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In addition, the Supreme Court has decided that the rule is that statutory
provisions governing publication of notice of mortgage foreclosure sales must be
strictly complied with, and that even the smallest of violations will invalidate the
notice and render the sale at the very least voidable.
The implication is that the Court is incapable to decide the case other than on the
basis of the evidence and records that have been transmitted to it, or on the
basis of the foregoing in addition to memoranda and/or briefs, with oral
argument that has been properly submitted and/or made on request.
5. Philippine British Assurance Co., Inc. v. The Honorable IAC, G.R. No. L-72005,
5/29/1987
The Supreme Court decided that the rule, which is based on logic, is that courts
should not distinguish situations in which the law does not distinguish between
things. Ubi lex non distinguit nec nos distinguere debemus. This is a corollary of
the idea that the natural and general significance of the words and phrases used
in a statute should normally be attributed to the general terms and phrases used
in the same.
According to the rule, a broad term or phrase must not be broken down into its
component portions and each component distinguished from the others in order
to provide sufficient justification for the term's exemption from the application of
the law. In other words, there shouldn't be any exceptions to the rules laid out in
a statute if there aren't any of those exceptions mentioned. For the reason that
courts are not permitted to make distinctions when the law does not make any
distinctions. They should, as an alternative, administer the law not in accordance
with how they believe it should be, but rather in accordance with how it actually
is, and without regard to the consequences.