Professional Documents
Culture Documents
Liberal Construction
Strict Construction
It simply means that the scope of the statute
shall not be extended or enlarged by implication,
intendment, or equitable consideration beyond the
literal meaning of its terms
Liberal Construction
It simply means that the words should
receive a fair and reasonable interpretation, so as
to attain the intent, spirit and purpose of the law
Subjects of Construction
The Constitution
Sarmiento vs Mison
Facts:
-Petitioners, who are taxpayers, lawyers, members of the IBP and professors of
Constitutional Law, seek to enjoin Salvador Mison from performing the functions of the Office
of Commissioner of the Bureau of Customs and Guillermo Carague, as Secretary of the
Department of Budget, from effecting disbursements in payment of Misons salaries and
emoluments, on the ground that Misons appointment as Commissioner of the Bureau of
Customs is unconstitutional by reason of its not having been confirmed by the
Commission on Appointments.
-The respondents, on the other hand, maintain the constitutionality of Misons appointment
without the confirmation of the Commission on Appointments. The Supreme Court held
that the President has the authority to appoint Mison as Commissioner of the Bureau of
Customs without submitting his nomination to the Commission on Appointments for
confirmation, and thus, the latter is entitled the full authority and functions of the office and
receive all the salaries and emoluments pertaining thereto. Thus, the Supreme Court
dismissed the petition and the petition in intervention, without costs.
Ruling:
1. Standing to file suit / Prohibition as proper remedy: Procedural
questions set aside due to demands of public interest.
2.Constitutional Construction.
The fundamental principle of constitutional construction is to give
effect to the intent of the framers of the organic law and of the people
adopting it.
3.Presidents power to appoint .
Section 16, Article VII of the 1987 Constitution empowers the
President to appoint 4 groups of officers: (1) the heads of the executive
departments, ambassadors, other public ministers and consuls, officers of
the armed forces from the rank of colonel or naval captain, and other
officers whose appointments are vested in him in this Constitution;
(2) all other officers of the Government whose appointments are not
otherwise provided for by law; (3) those whom the President may
be authorized by law to appoint; and (4) officers lower in rank 4
whose appointments the Congress may by law vest in the President
alone.
4.
Express enumeration excludes others not enumerated.
It is an accepted rule in constitutional and statutory construction
that an express enumeration of subjects excludes others not
enumerated.
5.
Constitutional provision presumed to have been framed
and adopted in light of prior laws . Courts are bound to presume
that the people adopting a constitution are familiar with the
previous and existing laws upon the subjects to which its
provisions relate, and upon which they express their judgment
and opinion in its adoption.
6.
Construction of also in second sentence; consideration of
different language of proximate sentences to determine
meaning The word also could mean in addition; as well;
besides, too besides in like manner which meanings could
stress
7.
Power to appoint fundamentally executive in character; Limitations
construed strictly .
8.
The use of word alone after President in third sentence is a lapse
in draftsmanship, a literal import deemed redundant
9.
President authorized Commissioner of Bureau of Customs;
Commissioner not included with the first group of appointment The position
of Commissioner of the Bureau of Customs (a bureau head) is not one
of those within the first group of appointments where the consent of the
Commission on Appointments is required.
10.
Laws approved during the effectivity of previous constitution must be
read in harmony with the new one RA 1937 and PD 34 were approved
during the effectivity of the 1935 Constitution, under which the President
may nominate and, with the consent of the Commission on Appointments,
appoint the heads of bureaus, like the Commissioner of the Bureau of
Customs.
Issue: Whether the imposition of an income tax upon the salary of a member
of the Judiciary amount to a diminution thereof, and thus violate the
Constitution.
Held:
The imposition of the income tax upon the salary of Justice Perfecto
amount to diminution thereof. The prohibition is general, contains no
excepting words, and appears to be directed against all diminution.
The Fathers of the constitution prohibit diminution by taxation that
they regarded the independence of the judges as of far greater
importance than any revenue that could come from taxing their
salaries.
The primary purpose of the prohibition against diminution was not to
benefit the judges but to attract good and competent men to the
bench and to promote the independence of action and judgment
which is essential to the maintenance of the guaranties, limitations
an d and pervading principles of the constitution.
Endencia vs David
Collector of Internal Revenue Saturnino David ordered the taxing of
Justice Pastor Endencias and Justice Fernando Jugos
compensation pursuant to Sec 13 of RA 590 which states: No
salary wherever received by any public officer of the Republic of the
Philippines shall be considered as exempt from the income tax,
payment of which is hereby declared not to be a diminution of his
compensation fixed by the Constitution or by law.
Issue: Whether the Legislature may lawfully declare the collection of
income tax on the salary of a public official, especially a judicial
officer, not a decrease of his salary, after the Supreme Court has
found and decided otherwise.
Held:
Statute
-A statute is an act of the legislature commanding or prohibiting
something
-A particular law enacted and established by the will of the
legislative department of the government
Requirements for the publication of Laws
Tanada v. Tuvera (136 SCRA 27)
Issue:
Whether publication is an indispensable requirement for the
effectivity of laws
Held:
The Supreme Court ordered the respondents to publish in the
Official Gazette all unpublished presidential issuances which are of
general application, and that unless so published, they shall have no
binding force and effect.
Ordinances
Decision
The general rule is that a later law prevails over an earlier law. The
ordinances validity should be determined vis-a-vis RA 4136, the
mother statute (not the repealed statue, Act 3992).
In case there is a conflict between a statute and ordinance, the
ordinance must give way.
the rule is that the exempting provision is to be construed liberally in favor of the
taxing authority and strictly against exemption from tax liability.
Importations made by agent of planter or farmer are not exempt from tax, only
when imported by planters or farmers directly or through their cooperatives.
Provisions governing the refund of taxes are strictly construed
against
exemption from tax liability.
Labor Laws
Rules on the construction of Labor Laws
Manahan v. ECC
Villavert v. ECC
ISSUE: Whether the petitioner is entitled to her sons death benefits
HELD:
From the foregoing facts of record, it is clear that Marcelino N. Villavert
died of acute hemorrhagic pancreatitis which was directly caused or at
least aggravated by the duties he performed as code verifier, computer
operator and clerk typist of the Philippine Constabulary.
Articles 106 of the Labor Code provides that in the event that
the contractor or subcontractor fails to pay the wages of his
employees in accordance with this Code, the employer shall
be jointly and severally liable with his contractor or
subcontractor to such employees to the extent of the work
performed under the contract, in the same manner and extent
that he is liable to employees directly employed by him,
The Supreme Court affirmed the judgment under review,
without prejudice to petitioners right to seek reimbursement
from Calmar Security Agency for such amounts as petitioner
may have to pay to complainants. Costs against the private
respondent.