statutory construction - notes

STATUTORY CONSTRUCTION PAUL VINCENT T. CUNANAN, 1-I, 2010

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SAN BEDA COLLEGE COLLEGE OF LAW

STATUTORY CONSTRUCTION Based on the Course Outline of Atty. Maritess C. Sy

I. BACKGROUND 1.1 The Philippine Legal System 1.2 Rules on Legislative Drafting

II. STATUTES AND THEIR ENACTMENT 2.6 Steps in the Enactment of the Statute 1987 Constitution, Article VI, Section 26 (2) and 27

-‐ CIR vs. CTA -‐ Tolentino vs. Secretary of Finance -‐ Arroyo vs. De Venecia

2.7 Evidence of Due Enactment of Statutes 2.7.1 Enrolled Bill Theory

-‐ Mabanag vs. Lopez Vito -‐ Casco vs. Gimenez -‐ Morales vs. Subido

2.7.2 Journal Entry Rule -‐ Astorga vs. Villegas

III. EFFECTS AND APPLICATION OF STATUTES 3.1 When Statute Becomes Effective

Civil Code, Article 2; EO 200 as incorporated in EO 292 Section 18 -‐ Tanade vs. Tuvera

3.2 When Regulation Becomes Effective EO 292, Book VII, Sections 2-9

-‐ People vs. Que Po Lay -‐ Tanada vs. Tuvera -‐ Yaokasin vs. Commissioner of Customs

3.3 When Ordinance Takes Effect RA 7160, Sections 54-59

-‐ Bagatsing vs. Ramirez

3.4 Language of the Statute That Shall Prevail 1987 Constitution, Article XIV, Sections 6-8

Section 6. The national language of the Philippines is Filipino. As it evolves, it shall be further developed and enriched on the basis of existing Philippine and other languages. Subject to provisions of law and as the Congress may deem appropriate, the Government shall take steps to initiate and sustain the use of Filipino as a medium of official communication and as language of instruction in the educational system.


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Section 7. For purposes of communication and instruction, the official languages of the Philippines are Filipino and, until otherwise provided by law, English. The regional languages are the auxiliary official languages in the regions and shall serve as auxiliary media of instruction therein. Spanish and Arabic shall be promoted on a voluntary and optional basis. Section 8. This Constitution shall be promulgated in Filipino and English and shall be translated into major regional languages, Arabic, and Spanish.

EO No. 292, Section 20

Section 20. Interpretation of Laws and Administrative Issuances. - In the interpretation of a law or administrative issuance promulgated in all the official languages, the English text shall control, unless otherwise specifically provided. In case of ambiguity, omission or mistake, the other texts may be consulted.

3.5 Manner of Computing Time Civil Code, Article 13

Article 13. When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty-five days each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise. If months are designated by their name, they shall be computed by the number of days which they respectively have. In computing a period, the first day shall be excluded, and the last day included. (7a)

3.6 Territorial Extent of Operation 1987 Constitution, Article 1

ARTICLE I NATIONAL TERRITORY

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

Civil Code, Article 14 & 15 Article 14. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations. (8a) Article 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. (9a)

Revised Penal Code, Article 2 Article 2. Application of its provisions. - Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago,


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including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who:

1. Should commit an offense while on a Philippine ship or airship; 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations

and securities issued by the Government of the Philippine Islands; 3. Should be liable for acts connected with the introduction into these islands of the obligations

and securities mentioned in the preceding number; 4. While being public officers or employees, should commit an offense in the exercise of their

functions; or 5. Should commit any of the crimes against national security and the law of nations, defined in

Title One of Book Two of this Code. 3.7 Prospective and Retrospective Operation of Statutes Constitution, Article III, Section 22

Section 22. No ex post facto law or bill of attainder shall be enacted. Civil Code, Article 4

Article 4. Laws shall have no retroactive effect, unless the contrary is provided. (3) EO No. 292, Section 19

Section 19. Prospectivity. - Laws shall have prospective effect unless the contrary is expressly provided.

Revised Penal Code, Article 22

Article 22. Retroactive effect of penal laws. - Penal laws shall have a retroactive effect insofar as they favor the person guilty of a felony, who is not a habitual criminal, as this term is defined in rule 5 of article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same.

IV. AMENDEMENTS, REVISIONS, REPEALS 4.1 Amendments

Ø Estrada vs. Caseda § Commonwealth Act No. 689, October 15, 1945 Sec.14 effective for 2 years § RA No. 66, October 18, 1946 amendment to Sec.14 effective for 4 years § September 5, 1945, to vacate the lease, lessor had to occupy, but not covered by CA 689

since out of period

Ø Manila Jockey Club vs. Games and Amusement Board § Sec. 4 of RA 309 amended by RA 983 – 6 Sundays for PCSO, 30 Sundays for private races § RA 1502 – increasing to 12 races and draws for PCSO, without specifying the day § GAB resolved to assign the additional 6 to Sundays assigned for private races – proper


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Ø Sarcos vs. Castillo § Gov. Castillo ordered preventive suspension of Mayor Barobo for misconduct and

dishonesty – set aside § Under Sec.2188 of Rev. Adm. Code, Governors can order such preventive suspension § It was repealed by RA No. 5185 Sec.5, now the President, Provincial Board and City or

Municipality Council, as the case may be, has the power to order preventive suspension

Ø Electors Inc. vs. NLRC § 1st contract salary + allowance of $165/mo. Plus bonus of $1000, 2nd contract reduced to

$105 § 1981 - NLRC denied claim of overtime but granted diff. in salary and contractual bonus –

with proper jurisdiction § May 1, 1982 EO No. 797 creating POEA – divested the jurisdiction over cases of overseas

employees § PD No. 1961 and 1391 – labor arbiter has jurisdiction – the law in effect at the time of the

case

4.2 Revisions and Codifications Ø Montelibano vs. Ferrer

§ Charter of the City of Bacolod patterned to that of Manila, though not verbatim § The only officer authorized by the Charter of the City of Bacolod to initiate criminal cases in

the courts thereof is its City of Attorney § Capitol Subd. Montelibano ejects Benares who refused, cleared the sugarcane planted § Benares filed malicious mischief, warrant of arrest issued by Judge Ferrer – annulled §

Ø American Bible Society vs. Manila § Former City Charter of Manila – Ordinance No. 3000, requirement of permit - Presidential

approval to take effect § Sec. 102 of RA No. 409 Revised Manila Charter – Ordinance No. 2529, requirement of

license fees § Ordinance No. 3000 still applicable – City Treasurer assessed ABS of P5,821.45 – paid in

protest § Lower court dismissed, SC reversed for reason of exercise of religion

Ø ABS-CBN Broadcasting Corporation vs. CTA § NIRC as amended by RA No. 2434 30% tax rate for foreign corporations § Sec. 24(b) amended by RA No. 5431, Increasing tax rate to 35%, from gross rentals to gross

income § Rulings or circulars promulgated by the CIR have no retroactive application where to so

apply them would be prejudicial to taxpayers

Ø Ortiz vs. Comelec § RA No. 1568 requires 20 year of service for retirement benefit; amended by RA No. 3473 20

yrs only when resigned § RA No. 1568 as amended was abolished by RA No. 4968 but was subsequently re-enacted

by RA No. 6118 § Mario Ortiz appointed by Marcos, wrote a letter to Aquino, term originally to expire on May

1992


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§ Comelec Commissioners – “courtesy resignations”, involuntary – term deemed completed, hence, entitled to benefits

Ø Mecano vs. COA § Section 699 of the Revised Administrative Code – Allowance in case of injury while on duty § Administrative Act of 1987 – did not reproduce Sec. 699; offers benefits under Employees’

Compensation Commission § Antonio Mecano(NBI Director) injured, claims reimbursement of P40,801 to COA § COA denied and referred to ECC § Mecano entitled to both (Sec. 699 & ECC), construed as continuation

4.3 Repeals Civil Code, Article 7

Article 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. (5a)

Administrative Code of 1987, Book I, Chapter 5, Operation and Effect of Laws

Section 21. No Implied Revival of Repealed Law.- When a law which expressly repeals a prior law itself repealed, the law first repealed shall not be thereby revived unless expressly so provided. Section 22. Revival of Law Impliedly Repealed. - When a law which impliedly repeals a prior law is itself repealed, the prior law shall thereby be revived, unless the repealing law provides otherwise.

Ø US vs. Soliman Ø Iloilo Palay and Corn Planters vs. Feliciano Ø Lagman vs. City of Manila Ø National Power Corporation vs. Acra Ø Gaerlan, Jr. vs. Catubig Ø People vs. Pimentel Ø Hagad vs. Gozo-Dadole Ø Republic vs. Marcopper Mining Corporation

V. Nature and Concept of Statutory Construction

Ø National Federation of Labor vs. Eisma § NFL charged Zambowood for underpayment of monthly living allowance § Dionisia Estioca illegally terminated – union go on strike § Zambawood filed a complaint with the trial court, union moved to dismiss § Labor Arbiter has exclusive jurisdiction pursuant to BP 227


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§ Article 217 of BP 227 is explicit and clear; no need for construction and interpretation § The first and fundamental duty of courts is to apply the law. Construction and interpretation

come only after it has been demonstrated that application is impossible or inadequate without them.

Ø People vs. Mapa § Mario Mapa charged with illegal possession of firearms in violation of the Revised Admin.

Code § Mapa – agent of Gov. Leviste of Batangas – not among the exception enumerated by law § Only public officials and public servants for use in their official duties are exempted from

licensing § The law is explicit that it is unlawful to possess unlicensed firearms; no need for construction

and interpretation

Ø Luzon Surety Co. vs. De Garcia § Ladislao Chavez and Luzon Surety executed a bond to PNB as guaranty for loan of P9,000 § Vicente Garcia, Ladislao Chavez, & Ramon Lacson solidarily liable to Luzon Surety § Court ordered Chavez and LS to pay PNB; likewise, Chavez, Garcia, & Lacson to pay LS § Writ of garnishment secured by LS levying sugar quedans of Garcia Spouses § Art. 161 of the Civil Code enumerates the liability of CPG; CPG not benefited, hence, not

liable § Its language is clear; it does not admit of doubt. No process of interpretation or construction

need be resorted to. It peremptorily calls for application.

Ø Matabuena vs. Cervantes § Felix Matabueana donated inter vivos a land to Petrolina Cervantes (common-law) they

married 6 years later § Cornelia Matabuena – sole sister of Felix – questioned the validity of donation under Art. 133

of the Civil Code; Prohibition of donation between spouses apply to common-law relationship; donation void

§ Since they were subsequently married, ½ belongs to her and the other ½ to Cornelia § It is a principle of statutory construction that what is within the spirit of the law is as much a

part of it as what is written. Otherwise the basic purpose discernible in such codal provision would not be attained.

Ø People vs. Nazario § Eusebio Nazario, owner & operator of a fishpond in Municipality of Pagbilao, Quezon, refuse

to pay municipal taxes § Under Municipal Ordinance, owner/manager required to pay P3/hectare; he contends it is

ambiguous & uncertain § Nazario argues that he only leased the fishpond from Philippine Fisheries Commission and not

yet in operation § As a rule, a statute or act may be said to be vague when it lacks comprehensible standards

that men of common intelligence must necessarily guess at its meaning and differ as to its application.

§ It is repugnant to the Constitution in two respects: (1) it violates due process for failure to accord persons, especially the parties targetted by it, fair notice of the conduct to avoid;


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and (2) it leaves law enforcers unbridled discretion in carrying out its provisions and becomes an arbitrary flexing of the Government muscle.

§ In no way may the ordinances at bar be said to be tainted with the vice of vagueness. It is unmistakable from their very provisions that the appellant falls within its coverage.

VI. Objects and Methods of Construction

a. Verba Legis or Literal Interpretation/Plain Meaning Rule – If a statute is clear, plain and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation.

Ø Colgate-Palmolive Philippines, Inc. vs. Gimenez § Colgate claims refund of 17% excise tax paid on importation of “stabilizer and

flavours”, used in manufacture of toothpaste, under RA No. 601 § Central Bank and Auditor General denied the refund amounting to P23,958.13; claims

that S&F mentioned in the RA pertains to the ones used in manufacturing food products only; SC ordered the refund

§ General terms may be restricted by specific words, with the result that the general language will be limited by the specific language which indicates the statute's object and purpose. The rule, however, is applicable only to cases where, except for one general term, all the items in an enumeration belong to or fall under one specific class.

§ In the case at bar, it is true that the term “stabilizer and flavours” is preceded by a number of articles that may be classified as food or food products, but it is likewise true that the other items immediately following it do not belong to the same classification.

§ This view is supported by the principle "Ubi lex non distinguish nec nos distinguire debemos", or "where the law does not distinguish, neither do we distinguish".

§ The rule of construction that general and unlimited terms are restrained and limited by particular recitals when used in connection with them, does not require the rejection of general terms entirely. It is intended merely as an aid in ascertaining the intention of the legislature and is to be taken in connection with other rules of construction.

b. Ratio Legis or interpretation by considering the spirit and reason of the law/ Golden Rule Ø Hidalgo vs. Hidalgo

§ Policarpio Hidalgo sold 2 parcels of agricultural land, one for P4,000 which Igmidio Hidalgo and Martina Rosales seeks to redeem for P1,500; the other for P750 which Hilario Aguila and Adela Hidalgo also seeks to redeem. Both of them were share tenants

§ WON the right of redemption granted by section 12 of the Land Reform Code is applicable to leasehold tenants only, but not to share tenants, because said provision of law clearly, definitely, and unequivocally grants said right to the agricultural lessee, and to nobody else. NO

§ WON a share tenant is altogether different from a leasehold tenant and their respective rights and obligations are not co-extensive or co-equal. NO


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§ This case is a case of where the true intent of the law is clear that calls for the application of the cardinal rule of statutory construction that such intent or spirit must prevail over the letter thereof, for whatever is within the spirit of a statute is within the statute, since adherence to the letter would result in absurdity, injustice and contradictions and would defeat the plain and vital purpose of the statute.

§ By this, the Supreme Court is NOT correcting the act of the Legislature, but is rather, carrying out and giving due course to ‘its intent’.

c. Mens Legislatoris/Mischief Rule – It is a principle of statutory construction that what is within the spirit of the law is as much a part of it as what is written. Otherwise the basic purpose discernible in such codal provision would not be attained.

Ø U.S. vs. Toribio § Luis Toribio slaughtered a carabao for human consumption without a permit from the

municipal treasure of the municipality wherein it was slaughtered, in violation of the provisions of sections 30 and 33 of Act No. 1147, an Act regulating the registration, branding, and slaughter of large cattle.

§ Appellant contends that there was no municipal slaughterhouse in Carmen, Bohol, hence Act No. 1147 do not prohibit nor penalize the slaughter of large cattle without a permit of the municipal treasure.

§ The Act primarily seeks to protect the "large cattle" of the Philippine Islands against theft and to make easy the recovery and return of such cattle to their proper owners when lost, strayed, or stolen.

§ Where the language of a statute is fairly susceptible of two or more constructions, that construction should be adopted which will most tend to give effect to the manifest intent of the lawmaker and promote the object for which the statute was enacted, and a construction should be rejected which would tend to render abortive other provisions of the statute and to defeat the object which the legislator sought to attain by its enactment.

Ø Macabenta vs. Davao Stevedore Terminal Co. § Conrado Macabenta met an accident and left his widower, Leonora and who he

married in the hospital before he died, and a posthumous child, Raquel § From the express language of the Workmen's Compensation Act, a widow living with

the deceased or actually dependent upon him totally or partly as well as her daughter, if under 18 years of age or incapable of supporting him or herself, and unmarried, whether or not actually dependent upon the deceased are considered dependents.

§ Where the law is clear, our duty is equally plain. We must apply it to the facts as found. Assuming a choice is necessary between conflicting theories, that which best conforms to the language of the statute and its purpose should prevail.

d. Equity of the Statute Civil Code Article 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. (6) Article 10. In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail. (n)


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Ø Amatan vs. Aujero § Rodrigo Umpad was accused of the crime of homicide for inflicting a fatal gunshot

upon Genaro Tagsip. § Plea of bargain where he plead guilty of attempted homicide in relation to Sec. 2,

Rule 116 of the 1985 Revised Rules of Criminal Procedure. § Pedro S. Amatan, a brother-in-law of the deceased, accused Judge Vicente Aujerio

of gross incompetence, gross ignorance of the law and gross misconduct. § In instances where a literal application of a provision of law would lead to injustice or

to a result so directly in opposition with the dictates of logic and everyday common sense as to be unconscionable, the Civil Code admonishes judges to take principles of right and justice at heart. In case of doubt the intent is to promote right and justice.

§ Fiat justice ruat coelum. Stated differently, when a provision of law is silent or ambiguous, judges ought to invoke a solution responsive to the vehement urge of conscience.

VII. Interpretation and Construction in Relation to Language of the Statute

a. Common Meaning Rule Ø Kuenzle & Streiff vs. Collector of Customs

§ The article of merchandise in question, the “bonanza mixture”, is made up of ground coffee, ground chicory, and ground cereals. It is not a manufactured article and as such, is not free of duty under section 5 of American Tariff of 1909.

§ It is bought, sold and used as coffee and must be classified as adulterated coffee, in accordance with its true commercial nature.

§ The application of labor to an article, either by hand or by mechanism, does not make the article necessarily a manufactured article within the meaning of that term as used in the tariff laws, unless the application of such labor is carried to such an extent that the article suffers a species of transformation and is changed into a new and different article, having a distinctive name, character or use.

§ Grinding of coffee does not constitute a manufacture. Ø Song Kiat Chocolate Factory vs. Central Bank of the Philippines

§ Whether cocoa beans may be considered as “chocolate” for the purposes of exemption from the foreign exchange tax imposed by RA No. 601 as amended. NO.

§ Exemption for “chocolate” in section 2 does not include “cocoa beans”. The one is raw material, the other manufactured consumer product; the latter is ready for human consumption; the former is not.

§ In August 1954 — suit was brought in May 1954 — Congress approved Republic Act 1197 amending section 2 by substituting "cocoa beans" for "chocolate."

§ President's proclamation No. 62 of September 2, 1954 issued in accordance with RA No. 1197 specifying that said exemption (of cocoa beans) shall operate from and after September 3, 1954 — not before.

Ø Tan, et al. vs. People § Forest Guards Panadero and Rabino intercepted a dump truck loaded of lumber,

owned by A&E Construction


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§ Tan and Moreno, together with Ismael Ramil was charged with violation of Section 68, PD No. 75, as amended by EO No. 277.

§ Lumbar is included in the term timber. Lumber is a processed log or processed forest raw material.

§ the Code uses the term lumber in its ordinary or common usage. The dictionary defines lumber as a processed log or timber.

§ It is settled that in the absence of legislative intent to the contrary, words and phrases used in a statute should be given their plain, ordinary and common usage meaning. And insofar as possession of timber without the required legal documents is concerned, Section 68 of PD No. 705, as amended makes no distinction between raw or processed timber.

b. Terms with Legal Meaning Ø Bernardo vs. Bernardo

§ RP purchased from the Roman Catholic Church the estate known as Capelania de Tambobong under CA No. 539; said act authorizes the purchase of private lands, and that lands acquired thereunder should be subdivided into lots, for resale to their bona fide tenants or occupants

§ Petitioner Enrique Bernardo – allowed by respondent, out of the deference and charity, to gratuitously occupy the lot and live therein – not a bona fide tenant or occupant

§ Respondent Crisostomo Bernardo – entitled to preference § A bona fide occupant is one who supposes he has a good title and knows of no

adverse claim. The essence of the bona fides or good faith, therefore, lies in honest belief in the validity of one's right, ignorance of a superior claim, and absence of intention to over each another.

§ The words bona fide occupants employed in the Commonwealth Acts are NOT equivalent to actual occupants

§ The old Philippine Legislature, employs the terms “actual bona fide settlers and occupants”, plainly indicating that “actual” and “bona fide” are not synonymous. The term “actual” was then deleted, and solely used the words “bona fide occupant”, thereby emphasizing the requirement that the prospective beneficiaries of the acts should be endowed with legitimate tenure.

c. Terms with Multiple Meaning Ø Manlayaon vs. Lising

§ The late Mayor Pontanal has a case for violation of the Anti-Graft and Corrupt Practices Act

§ Municipal treasurer made a disbursement for the widoew - P5,000.00 representing a portion of the salary of the late mayor during the period of his suspension

§ Dismissal of the case against the suspended officer will not suffice because dismissal does not amount to acquittal.

§ Acquittal is always based on the merits, that is the defendant is acquitted because the evidence does not show that defendant's guilt is beyond reasonable doubt

§ Dismissal terminates the proceeding, either because the court is not a court of competent jurisdiction, or the evidence does not show that the offense was


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committed within the territorial jurisdiction of the court, or the complaint or information is not valid or sufficient in form and substance, etc.

d. Doctrine of Associated Words or Noscitur a Sociis Ø Buenaseda vs. Flavier

§ Petitioners seek to nullify the order of suspension issued by the Ombudsman for violation of Anti-Graft and Corruption practices Act

§ Solicitor General and petitioners’ claim: The authority of the Ombudsman is only to recommend suspension and he has no direct power to suspend

§ The Ombudsman was granted with authority to suspend government officials and employees, pending an investigation under Sec. 24 of RA 6770

§ the purpose of R.A. No. 6770 is to give the Ombudsman such powers as he may need to perform efficiently the task committed to him by the Constitution

§ The word "suspension" should be given the same sense as the other words with which it is associated. Where a particular word is equally susceptible of various meanings, its correct construction may be made specific by considering the company of terms in which it is found or with which it is associated.

e. Ejusdem Generis Rule Ø Vera vs. Cuevas

§ Section 169 – Inscription to be placed on skimmed milk; Sec. 141 (Specific Tax) & Sec. 155 (Penalty) – expressly repealed by RA 355 & 463, respectively. Thus, Section 169 became a merely declaratory provision, without a tax purpose, or a penal sanction.

§ Skimmed Milk - Fatty part has been removed; Filled Milk - Fatty part is removed but substituted with refined coconut oil or corn oil or both

§ Sec 169 of the Tax Code does not apply to filled milk. The use of the specific and qualifying terms "skimmed milk" in the headnote and "condensed skimmed milk" in the text of the cited section, would restrict the scope of the general clause "all milk, in whatever form, from which the fatty pat has been removed totally or in part."

§ The general clause is restricted by the specific term "skimmed milk" under the familiar rule of ejusdem generis that general and unlimited terms are restrained and limited by the particular terms they follow in the statute.

f. Expressio Unius Exclusio Alterius Rule Ø San Pablo Mfg. Corp. vs CIR

§ SPMC was assessed by the CIR for deficiency 3% miller’s tax under Sec. 168 of the Tax Code on its sale of crude oil to UNICHEM which the latter exports

§ The tax exemption applied only to the exportation of rope, coconut oil, palm oil, copra by-products and dessicated coconuts, whether in their original state or as an ingredient or part of any manufactured article or products, by the proprietor or operator of the factory or by the miller himself.

§ Where the law enumerates the subject or condition upon which it applies, it is to be construed as excluding from its effects all those not expressly mentioned. Expressio unius est exclusio alterius.


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g. Casus Omissus Rule Ø People vs. Manatan

§ Guillermo Manantan, a justice of the peace, was prosecuted for violation of Sec. 54 of the Revised Election Code; aid any candidate, or exert any influence in any manner in any election or take part therein.

§ Manantan argued that he is not covered by the prohibition because “justice of the peace” was not mentioned. Instead of “justice of the peace”, they were called as “judges” in Sec. 54 Revised Election Code.

§ Casus Omissus: a person, object or thing omitted from an enumeration must be held to have been omitted intentionally.

§ Said rule has no applicability to the case at bar; the rule can operate only if and when the omission has been clearly established.

h. Ubi Lex Non Distinguit Nec Nos Distinguere Debemos Ø Ramirez vs. CA

§ Soccoro Ramirez was scolded by Ester Garcia inside Garcia’s office. Ramirez taped the conversation and later filed charges against Garcia

§ R.A. 4200: unlawful for any person, not being authorized by all the parties to any private communication or spoken word, to tap any wire or cable xxx

§ The law makes no distinction as to whether the party sought to be penalized by the statute ought to be a party other than or different from those involved in the private communication.

§ Ubi lex non distinguit nec nos distinguere debemos. Where the law makes no distinctions, one does not distinguish.

i. Doctrine of Last Antecedent Ø Florentino vs. PNB

§ Marcelino Florentino and Lourdes Zandueta were indebted to PNB; PNB refused to accept backpay acknowledgement certificate by virtue of R.A. 897

§ RA 897 xxx or to any citizen of the Philippines, or to any association or corporation organized under the laws of the Philippines, who may be willing to accept the same for such settlement. xxx

§ Grammatically, the clause refers only to the last antecedent; that is, "any citizen of the Philippines or any association or corporation organized under the laws of the Philippines”; there is a comma before the words "or to any citizen, etc.," which separates said phrase from the preceding ones.

j. Reddendo Singula Singulis Ø People vs. Tamani

§ Teodoro Tamani was sentenced to life imprisonment for murdering Jose Siyang; He filed a motion for reconsideration which was denied on June 29,1963

§ A copy of order of denial (July 9) was served by registered mail on July 13, 1963 to Bello through his wife; He filed his notice of appeal only on September 10, 1963; 48 days from July 24

§ An appeal must be taken within 15 days from promulgation or notice of the judgment or order appealed from; The word "promulgation" in section 6 should be construed as


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referring to "judgment", while the word "notice" should be construed as referring to "order"

§ Reddendo singula singulis: "referring each to each; referring each phrase or expression to its appropriate object", or "let each be put in its proper place, that is, the words should be taken distributively."

§ When the order denying appellant's motion for reconsideration was served by registered mail on July 13th on appellant's counsel, he had only 1 day within which to file his notice of appeal and NOT 11 days. He was 58 days late not just 48.

k. Doctrine of Necessary Implication Ø DAR vs. PHILCOMSAT

§ PHILCOMSAT owned a parcel of land where PSCC is located; used for national defense

§ The land was suitable for agriculture § The area, however, should be exempt from CARP coverage by virtue of P.D. No. 1845,

as amended, which declared the area to be a security zone under the jurisdiction of the Ministry of National Defense

§ Every statute is understood, by implication, to contain all such provisions as may be necessary to effectuate its object and purpose, or to make effective rights, powers, privileges or jurisdiction which it grants, including all such collateral and subsidiary consequences as may be fairly and logically inferred from its terms

§ Thus, to subject said security zone to the Comprehensive Agrarian Reform Program of the government would negate the very purpose by which P.D. 1845, as revised by P.D. 1848, was decreed.

l. Verbal or Clerical Errors Ø Rufino Lopez & Sons vs. CTA

§ § §

m. Number, Gender and Tense Ø Santillon vs. Miranda

§ § §

n. Conjunctive and Disjunctive Words Ø Amon Trading Corporation vs. Court of Appeals

§ Tri-Realty agreed with Lines & Spaces, represented by Eleanor Bahia Sanchez for the purchase of cement bags for P98/bag; paid P7/bag to Sanchez for facilitation, all advanced to Sanchez

§ Amon Trading Corporation – 6050 bags; delivered 3850 bags, the rest cancelled by Sanchez

§ Juliana Marketing – 6000 bags; delivered 3000 bags, the rest cancelled by Sanchez § Tri-Realty demanded a refund of the amount of undelivered bags; with news reaching

that Eleanor Sanchez had already fled abroad, Tri-Realty filed a case for sum of money against petitioners and Lines & Spaces. Sanchez represented herself to be from Lines & Spaces/Tri-Realty, making it appear as if it was a single entity


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§ The term “and/or” was held to mean that effect shall be given to both the conjunctive (and) and the disjunctive (or); or that one word or the other may be taken accordingly as one or the other will best effectuate the intended purpose

§ In using the term "and/or", the word "and" and the word "or" are to be used interchangeably. BY ANALOGY, the words “Lines & Spaces/Tri-Realty” mean that effect shall be given to both Lines & Spaces and Tri-Realty OR that Lines & Spaces and Tri-Realty may be used interchangeably

§ Hence, petitioners were not careless when they believed Eleanor Sanchez's representation that 'Lines & Spaces/Tri-Realty refers to just one entity; there was, therefore, no error attributable to petitioners when they refunded the value of the undelivered bags of cement to Lines & Spaces only.

o. Use of “Shall” and “May Ø Office of the Ombudsman vs. Macabulos

§ Dr. Virtudes executed a complaint-affidavit charging Dr. Macabulos with dishonesty, grave misconduct, etc.; Dr. Macabulos required her to submit dental and medical receipts for the liquidation of cash advance amounting to P45,000 for t dental medicines and supplies

§ Complaint is dismissed because it was filed after 1 year from the occurrence of the act or omission complained of

§ The use of the word "may" in Section 20(5) of RA 6770 indicates that it is within the discretion of the Ombudsman whether to conduct an investigation when a complaint is filed after one year from the occurrence of the complained act or omission

§ The use of the word "may" is ordinarily construed as permissive or directory, indicating that a matter of discretion is involved; when used in a statute, does not generally suggest compulsion

§ The word "shall" is imperative, operating to impose a duty which may be enforced § Sec. 4 xxx dismissed outright for any grounds stated under Section 20 of Republic Act No.

6770, provided, however, that the dismissal thereof is not mandatory and shall be discretionary on the part of the Ombudsman or the Deputy Ombudsman concerned

§ Thus, it was within the discretion of the Ombudsman whether to pursue the investigation or dismiss the complaint.

VIII. Aids in Interpretation and Construction 8.1 Intrinsic Aids 8.1.1 Title

Ø Central Capiz vs. Ramirez § Ramirez contracted with Central Capiz to supply of all sugarcane produced by her for a

term of 30 years, to be converted into a right in rem as an encumbrance upon the land, binding to all future owners of the same

§ Ramirez refuses to push through with the contract thinking it might violate Act No.2874, “An Act to amend and compile the laws relating to lands of public domain, and for other purposes”

§ Section 24: No corporation...may acquire or own agricultural public land or land of any other denomination or classification, not used for industrial or residence purposes


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§ More than 61% of the capital stock of petitioner is held and owned by persons who are not citizens of the Philippine Islands or of the United States; The land involved is a private agricultural land

§ Purpose of Act No. 2874 was and is to limit its application to lands of public domain and that lands held in private ownership are not included therein and are not affected in any manner whatsoever

§ The phrase "and for other purposes," found in the title of said Act (No. 2874), by virtue of the provisions of section 3 of the Act of Congress of August 29, 1916 (the Jones Law), cannot be interpreted to include, nor be made applicable to any lands not public

8.1.2 Preamble Ø People vs. Purisima

§ 26 petitions for review were filed charging the Defendant with“illegal possession of deadly weapon” in violation of PD No. 9

§ The accused filed motion to quash ground that the Information did not allege facts which constitute the offense penalized by PD No. 9; in furtherance of subversion, insurrection...

§ Preamble of PD No. 9: WHEREAS, subversion, rebellion, insurrection, lawless violence, criminality, chaos and public disorder mentioned in the aforesaid Proclamation No. 1081 are committed and abetted by the use of firearms, explosives and other deadly weapons;

§ A simple act of carrying any of the weapons described in the presidential decree is not a criminal offense in itself; accused did not violate PD No. 9

§ The "preamble," usually introduced by the "Whereas" clause, is the key of the statute, to open the minds of the makers as to the mischiefs which are to be remedied, and objects which are to be accomplished, by the provisions of the statute

8.1.3 Punctuation Marks Ø U.S. vs. Hart

§ Hart, Miller, and Natividad, were caught in a gambling house and were penalized on a charge of vagrancy under the provisions of Act No. 519: (2) every person found loitering about saloons or dram shops or gambling houses, or tramping or straying through the country without visible means of support

§ Hart operates a hotel and saloon; Miller had been engaged in the tailoring business; and Natividad was a tailor, married, and had a house of his own; it was under the first part of the portion of law for which they were charged with

§ The construction finally adopted should be based upon something more substantial than the mere punctuation found in the printed Act

§ An argument based upon punctuation alone is not conclusive, and the courts will not hesitate to change the punctuation when necessary, to give to the Act the effect intended by the Legislature, disregarding superfluous or incorrect punctuation marks, and inserting others where necessary; they were acquitted

8.1.4 Definition Sections and Interpretation Clauses Ø People vs. Buenviaje

§ Jovita Buenviaje was found guilty of violation of illegal practice of medicine & illegally advertising oneself as a doctor in accordance with Section 2678 of the Administrative


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Code; She practices chiropractic although she has not secured a certificate to practice medicine;

§ She ‘treated and manipulated’ the head and body of Regino Noble which he pretended to suffer; Advertised and offered her services as a physician by means of cards and letterheads which she distributed in Manila, in which she prefixed to her name the letters “Dra.”

§ ‘Chiropractic’ is included in the ‘practice of medicine’; Statutory definition prevails over ordinary usage of the term

§ Act 3111 is constitutional as the title “An Act to Amend (enumeration of sections to be amended)” is sufficient and it need not include the subject matter of each section

8.1.5 Capitalization of Letters Ø Unabia vs. City Mayor

§ Severino Unabia was a foreman, Group Disposal, Office of the City Health Officer, Cebu City; the City Mayor removed him from the service and his place was taken by Perfecto Abellana, and latter by Pedro E. Gonzales; Petitioner sought to be reinstated but the respondents refused

§ Unabia is a person in the Philippine Civil Service, specifically the unclassified service and his removal from his position is a violation of section 694 of the Revised Administrative Code and section 4 of Art XII of the Constitution

§ Respondents claims that the use of capital in the words "Civil Service" in the Constitution and the use small letters for the "civil service" in the Revised Administrative code indicates only those pertaining to the classified service

§ UNCLASSIFIED SERVICE are those positions wherein the nature of the work and qualifications are not subject to classification

§ Capital "C" and "S" in the words "Civil Service" were used in the Constitution to indicate the group. No capitals are used in the similar provisions of the Code to indicate the system. Hence, there is no difference between the use of capitals in the constitution and small letters in the Revised Administrative Code. Both are expressly declared to belong to the Civil Service; hence the same rights and privileges should be accorded to both

§ Petitioner was dismissed and since he did not petition for mandamus for his reinstatement within a year, he is deemed to have abandoned his right to his former position and is not entitled to reinstatement therein by mandamus

8.2 Extrinsic Aids Legislative History Prior to Enactment 8.2.1 Contemporaneous Circumstance

Ø Philippine Sugar Central Agency vs. Collector of Customs § Petitioner acts as agency and attorney-in-fact of Ma-ao Sugar Central Co. – shipped

5,124,416 gross kilos of centrifugal sugar to US in a wharf on Pulapandan, Occidental Negros on steamship Hannover – a privately owned wharf

§ Collector of Customs assessed and collected wharfage dues on sugar at P2 per thousand gross kilos or a total amount of P10,248.84; plaintiff paid, under protest – trial court ordered refund

§ The said duty charge is exclusive to the use of wharfage and not on any other harbor dues that the exporter would accumulate including duty of tonnage


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§ Duty of tonnage means is a duty tax or burden imposed under the authority of the state, which is, by the law imposing it, to be measured by the capacity of the vessel, and is in its essence contribution claimed for the privilege of arriving and departing from a port

§ The Government can be allowed to collect because not to do so would overthrow and destroy the whole system of the Government, in and by which millions of pesos have been levied and collected and expended in the construction of Government wharves, and it would have defeated the construction of the Government wharf at Pulapandan

§ Following the Contemporaneous Circumstance construction – what is the intention of the lawmakers – historically, wharves not owned nor operated by government cannot be taxed or levied upon

§ Technically the meaning of such is a charge or rent for the use of wharf but then again according to the High Court the meaning of the term is for the construction of wharfs because there are no wharfs existing at the enactment of such statute and after such enactment the wharfs have been constructed left and right

8.2.2 Policy Ø Sarcos vs. Castillo

§ Gov. Castillo ordered preventive suspension of Mayor Barobo for misconduct and dishonesty – set aside. The power of preventive suspension is not lodged in the provincial governor

§ The purpose of the Decentralization Act of 1967 was ascertained using the policy of law § “To transform local governments gradually into effective instruments through which the

people can in a most genuine fashion, govern themselves and work out their own destinies."

§ In consonance with such policy, its purpose is "to grant to local governments greater freedom and ampler means to respond to the needs of their people and promote their prosperity and happiness and to effect a more equitable and systematic distribution of governmental powers and resources."

§ Policy of law should be given effect by the judiciary. One way to accomplish this mandate is to give a statute of doubtful meaning, a construction that will promote public policy

8.2.3 Legislative History of Statute Ø Oliva vs. Lamadrid

§ Laureano Oliva owns a parcel of land – mortgaged to a bank – defaulted – foreclosed § Sold on February 4, 1961 – Oliva given 2 years to redeem – did not redeem within 2 years § Prior to May 31, 1963, he offered to repurchase the property but the offer was turned

down. § He claimed that, as holder of a free patent and a torrens title, he is entitled to redeem

the property within five (5) years from the date of the auction sale, pursuant to Section 119 of CA No. 141

§ Defendants alleged that the right of redemption expired on February 4, 1963, under the provisions of Sec 6 of RA No. 720, as amended by RA No. 2670, which, they maintain, is controlling.

§ The legislative history of the bills which later became said RA No. 2670, amending RA No. 720, shows that the original proposal was to give homesteaders or free patent holders a period of 10 years within which to redeem their property foreclosed by rural banks;


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§ Consequently, the proposal was given up, with the specific intent and understanding that homesteaders or holders of free patent would retain the right to redeem within five (5) years from the conveyance of their properties, as provided in the general law, that is to say the Public Land Act, or Commonwealth Act No. 141.

8.2.4 Contemporaneous and Practical Construction Ø Nestle Philippines vs. Court of Appeals

IX. Construction of a Statute as a Whole, its Part, and Other Statutes

Ø Aboitiz Shipping Corporation vs. City of Cebu § Mayor of Cebu approved Ordinance No. 207; Sec.17(w) To fix the charges to be paid by all

watercrafts landing at or using public wharves, docks, levees, or landing places. § Aboitiz paid under protest; filed with CFI of Manila to declare the ordinance void, for the

wharves were owned by the National Government – dismissed, no distinction between those owned by the National Government and those owned by the City of Cebu

§ The word "public" does not refer to its ownership, it denotes rather the nature of its use. Thus public wharves are those used generally by the public, free of charge or for compensation

§ The right to collect the wharfage belongs to the National Government § Legislative intent must be ascertained from a consideration of the statute as a whole and not

of an isolated part or a particular provision alone. For taken in the abstract, a word or phrase might easily convey a meaning quite different from the one actually intended and evident when the word or phrase is considered with those with which it is associated.

§ Sec.17(v) to provide for the construction and maintenance of public wharves... Under subsection W, there is clearly no distinction between public wharves owned by the National Government and those owned by the city itself. However, the immediately preceding subsection V impliedly establishes such a distinction.

Ø Magtajas and City of Cagayan de Oro vs. Pryce Properties Corporation § PAGCOR decided to expand its operations to Cagayan de Oro City; it leased apportion of a

building belonging to Pryce Properties Corporation, Inc. § Civic organizations angrily denounced the project for it violates City Ordinance No. 3353

prohibiting the use of buildings for the operation of a casino and Ordinance No. 3375-93 prohibiting the operation of casinos

§ Respondents invoke P.D. 1869 which created PAGCOR to help centralize and regulate all games of chance, including casinos on land and sea within the territorial jurisdiction of the Philippines

§ Cagayan is empowered to enact ordinances under LGC; Expressly vested with the police power under what is known as the General Welfare Clause now embodied in Sec. 16

§ There is a requirement that the ordinances should not contravene a statute. Municipal governments are only agents of the national government.

§ Casino gambling is authorized by P.D. 1869. This decree has the status of a statute that cannot be amended or nullified by a mere ordinance


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Ø Laguna Lake Development Authority vs. Court of Appeals § RA 4850 created the “Laguna Lake Development Authority”, it was amended by PD 813 & EO

927 § Sec. 2 of EO 927: LLDA shall have exclusive jurisdiction to issue permit for the use of all

surface water for any projects or activities in or affecting the said region... § Then came the LGC of 1991 (RA 7160) which contained provisions which granted fishing

privileges and which the municipal governments took advantage of to issue fishpen permits § LLDA served notice stating that violation of RA 4850 carries a penalty of imprisonment;

fishpen owners prayed for a TRO, which was granted § Who has jurisdiction, LLDA or local towns and municipalities? – LLDA, no repeal of RA 4850 by

LGC; LGC is a general law, RA 4850 is a special law § It is a well-settled rule in this jurisdiction that a special statute, provided for a particular case

or class of cases, is not repealed by a subsequent statute, general in its terms, provisions and application, unless the intent to repeal or alter is manifest, although the terms of the general law are broad enough to include the cases embraced in the special law

Ø National Tobacco Administration vs. COA § EO 116, as amended by EO 245 created NTA; Congress passed RA 6758, entitled “An Act

Prescribing a Revised Compensation and Position Classification in the Government and for Other Purposes”; DBM issued Corporate Compensation Circular No. 10 (CCC No. 10) to serve as the IRR

§ Prior to RA 6758, employees of NTA have been receiving amelioration benefit which was later changed to educational assistance ; Dalisay Aracan, Auditor of NTA, issued a Notice of Disallowance of the payment of the educational assistance

§ Petitioners appealed, COA, however, ruled that the educational assistance is not among those allowances mentioned in Sub-pars. 5.4 and 5.5 of CCC No. 10, the same shall be discontinued

§ WON the social amelioration or educational assistance benefit given to the individual petitioners prior to enactment of R.A. 6758 is authorized under the law. YES

§ Sec. 12 of RA 6758: all allowances are integrated into the prescribed salary rates, except xxx (7) such other additional compensation not otherwise specified in Section 12 as may be determined by the DBMxxx the enumerated fringe benefits are in the nature of allowance

§ Under the aforesaid “catch-all proviso,” the legislative intent is just to include the fringe benefits which are in the nature of allowances

§ Sub-paragraph 5.4 of IRR enumerates the allowance/fringe benefits which are not integrated into the basic salary and which may be continued

§ Sub-paragraph 5.5 of IRR provides for the other allowances/fringe benefits not likewise integrated into the basic salary and allowed to be continued

§ financial assistance – reimbursement is not necessary, allowance – reimbursement is required; the benefits mentioned in the first sentence of Section 12 and sub-paragraphs 5.4 and 5.5 of CCC No. 10 are entirely different from the benefit in dispute, denominated as Educational Assistance

§ Cardinal is the rule in statutory construction “that the particular words, clauses and phrases should not be studied as detached and isolated expressions, but the whole and every part of the statute must be considered in fixing the meaning of any of its parts and in order to produce a harmonious whole; conflicting provisions should be reconciled and harmonized, if at all possible


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Ø Co vs. Civil Register of Manila § Co Boon Peng and Lourdes Tan are Chinese citizens; Boon Peng filed for naturalization under

LOI 270, it was granted and he was conferred under PD 1055 § Siblings Hubert Co and Arlene Co filed a case for correction of entries in their certificates of

birth, correcting and changing the entries as to the citizenship of their father from “Chinese” to “Filipino”

§ The court dismissed the petition on the ground that their father applied under LOI 270 and not under CA 473;

§ LOI 270 and CA 473 were designed to grant citizenship to deserving aliens; hence, should be construed together – pari materia rule; while they provide for different procedures, CA No. 473 governs naturalization by judicial decree while LOI No. 270 governs naturalization by presidential decree; both statutes have the same purpose and objective

§ Statutes in pari materia should be read and construed together because enactments of the same legislature on the same subject are supposed to form part of one uniform system

§ The said provision should be read into the latter law as an integral part thereof, not being inconsistent with its purpose

§ To correct simply means “to make or set a right; to remove the faults or error from;” to change means “to replace something with something else of the same kind or with something that serves as a substitute”

X. Strict and Liberal Construction: Mandatory and Directory

Ø People vs. Terrado § In 1951 & 1952, Obo, Gundran, & Terrado applied for, and were issued free patents for

contiguous parcels of land in Camarines Sur; said land were allegedly forest land hence, not disposable

§ In 1962, three separate informations for falsification of public document were filed under Art. 171 of the RPC; lands of the public domain is also punishable as perjury under Sec. 129 of CA 141

§ Appellees claim that the crime has already prescribed according to Public Act No. 3326, as amended by Act 3585 and Act 3763

§ Under RPC, perjury is correccional and prescribes in 10 years; perjury is punishable by imprisonment of 4 months to 2 years and 4 months, and prescribes after eight years under PA 3326

§ The 8 year prescriptive period should be applied; Penal statutes, substantive and remedial or procedural are, by consecrated rule, to be strictly applied against the government and liberally in favor of the accused

Ø Bermudez vs. Executive Secretary Torres § Oscar Bermudez was a recomendee of Sec. of Justice for the position of Provincial

Prosecutor; Private respondent Atty. Conrado Quiaoit was appointed by Pres. Ramos to the office

§ Quiaoit took his oath and assumed office; Bermudez refused to vacate the Office of the Provincial Prosecutor and challenged the appointment of Quiaoit on the ground that the


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appointment lacks the recommendation of the Sec. Of Justice prescribed under the Revised Admin Code of 1987

§ Petitioners contend that an appointment of a provincial prosecutor mandatorily requires a prior recommendation of the Secretary of Justice

§ There is no hard-and-fast rule in ascertaining whether the language in a statute should be considered mandatory or directory, for each must be determined on the basis of the specific law in issue and the peculiar circumstances attendant to it; case-to-case basis

§ The nature, structure and aim of the law itself is often resorted to in looking at the legislative intent

§ Generally, it is said that if no consequential rights or liabilities depend on it and no injury can result from ignoring it, and that the purpose of the legislature can be accomplished in a manner other than that prescribed when substantially the same results can be obtained, then the statute should be regarded merely as directory, rather than as mandatory, in character

§ The power to appoint is, in essence, discretionary; the appointing authority has the right of choice which he may exercise freely according to his judgment, deciding for himself who is best qualified among those who have the necessary qualifications and eligibilities

§ The President, being the head of the Executive Department, could very well disregard or do away with the action of the departments, bureaus or offices even in the exercise of discretionary authority, and in so opting, he cannot be said as having acted beyond the scope of his authority

XI. The Statute and the Constitution

Ø Nitafan vs. CIR § Petitioners (Judges) seek to enjoin CIR from making deduction of withholding taxes from their

salaries § Petitioners contend that “any tax withheld from their emoluments or compensation as

judicial officers constitutes a decrease or diminution of their salaries, contrary to the provision the 1987 Constitution mandating that during their continuance in office, their salary shall not be decreased”

§ The court looked into the intent of the framers of the Constitution; the primary task in constitutional construction is to ascertain and thereafter assure the realization of the purpose of the framers and of the people in the adoption of the Constitution

§ The intent was to delete the proposed express grant of exemption from payment of income tax to members of the Judiciary, so as to give substance to equality among the branches of Government

§ Commissioner Bernas also said that the salaries of members of the Judiciary would be subject to the general income tax applied to all taxpayers

Ø People vs. Muñoz § 11 persons, most of them bodyguards of the town Mayor, were charged with murder of

killing innocent farmers and not cattle rustlers they were claimed to be; 4 were found guilty


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§ The killing occurred in Pangasinan where 3 Bulataos died, each of which constitutes crime of murder qualified with treachery; penalty for murder, under Art 248 of the RPC, was RT max to death

§ Sec 19 of the 1987 Constitution does not expressly declared the abolition of the death penalty; does not change the periods of the penalty prescribed by that of the RPC except only insofar as it prohibits the imposition of the death penalty and reduces it to reclusion perpetua

§ SC was not persuaded that it was the intention of the framers to lower not only the maximum period but also the other periods of the original penalty; Thus, the applicable sentence imposed on all the accused for the murder committed in conspiracy with others is reclusion temporal in its medium period to reclusion perpetua

Ø Ordillo vs. Comelec § A plebiscite was held pursuant to RA 6766 (Organic Act creating the CAR) with the votes of

the people in the provinces of Benguet, Mountain Province, Kalinga-Apayao, Ifugao, Abra and the city of Baguio

§ Only Ifugao managed to get a majority vote; Resolutions and memorandum from the COMELEC and the Secretary of Justice states that only provinces voting favorably in the plebiscite shall constitute the region

§ Art. X, Sec. 15 of the 1987 Constitution explicitly provides that “there shall be created autonomous regions xxx consisting of provinces, cities, municipalities and geographical areas xxx” From this, it can be derived that the term “region” used in its ordinary sense means two or more provinces.

§ The provisions of RA 6766 also show that the Congress never intended that a single province may constitute the Autonomous Region

§ To become part of a region, it must join other provinces, cities, municipalities, and geographical areas; it joins other units because of their common and distinctive historical and cultural heritage, economic and social structures and other relevant characteristics

§ The well-established rule in statutory construction that the language of the Constitution, as much as possible should be understood in the sense it has in common use and that the words used in constitutional provisions are to be given their ordinary meaning except where technical terms are employed, must then, be applied in this case

Ø Calderon vs. Carale § RA 6715 (Herrera-Veloso Law), amending the Labor Code was approved, it provides in Sec

13 that The Chairman, the Division Presiding Commissioners and other Commissioners shall all be appointed by the President, subject to confirmation by the Commission on Appointments

§ Pres Aquino issued permanent appointments to the Chairman and Commissioners of the NLRC without confirmation from the Commission on Appointments; Calderon, thus, filed a petition for prohibition questioning the constitutionality and legality of the permanent appointments

§ RA 6715 transgresses Section 16, Article VII by expanding the confirmation powers of the Commission on Appointments WITHOUT constitutional basis

§ Had it been the intention to ALLOW Congress to expand the list of officers whose appointments must be confirmed by the Commission on Appointments, the Constitution would have said so by adding the phrase "and other officers required by law" at the end of the first sentence, OR the phrase, "with the consent of the Commission on Appointments" at


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the end of the second sentence § It is the duty of the Court to apply the 1987 Constitution in accordance with what it says and

not in accordance with how the legislature or the executive would want it interpreted § Confirmation by the Commission on Appointments is required ONLY for the 1st group: heads

of the executive departments, ambassadors, other public ministers and consuls, officers of the armed forces from the rank of colonel or naval captain; and 2nd group: other officers whose appointments are vested in him in this Constitution

§ NLRC falls under the 3rd group of appointees: Those whom the president may be authorized by law to appoint

Ø Manila Prince Hotel vs. GSIS § GSIS decided to sell through public bidding, 30%-51% shares of Manila Hotel Corporation,

Manila Prince Hotel Corporation offered to buy 51% of MHC or 15,300,000 shares at P41.58 per share; Renong Berhad, a Malaysian firm, bid for the same number of shares at P44.00 per share

§ Manila Prince Hotel sent a letter to the GSIS matching the bid price of P44 per share. They also sent a manager's check to GSIS as Bid Security to match the bid, however, GSIS refused to accept

§ The Filipino First Policy (Sec. 10 Second Par Art. XII) means that qualified Filipinos shall be preferred; unless it is expressly provided that a legislative act is necessary to enforce a constitutional mandate, the presumption now is that all provisions of the constitution are self-executing

§ The term "qualified Filipinos" means that preference shall be given to those citizens who make a viable contribution to the common good, because of credible competence and efficiency

§ MHC is a hotel that played and continues to play significant role as an authentic repository of 20th Century Philippine history and culture, thus, it is to be considered as part of our “national patrimony”

§ 51% of the MHC cannot be disassociated from the hotel and the land on which the hotel edifice stands

§ The GSIS, in choosing, are mandated to abide by the dictates of the 1987 Constitution the provisions of which are presumed to be known to all the bidders and other interested parties

§ Since the Filipino corporation was able to match the bid of the foreign firm, it must be awarded to the said corporation if we are to give life and meaning to the Filipino First Policy provision

“That in all things, God may be glorified!”

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