Midterms Flashcards
Antonio vs. COMELEC: Appeal Period in Barangay Election Contests
This case involved a dispute over the appeal period in a barangay election contest. The Supreme Court upheld the COMELEC’s dismissal of Antonio’s appeal, which was filed nine days after receiving the MTC decision, as the COMELEC Rules of Procedure provide for a five-day appeal period. While Antonio argued for a ten-day period based on R.A. 6679 and the Omnibus Election Code, the Court noted that the provision in these laws for appeal to the RTC in barangay election cases had already been declared unconstitutional. The Court reasoned that the period to appeal is dependent on the remedy itself, and since the appeal to the RTC was invalid, the associated ten-day period could not stand. The Court affirmed the COMELEC’s authority to promulgate its own rules of procedure under the Constitution, establishing a uniform five-day appeal period in election cases
Baguio Cadastral Case: Title of the law as an intrinsic aid
he Supreme Court in this case interpreted Republic Act 931 concerning the reopening of cadastral proceedings by heavily relying on intrinsic aids to statutory construction. Despite a seeming inconsistency between the title and the body of the Act regarding the timeframe for judicial decisions, the Court harmonized them by considering the title’s explicit language about decisions rendered within 40 years preceding the Act. The Court also examined the explanatory note of the bill, which indicated an intent to provide a remedy for claimants who missed the original proceedings. This analysis of the title and explanatory note helped the Court determine the legislative intent and conclude that R.A. 931 applied to the reopening petition in this case.
Bolos v. Bolos, Plain Meaning Rule in Philippine Marriage Law
In this case, the Supreme Court applied the plain-meaning rule of statutory construction. The Court held that A.M. No. 02-11-10-SC, by its clear and explicit language, applies only to petitions for declaration of absolute nullity or annulment of marriages under the Family Code. Because the marriage in question occurred before the Family Code’s effectivity, the rule did not apply, and interpretation was deemed unnecessary. The Court emphasized that when the law’s language is clear and unambiguous, it must be applied literally without interpretation, citing the maxims index animi sermo and verba legis non est recedendum.
Chong v. Senate: Validity of Automated Election System Advisory Bodies
The Supreme Court upheld the constitutionality of Sections 8, 9, 10, and 11 of R.A. No. 8436 as amended, which created the Advisory Council (AC) and the Technical Evaluation Committee (TEC) for the automated election system (AES). The Court heavily relied on the presumption of constitutionality afforded to every law and found that the petitioners failed to prove a clear breach of the Constitution. The Court reasoned that the functions of the AC and TEC are merely advisory and recommendatory, subject to the COMELEC’s approval and final decision, and do not encroach upon the COMELEC’s constitutional mandate to administer elections. The Court also noted that these bodies are temporary and intended to aid the COMELEC.
Customs vs. CTA: Legislative history as an extrinsic aid to construction.
The Supreme Court ruled that under the amended Section 2901 of the Tariff and Customs Code, berthing fees are only applicable to vessels berthing at national ports. The Court relied heavily on extrinsic aids to construction, particularly the legislative history showing the insertion of the word “national” through amendment, indicating a change in legislative intent. The Court also considered related legislation like Executive Order No. 72 classifying ports and administrative interpretations by the Bureau of Customs that did not classify the wharf in question as a national port. This use of extrinsic aids helped the Court determine the intended scope of the amended law.
De Guia v. COMELEC: Explanatory note as an intrinsic aid, also presumption AGAINST the meaninglessness of legislation.
The Supreme Court upheld the COMELEC’s interpretation of Section 3 of R.A. 7166 regarding the implementation of district apportionment for Sangguniang Bayan members in Metro Manila municipalities in the 1992 elections. The Court emphasized the presumption against meaninglessness of legislation, reasoning that the specific districting mandated for single-district provinces and Metro Manila municipalities implied immediate implementation. The Court also considered the legislative intent by referring to the explanatory note of a precursor bill, which aimed to reduce the number of positions to be voted for through districting. The Court sought a harmonious interpretation of the law to give effect to all its parts and avoid absurdities, aligning with the legislative objective.
Galvez v. CA: Definitions in the law as intrinsic aid for construction.
The Supreme Court reconsidered its earlier ruling and held that the petitioners should be charged with simple estafa, not syndicated estafa under P.D. No. 1689. The Court heavily relied on intrinsic aids within P.D. No. 1689, specifically Section 1, which defines syndicated estafa as involving the misappropriation of funds contributed by specific entities or solicited from the general public. The Court interpreted this to mean the law targets situations where a syndicate uses an association or corporation it manages to defraud the contributing public. Because the petitioners were external parties defrauding a commercial bank, the Court found that the elements of syndicated estafa under P.D. No. 1689 were not met.
Lacap Case: Plain Meaning Rule
The Supreme Court applied the plain meaning rule in interpreting Section 35 of R.A. No. 4566, the Contractor’s License Law. The Court noted that the law clearly does not declare contracts void if entered into by a contractor with an expired license but instead prescribes a fine. Therefore, the Court held that interpretation was unnecessary, and the law should be applied according to its clear terms, entitling the contractor to payment for the completed project. This aligns with the principle in Bolos v. Bolos that clear and unambiguous laws should be applied literally.
Macalinao v. Macalinao: Principle of Harmonizing Statutes
ustice Singh, in this case, invoked the principle of harmonizing statutes (interpretare et concordare legibus est optimus interpretandi) to interpret death benefits under the POEA Contract within the broader context of social justice legislation. He argued that these laws, aimed at protecting labor, should be viewed as an interconnected system. By harmonizing the POEA Contract with the legislative intent behind social security laws like the SSS and GSIS laws, which typically require spousal dependency for benefits, Justice Singh concluded that an estranged and non-dependent wife should not be considered a beneficiary. He also used Section 8(k) of the Social Security Act as a guide for the distribution of benefits among legitimate and nonmarital children, further emphasizing the harmonization of related social welfare laws.
Ombudsman Deputies: Construction is necessary only when the law is ambiguous
The Supreme Court addressed the President’s disciplinary power over Ombudsman deputies by emphasizing that statutory construction is necessary only when the law is ambiguous. The Court had to harmonize Section 8(2) and Section 21 of R.A. No. 6770, which seemed to grant disciplinary powers to both the President and the Ombudsman, concluding they have concurrent jurisdiction based on legislative intent. However, the Court also relied on the plain meaning rule when considering the express grant of removal power to the President. This case illustrates that both the plain meaning rule and statutory interpretation to harmonize conflicting provisions are employed when construing laws.
PD 9 Illegal Weapons: Preamble as an intrinsic aid.
The Supreme Court interpreted Paragraph 3 of Presidential Decree No. 9 concerning illegal possession of deadly weapons by heavily relying on intrinsic aids to construction, particularly the preamble (“Whereas” clauses) of the decree. The Court found that the preamble, which linked the decree to the context of martial law and efforts to combat subversion and public disorder, was crucial in understanding the law’s intent. Despite arguments against using the preamble to expand the law, the Court concluded that the carrying of a bladed weapon was only criminalized under PD 9 (3) if it was in furtherance of or connected with such subversive activities, and the Informations were defective for not alleging this element.
Pascual v. Ballesteros: Plain language as intrinsic aid.
In this case concerning legal redemption, the Supreme Court heavily relied on the intrinsic aid of the plain and unambiguous language of Article 1623 of the Civil Code. The Court underscored the mandatory requirement of a “notice in writing” for the 30-day period to exercise the right of legal redemption to commence. Emphasizing that when the law speaks clearly, there is only room for application, the Court held that mere actual knowledge of the sale did not substitute the necessity of written notice as explicitly stated in Article 1623.
People vs. Manantan: Tracing legislative history as extrinsic aid.
The Supreme Court held that a justice of the peace is included in the prohibition of Section 54 of the Revised Election Code by heavily relying on extrinsic aids to construction, primarily legislative history. By tracing the evolution of election laws, the Court determined that the omission of “justice of the peace” in Section 54 was not an intentional exclusion but rather because the term “judge” was now understood to be broader. The Court also considered the purpose of the statute (to prevent undue influence in elections) and the need for harmonization with other legal provisions granting justices of the peace jurisdiction over election cases, alongside executive interpretation, to support its conclusion.
Philippine Agrarian Reform: Historical context of agrarian reform and constitutional mandate for social justice as extrinsic aid.
The Supreme Court upheld the constitutionality of various agrarian reform measures by using several extrinsic aids to construction. The Court considered the historical context of agrarian unrest and the constitutional mandate for social justice. It also looked at the presumed intent of the framers of the Constitution regarding just compensation in the context of the program’s immense cost. The Court further examined the evolution of agrarian legislation and acknowledged the social and economic realities and policy considerations underlying the need for agrarian reform. These extrinsic factors helped the Court understand the purpose and constitutionality of the challenged laws within a broader context.
Sugar Import Forfeiture: Plain Language Prevails
The Supreme Court ruled against the sugar corporations’ claim for reimbursement of conversion fees by relying on the intrinsic aid of the plain and express language of the Bidding Rules, specifically paragraph G.1. The Court emphasized that the rule clearly stated that forfeiture would occur upon “failure of the importer to make the importation”. Applying the principle that clear rules should be enforced according to their plain meaning, the Court found no ambiguity and held that the forfeiture provision applied to the corporations’ cancellation of their imports.
US v. Hart: No interpretation if the law is clear.
While the case primarily revolved around the finality of judgments, it touched upon statutory interpretation. The lower court had interpreted Act No. 1757 in relation to the Penal Code to justify a second ruling on the confiscation of seized money. However, the Supreme Court reversed the second ruling based on the principle that the original sentence had become final after the defendants paid their fines, making it unnecessary to delve deeply into the interpretation of the gambling law or the Penal Code.
Tawang Multi-Purpose Cooperative case: Plain meaning rule, what cannot be legally done directly cannot also be done indirectly.
The Court heavily relies on the principle that when the law (in this case, the Constitution) is clear and unambiguous, there is no room for interpretation, and the Court’s duty is to apply it according to its clear language. This is known as the plain meaning rule or verba legis. The Court emphasizes that the 1935, 1973, and 1987 Constitutions explicitly prohibit exclusive franchises for public utilities. Since Section 47 of PD No. 198 allows for the creation of such exclusive franchises with the consent of the water district’s board of directors and the Local Water Utilities Administration (LWUA), it directly contradicts the constitutional prohibition. The Court also applies the maxim that what cannot be legally done directly cannot be done indirectly, arguing that allowing the BOD and LWUA to create exclusive franchises would circumvent the Constitution. The Court cites numerous precedents supporting the supremacy of the Constitution and the duty to strike down laws that violate it.
Social Security Commission and Social Security System case: Plain meaning rule, dependent spouse as a legitimate spouse and a spouse requiring support.
The Court again applies the plain meaning rule (verba legis). It states that Section 8(e) of RA 1161 clearly defines a “dependent” spouse as “the legitimate spouse dependent for support upon the employee”. Similarly, Section 8(k) defines beneficiaries as including the “dependent spouse until he remarries”. The Court emphasizes that for a spouse to qualify as a primary beneficiary, both legality of the marital relationship and dependency for support must concur. The Court explains that when the statute is clear, plain, and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation, citing the maxims index animo sermo est (speech is the index of intention) and verba legis non est recedendum (from the words of a statute there should be no departure). The Court rejected the argument that being the legal wife automatically presumes dependency, requiring actual dependency for support as defined by the law.
Mohammad vs. Secretary, DOJ case: Plain meaning rule and all parts of the law gives effect.
The Court reiterates the general rule that when the language of the statute is clear and free from ambiguity, there is no room for interpretation, and only application is necessary. It focuses on the clear language of Section 3(a) of RA 7309, which requires that a person was “unjustly accused, convicted, and imprisoned but subsequently released by virtue of a judgment of acquittal”. The Court emphasizes the use of the conjunctive word “and,” which denotes a union or joinder of words or phrases, indicating that all the listed requisites are cumulative rather than alternative. The Court cites jurisprudence defining “and” as meaning “in addition to” and implying conjunction or union. The Court also invokes the principle that all parts of the statute should be considered to give effect to its intent (Ut magis valeat quam pereat), rejecting the argument that the focus should solely be on the word “unjust”. Because Mohammad was acquitted at the trial court level and did not experience a prior conviction followed by an acquittal on appeal, he did not meet the clear requirements of the statute.
Caltex (Philippines), Inc. case: Meaning of an ambiguous term can be derived with the words associated with the term
The Court engages in a more extensive interpretative process due to the ambiguity of the terms “lottery” and “gift enterprise” in the Postal Law. It relies on the authoritative definition of “lottery” established in previous cases, requiring the three essential elements of consideration, prize, and chance. Finding that the Caltex contest lacked the element of consideration, the Court ruled it was not a lottery. When interpreting “gift enterprise,” the Court applies the principle of noscitur a sociis, which means that the meaning of a word may be ascertained by reference to the meaning of words associated with it. Since “gift enterprise” is used in association with “lottery” in the statute, and “lottery” is understood to require consideration to be prohibited, the Court construes “gift enterprise” similarly. The Court also considers the mischief sought to be remedied by the law (preventing mail fraud and suppressing the gambling spirit), concluding that without consideration, the rationale behind the law does not apply. This demonstrates that when the literal meaning is not immediately clear or when terms need further definition within the context of the statute, the Court employs other rules of statutory construction such as examining legislative intent, considering associated words, and looking at the purpose of the law.
What are the two primary documents needed for notarization?
1.The document to be notarized.
2. A competent evidence of identity. This includes documents issued by a government agency that contain the holder’s name, photograph, and signature, such as a passport, driver’s license, or PRC ID.
List at least five examples of acceptable “competent evidence of identity” for notarization.
*Passport
*Driver’s license
*PRC ID
*NBI clearance
*Police clearance
*Postal ID
*Voter’s ID
*Barangay certificate
*GSIS card
*SSS card
*Philhealth Card
*Senior Citizen Card
*OWWA/OFW ID
*Alien’s Certificate of Registration
*NCWP or DSWD Certification
Describe the steps a notary public takes to notarize a document
1.Review the document and its attachments.
2.Prepare the document for notarization.
3.Sign the document.
4.Stamp the document with their notarial seal.
5.Enter the details into the notarial register.
What should the client do after the notary enters the details in the notarial register?
The client must check the entries in the notarial register and sign after reviewing them
List ten entries that must be recorded in the notarial register
The notarial register must contain:
1. The entry number and page number.
2. The date and the time of the day.
3. The type of notarial act.
4. The title and description of the instrument.
5. The name and address of each client.
6. The competent evidence of identity.
7. The names and addresses of each credible witness, if any.
8. The fee charged for the notarization.
9. The address of the notarization should it take place outside the regular place of work of the notary.
10. Any other circumstance which the notary may deem necessary.
According to Article 2 of the Civil Code, when do laws take effect?
Laws take effect 15 days after the completion of their publication in the Official Gazette, unless otherwise provided
According to Tanada vs. Tuvera, what condition must be met for all laws and statutes to be effective?
All laws or statutes, including those of local application and private law, must be published as a condition for their effectivity; otherwise, it would violate the due process clause of the constitution.
In the context of law publication, what does “completion of publication” refer to?
“Completion of publication” refers to the date of release of the Official Gazette (O.G.) or newspaper for circulation, not its date unless the two dates coincide. The period of publication is counted from this date.
Does the requirement of publication apply to all Presidential Issuances? If not, what are the exceptions?
The requirement of publication as a condition for the effectivity of statutes applies to Presidential Issuances, except those which are merely interpretative or internal in nature and not concerning the public
How is a specified number of days, such as “ten (10) days from notice,” computed?
It means 10 calendar days, not working days
How is the term “week” interpreted when used as a measure of time without reference to the calendar?
It means a period of seven consecutive days without regard to the day of the week from which it begins
According to Section 31, Chapter VIII, Book I of the Administrative Code of 1987, what is a year composed of?
A year is composed of 12 calendar months
In legal terms, how many days does a month consist of? What is the exception to this rule?
Generally, a month consists of 30 days, except if the months are designated by their name (e.g., January, February)
How are “daytime” and “night” defined in legal terms?
Daytime is defined as the period from sunrise to sunset, while night is from sunset to sunrise.
Explain the “exclude-the-first and include-the-last day RULE” in the computation of a period.
This rule governs the computation of a period where the first day is excluded, and the last day is included
What happens if the last day for an act falls on a Sunday or legal holiday? Provide examples.
If the last day falls on a Sunday or legal holiday, the act can still be done the following day. Examples include filing pleadings in courts and hearing of cases
Does the principle of extending deadlines apply to the computation of the period of prescription of a crime? Explain.
No, the principle does not apply to the computation of the period of prescription of a crime. If the last day in the period of prescription of a felony falls on a Sunday or legal holiday, the information concerning said felony cannot be filed on the next working day, as the offense has, by then, already prescribed
What are the initial steps in turning a bill into a law?
The initial steps involve drafting the bill by a Representative, Senator, or proponent, followed by filing with either the HOR Secretary General or Senate Secretary. The bill is then assigned a number (HB/SB No. ____)
What happens during the “First Reading in Plenary”?
During the First Reading, the number and title of the bill are read, and then it is referred to the appropriate committee
What actions are undertaken during “Committee Considerations”?
This stage includes a Technical Working Group review and public hearings conducted by the mother committee. Referral to other committees may occur if needed. An example is provided: the Mother committee may focus on Government reorganization, while other committees may focus on Appropriation, Ways, and Means
Describe the “Second Reading in Plenary.”
The bill is read in full, along with any amendments proposed by the committee. This is followed by amendments, discussions/interpellations, and sponsorship by the Committee Chairperson and co-authors/co-sponsors
What occurs after the discussions and amendments during the Second Reading?
The bill is voted on. If approved, it proceeds to a Third Reading
Explain the process during the “Third Reading in Plenary”.
The bill is submitted for a final vote
What is the requirement regarding the distribution of copies before the Third Reading? Are there exceptions?
There must be three session days after distribution of copies of the approved version of the bill to the members [Art. VI, Sec. 26(2)]. This is dispensed with if the bill is certified urgent by the President due to a public calamity or emergency
What happens after a bill is approved on the Third Reading?
The bill is transmitted to the other House for concurrence
If the other House has no counterpart bill, what process does the transmitted bill undergo?
The bill undergoes the usual process of legislation in the other House
What happens if the Senate and House versions of a bill are compatible?
The versions are consolidated into one enrolled bill
Define an “Enrolled Bill”
An Enrolled Bill is the final copy of a bill or joint resolution that has passed both houses of a legislature and is ready for the signature of the President
What is the “Conclusiveness of an Enrolled Bill”?
An enrolled bill is conclusive not only of its provisions but also of its due enactment. It is a solemn assurance that it was passed by Congress
What is the purpose of the Legislative Journal?
The Legislative Journal is the record of the proceedings in each House
What information does the Legislative Journal record?
It records the yeas and nays on any question or final reading of a bill and the objections of the President to a vetoed bill
In case of conflict, does the Enrolled Bill or the Legislative Journal prevail?
The Enrolled Bill prevails
What is the role of the Bicameral Conference Committee?
It is formed to reconcile conflicting provisions between the Senate and the House versions of a bill
After the Bicameral Conference Committee, what steps follow?
Preparation and printing of the Enrolled Bill
What happens after the preparation of the Enrolled Bill?
The Enrolled Bill is transmitted to the President
What are the President’s options upon receiving the Enrolled Bill?
The President can sign the bill, making it a law, or veto it, returning it to Congress
What can Congress do if the President vetoes a bill?
Congress may re-pass the vetoed bill if two-thirds of both Houses, voting separately, approve its enactment
What happens if the President does not act on a bill within 30 days?
If the President fails to communicate a veto within 30 days after receipt, the bill shall lapse into law
Define “law” in the context of effectivity and publication.
All statutes, including local and private laws, must be published for effectivity, starting 15 days after publication, unless the legislature specifies a different date [Tañada vs. Tuvera]
What is the effect of non-publication of laws?
“Laws” refers to all laws, not just those of general application, because all laws relate to the people, even if indirectly [Tañada vs. Tuvera]
What is the role of the Official Gazette?
Publication of laws must be in the Official Gazette for them to be effective after 15 days from publication, or another date specified by the legislature [Tañada vs. Tuvera]
What should be contained in the publication of law?
Publication must be in full to inform the public of the laws’ contents [Tañada vs. Tuvera]. The mere mention of the number of the presidential decree, the title of such decree, its whereabouts the supposed date of effectivity cannot satisfy the publication requirement
What is the effect of a law that says it will take effect immediately?
A statute that provides for its effectivity immediately upon approval is interpreted as coming into effect immediately upon publication in the Official Gazette [Tañada vs. Tuvera]
What about administrative rules and regulations?
Administrative rules and regulations must also be published if their purpose is to enforce or implement existing law pursuant to a valid delegation. Interpretative regulations and internal regulations do not need to be published [Tañada vs. Tuvera]
What is the “unless it is otherwise provided” clause in Article 2 of the Civil Code?
The clause “unless it is otherwise provided” refers to the date of effectivity, not the requirement of publication. Publication is indispensable. The legislature can shorten or extend the 15-day period [Tañada vs. Tuvera]
Is publication in the Official Gazette a constitutional requirement?
The requirement of publication in the Official Gazette is a statutory norm, not a constitutional command [Tañada vs. Tuvera]
What is the basis for the legal presumption that everyone knows the law?
The conclusive presumption that every person knows the law presupposes that the law has been published [Tañada vs. Tuvera].
What is the presumption regarding the validity of a statute?
Every statute is presumed valid. To declare a law unconstitutional, its inconsistency with the Constitution must be clear and unambiguous.
What are the roles of the courts in determining the constitutionality of a law?
- There must be an actual case or controversy.
- The question of constitutionality must be raised by the proper party.
- The constitutional question must be raised at the earliest possible opportunity.
- The decision of the constitutional question must be necessary to the determination of the case itself.
What are the grounds for declaring a statute unconstitutional?
A statute may be declared unconstitutional because:
1. It is not within the legislative power to enact.
2. It infringes constitutional principles.
3. Its purpose or effect violates the constitution.
4. It is vague.
What are the tests for the validity of an ordinance?
An ordinance must NOT:
1. Contravene the constitution or any statute.
2. Be unfair or oppressive.
3. Be partial or discriminatory.
4. Prohibit but may regulate trade.
5. Be unreasonable.
6. Must be general and consistent with public policy.
What are the effects of unconstitutionality of a statute?
An unconstitutional act:
1. Confers no rights.
2. Affords no protection.
3. Imposes no duties.
4. Creates no office.
5. Is inoperative as though it had never been passed.
6. Presumed to be valid prior to its declaration of nullity
What are the two views on the effects of a declaration of unconstitutionality of a statute?
- Orthodox View: an unconstitutional law confers no right, is not a law, imposes no duties, affords no protection; in legal contemplation, it is inoperative, as if it had not been passed.
- Modern View: The court simply refuses to recognize it and determines the rights of the parties as if the statute had no existence. The parties to the suit are concluded by the judgment, but no one else is bound.
What is the general rule regarding partial invalidity of a statute?
If part of a statute is void or inconsistent with the Constitution, while another part is valid, the valid portion may stand and be enforced if separable from the invalid.
What is statutory construction?
It is the art or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case, where that intention is rendered doubtful.
What is the duty of courts regarding the law?
Courts must apply the law. Construction and interpretation come only after it has been demonstrated that application is impossible or inadequate without them. Where the law speaks clearly, there is no room for interpretation
What is the plain meaning rule (Verba Legis)?
It is the essence of the law, composing the purpose and meaning of the law, and the spirit of the law. The primary source of legislative intent is the statute itself.
What is a bill?
A bill is a proposed legislative measure introduced by a member of Congress for enactment into law
Where must particular bills originate?
articular bills must originate from the House of Representatives, including appropriation bills, tariff or revenue bills, and bills authorizing the increase of public debt
What is invalidity due to a change of conditions?
A statute can become invalid due to changes in circumstances that make its continued operation violate the Constitution. The declaration of its nullity should affect only the parties involved in the case and its effects applied prospectively.
What is ambiguity in the context of statutory construction?
It is a condition of admitting two or more meanings and being understood in more than one way.
What is the difference between “construction” and “interpretation” in statutory analysis?
Construction draws warranted conclusions beyond the language of the written text, while interpretation is limited within the four corners of the written text
What branch of government has the power to construe laws?
Construction is a judicial function
