STATCON-CASE DOCTRINES- / E-F-D NOTES

A. Definition of Statutory Construction

- “Statutory construction” is the art or process of discovering and expounding the meaning and intention
of the authors of the law with respect to its application to a given case, where that intention is rendered
doubtful, among others, by reason of the fact that the given case is not explicitly provided for in the law.

Caltex vs Palomar Construction is the art or process of discovering and expounding the meaning and
intention of author of the law with respect to its application to a given case, were
that intention is rendered doubtful, amongst others, by reason of the fact that the
given case is not explicitly provided for in the law.

In the present case, the question of whether or not the scheme proposed by the
appellee is within the coverage of the prohibitive provisions of the Postal Law
inescapably requires an inquiry into the intended meaning of the words used therein.
Romualdez vs It is best to stress at the outset that the overbreadth and vagueness doctrines have
Sandiganbayan special application only to free-speech cases. They are not appropriate for testing the
validity of penal statues.

To this date, the court has not declared any penal law unconstitutional on the ground
of ambiguity.

As to petitioner’s claim that the term intervene is vague, the Court agrees with SolGen
that the word can easily be understood through simple statutory construction. The
absence of statutory definition of a term used in a statute will not render the law
“void for vagueness” if the meaning can be determined thru judicial function of
construction. Elementary is the principle that words should be construed in their
ordinary and usual meaning.

B. Nature of Rules of StatCon

- The basic canon of statutory interpretation is that the word used in the law must be given its ordinary
meaning, unless a contrary intent is manifest from the law itself

PCFI vs NTC Phrase “may be promulgated” should not be interpreted to mean “shall” or “must.”
P.D. 217 does not command the NTC to promulgate rules. It can function under
existing rules.—

The basic canon of statutory interpretation is that the word used in the law must be
given its ordinary meaning, unless a contrary intent is manifest from the law itself.
Hence, the phrase “may be promulgated” should not be construed to mean “shall” or
“must”. It shall be interpreted in its ordinary sense as permissive or discretionary on the
part of the delegate—department or the Board of Communications then, now the
National Telecommunications Commission—whether or not to promulgate pertinent
rules and regulations. There is nothing in P.D. No. 217 which commands that the phrase
“may be promulgated” should be construed as “shall be promulgated.” The National
Telecommunications Commission can function and has functioned without additional
rules, aside from the existing Public Service Law, as amended, and the existing rules
already issued by the Public Service Commission, as well as the 1978 rules issued by the
Board of Communications, the immediate predecessor of respondent NTC. It should be
recalled that the PLDT petition for approval of its revised SIP schedule was filed on
March 20, 1980.

C. Statcon vs Interpretation

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D. Judiciary’s Role in StatCon

- The duty of the court is to settle actual controversies involving rights which are legally demandable and
enforceable and determine whether or not there has been a grave abuse of discretion amounting to lack
or excess of jurisdiction on any part or branch of the government.

Floresca vs Philex *(case on Philex as mining company who had negligence that led to the death of its
employees)

Generally, petitioners must choose between a WCA action and civil suit. This is what the
Section 5 of WCA provides and what has been applied in various court decisions. But the court
decided to render leeway to the petitioners given the peculiarity of the instances. Petitioners
have already received compensation under the WCA. Afterwards, they learned of the true
cause of the accident which was Philex’s negligence. And then they filed a civil suit. The court
reasoned that had the petitioners learned of the cause much sooner, petitioners would have
filed for a civil suit instead. Petitioners’ initial resort to WCA action, the court said, is based on
ignorance or mistake of fact. Because petitioners were not informed of the true cause, they
had not the choice between a WCA and a civil suit. This then creates an exception to Section 5
of WCA. Hence, court remanded the case to lower court for proper judgment

Art 173 of new Labor Code did not impliedly repeal the Civil Code provisions on
damages. Section 5 of the Workmen’s Compensation Act predecessor of Article 173 of
Labor Code has been superseded by the aforestated provisions of Civil Code, a
subsequent law that obeys the constitutional mandates of social justice enhancing as
they do the rights of the workers as against their employers.

E. Strict vs Liberal Construction

Fetalino vs *REQUIREMENT FOR RETIREMENT; benefits
Barcelona
The language of the retirement law is clear and unequivocal; no room for construction
or interpretation exists, only the application of the letter of the law

The discretionary power of the court to exercise the liberal application of retirement
laws is not limitless; its exercise of liberality is on a case-to-case basis and only after a
consideration of the factual circumstances that justify the grant of an exception

The full term of the Chairman and the Commissioners is seven (7) years. When there has been a
partial service, what remains is called the "unexpired term." The partial service is usually called
tenure. There is no doubt in the distinction between a term and tenure. Tenure is necessarily
variable while term is always fixed. When the law, in this case, RA 1568 refers to completion of
term of office, it can only mean finishing up to the end of the seven year term. By completion of
term, the law could not have meant partial service or a variable tenure that does not reach the
end. It could not have meant, the "expiration of term" of the Commissioner whose appointment
lapses by reason of non-confirmation of appointment by the Commission on Appointments and
non-renewal thereof by the President. It is rightly called expiration of term but note: it is not
completion of term. RA 1568 requires ‘having completed his term of office’ for the
Commissioner to be entitled to the benefits.
Legaspi vs Creative Technical rules may be relaxed only for the furtherance of justice and to benefit the
Play Corner School deserving ---- this is not applicable in the case at bar; Legaspi sought for 3 extensions of
time to file an answer

As to petitioner’s invocation of liberal application of the rules, we cannot heed the

same. "It is true that litigation is not a game of technicalities and that the rules of
procedure should not be strictly followed in the interest of substantial justice.

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However, it does not mean that the Rules of Court may be ignored at will. It bears
emphasizing that procedural rules should not be belittled or dismissed simply because
their non-observance may have resulted in prejudice to a party’s substantial rights.
Like all rules, they are required to be followed except only for the most persuasive of
reasons."
People vs ISSUE: Can the judge allow any discretion in imposing either the death penalty or
Veneracion reclusion perpetua when the law clearly provides that the former should be
imposed?—NO

The Rules of Court mandates that after an adjudication of guilt, the judge should
impose “the proper penalty and civil liability provided for by the law on the accused.”

F. What is Judicial Legislation

- move of a court to step in to craft missing parts, to fill in the gaps in laws, or when it oversteps its
discretional boundaries and goes beyond the law to coin doctrines or principles which are not
previously established

Floresca vs Philex The only limit to the judicial legislation is the restraint of the judge
Mining
Fort Bonifacio vs **Courts cannot limit the application or coverage of a law nor can it impose
CIR conditions not provided therein. To do so constitutes judicial legislation

**To require prior payment of taxes, as proposed in the Dissent is not only tantamount
to judicial legislation but would also render nugatory the provision in Section 105 of the
old
Corpus vs People

the primordial duty of the Court is merely to apply the law in such a way that it shall not
usurp legislative powers by judicial legislation and that in the course of such application
or construction, it should not make or supervise legislation, or under the guise of
interpretation, modify, revise, amend, distort, remodel, or rewrite the law, or give the
law a construction which is repugnant to its terms. The Court should apply the law in a
manner that would give effect to their letter and spirit, especially when the law is clear
as to its intent and purpose. Succinctly put, the Court should shy away from
encroaching upon the primary function of a co-equal branch of the Government;
otherwise, this would lead to an inexcusable breach of the doctrine of separation of
powers by means of judicial legislation.

G. Fundamental Rule in the Construction of Statutes

Navarro vs Exec Sec Yes, the Congress, recognizing the capacity and viability of Dinagat to become a full-
fledged province, enacted R.A. No. 9355, following the exemption from the land area
requirement, which, with respect to the creation of provinces, can only be found as an
express provision in the LGC-IRR. In effect, pursuant to its plenary legislative powers,
Congress breathed flesh and blood into that exemption in Article 9(2) of the LGC-IRR
and transformed it into law when it enacted R.A. No. 9355 creating the Island Province
of Dinagat.

Elementary is the principle that, if the literal application of the law results in absurdity,
impossibility, or injustice, then courts may resort to extrinsic aids of statutory
construction, such as the legislative history of the law, or may consider the
implementing rules and regulations and pertinent executive issuances in the nature of

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executive and/or legislative construction. Pursuant to this principle, Article 9(2) of the
LGC-IRR should be deemed incorporated in the basic law, the LGC.

PDEA vs Brodett DRUG CASE

*a car owned by an innocent third party should not be returned to the owner during
the pendency of criminal proceedings

Comprehensive Dangerous Drugs Act of 2002 (Republic Act No. 9165)that are the
property of a third person are subject to be returned to the lawful ownerwho is not
liable for the unlawful act. But the trial court may not release such objects pending
trial and before judgment.

that the delivery to the RTC of the listed personal effects for safekeeping, to be held
there throughout the duration of the trial, would be to enable the Prosecution and the
Defense to exhaust their possible evidentiary value. The Office of the City Prosecutor
further objected to the return of the car because it appeared to be the vehicle used in
the transaction of the sale of dangerous drugs, and, as such, was the instrument in the
commission of the violation of Section 5 of R.A. No. 9165.

H. When does StatCon come in?

- It has been repeated time and time again that where the statutory norm speaks unequivocally, there is
nothing for the courts to do except to apply it. The law, leaving no doubt as to the scope of its operation,
must be obeyed. Our decisions have consistently born to that effect

Kapisanan ng mga *petitioner’s interpretation of RA 2023 is incorrect

Manggagawa vs
Manila Railroad
NFL vs EISMA Article 217 is to be applied the way it is worded.

The first and fundamental duty of court, is to apply the law. Construction and
interpretation come only after it has been demonstrated that application is impossible
or inadequate without them.
Daoang vs Judge Under Article 335 of the Civil Code, in enumerating the persons who cannot adopt, are
Nicolas clear and unambiguous. The children mentioned therein have clearly defined meaning
in law and do not include grandchildren.

The rule is, only statutes with an ambiguous or doubtful meaning may be the subject
of statutory construction.
People vs Mapa The law is explicit, “it shall be unlawful for any person to… possess any firearm,
detached parts of firearms or ammunition thereof, or any instrument or implement
used or intended to be used in the manufacture of firearms,..” the next section
provides, “firearms and ammunition regularly and lawfully issued to officers, soldiers,
sailors or marines”

The law cannot be any clearer. No provision is made for secret agent.

Construction and interpretation come only after it has been demonstrated that
application is impossible or inadequate without them.

I. What is the rule on executive construction?

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PAFLU vs Bureau of *Spoiled ballots

Labor Relations
construction placed upon a statute by executive officers charged with implementing
and enforcing the provisions of the statute should be given controlling weight, unless
such interpretation clearly erroneous – contemporaneous construction of a statute by
executive officers of the government, whose duty it is to execute it, is entitled to great
respect, and should ordinarily control the construction of the statute by the courts, is so
firmly embedded in our jurisprudence that no authorities need be cited to support it.

Courts will and should respect the contemporaneous construction placed upon a
statute by the executive officers whose duty it is to enforce it, and unless such
interpretation is clearly erroneous will ordinarily be controlled thereby.
San Miguel Corp vs Computation of 13th month pay under PD 851 excludes from the basic salary all
Inciong earnings and other remunerations paid by an employer to an employee.

The all-embracing phrase “earnings and other remunerations” which are deemed not
part of the basic salary includes within its meaning payments for sick, vacation, or
maternity leaves, etc. as such they are deemed not part of the basic salary and shall not
be considered in the computation of the 13th month pay. If they are not excluded, it is
hard to find any “earnings and other remunerations” expressly excluded in the
computation of 13th month pay. Then the exclusionary provision would prove to be idle
and with no purpose.
Insular Bank vs The Department of Labor promulgated the rules and regulations for the
Inciong implementation of holidays with pay.

The controversial section thereof reads: “Sec. 2. Status of employees paid

by the month. — Employees who are uniformly paid by the month,
irrespective of the number of working days therein, with a salary of not less
than the statutory or established minimum wage shall be presumed to be
paid for all days in the month whether worked or not. For this purpose, the
monthly minimum wage shall not be less than the statutory minimum wage
multiplied by 365 days divided by twelve”

• Later, Policy Instruction No. 9 was issued by the then Secretary of Labor interpreting the above-
quoted rule, pertinent portions of which read:
• “The ten (10) paid legal holidays law, to start with, is intended to benefit principally daily
employees. In the case of monthly, only those whose monthly salary did not yet include payment
for the ten (10) paid legal holidays are entitled to the benefit.” --- null and void since in the guise
of clarifying the Labor Code’s provisions on holiday pay, they in effect amended them by
enlarging the scope of their exclusion.

While it is true that the contemporaneous construction placed upon a statute by

executive officers whose duty is to enforce it should be given great weight by the
courts, till if such construction is so erroneous, as in the given case, the same must be
declared as null and void. (it is the role of the judiciary to refine and when necessary,
correct constitutional and/or statutory interpretation.
Navarro vs Exec Sec Courts determine the intent of the law from the literal language of the law within the
law’s four corners.

If the language of the law is plain, clear and unambiguous, courts simply apply the law
according to its express terms. If a literal application of the law results in absurdity,
impossibility or injustice, then courts may resort to extrinsic aids of statutory
construction like the legislative history of the law or may consider the implementing
rules and regulations and pertinent executive issuances in the nature of executive
construction.

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J. How to Ascertain legislative intent

- Intention of the legislator must be ascertained, not from the consideration of a single word or a
particular phrase of the law, but from the context of the whole law or from a portion thereof as
compared with the whole

Lopez vs El Hogar In the present case, what is the meaning of the word "void" as used in sections 7 and 8
of the Usury Law? It will be noted that section 7 avoids all usurious contracts, but
immediately after this provision, it recognizes the validity of usurious negotiable
instruments whenever acquired in good faith by a third person; so that the usurious
contract which is void is not absolutely void, but perfectly valid under certain
circumstances.

The intention of the legislature must be ascertained, not from the consideration of a
single word or a particular phrase of the law, but from the context of the whole law or
from a portion thereof, as compared with the whole.
Araneta vs SUPPORT PENDENTE LITE
Concepcion
The period of 6 months is intended as cooling off period for possible reconciliation
between the spouses, BUT does not affect the other provisions such as the
determination of the custody of children and support pendent lite according to
circumstances.

Each part of the section should be construed in connection with every other part or
section so as to produce a harmonious whole. It is not proper to confine interpretation
to the one section to be construed. Thus, the determination of the custody and
alimony should be given effect and force provided it does not go to the extent of
violating the policy of cooling-off period.

Aisporna vs CA TOPIC: insurance agent “any person who for compensation… shall be an insurance
agent within the intent of this section xxx”

Legislative intent must be ascertained from a consideration of the statute as a whole.

The particular words, clauses and phrases should not be studied as detached and
isolated expressions, but the whole and every part of the statute must be considered in
fixing the meaning of any of its parts and in order to produce harmonious whole.

Board of Admin, PH Award of veteran’s pension should be made retroactive to the date it was due even if
Veterans vs Judge the application was disapproved initially for non-completion of supporting papers.
Bautista
Right to war veteran’s pension does not begin from the time the application therefore
is approved.
Period of prescription of claim to a veteran’s pension should be counted as of the time
the claim as filed with the Veteran’s Board, not the filing of the claim in court.
People vs Martinez To file charges under Sec 11 (possession of dangerous drugs) on the basis of residue
alone would frustrate the objective of the law to rehabilitate drug users and provide
them with an opportunity to recover for a second chance at life. (they are considered
victims)
Sanciangco vs Hon. A barangay captain who was appointed member of the Sangguniang Panlungsod by
Rono the president is considered resigned from the latter upon filing of a certificate of

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candidacy for the Batasan per Batas 687. He retains, however, his position as
barangay captain in case he lost in the Batasan elections.

Although it may be that section 13 (2), BP Blg 697, admits of more than one
construction, taking into consideration the nature of the positions of the officials
enumerated therein, namely, governors, mayors, members of the various sanggunians
or barangay officials, the legislative intent to distinguish between elective positions in
section 13(2), as contrasted to appointive positions in section 13(1) under the all-
encompassing clause reading “any person holding public appointive office or position”,
is clear.

A rule in statcon that “when the language of a particular section of a statute admits of
more than one construction, that construction which gives effect to the evident
purpose and object sought to be attained by the enactment of the statute as a whole,
must be followed”.

K. Subjects of Construction
1. Constitution
Aglipay vs Ruiz What is guaranteed by our Constitution is religious liberty, not mere religious toleration.
Religious freedom, however, as a constitutional mandate is not inhibition of profound
reverence for religion and is not a denial of its influence in human affairs.
Sarmiento vs Mison Under the 1987 Constitution, the clear and expressed intent of its framers is to exclude
presidential appointments from confirmation on the Commission on Appointments except
appointments to offices mentioned in the first sentence of Sec. 16 Article VII.

1935 Constitution requires confirmation by the Commission on Appointments of all

presidential appointments

1973 constitution the president has absolute power of appointment

1987 Constitution, only the first group of appointments requires confirmation of the
Commission on Appointments.

1) By following the accepted rule in constitutional and statutory construction that an

express enumeration of subjects excludes others not enumerated, it would follow
that only those appointments to positions expressly stated in the first group
require the consent (confirmation) of the Commission on Appointments.
2) It is evident that the position of Commissioner of the Bureau of Customs (a bureau
head) is not one of those within the first group of appointments where the consent
of the Commission on Appointments is required. As a matter of fact, as already
pointed out, while the 1935 Constitution includes "heads of bureaus" among those
officers whose appointments need the consent of the Commission on
Appointments, the 1987 Constitution, on the other hand, deliberately excluded the
position of "heads of bureaus" from appointments that need the consent
(confirmation) of the Commission on Appointments
Gregorio Perfecto vs The imposition of income tax upon the salary of judges is a diminution thereof, and
Meer violates the Constitution.
Pastor Endencia vs The Legislature cannot lawfully declare the collection of income tax on the salary of a
David public official, specially a judicial officer, not a decrease of his salary, after the SC has found
and decided otherwise.

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Defining and interpreting the law is a judicial function and the legislative branch may not
limit or restrict the power granted to the courts by the Constitution. The act of
interpreting the Constitution or any part thereof by the Legislature is an invasion of the
well-defined and established province and jurisdiction of the judiciary.
Nitafan vs CIR The intent of the framers of the organic law and of the people adopting it should be given
effect.

Under Sec 10, Art 8 of 1987 constitution: “the salary of the Chief Justice and of the
Associate Justices of the SC and of judges of lower courts shall be fixed by law. During their
continuance in office, their salary shall not be decreased.”

It is plain that the constitution authorizes Congress

to pass a law fixing another rate of compensation of Justices and Judges but such rate
must be higher than that which they are receiving at the time of enactment, or if lower,
it would be applicable only to those appointed after its approval.
De Castro vs JBC Prohibition under Section 15, Article VII does not apply to appointments to fill a vacancy in
the Supreme Court or to other appointments to the Judiciary.

The fact that Section 14 and Section 16 refer only to appointments within the Executive
Department renders conclusive that Section 15 also applies only to the Executive
Department. This conclusion is consistent with the rule that every part of the statute
must be interpreted with reference to the context, i.e. that every part must be considered
together with the other parts, and kept subservient to the general intent of the whole
enactment

2. Statutes
- Statute is the written will of the legislature solemnly expressed in according to form necessary to
constitute it as the law of the state.

Castro vs Sagales *restrospective in forms of remedies

A retrospective law, in a legal sense, is one which takes away or impairs vested rights
acquired under existing laws, or creates a new obligation and imposes a new duty, or
attaches a new disability, in respect of transactions or consideration already past.

Remedial statutes, or statutes relating to remedies or modes of procedure, which do not

create new or take away vested rights, but only operate in furtherance of the remedy or
confirmation of rights already existing do not come within their legal conception of a
retrospective law.
City of Baguio vs The title of RA 931 was “An Act to Authorize the Filing in Proper Court under Certain
Marcos Conditions, of Certain Claims of Title to Parcels of Land that have been Declared Public
Land, by Virtue of Judicial Decisions RENDERED within the 40 Years Next Preceding the
Approval of this Act.” Section 1 of the Act reads as “..in case such parcels of land, on
account of their failure to file such claims, have been, or about to be declared land of the
public domain by virtue of judicial proceedings INSTITUTED within the 40 years next
preceding the approval of this act.” If the title is to be followed, November 13, 1922 is the
date which should be followed, hence, would allow the reopening of the case. If Section 1
is to be followed, the date of the institution of reopening of the case which was April 12,
1912, the petition would be invalid.

The spirit or intention of a statute prevails over the letter thereof.

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A statute should be construed according to its spirit and reason, disregard. As far as
necessary, the SC does not correct the act of the Legislature, but rather xxx carry out and
give due course to its true intent.
Ebarle vs Sucaldito *EBarle, governor, graft case

Executive Order No. 264, "OUTLINING THE PROCEDUE BY WHICH COMPLAINANTS

CHARGING GOVERNMENT OFFICIALS AND EMPLOYEES WITH COMMISSION OF
IRREGULARITIES SHOULD BE GUIDED,”

Ebarle argued that EO was not followed

HELD: It is not applicable in the case. It is plain from the very wording of the Order that it
has exclusive application to administrative, not criminal complaints

It is significant that the EO in question makes specific reference to “erring officials or

employees xxx removed or otherwise vindicated.” If it were intended to apply to criminal
prosecutions, it would have employed such technical terms as “accused”, “convicted” or
“acquitted”. While this is not necessarily controlling parameter for all cases, it is here
material in construing the intent of the measure.
Lidasan vs COMELEC RA No. 4790 entitled “ An Act Creating the Municipality of Dianaton in the province of
Lanao del Sur”

RA 4790 is null and void

The constitutional provision contains dual limitations upon legislative power. First.
is to refrain from conglomeration, under one statute, of heterogeneous subjects. Second.
The title of the bill is to be couched in a language sufficient to notify the legislators and
the public and those concerned of the import of the single subject thereof. Of relevance
here is the second directive. The subject of the statute must be "expressed in the title" of
the bill. This constitutional requirement "breathes the spirit of command."

the title did not inform the members of Congress the full impact of the law. One, it did not
apprise the people in the towns of Buldon and Parang in Cotabato and in the province of
Cotabato itself that part of their territory is being taken away from their towns and
province and added to the adjacent Province of Lanao del Sur. Two, it kept the public in
the dark as to what towns and provinces were actually affected by the bill.
People vs Echavez Whether or not P.D. No. 772 which penalizes squatting and similar acts, (also) apply to
agricultural lands.

HELD:
[T]he lower court correctly ruled that the decree does not apply to pasture lands because
its preamble shows that it was intended to apply to squatting in urban communities or
more particularly to illegal constructions in squatter areas made by well-to-do
individuals.

The rule of ejusdem generis (of the same kind or species) invoked by the trial court does
not apply to this case. Here, the intent of the decree is unmistakable. It is intended to
apply only to urban communities, particularly to illegal constructions. The rule of ejusdem
generis is merely a tool of statutory construction which is resorted to when the
legislative intent is uncertain.
People vs Purisima ISSUE: Are the Informations filed by the People sufficient in form and substance to
constitute the offense of "illegal possession of deadly weapon" penalized under
Presidential Decree 9

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P.D. 9 (3) does not contain any repealing clause or provision, and repeal by implication is
not favored. This principle holds true with greater force with regards to penal statutes
which as a rule are to be construed strictly against the state and liberally in favor of the
accused.

Article 7 of Civ Code provides that laws are repealed only by subsequent ones and their
violation or non-observance shall not be excused by disuse, or custom or practice to the
contrary.
Aboitiz vs City of “Public” refers to use rather than ownership
Cebu The word “public”, as employed to describe a wharf, does not refer to its ownership either
by the National Government or by a province or municipality. Public wharves have been
held to be those used generally by the public, free of charge or for compensation, while a
private wharf is one whose owner or lessee has exclusive enjoyment or use thereof
Tanada vs Tuvera, The clause “unless it is otherwise provided” in Article 2 of the NCC refers to the effectivity
136 SCRA 267 of laws and not to the requirement of publication.

The prior publication of laws before they become effective cannot be dispensed with
Tanada vs Tuvera, #1 ISSUE: Whether or not all laws shall be published in the official gazette
146 SCRA 446
The court held that all statute including those of local application shall be published as
condition for their effectivity, which shall begin 15 days after publication unless a different
effectivity date is fixed by the legislature.

#2 ISSUE: Whether or not publication in the official gazette must be in full

The publication must be full or no publication at all since its purpose is to inform the public
of the content of the laws.
Primicias vs Mun of ISSUE: The main issue in this appeal is the validity of Ordinance No. 3, Series of 1964
Urdaneta
Municipal Order 3 is null and void as there is an explicit repeal in RA 4136 and as per
general rule, the later law prevails over an earlier law and any conflict between a municipal
order and a national law must be ruled in favor of the statute.

By this express repeal, and the general rule that a later law prevails over an earlier law,
appellants are in error in contending that "a later enactment of the law relating to the
same subject matter as that of an earlier statute is not sufficient to cause an implied
repeal of the original law."

An essential requisite for a valid ordinance is, among others, that is "must not
contravene . . . the statute," for it is a "fundamental principle that municipal ordinances
are inferior in status and subordinate to the laws of the state." Following this general
rule, whenever there is a conflict between an ordinance and a statute, the ordinance
"must give way

terms of Municipal Order 3 was ambiguous and not definite. “Vehicular Traffic” is not
defined and no distinctions were made between cars, trucks, buses, etc.
Bagatsing vs Ramirez ISSUE: What law shall govern the publication of a tax ordinance enacted by the Municipal
Board of Manila, the Revised City Charter, which requires publication of the ordinance
before its enactment and after its approval, or the Local Tax Code, which only demands
publication after its approval? ---- Local Tax Code governs. This is especially true since the
Local Tax Code was enacted later than the Charter

There is no question that the Revised Charter of the City of Manila is a special act,
whereas the Local Tax Code is a general law because it applies universally to all LGUs.

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The rule commonly said is that the fact that one is special and the other is general
creates a presumption that the special is to be considered. However, the rule yields to a
situation where the special statute refers to a subject in general which the general
statute treats in particular. This exactly is the circumstance in this case. The Revised
Charter of the City of Manila refers merely to “ordinances,” while the Local Tax Code
refers to “ordinances levying or imposing taxes, fees and other charges” in particular.
Thus, in the realm of “ordinances levying or imposing taxes, fees and other charges” the
Local Tax Code governs

Commissioner vs The rule is that on a specific matter, the special law shall prevail over the general law,
PAL which shall be resorted to only to supply deficiencies in the former. In addition, where
there are two statutes, the earlier special and the later general – the terms of the general
broad enough to include the matter provided for in the special – the fact that one is special
and the other is general creates a presumption that the special is to be considered as
remaining an exception to the general, one as a general law of the land, the other as the
law of a particular case. It is a canon of statutory construction that a later statute, general
in its terms and not expressly repealing a prior special statute, will ordinarily not affect the
special provisions of such earlier statute.

L. Interpretation of Statutes
a. Penal Statutes

General Rule:
A maxim in statutory construction mandates that penal statutes should be strictly construed against the
state and liberally in favor of the accused. The phrase, truly, may not be a mere clich but, so also, it is not
meant to wrongly shield an accused from criminal liability.46

A penal law cannot make an act punishable in a manner in which it was not punishable when committed
(Prospective application of criminal law).

Exception to the General Rule:

Whenever a new statute dealing with crime establishes conditions more lenient or favorable to the
accused, it can be given a retroactive effect.

Exception to the exception:

Where the offender is a habitual criminal or when the new law is expressly made inapplicable to
pending actions or existing causes of action.

US vs Abad Santos * the appellant here is accused of violating the Internal Revenue Law (owner of
printing shop to which his bookkeeper was not able to made an entry)
Courts will not hold one person criminally responsible for the acts of another,
committed without his knowledge or consent, unless there is a statute requiring
it so plain in its terms that there is no doubt of the intention of the Legislature.
Criminal statutes are to be strictly construed. No person should be brought within
their terms who is not clearly within them, nor should any act be pronounced
criminal which is not clearly made so by the statute

Criminal statutes are to be strictly construed

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No person should be brought within their terms who is not clearly within them, nor
should any act be pronounced criminal which is not clearly made so.
People vs The rule that penal statutes should be strictly construed against the State may be
Gatchalian invoked only where the law is ambiguous and there is doubt as to their
interpretation. Where the law is clear and unambiguous, there is no room for the
application of the rule.

Meriz vs People Meriz, herein petitioner, guilty beyond reasonable doubt of having transgressed
Batas Pambansa (BP) Bilang 22.

The essential elements of the offense penalized under BP 22 are (1) the making,
drawing and issuance of any check to apply to account or for value; (2) the
knowledge of the maker, drawer or issuer that at the time of issue he does not
have sufficient funds in or credit with the drawee bank for the payment of such
check in full upon its presentment; and (3) subsequent dishonor of the check by
the drawee bank for insufficiency of funds or credit or dishonor for the same
reason had not the drawer, without any valid cause, ordered the bank to stop
payment.

The Court has since said that a check issued as an evidence of debt, although not
intended for encashment, has the same effect like any other check and must thus
be held to be within the contemplation of BP 22. Once a check is presented for
payment, the drawee bank gives it the usual course whether issued in payment of
an obligation or just as a guaranty of an obligation

The gravamen of the offense under BP 22 is the act of making or issuing a

worthless check or a check that is dishonored upon presentment for payment.
The act effectively declares the offense to be one of malum prohibitum. The only
valid query then is whether the law has been breached, i.e., by the mere act of
issuing a bad check, without so much regard as to the criminal intent of the
issuer.

A maxim in statutory construction mandates that penal statutes should be strictly

construed against the state and liberally in favor of the accused. The phrase, truly,
may not be a mere clich but, so also, it is not meant to wrongly shield an accused
from criminal liability.

b. Tax Statutes
- The rule is that the exempting provision is to be construed liberally in favor of the taxing authority and
strictly against exemption from tax liability, the result being that statutory provisions for the refund of
taxes are strictly construed in favor of the State and against the taxpayer

How to interpret tax statutes in case of doubt?

- It is the general rule in the interpretation of statutes levying taxes or duties not to extend their
provisions beyond the clear import of the language used. In every case of doubt, such statutes are

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construed most strongly against the Government and in favor of the citizen, because burdens are not to
be imposed, nor presumed to be imposed, beyond what the statutes expressly and clearly import.

La Carlota Sugar vs Exempting provision construed strictly against taxpayer.

Jimenez
Exempting provisions are to be construed liberally in favor of the taxing authority
and strictly against exemption from tax liability.

Provisions governing the refund of taxes are strictly construed in favor of the State
and against the taxpayer.
Manila Railroad vs It is the general rule in the interpretation of statutes levying taxes or duties not to
Collector of extend their provisions beyond the clear import of the language used. In every case
Customs of doubt, such statutes are construed most strongly against the government and in
favor of the citizen, because burdens are not to be imposed, nor presumed to be
imposed, beyond what the statues expressly and clearly import.
Serfino vs Court of Strict adherence to the statues governing tax sales is imperative not only for the
Tax Appeals protection of the taxpayer but also to allay possible suspicion pf collusion between
the buyer and public officials to enforce such laws

Notice of sale to delinquent landowners and to the public in general is an

essential and indispensable requirement of law

c. Labor Statutes
- It should be noted that Article 4 of the Labor Code of the Philippines, as amended, provides that "All
doubts in the implementation and interpretation of this Code, including its implementing rules and
regulations shall be resolved in favor of labor."

Villavert vs ECC DOUBTS AS TO COMPENSABILITY OF ILLNESS SHOULD BE RESOLVED IN FAVOR OF

LABOR

From the facts, it is clear that the employee died of the disease which was directly
caused or at least aggravated by the duties performed ad code verifier, computer
operator and clerk typist, there being no evidence that he had alcoholic
intoxication before he died nor he used drugs.

It should be noted that Article 4 of Labor Code as amended, provides that “all
doubts in the implementation and interpretation of this Code, including its
implementing rules and regulations shall be resolved in favor of labor”
Del Rosario & Sons Under Article 221 of Labor Code, “in any proceeding before the Commission or any
vs NLRC of the Labor Arbiters, the rules of evidence prevailing in Courts of law or equity
shall not be controlling and it is the spirit and intention of this Code that the
Commission and its members and the Labor Arbiters shall use every and all
reasonable means to ascertain the facts in each case speedily and objectively and
without regard to technicalities of law or procedure, all in the interest of due
process”
Manahan vs ECC The presumption of compensability subsists in favor of the claimant.

In case of doubt, it should be resolved in favor of the worker and that social
legislations-like the Workmen’s Compensation Act and the Labor Code-should be
liberally construed to attain their laudable objective (ex. To give relief to the
workman and/or his dependents in the event that the former should die or sustain
an injury)

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d. Naturalization Laws
- "Naturalization laws should be rigidly enforced and strictly construed in favor of the government and
against the applicant"

Co vs Republic In answer to the question whether he believed in the principles underlying the
constitution, the petitioner answered that he believed in the laws of the
Philippines, and when asked what those laws he believed in were, he gave an
answer which conveyed the meaning that he believed in democracy or in a
democratic form of government.

Held:
• Such belief is not sufficient to comply with the requirement of the law that
one must believe in the principles underlying the constitution. The scope of
the word law in ordinary legal parlance does not necessarily include the
constitution which is the fundamental law of the land, nor does it cover all
principles underlying the constitution. Thus, the constitution expressly
declares as one of its fundamental policies that the Philippines renounces
war as an instrument of national policy; that the defense of the State is the
prime duty of the government; that the duty and right of the parents to
rear their children for civic efficiency shall receive the support of the State,
and that the promotion of social justice shall be its main concern. In so
stating that he believed merely in the laws of the Philippines, he did not
necessarily refer to those principles embodied in the constitution which
are referred to in the law.
Pe vs Republic But in the case of Pe v. Republic,58 the Court granted the naturalization petition of
the brothers-petitioners even though there is only one character reference who
testified in the proceedings because the other witness, Panfilo Chua, could not
testify because he died shortly before said hearing. The Court stated that it was a
valid excuse.
Velasco vs Republic The fact that a petitioner for naturalization was employed at a store with a salary
of P150.00 per month barely a month before he filed his petition, which store is
partly owned by his mother who had one-fifth capital investment therein, leads
one to believe that his employment, even if true, is but a convenient arrangement
planned out by him and his family in order to show a token compliance with the
requirement of law that to become a Filipino citizen one must have a lucrative
income or occupation. Considering that "naturalization laws should be rigidly
enforced and strictly construed in favor of the government and against the
applicant"

e. Probation Laws
- Application for probation is an admission of guilt on the part of an accused for the crime which led to the
judgment of conviction and that the application for probation is considered a waiver upon his part to file
an appeal, it is in the best interests of justice that the court should take the necessary steps to insure
that the accused has been fully apprised of the full import of his application before the court acts on it.

Yusi vs Morales
vs People Probation is not a right granted to a convicted offender; the Probation Law is not a
penal law for it to be liberally construed to favor the accused

In this jurisdiction, the wisdom behind the enactment of our own Probation Law, as
outlined in the said law, reads: (a) promote the correction and rehabilitation of an
offender by providing him with individualized treatment; (b) provide an
opportunity for the reformation of a penitent offender which might be less

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probable if he were to serve a prison sentence; and (c) prevent the commission of
offenses

f. Rules of Court
- Section 2, Rule 1 of the Rules of Court provides for the basic rule of thumb that said "rules shall be
liberally construed in order to promote its objective and to assist the parties in obtaining just, speedy,
and inexpensive determination of every action and proceeding."

Imperial Insurance Courts must lean in favor of affording substantial justice as against a technical
vs Rosete requirement.
Bello vs CA

g. Expropriation Laws
- The exercise of the right of eminent domain, whether directly by the State, or by its authorized agents, is
necessarily in derogation of private rights, and the rule in that case is that the authority must be strictly
construed. No species of property is held by individuals with greater tenacity, and none is guarded by
the constitution and laws more sedulously, than the right to the freehold of inhabitants. When the
legislature interferes with that right, and, for greater public purposes, appropriates the land of an
individual without his consent, the plain meaning of the law should not be enlarged by doubtly
interpretation.

City of Manila vs But when the statute does not designate the property to be taken nor how much
Chinese Community may be taken, then the necessity of taking particular property is a question for the
courts.

But, as long as there is a constitutional or statutory provision denying the right to

take land for any use other than a public use, it occurs to us that the question
whether any particular use is a public one or not is ultimately, at least, a judicial
question.

M. Latin Rules
a. Verba Legis Non Est Recedendum ("from the words of a statute there should be no departure.")

Globe Mackay vs
NLRC
Victoria vs Xxx the legislature is presumed to know the meaning of the words, to have used
COMELEC words advisedly, and to have expressed its intent by the use of such words as are
found in the statute. Verba legis non est recedendum, or from the words of a
statute there should be no departure.
Garcia vs COMELEC

b. Ratio Legis Est Anima Legis (the reason of the law is its soul)

Paras vs COMELEC ISSUE:

• Citing Section 74 (b) of Republic Act No. 7160, otherwise known as the
Local Government Code, which states that "no recall shall take place within
one (1) year from the date of the official's assumption to office or one (1)
year immediately preceding a regular local election", petitioner insists that
the scheduled January 13, 1996 recall election is now barred as the

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Sangguniang Kabataan (SK) election was set by Republic Act No. 7808 on
the first Monday of May 1996, and every three years thereafter

Provision:
Sec. 74. Limitations on Recall. — (a) Any elective local official may be the subject of
a recall election only once during his term of office for loss of confidence.

(b) No recall shall take place within one (1) year from the date of the official's
assumption to office or one (1) year immediately preceding a regular local
election.

HELD:
Paragraph (b) construed together with paragraph (a) merely designates the period
when such elective local official may be subject of a recall election, that is, during
the second year of his term of office.

Thus, subscribing to petitioner's interpretation of the phrase regular local election

to include the SK election will unduly circumscribe the novel provision of the Local
Government Code on recall, a mode of removal of public officers

c. Mens Legislatores (intention of the lawmaker)

- Legislative intent or intent of the legislature or mens legislatoris is a controlling factor in the construction
and interpretation of a law. The letter of the law gives way to the true intent of the legislature. And
when a statute is susceptible of more than one construction, the Courts shall adopt the construction
which will most tend to give effect to the intent of the legislature

Matabuena vs It is a fundamental principle in statutory construction that what is within the spirit
Cervantes of the law is as much a part of the law as what is written. Since the reason for the
ban on donations between spouses during the marriage is to prevent the
possibility of undue influence and improper pressure being exerted by one spouse
on the other, there is no reason why this prohibition shall not apply also to
common-law relationships.

If there is ever any occasion where the principle of statutory construction that
what is within the spirit of the law is as much a part of it as what is written, this is
it. Otherwise the basic purpose discernible in such codal provision would not be
attained. Whatever omission may be apparent in an interpretation purely literal of
the language used must be remedial by an adherence to its avowed objective.
Prasnick vs Republic

d. Dura Lex Sed Lex

People vs Section 879 of the Revised Administrative Code provides, as shown at least by the
Macarandang subject matter thereof, that "peace officers" are exempted from the requirements
relating to the issuance of license to possess firearms.

The appointment of the accused as a secret agent to assist in the maintenance of

peace and order campaigns and detection of crimes, sufficiently puts him within
the category of a "peace officer" equivalent even to a member of the municipal
police expressly covered by section 879.
People vs Mapa (Abandoned the ruling of Macarandang)

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The fact that a person, found in possession of an unlicensed firearm, is a secret

agent of a provincial governor does not exempt him from criminal liability. The
law does not contain any exception for a secret agent

The first and fundamental duty of the courts is to apply the law.

Construction and interpretation come only after it has been demonstrated that
application is impossible or inadequate without them. It is not within the power of
a court to set aside the clear and explicit mandate of a statutory provision.
People vs Santayana At the time of the accused’s apprehension, the doctrine then prevailing is
enunciated in the case of People vs. Macarandang, holding that the appointment
of a civilian as “secret agent to assist in the maintenance of peace and order
campaigns and detection of crimes sufficiently puts him within the category of a
‘peace officer’ equivalent even to a member of the municipal police expressly
covered by Section 879.”

The case of People vs. Mapa revoked the doctrine in the Macarandang case only
on August 30, 1967.

Under the Macarandang rule therefore obtaining at the time of the accused’s
appointment as secret agent, he incurred no criminal liability for possession of
the pistol.

e. Expressio Unius, Est Exclusion Alterius (the explicit mention of one is the exclusion of another)
- This statutory construction principle states that: where a statute, by its terms, is expressly limited to
certain matters, it may not, by interpretation or construction, be extended to others. The rule proceeds
from the premise that the legislature would not have made specified enumerations in a statute had the
intention been not to restrict its meaning and to confine its terms to those expressly mentioned.

Exceptions:

1) When adherence to such will lead to incongruities and in a violation of the equal protection clause of
the Constitution
2) When enumeration not intended to be exclusive
3) No reason exists why a person or thing is excluded

Acosta vs Flor ACTION TO REMOVE A PUBLIC OFFICER.—A private person can not maintain an
action for the removal of a public officer unless he alleges that he is entitled to the
same office. (Secs. 197 to 216, Code of Civil Procedure.)
Green Star vs Nissin- In the past, the Court upheld service of summons upon a construction project
Universal manager, a corporation’s assistant manager, ordinary clerk of a corporation,
private secretary of corporate executives, retained counsel, and officials who had
control over the operations of the corporation like the assistant general manager
or the corporation’s Chief Finance and Administrative Officer. The Court then
considered said persons as “agent” within the contemplation of the old rule.
Notably, under the new Rules, service of summons upon an agent of the
corporation is no longer authorized. The rule now likewise states “general
manager” instead of “manager”; “corporate secretary” instead of merely
“secretary”; and “treasurer” instead of “cashier.”

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It has now become restricted, limited, and exclusive only to the persons
enumerated in the aforementioned provision, following the rule in statutory
construction that the express mention of one person excludes all others, or
expressio unios est exclusio alterius.
PAGCOR vs BIR It is a basic precept of statutory construction that the express mention of one
person, thing, act, or consequence excludes all others as expressed in the familiar
maxim expressio unius est exclusio alterius.

Thus, the express mention of the GOCCs exempted from payment of corporate
income tax excludes all others. Not being excepted, petitioner PAGCOR must be
regarded as coming within the purview of the general rule that GOCCs shall pay
corporate income tax, expressed in the maxim: exceptio firmat regulam in casibus
non exceptis

f. Ejusdem Generis ("of the same kind")

- Under the well-known principle of ejusdem generis, the general words following any enumeration being
applicable only to things of the same kind or class as those specifically referred to

Mutuc vs COMELEC The Court held that “the general words following any enumeration being
applicable only to things of the same kind or class as those specifically referred to”.
The COMELEC’s contention that a candidate’s jingle form part of the prohibition,
categorized under the phrase “and the like”, could not merit the court’s approval
by principle of Ejusdem Generis.

It is quite apparent that what was contemplated in the Act was the distribution
of gadgets of the kind referred to as a means of inducement to obtain a favorable
vote for the candidate responsible for its distribution
US vs Sto. Nino STATUTE: It shall be unlawful to for any person to carry concealed about his person
any bowie, knife, dagger, kris or other deadly weapon. Provided prohibition shall
not apply to firearms who have secured a license or who are entitled to carry the
same under the provisions of this Act.”

ISSUE: does “the deadly weapon” include an unlicensed revolver?

HELD: Yes! Carrying such would be in violation of statute. By the proviso, it

manifested its intention to include in the prohibition weapons other than armas
blancas therein specified.
Parayno vs Hence, because of the distinct and definite meanings alluded to the two terms by
Jovellanos the zoning ordinance, respondents could not insist that “gasoline service station”
under Section 44 necessarily included “gasoline filling station” under Section 21.
Indeed, the activities undertaken in a “gas service station” did not automatically
embrace those in a “gas filling station.”

g. Cassus Omissus Pro Omisso Habendus Est (A person, object, or thing omitted from an enumeration in a
statute must be held to have been omitted intentionally)

People vs Manantan Provision:

• Section 54. Active intervention of public officers and employees. - No
justice, judge, fiscal, treasurer, or assessor of any province, no officer or
employee of the Army, no member of the national, provincial, city,
municipal or rural police force, and no classified civil service officer or
employee shall aid in any candidate, or exert influence in any manner in

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any election or take part therein, except to vote, if entitled thereto, or to

preserve public peace, if he is a peace officer

The rule of "casus omisus pro omisso habendus est" can operate and apply only if
and when the omission has been clearly established.

In the case at bar, the Legislature did not exclude or omit justices of the peace
from the enumeration of officers precluded from engaging in partisan political
activities. Rather, they were merely called by another term—"judges." The rule,
therefore, has no applicability to the instant case.

Where a statute appears on its face to limit the operation of its provisions to
particular persons or things by enumerating them, but no reason exists why other
persons or things not so enumerated should not have been included, and manifest
injustice will follow by not so including them, the maxim expresio unius est exclusio
alterius, should not be invoked.
Lopez vs CA

h. Noscitur A Sociis (the meaning of an unclear or ambiguous word (as in a statute or contract) should be
determined by considering the words with which it is associated in the context)

Sanciangco vs Rono Since Sanciangco is unquestionably anappointive member of the Sangguniang

Panlungsod of Ozamiz City, he isdeemed to have ipso facto ceased to be such
member when he filed hiscertificate of candidacy for the 14 May 1984 Batasan
elections

Although it may be that Section 13(2), B.P. Blg. 697, admits of more than one
construction, taking into consideration the nature of the positions of the officials
enumerated therein, namely, governors, mayors, members of the various
sanggunians or barangay officials, the legislative intent to distinguish between
elective positions in section 13(2), as contrasted to appointive positions in section
13(1) under the all-encompassing clause reading “any person holding public
appointive office or position,” is clear.
It is a rule of statutory construction that “when the language of a particular section
of a statute admits of more than one construction, that construction which gives
effect to the evident purpose and object sought to be attained by the enactment of
the statute as a whole, must be followed.”

“A statute’s clauses and phrases should not be taken as detached and isolated
expressions, but the whole and every part thereof must be considered in fixing the
meaning of any of its parts.
Aisporna vs CA Provision:

• SECTION 189. No insurance company doing business within the Philippine

Islands, nor any agent thereof shall pay any commission or other
compensation to any person for services in obtaining new insurance
unless such person shall have first procured from the Insurance
Commissioner a certificate of authority to act as an agent of such company
hereinafter provided. No person shall act as agent, subagent, or broker xxx

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• Any person or company violating the provisions of this section shall be fined
in the sum of five hundred pesos. On the conviction of any person acting
as agent, subagent, or broker, of the commission of any offense connected
with the business of insurance, the Insurance Commissioner shall
immediately revoke the certificate of authority issued to him and no such
certificate shall thereafter be issued to such convicted person.

HELD:
definition of an insurance agent as found in the second paragraph of Section 189 is
intended to define the word “agent” mentioned in the first and second paragraphs
of the aforesaid section. More significantly, in its second paragraph, it is explicitly
provided that the definition of an insurance agent is within the intent of Section
189.

N. Construction and Interpretation of Words and Phrases

a. Ordinary Meaning

It is a basic rule of statutory construction that if a statute is clear, plain and free from ambiguity, it must be
given its literal meaning and applied without any interpretation. Not only that; in the matter of
interpretation of laws on probation, the Court has pronounced that "the policy of liberality of probation
statutes cannot prevail against the categorical provisions of the law

Pablo vs Hon. It is a basic rule of statutory construction that if a statute is clear, plain and free
Castillo (ordinary from ambiguity, it must be given its literal meaning and applied without any
meaning) interpretation. Not only that; in the matter of interpretation of laws on probation,
the Court has pronounced that “the policy of liberality of probation statutes cannot
prevail against the categorical provisions of the law.”

Nothing in Section 9, paragraph (c) qualifies “previous conviction” as referring to a

conviction for a crime which is entirely different from that for which the offender is
applying for probation or a crime which arose out of a single act or transaction

Probation law is not a penal statute, and therefore, the principle of liberal
interpretation is inapplicable
Capati vs Ocampo May and Shall

It is well settled that the word “may” is merely permissive and operates to confer
discretion upon a party. Under ordinary circumstances, the term “may be”
connotes possibility; it does not connote certainty. “May” is an auxiliary verb
indicating liberty, opportunity, permission or possibility.
Basiana vs Luna The enumeration in par. 2, Section 47 of the Mining haw (CA. 137, as amended’ of
what may be used as a tie point in locating a mine is exclusive. The use of “may”
therein does not suggest non-exclusiveness of its enumeration, but simply that
any one of those enumerated may be used as a tie point
Alfon vs Republic Principally vs Exclusively
Word “principally” in Art. 364 of the Civil Code interpreted ---

The only reason why the lower court denied the petitioner’s prayer to change her
surname is that as legitimate child of Filomeno Duterte and Estrella Alfon she
should principally use the surname of her father invoking Art. 364 of the Civil Code.

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But the word “principally” as used in the codal provision is not equivalent to
“exclusively” so that there is no legal obstacle if a legitimate or legitimated child
should choose to use the surname of its mother to which it is equally entitled.
Rura vs Lopena Previous

Word “previous” in Section 9(c) of the Probation Law relates to the date of
conviction, not to the date of the commission of the crime

We hold for the petitioner. When he applied for probation he had no previous
conviction by final judgment. When he applied for probation the only conviction
against him was the judgment which was the subject of his application. The statute
relates “previous” to the date of conviction, not to the date of the commission of
the crime
National Housing Every
Corp vs Juco
Provision:
Sec. 11, Art XII-B of the Constitution specifically provides: "The Civil Service
embraces every branch, agency, subdivision and instrumentality of the
Government, including every government owned and controlled corporation.”

“Every” which modifies the phrase “government-owned or controlled corporation”

means each one of a group without exception.—

“Every” means each one of a group, without exception. It means all possible and
all, taken one by one. Of course, our decision in this case refers to a corporation
created as a government-owned or controlled entity. It does not cover cases
involving private firms taken over by the government in foreclosure or similar
proceedings.
Arabay vs CFI Punctuations

Provision in the Local Autonomy Act that municipalities “shall, in no case, impose
any percentage tax on sales or other taxes on articles subject to specific tax,
except gasoline,” when given a reasonable and practical interpretation means
that Congress intentionally meant to put it within the power of municipalities to
impose whatever form or type of taxes on gasoline, including a sales tax or one in
that form. Gasoline is of no practical use to its producer unless sold.

In our opinion, a reasonable and practical interpretation of the terms of the

proviso in question results in the conclusion that Congress, in excluding gasoline
from the general disability imposed on municipalities and municipal districts to
exact any kind of taxes on articles subject to specific tax under the Tax Code,
deliberately and intentionally meant to put it within the power of such local
governments to impose whatever type or form of taxes the latter may deem
proper to levy on gasoline, including a sales tax or one in that form
Demafiles vs Surplusage
COMELEC
Provision:
“The first mayor, vice-mayor and councilors of the Municipality of Sebaste shall
be elected in the next general elections for local officials and shall have qualified
[sic].”

HELD:
the last portion of the provision—“and shall have qualified”—is devoid of any
meaning, is unmitigated jargon in or out of context, and does not warrant the

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respondent’s reading that the term of office of the first municipal officials of
Sebaste begins immediately after their proclamation.
Central Capiz vs FACTS: (sugar cane=private)
Ramirez • the respondent refused to continue with her contract obligations in the
view that it violates Act No. 2874, “An Act To Amend And Compile the
Laws Relating to Lands Of The Public Domain, And For Other Purposes.”

• phrase "and for other purposes," found in the title of said Act (No. 2874), by
virtue of the provisions of section 3 of the Act of Congress of August 29,
1916 (the Jones Law), cannot be interpreted to include, nor be made
applicable to, any lands not public.
People vs Dinglasan RESTRICTIONS NOT GIVEN UNLESS EXPRESSED

Statutory provisions should not be given a restricted meaning where no restriction

is indicated. Just as the express enumeration of persons, objects, situations, etc., is
construed to exclude those not mentioned, so no distinction should be made
where none appears to be intended

O. Rule on Conflicting Provisions of the Same Statute

Manila Railroad vs It is the general rule in the interpretation of statutes levying taxes or duties not to
Insular Collector of extend their provisions beyond the clear import of the language used. In every case
Customs of doubt, such statutes are construed most strongly against the Government and in
favor of the citizen, because burdens are not to be imposed, nor presumed to be
imposed, beyond what the statutes expressly and clearly import
Almeda vs Law – “the municipal board shall have a secretary who shall be appointed by it to
Florentino serve during the term of office of the members thereof”

Amendment – “the vice-mayor shall appoint all employees of the board who may
be suspended or removed in accordance with law”

Construction of both Law and Amendment – the power of the vice-mayor to make
appointment pursuant to the amendatory act is limited to the appointment of all
employees of the board other than the board secretary who is to be appointed by
the board itself

Provisions:
• "SEC. 14. Appointment, salary and duties of Secretary of Board.—The Board
shall have a secretary who shall be appointed by it to serve during the
term of office of the members thereof. The compensation of the secretary
shalI be fixed by ordinance approved by the Secretary of the Interior, at not
exceeding three thousand six hundred pesos per annum. A vacancy in the
office of the secretary shall be filled temporarily for the unexpired term in
like manner."
• "SEC. 12. Constitution and organization of the Municipal Board—
Compensation of members thereof.—The Municipal Board shall be the
legislative body of the city and shall be composed of one Mayor, who shall
be its presiding officer, the Vice-Mayor, who shall be ex-officio councilor
when not acting as Mayor, and seven councilors, who shall be elected at
large by popular vote during every election for provincial and municipal
officials in conformity with the provisions of the Election Code. In case of
sickness, absence, suspension or temporary disability of any member of the
Board, or if necessary to maintain a quorum, the President of the
Philippines may appoint a temporary substitute who shall possess all the

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rights and perform all the duties of a member of the Board until the return
to duty of the regular incumbent. Xxx

The power of appointment of Board employees is conferred upon the vicemayor

by section 1 of Republic Act 2709; but the preamble of said section expressly
recites that it is an amendment to section 12 of the Pasay City charter, and to no
other. Because repeals legislature so intended (U.S. vs. Palacio, 33 Phil. 216;
Lichauco vs. Apostol, 44 Phil, 138); and since courts are duty bound to adopt a
construction that will give effect to every part of a statute, if at all possible, there is
no alternative but to interpret the charter as limiting the power of the Vice-Mayor
under section 12 (as amended) to the appointment of all the employees of the
Board other than the Secretary, who is to be appointed by the Board itself, as
specificaIly prescribed by section 14 of the Pasay City charter.

P. Rule on Conflicting Provisions of Different Statutes

Diosdado Sitchon vs It is true that Articles 700 and 702 of the Civil Code, empower the district health
Aquino officer to determine whether or not abatement, without judicial proceedings, is
the best remedy against public nuisance. However, section 31 of Republic Act No.
409 (Revised Charter of the City of Manila), specifically places upon the city
engineer such duty, Obviously, the provisions of the Civil Code, being general
provisions applicable throughout the Philippines, should yield to section 31 of
Republic Act No. 409, which is a special provision specifically designed from the
City of Manila. Moreover, section 1122 of the Revised Ordinance of the City of
Manila (No. 1600) explicitly authorizes the city engineer to remove, at the owner’s
expenses, unauthorized obstructions, whenever the owner or person responsible
therefor shall, after official notice, refuse or neglect to remove the same
Lagman vs City of Republic Act No. 409, as amended (Revised Charter of the City of Manila) is a
Manila special law and of later enactment than Commonwealth Act No. 548 and the Public
Service Law (Commonwealth Act No. 146, as amended) so that even if a conflict
exists between the provisions of the former and the latter acts, Republic Act No.
409 should prevail.
Teotico vs City of Provisions:
Manila • Republic Act 409 - "SEC. 18. Legislative powers.—The Municipal Board shall
have the following legislative powers: x x x x x
"(x) Subject to the provisions of existing law to provide or the laying out,
construction and improvement, and to regulate the use of streets, avenues,
alleys, sidewalks, wharves, piers, parks, cemeteries, and other public
places; to provide for lighting, cleaning, and sprinkling of streets and public
places;. x x x

• Article 2189 --- xxx "provinces, cities and municipalities x x x liable for
damages for the death of , or injury suffered by, an by reason"—
specifically—"of the defective condition of roads, streets, bridges, public
buildings, and other public works under their control or supervision."

Section 4 of Republic Act 409 refers to liability arising from negligence, in general,
regardless of the object thereof

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Article 2189 of the Civil Code governs liability due to "defective streets," in
particular =THIS APPLIES
Commissioner vs
PAL

Q. Rule on Conflict between a special provision of a general law and a general provision of a special law
Bagatsing vs There is no question that the Revised Charter of the City of Manila is a special act,
Ramirez whereas the Local Tax Code is a general law because it applies universally to all
LGUs.
The rule commonly said is that the fact that one is special and the other is general
creates a presumption that the special is to be considered. However, the rule
yields to a situation where the special statute refers to a subject in general which
the general statute treats in particular. T

his exactly is the circumstance in this case. The Revised Charter of the City of
Manila refers merely to “ordinances,” while the Local Tax Code refers to
“ordinances levying or imposing taxes, fees and other charges” in particular. Thus,
in the realm of “ordinances levying or imposing taxes, fees and other charges”
the Local Tax Code governs. This is especially true since the Local Tax Code was
enacted later than the Charter
City of Manila vs Section 4 of Republic Act 409 refers to liability arising from negligence, in general,
Teotico regardless of the object thereof

Article 2189 of the Civil Code governs liability due to "defective streets," in
particular =THIS APPLIES

R. What are External Aids and when are they resorted to?
a. Origin of Statute

US vs Venancio de ISSUE:
Guzman • Failure of the Defendant in the case at bar to faithfully and honestly carry
out his undertaking to appear as witness and to tell the truth at the trial of
his co-accused deprived him of the right to plead his formal dismissal as a
bar to his prosecution.

In construing the statutes which the courts are called upon to administer and
apply, judicial notice may be taken of their origin and history, and of the facts
which affect their derivation, validity and operation.
Salaysay vs Castro MEANING OF PHRASE “RESIGNED FROM His OFFICE.”

Section 27 of Republic Act 180 in providing that a local elective official running for
an office other than the one he is actually holding, is considered resigned from his
office, must necessarily refer to an office which said official can resign, or from
which he could be considered resigned, even against his will. A Vice-Mayor acting
as Mayor cannot resign or be made to resign from the office of Mayor because the
law itself requires that as Vice-Mayor he must act as Mayor during the temporary
disability of the regular or incumbent Mayor.

b. Legislative Debates

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Roman Catholic
Bishop vs Social
Security
China Bank vs In passing Republic Act 1405, no intention of the Legislature to place bank
Ortega deposits beyond the reach of execution to satisfy a final judgment.—–It is clear
from the discussion of the conference committee report on Senate Bill No. 351 and
House. Bill No. 3977, which later became RepublicAct 1405, that the prohibition
against examination of or inquiry into a bank deposit under Republic Act 1405 does
not preclude its being garnished to insure satisfaction of a judgment.

Indeed there is no real inquiry in such a case, and if existence of the deposit is
disclosed the disclosure is purely incidental to the execution process. It is hard to
conceive that it was ever within the intention of Congress to enable debtors to
evade payment of their just debts, even if ordered by the Court, through the
expedient of converting their assets into cash and depositing the same in a bank.
De Villa vs CA The Bouncing Checks Law does not distinguish the currency to which the violation
extended and thus, foreign check is covered by the law. The records of the Batasan
Vol. III also showed that the lawmaker's intention is to apply the law to whatever
currency.

Where the law does not make any exception, courts may not except something
unless compelling reasons exist to justify it

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