DIGESTED BY: Patricia Ramos
**use at your own risk**
***don't spread a copy of the digest
CHAPTER 1
Case Title
Lito Corpuz vs People of the Philippines
G.R. No. 180016
April 29, 2014
Director of Lands vs Court of Appeals
G.R. No. 102858, July 28, 1997
276 SCRA 276
Secretary of the Department of Public Works
and Highways and District Engineer
Celestino R. Contreras vs
Spouses Heracleo and Ramona Tecson
G.R. No. 179334, April 21, 2015
People of the Philippines vs Mario Mapa
y Mapulong
G.R. No. L-22301, August 30, 1967
20 SCRA 1164
Brief Facts Issue/s Ruling Doctrine/Principle
On May 2, 1991, Danilo Tangcoy (private complainant) who was engaged in the business of lending
money to casino players was approached by Lito Corpuz (petitioner) and offered to sell the pieces of
jewelry (upon knowing that Tangcoy had some pieces fo jewelry for sale) on commission basis. Tangcoy No, the court cannot modify the said range of penalties
agreed and turned over to Corpuz the pieces of jewelry which amounted to Php 98,000 as proved by a
because that would constitute judicial legislation. The
receipt (18k diamond ring for men, a necklace and a bracelet for men and a woman's bracelet). Both
W/N the Court can adjust the legislature's failure to amend the penalties provided in The primary duty of the court is to
agreed that Corpuz shall remit the proceeds of the sale or return the same items if unsold within 60 days.
penalties the said crime cannot be remedied through the Court's apply the law in a way that it will not
The period expired and Corpuz did not remit the proceeds of the sale or returned the pieces of jewelry.
provided under the law to decisions as that would be encroaching the power of the encroach legislative powers by judicial
Tangcoy approached Corpuz who promised to pay the value of said items but failed to do so.
prevent injustice. legislative branch of the government. The court should legislation. It should not make or
RTC = guilty beyond reasonable doubt (crime of Estafa) ; sentenced to 4 years and two months as apply the law in a way that would give effect to their letter supervise legislation, modify, revise, or
minimum and 14 years and 8 months as maximum. and intent especially when the law is clear regarding it rewrite the law or give a construction
CA = denied the appeal of Corpuz and affirmed RTC; modified to 4 years and two months as minimum intent and purpose. that is inconflict with the terms.
and 8 years as maximum + 1 year for each additional Php 10,000 (total 7 years) (Review on Certiorari was DENIED)
It was raised that the penalty provided by the law for the offense was cruel and unreasonable and
violative of equal protection. (Value of money and property on 1930).
On Dec 8, 1986, Teodoro Abistado (Private Respondent) filed a petition for original registration of W/N the land registration court
his title over 648 sq/m of land under PD 1529. However, during the pendency of the peitition can validly confirm and register No, the law used "shall" in prescribing the work to be Where the law speaks in clear and
Teodoro Abistado died. Thus, his heirs represented by Josefa Abistado (their appointed guardian) the title of private respondents done by the Commissioner of Land Registration. The word categorical language, there is no
were substituted as applicants. On June 13, 1989 the land registration court dismissed the petition in the absence of publication in "shall" indicates the mandatory character of the statute. room for interpretation, vacillation, or
"for want of justice". However it was found out that the applicants (through their predecessors in a newspaper of general The law is clear regarding this requirement. Hence, since equivocation, there is only room for
interest) were still in possesion of the land since 1938. Records showed that the applicants failed to circulation. there was failure in the part of the applicants in the application.
comply with the requirement under Sec 23(1) of PD 1529 w/c requires the applicants to publish the publication requirement, thus the application for land
notice of initial hearing in a newspaper of general circulation in the Philippines. registration was dismissed w/o prejudice to reapplication
after all the requisites have been complied with.
CA = reversed the decision of RTC (publication in the newspaper is only procedural and it did not
deprive the court to grant the application)
In 1940, DPWH took respondents subject property w/o the benefit of expropriation proceedings The court's first and funadamental duty
for the construction of MacArthur Highway. In a letter, respondents demanded payment of FMV Yes, the just compensation due respondents should be is the application of the law according
of the parcel of land. Contreras (then district Engineer) offered to pay at the rate of Php 0.70 W/N just compensation should fixed not as of the time of payment but at the time of the to its express terms, interpretations
centavos per sq/m per resolution of Provincial Appraisal Committee (PAC) of Bulacan. Unsatisfied, be based on the taking in 1940 w/c is Php 0.70 per sq/m. and not Php being called for only when such literal
respondents demanded the return of their property or compensation at the current FMV. value of the property at the time 1,500 per sq/m. as valued by the RTC and CA. The court application is impossible. No process of
of the taking. in the past has been confronted w/ the same issue under interpretation or construction need be
RTC = favorable decision similar factual and procedural circumstances. It finds no resorted to where a provision of law
CA = favorable decision w/ the subject of the property valued at Php 1,500 per sq/m w/ interest rate reason to depart from the doctrines laid down in earlier pretemporarily calls for application.
of 6% per annum. cases. Equity and equitable principles only
come into full play when a gap exists in
the law and jurisprudence.
W/N the appointement to and
holding of the position of a
Defendant, Mapa was charged and convicted of the crime of illegal possession of firearm and and secret agent to the provincial
ammunition by the Court of First Instance of Manila. His sole defense (w/ proper documentary governor would constitute a No, the law is clear that there is no provision exempting The first and fundamental duty of the
exhibits) is that he is a dult appointed secret agent of the then Governor of Batangas dated June 2, sufficient defense to a a secret agent . Thus, the conviction of the accused Courts is to apply the law.
1962 and at the time of the alleged commission of the offense, he had a confidential mission to prosecution for the crime of must stand.
proceed to Manila, Pasay and Queon City. illegal possession of firearm and
ammunition.

People of the Philippines vs Patricio Amigo
G.R. No. 116719, January 18, 1996
252 SCRA 43
CHAPTER 2
Remman Enterprises, Inc. and Chamber of Real
Estate and Builders' Association vs
Professional Regulatory Board of Real Estate
Service and Professional Regulation
Commission
G.R. No. 197676, February 04, 2014
Norma A. Del Soccoro vs Ernst Johan
Brickman Van Wilsem
G.R. No. 193797, December 10, 2014
CHAPTER 3
Socorro Ramirez vs Hon Court of Appeals and
Ester S. Garcia
G.R. No. 93833, September 25, 1995
248 SCRA 590
Request of Court of Appeals Justice Vicente S.E.
Veloso, Angelita A. Gacutan and Remedios A.
Salazar Fernando for Computation/Adjustment
of Longevity Pay
8-07-CA June 16, 2015:
A.M. No. 12-9-5-SC; AM No. 13-02-07-SC
Accused-appelant Patricio Amigo was charged and convicted of murder by the Regional Trial Courts are not the forum to plead for sympathy. The The duty of the Courts is to apply the
Court of Davao City and was sentenced to the penalty of reclusion perpetua. Accused-appelant duty of the Courts is too apply disregarding the feeling law disregarding their feeling of
claims that the penalty of reclusion perpetua is too cruel and harsh as a penalty and pleads for of sympathy/pity for an accused. sympathy or pity for the accused.
sympathy.
On June 29, 2009, R.A. 9646 (Real Estate Service Act of the Philippines) was signed into law. It aims to No, the court laid down the rule that constitutional
proffesionalize the real estate service sector under a regulatory scheme of licensing, registration and provisions relating to the subject matter and titles of The requirement that the subject of an
supervision of real estate service practitioners in the country. Prior to its enactment, they were statutes should not be so narrowly construed as to cripple act shall be expressed in its title should
under the supervision of DTI through BTRCP in the exercise of its consumer W/N R.A. No. 9646 is or impede the power of legislation (liberally construed by receive a reasonable and not a
regulation functions. unconstitutional for being the court). The court previously ruled that the one-subject technical construction. It is sufficient if
violative of the "one title-one requirement under the Consti is satisfied if all the parts of the title be comprehensive enough
On December 7, 2010, Remman Enterprises, Inc. and Chamber of Real Estate and Builders' subject" rule under Article VI, the statutes are related and are germane to the subject reasonably to include the general
Association (petitioners) sought to declare the law void and unconstitutional since it violates Art. Section 26 (1) of the Philippine matter expressed in the title or as long a sthey are not object which a statute seeks to effect,
VI, Section 26 (1) of the Philippine Constitution w/c mandates that every bill passed by the Congress Constitution. inconsistent with or foreign to the general subject and title. w/o expressing each and every end and
shall embrace only one subject w/c shall be expressed in the title. The rule is complied with if the title is comprehensive means necessary or convenient for the
enough as to include the general object w/c the statute accomplishing of that object.
RTC = denied petition seeks to effect.
W/N a foreign national law has Yes, in IntLaw, the party who wants to have a foreign law Doctrine of Processual Presumption
Norma A. Del Soccoro (petitioner) and Ernst Johan Brickman van Wilsem (respondent) got married in an obligation to support his applied to a case has the burden of proving the foreign law. states that when a foreign law was not
Holland on Sept. 25, 1990. They have a sone named Roderigo Norjo Van Wilsem. The marriage ended minor child under the Philippine The respondent hastily concludes that being a national of properly pleaded or proved, the
on July 19, 1995 w/c prompted the petitioner to come back to the Philippines. Respondent made a law despite the fact that the law Netherlands he is governed by such laws. The respondent presumption of identity or similarity
promise to provide a monthly support of Php 17,500 but never received one. of the country of said foreign failed to prove the laws of Netherlands. Hence, since it was comes into play.
national do not obliged the not properly pleaded it is presumed that it same with the The presumption is that the foreign law
The respondent then came to the Philippines and remarried. On August 28, 2009, petitioner sent a parents to support their Philippine laws w/c enforces the obligation of parents to is the same as
letter demanding for support from respondent. Respondent refused to receive the letter. children. support their children. ours.
1. Yes, Section 1 of RA 4200 clearly and unequivocally
makes it illegal for any person, not authorized by all the
Socorro D. Ramirez filed a civil case for damages alleging that Ester S. Garcia in a confrontation in the 1. W/N RA 4200 applies to parties to any private communication to secretly record
latter's office, allegedly insulted and humiliated her in a manner offensive to petitioner's dignity and taping of a private such communication by means of tape recorder. The
personality. Supporting her claim petitioner produced a verbatim transcript of the event and sought conversation by one of the statute's intent to penalize all persons unauthorized to
moral damages, attorney's fees and other expenses of litigation (Php 610,000). The transcript which parties to a make such recording is underscored by the use of the Legislative intent is determined
the civil case was based on was from a tape recording of the confrontation made by petitioner. conversation. qualifier "any". It plainly supports the view held by the pricipally from the
respondent court that the provisions seeks to penalize language of the statute.
Private respondent filed a criminal case stating that secretly taping of the confronation was illegal 2. W/N the substance must be even those privy to the private communications.
under RA 4200 (Anti Wiretapping Law). Upon arraignment, petitioner filed a Motion to Quash the alleged in the information. W/N
Information on the ground that the facts charged do not constitute a violation of RA 4200. RA 4200 applies to private 2. Yes, the substance of the same needs to be specifically
conversation. alleged in the information. The nature of the conversation
RTC - granted motion to quash is immaterial to a violation of the statute. The mere
CA - RTC's ruling null and void allegation that an individual made a secret recording of a
private communication by means of a tape recorder would
suffice to constitute an offense under Section 1 of RA 4200.
The language and terms of this provisions are very clear Plain Meaning Rule or Verba Legis
The petitioners are all Justices of the Court of Appeals. Justices Veloso and Fernando claim and unequivocal: longevity pay is granted to a judge or
longevity pay for services rendered within and outside the Judiciary as part of their compensation W/N Section 42 of BP 129 justice who has rendered 5 years of continous and The primary rule in addressing any
package. Justice Gacutan, who has recently retired, claims deficiency payment of her longevity pay should be given a liberal efficient service in the judiciary. The plain reading of problem relating to the understanding
for the services she had rendered before she joined the judiciary, as well as re computation of her interpretation by the court. Section 42 shows that longevity pay is not available even to or interpretation of a law is to examine
retirement pay to include the claimed longevity pay under BP 129, Section 42. a judical officer who is not a judge or justice. It cannot also the law itself to see what it plainly says.
be avaialble to a judge or justice for past services he or she This is the plain meaning rule of
did not render within the judiciary. statutory construction.

Globe - Mackay Cable and Radio Corporation vs report also disclosed that petitioner's aircon was taken by Saldivar for his own use and connived with
National Labor Relations Commission and
Imelda Salazar
GR No. 82511, March 3, 1992
206 SCRA 701
Sometime in 1984 reports that GMCR company equipment, worth thousands of dollars under Delfin
Saldivar were missing. The company's auditor indicated that Saldivar had entered into a partnership Plain Meaning Rule or Verba Legis
with Richard Yambao owner of Elecon, a supplier of petitioner often recommended by Saldivar. The Yes, Art 279 of the Labor Code is clear that "An employee
W/N the suspension and who is unjustly dismissed from work shall be entitled to The primary rule in addressing any
Yambao to defraud petitioner of its property. Report also showed that Imelda Salazar (witness in the subsequent dismissal reinstatement...and to his full backwages." If a statute is problem relating to the understanding
partnership of Yambao and Saldivar) had full knowledge of the loss and whereabouts of the aircon of Imelda Salazar were illegal. clear, plain and free from ambiguity it must be given its or interpretation of a law is to examine
but failed to inform her employer. Salazar was placed under preventive suspension for 1 month, literal meaning and applied without attempted the law itself to see what it plainly says.
giving her time to explain her side. Instead she filed for illegal suspension. illegal dismissal and the interpretation. The provision does not admit any This is the plain meaning rule of
payment of benefits against petitioner. LA = reinstate private respondent; NLRC = affirmed with qualification statutory construction.
modifications.

Felicito Basbacio vs Office of the Secretary,
Department of Justice
GR No. 109445, Novemebr 7, 1994
238 SCRA 5
Petitioner who was acquitted filed a claim under RA 7309, Sec 3(a) which provides for the W/N the term "unjustly ccused, No, Sec 3(a) requires that a claimant be "unjustly accused,
payment of compensation to "any person who was unjustly accused, convicted, imprisoned but convicted, imprisoned but convicted and imprisoned" The fact that his conviction is
subsequently released by virtue of a judgement of acquittal." The claim was denied on the ground subsequently released by virtue reversed and the accused is acquitted is not itself proof When the language of the law is clear,
that while petitioner's presence at the scene of the killing was not sufficient to find him guilty of a judgement of aquittal" refer that the previous conviction was "unjust". The accused it should be given its natural meaning.
beyong reasonable doubt, but there having a bad blood beteen him and the deceased there was to all kinds of accusation and must have been "unjustly accused, in consequence of
basis that he was "probably guilty". conviction which he is unjustly convicted and then imprisoned."

JMM Promotions and Management, Inc vs
National Labor Relations Commission and
Ulpiano L. Delos Santos
GR No. 109835, Novemebr 22, 1993
228 SCRA 129
W/N the petitioner was still Yes, the POEA Rules are clear. In addition to the cash and
Petitioner JMM Promotions and Management, Inc. Appealed to the respondnet NLRC which required to post an appeal bond surety bonds and the escrow money, an appeal in an
dismissed the petitioner's appeal on the ground of failure to post the required appeal bond. Citing to perfect its appeal from a amount equivalent to the monetary award is required to
Art 223 of the Labor Code and Art VI, Sec 6 of the Rules of Procedure of the NLRC. The petitioenr decision of the POEA to the perfect an appeal from a decision of the POEA. In
insists that appeal bond is not necessary in the cae of licensed recruiters fro overseas employment NLRC after having posted a total interpreting a statute care should be taken that every part In interpreting a statute, care should be
because they are already required under Sec 4, Rule II, Book II of the POEA Rules. The petitioner also bond of Php 150,000 and placed thereof be given effect. Under the petitioner's taken that every part be given effect
placed in the escrow the sum of 200,000 pesos in PNB in compliace with Sec 17, Rule II, Book II of in escrow the amount of Php interpretation sec 6 of the POEA Rule should be
the same rule. 200,000 as required by the POEA disregarded which would nullify it. The court find that
Rules. Section 6 complements Section 4 and Section 17.

Danilo A. Duncano vs Hon. Sandiganbayan (2nd
Division) and Hon. Office of the Special
Prosecutor
GR No. 191894, July 15, 2015
Petitioner, Danilo A Duncano was the Regional Director of Bureau of Internal Revenue with Salary
Grade 26 as classified under RA 6758. The Office of the Special Prosecutor and the Office of the W/N, according to PD No. 1006 Yes, section 4 w/c provides that except for those officials
Ombudsman filed a criminal ase against him for failing to disclose his SALN for the year 2002, his as amended by Section 4 of RA specifically included in Sec 4 A (1)(a) to (g) regardless of That construction is to be sought which
financial and business interests where his family are the registered owners and a motor vehicle No. 8249 only Regional Directors theor salary grades over whom the Sandiganbayan has gives effect to
registered in the name of his son which are part of his assets. He asserted that under PD 1606 with Salary Grade of 27 and jurisdiction, all other public officials below SG 27 shall be the whole of the statute - its every
(amended by Sec 4 (A)(1) of RA 8249) Sandiganbayan has no jurisdiction to hear the case because he higher as classified under RA No. under the jurisdiction of the proper trial courts. The word
is an official of the executive branch occupying the position of a Regional Director but with a 6758 fall within the jurisdiction resolution was reversed and set aside.
compensation classified as below Salary Grade 27. OSP argued that Regional Directors regardless of of the Sandiganbayan.
their grade salary falls under the jurisdiction of the Sandiganbayan.

No. Par (d) Sec. 3 of RA 7166 refers only to elective officials

Manuel T. De Guia vs Commission on Elections
GR No. 104712, May 6, 1992
208 SCRA 420
Petitioner Manuel De Guia is a member of the Sangguniang Bayan of the Municipality of
Paranaque. He contends that under par(d) of Sec. 3 of Ra 7166, members of the Sangguaniang
Panglungsod and Sangguniang Bayan shall be elected at large in the May 1992 elections.
of the Sangguniang Panlungsod which are single district
cities and Sangguniang Bayan for municipalities outside
Metro Manila. The law specifically stated that provinces
W/N par(d) Sec. 3 of RA 7166 with only one legislative district should be divided into two
should be and therefore should necessarily be elected by districts. Par A constrution that gives to the
interpreted to mean that (d) should be interpreted in line with the rest of the statute language used in a statute a meaning
elective officials of the and to follow the interpretation of the petitioner would that does not accomplish the purpose
Sangguniang Panlungsod and SB make the act of the statute in singling out the single district for which the statute was enacted
shall be elected at large. provinces as useless or meaningless. The key to open the should be rejected.
door to what the legislature intended in the language of a
state is its purpose or reason which induced it to enact the
statute. Statutes should then be construed in light of the
object to be achieved. A construction should be rejected
that gives the language used in a statute a meaning that
does not accomplish the purpose for which the statute was
enacted.

Elena Salenillas and Bernardino Salenillas vs
Honorable Court of Appeals, et al.
GR No. 78687, January 31, 1989
169 SCRA 829
Yes. Sec. 119 of the Public Land Act provides that "every
The parents of Elena Salenillas, one of the petitioners, were grantees of free patent. The conveyance of land acquired under the free patent or
subject property was later sold to Elena Salenillas and her husband, petitioners in the instant case. W/N petitioners have the right homestead provisions shall be subject to repurchase by the
On December 4, 1973, the property of petitioners was mortgaged to Philippine National bank as to repurchase the property applicant, his widow or legal heirs within a period of five Between two statutory interpretations,
security for a loan of P2,500. For failure to pay their loan, the property was foreclose by PNB and was under Sec. 119 of the Public years from the date or conveyance." The provision makes that which better serves the purpose of
bought at a public auction by private respondent. Petitioner maintains that they have a right to Land Act. no distinction between the legal heirs. The distinction the law should prevail.
repurchase the property under Sec. 119 of the Public Land Act. Respondent states that the sale of made by respondent contravenes the very purpose of the
the property disqualified petitioner from being legal heirs vis-a-vis the said property. act. Between two statutory interpretations, that which
better serves the purpose of the law should prevail.

No. Although PD 39 disallowed peremptory challenged

B/Gen. Jose Commendador, et al vs Gen. Renato
S. De Villa, et al.
GR No. 96948, Auguts 2, 1991
200 SCRA 80
Lydia O. Chua vs. The Civil Service Commission, separation due to reorganization. Sec. 2 provides for who are qualified to avail of the benefits of RA W/N petitioner's status as a co-
The National Irrigation Administration
GR No. 88979, February 7,1992
206 SCRA 65
Petitioners are members of the Armed Forces of the Philippines and were charged with violations of allowed under CA No. 408, PD 39 however was issued to
Articles of War in relation with their alleged participation in a failed coup d’etat. Their case was implement General Order No. 8 issued during martial law to
referred to General Court Martial No. 14. At a hearing, petitioners manifested their desire to exercise W/N the right to peremptory create military tribunals. With the lifting of Martial Law, When the reason of the law ceases, the
their right to raise peremptory challenges against the President and the members of the general challenge provide General Order No. 8 was revoked and military tribunals law itself ceases.
court martial invoking Art. 18 of CA No. 408. GCM No. 14 ruled that peremptory challenges had been by Art. 18 of CA No. 408 has were dissolved. As such, the reason for the existence of PD
discontinued under PD 39. been discontinued under PD 39. 39 ceased automatically. When the reason of the law
ceases, the law itself ceases. Cessante ratione legis, cessat
ipsa lex.
No. There is no substantial difference between a co-
terminus employee and a contractual, casual or emergency
RA 6683 provided benefits for early retirement and voluntary separation as well as for involuntary employee for all are tenurial employees with no fixed term,
non-career and temporary. The Early Retirement Law Doctrine of Necessary Implications:
6683 which includes, "all regular, temporary, casual and emergency employees." Petitioner Lydia terminus employee is excluded would violate the equal protection clause of the What is implied in a statute is as much
Chua, believing that she is qualified to avail of the benefits of the program filed and application with from the benefits of RA 6683 constitution if the SC were to sustain respondent's a part thereof as that which is
the respondent NIA which was denied due to the fact that she is a co-terminus employee. Her appeal (Early Retirement Law) submission that the benefits of said law are to be denied a expressed.
with respondent Commission was likewise denied. class of government employees who are similarly situated
as those covered by the said law. The doctrine of necessary
implications should be applied in this case.

The Revised Charter of Manila fixes the annual realty tax at 1.5%. On the other hand, the Special
Education Fund Law imposed an “annual additional tax of 1% on the assessed value of real property
City of Manila and City Treasurer vs Judge in addition to the real property tax regularly levied thereon” but “the total real property tax shall not
Amador E. Gomez of the CFI of Manila and Esso exceed 3%” Since the maximum limit imposed is 3%, the municipal board of Manila imposed an
Philippines, Inc. additional .5% to fix the total imposable tax on real property at 3% which is divided into the
GR No. L-37251, August 31, 1981 following: 1.5% as per charter of Manila, 1% as per Special Education Fund law and .5% as per order
107 SCRA 98 of the municipal board. Private respondent Esso Philippines paid the additional one-half percent
realty tax under protest and later filed a complaint for recovery of the said amount. It contended
that the additional one-half percent is void because it is not authorized by the city charter or any
law.
Yes. The Real Property Tax Law imposes that a city council,
by ordinance, may impose a realty tax of “not less than one-
half perfect but not more than two percent of the assessed
value of real property.” The additional one-half percent
W/N the additional one-half then is legal. Furthermore, the doctrine of implications Doctrine of Necessary Implications:
percent imposed by the City of sustains the contention of the City of Manila that the What is implied in a statute is as much
Manila is valid or legal. additional one-half percent is sanctioned by the Special a part thereof as that which is
Education Fund Law when the same states that “the total expressed.
real property tax shall not exceed a maximum of three per
centum.” The doctrine of necessary implications means
that “that which is plainly implied in the language of a
statute is as much a part of it as that which is expressed.”

Yes. Although petitioner argues that when Section 54 of

the Revised Election Code omitted the words “justice of
peace” from the Revised Administrative Code provision
from which it was taken and thus making the intention of
the legislature clear in the omission, the word judge in the
Defendant Guillermo Manantan was charged with a violation of the Section 54 of the Revised former provision was qualified or modified by the phrase
People of the Philippines vs Guillermo Election Code which provides that “No justice, judge, fiscal…. shall aid any candidate in any manner W/N a justice of the peace is “of first instance.” The term “judge” in Section 54 is not The rule of "casus omissus pro omiso
Manantan in any election, except to vote.” Defendant contends that this provision excludes justice of the peace included in the prohibition of modified or qualified, making it broader and more generic habendus est" can operate and apply
GR No L-14129, July 31, 1962 and as such, he is excluded from this prohibition. Because of this, the lower court dismissed the case Section 54 of the Revised to comprehend all kinds of judges, like judges of the Courts only if and when the omission has been
5 SCRA 684 against him. The Solicitor General appealed. Election Code of First Instance, Courts of Agrarian Relations, Courts of clearly established.
Industrial Relations and justices of the peace. The rule of
casus omissus has no applicability to the case at bar for the
maxim only applies and operate if and when the omission
has been clearly established.

JM Tuason and Co. Inc., et al vs Hon. Herminio Respondents Aquial claimed ownership of a parcel of land located in Quezon City having an area of
C. Mariano, Manuela Aquial, Maria Aquial,
Spouses Jose M. Cordova and Saturnina C.
Cordova
GR No. L-33140, October 23, 1978
85 SCRA 644
383 hectares. They alleged that it had been fraudulently or erroneously included in OCT No. 735 of
the Registry of Deeds of Rizal and that it was registered in the names of Petitioners Tuason pursuant
to a decree issued on July 6, 1914 in Case No. 7681 of the Court of Land Registration. Plaintiffs Aquial
prayed that OCT No. 735 and the titles derived therefrom be declared void due to certain
irregularities in the land registration proceeding.
OCT No. 735 is valid. The validity of OCT No. 735 was
already decided upon by the Supreme Court in the cases of
Benin vs Tuason, Alcantara vs Tuason and Pili vs Tuason.
The ruling in these cases was also applied in other cases Stare Decisis, Follow past precedents
involving the validity of OCT No. 735. Considerng the and do not disturb what has been
W/N OCT No. 735 is valid.
governing principle of stare decisis et non quieta movere settled. Matters already decided on the
(follow past precedents and do not disturb what has been merits cannot be relitigated again and
settled), the court ruled that respondents cannot maintain again.
their action without eroding the long settled holding of the
courts that OCT No. 735 is valid and no longer open to
attack.

Rommel C. Arnado vs Commission on Elections was approved. On November 30, 2009 he filed fis Certificate of Candidacy for the post of mayoralty
and Florante Capitan
GR No. 210164, August 18, 2015
Petitioner, Arnado is natural-born Filipino who lost his citizenship after he was naturalized as
citizen of the US. In preparation for his plans to run for public officer in the Philippines; he applied
for repatriation under RA 9225 before the consul general of the Philippines in San Francisco which Stare Decisis et non Quieta Movere,
Yes, Maquiling is binding and applicable to this case which means to adhere to precedents,
in Lanao Del Norte. Balua, another candidate filed for Arnado's disqualification on the ground that W/N the doctrine laid down in following thw doctrine of Stare Decisis. Arnado's use of his and no to unsettle things, which are
Arnado is still a US citizen because of his continued use of his US passport in entering and exiting the Maquiling case is applicable. US passport in 2009 invalidated his oath of renunciation established.
Philippines after the execution of the Affidavit of Renunciation. Arnado won the elections while the resulting in his disqualification to run for mayor in the 2010
case was pending. The Comelec issued that Arnado is disqualified and nullified the proclamtion of his elections. The Comelec Resolution was affirmed.
winning. Comelec En Banc reversed the ruling. The decision was reversed based on the decision in
the Maquiling case and disqualifying Arnado.

CHAPTER 4

Daisy R Yahon and S/Sgt Charles A. Yahon were married in June 8, 2003. Daisy filed a petition for W/N retirement and pension When the law does not distinguish,
the issuance of protection order under RA 9262 (Anti-Violence Against Women and Their Children benefits of government Yes, Section 8(g) of RA 9262 used the general term courts should not distinguish. The rule,
Republic of the Philippines Represented by the Act of 2004) against her husband. The RTC issued a Temporary Protection Order and on June 23, employees can be a proper "employer" which includes in its coverage the military founded on logic, is a corollary of the
Armed Forces of the Philippines Finance Center 2007 a Permanent Protection Order, and that Charles should give Daisy 4,000 per month as spousal subject of garnishment pursuant institution, Charles' employer. Section 8(g) applie sto all principle that general words and
vs Daisy R. Yahon support. He is also directed to give Daisy 50% of his retirement benefits w/c will be automatically to RA 9262. employers, whether private or government. Hence, the phrases of a statute should ordinarily
GR No 201043, June 16,2014 deducted and given to Daisy. AFPFC asserted that RTC had not acquired jurisdiction over the military petition was denied. be accorded their natural and general
institution due to lack of summons. RTC denied the motion. AFPFC contends that the directive to significance.
degregate a portion of Charles retirement benefitsis illegal as it is public fund.

Juanito Pilar vs Commission on Elections
GR No 115245, July 11, 1995
245 SCRA 759
Juanito C Pilar filed his certificate of candidacy fro the position of member of the Sangguniang
Panlalawigan in Isabela, he withdrew his certificate of candidacy on March 25,1992. The Comelec Yes, Sec 14 of RA 7166 states that "every candidate" has
imposed upon Juanito the fine of 10,000 for failure to file his statement of contributions and W/N the petitioner can be the obligation to file his statement of contribution and
expenditure. COMELEC denied the motion for reconsideration. COMELEC En Banc denied the considered a candidate despite expenditures. The law makes no distinction on whether the When the law does not distinguish,
petition as well. Sec 14 of RA 7166 provides that " Every candidate and treasurer of the political party the withdrawal of his certificate candidate pursued his candidacy or withdrew. The law also courts should not distinguish.
shall within 30 days after election, file a statement of all contributions and expenditures connected of candidacy. used the word "shall" which shows its mandatory
with the election." Juanito argues that he is a "non-candidate" since he withdrew his certificate of character.
candidacy three days after its filing.

People of the Philippines vs Hon. Judge Antonio
C. Evangelista and Guildo S. Tugonon
GR No 110898, February 20, 1996
253 SCRA 714
Guido S. Tugonon was charged and convicted of frustrated homicide in the RTC and was Yes, PD 1990 states that "no application for probation
sentenced to one year prision correccional and to pay the offended party 5,000. CA affirmed the W/N the RTC committed grave shall be entertained or granted if the defendant has
conviction but modified the penalty to 2 months of aresto mayor to 2 years and 4 months of prision abuse of its discretion by perfected the appeal from the judgement of conviction" When the law does not distinguish,
correccional. The case was set for repromulgation. Guido filed for probation. Isaias granting private respondent's and that the "filing of the application shall be deemed a courts should not distinguish.
Valdehueza(probation officer) recommended denial of application for probation stating that Guido application for probation waiver of the right to appeal" Guido was clearly precludedd
should applied for probation when he appealed the case. RTC set aside the recommendation and despite the fact that he had from the benefits of probation. Petition granted and
grabted the applcation for probation. appealed from the judgement of judgement granting probation set aside.
his conviction of the trial court.

Cecilio De Villa vs Court of Appeals
GR No 87416, April 8, 1991
195 SCRA 722
Cecilio S de Villa was charged before the RTC in Makati with violation of BP 22 (Bouncing Checks Yes, the law does not distinguish the currency involved in When the law does not make any
Law). It is undisputed that the check in question was executed and delivered by the Villa to private W/N dollar accounts in a foreign the case. Under BP 22 foreign checks provided that they exception courts may not except
respondent at Makati, Metro Manila. Villa argues that the check in question was drawn against his bank is still are either drawn and issued in the Philippines though something unless compelling reasons
dollar account with a foreign bank, not covered by BP 22. under BP 22. payable outside is within the coverage of the law. Petition exist to justify it.
dismissed.

Colgate-Palmolive Philippines, Inc. vs Hon. Pedro special excise tax on the foreign exchange under RA 601 (Exchange Tax Law). They filed with Central by petitioner for the importation
M. Gimenez as Auditor General
GR No. L-14787, January 28, 1961
1 SCRA 267
Colgate-Palmolive Philippines, Inc. a corporation engaged in the manufacture of toilet the term "stabilizers and flavors" is preceded by a
preparations and household remedies. It imports from abroad various materials to be used as number of articles that may be classified as food or food General terms may be restricted by
stabilizers and flavoring of dental creams. For every importation of these materials they pay 17% W/N the foreign exchange used products however other items following it do not belong specific words, with the result that the
to the same classification. (e.g. fertilizer and poultry feed) general language will be limited by
Bank 3 applications for refund of the special excise tax it paid amounting to P113,343.99. The refund of dental cream stabilizers and On the basis of the grouping of the articles alone it cannot specific language which indicates the
was based on sec 2 of RA 601 (foreign exchnage used for the charges incident to the importation in flavors is exempt from the 17% validly maintain that "stabilizers and flavors: only refer to statute's object and purpose. The rule
the Philippines of stabilizers and flavors shall be refunded..) The Officer-in-Charge of the Exchnage special excise tax imposed by food/ food products. The law does not distinguish between is applicable only to cases wherein,
Tax Administration of the Cenrral Bank approved the refund but the auditor of Central Bank refused the Exchange Tax Law so as to "stabilizer and flavors" used in foodprep and those for except for one general term, all the
to pass in audit the claims for refund. Petitioner appealed but affirmed the ruling of the auditor of entitle it to refund under Sec 2 manufactire of toothpaste , the court cannot distinguish. items in an enumeration belong to or
Central Bank, stating that the stabilizers and flavors mentioned are those used in food/food thereof. Decision reversed. fall under one specific case.
products.

Republic of the Philippines vs Hon. Eutropio
Migrino and Troadio Tecson
GR No 89483, August 30, 1990
189 SCRA 289
Lt.Col. Troadio Tecson was required by the Board to submit his explanation/comment together Ejusdem Generi, where the general
with his supporting evidence regarding his acquisition of wealth beyond his lawful income in W/N private respondent may be The term "subordinate" as used in EO 1 and 2 would refer words follow an enumeration of
violation of RA 3019. The New Armed Forces of the Philippines Anti-Graft Board recommend that investigated to one who enjoys a close association or relation with Pres persons or things by words of a
private respondent be prosecuted and tried for violation of RA 3019 (amended by RA 1379). Tecson and caused to be prosecuted by Marcos pr his wife similar to the immediate family particular, and specific meaning, such
filed a petition for prohibbition with preliminary injunction with the RTC. Petitioner filed a motion to the Board, an agency of the members, relative and close associate in EO 1 and close general words are not to be construed
dismiss on the ground that RTC has no jurisdiction of the Board. The issuance of a writ of preliminary PCGG for violation of Rep. Acts relative, business associate, dummy, agent or nominee in in their widest extent, but are to be
injunction was granted. Tecson states that he is not a subordinate contemplated in EO 1,2,14 and 14- Nos. 3019 and 1379 EO 2. The PCGG is prohibited from proceeding with the held as applying only to persons or
A and that PCGG has no jurisdiction to investigate him. PCGG argues that they have the power to investigationa and prosecution of respondent. things of the same kind or class as
investigate and prosecute the respondent because he is a "subordinate" of Pres Marcos. those specifically mentioned.

Fiscal Abundio R. Ello filed separate informations against 16 persons charging them with
squatting as penalized by PD 772. The case on the 5 informations of squatting were dismissed on the W/N the presidential decree N0. No, the intent fo the decree us unmistakeable. It is
The People of the Philippines vs Hon. Vicente B. ground that the accused entered the land through "stealth and strategy" but under the decree there 772 which penalizes squatting intended to apply only to urban communities particularly Rule of ejusdem generis, merely a tool
Echavez, Jr. et al. should be "force, intimidation or threat" and that under the rule of ejusdem generis the decree does and similar acts, applies to to illegal constructions. Ejusdem generis does not apply to of statutory construction resorted to
GR No L-47757-62, January 28,1980 not apply to the cultivation of a grazing land. The fiscl amended the information, and ask for agricultural lands. this case, since the legislative intent is certain. Affirmed the when legislative intent is uncertain.
95 SCRA 663 reconsideration. The motion was denied, stating that "for other purposes" does not include decision.
agricutural purposes.

Under the principle of ejusdem generis,

"where a general word or phrase
Alta Vista Golf and Country Club vs The City of Alta Vista Golf and Country Club is a non-stock and non-profit corporation operating a golf No, the Local Government Code defines Amusement Places follows an enumeration of particular
Cebu, Hon. Mayor Tomas R. Osmeña, in his course in Cebu. The Sangguniang Panglungsod of Cebu encacted an ordinance ("Revised Omnibus W/N the City of Cebu or any to include theaters, cinemas, concert halls, circuses and and specific words of the same class or
capacity as Mayor of Cebu and Teresita C. Tax Ordinance of the City of Cebu") in which under Sec 42 the tax ordinance on amusement tax was local government other places of amusement where one seeks admission to where the latter follow the former, the
Camarillo, in her capacity as the City Treasurer amended. (20% pf gross receipt on entrance etc.) In an Assessment Sheet of the petitioner they have can validly impose amusement entertain oneself by seeing or viewing the show or general word or phrase is to be
GR No 180235, January 20,2016 a deficiency in business taxes w/c includes amusement tax (2,612,961) Cebu tried to collect the tax to the act of playing golf. performance. The principle of ejusdem generis applies to construed to include, or to be
deficiency tax but petitioner refused, stating that the amendment on the tax imposition is illegal. this case. restricted to persons, things, or cases
Alta Vista was served a closure order. RTC- granted motion to dismiss of respondents. akint o resembling or of the same kind
or class as those specificlly mentioned.

Municipality of Nueva Era, Ilocos Norte, rep. by Nueva Era was created under EO No 66, on the other hand the Municipality of Marcos was No, only the barrios of Dingras from which Marcos
its Municipal Mayor, Caroline Arzadon-Garvida created under RA 3753 (An Act Creating the Municipality if Marcos in the Province of Ilocos Norte. W/N the eastern boundary of obtained in its territory are named in RA 3753. Since only Cassus omissues pro omisso habendus
vs Municipality of Marcos, Ilocos Norte, rep, by Under Sec 1 of said act the municipality shall be somposed of the listed barangays (Capariaan, Biding, Marcos extends the barangay of Dingras are enumerated as Marcos' est, that a
its Municipal Mayor, Salvador Pillos, aand the Escoda, Culiao etc) the municipality of Nueva Era or any of its barangays was not mentioned. over and covers a portion of territory, Nueva Era's territory is excluded. Since the person, object or thing omitted from an
Honorable Court of Appeals. However under the secomd paragraph in the description of Marcos' boundaries it claims the middle Nueva Era. barangays of Nueva Era were not mentioned in the enumeration must be held to have
GR No. 169435, February 27,2008 portion of Nueva Era. The Sangguniang Panlalawigan of Ilocos Norte ruled in favor of Nueva Era. RTC - enumeration of barangays, tehir omission must be held to been omitted intentionally.
547 SCRA 71 affirmed, CA - partly reversed the decision have been done intentionally.

Dra. Brigada S. Buenaseda, et al vs. Secretary
Juan Flavier, et al
GR No. 106719, September 21,1993
226 SCRA 645
Manolo P. Fule vs Court of Appeals
GR No. L-79094, June 22, 1988
162 SCRA 446
Purita Bersabal vs Hon. Judge Serafin Salvador
GR No. L-35910, July 21, 1978
84 SCRA 176
Office of the Ombudsman vs Merceditas de
Shagun, Manuela T. Waquiz and Raidis J. Bassig
GR No. 167982, August 13, 2008
562 SCRA 122
Loyola Grand Villas Homeowners (South)
Association, Inc. vs Court of Appeals
GR No. 117188, August 7, 1997
276 SCRA 681
Roos Industrial Construction, Inc. vs National
Labor Relations Commission
GR No. 172409, February 4, 2008
543 SCRA 666
W/N the Ombudsman has the
power to suspend
Dra Brigada Buenaseda seeks to nullify the order of Ombudsman directing there preventive government officials and Yes, Sec 24 of RA 6770 grants the Ombudsman the power Where a particular word is equally
suspension. (b/c of violation of the Anti-Graft and Corrupt Practices Acts) Respondents argue that employees working on the to preventively suspend public officials and employees susceptible of various meanings, its
the power of preventive suspension given by the Ombudsman under Sec 24 of RA 6770 was offices other than the Office of facing administrative charges before is procedural. It is an correct construction may be made
contemplated by Sec 13(8) Art XI of the Consti. Petitioners argue that under the Sec 13(3) of the the Ombudsman, pending the aid in the investigation of the administrative charges. In specific by considering the company of
Consti the Ombudsman cannot order preventive suspension but only reccomend to heads of the investigation of the order to make a determination whether to recommend terms in which it is found or with which
department. administrative complaints filed erring employees he has to conduct investigations and may it is associated.
againts said officials and nee dto suspend the respndent. Petition Dismissed.
employees.
The omission of the signature of the accused and his
Manolo P. Fule was convicted of violation of BP 22 (Bouncing Checks Law) by the RTC of Lucena W/N the unsigned stipulation of counsel as mandatory requirement (by the use of the word
on the basis of facts entered into between the prosecution and the defense during the pre-trial facts is admisible as evidence in "shall") by the Rules, renders the stipulation of facts Negative words and phrases regarded
conference. It appears that the stipulation of facts was not signed by the petitioner or his counsel. the court. inadmissible in evidence. Without said evidence as mandatory while those in the
However, petitioner waived his right to present evidence and in lieu submitted a memorandum independent of the admission, the guilt of the acused affirmative are mere directory.
confirming the stipulation of facts. CA - upheld the stipulation of facts and affirmed conviction. cannot be deemed beyond reasonable doubt.
W/N the mere failure of
appellant to submit on time the No, Sec 45 of RA 296 is clear that the submission of the The use of the word "may" in the
For failure of the petitioner to file her memorandum on time as required by the Court of First memorandum would give the memoranda is optional on the part of the parties. The court statute generally connotes a permissive
Instace of Caloocan City pursuant to the RA No 6031, her appeal was dismissed. court to dismiss the appeal on is not empowered by law to dismiss the appeal on the thing while the word "shall" is
the ground of failure to mere failure to an appelant to submit his memorandum. imperative.
prosecute. Order of respondent judge set aside.
W/N Sec 20 (5) of RA No 6770
prohibits administrative No, administrative offenses do not prescribe. Sec 20 (5) The use of the word "may" clearly
investigations in cases filed of RA No 6770 does not refer to prescription of the offense shows it is directory in nature an not
more than one year after but to the discretion goven to the Ombudsman on whether mandatory.
commission. it would invesigate the offense. The use of "may" is
construed as permissibve and operating t confer discretion.
LGVHAI an association of homeowners of Loyola Grand Villas did not file its corporate by-laws.
Soliven the president inquired about the status of LGVHAI and wa sinformed that it was W/N LGVHAI's failure to file its No, Sec 46 reveals the legislative intent to attach a
automatically dissolved because it did not submit its by-laws and there was non-user of corporate by-laws within the prescribed directory and not mandatory meaning to the word "must" The word "must" in a statute like
charter because they did not receive any report on the the assoc.'s activities. LGVHAI questioned the period had the effect of It necessarily follows that failure to file by-laws within that "shall" is not always imperative and
revoacation of the certificate of recognition w/o due notice or hearing and asked for the cancellation automatically dissolving the said period does not imply the "demise" of the corporation. may be consistent with an exercise of
of Nrth and South Assoc. HIGC Hearing Officer - favored the private respondents. HIGC dismissed the corporation. Petition Denied. discretion.
appeal of Noerth and South Assoc. CA- affirmed the decision of HIGC. They contend that the use of
"must" is obligatory in nature.
Jose Martillos filed a complaint against petitioners for illegal dismissal and money claims. LA,
ruled that respondent had been illegaly dismissed after finding that he had acquired the status of
regular employee. Petitioner were ordered to pay respondent. Petitioners filed a Memorandum of W/N the motion for extension No, the appeal bond, is not merely procedural but
Appeal before the NLRC on the last day of reglementary period. Instead of posting the surety bond of time to file cash or surety jurisdictional. Withouth said bond, the NLRC does not
they filed a Motion for Extension of Time to Submit/Post Surety Bond. (signatories to the bond were bond before the NLRC toll the acquire jurisdiction over the appeal. NLRC did not acquire The word "only" means exclusive.
on leave) NLRC did not act on the motion. NLRC - dismissed the petitioner's appeal for lack of reglementary period to appeal. jurisdiction over petitioner's appeal within the 10 day
jurisdiction, that the bond is an indsipensible requisite for the perfection of an appeal. CA- affirmed reglementary period.
the NLRC.

Philippine National Bank vs Court of Appeals
GR No. 98382, May 17, 1993
222 SCRA 134
Private respondent mortgaged two lots located in Bocaue, Bulacan to PNB. For failure to pay the W/N the petitioner bank No, the term "week" was interpreted to mean as a period
obligation PNB extrajudicially foreclosed the mortgaged proeprty and won the highest bidder at the complied with the consisting of seven consecutive days. The publication
auction sale. A final deed of sale was registered in Bulacan Registry of Property in favor of PNB. and requirement of weekly effected on April 19 cannot be contrued as sufficient A "week" means a period of seven
later sold to third persons. The notices of sale of appellant's foreclosed properties were published on publication of notice of advertisement for the second week because the period for consecutive days without regard to the
March 28(Fri) , April 11 (Fri)and April 12, 1969 (Sat) on the newspaper "Daily Record". Sec 3 of Act No extrajudicial foreclosure of the first week should be from March 28 to April 3 and April day of the week on which it begins.
3135 requires that the notice of auction sale shall be "published once a week for atleast three mortgages. 4 to April 10 (2nd week) Petition dismissed. Auction of Sale
consecutive weeks" Evidently, PNB failed to comply with this legal requirement. of Mortgaged Property deemed void and of no legal effect.

ALU-TUCP vs National Labor Relations
Commission and National Steel Corporation
GR No. 109902, August 2, 1994
234 SCRA 678
Petitioners filed separate complaints for unfair labor pratice, regularization and monetary
benefits with the NLRC. Labor Arbiter declared petitioners as "regular project employees who shall
continue their employment as such for as long as the project exists." but entitled to regular
employee salary. Pettioners argue that they are regular employees. Respondent argue that
petitoners are project employees as they were employed to undertake a specific 5 year project.
NLRC modified the resolution, affirmed that petitioners are project employees however to set aside
the award of benefits enjoyed by regular employees for lack of basis.
Yes, the second paragraph of Ast 280 of the Labor Code
W/N petitioners are properly provides that an employee who has served for atleats one
characterized as year shall be considered as regular employee relates to Proviso
"project employees" rather than casual employees and not to project employees. A proviso
"regular employees" of NSC. is to be construed w/ reference to the immediately
preceding part of the provision w/c it is attached.

CHAPTER 5

ARIS (Phil.), Inc. vs National Labor Relations
Commission, et al.
GR No. 90501, August 5, 1991
200 SCRA 246
Hon Alfredo S. Lim vs Hon. Felipe G. Pacquing contrary."
and Associated Development Corporation
GR No. 115044, January 27, 1995
Teofisto Guingona, Jr. and Dominador Cepeda, Sept 7, 1971 - Ordinance no 7065, w/c authorizes mayor to allow and permit the associated
Jr. vs Hon. Vetino Reyes and Associated
Development Corporation
GR No. 117263, January 27, 1995
Jovencio Lim and Teresita Lim vs The People of
the Philippines, The Regional Trial Court of
Quezon City, Branch 217, The City Prosecutor of
Quezon City, and Wilson Cham
GR No. 149276. September 27, 2002
Karen E. Salvacion vs Central Bank of the
Philippines
GR No. 94723, August 21, 1997
Carlos Alonzo and Casmira Alonzo vs
Intermediate Appelate Court and Tecla Padua
GR No. L-72873, May 28, 1987
On April 11, 1998 private respondents lodged an action against the management concerning
their hazardous working surroundings. They were then dismissed by the company. PR filed a No, it is a valid exercise of the police power of the state. Laws are presumed constitutional.
complaint for illegal dismissal with the NLRC. LA- in favor of PR (reinstatement) Pending appeal by W/N Sec 2 and Sec 12 of RA Preservation of the lives of the citizens is a basic duty of A law should not be declared invalid
petitioner, PR move for the issuance of writ of execution (RA 6715 Sec 12) Petititoner assails the 6715 is unconstitutional. the state. The state may authorize an immediate unless the conflict with the Consti is
unconstitutionality of Sec 2 and Sec 12 of RA 6715, allowing execution pending appeal of the implementation, pending appeal of a decision reinstating clear and unequivocal.
reinstatement of a dismissed or separated employee. adismissed employee. Petition Dismissed
June 18, 1949 - Charter of the City of Manila (Sec 18 - Municipal Board shall have the ff powers
"to tax, license, permit and regulate wagers or betting by public on boxing…jai-alai…as well as grant
exclusive rights to establishements for this purpose, notwithstanding any existing law to the
Jan 1, 1951 - EO 392, transfers the authority to regulate Jai-alai to the Games and Amusement Board No, There is nothing on record to show that PD 771 has
•June 20, 1953 - RA 954, An act to prohibit certain activities in connection w/ horse races and been repealed, altered or amended by any subsequent
basque pelota games (jai-alai) and to prescribe penalties for its violation. presidential issuance. The decision in the Court's First All laws are presumed valid and
W/N PD 771 is division aside from not being final does not have the effect constitutional until or unless otherwise
development corpo to establish and maintain Jai-alai in the city of Manila unconstitutional. of nullyifying PD 771. The republic may be allowed to ruled by the court.
•Aug 20, 1975 - PD 771, Revoked all powers and authority of LG to grant, franchise or permit wagers intevene in the case in the exercise of its governmental
or betting by jai-alai. Sec 3 expressly revoked all existing franchise and permits issued by local govt. fuction to protect public morals and promote the general
Oct 16, 1975, PD 810, granted the Philippine jai-alai and amusement corpo to operate and maintain welfare.
a fronton for basque pelota in the greater manila area.
•May 8, 1987 - EO 169, expressly repealed PD 810, revoking and cancelling the franchise granted to
Phil Jai-Alai.
May 1998, Associated Development Corpo tried to operate a Jai-alai. The govt through the Game
and Amusement Board invoked PD 771. ADC assails the consitutionality of PD 771 as violative of
equal protection and non impairment clause of the Consti.
No, Petitioners failed to present clear and convincing proof
W/N PD 818 is constitutional. to defeat the presumption of the constitutionality of PD The burden of proving the invalidity of
818. a law rests on those who challenge it.
On February 4, 1989, Greg Bartelli y Northcott, an american tourist, lured 12 y/o Karen Salvacion
to go to his apartment. He detained her for four days and raped her. Greg was arrested, the police W/N Sec 113 of Central Bank
recovered different dollar accounts from him. A criminial case for serious illegal detention, and 4 Circular 960 and Sec 8 of RA
counts of rape was filed against him. On Feb 24 he escaped from jail. The trial court issued a writ of 6426 as amended by PD 1246 Yes, if the questioned circular be made applicable In case of doubt in the interpretation
preliminary attachment and notice of garnishment to China Banking Corp. CBC invoked Sec 113 of (Foreign Currency Deposit Act) injustice would result especially to a citizen aggrieved by or application of laws, it is presumed
Central Bank Circular 960 that the dollar deposits of Bartelli are exempt from attachment, to be made applicable to a foreign foreign guest. This would also negate Art 10 of the NCC. that the lawmaking body intended right
encourage the inflow of foreign currency deposits into the banking institution. Judgement was transient. Petition Granted. and justice to prevail.
rendered agianst Bartelli and was ordered to pay the plaintiffs damages, China Bank Corpo and
Central Bank of Phil refused to honor it.
5 siblings inherited in equal shares a parcel of land. Celestino Padua transferred his share to the No, the other siblings were actually informed, although
petitioners by way of absolute sale. On April 22, 1964, Eustaquia Padua, his sister, sold her own share not in writing. The sales made and that such notice was
to the same vendee. The petitioners occupied after the sales 2/5 of the lot sold to them and sufficient. When the 1st complaint for redemption was
enclosed it with a fence. On Feb 25, 1976, Mariano Padua sought to redeem the sold area, but was filed the other co-heirs were actually informed of the sale
dismissed (American citizen).On May 27, 1977, Tecla Padua, filed her own complaint involving the W/N a written notice is and the 30 day period started and expired. When Tecla A law should not be interpreted so as
same right of redemption. TC dismissed it on the ground that the right has lapsed, not having been necessary in the case. filed her complaint, the right to redemption was already to cause an injustice.
exercised w/n 30 days from notice of sales. Even if there was no written notice, the actual extinguised. It is only an exception to the general rule
knowledge of the sales by the co-heirs satisfied the requirement of the law. Respondent court because of the circumstances of this case. Petition
reversed the decision, that actual notice wouldn't suffice as substitute to the written notice required, Granted.
citing a case, a written notice is needed even if no form was required.

Aleli C. Almadovar, General Manager Isawad, of ISAWAD was without legal basis. On April 26, 2007 Alamdovar filed an appeal w/c was endorsed to
Isabela City, Basilan Province, vs Chairperson the COA regional office. She insisted that her salary and her RATA was in accordance w/ RA 9286.
Ma. Garcia M. Pulido-Tan, Commission on Audit COA regional office affirmed the assailed ND's. It found that the increase in her salary was improper
GR No. 213330, Novemebr 16, 2015
Antonio A. Meano vs Commission on Audit
GR No. 103982, December 11, 1992
Danilo E. Paras vs Commission on Elections
GR No 123169, November 4, 1996
Commissioner of Internal Revenue vs ESSO
Standard Eastern, Inc. and the Court of Tax
Appeals.
GR No. 28502-03, April 18, 1989
Cesario Ursua vs Court of Appeals
GR No. 112170, April 10, 1996
CHAPTER 6
Miriam Defensor Snatiago, et al vs Commission
on Elections, Jesus Delfin, Alberto Pedrosa and
Carmen Pedrosa
GR No 127325, March 19, 1997
270 SCRA 106
No, the increase in salary of petitioner contravenes the
Aleli G Almadovar is the general manager of ISAWAD (a govt controlled and owned corpo made by provisions of the SSL. Congress could have amended Sec 23
PD 198/RA 9286). On Jan 25, 2007 Catalino S. Genel gave notice that the salary increase for the GM of PD 198 to expressly provide that compensation of GM is
exempted from the Salary Standardization Law. Water Repeal by implication is not favored by
W/N petitioner's salary Utility board of directors has the power to fix salary of gm law and is only resorted to in case of
increase was proper. but it must be in accordance the SSL. There is no irreconcilable inconsistency and
and inconsistent w/ RA 6758. COA- affirmed ruling of COA regional office. COA en banc - denied the irreconsilable inconsistency between the new and old law. repugnancy between the new law and
motion for reconsideration. Petitioner insists that the salary increase was proper that LWD's are RA 9286 did not expressly repeal SSL & RA 9286 did not the old law.
exempt from the coverage of the SSL in RA 9286 (implied repaeal of RA 6758) impliedly repeal SSL as well. Decision of the Commission on
Audit is affirmed.
No, the code used a general repealing provision. Comparing
Mecano, seeks to nullify the decision of the Commission on Audit denying his claim for the two codes it is apparent that the new code does not
reimbursement under Sec 699 of the Revised Administration Code in the total amount of P40,831. W/N the enactment of the cover nor attempt to cover the entire subject matter of the
Mercano (Director II of NBI) was hospitalized for cholecstitis (service-connected) from March 26 to Administrative Code of 1987 Old Code. There are several matters treated in the Old Repeals of statute by implication not
April 7 where he incurred medical and hospitalization expenses. COA chairman Domingo, denied his operates to repeal the Revised Code which are not found in the New code (provisions on favored.
claim on the ground that Sec 699 of RAC was repealed by Administration Code of 1987 for the same Administrative Code of 1917. notary public, the leave law) Petition Granted and
section was not restated. respondent was ordered to give due course to petitioner's
claim for benefits.
Paras is the incumbent punong barangay of Pula, Cabanatuan City who won the barangay The intent of the Sec 74 when (a) and (b) are construed
elections in 1994. A petition for his recall as punong barangay was filed by the registered voters. together designates the period when an elected official
COMELEC resolved to approve the petition, scheduled the petition signing on Oct 14, 1995 and set may be subject to recall election w/c is during 2nd year of
the recall election on Nov 13, 1995. 29.30 % voters signed the petition w/c is above the 25% required W/N SK Election can be his term in office. If SK election is included in regular local In the interpretation of a statute, the
by law, however, deferred the recall election in view of petitioner's opposition. Petitioner cites that considered a regular local election, no recall election can be conducted which is court should start with the assumption
Sec 74B of RA 7160 "no recall shall take place within 1 year immediately preceeding a regular local election. against the provision of the Local Govt Code. However, that the legislature intended to enact
election. That the scheduled Jan 13, 1996 recall election is barred by the SK Election on May 1996 recall is not possible at this time since the next regular an effective statute.
under RA 7808. election for barangay office is 7 months away. Dismissed
for being moot and academic.
No, since the amount of 221,033 belonging to ESSO was
ESSO overpaid its 1959 income tax by 221,033 which was granted as a tax credit by the already in the hands of the government, although the latter
commissioner on Aug 5, 1964. However, ESSO's payment of its income tax for 1960 was short by 367, had no right to the amount and was bound to return it to
994. The commissioner wrote to ESSO demanding payment of the deficiency tax w/ interest. ESSO ESSO, it was neither legally/logically possible for ESSO to be Statutes must receive a sensible
protested that it should not have been required to pay interest on the total amount of deficieny tax W/N ESSO should pay the considered a debtor of the government in the amount of construction such as will give effect to
(367,994) but only on the amount of 146,961 (367,994 - 221,033). ESSO asks for refund. Internal interest. 221,033, and whatever obligation ESSO migt incur in favor the legislative intention so as to avoid
Revenue Commissioner denied the claim for refund. CTA-ordered payment to ESSO of its refund of the govt would have to be reduced by that sum, in w/c an unjust or absurd conclusion.
claim in the amount of 39,787 as overpaid interest. no interest could be charged.
Petition for review denied.
Atty. Francis Palmones asked his client Ursua (petitioner) to take his letter requesting a copy of
complaint against the petitioner in the Office of the Ombudsman in Davao; Before going to the No, the use of fictitious name or different name belonging
office of ombudsman, Ursua approached Oscar Perez (firm's messenger) telling him his reluctancy in to another person in a single instance w/o any sign that the
asking for the copy since he is one of the respondents. Perez told Ursua to just sign his name if he W/N the use of a different name user intends to be known by this name in addition to his Presumption against undesirable
would be required to acknowledge a receipt. After arriving at the ombudsman, he signed Perez's belonging to another in isolated real name does not fall w/n the prohibition in CA 142. The consequences were never intended by
name in the visitor's logbook, and wrote Perez's name in acknowledging that he got the complaint transaction falls within the circumstance in this case is distinct and peculiar from those a legislative measure.
from Ms. Kahulugan. However, Kahulugan found out that the person who introduced himself as prohibition of CA No. 142 contemplated in CA 142. Judgement is reversed and set
"Perez" is actually the petitioner. She reported it to the deputy ombudsman. TC- guilty of violating aside, petitioner acquitted.
Sec 1 of CA 142 (RA 6085), CA- affirmed.
W/N RA 6735 was intended to No, no subtitle is provided for initiative on the
include initiative on Constitution. The main thrust of the Act is initiative and
amendments to the referndum on national and local news. The right of the Subtitle of the statute as Intrinsic aid in
Constitution; and if so whether people to directly propose amendments to the determining legislative intent
the act adequately covers such Constitution is far more important than the initiative on
initiative. national and local news.
 May 10, 1972 - PR purchased on installment basis from Eugenio and Salazar 2 lots in Quezon City.
The petitioner was ordered by the complaint filed by Delta Village Owner's Association to cease and
desist from making further sales of lots in the said village (NHA Resolution). While the complaint was
pending, PR filed with Office of Appeals, Adjudication and Legal Affairs (OAALA) a complaint against
petitioner and spouses Relevo, alleging that in view of the resolution, he suspended payment of his W/N the failure to develop a PD 957 is to be given a retroactive effect as to cover
amortizations, that he suspended his payments because of petitioner's failure to develop the village. subdivision constitute legal contracts executed prior to 1976. The intent of the law
Florencio Eugenio vs Executive Secretary but petitioner resold one of the lots to Relevo w/c was registered. PR prays for annulment of sale justification for the non- culled from its preamble must be enforced. PD 957 was The intent of the law as culled from its
Franklin M. Drilon, Housing and Land Use with Relevo and reconveyance of the lot. payment of amortizations by a enacted to provide a protective mantle over citizens who preamble and from the situation,
Regulatory Board and Prospero Palmiano buyer on installment under land may fall prey to the manipulations of subdivision sellers circumstances and conditions it sought
GR No. 109404, January 22, 1996 OAALA - uphold the right of petitioner to cancel contract with PR. dismissed PR's complaint purchase agreements entered w/c was clearly expressed in the preamble. Petition to remedy, must be enforced.
252 SCRA 106 Comission Proper of HSRC - reversed, applying PD 957, ordered petitioner to complete subdivision into prior to the enactment of Dismissed.
development and reinstate PR's purchase contract on one lot and refund PR for the other lot. PD 957.
Executive Secretary - affirmed HSRC, denied motion for recon

The People of the Philippines vs Hon. Vicente B. through "stealth and strategy" but under the decree there should be "force, intimidation or threat" W/N PD No 772 which penalizes apply to squatting in urban communities or particularyly to
Echavez, Jr. et al.
GR No L-47757-61, January 28,1980
95 SCRA 663
Petitioner's claim that the E.Sec. erred in applying PD 957 because the aggreements were entered in
1972 before the effectivity of PD 957 (1976), and that non payment of amortizations of PR is justified
by non developmnent of the village.
Fiscal Abundio R. Ello filed separate informations against 16 persons charging them with
squatting as penalized by PD 772 (took effect on Aug 20, 1975. The case on the 5 informations of
squatting were dismissed by Judge Echaves on the ground that the accused entered the land No, because the preamble shows that it was intended to
Preamble used as a guide in
and that under the rule of ejusdem generis the decree does not apply to the cultivation of a grazing squatting and similar acts, illegal constructions in squatter areas. It should be noted determining the intent of the
land. The fiscal amended the information, and ask for reconsideration. The motion was denied, applies to agricultural lands. that squatting on public agrcultural lands is punished by RA lawmaker.
stating that "for other purposes" does not include agricutural purposes, because the preamble does 947. Order of Dismissal Affrimed.
not mention the Secretary of Agriculture and makes reference to affluent class.

CHAPTER 7

Yes, the provisions of RA 382 gives a clue to the intent of It is a well-accepted principle that
ESSO operates a petroleum refining plant in Limay, Bataan and is the holder of Refining Concession the Philippine legislature, w/c is to encourage the where a statute is ambiguous, courts
No. 2 issued on Dec 9, 1957. Under Art 103 of RA 387 "during the 5 years ff the granting of any W/N the exemption enjoyed by exploitation and development of petroleum resources in may examine both the printed pages of
Commissioner of Customs vs ESSO Standards concession, the concessioniare may import free of customs duty, all equipment, machinery etc" ESSO Standard Eastern, Inc. the country. RA 1394 repealed and revoked stautes that the published Act as well as those
Eastern, Inc. respodnent imported and was assesed the special import tax w/c it paid under protest. Collector of from customs duties granted by had something to do w/ the imposition of special levies or extrinsic matters that may aid in
GR No. L-28329, August 7, 1975 Customs - ESSO was subject to the payment of the special import tax under RA 1394 (RA 2352). RA 387 should include the exemption from the burden of special import taxes, construing the meaning of the statute,
66 SCRA 113 Commissioner of Customs - affirmed the decision of Collector of Customs. Court of Tax Appeals - special import tax imposed by however the congress preserved the privileges under the such as the history of its enactment,
reversed the decision, ordered refund to ESSO. RA 1394 (Special Tax Law) Petroleum law to develop the petroleum resources in the the reasons for the passage of the bill
country. Petition Denied. and purposes to be accomplished by
the measure.

Misael P. Vera, as Commissioner of Internal

Revenue, and the Fair Trade Board vs Hon. Skimmed milk is different form filled milk. It cannot then
Serafin R. Cuevas, as Judge of the Court of First Commissioner of Internal Revenue, required PR to withdraw from the market all of their filled milk be readily or safely assumed that Section 169 applies both Opinions and rulings of officials of the
Instance of Manila, Branch IV, Institute of products w/c do not bear the inscription required by Sec 169 of Tax Code w/n 15 days from receipt to skimmed and filled milk. The Board of Food Inspection government called upon to execute or
Evaporated Filled Milk Manufacturers of the of the order. The respondent court issued a decision perpetually restraining the defendant from rendered in an opinion that filled milk does not come implement administartive laws
Philippines, Inc., Consolidated Milk Company requiring the plaintiffs to print on the labels of their filled milk with "not suitable for nourishment of within the purview of Sec 169, it being disctinct from those command much respect and weight.
(Phil.), Inc., and Milk Industies, Inc. infants.." declaring null and void and w/o authority in law the order of said defendant. specified in said sec. Decision affirmed in toto.
GR Nos. L-33693-94, May 31, 1979
90 SCRA 379
W/N

Philippine Association of Free Labor Unions February 27, 1976 - NAFLU in a certification election obtained 429 votes against 414 votes of PAFLU. There is no inconsistency between such rules and the Contemporaneous construction placed
(PAFLU) vs Bureau of Labor Relations, Carmelo C. Noriel, director of labor relations, certified that NAFLU is the exclusive bargaining agent of present Labor Code. The ruling in Allied arose during the upon a statute by executive officers
Honorable Carmelo C. Noriel, National all the employees in the Philippines Blooming Mills Co., Inc. under the implementing rules and period of Industrial Peace Act and not the present law. It charged with implementing and
Federation of Free Labor Unions (NAFLU), and regulations of the Labor Code. PAFLU objected and relied on the doctrine used in Allied Workers could not be applied. The conclusion is further supported enforcing the provisions of the statutes
Phil. Blooming Mills Co., Inc. Association of the Phil vs CIR that spoiled ballots should be counted in determining the valid votes by the construction placed by the executive officials should be given controlling weight,
GR No L-43760, August 21, 1976 cast. There were 17 spoiled ballots, they contend that there was grave abuse of discretion on the (Secretary Blas Ople) entrusted with the responsibility of unless such interpretation is clearly
72 SCRA 396 part of the director. applying a statute. Petition Dismissed. erroneous.

Cecilio De Villa vs Court of Appeals
GR No 87416, April 8, 1991
195 SCRA 722
The National Police Commission vs Honorable
Judge Salvador de Guzman, Jr., et al.
Gr No. 106724, February 9, 1994
229 SCRA 801
Casco Philippines Chemical Co., Inc. vs Hon.
Pedro Gimenez, in his Capacity as Auditor
General of the Philippines
GR No. L-17931, February 28, 1963
7 SCRA 347
Municipality of Nueva Era, Ilocos Norte, rep. by
its Municipal Mayor, Caroline Arzadon-Garvida created under RA 3753 (An Act Creating the Municipality if Marcos in the Province of Ilocos Norte.
vs Municipality of Marcos, Ilocos Norte, rep, by Under Sec 1 of said act the municipality shall be composed of the listed barangays (Capariaan, Biding, W/N the eastern boundary of
its Municipal Mayor, Salvador Pillos, aand the
Honorable Court of Appeals.
GR No. 169435, February 27,2008
547 SCRA 71
CHAPTER 8
Martin Centeno vs Hon. Victoria Villalon-
Pernillos and the People of the Philippines
GR No. 113092, September 1, 1994
236 SCRA 197
Cesario Ursua vs Court of Appeals
GR No. 112170, April 10, 1996
256 SCRA 147
Courts may avail themselves of the
Cecilio S de Villa was charged before the RTC in Makati with violation of BP 22 (Bouncing Checks The records of the Batasan, Vol III show the intention of the actual proceedings of the legislative
Law). It is undisputed that the check in question was executed and delivered by the Villa to private lawmakers is to apply the law to whatever the currency body to assist in determining the
respondent at Makati, Metro Manila. Villa argues that the check in question was drawn against his may be the subject thereof. Petition Dismissed. construction of a statute of doubtful
dollar account with a foreign bank, not covered by BP 22. meaning.
National Police Commission sent notices of retirement to PR who are all members of the defunct
Philippine Consabulary and reached the age of 56 (Sec 39, RA 6975, Compulsory Retirement). PR filed Yes, the law itself distinguishes INP from PC and it cannot
a complaint for declaratory relief w/ prayer for the issuance of a restraining irder oor injunction on be construed that INP as used in Sec 89 includes members
RTC, Makati. They state that the age of 56 set by Sec 19 cannot be applied because they are covered of PC. Examining the records of the Bicameral Conference In case of doubt as to what a provision
by Sec 89. That the term INP of Sec 89 includes both the former member sof PhilCon and local police W/N RA 6975 distinguishes INP Committee the legislature did intend to exlude the of a statute means, the meaning put to
force (Integrated National Police, PD 765). Petitioners, that the 4 year transition inSEc 89 applies only from PC. members of the PC from the coverage of Sec 89 insofar as the provision during the legislative
to local police force who previously retire at age 60 ranked police/fire lietenant or higher. RTC - in the retirement age is concerned. Petition Granted, Assailed deliberations may be adopted.
favor of private respondents. Petitioners, INP does not imply the same meaning in PD 765. PR, INP decision reveresed and set aside.
found n Sec 89 of RA 6975 refers to the INP in PD 765.
Casco Philippine Chemical Co., Inc. is engaged in the manufacture of synthetic resin glues used in
bonding lumber (Nov, Dec 1959 & May 1960). Producers bought foreign exchange for the
importation of urea and formaldehyde (main raw materials in the production of glues) and paid the W/N "urea" and "formaldehyde" The use of the term "urea formaldehyde" instead of "urea
corresponding margin fee by the Central Bank. The sought the refund of these margin fee relying on are exempt by law from the and formaldehyde" is conclusive upon the courts as regards Individual statements by members of
Resolution 1529 of the Monetary Board of the Ventral Bank (Nov 3, 1959) w/c states that separate payment of the afforesaid the tenor of the measure passed by Congress and approved Congresss on the floor do not
importation of urea and formaldehyde is exempt from said fee. Central Bank issued refund but the margin fee. by the President. Decision appealed from affirmed. necessarily reflect legislative intent.
auditor refused to pass it in audit, stating that the exemption granted by the monetary board is not
in accord with Sec 2, par XVIII of RA 2609. Auditor General - affimed auditor.
Nueva Era was created under EO No 66, on the other hand the Municipality of Marcos was
No, Only Dingras is specifically named by law as source
territory of Marcos. Hence, the said description of Courts may resort to the explanatory
Escoda, Culiao etc) the municipality of Nueva Era or any of its barangays was not mentioned. Marcos extends over and covers boundaries of Marcos is descriptive only of the listed note to clarify the ambiguous and
However under the secomd paragraph in the description of Marcos' boundaries it claims the middle a portion of Nueva Era. barangays of Dingras as a compact and contiguous ascertain the purpose and intent of the
portion of Nueva Era. The Sangguniang Panlalawigan of Ilocos Norte ruled in favor of Nueva Era. RTC - territory. statute.
affirmed, CA - partly reversed the decision
Officers of Samahang Katanddaan ng Nayon ng Tikay launched a fund drive for the purpose of
renovating the chapel of Barrio Tikay, Malolos, Bulacan. Martin Centeno w/ Vicente Yco approached No, the term "charitable" should be strictly construed so
Judge Adoracion G. Angeles and solicited 1,500 form her The solicitation was made without a permit W/N the phrase "charitable as to exclude solicitations for "religious" purposes. The
from DSWD. An information was field against Centeno, Evaristo and Yco for violation of PD 1564 purpose" should be construed in word "charitable" is a matter of description rather than of
(Solicitation Permit Law). They file a motion to quash information, that PD 1564 only ocvers its broadest sense so as to precise definition.
solicitations made for charitable or public welfare purposes and not for religious purpose. include a religious purpose.
Decision Reversed and Set Aside and the Petitioner
Trial Court - guilty pay a fine of 200 each, RTC, Yco withdrew, Affirmed the decision of TC modified Acquitted
the penalty, 6 months imprisonment and 1,000 fine. Motion for reconsideration was denied.
Atty. Francis Palmones asked his client Ursua (petitioner) to take his letter requesting a copy of
complaint against the petitioner in the Office of the Ombudsman in Davao; Before going to the No, the use of fictitious name or different name belonging
office of ombudsman, Ursua approached Oscar Perez (firm's messenger) telling him his reluctancy in to another person in a single instance w/o any sign that the
asking for the copy since he is one of the respondents. Perez told Ursua to just sign his name if he W/N the use of a different name user intends to be known by this name in addition to his Penal statutes should be construed
would be required to acknowledge a receipt. After arriving at the ombudsman, he signed Perez's belonging to another in isolated real name does not fall w/n the prohibition in CA 142. The strictly against the State and in favor of
name in the visitor's logbook, and wrote Perez's name in acknowledging that he got the complaint transaction falls within the circumstance in this case is distinct and peculiar from those the accused.
from Ms. Kahulugan. However, Kahulugan found out that the person who introduced himself as prohibition of CA No. 142 contemplated in CA 142. Judgement is reversed and set
"Perez" is actually the petitioner. She reported it to the deputy ombudsman. TC- guilty of violating aside, petitioner acquitted.
Sec 1 of CA 142 (RA 6085), CA- affirmed.

People of the Philippines vs Walpan Ladjaalam y
Mihajil
GR Nos 136149-51,September 19, 2000
340 SCRA 617
No, a simple reading shows that If an unlicensed firearm
is used in the commissiob of any crime, there can be no
Ladjaalam was charged and convicted by the Regional Trial Court of Zambianga City of the crime W/N accused appellant can be separate offense of simple illegal possession of firearms.
of Direct Assault with Multiple Attempted Homicide.for firing on unlicensed M-14 rifle at several convicted of Illegal Possession Since direct assault with multiple attempted homicide was
policemen who were about to enter his house to serve a search warrant. Under the same of Firearm under RA 8294 when committed in this case, appelant can no longer be held Penal laws are construed liberally in
circumstance he was likewise charged and convicted for the crime of Illegal Possesion of Firearm and he used said firearm in the liable for illegal possession of firearms. Morever, since the favor of the accused.
Ammunition penalized under PD 1866 (RA 8294) commission of another crime. crime committed was direct assault and not homicide or
murder, illegal possesion of firearms cannot be deemed an
aggrataing circumstance.

Commissioner of Internal Revenue vs La
Tondeña Distillers, Inc. (LTDI (now Ginebra San
Miguel)
GR No. 175188, July 15, 2015
On Sept 17, 2001, La Tondean Distillers Inc. entered into a Plan Merged with SBC, SMCJI, and Yes, the SC already ruled that Sec 196 of the NIRC does
MBWC. As a result of the merger the assets and liablities of the absorbed corporation were not include the transfer of real property from one
transferred to the surviving corporation who changed its name to Ginebra San Miguel, Inc. On Nov W/N the property absorbed by corporation to another. Sec 196 is imposed only on the Taxes must not be imposed beyond
25, 2001, BIR issued a ruling that pursuant to Sec 40(C)(2) and (6)(b) of the 1997 National Internal the surviving corporation in a transfer of realty by way of sale and does not apply to all what the law expressly and clearly
Revenue Code...the transfer pf assets such as real properties shall be subjected to documentary merger is exempt from the conveyances of real property. In a merger the real declares as tax laws must be contrued
stamp tax. Ginebra paid to BIR DST 14,140,980 but on Oct 14, 2003 claimed exemption from payin payment of Documentary Stamp properties are not deemed "sold" to the surviving strictly against the State and liberally in
DST. CTA - entitled to tax refund or tax credit . Sec 196 of NIRC does not apply becaus etehr eis no Tax corporation and the latter could not be considered as favor of the taxpayer.
purchaser or buyer in merger. CTA En Banc - affirmed purchaser. Petition Denied.

Republic of the Philippines vs Intermediate
Appellate Court and Sps. Antonio and Clara
Pastor
GR No 59344, April 26, 1991
196 SCRA 335
Republic of the Philippines through BIR commenced an action to collect from spouses Pastor
deficiency income taxes for the years 1955 ti 1959 in the amoun of 17, 117.08. The Pastors filed a The pastor's have already paid almost the equivalent In case of doubt, tax statutes are to be
motion to dismiss the somplaint but was denied. They filed an answer admititng that there was an amount to the gov't by way of amnesty taxes under PD 213 construed strictly against the
assessment against them of said amoint . But that they have availed of the tax amnesty under PD 23, and were granted not merely an exemption but an amnesty government and liberally in favor of the
213 and 370 and paid the corresponding amnesty taxes which was evidenced by the Government's for their past tax failings. The govt is estopped from taxpayer, for taxes, being burdens, are
Offciial Receipt No. 1052388. Trial Court - Pastor's had settled theire income tax deficiency from collecting the difference between the deficiency tax not to be presumed beyond what the
1955-1959 under PD 213. BY accepting the payment of the amnesty income taxes, the govt waived assessment and amount already paid as amnesty tax. applicable statute expressly and clearly
its right to further recover deficiency income taxes rom defendants under the existing assessment Petition Denied. declares.
against them. Intermediate Appellate Court - dismissed the govt's appeal.

Acting Commissioner of Customs vs Manila
Electric Company and Court of Tax Appeals
GR No L-23623, June 30, 1997
77 SCRA 469
W/N the claim for exemption
Manila Electric Co, claims that they are exempted from the special import tax under from tax statute be strictly
Sec 6, RA 1934 which exempts from tax, equipment and spare parts for use in industries and under construed against the
Par 9, Part 2 of its franchise which exempts insulators from all taxes. respondent Meralco.
No, the law is clear and unambiguous, the provision of
Sec 186-A, whenever a tax free product is utilized, all
encompassing to comprehend tax-free raw materials, even
if imported. Where the law provided no qualification for
the granting of the privilege, the court is not at liberty to
supply any.
As a rule, any claim for exemption
from a tax statute is strictly construed
against the taxpayer. However, where
the law is clear and unambiguous, the
law must be taken as it is, devoid of
judicial addition or subtraction.

Misamis Oriental Association of Coco Traders,
Inc
vs Department of Finance Secretary,
Commissioner of the Bureau of Internal
Revenue (BIR), and revenue district office, BIR,
Misamis Oriental
GR No 108524, November 10, 1994
238 SCRA 63
Misamis Oriental Association of Coco Traders Inc is a domestic corporation who is engaged in
the buying and selling of copra in Misamis Oriental. Before the issuance of Revenue Memorandum It is a non-food product. The opinion of the
Circular 47-91 w/c implemented VAT Ruling 190-90 copra was classified as agricultural food product Commissioner of Internal Revenue is entitled to great
under Sec 103(b) of the National Internal Revenue Code hence exempted from VAT at all stages of W/N copra is an agricultural weight. As the SolGen contends "nobody eats copra for Tax exemption must be strictly
production and distribution. Under Sec 103(a) the sale of agricultural non-food products in their food or non-food product. food". The previous commissioners consideration that construed against the taxpayer and
original state is exempt from VAT only if the sale is made by primary producer or owner of the land. copra is agricultural food is not a reason for the holding liberally in favor of the state.
Under Sec 103(b) the sale of agricultural products in their original state is exempt from VAT at all that the present interpretation is wrong.
stages of production regarless of who the seller is. The reclassification of the copra denied Misamis
the exemption it previously enjoyed whne copra was classified as agricultural food product.

Resins, Incorporated vs Auditor General of the
Philippines and the Central Bank of the
Philippines
GR No L-17888, October 29, 1968
25 SCRA 754
No, the Act speaks of "urea formaldehyde" as a whole and
Resins Inc, seeks refund from Central Bank claiming that it was exempt from margin fee under W/N Resins Inc is exempted not separately. A refund would partake the nature of tax
RA 2609 for the importation of urea and formaldehyde as separate units used for the production of from paying the margin fee exemption and exemption from taxation is not favored and Tax exemption strictly construed
synthetic glue. under RA 2609. never presumed, so if granted it must be strictly construed against the taxpayer.
against the taxpayer.

Rohm Apollo Semiconductor Philippines, vs
Commissioner of Internal Revenue
GR No 168950, January 14, 2015
Ong Chia vs Republic of the Philippines
GR No 127240, March 27, 2000
328 SCRA 749
Finman General Assurance Corporation vs Court and force) The beneficaries of the insurance policy filed a notice of claim to Finman w/c denied the
of Appeals
GR No 100970, September 2, 1992
213 SCRA 493
Government Service Insurance System vs
Marian
T. Vicencio
GR No 176832, May 21, 2009
588 SCRA 138
Maria E. Manahan vs Employees' Compensation Nazario Manahan Jr died of "Enteric Fever" while employed as a teacher in Las Pinas, Maria Manahan
Commission and GSIS
GR No L-44899, April 22, 1981
104 SCRA 198
Salvador Lzo vs Employees' Compensation
Commission and GSIS
GR No 78617, June 18, 1990
186 SCRA 569
Rohm Apollo is in the business of manufacturing semiconductor products particularly microship
transistors and tantalium capacitors. Prior to the comencement of its opearations Rohm Apollo
engaged the services of Shimizu for the construction of a factory and made initial payments. Rohm No, the CTA lost jurisdiction over Rohm Apollo's claim
Apollo treated the payments as capital goods purchases and filed with BIR an administrative claim for W/N the CTA acquired for a refund or credit. Rohm Apollo should have treated the A claim for tax refund or credit, like a
the refund or credit under Sec 112(b) & Sec 112(a) of the 1997 Tax Code. The administrative claim jurisdiction over the claim for CIR's inaction as denial of its claim. They would then have claim for tax exemption, is construed
was filed wwll within the two year prescriptive period. CIR had 120 days to act on the claim however the refund or tax credit of 30 days file judicial claim with the CTA (w/c should be on strictly against the taxpayer.
the time lapsed without any action by the CIR on the claim. Instead of filing a judicial claim, they filed unutilized input VAT. May 10, 2001) but they filed a petition for review with the
a petition for review. CTA First Division - denied the claim CTA en Banc - denied Rohm Apollo's CTA only on Sept 11, 2002, hence the claim was filed late.
Petition for Review.
Ong Chia was born in China, but moved to the Philippines when he was 9 years old, where he got W/N the documents annexed by
employed and evetually married (he had 4 kids) At the age of 66 he filed a verified petition to be the State to its appelant's brief
admitted as a Filipino citizen under CA 473 (Revised Naturalization Law) stating his qualifictions and w/o having been presented and Yes, Rule 143 of the Rules of Court state that the rule on Naturalization laws should be rigidly
lack of disqualifications. Durin the hearings he testified as to his qualifications and presented 3 formally offered as evidence formal offer of evidence does not apply on naturalization enforced and strictly construed in favor
witnesses. Prosexutor Moras was so impressed with his testimony that they did not present any under Rule 132, Section 34 of cases. It is only applicable when it is "practicable and of the government and against the
evidence to refute the testimony of the witnesses. Trial Court - granted the petition and admitted the Revised Rules on Evidence convenient". The presentation of evidence for the first time applicant.
Chia as Philippine Citizen. The SolGen appealed stating that Chia failed to support his petition with justified the reversal of the Trial on appeal appears to be more practical. Petition Denied.
appropriate evidence. CA -reversed the TC decision Court's decision.
Carlie Surposa who was insured with Finman General Assurance Corporation, died due to a stab Yes, the fact remains that the happenig was a pure accident
wound by 3 unidentified men while waiting for a ride home in Bacolod (insurance was in full effect on the part of the victm. The insurance policy also
W/N death resulting from specifically enumerated only 10 circumstances where no
claim stating that murder and assault are not w/n the coverage of the insurance policy. Insurance assault or murder deemed liability will be atached to the company for any of the Contracts of Insurance are to be
Commission - rendered a decision in their favor Appelate Court - affirmed the decision. Finman included in the terms "accident" stipulated cause. The failure to include death resulting construed liberally in favor of the
alleged grave abuse of discretion on the appelate court stating that death from murder are impliedly and "accidental" from murder among the prohibited risks gives a conclusion insured and strictly against the insurer.
excluded in the policy. Since the death of Carlie was nt accidental but a deliberate and intentional that it did not intend to exempt itself from liability. Petition
act. denied for lack of merit.
Judge Vicencio died due to Cardiopulmonary Arrest. No undrlying cause of death was indicated in his
death certificate. He was survived by his wife and daughter (Mary Joy). They applied for the death PD 626 is a social legislation hence as guaranteed by the The official agents charged by law to
benefits of Judge Vicencio with GSIS but was denied by Mr Alejo (manager of GSIS Employees W/N respondent Mrs Vicencio's constitution should adopt a liberal attitude in favor of the implement social justice guaranteed by
Compensation Department) stating that the illness of Judge Vicencio is not considered an claim for death benefits under employee. What the law requires is a reasonable work the Constitution should adopt a liberal
occupational disease and that there is no evidence showing that his work as RTC judge increased his Presidential Decree No 626 as connetion and not a direct casual relation. It is enough that attitude in favor of the employee in
risk of contracting said ailment. Mrs Vicencio's motion for reconsideration was denied. EEC - amended is compansable. his employment contributed even to a small degree to the deciding ckaims for compensability.
dismissed. CA - reversed and ordered GSIS to grant the claim. development of the disease.
Doubts in interpretation of
the widow, filed a claim with the Government Service Insurance for death benfit under PD 626, Applying the provisions of the Workmen's Compensation Workmen's Compensation and Labor
which denied the claim, stating that typhoid fever is not an occupational disease. Maria filed a Act the presumption of compensability subsits in favor of Code should be resolved in favor of the
motion for reconsideration stating that her husband's ailment was attributed to his employment. the claimant. ECC decision set aside. worker.
GSIS - affirmed the denial. ECC - affirmed the GSIS
Yes, there is no evidence that Lazo deviated from his usual
regular homeward route or that interruptions occurred in
Salvador Lazo, is a security guard of the Central Bank of the Philippines whose duty is from 2:00 pm W/N petitioner's injury comes the journey. EEC should adopt a liberal attitude in favor of
to 10:00 pm. On June 18, 1986 the guard who was supposed to relieve him failed to arrive, he within the meaning of and the employee in decidng claims for compensability. There
rendered overtime duty up to 5:00 am. On his way home, the jeepney he was riding turned turtle intendment of the phrase is no reason why employees should not be protected for a
due to the slippery road. He sustained injuries and was hospitalized. He then filed for disability "arising out of and in the course reasonable period of time prior to ro after workinghours Basically, social legislation is liberally
benefits under PD 626. GSIS - denied the claim stating that he was not at his workplace performing of employment" (Section 2, and for a reasobake distance before reaching or after construed.
his duties when the incident occured. EEC - affirmed the decision. Lazo claims that the injuries he Workmen's Compensation Act) leaving the employer's premises. Decision set aside and
sustained should be construed as "asrising out of or in the course of employment" reversed.
 Domingo Vicente, was employed as a nursing attendant at Veterans Memorial Medical Center. At the Yes, petitioner's permanent total disability is established
age of 45 and rendering 25 years of govt service he applied for optional retirement under Sec 12(c) of W/N the petitioner suffers from beyond doubt by several factors and circumstance. The
Domingo Vicente vs Employees' Compensation RA 1616, his reason is his inabaility to continue working as a result of his physical disability. Vicente permanent total disability a she approval of his optional retirement application proves that The sympathy of the law on social
Commission filed with GSIS an application for income benefits under PD 626 which was accompanied by claims, or from permanent he was no longer fit to continue his employment. ECC's security is towards its beneficiaries and
GR No 85024, January 23, 1991 necessary documents (Phycisian's Certification) w/c classified him under "permanent total partial disability as held by the decision set aside, petitioner is declared to be suffering the law by its own terms, requires a
193 SCRA 190 disability". Only for permanent partial disability was granted by GSIS, affirmed by Employees respondent commission. from permanent total disability. construction of utmost liberality in
Compensation Commission (ECC) their favor.

No, petitioner was already issued an initial clearance

Francisco S. Tantuico, Jr. vs Hon. Eufemio
Domingo
GR No. 96422, February 28, 1994
230 SCRA 391
On Jan 26, 1980, Francisco Tantuico, Jr. was appointed as chairman of the Commission of Audit to
serve a term of seven years (until Jan 26, 1987). He has discharged his duty as chairman of COA since
1975. He applied for clearance from all acountabilities in preparation for his retirement, w/c he
obtained a clearance with all the required signatures covering from 1976-1985. After EDSA
Revolution he submitted his resignation to Cory Aquino, relinquished his office to the new chairman
and applied for retirement. He sought for second clearance for Jan 1, 1986 to Mar 9, 1986, All
signatures except of Chairman Guingona were obtained. Guingona was replaced who indorsed his
retirement to GSIS. On Dec 21, 1989 Tantuico received a letter informing him of the approval of his
application for retirement. However, Domingo witheld 1/2 of Tantuico's retirement benefits.
W/N petitioner's retirement
benefits can be withheld
pending investigation of his
fiscal responsibility.
during his tenure, he also applied for second clearance.
Whatever infirmities existed in said clearance were cured Well-settled is the rule that retirement
after respondent chairman favorably indorsed Tantuico's laws are liberally interpreted in favor of
apllication for retirement to the GSIS. Which cleared that the retiree because the intention is to
Tantuico has no pending admin and crim case. Respondent provide for the retiree's sustenance
chairman can't withhold the benefits due to the petitioner and comfort, when he is no longer
under the retirement law. Petition Granted, compelling capable of earning his livelihood.
respondent chairman of COA to pay petitioner's retirement
benefits in full.

Vice-Mayor Marcelina S. Engle vs Commission
on Elections En Banc and Winston B. Menzon
GR No. 215995, January 19, 2016
Marcelina Engle and Winston Menzon vied for the position of Vice Mayor of Babatngon Leyte in
the 2013 Elections. Marcelina's late husband James was originally the candidate but he died, hence
Marcelina filed her COC as substitute candidate. Menzon filed a petition to deny due course / cancel
the COC stating that Marcelina is not qualified to substitute her husband who was declared an
independent candidate by COMELEC. James' certificate of nomination and acceptance (CONA) was Yes, the late submission of of Romualdez's authority to sign Laws hoverning election contests must
signed by LAKAS-CMD's pres Romualdez. However, LAKAS-CMD failed to submit to COMELEC the W/N petitioner can validly the CONA of James to the COMELEC was a mere be liberally construed to the end that
authorization of Romualdez to sign the CONA's of LAKAS-CMD candidates prescribed by Sec6(3) of substitute her husband James technicality that cannot be used to defeat the will of the the will of the people in the choice of
COMELEC Res 9518. Marcelina was proclaimed the winner, however the COMELEC 2nd Divisin thru a Engle after his unexpected electorate in a fair and honest election. Petition Grantedm public officials may not be defeated by
resolution cancelled Marcelina's COC w/c annulled her proclamation as VM and Menzon as winner. demise. COMELEC resolutiob reversed and set aside. mere technical objections.
COMELEC stated that Marcelina couldn't validly subsitute her husband who was deemed an
independent candidate for LAKAS-CMD's failure to submit Romualdez's authority to sign CONAs. In
another resolution COMELEC noted that the purported authorization of Romuladez to sign CONAs
was belatedly sumitted. COMELEC held that Menzon, the second placer should be declared winner
since the winner's COC is void ab initio. COMELEC En Banc - denied.

DSM Construction and Megaworld Globus Asia entered into agreements for the construction of a
condominium project owned by Megaworld Globus called "The Salcedo Park" with DSM as
contractor. In the course of construction of the project, differences with regards to billings arose
between the parties. DSM filed a complaint for compulsory arbitration before the CIAC claiming
payment of 97 Millions outstanding balance due from respondent pursuant to the agreements. CIAC - The appellate court should have been careful about
partially granted both claims with 62 million in favor of DSM. CA - affirmed the award however entertaining the petition intended to delay the satisfaction
DSM Construction and Development permanently enjoined petitioner from registering its contractor's lien on all except 6 units of the of judgement. Any court or tribunal that entertains such
Corporation vs Court of Appeals and Megaworld condominium proj. (coz principal award can be covered by the value of 6 condominium units). 7 W/N the CA gravely abused its baseless actions designed to thwart the execution of final
Globus Asia, Inc. units were levied as a result of Globus act of substituing 2 units for the one already paid for by the discretion when it issued the judgement acts with grave abuse of discretion tantamount
GR No 166993, December 19, 2005 buyer spouse Golan. Execution of Sale did not push through after issuance of TRO. SC - affirmed CA assailed February 21, 2005 to lack of jurisdiction. The abuse of discretion in this case Liberal construction of the Rules of
478 SCRA 618 and lifted TRO . CIAC gave the parties 10 days to agree on the satisfaction of the arbitral award Resolution and April 19, 2005 was manifested by the appellate court who took Court.
otherwise a writ of execution will be issued, CIAC issued a writ of execution. Globus sought to clarify Decision. cognizance of the case and issued the assialed restraining
that the writ should only be limited to 6 condo units. CIAC negated this. Globus filed a petition to CA order. Petition Granted, resolution and decision void and
to restrain the scheduled execution sale and to nullify orders of the CIAC. CA - restraining the set aside.
impementation of the writ as the holding of the auction sale. CA - declared CIAC's assailed order null
and void .
Chapter 9
Adorcion Carolino (Spouse and in Substitution
of the Deceased Jeremias A. Carolino) vs Gen.
Generoso Senga, as Chief of Staff of the Armed Myrna Villaruz informed him that his loss of fil citizenship caused the deletion of his name in the list retrospective application and be Retirement benefits due petitioner's husaband under RA only prospective operation, unless the
Forces of the Philippines; et. Al.
GR No 189649, April 20, 2015
retired officers and resumption of payment of his retirement benefits. RTC - granted the petition. CA -
Fernando Gallardo vs Juan Borromeo
GR No L-36007, May 25, 1988
161 SCRA 500
Pio Balatbat vs Court of Appeals and Domingo
Pasion
GR No 36378, January 27, 1992
205 SCRA 419
Erectors, Inc. vs National Labor Relations
Commission, Hon. Julio Andres, Jr. and Florencio salary and allowance of $210. He renewed his contract of employmentm w/ an increase in salary
Burgos
GR No 104215, May 8, 1996
256 SCRA 629
The law looks to the future only and
Jeremias A. Carolino, petitioner's husband, retired from AFP with the rank of colonel under No, PD 1638 should not have been applied and cannot be has no retroactive effect unless the
General Order No. 1208 pursuant to Sec 1(A) and 10 of RA 340. He started receiving his monthly used against the petitioner as her husband's retirement legislator may have formally given that
retirement pay of 18,315 in Dec 1976 until it was witheld by respondents in March 2005. Jeremias and pension were granted to him by AFP under RA 340 effect to some legal provisions; that all
wrote a letter to SFP Chief of Staff asking for the reasons of the withholding of his retirement pay. W/N PD 1638 be given a which was not superseded by PD 1638, a later statute. stautes are to be construed as having
of AFP Pensioners' Payroll (PD 1638) effective March 5, 2005.That he could be re-entitled to his considered as impliedly 340 is an acquired right which cannot be taken by a purpose and intention of the legislature
retirement benefits by complying with RA 9225 (Dual Citizenship Act). Under Sec 4,5,6 of RA 340 repealing RA 340 subsequent law. PD 1638 does not contain any provision to give them a retrospective effect is
retired military personnel are disqualified from receivig pension benefits if they swore allegiance to regarding its retroactive application. Petition Granted, expressly declared or is necessarily
another country. Jeremias filed a petiton seeking reinstatement of his name in the list of the AFP Decision of CA reversed and set aside. implied from the language used; and
that every case of doubt must be
granted respondents appeal (that PD 1638 repealed RA 340) resolved against retrospective effect.
Fernando Gallardo filed a complaint to terminate the leasehold of Juan Borromeo (a tenant) so No, the applicble law when Gallardo filed the complaint
that he may cultivate it himself as he had retired from his government job as a letter carrier. was Sec 36(1) of RA 3844. RA 6389 cannot be given a As a rule, laws cannot be given a
Borromeo alleged that Gallardo has no knowledge of farming and that his only purpose is to eject W/N the CA correctly gave retroactive effect in the absence of a statutory provision for retroactive effect in the absence of a
him. TC - dismissed the petition and ordered Gallardo to maintain the peaceful possesion of retroactive application to Sec 7 retroactivity or a clear implication of the law to that effect. statutory provision for retroactivity or a
Borromeo of the landholding. CA - affirmed the decision of the Court of Agrarian Reform applying Sec of RA 6389 Hence, Gallardo may terminate the tenancy of Borromeo clear implication of the law to that
7, RA 6389 (that the landowner's desire to cultivate the land himself is not a valid ground for and till his own land. Decision of the Agrarian Court and the effect.
dispossessing the tenant. Court of Appeals set aside.
Pio Balatbat is the agricultural lessee of a parcel of land in Sta Ana Pampanga which is owned by
Daniel Garcia. Garcia sold the land to Domingo Pasion and had it declared for taxation purposes.
Pasion, on a claim he will personally cultivate the land filed with the Court of Agrarian Relations a All statutes are to be construed as
complaint to eject Balatbat alleging that he had notified him of his intention to personally cultivate No, under Art 4 of the NCC, in order that a law may have having only a prospective operation
the land under Sec 36(1) of RA 3844, but after a lapse of 1 year from the notice of receipt, Balatbat W/N Sec 7 of RA 6389 should retroactive effect it is necessary that an express provision unless the purpose and the intention of
refused to vacate the land. TC - decision against Balatbat. CA - affrimed the decision of the agrarian be given retroactive effect. to this effect be made in the law, otherwise nothing should the legislature to give them a
court. During the pendency of the appeal, Congress passed RA 6389, Sec 7 w/c amended Sec 36(1) of be understood which is not embodied in the law. Petition retrospective effect is expressly
RA 3844 (personal cultivation no longer a ground to disposses an agricultural lessee. Hence, Pasion Dismissed. declared or is necessarily implied from
can no longer dispossess Balatbat on that ground because it has been removed from the statute the language used.
books.
Electors Inc. recruited Burgos to work as service contract driver in Saudi for 12 months w/ a salary
and allowance of $165/month and a bonus of $1000 if after 12 months he renews his employment
contract w/o availing of his vacation/home leave. The contract was approved by the Ministry of
Labor and Employment w/c was not implemented. In Dec 1979, Erectors notified Burgos that the
position was no longer available. They executed another contract for the position of helper/laborer
w/ a salary and allowance of $105/month, the contract was not submitted to the MLE for approval. No, at the time of the filing of the, the LA had clear Laws should only be applied
On Dec 18, 1979 Burgos left the country and worked for petitioner at Saudi. He received a monthly W/N EO 797 creating the jurisdiction over the same. The time Burgos filed his prospectively unless the legislative
Philippine Overseas complaint the prevailing law was PD 1691 w/c vested to the intent to give them retroactive effect is
($231). Burgos returned to Phil, and envoked his 1st employment contract demanding from Erectors Employment Administration be LA the exclusive jurisdiction over cases involving employer- expressly declared or is necessarily
the difference between his salary and allowance as indicated, and the amount actually paid to him given retroactive effect. employee relationship. The rule on prospectivity of laws implied from the language used.
plus contractual bous. Erectors denied his claim. Burgos filed with the LA a complaint for should apply to EO 797. it should not affect jurisdiction
underpayment of wages and nonpayment of overtime pay & contractual bonus. While the case was over cases filed prior to its effectivity. Petition Dismissed.
in conciliation EO 797 was created w/c vested the POEA w/ the jurisdiction over cases invloving
filipino workers for overseas employment. LA - decisionin favor of Burgos. NLRC - dismissed the
appeal on the question of jursidiction of LA, affirmed LA's decision. Erectors argues that EO 797
applies retroactively to effect pending cases including the complaint filed by Burgos.

Ambrosio Rotairo vs Rovira Alcantara and
Victor Alcantara
GR No. 173632, September 29, 2014
Rovira Alcantara filed a civil case for the recovery of possesion of a land in Cainta, Rizal.
(formerly owned by Rovira's father) Victor Alcantara and Alfredo Ignacio mortgaged the property to
Philippine Bank and Trust Company. After two years, the property was parceled out by Alcantara and
Ignacio through their firm and separately sold to different buyers. One of which is Ambrosio Rotairo
who bought 200 sq/m on installment basis. Rotairo constructed a house in the proeprty and after
completing the payments, a deed od absolute sale was executed. Alcantara and Ignacio defaulted in
their loan obligations causing Phil Bank to foreclose the mortgage on the entire property. The title
was consolidated in the name of Pilipinas Bank, who sold the property to Rovira, Alcantara's
daughter. Rovira filed a case for recovery of possession and Damages. RTC - dismissed the case, that
the transaction between Ignacio & Co and Rotairo was covered by PD 957. CA - reversed, turn over
the possession of the property to Rovira, stating that PD 957 is not applicable since the mortgage
was constituted prior to the sale to Rotairo. Rotairo insist on the applicability of PD 957 & the
transaction between Rotairo and Ignacio should fall w/n the protection of the law. Rovira relies on
the prior registration of the mortgage and the sale in her fvor against the petitioner's unregistered
transactions.
W/N PD 957 should be given
retrospective application.
Yes, as settled in the case of Eugenio vs Exec Sec Drilon
the specific terms of PD 957 provide for its retroactive
effect even to contracts and transactions entered prior to
its enactment. The contract to sell between Rotairo and The specific terms of a law may
Ignacio & Co was entered into 1970 and the agreement was provide for its retroactive effect even
fully consummated w/ Rotairo's completion of payments to contracts and transactions entered
and the execution of the Deed of Sale is his favor in 1979 into prior to its encatment.
hence PD 957 is applicable.Petition is granted, CA
resolution set aside.

Liza M. Quirog and Rene L. Relampagos vs
Governor Erico B. Aumentado
GR No. 163443, Novemebr 11, 2008
570 SCRA 582
On May 28, 2001, Rene Relampagos (Bohol provincial governor) permanently appointed Liza Quirog No, the CSC Resolution was issued 3 days after she took her All statutes are to be construed as
as Provincial Government Department Head of the Office of the Bohol Provincial Agriculture w/c was oath (June 1, 2001) Evidentlly Quirog's appointment should having only a prospective operation
confirmed by Sangguniang Panlalawigan, Quirog then took her oath. Before the issuance of the W/N Quirog's appointment not have been subjected to the requirements under said unless the purpose and the intention of
permanent appointment the PSB of HRM and Dev Office of Bohol issued a cert that Quirog was one violated Item no. 3 of CSC resolution as its application is against the prospective the legislature to give them a
of two candidates qualified for said position. The Director of Civil Service Commission regional Office Resolution No. 010988 dated application of las. Quirog's appointment did not violate the retrospective effect is expressly
invalidated Quirog's appointment upon finding that the same wa spart of the bulk appointments June 4, 2001 CSC Resolution, the said Resolution having taken effect declared or is necessarily implied from
issued by Relampagos w/c is in of Item No. 3(d) of CSC. (prohibition against the issuance of midnight after the appointment was extended. the language used.
appointments was already laid down as early as Feb 29, 2000.

The court sustained the imposed penalty fine of 10 Mil to

People of the Philippines vs Javier Morilla Y
Avellano
GR No 189833, February 05, 2014
be paid by each of the accused but amend the penalty to
On Oct 13, 2001, in Brgy Kiloloran, Quezon, Morilla, Mayor Mitra, Willie Yang and Ruel Dequilla reclusion perpetua under RA 7659 and the principle of
(all belonging to a syndicate crime group) helped one another in the transport of illegal drugs (503.8 retroactive applictaion of lighter penalty. Petition denied, Criminal statutes with a favorable
kg of shabu) by the use of a starex van w/ a commemorative plate "mayor" and a municipal W/N the penalty of life CA affimed with modifications. effect to the accused have, as to him,
ambulance. RTC - convicted Morilla and Mayor Mitra of illegal transport of shabu, penalty of life imprisonement is proper. a retroactive effect.
imprisonment. It absolved Dequilla and Yang due to insufficient evidence to convict them. CA - Sec 15, RA 6425 - imprisonment, 6yrs-12 yrs, 12,000
affirmed RTC, conspiracy between MItra and Morilla. PD 1683 - life imprisonment to death, 20-30,000
RA 7659 - reclusion perpetua to death, 500,000/1 Mil

People of the Philippines, Plaintiff-Appellee, vs

Proculo Mejeca y Montallana, Baldomero Lita Beriana (vault custodian of JTC Pawnshop owned by Victoria Tuparan) was fatally shot when No, RA 8294 considers the use of unlicensed firearm in Insofar as RA 8294 is not beneficial to
Quintina, Romeo Solarte, Diosecoro Narciso, she tried to flee to safety when armed men barged in the shop and took jewelries (3 Mil). Charged W/N RA 8294 which took effect the killing of a victim as an AC, cant be givem retroactive the accused because it unduly
Adlina Narciso, Nicolas Picache, Jr., Julie Hilario, forRobbery in Band w/ Homicide were the follwing; Montallana, Quintana, Solarte, Diosecoro on July 6, 1997, can be applied effect because it would be unfavorable to the accused. RA aggravatates the crime, such new law
Arnold Narciso and Dante Aras, accused. Arnold Narciso, Arnold Narciso and Dante Aras. TC - Arnold Narciso guilty beyond reasonable doubt for the against the accused-petitioner. 8294 is not beneficial to the accused because it aggravates will not be given retroactive
Narciso, accused-appellant. crime of Robbery w/ Homicide Art 294(1) of RPC w/ AC of use of unlicensed firearm and in band the crime. application, lest it acquire the character
GR No 146425, Novemebr 21, 2002 suffer penalty of death by lethal injection. of an ex post facto law.
392 SCRA 420

Yes, nowhere does the record show that

Aniceto C. Ocampo vs Court of Appeals
GR No 79060, December 8, 1989
180 SCRA 27
accused-petitioner's demurrer to evidence was filed with
Aniceto Ocampo was charged for violation of PD 772 (Anti Squatting Law) Upon arraignement he prior leave of court, the retroactive effect of the
pleaded not guilty. He waived the presentation of his evidence and instead filed a motion to dismiss W/N the Motion to Dismiss amendment would therefore work against the petitioner.
on the ground that prosecution did not present Transfer Cert of Title to prove ownership of the land, filed by accused-petitioner is a By moving to dismiss on the ground of insufficiency of Procedural Laws are retrospective.
and thatit failed to prove that the land where Ocampo built his house belongs to UP. TC - denied bar for him to present evidence. evidence, he waived his right to present evidence to
motion to dismiss, guilty beyond reasonable doubt. CA - affirmed the TC substantiate his defense and in effect submits the case for
judgement on the basis of the evidence for prodecution.

Yakult Philippines and Larry Salvado vs Court of injuries. A complaint for damages was filed by David Camaso (Roy's fther) against Yakult and Salvado.
Appeals
GR No 91856, October 5, 1990
190 SCRA 357
Teofilo Martinez vs People of the Philippines
GR No 132852, May 31, 2000
332 SCRA 694
Jaime Tan, Jr., as Judicial Administrator of the
Intestate Estate of Jaime C. Tan, Petitioner vs
Hon Court of Appeals and Jose A. Magdangal
and Estrella Magdangal, respondents
GR No 136368, January 16, 2002
373 SCRA 524
Wilson Diu and Dorcita Diu vs Court of Appeals
GR No 115213, December 19, 1995
251 SCRA 472
Municipality of San Narciso, Quezon vs Hon.
Antonio V. Mendez, Sr.
GR No 103702, December 6, 1994
239 SCRA 11
On Dec 24, 1982, Roy Camaso (5 yrs old) while standing on the sidewalk of M. dela Fuente,
Sampaloc Manila was sideswiped by a motorcycle driven owned by Yakult Philippines and driven by Even if the action was instituted before the promulgation
their employee, Larry Salvado. He was charged with reckless imprudence resulting to slight physical W/N a civil action instituted of 1985 RCP, provision may apply retrospectively. The
after the criminal action wa offended party has not waived the civil action nor
RTC - Yakult and Salvado were ordere dto pay jointly for the expenses incurred. Yakult and Salavdo sfiled would prosper even if reserved the right to institute it separately nor have they Procedural Laws have retroactive
claims that civil action for damages for injuries arising from negligence of Salvado w/o malice cant be there was no reservation to file insitutted a civil action prior to the crim action. The civil application
filed independently under Art 33 of CC. and that under Sec 1, Rule 3 of the 1985 Rules on Crim a separate civil action. action in this case was filed before presentation of
Procedure, separate civil actiob may not be filed unless reservation is expressly made. CA - dismissed evidence for the prosecution. Hence, the actual filing of the
the petition. civil action is even far better than the compliance with the
requirememt of an express reservation. Petition Dneied.
On Aug 23, 1994, Teofilo Martinez filed before CA a motion to litigate as pauper attached w/
supporting affidavits executed by himself and by 2 seemingly disinterested person attesting to hi A motion to litigate as an indigent can be made even
selligibility to avail of such privilege. CA - denied the motion and directed Martinez to remit the before the appellate courts, either for the prosecution of
docketing fees (420) w/n 5 days from notice. Martinez filed a motion for reconsideration w/c was W/N a motion to litigate as appeals, in petitions for review or in special civil actions. Opinions and rulings of officials of the
denied. He then filed a manifestation, transmitting the docket fee required under protest, this was pauper can be entertained by Sec 16, rule 41 of the 1964 Revised Rules of Courts was government called upon to execute or
evidenced by 2 postal money orders attached to the motion to litigate as pauper. CA - dismissed the appellate court. carried over in the 1997 Rules of Civil Procedure. implement administartive laws
petition, citing MArtinez's failure to pay the docket fee. CA - denied his latest motion stating that the Resolution set aside, petitioner allowed to litigate as command much respect and weight.
amount remitted was short of 150. pauper.
TRIAL COURT - 1. The contract between the parties is not an absolute sale but an equitable
mortgage. 2. Tan should pay to the respondents Magdangal w/n 120 days after the finality of the
decision 59,200 plus interest. CA - affirmed the decision of the trial court, both parties receive the
decision on Oct 5, 1995. The clerk of court entered in the book of entries of judgement the decision
w/c stated that the decision has become final and executory on Oct 21, 1995. The CA erred in applying the 1997 Revised Rules of
Procedure. Sec 1, Rule 39 of 1997 RRP should not be given
Magdangal filed a motion for consolidation and writ of possession, alleging that the 120 day period W/N Sec 1, Rule 39 of the retroactive effect as it would result in great injustice to the Section 1, Rule 39 of the 1997 Revised
of redemption of Tan has expired, that the period began 15 days after Oct 5, 1995 (date when the Revised Rules of Civil Procedure petitioner. The petitioner has the substantive right to Rules of Procedure should not be given
finality of the judgement of the TC as affirmed by CA commenced to run). Tan filed a motion for should be given retroactive redeem the subjet lot, he can't be penalized with the loss retroactive effect in this case as it
execution, Tan deposited with the clerk of court on April 17, 1996 the repurchase price of the lot plus effect. of the subject lot when he faitfully followed the laws and would result in great injustie to the
interest as ordered by the decision. TC - allowed Tan to redeem the lot, It ruled that 120 day period the rule on the period of redemption. Judgement and petitioner.
shalll be from the date of entry judgement (Mar 13, 1996) CA - set aside the ruling of TC applying resolution set aside.
1997 Revised Rules of Civil Procedure.
The rule that governs the finality of the judgement is Rule 51 of the Revised Rules of Court. However
the 1997 Revised Rules of Civil Procedure amended the rule on finality of judgement
Yes, It is undeniable that there was substantial compliance
with PD 1508 w/c does not require strict technical
Wilson Diu and Dorcita Diu filed a complaint for sum of money against private respondents. compliace with its procedural requirement. Although no
When the matter was brought before the Barangay Chairman of Naval the parties failed to reach W/N the confrontation before pangkat was formed, the court believes that there was Procedural provisions of the Local
amicable settlement. The barangay chairman issued a certification to file action. CA - the case was the Barangay Chairman of Naval substantial compliance with law. Under Sec 142 of the Government Code are retrospective.
dismissed, non compliance with PD 1508, since after the brgy capt's effor to settle the dispute failed, satisfied the requirement Local Gvt Code the confrontation before the Lupon
the Pangkat Tagapagkasundo was not constituted for settling the matter. therefore in PD 1508. Chairman or tha pangkat is sufficient compliace with the
precondition for filing case in court. Petition Granted, CA
decisionset aside and judgement of RTC reinstated.
Aug 20, 1959, Pres Garcia issued EO 353 creating the municipal district of San Andres, Quezon by
segregating from the municipality of San Narciso the barrios of San Andres, Mangero, Alibijaban,
Pansoy, Camflora, and Tala. Oct 5, 1965, Pres Macapagal issued EO 174, San Andres was officialy A quo warranto proceeding assailing the lawful authority of
recognized as a first class municipality starting July 1, 1963 under Sec 2, RA 1515. a political subdivision should be timely raised. San Narciso
San Narciso filed a petition for quo waranto against the officials of San Andres, praying for the challenged EO 353, 30 years after the creation of EO 353. Curative statutes are validly accepted
nullification o f EO 353, and that local officials San Andres be permanently ordered to refrain from San Andres has been considered to be one of the 12 in this jurisdiction subject to the usual
perforrming their duties. They claim that EO 353, was a clear usurpation of inherent powers of the municiplaities of Quezon under an ordinance. The power to qualification against impairment of
legislature and violative of separation of powers. San Andres filed a motion to dismiss stating that create political subdivisions is a function of the legislature. vested rights.
the case had become moot and academic with the encatment of RA 7160 (stating that municipalities Petition Dismissed.
shall continu to exist) TC - dismissed the petition for lack of cause of action that RA 7160 cured the
defects on the PD's and EO's, denying motion for reconsideration.

Briad Agro-Development Corporation vs Hon.
Dionisio Dela Cerna
GR No 83225, June 29, 1989
174 SCRA 524
Trade Union of the Philippines and Allied Services (TUPAS) filed a complaint for alleged
unpaid wages and wage supplement against Briad-Agro Development. Briad-Agro Dev failed to
submit controverting evidence despite due notice of Director Balbin who ruled in favor of the EO 111 a curative law (hence it has retroactive effect) made
employees and ordered them to pay 5,369,909. Briad-Agro Dev claims that the regional director has Zambales Base Metals vs Minister of Labor no longer a
no authority to entertain pecuniary claim of workers such as in the case of Zambales Base Metals vs good law. The amendment was meant to make both the Curative statutes have retrospective
Minister of Labor. NLRC - dimsissed the appeal on the stregth of EO 111 (jurisdiction on monetary Sec of Labor (Regional Directors) and the LA share effect.
claims was granted to regional directors) Briad-Agro Dev reiterates that jurisdiiction over money jurisdiction. Petition Dismissed.
claims is exclusive to the LA of NLRC (Art 217 of Labor Code). The Solicitor General relies on EO 111
w/c amended Art 128(b) of Labor Code,

March 30, 1989, Ballagan was convicted of violating Sec 4, Art 2 of RA 6425 (Dangerous Drug Act
of 1972). RA 6425 was amended by RA 7659. In People vs Simon, the court explicitly states that
beneficient provisions of the law shall be given retrospective effect especially the provision on
penalties imposed upon the quantity of the drugs involved. The marijuana transported in this case is
People of the Philippines vs Donald Ballagan more that 750 grams, the imposable penalty would be reclusion perpetua to death and fine of
GR No. 88278, August 23, 1995 500,000 to 10 Mil. Sec 27 of RPC was also amended by RA 7659 where reclusion perpetua is now 20
247 SCRA 535 years to 40 years, where before any person sentence with the penalty shall be pardoned after
undergoing the penalty of 30 years. On the other hand the penalty of life imprisonement was
correctly imposed on Ballagan, becuase no AC or MC were proven. Life imprisonment & reclusion
perpetua are different penalties. Reclusion Perpetua carries accesory penalties and after 30 years he
can be elligible to pardon, life imprisonment does not have any definite extent or duration.
No, In the event that RA 7659 is applies retrospectively to
Ballagan, he has to suffer not only reclusion perpetua but
also accessory penalties and the fine imposed on hm has a
minimum of 20,000, under the new law he would have to The beneficient provisions of RA 7659
W/N RA 7659 be given a pay 500,000 minimum. Hence the retrospective application shall begiven retrospective effect.
retroactive effect. RA 7659, where the penalty of life imprisonment has been
imposed by the TC would be more burdensome to
Ballagan. Judgement Affirmed.