Professional Documents
Culture Documents
Respondent NTC promulgated a decision (NTC decision) dated The basic canon of statutory interpretation is that the word used in the law must be
November 22, 1982 which approved a revised schedule of rates given its ordinary meaning, unless a contrary intent is manifest from the law itself. The
Note that both words “shall” and “may be”
(translation: phone bills went up) which was within the limits phrase “may be promulgated” cannot be construed to mean “shall” or “must”.
are used in the same section which
of P.D. No. 217, the law which regulated the telephone
demonstrates that the ordinary, usual or
industry. Petitioner, Philippine Consumer Foundation (PCF) filed Section 2 must therefore be interpreted in its ordinary sense as permissive or
normal distinction between these words is
Philippine this petition seeking to annul this decision. On November 25, Whether or not discretionary and not mandatory on the part of the delegate, NTC. What is mandatory
preserved.
Consumer “MAY” 1983, the Supreme Court promulgated a decision annulling the Section 2 of however, is the immediate implementation of the policies declared in P.D. No. 217.
vs. NTC, NTC decision. P.D. No. 217 is
PLDT mandatory. It shall be interpreted in its ordinary sense as permissive or discretionary on the part of
This decision interpreted the following phraseology of Section 2 the delegate — department or the Board 6f Communications then, now the National
of P.D. No. 217 as mandatory: “The Department of Public Works, Telecommunications Commission — whether or not to promulgate pertinent rules and
Transportation and Communications, through its Board of regulations. There is nothing in P.D. No. 217 which commands that the phrase "may be
Communications and/or appropriate agency shall see to it that promulgated" should be construed as "shall be promulgated."
the herein declared policies for the telephone industry
are immediately implemented and for this purpose, pertinent rules
and regulations may be promulgated” (italics supplied).
Clearly, under the law, the Rule gives the accused the right to ask for preliminary The provi: “If the case has been filed in court
Esam Gadi apprehended in MIA for possession of marijuana. Whether the
investigation; but it does not give him the right to do so after the lapse of the required without a preliminary investigation having
Three days later he filed a petition to reduce bail which was reglementary
period. been conducted, the accused may within
eventually approved. A month later, Gadi filed a motion for period is
People vs. “MAY” five (5) days from the time he learns of the
“reinvestigation”. Admitting that the motion was filed way mandatory.
CA (Esam Interpretation The rule is permissive only within the reglementary period; otherwise, it is mandatory. filing of the information, ask for a
beyond the five-‐day period prescribed by the Rules of Court, he
Gadi Case) depends upon the preliminary investigation with the same
contended that the reglementary period was not mandatory.
context An accused who had posted bail was deemed to have foregone his right to preliminary right to adduce evidence in his favor in the
investigation. manner prescribed in this Rule. (Emphasis
CA granted the petition. CA held that the five-‐day reglementary
supplied)”
period was only permissive because of the word ‘may’.
Solgen: contends Esam Gadi had waived his right to preliminary
investigation when he posted bail.
Yes, authority of the CIR is a requisite before a corporate taxpayer can credit excess taxes paid (“may”, “may be credited”, implying the
Petitioner signified its intention to apply the total creditable Whether prior
San Carlos “MAY” to estimated tax liabilities. Section 7 of Revenue Regulation No. 10-‐77 provides that: “any availability of the remedy of tax credit is not
amount of P785,863 against its 1984 tax dues coupled with a authority from excess computed and shown shall either (a) be refunded to the corporation or (b) may be
Milling vs. Interpretation the CIR is absolute and mandatory; it does not confer
coupled with a comforting alternative request for a refund or tax credited against the estimated quarterly income tax liabilities” Insofar as the option of tax
CIR depends upon the necessary before right on the taxpayer to avail of the tax credit
credit of the same. Respondent disallowed the preferred credit is concerned, this right should not be construed as an absolute right which is available
context a corp. taxpayer scheme if it so chooses…
automatic credit scheme but treated the request as an ordinary to the taxpayer at his sole option.
claim for refund/tax credit can credit excess
estimated
quarterly income
taxes for the
succeeding
taxable year
Opponents for Mayoralty – De Mesa and Argana; de Mesa won;
Whether the Judgment of the Court of First Instance of Rizal in election case 7924 thereof, dated Where the statute provides for the doing of
De Mesa vs. When ‘may’ is Loresca, vice; Argana protested the election of De Mesa. Later
requirement is August 10, 1964, which proclaimed the protestant Maximino A. Argana the duly elected some act which is required by justice or
Mecias construed as on, the latter was assassinated.
couched in the mayor of Muntinlupa, Rizal in the 1963 elections, for having been rendered without public duty, or where it vests a public body,
mandatory
permissive jurisdiction over the person of the legal representative of the deceased protestee municipality, or public officer with power
Loresca was, by operation of law, duly installed as his successor.
term “may” Francisco de Mesa and all other proceedings taken by said court in said election case and authority to take some actions which
In the election case, the protestant Argana moved for the
instead of the subsequent to the death of the said protestee is declared null and void. concerns the public interests or rights of
constitution of committees on revision of ballots.
mandatory individuals, the permissive language will be
character of construed as mandatory and the execution
On June 23, 1964, without notice of the protestee and / or his
statutory of the power may be insisted upon as duty.
legal representative, the trial court granted the motion
provisions
aforesaid. The trial court adjudged the protestant Argana as the
duly elected Mayor
This is an action in ejectment. Plaintiff alleging that she is the The law states that property "may be
Llenares vs. When ‘may’ is In the present case it is admitted by the plaintiff that notice of attachment for the
owner of the two parcels of land. She acquired said parcels by attached on execution in like manner as
Valdeavella construed as Whether the execution was not filed with the registrar of deeds and that there was no copy thereof
purchase at a sheriff’s sale under a writ of execution. The court upon writs of attachment." This provision
mandatory sale on served on the defendants. It is therefore clear that the attempted levy was not made in
below ruled in favor of the defendants holding that Irineo while permissive in form must, nevertheless,
execution is accordance with the provisions of the statute, and, according to the great weight of
Valdeavella was the owner of the parcels of land. Also that the be regarded as mandatory. No other
valid authority, a proper levy is indispensable to a valid sale on execution. A sale unless
sheriff’s sale was irregular and void inasmuch as there had not method of effecting the levy is prescribed
preceded by a valid levy, is void, and the purchaser acquires no title.
been a sufficient levy on the lands, nor a sufficient notice of the and it is an old rule that powers through the
sale. From this judgment, plaintiff appeals. exercise of which a person may be divested
of his property are always strictly construed
and that the provisions regulating the
procedure in their exercise are mandatory
as to the essence of the thing to be done.
Juco, project engineer for the NHC; implicated in a case of theft NLRC has no jurisdiction. Civil Service law governs all matters pertaining to employees “Every"
means
each
one
of
a
group,
without
Are employees
and/or malversation of public funds. He was terminated. He filed of government-‐owned and controlled corporations, regardless of whether it was exception
It
means
all
possible
and
all
taken
of Government-‐
a case for illegal dismissal against the NHC before the DOLE, created by special charter or otherwise. Indeed, the inclusion of GOCCs within the one
by
one.
Of
course,
our
decision
in
this
Owned and
NHC vs. Juco “EVERY” contending that the criminal charges imputed against him are embrace of the civil service shows a deliberate intent and effort to plug an earlier case
refers
to
a
corporation
created
as
a
Controlled
merely a fabrication made to harass him. NHC contended that the loophole which allowed certain government instrumentalities to avoid the all-‐ government-‐owned
or
controlled
entity.
It
Corporations
tribunal does not have jurisdiction over the case, considering that encompassing coverage of the civil service system. Simultaneously, this has also does
not
cover
cases
involving
private
firms
covered by the
the former is a GOCC. The NLRC however countered that the prevented crafty government employees from calling to their defense the more taken
over
by
the
government
in
foreclosure
Labor Code or
(then 1973) constitution contemplates only those GOCCs that are workforce-‐friendly provisions of the Labor Code. With the creation of the Civil Service or
similar
proceedings.
We
reserve
judgment
the Civil Service
created by special charters, which is not the case for NHC.
Commission?
Commission, all government offices, without exemption, fall within its purview. on
these
latter
cases
when
the
appropriate
controversy
is
brought
to
this
Court.
Section
I
of
Article
XII-‐B,
Constitution
uses
the
word
"every"
to
modify
the
phrase
"government-‐owned
or
controlled
corporation."
Petitioner was accused, tried and convicted of five (5) counts of
Previous conviction, we submit,
estafa committed on different dates. The counts were How should the The statute relates “previous to the date of the conviction, not to the date of the
presupposes that there is a prior sentence or
consolidated and tried jointly. Only a single decision was rendered. word commission of the crime. The word “previously” refers to the date of the conviction and
that there was already a decision rendered
Rura vs. “PREVIOUSLY” Petitioner applied for probation but was denied by the fiscal on “previously” be not to the dates of the crimes involved. Although he was guilty of five counts of estafa,
which convicted the accused. In this instant
Lopena the ground that he had been previously convicted by final construed? they were tried jointly and only one decision was handed down. Hence, when Petitioner
cases, however, there is only one decision
judgment of an offense. The fiscal invoked Sec. 9 of the Probation applied for Probation he had not yet had a final judgment of conviction on his record.
rendered on the five (5) counts of Estafa
Law, which disqualifies persons who have previously been He is eligible for probation under such circumstances.
which was promulgated on the same date. In
convicted by final judgment from applying for probation. The trial
other words, the effects of conviction does
court denied his application on the belief that since the crimes not retract to the date of the commission of
were committed on different dates, he was guilty on each of those the offense as the trial court held.
dates.
R.A. 1160 created the National Resettlement and Rehabilitation Whether No, Petitioner’s term of office is deemed expired. R.A. 1160 expressly gives the Board The word "term" in a legal sense means a
Appari vs. “TERM VS.
Administration (NARRA). Empowered its Board of Directors to Resolution No. the power to appoint and fix the term of office of the General Manager. The word ‘term’ fixed and definite period of time which the
CA TENURE”
appoint and fix the term of office of the General Manager subject 24 constitutes describes the period that an office may hold office and upon expiration of such term, his law describes that an officer may hold an
to approval of the President. removal of rights, duties, and authority must cease. In this case, the term of office is not fixed by office.
Petitioner law, but by the Board.
Eventually, the Board approved Resolution No. 24 wherein the without cause.
President expressed his desire to fix the term of office of the
incumbent General Manager
Mapa bought lots from LDC, payable in ten years. Mapa Clause 20 of the No. Labrador has every right to cancel the contracts of sale, pursuant to Clause 7 of the Relative words refer to the nearest
Mapa vs. “AND” Conjunctive
defaulted. The latter informed Mapa that the contracts to sell the said contracts said contract for the reason of the lapse of five years of default payment from Mapa. antecedent, unless it be prevented by the
Joker
lots were cancelled, but Mapa invoked Clause 20 of the four include and P.D. 957 does not apply because it was enacted long after the execution of the contracts context. In the present case, the
Arroyo,
contracts. Said clause obligates Labrador to complete the incorporate involved, and, other than those provided in Clause 20, no further written commitment employment of the word "and" between
Labrador
development of the lots, except those requiring the services of a P.D. 957 was made by the developer. The words “which are buffered and indicated in the "facilities, improvements, infrastructures"
public utility company or the government, within 3 years from the through the subdivision or condominium plans” refer not only to “other forms of development” but and "other forms of development," far from
date of the contract. Petitioner contends that P.D. 957 requires doctrine of last also to “facilities, improvements, and infrastructures”. The word “and” is not meant to supporting petitioner's theory, enervates it
Labrador to provide the “facilities, improvements, and antecedent, separate words, but is a conjunction used to denote a joinder or a union. instead since it is basic in legal hermeneutics
infrastructures for the lots, and other forms of development” if making the that "and" is not meant to separate words
offered and indicated in the approved subdivision plans. cancellation of but is a conjunction used to denote a joinder
the contracts of or union.
sale incorrect.
No.
They
are
two
separate
offenses.
C.A.
No.
613
clearly
provides
that
the
four
acts
are
Whether the The rule is too well-‐settled to require any
Respondents charged with violating Sec. 46 of C.A. No. 613 or the in
fact
four
separate
acts.
Each
act
possesses
its
own
distinctive,
different,
and
disparate
act of bringing citation of authorities that the word "or" is
Philippine Immigration Act by the Court of First Instance of La meaning.
The
word
OR
in
C.A.
No.
613
cannot
be
given
a
non-‐disjunctive
meaning
in and landing a disjunctive term signifying dissociation
People vs. “OR” Disjunctive Union, specifically in the act of bringing in and landing. The Court signifying
the
separation
of
one
act
from
the
other.
The
words
in
the
information
constitute a and independence of one thing from each
Martin dismissed the charges on the ground of it being a continuous suggesting
conspiracy
are
considered
a
mere
surplusage.
continuous of the other things enumerated unless the
offense with Criminal Case 6258-‐M filed in Bulacan against other
offense with context requires a different interpretation.
Respondents who were concealing and harboring the same
concealing and While in the interpretation of statutes, 'or'
Chinese Immigrants who were brought in therefore they had no
harboring. may read 'and' and vice versa, it is so only
jurisdiction.
when the context so requires.
This case is about an ordinance imposing “a graduated quarterly Whether the Section 2 of the aforecited statute provides:
Certainly We cannot assume that the phrase
tax…” Petitioner is engaged in manufacturing of beer, with a plant challenged Provided, that municipalities and municipal districts shall, in no case, impose any
"or actual market value" was a mere
in Mandaue, Cebu. Petitioner claims that it is adversely affected ordinance has percentage tax on sales or other taxes in any form based thereon nor impose taxes on
surplusage, for it serves to clarify and explain
by the ordinance. In its view, it was beyond the authority and transcended articles subject to specific tax…
the meaning and import of the preceding
power of the municipality. Petitioner brought an action to the CFI, the exceptions
San Miguel When “or” means phrase. In any event, it is the duty of the
Cebu. Petitioner sought the annulment of the ordinance. and limitations Considering that the phrase "gross value in money" is followed by the words "or actual
vs. expository or courts, so far reasonably practicable, to read
imposed by market value" in the ordinance, it is evident that the latter was intended to explain and
Municipal interpretative of and interpret a statute as to give life and
section 2 of clarify the preceding phrase. For the word "or" may be used as the equivalent of "that is
Council preceding term Petitioner contends that “gross value in money or actual market effect to its provisions, so as to render it a
Republic Act to say" and gives that which precedes it the same significance as that which follows it. It
value” employed in the questioned ordinance clearly referred to harmonious whole.
2264 “Local is not always disjunctive and is sometimes interpretative or expository of the preceding
“sales or market price”, thus there is an intent to impose a tax
Autonomy word.
based on sales.
Act”.
We therefore hold that the questioned ordinance imposed tax based on sales and
The grant of power to tax to chartered cities and municipalities
therefore beyond the authority of the municipality to enact. The ordinance was
under Section 2 of the Local Autonomy Act is subject to the
declared null and void.
exceptions and limitations
The last portion of the provision — "and shall
Demafiles “SURPLASSAGES” Respondent Galido won over Petitioner due to the Provincial Whether the No,
the
contention
is
untenable.
RA
4970
reads
“the
first
mayor,
vice-‐mayor
and
have qualified" — is devoid of any meaning,
vs. Board voting to reject returns. In re: Galido raised the notion that contention of councilors
of
the
municipality
of
Sebaste
shall
be
elected
in
the
next
general
elections
is unmitigated jargon in or out of context,
COMELEC the case should be moot because he had taken his oath and Galido is for
local
officials
and
shall
have
qualified.”
The
Supreme
Court
ruled
that
“and
shall
have
and does not warrant the respondent's
assumed office. tenable qualified”
is
devoid
of
meaning.
The
term
of
office
of
municipals
shall
begin
in
the
1st
reading that the term of office of the first
day
of
January
following
their
election,
despite
the
fact
that
Sebaste
was
a
newly
created
municipal officials of Sebaste begins
municipality.
immediately after their proclamation.
The appellants, Hart, Miller and Natividad, were found guilty on a An argument based upon punctuation alone
Considering that the argument of the Attorney-‐General would suggest a lack of logical
charge of vagrancy under the provisions of Act no. 519. All three is not conclusive, what is necessary is that
classification on the part of the legislature of the various classes of vagrants and since it
appealed and showed evidence showed that each of the the intention of the legislature must be given
was proven that all three of the defendants were earning a living by legitimate means at
defendants was earning a living at a lawful trade or business effect.
a level of comfort higher than usual, Hart, Miller and Natividad were acquitted.
sufficient enough to support themselves.
The offense of vagrancy as defined in Act
A further thought suggest itself in connection with the punctuation of the paragraph in
The subject provision, Section 1 of Act No. 519 is divided into No. 519 is the Anglo-‐Saxon method of
question. The section, as stated above, is divided into seven clauses, separated by
seven clauses, separated by semicolons. Each clause enumerates Whether the dealing with the habitually idle and harmful
semicolons. To say that two classes of vagrants are defined in paragraph 2, as to one of
a certain class of persons who, within the meaning of this statute, respondents parasites of society.
which visible means of support or a lawful calling is not a good defense, and as to the
United are to be considered as vagrants. are guilty of
other of which such a defense is sufficient, would imply a lack of logical classification on
States vs. “PUNCTUATIONS” vagrancy
the part of the legislature of the various classes of vagrants. This we are not inclined to
Hart et al., Core Issue: (2) every person found loitering about saloons or dram
do.
shops or gambling houses, or tramping or straying through the
country without visible means of support;
The Attorney-‐General argues that "visible means of support" as
used in that clause does not apply to "every person found loitering
about saloons or dram shops or gambling houses," but is confined
entirely to "or tramping or straying through the country." It is
insisted that had it been intended for "without visible means of
support" to qualify the first part of the clause, either the comma
after gambling houses would have been omitted, or else a comma
after country would have been inserted.