STATUTORY CONSTRUCTION, DEFINITION

Caltex Phils Inc v. Palomar L-19650, 29 September 1966 [ponente] Facts: Issue: Held:

SUBJECTS OF CONSTRUCTION AND INTERPRETATION The Constitution and statutes and ordinances Resolutions, executive orders, department circulars

SITUS OF STATUTORY CONSTRUCTION JUDICIAL FUNCTION

Situs of statutory construction - lies in the judiciary department The courts have the say on what the law is.

CONSTRUCTION AND INTERPRETATION

DEFINITION; PURPOSE; DISTINGUISHED; WHEN NECESSARY DIFFERENT KINDS OF CONSTRUCTION AND INTERPRETATION Hermeneutics the science and art of construction and interpretation Legal hermeneutics the systematic body of rules which are recognized as applicable to the construction and interpretation of legal writings 1. 2. 3. 4. 5. Closed interpretation Extensive interpretation Extravagant interpretation Free or unrestricted interpretation Limited or restricted interpretation

RELATIVE PROVISIONS OF LAW

Civil Code Art. 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. Civil Code Art. 10. In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail.

JUDICIAL POWER TRADITIONAL CONCEPT, EXPANDED CONCEPT

Constitution (Art. VIII The Judiciary Department) Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.

CHECKS AND BALANCES: IN RELATION TO LEGISLATIVE POWER; IN RELATION TO EXECUTIVE POWER

People v. Amigo GR No. 116719, 18 January 1996 Melo, J. Facts: Patricio Amigo stabbed Benito Ng Suy which resulted to the latters death. The accused was sentenced to reclusion perpetua. He contends that he should be sentenced to reclusion temporal medium (17 years, 14 months, 1 day to 20 years) because reclusion perpetua is too harsh and he pleads for the sympathy of the court. Issue: WON Republic Act 7659 modifies the penalties upon the suspension of the death penalty and whether the accused can plead for sympathy. Held: No. The statute does not modify the penalties to be imposed. It only states that the death penalty be suspended. Only the reduction of death penalty to reclusion perpetua is explicitly indicated. It is not the duty of the Courts to legislate, modify or revise statutes, but only to apply, interpret and construe them. Moreover, the Courts must not be carried away by the emotion of the defendant, because the maxim dura lex sed lex applies. No matter how harsh the law is, the courts are bound to provide them as punishments for corresponding crimes. Mantrade Employee & Worker's Union v. Bacungan GR No. 48437, 30 Sept 1986

Facts: The arbitrator ruled that the Mantrade Development Corporation is not entitled to compensate its employees holiday pay for they are monthly paid employees, meaning they are presumed to be paid in all working days of the month, including holidays. Mantrade employees demand for a holiday pay, invoking Art. 94 of the Labor Code which states that every employee is entitled to a holiday pay. Issue: WON monthly paid employees are entitled to holiday pay. Held: YES. Art. 82 provides for the coverage of those who are covered and not covered by the right to holiday pay. It is clear that monthly paid employees are not excluded from the benefits of the holiday pay. The exclusion of the monthly paid employees provided by Sec. 2, Rule IV, Book III of the Integrated Rules and the Secretarys Policy Instruction No. 9 is only in the presumption that the salary of monthly paid employees already includes the holiday pays. Administrative execution that is contrary to law is invalid. Conde v. IAC GR No. 70443, 15 Sept 1986 2nd division, Gutierrez Jr. Facts: A case was filed in the RTC of Capas, Tarlac and the court ruled in favour of Conde et al. and against Gutierrez being a fraud and not a legal successor of the property in question. Gutierrez appealed the case to the CA, which ruled in his favour. Conde et al. filed an action to annul the judgment of the CA which reversed the RTCs decision in the RTC. The RTC dismissed the complaint because it had no jurisdiction on a higher courts decision. Conde et al. appealed the case

at the IAC, but the court dismissed the case for there is no ground for appeal and that the RTC has no jurisdiction over the decision of the Court of Appeals. Issue: WON the IACs decision to deny jurisdiction on the appeal of Conde et al. is valid. Held: No. SC decides appeals which only involve questions of law. It is not the SCs function to analyze or weigh such evidence all over again. Jurisdiction of the SC is limited only to receiving errors of law that might have been committed by lower courts. It is the duty of the appellate courts to take those kinds of works from SC. And the SC is only concerned about national affairs. Manila Prince Hotel v. GSIS Manila Hotel Corp GR No. 122156, 3 Feb 1997 Facts: As part of the privatization program provided by Proclamation No. 50, GSIS decided to sell for public bidding 30-51% of the Manila Hotel Corporation shares. Only two companies participated in the bidding: the Manila Prince Corporation and a Malaysian firm Renong Berhad. MPC matched the bid of Renong Berhad, but GSIS refused to award the bid. MPC invoked the Filipino First Policy embodied in the 1987 Constitution to acquire the MHC shares. Manila Hotel, being a historical monument, is a part of the national economy and patrimony provided by Sec. 2, Art. XII of the Constitution. Moreover, since Manila Hotel is a GOCC, it is part of the national economy. Issue:

WON Manila Hotel is part of the national economy and patrimony under Sec. 2 of Art. XII of the 1987 Constitution and WON the said provision is self-executing. Held: YES. The said provision of the Constitution is construed as self-executing. Records of the 1986 Constitutional Commission reveal that the absence of legislation does not make a constitutional provision ineffective. The word patrimony also refers to the cultural heritage of the Filipino race. Hence, on the records of the 1986 Constitutional Commission, at least 60% of the corporations in the country must be at least owned by Filipinos. Mun. of San Juan, MM v. CA, et. al. GR No. 125183, 29 Sept 1997 Facts: On 17 February 1978, President Ferdinand Marcos issued Proclamation No. 1716 reserving for municipal government center site purposes certain parcels of land of public domain located in the municipality of San Juan. The land in question was occupied by squatters, so relocation is necessary. After the resettlement of hundreds of families, the municipality started to construct the INP Building. On 6 October 1987, former President Corazon Aquino issued Proclamation No. 164 amending Proclamation No. 1716. Issue: WON Proclamation No. 164 is a valid ground to recover the lands from San Juan given by Proclamation No. 1716. Held: CA decision was set aside. Proclamation No. 164 cannot amend Proclamation 1716. Proclamation No. 1716 is issued by President Marcos in the due exercise of his legislative

power vested upon him by Amendment No. 6 in 1976. It is therefore a valid act of legislation, thus requiring another valid act of legislation to be amended. Proclamation No. 164 is not a valid act of legislation. Pres. Aquino exercised her power as the member of the executive branch, not as a legislative body. Hence, the Proclamation No. 164 is null and void.

BASIC RULES: APPLY, INTERPRET, CONSTRUCT

Songco v. NLRC GR 50999-5100 March 23, 1990 Facts: Zuellig (M) Inc. filed with the Department of Labor (Regional Office No. 4) a clearance to terminate the services of petitioners Jose Songco, Romeo Cipres and Amancio Manuel due to alleged financial losses. However, the petitioners argued that the company is not suffering any losses and the real reason for their termination was their membership in the union. At the last hearing of the case, the petitioner manifested that they no longer contesting their dismissal, however, they argued that they should be granted a separation pay. Each of the petitioners was receiving a monthly salary of P40, 000.00 plus commissions for every sale they made. Under the CBA entered by the Zuellig Inc. and the petitioners, in Article XIV, Section 1(a), Any employee, who is separated from employment due to old age, sickness, death or permanent lay-off not due to the fault of said employee shall receive from the company a retirement gratuity in an amount equivalent to one months salary per year of service. One month of salary as used in this paragraph shall be deemed equivalent to the salary at date of retirement; years of service shall be deemed

equivalent to total service credits, a fraction of at least six months being considered one year, including probationary employment. Other basis for petitioners contention are Article 284 of the Labor Code with regards to reduction of personnel and Sections 9(b) and 10 of Rule 1, Book VI of the Rules Implementing the Labor Code. The Labor Arbiter rendered his decision directing the company to pay the complainants separation pay equivalent to their one month salary (exclusive of commissions, allowances, etc.) for every year of service that they have worked with the company. The petitioners appealed to the NLRC but it was denied. Petitioner Romeo Cipres filed a Notice of Voluntary Abandonment and Withdrawal of petition contending that he had received, to his full and complete satisfaction, his separation pay. Hence, this petition. Issue: Whether or not earned sales commissions and allowances should be included in the monthly salary of petitioners for the purpose of computation of their separation pay. Held: The petition is granted. Petitioners contention that in arriving at the correct and legal amount of separation pay due to them, whether under the Labor Code or the CBA, their basic salary, earned sales commissions and allowances should be added together. Insofar as whether the allowances should be included in the monthly salary of petitioners for the purpose of computation of their separation pay is concerned, this has been settled in the case of Santos vs. NLRC, 76721, in the computation of backwages and separation pay, account must be taken not only of the basic salary of petitioner but also of her transportation and emergency living allowances. In the issue of whether commission should be included in the computation of their separation pay, it is proper to define first commission. Blacks Law Dictionary

defined commission as the recompensed, compensation or reward of an agent, salesman, executor, trustees, receiver, factor, broker or bailee, when the same is calculated as a percentage on the amount of his transactions or on the profit to the principal. The nature of the work of a salesman and the reason for such type of remuneration for services rendered demonstrate clearly that the commission are part of petitioners wage and salary. Some salesmen do not receive any basic salary but depend on commission and allowances or commissions alone, are part of petitioners wage and salary. Some salesman do not received any basic salary but depend on commission and allowances or commissions alone, although an employer-employee relationship exist. In Soriano v. NLRC, it is ruled then that, the commissions also claimed by petitioner (override commission plus net deposit incentive) are not properly includible in such base figure since such commissions must be earned by actual market transactions attributable to petitioner. Applying this by analogy, since the commissions in the present case were earned by actual market transactions attributable to petitioners, these should be included in their separation pay. In the computation thereof, what should be taken into account is the average commissions earned during their last year of employment. People v. Mapa L-22301, Aug 30, 1967 Facts: Mapa was charged and convicted of the crime of illegal possession of firearms and ammunition by the Manila CFI. He defended that he is an employed secret agent of Batangas governor Leviste and at the time of the commission of the offense, he had a confidential mission in Manila, Pasay and Quezon.

Issue: WON appointment as a secret agent of a governor exempts one from the crime of illegal possession of firearms. Held: NO. The law is very clear in stating that is shall be unlawful for any person to possess any firearm, detached parts of firearms or ammunition. Moreover, a secret agent is not covered with the provision when such firearms are in possession of such officials and public servants for use in the performance of their official duties. No provision is made for a secret agent. Re: Request of Judge Gustilo, AM No RTJ-04-1868 Aug 13, 2004 Facts: Judge Tito G. Gustilo of the Iloilo RTC is set to retire at the age of 70. He all in all served the judiciary for 21 years, 7 years and 11 months of which is renderedas the Executive Judge of the Iloilo RTC. He requested for the consideration of special allowance in comutation of his retirement pay for it is barely one month from 11 November 2003 which grants additional compensation in the form of special allowance to justices, judges and other positions in the judiciary. Issue: WON the request of Judge Tito Gustilo be granted on the basis of RA 9227. Held: No. Special allowance actually received and that which has accrued at the time of the retirement shall be included in the computation of the retirement pay. In the case at bar, the next 25% of the special allowance had never come from any existence. It was yet to be accrued by the petitioner and the

provision made it clear that allowances only accrued shall be included in the computation. Director of Land v. CA GR 102858 July 28, 1997 Facts: Teodoro Abistado filed a petition for original registration of his title over 648 square meters of land. Abistado died the application of his land is still being processed. His heirs, represented by their aunt Josefa Abistado, substituted as applicants. The applicants published the notice of initial hearing in the Official Gazette, but not in a newspaper of a general circulation. CA revised RTCs decision ruling htat newspaper publication will not affect RTCs authority to grant the application of title. Hence an appeal was filed by the Director of Land. Issue: WON Section 23 of PD 1529 indeed requires the notice of initial hearing of the application for land registration to be published both in the Official Gazette and a newspaper of general circulation. Held: YES. The word shall in the provision consists of an imperative and indicates the statute as mandatory. Publication in both the Official Gazette and newspaper of a general circulation is explicitly stated in the law. The reason for the requirement to publish such in a newspaper is due process, because not everyone can read the Official Gazette due to its limited circulation and delayed publication sometimes. The law speaks for itself. If the law is not ambiguous, there is no need for interpretation, but only to apply the law.

Olivia Pascual v. Esperanza Pascual GR 84240 March 25, 1992 Facts: Don Andres Pascual died intestate on 12 October 1973 without any issue, legitimate, acknowledged natural, adopted or spurious children, and was survived with heirs, including acknowledged natural children of Eligio Pascual, full blood brother of the deceased, Olivia and Hermes Pascual. Petitioners contend that they are the representative of their father as a co-heir in Don Andres Pascuals property. Issue: WON Art. 992 of the Civil Code of the Philippines can be interpreted to exclude recognized children from the inheritance of the accused. Held: NO. Olivia and Hermes, as illegitimate children, do not fall under Art. 992, which provides, An illegitimate child has no right to inherit ab instestato from the legitimate children and relatives of his father and mother, nor shall such children or relatives inherit in the same manner from the illegitimate child. Eligio Pascual is a legitimate child, but petitioners are his illegitimate children. Ramirez v. CA Sept 30, 1986 Second Division, Feria Facts: Agapita Bonifacio purchased the land in question, a public land, from Gregoria Pasucal. Agapita died, leaving the land to her legal heirs. The legal heirs obtained a Php400 loan from the Ramirez couple and mortgaged the land. The new tax declaration of the land was named under the Ramirez couple,

thus now having the responsibility to pay the taxes of the land. The legal heirs Filed to recover the land and found out that the title of the land was already named after the Ramirez couple. A petition was filed by the legal heirs of Agapita tio renew the decree of registration of the land and accused the Ramirez couple a fraud. On failure by the Ramirez couple to secure the pertinent documents, the CA ruled in favour of the legal heirs Francisca Medina, et al. Hence, an appeal was filed by spouses Ramirez. Issue: WON Sec. 38 of Act. No 496 applies to land registration proceedings wherein the land in question is a public land. Held: YES. Once the deed, grant, or instrument of convergence of public land is registered with the register of deeds and certificate and owners duplicate title is used, it is a registered land, and is inside the scope of the Land Registration Law. The Decree of Registration granted by the lower court in favour of the Ramirez sopuses may be reviewed on the ground of actual and extrinsic fraud, under Sec. 38 of the Land Registration Law. The law is clear and there is no need for judicial interpretation to be applied to the facts.

320 SCRA 279 December 9, 1999 Facts: On September 28, 1984, BF Homes filed a Petition for Rehabilitation and for Declaration of Suspension of Payments with the SEC. RCBC, one of the creditors listed in BF Homes inventory of creditors and liabilities, on October 26, 1984, requested the Provincial Sheriff of Rizal to extra-judicially foreclose its real estate mortgage on some properties of BF Homes. BF Homes opposed the auction sale and the SEC ordered the issuance of a writ of preliminary injunction upon petitioners filing of a bond. Presumably unaware of the filing of the bond on the very day of the auction sale, the sheriff proceeded with the public auction sale in which RCBC was the highest bidder for the properties auctioned. But because of the proceedings in the SEC, the sheriff withheld the delivery to RCBC of the certificate of sale covering the auctioned properties. On March 13, 1985, despite the SEC case, RCBC filed with RTC an action for mandamus against the provincial sheriff of Rizal to compel him to execute in its favor a certificate of sale of the auctioned properties. On March 18, 1985, the SEC appointed a Management Committee for BF Homes. Consequently, the trial court granted RCBCs motion for judgment on the pleading ordering respondents to execute and deliver to petitioner the Certificate of Auction Sale. On appeal, the SC affirmed CAs decision (setting aside RTCs decision dismissing the mandamus case and suspending issuance to RCBC of new land titles until the resolution of the SEC case) ruling that whenever a distressed corporation asks the SEC for rehabilitation and suspension of payments,

AMBIGUITY, DEFINED
Tarlac Development Corp v. CA L-41012 Sept 30, 1976 Facts: Issue: Held: RCBC v. IAC

preferred creditors may no longer assert such preference but stand on equal footing with other creditors. Hence, this Motion for Reconsideration. Issue: When should the suspension of actions for claims against BF Homes take effect? Held: The issue of whether or not preferred creditors of distressed corporations stand on equal footing with all other creditors gains relevance and materiality only upon the appointment of a management committee, rehabilitation receiver, board or body. Upon cursory reading of Section 6, par (c) of PD 902-A, it is adequately clear that suspension of claims against a corporation under rehabilitation is counted or figured up only upon the appointment of a management committee or a rehabilitation takes effect as soon as the application or a petition for rehabilitation is filed with the SEC may to some, be more logical and wise but unfortunately, such is incongruent with the clear language of the law. To insist on such ruling, no matter how practical and noble would be to encroach upon legislative prerogative to define the wisdom of the law --- plainly judicial legislation. Once a management committee, rehabilitation receiver, board or body is appointed pursuant to PD 902-A, all actions for claims against a distressed corporation pending before any court, tribunal, board or body shall be suspended accordingly; Suspension shall not prejudice or render ineffective the status of a secured creditor as compared to a totally unsecured creditor. What it merely provides is that all actions for claims against the corporation, partnership or association shall be suspended. This should give the receiver

a chance to rehabilitate the corporation if there should still be a possibility for doing so. In the event that rehabilitation is no longer feasible and claims against the distressed corporation would eventually have to be settled, the secured creditors shall enjoy preference over the unsecured creditors subject only to the provisions of the Civil Code on Concurrence and Preferences of Credit.

INTRINSIC AIDS
PREAMBLE
People v. Purisima Facts: Information were filed to 26 individuals from various places before the CFI Manila and Samar for illegal possession of deadly weapon which is in violation of PD No. 9 pursuant to Proclamation 1081 (Martial Law 1973). On the motion to quash by the accused, the three respondent judges issued an order to quash or dismiss the information on the grounds of lack of essential elements to constitute an offense penalized by PD 9. According to the judges, the two elements must be present in order to constitute the offense: (1) possession of the prohibited weapons outside of their residences and (2) intention to use the weapons to commit subversion, rebellion, etc. which are stated in the Preamble of the said PD. The petitioners contend that the prohibited acts do not have to be related to subversion and the intent of the accused is not necessary to identify since it is a special penal law, the law intends not only to eradicate subversive acts but criminality in general, and that the preamble of the text must not prevail over the text itself. Issue:

WON the petitioners correctly argued as to the intention of the PD 9. Held: NO. The intention of PD 9 is to penalize acts which are those related to the desired result of Proclamation 1081 and Gen. Orders 6 and 7 (to suppress those who commit or abet lawlessness, rebellion, subversion, etc.) PD 9 concurs with that as stated in its preamble which reflects the intent and spirit of that statute and determines what acts fall within the purview of the statute. PREAMBLE Eugenio v. Executive Secretary G.R. No. 109404, 22 January 1996 Facts: Private respondent purchased two lots from the petitioner in the E & S Delta Village in Quezon Cxity. Due to a collective complaints for non-development filed by the Delta Homeowners Association in NHA, the said agency ordered the petitioner to stop selling lots onwed by him. Private respondent suspended his payments bcause of the owners failure to develop the village. Petitioner then resold one of the two lots to Relevo spouses. Private respondent filed a complaint in Human Settlements Regulatory Commission to annul the sale of land to the Relevo spouses and reconvey the land to him. The OAALA dismissed the complaint. On appeal to the Commission Proper of the HSRC, the earlier decision was reversed and ordered the petitioner to complete the subdivision development, reinstatement of the title to the private respondent and the refund of all payments made thereon. The petitioner appealed the decision and the Executive Secretary dismissed it. Hence the present petition in the Supreme Court.

Issue: WON failure to develop a subdivision constitute is a justification of non-payment of amortizations by a buyer on instalment under land purchase agreements even prior to the enactment of PD 957. Held: YES. PD 957 is given a retroactive effect to cover those contracts executed even before 1976. The statute did not expressly provided for the retroactivity of the law, but the intent of the law, as provided by its preamble, is an indicator that the law be given retroactive effect. As an instrument of social justice, the law must favour the weak and the disadvantaged. PD 957 was enacted to protect helpless citizens who may be manipulated by subdivision and condominium sellers. People v. Echavez Facts: On October 25, 1977, Judge Ello filed an separate information against 16 persons charged of squatting as penalized by PD 772. Five of the information was raffled to Judge Echavez Jr. Before the arraignment of the accused, Judge Echavez dismissed the five information on the grounds that the accused (1) use stealth and strategy to occupy the land in question, and (2) under the rule of ejusdem generis, the decree does not apply to agricultural lands. Because of the order, the fiscal amended the information by using with threat, and taking advantage of the ranchowner and/or tolerance of the said ranchowner in replacement of stealth and strategy. The trial court dismissed the petition because of their interpretation of the phrase and for other purposes applying the ejusdem generis rule does not include agricultural lands and the preamble does not make mention

of the Secretary of Agriculture. Hence the present petition under RA 5440. Issue: WON PD 772 applies to agricultural lands. Held: NO. The preamble of the law ( squatting is still a major problem in urban communities all over the country.) shows that it is intended for squatting in urban communities or to illegal construction in squatter areas made by well-to-do individuals. The Letter of Instruction No. 19-A provides for relocation of squatters in the interest of public health, safety and peace and order. RA 947 instead punishes the act of squatting in agricultural lands.

the phrase tramping or straying in the country to the phrase without visible means of support. Held: NO. It is the intent of the legislature to penalize only those people gambling and loitering without visible means of support. While it is found out that Hart et al. have their own corresponding sources of income, they were acquitted of the said charge. The punctuation is not to be given much weight especially if the meaning it gives does not really go consistent with the real intention of the legislators.

SECTION HEADING
Commissioner of Customs v. Relunia G.R. No. L-11860, 29 May 1959 Montemayor, J. Facts: The Commissioner of Customs affirmed the decision of the Collector of Customs in Manila which forfeited the articles contained in RPS Misamis Oriental that are deemed unmanifested. The decision was reversed by the Court of Tax Appeals declaring the forfeiture of the articles, including the electric range in question as illegal. According to Section 1363 (g) of the Revised Administrative Code, any unmanifested merchandise found on any vessel is subject to forfeiture. Moreover, according to Sections 1221, 1225 and 1228 of the RAC, masters of government vessels from foreign ports are the ones who will make the manifestation and document such. However, the title of Article VI of the Customs Law, Entrance of vessels in foreign trade reflects that only vessels engaged in foreign trade are subject to manifestation. Issue:

PUNCTUATION
US v. Hart Facts: Hart et al. were caught in a gambling house and were charged of vagrancy under Section I of Acta No. 519, which states that, (2) every person found loitering about saloons or dram shops or gambling houses, or tramping or straying through the country without visible means of support. Defendants pleaded guilty of gambling charge prior to their vagrancy charge which makes them covered by the abovementioned provision. Attorney General argues that the phrase without visible means of support is meant to refer also to loitering about saloons or dram shops or gambling houses, and defendants all have their own sources of income enough to support themselves in comfort. Issue: Whether or not it is the intent of the legislature, through the placement of the comma in the said provision, to only refer

WON the title of the Article VI of the Customs Law exempts RPS Misamis Oriental in conducting manifestations of the articles in its vessel Held: No. Resort to the title of a statute as an aid in interpretation thereof is an unsafe criterion, and is not entitled too much weight. The title be resorted as an aid where there is doubt as to the meaning of the law or intention of the legislature in enacting it, not otherwise. Section 1228 of the RAC reveals the comprehensive nature of the provision that includes all vessels, with the exemption only given to war vessels and vessels by any foreign government. A manifest is obviously meant to place beyond doubt the nature of the load of the cargo that a vessel carries.

1.) That the Constitution can only be amended by peoples initiative if there is an enabling law passed by Congress, to which no such law has yet been passed; and 2.) That R.A. 6735 does not suffice as an enabling law on peoples initiative on the Constitution, unlike in the other modes of initiative. Issue: WON the subtitles II and III of RA 6735 are enough to conclude that the statute does not intend to allow the amendment of the Constitution thru peoples initiative. Held: YES. There is no subtitle provided for the amendment of constitution. Moreover the statute is still proven insufficient to allow the amendment of Constitution thru peoples initiative because there has been no provision providing the initiative and referendum for the Constitution, only for national and local legislatures. Under the said law, initiative on the Constitution is confined only to proposals to AMEND. The people are not accorded the power to "directly propose, enact, approve, or reject, in whole or in part, the Constitution" through the system of initiative. They can only do so with respect to "laws, ordinances, or resolutions." The use of the clause "proposed laws sought to be enacted, approved or rejected, amended or repealed" denotes that R.A. No. 6735 excludes initiative on amendments to the Constitution. Also, while the law provides subtitles for National Initiative and Referendum and for Local Initiative and Referendum, no subtitle is provided for initiative on the Constitution. This means that the main thrust of the law is initiative and referendum on national and local laws. If R.A. No. 6735 were

SUBTITLE
Santiago v. COMELEC G.R. No. 127325, 19 March 1997 Facts: On December 6, 1996, Atty. Jesus S. Delfin, founding member of the Movement for People's Initiative, filed with the COMELEC a "Petition to Amend the Constitution, to Lift Term Limits of Elective Officials, by People's Initiative" citing Section 2, Article XVII of the Constitution. Acting on the petition, the COMELEC set the case for hearing and directed Delfin to have the petition published. After the hearing the arguments between petitioners and opposing parties, the COMELEC directed Delfin and the oppositors to file their "memoranda and/or oppositions/memoranda" within five days. On December 18, 1996, Senator Miriam Defensor Santiago, Alexander Padilla, and Maria Isabel Ongpin filed a special civil action for prohibition under Rule 65 raising the following arguments, among others:

intended to fully provide for the implementation of the initiative on amendments to the Constitution, it could have provided for a subtitle therefor, considering that in the order of things, the primacy of interest, or hierarchy of values, the right of the people to directly propose amendments to the Constitution is far more important than the initiative on national and local laws. While R.A. No. 6735 specially detailed the process in implementing initiative and referendum on national and local laws, it intentionally did not do so on the system of initiative on amendments to the Constitution.

WON Rivera can be charged with the crime of incriminating innocent persons under Art. 363 of the Revised Penal Code. Held: Art. 363 of the revised Penal Code must be construed with Art. 326 of the Old Penal Code. In the latter, the gravamen of the offense is the accusation itself made before an administrative or judicial officer, whereas in the former, the gravamen of the offense is performing an act which tends directly to such an accusation. Art. 326 needs proof of false accusation before prosecution, while Art. 363 does not need such. It is not the intention of the legislature to just accuse a person of incriminating an innocent without proof.

HEADING
People v. Rivera G.R. No. L-38215, 22 December 1933 Butte, J. Facts: The case is an appeal to the decision of CFI dismissing the case against Faustino Rivera who has been charged for incriminating an innocent person (Article 363 of the Revised Penal Code) after the case he filed against Domingo Vito and Felisa Moreno of the crime of theft for stealing an American suit containing an eyeglass and a buntal hat was dismissed. Art. 363. Incriminating innocent person. Any person who, by any act not constituting perjury, shall directly incriminate or impute to an innocent person the commission of a crime, shall be punished by arresto menor. Art. 363 in its Spanish translation is under the heading Asenchanzas Inculpatorias. Issue: