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FACTS:
ISSUE:
HELD:
FACTS:
Petitioners asked for the issuance of the Writ of mandamus to compel the
respondents to publish in the Official Gazette the unpublished Executive
Issuances such as; Presidential Decrees, Proclamations, Executive Orders,
general orders, letters of implementation, and administrative orders. In
defense, respondents stated that the petitioners have no legal personality in the
case citing sec. 3 of rule 65 of the Rules of Court which lays-out the
requirement for filing for a Writ of Mandamus. Petitioners contended that the
issue touches the public and thereby does not require any special
circumstance to institute an action. On the other hand, respondents stated
that publication of the mentioned issuances is not a sine qua non requirement
as the Law provides its own effectivity date as stated in Article 2 of the Civil
Code.
ISSUE:
RULING:
FACTS:
ISSUE:
HELD:
FACTS:
ISSUE:
Whether or not the Central Bank can validly impose the 10% penalty via
Memorandum Circular No. DLC-8.
HELD:
FACTS:
ISSUE:
Whether or not the appeal filed by Lariosa and NLRC was filed late.
HELD:
Lariosa filed his appeal on June 7, 1984 or after the lapse of 14 days
from the notice of the decision of the labor arbiter. Under the Labor Code,
the reglementary period for which an appeal from decision of labor arbiter may
be filed to NLRC is within a period of ten days. The ten-day period has to be
interpreted to mean as ten calendar days and not ten working days.
MARIANO S. GONZAGA vs. AUGUSTO CE DAVID
G.R. No. L-14858 29, 1960
FACTS:
ISSUE:
RULING:
FACTS:
ISSUE:
Whether or not the public auction sale was null and void for transferring
the date already set by law.
RULING:
The sale is null and void for not having in accordance with Act 3135
which states that that a notice shall be given by posting notices of sale for not
less than 20 days in at least 3public places and if the property is worth more
than P400 such notice shall also be published for in a newspaper of general
circulation in the municipality or city once a week for 3 consecutive weeks. The
pretermission of a holiday applies only where the day, or the last day for doing
any act required or permitted by law falls on a holiday or when the last day of a
given period for doing an act falls on holiday. It does not apply to a day fixed
by an office or officer of the government for an act to be done. Since April 10,
1961 was not the day or the last day set by law for the extrajudicial foreclosure
sale, nor the last day of a given period but a date fixed by deputy sheriff, the
sale cannot be legally made on the next succeeding business day without the
notice of the sale in accordance with Act no. 3135.
THE PEOPLE OF THE PHILIPPINES
vs. PAZ M. DEL ROSARIO
G.R. No. L-7234 MAY 21, 1955
FACTS:
ISSUE:
Whether or not the term "month" in the Revised Penal Code should be
understood to be a month of 30 days, instead of the civil calendar or calendar
month.
HELD:
Yes. The term "month" used in the Revised Penal Code should be
interpreted in the sense that the new Civil Code defines the said term, we find
persuasive authority in a decision of the Supreme Court of Spain. In a case
decided by it in the year 1887 (S. de 30 de Marzo de 1887), prior to the
approval of the Civil Code of Spain, it had declared that when the law spoke of
months, it meant the natural month or the solar month, in the absence of
express provisions to the contrary. But after the promulgation of the Civil Code
of Spain, which provided in its Article 7 a general rule for the interpretation of
the laws, and with particular respect to months, that a month shall be
understood as a 30-day month, said court held that the two months period for
the prescription of a light offense should be understood to mean 60 days, a
month being a 30-day month. Similarly, we hold that in view of the express
provisions of Article 13 of the new Civil Code the term "month" used in Article
90 of the Revised Penal Code should be understood to mean the 30-day month
and not the solar or civil month.