REMMAN ENTERPRISES VS PRBRES AND PRC

o This case is a petition for review under Rule 45.

o It is with regards to RA 9646 also known as the Real Estate Services Act of
the Philippines which aims to professionalize the RESS under regulatory
scheme of licensing, registration and supervision of real estate service
practitioners to increase competence and raise ethical standards. Prior to the
said RA, it is under the supervision of DTI thru BTRCP now transferred to PRC
thru PRBRES. (IRR was made by them)
o Petitioners sought to declare as void and unconstitutional specific provisions
of RA 9646 (DENIED)
o Violates Sec. 26 Art. VI
o Direct conflict with EO 648 (NHA jurisdiction to RETB transferred to
HLURB)
o Violates equal protection clause on real states developers’ ownership
rights
 Sec. 28 – exemptions form the acts constitution the practice of
RES
 Violates equal protection clause because there is no
distinction between REDev and exempted groups
mentioned.
 It does not; the REDev’s exemption is for the protection
of the buying public from misrepresentations committed
by unlicensed brokers.
 Sec. 29 – prohibition against the unauthorized practice of RES
 Sec. 32 – corporate practice of RES
o ISSUES: (PETITION HAS NO MERIT)
o W/N there is a justiciable controversy (yes)
o W/N the act is unconstitutional for violating one title subject (no)
 REDev is germane to the whole law, therefore, it satisfies the
constitutional provision
o W/N the act is in conflict with EO 648 (no) – NHA jurisdiction
 Repeal by implication – 2 laws must be inconsistent,
irreconcilable and repugnant because inconsistency is never
presumed unless there is a repealing clause. Nothing in RA 9646
repeals EO 648
 No conflict of jurisdiction – HLURB supervises only real estate
service practitioners engaged in the sale of subdivision lost and
condo projects not the entire regulatory powers
 Every statute must be interpreted and brought into accord with
other laws in a way that will form uniform system of
 jurisprudence. The legislature is presumed to know all existing
laws, and would not enact conflicting laws. We cannot presume
that these provisions were made in conflict to EO 648.
o W/N the stated provision are unconstitutional for violating substantive
due process
 No right is absolute, there must be regulation – valid exercise of
police power
 Property rights, though sheltered by due process, must yield to
general welfare
o W/N Sec. 28 treats REDev differently from natural/juridical persons –
equal protection clause (no)
o Court ruled that RA 9646 is constitutional. Every law is presumed valid. To
overcome it, we need to show that there is infraction of the constitution.
o He one who alleges unconstitutionality of a provision has the burden of proof
to justify its invalidity beyond reasonable doubt.
o Liberal interpretation of the constitution in favor of the constitutionality of
legislation should be adopted.

SALVACION VS CENTRAL BANK

o Greg Bartelli, American tourist, coaxed Karen Salvacion, detained and raped
her several times. He was arrested; a case of serious illegal detention and
four counts of rape charges were filed against him. Bartelli escaped from jail
on the day of his hearing for petition for bail.
o Issuance of the writ of preliminary attachment was granted for the
petitioners
o The petitioners prayed for 500k for moral damages
o Notice of Garnishment was not honored by China Banking Corporation
pursuant to Sec. 113 of CBC 960 – dollar deposits of the defendant
Bartelli are exempted from attachment, garnishment or any other
process of any court.
o Publish notice of decision was published in Manila Bulletin. Still, the
bank invoked Sec. 113. RA 6426
o The insistence of this law will have an iniquitous effect producing outright
injustice and inequality.
o The application of the law depends on the extent of its justice.
o Article 10 of the Civil Code states that in case of doubt of interpretation or
application of laws, it is presumed that the law making body intended right
and justice to prevail.
o Ninguno non deue enriquecerse tortizeramente con dano de otri –
when the statute is silent of ambiguous, this is one of the most
 fundamental solutions that would respond to vehement urge of
conscience.

ALONZO SPOUSES VS INTERMEDIATE APPELLATE COURT AND PADUA

o Five brothers and sisters inherited in equal pro indiviso part of a parcel of
land in Tarlac.
o Celestino – sold to Alonzo spouses
o Eustaquia – sold to Alonzo spouses
o Mariano & Tecla – no given notice of sales, they thought that the
spouses enclosed a portion of their inherited land as temporary
possessor or mere mortgagee. Their right of redemption extinguished
already when they filed for the case.
o Issue
o The correct interpretation and application of pertinent law as invoked –
Article 1088 requiring written notice to the redemptioner
 In this case, he right of redemption was invoked 13 years after.
o We should apply the law with justice
o In seeking the meaning of the law, the first concern of the judge
should be to discover the intent of the law maker.
 It should never be interpreted in such a way as to cause
injustice.
 Law should be interpreted and applied not independently,
but in consonance with justice. Judges must regard to the
cause and consequences of the language of the law. We
need to reflect the will of the legislature.
 The ruling of this case deviated from the strict letter of law
because of its peculiar circumstance.
 Justice is always an essential ingredient of court decisions.
Interpret the law in a way that it will render justice.

LLEDO VS ATTY. LLEDO

o This case an administrative complaint for immorality, abandonment and

conduct unbecoming a public official.
o Carmelita Lledo, the legal wife of Cesar Lledo, learned that her husband is
keeping his mistress Katrina after he abandoned their conjugal dwelling. In a
sworn affidavit, Cesar sworn that Katrina was his wife.
o Court ruled that Atty. Lledo was dismissed from the service for disgraceful
and immoral conduct.
o Not only in his official duties that officials must preserve their good
standing, it also applies to their personal and private lives.
 o Court of justice is always mirrored in the conduct of its officials.
o On 2006, Lledo’s son wrote to CJ, Panganiban to appeal the forfeiture of
leave credits of his father to pay for his medical expenses who is now
suffering severe stroke and acute renal failure.
o He asked the Court for retroactive application of the Court's ruling
subsequent to his father's dismissal, wherein the Court ruled that
despite being dismissed from the service, government employees are
entitled to the monetary equivalent of their leave credits since these
were earned prior to dismissal.
o After the court granted the petition, GSIS refused to give the refund of the
contributions of Lledo citing Sec. 58 (Administrative Disabilities Inherent in
Certain Penalties) under Uniform Rules in Administrative Cases in the Civil
Service
o The GSIS was created in 1936 by Commonwealth Act No. 186. It was
intended to "promote the efficiency and welfare of the employees of the
Government of the Philippines" and to replace the pension systems in
existence at that time. Section 9 of Commonwealth Act No. 186 states: upon
dismissal for cause of a member of the System, the benefits under his
membership policy shall be automatically forfeited to the System, except
one-half of the cash or surrender value, which amount shall be paid to such
member, or in case of death, to his beneficiary.
o Amended - Republic Act (R.A.) No. 660 – Sec. 11 "(d) Upon dismissal
for cause or on voluntary separation, he shall be entitled only to his own
premiums and voluntary deposits, if any, plus interest of three per
centum per annum, compounded monthly.
o Amended by Section 4 of P.D. No. 1146
o Amended by Section 4 of R.A. No. 8291 was enacted in 1997
o There are two accepted instances of implied repeal.
o The first takes place when the provisions in the two acts on the same
subject matter are irreconcilably contradictory, in which case, the later
act, to the extent of the conflict, constitutes an implied repeal of the
earlier one.
o The second occurs when the later act covers the whole subject of the
earlier one and is clearly intended as a substitute; thus, it will operate to
repeal the earlier law.
o There is no manifest inconsistency between Section 11(d) of Commonwealth Act
No. 186, as amended, and Section 4 of R.A. No. 8291. The latter provision is a
general statement intended to cover members separated from the service
whether the separation is voluntary or involuntary, and whether the same was
for cause or not. Moreover, the same deals only with the benefits the member is
entitled to at the time of separation.
 PARAS VS COMELEC - denied

o Danilo Paras, incumbent Punong Barangay won the last regular barangay
election in 1994.
o Petition for his recall as PB was filed by registered voters garnered 29.3%
above the required 25%. COMELEC approved the petition. Scheduled recall
twice, but deferred due to the petition.
o Petitioner invoked Sec. 74 of RA 7160 Local Government Code “no recall shall
take place within one year from the date of official’s assumption to office or
one year immediately preceding regular local election.”
o Election recall is now barred because SK election is set by May 1996.
o Basic rule in STATCON that every part of the statute must be construed with
reference to the context; its other parts must be considered.
o Petitioner construed regular local election to include SK election, what
the provision implies is that elective local official may be subjected of a
recall election during 2nd year of his term.
o In interpreting a statue, the court should start in assuming that legislature
intended to enact an effective law.
o Should not be in conflict with constitutional provisions (Art. X, Sec. 3)

CIR VS ESSO STANDARD EASTERN INC AND CTA - granted

o This is case is with regards to the refund claim of 39k to ESSO. The present
petition for review on certiorari filed by CIR.
o ESSO overpaid its 1959 income tax by 221k. It was granted for tax credit but
on 1960, their tax was found to be short. He demanded that the refund be
credited to the deficiency instead of paying it all together.
o It was denied by IRCom but CTA granted it.
o The court ruled that the obligation of ESSO might subsequently incur in favor
of the govt should have be reduced by the sum, in this case, no interest must
be imposed to it.
o Courts are not to give words a meaning which would lead to absurd results or
unreasonable consequences. Literal interpretation is to be rejected if it would
be unjust or will lead to absurd results. It must give effect to legislative
intent to avoid absurd conclusion.

URSUA VS. CTA - acquitted

o Petition for review of CTA decision convicting Ursua for the violation of Sec. 1
CA 142 amended by RA 6085 An Act to Regulate Use of Alliases
o Ursua was a Community Environment and Natural Resources Officer in DENR.
A request was made to conduct investigation on complaint for bribery,
dishonesty and abuse of authority, including the petitioner.
o To acquire a copy of the complaint, he went to the OO and used the name of
his lawyer’s messenger. Upon arrival, he signed in the log book as Oscar
Perez. An acquaintance learned that he faked his name reported to the Dep.
O.
o Case was filed, prosecution presented its evidence. Petitioner filed for
demurrer to evidence because the failure of the prosecution to prove that his
alias was different from his registered name in LCR.
o TC convicted him, CA affirmed.
o His contention is that he violated no rule (RA 6085 originated from RA 3883)
because alias is a term which connotes habitual use of another name by w/c
the person is known. And that he never used Oscar Perez elsewhere.
o Statute are to be construed in the light of the purposes to be achieved and
evils sought to be remedied. It must be construed with reference to the
intended scope and purposes.
o The court may consider the spirit and reason of the statutes, if the literal
meaning would result to absurdity, contradiction, injustice or if it will defeat
the purpose of the statute,
o He was acquitted. According to the court, there is no indication that it was an
alias name, nor that there is an intention to use it as an additional name.
o It was an isolated transaction, not required to expose his identity. He would
still be given a copy whoever he is.
o There is a valid presumption that undesirable consequences were never
intended by a legislative measure.

DAVAO VS RTC AND GSIS

o RTC upheld the tax-exempt status of GSIS under LGC of 1991.

o