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RICOB, through the Solicitor General has taken the instant appeal to
raise questions purely of law, hence the petition to this court.
ISSUE:
Whether or not the Petitioner, not a 100% Filipino owned corporation,
can engage in the trade, processing and manufacture of corn and rice oil
from raw materials.
RULING:
The Judgment is REVERSED
The lower court erred in the construction of the in which it proclaimed
that the issue of by-products was germane to the case at hand and on the
interpretation legislative intent of the makers of the law with the remark that
Filipino's do not depend for their survival by the eating the by-products if rice
and corn, hence the error in the decision that the Petitioners were not
included in the scope of Republic Act No. 3018.
According to Section 1 of the law:
"No person who is not a citizen of the Philippines, or association,
partnership or Corporation, the capital or capital stock of which is now wholly
owned by citizens of the Philippines, shall directly indirectly engage in the rice
and/or corn industry except as provided in Section three of this act."
Since the Law is clear and unambiguous, there is no need for construction or
interpretation, but only implementation. Only 100% Filipino owned artificial
persons may engage in the rice and/or corn industry.
In regards to the validity of Resolution No. 10 and General Circular No.
1 is is rendered moot and academic.
DISPOSITIVE PORTION:
WHEREFORE, the judgment appealed from is reversed and the writ of
injuction issued therein is annulled and set aside. No costs.
SO ORDERD.