STATUTORY CONSTRUCTION REVIEWER

University of Sto. Tomas to include subject matter or territory which was not included
Faculty of Civil Law therein as enacted, such excision is “judicial legislation” and
Reviewer in Statutory Construction not “statutory construction”.
By : Kylie Power Notes
Interpretation (Black’s Construction and Interpretation)
 Art or process of discovering and expounding on
Chapter I – Preliminary Considerations the intended signification of the language used,
Statutory Construction, Defined that is, the meaning which the authors of the law
a. (Black’s Construction and Interpretation) designed to convey to others.
 Art or process of discovering and expounding
the meaning and intention of the authors of the Construction and Interpretation, Distinguished
law with respect to its application to a given
case, where that intention is rendered doubtful, Construction Interpretation
among others, by reason of the fact that the given
case is not explicitly provided for in the law. Drawing of conclusions with Process of discovering the
b. (Justice Martin) respect to subjects that are true meaning of the
 Art of seeking the intention of the legislature in beyond the direct expression of language used.
enacting a statute and applying it to a given state the text from elements known
of facts. and given in the text.
Caltex v Palomar Goes beyond the language of Ascertain the meaning of a
the statute and seeks the word found in a statute, may
- Caltex announced a Caltex Hooded Pump Contest
- Caltex sought help from Philippine Postal Office assistance of extrinsic aids in reveal a meaning different
- Enrico Palomar(Post master) denied the request due order to determine whether from that apparent word is
to that it is a violation to the postal law given case falls within the considered abstractly or
- Caltex invokes that their contest is not a lottery statute. when given its usual
Issue : meaning.

1. whether or not Caltex’s petition for declaratory Drawing of conclusions, Art in finding out the true
relief proper respecting subjects that lie sense of any form of words,
2. whether or not the Caltex contest is a gift beyond the direct expression of that is, the sense which their
enterprise and/or lottery
the text, from elements known author intended to convey,
Held :
from and given in the text; and of enabling others to
1. Yes , the petition is proper. Construction of a law conclusion which are in the derive from them the same
is in order what is in issue is an inquiry , into the spirit, though not within the idea which the author
intended meaning of the words used in a certain letter, of the text. (Dr.Lieber) intended to convey
law (Dr.Lieber)
2. No, the contest is not a lottery, the contention of
Caltex is well taken. It is not also a gift
enterprise

A judicial function is required when a statute is invoked and

different interpretations are in contention.

Difference between judicial legislation and statutory

construction:

Where legislature attempts to do several things one which is

invalid, it may be discarded if the remainder of the act is
workable and in no way depends upon the invalid portion, but
if that portion is an integral part of the act, and its excision
changes the manifest intent of the act by broadening its scope
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 STATUTORY CONSTRUCTION REVIEWER
- It is based on the principle that once a question of law
has been examined and decided it should be deemed,
settled and closed further argument (Ting v Velez
Ting)
Situs of Construction and Interpretation
The purpose of construction and interpretation is to ascertain
- It is the doctrine that, when court has once laid down
and give effect to the legislative intent.
a principle, and apply it to all future cases, where
facts are substantially the same, regardless of whether
Legislative Executive Judiciary the parties and properties are the same.
Stare Decisis. Follow past precedents and do not disturb what
Congress of the President of the One Supreme
has been settled. Matters already decided on the merits cannot
Philippines Philippines. Court and in such
be relitigated again and again.
(Senate and lower courts as
House of the may be “Stare decisis et non quieta movere” (follow past precedents
Representatives, established by and do not disturb what has been settled.
except to the law.
extent reserved to 2 kinds of Stare Decisis
the people by the
provision on  Vertical – deals with the duty of lower courts to apply the
initiative and decisions of the higher courts to cases involving the same
facts.
referendum.)
 Horizontal – requires that high courts must follow its
Article VI, Sec. 1, Article VII, Sec. Article VIII, Sec. own precedents
a. Constitutional – involves judicial interpretations of
Philippine 1, Philippine 1, Philippine
statutes
Constitution Constitution Constitution b. Statutory- involves interpretation of statutes
Makes the law Executes the law Interprets the law
Reasons why courts apply stare decisis

The situs of construction and interpretation of written laws - Economical

belong to the judicial department. Thus under the principle of - Judicial stability – to not diminish the respect for the
checks and balances, courts may declare legislative measures courts
or executive acts unconstitutional. -
Stare decisis from foreign countries – not accepted
Article VII, Sec. 1, Philippine Constitution:
Exemption – from the country / law where we
The judicial power shall be vested in one Supreme Court adopted some of our present laws
and in such lower courts as may be established by law.
When to apply stare decisis- when similar on critical
Judicial power includes the duty of the courts of justice to (substantial similarity)
settle actual controversies involving rights which are
Critical facts- anything that is similar on material
legally demandable and enforceable, and to determine
facts of the case
whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of Obiter dicta – not needed
any branch or instrumentality of the Government.
Ratio decidendi – relevant to the issues

Squarely applicable – almost all angles of 2 cases are

Stare Decisis – enjoins adherence by the lower courts to the same
doctrinal rules established by the lower courts in its final
decision
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 STATUTORY CONSTRUCTION REVIEWER
Held : Yes, There is a hiatus in the law and the rules
of court. The purpose of equity jurisdiction in this
case is to prevent unjust enrichment of Reyes at the
Judicial Legislation expense of Lim
 the prohibition against judicial legislation is
rooted on the doctrine of separation of powers
which under this doctrine, legislation is only  Policy arguments- arguments that arise from
vested on the congress , execution is vested on consequences
the executive and interpretation and/or
application is vested on the judiciary
 Generally, Judicial Legislation is not allowed. Provisional remedies – given on pending litigations
The courts, however, are permitted to engage in
judicial legislation on instances provided for 1. Preliminary attachment
under article 9 of the civil code. This instances 2. Preliminary injunction – prohibits the action of the
are silence, obscurity and insufficiency of the defendant
law. In no case, a court may punish an accuses of 3. Replevin
criminal offense when there is no criminal law 4. Receivership
punishing the act. 5. Support
Silverio v Republic

- Rommel Silverio , a transgender, filed a petition for - Provisional remedies are given to prevent paper
change of name and sex(gender) judgment that may happen
Issue : Whether or not the petitioner’s essential claim
to change his name and gender in his birth certificate
allowed by the law The Supreme Court is the one and only Constitutional Court
Held : No and all other lower courts are statutory courts or one
established by statute. Nevertheless, the Supreme Court and
1. Change of name is primarily administrative in such lower courts have the power to construe and interpret
nature written laws.
2. Grounds for change of name under 9048 , name Duty of the Courts to Construe and Interpret the Law;
need to be ridiculous or habitually used Requisites (CA)
3. No law allows the change of entry in the birth
certificate as to sex on the ground of sex re- 1. There must be an actual case or controversy.
assignments 2. There is ambiguity in the law involved in the
- Will shatter the census’ records controversy.
Ambiguity – doubtfulness, doubleness of meaning, duplicity,
Republic v. Orbecido indistinctiveness, or uncertainty of meaning of an expression
Q: Is there judicial legislation applied in this case? used in a written instrument.
A: Yes , The court read something that is not there, Ambiguity exists if reasonable persons can find different
when you expand the meaning of the law , then its meanings in a statute, document, etc.
judicial legislation
The first kind of ambiguity is verbal ambiguity.
The ruling is to be applied only for mixed marriages
In verbal ambiguity there is a question on the definition of the
The courts could have just used other reasons
word. A sample of which is the word “love”.
Reyes v Lim
The second type of ambiguity is grammatical or syntactic
ambiguity. In this case ambiguity results from the structuring
- Reyes and Lim had an agreement to sell of words and usage of punctuations. A sample of which is in
- Php 10 M was paid by Lim as a down payment for the phrase, “ Only I, love you “
the property
- Reyes sold the property to Line One Food Vagueness – you know what it means but you cannot say
Corporation what degree or to what extent
Issue: Whether or not equity jurisdiction be
applicable Ex: tall, rich , probable cause

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 STATUTORY CONSTRUCTION REVIEWER
the corresponding authorities. The lower court rendered a
decision convicting the accused of the crime of illegal
Ambigous words- not intentional possession of firearms The only question being one of law, the
appeal was taken to [the Supreme] Court.
Vague words – intentional, a hint to construe or interpret easier ISSUE:
Whether or not the appointment to and holding of the position
Can the courts resort to statutory construction because of of a secret agent to the provincial governor would constitute a
vagueness? sufficient defense to a prosecution for the crime of illegal
possession of firearm and ammunition.
- YES, it can , as long as the law is doubtful, it can fall HELD:
under the statutory interpretations NO. The judgment appealed from was affirmed.
Construction and interpretation of law come only after it has RATIO:
The law (Sec. 878 as amended by Republic Act No. 4, Revised
been demonstrated that application is impossible or inadequate
Administrative Code) is explicit that except as thereafter
without them. specifically allowed:
“it shall be unlawful for any person to . . . possess any firearm,
Abello vs CIR detached parts of firearms or ammunition therefor, or any
instrument or implement used or intended to be used in the
- Petition for certiorari manufacture of firearms, parts of firearms, or ammunition.”
- Political or electoral contributions considered gift and The law cannot be any clearer. No provision was made for a
are not subject to donor’s tax secret agent. The first and fundamental duty of courts is to
- ACCRA law firm contributed Php 882, 661.31 for apply the law. “Construction and interpretation come only
Angara’s campaign funds after it has been demonstrated that application is impossible or
Issue: Whether or not the contribution is liable to inadequate without them.” (Lizarraga Hermanos v. Yap Tico,
donor’s tax (1913) 24 Phil. 504, 513). The conviction of the accused must
Held : Yes, It is taxed , NLRC sec 91 – donor’s tax – stand. It cannot be set aside.
gift
RA 7166 has no retroactive effect “The duty of the Courts is to apply the law disregarding their
feeling of sympathy or pity for the accused.”
People of the Philippines vs Patricio Amigo
GR. 116719, January 18, 1996
Facts:
Verba Legis – The duty of the court is to apply the law. When
Accused-Appellant Patricio Amigo was charged and convicted
the law is clear and unequivocal, the Court has no other of murder by the regional trial court, Davao City and was
alternative but to apply the law and not to interpret. sentenced to the penalty of reclusion perpetua.
Issue:
Dura Lex Sed Lex – The court cannot shy away from applying Whether or not that the penalty or reclusion perpetua is too
the law when no interpretation is needed no matter how harsh cruel and harsh and pleads for sympathy.
the law may be. Held:
The duty of court is to apply the law disregarding their feeling
of sympathy or pity for the accused.
“Where the law speaks in clear and categorical language, "Dura lex sed lex".
there is no room for interpretation, vacillation, or
equivocation, there is room only for application.” Different Kinds of Construction and Interpretation
People of the Philippines Vs. Mario Mapa Y Mapulong Hermeneutics
GR. L-22301, August 30, 1967  The science or art of construction and
Ponente: FERNANDO, J. interpretation.
FACTS:  The systematic body of rules which are
Petitioner was found to be in violation of Section 878 in recognized as applicable to the construction and
connection with Section 2692 of the Revised Administrative interpretation.
Code, as amended by Commonwealth Act No. 56 and as Classification of the Different Kinds of Interpretation
further amended by Republic Act No. 4. Petitioner willfully (Dr. Lieber) FEEL-PC
and unlawfully have in his possession and under his custody 1. Free or unrestricted interpretation – proceeds simply
and control one home-made revolver (Paltik), Cal. 22, without on the general principles of interpretation in good
serial number, with six (6) rounds of ammunition, without first faith, not bound by any specific or superior principle.
having secured the necessary license or permit therefor from
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 STATUTORY CONSTRUCTION REVIEWER
2. Extensive interpretation – also called liberal 1. First Reading - Any member of either house may
interpretation, adopts a more comprehensive present a proposed bill, signed by him, for First
signification of the words. Reading and reference to the proper committee.
3. Extravagant interpretation – is that which substitutes
During the First Reading, the principal author of the
a meaning evidently beyond the true one. It is
therefore not genuine interpretation. bill may propose the inclusion of additional authors
4. Limited or restricted interpretation - is when we are thereof.
influenced by other principles than the strictly 2. Referral to Appropriate Committee – Immediately
hermeneutic ones. after the First Reading, the bill is referred to the
5. Predestined interpretation – takes place if the proper committee/s for study and consideration. If
interpreter, laboring under a strong bias of mind, disapproved in the committee, the bill dies a natural
makes the text subservient to his preconceived views death unless the House decides otherwise, following
and desires. This include artful interpretation by
the submission of the report.
which the interpreter seeks to give a meaning to the
3. Second Reading – If the committee reports the bill
text other than the one be knows to have been
intended. favorably, the bills is forwarded to the Committee on
6. Close interpretation – is adopted if just reasons Rules so that it may be calendared for deliberation on
connected with the character and formation of the Second Reading. At this stage, the bill is read for the
text induce as to take the words in their narrowest second time in its entirely, together with the
meaning. The specie of interpretation is also amendments, if any, proposed by the committee,
generally called “literal.” unless the reading is dispensed with by a majority
vote of the House.
Chapter II – Statutes 4. Debates – A general debate is then opened after the
Legislative Procedures Second Reading and amendments may be proposed
Article VI, Sec. 1, Philippine Constitution: by any member of Congress. The insertion of
The legislative power shall be vested in the Congress changes or amendments shall be done in accordance
of the Philippines which shall consist of a Senate and with the rules of either House. The House may either
a House of Representatives, except to the extent “kill” or pass the bill.
reserved to the people by the provision on initiative 5. Printing and Distribution – After approval of the bill
and referendum. on Second Reading, the bill is then ordered printed in
its final form and copies of it are distributed among
Legislative department of the government has the authority to
the members of the House three days before its
make laws and to alter or repeal the same.
passage, except when the bill was certified by the
President. A bill approved on Second Reading shall
 Bill – draft of a proposed law from the time of its
be included in the calendar of bills for Third Reading.
introduction in a legislative body through all the
6. Third Reading – At this stage, only the title of the bill
various stages in both houses.
is read. Upon the last reading of a bill, no amendment
 Draft – form of proposed law before it is enacted into
thereto is allowed and the vote thereon is taken
law by a vote of the legislative body.
immediately thereafter, and yeas and nays entered in
 Act – is the appropriate term for a bill after it has
the journal. A member may abstain. As a rule, a
been acted on and passed by the legislature.
majority of the members constituting a quorum is
 Statute – the written will of the legislature solemnly
sufficient to pass a bill.
expressed according to the form necessary to 7. Referral to Other House – If approved, the bill is then
constitute it as the law of the state. referred to the other House where substantially the
 Statute Law – includes not only statutes but also the
same procedure takes place.
judicial interpretation and application of the 8. Submission to Joint Bicameral Committee –
enactment. Differences, if any, between the House’s bill and the
Senate’s amended version, and vice versa are
How a bill becomes a Law – Steps
submitted to a conference committee of members of
(Father SB, Pastor SS = FR.SD-PTR.SS) – Based on
Atty. Dellosa’s Discussion both Houses for compromise. If either House accepts
the changes made by the other, no compromise is
necessary.
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 STATUTORY CONSTRUCTION REVIEWER
9. Submission to the President – a bill approved on reconsideration, two-thirds of all the
Third Reading by both Houses shall be printed and Members of such House shall agree to pass
forthwith transmitted to the President for his action – the bill, it shall be sent, together with the
objections, to the other House by which it
approval or disproval. If the President does not
shall likewise be reconsidered, and if
communicate his veto of any bill to the House where approved by two-thirds of all the Members
it originated within 30 days from receipt thereof, it of that House, it shall become a law. In all
shall become a law as if he signed it. Bill repassed by such cases, the votes of each House shall be
Congress over the veto of the President automatically determined by yeas or nays, and the names
becomes a law. of the Members voting for or against shall
be entered in its Journal. The President
shall communicate his veto of any bill to the
House where it originated within thirty days
Constitutional Test in the Passage of a Bill after the date of receipt thereof, otherwise, it
*No ex post facto law or bill of attainder shall be enacted. shall become a law as if he had signed it.
Three very important constitutional requirements: (Art.
VI, Sec 26 and Sec. 27 [1], 1987 Constitution) Parts of Statute (TiP-EBod-RSSE)
I. Article VI, Section 26 (1), 1987 Constitution: 1. Title – the title of a statute is the heading on the
Every bill passed by Congress shall preliminary part, furnishing the name by which the
embrace only one subject which shall be act is individually known.
expressed in the title thereof. 2. Preamble – the part of a statute explaining the
The purposes of this constitutional requirements reasons for its enactment and the objects sought to be
are: (HSA) accomplished; declaration by the legislature of the
1. To prevent hodge-podge or log-rolling reasons for the passage of the statute and is helpful in
legislation; the interpretation of any ambiguities within the
2. To prevent surprise or fraud upon the legislature; statute to which it is prefixed.
and 3. Enacting Clause – that part of the statute which
3. To fairly apprise the people, through such declares its enactment and serves to identify it as an
publications of legislative proceedings as is act of legislation proceeding from the proper
usually made, of the subjects of legislation that legislative authority.
are being considered, in other that they may have 4. Body – The main and operative part of the statute
opportunity of being heard thereon by petition or containing its substantive and even procedural
otherwise, if they shall so desire. provisions.
II. Article VI, Section 26 (2), 1987 Constitution: 5. Repealing Clause – That part of the statute which
No bill passed by either House shall become announces the prior statutes or specifies provisions
a law unless it has passed three readings on which have been abrogated by reason of the
separate days, and printed copies thereof in enactment of the new law.
its final form have been distributed to its 6. Saving Clause – A restriction in a repealing act,
Members three days before its passage, which is intended to save rights, pending
except when the President certifies to the proceedings, penalties, etc., from the annihilation
necessity of its immediate enactment to meet which would result from an unrestricted repeal.
a public calamity or emergency. Upon the 7. Separability Clause – that part of the statute which
last reading of a bill, no amendment thereto provides that in the event the one or more provisions
shall be allowed, and the vote thereon shall are declared void or unconstitutional, the remaining
be taken immediately thereafter, and provisions shall still be in force.
the yeas and nays entered in the Journal. 8. Effectivity clause – that part of the statute which
“Three-reading” and “No amendment” rules announces the effective date of the law.
III. Article VI, Section 27 (1), 1987 Constitution:
Every bill passed by the Congress shall, Kinds of Statute (GS-LPP-RPC-PARM)
before it becomes a law, be presented to the 1. General Law – affects the community at large. That
President. If he approves the same he shall which affects all people of the state or all of a
sign it; otherwise, he shall veto it and return particular class.
the same with his objections to the House 2. Special Law – designed for a particular purpose, or
where it originated, which shall enter the limited in range or confined to a prescribed field of
objections at large in its Journal and action on operation.
proceed to reconsider it. If, after such
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 STATUTORY CONSTRUCTION REVIEWER
3. Local Law – relates or operates over a particular
locality instead of over the whole territory of the Repeals of Statute may be Expressed or Implied
state.  Express repeal – is the abrogation or annulling of a
4. Public Law – a general classification of law, previously existing law by the enactment of a
consisting generally of constitutional, administrative, subsequent statute which declares that the former law
criminal, and international law, concerned with the shall be revoked and abrogated.
organization of the state, the relations between the
state and the people who compose it, the  Implied repeal – when a later statute contains
responsibilities of public officers of the state, to each provisions so contrary to irreconcilable with those of
other, and to private persons, and the relations of state the earlier law that only one of the two statutes can
to one another. Public law may be general, local or stand in force.
special law.
5. Private Law – defines, regulates, enforces and  The repeal of a penal law deprives the court of
administers relationships among individuals, jurisdiction to punish persons charged with a
associations and corporations. violation of the old penal law prior to its repeal.
6. Remedial Statute – providing means or method
 Only a law can repeal a law.
whereby causes of action may be affectuated, wrongs
redressed and relief obtained.  Article 7 of the New Civil Code of the Philippines
7. Curative Statute – a form of retrospective legislation provides “Laws are repealed only by subsequent
which reaches back into the past to operate upon past ones, and their violation or non-observance shall
events, acts or transactions in order to correct errors not be excused by disuse, or custom or practice to
and irregularities and to render valid and effective the contrary.”
many attempted acts which would otherwise be The intention to repeal must be clear and manifest, otherwise,
ineffective for the purpose intended. at least, as a general rule, the later act is to be construed as a
8. Penal Statute – defines criminal offenses specify continuation of, and not a substitute for, the first act.
corresponding fines and punishments.
Two (2) categories of repeal by implication: (CWS)
9. Prospective Law – applicable only to cases which
shall arise after its enactment. 1. Where provision in the two acts on the same subject
10. Retrospective Law – looks backward or contemplates matter are in an irreconcilable conflict;
the past; one which is made to affect acts or facts 2. If the later act covers the whole subject of the earlier one
occurring, or rights occurring, before it came into and is clearly intended as a substitute – to be a complete
force. and perfect system in itself.
11. Affirmative Statute – directs the doing of an act, or Ordinance
declares what shall be done in contrast to a negative Ordinance – an act passed by the local legislative body in the
statute which is one that prohibits the things from exercise of its law-making authority.
being done, or declares what shall not be done.
11. Mandatory Statutes – generic term describing statutes
which require and not merely permit a course of
action. Test of Valid Ordinance (CUD-CUR)
Concept of Vague Statute 1. Must not contravene the Constitution or any statute;
Statues or act may be said to be vague when it lacks 2. Must not be unfair or oppressive;
comprehensible standards those men “of common intelligence 3. Must not be partial or discriminatory;
must necessarily guess at its meaning and differ as to its 4. Must not prohibit but may regulate trade;
application. 5. Must be general and consistent with public policy; and
Statute is repugnant to the Constitution in two (2) respects: 6. Must not be unreasonable.
(DuDis)
1. It violates due process for failure to accord persons fair Reason Why an Ordinance should not Contravene a
notice of conduct to avoid; and Statute
2. It leaves law enforcers unbridled discretions. 1. Municipal governments only exercise delegated
legislative powers conferred on them by Congress as
The Supreme Court held that the “vagueness” doctrine merely the national law making body.
requires a reasonable degree of certainty for the statute to be 2. The delegate cannot be superior to the principal.
upheld--- not absolute precision or mathematical exactitude.
Flexibility, rather than meticulous specificity, is permissible as Role of Foreign Jurisprudence
long as the metes and bounds of the statute are clearly Philippine laws must necessarily be construed in accordance
delineated. with the intention of its own law makers and such intent may
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 STATUTORY CONSTRUCTION REVIEWER
be deduced from the language of each law and the context of 3. When it leads to unreasonable consequences
other local legislation related thereof. 4. Contradicts the evident meaning of the statute taken
as a whole
Note: Foreign jurisprudence may only used for general 5. When the word has taken a technical meaning
reference, particularly when there is no applicable local 6. When the word is ambiguous or vague
jurisprudence.

Chapter III – Basic Guidelines in the Construction and Padua v People

Interpretation of Laws
Statutory Analysis – a process which allows you to approach - Provisions of comprehensive drugs act
the matter in a way that efficiently solves the problem in the - The accused is a minor from a plea of not guilty , the
least amount of time, with least confusion and with the counsel advised the accused to plead guilty
greatest accuracy - After conviction – applied for probation
- The plea was denied

Steps in Statutory Analysis Kapisanan ng mga manggagawa v Manila Rail road

1. Determine whether the statute applies in any way
- The union wants something more
- Locate all possible applicable statute
- Invokes that law gives them priority (Kapisanan)
- Determine which statutes apply
- In conflict with the rules on concurrences and
2. Analyze the statute
preferences on credits
- Read the statute ( full text )
- Identify the statutory elements – what does the statute
specifically declare, require or prohibit Secretary of Justice v Koruba
- List all the various conditions and exceptions
3. To apply the statute to the legal problem of issue - In line with immigration act
- Chart format (mostly used) – can easily identify the - The law governing on prohibited drugs
elements of law and compare it with the facts cited - Applied the golden rule – deported Koruba
by the client and meet with the requirements etc.
- Narrative format (paragraph form)
Canon of construction – are not rules of law thus are instead Whole act rule – in as much as the language of statute
general presumption about how legal the text should constitutes the dispository
interpreted
- Read the whole context
- Are analogous to the rules of syntax like the rules
governing word order in English
Sources of plain meaning Ejudsem Generis

1. Lay usage (layman’s term) GENERAL RULE: Where a general word or phrase follows
2. Dictionary definitions an enumeration of a particular and specific words of the same
- Ordinary words class or where the latter follow the former, the general word or
- Technical words (legal jargons) phrase is to be construed to include, or to be restricted to,
3. Definitional sections of statutes persons, things, or cases akin to, resembling, or of the same
kind or class as those specifically mentioned.

When not to apply plain meaning rule

CONDITIONS BEFORE EJUSDEM GENERIS CAN BE
MADE APPLICATBLE:

1. When it leads to absurdity ( golden rule of Statute contains an enumeration of particular and specific
construction) words, followed by a general word or phrase.
2. When it operates unjustly

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 STATUTORY CONSTRUCTION REVIEWER
The particular and specific words constitute class or are of the A. Yambao, owner and manager of Elecon Engineering
same kind Services (Elecon), a supplier of petitioner often recommended
by Saldivar. The report also disclosed that Saldivar had taken
Enumeration of the particular and specific words is not petitioner's missing Fedders airconditioning unit for his own
exhaustive or is not merely by examples; personal use without authorization and also connived with
Yambao to defraud petitioner of its property. The
No indication of legislative intent to give the general words or airconditioner was recovered only after petitioner GMCR filed
phrases a broader meaning. an action for replevin against Saldivar.

It likewise appeared in the course of Maramara's investigation

NOSCITUR a SOCIIS: that Imelda Salazar violated company reglations by involving
herself in transactions conflicting with the company's interests.
Evidence showed that she signed as a witness to the articles of
Where a particular word or phrase is ambiguous in itself or is partnership between Yambao and Saldivar. It also appeared
equally susceptible of various meanings, its correct that she had full knowledge of the loss and whereabouts of the
construction may be made clear and specific by considering Fedders airconditioner but failed to inform her employer.
the company of words in which it is found or with it is
associated. Consequently, in a letter dated October 8, 1984, petitioner
company placed private respondent Salazar under preventive
suspension for one (1) month, effective October 9, 1984, thus
EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS: giving her thirty (30) days within which to, explain her side.
The express mention of one person, thing or consequence But instead of submitting an explanations three (3) days later
implies the exclusion of all others. or on October 12, 1984 private respondent filed a complaint
against petitioner for illegal suspension, which she
Legislative Intent subsequently amended to include illegal dismissal, vacation
The object of all interpretation and construction of statutes is and sick leave benefits, 13th month pay and damages, after
to ascertain the meaning and intention of the legislature, to the petitioner notified her in writing that effective November 8,
end that the same may be enforced. 1984, she was considered dismissed "in view of (her) inability
to refute and disprove these findings
“Legislative intent is determined principally from the
language of the statute.”
Sometime in 1984, petitioner GMCR, prompted by reports
that company equipment and spare parts worth thousands of
VERBA LEGIS
dollars under the custody of Saldivar were missing, caused the
If the language of the statute is plain and free from ambiguity,
investigation of the latter's activities. The report dated
and express a single, definite, and sensible meaning, that
September 25, 1984 prepared by the company's internal
meaning is conclusively presumed to be the meaning which
auditor, Mr. Agustin Maramara, indicated that Saldivar had
the legislature intended to convey.
entered into a partnership styled Concave Commercial and
“Plain Meaning Rule or Verba Legis”
Industrial Company with Richard A. Yambao, owner and
Globe Mackay Cable and Radio Communications VS.
manager of Elecon Engineering Services (Elecon), a supplier
NLRC and Imelda Salazar
of petitioner often recommended by Saldivar. The report also
GR 82511, March 3, 1992
disclosed that Saldivar had taken petitioner's missing Fedders
Facts:
airconditioning unit for his own personal use without
In May 1982, private respondent was employed by Globe-
authorization and also connived with Yambao to defraud
Mackay Cable and Radio Corporation (GMCR) as general
petitioner of its property. The airconditioner was recovered
systems analyst. Also employed by petitioner as manager for
only after petitioner GMCR filed an action for replevin against
technical operations' support was Delfin Saldivar with whom
Saldivar.
private respondent was allegedly very close.

Sometime in 1984, petitioner GMCR, prompted by reports It likewise appeared in the course of Maramara's investigation
that company equipment and spare parts worth thousands of that Imelda Salazar violated company reglations by involving
dollars under the custody of herself in transactions conflicting with the company's interests.
Saldivar were missing, caused the investigation of the latter's Evidence showed that she signed as a witness to the articles of
activities. The report dated September 25, 1984 prepared by partnership between Yambao and Saldivar. It also appeared
the company's internal auditor, Mr. Agustin Maramara, that she had full knowledge of the loss and whereabouts of the
indicated that Saldivar had entered into a partnership styled Fedders airconditioner but failed to inform her employer.
Concave Commercial and Industrial Company with Richard
9
MAKASIAR Notes
 STATUTORY CONSTRUCTION REVIEWER
Consequently, in a letter dated October 8, 1984, petitioner given its literal meaning and applied without attempted
company placed private respondent Salazar under preventive interpretation. This plain-meaning rule or verba legis derived
suspension for one (1) month, effective October 9, 1984, thus from the maxim index animi sermo est (speech is the index of
giving her thirty (30) days within which to, explain her side. intention) rests on the valid presumption that the words
But instead of submitting an explanations three (3) days later employed by, the legislature in a statute correctly express its
or on October 12, 1984 private respondent filed a complaint intent or will and preclude the court from construing it
against petitioner for illegal suspension, which she differently. The legislature is presumed to know the meaning
subsequently amended to include illegal dismissal, vacation of the words, to:have used words advisedly, and to have
and sick leave benefits, 13th month pay and damages, after expressed its intent by the use of such words as are found in
petitioner notified her in writing that effective November 8, the statute. Verba legis non est recedendum, or from the words
1984, she was considered dismissed "in view of (her) inability of a statute there should be no departure. Neither does the
to refute and disprove these findings provision admit of any qualification. If in the wisdom of the
Court, there may be a ground or grounds for non-application
On appeal, public respondent National Labor Relations, of the above-cited provision, this should be by way of
Commission in the questioned resolution dated December 29, exception, such as when the reinstatement may be
1987 affirmed the aforesaid decision with respect to the inadmissible due to ensuing strained relations between the
reinstatement of private respondent but limited the backwages employer and the employee. NLRC Resolution Affirmed
to a period of two (2) years and deleted the award for moral
damages. “When the language of the law is clear, it should be given its
natural meaning.”
Hence, this petition assailing the Labor Tribunal for having
committed grave abuse of discretion in holding that the Felicito Basbacio Vs. Office of the Secretary, Department
suspension and subsequent dismissal of private respondent of Justice
were illegal and in ordering her reinstatement with two (2)
years' backwages.
Held: Art. 279 of the Labor Code, as amended, provides: GR. 109445, November 7, 1994

Security of Tenure. — In cases of regular employment, the Ponente: MENDOZA, J.

employer shall not terminate the services of an employee
except for a just cause or when authorized by this Title. An
FACTS:
employee who is unjustly dismissed from work shall be
entitled to reinstatement without loss of seniority rights and
other privileges and to his full backwages, inclusive of Petitioner Felicito Basbacio and his son-in-law, Wilfredo
allowances, and to his other benefits or their monetary Balderrama, were convicted of frustrated murder and of two
equivalent computed from the time his compensation was counts of frustrated murder. Petitioner and his son-in-law were
withheld from him up to the time of his actual reinstatement. sentenced to imprisonment and ordered immediately detained
after their bonds had been cancelled. Petitioner and his son-in-
Corollary thereto are the following provisions of the law appealed. The Court of Appeals rendered a decision
Implementing Rules and Regulations of the Labor Code:
acquitting petitioner on the ground that the prosecution failed
to prove conspiracy between him and his son-in-law. Based on
Sec. 2. Security of Tenure. — In cases of regular
employments, the employer shall not terminate the services of his acquittal, petitioner filed a claim under Rep. Act No. 7309,
an employee except for a just cause as provided in the Labor Sec. 3(a), which provides for the payment of compensation to
Code or when authorized by existing laws. “any person who was unjustly accused, convicted, imprisoned
but subsequently released by virtue of a judgment of
Sec. 3. Reinstatement. — An employee who is unjustly acquittal.” The claim was filed with the Board of Claims of the
dismissed from work shall by entitled to reinstatement without Department of Justice, but the claim was denied on the ground
loss of seniority rights and to backwages." that while petitioner’s presence at the scene of the killing was
not sufficient to find him guilty beyond reasonable doubt, yet,
In the case at bar, the law is on the side of private respondent. considering that there was bad blood between him and the
In the first place the wording of the Labor Code is clear and
deceased as a result of a land dispute and the fact that the
unambiguous: "An employee who is unjustly dismissed from
work shall be entitled to reinstatement. . . . and to his full convicted murderer is his son-in-law, there was basis for
backwages. . . ." Under the principlesof statutory construction, finding that he was “probably guilty.” Petitioner brought this
if a statute is clears plain and free from ambiguity, it must be
10
MAKASIAR Notes
 STATUTORY CONSTRUCTION REVIEWER
petition for review on certiorari as a special civil action under consequences, or would thwart or contravene the manifest
Rule 65 of the Rules of Court. purpose of the legislature in its enactment, it should be
construed according to its spirit and reason, disregarding or
modifying, so far as may be necessary, the strict letter of the
ISSUE:
law.

Whether or not petitioner is entitled of the claim under R.A. “A construction that gives to the language used in a statute a
No. 7309. meaning that does not accomplish the purpose for which the
statute was enacted should be rejected.”
HELD:
Manuel T. De Guia Vs. COMELEC
NO. Petitioner’s contention has no merit.
GR. 104712, May 6, 1992
RATIO:
Ponente: BELLOSILLO J.
Verba legis non est recedendum – from the words of a statute
FACTS:
there should be no departure.

[C]ongress passed R.A. 7166, signed into law by the President

To say then that an accused has been “unjustly convicted” has
on November 26, 1991. It is “An Act Providing for
to do with the manner of his conviction rather than with his
Synchronized National and Local Elections and for Electoral
innocence. An accused may on appeal be acquitted because he
Reforms, Authorizing Appropriations Therefor, and for Other
did not commit the crime, but that does not necessarily mean
Purposes.” Respondent Commission on Elections
that he is entitled to compensation for having been the victim
(COMELEC) issued Resolution No. 2313, adopting rules and
of an “unjust conviction.” If his conviction was due to an error
guidelines in the apportionment, by district, of the number of
in the appreciation of the evidence the conviction while
elective members of the Sangguniang Panlalawigan in
erroneous is not unjust. That is why it is not, on the other
provinces with only one (1) legislative district and the
hand, correct to say as does respondent, that under the law
Sangguniang Bayan of municipalities in the Metro Manila
liability for compensation depends entirely on the innocence
Area for the preparation of the Project of District
of the accused.
Apportionment by the Provincial Election Supervisors and
Election Registrars, Resolution No. 2379, approving the
Project of District Apportionment submitted pursuant to
Resolution No. 2313, and Resolution UND. 92-010 holding
Statutes as a Whole
that pars. (a), (b) and (c), and the first sentence of par. (d), all
of Sec. 3, R.A. 7166, apply to the May 11, 1992 elections.
A cardinal rule in statutory construction is that legislative
Petitioner imputes grave abuse of discretion to COMELEC in
intent must be ascertained from a consideration of the statute
as a whole and not merely of a particular provision. A word or promulgating the aforementioned resolutions, and maintained
phrase might easily convey a meaning which is different from that election of Sanggunian members be “at large” instead of
the one actually intended. “by district”.
A statute should be construed as a whole because it is not to be
presumed that the legislature has used any useless words, and ISSUE:
because it is dangerous practice to base the construction upon
only a part of it, since one portion may be qualified by other
portions. Whether or not the petitioner’s interpretation of Sec.3 of R.A.
7166 is correct in assailing the aforementioned COMELEC
“In interpreting a statute, care should be taken that every Resolutions.
part be given effect.”
HELD:
Spirit and Purpose of the Law.
When the interpretation of a statute according to the exact and NO. Petition was dismissed for lack of merit
literal import of its words would lead to absurd or mischievous
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MAKASIAR Notes
 STATUTORY CONSTRUCTION REVIEWER
RATIO: [D]efendant Guillermo Manantan was charged with a violation
Section 54 of the Revised Election Code in the Court of First
Spirit and purpose of the law – The reason for the Instance of Pangasinan. The defense moved to dismiss the
promulgation of R.A. 7166 is shown in the explanatory note of information on the ground that as justice of the peace the
Senate Bill No. 1861, and that respondent COMELEC is defendant is one of the officers enumerated in Section 54 of
cognizant of its legislative intent. the Revised Election Code. The lower court denied the said
motion. A second motion was filed by defense counsel who
No law is ever enacted that is intended to be meaningless, cited in support thereof the decision of the Court of Appeals in
much less inutile. We must therefore, as far as we can, divine People vs. Macaraeg applying the rule of “expressio unius, est
its meaning, its significance, its reason for being. As it has oft exclusion alterius”. The lower court dismissed the information
been held, the key to open the door to what the legislature against the accused upon the authority of the ruling in the case
intended which is vaguely expressed in the language of a cited by the defense. The issue was raised to the Supreme
statute is its purpose or the reason which induced it to enact Court.
the statute.
ISSUE:
The true import of Par. (d) is that Sangguniang Panlungsod of
the single-district cities and the Sangguniang Bayan of the Whether or not a justice of the peace was included in the
municipalities outside Metro Manila, which remained single- prohibition of Section 54 of the Revised Election Code.
districts not having been ordered apportioned under Sec. 3 of
R.A. 7166 will have to continue to be elected at large in the
May 11, 1992, elections, although starting 1995 they shall all
be elected by district to effect the full implementation HELD:

YES. The order of dismissal entered by the trial court should

“Between two statutory interpretations, that which better be set aside and this case was remanded for trial on the merits.
serves the purpose of the law should prevail.”
RATIO:
Casus Omissus
When a statute makes specific provisions in regard to several
enumerated cases or objects, but omits to make any provision The application of the rule of casus omissus does not proceed
for a case or object which is analogous to those enumerated, or from the mere fact that a case is criminal in nature, but rather
which stands upon the same reason, and is therefore within the from a reasonable certainty that a particular person, object or
general scope of the statute, and it appears that such case or thing has been omitted from a legislative enumeration. In the
object was omitted by inadvertence or because it was present case, and for reasons already mentioned, there has
overlooked or unforeseen, it is called a “casus omissus”. Such
been no such omission. There has only been a substitution of
omissions or defects cannot be supplied by the courts.
terms. On law reason and public policy, defendant-appellee’s
“The rule of ‘casus omissus pro omisso habendus est’ can contention that justices of the peace are not covered by the
operate and apply only if and when the omission has been injunction of Section 54 must be rejected. To accept it is to
clearly established.” render ineffective a policy so clearly and emphatically laid
down by the legislature.
People of the Philippines Vs. Guillermo Manantan
Although it was observed that both the Court of Appeals and
GR. L-14129, July 31, 1962 the trial court applied the rule of “expressio unius, est
exclusion alterius” in arriving at the conclusion that justices of
Ponente: REGALA, J. the peace are not covered by Section 54, the rule has no
application. If the legislature had intended to exclude a justice
FACTS: of the peace from the purview of Section 54, neither the trial
court nor the Court of Appeals has given the reason for the
exclusion. Indeed, there appears no reason for the alleged

12
MAKASIAR Notes
 STATUTORY CONSTRUCTION REVIEWER
change. Hence, the rule of expressio unius est exclusion NO. The trial court was directed to dismiss Civil Case 8943
alterius has been erroneously applied. with prejudice and without costs.

RATIO:
“Follow past precedents and do not disturb what has been
settled. Matters already decided on the merits cannot be Considering the governing principle of stare decisis et non
relitigated again and again.”
quieta movere (follow past precedents and do not disturb what
has been settled), respondents Aquial and Cordova cannot
JM Tuason and Co. INC., ET AL. Vs. Hon. Herminio C.
maintain their action in Civil Case No. 8943 without eroding
Mariano, Manuel Aquial, Maria Aquial, Spouses Jose M.
the long settled holding of the courts that OCT No. 735 is
Cordova and Saturnina C. Cordova
valid and no longer open to attack.It is against public policy
that matters already decided on the merits be relitigated again
GR. L-33140, October 23, 1978
and again, consuming the court’s time and energies at the
expense of other litigants.
Ponente: AQUINO, J.

FACTS:
General and Special Terms
 General terms in a statute are to receive a general
The case began when Manuela Aquial and Maria Aquial filed construction, unless retrained by the context or by
a complaint in forma pauperis in the Court of First Instance of plain inferences from the scope and purpose of the
Rizal Pasig Branch X, wherein they prayed that they be act.
declared the owners of a parcel of land located at Balara,  General terms or provisions in a statute may be
Marikina, Rizal, docketed as Civil Case No. 8943. They restrained and limited by specific terms or provisions
alleged that sometime in 1960, or after J. M. Tuason & Co., with which they are associated.
 Special terms in a statute may sometimes be
Inc. had illegally entered upon that land, they discovered that
expanded to a general signification by the
it had been fraudulently or erroneously included in OCT No.
consideration that the reason of the law is general.
735 of the Registry of Deeds of Rizal. They further alleged
that transfer certificates of title, derived from OCT No. 735, “General terms may be restricted by a specific words, with
were issued to J. M. Tuason & Co., Inc., et.al. J.M. Tuason & the result that the general language will be limited by a
Co., Inc. filed a motion to dismiss on the grounds of lack of specific language which indicates the statute’s object and
jurisdiction, improper venue, prescription, laches and prior purpose. The rule is applicable only to cases wherein, except
for one general term, all the items in a enumeration belong
judgment. The plaintiffs opposed that motion. The lower court
to or fall under one specific class.”
denied it. The grounds of the motion to dismiss were pleaded
as affirmative defenses in the answer of Tuason and J. M. Colgate-Palmolive V. Auditor General
Tuason & Co., Inc. They insisted that a preliminary hearing be GR. L-14787
held on those defenses. The Tuason and J. M. Tuason & Co., Jan. 28, 1961
Inc. filed the instant civil actions of certiorari and prohibition
praying, inter alia, that the trial court be ordered to dismiss the Ponente: GUTIERREZ DAVID, J.
complaint and enjoined from proceeding in the said case, and
a writ of preliminary injunction was issued.
FACTS:

ISSUE:
The petitioner Colgate-Palmolive Philippines imported from
abroad various materials such as irish moss extract, sodium
Whether or not OCT No. 735 and the titles derived therefrom benzoate, sodium saccharinate precipitated calcium carbonate
can be questioned at this late hour by respondents Aquial and and dicalcium phosphate, for use as stabilizers and flavoring
Cordova. of the dental cream it manufactures. For every importation
made of these materials, the petitioner paid to the Central
HELD: Bank of the Philippines the 17% special excise tax on the

13
MAKASIAR Notes
 STATUTORY CONSTRUCTION REVIEWER
foreign exchange used for the payment of the cost, number of articles that may be classified as food or food
transportation and other charges incident thereto, pursuant to products, but it is likewise true that the other items
Republic Act No. 601, as amended, commonly known as the immediately following it do not belong to the same
Exchange Tax Law. The petitioner filed with the Central Bank classification.
three applications for refund of the 17% special excise tax it
had paid. The auditor of the Central Bank, refused to pass in The rule of construction that general and unlimited terms are
audit its claims for refund fixed by the Officer-in-Charge of restrained and limited by particular recitals when used in
the Exchange Tax Administration, on the theory that connection with them, does not require the rejection of general
toothpaste stabilizers and flavors are not exempt under section terms entirely. It is intended merely as an aid in ascertaining
2 of the Exchange Tax Law. the intention of the legislature and is to be taken in connection
with other rules of construction.
Petitioner appealed to the Auditor General, but the latter
affirmed the ruling of the auditor of the Central Bank,
maintaining that the term “stabilizer and flavors” mentioned in
section 2 of the Exchange Tax Law refers only to those used in General Terms Following Special Terms (Ejusdem
the preparation or manufacture of food or food products. Not Generis)
satisfied, the petitioner brought the case to the Supreme Court It is a general rule of statutory construction that where general
thru the present petition for review. words follow an enumeration of persons or things, by words of
a particular and specific meaning, such general words are not
to be construed in their widest extent, but are to be held as
applying only to persons or things of the same general kind or
class as those specifically mentioned. But this rule must be
discarded where the legislative intention is plain to the
contrary.
ISSUE:
This rule is commonly called the “ejusdem generis” rule,
because it teaches us that broad and comprehensive
Whether or not the foreign exchange used by petitioner for the expressions in an act, such as “and all others”, or “any others”,
importation of dental cream stabilizers and flavors is exempt are usually to be restricted to persons or things “of the same
from the 17% special excise tax imposed by the Exchange Tax kind” or class with those specially named in the preceding
Law (Republic Act No. 601). words.

Rule of ejusdem generis merely a tool of statutory

HELD: construction resorted to when legislative intent is uncertain.

YES. The decision under review was reversed. “Applying the rule in statutory construction known as
ejusdem generis, that is where general words follow an
enumeration of persons or things, by words of a particular,
RATIO: and specific meaing, such general words are not to be
construed in their widest extent, but are to be held as
General and special terms. The ruling of the Auditor General applying only to persons or things of the same kind or class
that the term “stabilizer and flavors” as used in the law refers as those specifically mentioned.”
only to those materials actually used in the preparation or
manufacture of food and food products is based, apparently, Republic V. Migrinio
on the principle of statutory construction that “general terms GR. 89483
may be restricted by specific words, with the result that the Aug. 30 1990
general language will be limited by the specific language
which indicates the statute’s object and purpose.” The rule, Ponente: CORTES, J.
however, is applicable only to cases where, except for one
general term, all the items in an enumeration belong to or fall FACTS:
under one specific class (ejusdem generis). In the case at bar,
it is true that the term “stabilizer and flavors” is preceded by a

14
MAKASIAR Notes
 STATUTORY CONSTRUCTION REVIEWER
The New Armed Forces Anti-Graft Board (Board) under the prejudice to his investigation and prosecution by the
Presidential Commission on Good Government (PCGG) appropriate prosecution agency.
recommended that private respondent Lt. Col. Troadio Tecson
(ret.) be prosecuted and tried for violation of Rep. Act No.
3019, as amended, and Rep. Act No. 1379, as amended. “Rule of ejusdem generis merely a tool of statutory
Private respondent moved to dismiss. The Board opposed. construction resorted to when legislative intent is
Private respondent filed a petition for prohibition with uncertain.”
preliminary injunction with the Regional Trial Court in Pasig, People V. Echavez
GR. L-47757-61
Metro Manila. According to petitioners, the PCGG has the
Jan. 28, 1980
power to investigate and cause the prosecution of private
respondent because he is a “subordinate” of former President Ponente: AQUINO
Marcos. Respondent alleged that he is not one of the
subordinates contemplated in Executive Orders 1, 2, 14 and
FACTS:
14-A as the alleged illegal acts being imputed to him, that of
alleged amassing wealth beyond his legal means while
Petitioner Ello filed with the lower court separate informations
Finance Officer of the Philippine Constabulary, are acts of his
against sixteen persons charging them with squatting as
own alone, not connected with his being a crony, business
penalized by Presidential Decree No. 772. Before the accused
associate, etc. or subordinate as the petition does not allege
could be arraigned, respondent Judge Echaves motu
so. Hence the PCGG has no jurisdiction to investigate him.
proprio issued an omnibus order dismissing the five
informations (out of 16 raffled) on the grounds (1) that it was
ISSUE:
alleged that the accused entered the land through “stealth and
strategy”, whereas under the decree the entry should be
Whether or not private respondent acted as a “subordinate” effected “with the use of force, intimidation or threat, or taking
under E.O. No.1 and related executive orders. advantage of the absence or tolerance of the landowner”, and
(2) that under the rule of ejusdem generis the decree does not
HELD: apply to the cultivation of a grazing land. From the order of
dismissal, the fiscal appealed to this Court under Republic Act
NO. Civil Case decision dismissed and nullified. TRO was No. 5440.
made permanent.
ISSUE:
RATIO:
Whether or not P.D. No. 772 which penalizes squatting and
Applying the rule in statutory construction known similar acts, (also) apply to agricultural lands.
as ejusdem generis, that is – [w]here general words follow an
enumeration of persons or things, by words of a particular and HELD:
specific meaning, such general words are not to be construed
in their widest extent, but are to be held as applying only to NO. Appeal was devoid of merit.Trial court’s dismissal was
persons or things of the same kind or class as those affirmed.
specifically mentioned. The term “subordinate” as used in
E.O. Nos. 1 and 2 would refer to one who enjoys a close
association or relation with former Pres. Marcos and/or his
wife, similar to the immediate family member, relative, and
RATIO:
close associate in E.O. No. 1 and the close relative, business
associate, dummy, agent, or nominee in E.O. No. 2.
[T]he lower court correctly ruled that the decree does not
apply to pasture lands because its preamble shows that it was
The PCGG is ENJOINED from proceeding with the
intended to apply to squatting in urban communities or more
investigation and prosecution of private respondent, without
particularly to illegal constructions in squatter areas made by

15
MAKASIAR Notes
 STATUTORY CONSTRUCTION REVIEWER
well-to-do individuals. The squating complained of involves
pasture lands in rural areas. Express Mention and Implied Exclusion.
(Expressio Unius Est Exclusio Alterius)
 It is a general rule of statutory construction that the
The rule of ejusdem generis (of the same kind or species)
express mention of one person, thing, or consequence
invoked by the trial court does not apply to this case. Here, the
is tantamount to an express exclusion of all others.
intent of the decree is unmistakable. It is intended to apply “Expressio unius est exclusio alterius”.
only to urban communities, particularly to illegal  It is based upon the rules of logic and natural
constructions. The rule of ejusdem generis is merely a tool of workings of the human mind.
statutory construction which is resorted to when the legislative  It is useful only as a guide in determining the
intent is uncertain. probable intention of the legislature.
Except:
 When there is manifest injustice
 When there is no reason for exception.
“The express mention of one person, thing, act, or
“The familiar rule of Ejusdem Generis”
consequence excludes all others. Expressio unuis est
Vera V. Cuevas exclusion alterius”
GR. L 33693-94
May 31, 1979
Facts: SPMC V. Commission of Internal Revenue
Consolidated Philippines Inc., General Milk Co. (Phil.) Inc., GR. 147749
and Milk Industries Inc. are engaged in The manufacture, June 22, 2006
sale and distribution of filled milk products
throughout the Philippines. The Institute of Ponente: CORONA, J.
Evaporated Filled Milk Manufacturers of the Philippines is a
corporation organized to uphold and maintain the highest
standards of local filled milk industries, of which the FACTS:
companies are members. The Commissioner required the
companies to withdraw from the market all of their filled milk San Pablo Manufacturing Corporation (SPMC) is a domestic
products which do not bear the inscription required by Section corporation engaged in the business of milling, manufacturing
169 (Inscription to be placed on skimmed milk) of the Tax and exporting of coconut oil and other allied products. It was
Code within 15days from receipt of order with explicit
assessed and ordered to pay by the Commissioner of Internal
warning of prosecution for non-compliance. The companies
filed an action for prohibition and injunction. Revenue miller’s tax and manufacturer’s sales tax, among
Issue: other deficiency taxes, for taxable year 1987 particularly on
Whether Section 169 of the Tax Code can be enforced against SPMC’s sales of crude oil to United Coconut Chemicals, Inc.
the companies. (UNICHEM) while the deficiency sales tax was applied on its
Held: sales of corn and edible oil as manufactured products. SPMC
With Section 141 (specific tax imposed on skimmed opposed the assessments. The Commissioner denied its
milk) and Section 177 (penalty on sale of skimmed
protest. SPMC appealed the denial of its protest to the Court
milk without payment of specific tax and legend required in
Section 169) repealed by RA 344 and RA 463, of Tax Appeals (CTA) by way of a petition for review.
respectively; Section 169 has lost its tax purpose, docketed as CTA Case No. 5423. It insists on the liberal
and thus the Commissioner necessary lost his application of the rules because, on the merits of the petition,
authority to enforce the same. Further, Section 169 applies to SPMC was not liable for the 3% miller’s tax. It maintains that
skimmed milk, which is different to filled milk. the crude oil which it sold to UNICHEM was actually
Furthermore, Section 169 is only being exported by UNICHEM as an ingredient of fatty acid and
enforced against the respondent companies
glycerine, hence, not subject to miller’s tax pursuant to
n a d n o t a g a i n s t manufacturers, distributors or
sellers of condensed skimmed milk such as Section 168 of the 1987 Tax Code. Since UNICHEM, the
SIMILAC, SMA, BREMIL,ENFAMIL, and OLAC. buyer of SPMC’s milled products, subsequently exported said
Such kind of enforcement amou nts to an products, SPMC should be exempted from the miller’s tax.
unconstitutional denial of the equal protection of the
laws, for the law, if not equally enforced to persons similarly ISSUE:
situated, would offend against the Constitution.

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MAKASIAR Notes
 STATUTORY CONSTRUCTION REVIEWER
Whether or not SPMC’s sale of crude coconut oil to a copulative conjunction, unless a contrary intent
UNICHEM was subject to the 3% miller’s task. plainly appears.

HELD: Use of Negative Words.

“Negative words and phrases regarded as mandatory while
NO. Petition was denied. those affirmative are mere directory.”
Fule V. Court of Appeals
RATIO: GR. L-79094
June 22, 1988
Ponente: MELENCIO-HERRERA, J.
The language of the exempting clause of Section 168 of the
1987 Tax Code was clear. The tax exemption applied only to FACTS:
the exportation of rope, coconut oil, palm oil, copra by-
products and dessicated coconuts, whether in their original This is a Petition for Review on certiorari of the Decision of
state or as an ingredient or part of any manufactured article or respondent Appellate Court, which affirmed the judgment of
products, by the proprietor or operator of the factory or by the the Regional Trial Court, Lucena City, Branch LIV, convicting
miller himself. petitioner (the accused-appellant) of Violation of Batas
Pambansa Blg. 22 (The Bouncing Checks Law) on the basis of
Where the law enumerates the subject or condition upon the Stipulation of Facts entered into between the prosecution
which it applies, it is to be construed as excluding from its and the defense during the pre-trial conference in the Trial
effects all those not expressly mentioned. Expressio unius est Court. At the hearing of August 23, 1985, only the prosecution
exclusio alterius. Anything that is not included in the presented its evidence. At the subsequent hearing on
enumeration is excluded therefrom and a meaning that does September 17, 1985, petitioner-appellant waived the right to
not appear nor is intended or reflected in the very language of present evidence and, in lieu thereof, submitted a
the statute cannot be placed therein. The rule proceeds from Memorandum confirming the Stipulation of Facts. The Trial
the premise that the legislature would not have made specific Court convicted petitioner-appellant.
enumerations in a statute if it had the intention not to restrict
its meaning and confine its terms to those expressly On appeal, respondent Appellate Court upheld the Stipulation
mentioned. of Facts and affirmed the judgment of conviction. Hence, this
recourse, with petitioner-appellant contending that the
The rule of expressio unius est exclusio alterius is a canon of Honorable Respondent Court of Appeals erred in the decision
restrictive interpretation. Its application in this case is of the Regional Trial Court convicting the petitioner of the
consistent with the construction of tax exemptions offense charged, despite the cold fact that the basis of the
in strictissimi juris against the taxpayer. To allow SPMC’s conviction was based solely on the stipulation of facts made
claim for tax exemption will violate these established during the pre-trial on August 8, 1985, which was not signed
principles and unduly derogate sovereign authority. by the petitioner, nor by his counsel. In Sec.4 of the Rules on
Criminal Procedures:

Associated Words (Noscitur Sociis) SEC. 4. Pre-trial agreements must be signed. — No

 Explain and limit each other. agreement or admission made or entered during the pre-trial
 When a word used in a statute is ambiguous or vague, conference shall be used in evidence against the accused
its meaning may be clear and specific by considering
unless reduced to writing and signed by him and his counsel.
the company in which it is found and the meaning of
the terms which are associated with it. (Rule 118) [Emphasis supplied]
 The meaning of a doubtful word or phrase may be
ascertained by reference to the meaning of other Having been effective since January 01, 1985, the above rule
words or phrases with which it is associated and that, is applicable.
where several things are referred to, they are
presumed to be of the same class when connected by ISSUE:

17
MAKASIAR Notes
 STATUTORY CONSTRUCTION REVIEWER
Whether or not the omission of the signature of the accused Courts of First Instance shall decide such appealed cases on
and his counsel, as mandatorily required by the Rules, renders the basis of the evidence and records transmitted from the city
the Stipulation of Facts inadmissible in evidence. or municipal courts: Provided, That the parties may
submit memoranda and/or brief with oral argument if so
HELD: requested … . (Emphasis supplied).

YES. Judgment of respondent Appellate Court is REVERSED A decision was rendered by said Court which decision was
and this case is hereby ordered RE-OPENED and appealed by the petitioner to the respondent Court. The
REMANDED to the appropriate Branch of the Regional Trial respondent Judge dismissed petition on August 4, 1971 upon
Court of Lucena City, for further reception of evidence. failure of defendant–appellant to prosecute her appeal, with
costs against her. Petitioner filed her memorandum. The
RATIO: respondent Court denied the motion for reconsideration on
October 30, 1971. Petitioner filed a motion for leave to file
By its very language, the Rule is mandatory. Under the rule of second motion for reconsideration which was likewise denied
statutory construction, negative words and phrases are to be by the respondent court on March 15, 1972.
regarded as mandatory while those in the affirmative are
merely directory (McGee vs. Republic, 94 Phil. 820 [1954]). ISSUE:
The use of the term “shall” further emphasizes its mandatory
character and means that it is imperative, operating to impose Whether or not, in the light of the provisions of the second
a duty which may be enforced (Bersabal vs. Salvador, No. L- paragraph of Section 45 of Republic Act No. 296, as amended
35910, July 21, 1978, 84 SCRA 176). And more importantly, by R.A. No. 6031, the mere failure of an appellant to submit
penal statutes whether substantive and remedial or procedural on time the memorandum mentioned in the same paragraph
are, by consecrated rule, to be strictly applied against the would empower the Court of First Instance to dismiss the
government and liberally in favor of the accused (People vs.
Terrado No. L-23625, November 25, 1983, 125 SCRA 648). appeal on the ground of failure to Prosecute.

HELD:
The use of the word “may” and “shall” in the statute
NO. The challenged orders of Respondent Judge dated August
“Use of word “may” in the statute generally connotes
4, 1971, October 30, 1971, and March 15, 1972 are set aside
permissible thing while the word ‘shall’ is imperative”
Bersabal V. Salvador as null and void.
GR. L-35910
July 21, 1978 RATIO:

Ponente: MAKASIAR, J. The above cited provision is clear and leaves no room for
doubt. It cannot be interpreted otherwise than that the
FACTS: submission of memoranda is optional on the part of the
parties. Being optional on the part of the parties, the latter may
[P]etitioner Purita Bersabal seeks to annul the orders of so choose to waive submission of the memoranda. And as a
respondent Judge and to compel said respondent Judge to logical concomitant of the choice given to the Parties, the
decide petitioner’s perfected appeal on the basis of the Court cannot dismiss the appeal of the party waiving the
evidence and records of the case submitted by the City Court submission of said memorandum the appellant so chooses not
of Caloocan City plus the memorandum already submitted by to submit the memorandum, the Court of First Instance is left
the petitioner and respondents. The second paragraph of with no alternative but to decide the case on the basis of the
Section 45 of R.A. No. 296, otherwise known as the evidence and records transmitted from the city or municipal
Philippine Judiciary Act of 1948, as amended by R.A. No. courts. In other words, the Court is not empowered by law to
6031 provides, in part, as follows: dismiss the appeal on the mere failure of an appellant to
submit his memorandum, but rather it is the Court’s

18
MAKASIAR Notes
 STATUTORY CONSTRUCTION REVIEWER
mandatory duty to decide the case on the basis of the available The South Association appealed to the Appeals Board of the
evidence and records transmitted to it. HIGC but was dismissed for lack of merit. Rebuffed, the
South Association in turn appealed to the Court of Appeals,
As a general rule, the word “may” when used in a statute is but it simply reiterated HIGC’s ruling.
permissive only and operates to confer discretion; while the
word “shall” is imperative, operating to impose a duty which
may be enforced (Dizon vs. Encarnacion, L-18615, Dec. 24,
1963, 9 SCRA 714, 716-717). The implication is that the ISSUE:
Court is left with no choice but to decide the appealed case
either on the basis of the evidence and records transmitted to Whether or not the failure of a corporation to file its by-laws
it, or on the basis of the latter plus memoranda and/or brief within one month from the date of its incorporation, as
with oral argument duly submitted and/or made on request. mandated by Section 46 of the Corporation Code, result in its
automatic dissolution.

HELD:
Use of the Word “Must”
NO. Petition DENIED. Decision of the Court of Appeals
“The word “must” in a statute like “shall” is not always AFFIRMED.
imperative and may be consistent with an exercise
discretion.” RATIO:
LGVHAI V. Court of Appeals
GR. 117188
Aug. 7 1997 [U]nder the principle that the best interpreter of a statute is the
Ponente: ROMERO, J. statute itself (optima statuli interpretatix est ipsum
FACTS: statutum), Section 46 of the Corporation Code reveals the
legislative intent to attach a directory, and not mandatory,
[T]his is a petition for review on certiorari of the Decision of meaning for the word “must” in the first sentence thereof.
the Court of Appeals affirming the decision of the Home Note should be taken of the second paragraph of the law
Insurance and Guaranty Corporation (HIGC). This quasi- which allows the filing of the by-laws even prior to
judicial body recognized Loyola Grand Villas Homeowners incorporation. This provision in the same section of the Code
Association (LGVHA) as the sole homeowners’ association in rules out mandatory compliance with the requirement of filing
Loyola Grand Villas, a duly registered subdivision in Quezon the by-laws “within one (1) month after receipt of official
City and Marikina City that was owned and developed by notice of the issuance of its certificate of incorporation by the
Solid Homes, Inc. For unknown reasons, however, LGVHAI Securities and Exchange Commission.” It necessarily follows
did not file its corporate by-laws. LGVHAI was informed by that failure to file the by-laws within that period does not
HIGC that they had been automatically dissolved. LGVHAI imply the “demise” of the corporation. By-laws may be
lodged a complaint with the HIGC. They questioned the necessary for the “government” of the corporation but these
revocation of LGVHAI’s certificate of registration without due are subordinate to the articles of incorporation as well as to the
notice and hearing and concomitantly prayed for the Corporation Code and related statutes.
cancellation of the certificates of registration of the North and
South Associations by reason of the earlier issuance of a [I]f the languages of a statute considered as a whole and with
certificate of registration in favor of LGVHAI. After due due regard to its nature and object reveals that the legislature
notice and hearing, private respondents obtained a favorable intended to use the words “shall” and “must” to be directory,
ruling from HIGC recognizing them as the duly registered and they should be given that meaning.
existing homeowners association for Loyola Grand Villas
homeowners and declaring the Certificates of Registration of
Loyola Grand Villas Homeowners (North) Association, Inc. “The use of the word “may” clearly shows it is directory in
and Loyola Grand Villas Homeowners (South) Association, nature and not mandatory.”
Inc. as hereby revoked or cancelled. Ombudsman Vs. De Sahagun Digest
GR. 167982, August 13, 2008
19
MAKASIAR Notes
 STATUTORY CONSTRUCTION REVIEWER
Issue: character, is not plausible. It is not supported by jurisprudence on
Whether or not Section 20 (5) of R.A. No. 6770 prohibits statutory construction.
administrative investigation in cases filed more than one year
Administrative Order No. 17, which amended Administrative Order
after commission.
No. 07, otherwise known as the Rules of Procedure of the Office of the
Held: Ombudsman. Section 4, Rule III of the amended Rules of Procedure
Well-entrenched is the rule that administrative offenses do not of the Office of the Ombudsman reads:
prescribe. Administrative offenses by their very nature pertain to the
character of public officers and employees. In disciplining public Section 4. Evaluation. - Upon receipt of the complaint, the same shall
officers and employees, the object sought is not the punishment of the be evaluated to determine whether the same may be:
officer or employee but the improvement of the public service and the a) dismissed outright for any grounds stated under Section
20 of Republic Act No. 6770, provided, however, that the
preservation of the public’s faith and confidence in our government.
dismissal thereof is not mandatory and shall be
discretionary on the part of the Ombudsman or the
Respondents insist that Section 20 (5) of R.A. No. 6770, to wit: Deputy Ombudsman concerned;
SEC. 20. Exceptions. – The Office of the Ombudsman may not
conduct the necessary investigation of any administrative act or It is, therefore, discretionary upon the Ombudsman whether
omission complained of if it believes that: or not to conduct an investigation of a complaint even if it
xxx was filed after one year from the occurrence of the act or
(5) The complaint was filed after one year from the occurrence of the omission complained of.
act or omission complained of. (Emphasis supplied)
The Use of the Term “And” and the Word “Or”
proscribes the investigation of any administrative act or omission if the
“And” means conjunction connecting words or phrases
complaint was filed after one year from the occurrence of the
expressing the idea that the latter is to be added or taken along
complained act or omission.
with the first.
In Melchor v. Gironella the Court held that the period stated in Section
20(5) of R.A. No. 6770 does not refer to the prescription of the offense  It basic in legal hermeneutics that the word “and” is
but to the discretion given to the Ombudsman on whether it would not meant to separate words but is a conjunction used
investigate a particular administrative offense. The use of the word to a joinder or union.
“may” in the provision is construed as permissive and operating to “Or” is a disjunctive particle used to express as alternative or
confer discretion. Where the words of a statute are clear, plain and free to give a choice of one among two or more things. It is also
from ambiguity, they must be given their literal meaning and applied used to clarify what has already been said, and in such cases,
without attempted interpretation. means “in other words,” “to wit,” or “that is to say.”
In Filipino v. Macabuhay: the Court interpreted Section 20 (5) of R.A.  The word “or” is to be used as a function word to
No. 6770 in this manner: indicate an alternative between different or unlike
things.
Petitioner argues that based on the abovementioned provision [Section
20(5) of RA 6770)], respondent's complaint is barred by prescription “The word “only” means exclusive”
considering that it was filed more than one year after the alleged Roos Industrial Construction Vs. NLRC Roos Industrial
commission of the acts complained of. Petitioner's argument is without Construction Vs. NLRCRoss Industrial Construction Vs.
merit. NLRC
G.R. No. 172409, February 4, 2008
The use of the word "may" clearly shows that it is directory in nature Facts:
and not mandatory as petitioner contends. When used in a statute, it is On 9 April 2002, private respondent Jose Martillos
permissive only and operates to confer discretion; while the word (respondent) filed a complaint against petitioners for illegal
"shall" is imperative, operating to impose a duty which may be dismissal and money claims such as the payment of separation
enforced. Applying Section 20(5), therefore, it is discretionary upon pay in lieu of reinstatement plus full backwages, service
the Ombudsman whether or not to conduct an investigation on a incentive leave, 13th month pay, litigation expenses,
complaint even if it was filed after one year from the occurrence of underpayment of holiday pay and other equitable reliefs
the act or omission complained of. In fine, the complaint is not before the National Capital Arbitration Branch of the National
barred by prescription. (Emphasis supplied) Labor Relations Commission (NLRC), docketed as NLRC
NCR South Sector Case No. 30-04-01856-02.
The declaration of the CA in its assailed decision that while as a general The Labor Arbiter ruled that respondent had been illegally
rule the word “may” is directory, the negative phrase “may not” is dismissed after finding that he had acquired the status of a
mandatory in tenor; that a directory word, when qualified by the word regular employee as he was hired as a driver with little
“not,” becomes prohibitory and therefore becomes mandatory in
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MAKASIAR Notes
 STATUTORY CONSTRUCTION REVIEWER
interruption from one project to another, a task which is The Court reiterates the settled rule that an appeal from the
necessary to the usual trade of his employer. decision of the Labor Arbiter involving a monetary award is
only deemed perfected upon the posting of a cash or surety
Petitioners received a copy of the Labor Arbiter’s decision on bond within ten (10) days from such decision. Article 223 of
17 December 2003. On 29 December 2003, the last day of the the Labor Code states:
reglementary period for perfecting an appeal, petitioners filed
a Memorandum of Appeal before the NLRC and paid the ART. 223. Appeal.—Decisions, awards or orders of the Labor
appeal fee. However, instead of posting the required cash or Arbiter are final and executory unless appealed to the
surety bond within the reglementary period, petitioners filed a Commission by any or both parties within ten (10) calendar
Motion for Extension of Time to Submit/Post Surety Bond. days from receipt of such decisions, awards, or orders. …
Petitioners stated that they could not post and submit the In case of a judgment involving a monetary award, an appeal
required surety bond as the signatories to the bond were on by the employer may be perfected only upon the posting of a
leave during the holiday season, and made a commitment to cash or surety bond issued by a reputable bonding company
post and submit the surety bond on or before 6 January 2004. duly accredited by the Commission in the amount equivalent
The NLRC did not act on the motion. Thereafter, on 6 January to the monetary award in the judgment appealed from.
2004, petitioners filed a surety bond equivalent to the award of
the Labor Arbiter. Contrary to petitioners’ assertion, the appeal bond is not
merely procedural but jurisdictional. Without said bond, the
In a Resolution dated July 29, 2004, the Second Division of NLRC does not acquire jurisdiction over the appeal. Indeed,
the NLRC dismissed petitioners’ appeal for lack of non-compliance with such legal requirements is fatal and has
jurisdiction. The NLRC stressed that the bond is an the effect of rendering the judgment final and executor. It must
indispensable requisite for the perfection of an appeal by the be stressed that there is no inherent right to an appeal in a
employer and that the perfection of an appeal within the labor case, as it arises solely from the grant of statute.
reglementary period and in the manner prescribed by law is
mandatory and jurisdictional. In addition, the NLRC restated Evidently, the NLRC did not acquire jurisdiction over
that its Rules of Procedure proscribes the filing of any motion petitioners’ appeal within the ten (10)-day reglementary period
for extension of the period within which to perfect an appeal. to perfect the appeal as the appeal bond was filed eight (8)
The NLRC summed up that considering that petitioners’ days after the last day thereof. Thus, the Court cannot ascribe
appeal had not been perfected, it had no jurisdiction to act on grave abuse of discretion to the NLRC or error to the Court of
said appeal and the assailed decision, as a consequence, has Appeals in refusing to take cognizance of petitioners’ belated
become final and executor. The NLRC likewise denied appeal.
petitioners’ Motion for Reconsideration for lack of merit in
another Resolution. On 11 November 2004, the NLRC issued While indeed the Court has relaxed the application of this
an entry of judgment declaring its resolution final and requirement in cases where the failure to comply with the
executory as of 9 October 2004. On respondent’s motion, the requirement was justified or where there was substantial
Labor Arbiter ordered that the writ of execution be issued to compliance with the rules. the overpowering legislative intent
enforce the award. On 26 January 2005, a writ of execution of Article 223 remains to be for a strict application of the
was issued. appeal bond requirement as a requisite for the perfection of an
appeal and as a burden imposed on the employer. As the Court
Petitioners elevated the dismissal of their appeal to the Court held in the case of Borja Estate v. Ballad:
of Appeals by way of a special civil action of certiorari. They
argued that the filing of the appeal bond evinced their The intention of the lawmakers to make the bond an
willingness to comply and was in fact substantial compliance indispensable requisite for the perfection of an appeal by the
with the Rules. They likewise maintained that the NLRC employer is underscored by the provision that an appeal may
gravely abused its discretion in failing to consider the be perfected “only upon the posting of a cash or surety bond.”
meritorious grounds for their motion for extension of time to The word “only” makes it perfectly clear that the
file the appeal bond. Lastly, petitioners contended that the LAWMAKERS intended the posting of a cash or surety bond
NLRC gravely erred in issuing an entry of judgment as the by the employer to be the exclusive means by which an
assailed resolution is still open for review. On 12 January employer’s appeal may be considered completed. The law
2006, the Court of Appeals affirmed the challenged resolution however does not require its outright payment, but only the
of the NLRC. Hence, the instant petition. posting of a bond to ensure that the award will be eventually
Issue: paid should the appeal fail. What petitioners have to pay is a
Whether or not the motion for extension of time to file cash or moderate and reasonable sum for the premium of such bond.
surety bond before the NLRC toll the reglementary period to
appeal.
Held:
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MAKASIAR Notes
 STATUTORY CONSTRUCTION REVIEWER
Computation of Time WHEREFORE, the petitions for certiorari and intervention are hereby
When the laws speak of years, months, days or nights, it shall dismissed and the decision of the Court of Appeals is hereby affirmed in
be understood that years are of three hundred sixty five days toto.
each; months of thirty days; days of twenty –four hours; and
nights from sunset to sunrise. Function of the Proviso
If months are designated by their name, they shall be Proviso is a clause or part of a clause in the statute, the office
computed by the number of days which they respectively of which is either to except something from the enacting
have. clause, or to qualify or restrain its generality, or to exclude
In computing a period, the first day shall be excluded, and the some possible ground of misinterpretation of its extent.
last day included (Art. 13, New Civil Code).
“Provided” is the word used in introducing a proviso.
“A ‘week’ means a period of seven consecutive days without
regard to the day of the week on which it begins.” ALU-TUCP V. NLRC
PNB V. Court of Appeals GR. 109902
222 SCRA 134 Aug. 2, 1994
May 17 1993 Ponente: FELICIANO, J.
Facts:
Two parcels of land under the common names of the FACTS:
respondent Epifanio dela Cruz, his brother and sister were mortgaged to the
Petitioner Philippine National Bank. The lots were mortgaged to guarantee [P]etitioners, as employees of private respondent National
the by three promissory notes. The first two were not paid by the respondent.
Steel Corporation (NSC), filed separate complaints for unfair
The third is disputed by the respondent who claims that the correct date is
June 30, 1961; however, in the bank records, the note was really executed on labor practice, regularization and monetary benefits with the
June 30, 1958.PNB presented under Act No. 3135 a foreclosure petition of NLRC, Sub-Regional Arbitration Branch XII, Iligan City. The
the mortgaged lots. The lots were sold or auctioned off with PNB as the complaints were consolidated and after hearing, the Labor
highest bidder. AFinal Deed of Sale and a Certificate of Sale was executed Arbiter declared petitioners “regular project employees who
in favor of the petitioner. The final Deed of Sale was registered in Registry of shall continue their employment as such for as long as such
Property. Inasmuch as the respondent did not buy back the lots from PNB, [project] activity exists,” but entitled to the salary of a regular
PNB sold on the same in a "Deed of Conditional Sale". The Notices of Sale
employee pursuant to the provisions in the collective
of foreclosed properties were published on March 28, April 11 and April 12,
1969 in a newspaper. Respondent brought a complaint for the re bargaining agreement. It also ordered payment of salary
conveyance of the lands, which the petitioner allegedly unlawfully differentials.
foreclosed. The petitioner states on the other hand that the extrajudicial
foreclosure, consolidation of ownership, and subsequent sale were all The NLRC in its questioned resolutions modified the Labor
valid. The CFI rendered its Decision; the complaint against the Arbiter’s decision. It affirmed the Labor Arbiter’s holding that
petitioner was dismissed. Unsatisfied with the judgment, respondent
petitioners were project employees since they were hired to
interposed an appeal that the lower court erred in holding that here was a
valid compliance in regard to the required publication under Sec. 3 of Act. perform work in a specific undertaking — the Five Years
3135. Respondent court reversed the judgment appealed from by declaring Expansion Program, the completion of which had been
void, inter alia, the auction sale of the foreclosed pieces of realty, the final determined at the time of their engagement and which
deed of sale, and the consolidation of ownership. Hence, the petition with operation was not directly related to the business of steel
SC for certiorari and intervention. manufacturing. The NLRC, however, set aside the award to
Issue: petitioners of the same benefits enjoyed by regular employees
WON the required publication of The Notices of Sale on the foreclosed
for lack of legal and factual basis.
properties under Sec. 3 of Act 3135 was complied.
Ruling:
No. The first date falls on a Friday while the second and third dates are on a The law on the matter is Article 280 of the Labor Code, where
Friday and Saturday, respectively. Section 3 of Act No. 3135 requires that the the petitioners argue that they are “regular” employees of NSC
notice of auction sale shall be "published once a week for at least three because: (i) their jobs are “necessary, desirable and work-
consecutive weeks". Evidently, petitioner bank failed to comply with this related to private respondent’s main business, steel-making”;
legal requirement. The Supreme Court held that: The rule is that
and (ii) they have rendered service for six (6) or more years to
statutory provisions governing publication of notice of mortgage
foreclosure sales must be strictly complied with, and those even slight private respondent NSC.
deviations therefrom will invalidate the notice and render the sale at least
voidable. ISSUE:

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 STATUTORY CONSTRUCTION REVIEWER
Whether or not petitioners are considered “permanent FACTS:
employees” as opposed to being only “project employees” of
NSC. On 11 April 1988, private respondents, who were employees
of petitioner, aggrieved by management’s failure to attend to
HELD: their complaints concerning their working surroundings which
had become detrimental and hazardous, requested for a
NO. Petition for Certiorari dismissed for lack of merit. NLRC grievance conference. Private respondents lost no time in
Resolutions affirmed. filing a complaint for illegal dismissal against petitioner with
NLRC of NCR. After due trial, Aris (Phils.), Inc. is hereby
RATIO: ordered to reinstate within ten (10) days from receipt private
respondents to their former respective positions or any
Function of the proviso. Petitioners are not considered substantial equivalent positions if already filled up, without
“permanent employees”. However, contrary to petitioners’ loss of seniority right and privileges but with limited
apprehensions, the designation of named employees as backwages of six (6) months. Private respondents filed a
“project employees” and their assignment to a specific project Motion For Issuance of a Writ of Execution pursuant to
are effected and implemented in good faith, and not merely as Section 12 of R.A. No. 6715. Petitioner and complainants filed
a means of evading otherwise applicable requirements of labor their own Appeals.
laws.
Petitioner filed an Opposition to the motion for execution
On the claim that petitioners’ service to NSC of more than six alleging that Section 12 of R.A. No. 6715 on execution
(6) years should qualify them as “regular employees”, the pending appeal cannot be applied retroactively to cases
Supreme Court believed this claim is without legal basis. The pending at the time of its effectivity because it does not
simple fact that the employment of petitioners as project expressly provide that it shall be given retroactive effect and
employees had gone beyond one (1) year, does not detract to give retroactive effect to Section 12 thereof to pending
from, or legally dissolve, their status as “project cases would not only result in the imposition of an additional
employees”. The second paragraph of Article 280 of the Labor obligation on petitioner but would also dilute its right to
Code, quoted above, providing that an employee who has appeal since it would be burdened with the consequences of
served for at least one (1) year, shall be considered a regular reinstatement without the benefit of a final judgment.
employee, relates to casual employees, not to project
employees. ISSUE:

Chapter V – Presumption in Aid of Construction and Whether or not the provision under Section 12 of R.A. No.
interpretation 6715 is constitutional.
PRESUMPTIONS
In construing a doubtful or ambiguous statute, the Courts will HELD:
presume that it was the intention of the legislature to enact a
valid, sensible and just law, and one which should change the
prior law no further than may be necessary to effectuate the YES. Petition was dismissed for lack of merit. Costs against
specific purpose of the act in question. petitioners.
Presumption Against Unconstitutionality
 Laws are presumed constitutional. To justify RATIO:
nullification of law, there must be a clear and
unequivocal breach of the Constitution.
Presumption against unconstitutionality. The validity of the
 The theory is that, as the joint act of the legislative
questioned law is not only supported and sustained by the
and executive authorities, a law is supposed to have
been carefully studied and determined to be foregoing considerations. As contended by the Solicitor
constitutional before it was finally enacted. General, it is a valid exercise of the police power of the State.
Aris INC Vs. NLRC Certainly, if the right of an employer to freely discharge his
GR. 90501, August 5,1991 employees is subject to regulation by the State, basically in the
Ponente: DAVIDE, JR., J. exercise of its permanent police power on the theory that the

23
MAKASIAR Notes
 STATUTORY CONSTRUCTION REVIEWER
preservation of the lives of the citizens is a basic duty of the facilities (including Jai-Alai) by local governments. ADC
State, that is more vital than the preservation of corporate assails the constitutionality of P.D. No. 771.
profits. Then, by and pursuant to the same power, the State ISSUE:
Whether or not P.D. No. 771 is violative of the equal
may authorize an immediate implementation, pending appeal,
protection and non-impairment clauses of the Constitution.
of a decision reinstating a dismissed or separated employee HELD:
since that saving act is designed to stop, although temporarily NO. P.D. No. 771 is valid and constitutional.
since the appeal may be decided in favor of the appellant, a RATIO:
continuing threat or danger to the survival or even the life of Presumption against unconstitutionality. There is nothing on
the dismissed or separated employee and its family. record to show or even suggest that PD No. 771 has been
repealed, altered or amended by any subsequent law or
presidential issuance (when the executive still exercised
Moreover, the questioned interim rules of the NLRC can
legislative powers).
validly be given retroactive effect. They are procedural or Neither can it be tenably stated that the issue of the continued
remedial in character, promulgated pursuant to the authority existence of ADC’s franchise by reason of the
vested upon it under Article 218(a) of the Labor Code of the unconstitutionality of PD No. 771 was settled in G.R. No.
Philippines, as amended. Settled is the rule that procedural 115044, for the decision of the Court’s First Division in said
laws may be given retroactive effect. There are no vested case, aside from not being final, cannot have the effect of
nullifying PD No. 771 as unconstitutional, since only the
rights in rules of procedure. A remedial statute may be made
Court En Banc has that power under Article VIII, Section 4(2)
applicable to cases pending at the time of its enactment. of the Constitution.
And on the question of whether or not the government
is estopped from contesting ADC’s possession of a valid
“All laws are presumed valid and constitutional until or franchise, the well-settled rule is that the State cannot be put in
unless otherwise ruled by the Court.” estoppel by the mistakes or errors, if any, of its officials or
Lim Vs. Pacquing agents. (Republic v. Intermediate Appellate Court, 209 SCRA
Ponente: PADILLA, J. 90)
FACTS:
The Charter of the City of Manila was enacted by Congress on
18 June 1949 (R.A. No. 409). “The burden of proving the invalidity of a law rests on those
 On 1 January 1951, Executive Order No. 392 was who challenge it.”
issued transferring the authority to regulate jai-alais Jovencio Lim and Teresita Lim Vs. People
from local government to the Games and GR. 149276, September 27, 2002
Amusements Board (GAB). Issue:
 On 07 September 1971, however, the Municipal The constitutionality of PD 818, a decree which amended
Board of Manila nonetheless passed Ordinance No. Article 315 of the RPC by increasing the penalties for Estafa
7065 entitled “An Ordinance Authorizing the Mayor committed by means of bouncing checks, is being challenged
To Allow And Permit The Associated Development
in this petition for certiorari, for being violative of the due
Corporation To Establish, Maintain And Operate A
Jai-Alai In The City Of Manila, Under Certain Terms process clause the right to bail and the provision against cruel,
And Conditions And For Other Purposes.” degrading or inhuman punishment enshrined under the
 On 20 August 1975, Presidential Decree No. 771 was constitution.
issued by then President Marcos. The decree, entitled Held:
“Revoking All Powers and Authority of Local When a law is questioned before the Court, the presumption is
Government(s) To Grant Franchise, License or in favor of its constitutionality. justify its nullification, there
Permit And Regulate Wagers Or Betting By The must be a clear and unmistakable breach of the Constitution,
Public On Horse And Dog Races, Jai-Alai Or Basque
not a doubtful and argumentative one. The burden of proving
Pelota, And Other Forms Of Gambling”, in Section 3
thereof, expressly revoked all existing franchises and the invalidity of a law rests on those who challenge it. In this
permits issued by local governments. case, petitioners failed to present clear and convincing proof to
In May 1988, Associated Development Corporation (ADC) defeat the presumption of constitutionality of PD 818.
tried to operate a Jai-Alai. The government through Games
and Amusement Board intervened and invoked Presidential
Decree No. 771 which expressly revoked all existing
franchises and permits to operate all forms of gambling

24
MAKASIAR Notes
 STATUTORY CONSTRUCTION REVIEWER
court, legislative body, government agency or any
Presumption Against Injustice. administrative body whatsoever, is applicable to a foreign
 The law should never be interpreted in such a way as transient, injustice would result especially to a citizen
to cause injustice as this never within the legislative aggrieved by a foreign guest like accused Greg Bartelli. This
intent. would negate Article 10 of the New Civil Code which
 We interpret and apply the law in consonance with provides that “in case of doubt in the interpretation or
justice. application of laws, it is presumed that the lawmaking body
 The law and justice is inseparable, and we must keep intended right and justice to prevail.
them so. “Ninguno non deue enriquecerse tortizeramente con dano
de otro.” Simply stated, when the statute is silent or
 Judges do not and must not unfeelingly apply the law
ambiguous, this is one of those fundamental solutions that
as it is worded, yielding like robots to the literal
would respond to the vehement urge of conscience. It would
command without regard to its cause and
be unthinkable, that the questioned Section 113 of Central
consequence.
Bank No. 960 would be used as a device by accused Greg
“In case of doubt in the interpretation or application of laws, Bartelli for wrongdoing, and in so doing, acquitting the guilty
it is presumed that the lawmaking body intended right and at the expense of the innocent.
justice to prevail.” Call it what it may — but is there no conflict of legal policy
Salvacion Vs. Central Bank of the Philippines here? Dollar against Peso? Upholding the final and executory
judgment of the lower court against the Central Bank Circular
Ponente: TORRES, JR.
protecting the foreign depositor? Shielding or protecting the
FACTS:
dollar deposit of a transient alien depositor against injustice to
Respondent Greg Bartelli y Northcott, an American tourist,
a national and victim of a crime? This situation calls for
coaxed and lured the 12-year old petitioner Karen Salvacion to
fairness against legal tyranny.
go with him in his apartment where the former repeatedly
raped latter. After the rescue, policemen recovered dollar and
“A law should not be interpreted so as to cause an injustice.”
peso checks including a foreign currency deposit from China
Alonzo Vs. IAC
Banking Corporation (CBC). Writ of preliminary attachment
and hold departure order were issued. Notice of Garnishment Ponente: CRUZ
was served by the Deputy Sheriff to CBC which later invoked FACTS:
R.A. No. 1405 as its answer to it. Deputy Sheriff sent his reply Five brothers and sisters inherited in equal pro indiviso shares
to CBC saying that the garnishment did not violate the secrecy a parcel of land registered in ‘the name of their deceased
of bank deposits since the disclosure is merely incidental to a parents. One of them transferred his undivided share by way
garnishment properly and legally made by virtue of a court of absolute sale. A year later, his sister sold her share in a
order which has placed the subject deposits in custodia “Con Pacto de Retro Sale”. By virtue of such agreements, the
legis. CBC replied and invoked Section 113 of Central Bank petitioners occupied, after the said sales, an area
Circular No. 960 to the effect that the dollar deposits of Greg corresponding to two-fifths of the said lot, representing the
Bartelli are exempt from attachment, garnishment, or any portions sold to them. The vendees subsequently enclosed the
other order or process of any court, legislative body, same with a fence. with their consent, their son Eduardo
government agency or any administrative body, Alonzo and his wife built a semi-concrete house on a part of
whatsoever. Central Bank of the Philippines affirmed the the enclosed area.
defense of CBC. One of the five coheirs sought to redeem the area sold to
ISSUE: petitioners but was dismissed when it appeared that he was an
Whether or not Sec. 113 of Central Bank Circular 960 and American citizen. Another coheir filed her own complaint
Sec. 8 of RA 6426 amended by PD 1246 otherwise known as invoking the same right of redemption of her brother. Trial
the “Foreign Currency Deposit Act” be made applicable to a court dismissed the complaint, on the ground that the right had
foreign transient. lapsed, not having been exercised within thirty days from
HELD: notice of the sales. Although there was no written notice, it
NO. The provisions of Section 113 of CB Circular No. 960 was held that actual knowledge of the sales by the co-heirs
and PD No. 1246, insofar as it amends Section 8 of R.A. No. satisfied the requirement of the law. Respondent court
6426 are hereby held to be INAPPLICABLE to this case reversed the decision of the Trial Court.
because of its peculiar circumstances. ISSUE:
RATIO: Whether or not actual knowledge satisfied the requirement of
[T]he application of the law depends on the extent of its Art. 1088 of the New Civil Code.
justice. Eventually, if we rule that the questioned Section 113 HELD:
of Central Bank Circular No. 960 which exempts from YES. Decision of respondent court was reversed and that of
attachment, garnishment, or any other order or process of any trial court reinstated.
RATIO:
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MAKASIAR Notes
 STATUTORY CONSTRUCTION REVIEWER
The co-heirs in this case were undeniably informed of the RATIO:
sales although no notice in writing was given them. And there The first sentence of Section 68 merely provides that an
is no doubt either that the 30-day period began and ended “appeal shall not prevent a decision from becoming final or
during the 14 years between the sales in question and the filing executory.” As worded, there is room to construe said
of the complaint for redemption in 1977, without the co-heirs provision as giving discretion to the reviewing officials to stay
exercising their right of redemption. These are the the execution of the appealed decision. There is nothing to
justifications for this exception. infer therefrom that the reviewing officials are deprived of the
While [courts] may not read into the law a purpose that is not authority to order a stay of the appealed order. If the intention
there, [courts] nevertheless have the right to read out of it the of Congress was to repeal Section 6 of Administrative Order
reason for its enactment. In doing so, [courts] defer not to “the No. 18, it could have used more direct language expressive of
letter that killeth” but to “the spirit that vivifieth,” to give such intention.
effect to the law maker’s will. An implied repeal predicates the intended repeal upon the
condition that a substantial conflict must be found between the
Presumption Against Implied Repeals. new and prior laws. In the absence of an express repeal, a
 The two laws must be absolutely incompatible, and subsequent law cannot be construed as repealing a prior law
clear finding thereof must surface, before the unless an irreconcible inconsistency and repugnancy exists in
inference of implied repeal may be drawn. the terms of the new and old laws.
 Interpretare et concordare leqibus est optimus
interpretendi Presumption Against Ineffectiveness.
 Every statute must be so interpreted and brought into  It is presumed that the legislature intends to impart to
accord with the other laws as to form a uniform its enactments such a meaning as will render them
system of jurisprudence. operative and effective, and to prevent persons from
 In order to effect a repeal by implication, the latter eluding or defeating them.
statute must be so irreconcilably inconsistent and  In case of any doubts or obscurity, the construction
repugnant with the existing law that they cannot be will be such as to carry out those objects.
made to reconcile and stand together.
“In the interpretation of a statute, the Court should start
“In the absence of an express repeal, a subsequent law with the assumption that the legislature intended to enact an
cannot be construed as repealing a prior law unless an effective statute.”
irreconcilable inconsistency and repugnancy exists in terms Paras Vs. COMELEC
of the new and old laws.” Ponente: FRANCISCO
Berces Vs. Guingona FACTS:
Ponente: QUIASON Petitioner was the incumbent Punong Barangay who won
FACTS: during the last regular barangay election. A petition for his
Petitioner filed with the Sangguniang Panlalawigan two recall as Punong Barangay was filed by the registered voters
administrative cases against respondent incumbent Mayor and of the barangay. At least 29.30% of the registered voters
obtained favorable decision suspending the latter. Respondent signed the petition, well above the 25% requirement provided
Mayor appealed to the Office of the President questioning the by law. Acting on the petition for recall, public respondent
decision and at the same time prayed for the stay of execution Commission on Elections (COMELEC) resolved to approve
in accordance with Sec. 67(b) of the Local Government Code the petition and set recall election date. To prevent the holding
(LGC). The Office of the President thru the Executive of recall election, petitioner filed before the Regional Trial
Secretary directed “stay of execution”. Petitioner filed a Court a petition for injunction which was later dismissed.
Motion for Reconsideration but was dismissed. Petitioner Petitioner filed petition for certiorari with urgent prayer for
filed a petition for certiorari and prohibition under Rule 65 of injunction, insisting that the recall election is barred by the
the Revised Rules of Court with prayer for mandatory Sangguniang Kabataan (SK) election under Sec. 74(b) of
preliminary injunction, assailing the Orders of the Office of Local Government Code (LGC) which states that “no recall
the President as having been issued with grave abuses of shall take place within one (1) year from the date of the
discretion. Petitioner argued that Sec. 68 of LGC (1991) official’s assumption to office or one (1) year immediately
impliedly repealed Section 6 of Administrative Order No. 18 preceding a regular local election“.
(1987). ISSUE:
ISSUE: Whether or not the prohibition on Sec.74(b) of the LGC may
Whether or not Sec. 68 of R.A. No. 7160 repealed Sec. 6 of refer to SK elections, where the recall election is for Barangay
Administrative Order No. 18. post.
HELD: HELD:
NO. Petition was dismissed. “Stay of execution” applied.

26
MAKASIAR Notes
 STATUTORY CONSTRUCTION REVIEWER
NO. But petition was dismissed for having become moot and it should not have been required to pay interest on the total
academic. amount of the deficiency tax, P367,994.00, but only on the
RATIO: amount of P146,961.00—representing the difference between
Recall election is potentially disruptive of the normal working said deficiency, P367,994.00, and ESSOs earlier overpayment
of the local government unit necessitating additional expenses, of P221,033.00 (for which it had been granted a tax credit).
hence the prohibition against the conduct of recall election one ESSO thus asked for a refund. The Internal Revenue
year immediately preceding the regular local election. The Commissioner denied the claim for refund. ESSO appealed to
proscription is due to the proximity of the next regular election the Court of Tax Appeals which ordered payment to ESSO of
for the office of the local elective official concerned. The its refund-claim representing overpaid interest.
electorate could choose the official’s replacement in the said The Commissioner argued the tax credit of P221,033.00 was
election who certainly has a longer tenure in office than a approved only on year 1964, it could not be availed of in
successor elected through a recall election. reduction of ESSOs earlier tax deficiency for the year 1960; as
It would, therefore, be more in keeping with the intent of the of that year, 1960, there was as yet no tax credit to speak of,
recall provision of the Code to construe regular local election which would reduce the deficiency tax liability for 1960. In
as one referring to an election where the office held by the support of his position, the Commissioner invokes the
local elective official sought to be recalled will be contested provisions of Section 51 of the Tax Code.
and be filled by the electorate. ISSUE:
By the time of judgment, recall was no longer possible Whether or not the interest on delinquency should be applied
because of the limitation stated under the same Section 74(b) on the full tax deficiency of P367,994.00 despite the existence
now referred to as Barangay Elections. of overpayment in the amount of P221,033.00.
HELD:
CONCURRING OPINION: NO. Petition was denied. Decision of CTA was affirmed.
DAVIDE: RATIO:
A regular election, whether national or local, can only refer to The fact is that, as respondent Court of Tax Appeals has
an election participated in by those who possess the right of stressed, as early as 1960, the Government already had in its
suffrage, are not otherwise disqualified by law, and who are hands the sum of P221,033.00 representing excess payment.
registered voters. One of the requirements for the exercise of Having been paid and received by mistake, as petitioner
suffrage under Section 1, Article V of the Constitution is that Commissioner subsequently acknowledged, that sum
the person must be at least 18 years of age, and one requisite unquestionably belonged to ESSO, and the Government had
before he can vote is that he be a registered voter pursuant to the obligation to return it to ESSO That acknowledgment of
the rules on registration prescribed in the Omnibus Election the erroneous payment came some four (4) years afterwards in
Code (Section 113-118). nowise negates or detracts from its actuality. The obligation to
Under the law, the SK includes the youth with ages ranging return money mistakenly paid arises from the moment that
from 15 to 21 (Sec. 424, Local Government Code of 1991). payment is made, and not from the time that the payee admits
Accordingly, they include many who are not qualified to vote the obligation to reimburse.The obligation to return money
in a regular election, viz., those from ages 15 to less than 18. mistakenly paid arises from the moment that payment is made,
In no manner then may SK elections be considered a regular and not from the time that the payee admits the obligation to
election (whether national or local). reimburse. The obligation of the payee to reimburse an amount
paid to him results from the mistake, not from the payee’s
Presumption Against Absurdity. confession of the mistake or recognition of the obligation to
“Statutes must receive a sensible construction such as will reimburse.
give effect to the legislative intention so as to avoid an unjust A literal interpretation is to be rejected if it would be unjust or
and absurd conclusion.” lead to absurd results. Statutes should receive a sensible
Commissioner of Internal Revenue Vs. Esso Standard construction, such as will give effect to the legislative
Ponente: NARVASA intention and so as to avoid an unjust or absurd conclusion.
FACTS:
Respondent overpaid its 1959 income tax by P221,033.00. It “Presumption against undesirable consequences were never
was granted a tax credit by the Commissioner accordingly on intended by a legislative measure.”
1964. However, ESSOs payment of its income tax for 1960 Ursua Vs. CA
was found to be short by P367,994.00. The Commissioner (of Ponente: BELLOSILO
Internal Revenue) wrote to ESSO demanding payment of the FACTS:
deficiency tax, together with interest thereon for the period Petitioner wrote the name “Oscar Perez” in the visitor’s
from 1961 to 1964. ESSO paid under protest the amount logbook and used the same in receiving the copy of a
alleged to be due, including the interest as reckoned by the complaint against him at the Office of the Ombudsman. This
Commissioner. It protested the computation of interest, was discovered and reported to the Deputy Ombudsman who
contending it was more than that properly due. It claimed that recommended that the petitioner be accordingly charged. Trial
27
MAKASIAR Notes
 STATUTORY CONSTRUCTION REVIEWER
Court found the petitioner guilty of violating Sec.1 of C.A. PENAL STATUTES
No. 142 as amended by R.A. No. 6085 otherwise known
as ”An Act to Regulate the Use of Aliases“. The Court of Penal laws are to be construed strictly against the state and in
Appeals affirmed the conviction with some modification of favor of the accused. Hence, in the interpretation of a penal
sentence. statute, the tendency is to subject it to careful scrutiny and to
ISSUE:
construe it with such strictness as to safeguard the right of the
Whether or not the use of alias in isolated transaction falls
within the prohibition of Commonwealth Act No. 142. accused.
HELD:
NO. The questioned decision of the Court of Appeals People v. Temporada
affirming that of the RTC was reversed and set aside and
petitioner was acquitted of the crime charged - Correct application of the indeterminate sentence law
RATIO: - The one favorable to the accused should be upheld
[A]n alias is a name or names used by a person or intended to - The rule penal statutes should be construed
be used by him publicly and habitually usually in business - Strict construction protects the individual against
transactions in addition to his real name by which he is
arbitrary discretion
registered at birth or baptized the first time or substitute name
authorized by a competent authority. A man’s name is simply
Rule on lenity
the sound or sounds by which he is commonly designated by
his fellows and by which they distinguish him but sometimes a
man is known by several different names and these are known - In constructing penal statutes, as between two
as aliases. Hence, the use of a fictitious name or a different reasonable but contradictory construction , the one
name belonging to another person in a single instance without more favorable should be upheld
any sign or indication that the user intends to be known by this
name in addition to his real name from that day forth does not Villasenor v. Sandigan Bayan
fall within the prohibition contained in C.A. No. 142 as
amended. This is so in the case at bench. - Preventive suspension was said to be sec. 13, of RA
Time and again [courts] have decreed that statutes are to be 3019 on preventive suspension is not penal but
construed in the light of the purposes to be achieved and the
procedural in nature
evils sought to be remedied. Thus in construing a statute the
- Procedural statutes are legally/liberally construed
reason for its enactment should be kept in mind and the statute
should be construed with reference to the intended scope and - Test to determine penal statutes: is there a penalty
purpose. The court may consider the spirit and reason of the that is injurious to the accuses
statute, where a literal meaning would lead to absurdity,
contradiction, injustice, or would defeat the clear purpose of If the statute is ambiguous and admits of two reasonable but
the lawmakers. contradictory constructions, that which operates in favor of a
While the act of petitioner may be covered by other provisions party accused under its provisions is to be preferred.
of law, such does not constitute an offense within the concept
of C.A. No. 142 as amended under which he is TAX LAWS
prosecuted. Moreover, as C.A. No. 142 is a penal statute, it Taxation is a destructive power which interferes with the
should be construed strictly against the State and in favor of
personal and property rights of the people and takes from them
the accused. The reason for this principle is the tenderness of
the law for the rights of individuals and the object is to a portion of their property for the support of the government.
establish a certain rule by conformity to which mankind would
be safe, and the discretion of the court limited. Accordingly, in case of doubt, tax statutes must be construed
strictly against the government and liberally in favor of the
Presumption Against Violation of International Law. taxpayer, for taxes, being burdens, are not to be presumed
Philippines as democratic and republican state adopts the beyond what the applicable statute expressly and clearly
generally accepted principles of international law as part of the declares.
law of the land and adheres to the policy of peace, equality,
justice, freedom, cooperation, and amity with all nations. (Art. Any claim for exemption from a tax statute is strictly
II, Sec. 2, 1987 Phil. Constitution).
construed against the taxpayer and liberally in favor of the
state.
CONSTRUCTION OF STATUTES

28
MAKASIAR Notes
 STATUTORY CONSTRUCTION REVIEWER
1. Tax exemption – should be liberally construed in - Failed to present the qualifications required under the
favor of the government and it’s agencies and strictly revised naturalization law
construed against the people
2. Tax exclusions – strictly construed against tax payer Velasco v. Republic
and in favor of the government
3. Deductions exclusions – strictly construed against tax - Failed to present the qualifications required under the
payer and in favor of the government revised naturalization law
4. Tax amnesty exclusions – strictly construed against - Went on cross examination
tax payer and in favor of the government
5. Prescriptive period for payment should be liberally INSURANCE LAW
construed in favor of the tax payers and strictly
construed against the government
Contracts of Insurance are to be construed liberally in favor of
Tax sales – the government may be sold for a creation the insured and strictly against the insurer. Thus, ambiguity in
for reasons of tax delinquency the words of an insurance contract should be interpreted in
favor of its beneficiary.
Republic flour mills v. CIR Alpha insurance v. Castor

- Tax deductions should be strictly construed against - The word damage is construed to protect malicious
tax payers laws
- The court applied the plain meaning rule - The terms of the policy are ambiguous – the policy
was construed in favor of the insured and against the
Serfino v. CA
insurance company
- The court held tax Fielmens Insurance v. Vda. De Songco
- The prescribed procedures should be followed
continuously - Common carrier liability insurance
- Private vehicle was the one involved in this case
People v. Castaneda
- The company was already estopped
- Tax amnesty case
Doctrine of estoppel
- The people were stopped from getting benefits of tax
amnesty -bar or impediment raised by the law, which precludes a man
Ministerial duty- they cannot refuse the payment from alleging or from denying a certain fact or state of facts,
in consequence of his previous allegation or denial or conduct
CIR v. CA
or admission, or in consequence of a final adjudication of the
matter in a court of law
- For the purpose of safeguarding tax payers, the law
on prescription should be strictly construed against LABOR AND SOCIAL LEGISLATIONS
the government Doubts in the interpretation of Workmen’s Compensation and
Labor Code should be resolved in favor of the worker. It
NATURALIZATION LAW
should be liberally construed to attain their laudable objective,
i.e., to give relief to the workman and/or his dependents in the
Naturalization laws should be rigidly enforced and strictly event that the former should die or sustain in an injury.
construed in favor of the government and against the
The sympathy of the law on social security is towards its
applicant.
beneficiaries and the law by its own terms, requires a
Republic v Ong construction of utmost liberality in their favor.

Villavert v. ECC

29
MAKASIAR Notes
 STATUTORY CONSTRUCTION REVIEWER
- Villavert died of a disease caused by duties he had Amora Jr. v. COMELEC
done on the job, under article 4 of the labor code , it
should be resolved in favor of the worker labor but it - Naturalization of the candidate
would not mean anti – management - Power to prescribe for elective office

Abella v. NLRC Loong v. COMELEC

- Determination of lease contract - SEC 2, Article 9 of the constitution , COMELEC has

- The exercise of police power can modify existing the power to institute a credible election
contracts - Manual count was not reasonable ;the will of the
- The working people is the paramount consideration , voters was honestly determined
art 4 of the labor code will apply - Revised election code- made to preserve the purity of
the elections
Vicente v. ECC
RULES OF COURT
- Conflicting findings of the nature of disability
- Court said that VMC , he is suffering permanent
disability Rule of court shall be liberally construed in order to promote
- Conflicting findings – permanent total or permanent their objective of securing a just, speedy and inexpensive
disposition of every action and proceeding.
partial – the court ruled in favor of the ailing man
- To release the sea farer is the company’s physician’s
- Sec 6 rule 1, rules of court – they should be liberally
duty to release the findings
construed in order to promote their objective of
- Referral to 3rd doctor is mandatory by NLRC
securing a just, speedy and inexpensive disposition of
every action and proceeding

RETIREMENT LAWS
Vette v. Cheng
Retirement laws are liberally interpreted in favor of the retiree
- If you did not observe that the rules of court then that
because the intention is to provide for the retiree’s sustenance
is just a piece of paper
and comfort, when he is no longer capable of earning his
- The adverse party was given 30 days for the motion
livelihood.
to appeal
GSIS v. De leon - The defect there is that they did not comply
- Be sure to observe rules in procedures
- RTC judges – 100k salary – if they retire , will they
still get the same PNB V. Deang Marketing

ELECTION RULES - PNB was negligent

- Motion for extension of time – the rule of time is
indispensable for the orderly discharge of business
Statute providing for election contests are to be liberally rule 1, section 6
construed to the end that the will of the people in the choice of
public officer may not be defeated by mere technical
objections.

30
MAKASIAR Notes