X.

Strict and Liberal Construction and

Interpretation of Statutes

39. Republic v. Intermediate Appellate Court

[ G.R. No. 69344, 26 April 1991, 196 SCRA 335 ]
FERNANDO GALLARDO, petitioner-appellant vs JUAN BORROMEO, respondent-appellee

Facts:
In 1963, petitioner filed a case to terminate the leasehold of the respondent tenant so he may cultivate it
himself as he had retired.

Respondent alleged the petitioner has no knowledge in farming and his only purpose is to eject the
respondent.

Court of Agrarian Relations dismissed the petition.

Petitioner appealed to the CA. CA affirmed in toto the decision of the CAR applying RA 6389 Sec 7 holding
the petitioners reason is not a valid ground.

The law applicable when petitioner filed his supplementary complaint was Par 1 Sec 36 of RA 3844
(amended by RA 6389 in 1971).

Petitioner filed a petition for review on certiorari.

Issue: Whether or not CA correctly gave retroactive application to Sec 7 of RA 6389

Held:
NO.
Article 4 on the New Civil Code provide that laws shall have no retroactive effect unless therein otherwise
provided.

There was no express intention to make RA 6389 retroactive, hence it may not apply.
Petitioner may terminate tenancy and till his land.

CAR: dismissed petition

CA: affirmed CAR, dismissed petition
SC: affirmed petitioners petition, set aside CAR and CA decision

RA 6389
AN ACT AMENDING REPUBLIC ACT NUMBERED THIRTY-EIGHT HUNDRED AND FORTY-FOUR, AS
AMENDED, OTHERWISE KNOWN AS THE AGRICULTURAL LAND REFORM CODE, AND FOR OTHER
PURPOSES

[ Pantaran, Hannah Rose ]

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