AUGUSTUS CEAZAR GAN vs. HON. ANTONIO REYES PEOPLE OF THE PHILIPPINES vs.

JOSELITO DEL ROSARIO

G.R. No.145527, May 28, 2002 G.R. No. 127755, April 14, 1999

Facts: Facts:
Quite apprehensive that she would not be able to send to school Joselito del Rosario was convicted of robbery with homicide for
her three (3)-year old daughter Francheska Joy S. Pondevida, the death of Virginia Bernas and sentenced to death. Del
Bernadette S. Pondevida wrote petitioner Augustus Caezar R. Rosario alleged that he was hired by Virgilio Santos to drive him
Gan demanding support for their "love child." Petitioner, in his to a cockpit and was not aware of the plan to rob and kill the
reply, denied paternity of the child. An exasperated Bernadette victim. He was prevented at gunpoint (gitutokan siyag pusil) by
thereafter instituted in behalf of her daughter a complaint his co-accused from leaving the crime scene during the
against petitioner for support with prayer for support pendente perpetration of the robbery and killing, and was only forced to
lite. help them escape after the commission of the crime. He
claimed exemption from criminal liability as he allegedly acted
Gan moved to dismiss on the ground that the complaint failed under the compulsion of an irresistible force. The trial court
to state a cause of action. He argued that since Francheska' s found Del Rosario guilty based on his presence at the scene of
certificate of birth indicated her father as "UNKNOWN," there the crime and his failure to report the incident to the authorities.
was no legal or factual basis for the claim of support. His
motion, however, was denied by the trial court. Issue:
Whether Del Rosario should be held criminally liable for the
Now, Gan is ordered by the court to give P20,000 every month crime of Robbery with Homicide
as a support to his illegitimate child. Pondevida then moved for
execution of the judgment of support, which the trial court Ruling:
granted by issuing a writ of execution, citing as reason therefore NO. The conviction of Del Rosario must be set aside and his
the private respondent’s immediate need for schooling. The claim for exemption sustained. Del Rosario was unarmed and
petitioner still is not satisfied with the decision so he filed an unable to protect himself when he was prevented at gunpoint
appeal concerning that the writ of execution must not be from leaving the crime scene during the commission of the
immediate on the reason that the mother of the child robbery and killing. Del Rosario acted under the compulsion of
committed adultery which qualifies as a defense against the an irresistible force and is therefore exempt from criminal
action for support. liability.

Daddy Augustus Gan argues that under the rules, a judgment for A person who acts under the compulsion of an irresistible force,
support which is subject of an appeal cannot be executed like one who acts under the impulse of an uncontrollable fear of
absent any good reason for its immediate execution. equal or great injury, is exempt from criminal liability, because he
does not act with freedom. Actus me invito factus non est meus
Issue: actus. An act done by me against my will is not my act. Del
Whether the appeal of the petitioner against the immediate Rosario was threatened with a gun, which constituted an
release of support will be honoured by the court. irresistible force that rendered him immobile and subject to the
will of his co-accused.

Ruling:
NO. Under Sec 4, Rule 39 of the 1997 Rules of Civil Procedure,
judgments for support are immediately executory and cannot be
stayed by an appeal. To consider the petitioner’s argument that
there should be good reasons for the advance execution of a LILY SY vs. HON. MERCEDITAS GUTIERREZ, ET AL.
judgment would violate the clear and explicit language of the G.R. No. 171579 November 14, 2012
rule mandating immediate execution.
Facts:
Petitioner is reminded that to the plain words of a legal provision In a Complaint-Affidavit filed by, petitioner, Lily Sy, she claimed
we should make no further explanation. Absoluta sententia that in the morning of December 16, 1999, respondents Benito
expositore non indiget. Indeed, the interpretation which Fernandez Go and Glenn Ben Tiak Sy, together with "Elmo," a
petitioner attempts to foist upon us would only lead to absurdity, security guard, went to petitioner's residence at the 10th Floor,
its acceptance negating the plain meaning of the provision Fortune Wealth, 612 Elcano St Binondo, Manila and forcibly
subject of the petition. opened the door, destroyed and dismantled the door lock then
replaced it with a new one, without Lily Sy's consent. She,
The money and property adjudged for support and education likewise, declared that as a diversionary ruse, respondent
should and must be given presently and without delay because Jennifer was at the lobby of the same building who informed
if it had to wait for the final judgment, the children may in the petitioner’s helper Geralyn Juanites that the elevator was not
meantime have suffered because of lack of food or have missed working. Glenn and Benito’s act of replacing the door lock
and lost years in school because of lack of funds. appeared to be authorized by a resolution of Fortune Wealth
Mansion Corporation’s Board of Directors.

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In the evening of the same date, petitioner supposedly saw his unpaid installments, Labrador sent a notarial cancellation i.e.
Benito, Glenn, Jennifer, Merry and respondent Berthold Lim rescission of the four contracts.
(Berthold) took from Lily Sy's residence numerous boxes
containing Lily Sy's personal belongings without her consent Mapa argued that Labrador cannot rescind because Labrador
and, with intent to gain, load them inside a family-owned must first comply with his contractual obligation on Clause 20
van/truck named "Wheels in Motion. The same incident to provide for lighting and water facilities to subdivision lot
supposedly happened in January 2000 and the "stolen" boxes buyers.
allegedly reached 34, the contents of which were valued at P10,
244,196.00. Mapa argues that Labrador is obligated to provide the lighting
and water facilities as mandated in Sec 20 of P.D. 957 stating
Respondents Benito and Berthold denied the accusations
against them. They explained that petitioner made the baseless SEC. 20. Time of Completion. — Every owner or developer shall
charges simply because she hated their wives Merry and construct and provide the facilities, improvements,
Jennifer due to irreconcilable personal differences on how to go infrastructures and other forms of development, including water
about the estates of their deceased parents then pending before supply and lighting facilities, which are offered and indicated in
the Regional Trial Court (RTC) of Manila, Branch 51. They also the approved subdivision or condominium plans, brochures,
manifested their doubts on the Lily Sy's capability to acquire the prospectus, printed matters letters or in any form of
personal belongings allegedly stolen by them. advertisements, within one year from the date of the issuance
of the license for the subdivision or condominium project or
Issue: such other period of time as may be fixed by the Authority.
Whether the respondent being a co-owner with the petitioner of
the subject property can be charged with robbery? According to Mapa, Labrador failed to perform the
aforementioned obligations, thus it is precluded from rescinding
Ruling: the subject contracts to sell since Mapa consequently did not
NO. Indeed, on second look, we note that what is involved here incur in delay on his part.
is a dispute between and among members of a family
corporation, the Fortune Wealth Mansion Corporation. Petitioner Issue:
Lily Sy and respondents Merry, Jennifer, and Glenn, all surnamed Whether Labrador is entitled to rescind the contracts of sale
Sy, are the owners-incorporators of said corporation, which with the petitioner.
owns and manages the Fortune Wealth Mansion where
petitioner allegedly resided and where the crime of robbery was Ruling:
allegedly committed. YES, Labrador has every right to cancel the contracts of sale,
pursuant to Clause 7 of the said contract for the reason of the
As part-owners of the entire building and of the articles allegedly lapse of five years of default payment from Mapa.
stolen from the 10th floor of said building … the very same
properties that are involved between the same parties in a Moreover, Mapa’s argument citing Section 20 of P.D. 957 is
pending estate proceeding, the respondents cannot, as denied.
co-owners, be therefore charged with robbery. The fact of
co-ownership negates any intention to gain, as they cannot steal Section 20 of P.D. No. 957, “ Every owner or developer shall
properties which they claim to own. construct and provide the facilities, improvements,
infrastructures and other forms of development, including water
Hence, even if we are to assume that private respondents took supply and lighting facilities, which are offered and indicated in
the said personal properties from the 10th floor of the Fortune the approved subdivision or condominium plans, brochures,
Wealth Mansion, they cannot be charged with robbery because prospectus, printed matters letters or in any form of
again, the taking was made under a claim of ownership. advertisements xxx.

Respondents should not be held liable for the alleged unlawful Mapa used Doctrine of last antecedent in the interpretation of
act absent a felonious intent. Actus non facit reum, nisi mens sit Section 20 and, correlatively, of Section 21 where he argues that
rea. A crime is not committed if the mind of the person the enumeration of "facilities, improvements, infrastructures and
performing the act complained of is innocent. other forms of development" interpreted to mean that the
demonstrative phrase "which are offered and indicated in the
approved subdivision plans, etc." refer only to "other forms of
development" and not to "facilities, improvements and
infrastructures.

MAPA vs. HON. JOKER ARROYO AND LABRADOR The argument was denied.
DEVELOPMENT CORPORATION
G.R. No. 78585 (July 5, 1989) The Court applied the rule ad proximum antecedens fiat relatio
nisi impediatur sentencia. Relative words refer to the nearest
Facts: antecedent, unless it be prevented by the context.
In 1975, four contracts of sale of subdivision lots were entered
by petitioner Jose Antonio Mapa and respondent Labrador In the present case, the employment of the word “and” between
Development Corporation (Labrador). After Mapa’s failure to pay “facilities, improvements, infrastructures” and “other forms of
development,” far from supporting Mapa’s theory, enervates

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(weakens) it instead since it is basic in legal hermeneutics that
“and” is not meant to separate words but is a conjunction used
to denote a joinder or union.

Thus, if ever there is any valid ground to suspend the monthly People v. Guillermo Manantan
installments due from petitioner, it would only be based on GR No. 14129
non-performance of the obligations provided in Clause 20 of the
contract, particularly the alleged non-construction of the MANANTAN JUSTICE OF PEACE ≅ JUDGE
cul-de-sac. But, even this is unavailing and is obviously being
used only to justify petitioner's default. The on-site inspection of Facts:
the subdivision conducted by the OAALA and its subsequent Guillermo Manantan is a justice of peace who violated Section
report reveal that Labrador substantially complied with its 54 of the Revised Election Code which is about aiding an
obligation. election candidate in the election. Manantan argued that the
words justice of peace is not included on the enumeration on
Moreover, P.D. No. 957 cannot be applied retrospectively since it Section 54 not like on the section 449 of the Revised
was issued on July 12, 1976 long after the execution of the Administrative Code. The rule of "casus omisus pro omisso
contracts involved (September 18, 1975 - lots 12 & 13; different habendus est'' is likewise invoked by the defendant-appellee.
months in 1976, lots 15 & 16). The Court found that Labrador Under the said rule, a person, object or thing omitted from an
has the right to rescind the contracts, Mapa’s suspended enumeration must be held to have been omitted intentionally. If
payments on the ground of nondevelopment was improper that rule is applicable to the present, then indeed, justices of the
since the period allowed for Labrador’s obligation to undertake peace must be held to have been intentionally and deliberately
such development has not yet expired. Thus, the petition was exempted from the operation of Section 54 of the Revised
dismissed. Election Code.

SEC. 54. Active intervention of public officers and

employees.—No justice, judge, fiscal, treasurer, or assessor of
any province, no officer or employee of the Army, no member of
MISAEL VERA, ET AL. vs. HON. JOSE F. FERNANDEZ, ET AL. the national, provincial, city, municipal or rural police force, and
G.R. No. L-31364, March 30, 1979 no classified civil service officer or employee shall aid any
candidate, or exert influence in any manner in any election or
Facts: take part therein, except to vote, if entitled thereto, or to preserve
The BIR filed on July 29, 1969 a motion for allowance of claim public peace, if he is a peace officer. (C. A. 357-48)
and for payment of taxes representing the estate's tax
deficiencies in 1963 to 1964 in the intestate proceedings of Luis Issue:
Tongoy. The administrator opposed arguing that the claim was Whether a justice of peace is included in the prohibition of
already barred by the statute of limitation, Section 2 and Section Section 54 of the Revised Election Code?
5 of Rule 86 of the Rules of Court which provides that all claims
for money against the decedent, arising from contracts, express Ruling:
or implied, whether the same be due, not due, or contingent, all YES. The rule "casus omisus pro omisso habendus est" has no
claims for funeral expenses and expenses for the last sickness applicability to the case at bar. The maxim "casus omisus" can
of the decedent, and judgment for money against the decedent, operate and apply only if and when the omission has been
must be filed within the time limited in the notice; otherwise they clearly established. In the case under consideration, it has
are barred forever. already been shown that the legislature did not exclude or omit
justices of the peace from the enumeration of officers precluded
Issue: from engaging in partisan political activities. Rather, they were
Does the statute of non-claims of the Rules of Court bar the merely called by another term. In the new law, or Section 54 of
claim of the government for unpaid taxes? the Revised Election Code, justices of the peace were just called
"judges."
Ruling:
NO. A perusal Section 2, Rule 86 shows that it makes no
mention of claims for monetary obligation of the decedent
created by law, such as taxes which is entirely of different
character from the claims expressly enumerated therein, such People v. Almuete
as: "all claims for money against the decedent arising from GR No. L-26551
contract, express or implied, whether the same be due, not due
or contingent, all claim for funeral expenses and expenses for Facts:
the last sickness of the decedent and judgment for money Wenceslao Almuete, Fernando Fronda, Cipriano Fronda and
against the decedent." Under the familiar rule of statutory Fausto Durion were charged with a violation of section 39 of the
construction of expressio unius est exclusio alterius, the Agricultural Tenancy Law. It was alleged in the information that
mention of one thing implies the exclusion of another thing not the accused being tenants of Margarita Fernando in her
mentioned. Thus, if a statute enumerates the things upon which riceland, without notice to her or without her consent,
it is to operate, everything else must necessarily, and by pre-threshed a portion of their respective harvests of five cavans
implication be excluded from its operation and effect. of palay each to her damage.

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The lower court held that the information is basically deficient back side of the front seat and went onto where Ma. Socorro
because it does not describe the circumstances under which was seated at the rear. He poked a gun at her and Isabelo, who
the cavans of palay were found in the possession of the earlier told her that Enrique is his nephew, announced, "ma'am,
accused tenants; it does not specify the date agreed upon for you know, I want to get money from you." She said she has
the threshing of the harvests, and it does not allege that the money inside her bag and they may get it just so they will let her
palay found in the tenants' possession exceeded ten percent of go. The bag contained P7,000.00. The two accused told her they
their net share based on the last normal harvest. wanted P100,000.00 more. Socorro agreed to give them that but
they would drop her at her gas station in Kamagong St., Makati
Issue: where the money is located. Beloy asked Socorro to issue a
Whether or not the tenant's act of pre-reaping and pre-threshing check for P100,000.00. Socorro complied. She drafted 3 checks
without notice to the landlord is punishable pursuant to Section in denominations of two for P 30 thousand and one for P 40
39 of the Agricultural Tenancy Law. thousand. Being able to escape by jumping out of the vehicle,
Socorro upon reaching Balintawak, reported the matter to
Ruling: CAPCOM.
NO. The prohibition against pre-reaping or pre-threshing found in
section 39 of the Agricultural Tenancy Law of 1954 is premised Issue:
on the existence of the rice share tenancy system. The evident Whether or not the said robbery can be classified as "highway
purpose is to prevent the tenant and the landholder from robbery" under PD No.532 (Anti-Piracy and Anti-Highway
defrauding each other in the division of the harvests. Thus, the Robbery Law of 1974)
legal maxim, cessante ratione legis, cessat ipsa lex (the reason
for the law ceasing, the law itself also ceases) applies to this Ruling:
case. No. PD No. 532 punishes highway robbery only acts of robbery
perpetrated by outlaws indiscriminately against any person or
Section 4 of the Code of Agrarian Reforms declared agricultural persons on Philippine highways and not acts of robbery
share tenancy throughout the country as contrary to public committed against only a predetermined or particular victim.
policy and automatically converted it to agricultural leasehold. The mere fact that the robbery was committed inside a car
Presidential Decree No. 2 proclaimed the entire country "as a which was casually operating on a highway does not make PD
land reform area". No 532 applicable to the case.

The legislative intent not to punish anymore the tenant's act of At the time when PD No. 532 was legislated, it considered that
pre-reaping and pre-threshing without notice to the landlord is during the American occupation of our country, roving
inferable from the fact that the Code of Agrarian Reforms did bands(mga gang2x) were organized for robbery and pillage and
not reenact section 39 of the Agricultural Tenancy Law and that since then the existing law against robbery was inadequate to
it abolished share tenancy which is the basis for penalizing cope with such moving bands of outlaws, the Brigandage Law
clandestine pre-reaping and pre-threshing. was passed. The purpose of brigandage is, inter alia,
indiscriminate highway robbery (walay pili kung kinsa ilang
As held in the Adillo case, the act of pre-reaping and ma-kawatan basta kay naa sa highway).
pre-threshing without notice to the landlord, which is an offense
under the Agricultural Tenancy Law, had ceased to be an Ang PD No. 532 was legislated during martial law, dayun gibase
offense under the subsequent law, the Code of Agrarian sa law iyang interpretation of highway robbery similar sa
Reforms. To prosecute it as an offense when the Code of brigandage law passed during the American period, and ang
Agrarian Reforms is already in force would be repugnant or gina punish sa PD 532 kay indiscriminate highway robbery. This
abhorrent to the policy and spirit of that Code and would conclusion is buttressed by the rule on contemporaneous
subvert the manifest legislative intent not to punish anymore construction, since it is one drawn from the time when and the
pre-reaping and pre-threshing without notice to landholder. circumstances under which the decree to be construed
originated. Contemporaneous exposition or construction is the
best and strongest in the law.

Dili ni muapply ani nga case kay dili indiscriminate ang pag rob
kay Mrs. Maria Socorro Mutuc-Sarmiento, gipili ug giplanohan jd
siya nga biktima.
People v. Isabelo Puno, et al.
GR No. 97471

Facts:
Mrs. Maria Socorro Mutuc-Sarmiento owns a bakeshop in United States v. Gaspar Alvir
Araneta Avenue, Quezon City called Nika Cakes and Pastries. At GR No. L-3981
around 5:00 in the afternoon of January 13, 1988, the accused
Isabelo Puno, who is the personal driver of Mrs. Sarmiento's Facts:
husband, arrived at the bakeshop. It is Mrs. Socorro's time to go This defendant Gaspar Alvir was accused before the court of
home to Valle Verde in Pasig came and so she got into the car. the justice of the peace of Bulacan, Province of Bulacan, of the
After the car turned right in a corner, it stopped and then a crime of seduction, and, having been found guilty, he was
young man, accused Enrique Amurao, and boarded the car sentenced to three months of arresto mayor, to pay an
beside the driver. Once inside, Enrique clambered on top of the "indemnity of P1,000 to the offended party, to acknowledge the

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offspring, to make an allowance of P15 monthly for subsistence Based on these interpretations, the court concluded that Alvir
until the child becomes of age, and to pay the costs of the does not have the right to keep the child in his own house and
proceedings." This is in accordance of Art 449 of the RPC which must continue making the monthly payments for support.
states that:
It is a juridical maxim, distingue tempora et concordabis jura.
Article 449 of the Penal Code: "Those guilty of . . . seduction . . . The Penal Code was promulgated as a law for the Philippines in
shall also be condemned, by way of indemnification: In all cases, 1884, and is interior to the Civil Code, which was not enforced in
to support the offspring." the Philippines until the latter part of 1889. In a similar case, the
Court held that the option which article 149 grants the person
From the above decision the defendant appealed to the Court of obliged to furnish nourishment, between paying the pension
First Instance of said province. Upon the evidence adduced at fixed or receiving and keeping in his own house the party who is
the trial the judge also found the accused guilty of the crime of entitled to the same, is not so absolute as to prevent cases
seduction and sentenced him to three months of arresto mayor, being considered wherein, either because this right would be
"with the accessory penalties thereof, to indemnify the girl, opposed to the exercise of a preferential right or because of the
Maria Sempia, in the sum of P500, to recognize the offspring, to existence of some justifiable cause morally opposed to the
allow her for the subsistence of said child the sum of P15 per removal of the party enjoying the maintenance, the right of
month, and to pay the costs." selection must be understood as being thereby restricted.

After the defendant had served his imprisonment, he filed a

motion asking the court to permit him to keep the child in his
own house and to be released from the obligation of paying to
the offended party the P15 monthly subsistence to the child. Arnel Sagana v. Richard Francisco
The accused based his claim on article 149 of the Civil Code GR No. 161952
stating
Facts:
Article 149 of the Civil Code: The person obliged to give support Petitioner Arnel Sagana filed a Complaint, before Regional Trial
may, at his option, satisfy it, either by paying the pension that Court of Quezon City, to recover damages alleging that on
may be fixed or by receiving and maintaining in his own home November 20, 1992, respondent Francisco with intent to kill him
the person having the right to the same. and without justifiable reason, shot him with a gun hitting him
on the right thigh.
Issue:
Whether the party who provides the subsistence is in this case On January 31, 1995, Process Server Manuel Panlasigue
entitled to claim that the person who enjoys the same shall live attempted to personally serve summons at respondent's
with him in his own house, and there receive the support which address at No. 36 Sampaguita Street, Baesa Q.C., but was
he is under obligation to provide. unsuccessful. In his Servers Return, he stated that the occupant
in that house refused to give his identity and that the respondent
Ruling: is unknown at said residence. The Trial Court also attempted to
No. The obligation stated by article 449 of the Penal Code was serve summons to the respondent's office through registered
construed, prior to the enforcement of the Civil Code, in the light mail, however, respondent failed to pick up summons.
of the said doctrines (see below bullet points). And after the
enforcement of the Civil Code it should be construed in a similar The case was dismissed by the Trial Court on account of
manner, because the rule in article 149 of the Civil Code is not petitioner's lack of interest to prosecute that he did not take
absolute. As long as the father shall support the child in his care action since the filing of the Servers Return. Petitioner filed a
it is not in violation of article 449 of the Penal Code. Motion for Reconsideration, contended that he exerted efforts
to locate the respondent, it was confirmed that respondent
Article 449 of the Penal Code: "Those guilty of . . . seduction . . . indeed lived at No. 36 Sampaguita Street, Bausa, Q.C. Trial Court
shall also be condemned, by way of indemnification: In all cases, granted the Motion with a condition upon the service of
to support the offspring." summon on the respondent within 10 days from the receipt of
the Order.
The court referred to previous decisions of the Supreme Court
of Spain, which interpreted a provision in the law of the Partidas, On August 25, 1995, Process Server Jarvis Iconar tried to serve
the law in force at the time the Penal Code was promulgated. summons at respondent's address but to no avail. In his
The Supreme Court of Spain held that the provision regarding handwritten annotation, he stated that respondent's brother,
support does not apply to natural children because the father Michael Francisco, told him that respondent no longer lived at
does not exercise parental authority over them, and it would be the said address, however, Iconar left a copy of the summons to
contrary to nature to deprive the mother of the care and Michael Francisco.
education of such children.
Petitioner filed a Motion to Declare Respondent in Default for
The court also cited a previous decision that stated the option failure of respondent to file Answer despite the service of
to keep the child in the father's house is not absolute and can be summons. The Trial Court declared that the summons was
restricted in cases where it would be opposed to the exercise of validly served to respondent, declared that respondent in default
a preferential right or morally opposed to the removal of the and allowed petitioner to present his evidence ex parte.
party enjoying the maintenance.

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Michael Francisco, through his lawyer filed a Manifestation and precedent towards an eventual just resolution. It is these
Motion, he denied that he received the summons and he was principles that animate our decision in the instant case.
authorized to receive on behalf of his brother. He prayed his
name to be stricken off the records as having received the copy
of summons. In his Affidavit of Merit, he asserted that he was
19 y/o, and respondent had left the house since 1993 and
respondent would only write or call them without informing his Liwag v. Happy Glen Loop Homeowners Association, Inc.
whereabouts. On the other hand, petitioner attached in his G. R. No. 189755
Rejoinder, the Affidavit prepared by respondent dated December
23, 1992, where declared he was a resident of No. 36 Facts:
Sampaguita St. Bausa Q.C. and the lawyer who notarized the In 1978, F. G. R. Sales, the original developer of Happy Glen
affidavit was the same lawyer who represented his brother. The Loop, loaned from Ernesto Marcelo, owner of T. P. Marcelo
Trial Court denied the Manifestation and Motion for lack of Realty Corporation. FGR Sales failed to settle its debts with the
merit, it rendered a judgment in favor of the petitioner, ordered latter, so, he assigned all his rights to Marcelo over several
respondent to pay the damages. parcels of land in the Subdivision including the receivables from
the lots already sold.
Respondent received the copy of the Trial Court's Decision, he
then filed a Notice of Appeal to the Court of Appeals. The As the successor-in-interest, Marcelo represented to lot buyers,
appellate court directed the parties to file respective briefs, a the National Housing Authority (NHA) and the Human
copy of which was sent by respondent at No. 36 Sampaguita Settlement Regulatory Commission (HSRC) that a water facility
St., Bausa, Q.C. Respondent prayed that the trial court erred in is available in the subdivision. The said water facility has been
assuming jurisdiction over the person, despite the irregularity of the only source of water of the residents for thirty (30) years.
the substituted service of summons by the court Process Server
and in awarding damages to petitioner. The Court of Appeals In September 1995, Marcelo sold Lot 11, Block 5 to
rendered a decision granting the Appeal of respondent and Hermogenes Liwag. As a result, TCT No. C-350099 was issued
setting aside the decision of the trial court for the irregularity of to Hermogenes Liwag. In 2003, Hermogenes died. Petitioner
the service of summons. Petitioner filed Petition for Review on Emeteria Liwag, wife of Hermogenes, subsequently wrote to the
Certiorari to Supreme Court. respondent Association demanding the removal of the over
headwater tank over the parcel of land Lot 11, Block 5.
Issue: Respondent association refused and filed a case before the
Whether the substituted service of summons was validly made Housing and Land Use Regulatory Board against T. P. Marcelo
upon respondent through his brother. Realty Corporation, petitioner and the surviving heirs of
Hermogenes.
Ruling:
YES. The Petition for Review on Certiorari was granted, the The HLURB ruling was in favor of the respondent Association.
Court of Appeals decision was reversed and set aside, and the One of the things it affirmed was the existence of an easement
Trial Court decision was reinstated and affirmed. Although, in for water system/facility or open space on Lot 11, Block 5 of
general, the statutory requirement of substituted service must TCT No. C-350099 wherein the deep well and overhead tank are
be followed strictly, faithfully and fully and that any substituted situated, thus declaring void ab initio the deed of sale. (basta
service other than that authorized by Rules is considered open spaces for the benefit of the community such as kani
ineffective. The Supreme Court ruled that strict application of which the only source of water sa mga residents, dili pwede
the Rules is not warranted to this case as it would clearly ibaligya) However, on appeal before the HLURB Board of
frustrate the spirit of laws as well as do injustice to the parties Commissioners, the Board found that Lot 11, Block 5 was not
waiting almost 15 years for resolution of this case. The an open space.
respondents actively attempt to frustrate the proper service of
summons by refusing to give their identity, rebuffing requests to Issue:
sign for or receive documents or eluding the officers of court. Whether or not the water facility in Lot 11, Block 5 of the Happy
Respondents tried to avoid the service of summons, prompting Glen Loop is considered an "open space" as defined in P. D. 1216
the court to declare that sheriff must be resourceful, but sheriffs and thus not for sale.
cannot be faulted of the respondent themselves engage in
deception to thwart the orderly administration of justice. Ruling:
Yes, the aforementioned parcel of land is considered an "open
It is, at times, difficult to reconcile the letter of the law with its space." The Court used the basic statutory construction
spirit. Thus, it is not altogether surprising that two competing principle of ejusdem generis to determine whether the area falls
values are usually discernable in every controversy – the under "other similar facilities and amenities" since P. D. 1216
principle of dura lex sed lex versus the notion that technicalities makes no specific mention of areas reserved for water facilities:
should yield to broader interests of justice. In our rules of Section 1. For purposes of this Decree, the term "open space"
procedure, for instance, judges often struggle to find a balance shall mean an area reserved exclusively for parks, playgrounds,
between due process considerations and a liberal construction recreational uses, schools, roads, places of worship, hospitals,
to secure a just disposition of every action. In such cases, where health centers, barangay centers and other similar facilities and
a measure of discretion is permitted, courts must tread amenities.
carefully, with due consideration of the factual milieu and legal
principles involved. In so doing, we take steps - sometimes Ejusdem generis - states that where a general word or phrase
tentative, sometimes bold - to apply prior experience and follows an enumeration of particular and specific words of the

STATUTORY CONSTRUCTION CASES | MINDANAO STATE UNIVERSITY COLLEGE OF LAW PAGE 6

same class, the general word or phrase is to be construed to
include or to be restricted to things akin to or resembling, or of
the same kind or class as, those specifically mentioned.

Applying that principle, the Court found out that the Bough and Bough v. Cantiveros and Hanopol
enumeration refers to areas reserved for the common welfare of GR No. 1330
the community. Therefore, the phrase "other similar facilities
and amenities" should be interpreted in like manner. It is without Facts:
a doubt that the facility was used for the benefit of the Defendant Matilde Cantiveros is regarded as the richest resident
community. Water is a basic necessity, without which, survival in of Carigara, Leyte and was the owner of various parcels of realty
the community would be impossible. Hence, the subject parcel of the value of thirty thousand pesos or more. In 1912, she
of land is considered an open space. signed a marital contract of separation from her husband.
Petitioner Basilia Bough is the cousin of the defendant and was
The law expressly provides that open spaces in subdivisions are married to Gustavus Bough.
reserved for public use and are beyond the commerce of man.
The Court ruled that the sale of the subject parcel of land by the Through the influence of Gustavus Bough, who brought a story
subdivision owner or developer to the petitioner's late husband to Cantiveros that her husband was in town and might contest
was contrary to law. the contract for the separation of the conjugal property, Matilde
Cantiveros was induced to sign a fictitious contract of sale of all
her property to Basilia Bough. By this deed, Matilde Cantiveros
purported to convey sixty-three parcels of land, the real value of
which was over P30k, for P10k, although no evidence that any
such sum ever passed between the parties. As an assurance,
Ormoc Sugar Company, Inc. v. The Municipal Board of Ormoc the spouses Bough signed a document donating the said
City properties to Cantiveros in case of their death and their children.
GR No. L-24322
Petitioners Basilia Bough and Gustavus Bough sought to have
Facts: themselves put in possession of the property covered by the
The Municipal Board of Ormoc City enacted and approved an deed of sale quoted in the complaint, and to require the
ordinance providing the regulation of the City Tax which as defendant Matilde Cantiveros to pay them damages and costs.
amended reads as follows: Cantiveros answered with a general denial and a special
defense in which she asked that judgment be rendered
SECTION 1. City Tax. — There shall be paid to the City Treasurer declaring the contract of sale made between herself and Basilia
on any and all productions of centrifugal sugar (B-Sugar locally Bough null and void. The plaintiffs, thereupon, denied under oath
sold or sold within the Philippines a city tax of Twenty Centavos the genuineness and due execution of the so-called donation
(P0.20) per picul and one percentum (1%) on the gross sale of inter vivos set forth in the answer.
its derivatives and by-products produced by the Ormoc Sugar
Company, Incorporated, or by any other sugar mills [sic] in The Court of First Instance of Leyte, therefore, declared the
Ormoc City. deed of sale fictitious, null, and without effect.

Its validity was assailed before the Court of First Instance of Issue:
Leyte, and the lower court sustained its validity in its decision, WON the Deed of Sale, hereby a fictitious document, is valid and
hence this appeal. has legal effects?

Issue: Ruling:
WON the Municipal Ordinance assailed in this case is valid? NO. As the maxim goes, "Ex dolo malo non oritur actio," it is well
settled that a party to an illegal contract cannot come into a
Ruling: court of law and ask to have his illegal objects carried out. The
YES. Section 2 of the Local Autonomy Act enlarged the sphere law will not aid either party to an illegal agreement; it leaves the
of autonomy granted to chartered cities in terms of enactment parties where it finds them.
of taxing measures.
Where, however, the parties to an illegal contract are not equally
Section 2 of the Local Autonomy Act is sufficiently plenary to guilty, and where public policy is considered as advanced by
cover "everything, excepting those which are mentioned" therein, allowing the more excusable of the two to sue for relief against
subject only to the limitation that the tax so levied is for "public the transaction, relief is given to him. Cases of this character
purposes, just and uniform" are, where their conveyance was wrongfully induced by the
grantee through imposition or overreaching, or by false
The coverage of the Ordinance does not come under any of the representations, especially by one in a confidential relation. The
specific exceptions listed in Section 2 of the Local Autonomy Court, therefore, affirmed the decision of the trial court against
Act. the petitioners.

Not being exempted, it must be regarded as coming within the

purview of the general rule as the maxim goes, "Exceptio firmat
regulam in casibus non exceptis".

STATUTORY CONSTRUCTION CASES | MINDANAO STATE UNIVERSITY COLLEGE OF LAW PAGE 7

 salaries, personnel-related benefits and scholarship grants are
not among those authorized as lawful expenditures of the SEF
under the Local Government Code, they should be deemed
excluded therefrom.
Coconut Oil Refiners Association, Inc. v. Hon. Ruben Torres, et
al Issue:
GR No. 132527 Whether the salaries and personnel-related benefits of public
school teachers in connection with the establishment and
Facts: maintenance of extension classes, as well as the expenses for
This is a Petition to enjoin and prohibit the public respondent college scholarship grants, be charged to the SEF
Ruben Torres in his capacity as Executive Secretary from
allowing other private respondents to continue with the Ruling:
operation of tax and duty-free shops located at the Subic YES. The salaries and personnel-related benefits of public
Special Economic Zone (SSEZ) and the Clark Special Economic school teachers in connection with the establishment and
Zone (CSEZ). Petitioners contend that the wording of RA 7227 maintenance of extension classes may be charged to the
clearly limits the grant of tax incentives to the importation of Special Education Fund (SEF).
raw materials, capital and equipment only. Hence, they claim
that the assailed issuances constitute executive legislation for Under Section 1(a) R. A. No. 5447, the SEF may be expended
invalidly granting tax incentives in the importation of consumer exclusively for the following activities of the DECS
goods such as those being sold in the tax-free and duty-free the organization and operation of such number of extension
shops, in violation of the letter and intent of Republic Act No. classes as may be needed to accommodate all children of
7227. school age desiring to enter Grade I, including the creation of
positions of classroom teachers, head teachers and principals
Issue: for such extension classes.
WON the tax and duty-free importations of those entities in the
economic zone is merely limited to importations of raw Under the doctrine of necessary implication, the allocation of
materials, capital, and equipment and not include importation of the SEF for the establishment and maintenance of extension
consumer goods? classes logically implies the hiring of teachers who should, as a
matter of course be compensated for their services. Every
Ruling: statute is understood, by implication, to contain all such
NO. The phrase "tax and duty-free importations of raw materials, provisions as may be necessary to effectuate its object and
capital and equipment" was merely cited as an example of purpose, or to make effective rights, powers, privileges or
incentives that may be given to entities operating within the jurisdiction which it grants, including all such collateral and
zone. Public respondent SBMA correctly argued that the maxim subsidiary consequences as may be fairly and logically inferred
"expressio unius est exclusio alterius", on which petitioners from its terms. Ex necessitate legis. Verily, the services and the
impliedly rely to support their restrictive interpretation, does not corresponding compensation of these teachers are necessary
apply when words are mentioned by way of example. Thus, and indispensable to the establishment and maintenance of
importation of consumer goods in the Economic zones are also extension classes.
tax free and duty free.
However, with respect to college scholarship grants, the Court
ruled that they are not among the projects for which the
proceeds of the SEF may be appropriated. Scholarship
grants may be charged to the General Funds of the
province. The grant of scholarship is neither necessary nor
indispensable to the operation and maintenance of public
COA Cebu v. Province of Cebu
schools.
GR No. 141386

Facts:
The provincial governor of the province of Cebu, as chairman of
the local school board, under Section 98 of the Local
Government Code, appointed classroom teachers who have no
items in the DECS plantilla to handle extension classes that
would accommodate students in the public schools. It was
charged against the provincial Special Education Fund (SEF)
along with college scholarship grants of the province.
Consequently, COA issued Notices of Suspension saying that
disbursements for the salaries and scholarship grants are not
chargeable to SEF. Faced with the Notices of Suspension, the
Province of Cebu filed a petition for declaratory relief with the
trial court to which a decision declaring the questioned
expenses as authorized expenditures of the SEF was rendered.

The COA filed an instant petition. Invoking the legal maxim

"expressio unius est exclusio alterius." COA alleges that since

STATUTORY CONSTRUCTION CASES | MINDANAO STATE UNIVERSITY COLLEGE OF LAW PAGE 8

 Commissioner of Customs v. Court of Tax Appeals
PEOPLE V. QUIACHON G.R. No. L-41861, 23 Mar 1987
G.R. NO. 170236, 31 AUG 2006
FACTS:
FACTS: On July 20, 1966, the vessel SS "NORMAN," arrived at the port of
Roberto Quiachon faced charges for the qualified rape of his Manila carrying, among others, a shipment of 1,400 Multiwall
daughter, Rowena Quiachon y Reyes, a deaf-mute child aged 8, Paper Bags. The vessel's cargo manifest shows that the gross
on May 12, 2001, in Pasig City, Philippines. The prosecution weight of said articles was 3,620 kilos, but based on the bill of
brought forward several witnesses, including Rowel Quiachon, lading and customs appraisal, the actual and correct weight
the victim's sibling who witnessed the assault; Rowena, who thereof was 36,197 kilos.
testified through sign language; Dr. Miriam Sta. Romana
Guialani, who provided a medico-legal report confirming sexual Consequently, to correct the weight declared in the manifest,
abuse; and SPO2 Noel Y. Venus. The defendant, Roberto petitioner filed an amendment on July 27, 1966, which
Quiachon, testified in his defense, denying the allegations and amendment was approved by the Bureau of Customs without
claiming a conspiracy by relatives aiming to seize his property. prejudice to any administrative action which might be taken
against the vessel.
The trial court convicted Quiachon, sentencing him to death and
mandating compensatory damages. Given the death penalty Petitioner was charged for violation of Section 1005, in relation
ruling, the case was automatically escalated for review, initially to Section 2523, of the Tariff and Customs Code.
to the Supreme Court but redirected to the Court of Appeals
following procedural adjustments. "SEC. 2523. Discrepancy Between Actual and Declared Weight
of Manifested Article. If the gross weight of any article or
ISSUE: package described in the manifest exceeds by more than twenty
Whether Quiachon should be sentenced to death penalty per centum the gross weight as declared in the manifest or bill
of lading thereof, and the Collector shall be of opinion that such
RULING: discrepancy was due to the carelessness or incompetency of
In view of the enactment of the Republic Act (R.A.) No. 9346 on the master or pilot in command; owner or employee of the
June 24, 2006 prohibiting the imposition of the death penalty, vessel or aircraft, a fine of not more than fifteen per centum of
the penalty to be meted on appellant is reclusion perpetua in the value of the package or article in respect to which the
accordance with Section 2 thereof which reads: deficiency exists, may be imposed upon the importing vessel or
aircraft."
SECTION 2. In lieu of the death penalty, the following shall be
imposed: However, on March 16, 1971, counsel for the Bureau of
Customs sought the amendment of the charge to one for
(a) the penalty of reclusion perpetua, when the law violated violation of Section 1005, in relation to Section 2521 of the
makes use of the nomenclature of the penalties of the Revised Code.
Penal Code; or
"SEC. 2521 Failure to Supply Requisite Manifests, If any vessel
(b) the penalty of life imprisonment, when the law violated does or aircraft enters or departs from a port of entry without
not make use of the nomenclature of the penalties of the submitting the proper manifests to the customs authorities, or
Revised Penal Code. shall enter or depart conveying unmanifested cargo other than
as stated in the next preceding section hereof, such vessel or
The aforequoted provision of R.A. No. 9346 is applicable in this aircraft shall be fined an amount not less than ten thousand
case pursuant to the principle in criminal law, favorabilia sunt pesos (P10,000.00) but not exceeding thirty thousand
amplianda adiosa restrigenda. Penal laws which are favorable (P30,000.00) pesos.
to accused are given retroactive effect. This principle is
embodied under Article 22 of the Revised Penal Code, which ISSUE:
provides as follows: Whether 2521 or 2523 is applicable in this case

Retroactive effect of penal laws. Penal laws shall have a RULING:

retroactive effect insofar as they favor the persons guilty of a If the weight of the cargo is in issue, the provision of the Tariff
felony, who is not a habitual criminal, as this term is defined in and Customs Code properly applicable is Sec. 2523, not Sec.
Rule 5 of Article 62 of this Code, although at the time of the 2521. A special and specific provision prevails over a general
publication of such laws, a final sentence has been pronounced provision irrespective of their relative position in the statute.
and the convict is serving the same. Generalia specialibus non derogant. Where there is in the same
statute a particular enactment and also a general one which in
its most comprehensive sense would include what is embraced
in the former, the particular enactment must be operative, and
the general enactment must be taken to affect only such cases
within its general language as are not within the provisions of
the particular enactment. 2 It is a principle in statutory

STATUTORY CONSTRUCTION CASES | MINDANAO STATE UNIVERSITY COLLEGE OF LAW PAGE 9

construction that where two statutes are of equal theoretical ISSUE:
application to a particular case, the one specially designed for Whether the criminal action should be suspended on the ground
said case must prevail over the other. that a prejudicial question is existing

Clearly, Sec. 2523 is directly applicable to the case at bar since RULING:
said provision specifically applies to the situation where there is NO.
a discrepancy between the actual gross weight of any article or
package described in the manifest and the gross weight as It is a principle in statutory construction that "a statute should
declared in the manifest or bill of lading. be construed not only to be consistent with itself but also to
harmonize with other laws on the same subject matter, as to
The said section penalizes the failure to file a proper manifest or form a complete, coherent and intelligible system." This principle
when the cargo is unmanifested. In this case a manifest has is consistent with the maxim, interpretare et concordare leges
been filed declaring the weight of the cargo. Although it appears legibus est optimus interpretandi modus or every statute must
to be underdeclared, this cannot constitute a violation of said be so construed and harmonized with other statutes as to form
Section 2521 of the Tariff and Customs Code since for all legal a uniform system of jurisprudence.
purposes a proper manifest had been filed covering the cargo.
In other words, every effort must be made to harmonize
WHEREFORE, the decision of the Court of Tax Appeals is hereby seemingly conflicting laws. It is only when harmonization is
AFFIRMED. impossible that resort must be made to choosing which law to
apply.

In the instant case, Art. 36 of the Civil Code and Sec. 7 of Rule
111 of the Rules of Court are susceptible of an interpretation
that would harmonize both provisions of law. The phrase
"previously instituted civil action" in Sec. 7 of Rule 111 is plainly
DREAMWORK CONSTRUCTION INC., V. CLEOFE S. JANIOLA worded and is not susceptible of alternative interpretations. The
G.R. NO. 18486, 30 JUN 2009 clause "before any criminal prosecution may be instituted or
may proceed" in Art. 36 of the Civil Code may, however, be
FACTS: interpreted to mean that the motion to suspend the criminal
Dreamwork Construction, Inc. filed a Complaint Affidavit for action may be filed during the preliminary investigation with the
violation of BP 22 against Cleofe Janiola. Correspondingly, public prosecutor or court conducting the investigation, or
petitioner filed a criminal information for violation of BP 22 during the trial with the court hearing the case.
against Janiola on February 2, 2005.
This interpretation would harmonize Art. 36 of the Civil Code
On September 20, 2006, private respondent, joined by her with Sec. 7 of Rule 111 of the Rules of Court but also with Sec. 6
husband, instituted a civil complaint against petitioner by filing a of Rule 111 of the Civil Code, which provides for the situations
Complaint dated August 2006 5 for the rescission of an alleged when the motion to suspend the criminal action during the
construction agreement between the parties, as well as for preliminary investigation or during the trial may be filed.
damages. The case was filed with the RTC, Branch 197 in Las Pi
as City and docketed as Civil Case No. LP-06-0197. Notably, the under the principles of statutory construction, it is this
checks, subject of the criminal cases before the MTC, were interpretation of Art. 36 of the Civil Code that should govern in
issued in consideration of the construction agreement. order to give effect to all the relevant provisions of law.

Private respondent filed a Motion to Suspend Proceedings in It bears pointing out that the circumstances present in the
Criminal Case Nos. 55554-61, alleging that the civil and criminal instant case indicate that the filing of the civil action and the
cases involved facts and issues similar or intimately related subsequent move to suspend the criminal proceedings by
such that in the resolution of the issues in the civil case, the guilt reason of the presence of a prejudicial question were a mere
or innocence of the accused would necessarily be determined. afterthought and instituted to delay the criminal proceedings.
In other words, private respondent claimed that the civil case
posed a prejudicial question as against the criminal cases.

Petitioner opposed the suspension of the proceedings in the

criminal cases on the grounds that: (1) there is no prejudicial
question in this case as the rescission of the contract upon PEOPLE VS. RAMON DERILO
which the bouncing checks were issued is a separate and G.R. NO. 117818, 18 APR 1997
distinct issue from the issue of whether private respondent
violated BP 22; and (2) Section 7, Rule 111 of the Rules of Court FACTS:
states that one of the elements of a prejudicial question is that Roman Derilo, Isidoro Baldimo y Quillo, Lucas Do os, Alejandro
"the previously instituted civil action involves an issue similar or Cofuentes, and one John Doe were charged with the crime of
intimately related to the issue raised in the subsequent criminal murder committed by a band before the First Branch of the
action"; thus, this element is missing in this case, the criminal former Court of First Instance of Borongan, Eastern Samar. The
case having preceded the civil case. information filed alleges that the accused, with treachery and
evident premeditation, with intent to kill, with the use of a
firearm and bolos, confederating and mutually helping one

STATUTORY CONSTRUCTION CASES | MINDANAO STATE UNIVERSITY COLLEGE OF LAW PAGE 10

another, shot and stabbed one Perpetua Adalim, thus inflicting given is that which is embodied and expressed in the
injuries which caused her death. Only Isidoro Baldimo was constitutional provisions themselves. Interpretatio fienda est ut
apprehended and brought within the trial court's jurisdiction. At res magis valeat quam pereat. A law should be interpreted with
his arraignment, he pleaded not guilty, but later changed his plea a view to upholding rather than destroying it.
to guilty after the prosecution had presented its evidence.
Hence, the Court sentenced Baldimo to suffer the penalty of
At the time of the commission of the crime on January 1, 1982 reclusion perpetua.
and the conviction of the accused on October 12, 1986, the
substantive law in force dealing with the crime of murder was
Article 248 of the Revised Penal Code. Said provision provided
that any person guilty of murder shall be punished by reclusion
temporal in its maximum period to death.
PEOPLE V. JABINAL
Then on February 2, 1987, a new Constitution came into force G.R. NO. L-30061, 27 FEB 1974
after its ratification on that date by the people. The 1987
Constitution, regarded by some as progressive since it contains FACTS:
new provisions not covered by our earlier two Constitutions, In 1964, Jose Jabinal, a person not authorized by law, did then
proscribed in Section 19, Article III (Bill of Rights) thereof the and there wilfully, unlawfully and feloniously keep in his
imposition of the death penalty, as follows: possession, custody and direct control a revolver Cal. .22, RG-8
German made with one (1) live ammunition and four (4) empty
Sec. 19. (1) Excessive fines shall not be imposed, nor cruel, shells without first securing the necessary permit or license to
degrading or inhuman punishment inflicted. Neither shall the possess the same. Accused plead not guilty. He admitted that
death penalty be imposed, unless, for compelling reasons he was in possession of the gun and ammunition without
involving heinous crimes, the Congress hereafter provides for it. license and permit.
Any death penalty already imposed shall be reduced to reclusion
perpetua. (Emphasis supplied) However, he claimed that although he had no license or permit,
he had an appointment as Secret Agent from the Provincial
Republic Act No. 7659 then took effect on December 31, 1993. Governor of Batangas and an appointment as Confidential
This is now the governing penal law at the time of this review of Agent from the PC Provincial Commander, and the said
the case at bar. Republic Act No. 7659 amended Article 248 of appointments expressly carried with them the authority to
the Code by imposing a heavier penalty for murder than that possess and carry the firearm in question.
originally prescribed, the new penalty provided in Section 6 of
said amendatory statute being reclusion perpetua to death. Jabinal contended that he was entitled to acquittal on the bases
However, RA 7659 may not be applied to the crime of murder of the Supreme Court’s decisions in People v. Macarandang and
committed in 1982 by appellant, based on the principle of People v. Lucero. The Trial Court held Jabinal criminally liable on
prospectivity of penal laws. the ground that the rulings of the Supreme Court in the cases of
Macarandang and Lucero were reversed and abandoned in
Issue: People v. Mapa, supra.
Whether Article 248 of the RPC is applicable to this case
ISSUE:
Ruling: Whether appellant should be acquitted on the basis of the
rulings in Macarandang and Lucero, or should his conviction
No. The Court is reasonably convinced that it cannot validly stand in view of the complete reversal of the Macarandang and
impose the capital punishment on appellant. The words of the Lucero doctrine in Mapa
Constitution (Section 19, Art 3) are clear: Any death penalty
already imposed shall be reduced to reclusion perpetua. RULING:
Appellant, it will be recalled, was sentenced in 1986 to suffer the Appellant should be acquitted on the basis of the rulings in
death penalty as then provided under the Revised Penal Code. Macarandang and Lucero.
With the ratification of the Constitution in 1987, that sentence
should have been reduced to reclusion perpetua under such In Macarandang, Sec 879 if the Revised Administrative code
constitutional fiat. was upheld providing that "peace officers" are exempted from
the requirements relating to the issuance of license to possess
It can be readily seen that the reduction of the penalty is not and firearms; and Macarandang's appointment as Secret Agent to
was not made dependent on a law, decree, condition, or period assist in the maintenance of peace and order and detection of
before the aforementioned Section 19 can be applied by the crimes, sufficiently placed him in the category of a "peace
courts. It cannot be inferred, either from the wordings of the officer", thus exempting the accused. from the requirements
subject provision or from the intention of the framers of the relating to the issuance of license to possess firearms.
Constitution, that a death sentence should be brought to the
Supreme Court for review within a certain time frame in order In Lucero, it was held that under the circumstances of the case,
that it can be reduced to reclusion perpetua. the granting of the temporary use of the firearm to the accused
was a necessary means to carry out the lawful purpose of the
The fundamental principle of constitutional construction is to battalion commander and must be deemed incident to or
give effect to the intent of the framers of the organic law and of necessarily included in the duty and power of said military
the people adopting it. The intention to which force is to be commander to effect the capture of a Huk leader.

STATUTORY CONSTRUCTION CASES | MINDANAO STATE UNIVERSITY COLLEGE OF LAW PAGE 11

 Court, the settlement of money claims against the Government
In Mapa, expressly abandoning the doctrine in Macarandang, of the Philippines has been placed under the exclusive original
and in Lucero, the judgment of conviction was sustained on the jurisdiction of the Auditor General to the exclusion of courts of
ground that Sec 879 of the Revised Administrative code has no first instance, while the Supreme Court is vested with appellate
provision made for a secret agent. As such, the accused is not jurisdiction over the Auditor General's decision involving claims
exempt. of private persons or entities. The lower court sustained
defendants' dismissal motion and declared itself without
It will be noted that when appellant was appointed Secret Agent jurisdiction to hear the case.
by the Provincial Government in 1962, and Confidential Agent by
the Provincial Commander in 1964, the prevailing doctrine on Plaintiff submits on appeal is its contention that under Act 3083
the matter was that laid down by Us in People v. Macarandang which it claims to be still in force
(1959) and People v. Lucero (1958). Our decision in People v.
Mapa reversing the aforesaid doctrine came only in 1967. ISSUE:
Whether the trial court has jurisdiction under Art 3083
Decisions of this Court, although in themselves not laws, are
nevertheless evidence of what the laws mean, and this is the RULING:
reason why under Article 8 of the New Civil Code, "Judicial NO. It is patent that the governing law under which private
decisions applying or interpreting the laws or the Constitution parties may sue and seek settlement by the Philippine
shall form a part of the legal system . . ." Government of their money claims pursuant to Article XI,
section 3 of the Philippine Constitution 6 is Commonwealth Act
The settled rule supported by numerous authorities is a No. 327.
restatement of the legal maxim "legis interpretatio legis vim
obtinet" the interpretation placed upon the written law by a Section 1 of said Act, pursuant to the Constitutional injunction,
competent court has the force of law. The doctrine laid down in fixes the period of "sixty days exclusive of Sundays and holidays
Lucero and Macarandang was part of the jurisprudence, hence, after their presentation" within which Auditor General shall act
of the law, of the land, at the time appellant was found by on and decide the same. Said section further provides that "If
possession of the firearm in question and when he was said accounts or claims need reference to other persons, office
arraigned by the trial court. or offices, or to the party interested, the period shall be counted
from the time the last comment necessary to a proper decision
It is true that the doctrine was overruled in the Mapa case in is received by him." Under section 2 of said Act, furthermore, the
1967, but when a doctrine of this Court is overruled and a aggrieved private party may take an appeal, within thirty (30)
different view is adopted, the new doctrine should be applied days from receipt of the Auditor General's adverse decision only
prospectively, and should not apply to parties who had relied on to the Supreme Court, by filing with the Court a petition for
the old doctrine and acted on the faith thereof. review thereof, as provided in Rule 44 of the Revised Rules of
Court.

The corresponding provisions of Act 3083 (earlier statute) which

are utterly incompatible with those of Commonwealth Act (later
statute) must therefore be deemed superseded and abrogated,
CARABAO INC. VS. AGRICULTURAL PRODUCTIVITY under principle of "leges posteriores priores contrarias
COMMISSION abrogant" a later statute which is repugnant to an earlier statute
G.R. NO. L-29304, 30 SEP 1970 is deemed to have abrogated the earlier one on the same subject
matter.
FACTS:
Plaintiff Carabao, Inc. had filed on October 3, 1967 in the Court Claimant's remedy is to institute mandamus proceedings to
of First Instance of Rizal its complaint to recover the sum of compel the rendition of a decision by the Auditor General in the
P238,500.00 representing the unpaid price of 300 units of fire event of such inaction.
extinguishers sold and delivered by it to defendant Agricultural
Productivity Commission.

It alleged that it had presented on June 14, 1967 a claim for

payment of the sum with the Auditor General, but that since the CLEMENTE LACESTE VS. PAULINO SANTOS
latter had failed to decide the claim within two (2) months from G.R. NO. L-36886
date of its presentation which should have been by August 13,
1967, it had acquired the right under Act No. 3083 to file the FACTS:
original action for collection in the lower court. Clemente Laceste and Nicolas Lachica, had been prosecuted,
found guilty, and sentenced to commitment for the crime of
Defendants moved for the dismissal of the case principally on rape.
the ground of the lower court's lack of jurisdiction over the
subject matter, alleging that under sections 2 and 3, Article XI Subsequently Nicolas Lachica married the victim, Magdalena de
of the Philippine Constitution, creating the General Auditing Ocampo, and was accordingly relieved from the criminal
Office as a constitutional office and defining its functions, in prosecution by virtue of section 2, Act No. 1773, and article
relation to Commonwealth Act No. 327 enacted in 1938 as an 448 of the Penal Code then in force, which provided that such a
implementing law, and under Rule 44 of the Revised Rules of marriage extinguished penal liability, and hence, the penalty. But

STATUTORY CONSTRUCTION CASES | MINDANAO STATE UNIVERSITY COLLEGE OF LAW PAGE 12

the petitioner herein continued serving his sentence, which was
not affected by the marriage of his coaccused and the offended The plan, however, did not materialize, thus, the occupants
party. offered to purchase the portions they occupied.

However, he is now entitled to the benefits accruing from such Later, as they could not afford RCAM’s proposed price, the
marriage in accordance with the last paragraph of article 344 occupants, organizing themselves as exclusive members of the
of the Revised Penal Code: Eulogio Rodriguez, Jr. Tenants Association, Inc., petitioned the
Government for the acquisition of the said property, its
“"In cases of seduction, abduction, acts of lasciviousness and subdivision into home lots, and the resale of the subdivided lots
rape, the marriage of the offender with the offended party shall to them at a low price.
extinguish the criminal action or remit the penalty already
imposed upon him. The provisions of this paragraph shall also The Government, in 1963, through the Land Tenure
be applicable to the coprincipals, accomplices and accessories Administration (LTA), later succeeded by the People’s Homesite
after the fact of the above-mentioned crimes." and Housing Corporation (PHHC), negotiated for the acquisition
of the property from RCAM/PRC.
ISSUE:
Whether Article 344 can be applied retroactively in this case Because of the high asking price of RCAM and the budgetary
constraints of the Government, the latter’s effort to purchase
RULING: and/or to expropriate the property was discontinued.
YES.
RCAM then decided to effect, on its own, the subdivision of the
Article 22 of the Revised Penal Code reads as follows: property and the sale of the individual subdivided lots to the
public.
"ART. 22. Retroactive effect of penal laws. Penal laws shall have
a retroactive effect in so far as they favor the person guilty of a Petitioners Manapat and Lim and respondents Loberanes,
felony, who is not a habitual criminal, as this term is defined in Quimque, Vega, Santos, Oracion and Mercado in these
rule 5 of article 62 of this Code, although at the time of the consolidated cases were among those who purchased
publication of such laws a final sentence has been pronounced individual subdivided lots of Grace Park directly from RCAM
and the convict is serving the same." and/or PRC.

This is an exception to the general rule that all laws are In 1977, President Ferdinand E. Marcos issued Presidential
prospective, not retrospective, variously contained in the Decree (PD) No. 1072,[8] appropriating P1.2M out of the
following maxims: Lex prospicit, non respicit (the law looks President’s Special Operations Funds to cover the additional
forward, not backward); lex de futuro, judex de prterito (the law amount needed for the expropriation of Grace Park.
provides for the future, the judge for the past); and adopted in a
modified form with a prudent limitation in our Civil Code (article The National Housing Authority (NHA), PHHC’s successor, then
3). filed several expropriation proceedings over the already
subdivided lots for the purpose of developing Grace Park under
Conscience and good law justify this exception, which is the Zonal Improvement Program (ZIP) and subdividing it into
contained in the well-known aphorism: Favorabilia sunt small lots for distribution and resale at a low cost to the
amplianda, odiosa restringenda. As one distinguished author residents of the area.
has put it, the exception was inspired by sentiments of
humanity, and accepted by science. The CA exempted from expropriation the lots of Loberanes,
Quimque, Mercado, Vega and Santos, and the partial exemption
"ART. 366. Application of laws enacted prior to this Code. of the lot of Oracion.
Without prejudice to the provisions contained in article 22 of this
Code, felonies and misdemeanors, committed prior to the date NHA filed a petition for review. The NHA argues that the CA
of effectiveness of this Code shall be punished in accordance erred in applying retroactively Article VI, Section 10 of Republic
with the Code or Acts in force at the time of their commission." Act (R.A.) No. 7279, thus exempting from expropriation the
300-sq m lots of respondents Loberanes, Quimque, Vega,
Petitioner was acquitted. Santos, Oracion and Mercado.

ISSUE:
Whether the CA erred in applying Art. VI of RA7279 (Urban
Development and Housing Act of 1992)
FERMIN MANAPAT VS. COURT OF APPEALS, NHHA
G.R. NO. 110478, October 15, 2007 RULING:
The CA’s ruling on this point is incorrect. R.A. No. 7279 was
FACTS: enacted in 1992, almost two decades after the expropriation
In the 1960’s, the Roman Catholic Archbishop of Manila (RCAM) cases against the property owners herein were instituted with
allowed a number of individuals to occupy the Grace Park the RTC in 1977. Nova constitutio futuris formam imponere
property on condition that they would vacate the premises debet, non praeteritis. A new statute should affect the future, not
should the former push through with the plan to construct a the past. The law looks forward, not backward
school in the area.

STATUTORY CONSTRUCTION CASES | MINDANAO STATE UNIVERSITY COLLEGE OF LAW PAGE 13

Article 4 of the Civil Code even explicitly declares, “(l)aws shall
have no retroactive effect, unless the contrary is provided.”

In these consolidated cases, the Court finds that the language

of R.A. No. 7279 does not suggest that the Legislature has
intended its provisions to have any retroactive application. On
the contrary, Section 49 of the said law indicates that it “shall
take effect upon its publication in at least two (2) national
newspapers of general circulation.” The law’s prospective
application being clearly stated, the Court cannot agree with the
disposition of the appellate court that the subject lots not
exceeding 300 sq m are exempt from expropriation.

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