I.

BACKGROUND
a. The Philippine Legal System
i. In Re Max Shoop
 In re: Max Shoop- the Philippine legal system is a combination of the Spanish legal system and the American legal system.
- Chief codes of Spain were extended to the Philippines such as the penal code and code of commerce.
- BUT, due to the change of sovereignty> all Spanish law, custom, rights of property inconsistent with the Constitution and American principles were
superseded.
- Bulk of present day Statute Law- derivative from Anglo-American sources= COPIED, as been enacted by Congress by virtue of its authority
- Philippines Jurisprudence: uses Anglo-American cases in interpreting and remnants of Spanish statutes
II. PARTS OF A STATUTE
a. Laws and Statute
b. Classification of Statute
c. Parts of a Statute
i. Sec 26 (1) Art. 6 of the 1987 Constitution
“Every bill passed by the Congress shall embrace only one subject which shall be express in the title thereof.
- One Title, One Subject Rule
- MANDATORY and not directory
- Essential to the validity of the legislation
- Lidasan v. COMELEC- the rule has been liberally adopted by the Court as to not impede legislation; LIBERAL INTERPRETATION
TITLE FACTS ISSUE HELD IMPORTANT
1. Lidasan v.  Republic Act No. 4790, entitled “An WON the R.A. No. YES.  LIBERAL
COMELEC Act Creating the Municipality of 4790 violates the  The said law is void. CONSTRUCTION
Dianaton in the Province of Lanao “One Title, One  Such title did not inform the members of Congress as to
del Sur,” was passed. Subject” Rule. the full impact of the law; it did not apprise the people in
 Lidasan however discovered that the towns of Buldon and Parang in Cotabato and in the
certain barrios located in Cotabato province of Cotabato itself that part of their territory is
were included in Dianaton, Lanao being taken away from their towns and province and
Del Sur pursuant to RA 4790. added to the adjacent Province of Lanao del Sur
 it kept the public in the dark as to what towns and
provinces were actually affected by the bill that even a
Congressman from Cotabato voted for it only to find out
later on that it is to the prejudice of his own province.
 UNCONSTITUTIONAL
2. Tobias v.  Republic Act No., 7675 also known Whether or not the YES.
Abalos as “An Act Converting the ratification of  The creation of a separate congressional district for
Municipality of Mandaluyong into a RA7675 was Mandaluyong is not a subject separate and distinct from
Highly Urbanized City to be known constitutional. the subject of its conversion.
as the City of Mandaluyong”  Moreover, a liberal construction of the “one-title-one-
subject” rule has been liberally adopted by the court as to
not impede legislation (Lidasan v. Comelec).
 The Constitution clearly provides that the House of
Representatives shall be composed of not more than 250
members, unless otherwise provided by law.
 The emphasis on the latter clause indicates that the
number of the House of Representatives may be
increased, if mandated via a legislative

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 enactment. Therefore, the increase in congressional
representation is not unconstitutional.
d. Steps on the Enactment of a Statute
i. Sec 26 (2) Art. 6 of the 1987 Constitution
“No bill passed by either House shall become a law unless it passed THREE READINGS on separate days, and
Printed copies in its final form have been distributed to its Members three days before its passage
Except when the President certifies to the necessity of its IMMEDIATE ENACTMENT to meet a PUBLIC CALAMITY or EMERGENCY
Upon the last reading of a bill, NO ENACTMENT SHALL BE ALLOWED
The vote shall be taken immediately, and the yeas and nays entered in the Journal”
- Three Readings> separate days + printed copies three days before third reading
- Exception: When the President certifies to the necessity of its immediate enactment.
 Dispense from the requirement that the readings be on separate days and that the bill be printed in its final form and distributed
three days before third reading
 Tolentino v. Secretary of Finance- President’s certification effects a dispensation from all the requirements. (E-VAT)
ii. Sec. 27 Art. 6 of the 1987 Constitution
“Every bill passed by Congress shall;, before it becomes a law, be presented to the President. If he approves the same, he shall sign it; otherwise, he shall veto it
and return the same with his objection to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it.
If, after such reconsideration, 2/3 of all the members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House
by which it shall likewise be considered, and if approved by 2/3 of all the member of that House, it shall become a law.
In such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal.
The President shall communicate his veto of any bill to the House where it originated within 30 days after the date of receipt; otherwise, it shall become a law
as if he had signed it.
The President shall have the power to veto any particular item or items in an appropriation, revenue, tariff bill, but the veto shall not affect the item or items to
which he does not object.”
- Passed Congress> Presented to President (Sign or Veto) If signed= becomes a law; If vetoed= returned to the House it originated> reconsider vote 2/3>
to another House, vote 2/3= becomes a law
- PASSAGE OF BILL
 Two steps:
 1st – approved by congress
o Positive act by votes of its members
 2nd – approved by the President
o Positive act or inaction
 The final approval of a bill does not make it immediately effective
 Tanada v. Tuvera- laws become effective only after adequate publication (Art. 2 of the Civil Code)

- VETO
 General rule: if the President disapproves a provision in a bill approved by Congress, he shall veto the entire bill, He is not allowed
to veto separate parts of the bill.> only on appropriation, revue or tariff bill
 Doctrine of Inappropriate Provisions- a constitutionally inappropriate provision in an appropriate bill may be singled
out for a veto.
TITLE FACTS ISSUE HELD IMPORTANT
3. CIR v. CTA  Manila Golf & Country Club, Inc., a non-stock Whether or not the  The presidential veto referred merely to the 
corporation who maintains a golf course and presidential veto inclusion of hotels, motels, and rest houses in
operates a clubhouse with a lounge, bar & referred to the entire the 20% caterer's tax bracket but not to the
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 dining room exclusively for its members &
guests
 claims that they should have been exempt
from payment of privilege taxes were it not
for the last paragraph of Section 191-A of RA
No. 6110, otherwise known as "Omnibus Tax
Law".
 CIR denied the protestation of the club, who
maintain that Section 42 was not entirely
vetoed but merely the words "hotel, motels,
resthouses" on the ground that it might
restrain the development of hotels which is
essential to the tourism industry.
4. Tolentino v.  R.A. No. 7716 otherwise known as “the
Sec. of Expanded Value-added Tax Law”.
Finance  Petitioner claimed that the law did not
originate exclusively from the House of
Representatives as required by Art. VI Sec. 24
of the Constitution. Though its original version
House Bill No. 11197 was filed in the House of
Representatives then sent to the Senate where
only first reading was conducted and then the
senate passed another version of the bill
(Senate Bill No. 1630).
 Tolentino contended that the Senate should
have amended the House Bill No. 11197 by
replacing it with the text of S. No. 1630. In this
way, the bill remains a House Bill and the
Senate version becomes only the text of the
House Bill.
5. Arroyo v. De  Rep. Arroyo announced that he was going to
Venecia raise a question on the quorum, although until
the end of his interpellation he never did.
 On the same day, the bill was signed by the
Speaker of the House of Representatives and
the President of the Senate and certified by
the respective secretaries of both Houses of
Congress as having been finally passed by the
House of Representatives and by the Senate
on November 21, 1996. The enrolled bill was
signed into law by President Fidel V. Ramos
section or merely to whole section. It was then agreed by the SC
the imposition of with then Solicitor General Estelito Mendoza
20% tax on gross and his associates that inclusion of hotels,
receipt of operators motels, and rest houses in the 20% caterer's
or proprietors of tax bracket are "items" in themselves within
restaurants, the meaning of Sec. 20(3), Article VI of the
refreshment parlors, 1935 Constitution.
bars and other  The Petition is granted. Sec. 191-A of RA 6110
eating places which is valid and enforceable, hence the Manila Golf
are maintained and Country Club, Inc is liable for the amount
within the premises assessed against it.
or compound of a
hotel, motel or
resthouses.
WON R.A No. 7716 is YES. 
constitutional.  R.A. No. 7716 is not unconstitutional.
 Petitioner’s contention concerns only a
matter of form and did not establish any
substantial difference on both Bills.
 The Senate can proposed an amend to a
House revenue bill by enacting its won
version
 There was no grave abuse of discretion
though Art. VI sec. 24 provides that all
appropriation and revenue bills shall
originate exclusively in the House of
Representatives
 It further provides that the Senate
may propose or concur with
amendments. It is an accepted
practice for the Senate to introduce
what is known as an AMENDMENT BY
SUBSTITUTION, which may entirely
replace the bill initiated in the House
of Representatives.
Whether R.A. No. NO. 
8240 is null and  In view of the enrolled bill doctrine
void because it was  Under the enrolled bill doctrine, the
passed in violation signing of H. No. 7198 by the Speaker of
of the rules of the the House and the President of the
House; Senate and the certification by the
secretaries of both Houses of Congress
that it was passed on November 21, 1996
are conclusive of its due enactment.
 This Court quoted from Wigmore on
Evidence the following excerpt which
embodies good, if old-fashioned
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 on November 22, 1996. democratic theory: “Instead of trusting a
faithful Judiciary to check an inefficient
Legislature, they should turn to improve
the Legislature. The sensible solution is
not to patch and mend casual errors by
asking the Judiciary to violate legal
principle and to do impossibilities with
the Constitution; but to represent
ourselves with competent, careful, and
honest legislators, the work of whose
hands on the statute-roll may come to
reflect credit upon the name of popular
government.”

e. Evidence of Due Enactment of Statutes

i. Enrolled Bill Theory
“enrolled bill doctrine”, the signing of a bill by the speaker of the House and the Senate president and the
certification of the Secretaries of both Houses of the Congress that it was passed is conclusive of its due
enactment. A review shows the Court’s adherence to the rule. This court is not the proper forum for the
enforcement of these internal rules of Congress whether House or Senate.”

TITLE FACTS ISSUE HELD IMPORTANT

6. Mabanag v.  The three senators were suspended by Whether or not the  The SC found in the journals no signs of irregularity in the  The SC is bound by
Lopez senate due to election irregularities. Court can take passage of the law and did not bother itself with the contents of a
 8 representatives were not allowed to cognizance of the considering the effects of an authenticated copy if one duly authenticated
take their seat in the lower issue at bar. had been introduced resolution
 They argued that some senators and Whether or not  It did not do what the opponents of the rule of (enrolled bill) by
House Reps were not considered in they said conclusiveness advocate, namely, look into the journals the legislature. In
determining the required ¾ vote (of resolution was behind the enrolled copy in order to determine the case of conflict, the
each house) in order to pass the duly enacted by correctness of the latter, and rule such copy out if the two, contents of an
Resolution – which has been Congress the journals and the copy, be found in conflict with each enrolled bill shall
considered as an enrolled bill by then other. prevail over those
 If these members of Congress had  No discrepancy appears to have been noted between the of the journals.
been counted, the affirmative votes in two documents  This court held itself
favor of the proposed amendment **Enrolled Bill – that which has been duly introduced, finally bound by an
would have been short of the passed by both houses, signed by the proper officers of each, authenticated
necessary three-fourths vote approved by the president and filed by the secretary of state. resolution, despite
. Respondents argued that the SC cannot the fact that the vote
take cognizance of the case because the of three-fourths of
Court is bound by the conclusiveness of the members of the
the enrolled bill or resolution. Congress

7. Casco  Petitioner was engaged in the W/N “urea” and  e term “urea formaldehyde” used in Sec. 2 of RA 2609
Philippine manufacture of synthetic resin glues. “formaldehyde” refers to the finished product
Chemical CO are exempt by law
v. Gimenez
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  It sought the refund of the margin fees
relying on RA 2609 (Foreign Exchange
Margin Fee Law)
 Auditor of the Bank refused to pass in
audit and approved the said refunds
upon the ground that Petitioner’s
separate importations of urea and
formaldehyde is not in accord with the
provisions of Sec. 2, par. 18 of RA
2609.
8. Morales v.  Rodrigo amendment
Subido  The present insistence of the
petitioner is that the version of the
provision, as amended at the behest
of Sen. Rodrigo, was the version
approved by the Senate on third
reading, and that when the bill
emerged from the conference
committee the only change made in
the provision was the insertion of the
phrase "or has served as chief of
police with exemplary record."
ii. Journal Entry Rule
TITLE FACTS
9. Astroga v.  House Bill No. 9266, a bill of local
Villegas application
 passed on third reading without
amendments
 bill was sent to the Senate for its
concurrence
 committee favorably recommended
approval with a minor amendment,
suggested by Senator Roxas, that
instead of the City Engineer it be the
President Protempore of the
Municipal Board who should succeed
the Vice-Mayor in case of the latter's
incapacity to act as Mayor.
 the President informed that
from the payment  Distinct and separate from “urea and formaldehyde”
of the margin fee. which are separate chemicals used in the manufacture of
synthetic resin.
 The one mentioned in the law is a finished product, while
the ones imported by the Petitioner are raw materials.
Hence, the importation of “urea” and “formaldehyde” is
not exempt from the imposition of the margin fee.
WON the  The investigation which the petitioner would like this
alteration was Court to make can be better done in Congress. After all,
valid House cleaning — the immediate and imperative need for
which seems to be suggested by the petitioner — can best
be effected by the occupants thereof.
 If there has been any mistake in the printing of the bill
before it was certified by the officers of Congress and
approved by the Executive — on which we cannot
speculate, without jeopardizing the principle of
separation of powers and undermining one of the
cornerstones of our democratic system — the remedy is
by amendment or curative legislation, not by judicial
decree
ISSUE HELD IMPORTANT
Whether the so-  The R.A is declared not to have been duly enacted and In view of the need to
called RA 4065 therefore did not become law. inquire through the
became law and  may be noted that the enrolled bill theory is based mainly Journal
that Vice-Mayor on "the respect due to coequal and independent The journal of the
Astorga should departments," which requires the judicial department proceedings of each
exercise any of the "to accept, as having passed Congress, all bills House of Congress is no
powers conferred authenticated in the manner stated." ordinary record. The
by RA 4065.  Thus it has also been stated in other cases that if the Constitution requires it.
attestation is absent and the same is not required for While it is true that the
the validity of a statute, the courts may resort to the journal is not
journals and other records of Congress for proof of its authenticated and is
due enactment. subject to the risks of
misprinting and other
"enrolled bill" theory”= "if a political question conclusively binds errors, the point is
the judges out of respect to the political departments, a duly irrelevant in this case.
5
 he was officially withdrawing his certified law or resolution also binds the judges under the 'enrolled This Court is merely
signature on House Bill No. 9266 bill rule' born of that respect. asked to inquire whether
 Mayor of Manila, Antonio Villegas, the text of House Bill No.
issued circulars to the department It is a declaration by the two houses, through their presiding 9266 signed by the Chief
heads and chiefs of offices of the city officers, to the President, that a bill, thus attested, has Executive was the same
government as well as to the owners, received, in due form, the sanction of the legislative branch of text passed by both
operators and/or managers of the government, and that it is delivered to him in obedience to Houses of Congress.
business establishments in Manila to the constitutional requirement that all bills which pass Under the specific facts
disregard the provisions of Republic Congress shall be presented to him. And when a bill, thus and circumstances of this
Act 4065 attested, receives his approval, and is deposited in the public case, this Court can do
archives, its authentication as a bill that has passed this and resort to the
Congress should be deemed complete and unimpeachable. Senate journal for the
purpose. The journal
on its face, a solemn assurance by the legislative and executive discloses that substantial
departments of the government, charged, respectively, with and lengthy amendments
the duty of enacting and executing the laws, that it was passed were introduced on the
by Congress. floor and approved by
the Senate but were not
the enrolled copy of the resolution and the legislative journals incorporated in the
are conclusive upon us," printed text sent to the
President and signed by
, it shall be conclusive proof of the provisions of such acts and him.
of the due enactment thereof."

III. STATUTORY CONSTRUCTION

a. Definition
b. Nature and Purpose
c. Construction and Interpretation

TITLE FACTS ISSUE HELD IMPORTANT

10. Caltex v.  ‘Caltex Hooded Pump Contest’ Won the contest NO. 
Palomar  However, the postal authorities violates the Postal  It did not violate the law
denied their request in view of Law.  NO consideration
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 sections 1954 (a), 1982, and 1983 of
the Revised Administrative Code
(Anti-lottery provisions of the Postal
Law), which prohibits the use of mail
in conveying any information
concerning non-mailable schemes,
such as lottery, gift enterprise, or
similar scheme.

11. General v.  The land in dispute was mortgaged by
Barrameda plaintiff to the DBP to secure a loan of
P22,000.00. For failure of the
mortgagor to pay in full the
installments as they fall due, the
mortgagee foreclosed extrajudicially
pursuant to the provisions of Act
3135.
 the sheriff executed a final deed of
sale in favor of the DBP
 trial court held that the one-year
period of redemption began to run on
April 23, 1962, when the sale at public
auction was held, and ended on April
24, 1963
 hat the plaintiff's offer to redeem on
November 20, 1963 and the deposit of
the redemption price on August 12,
1964 were made beyond the
redemption period; and that
defendants Rodolfo General and
Carmen Gontang 'are legitimate
purchasers for value.
12. Molina v.  Jacinto Molina was the owner of
Raffery various fish ponds in Bulacan. He was
required to pay the merchant’s tax
required by the Bureau of Internal
Revenue.
 Molina protested that he was an
agriculturist and not a merchant and
therefore exempt from the taxes
imposed by the Internal Revenue Law
upon the gross sales of merchants.
 It does not qualify as a lottery due to the lack of
consideration. An act to be deemed as a lottery must
constitute a (1) prize, (2) chance, and (3) consideration.
The participants are not required to do anything or
purchase anything from Caltex in order to participate in
the contest.
crucial issue to  hether a literal interpretation of the provision of Section 
determine is the 31 of Commonwealth Act 459 — that the period of
choice of what rule redemption shall start from the date of the auction sale —
to apply in shall govern, or whether the words, "auction sale" shall
determining the be considered in their ordinary meaning or in the same
start of the one year sense
redemption period,  DETERMINATION OF THE LEGISLATIVE INTENT
whether from the  purpose and objective of the law in giving mortgagors a
date of the auction period of redemptiom of their foreclosed properties
sale or from that of  It is the law in this jurisdiction that when property
the registration of brought under the operation of theLand Registration Act
the sale with the sold, the operative act is the registration of the deed of
registry of deeds. conveyance. The deed of sale does not take effect this a
conveyance or bind the land it is registered.
WON fish produced  inferred from the statute that the object and purpose of 
as were those upon the Legislature was to levy the tax in question
which the tax in (merchant’s tax) upon all persons engaged in making a
question was levied profit upon goods produced by others but to exempt
are an from the tax all persons directly producing goods from
agricultural products the land. Products were grouped under “agricultural
products”.
 Court held that the ponds where the fish were grown is
agricultural land within the definitions set by the Acts of
Congress,
 however, if the artificial production of fish is held not to
be included within the exemption of the statute this
conclusion must be based upon the inadequacy of the
language used by the Legislature to express its purpose,
rather than the assumption that it was actually intended
to exclude producers of artificially grown fish from the
7

13. Endencia v.  Saturnino David, the then
David Collector of Internal Revenue,
ordered the taxing of Justice
Pastor Endencia’s and Justice
Fernando Jugo’s (and other
judges’) salary pursuant to Sec.
13 of Republic Act No. 590 which
provides that
 The judges however argued that
under the case of Perfecto vs Meer,
judges are exempt from taxation –
this is also in observance of the
doctrine of separation of powers
14. Angara v.  Jurisdiction of Electoral Commission
Electoral v. National assembly as the sole judge
Comssion of the election contest
15. NFL v. Eisma  petition for direct certification as the
sole exclusive collective bargaining
representative of the monthly paid
employees at the Lumbayao
manufacturing plant of the
Zamboanga Wood Products, Inc.
(Zambowood)
 union issued a notice of strike
16. People v.  Mario M. Mapa was charged for illegal
Mapa possession of firearm and
ammunition
benefits conferred upon producers of other substances
brought into the store of national wealth by the arts of
husbandry and animal industry.
ISSUE: Whether “Agricultural products” includes domesticated
animals and fish grown in ponds.
STATUTE: Phrase used in tax statute which exempts such products
from payment of taxes, purpose is to encourage the development of
such resources.
HELD: phrase not only includes vegetable substances but also
domestic and domesticated animals, animal products, and fish or
bangus grown in ponds. Court gave expansive meaning to
promote object of law.
Whether or not Sec NO. UNCONSTITUTIONAL 
13 of RA 590 is  Only courts have the power to interpret laws. Congress
constitutional. makes laws but courts interpret them. In Sec. 13, R.A. 590,
Congress is already encroaching upon the functions of the
courts when it inserted the phrase: “payment of which [tax]
is hereby declared not to be a diminution of his compensation
fixed by the Constitution or by law.”
 interpretation and application of the Constitution and of
statutes is within the exclusive province and jurisdiction of
the judicial department,
 n enacting a law, the Legislature may not legally provide
therein that it be interpreted in such a way that it may not
violate a Constitutional prohibition,
 
Whether 
construction of the  The first and fundamental duty of courts is to apply
law is required to the law. Construction and interpretation come only
determine after it has been demonstrated that application is
jurisdiction. impossible or inadequate without them.
 Jurisdiction is never presumed; it must be conferred by
law in words that do not admit of doubt.
 the original wording of Article 217 vested the labor
arbiters with jurisdiction;
Whether or not a  law is explicit that it is unlawful for any person to 
secret agent duly possess any firearm,
appointed and  It is the first and fundamental duty of courts to apply the
qualified as such of law; Construction and interpretation come only after it
the governor is has been demonstrated that application is impossible or
exempt from the inadequate without them. The law cannot be any clearer,
requirement of there being no provision made for a secret agent.
8

17. Luzon  Payment for crop loan
Suerety
18. Muntabuana  Felix Matabuena executed a Deed of
v. Cervantes Donation inter vivos in favor of
Petronila Cervantes during the time
they were living as husband and wife
in a common law relationship
19. People v.  Eusebio Nazario was charged in
Nazario violation of refusal and failure to pay
his municipal taxes amounting to Php
362.62 because of his fishpond
operation provided under Ordinance
4, Series of 1955
 Nazario did not pay because he was
not sure if he was covered under the
ordinance
IV. EFFECT AND APPLICATION OF STATUTE
a. When a Statute Become Effective
i. Art. 2 Civil Code
- Laws shall take effect after 15 days following the completion of their publication in the Official Gazette or in any newspaper of general circulation, unless
it is otherwise provided. (As amended by E.O 200)
o Tanada v. Tuvera- the Publication of laws is not precluded even if the law itself provides for the date of effectivity
 Clear objective of law: adequate notice + binding effect
having a license of
firearm
Won the conjugal  a conjugal partnership under that provision is liable 
property can be only for such"debts and obligations contracted by
made liable the husband for the benefit of the conjugal
partnership."
 Its language is clear; it does not admit of doubt. No
process of interpretation or construction need
beresorted to. It peremptorily calls for application.
Where a requirement is made in explicit
and unambiguous terms, no discretion is left to the
judiciary. It must see to it that its mandate is obeyed.
Soit is in this case.
 While Article 133 of the Civil Code considers as void a 
Whether the Article “donation between the spouses during the marriage,”
policy considerations of the most exigent character as
133 of the civil code well as the dictates of morality require that the same
apply to donations prohibition should apply to a common-law relationship,
between live-in as it is contrary to public polic
partners.  It is a principle of statutorconstruction 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.
Whether or not  No, the coverage of the ordinance covers him as the 
Ordinance 4, Series actual operator of the fishpond thus he comes with the
of 1955, as amended term “Manager”. He was the one who spent money in
null and void for developing and maintaining it, so despite only leasing it
being ambiguous from the national government, the latter does not get
and uncertain any profit as it goes only to Nazario. The dates of
payment are also clearly stated “Beginnin and taking
effect from 1964 if the fishpond started operating in
1964”.
9
 b. When Regulation Becomes effective
i. E.O 292( Revised Administrative Code) Bk 7, Sec 3-9
SECTION 4. Effectivity.—In addition to other rule-making requirements provided by law not inconsistent with this Book, each rule shall become effective fifteen
(15) days from the date of filing as above provided unless a different date is fixed by law, or specified in the rule in cases of imminent danger to public health,
safety and welfare, the existence of which must be expressed in a statement accompanying the rule. The agency shall take appropriate measures to make
emergency rules known to persons who may be affected by them.

TITLE FACTS ISSUE HELD IMPORTANT

20. People v. Que Po Lay
21. Tanada v. Tuvera
22. Yaokasin v. Commisioner of
Custom
 Appellant who was in
possession of foreign
exchange consisting of U.S.
dollars, U.S. checks and U.S.
money orders failed to sell the
same to the Central Bank
through its agents within one
day following the receipt of
such foreign exchange as
required by Central Bank
Circular No. 20.
 of said contents and its penalties.
 Presidential issuance of
general application needs
publication
 Those specific, circulars to
agencies
 Sugar
 Customs
 Seized
 Petitioner objected to the
enforcement of Sec. 12 of the
Plan and CMO 20-87
contending that these were
not published in the Official
Gazette. The Plan which was
part of P.D. 1 was however
published in the Official
Gazette.
Whether or not circulars
and regulations should
be published in order to
have force and effect.
 s, circulars and regulations  A person cannot be
especially like Circular No. 20 of convicted of violating
the Central Bank which prescribes Circular 20 of the Central
a penalty for its violation should Bank, when the alleged
be published before becoming violation occurred
effective. Before the public is before publication of the
bound by its contents, especially Circular on the Official
its penal provisions, a law, Gazette.
regulation or circular must first
be published and the people
officially and specifically informed
 
 Article 2 of the Civil Code does not 
apply to circulars like CMO 20-87
which is an administrative order
of the Commissioner of Customs
addressed to his subordinates, the
custom collectors. Said issuance
requiring collectors of customs to
comply strictly with Section 12 of
he Plan, is addressed only to
particular persons or a class of
persons (the customs collectors),
hence no general applicability. As
held in Tanada v. Tuvera, “It need
not be published, on the
assumption that it has been
circularized to all concerned.”

c. When Ordinance takes Effect

i. LGC
10
 Section 59. Effectivity of Ordinances or Resolutions. -
(a) Unless otherwise stated in the ordinance or the resolution approving the local development plan and public investment program, the same shall take effect after ten
(10) days from the date a copy thereof is posted in a bulletin board at the entrance of the provincial capitol or city, municipal, or barangay hall, as the case may be, and in
at least two (2) other conspicuous places in the local government unit concerned.
(b) The secretary to the sanggunian concerned shall cause the posting of an ordinance or resolution in the bulletin board at the entrance of the provincial capitol and the
city, municipal, or barangay hall in at least two (2) conspicuous places in the local government unit concerned not later than five (5) days after approval thereof.
The text of the ordinance or resolution shall be disseminated and posted in Filipino or English and in the language understood by the majority of the people in the local
government unit concerned, and the secretary to the sanggunian shall record such fact in a book kept for the purpose, stating the dates of approval and posting.
(c) The gist of all ordinances with penal sanctions shall be published in a newspaper of general circulation within the province where the local legislative body
concerned belongs. In the absence of any newspaper of general circulation within the province, posting of such ordinances shall be made in all municipalities and cities
of the province where the sanggunian of origin is situated.
(d) In the case of highly urbanized and independent component cities, the main features of the ordinance or resolution duly enacted or adopted shall, in addition to being
posted, be published once in a local newspaper of general circulation within the city: Provided, That in the absence thereof the ordinance or resolution shall be published
in any newspaper of general circulation.

TITLE FACTS ISSUE HELD IMPORTANT

23. Bagatsing v.  Municipal board ordinance  The revised charter of Manila v. Local tax code 
Ramirez prescribing rental fees for market  Former require pub, latter only a posting
vendors  Local tax code is more specific than the charter which
 They alleged the non-compliance to provides ordinance in general
the publication requirement  Local tax code prevails

d. Language of the statute that Prevails

official languages of the Philippines are Filipino and, until otherwise provided by law, English.
E.O 292 Adm Code SECTION 17. Official Languages.—Until otherwise provided by law, Pilipino and English shall be the official languages.
e. Manner of Computing Time
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)

TITLE FACTS ISSUE HELD IMPORTANT

24. National  NMC: calendar year  
Market Cop.  Tecson: 365 days
V Tecson  Therefore prescribed
 Late by 2 days

f. Territorial extent of operation

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

11
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

RPC
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, 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 presiding 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.

12
 g. Prospective and Retroactive Operation of Statutes

Constitution-Article III, Section 22. No ex post facto law or bill of attainder shall be enacted.

Civil Code - Article 4. Laws shall have no retroactive effect, unless the contrary is provided.

RPC - Article 22. Retroactive effect of penal laws. - Penal Laws shall have a retroactive effect insofar as they favor the persons 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.

Admin. Code - Sec. 19. Prospectivity. - Laws shall have prospective effect unless the contrary is expressly provided.chanrobles virtual law library

Prospective and Retrospective Operation of Statutes

People v. Sumilang  Petitioner Guillermo Sumilang was convicted of the crime of arson
 The attorney now alleged that he did not receive the notice because “he
was already hiding in the mountains of Laguna as a guerrilla officer of the
Markings guerilla”.
 Should the resolution of the Court dated October 1, 1945 be given
retroactive application to decision made on July 17, 1944
 No. The decision of the Court on July 17, 1944 already became final before
the resolution took effect on October 1, 1945
Salcedo v. Carpio  members of the Board of Dental Examiners
 Republic Act No. 546 was approved, and Section 1 thereof amended
Section 10 of the Reorganization Act No. 4007 by making the
Commissioner of Civil Service an Executive Officer of all the Boards of
Examiners
 petitioners main contention - it would be contrary to the general principle
of law, affirmed time and again in judicial decisions, to the effect that
unless otherwise provided therein the provisions of law should be applied
prospectively.
Procedural laws, of which the Rules of Court and the
resolution are examples, are retroactive in the sense and
to the extent that it applies only to actions pending and
undetermined at the time of their passage.
We are sorry to say that this contention is not correct. To
apply the provision of Republic Act No. 546 to the
petitioners is not to apply it retrospectively, because to do
so is to make said Act merely effective, not before, but
after the date it was approved or became effective, and it
will affect their continuance in office, not before but after
the approval of Republic Act No. 546. The fact that they
have been appointed prior thereto does not make said Act
of retroactive effect.

Tiu San v. Republic  Tiu San alias Angel Gomez was denied certificate of naturalization on June
3, 1953 by the court due to his conviction on April 25, 1952 for a violation
of a municipal ordinance of Lucena, Quezon
 petitioner alleged that, with reference to R.A. No. 530 Sec. 1 clause (3), this
provision is not applicable to the case at bar since the violation of the
aforementioned ordinance occurred prior to the enactment of the said R.A.
No. 530.
said Act was meant to have a retrospective operation.
This section of the Act provides:
“This Act shall take effect upon its approval, and shall
apply to cases pending in court and to those where the
applicant has not yet taken the oath of citizenship...”
 EXPRESSLY PROVIDED

Buyco v. PNB  Indebtedness> secured by mortagage Act does not contain any provision regarding its
retroactivity.
Therefore, the present case should be governed by the
law at the time the offer in question was made.

13
  Petitioner filed this case praying that the respondent be compelled to
accept his Backpay Acknowledgment Certificate as payment of his
obligation.
 Can RA 1576 be applied retroactively?
 NO. "Laws shall have no retroactive effect, unless the contrary is provided"
(Art. 4, New Civil Code).

Chavez v. Court of Agrarian
Relations
 Aquilino de los Reyes bought of a parcel of Riceland with the law in force on October
intention of working it himself but he could not take possession of the 21, 1958, when the tenant Pablo Chavez died, was
land Republic Act 1199, under
because the then incumbent tenant, Pablo Chavez, did not want to which the tenancy relationship between him and
surrender respondent De los Reyes was
 Republic Act No. terminated by reason of such death, the subsequent
1199. Under this statute the tenancy relationship between the petitioner enactment of Republic Act
Chavez and respondent De los Reyes was terminated by reason of such 2263 did not operate to confer upon petitioner any
death. successional right to
 time R.A. No. 1199 was amended by R.A. No. 2263. Unlike R.A. No. 1199, continue as tenant.
he amendment provides
for the continuance of the relationship in the event of the tenant’s death or
incapacity “between the landholder and one member of the tenant’s To hold otherwise > unconstitutional> on the ground that
immediate farm household it impairs a substantive right that has already become
 Can R.A. No. 2263 be applied retroactively vested.

 Republic Act 2263 cannot be applied retroactively.


Tac’an v. CA  Eleuterio Acopiado and Maximo Acopiado conveyed a parcel of land to Yes, because when the deed of quitclaim was executed,
Tac-an through a document entitled “Deed of Quitclaim” as payment for when the approval by the Provincial Governor was given
legal services. and when the approval was revoked, Section 145 of the
 Acopiados told Tac-an that they were terminating his services Administrative Code of Mindanao and Sulu were in full
 Tac-an secured the approval of the Provincial Governor of Zamboanga del force and effect and since they were substantive in nature,
Norte to the “Deed of Quitclaim” the repealing statute cannot be given retroactive effect. All
 The CA voided the transfer of the land to Tac-an applying section 145 of requisites are still necessary.
the Administrative Code of Mindanao and Sulu – “Contracts w/ Non-
Christians Requisites”.
 The petitioner asserts that the revocation of the approval which had been
given by the Provincial Governor has no legal effect and cannot affect his
right to the land which had already vested.
 Are the requisites in Sec. 145 of the Administrative Code of Mindanao & Sulu
still necessary when it is already repealed by RA 4252?

Eugenio v. Drilon
 P.D. 957 “The Subdivision and Condominium Buyers’ Protective Decree”, Given retroactive effect, although not expressly, but
the Human Settlements Regulatory Commission ordered Petitioner to inferred from the INTENT of the law
complete the development, reinstate Private Respondent’s purchase
contract over one lot and immediately refund him of the payment
 P.D. 957 is to given retroactive effect so as to cover even thosecontracts
executed prior to its enactment in 1976. P.D. 957 did not expressly
providefor retroactivity in its entirety, but such can be plainly inferred
14
 from the unmistakableintent of the law. “The intent of the statute is the
law.”

Alunan III v. Mirasol
 cancelled the general elections for the SK dated December 4, 1992 in the
City of Manila on the ground that the elections previously held on May 26,
1990 served the purpose of the first SK under the LGC of 1991
 Section 532(d) may thus be deemed to be a curative law.
CURATIVE LAWS, which in essence are retrospective in
effect, are enacted to validate acts done which otherwise
would be invalid under existing laws, by considering
them as having complied with the existing laws. Such
laws are recognized in this jurisdiction

V. AMENDMENTS
a. Amendments
Amendments
Estrada v. Caseda  Commonwealth Act No. 689. The court correctly held that the fact that the An amended act is ordinarily to be construed as if the
premises under lease were needed by plaintiff's married daughter was not original statute had been repealed, and a new and
comprehended in the said Act. The requirements to evict occupants were independent act in the amended form had been adopted
provided in above-mentioned Act, which was approved on October 15, in its stead.
1945. Section 14 of that Act provided that the same "shall be in force for a
period of two years after its approval." Republic Act No. 66, approved on
October 18, 1946, amended section 14 of Commonwealth Act No. 689 so
as to read as follows: "Section 14. This Act shall be in force for a period of
four years after its approval."

 Commonwealth Act No. 689, as amended by Republic Act No. 66, cannot
be given retroactive effect.
 The cause of action in the case at bar arose before the passage of the Acts
= no effect

Manila Jockey Club v. Games
and Amusement Board
 RA 309 the basic law on horse racing in the Philippines amended by RA
983 are as follows: (1) Philippine Anti-TB Society for 12 Sundays, (2)
PCSO - 6 Sundays (3) White Cross - 4 Sundays (4) Grand Derby Race
of PATS - 1 Sunday (5) Private Individuals and entities - 29 Sundays.
 RA 1502 increased the sweepstakes draw and races of the PCSO from 6 to
12 Sundays, but without specifying the days on which they are to be run.
No. There is nothing in Republic Act No. 1502, as it was
finally enacted, which would indicate that such an
understanding on the part of these two members of the
Lower House of Congress were received the sanction
Intent of the Legislature + it has been expressed in such a
way to give legal effect and validity

 Whether or not the additional sweepstakes races must be inserted in club

races as debated in the House of Representatives in the voting of HB
5732/RA1502.

 If the intention of Congress were to authorize additional sweepstakes

draws only which could, admittedly, be inserted in the club races, the law
would not have included regular races; and since regular sweepstakes
races were specifically authorized, and it would be confusing,
inconvenient, if not impossible to mix these sweepstakes races with the
regular club races all on the same day

15
  the conclusion seems inevitable that the additional sweepstakes draws
and races were intended to be held on a whole day, separate and apart
from the club races.

Sarcos v. Castillo  Castillo charged Sarcos with misconduct and Former law- provides Provincial Governor power of
dishonesty in office. Such act alleged constituted connivance with certain preemptive suspension
private individuals, to cut and fell timber and selling of the timber
 Castillo filed petition ordering the immediate suspension of Sarcos from BUT, new law- REPEALED +RENDERS THE POWER NO
position as Mayor saying that the acts committed by mayor Sarcos affects MORE
his official integrity, the petition was in accordance with the Sec.5 of RA
5185- Decentralization Act of 1967.
 WON Provincial Governor is vested power to order preventive suspension
of Mayor Sarcos under RA 5185
 NO.
 former law Sec. 2188 of Rev. Adm. Code which gives power to the
Governor to
order preventive suspension, however, it was already repealed by the
Decentralization Act of 1967.

Erectors Inc. V. NLRC  Burgos filed wiht the Labor Arbiter a complaint for underpayment of Rule is that jurisdiction over the subject matter is
determined by the law in force at the time of the
wages and non-payment of overtime pay and bonus. commencement of the action.

 While his case was still in conciliation stage, EO 797 creating POEA
was established Sec 4(a) of E) 797 vested the POEA with "original and
exclusive jurisdiction over all cases including money claims, involving
employer-employee relationship arising out of or by virtue of any law or
contract involving Filipino workers for overseas employment.
 Issue on Jurisdiction (Labor Arbiter vs POEA)
At the time of the filing of the complaint, the Labor
Arbiter had clear jurisdiction over the same. > prevailing
laws were Presidential Decree No. 1691 and Presidential
Decree No. 1391 > vest to Ministry of Labor and Labor
Arbiter

 Whether or not EO 797 applies retroactively to affect pending cases,

including the complaint filed by Burgos.
NO

b. Revisions and Codifications

Revisions and Codifications
Mon  A civil case against Municipal Judge and Benares was filed alleging that the said judge had o jurisdiction to take cognizance of the criminal case. In the
telib interpretati
ano on of
v.  Whether or not the municipal court may entertain the criminal case relying upon CA 326, section 22 (Charter of the City of Bacolod) which provides that reenacted
Ferr the City Attorney shall charge of the prosecution of all crimes, misdemeanors, and violations of city ordinances, in the Court of First Instance and the statutes the
er court will
Municipal Court of Bacolod. follow the
16
  No, the Judge of Municipal Court has no jurisdiction over the case. constructio
n which
 The provisions of the City Charter of Manil,a Bacolod on the same subject are identically worded, hence they should receive the same construction. they
received
when
previously
in force

in the City
of Manila,
criminal
complaints
may be
filed only
with the
City Fiscal
who is
given the
exclusive
authority
to institute
criminal
cases in the
different
courts of
said city,
under the
provisions
of its
Charter
Ame  American Bible Society has been distributing and selling bibles and/or gospel portions throughout the Philippines and translating the same into several Under Sec.
rican Philippine dialect 1 of
Bible  Treasurer of Manila informed American Bible Society that it was violating several Ordinances for operating without the necessary permit and license, Ordinance
Soci thereby requiring the corporation to secure the permit and license fees covering the period from 4Q 1945-2Q 1953 3000, one
ety  American Bible filed a complaint, questioning the constitutionality and legality of the Ordinances 2529 and 3000, and prayed for a refund. Contending of the
v. since 1899 they were not required to pay any license fee or sales tax ordinance
Mani  The price asked for the bibles and other religious pamphlets was in some instances a little bit higher than the actual cost of the same but this cannot mean in question,
la that American Bible Society was engaged in the business or occupation of selling said "merchandise" for profit person or
entity
engaged in
any of the
business,
trades or
occupation
enumerate
d under
Sec. 3 must
obtain a

17
Mayor’s
permit and
license
from the
City
Treasurer

Sec. 27(e)
of
Commonw
ealth Act
No. 466 or
the
National
Internal
Revenue
Code,Corpo
rations or
association
s organized
and
operated
exclusively
for religiou
s,
charitable,
… shall not
be taxed

Therefore,
the
Ordinance
cannot be
applied for
in doing so
it would
impair
American
Bible
Society’s
free
exercise
and
enjoyment
of its
religious
profession
and

18
 worship as
well as its
rights of
disseminati
on of
religious
beliefs.

Abs-  Abs-cbn paid rentals after withholding income tax of 30%of one-half of the film rentals. Rulings or
cbn  On 27 June 1968, RA 5431 amended Section 24 (b) of the Tax Code increasing the tax rate from 30% to 35% and revising the tax basis from “such circulars
broa amount” referring to rents, etc. to “gross income.” In 1971, the Commissioner issued a letter of assessment and demand for deficiency withholding promulgate
dcas income tax for years 1965 to 1968 d by the
ting  Whether Revenue Memorandum Circular 4-71, revoking General Circular V-334, may be retroactively applied. Commissio
Com ner have
pany no
v. CA retroactive
application
where to so
apply them
would be
prejudicial
to
taxpayers.
Ortiz  petitioner was appointed as COMELEC Commissioner by then President Marcos for a term expiring on May 17, 1992. REMEDIAL
v.  Following the installation of the Aquino government, the petitioner submitted a "courtesy resignation" which was accepted by President Aquino LAW-
Com  petitioner requested for payment of retirement benefits by invoking RA 1568, as amended by RA 3595 and re-enacted by RA 6118 which
elec  Denied by Comelec should be
 Whether or not the petitioner is entitled to retirement benefits as provided by RA 1568 and re-enacted by RA 6118. liberally
 YES construed
and
administer
ed in favor
of the
persons
intended to
benefit
thereby.

19
 liberal
approach
aims to
achieve the
humanitari
an
purposes of
the law in
order that
the
efficiency,
security
and well-
being of
governmen
t
employees
may be
enhanced.

Mec  Mecano is a Director II of the NBI. The

ano  he incurred medical and hospitalization expenses, the total amount of which he is claiming from the COA. on the ground that he is entitled to the benefits question of
v. under Section 699 of the RAC, the pertinent provisions of which read: Sec. 699. Allowances in case of injury, death, or sickness incurred in performance of whether a
COA duty. particular
 Undersecretary of Justice Bello III having considered the statements of the Chairman of the COA to the effect that the RAC being relied upon was law has
repealed by the Administrative Code of 1987. been
 RAC had been repealed by the Administrative Code of 1987, solely for the reason that the same section was not restated nor re-enacted in the repealed or
Administrative Code of 1987 not by a
 The question of whether a particular law has been repealed or not by a subsequent law is a matter of legislative intent.WON the Administrative Code of subsequent
1987 repealed or abrogated Section 699 of the RAC law is a
 NO matter of
legislative
intent.

There are two categories of repeal by implication. Express or

1. Where provisions in the two acts on the same subject matter are in an irreconcilable conflict, the later act to the extent of the conflict constitutes an implied implied
repeal of the earlier one.
2. If the later act covers the whole subject of the earlier one and is clearly intended as a substitute, it will operate to repeal the earlier law. A
declaration
 Comparing the two Codes, it is apparent that the new Code does not cover nor attempt to cover the entire subject matter of the old Code. There are in a statute,
several matters treated in the old Code which are not found in the new Code, such as the provisions on notaries public, the leave law, the public bonding usually in
law, military reservations, claims for sickness benefits under Section 699, and still others its
repealing
clause, that
a particular
and
specific

20
 law,
identified
by its
number or
title, is
repealed is
an express
repeal; all
others are
implied
repeals

a well-
settled rule
of statutory
constructio
n that
repeals of
statutes by
implication
are not
favored. 20
The
presumptio
n is against
inconsisten
cy and
repugnanc
y for the
legislature
is
presumed
to know
the existing
laws on the
subject and
not to have
enacted
inconsisten
t or
conflicting
statutes.

c. Repeals
Civil Code - 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.

21
 Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution.

Admin Code, Book1 Chapter 5, Sec. 21 & 22

SECTION 21. No Implied Revival of Repealed Law.—When a law which expressly repeals a prior law is 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.

Repeals
US v. Soliman  The trial judge who presided in the former case acquitted him on the
ground that there was room for reasonable doubt. Soliman is however,
guilty of perjury as defined and penalized in Section 3 of Act No. 1697.
 since judgement was entered on November 1915, section 3 of Act No.
1697 was expressly repealed by the enactment of the Administrative Code
which was effective on july 1, 1916
 the repeal of the statute should be held to have the effect of remitting and
extinguishing the criminal liability of the accused incurred under the
provisions of the repealed law prior to the enactment of the
Administrative Code.
 Whether or not the repeal of Section 3 of Act No. 1697 by the enactment of
the Administrative code had the effect of providing new and distinct
penalties for the commission of the crime of perjury.
Section 3 of Act No. 1697, which defined and penalized
the crime of perjury, repealed the provisions of the Penal
Code defining and penalizing the crime of perjury, not
expressly, but by implication, and we are of opinion that
the repeal of Act No. 1697 revived those provisions of the
code
The old rule continues in force where a law which repeals
a prior law, not expressly but by implication, it itself
repealed; and that in such cases the repeal of the
repealing law revives the prior law, unless the language of
the repealing statute provides otherwise
In the case at bar, the express repeal of section 3 of Act
No. 1697 by the enactment of the Administrative Code
(Act No. 2657) revived the provisions of the Penal Code
touching perjury, which were themselves repealed, not
expressly but by implication, by the enactment of Act No.
1697.

Iloilo Palay Planters v. Feliciano
 Jose Y. Feliciano, Chairman and General Manager of the Rice and Corn
Administration, wrote the President of the Philippines urging the
immediate importation of 595,400 metric tons of rice
 According to Iloio Planters, RA 2207 which provides that should there be
an existing or imminent shortage in the local supply of rice of suh gravity
as to constitute a national emergency and certified by the NEC, the
president may authorize such importation thru any government agency he
may designate - is repealed by RA 3452.
 RA 2207 which allows importation of rice by government agency during
national emergency is repealed by RA 3452
 No, RA 2207 is not repealed by RA 3452.
 TWO laws are geared towards the same ultimate objective
This repealing clause is not an express repealing clause
because it fails to identify or designate the act/s that are
intended to be repealed
It is a clause which predicates the intended repeal upon
the condition that a substantial conflict must be found in
existing and prior acts.
Such being the case, the presumption against implied
repeals and the rule against strict construction regarding
implied repeals apply

 one is by a total ban of rice importation and the other by a partial ban, the
same being applicable only to the government during normal period. Also,
RA 3452 only authorizes importation during normal times, but when
there is shortage in the local supply of sucy gravity as to constitute a

22
 national emergency, we have to turn to RA 2207. These two laws are
therefore not inconsistent and so implied repeal does not ensue.

Lagman v. Manila  WON R.A. no. 409, as amended (Revised charter of the City of Manila)
prevails over Commonwealth Act no. 598 and Public Service law (C.A. no.
146, as amended)?
 Republic act no. 409 prevails. The said act is a special law and of later
enactment than C.A. no 548 and the Public Service law (C.A. no 146, as
amended) so that even if a conflict exist between the provisions of the
former and the latter acts, Republic Act no. 409 should prevail.
NAPOCOR v. Arca
Gaerlan v. Catubig Whether or not Section 12 of RA 170 (23 years of age) should give way to Section 6
of RA 2259 (25 years of age).
No. Section 6 of RA 2259 (25 years of age) should prevail. RA 484 amending Section
12 of the Dagupan City Charter (RA 170), took effect on June 10, 1950 whereas RA
2259 became law on June 10, 1959.
The discussions on the floor of Congress show beyond doubt that its members
intended to amend or repeal all provisions of special laws inconsistent with the
provisions of Republic Act No. 2259,
People v. Pimentel 1983, Tujan was charged with Subversion under RA 1700 ( Anti-Subversion Law)
Seven years after, Tujan was arrested on the basis of warrant of arrest
Whether or not RA 7363 (An Act Repealing RA 1700) should be applied
retroactively to Tujan.
- Yes, RA 7363 should be applied retroactively. The repeal by said law of RA 1700,
as amended was absolute. There was no saving clause in the repeal.
Later law prevails over the previous law
General law v. specific law
General came after= does not automatically repeal the
specific law
well-settled ruled that a” special statute,
providing for a particular case or class of cases or alter
is manifest, although the terms of the general law are
broad enough to include the cases embraced in the
law”. (Manila Railroad Company v. Rafferty)
when there are two statutes. The earlier special and
the later general, the terms of the general broad enough to
include the matter provided for in the special, the fact that
one is special and the other is general creates a
presumption that the special is to be considered as
remaining an exception to the general; one as a general
law of the land, the other as the law of a particular case.
(Manila Railroad Company v. Rafferty)
The question whether or not a special law has been
repealed or amended by one or more subsequent general
laws is dependedt mainly upon the intent of Congress in
enacting the latter.
its charger provision on the age limit is thereby repealed.
This is because the last statute si so broad in terms and so
clear and explicit in its words so as to show that it was
intended to cover the whole subject and therefore to
displace the prior staute.
repeal of a penal law is total and absolute and the act
which was penalized by a prior law ceases to be criminal
under the new law, the previous offense is obliterated. It
is a recognized rule in this jurisdiction that a total repeal
deprives the courts of jurisdiction to try, convict and
sentence persons charged with violation of the old law
prior to the repeal.
FAVORABLE TO THE ACCUSED
23
 Hagad v. Gozo-dadole
Republic v. Marcopper Mining
Corp.
VI. AIDS TO CONSTRUTION
d. Intrinsic Aid
i. Title
Intrinsic Aid-Title
Central Capiz v. Ramirez
There respondents were charged with having violated R.A. No. 3019 (Anti-Graft and
Corrupt Practices Act), as amended,Articles 170 (falsification of legislative
documents) and 171 (falsification by public officers) of the Revised Penal Code;
Ombudsman under RA 6770 (Ombudsman Act of 1898) has been divested of his
authority to conduct administrative investigations over local elective official by
virtue of subsequent enactment of RA 7160.
No. The authority of the Ombudsman over local officials pursuant to RA 6770 is not
removed by LG Code of 1991.
There is nothing in the Local Government Code to indicate that it has repealed,
whether expressly or impliedly, the pertinent provisions of the Ombudsman Act.
Court of Appeals erred in ruling that Republic Act No. 7942 (otherwise known as
the Philippine Mining Act of 1995) repealed the provisions of Republic Act No.
3931, as amended by Presidential Decree No. 984, (otherwise known as the
National Pollution Control Decree of 1976), with respect to the power and function
of petitioner Pollution Adjudication Board to issue, renew or deny permits for the
discharge of the mine tailings.
we hold that the provisions of RA 7942 do not necessarily repeal RA 3931, as
amended by PD 984 and EO 192. RA 7942 does not contain any provision which
categorically and expressly repeals the provisions of the Pollution Control
Law. Neither could there be an implied repeal.
here is no genuine conflict between RA 7942 and RA 3931 as amended by PD 984
that precludes their co-existence. Moreover, it has to be conceded that there was no
intent on the part of the legislature to repeal the said law. There is nothing in the
sponsorship speech[25] of the laws proponent, Representative Renato Yap, and the
deliberations that followed thereafter, to indicate a legislative intent to repeal the
pollution law. Instead, it appears that the legislature intended tomaximize the
exploration, development and utilization of the countrys mineral resources to
contribute to the achievement of national economic and social development with
due regard to the social and environmental cost implications relative thereto.
 Ana Ramirez, contracted with the petitioner, Central Capiz, to supply the
latter with sugar cane
 the respondent refused to continue with her contract obligations in the
view that it violates Act No. 2874, “An Act To Amend And Compile the
Laws Relating to Lands Of The Public Domain, And For Other Purposes.”
The two statutes on the specific matter in question are
not so inconsistent, let alone irreconcilable, as to compel
us to only uphold one and strike down the other .
Well settled is the rule that repeals of laws by implication
are not favored, 16 and that courts must generally assume
their congruent application. The two laws must be
absolutely incompatible, and a clear finding thereof must
surface, before the inference of implied repeal may be
drawn.
The fundament is that the legislature should be
presumed to have known the existing laws on the subject
and not to have enacted conflicting statutes. Hence, all
doubts must be resolved against any implied repeal, and
all efforts should be exerted in order to harmonize and
give effect to all laws on the subject.
It is well-settled that repeals of laws by implication are
not favored and that courts must generally assume their
congruent application.
The two laws must be absolutely incompatible, and a
clear finding thereof must surface, before the inference of
implied repeal may be drawn. The rule is expressed in the
maxim, interpretare et concordare leqibus est optimus
interpretendi, i.e., every statute must be so interpreted
and brought into accord with other laws aas to form a
uniform system of jurisprudence. The fundament is that
the legislature should be presumed to have known the
existing laws on the subject and not have enacted
conflicting statutes. Hence, all doubts must be resolved
against any implied repeal, and all efforts should be
exerted in order to harmonize and give effect to all laws
on the subject
The Title of the Act is indicative of such legislative
intent.
The phrase “and for other purposes” contained in the title
of the Act must be discarded and treated as non-existent,
24
  Both parties concede that the land involved is a private agricultural land without force and effect, as it violates the single subject
and raises the question whether such land is within the scope of Act No. requirement.
2874.

Whether or not the private agricultural land of the respondent is within the scope of
Act No. 2874.
 NO
 purpose of the Legislature in enacting 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
 Said act, by express provisions of Sections 4, 5, 67 and 105, does not apply
to lands privately owned by the government. The Act nowhere contains
any direct or express provision applying its terms to privately owned
lands. The court holds, therefore, that the purpose of the Legislature in
adopting Act No. 2874 was and is to limit its application to lands of
the public domain, and that lands held in private ownership are not
included therein and are not affected in any manner whatsoever.

ii. Preamble
Preamble
People v. Purisima  charging the respective accused with "illegal possession of deadly The problem of determining what acts fall within the
weapon" in violation of Presidential Decree No. 9 purview of a statute, it becomes necessary to inquire into
 Dismissed =the Information did not allege facts which constitute the the intent and spirit of the decree and this can be
offense penalized by Presidential Decree No. 9 because it failed to state found among others in the preamble or, whereas"
one essential element of the crime. clauses which enumerate the facts or events which justify
the promulgation of the decree and the stiff sanctions
stated therein.

It is a salutary principle in statutory construction that

there exists a valid presumption that undesirable
consequences were never intended by a legislative
measure, and that a construction of which the statute is
fairly susceptible is favored, which will avoid all
objectionable, mischievous, indefensible, wrongful, evil,
and injurious consequence

iii. Punctuation Marks

Punctuation Marks
US v. Hart  appellants, Hart, Miller, and Natividad charged of vagrancy
 It is insisted by the Attorney-General that as visible means of support
would not be a bar to a conviction under any one of the last four clauses of
this act, it was not the intention of the Legislature to limit the crime of
vagrancy to those having no visible means of support. > WRONG
The construction finally adopted should be based upon
something more substantial than the mere punctuation
found in the printed Act. If the punctuation of the
statute gives it a meaning which is reasonable and in
apparent accord with the legislative will, it may be
used as an additional argument for adopting the
literal meaning of the words of the statute as thus
punctuated.

25
  When the meaning of a legislative enactment is in question, it is the duty
of the courts to ascertain, if possible, the true legislative intention, and
adopt that construction of the statute which will give it effect
 acquitted
But 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.

iv. Definition Sections and Interpretation Clauses

Definition Section and Interpretation Clauses
People v. Buenviaje  defendant is accused of the violation of the Medical Act Statutory Definition prevails over ordinary meaning
 appellant argues in substance that chiropractic has nothing to do with
medicine and that the practice of that profession can therefore not be
regarded as practice of medicine. ; The appellant contends that the
prohibition in section 783 against the unauthorized use of the title
"doctor" must be understood to refer to "Doctor of Medicine" and has no
application to doctors of chiropractic.

 INVALID contention of appellant

 Assuming without conceding that chiropractic does not fall within the
term "practice of medicine" in its ordinary acceptation, we have the
statutory definition contained in section 770 of the Administrative Code
and which clearly includes the manipulations employed in chiropractic.
The statutory definition necessarily prevails over the ordinary one.
 Chiropractic is by statute made a form of the practice of medicine, it
necessarily follows that a person holding himself out as a doctor of
chiropractic in legal effect represents himself as a doctor of medicine.

v. Capitalization of Letters
Capitalization of Letters
Unabia v. City Mayor  Case of appeal for reinstatement of a foreman and city health officer, Capital “C” and “S” in the words “Civil Service” were used
removed by the City Mayor in the Constitution to indicate the group.
 Contention: the use of capitals in the words “Civil Service” in section 1 and
4 of Article XII of the Constitution VERSUS We see no difference between the use of capitals in the
the use of small letters for the same words, “civil service,” in section 670, former and of small letters in the latter. There is no
Revised Administrative Code, > indicates that only those pertaining to the reason for excluding persons in the unclassified service
classified service are protected in the above-mentioned sections of the from the benefits extended to those belonging to the
Constitution classified service.
-Wrong Interpretation
Both are expressly declared to belong to the Civil
Service; hence, the same rights and privileges should be
accorded to both.

Persons in the unclassified service are so designated

because the nature of their work and qualifications are
not subject to classification, which is not true of those
appointed to the classified service.

26
 This cannot be a valid reason for denying privileges to
the former that are granted the latter.

e. Extrinsic Aid
i. Legislative History prior to Enactment
ii. Contemporaneous Circumstance
Extrinsic Aid- Contemporaneous Circumstance
Philippine Sugar Centrals -wharfage fee on P1 per ton= although no wharf during 19001- the fee is considered same principle is laid down in Molina vs. Rafferty:
Agency v. Collector of Customs as a trust fund for the establishment of wharf in PH Ports
intent of the legislature should be sought in the words
it was the purpose and intent of the act in question to give the Government of the employed to express it, and that when found it should be
Philippine Islands authority to levy and collect such a duty of $1 per gross ton, and made to govern, . . . if the words of the law seem to be
that the money derived from such sources should be used, deemed and treated as a doubtful import, it may then perhaps become necessary
trust fund, for the purpose of acquiring and constructing wharves by the to look beyond them in order to ascertain what was in the
Government of the Philippine Islands. In truth and in fact, that is what has been legislative mind at the time the law was enacted; what the
done in all of its principal ports of entry. circumstances were, under which the action was taken;
what evil, if any, was meant to be redressed;

And where the law has contemporaneously been put into

operation, and in doing so a construction has necessarily
been put upon it, this construction, especially if followed
for some considerable period, is entitled to great respect,
as being very probably a true expression of the legislative
purpose, and is not lightly to be overruled, although it is
not conclusive.

Courts will give weight to the contemporaneous

construction placed upon a statute by the executive
officers whose duty it is so enforce it, and, unless such
interpretation is clearly erroneous, will ordinarily be
controlled thereby.

iii. Policy
Policy
Sarcos v. Castillo  Castillo charged Sarcos with misconduct and
dishonesty in office. Such act alleged constituted connivance with certain
private individuals, to cut and fell timber and selling of the timber
 Castillo filed petition ordering the immediate suspension of Sarcos from
position as Mayor saying that the acts committed by mayor Sarcos affects
his official integrity, the petition was in accordance with the Sec.5 of RA
5185- Decentralization Act of 1967.
 WON Provincial Governor is vested power to order preventive suspension
of Mayor Sarcos under RA 5185
 NO.
former law Sec. 2188 of Rev. Adm. Code which gives power to the Governor to
order preventive suspension, however, it was already repealed by the
Decentralization Act of 1967.
Here, clearly, no such authority is vested in the provincial
governor. Instead, the statutory scheme, complete on its
face, would locate such power in the provincial board.
There would be no support for the view, then, that the
action taken by the provincial governor in issuing the
order of preventive suspension in this case was in
accordance with law.
Moreover, any other view would be to betray lack of
fidelity to the purpose so manifest in the controlling legal
provision. It is fundamental that once the policy or
purpose of the law has been ascertained, effect should
be given to it by the judiciary. From Ty Sue v.

27

iv. Legislative History of Statute
Legislative History of Statute
Oliva v. Lamadrid  parcel of land which he mortgaged
 Having defaulted in the payment of the loan, the property was foreclosed
and sold
 under RA 720, the land could be redeemed two (2) years after the sale,
Feb. 4 1963. No redemption was made within that time.
 On May 31 1963, Plaintiff offered to repurchase, claiming that
under C.A. No. 141, he was entitled to repurchase the land, not two (2), but
five (5) years after the title was sold because he was a holder of a free
patent and torrens title.
v. Contemporaneous and Practical Construction
Contemporaneous and Practical Construction
Nestle v. CA  Nestle Philippines increased its authorized capital stocks from P300
million divided into 3 million shares to P600 million divided into 6 million
shares
 They assert that SEC could not collect fees for the “sae transaction” twice.
Hord, 12 decided in 1909, it has been our constant holding
that the choice between conflicting theories falls on that
which best accords with the letter of the law and with its
purpose.
Where the general law is the Commonwealth Act and the
specific law is the Republic Act, they should be unified,
and should abide by the conditions of the times.
legislative history of the bills shows that the original
proposal was to give homesteaders or free patent holders
a period of ten (10) years within which to redeem their
property foreclosed by rural banks; that this proposal
was eventually found to be unwise, because its effect
would have been to dissuade rural banks from granting
loans to homesteaders or free patent holders — which
were sought to be liberalized — said period of
redemption being too long, from the viewpoint of said
banks; and that, 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
well-established rule that the construction of an
administrative agency charged to interpret and apply a
certain statute is entitled to great respect and should be
accorded with great weight by the courts, unless there is a
clear conflict with its construction with statute or the
Constitution.
reading by the SEC of the scope of application of the
provision of the Revised Securities Act permits greater
opportunity for the SEC to implement the statutory
objective of protecting the investing public by requiring
proposed issuers of capital stock to inform such public of
the true financial conditions and prospects of the
corporation. By limiting the class of exempt transaction,
SEC is enabled to examine issuances by corporation
28
 vi. Other aids (dictionaries, documents, scientific and political writing, legal treatises etc.)
VII. OBJECTS AND METHODS OF CONSTRUCTION
a. Verba Legis – literal interpretation/ PLAIN MEANING RULE
Verba Legis- Literal Interpretation/ plain meaning rule
Colgate Palmolive Phils. V.  Colgate-Palmolive Philippines imported from abroad various materials
Gimenez such as irish moss extract, sodium benzoate, sodium saccharinate
 petitioner paid to the Central Bank of the Philippines the 17% special
excise tax, pursuant to Republic Act No. 601, as amended, commonly
known as the Exchange Tax Law
 three applications for refund of the 17% special excise tax it had paid.>
Denied by Auditor of Central bank> theory that toothpaste stabilizers and
flavors are not exempt under section 2 of the Exchange Tax Law.
 maintaining that the term “stabilizer and flavors” mentioned in section 2
of the Exchange Tax Law refers only to those used in the preparation or
manufacture of food or food products
WON importation of dental cream stabilizers and flavors is exempt from the 17%
special excise tax imposed by the Exchange Tax Law (Republic Act No. 601).
 YES
b. Ratio Legis - Spirit and Reason of the law/ GOLDEN RULE
Ratio Legis – interpretation of the spirit and reason of the law/ golden rule
Hidalgo v. Hidalgo Sale of Land, without fulfilling all requirements
Whether or not the plaintiffs as share tenants are entitled to redeem the parcel of
land they are working form the purchases thereof, where no notice was previously
given to them by the vendor, who was their landholder of the latter's intention to
sell the property and where the vendor did not execute the affidavit required by
Section 13 of RA 3844 before the registration of the deed of sale.
The code intended to afford the farmers' who transitionally continued to be share
tenants after its enactment but who inexorably would be agricultural lessees by
virtue of the Code's proclaimed abolition of tenancy, the same priority and
preferential right as those other share tenants, who upon the enactment of the Code
or soon thereafter were earlier converted by fortuitous circumstance into
agricultural lessees, to acquire the lands under their cultivation in the event of their
voluntary sale by the owner or of their acquisition, by expropriation or otherwise,
by the Land Authority
c. Mens Legislatoris – MISCHIEF RULE
Mens Legislatoris/Mischief rule
US v. Toribo Slaughtering of carabao; two interpretations
 appellant slaughtered carabao for human consumption
The rule : “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.” is applicable only to cases
where items in an enumeration belong to or fall under
one specific class
Different in the Case at Bar:
- true that the term “stabilizer and flavors” 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.
-the term was followed by food and food product, but also
followed by items not considered in the same
classification
It then becomes the court's duty to enforce the intent and
will of the Code, for "... (I)n fact, the spirit or intention of a
statute prevails over the letter thereof.' (Tañada vs.
Cuenco, L-10520, Feb. 23, 1957, citing 82 C.J.S., p. 526.)
A statute 'should be construed according to its spirit or
intention, disregarding as far as necessary, the letter of
the law.' (Lopez & Sons, Inc. vs. Court of Tax Appeals, 100
Phil. 855.)
By this, we do not correct the act of the Legislature, but
rather ... carry out and give due course to 'its intent.
Where the language of a statute is fairly susceptible of
two or more constructions, that 1. construction should
be adopted which will most tend to give effect to the
29

Macabenta v. Davao Stevedore
Terminal Co.
d. Equity of the Statute
Equity of the Statute
Amatan v. Aujero
 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.
 It appears that there is no municipal slaughterhouse
 Under such circumstances the provisions of Act No. 1147 do not prohibit
nor penalize the slaughter of large cattle without a permit of the municipal
treasure.
Sections 30 and 33 prohibit and penalize the slaughter for human consumption or
killing for food at a municipal slaughterhouse of such animals without a permit
issued by the municipal treasurer
Stevedore accident
 Macabenta was a laborer in the sawmill of the Davao Stevedore Terminal
Company
 On the day following the accident, Conrado and Leonora were lawfully
wedded in a marriage ceremony solemnized at San Pedro Hospital,
 Leonora gave birth to the posthumous daughter at the deceased named
Raquel.
Are they considered dependents under the Worker’s Compensation Act?
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.
Actually killed> plead Guilty + Judge accepted Attempted Homicide
Rule 116 of the 1985 Revised Rules of Criminal Procedure - which allows an
accused with the consent of the offended party, to plead guilty to a lesser offense,
regardless of whether or not such offense is necessarily included in the crime
charged,
Whether or not Judge Aujero is administratively liable for gross ignorance of the
law.
Yes
The fact of death of the victim for which the accused Rodrigo Umpad was criminally
liable, cannot by simple logic and plain common sense be reconciled with the plea
of guilty to the lower offense of attempted homicide.
manifest intent of the lawmaker and promote the object
for which the statute was enacted, and
2. 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
Assuming a choice is necessary between conflicting
theories, that which best conforms to the language of the
statute and its purpose should prevail.
US v. Toribio, SC held that no construction is to be
adopted that would tend "to defeat the purpose and
object of the legislator."
where a literal application of a provision of law would
lead to injustice, judges to take principles of right and
justice at heart
In case of doubt the intent is to promote right and
justice.
Stated differently, when a provision of law is silent or
ambiguous, judges ought to invoke a solution responsive
to the vehement urge of conscience.
The failure to recognize such principles so cardinal to our
body of laws amounts to ignorance of the law and reflects
respondent judge's lack of prudence, if not competence, in
the performance of his duties.
30
 The crime of homicide as defined in Article 249 of the Revised Penal Code
necessarily produces death; attempted homicide does not. Concededly, hiatus in the
law exists in the case before us,

VIII. INTERPRETATION AND CONSTRUCTION IN RELATION TO LANGUAGE OF THE STATUTE

a. Interpretation and Construction in relation to Language of the Statute Rule
- A word or phrase used in a statute may have an ordinary, generic, restricted, technical, legal, commercial or trade meaning.

-In interpreting the meaning and scope of a term used in the law, a careful review of the whole law involved, including its intent, should be done and not an isolated part of a
particular provision alone must be made. (Alpha Investigation v. NLRC 272 SCRA 653)

Interpretation and Construction in relation to Language of the Statute Rule

Kuenzls & Streiff v. Collector of
Customs
Agent; Authorized; Protest
 plaintiff imported certain goods, wares, and merchandise into the
Philippines
 Collector of Customs at the port of Manila appraised said merchandise
question of whether who is authorized to sign protests
filed against the customs house. Nothing in the act which
requires the agent to be appointed pursuant to a certain
formality. Sufficient if the appointment clearly indicates
that the person so appointed is the agent with the
necessary powers. No requirement under the law for the
appointment paper to be notarized.

Song Kiat Chocolate Factory v.
Central Bank of the Phil.
Tan, et. al. v. People
Cocoo Beans considered as Chocolate the legal exemption refers to "chocolate" not the bean,
nor the nut nor the tree.
 plaintiff appellant imported sun dried cocoa beans for which it paid the
foreign exchange tax of 17 per cent The legal exemption refers to “chocolate”, not the bean,
 Claiming exemption from said tax under section 2 nut or the tree. “Chocolate” is a preparation of roasted
 In support of its contention appellant quotes from dictionaries and cacao beans without the abstraction of the butter and
encyclopedias interchangeably using the words "chocolate", "cacao" and always contains sugar and added cacao butter.
"cocoa". Yet we notice that the quotations refer to "cocoa" as chocolate
nut" "chocolate bean" or "chocolate tree."
Lumber; Timber Clearly, the Code uses the term lumber in its ordinary or
common usage. To exclude possession of "lumber" from
 Forest Guards Panadero and Rabino apprehended another dump truck the acts penalized in Section 68 would emasculate the law
with Plate No. DEK-646 loaded with tanguile lumber. Said truck was itself.
driven by Crispin Cabudol, also an employee of A & E Construction. Both
motor vehicles, as well as the construction firm, were owned by Petitioner
Alejandro Tan. In both instances, no documents showing legal possession
of the lumber were, upon demand, presented to the forest guards; thus,
the pieces of lumber were confiscated.

 Whether or not "lumber" is to be construed as "timber" and/or forest

product within the contemplation of PD 705.
 YES. In Mustang Lumber Inc v. CA, Supreme Court held that lumber is
included in the term timber. Lumber is a processed log or processed forest
raw material.

b. Terms with Legal Meaning

31
 - words that have, or have been used in, a technical sense or those that have been judicially construed to have a certain meaning should be interpreted according to the sense in
which they have been previously used, although the sense may vary from the strict or literal meaning of the words.

Terms with Legal Meaning

Bernardo v. Bernardo
Bona Fide
 Republic of the Philippines purchased from Roman Catholic Church the
estate known as the "Capelania de Tambobong"
 Commonwealth Act No. 539 authorizes the expropriation or purchase of
private lands and that lands acquired thereunder should be subdivided
into lots, for resale at reasonable prices to " their bona fide tenants or
occupants."
Whether or not the petitioners are bona fide occupants of the lot in question.
 No, Enrique does not come under the description of bona fide tenant or
occupant employed in the statute.
bona fide occupant" (admittedly petitioner is not a
tenant) has been defined as "one who supposes he has a
good title and knows of no adverse claim" (Philips vs.
Stroup, 17 Atl. 220,221)
"one who not only honestly supposes himself to be
vested with true title but is ignorant that the title is
contested by any other person claiming a superior right
to it" (Gresham vs. Ware)
It is also in contrary that the words "bona fide occupants"
employed in the Commonwealth Acts are equivalent to
"actual" occupants. The first reason is that Section 7 of
Act 1170 of the old Philippine Legislature, employs the
terms "actual bona fide settlers and occupants", plainly
indicating that "actual" and "bona fide" are not
synonymous,

c. Terms with Multiple Meaning

-
Terms with Multiple Meaning
Malayaon v. Lising
Dismissal Mayor; Not Aquittal Dismissal of the case against the suspended officer will
not suffice because dismissal does not amount to
 Mayor Pontanal was charged with violation of RA 3019 (Anti-Graft and acquittal.
Corrupt Practices Act).
 The case was dismissed due to his death.
 Family filed for claim of salary.
 Because if there is acquittal, official shall be entitled to the reinstatement
of salaries and benefits due him during the suspension.
 Judge Lising dismissed the action on the ground that the criminal case
against Mayor Pontanal due to his death amounted to acquittal.

Whether or not the dismissal of the case due to the death of the accused constitutes
acquittal.
 No. The statute speaks of the suspended officer being "acquitted". It means
that after due hearing and consideration of the evidence against him the
court is of the opinion that his guilt has not been proved beyond
reasonable doubt.
 SC: no acquittal, just dismissal. Hence, heirs not entitled to the salaries and
benefits

d. Doctrine of Associated Words/ Noscitur a Sociis

32
 - Where a particular word or phrase is ambiguous in itself or is equally susceptible of various meanings, its correct construction may be made clear and specific by considering
the company of words in which it is found or with which it is associated.

Doctrine of Associated Words/ Noscitur a Sociis

Buenaseda v. Flavier
Ombudsman All the words associated with the word "suspension" in
said provision referred to penalties in administrative
 NCMH Nurses Association (NCMH) filed a case of graft and corruption cases, e.g. removal, demotion, fine, censure.
against Dr. Brigida Buenaseda and several other government officials of
the Department of Health (DOH). The Ombudsman (then Conrado Under the rule of Noscitor a sociis, the word "suspension"
Vasquez), ordered the suspension of Buenaseda et al. should be given the same sense as the other words with
 Buenaseda’s lawyers as he maintained that all the Ombudsman can do is which it is associated.
to recommend suspensions not impose them.
Where a particular word is equally susceptible of various
whether the Ombudsman has the power to preventively suspend erring meanings, its correct construction may be made specific
government officials working in other offices other than the Office of the by considering the company of terms in which it is found
Ombudsman or with which it is associated
 Yes, the Ombudsman may impose suspension orders
 Ombudsman issued is an order of preventive suspension pending the
resolution of the case or investigation thereof. It is not imposing
suspension as a penalty. What the Constitution contemplates that the
Ombudsman may recommend are punitive suspensions.

e. Ejusdem Generis Rule

- where a general word or phrase follows an enumeration of particular and specific words of the same class or where the latter follow 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.
Ejusdem Generis Rule
Vera v. Cuevas Skimmed Milk; Inscription general clause is restricted by the specific term "skimmed
milk" under the familiar rule of ejusdem generis that
 Requirement to put an inscription on all skimmed milks – “This milk is general and unlimited terms are restrained and limited by
not suitable for nourishment for infants less than one year of age," or with the particular terms they follow in the statute.
other equivalent words.
 it seems apparent that Section 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."

f. Expressio Unius Exclusio Alterius Rule

- when one or more things of a class are expressly mentioned others of the same class are excluded
Expressio Unius Exclusio Alterius Rule
San Pablo Manufacturing Corp. Corn Oil
v. CIR
 San Pablo Manufacturing Corporation (SPMC) was assessed a 3% tax on
its sales of corn and edible oil as manufactured products
 Said corn and edible oil products were sold to United Coconut Chemicals
(UNICHEM) who in turn exports these products and sell them abroad.
 SPMC invoked that it is exempt from the tax
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.
Anything that is not included in the enumeration is
excluded therefrom and a meaning that does not appear

33
  Section of the 1987 Tax Code which provides in part:
xxx Provided, however, That this tax shall not apply to rope, coconut oil, palm oil and
the by-product of copra
 SPMC’s interpretation of the law is as follows: - tax exempts manufacturers
who export these edible oil products;and that SPMC is considered to be an
exporter because it sells the oil products to UNICHEM, its purchaser, who
then exports the oil products.
nor is intended or reflected in the very language of the
statute cannot be placed therein. The rule proceeds from
the premise that the legislature would not have made
specific enumerations in a statute if it had the intention
not to restrict its meaning and confine its terms to those
expressly mentioned.

Whether or not SPMC’s interpretation is correct.

 No. Nowhere in the law was “corn oil” included in the enumeration of tax
exempt exported products.

g. Caus Omissus Rule

- a person, object or thing omitted from an enumeration must be held to have been omitted intentionally.
Caus Omissus Rule
People v. Manantan Justice of Peace Rule not correctly applied

 Violation of election code The rule of "casus omisus pro omisso habendus
 Manantan claims that as "justice of peace", the defendant is not one of the est" is likewise invoked by the defendant-
officers enumerated in the said section. appellee. Under the said rule, a person, object or
thing omitted from an enumeration must be held
Is justice of peace included in the prohibition of Section 64 of the Revised Election
to have been omitted intentionally. However, it is
Code
 Yes, it is included in Section 54.
applicable only if the omission has been clearly
 Justices of the peace were expressly included in Section 449 of established
the Revised Administrative Code because the kinds of judges
therein were specified,
 In Section 54, however, there was no necessity therefore to
include justices of the peace in the enumeration because the
legislature had availed itself of the more generic and broader
term, "judge.", which includes all kinds of judges.

h. Ubi Lex Non Distinguit Nec Nos Distinguere Debemos

- “Where the law does not distinguish, neither should we distinguish.
Ubi Lex Non Distinguit Nec Nos Distinguere Debemos
Ramirez v. CA Anti-Wiretapping; Humiliation The aforestated provision clearly and unequivocally
makes it illegal for any person, not authorized by all the
 Ramirez filed a case against Garcia for allegedly insulting and humiliating parties to any private communication to secretly record
her. such communication by means of a tape recorder.
 In support of her claim, she produced a taped conversation between them.

34

i. Doctrine of Last Antecedent
- qualifying words or phrases refer to the language immediately preceding the qualifier, unless common sense shows that it was meant to apply to something more distant or less
obvious. For example, in the phrase "the commercial vehicular license shall not apply to boats, tractors, and trucks under three tons, " the qualifier "under three tons" applies only to trucks
and not to boats or tractors.
Doctrine of Last Antecedent
Florentino v. PNB
Issue: Whether Ramirez violated Republic Act 4200, entitled “An Act to prohibit and The law makes no distinction as to whether the party
penalize wire tapping and other related violations of private communication, and sought to be penalized by the statute ought to be a party
other purposes.” other than or different from those involved in the private
 Yes. Section 1 of R.A. 4200 entitled, ” An Act to Prohibit and Penalized communication. The statute’s intent to penalize all
Wire Tapping and Other Related Violations of Private Communication and persons unauthorized to make such recording is
Other Purposes,” underscored by the use of the qualifier “any”.
Sec. 1. It shall be unlawfull for any person, not being authorized by all
the parties to any private communication or spoken word, to tap any wire
or cable, or by using any other device or arrangement, to secretly
overhear, intercept, or record such communication or spoken word by
using a device commonly known as a dictaphone or dictagraph or
detectaphone or walkie-talkie or tape recorder, or however otherwise
described.
Pay with Backpay Certificate to the Government or to any of its branches or
instrumentalities, or the corporations owned or control by
Whether or not the clause “who may be willing to accept the same for the Government, or to any citizen of the Philippines, or to
settlement” refers to all antecedents mentioned in the last sentence of any association or corporation organized under the laws of
section 2 of Republic Act No. 879. the Philippines, who may be willing to accept the same for
such settlement.
 No. Grammatically, the qualifying clause refers only to the last -grammatical error + error statcon
antecedent; that is, "any citizen of the Philippines or any
association or corporation organized under the laws of the
Philippines." It should be noted that there is a comma before the
words "or to any citizen, etc.," which separates said phrase from
the preceding ones.
 But even disregarding the grammatical construction, to make the
acceptance of the backpay certificates obligatory upon any
citizen, association, or corporation, which are not government
entities or owned or controlled by the government, would render
section 2 of Republic Act No. 897 unconstitutional for it would
amount to an impairment of the obligation of contracts by
compelling private creditors to accept a sort of promissory note
payable within ten years with interest at a rate very much lower
than the current or even the legal one.
 It was also found out in the Congressional Record that the
amendatory bill to Sec. 2 was made which permits the use of
35
 backpay certificates as payment for obligations and indebtedness
in favor of the government

j. 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.

Reddendo Singula Singulis

People v. Tamani 15 days; Promulgation of Judgment; Notice of Order
Tamani was convicted of murder and attempted murder by the lower court on
February 14, 1963. Sec. 6, Rule 122 of the Rules of Court which states that an
appeal must be taken within fifteen (15) days from the promulgation or notice
of the judgment or order appealed from
Using the rule of redden singula singulis, the word
“promulgation” should be construed as referring to
“judgment”, while“notice” should be construed as
referring to“order”.

issue: when to count the 15-day period within which to appeal the judgment of
conviction in a criminal action – whether from the date of promulgation or from the
date of receipt of the notice of judgment.
 Yes. Using the rule of redden singula singulis, the word
“promulgation” should be construed as referring to “judgment”,
while“notice” should be construed as referring to“order”.
 Tamani’s appeal is therefore 58 days late, not47, as Appellees contend; he
only had a dayleft from the receipt of his wife of the notice onJuly 13.
Nonetheless, the court decided to actu p o n t h e a p p e a l a t h a n d
“ t o o b v i a t e a n y possible miscarriage of justice”.

k. Doctrine of Necessary Implication

- what is implied in a statute is as much a part thereof as that which is expressed.
Doctrine of Necessary Implication
DAR v. Philippine
Communications Satellite Corp.
Land; National Security; CARP
 The controversy involves a parcel of land owned by respondent
PHILCOMSAT situated within the area which had been declared a security
zone under Presidential Decree (P.D.) No. 1845, as amended by P.D. No.
1848, entitled Declaring the Area within a Radius of Three Kilometers
surrounding the Satellite Earth Station in Baras, Rizal, a Security Zone
Is the land subject to CARP?
 Yes, the area is exemp from CARP, by virtue of PD declaring it as a security
zone under the Ministry of National defense
 Evident in the wording of the law that the
government recognizes the importance of
PHILCOMSAT’s operation on national security,
thereby necessitating the protection of its
operation
 Thus, 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.

l. Verbal or Clerical Errors

36
Verbal or Clerical Errors
Rufino Lopez & Sons v. CTA
m. Numbers. Genders and Tense
Numbers. Genders and Tense
Santilllon v. Miranda
n. Conjuctive v. Disjunctive Words
-The words “and” and “or” are important in discerning scope. “And” is a conjunctive connector and “or” is a disjunctive connector.
Conjuctive v. Disjunctive Words
Amon Tradig Cop. CA
Error; Collecor of Custom; Customs Commissioner
Rufino Lopez & Sons v. CTA: Lopez & Sons imported hexagonal wire netting from
Hamburg, Germany. The Manila Collector of Customs assessed the corresponding
customs duties on the importation on the basis of consular and supplies invoices.
These were paid. Subsequently, additional customs duties were levied.
Reason supporting that there is clerical error
- collector are just subordinates, any unsettled question> he shall notify the
Commissioner
-Commissioner is the Chief of the Bureau
Any person affected or aggrieved by the decision of the Collector of Customs may
appeal the decision to the Commissioner of Customs. From all this, it is clear if we
followed the literal meaning and wording of section 11 of Republic Act No. 1125, in
the sense that persons affected by a decision of the Collector of Customs may appeal
directly tot he Court of Tax Appeals, then the supervision and control of the
Commissioner of Customs over his Collector of Customs, and his right to review
their decisions upon appeal to him by the persons affected by said decision would,
not only be gravely affected, but even destroyed.
Testamentary succession; plural
Art. 892 of the New Civil Code falls under the chapter on Testamentary Succession;
whereas Art. 996 comes under the chapter on Legal or Intestate Succession. Such
being the case, it is obvious that Claro cannot rely on Art. 892 to support his claim
to 3/4 of his father's estate. Art 892 merely fixes the legitime of the surviving
spouse and Art. 888 thereof, the legitime of children in testate succession
Cement; Refund
 Lines & Spaces, represented by Eleanor Bahia Sanchez, order from
petitioner Amon Trading Corporation, and from Juliana Marketing bags of
cement for Tri-Reality development and construction
 but it found out that both cannot deliver all its balance and refunded the
amount of undelivered bags of cement to Lines and Space , Sanchez had
already fled abroad, private respondent filed this case for sum of money
against petitioners and Lines & Spaces.
SEC. 11. Who may appeal; effect of appeal. — Any person,
association or corporation adversely by a decision or
ruling of the Collector of Internal Revenue, the Collector
of Customs or any provincial or city Board of Assessment
Appeals may file an appeal in the Court of Tax Appeals
within thirty days after the receipt of such decision or
ruling.
Held: A clerical error was committed in section 11,
mentioning therein the Collector of Customs. It should be,
as it was meant to be, the Commissioner of Customs.
One child Surviving. — If there is only one legitimate child
surviving with the spouse, since they share equally, one-half
of the estate goes to the child and the other half goes to the
surviving spouse. Although the law refers to "children or
descendants," the rule in statutory construction that the
plural can be understood to include the singular is applicable
in this case. (Tolentino, Civil Code of the Philippines, Vol. III,
p. 436.)
 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 remiss when they believed
Eleanor Sanchezs 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
37

Use of “Shall” and “May”
Ombudsman v. Macabulos
IX. CONSTRUCTION OF THE STATUTE AS A WHOLE, ITS PART AND OTHER STATUTES
Construction of the Statute as a Whole, its part, and other Statutes
Araneta v. Concepcion
Whether or not Lines & Spaces is the Tri-realty’s agent
 No contract of agency between Tri-realty and Lines & Spaces, but rather a
supplier for the latter’s cement needs.
 Since Line Space is not agent of Tri-realty, no vinculum could be said to exist
between Amon and Tri-realty.
 Therefore Lines & Spaces solely liable to private Tri-realty.
May; Investigation; Ombudsman
 Dr. Virtudes executed a complaint-affidavit charging Dr. Macabulos with
dishonesty, grave misconduct, oppression, conduct grossly prejudicial to
the best interest of the service and acts unbecoming a public official in
violation of the Civil Service Laws and the Code of Conduct and Ethical
Standards for Public Officials and Employees.
 Dr. Macabulos was the Chief of the School Health and Nutrition Unit, while
Dr. Virtudes was Dentist 3.
 Section 20 of RA 6770 reads:
 Sec. 20. Exceptions. The Office of the Ombudsman may not conduct the
necessary investigation of any administrative act or omission complained
of if it believes that:
Legal Separation Case; Six-month Cooling-off Period
 Cooling-off= no hearing of merits on the validity or invalidity of the
ground of legal separation
 Other incidents can be heard – if not; would defeat other provisions
undelivered bags of cement to Lines & Spaces
only.
The use of the word may is ordinarily construed as
permissive or directory, indicating that a matter of
discretion is involved. Thus, the word may, when used in
a statute, does not generally suggest compulsion. 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 rule is that all the provisions of the law even if
apparently contradictory, should be allowed to stand and
given effect by reconciling them if necessary.
“The practical inquiry in litigation is usually to determine
what a particular provision, clause or word means. To
answer it one must proceed as he would with any other
composition — construe it with reference to the leading
idea or purpose of the whole instrument. A statute is
passed as a whole and not in parts or sections and is
animated by one general purpose and intend.
Consequently, each part of section should be construed in
connection with every other part or section so as to
produce a harmonious whole. Thus it is not proper to
confine interpretation to the one section to be construed.”
38

Aboitiz v. City of Cebu
Magtajas v. Pryce Properties
Laguna Lake Development
Authority v. CA
National Tobacco
Administration v. COA
Wharfages Fee On Public Wharves
 Does the City have the right to collect fees on public wharfs
 No. The right to collect the wharfage belongs to the National Government.
It is unreasonable to conclude that the legislature, simply because it
employed the term "public wharves" in section 17 (w) of the charter of the
City of Cebu, thereby authorized the latter to collect wharfage irrespective
of the ownership of the wharves involved. The National Government did
not surrender such ownership to the city; and there is no justifiable
ground to read into the statute an intention to burden shipowners, such as
appellants, with the obligation of paying twice for the same purpose
 Hence, Ordinance No. 207 of the City of Cebu is declared null and void, and
appellees are ordered to refund to appellants all amounts collected
thereunder and to refrain from making such collection.
Casino in Cagayan De Oro
 Invalid ordinance > against the establishment of Casino under P.D
1869
 Contravenes a statute
 Local Government Code, local government units are authorized to prevent
or suppress, among others, "gambling and other prohibited games of
chance." Obviously, this provision excludes games of chance which are not
prohibited but are in fact permitted by law.
LLDA or LGU; issuance of permit
 the LGC do not necessarily repeal the aforementioned laws creating the
LLDA and granting its authority over the Laguna Lake.
 The LGC of 1991 does not contain any express provision which categorically
repeal the charter of LLDA. There was no intent on the part of the legislature
to repeal the RA. The repeal of laws should be made clear and
expressed.
 whether educational assistance given to individuals prior to the
enactment of RA 6758 should be continued to be received?
Yes. Proper interpretation of section12 RA 6758 depends on the combination of first
and second paragraph.
First sentence states that “such other additional compensation not otherwise
specified as may be determined by the DBM shall be deemed included in the
standardized salary rates herein prescribed.” The second sentence states “such other
additional compensation, whether in cash or in kind, being received by incumbents
only as of July 1, 1989 not integrated into the standard shall continue to be
authorized.”
(Southerland, Statutory Construction section 4703, pp.
336-337.)
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. This is a
cardinal rule of statutory construction. 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. Thus an apparently general
provision may have a limited application if viewed
together with other provisions.
Construed in relation to the whole such as it is consistent
and does not contravene the Constitution and Statutes
The repeal of laws should be made clear and
expressed.
well-settled rule that “a special statute, provided for a
particular case or class of cases, is not repealed by a
subsequent statute, general in terms, unless the intent
to repeal, although the terms are broad enough to
include cases embraced in the special law.”
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. A statute must so
construed as to harmonize and give effect to all its
provisions whenever possible.[10] And the rule - that
statute must be construed as a whole - requires that
apparently conflicting provisions should be reconciled
and harmonized, if at all possible.[11] It is likewise a basic
precept in statutory construction that the intent of the
39

Co v. Civil Register of Manila
 legislature is the controlling factor in the interpretation of
Naturalization; Judicial or Presidential
LOI No. 270 and CA No. 473 are laws governing the naturalization of qualified aliens
residing in the Philippines. 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: to
enable aliens permanently residing in the Philippines,
the subject statute
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; later statutes are supplementary or
complimentary (sic) to the earlier enactments and in the
passage of its acts the legislature is supposed to have in
mind the existing legislations on the subject and to have
enacted its new act with reference thereto
On the presumption that whenever the legislature enacts
a provision it has in mind the previous statutes relating to
the same subject matter, it is held that in the absence of
any express repeal or amendment therein, the new
provision was enacted in accord with the legislative
policy embodied in those prior statutes, and they all
should be construed together.
40
X. STRICT AND LIBERAL CONSTRUCTION: MANDATORY AND DIRECTORY
Strict and Liberal Construction: Mandatory and Directory
People v. Terrado
Bermudez v. Exec. Sec. Torres
Perjury; Penal Statutes, substantive and remedial or proceduaral
As it would be more favorable to the herein accused to apply Section 129 of
Commonwealth Act 141 and Act 3326, as amended, in connection with the
prescriptive period of the offenses charged, the same should be applied.
Recommendation of Sec. of Justice
 Petitioner Oscar Bermudez was a recommendee of then Sec. of Justice
Guingona for the position of Provincial Prosecutor.
 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.
 Petitioner Bermudez challenged the appointment of Quiaoit primarily on
the ground that the appointment lacks the recommendation of the Sec. Of
Justice
Whether or not the absence of a recommendation of the Secretary of Justice to the
President can be held fatal to the appointment of Quiaoit
 t appointment is deemed complete once the last act required of the
appointing authority has been complied with and its acceptance thereafter
by the appointee in order to render it effective.
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.
LIBERAL CONSTRUCTION
The phrase “upon recommendation of the Secretary”
-be interpreted to be a mere advice, exhortation or
indorsement, which is essentially persuasive in character
and not binding or obligatory upon the party to whom it
is made.
-The recommendation is here nothing really more
than advisory in nature.
The Pres., 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.
LIBERAL CONTRUCTION

XI. THE STATUTE AND THE CONSTITUTION

The statute and the Constitution

Nitafan v. CIR Salaries of members of Judiciary; Tax Exemptions
 "any tax withheld from their emoluments or compensation as judicial
officers constitutes a decrease or diminution of their salaries, contrary to
the provision of Section 10, Article VIII of the 1987 Constitution
mandating that during their continuance in office, their salary shall not be
decreased
Whether or not members of the Judiciary are exempt from income taxes.
- No. The salaries of members of the Judiciary are subject to the general income tax
applied to all taxpayers
The ascertainment of that intent is but in keeping with
the fundamental principle of constitutional construction
that the intent of the framers of the organic law and of
the people adopting it should be given effect.
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.1it may also be safely assumed that the
people in ratifying the Constitution were guided mainly
by the explanation offered by the framers.

he deliberations of the1986 Constitutional Commission negate the contention that

the intent of the framers is to revert to the original concept of non-diminution´ of
salaries of judicial officers.
People v. Munoz Imposition of Death Penalty

 the question as we see it is not whether the framers intended to abolish

the death penalty or merely to prevent its imposition. Whatever the
intention was, what we should determine is whether or not they also

41

Ordillo v. Comelec
Calderon v. Carale
Manila Prince Hotel v. GSIS
meant to require a corresponding modification in the other periods as a
result of the prohibition against the death penalty.
 e return to our original interpretation and hold that Article III, Section
19(l) does not change the periods of the penalty prescribed by Article 248
of the Revised Penal Code except only insofar as it prohibits the
imposition of the death penalty and reduces it to reclusion perpetua.
 Penalties are prescribed by statute and are essentially and exclusively
legislative. As judges, we can only interpret and apply them and have no
authority to modify them or revise their range as determined exclusively
by the legislature. We should not encroach on this prerogative of the
lawmaking body.
Ifagao Province; CAR
 whether the sole province of Ifugao can be validly constituted in the
Cordillera Autonomous Region under Section 15, Article 10.
 No
 the keywords provinces, cities, municipalities and geographical areas
connotes that a region consists of more than one unit. In its ordinary sense
region means two or more provinces, thus Ifugao cannot be constituted
the Cordillera Autonomous Region.
 The Constitutional requirements are not present in this case.- nad
NLRC, Commission on Appointments
 Whether or not Congress may, by law, require confirmation by the CoA of
appointments extended by the President to government officers
additional to those expressly mentioned in the first sentence of Sec. 16,
Art. 7 of the Constitution whose appointments require confirmation by the
CoA.
 Whether or not Congress may, by law, require confirmation by the CoA of
appointments extended by the President to government officers
additional to those expressly mentioned in the first sentence of Sec. 16,
Art. 7 of the Constitution whose appointments require confirmation by the
CoA.
Sale of Manila Hotel
 A provision which lays down a general principle, such as those found in
Article II of the 1987 Constitution, is usually not self-executing.
But a provision which is complete in itself and becomes operative without the aid of
supplementary or enabling legislation, or that which supplies sufficient rule by
means of which the right it grants may be enjoyed or protected, is self-executing.
Section 10, second paragraph, Art. XII of the 1987 Constitution is a mandatory,
positive command which is complete in itself and which needs no further guidelines
or implementing laws or rules for its enforcement. From its very words the
provision does not require any legislation to put it in operation.
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
Confirmation by the Commission on Appointments is
required only for presidential appointees mentioned in
the first sentence of Section 16, Article VII, including,
those officers whose appointments are expressly vested
by the Constitution itself in the president (like sectoral
representatives to Congress and members of the
constitutional commissions of Audit, Civil Service and
Election).
Confirmation is not required when the President appoints
other government officers whose appointments are not
otherwise provided for by law or those officers whom he
may be authorized by law to appoint (like the Chairman
and Members of the Commission on Human Rights).
The rule is that (from Agpalo) in the case of doubt, the
constitution should be considered self executing rather
than non self executing
Section 10, second paragraph, Article 11 of the 1987
Constitution is a mandatory provision, a positive
command which is complete in itself and needs no further
guidelines or implementing laws to enforce it. The Court
En Banc emphasized that qualified Filipinos shall be
preferred over foreigners, as mandated by the provision
in question.
42
Furthermore, (agpalo) in its plain ordinary meaning the
term patrimony pertains to heritage . the constitution
speaks of national patrimony , it refers not only to the
natural resources of the Philippines, as the constitution
could have very well used the term natural resources but
also to the cultural heritage of the Filipinos and therefore
an example the Manila hotel which has become a
landmark a living testimonial of Philippine heritage

43