naturalization Laws CORPORATE LAW Rule in the interpretation corporate law provisions 1. Home Insurance vs. Eastern Shipping Lines
Whether a foreign corporation doing business in the Philippines initially without a license can claim indemnity through Philippine Courts. The objective of the law was to subject the foreign corporation to the jurisdiction of our courts. The Corporation Law must be given a reasonable, not an unduly harsh, interpretation which does not hamper the development of trade relations and which fosters friendly commercial intercourse among countries. The Supreme Court consolidated and granted the petitions, reversed and set aside the CFI decisions. In L- 34382 (Civil Case 71923), Eastern Shipping Lines and Angel Jose Transportation Inc. are ordered to pay the Home Insurance Company.
NATURALIZATION LAWS 1. Co v. Republic
Whether petitioner failed to comply with the requirements prescribed by law in order to qualify him to become a Filipino citizen. Philippine law requires that an alien to conduct himself in a proper and irreproachable manner during the entire period of his residence in the Philippines in his relation with the constituted government as well as with the community in which he is living. In the present case, in so stating that he believes merely in our laws, he did not necessarily refer to those principles embodied in our constitution which are referred to in the law; the belief in democracy or in a democratic form of government is not sufficient to comply with the requirement of the law that one must believe in the principles underlying our constitution. Further, petitioner failed to show that he has complied with his obligation to register his wife and child with the Bureau of Immigration as required by the Alien Registration Act; and further failed to file his income tax return.
2. Lee Cho v. Republic
Whether petitioner was able to comply with the requirements for naturalization. The provisions of the Naturalization Law should be strictly construed in order that its laudable and nationalistic purpose may be fully fulfilled. In the present case, the petitioner has not filed any declaration of intention to become a Filipino citizen because, as he claims, he has resided continuously in the Philippines for a period of more than 30 years and has given primary and secondary education to all his children in private schools recognized by the government. This circumstance betrays the sincerity of petitioner to become a Filipino citizen for if his motive were proper he should not have tolerated such deviation from the educational requirement of the law. The petitioner, thus, has failed to qualify to become a Filipino citizen.
Other Rules in Statutory Construction Chapter IX: Statute Construed as a Whole and in Relation to Other Statutes 1. Lozano v. Yorac
Issues and Ruling: Whether the denial of voluntary inhibition of Yorac in the disqualification of the case of Lozano v. Mayor Binay; and reversal of the en banc resolution promulgated by COMELEC dismissing the disqualification and criminal complaint against Binay on vote buying. Yorac has not been mooted and Binay won the case and not proven guilty of vote buying.
Chapter X: Special over General Rule regarding conflicting provisions of the same statute 1. Manila Railroad Co. v. Collector of Customs
Issue and Ruling: Whether the lower court is favor of MRR. Where there is in the same statute a particular enactment and also a general one what is embraced in the former, the particular enactment must be operative and the general enactment must be taken to affect only such cases within its general language as are not within the provision of the particular enactment.
2. Almeda v. Florentino
Issue and Ruling: In the Charter of Pasay, RA No. 183 changed the composition of the Municipal Board. What provision of law should govern? The court ruled that where there is specific law and a general law dealing with the same subject, the specific law should prevail over the general one.
Rule regarding conflicting provisions of different statutes 1. Laxamana v. Baltazar
Issue and Ruling: The mayor of Pampanga was suspended by virtue of Revised Admin Code and the Laxamana was appointed by virtue of Revised election Code. Whether Revised Admin Code should prevail over Revised Election Code? The exceptional case is the suspension of mayors where the Revised Admin Code prevails. In case of conflict between two provisions of law, it is well-settled principle of statutory construction that a special provision is paramount to a general provision.
2. Butuan Sawmill v. City of Butuan
Issue and Ruling: Whether the existing laws include the franchise business of petitioners within the coverage of the taxing ordinance is beyond the citys power of taxation. The inclusion of franchise business of Butuan Sawmill is beyond the broad power of taxation of the city under its charter. Where there are two statutes the earlier special and the latter general the special is considered as remaining an exception to the general as a general law of the land, the other as the law of a particular case.
Rule in case of conflict between a special provision of a general law and a general provision of a special law 1. City of Manila v. Teotico
Issue and Ruling: Teotico a manager, sustained a laceration on his left eyelid and contusions on his left thigh, sued Manila city for negligence citing Art. 2189 of the Civil Code. In defense, Manila City cited RA 409, its Charter. Which provision of law should prevail? In terms of territorial RA 409 applies but with regards to subject matter for negligence in general, Art. 2189 prevails making cities liable for injuries sustained due to defective streets in particular.
2. David v. Comelec
Issue and Ruling: Alex David, a Brgy Captain in Caloocan City, questioned Comelecs scheduling of barangay elections. How long is the term of barangay officials. RA 6653 provides that term of office of barangay officials shall be for five years, however RA 7160 when it was enacted reduced the term of all local elective officials to three years.
Amendment, Revision, Codification and Repeal 1. Tac-an v. CA
Issue and Ruling: Tac-an, a lawyer of Acopiado brothers, whose services was terminated and his payment of services by a land title was annulled by the brothers. Whether repealing of Admin Code of Mindanao and Sulu, should be given retroactivity; and whether the transfer of land to Tac-an was valid. Tac-an argued that such provisions in Admin Code of Mindanao and Sulu was repealed, but since the Admin Code were substantive in nature, the repealing statute cannot be given retroactive effect.
2. Villegas v. Subido
Issue and Ruling: The Supreme Court ruled that repeals by implication are not favored and will not be so declared unless it be manifest that the legislature so intended.
Two requisites: 1) It must be shown that the statute deal with the same subject matter; and, 2) the latter is inconsistent with the former, or irreconcilable with what had been formerly enacted, and what is needed is a manifest indication of the legislative purpose to repeal.
Remarks of Mr. Calhoun of South Carolina on the bill to prevent the interference of certain federal officers in elections: delivered in the Senate of the United States February 22, 1839