Tiamson, Christine Gia D.

1LM1

1.Title:

OFFICE OF THE COURT ADMINISTRATOR , complainant, vs. ALBERTO V.

GARONG, Court Interpreter III, Regional Trial Court, Branch 40, Calapan City,
Oriental Mindoro, respondent.

Facts Related to Statcon:

• On March 3, 1993, respondent, Court Interpreter III of the RTC, Branch 40,
Calapan City, Oriental Mindoro, was convicted of the crime of frustrated
homicide.
• On June 1, 1999, an administrative complaint was filed against respondent
praying that he be dismissed from the service by reason of his conviction of a
crime involving moral turpitude. The respondent filed a Manifestation With
Motion To Dismiss, praying that the administrative case be dismissed for lack
of cause of action.
• Respondent's period to file a motion for reconsideration should be counted
from November 12, 1996, the date he actually received a copy of the decision.
Hence, his motion for reconsideration filed on November 21, 1996 was on
time.

Principle Related to Statcon:

• The rules of court should be freely construed in order to promote their
objective and purpose of securing a just, speedy and inexpensive disposition
of every action and proceeding.

Issues Relevant to Statcon:

• WON the period to file an appeal has lapsed

Ruling of Court Related to Statcon:

• Rules prescribing period of certain acts must be done are indispensable and
mandatory. If a stringent application of the rules would hinder rather than
serve the demands of substantial justice, the former must yield to the latter.
2. Title:

DAVID G. NITAFAN, WENCESLAO M. POLO, and MAXIMO A.

SAVELLANO, JR., petitioners, vs. COMMISSIONER OF INTERNAL REVENUE
and THE FINANCIAL OFFICER, SUPREME COURT OF THE PHILIPPINES,
respondents.

Facts Related to Statcon:

• The petitioners are judges presiding over Branches 52, 19 and 53 of the RTC,
National Capital Judicial Region seek to restrict or perpetually enjoin the
respondents (Commissioner on Internal Revenue and the Financial Officer of
the Supreme Court) from making any deduction of withholding taxes from
their salaries.
• The clear intent of the Constitutional Commission was to delete the proposed
express grant of exemption from payment of income tax to the members of
the Judiciary so that it gives substance to equality among the Legislative,
Executive and Judiciary (three branches of the government) according to
Commissioner Rigos.

Principle Related to Statcon:

Ratio Legis est Anima
- The words of the Constitution should be interpreted in accordance with the
intent of its framers. Also, statutes must be construed and consistent with the
constitution. All criteria and doubts must be resolved in favor of the
Constitution.

Issues Relevant to Statcon:

• WON the members of the Judiciary are exempt from taxes

Ruling of Court Related to Statcon:

• The court held that salaries of Justices and Judges are subject to general
income tax law.
• The framers of the fundamental law, as the alter ego of the people, have
expressed in clear and unmistakable terms the meaning and import of Section
10, Article VIII, of the 1987 Constitution that they have adopted.
3. Title:

RAFAEL YAPDIANGCO, petitioner-appellant, vs. THE HON. CONCEPCION B.

BUENCAMINO and HON. JUSTINIANO CORTEZ, respondents-appellees.

Facts Related to Statcon:

• The City Fiscal of Quezon City filed before the City Court some data on Feb
1, 1965 for slight physical injuries allegedly done by the petitioner-appellant
on Dec 2, 1964 against Mr. Ang Cho Ching. Mr. Ching moved to quash the
criminal prosecution on the ground that the data that was filed on the 61st day
after the commission of the offense, the 60 days prescriptive period had
already lapsed.
• The City Court of Quezon denied the motion to quash because the 60 th day
fell on a Sunday and there is a rule that states that if the last day for filing of
a pleading falls on a Sunday, the same may be filed on the next succeeding
business day.
• Mr. Ching then filed a petition for certiorari and mandamus with preliminary
injunction before the CFI of Rizal which then dismissed his petition. The
motion for reconsideration was denied.

Principle Related to Statcon:

• There is a distinction between the principle of construction to be applied for
prescriptive periods for civil cases and those for criminal cases.
Issues Relevant to Statcon:
• WON a Sunday or a legal holiday is a legal efficient cause which interrupts
the prescription of an offense

Ruling of Court Related to Statcon:

• Even when the last day to file an information or the sixtieth day falls on a
Sunday or a legal holiday, the sixty-day period cannot be extended up to the
next working day. Prescription is automatic.

4. Title:

SOCORRO D. RAMIREZ, petitioner, v s . HONORABLE COURT OF

APPEALS and ESTER S. GARCIA, respondent

Facts Related to Statcon:

• Petitioner (Ramirez) made a recording of a secret conversation. Ester Garcia
(respondent) argued that she was insulted and humiliated in a way that it is
offensive to personality and dignity. Garcia filed a criminal case before the
RTC of Pasay for violating Rep. Act. 4200 entitled “An Act to Prohibit and
Penalize Wire-Tapping and other Related Violations of Private
Communication and other Purposes”.
• The RTC granted the motion and the petitioner argued that the phrase “private
communication” does not include “private conversations”

Principle Related to Statcon:

• Ubi lex non distinguit nec nos distinguire debemos
- “where the law does not distinguish , neither do we distinguish” because
general words in a law/statute should be interpreted/understood in their
general sense. Also, general phrases should be accorded in their natural and
general meaning.
• The legislative intent is determined by the language of the statute. The law is
applied when the law is clear and unambiguous

Issues Related to Statcon:

• WON the phrase “private communication” includes “private conversation”

Ruling of Court Related to Statcon:

• The law is clear and unambiguous hence the petition is denied. Costs against
the petitioner.

5. Title:

MARYLOU CABRERA, petitioner, vs. FELIX NG, respondent.

Facts Related to Statcon:

 • Felix Ng (respondent) filed a complaint before the RTC against Marylou
Cabrera (petitioner) and her husband Marionilo Cabrera claiming that they
issued him 3 Metrobank checks which were deemed dishonored upon
presentation. The couple admitted that they issued two checks that were
dishonored. However, they claimed that they paid the respondent through
Ng’s son, Richard Ng. The couple then denied issuing a third check to Felix
Ng, alleging that the check was taken from them by Richard Ng. RTC issued
a decision in favor of the respondent.
• The RTC said that a motion which fails to comply with the three-day notice
requiremeny is a mere scrap of paper. It does not have judicial bearing.

Principle Related to Statcon:

• The rules of court should be freely construed in order to promote their
objective and purpose of securing a just, speedy and inexpensive disposition
of every action and proceeding.

Issues Related to Statcon:

• WON the motion for reconsideration filed by Ng should be allowed though

it violated the three-day notice rule under Rule 15, Section 4 of the Rules of
Court

Ruling of Court Related to Statcon:

• The petition is meritorious. The general rule is that the three-day notice
requirement in motions under Sections 4 and 5 of the Rules of Court is
mandatory. It is an integral component of procedural due process. 17 "The
purpose of the three-day notice requirement, which was established not for
the benefit of the movant but rather for the adverse party, is to avoid
surprises upon the latter and to grant it sufficient time to study the motion
and to enable it to meet the arguments interposed therein."