March 15, 2019, Friday

Elvin B. Baui
SD No. 20120111275

To:
Atty. Jose Moises F Salonga

Re: Grade Appeal

Dear Atty Salonga

Before you is an appeal made to reconsider the grade provided during the examination
in Statutory construction dated Fabruary 15, 2019. Among the questions given the
following are the answers which may be considered to be given additional point.

3. In Orceo vs. COMELEC (GR. No. 190779), the Court was given the chance to rule on
the imposition of a gun bun during elections, which surprising covered toy/air soft gun
replicas. (30 points)

From 23 points to 25 points

a. What was the ratio decidendi?

Original answer

COMELEC did not gravely abuse its discretion in including air soft guns and air guns in
the term "firearm" in Resolution No. 8714 for purposes of the gun ban during the
election period, with the apparent objective of ensuring free, honest, peaceful and
credible elections this year. However, the replicas and imitations of air soft guns and air
guns are excluded from the term "firearm" in Resolution No. 8714.

Explanation and additional argument to the question above

Citing the case of Orceo vs COMELEC an ordinary citizen may not be able to
distinguish between a real gun and an air soft gun. It is fear subverting the will of
a voter, whether brought about by the use of a real gun or a recreational gun
which is sought to be averted. When a rule or regulation has a provision not
expressly stated or contained in the statute being implemented, the provision
does not necessarily contradict the statute.

All that is required is that the regulation should be germane to the objects and
purposes of the law; that the regulation be not in contradiction to, but in
conformity with, the standards prescribed by the law.
5. When do laws have retroactive application? Cite examples and discuss why they can
be given such effect. (5 points)

From 3 points to 4 points

Original answer

The general rule is that laws have no retroactive effect. However, there are
exceptions to the general rule, such as procedural laws and curative laws, which
are given retroactive operation.

Procedural laws are adjective laws which prescribe rules and forms of procedure
of enforcing rights or obtaining redress for their invasion; they refer to rules of
procedure by which courts applying laws of all kinds can properly administer
justice,
They include rules of proceedings, practice and evidence. As applied to criminal
law, they provide or regulate the steps by which one who commits a crime is to be
punished.

Curative law is further explained in this appeal as a kind of retrospective

application of laws.

Also, Curative Statute is retrospective laws which correct irregularities,

inconsistencies and ambiguities in the law. A form of retrospective legislation
which reaches back into the past to operate upon past events, acts or
transactions in order to correct errors and irregularities and to render valid and
effective many attempted acts which would otherwise be ineffective for the
purpose intended.

I would greatly appreciate it if you would consider my appeal. I will be happy to answer
any questions you may have for me. Thank you for the time reviewing my request.

Sincerely,

Elvin Bucad Baui

20120111275