Agpalo Construction Notes Cases and Legal Maxims

STATUTORY
CONSTRUCTION
Agpalo 2009, San Beda College of Law

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CHAPTER 1 & 2
FOCUS/DOCTRINES:
1.
2.
3.
spirit/essence/intent of legislature/law
Judicial decisions part of the judicial system and has force of law
Stare decisis when SC has once laid down a principle of law, it will adhere to that principle and apply it
to future case where facts are the same
4. Legis interpratio legis vim obtinet interpretation of SC of a statute acquires the force of law
5. Tests of constitutionality/validity of laws/statutes
6. Orthodox (retroactive) and Modern (prospective) views
7. Court may not construe when statute is clear (only when ambiguous)
8. Court may not enlarge nor restrict statutes
9. Mistake in printing of a bill: remedy is by amendment enacting a curative legislation, not by judicial decree
10. Journal - constitutional (discrepancy between enrolled bill and journal, enrolled bill prevails and conclusive
upon courts)
CASES:
1. CASCO vs GIMENEZ
urea formaldehyde not urea AND formaldehyde
Casco wants to be exempted from margin fees
SC: view of some members of legislature does not represent entirety of the Senate
Enrolled bill prevails and conclusive upon courts
If there is mistake in printing, remedy is by amendment or curative legislation not judicial decree
2. ASTORGA vs VILLEGAS
Wrong version of bill was signed by President
Senate President and President withdrew their signatures
Vice-Mayor still wanted to comply with the erroneous bill
Respondent Mayor: bill never became a law and was invalid because it was not the bill actually passed
by Senate; journals should be consulted
SC: verified the journals and declared that the bill was not duly enacted and therefore did not become
law.
To hold that the erroneous bill has become law would be to sacrifice truth to fiction and bring about
mischievous consequences not intended by the law-making body
3. FLORES vs COMELEC
Election case on barangay level
Question on constitutionality of law on law on giving appellate jurisdiction to RTC in barangay election
cases decided by RTC
COMELEC refused petitioners appeal from RTC decision because law states that appellate decision of
RTC is final and non-appealable
SC: COMELEC should not be deprived of their appellate jurisdiction over election cases, even barangay
elections. Decisions of MTC must be directly appealed to COMELEC, not to the RTC.
Sec. 8 incumbent elective officials running for the same office shall not be considered resigned upon
filing of their certificates of candidacy, they shall continue to hold office until their successors have
been elected and qualified
Petitioner contends that regulation is inofficious because the prescribed forfeiture is not authorized by
statute itself and beyond intentions of legislature
SC: ruled in the negative. Sec. 8 refers to incumbent elected officials that are not considered resigned
as long as they were running for the same position. The purpose of the resolution was merely to
implement this intention, which was applicable as well to the punong barangay.
4. LIBANAN vs HRET
Election case
Ballots were not signed at the back by chairman of the Board of Election Inspectors
Were the ballots spurious and invalid?
SC: not spurious, RA 7166 Sec 24 only renders the BEI accountable to the offense. According to law,
such offense will not invalidate the ballot.
Courts may not enlarge the scope of the statute n guise of interpretation
If the words in the statute are clear and not ambiguous, there should be no room for construction
6. PITC vs COA
COA auditor disallowed car plan benefits of incumbent government employees when RA 6758 was
passed
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5. PEOPLE vs JABINAL
Illegal possession of firearms
No license/PTC
Because he was appointed as secret agent from Governor of Batangas
He was arraigned while the Macarandang doctrine was prevailing (committed the offense at this time),
but the decision was promulgated when the Mapa doctrine was in place
Insisted on the ruling on People vs Macarandang wherein a peace officer was exempted from issuance
of a license of firearms included a secret agent hired by governor not on ruling on People vs Mapa
wherein the it abandoned the doctrine of Macarandang
SC: acquitted him on the basis of stare decsisi doctrine and retroactivity doctrine
legis interpretatio legis vim obtinet
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SC: legislative intent is to protect incumbents who are receiving salaries and/or allowances over and
above those authorized by Republic Act 6758 by allowing them to continue to receive the same even
after Republic Act 6758 took effect.
In reserving the benefit to incumbents, the legislature has manifested its intent to gradually phase out
this privilege without upsetting the policy of non-diminution of pay and consistent with the rule that
laws should only be applied prospectively in the spirit of fairness and justice
CHAPTER 3
FOCUS/DOCTRINES:
1.
2.
If not within legislative intent, do not resort to aids of construction

Aids to Construction (intrinsic printed page and extrinsic extraneous facts and circumstances outside
printed page)
3. If statute is ambiguous, its preamble can be resorted to clarify ambiguity
4. Punctuation marks can be resorted to as well (semi-colon: separation in relation of thought; comma and
semi-colon: not used to introduce new idea but to divide sentences. Semi-colon use: division more
pronounced) but are aids of low degree and can never control against intelligible meaning of written words.
Argument based on punctuation is not persuasive.
5. Headnotes or Epigraphs are secondary aids. They are prefixed to sections or chapters of a statute for
ready reference or classification. Mere reference aids indicating the general nature of the text that follows.
6. Lingual Text. English shall govern. In cases of ambiguity, Spanish text may be consulted to explain English
text.
7. Intent or Spirit of the Law. The law itself. Controlling factor.
8. Prior laws. Antecedents of statutes involved. Applicable to interpretation of codes, revised, complied
statutes
9. Legislative History. History of statute. Refers to all its antecedents from its inception until its enactment
into law
10. Adopted Statutes. Foreign statutes adopted in this country or from local laws are patterned from parts of
the legislative history of the latter
11. Principles of Common Law. Some imported in our jurisdiction, similar to those of the US. Has limitation
on rule that decisions of courts in another country are of great weight
12. Construction is rejected when it defeats legislative intent or spirit
CASES:
1. PEOPLE vs ECHAVES
Whether or not PD 772, which penalizes squatting and similar acts applies to agricultural lands
SC: PD 772 does not apply to pasture lands because its preamble shows that it was intended to apply
to squatting in urban communities or more particularly to illegal constructions in squatter areas made
by well-to-do individuals
2. US vs HART
Respondent punished under Act No. 519 which penalizes every person found loitering about saloons or
dram shops or gambling houses, or tramping or straying through the country without visible means of
support.
The said portion of law is divided into two parts, separated by a comma, separating those caught in
gambling houses and those straying through the country without means of support.
Hart had visible means of support
They were charged with the first part (those caught in gambling houses - ONLY even though he had
visible means of support, this was disregarded)
They persisted that without visible means of support was in connection to the second part of said
portion of the Act
SC: The construction of a statute should be based upon something more substantial than mere
punctuation
Court will not hesitate to change the punctuation to give the act the effect intended by the legislature
Defendant has visible means of support and that the absence of such was necessary for the
conviction for gambling and loitering in saloons and gambling houses, he was acquitted.
4.
PEOPLE VS MANGULABNAN
robbery with accidental homicide case
Mangulabnan and company were intruders in a house and one of his companions accidentally shot the
victim hiding in the ceiling
Article 294, No. 1, of the Revised Penal Code, which defines the special, single and indivisible crime of
robbery with homicide only punishes any person guilty of robbery with the use of violence against or
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3. CENTRAL BANK EMPLOYEES vs BSP

In the case at bar, it is clear in the legislative deliberations that the exemption of officers (SG 20 and
above) from the SSL was intended to address the BSPs lack of competitiveness in terms of attracting
competent officers and executivesit was not intended to discriminate against the rank-and-file, and
the resulting discrimination or distinction has a rational basis and is not palpably, purely, and entirely
arbitrary in the legislative sense.
Congress is allowed a wide leeway in providing for a valid classification. The equal protection clause is
not infringed by legislation which applies only to those persons falling within a specified class. If the
groupings are characterized by substantial distinctions that make real differences, one class may be
treated and regulated differently from another.
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intimidation of any person, with the penalty of reclusion perpetua when by reason or on occasion of the
robbery, the crime of homicide shall have been committed, but this English version of the Code is a
poor translation of the prevailing Spanish text of said paragraph
Spanish text which states that robbery with homicide is a criminal act even if homicide is a mere
accident even though the RPC conveys the meaning that homicide should be intentionally committed
Con la pena de reclusion perpetua a muerte, cuando con motivo o con ocasion del robo resultare
homicidio (SPANISH TEXT)
In robbery with homicide, it is enough that a homicide would result by reason or on the occasion of the
robbery. It is immaterial that the death would supervene by mere accident, provided that the homicide
be produced by reason or on occasion of the robbery, inasmuch as it is only the result obtained ,
without reference or distinction as to the circumstances, causes, modes or persons intervening in the
commission of the crime.
5. PEOPLE vs MANANTAN
Manantan was charged with a violation of Section 54 of the Revised Election Code
defendants plea of not guilty As justice of the peace, the defendant is not one of the officers
enumerated in Section 54 of the Revised Election Code
contended that the omission of the phrase justice of peace expressed the intent of the legislative that
he is not included in the provision
SC: Denied the contention. The word judge (in the said provision), includes justice of peace.
A review of the history of the Revised Election Code will help justify and clarify above conclusion
6. ARTATES vs URBI
A homestead should not be used as payment for debt contracted
Said sale of the homestead should be considered void
SC: declared the spouses Artates to be entitled to the return and possession of the subject land without
prejudice to their continuing obligation to pay the judgment debt, and expenses connected therewith
SC: Considering the protective policy of the law, the Philippines public land laws, being copied from
American legislation, resort to American precedents (foreign statute) which held that the
exemption from "debts contracted" by a homesteader include freedom from money liabilities, from
torts or crimes committed by him, such as from bigamy or slander, breach of contract or other torts.
7. AZNAR vs YAPDIANGCO
Case of sale of a car to an unsuspecting third party through fraud by the original perpetrator
common law principle contended by Aznar: where one of two innocent persons must suffer a fraud
perpetrated by another, the law imposes the loss upon the party who, by his misplaced confidence, has
enable the fraud to be committed
SC: Common law cannot be applied in this case, which is covered by an express provision of law
The applicable law is Article 559. The rule is to the effect that if the owner has lost a thing, or if he has
been unlawfully deprived of it, he has a right to recover it, not only from its finder, thief or robber, but
also from third persons who may have acquired it in good faith from such finder, thief or robber.
Statutory provision shall prevail over common law
8. PEOPLE vs DEGAMO
Rape case with use of deadly weapon with aggravating circumstances of dwelling and nighttime
Victim became insane
RA 7659 expressly provides that when by reason or on the occasion of the rape, the victim has become
insane, the penalty shall be death.
But there is no ruling yet whether temporary insanity by reason of rape (when the victim responded to
psychiatric treatment as in the present case) still falls within the purview of the same provision
doctrine in statutory construction that it is the duty of the court in construing a law to determine
legislative intention from its language
RA 263235 is the first law that introduced the qualifying circumstance of insanity by reason or on
occasion of rape, amending Article 335 of the Revised Penal Code. An examination of the deliberation
of the lawmakers in enacting R.A. No. 2632, convinces us that the degree of insanity, whether
permanent or temporary, is not relevant in considering the same as a qualifying circumstance for as
long as the victim has become insane by reason or on occasion of the rape
CHAPTER 4
1. If statute is plain, free from ambiguity, give LITERAL MEANING. (plain meaning rule) Do not attempt
interpretation.
2. Verba legis literal meaning of words in a statute
3. Verba legis non est recedendum words of statute there should be no departure
4. What is not clearly provided in the law cannot be extended to those matters outside its scope
5. Courts must administer law as they find it without regard to consequences
6. What is within the spirit is within the law (intent over letter)
7. If there are two statutory interpretations, the one that better serve the purpose of law must prevail
8. Cessante ratione legis, cessat et ipsa lex: when reason of law ceases, law itself ceases
9. Interpretation is to be adopted which is free from evil or injustice
10. Legislature intended right and justice to prevail (Article 10 Civil Code)
11. Statutes construed in the light of the purposes to be achieved and the evil sought to be remedied
12. A statute ought never to be construed to violate the law of nations if any other possible construction
remains
13. Doctrine of Necessary Implication: what is implied is as much a part thereof as that which is expressed
(anything implied is expressed)
14. Remedy implied from a right: Where there is a right, there is a remedy for violation thereof (where there is
a wrong *deprivation of right*, there is a remedy)
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FOCUS/DOCTRINES:
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15. No man can file claim upon his own wrongdoing or inequity (come to court with clean hands)
CASES:
1. NFL vs NLRC
Employees claiming separation pay
Employer may also terminate employment of an employee
may is directory in nature and generally permissive
If we depart from meaning expressed by statute, it is legislating, not interpreting
2. KING vs HERNAEZ
Anti-Dummy Law
May an alien be employed in a retail establishment (which is non-technical)?
SC: No. Anti-Dummy Law prohibits aliens from intervening in the management, operation,
administration and control thereof
When law prohibits, one must comply
3. COMMENDADOR vs DE VILLA
When reason of law ceases (purpose), the law itself ceases
1989 coup d etat failed attempt
Invoked peremptorily challenge
Invocation denied thus appeal
PD 39: withdrew the right to peremptorily challenge members of military tribunal (Martial Law reason
for existence of PD 39)
PD 2045: made PD 39 inoperative when martial law was lifted
When Martial Law was terminated, the reason for PD 39, it in itself ceased as well
SC: Right to peremptorily challenge of petitioners were allowed
4. AMATAN vs AUJERO
Homicide case
Criminal Procedure: an accused may plead to downgrade a penalty (plea bargaining agreement)
Respondent Judge downgraded case to attempted homicide (even if victim was DEAD) because the
offender pleaded guilty to homicide
If a law is silent or ambiguous, judges must invoke a solution responsive to conscience (avoid
injustice)
In case of doubt, the intent is to promote right and justice
Judge guilty of gross ignorance of the law
5. URSUA vs CA
Petitioner wrote the name of the messenger in the Office of the Ombudsman to claim a document
which of course, is not his true name
Anti-Alias Law charged
Anti-Alias Law: prevent confusion and fraud in business transactions
SC: It was not a violation of the law (it was done only once), it is not prohibited by law, otherwise,
injustice, absurdity and contradiction will result
Statute must be construed with reference to intended scope and purpose
6. CO KIM CHAM vs VALDEZ TAN KEH
processes referred to Douglas MacArthur does not include judicial processes because public
hardship is at stand
Criminals freed, vested right impaired
It can be presumed that it could not and it could not have been MacArthurs intent to refer to judicial
processes when he said PROCESSES OF ANY OTHER GOVERNMENT in violation of relevant principles
of international law
processes refer to other governmental processes other than judicial or courts proceedings
A statute ought never to be construed to violate the law of nations if any other possible construction
remains
7. SALVACION vs BSP
Rape case
To satisfy courts judgment, garnishment from offenders (foreigner depositor) bank was ordered to pay
the fees required but bank refused invoking Circular 960
foreign currency deposits shall be exempt from attachment, garnishment or any process of court
SC: apply principles of right and justice to prevail over strict and literal words of statute
Article 10 of Civil Code: In case of doubt as to the interpretation and application of laws, it is
presumed that the lawmaking body intended right and justice to prevail
9. MATABUENA VS CERVANTES
Donation of property to a live-in partner during cohabitation period
Parties married until the one who donated died
Sister of deceased sought for nullification of donation
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8. FELIPE VS LEUTERIO
Mathematical mistake (error) in an oratorical contest
SC: Error is not wrong
Error and wrong do not mean the same thing
"Wrong" as used in the legal principle that where there is a wrong there is a remedy, is the deprivation
or violation of a right.
SC: Courts have no power, on the ground of error in such case
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every donation between the spouses during marriage shall be void

SC: The prohibition of law applies to donations between live-in partners as well because it is what is
within the spirit of the law
To prevent undue influence and improper pressure being exerted by one spouse on the other
10. ROMUALDEZ vs SANDIGANBAYAN

Petitioner intervened directly and indirectly in a contract between a government-controlled and
private-owned corporation thus accused with violation of the Anti-Graft Law
Claimed that the phrase in the aid law to intervene is vague
SC: the word can be easily understood through simple statutory construction
Words should be construed in their plain and simple (ordinary and usual) meaning
intervene means to come between
The absence of a statutory definition of a term in a statute will not render the law void for vagueness
if the meaning can be determined through the judicial function of construction
CHAPTER 5
FOCUS/DOCTRINES:
1.
Words or phrases may have an ordinary, generic, restricted, technical, legal, commercial or trade meaning
which may be defined by the statute itself or have received a judicial construction.
2. The general rule is that words should be given their plain, ordinary, and common usage meaning
3. Statutory definition: statutes sometimes define particular words and phrases (legislative definition controls
the meaning of the word)
4. A general word should not be given a restricted meaning where no restriction is indicated (general meaning
must prevail over restricted meaning if both exists in a statute)
5. Generalia verba sunt generaliter intellegenda (what is generally spoken shall be generally
understood)
6. Generale dictum generaliter est (a general statement is understood in a general sense)
7. Ubi lex non distinguit nec nos dintinguire debemos (where the law does not distinguish, courts
should not distinguish)
8. Noscitur a sociis (where the law does not define a word, it will be construed as having a meaning similar
to that of words associated or accompanied by it)
9. Ejusdem generis (while general words are accorded their generic sense, they will not be given such
meaning if they are used in association with specific words; general and unlimited terms are restrained and
limited by the particular terms they follow in the statute)
10. Expressio unius est exclusio alterius (express mention of one person, thing or consequence implies the
exclusion of all the others)
CASES:
1. PEOPLE vs SANTIAGO
Accused of besmirching the name of the Mayor with malicious intent
Contended it was only oral defamation
Amplifier was used by defendant in the act
Amplifier vs Radio
Amplifier: uses a conducting wire intervening between the transmitter and receiver
Radio: involves transmission of electromagnetic waves without wires. Cannot be interpreted to include
amplifier
2. RAMIREZ vs CA
Private respondent insulted and humiliated petitioner
Presented in verbatim transcript of the event to court because she recorded said conversation
Private respondent filed criminal case against petitioner for violating Anti Wiretapping Act
Petitioner contended she was exempted since she was a party to the conversation
Law clearly provided any person not authorized by all parties to any private communication is liable
Law did not distinguish (exempted) whether the party sought o be penalized ought to be party other
than or different from those involved in the private communication
3. PILAR vs COMELEC
RA 7166: every candidate shall within 30 days after the day of the election file true and itemized
statement of all contributions and expenditures in connection with the election
Law did not distinguish between a candidate who pushed through and one who withdrew it
every candidate refers to one who pursued and even to those who withdrew his candidacy
5. VERA vs CUEVAS
Petitioner ordered the withdrawal; of private respondents filled milk products from the market which do
not bear inscription required by Tax Code
all milk should be understood within the meaning of skimmed milk since headnote (skimmed milk)
and the text (condensed skimmed milk)talk about this.
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4. CARANDANG vs SANTIAGO
Petitioner survived attack of respondent thus was charged with frustrated homicide
Petitioner filed civil case to recover damages
Respondent argued that frustrated homicide was not included as basis for a civil case under Article 33
Term physical injuries means any bodily injury
It should not be construed as a specific crime falling under RPC other words associating it fraud and
defamation do not have specific definition and provisions in the RPC
Noscitur a sociis (associated words)
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Tax Code does not apply to filled milk

Ejusdem generis
6. MUTUC vs COMELEC
Act makes unlawful the distribution of electoral propaganda gadgets, pens, lighters, fans, flashlights,
athletic goods, materials and the like.
and the like does not embrace taped jingles for campaign purposes
Ejusdem generis
7. EB
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VILLAROSA vs BENITO
Summons for a case of breach of contract was served upon the defendant through its branch manager
Defendant moved to dismiss the case on ground of improper submission of summons
Rules of Court amended by Rules of Civil Procedure saying that only a general manager, corporate
secretary, treasurer may be summoned
Does not include branch manager
Expressio unius est exclusio alterius
8. CAGAYAN VALLEY ENTERPRISES vs CA

other lawful beverages: does it include liquor?
The title of the act An Act to regulate the use of stamped or marked bottles, boxes, caska, kegs,
barrels, and other similar containers shows intent to give protection to all marked bottles of lawful
beverages even liquor which although regulated, is not prohibited (unlawful)
9. US vs SANTO NINO
Ejusdem generis cannot be used because the intent is clear on prohibition of carrying concealed and
deadly weapons (limitations)
Ejusdem generis can be used only in determining legislative intent
Deadly weapons include an unlicensed revolver (proviso)
CHAPTER 6
FOCUS/DOCTRINES:
1. Injustum est, nisi tota lege inspecta, de una aliqua ejus particula proposita indicare vel
respondere (It is unjust to decide or to respond as to any particular part of a law without examining the
whole of the law)
2. Nemo enim aliquam partem recte intelligere possit antequam totum interim atque interim
perlegit (The sense and meaning of the law is collected by viewing all the parts together as one whole and
not of one part only by itself)
3. Do not interpret a statute independent from the Constitution, construe the statute in harmony with the
fundamental law
4. General and Special Statutes
5. If there are two Acts which contain one general and one special: if it produces conflict, the special law
shall prevail since the legislative intent is more clear thus it must be taken as intended to
constitute an exception
6. Statute is passed as a whole. It should have one purpose and intent; construe its parts and sections in
connection with other parts. Do not isolate or detach the parts. Construing a statute as a whole
includes reconciling and harmonizing conflicting provisions
7. Pari Materia refers to any of the following (1) same person or thing (2) same purpose of object (3) same
specific subject matter
8. Construe statutes in pari materia together to attain the purpose of an express national policy
9. Interpretare et concordare leges legibus est optimus intrepretandi modus every statute must be
so construed and harmonized with other statutes as to form a uniform system of jurisprudence (construe it
as a whole; construe it in harmony with other existing laws)
10. It is presumed that the legislature took into account prior laws when they enacted the new
one. Later statutes are supplementary to the earlier enactments
11. Earlier law should give way to the later law because it is the current or later expression of
the legislative will
12. Optima Statuti Interpreatio est ipsum statutum the best interpreter of a statute is the statute itself
1. GAANAN vs IAC
Atty. Pintor called Laconico to discuss terms of withdrawal of his complaint for direct assault against
Laconico
Laconico called appellant Gaanan to come to his office and advise him on the settlement of the case
When complainant Pintor called up, Laconico requested Gaanan to secretly listen to the telephone call
through the extension phone
ISSUE: WON an extension telephone is one of the prohibited devices covered by Sec 1 of RA 4200
SC ruled that telephone party lines were intentionally deleted from the provisions of the Act therefore it
cannot be placed in the same category as the devices enumerated in Sec 1 of RA 4200
To determine true intent of law, particular clauses and phrases of the statute should not be taken as
detached and isolated expressions, but the whole and every part must be considered in fixing
the meaning of any of its parts.
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CASES:
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Injustum est, nisi tota lege inspecta, de una aliqua ejus particula proposita indicare vel
respondere (It is unjust to decide or to respond as to any particular part of a law without examining
the whole of the law)
Nemo enim aliquam partem recte intelligere possit antequam totum interim atque interim
perlegit (The sense and meaning of the law is collected by viewing all the parts together as one whole
and not of one part only by itself)
2. TANADA vs TUVERA
Statute construed in harmony with the Constitution
Do not interpret a statute independent from the Constitution
Civil Code Art. 2 clause unless otherwise provided refers to the date of effectivity and not to the
requirement of publication per se, which cannot in any event be omitted.
3. BAGATSING vs RAMIREZ
Publication of ordinance enacted by the Municipal Board of Manila
ISSUE: Revised City Charter (speaks of ordinance in general) vs Local Tax Code (relates to
ordinances levying or imposing taxes, fees or other charges in particular)
Special law vs general law: special law is to be considered an exception to the general
The Local tax Code therefore controls since it is a special law
4. CITY OF MANILA vs COA
Teotico fell into an uncovered manhole and sued for damages under Article 2189 of the Civil Code
making the City of Manila (mayor, city engineer, city health officer, city treasurer, chief of police) liable
City of Manila assailed that the charter of Manila states that it shall not be liable since the charter of
Manila is a special law and shall prevail over the Civil code, a general alw
SC held that though the charter is a special law and the Civil Code a general law, the provision of the
Manila Charter exempting it from liability caused by the negligence of its officers is a general law in the
sense that it exempts the city from negligence of its officers in general
Article 2189 of the Civil Code provides a particular prescription making provinces, cities and
municipalities liable for damages caused to a person by reason of defective condition of roads, streets,
etc. Under their control or supervision
7. PRC vs DE GUZMAN
Unusually high scores of successful examinees from Fatima College of Medicine sparked
doubt of the Petitioner therefore refusing to administer oaths and issue registration
certificates
Contended that RA 2382 states that IF EVER THERE IS SOME DOUBT AS TO THE MORAL FITNESS OF
EXAMINEES, THE ISSUANCE OF LICENSE TO PRACTICE MEDICINE IS NOT AUTOMATICALLY GRANTED TO
THE SUCCESSFUL EXAMINEES
Students filed writ of mandamus
Mandamus is a command issuing from a court of competent jurisdiction, in the name of the state or the
sovereign, directed to some inferior court, tribunal, or board, or to some corporation or person requiring
the performance of a particular duty therein specified, which duty results from the official station of the
party to whom the writ is directed, or from operation of law.
CA held that petitioners should allow respondents to take their oaths as physicians and register them,
steps which would enable respondents to practice the medical profession pursuant to Section 20 of the
Medical Act of 1959
Issue: Did the Court of Appeals erred in concluding such
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5. CIVIL SERVICE COMMISSION vs ASENSI

Respondent Nimfa Asensi was ordered dismissed by petitioner Civil Service Commission ("CSC") from
her position as Revenue District Officer of the Bureau of Internal Revenue in Lucena City. Her dismissal
came after an investigation revealed that she had falsified entries in her Personal Data Sheet (PDS)
relative to her educational background.1 Aggrieved, respondent filed a petition for certiorari with the
Court of Appeals, assailing the CSC Resolution ordering her dismissal.
6. TEVES vs SANDIGANBAYAN
Teves, then Mayor of Valencia, Negros Oriental was charged of a crime of conspiring and
confederating with his wife, criminally cause the issuance of the appropriate business
permit/license to operate the Valencia Cockpit and Recreation Center
Two possible punishments for the crime
Section 3 of the Anti-Graft Law is a general provision, it being applicable to all prohibited interests;
while Section 89 of the LGC of 1991 is a special provision, as it specifically treats of interest in a
cockpit. Notably, the two statutes provide for different penalties.
It is a rule of statutory construction that where one statute deals with a subject in general terms, and
another deals with a part of the same subject in a more detailed way, the two should be harmonized if
possible; but if there is any conflict, the latter shall prevail regardless of whether it was passed prior to
the general statute. Or where two statutes are of contrary tenor or of different dates but are of equal
theoretical application to a particular case, the one designed therefore specially should prevail over the
other.
Conformably with these rules, the LGC of 1991, which specifically prohibits local officials from
possessing pecuniary interest in a cockpit licensed by the local government unit and which, in itself,
prescribes the punishment for violation thereof, is paramount to the Anti-Graft Law, which penalizes
possession of prohibited interest in a general manner. Moreover, the latter took effect on 17 August
1960, while the former became effective on 1 January 1991. Being the earlier statute, the AntiGraft Law has to yield to the LGC of 1991, which is the later expression of legislative will.
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SC: CA relied on a single provision (Sec 20 of RA 2382) in concluding that the petitioners had the
ministerial obligation to administer the Hippocratic Oath to respondents and register them as
physicians.
it is a basic rule in statutory construction that each part of a statute should be construed in connection
with every other part to produce a harmonious whole, not confining construction to only one section.
The intent or meaning of the statute should be ascertained from the statute taken as a whole, not from
an isolated part of the provision.
Sec 20 of RA 2382, should be read in conjunction with the other provisions of the Act.
A careful reading of Section 20 of the Medical Act of 1959 discloses that the law uses the word shall
with respect to the issuance of certificates of registration. Thus, the petitioners shall sign and issue
certificates of registration to those who have satisfactorily complied with the requirements of the
Board. In statutory construction the term shall is a word of command. It is given imperative
meaning. Thus, when an examinee satisfies the requirements for the grant of his physicians license,
the Board is obliged to administer to him his oath and register him as a physician, pursuant to Section
20 and par. (1) of Section 22 of the Medical Act of 1959.
However, the surrounding circumstances in this case call for serious inquiry concerning the satisfactory
compliance with the Board requirements by the respondents. The unusually high scores in the two
most difficult subjects was phenomenal, according to Fr. Nebres, the consultant of PRC on the matter,
and raised grave doubts about the integrity, if not validity, of the tests. These doubts have to be
appropriately resolved.
Under the second paragraph of Section 22, the Board is vested with the power to conduct
administrative investigations and disapprove applications for examination or registration, pursuant to
the objectives of Rep. Act No. 2382 as outlined in Section 1 thereof. In this case, after the investigation,
the Board filed before the PRC, Adm. Case No. 1687 against the respondents to ascertain their moral
and mental fitness to practice medicine, as required by Section 9 of Rep. Act No. 2382.
NATIONAL TOBACCO vs COA

RA 6758: First Sentence vs Second Sentence
Proper interpretation of RA 6758 depends on the combination of the first and second paragraph
Construe as a whole by reconciling and harmonizing conflicting provisions
9. JMM PROMOTIONS AND MANAGEMENT vs NLRC

Petitioner failed to post the required appeal bond in accordance with Art. 223 of the Labor Code and
Rule 6 Section 6 of the new rules of procedure of the NLRC
Art. 223 and Sec 6 had conflicting provisions
Issue: WON petitioner is required to post an appeal bond
SC: Yes. The rules state that an amount is required to perfect an appeal from a decision provided.
Inconsistent provisions should be reconciled as parts of a harmonious whole.
10. TAN CO vs CIVIL REGISTER OF MANILA
Issue: Whether or not Tan Co are Filipino citizens on the account of the naturalization of their father
Father who is a Chinese citizen wanted to change entries in the birth certificate of the children but was
denied under pari materia rule
CA 473 and LOI 270 are statues relating to the same subject matter but they do not provide the same
beneficial effects with respect to the minor children of the applicant
CHAPTER 7
1. Determine (a) nature of statute (b) purpose to be subserved (c) mischief to be remedied in strict or liberal
construction.
2. The statute must be interpreted according to legislative intent and the end desired.
3. Strict Construction: (a) according to letter of the statute (b) recognizes nothing that is not expressed (c)
takes language used in its exact meaning (d) admits no equitable consideration (e) scope of statute not
enlarged/extended by implication, intendment or equitable consideration beyond the literal meaning of
terms
4. Strict construction is a close and conservative adherence to the literal or textual interpretation and the
antithesis of liberal construction
5. Liberal Construction: (a) equitable consideration will enlarge the letter of statute to accomplish intended
purpose, carry out its intent or promote justice (b) words should receive a fair and reasonable interpretation
so as to attain intent, spirit, purpose of the law
6. Liberal construction will not enlarge a provision which is clear, unambiguous and free from doubt
7. Liberal construction: where a statute is ambiguous, the literal meaning of words may be rejected if the
result of adopting said meaning would defeat the purpose of the law
8. Ut res magis valeat quam pereat construction is to be sought which gives effect to the whole of the
statute (its every word)
9. Social Justice must be taken into account in the interpretation and application of laws.
10. Construe to attain the general welfare.
11. Salus populi est suprema lex the voice of the people is the supreme law
12. Statuta pro public commodo late interpretantur statutes enacted for the public good are to be
construed liberally
13. Penal Statutes are strictly construed against the State and liberally construed in favor of the
accused.
14. No person should be brought within its terms if he is not clearly made so by the statute.
15. Laws granting tax exemptions are thus construed strictissimi juris against the taxpayer and
liberally in favor of the taxing authority.
16. General Welfare Legislation: construed liberally.
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17. General Welfare Legislation is to implement the social justice and protection-to-labor provisions of the
Constitution, therefore doubts must be resolved in favor of the persons whom the law intended to benefit.
Includes (a) labor laws, (b) tenancy laws, (c) land reform laws, (d) social security laws
18. General Welfare Clause: construed liberally in favor of the local government unit to give more
powers to LGUS in promoting the economic condition, social welfare and material progress of
the locality
CASES:
1. LUNG CENTER OF THE PHILIPPINES vs QUEZON CITY
lot owned by the petitioner and its hospital building constructed thereon are subject to assessment for
purposes of real property tax
ISSUE: Whether the real properties of petitioner are exempt from real property taxes
Portions of its real property that are leased to private entities are not exempt from real property taxes
as these are not actually, directly, and exclusively used for charitable purposes.
The settled rule in this jurisdiction is that laws granting exemption from tax are construed
strictissimi juris against the taxpayer and liberally in favor of the taxing power. Taxation is the rule
and exemption is the exception.
Claim for exemption from tax payments must be clearly shown and based on language in the law too
plain to be mistaken.
Expressio unius est exclusion alterius - It is a settled rule of statutory construction that the express
mention of one person, thing, or consequence implies the exclusion of all other.
Under the 1973 and 1987 Constitution, in order to be entitled to the exemption, the petitioner is
burdened to prove, by clear and unequivocal proof that a) it is a charitable institution, and b) its real
properties are actually, directly, and exclusively used for charitable purposes.
Petitioner failed to discharge its burden to prove that the entirety of its real property is actually,
directly, and exclusively used for charitable purposes.
Portions of the land leased to private entities as well as those parts of the hospitals leased to private
individuals are not exempt. On the other hand, the portions of the land occupied by the hospital and
portions of the hospital used for its patients, whether paying or non-paying, are exempt from real
property taxes.
2. CALALANG vs WILLIAMS
Closing of Rosario Street and Rizal Avenue to traffic of animal-drawn vehicles
Do the rules and regulations of the road closure promote social justice?
Yes. The promotion of social justice is to be adhered not through a mistaken sympathy towards any
given group.
Salus populi est suprema lex
The authority conferred upon them and under which they promulgated the rules and regula tions
complained of is not to determine what public policy demands but merely to carry out the legislative
policy laid down by the National Assembly in said Act.
to promote safe transit upon and avoid obstructions on, roads and streets designated as
national roads by acts of the National Assembly or by executive orders of the President of the
Philippines and to close them temporarily to any or all classes of traffic whenever the condition of the
road or the traffic makes such action necessary or advisable in the public convenience and interest.
3. AISPORNA vs CA
Wife of an insurance agent accused of acting as an agent in soliciting insurance without license
violating Section 189 of the Insurance Act
Her defense is that she is her husbands clerk, thus she did her job of helping him at the time he was
absent
She merely issued a renewal of the policy issued to Isidro, a client
Section 189 Par 1 prohibits a person from acting as agent in the solicitation for insurance without a
certificate of authority; Par 2 defines who is an insurance agent; Par 3 prescribes the penalty for the
violation thereof
Noscitur A Sociis legislative intent must be ascertained from a consideration of the statute as a
whole
Ut res magis valeat quam pereat
SC: an insurance agent is one who sells insurance in return for solicitation (Sec 189 Par 2) and it was
not proven that Aisporna received compensation for the insurance she was alleged to have sold
5. PEOPLE vs SULTAN
Victim abducted by appellant, brought her to his house, divested of her belongings and raped several
times. He was convicted of robbery with homicide.
ISSUE: WON multiple rape can be considered as aggravating circumstance
SC: No. There is no law providing for additional rape/s to be considered as an aggravating
circumstance. Penalty only of reclusion perpetua with no aggravating circumstance of additional rape.
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4. PEOPLE vs LADJAALAM
Direct Assault with Multiple Attempted Homicide against policemen about to serve a search warrant
Accused fired an unlicensed M-14 rifle
Charged and convicted for Illegal Possession of Firearm and Ammunition
ISSUE: WON accused should be convicted of Illegal Possession of Firearm in the stated circumstances
SC: No. RA 8294 shows that if an unlicensed firearm was used in the commission of a crime, there can
be no separate offense of simple illegal possession of firearms. If the other crime is murder or
homicide, illegal possession becomes an aggravating circumstance only, not a separate offense.
Accused cannot be convicted of two separate offenses of illegal possession of firearms and direct
assault.
Penal laws construed liberally in favor of the accused.
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Must construe the penal law liberally in favor of the accused.

No person should be brought within its terms if he is not clearly made so by the statute.
6. LLADOC vs CIR
Parish priest received donation for the construction of a new Catholic Church
Gift tax against parish priest imposed but questioned
Averred constitutional exemption from taxation of churches
SC: Exemption only refer to property taxes and not from all kinds of taxes
7. ORTIGAS AND CO. Vs FEATI BANK
Petitioner sold lots to Natividad Angeles. The latter transferred her rights in favor of an Emma Chavez
with the stipulation that the use of the lots are exclusive for residential purposes only.
Feati Bank acquired the lots and started construction of a building to be devoted for banking purposes.
Petitioner demanded construction to stop but Feati Bank contended that it was following the zoning
regulations of Municipal Resolution 27 declaring the area to be a commercial and industrial zone.
ISSUE: Should Municipal Resolution 27 prevail over the contract stipulations?
SC: Yes. Local Autonomy Act empowers a municipal council to adopt zoning and subdivision ordinances
or regulations for the Municipality.
General Welfare Clause: construed liberally in favor of the local government unit to give
more powers to LGUS in promoting the economic condition, social welfare and material
progress of the locality
Resolution 27 is in exercise of police power to safeguard health, safety, peace and order and the
general welfare of the people in the locality as it would not be a conducive residential area considering
the traffic, pollution and noise in the surrounding industrial and commercial establishments.
CHAPTER 8
FOCUS/DOCTRINES
1. Mandatory Statutes commands positively (something must be done) and negatively (something must
not be done) and requires obedience, otherwise void.
2. Directory Statutes permissive or discretionary in nature; purpose can be accomplished in a manner
other than that prescribed and will yield same results
3. It is possible that a statute is mandatory in form but directory in nature.
4. Generally mandatory command words (a) shall/shall not, (b) must/must not (c) ought/ought not (d)
should/should not (e) can/cannot
5. Generally directory permissive words (a) may/may not
6. SHALL and MUST mandatory in nature but still depends upon consideration of the entire
provision (nature, object and consequences)
7. In statutes conferring power, they are generally mandatory although couched in permissive form.
8. Power is given for the benefit of third persons not for the benefit of the public official, to
prevent failure of justice, they are granted to meet the demands of rights. It is a remedy to those
entitled to invoke its aid.
9. Statutes prescribing time to take action or to appeal are generally mandatory. It is of strict and not
substantial compliance. It is held as absolutely indispensable to prevent needless delays and to
the orderly and speedy discharge of judicial functions.
CASES:
1. LOYOLA GRAND VILLA HOMEOWNERS ASSOCIATION INC. vs CA
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Homeowners Association (South Association) duly registered in HIGC as sole homeowners

organization but failed to file corporate by-laws
Corporation Code requires passage of by-laws MUST within one month after receipt of official
notice of the issuance of its certificate of incorporation with the SEC, adopt a code of by-laws
HIGS rendered the association dissolved because of the non-submission therefore the North
Association registered but the South Association complained and got a favorable result later on
North Associations registration cancelled hence the petition for certiorari
ISSUE: WON the failure of a corporation to file its by-laws results in automatic dissolution
SC: No. Legislative intent is not so. The word MUST is not always imperative but may be
consistent with an exercise of discretion. Language of a statute must be considered in its
entirety to ascertain intent of legislature.
PD 902-A pari materia with the Corporation Code providing that no-filing of by-laws does not imply
the demise of the corporation, there should be a notice and hearing prior the cancellation of
registration
Private respondent filed a complaint for forcible entry against petitioners

Summons were served directing petitioners to file an answer within the reglementary period of 10
days
Petitioners filed an urgent motion or extension of time to file an answer but denied it because it is a
prohibited pleading under the Rule of Summary Procedure
MTCC then issued resolving the complaint in favor of herein respondents
ISSUE: WON Sec 6 of the Rule on Summary Procedure is directory or mandatory
SC: It is mandatory. Sec 6 reads should the defendant fail to answer the complaint within the period
above provided, the Court motu proprio, or on motion of the plaintiff, shall render judgment as may
be warranted by the facts alleged in the complaint and limited to what is prayed therein
An answer filed out of time will not be accepted and the reglementary period is not extendible.
Otherwise, it would defeat the purpose of expediting the adjudication of suits. (prevention of needless
delays)
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2. GACHON vs DEVERA
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3. FAR EAST BANK AND TRUST COMPANY vs MARQUEZ

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Marquez bought a townhouse worth 800k from TSE but TSE made a loan with respondent bank and
mortgaged the said property including Marquez lot and later on failed to pay the loan leading to
foreclosure with the respondent bank as highest bidder
Marquez already paid 600k to TSE but only stopped paying because construction of his townhouse
had slackened
Bank ordered to compute and allow Marquez to settle and continue his monthly amortizations for his
townhouse but contended it was an innocent mortgagee
ISSUE: Is the mortgage contract void insofar as third persons are concerned (Sec 18 0f PD 957)
SC: It is void. Sec 18 provides that the buyer may pay his instalment for the lot directly to the
mortgagee who shall pay the payments to the corresponding mortgage indebtness secured by the
particular lot being paid for, with a view enabling said buyer to obtain title over the lot after full
payment thereof
PD 957 intended to protect innocent lot buyers from scheming subdivision developers
As between innocent lot owners and gigantic financial institutions, the law favors the weak as an
instrument of social justice
4. TATAD vs SANDIGANBAYAN
Then Secretary of Public Information Tatad had a report in 1974 filed against him to the PSC
containing charges of alleged violations of RA 3019 (Anti-Graft and Corrupt Practices Act)
It was made to sleep in the office of the PSC until he had a falling out with Marcos that time and he
resigned thereafter
1979: the 1974 complaint was resurrected
1980: complaint referred to CIS for investigation and report
1982: all affidavits and counter-affidavits already in disposition with Tanodbayan
1985: criminal charges filed against Tatad alone in the Sandiganbayan
ISSUE: WON petitioner was deprived of his rights as an accused (due process of law and speedy
disposition of cases filed against him)
SC: Yes his rights were violated. Departing from established procedures prescribed by law for
preliminary investigations which require the submission of affidavit and counter-affidavits, instead the
Tanodbayan referred the case to the PSC for investigation and report, considering that the case came
to life five years after a complaint was made against the accused
PD 911 prescribes a 10-day period for the prosecutor to resolve a case under preliminary
investigation by him from its termination. The period of 10 days prescribed by law is DIRECTORY
but it cannot be disregarded that a delay of close to 3 years (1982-1985) cannot be deemed
reasonable or justifiable
5. BERMUDEZ vs TORRES
Petitioner a recommendee of DOJ Secretary Guingona for position of Provincial Prosecutor but Atyy.
Quiaot was appointed to the position by President Ramos. Quiaoit took his oath and assumed office
but Bermudez refused to vacate the Office of Provincial Prosecutor.
He challenged that Quiaoits appointment was void because it lacks the recommendation of the DOJ
Secretary prescribed under the Revised Administrative Code which states that all provincial and city
prosecutors and their assistants shall be appointed by the President upon the recommendation of
the Secretary
ISSUE: WON the recommendation is necessary (mandatory or directory) to the appointment of
Quiaoit
SC: It is not mandatory. The phrase upon the recommendation of the Secretary is merely an advice
which is persuasive in character and not binding or obligatory upon the party to whom it
is made.
CHAPTER 9
FOCUS/DOCTRINES
Prospective operates upon facts or transactions that occur after the statute takes effect. It looks and
applies to the future
2. Retroactive is a law which creates a new obligation, imposes a new duty or attaches a new disability in
respect to a transaction already past
3. Statutes are to construed as having only prospective operation, unless the intendment of the legislature is
to give them a retroactive effect, expressly declare or necessarily implied from the language used.
4. Lex prospicit, non respicit the law provides for the future, not backward
5. Lex de future, judex de praetirito the law provides for the future, the judge for the past
6. If law is couched in the past tense, it does not necessarily imply that it should have retroactive
effect
7. No substantive statute shall be so construed retroactively as to affect pending litigations
8. Statutes that are retroactive in nature are (a) remedial or curative statutes (b) statutes which
create new rights (c) Statutes that expressly provide that it should be applied retroactively (d)
where it uses words clearly indicating its intent
9. A statute may not be construed and applied retroactively if it impairs substantive right that
has become vested
10. The law has no retroactive effect except in (a) procedural laws (b) curative laws
11. Nova constitutio futuris foram imponere debet non praeteritis A new statute should affect the
future not the past
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12. Leges et constitutions futuris certum est dare fornam negotiis, non ad facta praeterita
revocari, nisi nominatum et de praeterito tempore et adhuc pendentibus negotiis cautum sit
Laws should be construed as prospective, not retrospective, unless they are expressly made applicable to
past transactions and to such as are still pending.
CASES:
1. GREGO vs COMELEC
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One of the respondents was elected as councilor for his 3 rd and final term
Petitioner questions his qualifications because he questions the fact that petitioner was removed from
his position as Deputy Sheriff because of serious misconduct in an administrative case on October
1981.
Sec 40 of the Local Government Code provides for the disqualification of such and petitioner argues
that it must be applied retroactively in this case
ISSUE: WON Sec 40 of the Local Government Code should be applied retroactively
SC: No. Statutes are not be construed as to have a retroactive effect so as to affect pending
proceedings, unless such is expressly declared or clearly implied from the language of the enactment.
Sec 40 does not qualify the date of a candidates removal and that it is couched in the past tense
should not deter the court from applying the law prospectively
Nova constitutio futuris foram imponere debet non praeteritis A new statute should affect the
future not the past
2. SANTOS vs DUATA
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Duata and Aguilar bought a parcel of land. Santos, Gaanan and Aguilar bought the land but for
convenience, the title was issued in Santos name
The daughter of Duata insituted an action for reconveyance of the lot but Santos refused claiming that
the land was sold to her by Aguilar in a private document
ISSUE: WON Santos and Aguilar intended a mortgage or sale with pacto de retro in the private
document
SC: It is a mortgage. Art 1602 of the Civil Code was designed to curtail evils brought about by contracts
of sale with right of repurchase
The said Article is remedial in nature and can be applied retroactively to cases arising prior to the
effectivity of the Civil Code
Leges et constitutions futuris certum est dare fornam negotiis, non ad facta praeterita
revocari, nisi nominatum et de praeterito tempore et adhuc pendentibus negotiis cautum
sit Laws should be construed as prospective, not retrospective, unless they are expressly made
applicable to past transactions and to such as are still pending.
3. BERNABE vs ALEJO
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Late Fiscal Bernabe fathered a son with Carolina Alejo and was named Adrian Bernabe, born in 1981.
Bernabe died in 1993.
Carolina prayed that Adrian be declared as acknowledged illegitimate child
RTC dismissed the claim ruling that under the Family Code, the death of the putative father had barred
the action.
ISSUE: WON the Family Code shall have retroactive effect
SC: Adrian should be allowed to prove that he was the illegitimate child of Fiscal Bernabe and since the
boy was born in 1981, his rights are governed by Article 283 of the Civil Code. Article 285 is a
substantive law as it gives the child the right to file his petition for recognition within 4 years from
attaining the majority age. The Family Code cannot impair the right because it had already
been vested prior to enactment.
Subido, then Commisioner of the Bureau of Immigration and Deportation and Parina, a BID special
agent issued a warrant of arrest against Maksimuk even if the decision for his deportation is not not yet
final and executor thus leading to his detention of 43 days.
Subido and Parina charged of Arbitrary Detention defined and punished by Art 124 of the RPC
Sandiganbayan took over the case but petitioners contended that it has no jurisdiction to try the case
because when it was filed Subido was no longer part of the service and Parina was not occupying a
position corresponding to salary grade 27
ISSUE: WON the Sandiganbayan had jurisdiction over the case
SC: Yes. RA 7975 provides that Sandiganbayan shall exercise original jurisdiction in all cases involving
violations of anti-graft and corrupt practices where one of the principal accused are officials occupying
the following positions in the government, whether in permanent, acting or interim capacity, at the
time of the commission of the crime (not at the time of the filing of the case as claimed by Subido)
Parina, although holding a position lower than salary grade 27, wan prosecuted as a co-conspirator of
Subido, the principal accused and the exemption only applies when none of the principal accused
occupies positions corresponding to salary grade 27, where jurisdiction is vested on the other courts.
They also contend that RA 7975 is likewise curative or remedial statute, which cures defects and adds
to the means of enforcing existing obligations
RA 7975 as regards the Sandiganbayans jurisdiction, mode of appeal, and other procedural matters is
clearly a procedural law (prescribes rules and forms of procedure enforcing rights or obtaining redress
for their invasion, or those which refer to rules of procedure by which courts applying laws of all kinds
can properly administer justice
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4. SUBIDO vs SANDIGANBAYAN
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As a procedural and curative statute, it may be validly given a retroactive effect, there
being no impairment of contractual or vested rights
CHAPTER 10
FOCUS/DOCTRINES:
1. Amendment the change or modification, by deletion, alteration, of a statute which survives in its
amended form. Power to amend belongs to the legislature.
2. Express Amendment vs Amendment by Implication: (1) Express amendment is done by providing in the
amendatory act the specific sections or provisions of a statute to be amended as recited therein or as
commonly indicated to read as follows (2) Amendment by Implication legislative intent to amend a prior
law on the same subject is shown by a statement in the latter act that any provision of law that is
inconsistent therewith is modified accordingly
3. The amendatory act, complete by itself, will be considered as an original or independent act
4. In the absence of a clear inconsistency, every statute should be harmonized with other laws on the same
subject
5. A part of a prior statute embracing the same subject as the later may not be enforced without nullifying the
pertinent provision of the latter in which event, the prior act is deemed amended or modified to the extent
of repugnancy.
6. Amendment takes effect 15 days following its publication in the Official Gazette or newspaper of general
circulation, unless a date is specified therein after such publication.
7. Deliberate selection of language in the amendatory act different from that of the original act indicates that
the legislative intended a change in the law or in its meaning.
8. An amendment will not be construed as having a retroactive effect, unless the contrary is provided or the
legislative intent to give it a retroactive effect is necessarily implied from the language used and no vested
right is impaired
9. Effect of Amendment on Vested Rights: the original act continues to be in force with regard to all rights that
had accrued prior to the amendment. Obligations that were contracted under the prior act and such rights
and obligations will continue to be governed by the law before its amendment. (no retroactive effect)
10. Effect of Amendment on Jurisdiction: Jurisdiction of a court is determined by the law in force at the time the
action is instituted. It remains with the court until the case is finally decided therein.
11. Effect of Nullity of Prior or Amendatory Act: Where a statute which has been amended is invalid, nothing in
effect has been amended.
12. Revision and Codification: done to restate the existing laws into one statute and simplify complicated
provisions, and make laws on the subject easily found
13. What is omitted is deemed repealed. All laws and provisions of the old laws that are omitted in
the revised statute or code are deemed repealed, unless the statute or code provides
otherwise.
14. A codification should be construed as the continuation of the existing statutes.
15. The power to repeal a law is as complete as the power to enact one.
16. Repeal: (1) total revoked completely, (2) partial leaves the unaffected portions of the statute in force,
(3) expressed a particular or specific law, identified by its number or title, is repealed as an express repeal
(4) implied all other repeals
17. Failure to add a specific repealing clause indicates that the intent was not to repeal any existing law, unless
an irreconcilable inconsistency or repugnancy exist in terms of the new and old laws, latter situation is an
implied repeal.
18. Where provisions in the two acts on the same subject matter are in an irreconcilable conflict and the later
act to the extent of the conflict constitutes an implied repeal of the earlier.
19. Legis posteriores priores contraries abrogant. A later law repeals the prior law on the subject which is
repugnant thereto.
20. Implied Repeal by Revision or Codification: Revised statute is in effect a legislative declaration that
whatever is embraced in the new statute shall prevail and whatever is excluded there from
shall be discarded.
21. Where a statute is a reenactment of the whole subject in substitution of the previous laws on
the matter, the latter disappears entirely and what is omitted in the reenacted law is deemed
repealed.
22. All laws or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly
Repealing clause.
23. The presence of such general repealing clause in a later statute clearly indicates the legislative intent to
repeal all prior inconsistent laws on the subject matter whether or not the prior law is a special law.
24. A later general law will ordinarily not repeal a prior special law on the same subject, as the latter is
generally regarded as an exception to the former.
25. As between two laws, one passed later prevails. The later law repeals an earlier one because it
is the later legislative will. The lawmakers knew the older law and intended to change it. In
enacting the older law, the legislators could not have known the newer one and could not have
intended to change what they did not know. The Civil Code provides that laws are repealed
only by subsequent ones, not the other way around.
26. A general law does not repeal a special law, generally.
27. Generalia specialibus non derogant a general law does not nullify a specific or special law.
1. TUNG CHIN HUI vs RODRIGUEZ
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CASES:
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Petitioner is a Taiwanese citizen with a tampered passport earlier cancelled by Taiwanese authorities.
Bureau of Immigration and Deportation then ordered his summary deportation. Petitioner then filed
petition for habeas corpus on the ground that his detention was illegal.
RTC of Manila then granted his petition and ordered his release from custody but BID filed a motion for
reconsideration which was denied, thereafter filing a notice of appeal from RTCs judgment.
Petitioner filed opposition claiming that the notice was filed beyond the 48-hour reglementary period
for filing appeals in habeas corpus cases as prescribed by the pre-1997 Rules of Court. RTC rejected his
claim and granted due course to notice of appeal.
ISSUE: WON the pre-1997 Rules of Court is applicable in this case?
SC: No. Sec. 18 Rule 41 of the pre-1997 Rules of Court which prescribes a 48-hour period was omitted
and thereby repealed by the 1997 Rules of Court, which completely replaced Rules 1-71. Provisions of
an old law that were not reproduced in the revision thereof covering the same subject are deemed
replaced and discarded. The omission showed SCs intention to abrogate those provisions of the old
laws that are not reproduced in the revised statute or code.
Reglementary period for filing an appeal in a habeas corpus case is now similar to ordinary civil action
as governed by Sec 3, Rule 41 of the 1997 Rules of Court which is 15 days from notice of the judgment
or order.
What is omitted is deemed repealed.
Revised statute is in effect a legislative declaration that whatever is embraced in the new
statute shall prevail and whatever is excluded there from shall be discarded.
2. DAVID vs COMELEC
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There are two petitions in the case beginning with Alex David, barangay chairman of Bgy. 77, Zone 7,
Kaloookan and followed by Petitioner Liga ng mga Barangay Quezon City Chapter President Bonifacio
M. Rillon. The Court resolved to consolidate the two cases inasmuch as they raised basically the same
issue.
Contending that their term is five years, petitioners ask to order the cancellation of the scheduled
barangay election this coming May 12, 1997 and to reset it to the second Monday of May, 1999, further
questioning, how long is the term of office of barangay chairmen and other barangay officials who were
elected to their respective offices on the second Monday of May 1994?
RA 7160 (the Local Government Code) provides that it is three years while RA 6679 states that is five
years.
ISSUE: Which should prevail? The Local Government Code (RA 7160) or RA 6679?
SC: A later law repeals an earlier one, therefore RA 6679 is repealed by RA 7160. The Local
Government Code was enacted later than RA 6679. It is basic that in case of an irreconcilable conflict
between two laws of different vintages, the later enactment prevails.
Legis posteriores priores contraries abrogant. A later law repeals an earlier one because it is the
later legislative will. It is to be presumed that the lawmakers knew the older law and intended to
change it.
RA 7160: the term of office of barangay officials was fixed at three (3) years while RA 6679 states that
such "term shall be for five years." The provisions are clearly inconsistent and repugnant with each
other.
In its repealing clause, RA 7160 states that "all general and special laws . . . which are inconsistent with
any of the provisions of this Code are hereby repealed or modified accordingly." There being a clear
repugnance and incompatibility between the two specific provisions, they cannot stand together. When
a subsequent law encompasses entirely the subject matter of the former enactments, the latter is
deemed repealed.
As between two laws, one passed later prevails. The later law repeals an earlier one
because it is the later legislative will. The lawmakers knew the older law and intended to
change it. In enacting the older law, the legislators could not have known the newer one
and could not have intended to change what they did not know. The Civil Code provides
that laws are repealed only by subsequent ones, not the other way around.
The Laguna Lake Development Authority was created by RA 4850 as a government agency for the
Laguna Lakes environmental protection and development. PD 813 was later on created granting the
LLDA special powers which include exclusive jurisdiction to issue permits for the use of the lake waters
including navigation, construction, and operation of fish pens, and the like plus the power to collect
fees for such activities.
RA 7160 (Local Government Code) was created thereafter and the municipalities around the Laguna
Lake Region interpreted the Code as granting them jurisdiction over issuing permits for fish pen
privileges within their jurisdiction and started issuing permits to big fish pen operators. The LLDA issued
a notice declaring these fish pens as illegal because they were not registered with the LLDA further
imposing fines and threatening demolition of the said projects. The private respondents contended that
the LLDA has no jurisdiction because it is the Local Government Code, a later law, that shall prevail
over the case.
ISSUE: WON the LLDA can exercise jurisdiction over the Laguna Lake Region as provided in RA 4850
and PD 813
Yes. The LLDA should exercise jurisdiction over the lake insofar as the issuance of permits for fisheries
is concerned. RA 7160 did not repeal the laws creating the LLDA therefore the latter maintains
exclusive authority over issuances of permits. The charter of the LLDA is a special law while RA 7160 is
a general law. Even if RA 7160 was enacted later, it is still a general law and cannot be construed to
have repealed a special law.
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3. LLDA vs CA
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Special law prevails over general law because it evinces the legislative intent more clearly than the
general statute. A special law cannot be repealed, amended or altered by a subsequent law by mere
implications.
Generalia specialibus non derogant a general law does not nullify a specific or special law.
4. BAGATSING vs RAMIREZ
-
Municipal Board of Manila enacted Ordinance No. 7522, An Ordinance Regulating the Operation of
Public Markets and Prescribing Fees for the Rentals of Stalls and Providing Penalties for Violation thereof
and for other Purposes.
Respondents seeks to nullify the ordinance
ISSUE: WON the Revised City Charter should govern over the Local Tax Code on publication of tax
ordinance enacted by the Municipal Board of Manila
SC: The Local Tax Code prevails. Although the Revised City Charter is a special law, may be impliedly
modified by a later statute, and where the statute is controlling, it must be read into the charter,
notwithstanding any of its provisions. A special law is considered to be an exception to the
general. The Revised Charter of Manila speaks of ordinance in general whereas the Local Tax Code
relates to ordinances levying or imposing taxes, fees or other charges in particular. A charter must
not be inconsistent with the general laws and public policy of the state.
5. DAR vs SUTTON
-
Petitioners own a land in Masbate devoted exclusively to cow and calf breeding. Pursuant to the
agrarian reform of the government, respondents voluntarily offered to sell (VOS) their landholdings
to DAR to avail of certain incentives under the law such as cash incentives and other tax exemptions.
RA 6656 or the Comprehensive Agrarian Reform Law (CARL) then took effect, including in its coverage
farms used for livestock, poultry and swine. But certain provisions of the CARL were declared
unconstitutional because livestock farms should not be included in the coverage of agrarian reform as
mandated and exempted by the Constitution. Lands such as these are classified as industrial, not
agricultural.
Congress then enacted RA 7881, which amended these certain unconstitutional provisions of the CARL.
Specifically, the new law changed the definition of the terms "agricultural activity" and "commercial
farming" by dropping from its coverage lands that are devoted to commercial livestock, poultry and
swine-raising.
Petitioners then requested DAR to withdraw their VOS as their landholding was devoted exclusively to
cattle-raising and thus exempted from the coverage of the CARL. DAR ignored the request.
ISSUE: WON the landholding was exempt from the coverage of the CARL
SC: It is exempted. The reenactment of a statute by Congress without substantial change is
an implied legislative approval and adoption of the previous law. On the other hand, by
making a new law, Congress seeks to supersede an earlier one. In the case at bar, after the
passage of the 1988 CARL, Congress enacted R.A. No. 7881 which amended certain provisions of the
CARL. With this significant modification, Congress clearly sought to align the provisions of our agrarian
laws with the intent of the 1987 Constitutional Commission to exclude livestock farms from the
coverage of agrarian reform.
CHAPTER 11
1. Constitution fundamental law which sets up a form of government and defines and delimits the powers
thereof and those of its officers, reserving to the people themselves plenary sovereignty
2. The constitution is a written charter enacted and adopted by the people by which a government for them is
established
3. The constitution is permanent in nature thus it does not only apply to existing conditions but also to future
needs. It is absolute and unalterable except by amendment.
4. Constitutional Construction to ascertain the intent or purpose of the framers of the constitution as
expressed in its language
5. The Constitution must be adaptable to various crisis of human affairs but it must also be solid permanent
and substantial. It should not change with emergencies or conditions. It should not be inflexible. It should
not be interpreted narrowly.
6. The primary source in order to ascertain the constitution is the language itself.
7. Do not construe the constitution in such a way that its meaning would change.
8. If the words used have both general and restricted meaning, the general prevails over the restricted unless
the contrary is indicated.
9. Aids to Construction: (1) History (2) Proceedings of the Convention (3) Prior laws and judicial decisions (4)
Contemporaneous constructions (5) Consequences of alternative interpretations
10. History basically helps in making one understand as to how and why certain laws were
incorporated into the constitution. In construing constitutional law, the history must be taken
into consideration because there are certain considerations rooted in the historical background
of the environment at the time of its adoption.
11. If the language of the constitutional provision is plain, it is not necessary to resort to extrinsic aids. Except
when the intent of the framer doesnt appear in the text or it has more than one construction. The
proceedings of the convention are usually inquired into because it sheds light upon what the framers had in
mind that time.
12. Constitution is construed as a whole. Provisions should not be construed separately from the
rest, it should be interpreted as a whole and be harmonized with conflicting provisions so as to
give them all force and effect.
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13. Sections in the constitution with a particular subject should be interpreted together to
effectuate the whole purpose of the constitution.
14. Constitution operated prospectively only unless the words employed are clear that it applies
retroactively.
15. Constitutional provisions are self-executing, generally. Except when the provisions themselves
expressly require legislations to implement them.
16. Self-executing provisions provisions which are complete by themselves and become operative
without the aid of supplementary legislation
17. In case of doubt, construe such provision as self-executing rather that non self-executing
CASES:
1. DRILON vs ERMITA
-
EO 464 Ensuring Observance of the Principles of Separation of Powers, Adherence to the Rule on
Executive Privilege and Respect for the Rights of Public Officials Appearing in Legislative Inquiries in Aid
of Legislation Under the Constitution, and for Other Purposes issued by the President GMA
Petitioners pray for its declaration as null and void for being unconstitutional.
Senate issued invitations to various officials of the Executive Department for them to appear as
resource speakers in a public hearing on several issues concerning the President (i.e. election fraud,
wiretapping, railway project, etc.), in the exercise of its legislative power (legislative inquiries in aid of
legislation)
Said officials were not able to attend due to lack of consent from the President as provided by EO 464,
Sec 3 which requires all the public officials enumerated in Sec 2 to secure the consent of the President
prior to appearing before either house of Congress.
ISSUE: Is EO 464 constitutional?
SC: No. Congress has a right to information from the executive branch whenever it is sought in aid of
legislation. If the executive branch withholds such information on the ground that it is privileged, it
must so assert it and state the reason therefore and why it must be respected.
The enumeration in Section 2 of EO 464 is broad and is covered by the executive privilege. The doctrine
of executive privilege is premised on the fact that certain information must, as a matter of necessity,
be kept confidential in pursuit of the public interest. The privilege being, by definition, an exemption
from the obligation to disclose information, in this case to Congress, the necessity must be of such high
degree as to outweigh the public interest in enforcing that obligation in a particular case.
2. DAVID vs ARROYO
-
President GMA declared PP 1017 to be implemented by GO 5 due to the Magdalo siege and discovery of
plans to assassinate her. PP 1017 was aimed to suppress lawlessness and the connivance of extremists
to bring down the government.
Pursuant to such PP, GMA cancelled all plans to celebrate EDSA I and at the same time revoked all
permits issued for rallies and other public organizations.
Notwithstanding the cancellation of their rally permit, KMU head Randolf David proceeded to rally which
led to his arrest without warrant. A week after PP 1017, GMA issued PP 1021 lifting the state of national
emergency.
Petitioner averred that PP1017 and GO 5 are unconstitutional for they have no factual basis and they
cannot be validly declared by the president for such power is reposed in Congress.
ISSUE: WON PP 1017 and GO 5 were unconstitutional
SC: Petition was partly granted. The Court ruled that the assailed PP 1017 is unconstitutional insofar as
it grants GMA the authority to promulgate decrees, taking into consideration that legislative power is
vested only in congress. PP 1017 is constitutional insofar as it allows the President to call the AFP to
prevent or suppress lawless violence. However, commanding the AFP to enforce laws not related to
lawless violence are declared unconstitutional.
The following acts of the government were held unconstitutional: warrantless arrest of the petitioner,
dispersal and warrantless arrests of rallyists in the absence of proof that said petitioners were
committing acts constituting lawless violence, invasion or rebellion, or violating BP 800; imposition of
media standards and any form of prior restraint on the press, as well as warrantless search of the
Tribune Offices and whimsical seizure of its articles for publication and other materials.
An EO allowing members of the Cabinet, their secretaries and undersecretaries hold other offices or
positions in addition to their primary positions was assailed in this case.
EO 284 runs counter with Art 7 Sec 3 of the Constitution which provides that the President, the VP, the
Members of the Cabinet, and their deputies and assistants shall not, unless otherwise provided by the
Constitution, hold any other office or employment during their tenure.
ISSUE: Is EO 284 constitutional?
SC: No. It is null and void. In constitutional construction, the intention underlying the provision must be
recognized. The practice of holding multiple offices in the government would lead to abuses by
unscrupulous public officials who took the scheme for purposes of self-enrichment, particularly during
Marcos era.
The court examined the history of the times, the conditions under which the constitutional provisions
was framed and its object. Before the adoption of the constitutional provision, there was a proliferation
of newly-created agencies created by PDs and other modes of presidential issuances during Marcos
time where Cabinet members, their deputies or assistants were designated to head or sit as members
of the board with corresponding salaries, emoluments, allowances, per diems, and other prerequisites
of office
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3. CIVIL LIBERTIES UNION vs EXECUTIVE SECRETARY
STATUTORY
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The evident purpose of the framers of the 1987 Constitution is to impose a stricter prohibition on the
President, VP, Cabinet members, etc with respect to holding multiple government offices. The language
of the provision is prohibitory.
The qualifying phrase unless otherwise provided cannot refer to the broad exceptions made for
appointive officials under Art 9-B Sec 7 of the Constitution. The former is meant to lay down the general
rule of holding multiple offices applicable to all elective public officials and employees while the latter is
meant for the exception of the President, VP, members of the Cabinet, etc. To construe otherwise would
render the meaningless the manifest intent of the framers of the Constitution.
History basically helps in making one understand as to how and why certain laws were
incorporated into the constitution. In construing constitutional law, the history must be
taken into consideration because there are certain considerations rooted in the historical
background of the environment at the time of its adoption.
4. UNITED PEPSI COLA SUPERVISOR UNION vs LAGUESMA

-
The union filed a petition for certification election on behalf of the route managers at Pepsi-Cola
Products Philippines, Inc. The petition was denied by the med-arbiter and, on appeal, by the
Secretary of Labor and Employment, on the ground that the route managers are managerial
employees and, therefore, ineligible for union membership under the first sentence of Art 245 of the
Labor Code.
Petitioner filed a motion for reconsideration, pressing for resolution its contention that the first
sentence of Art 245 of the Labor Code, so far as it declares managerial employees to be ineligible to
form, assist or join unions, contravenes Art 3 Sec 8 of the Constitution which provides the right of the
people, including those employed in the public and private sectors, to form unions, associations,
or societies for purposes not contrary to law shall not be abridged
ISSUE: WON Art 245 of the Labor Code violates the Constitution (Art 3 Sec 8)
SC: No. The Constitutional Commission intended the absolute right to organize of government
workers, supervisory employees, and security guards to be constitutionally guaranteed. By implication,
no similar absolute constitutional right to organize for labor purposes should be deemed to have been
granted to top-level and middle managers. Nor is the guarantee of organizational right in Art 3
infringed by a ban against managerial employees forming a union. The right guaranteed in Art 3 is
subject to the condition that its exercise should be for purposes "not contrary to law."
In the case of Art. 245, there is a rational basis for prohibiting managerial employees from forming or
joining labor organization. This inhibition has been stated to be, because if these managerial
employees would belong to or be affiliated with a Union, the latter might not be assured of their loyalty
to the Union in view of evident conflict of interests. The Union can also become company-dominated
with the presence of managerial employees in Union membership.
5. TOLENTINO vs SECRETARY OF FINANCE

-
RA 7716 seeks to widen the tax base of the existing VAT system and enhance its administration by
amending the National Internal Revenue Code.
Its constitutionality was challenged on the ground that RA 7716 did not originate exclusively in the
House of Representatives as required by Art 6, Sec 24 of the Constitution, because it is in fact the result
of the consolidation of 2 distinct bills, H. No. 11197 and S. No. 1630. There is also a contention that S.
No. 1630 did not pass 3 readings as required by the Constitution.
ISSUE: WON RA 7716 is constitutional
SC: Yes. It is not the law but the revenue bill which is required by the Constitution to originate
exclusively in the HOR. The Senate has the power not only to concur with amendments but also to
propose amendments. Indeed, what the Constitution simply means is that the initiative for filing
revenue, tariff or tax bills, bills authorizing an increase of the public debt, private bills and bills of local
application must come from the HOR on the theory that, elected as they are from the districts, the
members of the House can be expected to be more sensitive to the local needs and problems. Nor does
the Constitution prohibit the filing in the Senate of a substitute bill in anticipation of its receipt of the
bill from the House, so long as action by the Senate as a body is withheld pending receipt of the House
bill.
S. No. 1630 did not pass 3 readings on separate days as required by the Constitution because the
second and third readings were done on the same day. The President had certified S. No. 1630 as
urgent. The presidential certification dispensed with the requirement not only of printing but also that
of reading the bill on separate days. That upon the certification of a bill by the President the
requirement of 3 readings on separate days and of printing and distribution can be dispensed with is
supported by the weight of legislative practice.
Sections in the constitution with a particular subject should be interpreted together to
effectuate the whole purpose of the constitution.
Art 4 Sec 20 of 1973 Constitution: ...Any person under investigation... shall have the right to remain
silent and to counsel, and to be informed of such right... no person shall be compelled to be a witness
against himself...Any confession obtained in violation of this section shall be inadmissible in
evidence...
Petitioner was accused of murder in two informations. During trial, his extrajudicial confession dated
November 1972 (before 1973 Constitution was promulgated) was admitted in evidence over the
objection that it was taken while the accused was in preventive custody of the PC without having been
informed of his right to remain silent and to counsel.
ISSUE: WON Art 4 Sec 20 of the 1973 Constitution be applied retroactively
SC: It should be given a prospective application. The constitutional guarantee of right to counsel only
has prospective effect. Giving such provision a retroactive effect would invite unwarranted hardship on
the part of the prosecutor. However, his confession is admissible given that the same had been
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6. MAGTOTO vs MANGUERA
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ebina/2012
aiza
obtained before the effectivity of the 1973 Constitution, since no law gave the accused the right to be
so informed before that date.
Why prospective effect for this case? (1) said provision of the New Constitution granted, for the first
time, to a person under investigation for the commission of an offense, the right to counsel and to be
informed of such right; (2) the history behind this new right shows the intention to give this
constitutional guaranty not a retroactive, but a prospective effect, so as to cover only confessions taken
after the effectivity of the New Constitution; and (3) to give a retroactive effect to this constitutional
guarantee to counsel would have a great unsettling effect on the administration of justice in this
country. It may lead to the acquittal of guilty individuals and thus cause injustice to the People and to
offended parties in many criminal cases where confessions were obtained before the effectivity of the
New Constitution and in accordance with the rules then in force although without assistance of counsel.
Constitution operated prospectively only unless the words employed are clear that it
applies retroactively.
7. MANILA PRINCE HOTEL vs GSIS

-
GSIS decided to sell 30-51% of the Manila Hotel Corporation pursuant to the privatization program of
the government. Two bidders participated, Manila Prince Hotel (MPH) and Malaysian Firm Renong
Berhad (RB). MPHs bid was at P41.58/per share while RBs bid was at P44.00/share. RB was the highest
bidder hence it was logically considered as the winning bidder but is yet to be declared so. Pending
declaration, MPH matches RBs bid and invoked the Filipino First Policy enshrined under Art 12, Sec 10
of the 1987 Constitution but GSIS refused to accept. In turn MPH filed a TRO to avoid the
perfection/consummation of the sale to RB.
RB assailed the TRO issued in favor of MPH arguing among others that Art 12, Sec 10 needs an
implementing law because it is merely a statement of principle and policy (not self-executing) and even
if said passage is self-executing, Manila Hotel does not fall under national patrimony.
ISSUE: WON Art 12, Sec 10 needs an implementing law and RB should be admitted as the highest
bidder and hence be proclaimed as the legit buyer of shares
SC: No. The qualified Filipino entity must be given preference by granting it the option to match the
winning bid because the provision is self-executing. Art 12, Sec 10 of the 1987 Constitution is self
executing. The Constitution is the fundamental, paramount and supreme law of the nation, it is deemed
written in every statute and contract.
In the granting of economic rights, privileges, and concessions, when a choice has to be made between
a qualified foreigner and a qualified Filipino, the latter shall be chosen over the former.
Section 10: The Congress shall, upon recommendation of the economic and planning agency, when the
national interest dictates, reserve to citizens of the Philippines or to corporations or associations at
least sixty per centum of whose capital is owned by such citizens, or such higher percentage as
Congress may prescribe, certain areas of investments. The Congress shall enact measures that will
encourage the formation and operation of enterprises whose capital is wholly owned by Filipinos. In
the grant of rights, privileges, and concessions covering the national economy and
patrimony, the State shall give preference to qualified Filipinos.
8. IBP vs ZAMORA
-
President Estrada directed the AFP Chief of Staff and PNP Chief to coordinate with each other for the
proper deployment and utilization of the Marines to assist the PNP in preventing or suppressing criminal
or lawless violence, invoking his powers as Commander-in-Chief under Art 7, Sec 18 of the Constitution
The President declared that the services of the Marines in the anti-crime campaign are merely
temporary in nature and for a reasonable period only, until such time when the situation shall have
improved. The IBP filed a petition seeking to declare the deployment of the Philippine Marines null and
void and unconstitutional.
ISSUE: WON the calling out to the AFP and PNP was constitutional
SC: Yes. When the President calls the armed forces to prevent or suppress lawless violence, invasion or
rebellion, he necessarily exercises a discretionary power solely vested in his wisdom. Under Art 7, Sec
18, Congress may revoke such proclamation of martial law or suspension of the privilege of the writ of
habeas corpus and the Court may review the sufficiency of the factual basis thereof.
However, there is no such equivalent provision dealing with the revocation or review of the Presidents
action to call out the armed forces. The distinction places the calling out power in a different
category from the power to declare martial law and power to suspend the privilege of the writ of
habeas corpus, otherwise, the framers of the Constitution would have simply lumped together the 3
powers and provided for their revocation and review without any qualification.
Petitioner, a lawyer and a taxpayer, filed a petition for certiorari and prohibition seeking a declaration
that certain provisions of RA 9189 (The Overseas Absentee Voting Act of 2003) are unconstitutional.
ISSUES: (1) WON Sec 5 of RA 9189 allowing the registration of voters who are immigrants or permanent
residents in other countries by their mere act of executing an affidavit expressing their intention to
return to the Philippines violate the residency requirement in Art 5 Sec 1 of the Constitution. (2) WON
Sec 18.5 of RA 9189 empowering the COMELEC to proclaim winning candidates for national offices and
party-list representatives including the President and the VP violate Art 7, Sec 4 of the Constitution that
winning candidates for President and VP shall be proclaimed by Congress. (3) WON under Sec 25 of RA
9189, the Congress may review, revise, amend and approve the Implementing Rules and Regulations
that the COMELEC shall promulgate without violating the independence of the COMELEC under Art 9-A,
Sec 1 of the Constitution
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9. MACALINTAL vs COMELEC
STATUTORY
CONSTRUCTION
aiza
SC: (1) All laws are presumed to be constitutional Sec 5 of RA 9189 allows an immigrant and
permanent resident abroad to register as voter for as long as h executes an affidavit to show that he
has not abandoned his domicile in pursuance of the constitutional intent expressed in Art 5, Sec 1 and
Sec 2 that all citizens of the Philippines not otherwise disqualified by law must be entitled to exercise
the right of suffrage and, that Congress must establish a system for absentee voting, for otherwise, if
actual, physical residence in the Philippines is required, there is no sense for the framers of the
Constitution to mandate Congress to establish a system for absentee voting. (2) The constitution
must be construed as a whole Art 7, Sec 4 of the Constitution gives the Congress the duty to
canvass the votes and proclaim the winning candidates for President and VP. The COMELEC can only
proclaim the winning Senators and party-list representatives but not the President and the VP. Sec 18.5
of RA 9189 is far too sweeping for including the proclamation of the winning candidates for the
presidency and vice-presidency. The provisions of the constitution as the fundamental law of the land
should be read as part of RA 9189 and hence, the canvassing of votes and proclamation of winners for
presidency and vice-presidency must remain in the hands of the Congress. (3) In case of doubt in
the interpretation of the provision of the constitution, such meaning must be deduced from
the discussions of the members of the Constitutional Commission Art 9-A, Sec 1 of the
Constitution provides that The Constitutional Commissions, which shall be independent, are the Civil
Service Commission, the COMELEC and the Commission on Audit. RA 9189 is unconstitutional as it
violates the provision, mandating the independence of constitutional commissions. The phrase subject
to the approval of the Congressional Oversight Committee in the first sentence of Sec 17.1 empowers
the Commission to authorize voting by mail in not more than 3 countries for the May 2004 elections,
and the phrase only upon review and approval of the Joint Congressional Oversight Committee found
in the second paragraph of the same section are unconstitutional as they require review and approval
of voting by mail in any country after the May 2004 elections. Congress may not confer upon itself the
authority to approve or disapprove the countries wherein voting by mail shall be allowed, as
determined by the COMELEC pursuant to the conditions provided for in Sec 17.1 of RA 9189. Otherwise
Congress would overstep the bounds of its constitutional mandate and intrude into the independence
of the COMELEC.
The petition was partly granted. The above-mentioned portions of RA 9189 were declared void and
unconstitutional.
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STATUTORY

Agpalo 2009, San Beda College of Law

Agpalo 2009, San Beda College of Law

If not within legislative intent, do not resort to aids of construction

3. CENTRAL BANK EMPLOYEES vs BSP

Agpalo 2009, San Beda College of Law

Agpalo 2009, San Beda College of Law

Agpalo 2009, San Beda College of Law

every donation between the spouses during marriage shall be void

10. ROMUALDEZ vs SANDIGANBAYAN

Agpalo 2009, San Beda College of Law

Tax Code does not apply to filled milk

8. CAGAYAN VALLEY ENTERPRISES vs CA

Agpalo 2009, San Beda College of Law

5. CIVIL SERVICE COMMISSION vs ASENSI

Agpalo 2009, San Beda College of Law

NATIONAL TOBACCO vs COA

9. JMM PROMOTIONS AND MANAGEMENT vs NLRC

Agpalo 2009, San Beda College of Law

Agpalo 2009, San Beda College of Law

Must construe the penal law liberally in favor of the accused.

Homeowners Association (South Association) duly registered in HIGC as sole homeowners

Private respondent filed a complaint for forcible entry against petitioners

Agpalo 2009, San Beda College of Law

3. FAR EAST BANK AND TRUST COMPANY vs MARQUEZ

Agpalo 2009, San Beda College of Law

Agpalo 2009, San Beda College of Law

1. TUNG CHIN HUI vs RODRIGUEZ

Agpalo 2009, San Beda College of Law

Agpalo 2009, San Beda College of Law

Agpalo 2009, San Beda College of Law

3. CIVIL LIBERTIES UNION vs EXECUTIVE SECRETARY

Agpalo 2009, San Beda College of Law

4. UNITED PEPSI COLA SUPERVISOR UNION vs LAGUESMA

5. TOLENTINO vs SECRETARY OF FINANCE

Agpalo 2009, San Beda College of Law

7. MANILA PRINCE HOTEL vs GSIS

Agpalo 2009, San Beda College of Law

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