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including its atmosphere, its interior waters and maritime zone, but also
outside of its jurisdiction, against those who: 1. Should commit an
offense while on a Philippine ship or airship; 2. Should forge or
counterfeit any coin or currency note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine
Islands; 3. Should be liable for acts connected with the introduction
into these islands of the obligations and securities mentioned in the
preceding number; 4. While being public officers or employees, should
commit an offense in the exercise of their functions; or 5. Should commit
any of the crimes against national security and the law of nations,
defined in Title One of Book Two of this Code. 3.7 Prospective and
Retrospective Operation of Statutes Constitution, Article III, Section 22
Section 22. No ex post facto law or bill of attainder shall be enacted.
Civil Code, Article 4 Article 4. Laws shall have no retroactive effect,
unless the contrary is provided. (3) EO No. 292, Section 19 Section 19.
Prospectivity. - Laws shall have prospective effect unless the contrary
is expressly provided. Revised Penal Code, Article 22 Article 22.
Retroactive effect of penal laws. - Penal laws shall have a retroactive
effect insofar as they favor the person guilty of a felony, who is not a
habitual criminal, as this term is defined in rule 5 of article 62 of
this Code, although at the time of the publication of such laws a final
sentence has been pronounced and the convict is serving the same.
IV. AMENDEMENTS, REVISIONS, REPEALS
the lease, lessor had to occupy, but not covered by CA 689 since out of
RA 309 amended by RA 983 6 Sundays for PCSO, 30 Sundays for private
increasing to 12 races and draws for PCSO, without
specif
assigned for private races proper
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4.2 Revision
The only officer authorized by the Charter of the City of Bacolod to
initiate criminal cases in the courts thereof is its Ci
Capitol Subd. Montelibano ejects Benares who refused, cleared the
issued by Judge Ferrer
did not reproduce Sec. 699; offers benefits under Employees Compensation
ement
both (Sec. 699 & ECC), construed as continuation
4.3 Repeals Civil Code, Article 7 Article 7. Laws are repealed only by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. When the courts
declared a law to be inconsistent with the Constitution, the former shall
be void and the latter shall govern. Administrative or executive acts,
orders and regulations shall be valid only when they are not contrary to
the laws or the Constitution. (5a) Administrative Code of 1987, Book I,
Chapter 5, Operation and Effect of Laws Section 21. No Implied Revival of
Repealed Law.- When a law which expressly repeals a prior law itself
repealed, the law first repealed shall not be thereby revived unless
expressly so provided. Section 22. Revival of Law Impliedly Repealed. When a law which impliedly repeals a prior law is itself repealed, the
prior law shall thereby be revived, unless the repealing law provides
Planters vs. Feliciano Lagman vs. City of Manila National Power
Corporation vs. Acra Gaerlan, Jr. vs. Catubig People vs. Pimentel Hagad
vs. Gozo-Dadole Republic vs. Marcopper Mining Corporation
V. Nature and Concept of Statutory Construction
terminated union go
jurisdiction pursuant to BP 227
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Article 217 of BP 227 is explicit and clear; no need for construction and
interpretation The first and fundamental duty of courts is to apply the
law. Construction and interpretation come only after it has been
demonstrated that application is impossible or inadequate without them.
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and (2) it leaves law enforcers unbridled discretion in carrying out its
provisions and becomes an arbitrary flexing of the Government muscle. In
no way may the ordinances at bar be said to be tainted with the vice of
vagueness. It is unmistakable from their very provisions that the
appellant falls within its coverage.
VI. Objects and Methods of Construction
a. Verba Legis or Literal Interpretation/Plain Meaning Rule If a
statute is clear, plain and free from ambiguity, it must be given its
literal meaning an
This case is a case of where the true intent of the law is clear that
calls for the application of the cardinal rule of statutory construction
that such intent or spirit must prevail over the letter thereof, for
whatever is within the spirit of a statute is within the statute, since
adherence to the letter would result in absurdity, injustice and
contradictions and would defeat the plain and vital purpose of the
statute. By this, the Supreme Court is NOT correcting the act of the
Legislature, but is rather, carrying out and giving due course to its
intent.
c. Mens Legislatoris/Mischief Rule It is a principle of statutory
construction that what is within the spirit of the law is as much a part
of it as what is written. Otherwise the basic purpose discernible in such
Toribio slaughtered a carabao for human consumption without a permit from
the municipal treasure of the municipality wherein it was slaughtered, in
violation of the provisions of sections 30 and 33 of Act No. 1147, an Act
regulating the registration, branding, and slaught
Appellant contends that there was no municipal slaughterhouse in Carmen,
Bohol, hence Act No. 1147 do not prohibit nor penalize the slaughter of
primarily seeks to protect the "large cattle" of the Philippine Islands
against theft and to make easy the recovery and return of such cattle to
of a statute is fairly susceptible of two or more constructions, that
construction should be adopted which will most tend to give effect to the
manifest intent of the lawmaker and promote the object for which the
statute was enacted, and a construction should be rejected which would
tend to render abortive other provisions of the statute and to defeat the
accident and left his widower, Leonora and who he married in the hospital
b
language of the Workmen's Compensation Act, a widow living with the
deceased or actually dependent upon him totally or partly as well as her
daughter, if under 18 years of age or incapable of supporting him or
herself, and unmarried, whether or not actually dependent upon the
is equally plain. We must apply it to the facts as found. Assuming a
choice is necessary between conflicting theories, that which best
conforms to the language of the statute and its purpose should prevail.
d. Equity of the Statute Civil Code Article 9. No judge or court shall
decline to render judgment by reason of the silence, obscurity or
insufficiency of the laws. (6) Article 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. (n) STATUTORY CONSTRUCTION
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Tan and Moreno, together with Ismael Ramil was charged with violation of
Section 68, PD No. 75, as amended by EO No. 277. Lumbar is included in
the term timber. Lumber is a processed log or processed forest raw
material. the Code uses the term lumber in its ordinary or common usage.
The dictionary defines lumber as a processed log or timber. It is settled
that in the absence of legislative intent to the contrary, words and
phrases used in a statute should be given their plain, ordinary and
common usage meaning. And insofar as possession of timber without the
required legal documents is concerned, Section 68 of PD No. 705, as
amended makes no distinction between raw or processed timber.
of Sec. 54 of the
any influence in any
of the peace was not
were called as
The term and/or was held to mean that effect shall be given to both the
conjunctive (and) and the disjunctive (or); or that one word or the other
may be taken accordingly as one or the other will best effectuate the
intended purpose In using the term "and/or", the word "and" and the word
"or" are to be used interchangeably. BY ANALOGY, the words Lines &
Spaces/Tri-Realty mean that effect shall be given to both Lines & Spaces
and Tri-Realty OR that Lines & Spaces and Tri-Realty may be used
interchangeably Hence, petitioners were not careless when they believed
Eleanor Sanchez's representation that 'Lines & Spaces/Tri-Realty refers
to just one entity; there was, therefore, no error attributable to
petitioners when they refunded the value of the undelivered bags of
cement to Lines & Spaces only.
More than 61% of the capital stock of petitioner is held and owned by
persons who are not citizens of the Philippine Islands or of the United
States; The land involved is a private agricultural land Purpose of Act
No. 2874 was and is to limit its application to lands of public domain
and that lands held in private ownership are not included therein and are
not affected in any manner whatsoever The 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
filed charging the Defendant withillegal possession of deadly weapon in
violation of PD No. 9
the Information did not allege facts which constitute the offense
Preamble of PD No. 9: WHEREAS, subversion, rebellion, insurrection,
lawless violence, criminality, chaos and public disorder mentioned in the
aforesaid Proclamation No. 1081 are committed and abetted by the use of
carrying any of the weapons described in the presidential decree is not a
"preamble," usually introduced by the "Whereas" clause, is the key of the
statute, to open the minds of the makers as to the mischiefs which are to
be remedied, and objects which are to be accomplished, by the provisions
and Natividad, were caught in a gambling house and were penalized on a
charge of vagrancy under the provisions of Act No. 519: (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
tailoring business; and Natividad was a tailor, married, and had a house
of his own; it was under the first part of the portion of law for which
based upon something more substantial than the mere punctuation found in
conclusive, and the courts will not hesitate to change the punctuation
when necessary, to give to the Act the effect intended by the
Legislature, disregarding superfluous or incorrect punctuation marks, and
inserting others where necessary; they were acquitted 8.1.4 Definition
Buenviaje was found guilty of violation of illegal practice of medicine &
illegally advertising oneself as a doctor in accordance with Section 2678
of the Administrative STATUTORY CONSTRUCTION
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Unabia was a foreman, Group Disposal, Office of the City Health Officer,
Cebu City; the City Mayor removed him from the service and his place was
taken by Perfecto Abellana, and latter by Pedro E. Gonzales; Petitioner
in the Philippine Civil Service, specifically the unclassified service
and his removal from his position is a violation of section 694 of the
Revised Administrative Code and section 4 of Art XII of the Constitution
Service" in the Constitution and the use small letters for the "civil
service" in the Revised Administrative code indicates only those
positions wherein the nature of the work and qualifications are not
words "Civil
Service" were used in the Constitution to indicate the group. No capitals
are used in the similar provisions of the Code to indicate the system.
Hence, there is no difference between the use of capitals in the
constitution and small letters in the Revised Administrative Code. Both
are expressly declared to belong to the Civil Service; hence the same
dismissed and since he did not petition for mandamus for his
reinstatement within a year, he is deemed to have abandoned his right to
his former position and is not entitled to reinstatement therein by
mandamus 8.2 Extrinsic Aids Legislative History Prior to Enactment 8.2.1
cy vs.
-in-fact of
Ma-ao Sugar Central Co. shipped 5,124,416 gross kilos of centrifugal
sugar to US in a wharf on Pulapandan, Occidental Negros on steamship
Hannover a privately owned wharf
collected wharfage dues on sugar at P2 per thousand gross kilos or a
total amount of P10,248.84; plaintiff paid, under protest trial court
wharfage and not on any other harbor dues that the exporter would
accumulate including duty of tonnage STATUTORY CONSTRUCTION
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Duty of tonnage means is a duty tax or burden imposed under the authority
of the state, which is, by the law imposing it, to be measured by the
capacity of the vessel, and is in its essence contribution claimed for
the privilege of arriving and departing from a port The Government can be
allowed to collect because not to do so would overthrow and destroy the
whole system of the Government, in and by which millions of pesos have
been levied and collected and expended in the construction of Government
wharves, and it would have defeated the construction of the Government
wharf at Pulapandan Following the Contemporaneous Circumstance
construction what is the intention of the lawmakers historically,
wharves not owned nor operated by government cannot be taxed or levied
upon Technically the meaning of such is a charge or rent for the use of
wharf but then again according to the High Court the meaning of the term
is for the construction of wharfs because there are no wharfs existing at
the enactment of such statute and after such enactment the wharfs have
been constructed left and right
suspension of Mayor Barobo for misconduct and dishonesty set aside. The
power of preventive suspension is not lodged in the provincial governor
zation Act of 1967 was ascertained using
effective instruments through which the people can in a most genuine
consonance with such policy, its purpose is "to grant to local
governments greater freedom and ampler means to respond to the needs of
their people and promote their prosperity and happiness and to effect a
more equitable and systematic distribution of governmental powers and
way to accomplish this mandate is to give a statute of doubtful meaning,
a construction that will promote public policy 8.2.3 Legislative History
mortgaged to a bank defaulted
1961 Oliva given 2 years to redeem
Prior to May 31, 1963, he offered to repurchase the property but the
a torrens title, he is entitled to redeem the property within five (5)
years from the date of the auction sale, pursuant to Section 119 of CA
e right of redemption expired on
February 4, 1963, under the provisions of Sec 6 of RA No. 720, as amended
history of the bills which later became said RA No. 2670, amending RA No.
720, shows that the original proposal was to give homesteaders or free
patent holders a period of 10 years within which to redeem their property
foreclosed by rural banks; STATUTORY CONSTRUCTION
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Consequently, the proposal was given up, with the specific intent and
understanding that homesteaders or holders of free patent would retain
the right to redeem within five (5) years from the conveyance of their
properties, as provided in the general law, that is to say the Public
Land Act, or Commonwealth Act No. 141.
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Laguna
the Laguna Lake Development Authority, it was amended by PD 813 & EO
permit for the use of all surface water for any projects or activities in
which contained provisions which granted fishing privileges and which the
served notice stating that violation of RA 4850 carries a penalty of
has jurisdiction, LLDA or local towns and municipalities? LLDA, no
repeal of RA 4850 by LGC; LGC is a general law, RA 4850 is a special law
-settled rule in this jurisdiction that a special statute,
provided for a particular case or class of cases, is not repealed by a
subsequent statute, general in its terms, provisions and application,
unless the intent to repeal or alter is manifest, although the terms of
the general law are broad enough to include the cases embraced in the
by EO 245 created NTA; Congress passed RA 6758, entitled An Act
Prescribing a Revised Compensation and Position Classification in the
Government and for Other Purposes; DBM issued Corporate Compensation
employees of NTA have been receiving amelioration benefit which was later
changed to educational assistance ; Dalisay Aracan, Auditor of NTA,
issued a Notice of Disallowance of the payment of the educational
educational assistance is not among those allowances mentioned in Subthe social amelioration or educational assistance benefit given to the
individual petitioners prior to enactment of R.A. 6758 is authorized
u
into the prescribed salary rates, except xxx (7) such other additional
compensation not otherwise specified in Section 12 as may be determined
by the DBMxxx the enumerated fringe benefits are in the nature of
-all proviso, the legislative
intent is just to include the fringe benefits which are in the nature of
-paragraph 5.4 of IRR enumerates the allowance/fringe
benefits which are not integrated into the basic salary and which may be
-paragraph 5.5 of IRR provides for the other
allowances/fringe benefits not likewise integrated into the basic salary
reimbursement is
not necessary, allowance reimbursement is required; the benefits
mentioned in the first sentence of Section 12 and sub-paragraphs 5.4 and
5.5 of CCC No. 10 are entirely different from the benefit in dispute,
ardinal is the rule in
statutory construction that 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 a harmonious whole; conflicting
provisions should be reconciled and harmonized, if at all possible
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Act creating the CAR) with the votes of the people in the provinces of
Benguet, Mountain Province, Kalinga-Apayao, Ifugao, Abra and the city of
memorandum from the COMELEC and the Secretary of Justice states that only
provinces voting favorably in the plebiscite shall constitute the region
there shall be created autonomous regions xxx consisting of provinces,
cities, municipalities and geographical areas xxx From this, it can be
derived that the term region used in its ordinary sense means two or
never intended that a single province may constitute the Autonomous
ust join other provinces,
cities, municipalities, and geographical areas; it joins other units
because of their common and distinctive historical and cultural heritage,
well-established rule
Constitution, as much
has in common use and
are to be given their
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the end of the second sentence It is the duty of the Court to apply the
1987 Constitution in accordance with what it says and not in accordance
with how the legislature or the executive would want it interpreted
Confirmation by the Commission on Appointments is required ONLY for the
1st group: heads of the executive departments, ambassadors, other public
ministers and consuls, officers of the armed forces from the rank of
colonel or naval captain; and 2nd group: other officers whose
appointments are vested in him in this Constitution NLRC falls under the
3rd group of appointees: Those whom the president may be authorized by
law to appoint