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    DLSU LAW Statutory Construction Justin Suegang statues 2 Curative 2 Mandatory introduction 4 Directory S. Substantive law. a rule of conduct formulated and made 6 Remedial obligatory by legitimate power of the sate 2. Penal Statute-an act ofthe legislature, as an organized body, expressed in the form, and passed ‘according tothe procedure required to constitute Itas partof the law of the land.* Classification: ‘According to scope: 1. Public- affects the public t large or the whale community 2. General- applies to the whole state and operates upon all people or all class; does not omit, any subject or place b. Special: relates to a particular persons or things or class or toa particular community Local: confined to a specific place ‘or community 2. Private- applies to specific person or subject According to duration 1, Permanent- operation isnot limited in duration but continues until repealed 2. Temporary: duration is for limited period; ceases upon the happening of an ‘event for which it was passed Other classifications ‘According to opplication 1. Prospective 2. Retroactive ‘According to operation: 1. Declaratory “pian Dacron 5g ata ow Maes) 08 Eee ede during te vitnary perenne ae 3a ens tes se they werepssed ne rset nthe ‘strc ah nate power. on According to form: 1. Affirmative 2. Negative ‘Manner of referring” 11 Public Act: passed by Philippine ‘Commission and Philippine Legislature (4901-1935) 2. Commonwealth Aet- passed during the Commonwealth (1936-1946) 3. Republic Aet- passed by Congress of the Philipines (1946-1972:1987-present) 4. Batas Pambansa. pacced by Bstarang Pambansa Enacting statutes Legislative power- authority to make laws, and to alter and repeal them ‘This is held by the people, in thetr original, sovereign and unlimited power. But they have vestedit in the Congress of the Philippines.” Procedures in passing. law: "apart from the provisions in the Constitution (Sec. 26 Par 2, Art. Vi)’, each house has its own Saas sen pambwed ans as arame "section 1 (Cons Te esave per she vse in the “1 (0 No pees eter House sa bcone om nee JUSTIN SUCGANG | BLOCK 2 ATTY. WIGBERTO TANADA, J. DLSU LAW etailed procedures embodied in their Rules (Sec. 16 Par. 3, Art. VI), 1. Abilsintroduced by any member of the Congress, signed by the authors and filed with the Secretary of the house. May introduce in either house except appropriation, revenue or tariff bills, bills authorizing increase of public debts, bills ‘of local applications, and private bills (Sec. 24 an.) 2, First reading: Secretary reports the bill for first reading: + Reading the title and number of bil Referral to appropriate committee for study and recommendation - Committee may hold public hearings and submit its report and recommendation for Calendar for second reading 3. Second reading- bil shall be read in full with the proposed amendments by the committee Subject to debates, pertinent ‘mations and amendments After these, bill shal be voted upon 4, Third reading- final vote by yeas and nay’ “after a house has approved thelr own version, it il be transmitted to the other house, which will follow the same procedures. f without amendments, the bills passed by Congress and is submitted to the President. If there are ‘Meer andthe yeas ara ays emereaia he oul as “alaporeniton event oars, basanertne ners ot shpat, and a a grea care wih amare readings on septate ay ad ped copie ial em maybe ‘Spend wi Tle weary Ranh oo) | ‘amendments, there willbe a Conference Committee 5. Conference Committee. this is where the differences will be settled. The amendments introduced in this level will have to be approved by both Houses for passages 6. Approval and authentication - signing of the Senate President and the House Speaker and their respective secretaries (€nrotied Bil) 7. Submission to the President.” Allis passed in three ways: 1. When the president signs it 2. When the president does not sign nor communicate his veto ofthe bill within 30 days after his receipt 3. When the vetoed bill is repassed by Congress by two-thirds vote of all its members, voting separately. Enrolled bill the bill as passed by Congress, authenticated by the House Speaker and Senate President and approved by the President Rule: The text of the act as passed and approved is deemed importing absolute verity and is binding on the courts. If there has been any mistake in the printing eras ene diferent fom hase thts Howes ore ‘nay dal gear win the ject mateo recy 3h ‘erences er even rtocuce new pone However, Msi ‘thsfortne poner of eames se boa. Thay me ui scenst cal is the Tha House Ppa oe Psouatany Patel. section 21 (2 ry il pasa bythe Congres sha, ble Smee sat seo otherwise, he sal veto iad etn he sae ‘wth sobjectons tothe Rowe where Merginte, whith hal ‘Sh iuze ullage os the bi shal bese, txt wth the obesans othe three by wh Rebalakewse be ‘em a pony ost te nos of ‘uw hall detarrive ype ma andrea the emoers voting or enn al be ered noun Te ‘ovate win ty doy afe dato ee eres, cher, became bw fhe a Snes JUSTIN SUCGANG | BLOCK 2 ATTY. WIGRERTO TANADA, JR DLSU LAW ofthe bill before it was certified, the remedy is by amendment by enacting a curative legislation and not judicial decree." Bresumation: It carries on its face a solemn assurance by the legislative and executive departments of the ‘government that it was passed by the assembly. Hence, the respect due to co: equal and independent departments requires the judiciary to act upon that assurance and to accept all bills duly authenticated." Journal Entry-a requirement by the Constitution to each house of the Congress (Sec. 16 Par. Art. wy ~ conclusive with respect to matters that are required by the Constitution to be recorded therein = based from considerations of public policy “Enrolled bil v, Journal Entry particularly with respect to matters not expressly required to be entered into the legislative record,” Exception: When the Speaker and Senate President withdraw their respective signatures from the signed bill where there is serious and substantial discrepancy between the text of the bill as deliberated and shown by the journal and that of the enrolled bill." “exch House shal ep ournal a rceeegs and Isjedgmen, tet nana seat andthe eas nd mo 9 Sues isthe rust tne ty of he Maren peso oH Parts of a statute ‘ase of conflict, the enalles bill shoul prevall, a ee 26(3 fr pane by he Congr connote heh sal exprened nthe ie treat 3 Title = Bill must embrace only one subject expressed inits title! = But must not be an index te, or be an ‘exhaustive catalogue of the body of the act as to cover every single detail + Its enough that the ttle indicates the general subject, and reasonably covers all provisions of the act and not calculated to mislead the public Reasons: + Prevent hodgepodge or log-rolling legislation = Prevent fraud and surprise through introduction of provisions not {germane to the statute (which have not received notice, action and study of the legislators) = Language that must be sufficient to notify the legislators and the public + Title serves as guide to ascertain legislative intent How construed: + Should be liberally construed = _ Not be given technical interpretation nor narrowly construed to cripple or impede the power of the legislature = Ifthere is doubr, it should be resolved in favour af the one ttle-one subject (resumption of constitutionalty) Preamble = Prefatory statement or explanation (finding of facts, reciting the purpose, Feason, of aecasion for making the law). Hence, important role in construction = Usually found after the enacting clause and before the body in presidential decrees and executive ‘orders JUSTIN SUCGANG | BLOCK 2 ATTY. WIGRERTO TANADA, JR. DLSU LAW + Legislature seldom puts this because the reason for the law is contained in its explanatory note Enacting Clause = Part written immediately after the title = States the authority by which the act is enacted + Contains the phrases, “Be it enacted by.” or "Now, therefore, |. by virtue of the powers in me vested by the Constitution, do hereby decree...” Purview/Body of the Statute = What the law is all about ~ Should embrace one suibject matter + The provisions, although different and diverse, must be alied and germane to the subject and purpose of the bill + Usually divided into sections [aumbered and contains a single proposition) = Usually includes a short tile, paicy, definition, administrative sections, sections prescribing standards of conduct, imposing sanctions for violations ofits provisions, transitory provisions Separability Cause + States that if any provision is declared Invalid, the remainder shall not be affected Presumption: Legislature intended a statute to be effective as a whole and would not have passed it had it foreseen that some part ofitis invalid. Exception: Where provisions cannot stand alone as to those left, after the vold part, Is not complete and workable Repealing Clause effectivity Clause = When the law takes effect on = Usually 15 days from the publication in the Official Gazette” or ina newspaper of general circulation” ‘Kinds of statutes 1. Legislative acts 2. Presidential issuances- those which the President issued in the exercise of his ordinance power (Chapter 2, Book I, AC) 3. Sec. 2, Executive Orders. - Acts of the President providing for rules of a general or permanent character in implementation or execution of constitutional or statutory powers shall be promulgated in executive orders. b. Sec. 3. Administrative Orders, - Acts of the President which relate to particular aspect of governmental operations in pursuance of his duties as administrative head shall be promulgated in administrative orders. 6 See. 4, Proclamations, - Acts of the President fixing a date or declaring a status or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend, shall be promulgated in proclamations which shall have the force of an executive order. d. Sec. 5, Memorandum Orders. - [Acts of the President on matters of administrative detail or of subordinate or temporary Interest which only concern a "2 [CC ave sal ake tt ater ee dys owing ne ‘ompitin ofthe pubicaton inthe fl cate, ile Ri ha 38 (Alo sal afc aac fan (5) allwing enone’ fend Sreuon ess oe ped JUSTIN SUCGANG | BLOCK 2 [ATTY. WIGBERTO TANADA, JR DLSU LAW particular officer or office of the Government shall be embor ‘memorandum orders. Sec. 6, Memorandum Circulars, - Acts of the President on matters ‘eating to internal administration, which the President desires to bring to the attention ofall or some of the departments, agencies, bureaus cr offices of the Government, for information or compliance, shall bbe embodied in memorandum circulars. See. 7. General or Special Orders.- Acts and commands of the President in his capacity as Commander-in-Chief of the ‘Armed Forces of the Philippines shall be issued as general or special orders. 3. Administrative rutes and regulations. Issued by administrative or executive offices in accordance with, and as authorized by, law have the force and effect of law or partake the nature of the statute Requirement for validity: 11. Provisions should be germane to the ‘objects and purpose of the law. 2. Not in contradiction with, but conform to, the standards that the law preseribes 3. They be for the sole purpose of carrying into effect the general provisions ofthe law “The rule-making power of a public administrative agency isa delegated legislative power. It may not use its power to bridge the authority to enlarge its power beyond the scope intended. ‘The law passed by the legislature should be: (1) complete in itself, and (2) should fica standard, in order for an ‘administrative agency to fill in the details o) in the execution, enforcement and administration of said law. ‘Administrative rute- promulgating ‘anew law with force and effect of avalid law. = Administrative interpretations- rendering an opinion or giving statement of policy “The rules are binding upon the Courts, but the interpretation is not. 44. Supreme Court rule-making power: the Constitution granted the Supreme Court to promulgate its own rules (Sec. Par. 5, Aet.vil}* *Usually procedural ony for only the legislative department may create substantive laws. 5. Local government units- power to enact ordinances” Requirements of validity” 1. Not contravene the Constitution or any statute 2. Not be unfair or oppressive 3. Not he partial or discriminatory 44, Not prohibit but may regulate trade 5. General and consistent with public policy 6. Not unreasonable rangay/Municipal/City/Provincial ‘ordinances (9) oma aes eancaring te pectin sd etoreement of essen Hen Beare pace, ah ‘pecdy dupsitonf ere st be unr or acouts tthe sree ant dh rn oats JUSTIN SUCGANG | BLOCK 2 ATTY. WIGBERTO TANADA, JR DLSU LAW Passed by majority vote of council members = Submitted to the mayor for municipality), if unacted for 10 days, considered passed; governor (for province), if unacted for 15 day, considered passed = Vetoed ordinance may be passed by avote of 2/3 of councl members ~ Subject to review by sangguniang bayan o panglunsod/sangguniang panlalawigan ~ no action in 30 days, ordinance willbe presumed consistent with laws Valiity of statutes Presumption of validity Basis: Before the legislature passes bil, t has decided the measure to be constitutional. And when the President approves the bill, he has been convinced of its validity. Effect: To justify the nullification ofthe law, there ‘must be clear and equivocal breach of the Constitution, not a doubtful and argumentative implication. “The final authority ta dedlare uncanstitutionality isthe Supreme Court sitting en banc (Se. 4 Par. 2, ‘Art. vil)* power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable 5a sit nay aay byte arene cout nore ane ster nn de he Ince tne eocteatycptaton oouatn ot Shale eqstons lve ned theconcuenscf a Snibekanbteecaivanditen see LA MI Con) on 2. Determine whether or not there has been 1 grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. Beauisites: 1. Adtual ease and controversy 2. Locus standi 3, Raised at the earliest possible time 4, Us moto of the case ‘Actual case and controversy + There must be a justiciable controversy (can be decided on grounds recognized by the law) Exceptions: Political questions- issues dependent upon wisdom not the legality of the law Locus standi = Legal standing ta sue +The person has substantial interest in the case such that the party has sustained or will sustain dleect injury 1, Citizen standing-sutfered some actual or threatened injury as a result (of the allegedly illegal conduct of the government (Tanada v. Tuvera) 2. Taxpayer's standing: public funds have been disbursed in alleged contravention ofthe law or Constitution (ITF v. COMELEC) Basis: Expenditure of public funds by an officer of the state for the purpose cof administering an unconstitutional act constitutes a misapplication of such funds 3. Legislator’s standing: when their powers are impaired; questioning the validity of a presidential veto (Oplev. Torres) 4. Transcendental significance- the Court has adopted a liberal attitude (brushing aside technicalities of procedure) on standing where the petitioner has shown that an issue JUSTIN SUCGANG | BLOCK 2 ATTY, WIGBERTO TANADA, JR DLSU LAW hhas paramount importance to the public (Chavez v. PEA and AMAR!) Raised at the earliest possible time Question must be raised in the pleading, complaint, information or petition by the plaintiff or petitioner orin the answer by defendant or respondent. Exception: 1. Can be raised in a motion for reconsideration ifthe statute sought to be invalidated was not in existence when the complaint was filed. 2. -Atany stage of the proceedings ina criminal case® 3. Where the determination of the question Is necessary to the decision for civil cases! 4. Where it involves jurisdiction of the court below’ Lis mota of the case +The Court may not pass upon the validity of a statute if it can decide the case on some other grounds ~ ifthe only issue is the a constitutional {question which is unavoidable, the Court should confront the question and decide the case on the merits Test of constitutionality 1, Must not contravene the Constitution or any statute 2, Must be general and consistent with public policy 3. Must not be unfair or oppressive 4. Must not be partial or discriminatory 5, Must not be unreasonable 6. Must not prohibit but may regulate trade Grounds for nullification en ‘Not within the legislative power to enact 2. When it allows something to be done Which the fundamental law condemns oF prohibits 3. Vagueness- lacking comprehensible standards that men of common Intelligence must necessarily euess at its ‘meaning and differ in its application Basis: = Violates due process for failure to accord the people fair notice of what conduct to avoid Leaves law enforcers unbridled discretion in carrying out its provisions and becomes an arbitrary flexing of the overnment muscle Effects of unconstitutionality General rule: An unconstitutional act is nota law, Confers no right, imposes no duties, affords no protection, creates no office; in legal Contemplation, inoperative as though it had never been passed ‘This is also known as the orthodox view. Not ‘only the parties but all persons are bound by declaration of nullity; no one may invoke it nor ‘may the courts be permitted to apply it subsequently ‘The orthodox view is expressed in Art. 7(CC)2” However, it is not always the case that alaw is. constitutionally faulty per se (.e., may be valid in its general import but invalid in its application to certain situations). A judicial declaration of nullity ‘may not necessarily obliterate all the effects and consequences of a void act occurring prior to such declaration. A situation that i fait accompli may no longer be open for inquiry, let alone to be unsettled by a subsequent declaration of nullity of a statute. ‘Modern view Fhe (| Wane curt scare alan tobe icoaitent ath JUSTIN SUCGANG | BLOCK 2 ATTY. WIGBERTO TANADA, JR. DLSU LAW The court does not annul ar repeal statute it violates Constitution; it simply refuses to recognize itand determines the rights of the parties just as ifithad no existence The decision affects the parties only + Nojudgment against the statute: opinion of the court may act asa precedent, but it does not strike out, repeal, supersede, revoke, oF annul it Exception: Invalidity Due to Change of Conditions Inapplicable to a statute that is declared Invalid because of the change of circumstances affecting its validity (emergency laws). The declaration of their nullity should be applied prospectively, and affect only the parties involved inthe case, Partial Invalidity General rule: Where the part ofthe statute Is \oid as repugnant to the Constitution, while another part is valid, the valid portion, if separable from the invalid, may stand and be enforced (separability clause) Beason, Legislature intended a statute to be effective as a whole and would not have passed it had it foreseen that some part of it is iwalid Exception: When the parts of the statute are so mutually dependent and connected, as conditions, considerations, inducements, or compensations for each other, as to warrant a belief that the legislature intended them as a whole, the nulity of ene pare will vitiate the rest Effectivity of statutes ‘General rule: Statutes continue to be in force until ‘changed or repealed by the legislature. *Not changed by change of sovereignty, conquest 07 colanization, oe 1. Forstatutes proper, usually 15 days from the publication inthe Official Gazette or ina newspaper of general circulation,” unless provided otherwise. But the ruling ray seem in contradiction with the PVB Employees Union v, Vega, the phrase “unless otherwise provided” provided an exception as to the date of effectivity of a statute. 2. Forissuances, rules and regulations, there should be a publication” and fling in the the UP Law Genter 3. Forordinances, Sec. 59 ofthe Local Government Code shall apply.”” ae. 21 Lesh ae ect ater een dy tlloninesne complete of ta sublet nthe fea see west "se 18 (AC Laws shal take effec after fiteen (19) ys followin ‘necampatan othe pubiestinn nthe ote Cte rina “Sec 3 ook (AC) ing (1) Every agency sal fle wah the Linney the Pines Contr nes ceri capes of ‘veya adopted opt sin foe onthe cate echt ot {stags oma are ted wth vee (3) mae rom ta te eect of Ornonces or Reston |) Unies others ted inthe orranceorthe soliton 2pprvng thecal development flanans pute mermertpeogram ee ame shale ttc sar fen) day ram te ates eopy ret pote x bul beardat te envarce of te prove eaptol ty, mune rangy tl thse maybe aon st east} ther (3) The secretary tthe ssgguriancnceredsal cae the “rtane of the ronneal capt an ect, mune or ‘eaney alin at ast to (2 craps placer hela Sovirmert unconcerned not bterthan ve (dpe er ‘reese by may oe pean te grime spreads postin ieithegset aarinaneas wth penal sao shal be publish tncalogtave body concerned ang, tne stsence oy frowns where sanggunan ef onan estes (@intweaeot ahh urbanued dues the ma features ofthe tem posted, be published ance in local newspaper of general JUSTIN SUCGANG | BLOCK 2 ATTY, WIGBERTO TANADA, IR. DLSU LAW ‘Manner of computing tim When the laws speak of years, months, days or rights, it shall be understood that years are of three hundred siaty-five days each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise. {if months are designated by their name, they shall bbe computed by the number of days which they respectively have, Jn computing period, the first day shall be ‘excluded, and the last day included.” Exception: Computation of the prescription of a rime, if the last fell on a Sunday or 2 legal holiday, a charge cannot be filed on the next working day since it shall be considered prescribed, “an 13 (C0 oH JUSTIN SUCGANG | BLOCK 2 ATTY, WIGBERTO TANADA, JR DLSU LAW CONSTRUCTION AND INTERPRETATION. -Art or process of discovering and expounding the ‘meaning and intention of the authors of the law, where that intention is rendered doubtful by reasons of ambiguity in its language or the fact ‘thatthe given case is not explicitly provided for in the law. Basis: Because of infirmities of language and the limited scope in legislative drafting. Interpretation. Art of finding the true meaning and sense of any form of words Construetion- Drawing warranted conclusions net always included in direct expressions, oF determining the application of wards ta facts in litigation." Purpose: Ascertaining the true intent of the legislature, ‘Assumption: The legislature enacts a law with the tend in view that it wil, in cases of doubt, be construed in accordance with the settled principles of interpretation. ‘Rules of statutory construction are used to ascertain legislative intent. But they are not rules of law but mere axioms of experience, hence, not binding nor controlling on the courts. Legisfotive intent is the essence of the law. itis ‘the spirit which gives life to legislative enactment Legislative purpose- reason why 2 particular statute was enacted Legislative meaning. what the law, by its language means ‘The primary source of legislative intent should be the statute ise. Power to construe ‘The duty and power to interpret or construe a statute or the Constitution belongs to the Judiciary (Sec. 4 Par. 2, Art, VII). eo — Its the Coure whieh has the final say as to what the law means. Limitations: The Court can only construe an applicable law in controversies which are ripe for ucicial reselution. Neither moot nor academic (purpose has become stale or where no practical relief can be granted or which can have no practical eect) Exception: If the issue is “capable of repetition yet evading review’ especially where public interest requires its resolutions * ‘The legislature has no power to overrule the Interpretation made by the Court.” ‘Meaning: The legislature cannot, by law or resolution, modify or annul the judicial construction without modifying ar repealing the very statute which has been subject of construction. Exceptions: 1. When the Supreme Court reverses itself 2. Byamending the Constitution 3. Byenacting a new statute Endenea v David AR a juleal declaration interpreting aconsttutianal provision that taxing sa form of diminution of salary, Congress enacted a lw to include justices and members ofthe judicial body inthe scope of taxing power ofthe government, Held: Congress cannot, by law, modify an interpretation of the Constitution made by the court Including the judicial officers tothe scope of taration is 4 form of interpretation ofthe Constitutional provision ‘against diminution of salaries. ‘When to construe ua gtr may care wha aaa mens bat have natal sete ts meng by epee Dept decison, ts euler cute canton” ensenea eas) JUSTIN SUCGANG | BLOCK 2 [ATTY, WIGBERTO TANADA, JR DLSU LAW Condition sine qua non: Before the court may use its power to construe, there must be ambiguity in the language of the statute. For where there is no ambiguity, there is no room for construction, only ‘for application, Ambiguity- condition of admitting two or more ‘meanings, of being understood in more than one ‘way, or of referring to two or more things at the same time. “susceptibility to more than one interpretation ‘More application, less construction = The first and fundamental duty of the court is to apply the law. Construction comes only after there has been a showing of ambiguity, hence, application is impossible Verba legis (Plain meaning rule) = Where the statute is clear, plain and free from ambiguity, it must be given its literal meaning and applied without interpretation. = Where the law speaks in clear and categorical language, there is no room for interpretation. There is only room for application.” Law cannot be changed under the guise of interpretation. ‘Maxim: index onimi sermo est (speech is the Index of intention) Presumption: The wards employed by the legislature in a statute correctly express its Intention or will and preclude the court from construing it diferenty. ‘Slvaw Cabrera Cabrera wanted ta construct an ice plant even if there ean exrting one already owned by pettioner. The case was brought to the Public Service Commission, and the agency appointed Atty. Espelleratohhear the ‘ase and receve evidence, The PSC rendered a decison allowing respondent to operate. om eld: Where the law isles, there is only room for application. Although the law granted the PSC to appoint an attorney to take testimony ofthe witnesses if residing distant from Mania, the law is clear that only the commission can hear, receive evidence, and render decision, ‘Quijano v.pge Petitioner 2 veteran, obtained 2 loan fram DP. He ‘wanted 0 pay the subskting obligation through the backpay certificate Held: The law s clear, backpay certificate may only be used to pay forthe laan if the subsisting obligation was obtained prior to the passage of RA 897. A subsisting ‘obligation may only be considered after receipt of the loan, not on the day of awarding of application (since, ‘here was silo obligation at that time), Commissioner of internal Revenue v. Limpan Investment The BIR found that respondent had tax deficiencies for ‘more than two years. They brought the case to the CCoutt of Tax Appeals where it held that the interest ‘and surcharge should start fom peviad where the {decision became final Held: The National ternal Revenue Code clearly stated that in computing the interest and surchat the tax deficiency t should start from the date of noice and demand. The CTA, therefore, made an error winere fixed a new dat. of People. Mapa ‘Mapa claimed that he wasaseeret agent of Governor Leviste when he was charged for Mega possession of unlicensed frearms. eld Bithough was eater held that secre agents maybe exempted from possession of firearms since ‘they do the work of peace officers, the Revised Administrative Code clearly enumerated those who ‘maybe exempted, and secret agents were not Included. (Chartered Bank Employees v. Ople Employees of Chartered Bank complained that they were not paid for the 10-day holiday. Employer said tata circular made by Sec, Ople darned that regular employees are presumed to be paid forthe whole year, thereby also counting holiday. Held: The Labor Code ceariy stated that holidays should be pai by the employer to regular employees, hence, the cular is invalid. Moreover it was also found out thatthe computation for the salaries die not JUSTIN SUCGANG | BLOCK 2 ATTY, WIGBERTO TANADA, JR. DLSU LAW include said holidays, ence, the employer is eally lable for sald payment. Melencires v. COMELEC -Melencres lost to Concepcion ina barangay election. Ho filed an election protest oan MTC. Concepcion filed 2 pattion to the COMELEC and moved to dismiss itupon knowing that no docket fee waspaid. Hence, petitioner questioned the jurisdiction ofthe COMELEC, Held: Payment of docket vests jurisdiction toa court (Gatchalln v CR). Non-payment ofthis means no procest must be given due course. The COMELEC Is Fight when it smssed it since ts Rules of Procedure provided that protests shouldbe filed 10 days ater the proclamation; the payment was done 25 days after Said proclamation, ‘Ratio legis (Spirit of the law) = Maving away from the literal Interpretation ‘Maxims: ratio legis et anima legis (the reason ‘of the law is its soul); ratione cessat lex et cessat lex (when ‘the reason ofthe law ceases, the law ceases) Presumption: The letter ofthe law ists hoc; the spirit (reason), the soul; and the ‘construction of the former should never be so rigid and technical as to destroy the latter. ‘People v.Nazavio Nazario, a lessee of land used as Fishpond, was taxed Under @ municipal ordinance. He contended that saié ordinance was vague. Held: The aw is not vague. The word “owmer” should be construed as toinclude petitioner. Since the ands ‘owned by the government, for haa mere lessee, i canaot be sad tha the tax should shouldered by the latter for being the owner. Petitioner, being the ‘operator ofthe pond, manager ofthe warkers, and the ‘one who ets profit from it should be responsible for the tax burden, ‘Usua was charged with a case For allegedly using an alias in claiming 2 complaint. Since the messenger of his legal counsel was attending some personal matters, petitioner asked fr the permission to use the rmessenger's name. Later, it was found out that he signed using that messenger’sname ‘Hela: The law penalizing the use of allases should not be construed lteraly. I shouldbe interpreted inlight on ofthe purpose it serves and the evils it seeks to prevent. Ursua’s use of fititious name ina single Instance without any sign that he intended to be known by this name doesnt fall within the provision ofca3a2, Supreme Court rulings part of the legal system Judicial decisions applying or interpreting the laws or the Constitution shall form part ofthe legal system of the Philippines.” Maxim: legs interpretato legis vim ebtinet (the authoritative interpretation of a statute acquires the force of the law by becoming a part thereof) = As ofthe date of the date of enactment ~ Interpretation establishes the contemporaneous legislative intent stare decisis et non quieta movere = When the Supreme Court has once laid down a principle of law as applicable toa certain state of facts, it will adhere to that principle and apply toall future cases where the facts are substantially the same = Assures certainty and stability in the legal system Pesfecto v. Meee Held: ‘ndenciav David Following the ruling n Perfecto v. Meer that a tax on SC justices and other officials ofthe judiciary isa ‘diminution of thelr lary, contrary tothe Canstitution, Congress enacted a law including subjecting them to income tax and dedaring that itis net a diminution of thes salary Hel Congress cannot overrule, na legislative action, 2 construction of a constitutional prowsion made by the Court In declaring that “subjecting court officals taincame taxienot a diminution af thei 2aiay,” they ar invading the province ofthe Court to interpret laws ‘eonle-v canton * at (C0) aia ecko apphingarerpetig hea or Peotone JUSTIN SUCGANG | BLOCK 2 ATTY, WIGBERTO TANADA, JR, DLSU LAW “The metal detector beaped when Susan Canton passed through it Italy she said thot was only money, but the lady fisher called her superior. She was brought Inside restroom and win freed. Several grams of shabu was Foun inher abdominal, gerital, and thigh Held: Although the Constitution grants the ight to Pusey, the Tey search conducted to her i valid. The atrest without a warrant was justified since it was only Carried out upon discovery and recovery of shabu in hers tuled in People v-Johnson, Daf sur Respondent inherited a land which they devoted for cattle breeding tnitialy they availed of voluntary offer to sell because of incentives, but withdrew it after the CCourt promulgated the doctrine exempting agricultural lands used for poultry and livestock breeding in Luz Farms v. DAR Secretary. Paltioner only granted partial exemption on the basis of an administrative order ‘ssued, Held The ruling ofthe Cour should be enforced In is Interpretation in Luz Farm, it clearly declared the ‘exemption of sad lands used in poultry and livestock. Te administrative order providing for 811 ato is unconstitutional. Although the DAR may Isue orders and tegulation, these are subject to judial review. ‘The interpretation ofa statute remains to be part of the legal system until the Supreme Court overrules it and the new doctrine overruling the ld is applied prospectively in favour of parties who relied on itn good faith, “Judicial ruling cannot be given retroactive effect if to do so will impair vested rights and the parties relied on it in good faith. ‘Maxim: lex prospcit, non respicit (the law looks forward, not backward) ‘columbia Pictures. CA ‘iter being granted a petition fora search warrant in an allege place where pirated movies were produced, ‘the Ci dismissed the case when the SC promulgated a now doctrine requiring the presentation ofthe master copy. Held though court interpretations are deemed part of thelaw during its enactment, it ould notbe applied retrospectively espedaly when Itintroduces a ew ruling and vested rights were accrued before (production of master copy). oH People w.Uecera Defendant was charged with legal possession of, firearms. He contended that he is exempted from this rule saying that he was «secret agent employed by Gov. Leviste of Batangas. Held: although the then prevaling ruling was People, ‘Mapa, where secret agents are not anymore considered as peace officer, therefore, not exempted {rom permit to carr firearms, it was non-existent when icera was charged, The then ruling was People \ Macarandang where the Court interpreted secret agents 25 peace officers. Hence, the latter should apply to this case since Licera relied on tin good faith *Only Supreme Court sitting en banc may modify fr abandon an established principle of law, not any division (See. 4 Par. 3, Art. Vil)! Exception: f the Court has stated in a decision net ‘3 principle of law buta mere obiter dictum (a ‘thing said in passing), a division may validly reject or disregard it ‘The Court has the duty to formulate guiding and controling constitutional principles, precepts or doctrines, The power to issue guidelines is not julicial legislation, the Court mezely defines what the laws. Examples: 1. Partylist: Ang Bagong Bayani-OFW Labor Party v. COMELEC 2. Psychological incapacity: Republic v. CA. ‘and Molina 3, Anti-subversion: People v. Ferrer 4. Rights when arrested: Morales v Enrile “ lean Several workers of respondent died when the mine collapsed. The petitioners asked for compensation ‘which was given. After leaming that there wae negligence on the part ofthe company petitioners sued and asked for damages under the Civil Code. 9) cases mates eae bye ison sat be decider rested withthe convene af amar the eras who thee of sch Memers When the equied number i nt beamed, the eve shalloedecieden one: Provide, ht dete or Prrepea owl down by the eau mo eeson ender or JUSTIN SUGGANG | BLOCK 2 ATTY, WIGBERTO TANADA, JR, DLSU LAW Held: There was no|ulcial legislation when the Supreme Cour helé that petitioners can stil claim

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