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  • Tanada Vs Tuvera: People v. Que Po Lay 94 Phil 640

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    The Supreme Court ruled that all laws, including presidential decrees and administrative circulars, must be published in the Official Gazette in order to take effect. They held that the people need reasonable time and notice of new laws to understand how they will be regulated. Specifically, they acquitted a defendant charged with failing to follow an administrative circular that was not properly published. They also upheld a plaintiff's claim for damages against their employer, even though they had already received benefits from the state insurance fund, because they were unaware of the employer's negligence at that time.

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    The Supreme Court ruled that all laws, including presidential decrees and administrative circulars, must be published in the Official Gazette in order to take effect. They held that the people need reasonable time and notice of new laws to understand how they will be regulated. Specifically, they acquitted a defendant charged with failing to follow an administrative circular that was not properly published. They also upheld a plaintiff's claim for damages against their employer, even though they had already received benefits from the state insurance fund, because they were unaware of the employer's negligence at that time.

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    13 views3 pages

    Tanada Vs Tuvera: People v. Que Po Lay 94 Phil 640

    Uploaded by

    yna roxas
    The Supreme Court ruled that all laws, including presidential decrees and administrative circulars, must be published in the Official Gazette in order to take effect. They held that the people need reasonable time and notice of new laws to understand how they will be regulated. Specifically, they acquitted a defendant charged with failing to follow an administrative circular that was not properly published. They also upheld a plaintiff's claim for damages against their employer, even though they had already received benefits from the state insurance fund, because they were unaware of the employer's negligence at that time.

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    © All Rights Reserved
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    of 3

    TANADA VS TUVERA

    FACTS: Tanada seek a writ of mandamus to compel the respondents in their official capacities, to publish
    various presidential decrees in the official Gazette. The respondents on the other hand seeks to dismiss
    the case on the ground that the publication in the Official Gazette is not a sine qua non requirement for
    the effectivity of laws where the law themselves provide for their own effectivity dates.

    ISSUE: WON publication of the presidential decrees should be mandated for its effectivity

    HELD: The Supreme Court held that all laws must be given 15 days upon its publication in the OG for it to
    be enacted, to enable the people to have reasonable amount of time to be aware of laws which are to
    regulate their actions and conduct as citizens.

    People v. Que Po Lay 94 Phil 640


    FACTS: Que Po Lay was being charged under circular 20 for his failure to sell possessed foreign
    exchange to the Central Bank. He appealed that Circular No. 20 was not published in the OG thus,
    rendering it with no force and effect. The Solicitor General contends that publication of such circular
    is not required for its implementation. Thus, this appeal.

    ISSUE: WON publication of Circ. 20 is needed for the laws to take effect
    HELD: The Supreme Court acquitted Que Po Lay. As a rule, the court stated that circulars must be
    published before they become effective, based on the theory and principle that the public needs to
    be duly informed of a laws provision, before it can be bound by its contents.

    D.M. Consuji v. CA G.R. No. 137873

    Facts: Jose Juego, a construction worker of D. M. Consunji, Inc., fell 14 floors from the Renaissance
    Tower, Pasig City to his death. Jose Juegos widow, Maria, filed in the Regional Trial Court (RTC) of
    Pasig a complaint for damages against the deceaseds employer, D.M. Consunji, Inc. The employer
    raised the widows prior act of availing benefits from the State Insurance Fund. The Court of Appeals
    (CA) affirmed the decision of the RTC and rendered it in favor of Maria.

    ISSUE: WON Maria and Joses heirs can avail of themselves cumulatively of both actions against
    the employer and SIF.
    HELD: Generally, claiming damages to SIF under the Workmens compensation law, the claimant
    are deemed to have waived their known right of the remedies provided by other laws. The SC
    however held that the case at bar came under exception because private respondent was unaware
    of petitioners negligence when she filed her claim for death benefits from the State Insurance Fund.
    Had the claimant been aware, she wouldve opted to avail of a better remedy than that of which she
    already had.
    Cui v. Arellano University G.R. No. L-15127
    FACTS: Cui is a Law student in Arellano University under a scholarship grant with an agreement to
    waive his right to transfer to another school without refunding the school. On the 2nd sem of his
    fourth year in AU, he decided to transfer to Abad Santos. The defendant refused to release his TOR
    until he pay 1,033.87. Since Cui cannot take the bar without securing his TOR, he had no choice but
    to pay. This petition seeks to recover the amount Cui paid under protest.
    ISSUE: WON the said provision of contract is valid

    HELD: The court held that such provision is contrary to public policy and good morals or tends clearly
    to undermine the security of individual rights and hence, null and void. The court sentenced the
    defendant to pay Cui the sum of P1,033.87 with interest thereon at the legal rate from Sept.1, 1954,
    date of the institution of this case as well as the costs and dismissing defendants counterclaim.

    Miciano v. Brimo 50 Phil 867

    FACTS Juan Miciano, judicial administrator of the estate in question, filed a scheme of
    partition. Andre Brimo, one of the brothers of the deceased (Joseph Brimo) opposed Micianos
    participation in the inheritance. Joseph Brimo is a Turkish citizen.

    ISSUE: Whether Turkish law or Philippine law will be the basis on the distribution of Joseph
    Brimos estates.

    HELD:Though the last part of the second clause of the will expressly said that it be made and
    disposed of in accordance with the laws in force in the Philippine Island, this condition, described as
    impossible conditions, shall be considered as not imposed and shall not prejudice the heir or legatee
    in any manner whatsoever, even should the testator otherwise provide. Impossible conditions are
    further defined as those contrary to law or good morals. Thus, national law of the testator shall
    govern in his testamentary dispositions.
    The court approved the scheme of partition submitted by the judicial administrator, in such manner as
    to include Andre Brimo, as one of the legatees.
    Pilapil v. Ibay-Somera 174 SCRA 653

    FACTS: Imelda Pilapil married a german national in the federal republic of Germany. Conjugal
    disharmony eventuated in private respondent and he initiated a divorce proceeding against petitioner
    in Germany and was promulgated on the ground of failure of marriage of the spouses. After the divorce
    was decreed, the German National later filed 2 complaint for adultery before the City Fiscal of Manila
    alleging that while still married to Imelda, latter had an affair with William Chia as early as 1982 and
    another man named Jesus Chua sometime in 1983.
    ISSUE: Whether private respondent can prosecute petitioner on the ground of adultery even though
    they are no longer husband and wife as decree of divorce was already issued.
    HELD: Though in this case, it appeared that private respondent is the offended spouse, the latter
    obtained a valid divorce in his country, the Federal Republic of Germany, and said divorce and its
    legal effects may be recognized in the Philippines in so far as he is concerned. Thus, under the same
    consideration and rationale, private respondent is no longer the husband of petitioner and has no legal
    standing to commence the adultery case under the imposture that he was the offended spouse at the
    time he filed suit.

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