CHAVEZ vs.

JBC
Facts
On May 29, 2012, is the departure of
Chief Justice Renato C. Corona and
the nomination of petitioner, as his
potential successor.
The petitioner asked the Court to
determine if the Constitution allows
more than one (1) member of
Congress to sit in the JBC and ] if the
practice of having two (2)
OLYMPIO
REVALDO
vs. PEOPLE
representatives
from each
House of
Facts
Congress with one
(1) vote each is
Petitioner
charged
with
the
sanctioned
by
the
Constitution.
LIWAG
VS.was
HAPPY
GLEN
LOOP
offense
possession
ofis
On July of
17,illegal
2012,Facts
the petition
premium
hardwood lumber in
GRANTED.
F.G.R. Sales the original developer of
violation
of3,
Section
68
the Forestry
On
August
2012,obtained
theof
Court
Happy Glen Loop,
a loan
Code.
discussed
the Marcelo.
merits of the
from
Ernesto
That on June 17, 1992, in the
arguments.
(M)unicipality
of Maasin,
(P)rovince
From
theits
moment
of theSales
creation
of of
To settle
debt F.G.R.
Southern
Leyte, Philippines,
with
the JBC, Congress
designated
oneover
(1)
assigned
to Marcelo
all its rights
intent
of gain, unlawfully
representative
to
sit
in in
theand
JBC to act
several
parcels
of
land
the
VISAYAS
vs.
COMMISSIONER
feloniously
possess
96.14 board ft of
as
one of the
ex-officio
Subdivision,
as
well as members.
receivables
Facts
wood.
In
2001,
the
JBC
En
from the lots alreadyBanc
sold.decided to
PetitioneraVisayas
Power
Maceda,
PNP in Geothermal
Maasin,from
testified
allow the representatives
the
Company
(VGPC
is engaged
that heand
went
toHouse
the
house
of in the
Senate
the
of
Marcelo represented to subdivision
business
power
generation through
petitionerofand
they
20
Representatives
oneconfiscated
full
vote
lot buyers, the (NHA)
and
the each.
(HSRC)
geothermal
energy
and the sale
of
pieces
of
lumber
of
varieties
Grounds
relied
upondifferent
by Respondents.
that
a water
facility
was
available in
generated
power
to the Philippine
lying around
the vicinity
of the house
the Subdivision.
National
Oil
Company.
of petitioner.
On December
6,informed
2006, it filed
an
Thereafter
they
the office
of
administrative
for refund for
the Departmentclaim
of Environment
andthe
September 1995, Marcelo sold Lot 11,
amount
14,160,807.95
with
the
Natural of
Resources
(DENR)
of the
Block No. 5 to Hermogenes. As a
BIR.
confiscated lumber.
result, Transfer Certificate of Title
While its was
pending,
Petitioner
testified
thatVGPC
he is afiled its
(TCT) No. C-350099
judicial
claim
via a petition
for review
carpenter
specializing
in furniture
with the CTA
praying for
a refund
making.
He explained
further
that
When Hermogenes died in 2003,
covering
thewere
fourintended
quarters for
of taxable
the
lumber
the
petitioner Emeteria P. Liwag
year
2005.
repair
of his dilapidated house.
subsequently wrote a letter
In its
April 17, 2009
Decision,
the CTA
On
5 September
1997
convicting
demanding the removal of the
Second Division
granted the
petitioner
of the partially
offense charged.
On
overhead water tank from the subject
petition
only
thethe
amount
23 August
2004,
Courtofof Appeals
parcel of land.
7,699,366.37
and denied
affirmed the judgment
of the
the separate
trial
motions for partial reconsideration.
court.
Refusing to comply with petitioners
Thus, both VGPC and the CIR
demand, respondent Association filed
appealed to the CTA En Banc which
before the HLURB annulment of sale;
reversed and set aside the decision
and cancellation of TCT No. 350099
and resolution of the CTA Second
After the parties submitted their
Division, and dismissed the original
respective position papers, Housing
petition for review for having been
and Land Use Arbiter Joselito Melchor
filed prematurely.
ruled in favor of the Association.

Issue
1. That allowing
only one
representative
from Congress in
the JBC would
lead to absurdity
considering its
bicameral nature;
Issue
WON the framers
failed to make
1. WON
there is
Issue
proper
a need for a
adjustment when
warrant before to
It further
there
was astated
shift
search a plane.
that
fromthere was no
proof
that
unilateralism
to
Marcelo
or thewas
bicameralism
original
a plain oversight;
subdivision owner
or developer
Issue had
at any time
represented that
Lot 11, Block 5
was an open
space. It
therefore
concluded that
the use of the lot
as site of the
water tank was
2.
merely tolerated.
WON water
facilities belongs
to the category of
an open space.

Ruling
In the interpretation of the constitutional provisions, the Court firmly relies on the basic postulate that the
Framers mean what they say.
For this reason, the Court cannot accede to the argument of plain oversight in order to justify
constitutional construction. As stated in the July 17, 2012 Decision, in opting to use the singular letter "a"
to describe "representative of Congress," the Filipino people through the Framers intended that Congress
be entitled to only one (1) seat in the JBC. Had the intention been otherwise, the Constitution could have,
in no uncertain terms, so provided, as can be read in its other provisions.
A reading of the 1987 Constitution would reveal that several provisions were indeed adjusted as to be
in tune with the shift to bicameralism. One example is Section 4, Article VII, which provides that a tie in
the presidential election shall be broken "by a majority of all the Members of both Houses of the
Congress, voting separately." Another is Section 8 Ruling
thereof which requires the nominee to replace the Vice1.
The lumber
in plain
view.
Under the
plain
doctrine,
objects
falling
in plain
view of
an officer
President
to bewere
confirmed
"by
a majority
of all
the view
Members
of both
Houses
of the
Congress,
voting
21
who
has a right
to be inunder
the position
have
view
are subject
to seizure
may be presented
separately."
Similarly,
Sectionto18,
thethat
proclamation
of martial
law or and
the suspension
of the as
Ruling
evidence.
privilege
the writof
of the
habeas
corpus
mayin
bethe
revoked
or continued
the Congress,
voting
by
YES.
Theof
location
water
facility
Subdivision
mustby
form
part of the
areaseparately,
reserved for
22
When
asked
whether
he hadofthe
necessary
permit
possess provisions,
the lumber,the
petitioner
failed to produce
one.
a
votespace.
of at least
a majority
all
its space
Members."
Intoall
bicameral
of Congress
open
Under
The term
open
is defined
in these
P.D. 1216 as an area
reserved nature
exclusively
for
Petitioner
merely
replied
thatthe
thecorresponding
lumber in his adjustments
possession was
intended
fortothe
repair
of his
house and
was recognized
and,
clearly,
were
made
as
how
a matter
would
parks,
playgrounds,
recreational
uses, schools, roads, places
of worship,
hospitals,
healthbe
for
his
furniture
shop.
There
was
thus
probable
cause
for
the
police
officers
to
confiscate
the
lumber
handled and
voted upon
by itsand
twoother
Houses.
centers,
barangay
centers
similar facilities and amenities.
Underto
the
section
68.Framers
of the forestry
Cutting,
Gathering
and/or
Collecting
or Other
Thus,
say
that the
simply code.
failed The
to adjust
Section
8, Article
VIII,
by sheer Timber,
inadvertence,
to their
Forest
Products
Without
License.
Any
person
. . . . . . . is
. . not
possess
timber
or other
forest products
decision
to
shift
to
a
bicameral
form
of
the
legislature,
persuasive
enough.
Respondents
cannot
The decree makes no specific mention of areas reserved for water facilities. However, the enumerationjust
without
the legal
documents
as
required under
existing
forest
laws
and regulations
lean ontoplain
oversight
justify
a conclusion
favorable
to them.
It is
very
that
the Framers
were not
refers
areas
reservedtofor
the common
welfare
of the community
and
theclear
phrase
other
similar facilities
The Court
shall further
order the
confiscation
inrepresentation
favor of the government
of the ittimber
orinany
keen
on
adjusting
the
provision
on
congressional
in
the
JBC
because
was not
the
and amenities should be interpreted in like manner.
Rulingor possessed, as well as the machinery,
forest products
cut, gathered,
collected,
exercise
of its primary
function to
legislate.removed,
JBC was created
to support the executive power to appoint,
equipment,
implements
and
tools
illegally
used
in athe
area where the timber or
forest
and Congress,
as facility
one whole
was merely
assigned
function.
Since,
the water
wasbody,
undoubtedly
established
forcontributory
the benefit ofnon-legislative
the community,
therefore, the
products
are found.
The
underlying
reason
for
such
a
limited
participation
can
easily
be
discerned.
Congress
has two (2)
principle of ejusdem generis must be taken into consideration.
The Mere
possession
of forest products
without
consummates
the crime. that
Whether
Houses.
The
need to recognize
the existence
andthe
theproper
role ofdocuments
each House
is essential considering
the
or
not the lumber
comes
fromlanguage
a legal source
is immaterial
because the
Forestry
CodeHouse
is a special
Constitution
employs
precise
in laying
down the functions
which
particular
plays,law
which considers
mere possession
of timber
or other an
forest
products
the proper
documentation
regardless
of whether
the two Houses
consummate
official
act bywithout
voting jointly
or separately.
Whether
as the
malum
prohibitum.
in
exercise
of
its
legislative23
or
its
non-legislative
functions
such
as
inter
alia,
the
power
of
Lot 11, Block 5 of Happy Glen Loop Subdivision forms part of its open space
24
The
forgoing provision
is furtherofsupplemented
by.aSection
of25the
Forestry Code
which returns
authorizes
appropriation,
the declaration
an existence of
state of80
war,
canvassing
of electoral
for the
the
26the DENR or any personnel
27
forestry
officer
or
employee
of
of
the
PNP
to
arrest,
even
without
a
warrant,
President
and Vice-President,
impeachment,
the dichotomy
of each House
be playgrounds,
acknowledged
The
term open
space is defined and
in P.D.
1216 as an area
reserved exclusively
formust
parks,
any person
who considering
has committed
or
is committing
in these
his presence
any ofInthe
defined by
theHouse is
and
recognized
the
interplay
between
two
Houses.
all offenses
these
instances,
each
recreational
uses, schools,
roads,
places
of worship,
hospitals,
health
centers,
barangay
centers
Forestry
Code and
to seize
and
confiscate
the tools peculiar
and equipment
used in
committing
the
offense or the
constitutionally
granted
with
powers
and
functions
to
its
nature
and
with
keen
consideration
to 1)
and other similar facilities and amenities.
forest
products with
gathered
or taken
by theand
offender.
its relationship
other
chamber;
2) in
consonance
with facilities.
the principle
of checks
balances,
The
decree makes
nothe
specific
mention
of areas
reserved
for water
Therefore,
we and
resort
to
So,to
the
possession
itself is
punishable
under Section. 68 that there no need for a warrant before to search
as
the
other
branches
government.
statutory
construction
to of
determine
whether these areas fall under other similar facilities and amenities.
the
place because
it was
already
on the ground
and confiscated
bythe
virtue
plain view
doctrine
and thatin
In checkered
contrast,
there
is essentially
no interaction
between
twoof
Houses
in their
participation
the
police
is
authorized
by
Section
80.
to
arrest.
the JBC.
mechanism
is required
between
Senategeneris
and thestates
Housethat
of Representatives
the screening
The
basicNo
statutory
construction
principle
of the
ejusdem
where a generalinword
or
and
nomination
of enumeration
judicial officers.
Rather, inand
thespecific
creationwords
of theofJBC,
Framers
arrived
at aword
unique
phrase
follows an
of particular
the the
same
class, the
general
or
system
byto
adding
to the four
(4) regular
three
representatives
from the major
phrase is
be construed
to include
or tomembers,
be restricted
to(3)
things
akin to or resembling,
or of branches
the same of
kind
government
- the specifically
Chief Justicementioned.
as ex-officio Chairman (representing the Judicial Department), the
or
class as, those
Secretary of Justice (representing the Executive Department), and a representative of the Congress
(representing the Legislative Department). The total is seven (7), not eight. In so providing, the Framers
Applying the principle of ejusdem generis to the case. The afore-quoted Section 1 of P.D. 1216, we find
simply gave recognition to the Legislature, not because it was in the interest of a certain constituency, but
that the enumeration refers to areas reserved for the common welfare of the community. Thus, the phrase
in reverence to it as a major branch of government.
other similar facilities and amenities should be interpreted in like manner.
Here, the water facility was undoubtedly established for the benefit of the community. Water is a basic
need in human settlements, without which the community would not survive. We therefore rule that,
based on the principle of ejusdem generis and taking into consideration the intention of the law to create
and maintain a healthy environment in human settlements, the location of the water facility in the
Subdivision must form part of the area reserved for open space.

US vs. NAVARRO
Facts
In the course of the trial Pangan
testified said that one night while he
was asleep in the house of Felix
Facts
Punsalan.
Facts

Issue

Ruling

Issue

Ruling

Issue

Ruling