Académique Documents
Professionnel Documents
Culture Documents
MID-TERM
1.) Romulo Mabanta v. HDMF
And / or
The Board of Trustees of HDMF
cannot exercise its rule making
power by issuing a regulation not
consistent with the law it seeks to
apply.
2.) Marine Mammals v. Angelo Reyes
Moot and Academic
3.) Caltex v. Palomar & Manila Jockey
Club v. GAB
Inquiry is made to see whether the
language
used
sufficiently
expresses its meaning to know what
the author meant by its language
4.) Perfecto v. Meer 1950
Income does not include the salaries
of judges. Thus, judges are exempt
from paying income tax
Judicial officers are exempt from the
payment of income tax on their
salaries because it constitutes a
decrease or diminution of their
salaries during the continuance of
their office which is expressly
prohibited by the constitution.
5.) Endencia v. David 1953
RA 590: No salary by a public officer
is exempt from tax
Such law invaded the jurisdiction of
the judiciary. The act of interpreting
the Constitution or any part of it by
the legislative is an invasion of the
well-defined
and
established
province and jurisdiction of the
judiciary.
6.) Nitafan v. CIR 1987
The SC ruled that all members of the
Judiciary are liable to pay income
taxes as shown during the debates,
interpellations
and
opinions
expressed by the framers of the
Constitution.
Garica v. SSS
Unremitted SSS contributions
Sections must be understood or
interpreted as a whole and not by
parts
11.)
Daoang v. IAC
Adopting a grandchild
The law must be applied according
to its literal meaning
The law is clear and unambiguous
12.)
People v. Purisima
PD 9 Illegal Possession of a deadly
weapon
The preamble showed the intent and
spirit of the law. PD 9 should then be
made
applicable
to
rebellion,
subversion, insurrection.. etc.
13.)
Aisporma v. CA
Unlawfully acting as an insurance
agent
14.)
Chinabank v. Ortega
Refusal to comply with a court
process garnishing a bank deposit
15.)
City of Baguio v. Marcos
Inconsistency between the title and
the body of the law
Title: Declared Public Land
Body: Have been or about to be
declared as public land
The title of the act is always indicative
of legislative intent
16.)
People v. Subido
Libel case against the mayor
The use comma in penalties
Subsidiary imprisonment in case of
insolvency
qualifies
both
nonpayment of indemnity and nonpayment of fines
17.)
National Federation of Labor v.
NLRC
Employees
were
demanding
separation pay as provided in Art. 283
of the Labor Code, .the employer
MAY terminate the employment of the
employee.
Employer is not liable because such
law is applicable only to voluntary
closures or reduction of personnel
Literal Meaning What is not clearly
provided in law cannot be extended to
those matters outside its scope
If the statute is clear, plain and free
from ambiguity, it must be given its
literal meaning
18.)
King v. Hernaez
Harmonization of Laws
US v. Toribio
Slaughtered Carabao without permit
20.)
Paras v. COMELEC
WON general election covers SK
elections?
No., every part of the statute must be
interpreted with reference to the
whole context
21.)
Abellana v. Marave
Whether the ICA should be dismissed
because the petitioners failed to
reserve such right upon the institution
of the criminal case for physical
injuries?
No. Literal Construction of the law is
not favored because Art. 33 of the
NCC involves a substantive right and
cannot be made nugatory by
Construction.
22.)
Salvacion v. Central Bank
WON foreign currency deposit act is
applicable to a foreign transient?
Yes. When a statute is silent or
ambiguous it is presumed that the law
making body intended right and
justice to prevail.
23.)
Chua v. CSC
RA No. 6683: Early Retirement
benefits of regular, temporary, casual
and emergency employees of the
government
Includes co-terminous employees
Doctrine of Necessary Implication
What is implied in a statute is as
much as part of what is expressed
Casus Omissus A person, object or
thing omitted from an enumeration
must be held to have been omitted
intentionally
24.)
Guerrero v. COMELEC
25.)
Alonto v. People
BP 22. The law does not distinguish
WON checks within its contemplation
are used in payment of an obligation
or as guarantee of the said obligation
When the law does not distinguish,
the courts should not distinguish
31.)
Sitchon v. Aquino
There is a public nuisance. This case
falls on art. 694 classifying as a
nuisance the obstruction of free
passage of any public highway or
street. It is public because it affects a
community or neighbourhood. The
constructions in fact constitute
nuisances per se, obstructing at all
times the streets. As such, the
summary removal of these may be
authorized by statute or ordinance.
26.)
Carandang v. Santiago
WON Physical Injuries has the same
meaning in the RPC with the NCC?
No., General terms are used.
27.)
Mutuc v. COMELEC
Political jingles are not prohibited under
the Constitutional Convention Act
Ejusdem Generis Only the distribution
of gadgets of the kind referred to as a
means of inducement to obtain a
favorable vote for the candidate
FINALS
28.)
Dialdas v. Percides
The transfer of business cannot be
considered as voluntary retirement
from business because the Retail
Trade Law did not expressly or
impliedly repealed Sec. 199 of the
NIRC.
29.)
Magtajas v. Pryce Properties
Ordinances should not contravene a
statute
because
local
councils
exercise only delegated legislative
powers conferred to them by
Congress.
30.)
Almeda v. Florentino
The power of the vice-mayor to make
appointment
pursuant
to
the
amendatory act is limited to the
32.)
De Joya v. Lantin
The BOC has jurisdiction to seize
goods
and
institute
forfeiture
proceedings because said articles
were released irregularly from Cebu.
33.)
Azarcon v. Sandiganbayan
The BIRs power authorizing a private
individual to act as a depositary
cannot be stretched to include the
power to appoint him.
Where the language of a statute is
clear and unambiguous, the law is
applied according to its terms and
interpretation would be resorted to
only where a literal interpretation
would be either impossible or would
lead to injustice.
34.)
Centeno v. Pornillos
Charitable is different from religious
purposes because where a statute
by its terms is expressly limited to
certain matters, it may not by
interpretation or construction be
extended to others.
35.)
Laurel v. Abrogar
Penal laws are construed strictly.
36.)
ATC v. CA
The fact that 2 holidays fall on the
same date should not operate as to
reduce 10 to 9 holiday pay benefits.
Strict Construction
Liberal Construction
Prospective Laws
Retroactive Laws
One which operates upon facts or transactions One which creates a new obligation, imposes a
that occur after the statute takes effect, one that new duty or attaches a new disability in respect to
looks and applies to the future.
transaction already past.
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5.
Penal Laws
Substantive Laws
Statutes affecting Vested Rights
Statutes affecting Obligations of Contracts
Repealing and Amendatory Acts