CRIMINAL LAW

2. RODOLFO G. NAVARRO v. EXECUTIVE SECRETARY EDUARDO ERMITA, (D)

G.R. No. 180050, April 12, 2011

FACTS:

RTC rendered judgment finding appellant guilty beyond reasonable doubt of 181 counts of rape.CA affirmed the finding
that AAA was raped by appellant, but did so only on 2 counts and consider the qualifying circumstances of minority and
relationship.

ISSUE:

Whether or not appellant should be considered as a guardian of the victim even without court authority. NO.

Whether that the qualifying/aggravating circumstances of relationship is applicable. NO

HELD:

One of the instances wherein the crime of rape may be qualified is when the victim is a minor AND the accused is her
guardian. At this point, we cannot subscribe to this interpretation and hence, we hold that the Court of Appeals erred
in considering the qualifying circumstance of relationship.

To justify the death penalty, the prosecution must specifically allege in the information and prove during the trial the
qualifying circumstances of minority of the victim and her relationship to the offender.

Jurisprudence dictates that the guardian must be a person who has a legal relationship with his ward. The theory that
a guardian must be legally appointed was first enunciated in the early case of People vs. Dela Cruz which held that the
guardian referred to in the law is either a legal or judicial guardian as understood in the rules on Civil Procedure.

The law requires a legal or judicial guardian since it is the consanguineous relation or the solemnity of judicial
appointment which impresses upon the guardian the lofty purpose of his office and normally deters him from violating
its objectives. The appellant cannot be considered as the guardian falling within the ambit of the amendatory provision
introduced by RA 7659.Since both logic and fact conjointly demonstrate that he is actually only a custodian, that is, a
mere caretaker of the children over whom he exercises a limited degree of authority for a temporary period, we cannot
impose death penalty contemplated for a real guardian under RA 7659, since he does not fit into that category.

Further, according to the maxim noscitur a sociis, the correct construction of a word or phrase susceptible of various
meanings may be made clear and specific by considering the company of words in which it is found or with which it is
associated. 87 Section 31(c) of R.A. No. 7610 contains a listing of the circumstances of relationship between the
perpetrator and the victim which will justify the imposition of the maximum penalty, namely when the perpetrator is an
"ascendant, parent, guardian, stepparent or collateral relative within the second degree of consanguinity or affinity." It
should be noted that the words with which "guardian" is associated in the provision all denote a legal relationship. From
this description we may safely deduce that the guardian envisioned by law is a person who has a legal relationship with
a ward. This relationship may be established either by being the ward's biological parent (natural guardian) or by
adoption (legal guardian). Appellant is neither AAA's biological parent nor is AAA's adoptive father. Clearly, appellant
is not the "guardian" contemplated by law. 46

Be that as it may, this qualifying circumstance of being a guardian was not even mentioned in the Information. What
was clearly stated was that appellant was the “adopting father” of AAA, which the prosecution nonetheless failed to
establish.

For failure of the prosecution to prove the qualifying circumstance of relationship, appellant could only be convicted for
two counts of simple rape, and not qualified rape.

 October 2, 2006, the President of the Republic approved into law Republic Act (R.A.) No. 9355
(An Act Creating the Province of Dinagat Islands).
  December 3, 2006, the Commission on Elections (COMELEC) conducted the mandatory
plebiscite for the ratification of the creation of the province under the Local Government Code
(LGC). The plebiscite yielded 69,943 affirmative votes and 63,502 negative votes. With the
approval of the people from both the mother province of Surigao del Norte and the Province of
Dinagat Islands (Dinagat).

November 10, 2006, petitioners filed before this Court a petition for certiorari and prohibition challenging
the constitutionality of R.A. No. 9355. The Court dismissed the petition on technical grounds. Their motion
for reconsideration
illegal acts during a strike may be declared to have lost his employment status. Here, the respondents
merely participated in the illegal strike but did not commit any of the illegal acts. Hence, their termination
is not valid.

ISSUE #2: Whether or not they are entitled to backwages.

HELD #2: No. The principle of a “fair day’s wage for a fair day’s labor” remains as the basic factor in
determining the award of backwages. If there is no work performed by the employee there can be no
wage or pay unless the laborer was able, willing and ready to work but was illegally locked out,
suspended or dismissed or otherwise illegally prevented from working. For this exception to apply, it is
required that the strike be legal. Since the strike in this case was illegal, the respondents cannot be
awarded with backwages.

ISSUE #3: Whether or not theyare entitled to reinstatement.

TPO) has been issued against Sgt Yahon to protect the respondent from further abuses. In the TPO, Sgt
Yahon was ordered to provide reasonable financial spousal support to the respondent. In his failure to
appear before the court with a counsel and with an answer to the charges against him, the court has
granted Permanent Protection Order (PPO) for the respondent against Sgt Yahon. It was also reiterated
that Sgt Yahon should provide for the financial spousal support to his wife from his retirement benefits.
However, the Armed Forces of the Philippines Finance Center contended that half of the retirement
benefits of Sgt Yahon cannot be given to the respondent as it is from a military institution. The petitioner
contended that money due to government employees is not liable to the creditors of the said employees
in the process of garnishment.

PD 1638. Section 31. The benefits authorized under this Decree, except as provided herein, shall not be
subject to attachment, garnishment, levy, execution or any tax whatsoever; neither shall they be
assigned, ceded, or conveyed to any third person: Provided, That if a retired or separated officer or
enlisted man who is entitled to any benefit under this Decree has unsettled money and/or property
accountabilities incurred while in the active service, not more than fifty per centum of the pension gratuity
or other payment due such officer or enlisted man or his survivors under this Decree may be withheld

it complies with the rules on admissibility prescribed by the Rules of Court and related laws, and is
authent

ISSUE:
HELD: The LNMB was not expressly included in the national shrines enumerated in PD
105
P.D. No. 105 does not apply to the LNMB. Despite the fact that P.D. No. 208 predated
P.D. No. 105, the LNMB was not expressly included in the national shrines enumerated
in the latter. The proposition that the LNMB is implicitly covered in the catchall phrase
"and others which may be proclaimed in the future as National Shrines" is erroneous
because: (1) As stated, Marcos issued P.D. No. 208 prior to P.D. No. 105; (2) Following
the canon of statutory construction known as ejusdem generis, 138 the LNMB is not a
site "of the birth, exile, imprisonment, detention or death of great and eminent leaders of
the nation,"; and (3) Since its establishment, the LNMB has been a military shrine under
the jurisdiction of the PVAO.
Assuming that P.D. No. 105 is applicable, the descriptive words "sacred and hallowed"
refer to the LNMB as a place and not to each and every mortal remains interred therein.
Hence, the burial of Marcos at the LNMB does not diminish

fundamental and paramount law of the nation. It prescribes the permanent framework of a system of government,
assigns to the different departments their respective powers and duties, and establishes certain fixed principles on
which government is founded. The fundamental conception in other words is that it is a supreme law to which all
other laws must conform and in accordance with which all private rights must be determined and all public authority
administered. Under the doctrine of constitutional supremacy, if a law or contract violates any norm of the
constitution that law or contract whether promulgated by the legislative or by the executive branch or entered into by
private persons for private purposes is null and void and without any force and effect. Thus, since the Constitution is
the fundamental, paramount and supreme law of the nation, it is deemed written in every statute and contract.

DE CASTRO VS JBC DIGEST

(See notes)

TRUE/FALSE
1. All Art 2 not self-executing
ica

within the exclusive province and jurisdiction of the judicial department, and that in 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, th

there was no emergency situation in Metro Manila deeming it a need to deploy soldiers for law
enforcement, and that the President has exercised power beyond the limits prescribed by the
Constitution.

Issue:

Whether or not the President’s Issuance is constitutional

Held:

Yes. The Court dismissed the case on the grounds that petitioners, although have legal
personality or locus standi due to the advancement of the issue they presented, failed to
recognize the wisdom behind the power of the President to invoke the military as one of his
rights for the basis of maintenance of peace order and for the avoidance of lawless violence.

Case 2

Oposa vs. Factoran

G.R. No. 101083

Facts:

Petitioners, which consist of minors, represented by their parents, filed for a taxpayers’ suit,
praying for the cancellation and cessation of all existing timber license agreements, and other
processes regarding TLAs in the country as said TLAs affect the balance and health of ecology.
Respondent contends that petitioners have no cause of action and that what they are presenting
is a political question. Petitioners sought Articles 19-21 of the Civil Code, Sec. 4 of E.O. 192,
Sec. 3 of P.D. 1151 and Sec. 16 of Article 2 of the 1987 Constitution as cause of action. While
they also justified that their issue is of a justiciable question.

Issue:

Whether or not the petitioners have a cause of action

Held:

Yes. The Court ruled that the case is of common interest and importance to all Filipinos. By
invoking Articles 19-21 of the Civil Code, Sec. 4 of E.O. 192, Sec. 3 of P.D. 1151 and Sec. 16 of
Article 2 of the 1987 Constitution, the petitioners have established their cause of action. Hence,
the licenses must be revoked and rescinded by executive action

Case 3
Cuyegkeng vs. Cruz

G.R. No. L-16263

Facts:

Among the 12 nominees for the Board of Medical Examiners, only 6 were shortlisted by the
President, which includes Dr. Pedro Cruz, a government physician. The petitioners, who are
among the nominees cut by the president, prayed for two causes of action. The first, being that
any one of them is qualified for the position and that Dr. Cruz’s appointment be rendered illegal,
thus null and void. While the second, prays for a writ of preliminary injunction, ceasing, desisting
and refraining the respondent from assuming and performing the role of Board Medical
Examiner, and for the respondent

of RA No. 590 unconstitutional and ordering the appellant Saturnino David as Collector of Internal
Revenue to refund to Justice Pastor Endencia and to Justice Fernando Jugo the income tax collected on
their salary. When the SC held in the Perfecto case that judicial officers exempt from salary tax because
the collection thereof was a decrease or diminution of their salaries which is prohibited by the
Constitution, the Congress thereafter promulgated RA No. 590, authorizing and legalizing the collection of
income tax on the salaries of judicial officers.

ISSUE: Whether or not Section 13 of RA 590 is constitutional

HELD: By legislative fiat as enunciated in section 13, RA No. 590, Congress says that taxing the salary of
a judicial officer is not a decrease of compensation. This is a clear example of interpretation or
ascertainment of the meaning of the phrase “which shall not be diminished during their continuance in
office,” found in section 9, Article VIII of the Constitution, referring to the salaries of judicial officers. This
act of interpreting the Constitution or any part thereof by the Legislature is an invasion of the well-defined
and established province and jurisdiction of the Judiciary. “The rule is recognized elsewhere that the
legislature cannot pass any declaratory act, or act declaratory of what the law was before its passage, so
as to give it any binding weight with the courts. A legislative definition of a word as used in a statute is not
conclusive of its meaning as used elsewhere; otherwise, the legislature would be usurping a judicial
function in defining a term. The reason behind the exemption in the Constitution, as interpreted by the
United States Federal Supreme Court and this Court, is to preserve the independence of the Judiciary,
not only of this High Tribunal but of the other courts, whose present membership number more than 990
judicial officials. The independence of the judges is of far greater importance than any revenue that could
come from taxing their salaries.

In conclusion we reiterate the doctrine laid down in the case of Perfecto vs. Meer, supra, to the effect that
the collection of income tax on the salary of a judicial officer is a diminution thereof and so violates the
Constitution. We further hold that the interpretation and application of the Constitution and of statutes is
within the exclusive province and jurisdiction of the judicial department, and that in 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, thereby tying the hands of the courts in their task of later interpreting said
statute, especially when the interpretation sought and provided in said statute runs counter to a previous
interpretation already given in a case by the highest court of the land.

4. ANGARA vs ELECTORAL COMMISSION; G.R. No. L-45081, 15 July 1936

FACTS: Petitioner Jose Angara was proclaimed winner and took his oath of office as member of the
National Assembly of the Commonwealth Government. On December 3, 1935, the National Assembly
passed a resolution confirming the election of those who have not been subject of an election protest
prior to the adoption of the said resolution.

On December 8, 1935, however, private respondent Pedro Ynsua filed an election protest against the
petitioner before the Electoral Commission of the National Assembly. The following day, December 9,
1935, the Electoral Commission adopted its own resolution providing that it will not consider any election
protest that was not submitted on or before December 9, 1935.

Citing among others the earlier resolution of the National Assembly, the petitioner sought the dismissal of
respondent’s protest. The Electoral Commission however denied his motion.

ISSUES:

1. Does the SC has jurisdiction over the ELECOM and the controversy?

2. If it does, then has ELECOM acted within jurisdiction?

HELD:

1. YES. The SC has jurisdiction over the ELECOM: separation of powers granted by Consti (through
separate articles for each branch) but check and balances maintain coordination among the branches.
When there are conflicts between the boundaries of powers and functions of each branch, the Judiciary
has the power to review and resolve these conflicts through Judicial Review (referred to as Judicial
Supremacy). This however is limited to actual cases and controversies.

Judicial supremacy is but the power of judicial review in actual and appropriate cases and controversies,
and is the power and duty to see that no one branch or agency of the government transcends the
Constitution, which is the source of all authority.

2. YES. ELECOM acted within its jurisdiction since ELECOM is recognized as an independent quasi-
judicial body which is not an inferior tribunal, or corporation, board, or person, and is granted the powers
to be the sole judge of all contests relating to the election, returns and qualifications of members of the
NA. The present constitution granted the ELECOM with all the powers exercised by the legislature
relating to the said function of ELECOM, and this includes the regulation of the rules and procedures of
election protests. The confirmation of NA of its members is not required and does not limit the ELECOM
of its power to fix dates for election protest, or else this would undermine the power and functions of the
ELECOM.

5. MARCOS vs MANGLAPUS

6. INTEGRATED BAR OF THE PHILIPPINES vs ZAMORA

FACTS:

Issue: WON President’s factual determination ereby tying the hands of the courts in their task of later
interpreting said statute, especially when the interpretation sought and provided in said statute runs
counter to a previous interpretation already given in a case by the highest court of the land.

4. ANGARA vs ELECTORAL COMMI

SSION; G.R. No. L-45081, 15 July 1936

5. MARCOS vs MANGLAPUS

6. INTEGRATED BAR OF THE PHILIPPINES vs ZAMORA

7. SOUTHERN HEMISPHERE ENGAGEMENT NETWORK, INC. vs ANTI-TERRORISM COUNCIL;

G.R. No.

8. DAVID vs ARROYO

required to deduct and to remit such contributions shall be liable for their payment and if any
contribution is not paid to the SSS as herein prescribed, he shall pay besides the contribution a
penalty thereon of three percent (3%) per month from the date the contribution falls due until paid. If
deemed expedient and advisable by the Commission, the collection and remittance of contributions
shall be made quarterly or semi-annually in advance, the contributions payable by the employees to
be advanced by their respective employers: Provided, That upon separation of an employee, any
contribution so paid in advance but not due shall be credited or refunded to his employer.

Under Section 22 (a), every employer is required to deduct and remit such contributions penalty refers to
the 3% penalty that automatically attaches to the delayed SSS premium contributions.

The spirit, rather than the letter of a law determines construction of a provision of law. It is a cardinal rule
in statutory construction that in interpreting the meaning and scope of a term used in the law, a careful
review of the whole law involved, as well as the intendment ted in the manner prescribed by the said
Rules. An electronic document is also the equivalent of an original document under the Best Evidence
Rule, if it is a printout or output readable by sight or other means, shown to reflect the data accurately.

Thus, to be admissible in evidence as an electronic data message or to be considered as the functional

equivalent of an original document under the Best Evidence Rule, the writing must foremost be an
"electronic data message" or an "electronic document."

In an ordinary facsimile transmission, there exists an original paper-based information or data that is
scanned, sent through a phone line, and re-printed at the receiving end. Be it noted that in enacting the
Electronic Commerce Act of 2000, Congress intended virtual or paperless writings to be
the functional equivalent and to have the same legal function as paper-based documents. Further, in a
virtual or paperless environment, technically, there is no original copy to speak of, as all direct printouts of
the virtual reality are the same, in all respects, and are considered as originals. Ineluctably, the law's
definition of "electronic data message," which, as aforesaid, is interchangeable with "electronic
document," could not have included facsimile transmissions, which have an original paper-based copy as
sent and a paper-based facsimile copy as received. These two copies are distinct from each other, and
have different legal effects. While Congress anticipated future developments in communications and
computer technology when it drafted the law, it excluded the early forms of technology, like telegraph,
telex and telecopy (except computer-generated faxes, which is a newer development as compared to the
ordinary fax machine to fax machine transmission), when it defined the term "electronic data
message."We, therefore, conclude that the terms "electronic data message" and "electronic document,"
as defined under the Electronic Commerce Act of 2000, do not include a facsimile transmission.
Accordingly, a facsimile transmission cannot be considered as electronic evidence. It is not the functional
equivalent of an original under the Best Evidence Rule and is not admissible
of the former Rules of Court provided:

How to compute ti

lature sometimes adopts rules of statutory construction as part of the provisions of the statute: - see
examples page 49-50
 Legislature also defines to ascertain the meaning of vague, broad words/ terms

The Constitutional Assembly must have known that a corporation sole is:

1. composed of only one persons, usually the head or bishop of the diocese, a unit which is not
subject to expansion for the purpose of determining any percentage whatsoever

2. only the administrator and not the owner of the temporalities located in the territory comprised by
said corporation sole and such temporalities are administered for and on behalf of the faithful
residing in the diocese or territory of the corporation sole

3. has no nationality and the citizenship of the incumbent and ordinary has nothing to do with the
operation, management or administration of the corporation sole, nor effects the citizenship of the
faithful connected with their respective dioceses or corporation sole.

In view of these peculiarities of the corporation sole, it would seem obvious that when the specific
provision of the Constitution invoked by respondent Commissioner (section 1, Art. XIII), was under
consideration, the framers of the same did not have in mind or overlooked this particular form of
corporation. If this were so, as the facts and circumstances already indicated tend to prove it to be so,
then the inescapable conclusion would be that this requirement of at least 60 per cent of Filipino capital
was never intended to apply to corporations sole.

B. PURPOSE OF CONSTRUCTION

1. CITY OF BAGUIO vs. MARCOS; G.R. No. 26100, 28 February 1969

-mere push or shove (People vs Sabio)

Retaliation – not self-defense

-aggression that was begun by injured party has already ceased when accused
attacked him
-(self defense – aggression was still existing)
-unlawful aggression on part of accused
-aggression by injured party – mitigating
e—In computing any period of time prescribed or allowed by these rules, by order of court,
or by any applicable statute, the day of the act, event, or default after which the designated
period of time begins to run is not to be included. The last day of the period so computed is
to be included, unless it is a Sunday or a legal holiday, in which event the time shall run until
the end of the next day which is neither a Sunday nor a holiday.

5. EFFECTIVITY OF LAWS UNTIL REPEALED

a.) Concept of Temporary Statutes

Permanent and temporary statutes

 Permanent - one whose operation is not limited in duration but continues until
repealed.

Temporary - duration is for a limited period

Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
Sources of

in Australia controlled by the International Transport Federation (ITP)

where the ITF could detain the vessels unless it paid its season ITF rates. The
facts showed that when the seamen boarded the vessel M/T Jannu, there was
no intention to send their ship to Australia but would trade in Carribean
ports only. The agent of the owner of the vessel agreed to a 25% increase, but
when the vessel arrived in Japan shortly afterwards, the seamen were
repatriated to Manila and their contracts terminated.

The seamen (private respondents) filed a complaint for illegal dismissal

with the National Seamen Board. The NSB rendered a decision declaring
that the seamen breached their employment contracts when they
demanded and received from Vir-Jen Shipping

CRIMINAL LAW
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
Sources of

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Act No. 3135 a foreclosure petition of the mortgaged lots. The lots were
sold or auctioned off with PNB as the highest bidder. A Final Deed of Sale
and a Certificate of Sale was executed in favor of the petitioner. The final
Deed of Sale was registered in Registry of Property. Inasmuch as the
respondent did not buy back the lots from PNB, PNB sold on the same in a
"Deed of Conditional Sale". The Notices of Sale of foreclosed properties
were published on March 28, April 11 and April 12, 1969 in a newspaper.

Respondent brought a complaint for the reconveyance of the lands, which

the petitioner allegedly unlawfully foreclosed. The petitioner states on the
other hand that the extrajudicial foreclosure, consolidation of ownership,
and subsequent sale were all valid.

The CFI rendered its Decision; the complaint against the petitioner was
dismissed.

Unsatisfied with the judgment, respondent interposed an appeal that the

lower court erred in holding that there was a valid compliance in regard to
the required publication under Sec. 3 of Act. 3135.

Respondent court reversed the judgment appealed from by declaring void,

inter alia, the auction sale of the foreclosed pieces of realty, the final deed
of sale, and the consolidation of ownership. Hence, the petition with SC for
certiorari and intervention.

Issue:

WON the required publication of The Notices of Sale on the foreclosed

properties under Sec. 3 of Act 3135 was complied.

Ruling:
No. The first date falls on a Friday while the second and third dates are on
a Friday and Saturday, respectively. Section 3 of Act No. 3135 requires that
the notice of auction sale shall be "published once a week for at least three
consecutive weeks". Evidently, petitioner bank failed to comply with this
legal requirement. The Supreme Court held that:

The rule is that statutory provisions governing publication of notice of

mortgage foreclosure sales

CRIMINAL LAW
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
Sources of

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Klsdjfklsdaf

CRIMINAL LAW
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
CRIMINAL LAW
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
Sources of

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Klsdjfklsdaf
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
Sources of

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Klsdjfklsdaf

CRIMINAL LAW
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
Sources of

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