SAN BEDA COLLEGE

COLLEGE OF LAW
STATUTORY CONSTRUCTION
Based on the Course Outline of Atty. Maritess C. Sy

I. BACKGROUND
1.1 The Philippine Legal System
1.2 Rules on Legislative Drafting

II. STATUTES AND THEIR ENACTMENT

2.6 Steps in the Enactment of the Statute
1987 Constitution, Article VI, Section 26 (2) and 27
-
CIR vs. CTA
-
Tolentino vs. Secretary of Finance
-
Arroyo vs. De Venecia
2.7 Evidence of Due Enactment of Statutes
2.7.1 Enrolled Bill Theory
-
Mabanag vs. Lopez Vito
-
Casco vs. Gimenez
-
Morales vs. Subido
2.7.2 Journal Entry Rule
-
Astorga vs. Villegas

III. EFFECTS AND APPLICATION OF STATUTES

3.1 When Statute Becomes Effective
Civil Code, Article 2; EO 200 as incorporated in EO 292 Section 18
-
Tanade vs. Tuvera
3.2 When Regulation Becomes Effective
EO 292, Book VII, Sections 2-9
-
People vs. Que Po Lay
-
Tanada vs. Tuvera
-
Yaokasin vs. Commissioner of Customs
3.3 When Ordinance Takes Effect
RA 7160, Sections 54-59
-
Bagatsing vs. Ramirez
3.4 Language of the Statute That Shall Prevail
1987 Constitution, Article XIV, Sections 6-8
Section 6. The national language of the Philippines is Filipino. As it evolves, it shall be further
developed and enriched on the basis of existing Philippine and other languages.
Subject to provisions of law and as the Congress may deem appropriate, the Government
shall take steps to initiate and sustain the use of Filipino as a medium of official
communication and as language of instruction in the educational system.
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Section 7. For purposes of communication and instruction, the official languages of the
Philippines are Filipino and, until otherwise provided by law, English.
The regional languages are the auxiliary official languages in the regions and shall serve as
auxiliary media of instruction therein.
Spanish and Arabic shall be promoted on a voluntary and optional basis.
Section 8. This Constitution shall be promulgated in Filipino and English and shall be translated
into major regional languages, Arabic, and Spanish.
EO No. 292, Section 20
Section 20. Interpretation of Laws and Administrative Issuances. - In the interpretation of a
law or administrative issuance promulgated in all the official languages, the English text shall
control, unless otherwise specifically provided. In case of ambiguity, omission or mistake, the
other texts may be consulted.
3.5 Manner of Computing Time
Civil Code, Article 13
Article 13. When the laws speak of years, months, days or nights, it shall be understood that
years are of three hundred sixty-five days each; months, of thirty days; days, of twenty-four
hours; and nights from sunset to sunrise.
If months are designated by their name, they shall be computed by the number of days
which they respectively have.
In computing a period, the first day shall be excluded, and the last day included. (7a)
3.6 Territorial Extent of Operation
1987 Constitution, Article 1
ARTICLE I
NATIONAL TERRITORY
The national territory comprises the Philippine archipelago, with all the islands and waters embraced
therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of
its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal waters of the
Philippines.
Civil Code, Article 14 & 15
Article 14. Penal laws and those of public security and safety shall be obligatory upon all who live or
sojourn in the Philippine territory, subject to the principles of public international law and to treaty
stipulations. (8a)
Article 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of
persons are binding upon citizens of the Philippines, even though living abroad. (9a)
Revised Penal Code, Article 2
Article 2. Application of its provisions. - Except as provided in the treaties and laws of preferential
application, the provisions of this Code shall be enforced not only within the Philippine Archipelago,
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including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction,
against those who:
1. Should commit an offense while on a Philippine ship or airship;
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations
and securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations
and securities mentioned in the preceding number;
4. While being public officers or employees, should commit an offense in the exercise of their
functions; or
5. Should commit any of the crimes against national security and the law of nations, defined in
Title One of Book Two of this Code.
3.7 Prospective and Retrospective Operation of Statutes
Constitution, Article III, Section 22
Section 22. No ex post facto law or bill of attainder shall be enacted.
Civil Code, Article 4
Article 4. Laws shall have no retroactive effect, unless the contrary is provided. (3)
EO No. 292, Section 19
Section 19. Prospectivity. - Laws shall have prospective effect unless the contrary is expressly
provided.
Revised Penal Code, Article 22
Article 22. Retroactive effect of penal laws. - Penal laws shall have a retroactive effect insofar as
they favor the person guilty of a felony, who is not a habitual criminal, as this term is defined in rule 5
of article 62 of this Code, although at the time of the publication of such laws a final sentence has
been pronounced and the convict is serving the same.

IV. AMENDEMENTS, REVISIONS, REPEALS

4.1 Amendments
Estrada vs. Caseda
Commonwealth Act No. 689, October 15, 1945 Sec.14 effective for 2 years
RA No. 66, October 18, 1946 amendment to Sec.14 effective for 4 years
September 5, 1945, to vacate the lease, lessor had to occupy, but not covered by CA 689
since out of period

Manila Jockey Club vs. Games and Amusement Board

Sec. 4 of RA 309 amended by RA 983 6 Sundays for PCSO, 30 Sundays for private races
RA 1502 increasing to 12 races and draws for PCSO, without specifying the day
GAB resolved to assign the additional 6 to Sundays assigned for private races proper

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Sarcos vs. Castillo

Gov. Castillo ordered preventive suspension of Mayor Barobo for misconduct and
dishonesty set aside
Under Sec.2188 of Rev. Adm. Code, Governors can order such preventive suspension
It was repealed by RA No. 5185 Sec.5, now the President, Provincial Board and City or
Municipality Council, as the case may be, has the power to order preventive suspension

Electors Inc. vs. NLRC

1st contract salary + allowance of $165/mo. Plus bonus of $1000, 2nd contract reduced to
$105
1981 - NLRC denied claim of overtime but granted diff. in salary and contractual bonus
with proper jurisdiction
May 1, 1982 EO No. 797 creating POEA divested the jurisdiction over cases of overseas
employees
PD No. 1961 and 1391 labor arbiter has jurisdiction the law in effect at the time of the
case

4.2 Revisions and Codifications

Montelibano vs. Ferrer
Charter of the City of Bacolod patterned to that of Manila, though not verbatim
The only officer authorized by the Charter of the City of Bacolod to initiate criminal cases in
the courts thereof is its City of Attorney
Capitol Subd. Montelibano ejects Benares who refused, cleared the sugarcane planted
Benares filed malicious mischief, warrant of arrest issued by Judge Ferrer annulled

American Bible Society vs. Manila

Former City Charter of Manila Ordinance No. 3000, requirement of permit - Presidential
approval to take effect
Sec. 102 of RA No. 409 Revised Manila Charter Ordinance No. 2529, requirement of
license fees
Ordinance No. 3000 still applicable City Treasurer assessed ABS of P5,821.45 paid in
protest
Lower court dismissed, SC reversed for reason of exercise of religion
ABS-CBN Broadcasting Corporation vs. CTA
NIRC as amended by RA No. 2434 30% tax rate for foreign corporations
Sec. 24(b) amended by RA No. 5431, Increasing tax rate to 35%, from gross rentals to gross
income
Rulings or circulars promulgated by the CIR have no retroactive application where to so
apply them would be prejudicial to taxpayers

Ortiz vs. Comelec

RA No. 1568 requires 20 year of service for retirement benefit; amended by RA No. 3473 20
yrs only when resigned
RA No. 1568 as amended was abolished by RA No. 4968 but was subsequently re-enacted
by RA No. 6118
Mario Ortiz appointed by Marcos, wrote a letter to Aquino, term originally to expire on May
1992

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Comelec Commissioners courtesy resignations, involuntary term deemed completed,

hence, entitled to benefits

Mecano vs. COA

Section 699 of the Revised Administrative Code Allowance in case of injury while on duty
Administrative Act of 1987 did not reproduce Sec. 699; offers benefits under Employees
Compensation Commission
Antonio Mecano(NBI Director) injured, claims reimbursement of P40,801 to COA
COA denied and referred to ECC
Mecano entitled to both (Sec. 699 & ECC), construed as continuation

4.3 Repeals
Civil Code, Article 7
Article 7. Laws are repealed only by subsequent ones, and their violation or non-observance
shall not be excused by disuse, or custom or practice to the contrary.
When the courts declared a law to be inconsistent with the Constitution, the former shall be void
and the latter shall govern.
Administrative or executive acts, orders and regulations shall be valid only when they are not
contrary to the laws or the Constitution. (5a)
Administrative Code of 1987, Book I, Chapter 5, Operation and Effect of Laws
Section 21. No Implied Revival of Repealed Law.- When a law which expressly repeals a prior law
itself repealed, the law first repealed shall not be thereby revived unless expressly so provided.
Section 22. Revival of Law Impliedly Repealed. - When a law which impliedly repeals a prior law
is itself repealed, the prior law shall thereby be revived, unless the repealing law provides
otherwise.

US vs. Soliman
Iloilo Palay and Corn Planters vs. Feliciano
Lagman vs. City of Manila
National Power Corporation vs. Acra
Gaerlan, Jr. vs. Catubig
People vs. Pimentel
Hagad vs. Gozo-Dadole
Republic vs. Marcopper Mining Corporation

V. Nature and Concept of Statutory Construction

National Federation of Labor vs. Eisma

NFL charged Zambowood for underpayment of monthly living allowance
Dionisia Estioca illegally terminated union go on strike
Zambawood filed a complaint with the trial court, union moved to dismiss
Labor Arbiter has exclusive jurisdiction pursuant to BP 227

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Article 217 of BP 227 is explicit and clear; no need for construction and interpretation
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.

People vs. Mapa

Mario Mapa charged with illegal possession of firearms in violation of the Revised Admin.
Code
Mapa agent of Gov. Leviste of Batangas not among the exception enumerated by law
Only public officials and public servants for use in their official duties are exempted from
licensing
The law is explicit that it is unlawful to possess unlicensed firearms; no need for construction
and interpretation

Luzon Surety Co. vs. De Garcia

Ladislao Chavez and Luzon Surety executed a bond to PNB as guaranty for loan of P9,000
Vicente Garcia, Ladislao Chavez, & Ramon Lacson solidarily liable to Luzon Surety
Court ordered Chavez and LS to pay PNB; likewise, Chavez, Garcia, & Lacson to pay LS
Writ of garnishment secured by LS levying sugar quedans of Garcia Spouses
Art. 161 of the Civil Code enumerates the liability of CPG; CPG not benefited, hence, not
liable
Its language is clear; it does not admit of doubt. No process of interpretation or construction
need be resorted to. It peremptorily calls for application.

Matabuena vs. Cervantes

Felix Matabueana donated inter vivos a land to Petrolina Cervantes (common-law) they
married 6 years later
Cornelia Matabuena sole sister of Felix questioned the validity of donation under Art. 133
of the Civil Code; Prohibition of donation between spouses apply to common-law
relationship; donation void
Since they were subsequently married, belongs to her and the other to Cornelia
It is a principle of statutory construction that what is within the spirit of the law is as much a
part of it as what is written. Otherwise the basic purpose discernible in such codal provision
would not be attained.

People vs. Nazario

Eusebio Nazario, owner & operator of a fishpond in Municipality of Pagbilao, Quezon, refuse
to pay municipal taxes
Under Municipal Ordinance, owner/manager required to pay P3/hectare; he contends it is
ambiguous & uncertain
Nazario argues that he only leased the fishpond from Philippine Fisheries Commission and not
yet in operation
As a rule, a statute or act may be said to be vague when it lacks comprehensible standards
that men of common intelligence must necessarily guess at its meaning and differ as to its
application.
It is repugnant to the Constitution in two respects: (1) it violates due process for failure to
accord persons, especially the parties targetted by it, fair notice of the conduct to avoid;

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and (2) it leaves law enforcers unbridled discretion in carrying out its provisions and becomes
an arbitrary flexing of the Government muscle.
In no way may the ordinances at bar be said to be tainted with the vice of vagueness. It is
unmistakable from their very provisions that the appellant falls within its coverage.

VI. Objects and Methods of Construction

a. Verba Legis or Literal Interpretation/Plain Meaning Rule If a statute is clear, plain and free from
ambiguity, it must be given its literal meaning and applied without attempted interpretation.
Colgate-Palmolive Philippines, Inc. vs. Gimenez
Colgate claims refund of 17% excise tax paid on importation of stabilizer and
flavours, used in manufacture of toothpaste, under RA No. 601
Central Bank and Auditor General denied the refund amounting to P23,958.13; claims
that S&F mentioned in the RA pertains to the ones used in manufacturing food
products only; SC ordered the refund
General terms may be restricted by specific words, with the result that the general
language will be limited by the specific language which indicates the statute's object
and purpose. The rule, however, is applicable only to cases where, except for one
general term, all the items in an enumeration belong to or fall under one specific
class.
In the case at bar, it is true that the term stabilizer and flavours is preceded by a
number of articles that may be classified as food or food products, but it is likewise
true that the other items immediately following it do not belong to the same
classification.
This view is supported by the principle "Ubi lex non distinguish nec nos distinguire
debemos", or "where the law does not distinguish, neither do we distinguish".
The rule of construction that general and unlimited terms are restrained and limited
by particular recitals when used in connection with them, does not require the
rejection of general terms entirely. It is intended merely as an aid in ascertaining the
intention of the legislature and is to be taken in connection with other rules of
construction.
b. Ratio Legis or interpretation by considering the spirit and reason of the law/ Golden Rule
Hidalgo vs. Hidalgo
Policarpio Hidalgo sold 2 parcels of agricultural land, one for P4,000 which Igmidio
Hidalgo and Martina Rosales seeks to redeem for P1,500; the other for P750 which
Hilario Aguila and Adela Hidalgo also seeks to redeem. Both of them were share
tenants
WON the right of redemption granted by section 12 of the Land Reform Code is
applicable to leasehold tenants only, but not to share tenants, because said
provision of law clearly, definitely, and unequivocally grants said right to the
agricultural lessee, and to nobody else. NO
WON a share tenant is altogether different from a leasehold tenant and their
respective rights and obligations are not co-extensive or co-equal. NO
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This case is a case of where the true intent of the law is clear that calls for the
application of the cardinal rule of statutory construction that such intent or spirit must
prevail over the letter thereof, for whatever is within the spirit of a statute is within the
statute, since adherence to the letter would result in absurdity, injustice and
contradictions and would defeat the plain and vital purpose of the statute.
By this, the Supreme Court is NOT correcting the act of the Legislature, but is rather,
carrying out and giving due course to its intent.

c. Mens Legislatoris/Mischief Rule It is a principle of statutory construction that what is within the spirit
of the law is as much a part of it as what is written. Otherwise the basic purpose discernible in such
codal provision would not be attained.
U.S. vs. Toribio
Luis Toribio slaughtered a carabao for human consumption without a permit from the
municipal treasure of the municipality wherein it was slaughtered, in violation of the
provisions of sections 30 and 33 of Act No. 1147, an Act regulating the registration,
branding, and slaughter of large cattle.
Appellant contends that there was no municipal slaughterhouse in Carmen, Bohol,
hence Act No. 1147 do not prohibit nor penalize the slaughter of large cattle without
a permit of the municipal treasure.
The Act primarily seeks to protect the "large cattle" of the Philippine Islands against
theft and to make easy the recovery and return of such cattle to their proper owners
when lost, strayed, or stolen.
Where the language of a statute is fairly susceptible of two or more constructions,
that construction should be adopted which will most tend to give effect to the
manifest intent of the lawmaker and promote the object for which the statute was
enacted, and a construction should be rejected which would tend to render abortive
other provisions of the statute and to defeat the object which the legislator sought to
attain by its enactment.

Macabenta vs. Davao Stevedore Terminal Co.

Conrado Macabenta met an accident and left his widower, Leonora and who he
married in the hospital before he died, and a posthumous child, Raquel
From the express language of the Workmen's Compensation Act, a widow living with
the deceased or actually dependent upon him totally or partly as well as her
daughter, if under 18 years of age or incapable of supporting him or herself, and
unmarried, whether or not actually dependent upon the deceased are considered
dependents.
Where the law is clear, our duty is equally plain. We must apply it to the facts as
found. Assuming a choice is necessary between conflicting theories, that which best
conforms to the language of the statute and its purpose should prevail.

d. Equity of the Statute

Civil Code
Article 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or
insufficiency of the laws. (6)
Article 10. In case of doubt in the interpretation or application of laws, it is presumed that the
lawmaking body intended right and justice to prevail. (n)
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Amatan vs. Aujero

Rodrigo Umpad was accused of the crime of homicide for inflicting a fatal gunshot
upon Genaro Tagsip.
Plea of bargain where he plead guilty of attempted homicide in relation to Sec. 2,
Rule 116 of the 1985 Revised Rules of Criminal Procedure.
Pedro S. Amatan, a brother-in-law of the deceased, accused Judge Vicente Aujerio
of gross incompetence, gross ignorance of the law and gross misconduct.
In instances where a literal application of a provision of law would lead to injustice or
to a result so directly in opposition with the dictates of logic and everyday common
sense as to be unconscionable, the Civil Code admonishes judges to take principles
of right and justice at heart. In case of doubt the intent is to promote right and justice.
Fiat justice ruat coelum. Stated differently, when a provision of law is silent or
ambiguous, judges ought to invoke a solution responsive to the vehement urge of
conscience.

VII. Interpretation and Construction in Relation to Language of the Statute

a. Common Meaning Rule
Kuenzle & Streiff vs. Collector of Customs
The article of merchandise in question, the bonanza mixture, is made up of ground
coffee, ground chicory, and ground cereals. It is not a manufactured article and as
such, is not free of duty under section 5 of American Tariff of 1909.
It is bought, sold and used as coffee and must be classified as adulterated coffee, in
accordance with its true commercial nature.
The application of labor to an article, either by hand or by mechanism, does not
make the article necessarily a manufactured article within the meaning of that term
as used in the tariff laws, unless the application of such labor is carried to such an
extent that the article suffers a species of transformation and is changed into a new
and different article, having a distinctive name, character or use.
Grinding of coffee does not constitute a manufacture.
Song Kiat Chocolate Factory vs. Central Bank of the Philippines
Whether cocoa beans may be considered as chocolate for the purposes of
exemption from the foreign exchange tax imposed by RA No. 601 as amended. NO.
Exemption for chocolate in section 2 does not include cocoa beans. The one is
raw material, the other manufactured consumer product; the latter is ready for
human consumption; the former is not.
In August 1954 suit was brought in May 1954 Congress approved Republic Act
1197 amending section 2 by substituting "cocoa beans" for "chocolate."
President's proclamation No. 62 of September 2, 1954 issued in accordance with RA
No. 1197 specifying that said exemption (of cocoa beans) shall operate from and
after September 3, 1954 not before.

Tan, et al. vs. People

Forest Guards Panadero and Rabino intercepted a dump truck loaded of lumber,
owned by A&E Construction

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Tan and Moreno, together with Ismael Ramil was charged with violation of Section 68,
PD No. 75, as amended by EO No. 277.
Lumbar is included in the term timber. Lumber is a processed log or processed forest
raw material.
the Code uses the term lumber in its ordinary or common usage. The dictionary
defines lumber as a processed log or timber.
It is settled that in the absence of legislative intent to the contrary, words and phrases
used in a statute should be given their plain, ordinary and common usage meaning.
And insofar as possession of timber without the required legal documents is
concerned, Section 68 of PD No. 705, as amended makes no distinction between raw
or processed timber.

b. Terms with Legal Meaning

Bernardo vs. Bernardo
RP purchased from the Roman Catholic Church the estate known as Capelania de
Tambobong under CA No. 539; said act authorizes the purchase of private lands, and
that lands acquired thereunder should be subdivided into lots, for resale to their bona
fide tenants or occupants
Petitioner Enrique Bernardo allowed by respondent, out of the deference and
charity, to gratuitously occupy the lot and live therein not a bona fide tenant or
occupant
Respondent Crisostomo Bernardo entitled to preference
A bona fide occupant is one who supposes he has a good title and knows of no
adverse claim. The essence of the bona fides or good faith, therefore, lies in honest
belief in the validity of one's right, ignorance of a superior claim, and absence of
intention to over each another.
The words bona fide occupants employed in the Commonwealth Acts are NOT
equivalent to actual occupants
The old Philippine Legislature, employs the terms actual bona fide settlers and
occupants, plainly indicating that actual and bona fide are not synonymous.
The term actual was then deleted, and solely used the words bona fide
occupant, thereby emphasizing the requirement that the prospective beneficiaries
of the acts should be endowed with legitimate tenure.
c. Terms with Multiple Meaning
Manlayaon vs. Lising
The late Mayor Pontanal has a case for violation of the Anti-Graft and Corrupt
Practices Act
Municipal treasurer made a disbursement for the widoew - P5,000.00 representing a
portion of the salary of the late mayor during the period of his suspension
Dismissal of the case against the suspended officer will not suffice because dismissal
does not amount to acquittal.
Acquittal is always based on the merits, that is the defendant is acquitted because
the evidence does not show that defendant's guilt is beyond reasonable doubt
Dismissal terminates the proceeding, either because the court is not a court of
competent jurisdiction, or the evidence does not show that the offense was
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committed within the territorial jurisdiction of the court, or the complaint or

information is not valid or sufficient in form and substance, etc.
d. Doctrine of Associated Words or Noscitur a Sociis
Buenaseda vs. Flavier
Petitioners seek to nullify the order of suspension issued by the Ombudsman for
violation of Anti-Graft and Corruption practices Act
Solicitor General and petitioners claim: The authority of the Ombudsman is only to
recommend suspension and he has no direct power to suspend
The Ombudsman was granted with authority to suspend government officials and
employees, pending an investigation under Sec. 24 of RA 6770
the purpose of R.A. No. 6770 is to give the Ombudsman such powers as he may need
to perform efficiently the task committed to him by the Constitution
The word "suspension" should be given the same sense as the other words with which
it is associated. Where a particular word is equally susceptible of various meanings, its
correct construction may be made specific by considering the company of terms in
which it is found or with which it is associated.
e. Ejusdem Generis Rule
Vera vs. Cuevas
Section 169 Inscription to be placed on skimmed milk; Sec. 141 (Specific Tax) & Sec.
155 (Penalty) expressly repealed by RA 355 & 463, respectively. Thus, Section 169
became a merely declaratory provision, without a tax purpose, or a penal sanction.
Skimmed Milk - Fatty part has been removed; Filled Milk - Fatty part is removed but
substituted with refined coconut oil or corn oil or both
Sec 169 of the Tax Code does not apply to filled milk. The use of the specific and
qualifying terms "skimmed milk" in the headnote and "condensed skimmed milk" in the
text of the cited section, would restrict the scope of the general clause "all milk, in
whatever form, from which the fatty pat has been removed totally or in part."
The general clause is restricted by the specific term "skimmed milk" under the familiar
rule of ejusdem generis that general and unlimited terms are restrained and limited
by the particular terms they follow in the statute.
f.

Expressio Unius Exclusio Alterius Rule

San Pablo Mfg. Corp. vs CIR
SPMC was assessed by the CIR for deficiency 3% millers tax under Sec. 168 of the Tax
Code on its sale of crude oil to UNICHEM which the latter exports
The tax exemption applied only to the exportation of rope, coconut oil, palm oil,
copra by-products and dessicated coconuts, whether in their original state or as an
ingredient or part of any manufactured article or products, by the proprietor or
operator of the factory or by the miller himself.
Where the law enumerates the subject or condition upon which it applies, it is to be
construed as excluding from its effects all those not expressly mentioned. Expressio
unius est exclusio alterius.

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g. Casus Omissus Rule

People vs. Manatan
Guillermo Manantan, a justice of the peace, was prosecuted for violation of Sec. 54
of the Revised Election Code; aid any candidate, or exert any influence in any
manner in any election or take part therein.
Manantan argued that he is not covered by the prohibition because justice of the
peace was not mentioned. Instead of justice of the peace, they were called as
judges in Sec. 54 Revised Election Code.
Casus Omissus: a person, object or thing omitted from an enumeration must be held
to have been omitted intentionally.
Said rule has no applicability to the case at bar; the rule can operate only if and
when the omission has been clearly established.
h. Ubi Lex Non Distinguit Nec Nos Distinguere Debemos
Ramirez vs. CA
Soccoro Ramirez was scolded by Ester Garcia inside Garcias office. Ramirez taped
the conversation and later filed charges against Garcia
R.A. 4200: unlawful for any person, not being authorized by all the parties to any
private communication or spoken word, to tap any wire or cable xxx
The law makes no distinction as to whether the party sought to be penalized by the
statute ought to be a party other than or different from those involved in the private
communication.
Ubi lex non distinguit nec nos distinguere debemos. Where the law makes no
distinctions, one does not distinguish.
i.

Doctrine of Last Antecedent

Florentino vs. PNB
Marcelino Florentino and Lourdes Zandueta were indebted to PNB; PNB refused to
accept backpay acknowledgement certificate by virtue of R.A. 897
RA 897 xxx or to any citizen of the Philippines, or to any association or corporation
organized under the laws of the Philippines, who may be willing to accept the same
for such settlement. xxx
Grammatically, the clause refers only to the last antecedent; that is, "any citizen of
the Philippines or any association or corporation organized under the laws of the
Philippines; there is a comma before the words "or to any citizen, etc.," which
separates said phrase from the preceding ones.

j.

Reddendo Singula Singulis

People vs. Tamani
Teodoro Tamani was sentenced to life imprisonment for murdering Jose Siyang; He
filed a motion for reconsideration which was denied on June 29,1963
A copy of order of denial (July 9) was served by registered mail on July 13, 1963 to
Bello through his wife; He filed his notice of appeal only on September 10, 1963; 48
days from July 24
An appeal must be taken within 15 days from promulgation or notice of the judgment
or order appealed from; The word "promulgation" in section 6 should be construed as

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referring to "judgment", while the word "notice" should be construed as referring to

"order"
Reddendo singula singulis: "referring each to each; referring each phrase or
expression to its appropriate object", or "let each be put in its proper place, that is,
the words should be taken distributively."
When the order denying appellant's motion for reconsideration was served by
registered mail on July 13th on appellant's counsel, he had only 1 day within which to
file his notice of appeal and NOT 11 days. He was 58 days late not just 48.

k. Doctrine of Necessary Implication

DAR vs. PHILCOMSAT
PHILCOMSAT owned a parcel of land where PSCC is located; used for national
defense
The land was suitable for agriculture
The area, however, should be exempt from CARP coverage by virtue of P.D. No. 1845,
as amended, which declared the area to be a security zone under the jurisdiction of
the Ministry of National Defense
Every statute is understood, by implication, to contain all such provisions as may be
necessary to effectuate its object and purpose, or to make effective rights, powers,
privileges or jurisdiction which it grants, including all such collateral and subsidiary
consequences as may be fairly and logically inferred from its terms
Thus, to subject said security zone to the Comprehensive Agrarian Reform Program of
the government would negate the very purpose by which P.D. 1845, as revised by
P.D. 1848, was decreed.
l.

Verbal or Clerical Errors

Rufino Lopez & Sons vs. CTA

m. Number, Gender and Tense

Santillon vs. Miranda

n. Conjunctive and Disjunctive Words

Amon Trading Corporation vs. Court of Appeals
Tri-Realty agreed with Lines & Spaces, represented by Eleanor Bahia Sanchez for the
purchase of cement bags for P98/bag; paid P7/bag to Sanchez for facilitation, all
advanced to Sanchez
Amon Trading Corporation 6050 bags; delivered 3850 bags, the rest cancelled by
Sanchez
Juliana Marketing 6000 bags; delivered 3000 bags, the rest cancelled by Sanchez
Tri-Realty demanded a refund of the amount of undelivered bags; with news reaching
that Eleanor Sanchez had already fled abroad, Tri-Realty filed a case for sum of money
against petitioners and Lines & Spaces. Sanchez represented herself to be from Lines &
Spaces/Tri-Realty, making it appear as if it was a single entity
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The term and/or was held to mean that effect shall be given to both the conjunctive
(and) and the disjunctive (or); or that one word or the other may be taken accordingly
as one or the other will best effectuate the intended purpose
In using the term "and/or", the word "and" and the word "or" are to be used
interchangeably. BY ANALOGY, the words Lines & Spaces/Tri-Realty mean that effect
shall be given to both Lines & Spaces and Tri-Realty OR that Lines & Spaces and Tri-Realty
may be used interchangeably
Hence, petitioners were not careless when they believed Eleanor Sanchez's
representation that 'Lines & Spaces/Tri-Realty refers to just one entity; there was,
therefore, no error attributable to petitioners when they refunded the value of the
undelivered bags of cement to Lines & Spaces only.

o. Use of Shall and May

Office of the Ombudsman vs. Macabulos
Dr. Virtudes executed a complaint-affidavit charging Dr. Macabulos with dishonesty,
grave misconduct, etc.; Dr. Macabulos required her to submit dental and medical
receipts for the liquidation of cash advance amounting to P45,000 for t dental medicines
and supplies
Complaint is dismissed because it was filed after 1 year from the occurrence of the act
or omission complained of
The use of the word "may" in Section 20(5) of RA 6770 indicates that it is within the
discretion of the Ombudsman whether to conduct an investigation when a complaint is
filed after one year from the occurrence of the complained act or omission
The use of the word "may" is ordinarily construed as permissive or directory, indicating
that a matter of discretion is involved; when used in a statute, does not generally suggest
compulsion
The word "shall" is imperative, operating to impose a duty which may be enforced
Sec. 4 xxx dismissed outright for any grounds stated under Section 20 of Republic Act No.
6770, provided, however, that the dismissal thereof is not mandatory and shall be
discretionary on the part of the Ombudsman or the Deputy Ombudsman concerned
Thus, it was within the discretion of the Ombudsman whether to pursue the investigation
or dismiss the complaint.

VIII. Aids in Interpretation and Construction

8.1 Intrinsic Aids
8.1.1 Title
Central Capiz vs. Ramirez
Ramirez contracted with Central Capiz to supply of all sugarcane produced by her for a
term of 30 years, to be converted into a right in rem as an encumbrance upon the land,
binding to all future owners of the same
Ramirez refuses to push through with the contract thinking it might violate Act No.2874,
An Act to amend and compile the laws relating to lands of public domain, and for other
purposes
Section 24: No corporation...may acquire or own agricultural public land or land of any
other denomination or classification, not used for industrial or residence purposes
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More than 61% of the capital stock of petitioner is held and owned by persons who are
not citizens of the Philippine Islands or of the United States; The land involved is a private
agricultural land
Purpose of Act No. 2874 was and is to limit its application to lands of public domain and
that lands held in private ownership are not included therein and are not affected in any
manner whatsoever
The phrase "and for other purposes," found in the title of said Act (No. 2874), by virtue of
the provisions of section 3 of the Act of Congress of August 29, 1916 (the Jones Law),
cannot be interpreted to include, nor be made applicable to any lands not public

8.1.2 Preamble
People vs. Purisima
26 petitions for review were filed charging the Defendant withillegal possession of
deadly weapon in violation of PD No. 9
The accused filed motion to quash ground that the Information did not allege facts
which constitute the offense penalized by PD No. 9; in furtherance of subversion,
insurrection...
Preamble of PD No. 9: WHEREAS, subversion, rebellion, insurrection, lawless violence,
criminality, chaos and public disorder mentioned in the aforesaid Proclamation No. 1081
are committed and abetted by the use of firearms, explosives and other deadly
weapons;
A simple act of carrying any of the weapons described in the presidential decree is not a
criminal offense in itself; accused did not violate PD No. 9
The "preamble," usually introduced by the "Whereas" clause, is the key of the statute, to
open the minds of the makers as to the mischiefs which are to be remedied, and objects
which are to be accomplished, by the provisions of the statute
8.1.3 Punctuation Marks
U.S. vs. Hart
Hart, Miller, and Natividad, were caught in a gambling house and were penalized on a
charge of vagrancy under the provisions of Act No. 519: (2) every person found loitering
about saloons or dram shops or gambling houses, or tramping or straying through the
country without visible means of support
Hart operates a hotel and saloon; Miller had been engaged in the tailoring business; and
Natividad was a tailor, married, and had a house of his own; it was under the first part of
the portion of law for which they were charged with
The construction finally adopted should be based upon something more substantial than
the mere punctuation found in the printed Act
An argument based upon punctuation alone is not conclusive, and the courts will not
hesitate to change the punctuation when necessary, to give to the Act the effect
intended by the Legislature, disregarding superfluous or incorrect punctuation marks,
and inserting others where necessary; they were acquitted
8.1.4 Definition Sections and Interpretation Clauses
People vs. Buenviaje
Jovita Buenviaje was found guilty of violation of illegal practice of medicine & illegally
advertising oneself as a doctor in accordance with Section 2678 of the Administrative
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Code; She practices chiropractic although she has not secured a certificate to practice
medicine;
She treated and manipulated the head and body of Regino Noble which he pretended
to suffer; Advertised and offered her services as a physician by means of cards and
letterheads which she distributed in Manila, in which she prefixed to her name the letters
Dra.
Chiropractic is included in the practice of medicine; Statutory definition prevails over
ordinary usage of the term
Act 3111 is constitutional as the title An Act to Amend (enumeration of sections to be
amended) is sufficient and it need not include the subject matter of each section

8.1.5 Capitalization of Letters

Unabia vs. City Mayor
Severino Unabia was a foreman, Group Disposal, Office of the City Health Officer, Cebu
City; the City Mayor removed him from the service and his place was taken by Perfecto
Abellana, and latter by Pedro E. Gonzales; Petitioner sought to be reinstated but the
respondents refused
Unabia is a person in the Philippine Civil Service, specifically the unclassified service and
his removal from his position is a violation of section 694 of the Revised Administrative
Code and section 4 of Art XII of the Constitution
Respondents claims that the use of capital in the words "Civil Service" in the Constitution
and the use small letters for the "civil service" in the Revised Administrative code
indicates only those pertaining to the classified service
UNCLASSIFIED SERVICE are those positions wherein the nature of the work and
qualifications are not subject to classification
Capital "C" and "S" in the words "Civil Service" were used in the Constitution to indicate
the group. No capitals are used in the similar provisions of the Code to indicate the
system. Hence, there is no difference between the use of capitals in the constitution and
small letters in the Revised Administrative Code. Both are expressly declared to belong to
the Civil Service; hence the same rights and privileges should be accorded to both
Petitioner was dismissed and since he did not petition for mandamus for his reinstatement
within a year, he is deemed to have abandoned his right to his former position and is not
entitled to reinstatement therein by mandamus
8.2 Extrinsic Aids
Legislative History Prior to Enactment
8.2.1 Contemporaneous Circumstance
Philippine Sugar Central Agency vs. Collector of Customs
Petitioner acts as agency and attorney-in-fact of Ma-ao Sugar Central Co. shipped
5,124,416 gross kilos of centrifugal sugar to US in a wharf on Pulapandan, Occidental
Negros on steamship Hannover a privately owned wharf
Collector of Customs assessed and collected wharfage dues on sugar at P2 per
thousand gross kilos or a total amount of P10,248.84; plaintiff paid, under protest trial
court ordered refund
The said duty charge is exclusive to the use of wharfage and not on any other harbor
dues that the exporter would accumulate including duty of tonnage
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Duty of tonnage means is a duty tax or burden imposed under the authority of the state,
which is, by the law imposing it, to be measured by the capacity of the vessel, and is in its
essence contribution claimed for the privilege of arriving and departing from a port
The Government can be allowed to collect because not to do so would overthrow and
destroy the whole system of the Government, in and by which millions of pesos have
been levied and collected and expended in the construction of Government wharves,
and it would have defeated the construction of the Government wharf at Pulapandan
Following the Contemporaneous Circumstance construction what is the intention of the
lawmakers historically, wharves not owned nor operated by government cannot be
taxed or levied upon
Technically the meaning of such is a charge or rent for the use of wharf but then again
according to the High Court the meaning of the term is for the construction of wharfs
because there are no wharfs existing at the enactment of such statute and after such
enactment the wharfs have been constructed left and right

8.2.2 Policy
Sarcos vs. Castillo
Gov. Castillo ordered preventive suspension of Mayor Barobo for misconduct and
dishonesty set aside. The power of preventive suspension is not lodged in the provincial
governor
The purpose of the Decentralization Act of 1967 was ascertained using the policy of law
To transform local governments gradually into effective instruments through which the
people can in a most genuine fashion, govern themselves and work out their own
destinies."
In consonance with such policy, its purpose is "to grant to local governments greater
freedom and ampler means to respond to the needs of their people and promote their
prosperity and happiness and to effect a more equitable and systematic distribution of
governmental powers and resources."
Policy of law should be given effect by the judiciary. One way to accomplish this
mandate is to give a statute of doubtful meaning, a construction that will promote public
policy
8.2.3 Legislative History of Statute
Oliva vs. Lamadrid
Laureano Oliva owns a parcel of land mortgaged to a bank defaulted foreclosed
Sold on February 4, 1961 Oliva given 2 years to redeem did not redeem within 2 years
Prior to May 31, 1963, he offered to repurchase the property but the offer was turned
down.
He claimed that, as holder of a free patent and a torrens title, he is entitled to redeem
the property within five (5) years from the date of the auction sale, pursuant to Section
119 of CA No. 141
Defendants alleged that the right of redemption expired on February 4, 1963, under the
provisions of Sec 6 of RA No. 720, as amended by RA No. 2670, which, they maintain, is
controlling.
The legislative history of the bills which later became said RA No. 2670, amending RA No.
720, shows that the original proposal was to give homesteaders or free patent holders a
period of 10 years within which to redeem their property foreclosed by rural banks;
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Consequently, the proposal was given up, with the specific intent and understanding
that homesteaders or holders of free patent would retain the right to redeem within five
(5) years from the conveyance of their properties, as provided in the general law, that is
to say the Public Land Act, or Commonwealth Act No. 141.

8.2.4 Contemporaneous and Practical Construction

Nestle Philippines vs. Court of Appeals

IX. Construction of a Statute as a Whole, its Part, and Other Statutes

Aboitiz Shipping Corporation vs. City of Cebu

Mayor of Cebu approved Ordinance No. 207; Sec.17(w) To fix the charges to be paid by all
watercrafts landing at or using public wharves, docks, levees, or landing places.
Aboitiz paid under protest; filed with CFI of Manila to declare the ordinance void, for the
wharves were owned by the National Government dismissed, no distinction between those
owned by the National Government and those owned by the City of Cebu
The word "public" does not refer to its ownership, it denotes rather the nature of its use. Thus
public wharves are those used generally by the public, free of charge or for compensation
The right to collect the wharfage belongs to the National Government
Legislative intent must be ascertained from a consideration of the statute as a whole and not
of an isolated part or a particular provision alone. For taken in the abstract, a word or phrase
might easily convey a meaning quite different from the one actually intended and evident
when the word or phrase is considered with those with which it is associated.
Sec.17(v) to provide for the construction and maintenance of public wharves... Under
subsection W, there is clearly no distinction between public wharves owned by the National
Government and those owned by the city itself. However, the immediately preceding
subsection V impliedly establishes such a distinction.

Magtajas and City of Cagayan de Oro vs. Pryce Properties Corporation

PAGCOR decided to expand its operations to Cagayan de Oro City; it leased apportion of a
building belonging to Pryce Properties Corporation, Inc.
Civic organizations angrily denounced the project for it violates City Ordinance No. 3353
prohibiting the use of buildings for the operation of a casino and Ordinance No. 3375-93
prohibiting the operation of casinos
Respondents invoke P.D. 1869 which created PAGCOR to help centralize and regulate all
games of chance, including casinos on land and sea within the territorial jurisdiction of the
Philippines
Cagayan is empowered to enact ordinances under LGC; Expressly vested with the police
power under what is known as the General Welfare Clause now embodied in Sec. 16
There is a requirement that the ordinances should not contravene a statute. Municipal
governments are only agents of the national government.
Casino gambling is authorized by P.D. 1869. This decree has the status of a statute that
cannot be amended or nullified by a mere ordinance

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Laguna Lake Development Authority vs. Court of Appeals

RA 4850 created the Laguna Lake Development Authority, it was amended by PD 813 & EO
927
Sec. 2 of EO 927: LLDA shall have exclusive jurisdiction to issue permit for the use of all
surface water for any projects or activities in or affecting the said region...
Then came the LGC of 1991 (RA 7160) which contained provisions which granted fishing
privileges and which the municipal governments took advantage of to issue fishpen permits
LLDA served notice stating that violation of RA 4850 carries a penalty of imprisonment;
fishpen owners prayed for a TRO, which was granted
Who has jurisdiction, LLDA or local towns and municipalities? LLDA, no repeal of RA 4850 by
LGC; LGC is a general law, RA 4850 is a special law
It is a well-settled rule in this jurisdiction that a special statute, provided for a particular case
or class of cases, is not repealed by a subsequent statute, general in its terms, provisions and
application, unless the intent to repeal or alter is manifest, although the terms of the general
law are broad enough to include the cases embraced in the special law

National Tobacco Administration vs. COA

EO 116, as amended by EO 245 created NTA; Congress passed RA 6758, entitled An Act
Prescribing a Revised Compensation and Position Classification in the Government and for
Other Purposes; DBM issued Corporate Compensation Circular No. 10 (CCC No. 10) to serve
as the IRR
Prior to RA 6758, employees of NTA have been receiving amelioration benefit which was
later changed to educational assistance ; Dalisay Aracan, Auditor of NTA, issued a Notice of
Disallowance of the payment of the educational assistance
Petitioners appealed, COA, however, ruled that the educational assistance is not among
those allowances mentioned in Sub-pars. 5.4 and 5.5 of CCC No. 10, the same shall be
discontinued
WON the social amelioration or educational assistance benefit given to the individual
petitioners prior to enactment of R.A. 6758 is authorized under the law. YES
Sec. 12 of RA 6758: all allowances are integrated into the prescribed salary rates, except xxx
(7) such other additional compensation not otherwise specified in Section 12 as may be
determined by the DBMxxx the enumerated fringe benefits are in the nature of allowance
Under the aforesaid catch-all proviso, the legislative intent is just to include the fringe
benefits which are in the nature of allowances
Sub-paragraph
5.4
of
IRR enumerates the allowance/fringe benefits which
are not integrated into the basic salary and which may be continued
Sub-paragraph 5.5 of IRR provides for the other allowances/fringe benefits not likewise
integrated into the basic salary and allowed to be continued
financial assistance reimbursement is not necessary, allowance reimbursement is
required; the benefits mentioned in the first sentence of Section 12 and sub-paragraphs 5.4
and 5.5 of CCC No. 10 are entirely different from the benefit in dispute, denominated as
Educational Assistance
Cardinal is the rule in statutory construction that 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 a harmonious whole; conflicting provisions should be reconciled and harmonized, if
at all possible

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Co vs. Civil Register of Manila

Co Boon Peng and Lourdes Tan are Chinese citizens; Boon Peng filed for naturalization under
LOI 270, it was granted and he was conferred under PD 1055
Siblings Hubert Co and Arlene Co filed a case for correction of entries in their certificates of
birth, correcting and changing the entries as to the citizenship of their father from Chinese
to Filipino
The court dismissed the petition on the ground that their father applied under LOI 270 and
not under CA 473;
LOI 270 and CA 473 were designed to grant citizenship to deserving aliens; hence, should be
construed together pari materia rule; while they provide for different procedures, CA No.
473 governs naturalization by judicial decree while LOI No. 270 governs naturalization by
presidential decree; both statutes have the same purpose and objective
Statutes in pari materia should be read and construed together because enactments of the
same legislature on the same subject are supposed to form part of one uniform system
The said provision should be read into the latter law as an integral part thereof, not being
inconsistent with its purpose
To correct simply means to make or set a right; to remove the faults or error from; to
change means to replace something with something else of the same kind or with
something that serves as a substitute

X. Strict and Liberal Construction: Mandatory and Directory

People vs. Terrado

In 1951 & 1952, Obo, Gundran, & Terrado applied for, and were issued free patents for
contiguous parcels of land in Camarines Sur; said land were allegedly forest land hence, not
disposable
In 1962, three separate informations for falsification of public document were filed under Art.
171 of the RPC; lands of the public domain is also punishable as perjury under Sec. 129 of CA
141
Appellees claim that the crime has already prescribed according to Public Act No. 3326, as
amended by Act 3585 and Act 3763
Under RPC, perjury is correccional and prescribes in 10 years; perjury is punishable by
imprisonment of 4 months to 2 years and 4 months, and prescribes after eight years under PA
3326
The 8 year prescriptive period should be applied; Penal statutes, substantive and remedial or
procedural are, by consecrated rule, to be strictly applied against the government and
liberally in favor of the accused

Bermudez vs. Executive Secretary Torres

Oscar Bermudez was a recomendee of Sec. of Justice for the position of Provincial
Prosecutor; Private respondent Atty. Conrado Quiaoit was appointed by Pres. Ramos to the
office
Quiaoit took his oath and assumed office; Bermudez refused to vacate the Office of the
Provincial Prosecutor and challenged the appointment of Quiaoit on the ground that the

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appointment lacks the recommendation of the Sec. Of Justice prescribed under the Revised
Admin Code of 1987
Petitioners contend that an appointment of a provincial prosecutor mandatorily requires a
prior recommendation of the Secretary of Justice
There is no hard-and-fast rule in ascertaining whether the language in a statute should be
considered mandatory or directory, for each must be determined on the basis of the specific
law in issue and the peculiar circumstances attendant to it; case-to-case basis
The nature, structure and aim of the law itself is often resorted to in looking at the legislative
intent
Generally, it is said that if no consequential rights or liabilities depend on it and no injury can
result from ignoring it, and that the purpose of the legislature can be accomplished in a
manner other than that prescribed when substantially the same results can be obtained,
then the statute should be regarded merely as directory, rather than as mandatory, in
character
The power to appoint is, in essence, discretionary; the appointing authority has the right of
choice which he may exercise freely according to his judgment, deciding for himself who is
best qualified among those who have the necessary qualifications and eligibilities
The President, being the head of the Executive Department, could very well disregard or do
away with the action of the departments, bureaus or offices even in the exercise of
discretionary authority, and in so opting, he cannot be said as having acted beyond the
scope of his authority

XI. The Statute and the Constitution

Nitafan vs. CIR

Petitioners (Judges) seek to enjoin CIR from making deduction of withholding taxes from their
salaries
Petitioners contend that any tax withheld from their emoluments or compensation as
judicial officers constitutes a decrease or diminution of their salaries, contrary to the provision
the 1987 Constitution mandating that during their continuance in office, their salary shall not
be decreased
The court looked into the intent of the framers of the Constitution; the primary task in
constitutional construction is to ascertain and thereafter assure the realization of the purpose
of the framers and of the people in the adoption of the Constitution
The intent was to delete the proposed express grant of exemption from payment of income
tax to members of the Judiciary, so as to give substance to equality among the branches of
Government
Commissioner Bernas also said that the salaries of members of the Judiciary would be
subject to the general income tax applied to all taxpayers

People vs. Muoz

11 persons, most of them bodyguards of the town Mayor, were charged with murder of
killing innocent farmers and not cattle rustlers they were claimed to be; 4 were found guilty

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The killing occurred in Pangasinan where 3 Bulataos died, each of which constitutes crime of
murder qualified with treachery; penalty for murder, under Art 248 of the RPC, was RT max to
death
Sec 19 of the 1987 Constitution does not expressly declared the abolition of the death
penalty; does not change the periods of the penalty prescribed by that of the RPC except
only insofar as it prohibits the imposition of the death penalty and reduces it to reclusion
perpetua
SC was not persuaded that it was the intention of the framers to lower not only the maximum
period but also the other periods of the original penalty; Thus, the applicable sentence
imposed on all the accused for the murder committed in conspiracy with others is reclusion
temporal in its medium period to reclusion perpetua

Ordillo vs. Comelec

A plebiscite was held pursuant to RA 6766 (Organic Act creating the CAR) with the votes of
the people in the provinces of Benguet, Mountain Province, Kalinga-Apayao, Ifugao, Abra
and the city of Baguio
Only Ifugao managed to get a majority vote; Resolutions and memorandum from the
COMELEC and the Secretary of Justice states that only provinces voting favorably in the
plebiscite shall constitute the region
Art. X, Sec. 15 of the 1987 Constitution explicitly provides that there shall be created
autonomous regions xxx consisting of provinces, cities, municipalities and geographical areas
xxx From this, it can be derived that the term region used in its ordinary sense means two
or more provinces.
The provisions of RA 6766 also show that the Congress never intended that a single province
may constitute the Autonomous Region
To become part of a region, it must join other provinces, cities, municipalities, and
geographical areas; it joins other units because of their common and distinctive historical
and cultural heritage, economic and social structures and other relevant characteristics
The well-established rule in statutory construction that the language of the Constitution, as
much as possible should be understood in the sense it has in common use and that the
words used in constitutional provisions are to be given their ordinary meaning except where
technical terms are employed, must then, be applied in this case

Calderon vs. Carale

RA 6715 (Herrera-Veloso Law), amending the Labor Code was approved, it provides in Sec
13 that The Chairman, the Division Presiding Commissioners and other Commissioners shall all
be appointed by the President, subject to confirmation by the Commission on Appointments
Pres Aquino issued permanent appointments to the Chairman and Commissioners of the
NLRC without confirmation from the Commission on Appointments; Calderon, thus, filed a
petition for prohibition questioning the constitutionality and legality of the permanent
appointments
RA 6715 transgresses Section 16, Article VII by expanding the confirmation powers of the
Commission on Appointments WITHOUT constitutional basis
Had it been the intention to ALLOW Congress to expand the list of officers whose
appointments must be confirmed by the Commission on Appointments, the Constitution
would have said so by adding the phrase "and other officers required by law" at the end of
the first sentence, OR the phrase, "with the consent of the Commission on Appointments" at

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the end of the second sentence

It is the duty of the Court to apply the 1987 Constitution in accordance with what it says and
not in accordance with how the legislature or the executive would want it interpreted
Confirmation by the Commission on Appointments is required ONLY for the 1st group: heads
of the executive departments, ambassadors, other public ministers and consuls, officers of
the armed forces from the rank of colonel or naval captain; and 2nd group: other officers
whose appointments are vested in him in this Constitution
NLRC falls under the 3rd group of appointees: Those whom the president may be authorized
by law to appoint

Manila Prince Hotel vs. GSIS

GSIS decided to sell through public bidding, 30%-51% shares of Manila Hotel Corporation,
Manila Prince Hotel Corporation offered to buy 51% of MHC or 15,300,000 shares at P41.58
per share; Renong Berhad, a Malaysian firm, bid for the same number of shares at P44.00 per
share
Manila Prince Hotel sent a letter to the GSIS matching the bid price of P44 per share. They
also sent a manager's check to GSIS as Bid Security to match the bid, however, GSIS refused
to accept
The Filipino First Policy (Sec. 10 Second Par Art. XII) means that qualified Filipinos shall be
preferred; 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 selfexecuting
The term "qualified Filipinos" means that preference shall be given to those citizens who
make a viable contribution to the common good, because of credible competence and
efficiency
MHC is a hotel that played and continues to play significant role as an authentic repository
of 20th Century Philippine history and culture, thus, it is to be considered as part of our
national patrimony
51% of the MHC cannot be disassociated from the hotel and the land on which the hotel
edifice stands
The GSIS, in choosing, are mandated to abide by the dictates of the 1987 Constitution the
provisions of which are presumed to be known to all the bidders and other interested parties
Since the Filipino corporation was able to match the bid of the foreign firm, it must be
awarded to the said corporation if we are to give life and meaning to the Filipino First Policy
provision

That in all things, God may be glorified!

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