Beruflich Dokumente
Kultur Dokumente
LITERAL INTERPRETATION
WON Almuete is guilty with a violation of section 39 of the Agricultural Tenancy Law. Held: No
Agricultural Tenancy Act is repealed by the Agricultural Land Reform Code
· Agricultural Tenancy Act – punishes prereaping or prethreshing of palay on a date other than
that previously set without the mutual consent of the landlord and tenant o Share tenancy
relationship
· Agricultural Land Reform Code – abolished share tenancy relationship, thus does not punish
prereaping or prethreshing of palay on a date other than that previously set without the
mutual consent of the landlord and tenant anymore
o Leasehold system
· Greg Bartelli raped his alleged niece 10 times and detained her in his apartment for 4 days
· Court gave a favorable judgment of more than 1MPhp
· BSP rejected the writ of attachment alleging Sec 113 of the Central Bank Circular No. 960
(applicable to transient foreigners)
· Issue: whether the dollar bank deposit in a Philippine bank of a foreign tourist can be attached
to satisfy the moral damages awarded in favor of the latter’s 12-year-old rape victim
· BSP did not honor the writ of attachment pursuant to RA6426 Sec 8 – “foreign currency deposits
shall be exempt from attachment, garnishment, or any other order or process of any court,
legislative body, government agency or any administrative body whatsoever”
Held: YES!
o Court applied the principles of right and justice to prevail over the strict and literal words of the
statute
o The purpose of RA 6426 to exempt such assets from attachment: at the time the said law was
enacted, the country’s economy was in a shambles. No reason why such assets cannot be
attached especially if it would satisfy a judgment to award moral damages to a 12-year-old rape
victim!
Every rule is not without an exception, Ibi quid generaliter conceditur; inest haec exceptio, si
non aliquid sit contra jus fasque (Where anything is granted generally, this exception is
implied; that nothing shall be contrary to law and right). Indeed, equity, as well as the
exceptional situation facing us in the case at bar, require a departure from the established
rule.
Our conclusion (equal shares) seems a logical inference from the circumstance that whereas
Article 834 of the Spanish Civil Code, from which Art. 996 was taken, contained two
paragraphs governing two contingencies, the first, where the widow or widower survives with
legitimate children (general rule), and the second, where the widow or widower survives with
only one child (exception), Art. 996 omitted to provide for the second situation, thereby
indicating the legislator's desire to promulgate just one general rule applicable to both
situations.
Held: ½ each
C. IMPLICATIONS
· Necessity –
o includes such inferences as may be logically be drawn from the purpose or object of the statute,
from what the legislature must be presumed to have intended, and from the necessity of making
the statute effective and operative
o excludes what is merely plausible, beneficial, or desirable
· must be consistent with the Constitution or to existing laws
· an implication which is violative of the law is unjustified or unwarranted
Book: COMELEC has appellate jurisdiction over election cases filed with and decided by the RTC
involving municipal elective officials DOES NOT IMPLY the grant of authority upon the COMELEC
to issue writs of certiorari, prohibition or mandamus concerning said election cases.
Issue: Whether or not the court has jurisdiction to hear and decide over the case.
Held: YES! It is well settled that:
"A grant of jurisdiction implies the necessary and usual incidental powers essential to effectuate
it, and every regular constituted court has power to do all things reasonably necessary for the
administration of justice within the scope of its jurisdiction, and for the enforcement of its
judgments and mandates, even though the court may thus be called upon to decide matters
which would not be within its cognizance as original causes of action.
"While a court may be expressly granted the incidental powers necessary to effectuate its
jurisdiction, a grant of jurisdiction in the absence of prohibitive legislation implies the necessary
and usual incidental powers essential to effectuate it (In re: Stinger’s Estate, 201 P. 693), and,
subject to existing laws and constitutional provisions, every regularly constituted court has the
power to do all things that are reasonably necessary for the administration of justice within the
scope of its jurisdiction, and for the enforcement of its judgments and mandates. So, demands,
matters or questions ancillary or incidental to, or growing out of, main action, and coming within
the above principles, may be taken cognizance of by the court and determined, since such
jurisdiction is in aid of its authority over the principal matter, even though the court may thus be
called on to consider and decide matters which, as original causes of action, would not be within
its cognizance (Bartholomew v. Shipe, 261 S.W. 1031)." (21 C. J. S., pp. 136-138.)
- LO CHAM VS OCAMPO 77 PHIL 635
Principle: Grant of power includes incidental power
· Where a general power is conferred or duty enjoined, every particular power necessary for the
exercise of one or the performance of the other is also conferred
· The incidental powers are those which are necessarily included in, and are therefore of lesser
degree than the power granted
Issue: WON the attorney detailed or appointed by the Secretary of Justice to assist the city fiscal
of Manila in the discharge of the latter’s duties, with the same authority therein as might be
exercised by the Attorney General or the Solicitor General, according to the provision of section
1686 of the Revised Administrative Code, has authority to sign information.
Held: Yes.
SEC. 1686. Additional counsel to assist fiscal. — The Secretary of Justice may appoint any lawyer,
being either a subordinate from his office or a competent person not in the public service,
temporarily to assist a fiscal or prosecuting attorney in the discharge of his duties, and with the
same authority therein as might be exercised by the Attorney General or Solicitor General.
It will be noted that the law uses general terms. It is a general rule of statutory interpretation
that provisions should not be given a restricted meaning where no restriction is indicated. Just as
the express enumeration of persons, objects, situations, etc., is construed to exclude those not
mentioned, according to a well-known maxim, so no distinction should be made where none
appears to be intended.
Book- Laws must receive sensible interpretation to promote the ends for which they were
enacted. The duties of a public office include all those which truly lie within its scope, those which
are essential to the accomplishment of the main purpose for which the office was created and
those which, although incidental and collateral, are germane to, and serve to promote the
accomplishment of the principal purposes.
WON: petitioner as a former municipal mayor is entitled to leave privileges under existing
Laws
Held: NO. What was said in the Memorandum for Respondent 8 is relevant: "As a general
proposition, elective officials' entitlement to salary is not dependent upon actual attendance in
office. In fact, they are not even required to keep a record of their daily attendance such as by
accomplishing Civil Service Form No. 48 (Daily Time Record) or punching the bundy clock. Thus,
a provincial governor is entitled to collect salary even when absent on a personal business, it
being well-settled that an elected officer is entitled to emoluments so long as he is permitted to
retain the office, the right thereto being independent of services performed. (Op., Insular
Auditor, Dec. 23, 1919, cited in Araneta, the Adm. Code, Vol. IV, pp. 2720, 2721). Elective officials,
indeed, are deemed in the service of their constituents regardless of time and place. There can
be no occasion to consider them absent from work since their presence at such specified time
and place is not a pre-requisite to their collection of salary for services rendered. So, too, they
need not seek leave to be absent for there is no absence to speak of. "
Ruling:
NO. As the maxim goes, “Ex dolo malo non oritur actio,” it is well settled that a party to an illegal
contract cannot come into a court of law and ask to have his illegal objects carried out. Where,
however, the parties to an illegal contract are not equally guilty, and where public policy is
considered as advanced by allowing the more excusable of the two to sue for relief against the
transaction, relief is given to him. Cases of this character are, where they conveyance was
wrongfully induced by the grantee through imposition or overreaching, or by false
representations, especially by one in a confidential relation. The Court, therefore, affirmed the
decision of the trial court against the petitioners.
· Homestead Law – to give and preserve in the homesteader and his family a piece of land for his
house and cultivation
· The law prohibits the alienation of a homestead within 5 years following the issuance of the
patent and provides that any contract of a conveyance in contravention thereof shall be null and
void
· The seller or his heirs, although in pari delicto, may recover the land subject of such illegal sale
Issue:
- Can appellants invoke the principle of pari delicto (in equal fault) in the present action?
Held:
- No. Although, The principle of pari delicto as invoked by the appellants is correct and
cannot be disputed, the case under consideration comes within the exception of this
principle. Here appellee desires to nullify a transaction which was done in violation of the
law. Ordinarily the principle of pari delicto would apply to her because her predeccessor-
in-interest has carried out the sale with the presumed knowledge of its illegality, but
because the subject of the transaction is a piece of public land, public policy requires that
she, as heir, be not prevented from re-acquiring it because it was given by law to her
family for her home and cultivation. This is the policy on which our homestead law is
predicated. This right cannot be waived. “It is not within the competence of any citizen to
barter away what public policy by law seeks to preserve”. Appellee can maintain the
present action it being in furtherance of this fundamental aim of our homestead law.
- Upon annulment of the sale, the purchaser’s claim is reduced to the purchase price and
interest. As against the vendor or his heir, the purchaser is no more entitled to keep the
land than any intruder.
Held: YES! looking at the legislative intent would clear things out. In the inclusion of this
phrase, the Legislature intended to prohibit temptation for bank director. Personal interest
and duty at times conflict and the provision saw this coming. In this case, it is apparent that
Concepcion is interested to see his wife succeed which overcame his duty to PNB. Therefore,
he is “indirectly” a participant.