CASE DOCTRINES ON STATCON The primary task of constitutional
construction is to ascertain and
MID-TERM assure the realization of the purpose
1.) Romulo Mabanta v. HDMF of the framers and of the people in
And / or the adoption of the Constitution.
The Board of Trustees of HDMF
cannot exercise its rule making 7.) People v. Macarandang 1959
power by issuing a regulation not Peace officers are exempted from the
consistent with the law it seeks to issuance of license of firearms. It
apply. includes secret agents of the governor.
2.) Marine Mammals v. Angelo Reyes 8.) People v. Mapa 1967
Moot and Academic The law is clear and explicit, it does
not have a provision for secret
3.) Caltex v. Palomar & Manila Jockey agents.
Club v. GAB
Inquiry is made to see whether the 9.) People v. Jabinal 1974
language used sufficiently While Jabinal was arrainged the
expresses its meaning to know what Macarandang doctrine was prevailing,
the author meant by its language however, when the decision was
promulgated the Mapa doctrine was
4.) Perfecto v. Meer 1950 in place
Income does not include the salaries Jabinal is acquitted. Stare Decisis
of judges. Thus, judges are exempt and Retroactivity of Laws more
from paying income tax favorable to the accused
Judicial officers are exempt from the
payment of income tax on their 10.) Garica v. SSS
salaries because it constitutes a Unremitted SSS contributions
decrease or diminution of their Sections must be understood or
salaries during the continuance of interpreted as a whole and not by
their office which is expressly parts
prohibited by the constitution.
11.) Daoang v. IAC
5.) Endencia v. David 1953 Adopting a grandchild
RA 590: No salary by a public officer The law must be applied according
is exempt from tax to its literal meaning
Such law invaded the jurisdiction of The law is clear and unambiguous
the judiciary. The act of interpreting
the Constitution or any part of it by 12.) People v. Purisima
the legislative is an invasion of the PD 9 Illegal Possession of a deadly
well-defined and established weapon
province and jurisdiction of the The preamble showed the intent and
judiciary. spirit of the law. PD 9 should then be
made applicable to rebellion,
6.) Nitafan v. CIR 1987 subversion, insurrection.. etc.
The SC ruled that all members of the
Judiciary are liable to pay income 13.) Aisporma v. CA
taxes as shown during the debates, Unlawfully acting as an insurance
interpellations and opinions agent
expressed by the framers of the Legislative intent must be ascertained
Constitution. from the whole statute
14.) Chinabank v. Ortega 20.) Paras v. COMELEC
Refusal to comply with a court WON general election covers SK
process garnishing a bank deposit elections?
It was not the intention of the No., every part of the statute must be
Congress to enable debtors to evade interpreted with reference to the
payments of debts whole context
15.) City of Baguio v. Marcos 21.) Abellana v. Marave
Inconsistency between the title and Whether the ICA should be dismissed
the body of the law because the petitioners failed to
Title: Declared Public Land reserve such right upon the institution
Body: Have been or about to be of the criminal case for physical
declared as public land injuries?
The title of the act is always indicative No. Literal Construction of the law is
of legislative intent not favored because Art. 33 of the
NCC involves a substantive right and
16.) People v. Subido cannot be made nugatory by
Libel case against the mayor Construction.
The use comma in penalties
Subsidiary imprisonment in case of 22.) Salvacion v. Central Bank
insolvency qualifies both non- WON foreign currency deposit act is
payment of indemnity and non- applicable to a foreign transient?
payment of fines Yes. When a statute is silent or
ambiguous it is presumed that the law
17.) National Federation of Labor v. making body intended right and
NLRC justice to prevail.
Employees were demanding 23.) Chua v. CSC
separation pay as provided in Art. 283 RA No. 6683: Early Retirement
of the Labor Code, “….the employer benefits of regular, temporary, casual
MAY terminate the employment of the and emergency employees of the
employee….” government
Employer is not liable because such Includes co-terminous employees
law is applicable only to voluntary Doctrine of Necessary Implication –
closures or reduction of personnel What is implied in a statute is as
Literal Meaning – What is not clearly much as part of what is expressed
provided in law cannot be extended to Casus Omissus – A person, object or
those matters outside its scope thing omitted from an enumeration
If the statute is clear, plain and free must be held to have been omitted
from ambiguity, it must be given its intentionally
literal meaning
24.) Guerrero v. COMELEC
18.) King v. Hernaez Is the word “qualification” the same
Harmonization of Laws in the Election Code with the
Relation of RA 1180 (Retail Trade Constitution?
Nationalization Act) to CA 108 (Anti- No, where the law does not
Dummy Law) distinguish, the courts should not
distinguish
19.) US v. Toribio
Slaughtered Carabao without permit
25.) Alonto v. People nuisance the obstruction of free
BP 22. The law does not distinguish passage of any public highway or
WON checks within its contemplation street. It is public because it affects a
are used in payment of an obligation community or neighbourhood. The
or as guarantee of the said obligation constructions in fact constitute
When the law does not distinguish, nuisances per se, obstructing at all
the courts should not distinguish times the streets. As such, the
summary removal of these may be
26.) Carandang v. Santiago authorized by statute or ordinance.
WON “Physical Injuries” has the same
meaning in the RPC with the NCC? 32.) De Joya v. Lantin
No., General terms are used. The BOC has jurisdiction to seize
goods and institute forfeiture
27.) Mutuc v. COMELEC proceedings because said articles
Political jingles are not prohibited under were released irregularly from Cebu.
the Constitutional Convention Act
Ejusdem Generis – Only the distribution 33.) Azarcon v. Sandiganbayan
of gadgets of the kind referred to as a The BIR’s power authorizing a private
means of inducement to obtain a individual to act as a depositary
favorable vote for the candidate cannot be stretched to include the
power to appoint him.
FINALS Where the language of a statute is
clear and unambiguous, the law is
28.) Dialdas v. Percides applied according to its terms and
The transfer of business cannot be interpretation would be resorted to
considered as voluntary retirement only where a literal interpretation
from business because the Retail would be either impossible or would
Trade Law did not expressly or lead to injustice.
impliedly repealed Sec. 199 of the
NIRC. 34.) Centeno v. Pornillos
Charitable is different from religious
29.) Magtajas v. Pryce Properties purposes because where a statute
Ordinances should not contravene a by its terms is expressly limited to
statute because local councils certain matters, it may not by
exercise only delegated legislative interpretation or construction be
powers conferred to them by extended to others.
Congress.
35.) Laurel v. Abrogar
30.) Almeda v. Florentino Penal laws are construed strictly.
The power of the vice-mayor to make Only movable properties are subject
appointment pursuant to the to theft. International long distance
amendatory act is limited to the do not belong to PLDT.
appointment of all employees of the
board other than the board secretary 36.) ATC v. CA
who is to be appointed by the board The fact that 2 holidays fall on the
itself. same date should not operate as to
Construction of the law should be reduce 10 to 9 holiday pay benefits.
harmonized with its amendments. When the language of the law is
clear and unequivocal, the law must
31.) Sitchon v. Aquino be applied to mean exactly what it
There is a public nuisance. This case says.
falls on art. 694 classifying as a
Strict Construction Liberal Construction
Construction according to the letter of a Equitable construction as will enlarge the
statute which recognizes nothing that is not letter of a statute to accomplish its intended
expressed, takes the language used in its purpose, carry out its intent or promote justice.
exact meaning and admits no equitable
consideration.
1. Penal Laws strictly against the State 1. Penal laws liberally in favor of the
2. Statutes in Derogation of Rights accused
3. Statutes Authorizing Expropriations 2. General Social Legislations
4. Statutes granting Privileges a. Labor Laws
5. Legislative grants to LGUs b. Tenancy Laws
6. Statutory grounds for Removal of c. Land Reform Laws
Officials d. Social Security Laws
7. Naturalization Laws against the 3. General Welfare Clause
applicant for citizenship 4. Grant of Power to LGUs
8. Statutes Imposing Taxes and Customs Taxing power
Duties against the Government 5. Statutes Imposing Taxes and Customs
9. Statutes granting Tax Exemptions Duties liberally in favor of the taxpayer
10. Statutes concerning the Sovereign 6. Statutes prescribing prescriptive period
11. Statutes Authorizing suits against the to collect taxes
Government 7. Statutes imposing penalties for non-
12. Statutes Prescribing Formalities of a payment of taxes liberally in favor of
Will the government
13. Exceptions 8. Election Laws
14. Provisos 9. Amnesty Proclamations
10. Statutes Prescribing Prescriptions of
Crimes
11. Adoption Statutes liberally in favor the
child to be adopted
12. Veteran and Pension Laws
13. Rules of Court
14. Curative Statutes
15. Redemption laws
16. Instrument of Credit
17. Probation Laws
18. Laws granting powers to an Agency by
the Constitution
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.
1. Penal Laws 1. Penal Laws favorable to the accused
2. Substantive Laws 2. Procedural Laws
3. Statutes affecting Vested Rights Exceptions:
4. Statutes affecting Obligations of Contracts a. When expressly provided otherwise
b. Where it would impair vested rights or
5. Repealing and Amendatory Acts pending proceedings
3. Remedial Statutes
4. Administrative Statutes
5. Curative Statutes
6. Statutes relating to Prescription
7. Statutes relating to Appeals
