CHAPTER 1 PRELIMINARY CONSIDERATIONS

Statutory Construction- art or process of expounding on the meaning and intention of the authors of the law with respect to the
application of a given case.

CONSTRUCTION
INTERPRETATION
Drawing of conclusions with respect to the
Process of discovering the true meaning of the
subjects beyond the direct expression of the text
language used.
from elements known and given in the text.
The SITUS OF CONSTRUCTION AND INTERPRETATION of written laws belong to the JUDICAL DEPARTMENT.
DUTY OF THE COURTS TO CONSTRUE AND INTERPRET THE LAW; REQUISITES
1. There must be an actual case or controversy
2. There is ambiguity in the law involved in the controversy. The law involved is susceptible to two or more interpretations.
TITLE OF THE CASE
DOCTRINE/PRINCIPLE
SUMMARY OF FACTS
HELD
DIRECTOR OF LANDS V. COURT
Where the law speaks in clear
FACTS: The heirs of Teodoro Abistado
HELD: Legal requisites must be
OF APPEALS
and categorical language, there continued before the RTC the
duly accomplished. The law
Heirs publication case
is no room for interpretation,
deceaseds petition of original
applied the word shall and thus
(DIR V. CA)
vacillation or equivocation,
registration of his land; The land
reflect the mandatory nature of
there is only room for
registration court dismissed the
the section of the law. Any
application.
petition for Lack of Jurisdiction
decision that the court may
because the heirs failed to comply with promulgate with regards to a
The law is unambiguous and it
Sec 23 (1) of Presidential Decree 1529 particular land registration case
is clear. There is no room for
which requires the applicants to
that has not been published
interpretation or construction. publish the notice of initial hearing in
would be legally infirm.
a newspaper of general circulation. CA
reversed decision saying publication
was merely procedural.

OLIVIA S. PASCUAL AND HERMES

PASCUAL V. ESPERANZA C
PASCUAL BAUTISTA, ET AL.
Natural Illegitimate children

When the law is clear, it is not

susceptible of interpretation. It
must be applied regardless of
who may be affected, even if

The petitioners, the illegitimate

children of Don Andres Pascuals fullblooded brother moved to be
recognized for their hereditary rights,

The law clearly prohibits the

illegitimate heirs to absolutely
succeed ab instetato between
the legitimate children and the

case
(PASCUAL V. PASCUAL
BAUTISTA)

the law may be harsh or

erroneous.

PEOPLE OF THE PHILIPPINES V.

MARIO MAPA Y MAPULONG
Secret Agent Mapa case
(PEOPLE V. MAPA)

The first and fundamental duty

of the courts is to apply the
law.

PEOPLE OF THE PHILIPPINES V.

AMIGO
Sympathy for a murderer case
(PEOPLE V. AMIGO)

The duty of the courts is simply

to apply the law, disregarding
their feeling of sympathy or
pity for the accused.

contending that the term illegitimate

children shall be only mean spurious
children not natural children in
relation to the deceased according to
Art 992 of the civil code
Defendant was convicted of illegal
possession of firearms. On appeal, he
used as a defense that he was
commissioned by the Governor of
Batangas to carry a weapon as a secret
agent.
Accused appellant was charged and
convicted of Reclusion Perpetua before
the RTC. The accused pleads that it is
cruel and harsh

legitimate children. The

contention of petitioners are
more humane however the law
may be harsh but it is the law.
No provision is made for a
secret agent. Construction and
interpretation must come
subsequently if there is a prior
unclear law.
Courts are not the proper forum
to plea sympathy. The court can
do nothing but to apply the law
in such case.

SUBJECT OF CONSTRUCTION OF INTERPRETATION- The provisions of the Constitution, Statutes, ordinances, resolutions, executive orders
and circulars.

CHAPTER 2: STATUTES

Bill a draft or proposed law from the time of its introduction in the legislative body through all the various stages in both houses.
Draft- proposed law before it is enacted into a law by a vote of the legislative body.
Act- proper term of the law when it passed and has been approved by the legislative body.
Statute law- includes the stature and its judicial construction and interpretation

CONSTITUTIONAL TEST IN THE PASSAGE OF A BILL

1. Every bill shall only embrace one subject which shall be expressed in the title thereof.

The purpose of constitutional requirements are

- To prevent hodge-podge
- To prevent surprise or fraud upon the legislature

To fairly apprise the people and that every portion of the law shall have the opportunity to be heard and discussed.

2. There shall be a three reading an no amendment rule

-

No amendment rule only refers to the time when the bill is on its last reading or if it is about to be passed to another house.
If no amendment rule, negotiations on the bill would not cease and therefore it will inhibit the passing of the bill into a law.

3. Every bill passed by the Congress shall, before it becomes a law, be presented to the President.
- The executive approval and veto power of the President is the 3rd most important constitutional requirement in the mechanical passage of the
law
PARTS OF THE STATUTE

Title- heading usually containing the brief summary of its contents

Preamble- Explains the reasons for its enactment and objects sought to be accomplished. Whereas
Enacting Clause- It identifies the act to be an act of legislation proceeding from the proper legal authority. Be it enacted
Body- The main and operative part of the statute containing its substantive and procedural provisions
Repealing Clause- The part of the stature which announces the prior statues or specific provisions which have been abrogated by reason
of the enactment of the law.
Saving Clause- A restriction in the repealing act, which intends to save the rights and consequences of the acts that has been abrogated.
Separability Clause- Provides that in the event that one or two provisions of the law are considered void or unconstitutional, the
remaining provisions shall still be in force.
Effectivity Clause- That part of the statute which announces the effectivity date of the law.

KINDS OF STATUTES

General law- affects the community at large

Specific law- designed generally for a specific purpose limited to a prescribed field of action or operation
Local law- relates or operates only in a particular locality.
Public Law- A general classification fo law which concerns with the organization of the state, the relation between the state and its
people and the responsibilities public officers.

Private law- Those portions of law which governs relationships among individuals, associations and corporations
Remedial Statute- A statute providing means or method where a cause of action may be effectuated, wronds redressed ad relief
obtained.
Curative Statute- retrospective legislation in order to correct errors and irregularities.
Penal Statute- defines criminal offenses and specify corresponding fines
Prospective Law- Laws applicable to cases after its enactment
Retroactive Law- A law which looks back and contemplates on the past.
Affirmative statute- Directs the doing of an act in mandatory terms
Mandatory Statutes- requires not merely permits. Characerized by directives such as shall and may.

Express Repeal- abrogation or annulling of a previously existing law by the enactment of a subsequent statute which declares that the former
law shall be revoked and abrogated.
Implied Repeal- happens when a latter statue contains provisions that are clearly incorrigible and irreconcilable with the previously enacted
statutes that it is necessary for only one statute to take force.
Two kinds of repeal by implication

When the two acts on the same subject matter contains an irreconcilable conflict
When the latter enactment covers the whole subject of the earlier one and is clearly intended as a substitute, it will operate to repeal
the earlier law.

CHAPTER 3: BASIC GUIDELINES IN THE CONSTRUCTION AND INTERPRETATION OF THE LAW

TITLE

DOCTRINE OR PRINCIPLE

FACTS

SOCORRO
RAMIREZ V. HON
COURT OF
APPEALS AND
ESTER B. GARCIA

Legislative intent is
determined primarily from
the language of the statute.

The evidence (verbatim transcription form a tape

recording) presented by petitioner, Socorro Ramirez is
assailed for violating the Anti-wiretapping law or R.A.
4200. The question is whether or not the R.A. 4200
applies to Private conversations.

Wire-tapping

Sec 1 of R.A. 4200: It shall be unlawful for any person,

HELD AND RELATION TO STAT

CON
The language of the statute
clearly shows that the law does
not make any distinctions on the
persons who shall be charged of
such crime whether they be a
third party or those directly
involved in the conversation.

case
Ramirez V. CA

not being authorized by all the parties to any private

communication or spoken word to tap any wire or
cable, or by using any other device or arrangement, to
secretly, overhear, intercept or record such
communication or spoken word by using a device
commonly known as a Dictaphone or dictagraph or
detectaphone or walkie-talkie or tape recorder, or
however otherwise described.

What is unequivocally stated is

that a person is punishable when
he or she records a private
conversation without the
knowledge of one of the parties in
the conversation being recorded.
The deliberations of congress also
shows that there were no
distinctions made between
private communication and
conversations.

VERBA LEGIS
This is the plain meaning rule. If the language of the statue is plain and free form ambiguity, and express a single, definite, and sensible meaning,
that meaning is conclusively presumed to be the meaning which the legislative intended to convey.
GLOBE MACKAY
WITH VERBA LEGIS OR
Private respondent was suspended due to her
There is violation of Art 279 for
CABLE AND RADIO PLAIN MEANING RULE- The
supposed involvement with Delfin Saldivar with the
the PR was unjustly dismissed and
CORPORATION V.
words employed by the
latter being accused of misappropriating equipment.
that because of such dismissal is
NLRC AND IMELDA legislature correctly reflects PR used Art 279 of the labor code as the basis for her
entitled to be a recipient of such
SALAZAR
its intent and thus the court to receive damages for it is said in the act that An
awards that are stated in Art 279.
is precluded to make any
employee who is unjustly dismissed from work shall be
The law is very clear with regards
Illegal Dissmissal other construction.
entitled to reinstatement. PR won both in labor
to the matter at hand. RULING OF
due to Delfin
arbiter and CA. Petitioner assailed the labor tribunal for NLRC IS AFFIRMED
Saldivar
committing grave abuse of discretion. The issue is
whether there was a violation of said rule.
(Globe Mackay
Cable and Radio
Corp. V. NLRC)
FELECITO
WITH VERBA LEGIS- the
After being acquitted on the grounds of reasonable
The court denied the petition and
BASBACIO V.
provision deliberately used
doubt petitioner moves to receive compensation by
sustained the decision of the
OFFICE OF THE
the qualifying word unjustly virtue of R.A. 7309 to the board of claims. The latter
board of claims stating that when
SECRETARY,
which is not what an
denied petition on the grounds that the term Unjustly the language of statute is clear it
DEPARTMENT OF
acquittal though
accused, convicted, imprisoned but subsequently
should be given its natural
JUSTICE
reasonable doubt
released by virtue of a judgment of acquittal does
meaning.
connotes. To be included for not mean the inclusion of conviction through

Acquittal
Compensation
Case

compensation the acquittal

must be through mistake of
conviction of an innocent
person.

reasonable doubt.

(Basbacio V.
Secretary of the
Department of
Justice)
STATUTE AS A WHOLE
Legislative intent must be ascertained from a consideration of the statute as a whole and not only its particular provisions. A provision may be
clarified by reading and construing it in relation to the whole statute.
JMM
WITH STATUTE AS A
Petitioner contends that posting of an appeal bond
Court disagreed with petitioners
PROMOTIONS
WHOLE- In interpreting a
(Sec 223 and Sec 6 of New Rules on Procedure) is no
nullifying Section 6 is not proper.
AND
statute, care should be
longer necessary for Sec 4 rule II of Book II of the POEA The posting of an appeal bond
MANAGEMENT,
taken that every part be
rules provided that the escrow money that he place in
with the escrow money is needed
INC. V. NLRC AND
given effect.- Nullifying Sec
the bank is enough for licensed recruiters motioning
in further insuring the local agent
ULPIANO DELOS
6 of the new rules on
for appeal such as them.
in its choice of foreign principal to
SANTOS
procedure will not give
whom OFWs shall be sent
effect to the intent of the
Appeal plus
statute as a whole. The rule
Escrow case
is that every part of the
(JMM Promotions statute must be given effect,
and Management not only specific provisions
V. NLRC)
of it.
RADIOLA TOSHIBA
INCORPORATED V.
THE
INTERMEDIATE
APELLATE COURT
SPIRIT AND PURPOSE OF THE LAW
The court has the power to declare that a law is not governed by the letters of it if it blatantly disregards the spirit and intent of the law.
However the letter of it is not to be disregarded under the pretext of pursuing its spirit , and exceptions not made by the legislature cannot be
read into it.

MANUAEL T.
DEGUIA V.
COMELEC
District Election
Case
(De Guia V.
Comelec)

ELENA SALENILLAS
AND BERNARDINO
SALENILLAS V.
HON. COURT OF
APPEALS, ET.AL
Repurchasing
Case

COMMENDADOR
ET. AL. VS. B/GEN
DEMETRIO
CAMERA, ET. AL
Peremptory
Challenge Case

IMPLICATIONS

A construction that gives to the language

used in a statue a meaning that does not
accomplish the purpose for which the
statute was enacted should be rejected.
Instead of plainly invoking the letter of the
law, the court took into consideration the
purpose of it. If the petitioners contention
would be upheld it shall not serve its
purpose which is to reduce the number of
positions and to apportion the districts of
election.
Between two statutory interpretations
that which serves the purpose of the law
should prevail.
The purpose of the said law is to give the
homesteader and the patentee every
opportunity to regain the land that the
government had gratuitously granted for
himself and his person.
The construction that does not make such
distinction shall be more in line with
abovementioned purpose.
When the reason of the law ceases the
law itself ceases.
P.D. 39 was used to invoke the orders of
General order no. 8 (Martial law) and thus
with the termination of Martial law the
Presidential Decree and all attached laws
are rendered inoperative for lack of
purpose.

Petitioner contends that the Sanguniang

Panlungsod and Bayan should be elected through
district and not at large as stated in the law of Sec
3 (D) R.A. 7166. The purpose of aforesaid law was
to reduce the number of candidates voted for in
the districts

The court sided with the

Private Respondent by
finding its purpose in
senate bill 1861

Petitioners failed to pay the mortgage loan with

PNB which led to the foreclosure and auctioning
to PR, William Guerra. Petitioners offered
repurchase of land under Sec 119 of Public Land
Act. PR said that their act of repurchasing has
already prescribed and that as legal heirs of the
Salenillas Spouses they no longer have the right
due to the previous sale instituted.

Court Allowed for the

repurchasing of the
property for it is more I
spirit of the law.

Petitioners are officers of the armed forces for

involvement in coup d etat. Petitioners claim the
right to impose peremptory challenges from
Article 18 of Commonwealth Act 408.
Respondent denied petitioners contention since
the law has been said to be discontinued by P.D.
39 (disallowing peremptory challenges)

The court considers the

term legal heirs in the
said law to not make a
distinction if they
acquired their right
through sale or through
other means.
Petition of petitioners for
peremptory challenges
were allowed. P.D. 39 has
already been
discontinued since it was
invoked due to Martial
Law. Article 18 of Com.
Act is now operational
again.

 Only necessary implications.

Implications cannot contradict the expressed intent of the statue.
Mere desirability or plausibility alone will not meet the test.
LYDIA O. CHUA V.
What is implied in a statute is as much
Lydia Chua filed an application to avail benefits
The court favored the
THE CIVIL SERVICE part thereof as that which is expressed.
from R.A. 6683 to the National Irrigation
claim of the petitioner.
COMMISSION,
Administration. CSC denied this because
Her status as a
THE NATIONAL
Doctrine of necessary implications should
petitioner was said to be not included in the
coterminous employee is
IRRIGATION
be applied. Even though the status of the
enumeration of kinds of employees in the law
synonymous and
ADMINISTRATION petitioner as coterminous is not
which is either casual, emergency, temporary or analogous in meaning of
enumerated in the law, the employment
regular employee. The CSC contends that she is
casual or emergency
Coterminous
status has the same meaning,
a coterminous employee and thus not included in employee
Employee case
responsibilities and conditions as that of
the enumeration.
casual or emergency employees. The
latter kinds are those that are included in
the enumeration.
CITY OF MANILA
The Doctrine of necessary implications
Petitioners imposed a 3% tax by means of
Ordinance 7125 is valid if
V. GOMEZ
should apply. Even though the law did not Ordinance 7125. This was said to be in line with
all the aforesaid laws
categorically placed the appropriation of
R.A. 5447 or the Special Education Fund (+1%
shall be construed
Special
taxes according to the limits imposed by
<3%) and the ordinary annual realty tax (11/2%).
together.
Education Fund
the law, it necessarily implies that the 3%
ESSO paid in protest but moves for a refund
additional tax
shall not be wholly given to the city but 1% stating that it is well above the 2% limit already
case
of it shall be given to the special education imposed by the city of Manila by virtue of its
fund thus maintaining the annual realty
charter.
tax of the city to 2%.
CASSUS OMISSUS
What is omitted in a specific enumeration is intended to be excluded from such.
When a statute makes specific provisions in regard to several enumerated cases or objects, but omits to make any enumeration even
though analogous to it, and is therefore within the scope of the statute, it is called cassus omissis
The court cannot supply such defect.
PEOPLE V.
NO CASSUS OMISSUS- The rule Cassus
Defendant Manantan, a justice of peace was
The role of justice of
MANANTAN
omissus pro omisso habendus est can
accused of violating Section 54 of the Revised
peace is included in the
operate and apply only if and when the
Election Code. As a defense, the Manantan
enumeration. The term
Justice of Peace
omission has been clearly established.
argued that the justice of peace is not found in
Judge in the Section is
Case
the enumeration of the persons of authority
used as an encompassing

The omission was not clearly established

thus cassus omissus cannot be invoked. It
can be viewed from the laws that
preceded Sec 54, that the term Justice of
peace is excluded but then included.
Instead of an omission, there was a mere
substitution of the terms

involved in the enumeration of said section.

term that includes the

Justice of Peace.

STARE DECISIS
Stare Decisis et non quieta movere (Stand by precedent and do not disturb the calm)
When a court has laid down a principle of law as applicable to a certain set of facts, that principle shall be upheld in all future cases,
whenever facts are substantially the same
Must follow both horizontal and vertical Stare decisis
JMM TUAZON &
WITH STARE DECISIS- Follow past
Lot OCT No. 735 after being declared to be
The court dismissed the
CO. INC. V
precedents and do not disturb what has
owned by JMM Tuazon, despite earlier
case against said lot. The
MARIANO
been settled. Matters decided on the
accusation of fraudulent acquisition of land, is
validity of OCT 75 has
merits cannot be re-litigated again and
being assailed by Cordova spouses after buying a been constantly upheld
OCT 75 Case
again.
part of said disputed land from spouses Acquial.
and thus it would be a
Petitioners moved for certiorari and prohibition
waste on resources and
to dismiss proceeding on the ground that the
time for the courts to recase was previously settled
litigate on it.

CHAPTER 4: CONSTRUCTION AND INTERPRETATION OF WORDS AND PHRASES

DOCTRINE OR PRINCIPLE
1. WHEN THE LAW DOES
NOT DISTINGUISH THE
COURT SHOULD NOT
DISTINGUISH.
- The rule founded
on logic, is a
corollary of the
principle that

CASES
Philippine Brtish Assurance Co., Inc V. Hon Intermediate
Apellate Court- Sycwin Coating and wires filed a complaint
for the collection of sum of money from Varian Industrial
Corporation. The petitioner paid for the counterbond.
Petitioner motioned on review with decision of IAC to
dismiss counterbond to lift attachment on the ground that
there is judgment Pending appeal.
Counterbond on Appeal

APPLICATION OF DOCTRINE
The law stated that the counterbond is
intended to secure the payment of any
judgment that the attaching creditor may
recover in an action. The law does not
distinguish on what kind of Judgment thus its
application should still cover the judgment in
the case at bar, despite the latter being on
appeal.

general words and

phrases of a statute
should be generally
accorded their
natural and general
significance

2. EJUSDEM GENERISWhere general words

follow a designation of
particular subjects of
classes or persons, the
meaning of the general
words will ordinarily be
presumed to be
restricted by the
particular designations
as those specifically
enumerated.

Pilar V. COMELEC-Petitioner, a member of the sangguniang

panlalawigan who withdrew his candidacy after 3 days from
filing it, was fined for not being able to file his statement for
contributions as stated in the law. He contends that he
should not be punished for the word candidate are only
those who actively participated in the elections.
Withdrew candidacy case
People V. Hon. Evangelista and Tugonon- Tugonon was
charged and convicted. He moved for a petition for
probation after he had already appealed. Probation officer
denied this however the RTC granted probation.
Petitioner contends that there should be a distinction
between meritorious appeals and unmeritorious appeals.
Probation Case
De Villa V. CA- Petitioner contends that he should not be
triable by the RTC for BP 22 because the check that he issued
is payable in dollars pursuant to R.A. 529. According to lower
court, he should be for they were issued in the Philippines
Dollar BP 22 case
Colgate Palmolive Philippines Inc. V. Jimenez, Auditor
General- Petitioner was denied by respondent of 3 tax
refunds. Petitioner contends that it be included in the tax
refund provided by R.A. 601. Respondent contends that the
enumeration should only include products that are used for
the manufacturing and preparation of foods.
Republic V. Migrino- Petitioner contends that he is not
triable by the board for it was an extension of the Phil.
Commission for good governance and thus its powers are
from E.O. No. 1 and 2 which freezes all assets and
Properties in the Philippines in Which former Pres. Marcos,
Imelda and/or his wife, their close relatives and
subordinates. His acts in amassing wealth was not
connected with amassing wealth as a crony.

The law stated that every candidate has an

obligation to file his statement of contribution
and expenditure. The term candidate was
not distinguished by the court as to whether
they participated or not as long as they were
able to file their certificate of candidacy
proving their intent to be a candidate.
The law PD. No. 1990 states that no
application for probation shall be entertained
or granted if the defendant has perfected the
appeal from the judgment of conviction.
Even if the appeal of the defendant is
meritorious, the law does not make exception
regarding such distinction and thus he is still
covered by it.
The law does not distinguish the currency that
shall be used in the case. The only qualifying
factor is that they were issued in the
Philippines.
NO EG- The nature of the enumeration
provides that it is not bounded by a single
classification. Eg in only applicable when there
is one general term and that all items in the
enumeration belong to a specific class.
W/ EG- The term subordinate in said laws
refer to those who through their close
association with the Marcos Family have
accumulated wealth. Working during his
administration is not enough to include him as
a subordinate

People V. Eschaves- Fiscal Abundio assails the dismissal of

the lower court of his petition against squatters. The latter
occupying and cultivating a portion of agrarian land. He
contends that despite enumeration that does not contain
agricultural rural lands it is included in the term And for
other purposes.

Vera V. Cuevas- Private respondents are evaporated milk

manufacturers they seek to restrain the CIR for putting
labels on their products stating that Milk is not suitable for
less than 1 years of age. It is in their contention that this
label is only required by law for skim milk manufacturers.

3. EXPRESSIO UNIUS EST

EXCLUSIO ALTERIUS-

NO EG- Agricultural lands are still included in

the enumeration for the intent of which is to
punish those who shall construct illegal
buildings. The rule of EG cannot be applied. It
shall only be applied if the intent is unclear.
However, the petition was still dismissed
because the law intended to apply it only in
urban areas.
W/ EG- Section 169 does not apply to both
skimmed milk and filled milk. There was the
use of a qualifying term skimmed milk in the
headnote and condensed skimmed milk in the
text of the cited section. The general clause is
restricted to the specific term skimmed milk.

Mutuc V. COMELEC- Amelito Mutuc was prohibited from

running by the PR on the grounds that he employed Jingles in
his mobile units and that such propaganda material was
included in the enumeration and the like of the prohibitive
law.

W/ EG- The term and the like was construed

erroneously, the gadgets refered to in the
enumeration are those that are distributed to
obtain a favorable vote form the people. The
jingle although recorded cannot be
distributed.

Genato Commercial Corp. V. CTA- Petitioner refuses to pay

deficiency advanced sale tax on the difference of the
exchange rate. He contends that it is not part or all similar
charges contemplated In the law.

City of Manila V. Lyric Music House- Petitioner contends

that they are not included in the General Merchandise
stores that should be subject by the additional license fees
imposed by the City ordinance.

NO EG- It is the clear intent of the law to

collect all charges that are incurred from the
importation. Even though the additional tax is
not within the purview of the specific
enumerations in the said law. It is included for
it is within the intent of congress
NO EG- EG Should not be used if the
construction of which shall lead to
discrimination which is obviously not the
intent of the legislature.

Municipality of Nueva Era, Ilocos Norte V. Municipality of

Marcos, Ilocos Norte- Municipality of Marcos contends that

W/ EG- Those that are included only in the

enumeration are the barangays included in

Express mention and

implied Exclusion
- The express
mention of specific
persons, things or
consequences is
tantamount to an
express exclusion
of all others

4. NOSCITUR A SOCIISAssociated Words

- When a word used
in a statute is
ambiguous or
vague, its meaning
may be made clear
by considering the
company in which
it is found and the
meaning of terms
which are
associated with it.
- Related to the rule

part of Municipality of Nueva Era is theirs for though the

barangays that they claim are not included in the
enumeration, the second paragraph clearly states that their
boundaries include such.
Lerum V. Cruz- Petitioners presented for Declaratory Relief
the move of the lower court judge in allowing oral evidence
to prove a divorce decree. Respondent assailed petition since
it is not included in the subject matters enumerated in
allowable subjects for declaratory relief.
Manabat V. Aquino- The appeal of the Manabat spouses
were not considered for having been filed late because the
lower court considered the date of receipt instead of the
date of postal registry receipt as the filing of the appeal. The
lower court contended that the rule of considering postal
registry receipt as date of filing are for Court of First
instances.
Buenaseda V. Flavier- Petitioner questions the power of the
Ombudsman to suspend government officials and employees
working on the offices other than the Office of the
Ombudsman, pending investigation of administrative
complaints. OSG with petitioner contends, under the
constitution that the term suspension which should be
recommended only by OMB is a preventive suspension.
Motoomull V. Dela Paz- After the SEC ruled in favor of the
respondents, the petitioners filed before the CA a motion for
a stay of execution pending appeal. CA stated that it no
longer has jurisdiction for according to R.A. 5434 the word
Court means Court of Agrarian Relations not the Court of
Appeals. A stay of Execution should have been filed before
the SEC where the decision originated.

the Municipality of Marcos. Following the

contention of Marcos would seriously unjustly
stray from the settled boundaries of the two
Municipalities.
W/ E- Those that are included in rule 66
should be the only matters that should be
considered. Any exclusion is intentional. The
provative value of an oral evidence is not
included in any of the enumeration.
NO/E- The maxim is not more than an
auxiliary rule of interpretation to be ignored
when other circumstances indicated that the
enumeration was not meant to be exclusive.

W /N- The term Suspension in the law must

be construed as a punitive suspension for it is
accompanied by words that connote punitive
measures.

W/ N- Contention of the CA is correct. By

viewing section 5 and section 1 it could be
easily inferred that the word court was used
to shorten the word court of Agrarian
Relations that was enumerated in Section 1 of
R.A. 5434.

that STATUTES
MUST BE
INTERPRETED AS A
WHOLE

Caltex Philippines, Inc. V. Palomar- Petitioner avers the

refusal of respondent to clear them for advance in mailing of
their Caltex hooded Pump Contest. Respondent contends
that it violates Anti-lottery Provisions because it involves
consideration as a lottery or as a gift enterprise

5. NEGATIVE WORDSNegative Words and

phrases are regarded as
manadotry while those
in the affirmative are
merely directory

Fule V. CA- Petitioner was convicted by BP 22. He avers the

conviction due to it being based only on a stipulation of facts
that was not signed by his counsel nor him.

6. MAY AND SHALL- Use

of the word may in a
statute connotes a
permissible thing while
the word is Shall

Bersabal V. Salvador- Petitioner failed to file her

memorandum (within 30 days of receipt of the stenographic
notes) on time pursuant to R.A. 6031 thus her appeal was
dismissed Parties may submit memoranda and/or brief
with oral argument if required
Office of the Ombudsman V. Sahagun- Respondents
contend that they can no longer be investigated under R.A.
6770 because it was filed 1 year after the occurrence of the
fraudulent contract service.

W/N- The contest was not considered as a

lottery but respondents contend that it can
still be a gift enterprise. The court held that all
enumerated items in the provision should be
understood to involve consideration thus the
contest cannot be understood as included in
the enumeration as a gift enterprise for it was
previously settled that it did not involve
consideration.
The court erred in rendering judgment even
without the signature of the petitioner in the
stipulation of facts. The Section contained
negative words No agreement or
admission and thus it must be regarded as
mandatory.
The provision used the word may which
connotes permissiveness. The provision
should be understood as that the accused is
allowed to file a memorandum but non-filing
of such will not render the dismissal of said
appeal
The said law states that the office of the
ombudsman may not conduct necessary
investigation of any administrative act or
omission complained of it believes that (5) the
complaint was filed 1 year from the
occurrence of the act or ommisionn
complained of The section used the word
may and thus gives the ombudsman the
discretion to investigate regardless of when
the complaint was filed.

7. USE OF THE WORDS

MUST- The word must
in a statute like shall is
not always imperative
and may be consistent
with an exercise of
discretion. Still subject
to the intent of the
Legislature

Loyola Grand Villas Homeowners (South) Association Inc. V.

C.A.- Petitioners contend that they are the proper
homeowners association not the previous ones for the
precedent associations failed to file its by-laws within 1
month of the issuance of their SEC certificate and because of
the lack of activities of the Association.

8. And/or
- And connotes a joinder or a union
- Or connotes a choice between two words. A
choice between alternatives between
different or unlike things.
- And/or- connotes effect can either be
conjunctive or disjunctive as to which gives
greater effect to the intent of the legislature

Romulo V. Home Development

Mutual Fund

The petition is without merit. Despite of the

use of the word Must to connote
imperativeness, the intent of the law states
that the cited provision was merely directory.
The 2nd par. Of the law which allows the filing
of the by-laws even prior to the incorporation
means that its existence is not thoroughly
linked with the filing of the latter.

and and or can be used interchangeably

9. COMPUTATION OF TIME
- Years: 365 days
- Months: 30 days
- Days: 24 hours
- Nights: From Sunrise to
Sunset.
- If months are designated by
their name, they shall be
computed by the number of
days which they respectively
have
- In computing the period, the
first day shall be included
while the last day shall be
excluded

PNB V. CA- Plaintiffs, now private respondents

assailed the decision of the lower court in allowing
the extra-judicial foreclosure of mortgages even
though the 3 consecutive weekly publication of
notices of sale has not been complied with.
(Publication: March 28, Aprl 11 and April 12)

A week means a period of seven consecutive

days without regard to the day of the week
which it begins.

10. ONLY- The use of the word only

connotes exclusivity and
imperativeness.

Roos Industrial Construction Inc. V. NLRCPetitioners appealed from the decision of the
labor arbiter; however they posted the surety
bond only after 8 days from its required period of
filing. NLRC dismissed the petition for lack of
jurisdiction.

11. FUNCTION OF THE PROVISOProviso is a clause in the statute,

the office of which is to
- except something from the
enacting clause,
- or to qualify or restrain its
generality,
- or to exclude some possible
ground of misinterpretation
of its extent

ALU V. TUCP V. NLRC- Under Art 80 (2), the

petitioner argues that they are regular employees
for their jobs are necessary work for the
respondents main business and that they have
rendered 6 more years of service to the private
respondents. Gathered from a proviso in the 2nd
par. Which states that An employee who has
served for at least 1 year shall be considered a
regular employee

Article 223 of the Labor Code provides that In

case of a judgment involving a monetary
award, an appeal by the employer may be
perfected only upon the posting of the Surety
bond Thus if the surety bond was not filed
in time the appeal shall not be deemed
perfected.
A proviso is to be construed with reference
to the immediately preceding part of the
provision to which it is attached not to the
other sections thereof.

The publication should have been once every

seven days of the week without the
consideration on the beginning or the end of
the week according to its weekly names.

The cited provisions is said to be applied only

to casual employees where the proviso is
readily attached.

Chapter 5: PRESUMPTIONS IN AID OF CONSTRUCTION AND INTERPRETATION

1. PRESUMPTION AGAINST
CONSTITUTIONALITY
- Laws are presumed to be
constitutional
- Only when there is a clear,
unequivocal breach in the
constitution will this presumption
be overturned
- Last Resort
- Ratio: Separation of Powers, proper
respect for other departments

ARIS (PHILS.) INC. V. NLRC- Petitioner assails the

constitutionality of the amendment introduced
of the labor code of the Philippines, allowing
execution pending appeal of the reinstatement
aspect of the decision.

Agustin V. Edu- Petitioner in his capacity as a car

owner assails the constitutionality of the
mandatory installation of emergency warning
devices by every vehicle on the grounds that it
violates the idea of new society and that it gives
unjust incentive to road sign manufacturers.

Paredes V. Executive Secretary- Petitioners

assail the constitutionality of a law that limits the
included parties in a plebiscite only to those
barangays that shall be included in the
Municipality of Aguinaldo not all barangays from
the Parent locality (Municipality of Mayoyao)

Lim V. Pacquing- pelota games

Lim V. People- Assails validity a law that ascribes

the penalty for estafe stating that it violates
Article 3 of the Constitution

N/C- The provisions of the assailed law do not

contain signs of a clear and unequivocal
breach in the constitution. The allowing of
execution pending appeal of the
reinstatement aspect of decision is still within
the safeguards imposed by the constitution
through its citizens.
N/C- The petitioners complaint failed to
disclose any clear constitutional defects that
may assail its validity. (Citations of the
constitution).
The assailed law is supported by the reflector
law and the Vienna convention on the road
and safety signs.
N/C- Between two possible constructions, one
avoiding a finding of unconstitutionality, and
the other yielding such result, the former
should be preferred.
Fostering self-reliance in the smallest unit of
the local government is the legislative intent
of the constitution. To allow other voters to
participate will delude the true will of the
concerned citizens.
N/C- All laws are presumed valid and
constitutional until or unless otherwise ruled
by court.
N/C- Every Penalty imposed by a statute is
presumed to be just unless it is oppressive and
wholly disproportionate of the offense as to
shock the moral sense of the community.

The burden of proving the invalidity of the law

rest on those who challenge it.
2. PRESUMPTION AGAINST INJUSTICE
- In case of doubt of the
interpretation and application of
the laws, it is presumed that the
law making body intended right and
justice to prevail

3. PRESUMPTION AGAINST IMPLIED

REPEALS
- Laws by implication are not
favored.
- The two laws must be
incomprehensible and incompatible
in order for the courts to recognize
and implied repeal
- Ratio: Every Statute must be so
interpreted and brought into

KAREN E. SALVACION V. Central Bank of the

Philippines- As compensation for the crime of
the escaped foreign convict, petitioners want to
attach some of the dollar accounts of the
offender. The Central Bank Circular however
exempts from attachment dollar accounts.

The application of the law depends on its

justice.

Spouses Alonzo V. IAC- Respondent court held

that for the commencement of redemption
there should be a written notice. Petitioners
contend that there is not such need for a written
notice because the PR are their neighbors and
that they are very much aware of the
redemption that is happening in their lot

A law should not be interpreted so as to cause

an injustice.

Berces V. Guingona- Petitioner contends that a

provision from the LGC repeals Administrative
order no. 18 which states that the president can
stay execution of the appealed decision any time
during the pendency of the appeal. The public
officer that the petitioner complained of was
allowed to resume office after the order of the
president.
Hagad V. Gozo-Dadole- PR contends that the
LGC has revoked the ombudsman of the

A subsequent law cannot be construed as

repealing a prior law unless an irreconcilable
inconsistency and repugnancy exists.

When the statute is silent or ambiguous such

as the meaning of foreigners on whether they
be transients or investors, the vehement urge
of conscience of the courts on justice must
prevail.

The purpose of the said law is notify the

redemptioners. It is clearly shown in the case
at bar that the PR were well aware of the
proceedings that is to be put in writing and
thus the latter can already be dispensed with.
It is inimical to inquire more on the spirit than
the letter of the law.

The staying of the execution of the decision of

the mayors suspension is prejudicial to the
public interest
There was not implied or expressed repeals.
They should be construed together as that

accord with other laws on the

subject and not to having enacted
conflicting statutes.

authority of the ombudsman to impose

preventive suspensions. The RTC ruled in favor of
this contention.
Agujetas V. CA- The provincial board of
canvassers failed to place Erlinda Irigo as the
true winner for the elections. Petitioners
contend that the crime in which they are being
convicted no longer exists.

4. PRESUMPTION AGAINST
INEFFECTIVENESS
- It is presumed that the legislature intends
to impart to its enactment such meaning as
will render them operative and effective,
and to prevent persons from eluding or
defeating them

Paras V. Comelec- Petitioner contends that there

can be no recall 1 year prior to an election. He
interprets the word election as that including SK
elections.

5. PRESUMPTION AGAINST ABSURDITY

- Statutes must receive a sensible
construction such as will give effect to the
legislatures intention so as to avoid an
unjust and absurd conclusion.

CIR V. Esso Standard Eastern, Inc- Respondent

overpaid during the year of 1959 but
subsequently earned a deficit of 1960. The
petitioner asked the R to pay for the whole
deficit without considering the overpayment
made to them. Petitioner contends that the tax
was computed annually and that the
overpayment on 1959 was considered as a credit
only after incurred order of payment
Ursua V. CA- Petitioner used the name of
another person In order to sign a logbook and to
sign acknowledgment of receipt. He was
convicted by R for violating C.A. 142 an Act to
regulate Aliases

both officials stated in both laws are given the

authority to impose such suspension.
It was not expressly or impliedly repealed
because said prior sections were not included
in the repealing parts of the section. The two
laws do not exhibit irreconcilable differences
nor repugnance in spirit. The two must be
construed together.
In the interpretation of a statute, the court
should start with the assumption that the
legislature intended to enact and effective
statute.
Subscribing to the contention of the petitioner
will unduly circumscribe the novel provision of
our constitution is that to enact a local govt
which shall providean effective mechanism
of recall, initiative and referendum.
The fact that the credit was considered only
recently does not change the fact that CIR
owes the overpayment to respondent and
thus there is a need to reimburse such
payment for it will render the conclusion of
such situation to absurdity.

The aforesaid law was issued In order to

prevent Chinese entrepreneurs in disrupting
commerce and business transactions by
maintaining different aliases. The petitioner
used this alias only in one occasion to punish
him for such slight wrong lead to absurdity