PRESUMPTIONS IN AID OF CONSTRUCTION

1.Presumption against unconstitutionality

Aris (Phils) vs.
NLRC
Laws are presumed constitutional.
To justify nullification of a law, there must be
a clear and unequivocal breach of the
constitution, not a doubtful or argumentative
implication; a law shall not be declared
invalid unless the conflict with the
constitution is beyond reasonable doubt.

All laws are presumed valid and

constitutional until or unless otherwise ruled
by the Court.
The burden of proving the invalidity of a law
rests on those who challenge it.
2.Presumptions against injustice
In case of doubt in the interpretation or
application of laws, it is presumed that the
lawmaking body intended right and justice to
prevail.

Lim vs. Pacquing

Salvacion v.
Central Bank

Whether or not Sec

113 of the CB
Circular 960 and
Foreign Currency
Deposit Act be
made applicable to
a foreign transient.
A law should not be interpreted so as to
cause an injustice.

Alonzo vs. IAC and

Padua

Private reposndents who were employees of the petitioner

lodged a protest action against the management concerning
their working surroundings which had become detrimental and
hazardous.
Then, respondents were dismissed for violation of company
rules and regulations.
Petitioners filed a complaint for illegal dismissal with the
NLRC.
The Labor Arbiter ruled in favor of the respondents and
ordered reinstatement, etc.
Petitioner assails the constitutionality of the amendment
introduced by Sec 12 of RA No. 6715 to Article 223 of the labor
Code (PD 442 as amended) allowing execution pending
appeal of the reinstatement aspect of a decision of a labor
Arbiter reinstating a dismissed or separated employee and of
It is a valid exercise of the police power.
Preservation of the lives of the citizens is more vital than the
preservation of the corporate profits.
Jai Alai
To doubt is to sustain.

On Feb 4 to 7, 1989, Greg Bartelli detained and was able to

rape a then 12-year old Karen, on several occasions. During
the rescue of Karen, Greg Bartelli was arrested. The
policemen recovered from him evidence, including the dollaraccount-China banking Corp.
On Feb 16, 1989, criminal Cases were filed against him with
corresponding civil case for damages with preliminary
attachment
On Feb 24, he escaped. In the meantime, the court issued a
writ of preliminary attachment and notice of garnishment was
made to China where Bartelli maintains a dollar account.
China banking invoked Sec.113 of CB Circular 960 to the
effect that the dollar deposits of defendant Bartelli are exempt
from attachment.
The judgment was later rendered against Bartelli, but China
Banking and CB refused to honor the writ of execution.
The reason advanced by the CB is to assure the development
and speedy growth of the Foreign Currency Deposit System
and the Offshore banking system in the Phils. Thus, it will
encourage the inflow of foreign currency deposits into the
banking institution.
The application of the law depends on the extent of its justice.
If the court will rule in favor of the respondent, injustice would
result especially to a citizen aggrieved by a foreign guest like
the accused. This would negate Article 10 of the Civil Code
which provides that in case of doubt in the interpretation or
application of laws, it is presumed that the lawmaking body
intended right and justice to prevail.
5 siblings inherited in equal pro indiviso shares of parcel of
land registered in the name of their deceased parents under
OCT No.10977 of the Register of Deeds of Tarlac.
In 1963, Celestino Padua transferred his property to the
petitioners by absolute sale (P550) and in 1964, Euistaquia
Padua sold her share to the same vendee (P440)
The petitioner occupied the 2/5 portion which was
subsequently enclosed the same with a fence.
In 1975, with their consent, their son and his wife built a semiconcrete house on a part of the enclosed area.
In Feb 1976, Mariano Padua sought to redeem the area sold
but the complaint was dismissed when it appeared that
Mariano was an American citizen.
In May 1977, Tecla Padua, another co-heir, invoked the same

right invoked by her brother.

The TC dismissed the complaint on the ground that the right
had lapsed 30 days after the actual sale even without written
notice because it was held that the actual knowledge of the coheirs satisfied the requirement of the law.
CA reversed the ruling and insisted that the written notice was
required.
-In the face of the established facts, the court cannot accept the
private respondents pretense that they were unaware of the
sales made by their brother and sister in 1963 and 1964.
The Court just made an exemption to the general rule.
A provision of the constitution should not be
construed in isolation from the rest. Rather
the constitution must be interpreted as a
whole, and apparently, conflicting provisions
should be reconciled and harmonized
inasmuch that may give to all of them full
force and effect.

Hermoso vs. CA
Peralta vs.
COMELEC

action for legal redemption

Alba vs.
Evangelista
3.Presumption against implied repeals
In the absence of an express repeal, a
subsequent law cannot be construed as
repealing a prior law unless an irreconcilable
inconsistency and repugnancy exists in the
terms of the new and old laws.

Repeals of statute by implication not favored

Berces vs. Exe Sec

Mecano vs.
Commission on
Audit

Whether or not Exe

No.292, Adm Code
of 1987 operates to
repeal the Revised
Administrative
Code of 1917.

The Sangguniang Panlalawigan ruled in favor of the petitioner

with regard to the 2 administrative cases against Mayor Corral
of Tiwi, Albay for abuse of authority and/or oppression and
dishonesty. There was a suspension order. The Mayor
appealed the decision to the Office of the Pres who ordered
the stay of execution to prevent undue prejudice to public
interest.
Petitioner claims that the governing law in the instant case is
RA 7160 which contains a mandatory provision that an
appealshall not prevent a decision from becoming final and
executory
He argues that AO No.18 dated Feb. 1987 (entitled
Prescribing Rules and Regulations Governing Appeals to the
Office of the President) authorizing the President to stay the
execution of the appealed decision at any time during the
pendency of the appeal was repealed by RA No. 7160 which
took effect in January 1991.
The petition is devoid of merit.
-Implied repeal
-The two provisions are not irreconcilably inconsistent and
repugnant and the two laws must in fact be read together.
Mecano seeks to nullify the decision of COA denying his claim
for reimbursement under Section 699 of the Revised
Administrative Code as amended in the total amount of
P40,831.00.
Petitioner, Dir II of NBI was hospitalized for cholecystitis
(service-connected) for almost 2 weeks, on account of which
he incurred medical and hospitalization expenses, the total
amount of which he is claiming from the COA.
COA Chairmain denied his claim on the ground that Section
699 of the RAC has been repealed by the Administrative Code
of 1987 solely for the reason that the same section was not
restated nor re-enacted in the Adm. Code of 1987.
The ascentainment of whether or not it is the intent of the
legislature to supplant the Old Code with the new Code partly
depends on the scrutiny of the repealing clause of the new
code.
The failure to add specific repealing clause, the intent was not
to repeal any existing law, unless an irreconcilable
inconsistency or repugnancy exists in the terms of the new
and old laws.
Comparing the two Codes, it is apparent that the new Code

does not cover nor attempt to cover the entire subject matter
of the old code. Those which are not covered in the new code
include the provisions on notaries public, the leave law, military
reservations, claims for sickness benefits and still others.
Lastly, it is a well settled rule in stat con that XXX
The PRESUMPTION is against inconsistency and repugnancy
for the legislature is presumed to know the existing laws on the
subject matter and not to have enacted inconsistent or
conflicting statutes.
4.Presumption against ineffectiveness
In the interpretation of a statute, the Court
should start with the assumption that the
legislature intended to enact an effective
statute.

Paras vs. Comelec

Whether or not SK
election can be
considered as a
regular local
election

Paras is the incumbent Punong Barangay of Brgy. Pula,

Cabanatuan City who won in 1994
A petition was filed by the registered voters.
COMELEC set the recall election on Nov. 1995, but was
deferred in view of the petitioners opposition.
Petitioner cited RA 7160 (Local Government Code) which
states that No recall shall take place within 1 year from the
date of official assumption to office or 1 year immediately
preceding a regular election.
Petitioner insists that the scheduled Jan.1996 recall election is
now barred as the SK election was set on the 1st Monday of
May 1996 and every 3 years thereafter.
Petitioner cites the Associated labor Union case where the
court considered the SK election as a regular election.
It is a rule in statutory construction that every part of the
statute be interpreted with reference to the context, i.e. every
part of the statute must be considered together with the other
parts and kept subservient to the general intent of the whole
enactment.
Reading sec.74 a and b, the official may be subject only in the
second year of his term. If the SK election will be considered a
regular local election, then no recall election can be conducted
rendering inutile the recall provision.
XXX

5.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 absurd conclusion.

Presumption against undesirable

consequences were never intended by a
legislative measure.

CIR vs. Esso

Standard

Ursua vs. CA

ESSO overpaid its 1959 income tax by P221,033.00

-was granted a tax credit in August 1964
-ESSOs 1960 income tax was short of Php367,994.00.
-On 7/64, the Commissioner demanded the payment of the
deficiency tax together with interest thereon from April 1961 to
April 1964.
On Aug, 1964, it paid under protest the amount due, but
protested the amount of interest being more than that properly
due.
ESSO thus asked for a refund.
IRC denied the claim; Court of Tax Appeals reversed the
decision and ordered the refund
Having been paid and received by mistake, the sum
unquestionably belonged to ESSO, and the Government had
an obligation to return it to ESSO. The obligation to return
money mistakenly paid arises from the moment that the
payment is made and not from the time the payee admits the
obligation to reimburse.
-Nothing is best settled than that courts are not to give words
a meaning which would lead to absurd or unreasonable
consequences.
-Statutes should receive a sensible construction, such as will
give effect to the legislative intention and so as to avoid an
unjust or absurd conclusion.
Atty. Palmones asked his client to Ursua to take his letterrequest to the Office of the Ombudsman because his law firms
messenger, Oscar Perez had to attend to some important
matters.
Perez advised Ursua to just sign his name (Perez) if ever he
would be asked to acknowledge receipt of the complaint.
Ursua signed the name of Perez in the visitors logbook and in

Issue: Whether or
not the use of a
different name
belonging to
another in isolated
transaction falls
within the
prohibition of CA
No.142

the receipt of the copy of the complaint given by Lorna

Kahulugan..
Before leaving he was greeted by Josefa Amparo, who also
worked in the same office.
After learning the real identity of Ursua, Lorna reported the
matter to the Deputy Ombudsman who recommended that the
petitioner be accordingly charged.
TC found him guilty of violating Sec1 of CA No.142,as
amended by RA No. 6085. His conviction was affirmed by CA.
Time and again we have decreed that the statutes are to be
construed in the light of the purposes to be achieved and the
evils sought to be remedied.
The Court may consider the spirit and reason of the statute,
where a literal meaning would lead to absurdity, contradiction,
injustice or would defeat the clear purpose of the lawmakers.
The purpose and objective of CA No. 142 have their origin in
Act No.3883, An Act to Regulate the Use in Business
Transaction of Names Other Than True Names
CA No. 142 was made primarily to curb the common practice
among Chinese of adopting scores of different names and
aliases which created tremendous confusion in the field of
trade. CA No.142 thus penalized the act of using the alias
name unless such alias was duly authorized by proper judicial
proceeding and recorded in the civil registry.
Hence the use of fictitious name or a different name belonging
to another person in a single instance without any sign or
indication that the user intends to be known by this name in
addition to his real name from that day forth does not fall within
the prohibition contained in CA No. 142 as amended.
While the petitioner may be covered by other provisions of law,
such does not constitute an offense within the concept of CA
No.142 as amended under which he is prosecuted.
There exist a valid PRESUMPTION XXX

6.Presumption against violation of intl law

Article 2, Sec 2. The Philippines as a
democratic and republican state adopts the
generally accepted principles of international
law as part of the law of the land and
adheres to the policy of peace, equality,
justice, freedom, cooperation and amity with
all nations.

Agustin vs. Edu

Reyes vs.
Bagatsing

E. Strict and Liberal Construction of Statutes

1.Penal Statutes
Meriz vs. People
Centeno vs.
Pernillos
Ursua vs. CA
People vs.
Ladjaalam
2. Tax Laws
Pepublic vs. IAC
and Spouses
Pastor

Letter of Instruction 229

Requiring the installation of early warning devices (EWD) to
vehicles was held valid exercise of POLICE POWER measure.
It is in conformity with the 1968 Vienna Convention on Road
Signs and Signals which was ratified by the Phil. Gov. in PD
207
It is not for this country to repudiate a commitment to which it
had pledged its word.
In holding a rally in front of the US Embassy.
It was held that the Phils. is a signatory of the Vienna
Convention on Diplomatic Relations adopted in 1961.
It provides that the receiving state is under a special duty to
take appropriate steps to protect the premises of the mission
against any intrusion or damage and to prevent any
disturbance of the peace of the mission or impairment of its
dignity.
If there were a clear and present danger of intrusion, there
would be a justification of the denial of the permit insofar as
the terminal point would be the embassy.

3.Naturalization laws
Naturalization laws should be rigidly
enforced and strictly construed in favor of
the government and against the applicant.

4. Insurance Law

5. Labor and Social Legislation

6. Election Rules Pahilan vs. Tabalba

Acting
Commissioner of
Customs vs.
Meralco
Misamis Oriental
Asso. of Coco
Traders vs. sec of
Finance
Resins, Inc. vs.
Auditor Gen and
Central Bank
Commissioner of
Customs vs. Court
of Tax Appeals
MCIAA vs. Marcos
Ong Chia vs.
Republic

Finman Gen
Assurance Corp vs.
CA
New Life
Enterprises vs. CA
Corporal vs.
Employees
Compensation
Commission and
GSIS
Manahan vs.
Employees
Compensation
Commission and
GSIS
Tantuico vs.
Domingo

-Petitioner-born In China
-Arrived in the Phils. at the age of 9, has stayed, been
employed at eventually started his own business,
-Married a Filipina with whom he had 4 children
-At age of 66 (July 1989), he filed a verified petition to be
admitted as Filipino Citizen under C.A. No. 473, Revised
Naturalization Law
-Petitioner testified as to his qualifications and presented 3
witnesses to corroborate his testimony
-The so-impressed prosecutor did not present any witness
against him bec. the petitioner is well-versed with the major
portion of the history of the Phils.
-The TC granted the petition (August 199_);
-The State, through the OSG, appealed contending that the
petitioner:
1. failed to state all the names by which he is or had been
known;
2. failed to state all the places of his former places of
residence in violation of CA No. 473 Sec.7
3. failed to conduct himself in a proper and irreproachable
manner during his entire stay in the Phils. in violation of Sec.2
4. has no known lucrative trade or occupation and his previous
incomes have been insufficient or misdeclared, also in
contravention of Sec 2;
5. failed to support his petition with the appropriate
documentary evidence.
-On Nov. 1996, CA reversed the decision of TC.
-It ruled that due to the importance of naturalization cases, the
State is not precluded from raising questions not presented in
the LC and brought up for the first time on appeal.
ISSUE: Whether or not the documents annexed by the state in
its appellants brief without having been presented and
formally offered as evidence under Rule 132 of the Revised
Rules on Evidence justified the reversal of the TCs decision.