Professional Documents
Culture Documents
Petitioners - filed a "motion to dismiss" [quash] on the Oppositions to the petition were filed by petitioner Jovito
ground that the CFI of La Union has no jurisdiction over O. Claudio, Rev. Ronald Langub, and Roberto L. Angeles,
the offense charged in the said indictment as the court had alleging procedural and substantive defects in the petition,
been pre-empted from taking cognizance of the case by to wit: (1) the signatures affixed to the resolution were
the pendency in the CFI of Bulacan of criminal case 6258- actually meant to show attendance at the PRA meeting; (2)
M. This motion was opposed by the prosecution. most of the signatories were only representatives of the
parties concerned who were sent there merely to observe
ISSUE: Should criminal case A-392 be dismissed for lack the proceedings; (3) the convening of the PRA took place
of jurisdiction under Sec. 46 of C.A. 613? within the one-year prohibited period; (4) the election case,
2 filed by Wenceslao Trinidad in this Court, seeking the
HELD: annulment of the proclamation of petitioner Claudio as
No. The court a quo erred in refusing to take cognizance mayor of Pasay City, should first be decided before recall
of criminal case A-392. The word “or” in Sec. 40 of C.A. proceedings against petitioner could be filed; and (5) the
613, as amended, which punishes “any individual who recall resolution failed to obtain the majority of all the
shall bring into or land in the Philippines or conceals or members of the PRA, considering that 10 were actually
harbors any alien not duly admitted by any immigration double entries, 14 were not duly accredited members of
officer or not lawfully entitled to enter or reside within the the barangays, 40 sangguniang kabataan officials had
Philippines” does not justify giving the word a non- withdrawn their support, and 60 barangay chairs executed
disjunctive meaning, the words “bring into,” “land,” affidavits of retraction.
“conceals,” and “harbors” being four separate acts each
possessing its distinctive, different and disparate meaning. COMELEC- granted the petition for recall and dismissed
The accused in criminal case A-392 are charged only with the oppositions against it. The COMELEC ruled that the
bringing in and landing on Philippine soil the 39 aliens, petition for recall did not violated the bar on recall within
while the accused in criminal case 6258-M are charged one year from the elective official's assumption of office,
only with concealing and harboring the said aliens. It is and that recall is a process which starts with the filing of
absurd to draw a conclusion of conspiracy among the the petition for recall. Since the petition was filed on July
accused in both criminal cases. 2, 1999, exactly one year and a day after petitioner
Claudio's assumption of office, it was held that the
7. Word and phrase in relation to other provisions petition was filed on time.
GR: A word, phrase or provision should not be construed ISSUE: Whether the one-year prohibited period in Sec. 74
in isolation but must be interpreted in relation to other of the Local Government Code embraces the entire recall
provisions of the law. proceedings
XPN: The word or provision should not be given a
meaning that will restrict or defeat, but should instead be HELD:
construed to effectuate, what has been intended in an No. The limited period for recall refers only to the recall
enacting law. election, excluding proceedings prior thereto. The word
“recall” in Sec. 74 was construed in relation to Sec. 69 of
CLAUDIO v. COMELEC the Code to the effect that “the power of recall… shall be
exercised by the registered voters of a local government
FACTS: unit to which the local elective official belongs.” Since the
power vested on the electorate is not the power to initiate
Jovito O. Claudio - was the duly elected mayor of Pasay recall proceedings but the power to elect an official into
City in the May 11, 1998 elections. He assumed office on office, the limitation in Sec. 74 must not apply to the
July 1, 1998. entire recall proceedings.
enterprise are likewise responsible for damages caused by
8. Meaning of term dictated by context their employees in the service of the branches in which the
latter are employed or on the occasion of their functions.
GR: The context may give broad sense a word or it may
limit the meaning. "Employers shall be liable for the damages caused by their
XPN: (1) The context in which the word is used employees and household helpers acting within the scope
oftentimes determines it meaning. of their assigned tasks, even though the former are not
(2) A word is to be understood in the context in which iit engaged in any business or industry.
is used. xxx xxx xxx
"The responsibility treated of in this article shall cease
PHIL. RABBIT BUS LINES, INC. v. PHIL. AMERICAN when the persons herein mentioned prove that they
FORWARDERS, INC. observed all the diligence of a good father of a family to
prevent damage. (1903a)"
As a result of a vehicular accident, complaint for damages
based on culpa-aquitiana was filed against the Phil- ISSUE: Whether or not Balingit is covered under Article
American Forwarders, Inc., Fernando Pineda, and Balingit 2180, and therefore liable for culpa aquiliana
as manager of the company. The trial court dismissed the
complaint against Balingit on the ground that he is not the
HELD:
manager of an establishment contemplated in Article 2180
No. The terms “employers” and “owners and managers of
of the Civil Code making owners and managers of an
an establishment or enterprise” under Article 2180 do not
establishment responsible for damages caused by their
include manager of a corporation. It may be gathered from
employees, since Balingit himself may be regarded as an
the context of the said provision that the term “manager”
employee of the Phil-American Forwarders, Inc. On
is used in the sense of “employer.” The context may also
appeal, plaintiffs urged that the veil of corporate fiction
limit the meaning of what otherwise is a word of broad
should be pierced, the Phil-American Forwarders Inc.
signification. Hence, under the allegations of the
being merely a business conduit of Balingit, since he and
complaint, Balingit is not liable for torts or quasi-delict as
his wife are the controlling stockholders. The Supreme
manager, in connection with the vehicular accident
Court held that this issue cannot be entertained on appeal,
because he himself may be regarded as an employee or
because it was not raised in the lower court.
dependent of his employer, Phil-Am Forwarders.
FACTS:
9. General words construed generally
Fernando Pineda - drove recklessly a freight truck,
GR: Words of general significance is to be taken in its
owned by Phil-American Forwarders, Inc., along the
ordinary sense. A general statement is understood in a
national highway at Sto. Tomas, Pampanga. The truck
general sense.
bumped the bus driven by Pangalangan, which was owned
XPN: Where a word used in a statue has both a restricted
by Philippine Rabbit Bus Lines, Inc. As a result of the
and a general meaning, the general must prevail unless the
bumping, Pangalangan suffered injuries and the bus was
nature of the subject muster indicates that the limited
damaged and could not be used for seventy-nine days,
sense is intended.
thus depriving the company of earnings amounting to
P8,665.51.
GATCHALIAN v. COMELEC
Archimedes Balingit- was the manager of Phil-American
Forwarders, Inc.
FACTS:
Among the defenses interposed by the defendants in their
Esmeraldo M. Gatchalian - alleges that he is a candidate
answer was that Balingit was not Pineda's employer.
for delegate to the Constitutional Convention for the first
district of Rizal, having filed his certificate of candidacy
Balingit moved that the complaint against him be
with the Commission on Elections on September 8, 1970.
dismissed on the ground that the bus company and the bus
driver had no cause of action against him. As already
Comelec Resolution No. RR-707 – was promulgated by
stated, the lower court dismissed the action as to Balingit.
Commission on Elections pursuant to the request of the
The bus company and its driver appealed.
advertising firms and associations of the Philippines,
holding that "donations of billboards to the Commission
"ART. 2180. The obligation imposed by article 2176 is
by foreigners or companies or corporations owned and
demandable not only for one's own acts or omissions, but
controlled partially or wholly by foreigners are not
also for those of persons for whom one is responsible.
covered by the provision of Sec. 56 of the Revised
xxx xxx xxx
Election Code."
"The owners and managers of an establishment or
Resolution No. RR-731 – was promulgated by the
Commission on Election pursuant to the request of the This case involves the application of the Probation Law
Advertising Council of the Philippines, to the effect that (P.D. No. 968, as amended), more specifically Section 9
the ban in Sec. 46 of the Revised Election Code, as thereof which disqualifies from probation those persons:
amended, does not cover the projected campaign for funds "(c) who have previously been convicted by
and other contributions by the Advertising Council of the final judgment of an offense punished by
Philippines and others similarly situated, during the 120 imprisonment of not less than one month and
days immediately preceding a regular or special election; one day and/or a fine of not less than Two
and "that in line with the ruling in its resolution numbered Hundred Pesos."
RR-707, donations and contributions for the above
campaign may be received from foreigners, companies or FACTS:
corporations owned and/or controlled wholly or partially
by foreigners. Teodulo Rura - (Petitioner) was accused, tried and
convicted of five (5) counts of estafa committed on
Petitioner - filed a petition with the Commission on different dates in the Municipal Circuit Trial Court of
Elections impugning the validity of said Resolutions Nos. Tubigon-Clarin, Tubigon, Bohol.
RR-707 and 731 as violative of Sec. 56 of the Revised
Election Code. The five cases were jointly tried and a single decision was
rendered on August 18, 1983. Rura was sentenced to a
Commission on Elections - denied the petitioner's total prison term of seventeen (17) months and twenty-
petition on the ground "that contributions by foreigners to five (25) days. In each criminal case the sentence was
the Comelec Billboards Committee for the purpose of three (3) months and fifteen (15) days.
financing costs of Comelec billboards are not made in aid
or support of any particular candidate in a particular Regional Trial Court of Bohol - affirmed the decision of
district and that the allocation of space for its candidate is the lower court.
allowed by lottery, nor would it in any way influence the
result of the election, . . ." When the case was remanded to the court of origin for
execution of judgment, Rura applied for probation. The
ISSUE: Does the term “foreigner” include both natural application was opposed by a probation officer of Bohol
and juridical persons, with or without legal personality? on the ground that Rura is disqualified for probation under
Sec. 9 (c) of the Probation Law quoted above.
HELD:
Yes. The word “person” comprehends private juridical The court denied the application for probation. A motion
corporation, unless it appears that it is used in a more for reconsideration was likewise denied.
limited sense; and the word “person” under a penal statute
which is intended to inhibit an act, must be “a person in ISSUE: Whether or not the petitioner is disqualified for
law,” that is, an artificial as well as a natural person. There probation
is nothing in the Revised Election Code or in Sec. 56 itself,
indicating that the term "foreigner" is limited only to HELD:
natural persons. Neither is there any provision in the said No. The words “previously convicted” in Sec. 9 (c) of the
Code expressly or impliedly suggesting that the Probation Law refer to the date of conviction, not to the
circumstances of an artificial person in law are not date of commission of the crime. Hence, a person
identical to those of natural persons covered by the convicted on the same date of several offenses committed
prohibition. On the contrary, there is greater reason to on different dates but jointly tried is not thereby
believe that the law-maker feared more the assistance and disqualified under said provision.
influence of artificial persons in the elections than the aid
of natural persons. Hence, the law utilizes the more
11. Identical words in statute
generic term “foreigner.”
GR: A word or phrase repeatedly used in a statute will
10. Words with technical or legal meaning
bear the the same meaning throughout the statute.
XPN: A word or phrase is one part of a statute is to
GR: Technical and legal meaning of word should be
receive the same interpretation when used in every other
adopted.
part, unles it clearly appears from the context or otherwise
XPN: The presumption is that the language used in a
that a different meaning is intended.
statute, which has a technical or well-known legal
meaning is used in that sense by the legislature.
LOZADA v. COMELEC
RURA v. LOPENA
This is a petition for mandamus filed by Jose Mari Eulalio
C. Lozada and Romeo B. Igot as a representative suit for\
and in behalf of those who wish to participate in the
election irrespective of party affiliation, to compel the
respondent COMELEC to call a special election to fill up
existing vacancies numbering twelve (12) in the Interim
Batasan Pambansa. The petition is based on Section 5(2),
Article VIII of the 1973 Constitution which reads:
"(2) In case a vacancy arises in the Batasang
Pambansa eighteen months or more before a
regular election, the Commission on Election
shall call a special election to be held within
sixty (60) days after the vacancy occurs to
elect the Member to serve the unexpired term."
FACTS:
HELD: