STATUTORY CONSTRUCTION it is the various methods and tests used by the courts for

determining the meaning of law.

I. GENERAL PRINCIPLES IN DEFINING STATUTORY CONSTRUCTION

Issue and Ruling: Whether the promotional scheme is a lottery or a gift that violates the provisions of
the Postal Law (Caltex v. Palomar). In the case at bar, there is no requirement in the rules that any fee
be paid, any merchandise be bought, any service be rendered, or any value whatsoever be given for
the privilege to participate. The scheme is merely a gratuitous distribution of property by chance which
does not violate the provisions of the Postal Law. Construction is used where there is rendered
doubtful, amongst others, by reason of the fact that the given case is not explicitly provided for in the
law. Hence, the Court is tasked to look beyond the fair exterior, to the substance, in order to unmask
the real element and pernicious tendencies that the law is seeking to prevent.

What is Statutory Construction?

It is the art or process of discovering and expounding the meaning and the intention of the
authors of the law with respect to its application to a given case, where that intention is rendered
doubtful, amongst others, by reason of the fact that the given case is not explicitly provided for in the
law. (Caltex v. Palomar)

II. WHEN DOES STATUTORY CONSTRUCTION COMES IN?

When does Statutory Construction comes in?

The first and fundamental duty of courts is to apply the law. Construction and interpretation
come only after it has been demonstrated that application is impossible or inadequate without them.
(National Federation of Labor v. Eisma; Paat v. CA; People v. Mapa; Paras v. Comelec; Daoang v.
Municipal Judge of San Nicolas)

1. National Federation of Labor v. Eisma

Issue and Ruling: Construction is required to determine jurisdiction.The first and fundamental duty of
courts is to apply the law. Construction and interpretation come only after it has been demonstrated that
application is impossible or inadequate without them. However, jurisdiction over the subject matter in a
judicial proceeding is conferred by the sovereign authority, which organizes the court; and it is given
only by law. Jurisdiction is never presumed; it must be conferred by law in words that do not admit of
doubt. Since the jurisdiction of courts and judicial tribunals is derived exclusively from the statutes of
the forum, the issue should be resolved on the basis of the law or statute in force.

2. Paat v. CA

Issue and Ruling: Whether construction admits that the authority confiscates conveyances belonging
to the court. The construction that conveyances are subject of confiscation by the courts exclusively
(pursuant to Section 28, paragraph 2) unduly restricts the clear intention of the law and inevitably
reduces the other provision of Section 68-A, aside to the fact that conveyances are not mentioned nor
included in the former provision. In the case at bar, the phrase to dispose of the same is broad
enough to cover the act of forfeiting conveyances in favor of the government. The only limitation is that
it should be made in accordance with pertinent laws, regulations or policies on the matter. Therefore,
in the construction of statutes, it must be read in such a way as to give effect to the purpose projected
in the statute.


3. People v. Mapa

Issue and Ruling: Prosecution for the crime of illegal possession of firearm and ammunition of
appointed secret agent of a public official. The law is explicit that it is unlawful for any person to
possess any firearm or any instrument, intended to be used in the manufacture of firearms, parts of
firearms, or ammunition except when such firearms are in possession of such public officials and public
servants for use in the performance of their official duties. It is the first and fundamental duty of courts
to apply the law. It was decided that construction and interpretation come only after it has been
demonstrated that application is impossible or inadequate without them. The law cannot be any clearer;
there being no provision made for a secret agent.

4. Daoang v. Municipal Judge of San Nicolas

Issue and Ruling: Adoption under paragraph 1 of Article 335 of the Civil Code. The words used in
paragraph (1) of Article 335 of the Civil Code, in enumerating the persons who cannot adopt, are clear
and unambiguous. When the New Civil Code was adopted, it changed the word descendant, found in
the Spanish Civil Code to which the New Civil Code was patterned, to children. The children thus
mentioned have a clearly defined meaning in law and do not include grandchildren. In the present case,
Roderick and Rommel Daoang, the grandchildren of Antero Agonoy and Amanda Ramos-Agonoy,
cannot assail the adoption of Quirino Bonilla and Wilson Marcos by the Agonoys. Therefore, the
general rule is that only statutes with an ambiguous or doubtful meaning may be the subjects of
statutory construction.

5. Paras v. Comelec

Issue and Ruling: Is SK to be considered a regular local election in a recall proceeding? The subject
provision of the Local Government Code, Sec. 74 Paragraph (b) provides that No recall shall take
place within one year from the date of the officials assumption to office or one year immediately
preceding a regular local election. Hence, It is a rule in statutory construction that every part of the
statute must be interpreted with reference to the context. In the present case, the Sangguniang
Kabataan elections cannot be considered a regular election, as this would render inutile the recall
provision of the Local Government Code. It would be more in keeping with the intent of the recall
provision of the Code to construe regular local election as one referring to an election where the office
held by the local elective official sought to be recalled will be contested and be filled by the electorate.

III. STATUTORY CONSTRUCTION VS JUDICIAL LEGISLATION

When is it construction and when is it judicial legislation?

To declare what the law shall be is a legislative power, but to declare what the law is or has
been, is judicial. However, the court do and must legislate to fill in the gaps in the law. The Court
decided to go beyond merely ruling on the facts of the existing law and jurisprudence. (Floresca v.
Philex Mining; Republic v. CA and Molina)

1. Floresca v. Philex Mining

Issue and Ruling: Does CFI (RTC) have jurisdiction over the complaint? Pursuant to Article 9 of the
Civil Code which provides that: No judge or court shall decline to render judgment by reason of the
silence, obscurity or insufficiency of the laws. It argues that the application or interpretation placed by
the Court upon a law is part of the law as of the date of the enactment of the said law since the Courts
application or interpretation merely establishes the contemporaneous legislative intent that the
construed law purports to carry into effect. Yet, the Court argues that the Court can legislate, pursuant
to Article 9 of the New Civil Code. However, even the legislator himself recognizes that in certain
instances, the court do and must legislate to fill in the gaps in the law; because the mind of the
legislator, like all human beings, is finite and therefore cannot envisage all possible cases to which the
law may apply.

2. Republic v. CA and Molina

Issue and Ruling: Guidelines presented by the court. The Family Code of the Philippines provides an
entirely new ground (in addition to those enumerated in the Civil Code) to assail the validity of a
marriage, namely, "psychological incapacity." In addition to resolving the present case, the court finds
the need to lay down specific guidelines in the interpretation and application of Article 36 of the Family
Code. In the present case, it appears to that there is a "difficulty," if not outright "refusal" or "neglect" in
the performance of some marital obligations of the respondent spouse. Mere showing of "irreconcilable
differences" and "conflicting personalities" in no wise constitutes psychological incapacity. Hence, the
Court decided to go beyond merely ruling on the facts of this case vis-a-vis existing law and
jurisprudence. For psychological incapacity to foster three characteristics should manifest, that include
gravity, juridical antecedence and incurability.

How must legislative intent be ascertained?

Legislative intent must be ascertained from a consideration of the statute as a whole. The
particular words, clauses and phrases should not be studied as detached and isolated expressions, but
the whole and every part of the statute must be considered in fixing the meaning of any of its parts and
in order to produce harmonious whole. (Aisporna v. CA; China Bank v. Ortega; PVA Board of
Administrators v. Bautista)

1. Aisporna v. CA

Issue and Ruling: Legislative intent of the Insurance Act: whether an insurance subagent or proxy
covered in section 189 of Insurance Act. Legislative intent must be ascertained from a consideration of
the statute as a whole. The particular words, clauses and phrases should not be studied as detached
and isolated expressions, but the whole and every part of the statute must be considered in fixing the
meaning of any of its parts and in order to produce harmonious whole. In the present case, the first
paragraph of Section 189 prohibits a person from acting as agent, subagent or broker in the solicitation
or procurement of applications for insurance without first procuring a certificate of authority so to act
from the Insurance Commissioner; while the second paragraph defines who is an insurance agent
within the intent of the section; while the third paragraph prescribes the penalty to be imposed for its
violation.

2. China Bank v. Ortega

Issue and Ruling: Whether a banking institution can validly refuse a court process garnishing the bank
deposit invoking the provisions of R.A. No. 1405 (An Act prohibiting Disclosure of or Inquiry into,
Deposits with any Banking Institution)? In gist of the pertinent provisions of RA 1405, Sec. 2., that
although transactions with banking institutions in the Philippines is absolutely confidential, there is an
exception upon written permission of depositor, or in cases of impeachment, or upon order of the
competent court in cases of bribery or dereliction of duty of public officials, or in cases where the money
deposited or invested is the subject matter of the litigation. In the present case, China Bank is at default
because the court merely required the bank to inform the court whether or not the defendant had a
deposit with the bank for the purposes of garnishment issued by the court. However, the disclosure is
purely incidental to the execution process.

3. PVA Board of Administrators v. Bautista

Issue and Ruling: Whether plaintiff is entitled to the pension from 1955 instead of from 1968? The
purpose of Congress in granting veterans pensions is to compensate, as far as may be, a class of men
who suffered in the service for the hardships they endured and the dangers they encountered, and
more importantly, those who have become incapacitated for work owing to sickness, disease or injuries
sustained while in the line of the duty. R.A. No. 65 (Veterans Bill of Rights) or veteran pension law is
therefore, a governmental expression of gratitude to and those who rendered service for the country, by
extending to them regular monetary aid. If the pension awards are made effective only upon approval of
the application, then the noble and humanitarian purposes for which the law had enacted could easily
be thwarted or defeated.


IV. EXECUTIVE CONSTRUCTION

What is the rule on executive construction?

1. PAFLU v. Bureau of Labor Relations

The court still and should respect the contemporaneous construction placed upon a statute by
the executive officers whose duty is to enforce it, and unless such interpretation is clearly erroneous will
ordinarily be controlled thereby.

When is Executive construction not given weight?

1. Phil. Apparel Workers Union v. NLRC

There was no grant of said increases yet, despite the contrary opinion expressed in the letter of
the Undersecretary of Labor. It must be noted that the letter was based on a wrong premise or
representation on the part of the company. The construction or explanation of Labor Undersecretary is
not only wrong as it was purely based on a misapprehension of facts, but also unlawful because it goes
beyond the scope of the law. The Supreme Court set aside the decision of the commission, and
ordered the company to pay, in addition to the increased allowance provided for in PD 1123.

2. IBAA Employees Union v. Inciong

Issue and Ruling: Whether the Ministry of Labor is correct in determining that monthly paid employees
are excluded from the benefits of holiday pay? From Article 92 of the Labor Code, as amended by
Presidential Decree 850, and Article 82 of the same Code, it is clear that monthly paid employees are
not excluded from the benefits of holiday pay. So long, as the regulations relate solely to carrying into
effect the provisions of the law, they are valid. Where an administrative order betrays inconsistency or
repugnancy to the provisions of the Act, the mandate of the Act must prevail and must be followed.

3. Chartered Bank Employees Union v. Ople

Issue and Ruling: Whether the Ministry of Labor is correct in maintaining that monthly paid employees
are not entitled to the holiday pay nor all employees who rendered work during said legal holidays are
entitled to the premium or overtime pay differentials? When the language of the law is clear and
unequivocal the law must be taken to mean exactly what it says. An administrative interpretation, which
diminishes the benefits of labor more than what the statute delimits or withholds, is obviously ultra vires.
In the present case, the provisions of the Labor Code on the entitlement to the benefits of holiday pay
are clear and explicit, it provides for both the coverage of and exclusion from the benefit.

Difference of a rule and an opinion?

1. Victorias Milling v. SSC

When an administrative agency promulgates rules and regulations, it makes a new law with the
force and effect of a valid law, while when it renders an opinion or gives a statement of policy, it merely
interprets pre-existing law.

V. Subjects of Construction

How should the Constitution be construed?

1. Sarmiento v. Mison

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. The intention to which force is to be given is
that which is embodied and expressed in the constitutional provisions themselves.

2. Perfecto v. Meer

Issue and Ruling: 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? The 1935 Constitution
provides in its Article VIII, Section 9, that the members of the Supreme Court and all judges of inferior
courts shall receive such compensation as may be fixed by law, which shall not be diminished during
their continuance in office.

3. Endencia v. David

Issue and Ruling: Whether the Legislature may lawfully declare the collection of income tax on the
salary of a public official, specially a judicial officer, not a decrease of his salary, after the Supreme
Court has found and decided otherwise. Therefore, the doctrine laid down in the case of Perfecto vs.
Meer to the effect that the collection of income tax on the salary of a judicial officer is a diminution
thereof and so violates the Constitution, is reiterated.

4. Nitafan v. CIR

Issue and Ruling: Whether the intention of the framers of the 1987 Constitution is to exempt justices
and judges from taxes as it was in the 1935 Constitution? In the present case, Section 10, Article VIII is
plain that the Constitution authorizes Congress to pass a law fixing another rate of compensation of
Justices and Judges but such rate must be higher than that which they are receiving at the time of
enactment, or if lower, it would be applicable only to those appointed after its approval. The
constitutional provision in question until it was finally approved by the Commission disclosed that the
true intent of the framers of the 1987 Constitution, in adopting it, was to make the salaries of members
of the Judiciary taxable.

May the preamble be referred to in the construction of Constitutional Provisions?

1. Aglipay v. Ruiz

Religious freedom as a constitutional mandate is not inhibition of profound reverence for religion
and is not a denial of its influence in human affairs. When the Filipino people, in the preamble of their
Constitution, implored the aid of Divine Providence, in order to establish a government that shall
embody their ideals, conserve and develop the patrimony of the nation, promote the general welfare,
and secure to themselves and their posterity the blessings of independence under a regime of justice,
liberty and democracy, they thereby manifested their intense religious nature and placed unfaltering
reliance upon Him who guides the destinies of men and nations. The elevating influence of religion in
human society is recognized here as elsewhere. In the present case, the purpose of the issuing of the
stamps was to take advantage of an event considered of international importance to give publicity to
the Philippines and its people and attract more tourists to the country.

Are the provisions of the Constitution self-executing?

1. Manila Prince Hotel v. GSIS

A constitutional provision is self-executing if the nature and extent of the right conferred and the
liability imposed are fixed by the constitution itself, so that they can be determined by an examination
and construction of its terms, and there is no language indicating that the subject is referred to the
legislature for action. In self-executing constitutional provisions, the legislature may still enact legislation
to facilitate the exercise of powers directly granted by the constitution, further the operation of such a
provision, prescribe a practice to be used for its enforcement, provide a convenient remedy for the
protection of the rights secured or the determination thereof, or place reasonable safeguards around
the exercise of the right. Hence, unless it is expressly provided that a legislative act is necessary to
enforce a constitutional mandate, the presumption now is that all provisions of the constitution are self -
executing.

Requirements for the publication of laws?

1. Tanada v. Tuvera, 1985

Publication in the Official Gazette is necessary in those cases where the legislation itself does
not provide for its effectivity date for then the date of publication is material for determining its date of
effectivity, which is the fifteenth day following its publication but not when the law itself provides for
the date when it goes into effect. The clear object Art. 2 is to give the general public adequate notice of
the various laws which are to regulate their actions and conduct as citizens. Without such notice and
publication, there would be no basis for the application of the maxim ignorantia legis non excusat.

2. Tanada v. Tuvera, 1986

The clause unless it is otherwise provided, in Article 2 of the Civil Code, refers to the date of
effectivity and not to the requirement of publication itself, which cannot in any event be omitted. This
clause does not mean that the legislature may make the law effective immediately upon approval, or on
any other date, without its previous publication. The legislature may in its discretion provide that the
usual fifteen-day period shall be shortened or extended.

Rule on construction of ordinances vis--vis Statute

1. Primicias v. Urdaneta

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 Act 3992), which was in force at the time the
criminal case was brought against Primicias.

Aids in construction

1. Archbishop of Manila v. SSC

Extrinsic Aids

In this appeal from an order of the Social Security Commission, we uphold the Commission's
Order dismissing the petition before it, on the ground that in the absence of an express provision in the
Social Security Act1 vesting in the Commission the power to condone penalties, it has no legal
authority to condone, waive or relinquish the penalty for late premium remittances mandatorily imposed
under the Social Security Act.

When Literal Construction is not Favored

1. Paras v. Comelec

Petitioner Danilo E. Paras is the incumbent Punong Barangay of Pula, Cabanatuan City who
won during the last regular barangay election in 1994. A petition for his recall as Punong Barangay was
filed by the registered voters of the barangay. Acting on the petition for recall, public respondent
Commission on Elections (COMELEC) resolved to approve the petition, scheduled the petition signing
on October 14, 1995, and set the recall election on November 13, 1995. Petitioner's argument is simple
and to the point. Citing Section 74 (b) of Republic Act No. 7160, otherwise known as the Local
Government Code, which states that "no recall shall take place within one (1) year from the date of the
official's assumption to office or one (1) year immediately preceding a regular local election". It is
likewise a basic precept in statutory construction that a statute should be interpreted in harmony with
the Constitution. Thus, the interpretation of Section 74 of the Local Government Code, specifically
paragraph (b) thereof, should not be in conflict with the Constitutional mandate of Section 3 of Article X
of the Constitution to "enact a local government code which shall provide for a more responsive and
accountable local government structure instituted through a system of decentralization with effective
mechanism of recall, initiative, and referendum . . . ."

VI. INTERPRETATION OF SPECIFIC TYPES OF STATUTES

TAX LAWS

How are tax refunds construed?

1. La Carlota Sugar Central v. Jimenez

Issue and Ruling: When the issue is whether or not the exemption from a tax imposed by law is
applicable, 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, the result being that statutory provisions for the
refund of taxes are strictly construed in favor of the State and against the taxpayer. Exempting from the
17% tax all fertilizers imported by planters or farmers through any agent other than their cooperatives,
this would be rendering useless the only exception expressly established in the case of fertilizers
imported by planters or farmers through their cooperatives.

Who has the burden of proof?

1. CIR v. CA Ateneo case

Issue and Ruling: The Commissioner erred in applying the principles of tax exemption without first
applying the well-settled doctrine of strict interpretation in the imposition of taxes. The Court ruled that
the private respondent is not a contractor selling its services for a fee but an academic institution
conducting these researches pursuant to its commitments to education and, ultimately, to public
service. For the institute to have tenaciously continued operating for so long despite its accumulation of
significant losses, we can only agree with both the Court of Tax Appeals and the Court of Appeals that
education and not profit is motive for undertaking the research projects.


2. Mactan Cebu v. Marcos

Issue and Ruling: Mactan Cebu International Airport Authority (MCIAA) is a taxable person under its
Charter (RA 6958), and was only exempted from the payment of real property taxes. The grant of the
privilege only in respect of this tax is conclusive proof of the legislative intent to make it a taxable
person subject to all taxes, except real property tax. Therefore, MCIAA has to pay the assessed realty
tax of its properties effective after January 1, 1992 until the present.

Tax sales construed?

1. Serfino v. CA

Issue and Ruling: The Court assailed decision of the appellate court declares that the prescribed
procedure in auction sales of property for tax delinquency being in derogation of property rights should
be followed punctiliously. Strict adherence to the statutes governing tax sales is imperative not only for
the protection of the tax payers, but also to allay any possible suspicion of collusion between the buyer
and the public officials called upon to enforce such laws. Notice of sale to the delinquent land owners
and to the public in general is an essential and indispensable requirement of law, the non-fulfillment of
which vitiates the sale. The inability of the Register of Deeds to notify the actual owner or Lopez Sugar
Central of the scheduled public auction sale was partly due to the failure of Lopez Sugar Central to
declare the land in its name for a number of years and to pay the complete taxes thereon.

LABOR LAWS

Rule on the construction of labor laws

1. Manahan v. ECC

Issue and Ruling: This Court applied the provisions of the Workmens Compensation Act, as
amended, on passing upon petitioners claim. The illness that claimed the life of the deceased may
have its onset before 10 December 1974, thus, his action accrued before 10 December 1974. Still, in
any case, and in case of doubt, the same should be resolved in favor of the worker, and that social
legislations like the Workmens Compensation Act and the Labor Code should be liberally
construed to attain their laudable objective, i.e., to give relief to the workman and/or his dependents in
the event that the former should die or sustain an injury. Pursuant to such doctrine and applying now
the provisions of the Workmens Compensation Act in this case, the presumption of compensability
subsists in favor of the claimant.

2. Villavert v. ECC

Issue and Ruling: 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. Further,
Article 4 of the Labor Code of the Philippines, as amended, provides that all doubts in the
implementation and interpretation of this Code, including its implementing rules and regulations shall be
resolved in favor of labor.

3. Del Rosario & Sons v. NLRC

Issue and Ruling: 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, and Article 107 provides that the provisions of the immediately preceding
Article shall likewise apply to any person, partnership, association or corporation which, not being an
employer, contracts with an independent contractor for the performance of any work, task, job or
project. 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.

INSURANCE

Rule in the interpretation of insurance provisions

1. Ty v. First National Surety

Issue and Ruling: Whether Diosdado Ty is entitled to indemnity under the insurance policy for the
disability of his left hand? While the Court sympathizes with the plaintiff or his employer, for whose
benefit the policies were issued, it cannot go beyond the clear and express conditions of the insurance
policies, all of which define partial disability as loss of either hand by an amputation through the bones
of the wrist. There was no such amputation in the case at bar.

2. De la Cruz v. Capital Insurance

Issue and Ruling: Eduardo de la Cruz was the holder of an accident insurance policy. Eduardo slipped
and was hit by his opponent on the left part of the back of the head, causing Eduardo to fall and death
in a non-pro boxing bout. Whether the death of the insured is covered by the policy? The terms
accident and accidental have not acquired any technical meaning, and are construed by the courts
in their ordinary and common acceptation. In the present case, while the participation of the insured in
the boxing contest is voluntary, if without the unintentional slipping of the deceased, perhaps he could
not have received that blow in the head and would not have died.

Ambiguous provision interpreted against insurer

1. Qua Chee Gan v. Law Union Insurer

Issue and Ruling: Whether gasoline may be construed as oil to warrant the forfeiture of claims under
the insurance policy? By reason of the exclusive control of the insurance company over the terms and
phraseology of the contract, the ambiguity must be held strictly against the insurer and liberally in favor
of the insured, especially to avoid forfeiture. There is no reason why the prohibition of keeping gasoline
in the premises could not be expressed clearly and unmistakably, in the language and terms that the
general public can readily understand, without resort to obscure esoteric expression.

CORPORATE LAW

Rule in the interpretation corporate law provisions

1. Home Insurance vs. Eastern Shipping Lines

Issue and Ruling: Whether a foreign corporation doing business in the Philippines initially without a
license can claim indemnity through Philippine Courts? The objective of the law was to subject the
foreign corporation to the jurisdiction of our courts. The Corporation Law must be given a reasonable,
not an unduly harsh, interpretation which does not hamper the development of trade relations and
which fosters friendly commercial intercourse among countries. The Supreme Court consolidated and
granted the petitions, reversed and set aside the CFI decisions. In L-34382 (Civil Case 71923), Eastern
Shipping Lines and Angel Jose Transportation Inc. are ordered to pay the Home Insurance Company.

NATURALIZATION LAWS

1. Co v. Republic

Issue and Ruling: Whether petitioner failed to comply with the requirements prescribed by law in order
to qualify him to become a Filipino citizen? Philippine law requires that an alien to conduct himself in a
proper and irreproachable manner during the entire period of his residence in the Philippines in his
relation with the constituted government as well as with the community in which he is living. In the
present case, in so stating that he believes merely in our laws, he did not necessarily refer to those
principles embodied in our constitution which are referred to in the law; the belief in democracy or in a
democratic form of government is not sufficient to comply with the requirement of the law that one must
believe in the principles underlying our constitution. Further, petitioner failed to show that he has
complied with his obligation to register his wife and child with the Bureau of Immigration as required by
the Alien Registration Act; and further failed to file his income tax return.

2. Lee Cho v. Republic

Issue and Ruling: Whether petitioner was able to comply with the requirements for naturalization? The
provisions of the Naturalization Law should be strictly construed in order that its laudable and
nationalistic purpose may be fully fulfilled. In the present case, the petitioner has not filed any
declaration of intention to become a Filipino citizen because, as he claims, he has resided continuously
in the Philippines for a period of more than 30 years and has given primary and secondary education to
all his children in private schools recognized by the government. This circumstance betrays the
sincerity of petitioner to become a Filipino citizen for if his motive were proper he should not have
tolerated such deviation from the educational requirement of the law. The petitioner, thus, has failed to
qualify to become a Filipino citizen.
VII. STATUTORY CONSTRUCTION IN AGRARIAN, RULES OF COURT, EXPROPRIATION,
ELECTION, AND WILLS LAWS
AGRARIAN LAWS

1. Guerrero v. CA

Issues and Ruling: Whether Benitez is a tenant within the meaning of the tenancy law to warrant
reinstatement to the plantation. Longstanding possession is an essential distinction between a mere
agricultural laborer and a real tenant within the meaning of the tenancy law, a tenant being one who
has the temporary use and occupation of land or tenements belonging to another for the purpose of
production. A hired laborer who built his own house at his expense at the risk of losing the same upon
his dismissal or termination any time, is more consistent with that of an agricultural tenant who enjoys
security of tenure under the law. The Supreme Court dismissed the petition for lack of merit, and
affirmed the CA decision.

RULES OF COURT

1. Bello v. CA

Issues and Ruling: Whether the formal impleading of the Court of First Instance is indispensable and
the procedural infirmity of misdirecting the appeal to Court of First Instance are fatal to the appellees
cause. The construction of statutes is always cautioned against narrowly interpreting a statute as to
defeat the purpose of the legislator and it is of the essence of judicial duty to construe statutes so as to
avoid such a deplorable result (of injustice or absurdity and therefore a literal interpretation is to be
rejected if it would be unjust or lead to absurd results. Thus, in the construction of its own Rules of
Court, the Court is all the more so bound to liberally construe them to avoid injustice, discrimination and
unfairness and to supply the void by holding that Courts of First Instance are equally bound as the
higher courts not to dismiss misdirected appeals timely made but to certify them to the proper appellate
court.

EXPROPRIATION LAWS

1. City of Manila v. Chinese Community of Manila

Issues and Ruling: Whether the Chinese cemetery may be validly expropriated by the City of Manila.
he exercise of the right of eminent domain, whether directly by the State, or by its authorized agents, is
necessarily in derogation of private rights, and the rule in that case is that the authority must be strictly
construed. No species of property is held by individuals with greater tenacity, and none is guarded by
the constitution and laws more sedulously, than the right to the freehold of inhabitants. When the
legislature interferes with that right, and, for greater public purposes, appropriates the land of an
individual without his consent, the plain meaning of the law should not be enlarged by doubtly
interpretation. The right of expropriation is not an inherent power in a municipal corporation, and before
it can exercise the right some law must exist conferring the power upon it.

ELECTION LAWS

1. Villanueva v. COMELEC

Issues and Ruling: Whether the informal withdrawal of Mendoza invalidates the election of Villanueva
as vice mayor. Section 28 of the 1978 Election Code provides for such substitute candidates in case of
death, withdrawal or disqualification up to mid-day of the very day of the elections. Mendozas
withdrawal was filed on the last hour of the last day for regular filing of candidacies, which he had filed
earlier that same day. Further, the will of the electorate should be respected, it should not be defeated
through the invocation of formal or technical defects. The will of the people cannot be frustrated by a
technicality that the certificate of candidacy had not been properly sworn to.

WILLS

1. In RE: Tampoy

Issues and Ruling: Whether the absence of the testators thumbmark in the first page is fatal to render
the will void. Statutes prescribing the formalities to be observed in the execution of wills are very strictly
construed. A will must be executed in accordance with the statutory requirements; otherwise it is
entirely void. Since the will suffers the fatal defect, as it does not bear the thumbmark of the testatrix on
its first page even if it bears the signature of the three instrumental witnesses, the same fails to comply
with the law and therefore cannot be admitted to probate.

OTHER RULES IN STATUTORY CONSTRUCTION

IX. STATUTE CONSTRUED AS A WHOLE AND IN RELATION TO OTHER STATUTES

1. Lozano v. Yorac

Issues and Ruling: Whether the denial of voluntary inhibition of Yorac in the disqualification of the
case of Lozano v. Mayor Binay; and reversal of the en banc resolution promulgated by COMELEC
dismissing the disqualification and criminal complaint against Binay on vote buying. Yorac has not been
mooted and Binay won the case and not proven guilty of vote buying.

X. SPECIAL OVER GENERAL

Rule regarding conflicting provisions of the same statute

1. Manila Railroad Co. v. Collector of Customs

Issue and Ruling: Whether the lower court is favor of MRR. Where there is in the same statute a
particular enactment and also a general one what is embraced in the former, the particular enactment
must be operative and the general enactment must be taken to affect only such cases within its general
language as are not within the provision of the particular enactment.

2. Almeda v. Florentino

Issue and Ruling: In the Charter of Pasay, RA No. 183 changed the composition of the Municipal
Board. What provision of law should govern? The court ruled that where there is specific law and a
general law dealing with the same subject, the specific law should prevail over the general one.


Rule regarding conflicting provisions of different statutes

1. Laxamana v. Baltazar

Issue and Ruling: The mayor of Pampanga was suspended by virtue of Revised Admin Code and the
Laxamana was appointed by virtue of Revised election Code. Whether Revised Admin Code should
prevail over Revised Election Code? The exceptional case is the suspension of mayors where the
Revised Admin Code prevails. In case of conflict between two provisions of law, it is well-settled
principle of statutory construction that a special provision is paramount to a general provision.

2. Butuan Sawmill v. City of Butuan

Issue and Ruling: Whether the existing laws include the franchise business of petitioners within the
coverage of the taxing ordinance is beyond the citys power of taxation. The inclusion of franchise
business of Butuan Sawmill is beyond the broad power of taxation of the city under its charter. Where
there are two statutes the earlier special and the latter general the special is considered as
remaining an exception to the general as a general law of the land, the other as the law of a particular
case.

Rule in case of conflict between a special provision of a general law and a general
provision of a special law

1. City of Manila v. Teotico

Issue and Ruling: Teotico a manager, sustained a laceration on his left eyelid and contusions on his
left thigh, sued Manila city for negligence citing Art. 2189 of the Civil Code. In defense, Manila City cited
RA 409, its Charter. Which provision of law should prevail? In terms of territorial RA 409 applies but
with regards to subject matter for negligence in general, Art. 2189 prevails making cities liable for
injuries sustained due to defective streets in particular.

2. David v. Comelec

Issue and Ruling: Alex David, a Brgy Captain in Caloocan City, questioned Comelecs scheduling of
barangay elections. How long is the term of barangay officials. RA 6653 provides that term of office of
barangay officials shall be for five years, however RA 7160 when it was enacted reduced the term of
all local elective officials to three years.

Amendment, Revision, Codification and Repeal

1. Tac-an v. CA

Issue and Ruling: Tac-an, a lawyer of Acopiado brothers, whose services was terminated and his
payment of services by a land title was annulled by the brothers. Whether repealing of Admin Code of
Mindanao and Sulu, should be given retroactivity; and whether the transfer of land to Tac-an was valid.
Tac-an argued that such provisions in Admin Code of Mindanao and Sulu was repealed, but since the
Admin Code were substantive in nature, the repealing statute cannot be given retroactive effect.

2. Villegas v. Subido

Issue and Ruling: The Supreme Court ruled that repeals by implication are not favored and will not be
so declared unless it be manifest that the legislature so intended.
Two requisites: 1) It must be shown that the statute deal with the same subject matter; and, 2) the latter
is inconsistent with the former, or irreconcilable with what had been formerly enacted, and what is
needed is a manifest indication of the legislative purpose to repeal.