September 29, 2020 Statutory Construction

How to answer? Hand written in a piece of yellow pad paper.

(Name Section Subject Period Prelim examination)

LYDIA O. CHUA VS. THE CIVIL SERVICE COMMISSION,

THE NATIONAL IRRIGATION ADMINISTRATION

Implication - may not be expressly stated by law.

Answered by yes if no answer

Silence when there is an obligation to speak amounts to admission.

Except in criminal case of refusal to answer for plea

Chua- working in Irrigation - 6683 (new law providing for benefits for early
retirement) - due to streaming, or lessen the member of organization (offer to retire,
provided with preparation or retirement benefit), Apply for retirement and application
is denied.

Chua appeal to CSC, CSC denied application and retirement. Being co terminus
employee, project-hired. Facts show that Lydia Chua upon termination of 1 project
was hired again for another project for 15 yrs. Co terminus not enjoy the benefit of
tenure. 6683 is not granted because she is co-terminus with the project. Chua is hired
and re hired for successive period of 15 yrs.

No person shall be derive of life, liberty or property without due process of law nor
shall any person be denied of equal protection of law

Gen rule: when there is a doubt, the doubt is always resolved in favor of the
employees (labor law). they are the lesser sector of society in terms of resources.

CITY OF MANILA AND CITY TREASURER VS. JUDGE

AMADOR E. GOMEZ OF THE CFI OF MANILA AND
ESSO PHILIPPINES, INC

Not intentionally or overlooked or unforeseen - CASUS OMISSUS

Sec 54 of the code

Manner of campaigning for a particular candidate may not be as ostensibly visible

than what is done by Guillermo Manantan.

In case of manantan, omitted the word of justice of the peace, but Casus omissus was
invoked by the defendant. So justice of peace are now prohibited from participating in
partisan politics. Order of dismissal is set aside.
Stare decisis - don’t disturb the rulings of the court or else there will be endless
litigation. It became final and executory

Land Bank et al V CA et al 258 SCRA 404

Songco V national labors relations commissions 183 scra 610
Cebu portland cement v mun. Of naga 24 scra 708
Gonzaga v CA 51 SCRA 381
Land Bank of Phil V CA 249 SCRA 149
Phil. British assurance company inc. 150 SCRA 520
Florendo V paramount insurance corp 610 scra 377
Borja v CA 196 scra 847

5 questions for prelims.