Beruflich Dokumente
Kultur Dokumente
SESSION 3
STARE DECISIS, RES JUDICATA, LAW OF THE CASE
STARE DECISIS
Principle: Like cases ought to be decided alike.
A conclusion or judgment reached in one case
should be applied to those that follow if the facts
are substantially the same, even if the parties
may be different.
It is a rule of precedent.
A guarantee that the system, how judges make
their decisions, works in certain manner.
The judgment referred to in this principle is that
of the Supreme Court.
Sir Molos Diagram
RES JUDICATA
Cases judicially determined are conclusively
settled by judgment and may not be litigated in a
subsequent action between the substantially
identical parties, regardless of the form it may
take.
Substantially identical:
Cause of Action
Law
Right
Damage
Parties
Facts
Case: Veloso v CA
FACTS: Petitioners and respondents are relatives fighting
over a land inherited from their great grandmother. The
title of the land was previously granted to the
SESSION 4
PARTS OF A DECISION
Ponente - Justice writing the majority opinion
Syllabus Not a part of the actual decision;
provides the summary of the discussion in topical
order.
According to the case of Velarde v Social Justice
Society, the parts of the case are:
Statement of the Case legal definition
of the nature of the action; describes
the specific charge and the plea of the
accused; It also includes a short
description of the proceedings
4 Cs - CLEAR, CONCISE,
COMPLETE AND CORRECT
Test of COMPLETENESS
Parties should know
come to know their
rights
How to execute the
decision
No need for another
proceeding to dispose
of the issues
Should be terminated
according to proper
relief
Obiter Dictum An opinion expressed by a court
upon some question of law which is not
necessary to the decision of the case before it. It
is a remark, by the way; it is not binding as a
precedent. (Agpalo)
Separate Opinions (Concurring and Dissenting)
Opinions written by the other justices of the
court which deviates partly or wholly from the
majority opinion. They may serve as guide in
deciding future cases.
SESSION 5
TESTING, TESTING
1. GOBITIS TEST
(from the case of Minersville School v Gobitis)
FACTS: Minor plaintiffs were prevented from attending
school because of their refusal to salute the national flag.
The children Jehovahs Witnesses and were raised to
believe that to salute the national flag was forbidden by
command of scripture.
HELD: SC ruled that religious freedom was not infringed
when the school required that students salute and
respect the flag.
TEST:
1.
2.
2. BARNETTE TEST
(from the case of West Virginia State v Barnette)
FACTS: The Board of Education required that teachers and
pupils salute and honor the nation represented by the flag
AND that refusal is considered insubordination which shall
be dealt with expulsion.
HELD: Free Speech cannot be subordinated by the State
Interest.
3. BRANDENBURG TEST
- where such advocacy is directed to inciting or producing
imminent lawless action, it may be regulated by the State.
4. MORSE TEST (School Speech Test)
in this case, the Court held that First Amendment Right
(to free speech) does not apply to school
1. Materially disruptive speech
2. The speech is against school interest
Brought to you by: Kaye De Chavez
SESSION 6
FOUNDATIONS OF OUR LEGAL SYSTEM
Tripartite system of Government
o
o
Power to Construe
o AGPALO: A condition sine qua non before
the court may construe or interpret a
statute, is that there be doubt or ambiguity
in its language. The province of construction
lies wholly within the domain of ambiguity.
Where there is no ambiguity in the words of
a statute, there is no room for construction.
A statute is ambiguous when it is
capable of being understood by
reasonably well-informed persons
in either of two senses.
Where the law is free from
ambiguity, the court may not
introduce exceptions or conditions
where none is provided.
A meaning that does not appear
nor is intended or reflected in the
very language of the statute cannot
be placed therein be construction.
Where the two statutes that apply
to a particular case, that which was
specifically designed for the said
case must prevail over the other.
When the SC has laid down a
principle of law as applicable to a
certain state of facts, it will adhere
to that principle and apply it to all
future cases where the facts are
substantially the same.
Judicial rulings have no retroactive
effect.
The court may issue guidelines in
applying the statute, not to enlarge
or restrict it but to clearly delineate
what the law requires. This is not
judicial legislation but an act to
define what the law is.
Limitations to Construction
o Court may not construe when there is no
ambiguity
o Courts may not enlarge nor restrict statutes.
o Courts may not be influenced by questions
of wisdom.
CASES:
Endencia v David
Pastor M. Endencia and Fernando Jugo, plaintiffs and
appellees vs. Saturnino David, defendant and appellant
FACTS:
Separation of Powers:
Hamdan v Rumsfeld
Facts of the Case:
Salim Ahmed Hamdan, Osama bin Laden's
former chauffeur, was captured by Afghani forces and
Boumediene v Bush
Facts of the Case:
In 2002 Lakhdar Boumediene and five other
Algerian natives were seized by Bosnian police when U.S.
intelligence officers suspected their involvement in a plot
to attack the U.S. embassy there. The U.S. government
classified the men as enemy combatants in the war on
2.
3.
4.
Conclusion:
A five-justice majority answered yes to each of
these questions. The opinion, written by Justice Anthony
Kennedy, stated that if the MCA is considered valid its
legislative history requires that the detainees' cases be
dismissed. However, the Court went on to state that
because the procedures laid out in the Detainee
Treatment Act are not adequate substitutes for the
habeas writ, the MCA operates as an unconstitutional
suspension of that writ. The detainees were not barred
from seeking habeas or invoking the Suspension Clause
merely because they had been designated as enemy
combatants or held at Guantanamo Bay. The Court
reversed the D.C. Circuit's ruling and found in favor of the
detainees. Justice David H. Souter concurred in the
judgment. Chief Justice John G. Roberts and Justice
Antonin Scalia filed separate dissenting opinions.
SESSION 7
PRESUMPTION OF CONSTITUTIONALITY
Presumption of Constitutionality
o All laws are presumed valid and
constitutional unless clear proof is
presented to the contrary stems
from the presumption of regularity of
the functions performed by the
legislature
When Laws take effect
o 15 days after publication in 2
newspapers of general circulation or in
the official gazette
o Administrative agencies also need to file
3 copies with the UP law center
Repeal - Laws are presumed to be valid until repealed
(express, implied, sunset provision.) Repeal will result in
revocation of legal effect and existence of law.
Computation of time time span in days count calendar
days not working days
o A week 7 consecutive days, A day 24
hours, a year 365 days
CASES:
Morfe v Mutuc (c/o Roe Anuncios digest)
Facts:
The Congress enacted the Anti-Graft and Corrupt
Practices Act which aimed to prevent public officials and
employees from committing acts of dishonesty and foster
morality in public service.
The Act provides for certain procedures in the
pursuit of its goal, one of which is the declaration of the
officials or employees assets and liabilities through a
true detailed and sworn statement upon assumption of
office and within the month of January of every other
year thereafter.
Herein petitioner, as a government official, filed
a petition challenging the constitutionality of the said
provision. The lower court ruled in favor of the petitioner,
declaring the provision unconstitutional.
Herein defendant appealed.
Arguments:
Plaintiff: The provision as a requirement is oppressive and
unconstitutional.
Facts:
1.
2.
3.
4.
5.
6.
7.
8.
SESSION 8
A CONSTITUTION
Constitution defined:
A constitution is a fundamental law which sets
up a form of government and defines and delimits the
powers thereof and those of its officers, reserving to the
people themselves plenary sovereignty. (Legaspi v.
Ministry of Finance)
Purpose
prescribes the permanent framework of a system
of government
RULES OF CONSTRUCTION
Text Matters
Starting point: actual text. Why? Because what
the people ratified is the text itself and not the
interpretation or theory
1.
2.
3.
*Nitafan v. CIR
*Filoteo v. Sandiganbayan
Language
The primary source from which to ascertain
constitutional intent or purpose is the language
of the constitution itself.
The presumption is that the words in which the
constitutional provisions are couched express the
objective sought to be attained. (J.M. Tuason &
Co., Inc v. Land Tenure Administration)
It is the peoples document so the language must
be understood in its most common sense except
in cases where technical terms are employed.
J.M. Tuason & Co., Inc. vs. Land Tenure Administration
Doctrine: The Living Constitution Theory which describes
that the Constitution must be construed as enduring for
ages. It embodies not only rules for the passing hour, but
principles for an expanding future as well. Hence, words
employed therein are not to be construed to yield fixed
and rigid answers. It should be flexible and
accommodative enough to meet adequately whatever
problems the future has in store.
*The textual/originalist approach, is where the text of the
Constitution is interpreted according to the clear and
ordinary meaning of its words. The text itself must first
be ambiguous or vague before construction is to be
applied.
SESSION 9
10
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SESSION 10
STATUTORY CONSTRUCTION
Definition and Concept
Construction is the art or process of discovering
and expounding the meaning and intention of
the authors of the law, where that intention is
rendered doubtful by reason of the ambiguity in
its language or of the fact that the given case is
not explicitly provided for by law. (Caltex, Inc. V.
Palomar)
Interpretation is the art of finding the true
meaning and sense of any form of words, while
construction is the process of drawing
warranted conclusions not always included in
AIDS TO CONSTRUCTION
A. In General
1. Concept: where the meaning of a statute is
ambiguous, courts avail of legitimate aids to
construction to ascertain the true intent of a
statute.
2.
Title
Serves as aid in its language
May indicate the legislative intent/will to
extend or restrict the scope of the law
c. Carries more weight in this jurisdiction because
of the presence of the constitutional
requirement that every bill shall embrace only
one subject which shall be expressed in the title
thereof
d. When NOT TO USE: When text of the statute is
clear and free from doubt
i. Title may be used to remove BUT NOT
CREATE doubt or uncertainty
a.
b.
CASE
Ebarle v. Sucaldito
Issue: whether EO 264 entitled Outlining the
procedure by which complaints charging government
officials and employees which commission of
irregularities should be guided applies to criminal
actions, to the end that no preliminary investigation
thereof can be undertaken or information filed in
court unless there is previous compliance with said EO.
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Preamble
Part of the statute written immediately after its
title which states the purpose, reason or
justification for the enactment of the law
b. The WHEREAS clauses
c. Generally omitted in statutes passed by
Philippine Commission, the Philippine
Legislature, the National Assembly, the
Congress of the Philippines, and the Batasang
Pambansa
i. Instead: they used explanatory notes
d. Used extensively in PDs
e. Preamble is not an essential part of a statute
i. Where the meaning of a statute is CLEAR
and UNAMBIGUOUS, the preamble can
neither expand nor restrict its operation
ii. Neither can it be used for giving a statute an
unapparent meaning
f. However, it may be resorted to clarify ambiguity
i. It is referred to as the key of the statute: to
open the minds of the lawmakers as to the
purpose to be achieved by the statute
g. Sets out intent and thus, may restrict what
otherwise appears to be a broad scope of a law
h. May express the legislative intent to make a law
apply retroactively
a.
CASE
People vs. Purisima
Person was charged with violation of PD 9, which
penalizes the carrying outside of ones resident, any
bladed, blunt or pointed weapon not used as a necessary
tool or implement for livelihood
Issue: whether the carrying of such weapon should be in
furtherance of, or in relation to, subversion, rebellion,
insurrection, lawless violence, criminality, chaos or public
disorder, as a necessary element of the crime.
Held: Although there was no express mention of
motivation as an element of the crime, pursuant to the
a.
b.
8.
9.
6.
7.
Punctuation marks
a. Semi-colon: indicates separation in the
relation of the thought, a degree greater
than that expressed by a comma
i. What follows a semi-colon must have
a relation to the same matter which
precedes it
b. Comma and semi colon both divide
sentences and part sentences: do not
introduce new ideas
c. Period indicates the end of a sentence
d. Rule in using punctuation marks in
statcon: not controlling over intelligible
meaning of written words
i. Only to used when the latter is
ambiguous
ii. Argument based upon punctuation
alone is not persuasive
Capitalization of Letters
a. Considered an aid of low degree in
statcon
b. Example:
i. Case where it was contended that
employees in the unclassified service of
the government are not entitled to
security of tenure guaranteed by the
Constitution because of the use of the
capital letters in the words Civil
Service and civil service in the Civil
Service Act indicate that only those
pertaining to classified service are
protected by the constitutional
provision
ii. COURT HELD that there was no
difference
Lingual Text
Philippine laws are officially promulgated in
English, Spanish or Filipino or either in 2 such
languages
b. Language in which it is written prevails over its
transaction
i. RPC originally in Spanish so Spanish over
English text
c. Admin Code though: English text shall control
unless otherwise specially provided
a.
12. Dictionaries
a. Where a statute does not define the words or
phrases, nor does its purpose or the context,
the courts may consult dictionaries, legal,
scientific or general
Headnotes or epigraphs
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b.
c.
1.
4. Explanatory Note
a. Short exposition or explanation accompanying a
proposed legislation by its author or proponent
b. Reasons or purpose of the bill
5. Legislative debates, views and deliberations
a. Views of legislators during deliberations of a bill
as to bills purpose, meaning or effect are not
controlling in the interpretation of the law
b. Opinion of one might not be opinion of all
CASE
Song Kiat Chocolate Factory v Central Bank
Main issue is whether cocoa beans may be considered as
chocolate for the purpose of exemption from foreign
exchanged tax imposed by RA 601. Court held that
exemption for chocolate in the above section 2 does
not include cocoa beans one is raw material, the other
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b.
WON the letter is a valid notice as mentioned in Art 1623?
No, notification should come from the vendor, not the
vendee.
c.
The Court argued that Art 1623 clearly requires that the
notification should come from the vendor or prospective
vendor and not from any other person. There is no room
for construction. The difference between art 1623 of the
New CC and Art 1524 of the old CC is that the latter did
not specify who must five notice whereas the former and
the present article expressly says that the notice must be
given by the vendor.
C. Contemporary Construction
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1. Concept:
a. Constructions placed upon statutes at the time
of, or after, their enactment by the executive,
legislature or judicial authorities, as well as by
those who, because of their involvement in the
process of legislation, are knowledgeable of the
intent and purpose of the law, such as
draftsmen and bill sponsors.
b. Invaluable aid: strongest in the law
2. Executive Construction
a. Construction placed upon a statute by an
executive or administrative officer called upon
to execute or administer such statute
b. Such officials generally are the very first officials
to interpret the law, preparatory to its
enforcement
c. 3 types
i. by an executive or administrative officer
directly called to implement law: express
or implied, circular
ii. by Secretary of Justice in his capacity as
the chief legal adviser of the government:
opinions
1. president may modify, alter or reverse this
CASE
Nestle Philippines, Inc v CA
Petitioners claim that issuance of additional capital stock
of a corporation sold or distributed by it among its own
stockholder exclusively, where no commission or
remuneration is paid or given directly or indirectly in
connection with the sale or distribution of such increased
capital stock is exempt from registration requirement.
Nestle alleges that that increased capital stock in said
provision should be interpreted as distribution of an
increased authorized capital stock or the issuance of
unissued capital stock.
SEC and CA ruled that the proposed issuance does not fall
in Sec 6 (a) 4 and that this provision is applicable only to
increase in authorized capital stock of a corporation.
Should the SEC definition be upheld? Yes.
The Court stressed the principle of contemporaneous
construction where the construction given to a stature by
an administrative agency charged with interpretation and
application of that statute should be entitled respect and
accorded great weight by the court unless such
construction is in conflict with the governing statute or to
the Constitution.
The rationale for the rule relates not only to the
mergence of the multifarious needs of a modern or
modernizing society and the establishment of diverse
administrative agencies for addressing and satisfying
those needs; it also relates to the accumulation of
experience and growth of specialized capabilities by the
administrative agency charged with implementing a
particular statute. The court stressed that executive
officials are presumed to have familiarized themselves
with all the considerations pertinent to the meaning and
purpose of the law.
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CASE
Philippine Scout Veterans v NLRC
Petitioner assails that private respondent was not entitled
to retirement pay since there was no company policy
which provided for nor any collective bargaining
agreement granting it. Respondent assails that the labor
code authorize the payment of retirement pay in absence
of provision thereof. RA 7641, an amendment to the labor
code entitling for retirement pay was passed years after
the retirement of private respondent. Court held that
private respondent was not entitled to retirement pay
due to lack of consensual and statutory basis of the grant.
RA 7641 cannot be applied since he retired prior to its
enactment. It is the rule of statutory construction that all
statutes are to be construed as having only a prospective
operation unless the purpose of Legislature to give them
retrospective effect is expressly declared/ necessarily
implied from language used.
D. Statutory Directives
1. RA 6938, sec. 126 (1990): AN ACT TO ORDAIN A
COOPERATIVE CODE OF THE PHILIPPINES
Art. 126. Interpretation and Construction. - In case of
doubt as to the meaning of any provision of this Code
or the regulations issued in pursuance thereof, the
same shall be resolved liberally in favor of the
cooperatives and their members.
2.
a.
2.
CASE
Valderama v. NLRC
Saavedra was terminated allegedly due to redindancy but
the Court ruled that it was actually due to pregnancy.
Officers refuse to pay liabilities alleging that the
corporation is solely liable.
WON the decision, after it had become final and
executory, may still be changed to include officers of
COMMODEX among parties liable to Saavedra YES
The rule that once a judgment becomes final and
executor it can no longer be disturbed, altered or
modified is not an inflexible one. It admits of exceptions,
as where the facts and circumstances transpire after a
judgment has become final which render its execution
impossible or unjust.
In such a case, interested party may cause for its
modification to harmonize it with justice and facts.
It is well settled that to get the true intent and meaning of
the decision, no specific portion thereof should be resorted
to but the same must be considered in its entirety.
INTERPRETATION OF WORDS AND PHRASES
A. In General
1. Concept:
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3.
CASE
Mataguina Integrated Wood Products, Inc vs. CA
Mataguina establishes sole proprietorship and later
incorporates MIWPI. She incurred liability under activities
performed of her sole proprietorship business. Shall the
obligation be transferred onto MIWPI?
RESPONDENTS cite to establish succession of liability:
Sec 61 PD 705: the transferee shall assume all the
obligations of the transferor
But: must look to the spirit of the law and intent of
legislature and not the letter of the law
In construing statues, the terms used therein are
GENERALLY to be given their ordinary meaning i.e. such
meaning ascribed to them when they are commonly used
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finds that the evidence does not show the guilt of the
accused is beyond reasonable doubt.
- An acquittal is based on the merits of the case. But a
dismissal does not decide on the merits of the case or
that the defendant is not guilty. Dismissal terminates the
proceeding either because the court is not of competent
jurisdiction or the offense committed is outside its
jurisdiction or the complaint is not valid.
Brought to you by: Mica Pea
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ASSOCIATED WORDS
In general:
- The meaning of words and phrases in a statute
depends upon what the legislature intended.
- The task of statutory construction primarily
involves ascertaining of legislative intent,
secondarily, construction from extraneous and
relevant circumstances.
- Legislative definition of the word and phrases in
the law itself or previous judicial construction
should also be considered in the interpretation.
1. Noscitur a sociis
Key: construe words based on their usage in the statute
as a whole
Where a particular word or phrase is ambiguous in itself
and is equally susceptible of various meanings, its correct
transaction may be made clear and specific by considering
the company of words which it is associated. (Aisporna
vs. CA)
- (Agpalo) When the law does not define the word,
it is to be construed as having similar meaning to
that of the words associated with or
accompanied by it
- Thus, if in the law, the words associated with the
word in question is construed generally or
technically, the latter will be interpreted similarly
- (Sir Molo) find a unifying element in the statute
and apply that element to the word in question
- The construction is RESTRICTIVE as the
interpretation is ONLY based on the contents of
the statute
Illustration:
Aisporna vs. CA
F: Aisporna (A) is an insurance agent. His wife (W)
solicited an insurance application from a client. W is
accused of violating the insurance law that agents have to
register first before doing acts of an insurance agent (but
without compensation).
H: The word agent must be construed in relation to the
words associated with it in the entire provision. In this
case, para 1 of sec 189 talks about the prohibition against
unregistered persons conducting acts reserved only for
registered agents (the lower court ONLY used this part in
convicting W). Para 3 talks about the penalty. But para 2
defines what an insurance agent is and states that the
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2. Ejusdem Generis
Key: Enumeration + catch all provision
Where a general word or phrase (i.e. catch-all word)
follows an enumeration of particular and specific words of
the same class, or where the latter follows the former, the
general word or phrase is to be construed to include or to
be restricted to persons, things or cases akin to,
resembling, or of the same kind or class as those
specifically mentioned. (PBA vs. CA)
- (Agpalo) The rationale for this statcon rule is to
give effect to both the particular and the general
words, by treating the particular words as
indicating the class and the general words as
indicating all that is embraced in said class
although not specifically named in the
enumeration.
- Requisites of Ejusdem Generis:
a. The statute contains an ENUMERATION of
particular or specific words, followed by a
general word (e.g. and the like)
b.
Illustration:
PBA vs. CA
F: PBA is claiming that it should pay a local tax and not a
national tax because basketball is a form of amusement
which is covered by the local government. PBA cites the
local tax code which says that taxes to admission to
theatres, cinematographs, circuses and other places of
amusement should be levied by the local government.
H: Basketball is not included in the general word other
places of amusement. The law shows that all the
particular words enumerated are forms of artistic
entertainment or expression. Basketball is a form of
sports.
Magtajas vs. Pryce
F: Magtajas is claiming that the casino Pagcor wants to
establish in their place is an illegal form of gambling and is
prohibited based on the local government code. He cited
the sec 458 of the LGC which prohibits gambling and
other prohibited games of chance.
H: The Court said that the law only prohibits illegal forms
of gambling. Obviously, the law does not include games
which are not prohibited and in fact permitted by law.
Pagcor is an exception because it is a legal form of
gambling.
3.
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Illustration:
Centeno vs. Villalon-Pornillos
F: C is a member of a group of elderly who wanted to start
the renovation of a church in their community. He
solicited money from A, a judge. A accused him of
violationg PD 1564 which requires a permit from DSWD
before one can solicit contributions for charitable and
public welfare purposes.
H: The Court held that religious purposes, such as in this
case, is not included in the charitable purposes of PD
1564. Although there is no enumeration in the law, the
Court used the rule Expressio unius est exclusio alterius. It
states that where a statute, by its terms, is expressly
limited to certain matters, it may not, by interpretation or
construction, be extended to others. This rule means that
the legislature would not have made specified
enumerations in a statute had the intention been not to
restrict its meaning and to confine its terms to those
mentioned. Although there is no enumeration PD 1564
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5. Casus omissus
Key: two laws; words are omitted in old law
A person, object or thing omitted from an enumeration
in a statute must be held to have been omitted
intentionally.
- (Agpalo) This is based on the principle that there
is a reasonable certainty that the legislature
intentionally omitted something from the
enumeration.
- But if the legislative intent to omit is not clearly
indicated, the court may supply the omission if to
do so will carry out the clear intent of the law.
- (Sir Molo) There should be two related laws. The
new law is not necessarily a direct reproduction
of the old law. They can be entirely different
laws, as long as there are provisions covering
similar subject.
- If something is omitted in the new law, what is
no longer there is intentionally omitted from the
previous law.
Illustration:
COA vs. Province of Cebu
F: The Provincial Board of Education established extension
classes in public schools and teachers with no items in the
Sir M example:
Law: Students from public schools are suspended during
Storm Signal #2.
- If dissimulum is used, college students from
public schools will not be allowed because there
is a factual distinction between them and
high/grade school students (i.e. college students
can still come to school despite heavy rains of
#2)
- If ubi lex is used, there is no distinction so classes
of college students from public schools are also
suspended.
- Note that there is no right answer, everything
will depend on the proper reasoning!
6.
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Illustration:
Cebu Institute of Medicine vs. CIMEU-NFL
F: P (CIM) charged its employees SSS, Medicare and Pagibig premiums against the 70% incremental tuition fee
increase under RA 6728 (or the Government Assistance to
Students and Teachers in Private Education Act). Sec 5,
para 2 of the law says that 70% of the tuition fee
increases shall go to payment of salaries, wages,
allowances and other benefits of teaching and nonteaching personnel. R (CIMEU-NFL) claims that P cannot
charge the premiums from the supposed compensation of
employees.
H: The Court applied the rule Ubi lex non distinguit nee
nos distinguere debemos or where the law does not
distinguish, the courts should not distinguish in holding
Ramirez vs. CA
F: Petitioner (P) produced a recorded conversation while
respondent (R) was harshly reprimanding her. P, using the
tape, filed a claim for moral damages. R filed a separate
criminal case based on anti-wiretapping law. CA ruled in
favour of R (upholding the violation of the antiwiretapping law). P appealed to the Supreme Court.
H: Court affirmed CA decision. The anti-wiretapping law
applies to any person who records a communication
regardless of whether he or she was a third party to the
conversation or a party to the conversation. As long as
NOT all parties to the conversation give consent to the
recording, it is illegal. In this case, the Court did not
accept Ps contention that she should be absolved in
recording the conversation because she was a party to it.
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Amadora vs. CA
F: Petitioners (Ps) are the parents of A who was killed by
D. A was supposed to submit his physics project before
the graduation when he was shot inside the auditorium.
Ps filed a suit against As school and teacher for damages
invoking Civil Code Article 2180 which said that teachers
or heads of establishments of arts and trade shall be liable
for damages caused by their pupils and students or
apprentices so long as they remain in custody.
D: The Court explained Art 2180. It used the stacon rule
Reddendo singular singulis in ruling that where the
schools is academic rather than technical or vocational in
nature, responsibility for the tort committed by the
student will attach to the teacher in charge of such
student. This is the general rule. In the case of
establishments of arts and trades, it is the head thereof,
and only he, who shall be liable. Following the rule,
teachers will apply to students and pupils, while heads of
establishments will apply to apprentices.
In this case, only the teacher should have been
liable. But because it wasnt shown that it was his
negligence that led to As death, he was not held liable.
Note: Sir M asked about the legal basis for the
interpretation (e.g. teacher to pupils etc). First, the basis is
the law. Next, look at the context or circumstances
(factual or historical circumstances justified the
allocation).
Illustration:
NATU vs. Torres and Republic Planters Bank
F: Petitioner NATU (P) wanted to have an election for the
bargaining representative among supervisory employees
of respondent bank (R). The employees that P submit to
join the election includes the positions of branch
mangers/OIC, controllers and cashiers. R claims that these
employees are not supervisory but managerial/
confidential employees who are prohibited from joining a
union.
H: Branch managers, controllers and cashiers are NOT
managerial employees. Managerial employees are those
who create (not merely execute) policies and have the
power to fire and hire employees. They are merely
supervisory employees who execute policies and who
have recommendatory powers. BUT! They are
confidential employees who have access to confidential
information in the company. By using the doctrine of
necessary implication, confidential employees should also
be prohibited from joining a union (even if it is not
expressly provided in the law). The same rationale will
applythey will only act as representative of the
company and not the employees. Also, this will be
detrimental to the company because these employees
have access to confidential information which may be
used against them during the bargaining!
Provisos, Exceptions and Savings Clauses
Provisos
the role of a provision is either to limit the
application of the enacting clause, section or
provision of a statute
It may also qualify or restrain its generality or to
exclude some possible ground for
misinterpretation as extending to cases not
intended by the legislature
It is commonly found at the end of a session and
introduced, as a rule, by the word Provided,
(although provisos need not start with this)
The general rule is that a proviso only qualifies or
modifies the phrase immediately preceding it, it
should not be construed to apply to other
sections or to the entire stature itself.
Exceptions
- Consists of that which would otherwise be
included in the provision from but was excepted
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SAJONAS v. CA
Facts: Involves the issue as to what period an adverse
claim annotated at the back of a transfer certificate of
title is effective, which in turn depends upon the
interpretation of Sec. 70 of P.D. 1529, which reads in part:
The adverse claim shall be effective for a period of thirty
days from the date of registration. After the lapse of said
period, annotation of adverse claim may be cancelled
upon filing of a verified petition therefor by the party in
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Supplemental statutes
o One intended to supply deficiencies in an existing
statute and to add to, complete, or extend the
statute without changing or modifying its original text
Reenacted statutes
o Statute which reenacts a previous statute or the
provisions thereof; one in which the provisions of an
earlier statute are reproduced in the same or
substantially the same words
o Legislative expression of intention to adopt the
construction as well as the language of the prior act
o When a statute or a provision thereof has been
construed by the Supreme Court and the same is
substantially reenacted, the legislature may be
regarded as adopting such construction, and the
construction becomes an integral part of the
reenacted statute with the force and effect of a
legislative command
o Where a statute provides that all laws not
inconsistent with the provisions thereof are deemed
incorporated and made integral parts thereof by
reference, such previous laws on the same subject
matter are deemed reenacted
Adopted statutes
o A statute patterned after, or copied from a statute of
a foreign country
o Presumption: Legislature adopted such construction
and practices with the adoption of the law but does
not apply to construction given the statute
subsequent to its adoption, although it has
persuasive effect on the interpretation
AKBAYAN-YOUTH v. COMELEC
Facts: Petitioners, representing the youth sector, sought
COMELEC to conduct a special registration before the
May 14, 2001 General Elections. The special registration
would be for new voters ages 18-21, constituting four
million potential voters who failed to register on or before
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SESSION 13
STRICT AND LIBERAL CONSTRUCTION
Kind of construction depends upon the nature of the
statute, the purpose to be subserved and the mischief to
be remedied; that which will best accomplish the end
desired and effectuate legislative intent
Strict construction
o Construction according to the letter of a statute,
which recognizes nothing that is not expressed, takes
the language used in its exact meaning, and admits
no equitable consideration
o Scope shall not be extended or enlarged by
implication, intendment, or equitable consideration
beyond the literal meaning of its terms
o Close and conservative adherence to the literal or
textual interpretation
Liberal construction
o Such equitable construction as will enlarge the letter
of a statute to accomplish its intended purpose, carry
out its intent, or promote justice
o Does not mean enlargement of a provision which is
clear, unambiguous and free from doubt for a statute
which is plain and clear is not subject to construction
o Statute will be given a liberal interpretation so as to
save the statute from obliteration
Liberal construction vs. Judicial legislation
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Liberal Construction
General welfare legislation in favor of those whom the
law intended to benefit
o Statutes enacted to implement the social justice and
protection-to-labor provisions of the Constitution
o Labor laws, tenancy laws, land reform laws, social
security laws
General welfare clause on the power of local
governments in favor of LGUs
o 2 branches:
1) Main trunk of municipal authority
Ordinances and regulations necessary to carry into
effect and discharge the powers and duties
conferred upon local legislative bodies by law
2) Independent of the specific functions
enumerated by law
Ordinances necessary and proper to provide for the
health and safety, promote the prosperity, improve
the morals, peace, good order, comfort, and
convenience of the LGU and the inhabitants
thereof, and for the protection of property therein
o More powers to LGUs in promoting economic
condition, social welfare and material progress of the
people in the community
o Elastic and must be responsive to various social
conditions
Statutes prescribing limitations on taxing powers in
favor of LGUs
o 1973 Constitution gives LGUs power to create its own
sources of revenue and to levy taxes, etc.
Statutes prescribing prescriptive period to collect taxes
in favor of taxpayers
o Beneficial to both government (tax officers obliged to
act promptly) and citizens (security against
unscrupulous tax agents)
o Remedial measure to bring about beneficial purpose
of affording protection to taxpayers
Statutes imposing penalties for nonpayment of tax in
favor of government
o Supported by strong reasons of public policy and
imperatives of public welfare
o Intended to hasten tax payments or to punish
evasions or neglect of duty in respect thereto
o Should be construed to avoid the possibilities of tax
evasions
Election laws to give effect to the express will of the
electorate
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Matter of substance
Legislative intent that compliance essential to the
validity of an act
Statute which contains words of command or of
prohibition (shall, must, ought, should, cannot, shall
not, ought not)
Where a statute provides for the doing of some act
which is required by justice or public duty, or where it
vests a public body or officer with power and authority
to take such action which concerns the public interest
or rights of individuals
What law decrees must be obeyed against pain of
sanction or declaration of nullity of what is done in
disregard thereof
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Prospective Statutes
One which operates upon facts or transactions that
occur after the statute takes effect, one that looks and
applies to the future
Penal statutes
o Nullum crimen sine poena, nulla poena sine legis =
there is no crime without a penalty, and there is no
penalty without a law
o Art. 21 RPC
Ex post facto law
o Retroactive application prohibited by Constitution
but limited in scope and applies only to penal
matters, not to laws which concern civil proceedings
generally or which affect or regulate civil or private
rights or political privilege
o Test: Does the law sought to be applied retroactively
take from an accused any right that was regarded at
the time as vital for the protection of life and liberty?
Yes = EPF law
1) Law which makes criminal an act done before the
passage of the law and which was innocent when
done, and punishes such act
2) Law which aggravates a crime, or makes it greater
than it was, when committed
3) Law which changes the punishment and inflicts a
greater punishment than that annexed to the crime
when committed
4) Law which alters the legal rules of evidence, and
authorizes conviction upon less or different
testimony than the law required at the time of the
commission of the offense
5) Law which assumes to regulate civil rights and
remedies only, but in effect imposes penalty or
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Construction of amendment
o As if the original statute has been repealed and a new
and independent act in the amended form had been
adopted
o As if the statute has been originally enacted in its
amended form
o As a continuation of the existing law and not as a new
enactment
o Should be different from that of original statute since
presumed that legislature would not have amended if
did not want to change its meaning
o Suppression of excepting clause amounts to
withdrawal of the exemption allowed under the
original act
General rule: prospective unless contrary provided or
procedural law (relating to procedure in courts), at which
case applicable to pending and undetermined actions at
time of amendment
Rights which have become vested under a statute
before its amendment may not be affected by such
Effect of amendment on jurisdiction
o Jurisdiction of a court to try cases determined by the
law in force at the time the action is instituted and
remains with the court until the case is finally
decided therein
o Subsequent statute amending a prior act with the
effect of divesting the court of jurisdiction may not be
construed to operate to oust jurisdiction that has
already attached under the prior law else it will be a
subversion of the judicial process
o Also applies to quasi-judicial bodies
Amendatory act, if complete by itself, will be
considered as an original or independent act
Where amendatory act is declared unconstitutional,
it is as if the amendment did not exist, and the
original statute before the attempted amendment
remains unaffected and in force
Revision and Codification
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