Legal System in the Philippines

The legal system in the is the result of the immigration of Muslim Malays in the fourteenth century and the subsequent
colonization of the islands by Spain and the united states.
Is a mixture of the ff:
Customary Usage
Roman (Civil Law)
Anglo-American (Common Law)
Islamic Law

Branches of the Government and their Functions

-The Legislative Branch (the law-making body) which contains of two houses
The Senate
The House of Representatives
Authorized to make laws, alter, and repeal them through the power vested in the philippine congress
-The Executive Branch (the law-enforcing body) is exercised by the government under the leadership of the president
Composed of the president and the vice president
The constitution grants the president authority to appoint his cabinet. These departments form a large portion of the cou
-The Judicial Branch (the law-enterpreting body)
It is made up of the Supreme court and lower courts
The judicial branch holds the power to settle controvercies involving rights that are legally demandable and enforceable. T
whether or not there has been a grave abuse of discretion amounting to lack of excess jurisdiction on the part and instr
The constitution expressly grants the supreme court the power of judicial review as the power to declare a treaty, interna
law, presidential decree, proclamation, order, instruction, ordinance or regulation unconconstitutional

The Main Sources of Philippine Laws

-The Constitution
The Fundamental and Supreme law of the land
-Statutes
Including Acts of congress, municipal charters, municipal legislation, court rules, administrative rules and orders, legislativ
-Treaties and Conventions
These have the same force of authority as statutes
-Judicial Decisions
Art. 8 of the civil code provides that judicial decitions applying to or interpreting the laws or the constitution shall form pa
Only decisions of its supreme court establish jurisprudence are binding on all other courts
-Customary Usage
-Islamic Law
-Roman or Civil Law
-Anglo-american or Common Law

Statute and Statutes Law

Law
A rule of conduct formulated and made obligatory by legitimate power of the state
Statute
An act of the legislature, as an organized body, expressed in the form, and passed according to the procedure required to
Note: Presidential decrees during martial law (Marcos) and Executive Orders during the revolutionary government (Aquin
 in the exercise of his legislative powers

Classifications of Statutes
-According to Scope
Public
Affects the public at large or the whole community
Private
Applies to a specific person or subject

-According to Duration
Permanent
Operation is not limited in duration but continuous until repealed
Temporary
Duration is for a limited period; ceases upon the happening of an event for which it was passed

-According to Operation
Declaratory
Enacted to clarify prior law by reconciling conflicting judicial decisions or by explaining the meaning of a prior statute
Curative
It is passed to cure defects in the prior law and to validate legal proceedings, instruments or act of public and private ad
statute would be void for want of conformity with existing level requirements but which would have been valid if the st
Mandatory
Is one which compels performance of certain things or compels that a certain thing must be done in a certain manner o
Directory
Merely direct or permits anything to be done anything to be done without compelling its performance. It is generally affi
but it does not impose the penalty on non-observance of its provisions
Substantive
All categories of public and private law, including the law of contracts, real property, torts, and criminal law
Remedial
Is one whereby new favor or a new remedy is conferred
Penal
Is one which punishes certain acts or wrong
-According to Form
Affirmative
Law enacted in affirmative terms and does not take away the common law
Negative
One which is enacted in negative terms and which so controls the common law, that it has no force in opposition to the

Parts of Statutes
1. Title
Bill must embrace only one subject embraced in its title
Must indicate the general subject, and reasonable covers all provisions of the act and not calculated to mislead the public
2. Preamble
Prefatory statement usually found after the enacting clause
3. Enacting Clause
 States the authority by which an act is enacted
4. Body of the Statute
Contains what the law is all about
Usually divided into sections
The provisions, although different and diverse, must be allied and germane to the subject and purpose of the bill
5. Separability Clause
States that if any provision is declared invalid, the remainder shall not be affected
Presumption: Legislature intended a statute to be effective as a whole and would not have passed it had it forseen that so
Exception: Where provisions cannot stand alone as to those left, after the void part, is not complete and workable
6. Saving Clause
A clause in a statute limiting the scope of repeal of prior statutes
7. Repealing Clause
8. Effectivity Clause
Usually 15 days from the publication in the Official Gazette or in a newspaper of general circulation
How to count: Exclude the first day, include the last day

Kinds of Statute
1. Legislative Acts
2. Presidential Issuances
Those which the president issued in the exercise of his ordinance power
a. Executive Orders
Acts of the president providing for rules of general or permanent character in implementation or execution of constit
b. Administrative Orders
Acts of the president which relate to particular aspect of governmental operations in pursuance of his duties as admin
c. Proclamations
Acts of the president fixing a date or declaring a status or condition of public moment or interest, upon the existense
ie: Declaration of special non-working holidays
Declaration of State of Emergency
Declaration of several parcels of land to be under special economic zone
d. Memorandum Orders
Acts of the president on matters of administrative detail or of subordinate or temporary interest which only concern a
e. Memorandum Circulars
Acts of the president on matters relating to internal administration, which the president desires to bring to the attenti
of the Government, for information or compliance
f. General or Special Orders
Acts or commands of the president in his capacity as commander in chief of the armed forces of the Philippines
3. Administrative Rules and Regulations
Issued by administrative or executive offices in accordance with, and as authorized by, law have the force and effect of
Requirements for Validity:
Provisions should be germane to the objects and purpose of the law
Not in contradiction with, but conform to, the standards that the law prescribes
They be for sole purpose of carrying into effect the general provisions of the law
4. Supreme Court Rule-Making Power
The constitution granted the supreme court to promulgate its own rules
These rules are usually procedural only for only the legislative department may create substantive laws
 5 Local Government Units
Power to enact ordinances
Their powers are only deligated by the legislative department
They must not go beyond those delegated powers
Requirements for Validity:
Not contravene the constitution or any statute
Not unfair or oppressive
Not partial or discriminatory
Not prohibit but may regulate trade
General and consistent with public policy
Not unreasonable
Enactment of Statute

Veto Power of the President

A constitutional right to reject a decision or proposal made by the law making body

Enrolled Bill Theory vs. Journal Entry

Enrolled Bill
The bill is passed by congress, authenticated by the house speaker and senate president and approved by the president
Rule:
The text of the act as passed and approved is deemed importing absolute verity and is binding on the courts. If there has b
the remedy is by ammendment by enacting a curative legislation and not judicial decree

Resolution and Ordinance

Ordinance
An act adopted by a municipal governing body having effect only within the jurisdiction of the municipal government
A municipal law that often imposes a sanction for violation
Enforceable by law
Resolution
A statement of policy by the governing body or an order by the governing body that a specific action be taken
They usually deal with matters of a special or temporary character
Unenforceable
They are mere expressions of opinion

Code and Compilation

Codification of Law
This is the systematic organization of law into one or more codes
Code
Is a collection of laws of the same kind

Definition of Statutory Construction

The art and process of discovering and expounding the meaning and intention of the authors of the law with respect to its a
Construction Vs. Interpretation
Interpretation
Is the process of discovering the true meaning of the language used

Construction
Is the process of drawing conclution that goes beyond the direct expression of the given text or words of the law (ie: dete

Interpretation is limited on finding the true sense of any words and the real intention of the authors of the law based on it
On the other hand, construction goes beyond the direct expression of text. It seeks to draw conclutions which are in the sp

Situs of Construction and Interpretation

The situs of construction and interpretation belongs to the judicial department
Judicial power shall be vested in one supreme court and in such lower courts as may be established by law
Judicial power includes:
the duty of the court to settle actual case or controversies involving rights which are legally demandable and enforceable
to determine whether or not there has been a grave abuse of discretion amounting to lack or excess jurisdiction on the pa

Duty of the Court to Construe and Interpret the Law

The court are duty bound to construe and interpret the laws when the ff requisites must concur:
There is an actual case or controversy
There is ambiguity in the law
Admitting two or more meanings or interpretation
Being understood in more than one way
Referring to two or more things at the same time
When the language of the law is clear and unequivocal, the court must apply it based on its plain/literal meaning (Plain Mea
The first and fundamental duty of the courts is to apply the law
The duty courts is to apply the law disregarding their feeling of sympathy or pity for the accused
When the law is clear and unequivocal, there's no room for interpretation or construction. There's only room for applicati
When the law is clear and unequivocal, it must be applied regardless of who may be affected, even if the law may be hars
When the language of the law is ambiguous, proceed to interpretation by determining true intent of the law based on its lan
When the true intent of the law cannot be interpreted based on its language, proceed to construction by drawing conclution
of the law)

Different Kinds of Construction and Interpretation

Legal Hermeneutics
Systematic body of rules which are recognized as applicable to the construction and interpretation of legal writings

Close Interpretation
It is generally called "literal Interpretation". It is a kind of interpretation to induce or take the words in their narrowest me

Extensive Interpretation
It is also called "liberal interpretation". It adopts a more comprehensive signification of the words

Extravagant Interpretation
 It substitutes a meaning beyond the true one. It is therefore not a genuine interpretation

Free or Unrestricted Interpretation

Proceeds simply on the general principles of interpretation in good faith. Not bound by any specific or superior principle

Limited or Restricted Interpretation

When we are influenced by other principles than the strictly hermeneutic once

Predestined Interpretation
Takes place when the interpreter, laboring under strong bias of mind, makes the text subservient to his preconceived view

Subjects of Construction and Interpretation

Authorities hold that the common subjects of construction and interpretation are the constitution and statutes which includ
and department circulars

Legislative Procedures
The legislative poswer shall be vested in the congress of the Philippines which consist of senate and a house of representativ
A statute starts with a bill. Such bill shall be introduced on any of the houses and must undergo 3 readings on separate days
for his approval. If there are ammendments, a coference committee shall be formed to settle the differences. If both hous
the senate president and the house speaker together with the secretaries. After authentication, it shall be submitted to th

How does a Bill Becomes a Law

When the president signs the bill
When the president does'nt sign the bill nor communicate his veto within 30 days from the date of receipt
When the president vetoes the bill but is repassed by the congress by 2/3 of all of its members voting separately

Consti Test in the Passage of a Bill

Every Bill passed by congress shall embrace only one subject which shall be expressed in the title thereof
No bill passed by either house shall become a law unless it has passed 3 readings on separate days and printed copies there
before its passage except when the president certifies to its immediate enactment to meet public calamity or emergency
Every bill passed by congress shall, before it becomes a law, be presented to the president.
Remman Enterprises Inc. and Chamber of Real Estate vs. PRC
The petitioners filed a petition to declare as void and unconstitutional sections 28(a), 29, and 32 of RA 9646 otherwise k
According to the petitioners, the new law is constitutionally infirm (weak) since it violates the mandate of the Philippine
a bill passed by congress shall embrace only one subject which shall be expressed in the title
It is inconsistent with EO no. 648
it violates due process clause since it impinges (invades) the right to use and dispose property
it violates equal protection clause
The Decision:
The petition was dismissed due to lack of actual case or controvercy
As to the question of the subject of the law, the rule of one subject requirement is satisfied for as long as all parts of t
subject matter expressed in its title

Concepts of Vague Statutes

As a rule, a statute or act may be said to be vague when it lacks comprehensible standards, that men of common intellige
 and differ to its application
It violates due process for failure to accord persons
It leaves the law enforcers unbriddled (uncontrolled) discretion in carrying out its provisions

Repeal of Statutes
Repeal of statutes may be expressed or implied
There is an express repeal when a subsequent statute expressly declares that a former law shall be revoked and abrogated
There is an implied repeal if a subsequent statue when it contains provisions so contrary to or irreconcilable with those of fo
can stand in force

Ordinace
is an act passed by the local legislative body in the exercise of its law making authority

Test of a Valid Ordinance

It must not contravene the constitution or any statute
It must not be unfair or oppressive
It must not be partial or discriminatory
It must not prohibit but may regulate trade
It must be general and consistent with public policy
It must not be unreasonable

Reasons Why an Ordinance Should not Contravene a Statute

Municipal Governments are only agents of the National Government
Local counsils exercise only delegated legislative powers conferred on them by Congress as the National law making body
The delegate cannot be superior to the principal or exercise powers higher than those of the latter

Roles of foreign jurisprudence

Foreign laws are not per se controlling here in the Philippines. Such laws must necessarily construed with the intention of its
from the language of each law and the context of other local legislation related thereof
Soccorro vs. Van Wilsem
Socorro and Wilsem married in Holand. Unfortunately, their marriage bond was ended by virtue of divorce issued by ap
Thereafter, Socorro, with her son, came home to the Philippines. According to Socorro, Van Wilsem made a promise to
since arrival to the Philippines, Wilsem did not give any support to his son. Wilsem remarried again a Filipina and reside
filed a complaint for unjust refusal to support his minor son

CHAPTER 3: BASIC GUIDELINES IN THE CONSTRUCTION AND INTERPRETATION OF LAWS

Legislative Intent
The ends sought to be achieved by a legislature in an enactment
This is the reason why the statute was enacted

Legislative Intent is determined principally from the language of the statute

Socorro Ramirez vs. Hon. Court of Appeals and Ester S. Garcia
Facts
Socorro Ramirez filed a civil case for damages against Ester Garcia alleging that the latter insulted and humiliated her
offensive to petitioner's dignity and personality "contrary to morals, good customs, and public policy". The transcript
 from a tape recording of the confrontation made by the petitioner.
As a result, the respondent filed a criminal case alleging that the tape recording made by the petitioner was illegal in v
wire tapping and other related violations of private communication and other purposes"
Petitioner filed a motion to quash the information for following reasons
1 That the facts charged do not constitute an offense under RA 4200
2 The violation punished by RA 4200 refers to the taping of a communication by a person other than the participan
3 Private communication in Section 1 of RA 4200 does not include private conversations
The RTC granted the petition
Thereafter, the respondent filed a review for certiorary with the court of appeals which assailed the decision of the RT
RTC committed a grave abuse of discretion correctible by cetriorari
Petitioner appealed CA's Decision
Issue
Whether or not the facts charged constitute an offense under RA 4200
Whether or not RA 4200 applies to taping of a private conversation by one of the parties to a conversation
Whether or not substance must be alleged in the information. Whether or not RA 4200 applies to private conversatio
Held
Legislative Intent is determined principally from the language of the statute
The nature of the conversation is immaterial to a violation of the statute. What RA 4200 punishes is the act done "wir
regardless of the content of the conversation
In the case of Ramirez vs. Garcia, RA 4200 did not make any distinction as to whether the party sought to be penalized
different from those involved in the private communication
As to the contention that private communication does not include private conversation, the ordinary meaning of the
or imparting of something is present which conotes that it is a communication per se
The Petition is Denied

Verba Legis
Plain meaning rule
The statute must be interpreted literally
Eventhough the court is convinced that some other meaning is intended by the law making power
Eventhough the literal interpretation should defeat the very purpose of the enactment
When the language of the law is clear, it should be given its natural meaning

Request of Court of Appeals Justices Vicente S.F. Veloso, Angelita A. Gacutan and Remedios A. Salazar Fernando for com
Facts:
This is regarding the request of CA Justice Angelita A. Gacutan to include her services as commissioner of the Nationa
and that by granting her request, there is no Judicial Legislation- There is only the recognition of justice and equity to
Held
"Salary" refers to basic monthly pay plus longevity pay per the plain language of Section 42 of batas pambansa big. 12
Republic Act 9347 gave the NLRC commissioners the same rank and salary as associate justices of the court of appeals
Thus, Justice's Gacutans request was granted from the date of effectivity of RA 9347 which is august 26, 2006 at whic
Therefore, she was given longevity pay equivalent to 5% of her monthly basic pay at that time for up to 5 years from t
and she is now entitled to adjustment of salary, allowances, and benefits only as of that date

Republic Act 9347 under article 216 "Salaries, Benefits and other emoluments"- The chairman and the members of the
and be entitled to the same allowances, retirement and benefits as those of the presiding justice and associate justice
 Globe-Mackay Cable and Radio Corporation vs. NLRC and Imelda Salazar
Facts
Salazar was sanctioned by her employer GMRC, the petitioner of 1 month preventive suspension, allowing her 30 day
report to the latter despite the fact that she had a full knowledge of the loss and whereabouts of the same. However,
modified to illegal dismissal. NLRC granted the petition of the respondent.
Issue
Whether or not the action of dismissal would constitute a violation of Article 279 of the labor code which protects the
Held
The wordings of the Labor Code is clear and unambiguous "an employee who is unjustly dismissed from work shall be
construction, if a statute is clear, plain and free from ambiguity, it must be given its literal meaning and applied witho
legal dismissal, and GMRC only relied to an internal audit findings, Salazar according to labor code is entitled to reinst
Felicito Basbacio vs. Office the Secretary, Department of Justice
Facts
Basbacio and his son in law were convicted of frustrated murder and two counts of frustrated murder and were sente
rendered a decision acquiting the petitioner on the ground that prosecution failed to prove conspiracy between him a
which provides for the payment of compensation on the ground that he was "unjustly convicted" by the trial court
Issue
Whether or not the petitioner is entitled to claim under RA 7309 sec. 3a on the theory that he was "unjustly convicted
Held
No. The petition's contention has no merit.
Verba legis non est recedendum- from the words of a statute, there should be no departure
The fact that the accused is acquited does not mean that the previous conviction was unjust. Please note that unjust
innocence. The petitioner was convicted because there is a reasonable ground to believe that the crime has been com
unjust accusation, thus, the petition is denied

Statutes as a Whole
A legislative intent must be ascertained from a consideration of the statute as a whole and not merely a particular provision
In interpreting a statute, care should be taken that every part be given effect
JMM Promotions and Management Inc. vs. NLRC and Ulpiano L. Delos Santos
Facts
In a decision rendered by the POEA, petitioner JMM Promotions and Management Inc. appealed to the respondent N
the required appeal bond
Issue
Whether or not the petitioner was still required to post an appeal bond to perfect its appeal from a decision of the PO
escrow the amount of 200,000.00 as required by the POEA rules
Held
Yes POEA rules are clear. A reading thereof readily shows that in addition to the cash and surety bonds and the escrow
to perfect an appeal from a decision of the POEA. Obviously, the appeal bond is intended to further insure the payme
appeal to the NLRC
In interpreting a statute, care should be taken that every part be given effect
Danilo A. Duncano vs. Hon. Sandiganbayan (2nd division) and Hon. Office of the Special Prosecutor
Facts
Duncano, a regional director of the BIR was charged by the office of the special prosecutor, office of the ombudsman,
business entities of which he and his family are the registered owners thereof and the SUV registered in the name of
Duncano questioned the jurisdiction of the sandigangbayan asserting that as a public officer, he only had salary grade
 acquire jurisdiction
Issue
Whether or not only Regional Directors with salary grade 27 or higher fall within the exclusive jurisdiction of the sand
Held
Yes. Petitioner is not an executive official with salary grade 27 or higher. The sandigangbayan has no jurisdiction over
The statute must be interpreted as a whole not merely a particular provision. Eventhough the petitioner is a regional
sandigangbayan since his position is only a regional director II with a salary grade of 26k thus, the sandigang bayan inc
suspending the petitioner from his office.

Spirit and Purpose of the Law

Statute should be construed in light of the object to be achieved. A construction should be rejected that gives the language
enacted
Between two statutory interpretations, that which better serves the puspose of the law shall prevail
It is the basic canon of statutory construction that when the reason of the law ceases, the law itself ceases
Manuel T. De Guia vs. COMELEC
Facts
De Guia filed a petition with COMELEC, a motion for clarification of its resolution no. 2313 inquiring whether the mem
enumerated therein, which are all single district municipalities would be elected by district to reduce the number o
Comelec issued resolution no. 2379 stating that its purpose in recommending to congress the appointment of sanggu
The petitioner received a copy of the resolution but was not satisfied. He filed the instant petition for reversal of the p
Paranaque would fall under category D in which they will still be elected at large
Issues
Whether or not members of the sangguniang bayan of paranaque and other municipalities of metro manila enumerat
Held
Yes. Statute should be construed in light of the object to be achieved. As stated in paragraph ( c ) Section 3, cities wit
the 13 municipalities of metro manila which have already been apportioned into 2 districts
Elena Salenillas and Bernardino Salenillas vs. Hon Court of Appeals, et. al.
Facts
The spouses enciso, by an absolute deed of sale, sold the property in favor of the petitioners, the spouses, salenillas. T
the property in PNB as a security of a loan of 2500. However, the petitioners failed to pay. Extrajudicial forclosure of m
highest bidder.
Consequently, PNB filed a writ of attachment in favor of the respondent. However, the petitioners refused to vacate t
Land Act
The trial court granted the writ of attachment. The petitioners moved for motion for reconsideration but was denied.
of discretion. The CA dismissed the for lack of merit. According to CA, the transfer of property from the parent to the
Issues
Whether or not petitioners have the right to repurchase the contested property under section 119 of the public land a
Held
Yes. The petitioners have the right to repurchase the property under section 19 of the Public Land Act. It is clear that
applicant, his widow and legal heirs. Sellinas was a legal heir of the encisos being their daughter
The provision makes no distinction distinction between the legal heirs. Thus the distinction made by the respondent c
Between two statutory interpretations, that which better serves the puspose of the law shall prevail
B/Gen. Jose Commendador, et. al. vs. Gen. Renato S. De Villa, et. al.
Facts
Petitioners are officers or the AFP facing prosecution for their alleged participation in the failed coup d'etat that took
 At the hearing petitioners manifested that they were excercising their right to raise peremptory challenges against th
However, the peremptory challenges had been discontinued under PD39
Held
It is the basic canon of statutory construction that when the reason of the law ceases, the law itself ceases. Withraw
apparatus of martial law was dismantled with the issuance of proclamation No. 2045.
Thus, the petition is granted. The respondents were directed to allow the petitioners to exercise the right of perempt

Doctrine of Necessary Implications

The implications and intendments arising from the language an statute are as much a part of it as if they had been expresse
Doctrine of necessary implications. What is implied in a statute is as much a part thereof as that which is expressed
Lydia O. Chua vs. CSC, NIA
Facts
Pursuant to the policy of streamlining and trimming the bureaucracy, Republic Act no. 6683 was approved on Decemb
the government service as well as for involuntary separation due to reorganization. "Early Retirement Law"

Petitioner lydia chua, believing that she is qualified to avail of the benefits of the program, filed an application with th
Her appeal for reconsideration was likewise denied by the civil service commission which contends that petitioner's e
the administrative service in the head office of NIA
Issue
Whether or not the petitioner's status as co terminous employee is excluded from the benefits of RA no 6683. "Early
Held
No. There is no substantial difference between a co-terminus employee and a contractual, casual, emergency employ
The early retirement law would violate equal protection clause if a group or class of employees would be denied with
The doctrine of necessary implication should be applied. It states that what is implied in a statute us as much as tha
City of Manila and City Treasurer vs. Judge Amador E. Gomez of the CFI of Manila and ESSO Philippines, Inc.
Facts
Section 64 of Republic Act no 409 fixed an annual realty tax at one and one-half percent
On the other hand, the special education fund law imposed an annual additional tax of one percentum of the assesse
under existing laws but the total property tax shall not exceed a maximum of three percentum
The maximum gave the municipal board of manila the idea of fixing the realty tax at 3% by means of ordinance no. 71
Issue
Whether or not the additional one-half percent realty tax is legal and valid
Held
Yes. By necessary implication
The supremecourt held that the doctrine of implication in statutory construction and sustained the city of manila's co
provision in section 4 of special education fund law
In prescribing a total realty tax of three percent impliedly authorized the augmentation by one half percent of the pre

Casus Omissus
Under this rule, a person, object or thing is omitted from an enumeration, it must be held to have been omitted intentionall
People of the Philippines vs. Guillermo Manantan
Facts
The defendand Guillermo Manandtan was charged with for violation of section 54 of the revised election code prohib
any manner in any election or to take part therein except to vote.
The defendant contends that the provision excludes justice of peace in the prohibition since justice of peace is not inclu
 that the ommision of justice of peace was intended by the legislature
The case was dismissed by the court of first instance
An appeal was filed by the solicitor general questioning the dismissal
Issue
Whether or not justice of peace is included in the prohibition of section 54 of the revised election code
Held
The dismissal by the court of first instance was set aside and it was remanded for trial on the merits
It was held that there has been no omission but a mere substitution of terms. Thus the rule of Cacus Omissus cannot
The justice of piece was included in the administratice code sec 449
The next pertinent legislation was Act #3387 sec 2636 still included such a term
Subsequently however, in commonwealth act 357 section 48, the word was omitted and changed by the word judg
Followed by the revised election code sec 54 which uses the word judge (the terms justice of peace and justice of fi
The rule Cacus Omisus applies and operates only if the omission has been clearly established

Stare Decisis
It is a legal doctrine that obligate courts to follow historical cases when making a ruling on a similar case. This is to ensure th
Follow past precedents and do not disturbed what has been settled
JM tuason and Co Inc vs. herminio c. mariano et al
Facts
The case began when Manuela and Maria Aquial filed a complaint of forma pauperis (w/o the liability of court cost) th
diliman estates of 879 and 1625 hectares). They prayed that they be declared the owner of the disputed land based o
issued to him through civil case no. 8943
Tuason filed a motion to dismiss on the grounds of lack of jurisdiction, improper venue, prescription, laches and prior
Aquias opposed the motion
The court denied aquias request. However, spouses cordova who have bought 11 hectares of the disputed land from
Hence, the defendant filed a petition for certriorari and prohibition
Issue
Whether or not OCT no. 735 and the titles derived therefrom can be questioned at this late hour by respondents Aqu
Held
Considering the governing principle of stare decisis et non quieta movere (follow past precedents and do not disturbe
cannot maintain their action in civil case no 8943 without eroding the long settled holding of the courts that OCT no. 7
Arnado vs. Comelec and Florante Capital
Facts
Arnado is a natural born filipino who lost his citizenship after he was naturalized as a citizen of the United States of Am
Subsequently, in preparation for his plans to run for public office in the Philippines, Arnado applied of repatriation and
of citizenship. Arnado thereafter executed an affidavit of renunciation of his foreign citicenship
Arnado filed a COC for the mayoralty post of causwgan for the 2010 elections
Balua, another candidate filed a petition to cancel COC of arnado on the ground that Arnado remained a US citizen be
The case was remained pending and Arnado proceeded and eventually won the and proclaimed as the winning candid
Thereafter, the comelec of first division issued a resolution holding that Arnado's continued use of his US passport eff
his proclamation and held the rule of succession should be followed
Arnado filed a motion for reconsideration
Maquiling, another candidate who garnered the second highest votes intervened with the case and argued that the c
The comelec en bank rendered a resolution reversing the ruling of comelec first division and held that Arnado's use of
bank found merit in Arnado's motion that he did not yet know that he had been issued a Philippine Passport at the
 his Philippine Passport, Arnado Used the same for his subsequent trips
Maquiling sought a recourse by filing a petition which was still pending until the next election 2013 upon which arnad
Capitan also filed his COC for maroyalty post of kauswagan
On the same year 2013, the court rendered a decision in the petition of maquiling, reversing the comelec en banc's re
Maquiling as the duly elected mayor of Kauswagan. The court agreed with the pronouncement of the comelec first
affidavit of renunciation. This does not mean that he failed to comply with the twin requirements. It was after comp
disqualified him from running for an elective office since Arnado was considered a dual citizen
With this decision, Capitan, the sole rival of Arnado for the mayoralty post, filed a petition seeking to disqualify the latt
The resolution was however overtaken by the 2013 election where arnado garnered the highest number of votes and w
Capitan filed another petition this time seeking to nullify Arnado's proclamation. He argued that the decisio of the cou
running for any local for any local elective office. Hence, Arnado's proclamation is void and without legal effect
The Comelec second division promulgated a resolution granting the petition of Capitan. The proclamation of Arnado w
Arnado filed an urgent motion for issuance of status quo ante order or temporary restraining order in view of the issu
Arnado argued the ff reasons:
That the comelec incurred abuse of discretion for the ground of
forum shopping or late filing
disfranchising of the 84% of the voters of causwagan
disqualifying the petitioner eventhough the latter has fully complied with the requirements of filing COC
Issue
Did the comelec committed a grave abuse of Discretion
Held
No. The petition was dismissed

When the Law do not distinguish, the court should not distinguish
Republic of the Philippines represented by AFP vs. Daisy R. Yahon
Facts
Sgt Yahon was married to the respondent. A TPO has been issued against sgt Yahon. During the scheduled pre trial, Sg
councel and requested for time to hire his own counsel. Consequently, in his failure appear in the subsequent hearing
In addition, to provide for the financial spousal support to his wife from his retirement benefits. However, the AFP fin
cannot be given as it is from a military institution. The petitioner contended that money due to Government employe
garnishment
Issue
Whether of not the retirement of Sgt Yahon be subject to the ruling of the court to provide a financial spousal suppor
Held
Retirement benefits of Sgt Yahon is subject to the financial spousal support of respondent. As a rule in statutory const
distinguish. Section 8 (g) of RA 9262 used the general term employer. It includes in its coverage the military institution
Juanito C. Pilar Vs. Comelec
Facts
Juanito C. Pilar filed a COC for the Position of Member of the Sangguniang Panlalawigan of Isabela. Consequently, the
Thereafter, the Comelec imposed upon the petitioner the fine of 10,000.00 pesos for failure to file his statement of co
motion for reconsideration of the petitioner and deemed final.
The Petitioner went to comelec En Banc but the the petition was denied in a resolution
The petitioner argues that he cannot be held liable for failure to file a statement of contributions and expenditures be
candidacy three days after his filing. The petitioner further argued that "it is clear from the law that the candidate m
Issue
 Whether or not the petitioner can be considered a candidate despite the withdrawal of his certificate of candidacy
Held
The Petitioners argument is without merit
The law states that "every candidate" has the obligation to file his statement of contribution and expenditures". The l
the same. Thus the petition was dismissed
If the law makes no distinction, neither should the court
People of the philippines vs. hon judge antonio c. evangelista and guildo tugonon case digest
Facts
Guildo Tugonon was charged and convicted of frustrated homicide and sentenced with prison correctional
On appeal, the CA affirmed the private respondent's conviction but lowered the sentence 2 mos. Arresto mayor as a m
Judge Antonio Evangelista of RTC set the case for repromulgation
Private respondent filed a petition for probation
The probation officer denied the petition on the ground that by appealing the sentence of the trial court, when he cou
to make his application
The RTC set aside the Probation Officers recommendation and granted the respondents application for probation des
of the trial court
The prosecution filed a petition
Issue
Whether or not the RTC committed grave abuse of its discretion by granting private respondent's application for prob
of his conviction of the trial court
Held
The petition was granted and Judgement granting probation was set aside
The contention of the acused that a distinction should be drawn between meritorious appeal and unmeritorious appe
court

Exceptions in the Statutes

When the law does not make any exceptions, court may not except something unless reasons exist to justify it
Cecilio De Villa Vs. CA
Facts
Cecilio De Villa was charged by the RTC with the violation of the Bouncing Checks Law
De Villa filed a petition arguing that the check in question was drawn against the dollar account of the petitioner with
Issue
Whether or not the bouncing checks law does not cover a check drawn against a dollar account with a foreign bank
Held
It will be noted that the law does not distinguish the currency involved in the case. When the law does not make exce
justify it. Petition dismissed

General and Special Terms

General terms in an statute are to receive a general construction, unless rerstrained by the context or by plain inferences fro
General terms or provisions in a statute may be restrained and limited by specific terms or provisions with which they are as
Special terms in a statute may sometimes be expanded to a general signification by the consideration that the reason of the
General Terms may be restricted by specific words with the result that the general language will be limited by specific lang
the rule is applicable only to cases wherein, except for one general term, all the items in an enumeration belong to or fall u
Colgate Palmolive Phils Inc. vs. Pedro Gimenez as Auditor General
Facts
 The petitioner imported from abroad various materials for use as stabilizers and flavoring of dental cream it manufact
the central bank 17% special excise tax on the foreign exchange used for the payment of cost, transportation and oth
as the exchange tax law.
The petitioner filed with the central bank three applications for refund of the 17% it had paid at an aggregate amount
importation of dental cream stabilizers and flavors is exempt from the 17% special excise tax imposed by the exchan
23,958.13
The auditor of central bank, however, refused to pass in audit its claims for refund even at the reduced amount.
Petitioner appealed to the Auditor General but the latter affirmed the ruling of the auditor of the central bank maintai
used in the preparation and manufacture of food and food products
Issue
Whether or not the foreign exchange used by petitioner for the importation of dental cream stabilizers and flavors is
entitle it for refund
Held
The law did not distinguish between "stabilizers and flavors" used in the preparation and manufacture of food and foo
authorize to make a distinction as well. The ruling of the auditor general that the term stabilizers and flavors as used i
is based apparently in the principle of statutory construction that "general terms must be restricted by specific words
which indicates the statute's object and purpose. The rule, however, is applicable only to cases, exept for general term
items enumerated are not used in manufacture of food and food products therefore they do not belong to one class w
is not applicable in this case
The Decision is reversed

General Following Special Terms

It is a general rule of statutory construction that where general words follow an enumeration of persons or things, by words
in their widest extent but are to be held as applying only to persons or things of the same general kind or class as to those sp
is plain to the contrary
Ejusdem Generis
Broad and comprehensive expressions in an act, such as "and all others", or "any others" are usually to be restricted to
preceeding words
Ejusdem Generis, that is where general words follow an enumeration of persons or things, by words of a particular, and spec
to be held as applying only to persons or things of the same kind or class as those specifically mentioned.
Republic of the Philippines vs. Eutropio Migrino
Facts
The AFP Anti Graft and Corruption Board, under the Presidential Commission on Good Governance (PCGG), recomme
anti graft and corrupt practices act (Rep Act No. 3019) as ammended by (RA 379).
The private respondent moved to dismiss but the board opposed
The respondent filed a petition for prohibition with preliminary injunction with the RTC in Pasig. According to him he i
imputed on him are acts of his own alone not as a subordinate of former president marcos as stated in EO1. Hence
Issues
Whether or not private respondent acted as a subordinate of Pres. Marcos within the contemplation of EO1 and othe
Held
No. Applying the principle of Ejusdem Generis, the term subordinate used in EO no 1 and 2 would refer to one who en
It does not suffice that the respondent is a government official or employee during the pres. Marcos administration. T
wealth by virtue of his close association with former president marcos and/or his wife
People of the Philippines v.s Vicente Echavez Jr.
Facts
 The petitioner fiscal Abundo R. Ello, filed with the lower court separate informations against sixteen persons charging
5 of the informations before the accused could be arraigned were dismissed by the court on the grounds that the acc
stated in PD 772. In addition, under the rule of Ejusdem Generis, the decree does not apply to the cultivation of a graz
The respondent asked that the dismissal order be reconsidered and that the ammended information be admitted
The lower court denied the motion and insisted that the phrase "or any other purposes" in the decree does not includ
agriculture and makes reference to the affluent class
The Fiscal filed an appeal
Issues:
Whether or not PD 772 which penalizes squatting and similar acts applies to agricultural lands
Held
Yes. While the supreme court affirmed the dismissal of the trial court, it declared that the rule of "ejusdem generis inv
Here, the intent of the decree is unmistakable. It is intended to apply only to urban areas particularly to illegal constru
The rule of "ejusdem generis" is merely a tool for statutory construction which is resorted to when the legislative in
Alta Vista Gold and Country Club vs. The City of Cebu Et. Al
Facts
The sangguniang panlungsod of cebu city has promulgated a law for imposing tax of amusement places in their jurisd
The petitioner was assessed an amount 2,953,586.86 on its golf course
The petitioner refused to pay the said tax on the ground that the words "other places of amusement" must be interpr
viewing the show or performances" thus, golf course is not considered as amusement place
Issue
Whether or not golf course is to be considered as amusement place and be classified under "other places of amuseme
Held
Based on the principle of "ejusdem generis", the words "other places of amusement" must be interpreted as venues "
or performances thus golf course is not considered as "other places of amusement" as enumerated by law

Expressio Unius Est Exclusion Alterius (Express Mention and Implied Exclusion)
This principle means that the express mention of one person, thing, or consequence is tantamount to an express exclusion o
It is based upon the rules of logic and natural workings of the human mind.
On the contrary, it will serve only as a guide in determining the probable intention of the legislature, and if it should be clear
intend that its express mention of one thing should operate as exclusion of all others, then the maxim must give way
Municipality of Nueva Era Ilocos Norte vs. Municipality of Marcos, Ilocos Norte and CA
Facts
In a resolution entitled "Resolution claiming an area which is an original part of Nueva Era, But now separated due to
the SP of Ilocos Norte for its consideration and approval. In view of its claim over the middle portion of Nueva Era, Ma
the land area must be compact and contiguous, Nueva Era's northern isolated portion could no longer be considered
Thus, Marcos claimed that it was entitled not only to the middle portion of Nueva Era but also to nueva Era's Norther
Nueva Era reacted to the claim through a resolution alleging that since time immemorial, its entire land area was an a
that the land must be protected for the Tinguian and it must be preserved as part of Nueva Era.
Nueva ERA also claimed RA 3753 expresly named the 7 Barangays owned by Marcos and the latter should not go beyo
The SP of Ilocos Norte ruled in favor of Nueva Era. Its decision states that RA 3753 expressly named the barangays ow
rule of Express Mention and Implied Exclusion, non of the Barangays of Nueva ERA was included in creating Marcos
Issue
Whether or not CA erred in its appreciation of facts in declaring that Marcos East is not coterminous with the eastern
That it has no factual and legal basis to extend its teritory beyond those expressly mentioned in RA 3753
Held
 No Part of Nueva Era's teritory was taken for the creation of Marcos. Using the Rule of "Express mention implied exclu
as part of Marcos
The rule proceeds from the premise that the legislature would not have made specified enumerations in statute had t
expressly mentioned

Associated Words (Noscitur a Sociis)

Associated words explain the limit of each other.
When a word used in a statute is ambiguous or vague, its meaning may be made clear and specific by considering the comp
The meaning of a doubtful word or phrase may be ascertained by reference to the meaning of the other words or phrases w
Where several things are refered to, they are presumed to be of the same class when connected by a copulative conjunction
This rule is analogous to that which requires the words of a statute to be construed with reference to the subject matter of th
The rule directs us to seek the exact meaning of a doubtful word or phrase by a consideration of a tenor of the whole law and
Dra Brigida S. Buenaseda Et al vs. Secretary Juan Flavier
Facts
This is a petition for cetriorari, prohibition and mandamus directing the preventive suspension of the petitioner Dra. B
The respondents argue that the power of preventive suspension given by the ombudsman was contemplated in Secti
On the other hand, the solicitor general and the petitioner claimed that under the 1987 constitution, the ombudsman
preventive suspension of officials and employees hence, cannot order preventive suspension himself
Issue
Whether or not the ombudsman has the power to suspend government officials and employees working on the office
administrative complaints filed against said officials and employees
Held
When the constitution vested on the ombudsman the power "to recommend the suspension" of a public official and e
with "suspension" in section 13 of the Constitution refererred to penalties in administrative cases (eg. Removal, demo
should be given same sense as the other words which, it is associated.
In addition, the preventive suspension is imposed as an aid necessary in the conduct of of the investigation of the adm

Use of Negative Words

Negative words and phrases must be regarded as mandatory while those in the affirmative are mere directory
Manolo P. Fule Vs. The Honorable Court of Appeals
Facts
The petitioner was convicted of Violation of Batas Pambansa Blg 22 or the Bouncing Checks Law by the RTC of Lucena
during the pre-trial conference
It appears that stipulation of facts was not signed by the petitioner nor by his counsel. However, petitioner waived his
the stipulation of facts
On Appeal, the CA upheld the stipulation of facts and affirmed the judgement of conviction
Held
Section 4 of the 1985 rules of criminal procedure expressly used "negative words" stating that no pre-trial agreement
his counsel
Thus, the judgement was reveresed and ordered that the case be reopened and remanded the RTC of lucena for furth

The Use of May and Shall

Use of word "May" in the statute generally conotes a permissible thing while the word "shall" is imperative or necessary
Purita Bersabal Vs. Judge Serafin Salvador
Facts
 For failure of the petitioner to file her memorandum on time as required by the court of first instance of Caloocan, he
Issue
Whether or not the mere failure of an appellant to submit a memorandum as required by the court of first instance w
ground of failure to prosecute
Held
The provision provides that the parties may submit memoranda and/or brief with oral argument if so requested.
It used the word "May" which is a clear indication that the submission of memorandum is only permissive. As a gener
statute is permissive only not mandatory
ORDER of respondent judge was set aside and directed to decide on the case
Office of the Ombudsman vs. Merceditas De Sahagun Et. Al
Facts
An anonymous complaint was filed with the ombudsman against the BAC, where the respondent is the chairman, in r
which henson was dismissed from service since the contract entered into was perfected without the required public b
The Fact Finding Intelligence Bureau filed criminal and administrative charges against respondents for grave miscondu
violation of rules and regulations pursuant to the administrative code of 1987
The ombudsman found the respondents guilty of lesser offense of simple misconduct and suspended for six months w
Respondents filed petition for review with the CA assailing the orders of the ombudsman
The CA set aside the decision of the ombudsman and held that the respondents can no longer be prosecuted since th
period of 1 year
Secondly, that the ombudsman only has a recommendatory, not punitive, powers against erring government officials
Held
On the first Issue, administrative offenses do not prescribed since the issue is the preservation of public's faith and co
It is discretionary upon the ombudsman whether or not to conduct an investigation of a complaint even if it was filed
The use of the word may in the law makes it discretionary

The use of Must

The word "must" in a statute like "shall" is not always imperative and may be consistent with an exercise of discretion
Loyola Grand Villas Home Owners (South) Association vs. CA
Facts
This is a petition for review on cetriorary issued by Loyola Grand Villas Homeowners "South" Association questioning
Corporation (HIGC) in recognizing Loyola Grand Homeowners Association as the sole homeowners' association in Loyo
"North" and Loyola Grand "South". It elevates as a sole issue of whether or not Loyola Grand's failure to file its by-law
disolving the said corporation. The petitioner contends that the word "must" with respect to the filing of by-laws is m
the respondent Loyola Grand
Issue
Whether or not failure Loyola Grand's Failure to file its by-laws within the prescribed period by the corporation code h
Held
Under the Corporation Code, a private corporation commences to have Corporate Existence and Judicial Personality f
There was no showing that the registration of LGVHAI has been validly revoked, it continued to be duly registered hom
corporate dissolution for failure to file the by-laws was never the intention of the legislature. Under the principle tha
is only directory and not mandatory as can be shown in the legislative intent of the Corporation Code.
Thus, the petition is DENIED and the questioned decision of the court of appeals AFFIRMED

The use of And and Or

And means conjunction connecting words or phrases expressing the idea that the latter is to be added or taken along with t
 It is a conjunction used to denote a joiner or union
OR is a disjunctive particle used to express as alternative or give a choice of one among two or more things
It is to be used as a function word to indicate an alternative between different or unlike things
Ross Industrial Construction Inc. vs. NLRC and Jose Martillos
Facts
Jose Martillos filed a complaint against the petitioner illegal dismissal with the NLRC. The respondent alleged that he h
contract by the petitioner and that he was allegedly terminated without due process. The petitioners denied respond
occations as a project employee and his employment was coterminous with the duration of the projects.

The Labor Arbitrer ruled that the respondent had been illegally dismissed and ordered to pay an aggregate sum of 22
however, instead of posting the required cash or surety bond within the reglementary period, petitioners filed a moti
bond were on leave during the holiday season and made a commitment to post and submit the surety bond on a late
bond equivalent to the award of the Labor Arbitrer. In its resolution, the second division of the NLRC dismissed the pe
indispensable requisite for the perfection of an appeal by the employer and such requirement is not merely procedur
Issue
Whether or not filing of the appeal bond is substantial compliance with the NLRC rule
Held
The court settled that an appeal from the decision of the labor arbitrer involving a monetary award is only deemed pe
Note: Read sample in the book

Computation of Time
When the law speaks of years, months, days, or nights, it shall be understood that years are of 365 days, months of 30 days,
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
For purposes of determining whether or not a crime has prescribed, pursuant to provisions of article 90 of the revised penal
30 day month and not a calendar month
A week means a period of seven consecutive days without regard to the day of the week on which it begins
PNB vs. CA
Facts
To secure payment of his loan, private respondent mortgages two lots located at bocaue bulacan to the petitioner ba
mortgaged property and won the highest bidder at the auction sale. Eventually, a final deed of sale was registered in
and later sold the said lots to third persons
It appears that appellant's forclosed properties were published on March 28, April 11, and April 12, 1969 issues of the
Aprill 11 and 12, 1969 are on a Friday and Saturday, respectively. Section 3 of Act. No. 3135 requires that the notice o
Evidently, defendant-appellee bank failed to comply with this legal requirement
Issue
Whether or not the petitioner bank complied with the requirement of weekly publication of notice of extra-judicial fo
Held
It must be conceded that Article 13 is completely silent as to the definition of what is a "week". In conception vs. zand
of time consisting of 7 consecutive days. The publication effected on April 19, 1969 cannot be considered as sufficient
reckoned from March 28, 1969 until April 3, 1969 while the second week should be counted from april 4, 1969 until a
and physically accomplished during the first day of the third week and cannot thus be equated with compliance in law
reference to the calendar, it means a period of 7 consecutive days without regard to the day of the week on which it b
Certainly, it would have been absurd to exclude March 28, 1969 as reckoning point. In line with the third paragraph o
as to make the last day thereof fall on April 4, 1969 because this will have the effect of extending the first week by an
 Thus, petition for cetriorary dismissed. Auction sale of mortgaged property deemed void and of no legal effect

Function of Proviso
Proviso
is a clause or part of a clause in the statute, the office of which is either to except something from the enacting clause, or
interpretation of its extent. "Provided" is the word used in introducing a proviso
ALU-TUCP VS. NATIONAL LABOR RELATIONS COMMISSION AND NATIONAL STEEL CORPORATION
Facts
Petitioners, as employees of private respondent National Steel Corporation (NSC), filed separate complaints for unfair la
Arbitration branch XII, Iligan City. The complaints were consolidated and after hearing, the Labor Arbitrer declared petiti
for as long as such (project) activity exists," but entitled to the salary of a regular employee pursuant to the provisions in

The NLRC in its questioned resolutions modified the labor arbitrer's decision. It affirmed the labor arbitrer's holding that
specific undertaking- the five years expansion program, the completion of which had been determined at the time of th
manufacturing. The NLRC, however, set aside the award to petitioners of the same benefits enjoyed by regular employe

The law on the matter is Article 280 of the labor code where the petitioners argue that they are "regular" employees of
respondent's main business, steel-making"; and (2) they have rendered service for six (6) or more years to private respo
Issue
Whether or not petitioners are considered "permanent employees" as opposed to being only " project emplyees" of NS
Held
No. Petition for Cetriorari dismissed for lack of merit. NLRC resolutions affirmed.
Function of the proviso
Petitioners are not considered permanent employees. However, contrary to petitioners' apprehensions, the designati
project are affected and implemented in good faith, and not merely as a means of evading otherwise applicable requi

On the claim that petitioners service to NSC of more than six (6) years should qualify them as "regular employees" the s
employment of petitioners as project employees had gone beyond one (1) year, does not detract from, or legally dissolv
labor code, quoted above, providing that an employee who has served for atleast one (1) year, shall be considered a reg

Applying the Function of Proviso

The proviso in the second paragraph of Article 280 relates only to casual employees and is not applicable to those wh
The familiar gramatical rule is that, a proviso is to be construed with reference to the immediately preceding part of t
the clear legislative intent is to restrict or qualify not only the phrase immediately preceding the proviso but also earli

Petition dismissed
Presumptions
In construing a doubtful or ambiguous statute, the court will presume that it was the presumption of the legislature to enac
than maybe necessary to effectuate the specific purpose of the act in question

Presumption Against Unconstitutionality

Laws are presumed constitutional. To justify nullification of a law, there must be a clear and unequivocal breach of the cons
A law shall not be declared invalid unless the conflict with the constitution is clear beyond reasonable doubt
Aris (Phil.) Inc., v. NLRC.
Facts
 Private respondents who were employees of the petitioner lodged a protest action against the management concerni
actions, private respondents were removed for violation of company rules and regulations.
Private respondents filed a complaint for illegal dismissal against the petitioner with the NLRC. After due trial, the labo
Pending appeal by the petitioner private respondents move for the issuance of a writ of execution pursuant to section
Petitioner assails the constitutionality of the ammendment introduced by section 12 republic act 6715 to Article 223 o
pending appeal of the reinstatement aspect of the decision of a labor arbitrer reinstating a dismissed or separate emp
implementing the same
Held
The validity of the questioned law is not only supported and sustained by the foregoing consideration. As contended b
if the right of an employer to freely discharge his employees is subject to regulation by the state, basically in the exer
the citizens is a basic duty of the state, that is more vital than the preservation of corporate profits.
Alfredo Lim vs. Pacquing and Associated Development Corporation.
Facts
EO 392 was issued transferring the authority to regulate jai-alais from local government to the games and amusemen
Thereafter, the Municipal Board of Manila nontheless passed ordinance number 7065 entitled "an ordinance authoriz
establish maintain and operate a jai alai in the city of manila under certain terms and conditions and for other purp
PD 771 was issued by the president Marcos. The degree entitled "Revoking all powers and authority of local governm
public on horse and dog races, jai alai or basque pelota, and other forms of gambling, in section 3 thereof, expressly
Associated Development Corporation (ADC) tried to operate a jai alai. The government through games and amuseme
franchises and permits to operate all forms of gambling facilities (Inc. Jai Alai) by local governments. ADC assails the
Issue
Whether or not PD 771 is violative of the equal protection and non-impairment clauses of the constitution
Held
No. PD no. 771 is valid and constitutional
Presumption against unconstitutionality
There is nothing on record to show or even suggest that PD No. 771 has been repealed, altered or amended by any
powers)
Jovencio Lim and Teresita Lim v. The People of the Philippines.
Facts
The constitutionality of PD 818, a decree which amended article 315 of the revised penal code by increasing penalties
petition for cetriorary, for being violative of due process clause, the right to bail and the provision against cruel, degra

Petitioners contend that, in as much as the amount of the subject cheque is 365,750, they can be penalized with reclu
according to the petitioners is too severe and disproportionate to the crime they committed and infringes on the e
of cruel, degrading and inhuman punishment
Held
PD 818 is constitutional
Clearly, the increase in penalty, far from being cruel and degrading, was motivated by a laudable purpose, namely, to
economic growth, and to serve as a necessary precaution to deter people from issuing bouncing cheques. The fact t
proves that the amount is immaterial and inconsequential. What the law sought to avert was the proliferation of es
purpose for which said law was decreed, we conclude that PD 818 does not violate section 19 of article III of the con
Moreover, when a law is questioned before the court, the presumption is in favor of its constitutionality. To justify its
a doubtful and argumentative one.
Presumption Against Injustice
Unquestionably, the law should never be interpreted in such a way as to cause injustice as this is never within the legislative
 motives of the legislature is to render justice
Thus, we interpret and apply the law not independently of, but in consonance with, justice. Law and justice are inseparable
Salvacion v. Central Bank of the Philippines.
Facts
On february 4, 1989, Greg Bartelli Y Northcott, an american tourist coaxed and lured petitioner Karen Salvacion, then
Salvacion for 4 days or up to February 7, 1989 and was able to rape the child once on February 4, and three times eac
living nearby, rescued karen, Greg Bartelli was arrested and detained at the Makati Municipal Jail. The policemen reco
303 USD 3,903.2; (2) Coconut bank book (3) dollar account in china bank (4) ID (5) Philippine Money 234 cash (6) door

Criminal case for serious illegal detention, 4 counts of rape and civil case for damages with preliminary attachment wa
issued a writ of preliminary attachment and notice of garnishment was served to china banking corporation where Ba
960 to the effect that the dollar deposits of defendant bartelli are exempt from attachment.

Eventually, judgement by default was rendered against the defendant Bartelli where he was ordered to pay the plainti
and cost of the suit. The corresponding writ of execution was issued but respondents china bank and central bank of t
from attachment-foreign currency deposits shall be exempt from attachment, garnishment or any other order or proc
whatsoever" . The reason advanced by central bank is to assure the development and speedy growth of foreign curre
encourage the inflow of foreign currency deposits into the banking institution.
Issue
Whether or not Sec 113 Central Bank Circular 960 and sec. 8 of RA 6246 as amended by PD 1246 otherwise known as
Held
The application of the law depends on the extent of injustice. Eventually, if we rule that the questioned circular which
applicable to a foreign transient, injustice would result especially to a citizen aggrieved by foreign guest like Bartelli. T
doubt in the interpretation or application of laws, it is presumed that the law making body intended right and justic

It would be unthinkable, that the questioned Sec. 113 of Central Bank Circular 960 would be used as a vehicle by accu
the innocent
Petition Granted. Law should not be interpreted so as to cause an injustice
Alonzo and Alonzo v. IAC and Tecla Padua
Facts
Five brothers and Sisters inherited in equal proviso shares of parcel of land registered in the name of their deceased p
petitioners by way of an absolute sale. Thereafter, Eustaquia padua his sister sold her own share to the same vendee
the petitioners occupied, after the said sales, an area corresponding to two-fifths of the said lot representing the porti
a semi-concrete house on a part of the enclosed area.

Mario Padua, one of the five co-heirs, sought to redeem the area sold to the spouses alonzo, but his complaint was di
another co-heir, filed her own complaint invoking the same right of redemption claimed by her brother.

The trial court also dismissed this complaint, now on the ground that the right had lapsed, not having been exercised
written notice, it was held that actual knowledge of sales by the co-heirs satisfied the requirement of the law.

In reversing the trial court, the respondent court declared that the notice required by the said was written notice and
vs. Court of Appeals applied by the trial court, the respondent court held that the decision, interpreting a like rule in a
required
Issue
 Was there a valid notice? Granting that the law requires the notice to be written, would such notice be necessary in th
there be any question that the 30-day period for redemption has expired long before the complaint was filed in 1977
Held
In the face of the established facts, we cannot accept the private respondents' pretense that they were unaware of th
of such notice, we would be closing our eyes to the obvious truth in favor of their palpably false claim of ignorance, th
sure that the redemptioners are duly notified. We are satisfied that in this case, the other brothers and sisters were a
such notice was sufficient

Presumption against implied repeals

Interpretare et concordare legibus est optimus interpretendi
Every statute must be so interpreted and brought into accord with other laws as to form a uniform system of jurisprudenc
The legislature should be presumed to have known the existing laws on the subject and not to have enacted conflicting stat
In the absence of an express repeal, a subsequent law cannot be construed as repealing a prior law unless an irreconcilabl
terms of the new and old laws
Achilles C. Berces, Jr. V.s. Hon Executive Secretary Teofisto Guingona Jr. et al
Facts
Petitioner filed two administrative cases against mayor Naomi C. Corral of Tiwi Albay for abuse of authority and/or op
The Sagguniang Panlalawigan ruled in favor of the petitioner and ordered the suspension of mayor corral, who appea
under Section 67(b) of the local government code and prayed to stay execution
The office of the president ordered the stay of execution of the decision of the sangguniang panlalawigan of Albay to
Motion for reconsideration having been denied, petitioner filed for cetriorary and prohibition
Held
Execution is governed by section 68 RA No. 7160 and section 6 of administrative no. 18 dated 12 February 1987. state
final and executory
Petitioner invokes the repealing clause of Section 530(f) RA No. 7160 which provides: all laws which are inconsistent w
modified accordingly
The afformentioned clause is not an express repeal of Section 6 of administrative code No. 18 because it failed to iden
intended to be repealed
In the absences of express repeal, a subsequent law cannot be construed as repealing a prior law unless an irreconcila
and the old laws
The provisions on the case at bar are not irreconcilably inconsistent and repugnant and the two laws must in fact be r
Almadovar Et. Al. v. Chaiperson Ma. Gracia M. Pulido-Tan, COA

Repeals of statue by implication not favored

The above repealing clause is certainly not an express repealing clause because it fails to identify or designate the act or act
repealing provision. It is a clause which predicates the intended repeal under the condition that a substantial conflict mus
that repeals of statutes by implication are not favored. The presumption is against inconsistency and repugnancy for the l
to have enacted inconsistent or conflicting statues
Antonio Mecano v. COA
Facts
Antonio Mecano, through the petition for cetriorari, seeks to nullify the decision of the Commission on Audit denying
under Section 699 of the revised administrative code, as amended in the total amount of 40,831.
COA Chairman denied petitioner's claim on the ground that section 699 of the RAC has been repealed by the administ
restated nor reenacted in the administrative code of 1987
Issue
 Whether or not the enactment of administrative code of 1987 operates to repeal the revised administrative code of 1
Held
In the case of the two Administrative Codes in question, the ascertainment of whether or not it was the intent of the
scrutiny of the repealing clause of the new code. The repealing clause of the new code is as follows:
"Section 27 Repealing Clause: All laws, decrees, orders, rules and regulations, or portions thereof, inconsistent wi
The above repealing clause is certainly not an express repealing clause because it fails to identify or designate the act
repealing provision. It is a clause which predicates the intended repeal under the condition that a substantial conflic
that repeals of statutes by implication are not favored. The presumption is against inconsistency and repugnancy fo
to have enacted inconsistent or conflicting statues
Petition granted and respondent was ordered to give due course to petitioner's claim for benefits

Presumption against Ineffectiveness

In the interpretation of a statute, the court should start with the assumption that the legislature intended to enact an effecti
Danilo Paras v. COMELEC
Facts
Petitioner Paras is an encumbent punong barangay of pula. A petition for his recall as punong barangay was filed by th
petition and set the recall election. Atleast 29.30% of the registered voters signed the petition, well above the 25%
in view of petitioner's opposition.
Petitioners argument is simple and to the point. Citing section 74(b) of Republic Act no. 7160, otherwise known as the
year from the date of the official's assumption to office or one (1) year immediately preceding a regular local electio
recall election can be had for barely four (4) months separate the SK election from the recall election.
Issue
Whether or not SK election can be considered a regular local election
Held
In the interpretation of a statute, the court should start with the assumption that the legislature intended to enact an
a vain thing in the enactment of a statute. An interpretation should be avoided under which a statute or provision b
emasculated, explained away or rendered insignificant, meaningless, inoperative or nugatory

Presumption against absurdity

Statutes must receive a sensible construction such as will give effect to the legislative intention so as to avoid an unjust or ab
Presumption against undesirable consequences were never intended by a legislative measure
Commissioner of Internal Revenue v. ESSO Standard Easter Inc., and CTA
Fact
ESSO overpaid its 1959 income tax amounting to 221,033. It was granted a tax credit for this amount.
However, ESSO's payment was found to be short by 367,994 on 1960. Commissioner wrote ESSO payment of the defi
ESSO paid under protest the amount alleged to be due, including the interest as reckoned by the commissioner .
ESSO claimed that it should not have been required to pay interest on the local amount of deficiency tax of 367,994 b
against the amount due
Commissioner denied the claim for refund
ESSO appealed to the CTA and the court granted the former's claim for refund
Commissioner appealed to supreme court
Held
The government already had in its hands the sum of 221,033 representing excess payment. Having been paid and rec
belonged to ESSO and the Government had the obligation to return it to ESSO
The obligation to return the money mistakenly paid arises from the moment that payment is made, not from the time
 To interpret the words of the statute in such a manner as to subvert these truisms simply cannot and should not be co
"Nothing is better settled than that courts are not to give words a meaning which would lead to absurd or unreasonab
"Statutes should receive a sensible construction such as will give effect to the legislative intention and so as to avoid a
PETITION for REVIEW denied

Ursua Vs. CA
Facts

Issue
Whether or not the use of a different name belonging to another in isolated transaction falls within the prohibition of
Held
For a bit of history, the enacment of CA 142 as amended was made primarily to curb the common practice among the
confusion in the field of trade. Clearly therefore, an alias is a name or names used by a person intended to be used
name by which he is registered at birth or baptized the first time or substitute name authorized by a competent aut
Hence, the use of fictitious name or a different name belonging to another person in a single instance without any sig
real name from that day forth does not fall within the prohibition contained in CA 142 as amended
There exist a valid presumption that undesirable consequences were never intended by a legislative measure and tha
all objectionable, mischievous, indefensible, wrongful, evil and injurious consequences
Petitioner acquitted

Presumption against violation of international law

This presumption is in conformity with the declaration of principles and state policies in our Constitution. It states that the P
principles of international law as part of the law of the land and adheres to policy of peace, equality, justice, freedom, coo
and the subsequent

p of the president

large portion of the country's bureaucracy

dable and enforceable. This branch determines

on on the part and instrumentality of the government
declare a treaty, international or executive agreement,

les and orders, legislative rules and presidential issuances

onstitution shall form part of the legal system of the Philippines

e procedure required to constitute it as part of the law of the land

nary government (Aquino) are also considered statutes because they were passed by the president
ning of a prior statute

of public and private administrative powers which in the absence of which

have been valid if the statue has so provided at the time of enacting

ne in a certain manner or form

mance. It is generally affirmative in its terms recomment a certain act or omissions,

criminal law

orce in opposition to the statute

ed to mislead the public

rpose of the bill

d it had it forseen that some part of it is invalid

ete and workable

n or execution of constitutional or statutory powers

nce of his duties as administrative head

rest, upon the existense of which the operation of a specific law or regulation is made to depend

est which only concern a particular officer or office of the government

es to bring to the attention of all or some of the departments, agencies, bureaus, or offices

of the Philippines

e the force and effect of law or partake the nature of the statute
ved by the president

the courts. If there has been any mistake in the printing of the bill before it was certified,

nicipal government

tion be taken

law with respect to its application to a given case

ords of the law (ie: determining the spirit of the law)

rs of the law based on its words or language.

tions which are in the spirit though not within the letter of the text

ndable and enforceable

ess jurisdiction on the part of any branch or instrumentality of the government

eral meaning (Plain Meaning Rule)

s only room for application

n if the law may be harsh or erroneous
f the law based on its language
on by drawing conclutions that goes beyond the direct expressions of the text (ie: determining the spirit of

n of legal writings

ds in their narrowest meaning.

fic or superior principle

to his preconceived view and desires

nd statutes which include ordinances. But we may add resolutions, executive orders,

a house of representatives
adings on separate days. When a bill is passed by both houses, it shall be transmitted to the president
differences. If both houses concur with all the ammendments, it shall be signed and authenticated by
shall be submitted to the president for approval

ng separately

and printed copies thereof in its final form shall be distributed to each member 3 days
calamity or emergency

2 of RA 9646 otherwise known as the real estate service act of the Philippines
mandate of the Philippine constitution that

or as long as all parts of the statute are related and are germane to the

men of common intelligence must necessarily guess at its meaning

revoked and abrogated
oncilable with those of former law that only one of those two statutes

onal law making body

d with the intention of its law makers and such intent may be deduced

e of divorce issued by appropriate court in holand

sem made a promise to provide monthly support to their son. However,
gain a Filipina and resided in cebu where Soccoro also reside. Socorro then

lted and humiliated her in a "hostile and furious mood" and in a manner
c policy". The transcript on which the civil case was based was culled (gathered)
petitioner was illegal in violation of RA 4200 "An act to prohibit and penalize

ther than the participant to the communication

ed the decision of the RTC and pointed out that the respondent judge of the

conversation
es to private conversation

shes is the act done "wire tapping of private communication" which is prohibited and penalized by the law

ty sought to be penalized by the statute is a party to the communication or

ordinary meaning of the word communication is "to share or to impart". In a private conversation, sharing

alazar Fernando for computation/adjustment of Longevity pay

missioner of the National Labor Relations Commission (NLRC) in the computation of her longevity pay
of justice and equity to which the judiciary stands for

f batas pambansa big. 129

es of the court of appeals.
august 26, 2006 at which time she was still NLRC commissioner
e for up to 5 years from the date of effectivity of RA 9347 or from August 26, 2006 up to August 26, 2011

and the members of the commission shall have the same rank, receive an annual salary equivalent to,
tice and associate justices of the court of appeals, respectively.
ion, allowing her 30 days within which to explain her side about the loss of an airconditioner that she did not
s of the same. However, he filed a complaint against the petitioner for illegal suspension which was later

code which protects the security of tenure of the employee

issed from work shall be entitled to reinstatement and full back wages". Under the principle of statutory
aning and applied without attempted interpretation. Since there is no evidence to show an authorized or
code is entitled to reinstatement and full back wages allowed by the court

d murder and were sentenced to imprissonment. The petitioner and his son-in-law appealed and the CA
onspiracy between him and his son-in-law. Based on his acquittal, he filed a claim under RA 7309 sec. 3a
ted" by the trial court

e was "unjustly convicted" by the trial court

Please note that unjust conviction has something to do with the manner of his conviction rather than with his
t the crime has been committed and that the petitioner is probably guilty thereof. Probable guilt is not

ely a particular provision

led to the respondent NLRC which dismissed the petitioner's appeal on the ground of failure to post

rom a decision of the POEA to the NLRC after having posted a total bond of 150,000.00 and placed in

ety bonds and the escrow money, an appeal in an amount equivalent to the monetary award is required
urther insure the payment of the monetary award in favor of the employee if it is eventually affirmed on

ffice of the ombudsman, for failure to disclose in his SALN his financial and business interest/connection on
gistered in the name of his son which are parts of his assets, to the damage and prejudice of public interest.
he only had salary grade 26 which is below the salary grade 27 requirement in order for sandigangbayan to
e jurisdiction of the sandigangbayan

has no jurisdiction over violations of Section 3(a) and (e), Republic Act no. 3019 as ammended
e petitioner is a regional director of the BIR, it does'nt mean that he is under the jurisdiction of the
the sandigang bayan incurred a serious error of jurisdiction and conducting a grave abuse of

that gives the language used in a statute a meaning that does not accomplish its purpose for which it is

quiring whether the members of the sangguniang bayan of Paranaque and other municipalities of Metro Manila
to reduce the number of candidates to be voted for
e appointment of sangguniang panglungsod and bayan seeks to reduce the number of candidates to be voted for
tition for reversal of the position of the respondent. Petitioner insisted that the sangguniang bayan of

metro manila enumerated therein, would be elected by district

( c ) Section 3, cities with 2 or more legislative districts shall continue to be elected by district, as well as

the spouses, salenillas. The petitioner elena salenillas is a daughter of the encisos. The petitioners mortgaged
trajudicial forclosure of mortgage was instituted by PNB and the respondent Guerra obtained the property as the

oners refused to vacate the land and instead offered to repurchase the property section 119 of the public

eration but was denied. The petitioners appealed to the CA alleging that the trial court acted with grave abuse
y from the parent to the child for a nominal sum disqualied the latter of being a legal heir

n 119 of the public land act

Land Act. It is clear that only three types of persons are bestowed the right to repurchase. That is the

ade by the respondent contravenes the very purpose of the act.

ed coup d'etat that took place of December 1989

ory challenges against the president and members of GCM no. 14. They invoked Art 18 of com act no. 408

w itself ceases. Withrawal of the right to peremptory challenge in PD 39 became ineffective when the

ise the right of peremptory challenge

they had been expressed

ich is expressed

was approved on December 2 1988 providing for benefits for early retirement and voluntary separation from
tirement Law"

ed an application with the respondent national irrigation administration which, however, was denied.
tends that petitioner's employment was co terminous with the project per appointment papers kept by

ts of RA no 6683. "Early Retirement Law"

sual, emergency employee which are all tenurial employees with no fixed term, non career and temporary.
es would be denied with benefits that are received by a class of equal or similar footing.
atute us as much as that which is expressed
ippines, Inc.

ercentum of the assessed value of the real property in addition to the regular property tax levied thereon

eans of ordinance no. 7125. The board imposed additional one half percent realty tax

ed the city of manila's contention that the additional one-half percent realty tax was sanctioned by the

e half percent of the pre existing one and one-half percent realty tax

een omitted intentionally

sed election code prohibiting an active intervention of public officers and employees to exert influence in

stice of peace is not included in the enumeration. Siting the rule of Casus Omissus, the defendant contends
f Cacus Omissus cannot be applied.

hanged by the word judge

of peace and justice of first instance were changed to a general term judge)

case. This is to ensure that cases with similar scenarios and facts are approached in the same way

e liability of court cost) that OCT no. 735 and titles derived therefrom be declared void (covering sta mesa and
he disputed land based on the alleged acquisition by their father by means of a spanish title

ription, laches and prior judgement

f the disputed land from Aquias were allowed to intervene in the case

our by respondents Aquial and Cordova

ents and do not disturbed what has been settled), it becomes evident that respondents Aquial and Cordova
the courts that OCT no. 735 is valid and no longer open to attack

of the United States of America

pplied of repatriation and took an allegiance to the Republic of the Philippines and an order of approval

remained a US citizen because he continued to use his US passport for entry to and exit from the Philippines
ed as the winning candidate
se of his US passport effectively negated his affidavit of renunciation of foreign citicenship thus nullifying

se and argued that the comelec of first division erred in applying the rule of succession
held that Arnado's use of hid US passport did not operate to revert his status to dual citizenship. Comelec en
hilippine Passport at the time of the relevant foreign trips. The comelec en banc also noted that upon receiving
 2013 upon which arnado filed his COC for the same position

the comelec en banc's resolution, disqualified arnado from running for the elective position, and declared
ment of the comelec first division that Arnado's act of consistently using his passport effectively negated his
ments. It was after complying with the requirements that he performed positive acts which effectively

king to disqualify the latter from running and cancel his COC based on the Maquiling ruling
est number of votes and was proclaimed the as the winning candidate
hat the decisio of the court over the maquiling case, there is no doubt that arnado is disqualified from
without legal effect
roclamation of Arnado was annuled and Capitan was declared as duly elected mayor of causwagan
order in view of the issuance of the comelec en banc of a writ of execution to implement its resolution

nts of filing COC

he scheduled pre trial, Sgt Yahon appeared but informed the court that he did not have a
n the subsequent hearings, the court has granted a PPO for the respondent against Sgt Yahon.
ts. However, the AFP financial center contended that half of the retirement benefits of Sgt Yahon
to Government employees is not liable to the creditors of said employees in the process of

financial spousal support of respondent

a rule in statutory construction, when the law does not distinguish, the court should not
ge the military institution, which is the employer of Sgt Yahon

abela. Consequently, the petitioner withdrew his certificate of Candidacy

o file his statement of contributions and expenditures. The Comelec denied the

ons and expenditures because he was a "non candidate" having withdrawn his certificate of
law that the candidate must have entered the political contest, and should have either won or lost"
ertificate of candidacy

and expenditures". The law did not distinguish whether the candidate pursued his candidacy or withdrawn

n correctional
mos. Arresto mayor as a minimum to 2-4 years prision correctional as maximum

e trial court, when he could have applied for probation, private respondent waived the right

cation for probation despite the fact that he had appealed from the judgement of his conviction of the trial

ent's application for probation despite the fact that he had appealed from the judgement

and unmeritorious appeals is without merit. The law does not make any distinction so neither should the

nt of the petitioner with a foreign bank and therefore not covered by the bouncing Checks law

nt with a foreign bank

law does not make exception, the court may not except something unless compelling reasons exist to

or by plain inferences from the scope or purpose of the act

ns with which they are associated
on that the reason of the law is general
e limited by specific language which indicates the statutes object and purpose.
eration belong to or fall under one specific class
dental cream it manufactures. For every importation made of these materials, the petitioner paid
, transportation and other charges incident thereto pursuant to RA601 as amended commonly known

at an aggregate amount of 113,343.99 claiming that the forex it used for the
x imposed by the exchange tax law. The officer in-charge of the exchange approved a reduced amount of

e reduced amount.
the central bank maintaining that "stabilizers and flavors" mentioned in the exchange tax law refers only to those

stabilizers and flavors is exempt from the 17% special exice tax imposed by the exchange tax law so as to

nufacture of food and food products and those used in manufacture of toothpaste thus the court is not
zers and flavors as used in the law refers only to those used in the manufacture of food and food products
tricted by specific words with the result that the general language will be limited by specific language
es, exept for general terms, where all the items belong to specific class. In the case at bar, some of those
not belong to one class which means that the principle that general terms must be restricted by specific terms

sons or things, by words of a particular and specific meaning, such general words are not to be construed
nd or class as to those specifically mentioned. But this rule must be discarded where the legislative intention

sually to be restricted to persons or things "of the same kind" or class with those specially named in the

of a particular, and specific meaning, such general words are not to be construed in their widest extent but are

nance (PCGG), recommended recommended that the respondent be prosecuted and tried for violation of the

ig. According to him he is not one of the "subordinates" contemplated in EO1 and the alleged illegal acts
as stated in EO1. Hence the PCGG has no Jurisdiction to investigate him

mplation of EO1 and other related executive orders

ould refer to one who enjoys a close association or relation with former president marcos and/or his wife.
Marcos administration. There must be a prima facie evidence that the respondent unlawfully accumulated
sixteen persons charging them with squatting as penalized by PD 772
the grounds that the accused entered the land through stealth and and strategy not by intimidation or force as
o the cultivation of a grazing land
rmation be admitted
e decree does not include agricultural purposes because its preamble does not mention the secretary of

e of "ejusdem generis invoked by the trial court does not apply in this case
ticularly to illegal constructions.
o when the legislative intent is UNCERTAIN

ent places in their jurisdiction

sement" must be interpreted as venues "where one seeks admission to entertain oneself by seeing or

other places of amusement" as enumerated by law

e interpreted as venues "where one seeks admission to entertain oneself by seeing or viewing the show
erated by law

to an express exclusion of all others

, and if it should be clearly apparent, in any particular case, that the legislature did not in fact
axim must give way

t now separated due to creation of town in the province of ilocos norte", Marcos submitted its claim to
portion of Nueva Era, Marcos posited that nueva era was cut into 2 parts and since the law required that
no longer be considered as its teritory but Marcos'.
o to nueva Era's Norther portion. These areas claimed by Marcos were within Brgy Sto. Nino, Nueva Era
entire land area was an ancestral domain of the "tinguians" an indigenous ancestral community. It argued

latter should not go beyond the authoriy of said Barrios

named the barangays owned by Marcos and non of nueva Era's baranggays were mentioned. Applying the
ded in creating Marcos

minous with the eastern boundary of its mother town Dingas

ess mention implied exclusion" no part of nueva era was mentioned in RA 3753 therefore, no part must be taken

merations in statute had the intention been not to restrict its meaning and to confine its terms to those

by considering the company in which it is found and the meaning of the terms which are associated with it
other words or phrases with which it is associated
a copulative conjunction, unless a contrary intent plainly appears
o the subject matter of the act, but is not identical with it
nor of the whole law and the object and purpose of the legislature in enacting it

n of the petitioner Dra. Buenaseda and others for violation of anti graft and corrupt practices act
as contemplated in Section 13(8) of article XI of the 1987 constitution.
titution, the ombudsman can only recommend to the heads of the departments and other agencies the

ees working on the offices other than the office of the ombudsman pending the investigation of the

" of a public official and employees, is referred to suspension as punitive nature. All the words associated
ases (eg. Removal, demotion, fine censure). Under the rule of " Associated words", the word suspension

investigation of the administrative charges

aw by the RTC of Lucena on the basis of stipulation of facts entered into between the prosecution and defense

er, petitioner waived his right to present evidence and, in lieu thereof, submitted a memorandum confirming

t no pre-trial agreements must be used against the accused unless reduced to writing and signed by him and

he RTC of lucena for further reception of evidence

perative or necessary
instance of Caloocan, her appeal was dismissed

e court of first instance would empower the latter to dismiss a case on the

ent if so requested.
y permissive. As a general rule in stat con, the word "May" when use in an

dent is the chairman, in relation to the latter's participation in the contracts with brand asia, ltd. for
out the required public bidding in violation of the anti-graft and corrupt practices act
dents for grave misconduct, conduct grossly prejudicial to the best interest of the service and gross

pended for six months without pay

r be prosecuted since the complaint was filed more than seven years which is way beyond the prescribed

ing government officials and Employees

n of public's faith and confidence in our government

plaint even if it was filed after one year from the occurrence of act or omission complained off

ercise of discretion

Association questioning the decision of the CA affirming the decision of the Home Insurance and Guarranty
wners' association in Loyola Grand Villas and revoking the certificates of registration issued to Loyola Grand
's failure to file its by-laws within the prescribed period by the Corporation code had effects of automatically
the filing of by-laws is mandatory and non compliance therewith did not complete the corporate entity of

by the corporation code had effects of automatically disolving the said corporation

and Judicial Personality from the date the SEC issued a certificate of incorporation under its official seal.
to be duly registered homeowner's association in the Loyola Grand Villas. It has been held that automatic
Under the principle that the best interpreter of a statute is the stutatute itself, the use of the word "must"

ed or taken along with the first

pondent alleged that he had been hired as a driver-mechanic but was not made to sign any employment
titioners denied respondent's allegations and contended that the respondent had been hired on several
he projects.

an aggregate sum of 224,647.17 representing back wages and other unpaid benefits. Petitioner filed an appeal
, petitioners filed a motion for extention of time to submit the required surety bond as the signatories to the
he surety bond on a later date. The NLRC did not act on the motion. Thereafter, the petitioner filed the surety
e NLRC dismissed the petitioner's appeal due to lack of jurisdiction. The NLRC stressed that the bond is an
t is not merely procedural but is mandatory and jurisdictional

award is only deemed perfected upon the posting of a cash or surety bond within 10 days from such decision

days, months of 30 days, Days of 24 hours, and nights from sunset to sunrise
respectively have

e 90 of the revised penal code, the term month shall be understood as a

acan to the petitioner bank. For failure to pay the obligation, petitioner bank extrajudicially forclosed the
of sale was registered in the bulacan registry of property on March 19, 1965 in favor of the petitioner bank

ril 12, 1969 issues of the news paper "Daily Record". The date march 28, 1969 falls on Friday, while the dates
equires that the notice of auction sale shall be "published once a week for atleast three consecutive weeks.

notice of extra-judicial foreclosure of mortgages

". In conception vs. zanduet; Moreno, Philippine Law Dictionary, this term was interpreted to mean as a period
considered as sufficient advertisement for the second week because the period for the firstweek should be
rom april 4, 1969 until april 10, 1969. It is clear that the announcement on April 11, 1969 was both theoretically
ed with compliance in law. Indeed, where the word is used simply as a measure of duration, and without
of the week on which it begins.
th the third paragraph of Article 13 of the new civil code for the purpose of counting the first week of publication
ding the first week by another day
 of no legal effect

the enacting clause, or to qualify or restrain its generality, or to exclude some possible ground of mis-

e complaints for unfair labor practice, regularization and monetary benefits with the NLRC, Sub-Regional
or Arbitrer declared petitioners " regular project employees who shall continue their employment as such
suant to the provisions in the collective bargaining agreement. It also ordered payment of salary differentials

or arbitrer's holding that petitioners were project employees since they were hired to perform work in a
rmined at the time of their engagements and which operation was not directly related to the business of steel
oyed by regular employees for lack of legal and factual basis.

"regular" employees of NSC because: (1) their jobs are "necessary, desirable and work-related to private
re years to private respondent NSC.

project emplyees" of NSC

ehensions, the designation of named employees as "project employees" and their assignment to a specific
herwise applicable requirements of labor laws

egular employees" the supreme court believed this claim is without legal basis. The simple fact that the
ct from, or legally dissolve, their status as project employees. The second paragraph of Article 280 of the
shall be considered a regular employee relates to casual employees, not to project employees

t applicable to those who fall within the definition of said article's first paragraph ie Project Employees
ately preceding part of the provision to which it is attached, and not to the other sections thereof, unless
he proviso but also earlier provisions of the statute or even the statute itself as a whole

of the legislature to enact a valid sensible and just law, and one which should change the prior law no further

vocal breach of the constitution, not a doubtful and argumentative implication

 e management concerning the working sorroundings which had become detrimental and hazardous. For these

C. After due trial, the labor arbitrer ruled in favor of the private respondents with order of reinstatement etc.
ution pursuant to section 12 of republic act no. 6715
act 6715 to Article 223 of the labor code of the Philippines (PD no 442 as ammended) allowing execution
smissed or separate employee and of section 2 of the NLRC Interim Rules on Appeals under RA No. 6715

deration. As contended by the solicitor general, it is a valid exercise of the police power of the state. Certainly
ate, basically in the exercise of its permanent police power on the theory that the preservation of the lives of

e games and amusement board (GAB)

d "an ordinance authorizing the mayor to allow and permit the associated development corporation to
tions and for other purposes
thority of local government(s) to grant franchise, license or permit and regulate wagers or betting by the
ction 3 thereof, expressly revoked all existing franchises and permits issued by the local governments
gh games and amusement board intervened and invoked PD 771 which expressly revoked all existing
rnments. ADC assails the constitutionality of PD 771

e constitution

ered or amended by any subsequent law or presidential issuance (when the executive still exercise legislative

e by increasing penalties for estafa committed by means of bouncing cheques, is being challenged in this
sion against cruel, degrading or inhuman punishment enshrined under the constitution.

n be penalized with reclusion perpetua or 30 years of imprissonment for a crime of estafa. This penalty
ed and infringes on the express mandate of article III, Section 19 of the constitution which prohibits the infliction

ble purpose, namely, to effectuate the repression of an evil that undermines the country's commercial and
ncing cheques. The fact that PD 818 did not increase the amounts corresponding to the new penalties only
as the proliferation of estafa cases committed by means of bouncing cheques. Taking into account the salutary
19 of article III of the constitution
titutionality. To justify its nullification, there must be a clear and unmistakable breach of the constitution, not

ver within the legislative intent. An indispensable part of that intent, in fact, for we presume the good
d justice are inseparable and we must keep them so.

er Karen Salvacion, then 12 years old to go with him to his appartment. Therein, Greg Bartelli detained Karen
y 4, and three times each day on February 5, 6, and 7, 1989. On February 7, 1989, after policemen and people
Jail. The policemen recovered from Bartelli the ff items (1) Dollar Check #368, Control No. 021001678-1166111
Money 234 cash (6) door keys 6 pieces (7) stuffed doll (teddy bear) used in seducing the complainant

eliminary attachment was filed against Bartelli. Bartelli escaped from jail and in the meantime, the trial court
ng corporation where Bartelli maintains a dollar account. China Bank invoked Sec 113 of central bank circular

ordered to pay the plaintiffs Karen Salvacion and her parents, moral damages, attys fees, litigation expenses
ank and central bank of the Phil refused to honor the writ of execution on the strenght of sec 113 "exemption
r any other order or process of any court, legislative body, government agency, or any administrative body
growth of foreign currency deposit system and the offshore banking system in the Philippines. Thus will

246 otherwise known as "Foreign Currency Deposit Act" be made applicable to foreign transient

uestioned circular which exempts from attachment, garnishment or any other process of any court etc., is
eign guest like Bartelli. This would negate Article 10 of the new civil code which provides that "in case of
intended right and justice to prevail" Ninguno Non deue enriquecerse fortizaramente condano de otro

used as a vehicle by accused Bartelli for wrong doing and in doing so, acquitting the guilty at the expense of

name of their deceased parents. One of them, Celestino Padua transferred his undivided share to herein
are to the same vendee in an instrument denominated "Con Pacto De Retro Sale". By virtue of such agreements,
ot representing the portions sold to them. With their consent, their son eduardo alonzo and his wife built

but his complaint was dismissed when it appeared that he was an american citizen. However, Tecla Padua

t having been exercised within 30 days from notice of the sales in 1963 and 1964. Although there was no
ment of the law.

d was written notice and that actual notice would not suffice as a substitute. Citing the same case of Conejero
terpreting a like rule in article 1623 stressed the need for written notice although no particular form was
 notice be necessary in this case? Assuming that there was a valid notice although it was not in writing, would
mplaint was filed in 1977

they were unaware of the sales made by their brother and sister in 1963 and 1964. By requiring written proof
se claim of ignorance, thus exalting the letter of the law over its purposef. The purpose is clear enough to make
others and sisters were actually informed, although not in writing, of the sales made in 1963 and 1964 and that,

m system of jurisprudence
enacted conflicting statutes
w unless an irreconcilable inconsistency and repugnancy exists in the

e of authority and/or oppression and dishonesty.

mayor corral, who appealed the decision to the office of the President

anlalawigan of Albay to prevent undue prejudice to public interest.

12 February 1987. stated that an appeal shall not prevent a decision from becoming

which are inconsistent with any of the provisions of this code are hereby repealed or

8 because it failed to identify or designate the laws or executive orders that are

law unless an irreconcilable inconsistency and repugnancy exist in terms of the new

wo laws must in fact be read together

designate the act or acts that are intended to be repealed. Rather, it is an example of a general
substantial conflict must be found in existing and prior acts. It is a well settled rule in statcon
and repugnancy for the legislature is presumed to know the existing laws on the subject and not

mission on Audit denying his claim for reimbursement of hospitalization expenses for cholecystitis

repealed by the administrative code of 1987 solely for the reason that the same section was not
administrative code of 1917

it was the intent of the legislature to supplant the old code with the new code partly depends on the

thereof, inconsistent with this code are hereby repealed or modified accordingly"
tify or designate the act or acts that are intended to be repealed. Rather, it is an example of a general
that a substantial conflict must be found in existing and prior acts. It is a well settled rule in statcon
tency and repugnancy for the legislature is presumed to know the existing laws on the subject and not

ended to enact an effective statute

barangay was filed by the registered voters of the barangay. COMELEC resolved and approved the
on, well above the 25% requirement provided by law. The COMELEC, however, deferred the recall election

otherwise known as the Local Government Code, which states that "no recall shall take place within one (1)
ing a regular local election". Petitioner contended that the SK election is a regular local election, hence no

ure intended to enact an effective law, and the legislature is not presumed to have done
h a statute or provision being construed is defeated, or is otherwise expressed, nullified, destroyed,

s to avoid an unjust or absurd conclusion

SSO payment of the deficiency tax together with interest thereon from 1961 to 1964. On August 10, 1964,
the commissioner .
ficiency tax of 367,994 but only on the amount of 146,961 since it has an over payment in 1964 to be offsetted

aving been paid and received by mistake, as petitioner commissioner acknowledged, that sum unquestionably

made, not from the time the payee admits the obligation to reimburse.
 not and should not be countenanced.
to absurd or unreasonable consequences."
ntion and so as to avoid an unjust or absurd conclusion."

within the prohibition of CA no 142

mon practice among the chinese of adopting scores of different names and aliases which created tremendous
on intended to be used by him publicly and habitually usually in business transaction in addition to his real
ized by a competent authority.
instance without any sign or indication that the user intends to be known by this name in addition to his

islative measure and that a construction of which the statute is fairly suceptible is favored, which will avoid

ution. It states that the Philippines as a democratic and republican state, adopts the generally accepted
ity, justice, freedom, cooperation, and amity with all nations
Definition of Statutory Construction
The art and process of discovering and expounding the meaning and intention of the authors of the law with respect to its

Construction Vs. Interpretation

Interpretation
Is the process of discovering the true meaning of the language used

Construction
Is the process of drawing conclution that goes beyond the direct expression of the given text or words of the law (ie: de

Interpretation is limited on finding the true sense of any words and the real intention of the authors of the law based on
On the other hand, construction goes beyond the direct expression of text. It seeks to draw conclutions which are in the s

Situs of Construction and Interpretation

The situs of construction and interpretation belongs to the judicial department
Judicial power shall be vested in one supreme court and in such lower courts as may be established by law
Judicial power includes:
the duty of the court to settle actual case or controversies involving rights which are legally demandable and enforceab
to determine whether or not there has been a grave abuse of discretion amounting to lack or excess jurisdiction on the

Rules often Followed for Statutory Interpretation

-Statutes should be internally consistent. A particular section of the statute should not be inconsistent with the rest of the
-When the legislature enumerates an excemption to a rule, one can infer that there are no other exceptions
-When the legislature includes limiting language in an earlier version of a statute, but deletes it prior to enacment of the st
can be presumed that the limitation was not intended by the legislature
-The legislature is presumed to act intentionally and purposely when it includes language in one section but omits it in ano
-When a legistlation and case law conflict, courts generally presume that legislation takes precedence over case law
-The Rule of Lenity: in construing an ambiguous criminal statute, a court should resolve the ambiguity in favor of the defen
-A court may also look at: the common usage of a word, case law, dictionaries, parallel reasoning, punctuation.

Duty of the Court to Construe and Interpret the Law

The court are duty bound to construe and interpret the laws when the ff requisites must concur:
There is an actual case or controversy
There is ambiguity in the law
Admitting two or more meanings or interpretation
Being understood in more than one way
Referring to two or more things at the same time
When the language of the law is clear and unequivocal, the court must apply it based on its plain/literal meaning (Plain Me
The first and fundamental duty of the courts is to apply the law
The duty courts is to apply the law disregarding their feeling of sympathy or pity for the accused
When the law is clear and unequivocal, there's no room for interpretation or construction. There's only room for applic
When the law is clear and unequivocal, it must be applied regardless of who may be affected, even if the law may be ha
When the language of the law is ambiguous, proceed to interpretation by determining true intent of the law based on its la
When the true intent of the law cannot be interpreted based on its language, proceed to construction by drawing conclutio
of the law)
Legislative Intent
The ends sought to be achieved by a legislature in an enactment
This is the reason why the statute was enacted
Legislative Intent is determined principally from the language of the statute

Verba Legis
Plain meaning rule
The statute must be interpreted literally
Eventhough the court is convinced that some other meaning is intended by the law making power
Eventhough the literal interpretation should defeat the very purpose of the enactment
When the language of the law is clear, it should be given its natural meaning
"Verba legis non est recedendum"- from the words of a statute, there should be no departure

Statutes as a Whole
A legislative intent must be ascertained from a consideration of the statute as a whole and not merely a particular provisio
In interpreting a statute, care should be taken that every part be given effect

"Ratio Legis" Spirit and Purpose of the Law

Statute should be construed in light of the object to be achieved
A construction should be rejected that gives the language used in a statute a meaning that does not accomplish its purpose
Between two statutory interpretations, that which better serves the puspose of the law shall prevail
It is the basic canon of statutory construction that when the reason of the law ceases, the law itself ceases "Cesante ration
The reason of the law is its soul "ratio legis est anima"

Doctrine of Necessary Implications

The implications and intendments arising from the language an statute are as much a part of it as if they had been express
What is implied in a statute is as much a part thereof as that which is expressed

Casus Omissus
A person, object or thing omitted from an enumeration must be held to have been omitted intentionally "Casus Omissus P
The rule Cacus Omisus applies and operates only if the omission has been clearly established

Stare Decisis
It is a legal doctrine that obligate courts to follow historical cases when making a ruling on a similar case. This is to ensure t
Follow past precedents and do not disturb what has been settled. Matters already decided on the merits cannot be relitiga

When the Law does not distinguish, the court should not distinguish
The rule, founded on logic, is based on the principle that general words and phrases of a statute should ordinarily be accor
"Ubi lex non distinguit nec nos distinguere debemos"

Exceptions in the Statutes

When the law does not make any exceptions, court may not except something unless reasons exist to justify it

General and Special Terms

 General terms in an statute are to receive a general construction, unless rerstrained by the context or by plain inferences f
General terms or provisions in a statute may be restrained and limited by specific terms or provisions with which they are a
Special terms in a statute may sometimes be expanded to a general signification by the consideration that the reason of th
General Terms may be restristed by specific words with the result that the general language will be limited by specific la
the rule is applicable only to cases wherein, except for one general term, all the items in an enumeration belong to or fa

General Following Special Terms

It is a general rule of statutory construction that where general words follow an enumeration of persons or things, by word
in their widest extent but are to be held as applying only to persons or things of the same general kind or class as to those
is plain to the contrary
Ejusdem Generis
Broad and comprehensive expressions in an act, such as "and all others", or "any others" are usually to be restricte
preceeding words
Ejusdem Generis, that is where general words follow an enumeration of persons or things, by words of a particular, and spe
to be held as applying only to persons or things of the same kind or class as those specifically mentioned.

Expressio Unius Est Exclusion Alterius (Express Mention and Implied Exclusion)
This principle means that the express mention of one person, thing, or consequence is tantamount to an express exclusion
It is based upon the rules of logic and natural workings of the human mind.
On the contrary, it will serve only as a guide in determining the probable intention of the legislature, and if it should be clea
intend that its express mention of one thing should operate as exclusion of all others, then the maxim must give way

Associated Words (Noscitur a Sociis)

Associated word explain the limit of each other.
When a word used in a statute is ambiguos or vague, its meaning may be made clear and specific by considering the compa
The meaning of a doubtful word or phrase may be ascertained by reference to the meaning of the other words or phrases
Where several things are refered to, they are presumed to be of the same class when connected by a copulative conjunctio
This rule is analogous to that which requires the words of a statute to be construed with reference to the subject matter of
The rule directs us to seek the exact meaning of a doubtful word or phrase by a consideration of a tenor of the whole law an

Use of Negative Words

Negative words and phrases must be regarded as mandatory while those in the affirmative are mere directory

The Use of May and Shall

Use of word "May" in the statute generally conotes a permissible thing while the word "shall" is imperative or necessary

The use of Must

The word "must" in a statute like "shall" is not always imperative and may be consistent with an exercise of discretion

The use of And and Or

And means conjunction connecting words or phrases expressing the idea that the latter is to be added or taken along with
It is a conjunction used to denote a joiner or union
OR is a disjunctive particle used to express as alternative or give a choice of one among two or more things
It is to be used as a function word to indicate an alternative between different or unlike things
Computation of Time
When the law speaks of years, months, days, or nights, it shall be understood that years are of 365 days, months of 30 day
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
For purposes of determining whether or not a crime has prescribed, pursuant to provisions of article 90 of the revised pena
30 day month and not a calendar month
A week means a period of seven consecutive days without regard to the day of the week on which it begins

Function of Proviso
Proviso
is a clause or part of a clause in the statute, the office of which is either to except something from the enacting clause, o
interpretation of its extent. "Provided" is the word used in introducing a proviso
The familiar gramatical rule is that, a proviso is to be construed with reference to the immediately preceding part of the pr
the clear legislative intent is to restrict or qualify not only the phrase immediately preceding the proviso but also earlier pro

Presumptions
In construing a doubtful or ambiguous statute, the court will presume that it was the presumption of the legislature to ena
than maybe necessary to effectuate the specific purpose of the act in question

Presumption Against Unconstitutionality

Laws are presumed constitutional. To justify nullification of a law, there must be a clear and unequivocal breach of the con
A law shall not be declared invalid unless the conflict with the constitution is clear beyond reasonable doubt

Presumption Against Injustice

Unquestionably, the law should never be interpreted in such a way as to cause injustice as this is never within the legislativ
motives of the legislature is to render justice
Thus, we interpret and apply the law not independently of, but in consonance with, justice. Law and justice are inseparable

Presumption against implied repeals

Interpretare et concordare legibus est optimus interpretendi
Every statute must be so interpreted and brought into accord with other laws as to form a uniform system of jurisprude
The legislature should be presumed to have known the existing laws on the subject and not to have enacted conflicting sta
In the absence of an express repeal, a subsequent law cannot be construed as repealing a prior law unless an irreconcilab
the old and new law where only one may stand force

Repeals of statue by implication not favored

It is a well settled rule in statcon that repeals of statutes by implication are not favored. The presumption is against inconsi
laws on the subject and not to have enacted inconsistent or conflicting statues

Presumption against Ineffectiveness

In the interpretation of a statute, the court should start with the assumption that the legislature intended to enact an effec

Presumption against absurdity (undesirable consequences)

Statutes must receive a sensible construction such as will give effect to the legislative intention so as to avoid an unjust or a
Presumption against undesirable consequences were never intended by a legislative measure
Presumption against violation of international law
This presumption is in conformity with the declaration of principles and state policies in our Constitution. It states that the
principles of international law as part of the law of the land and adheres to policy of peace, equality, justice, freedom, c
f the law with respect to its application to a given case

xt or words of the law (ie: determining the spirit of the law)

uthors of the law based on its words or language.

onclutions which are in the spirit though not within the letter of the text

shed by law

demandable and enforceable

or excess jurisdiction on the part of any branch or instrumentality of the government

nsistent with the rest of the statute

er exceptions
prior to enacment of the statute, it

e section but omits it in another

edence over case law
biguity in favor of the defendant
ng, punctuation.

in/literal meaning (Plain Meaning Rule)

There's only room for application

d, even if the law may be harsh or erroneous
ent of the law based on its language
ruction by drawing conclutions that goes beyond the direct expressions of the text (ie: determining the spirit of
 merely a particular provision

s not accomplish its purpose for which it is enacted

tself ceases "Cesante ratione legis, Cessat Ipsa lex"

as if they had been expressed

entionally "Casus Omissus Pro Omisso Habendus Est"

milar case. This is to ensure that cases with similar scenarios and facts are approached in the same way
the merits cannot be relitigated again and again "Res Judicata"

e should ordinarily be accorded their natural and general significance

exist to justify it
 text or by plain inferences from the scope or purpose of the act
visions with which they are associated
eration that the reason of the law is general
e will be limited by specific language which indicates the statutes object and purpose.
enumeration belong to or fall under one specific class

f persons or things, by words of a particular and specific meaning, such general words are not to be construed
ral kind or class as to those specifically mentioned. But this rule must be discarded where the legislative intention

s" are usually to be restricted to persons or things "of the same kind" or class with those specially named in the

words of a particular, and specific meaning, such general words are not to be construed in their widest extent but are

ount to an express exclusion of all others

ature, and if it should be clearly apparent, in any particular case, that the legislature did not in fact
the maxim must give way

fic by considering the company in which it is found and the meaning of the terms which are associated with it
the other words or phrases with which it is associated
ed by a copulative conjunction, unless a contrary intent plainly appears
nce to the subject matter of the act, but is not identical with it
f a tenor of the whole law and the object and purpose of the legislature in enacting it

mere directory

s imperative or necessary

n exercise of discretion

e added or taken along with the first

more things
 365 days, months of 30 days, Days of 24 hours, and nights from sunset to sunrise
they respectively have

article 90 of the revised penal code, the term month shall be understood as a

hich it begins

g from the enacting clause, or to qualify or restrain its generality, or to exclude some possible ground of mis-

tely preceding part of the provision to which it is attached, and not to the other sections thereof, unless
e proviso but also earlier provisions of the statute or even the statute itself as a whole

tion of the legislature to enact a valid sensible and just law, and one which should change the prior law no further

equivocal breach of the constitution, not a doubtful and argumentative implication

onable doubt

is never within the legislative intent. An indispensable part of that intent, in fact, for we presume the good

w and justice are inseparable and we must keep them so.

uniform system of jurisprudence

have enacted conflicting statutes
or law unless an irreconcilable inconsistency and repugnancy in the provisions of

esumption is against inconsistency and repugnancy for the legislature is presumed to know the existing

e intended to enact an effective statute

so as to avoid an unjust or absurd conclusion

nstitution. It states that the Philippines as a democratic and republican state, adopts the generally accepted
equality, justice, freedom, cooperation, and amity with all nations
Soccoro Ramirez vs Ester Garcia
Anti wiretapping
Legislative Procedures
The power to make laws is lodge in the legislative department of the government
A statute starts with the introduction of a bill by a legislative body
After introduction, the bill shall undergo 1st 2nd and 3rd readings
If a house approves their own version, it shall be transmitted to the other house
If there are no ammendments, the bill is passed by congress and shall be submitted to the president for approva
If there are ammendments, a bicameral conference commity shall be formed to settle all the differences. In her
Afterwhich, the bill shall undergo approval and authentication where it shall be signed by the house speaker an
After approval and authentication, the bill shall be submitted to the president for approval.

How Does a Bill Becomes a Law

When the president signs it
When the president does not sign nor communicate his veto within 30 days after his receipt
When a vetoed bill is repassed by congress by two thirds vote of all its members
o the president for approval
e all the differences. In here, all ammendments introduced shall be approved by both houses for passage
d by the house speaker and senate president together with their secretaries (enrolled bill)
Effectivity Dates
Exclude the first day include the last day