Statutory Construction it is the various methods and tests used by the

courts for determining the meaning of law.

I. General Principles in defining Statutory Construction
Whether the promotional scheme is a lottery or a gift that violates
the provisions of the Postal Law (Caltex v. Palomar)

In the case at bar, there is no requirement in the rules that any fee
be paid, any merchandise be bought, any service be rendered, or any
value whatsoever be given for the privilege to participate. The scheme is
merely a gratuitous distribution of property by chance which does not
violate the provisions of the Postal Law. Construction is used where there
is rendered doubtful, amongst others, by reason of the fact that the given
case is not explicitly provided for in the law. Hence, the Court is tasked
to look beyond the fair exterior, to the substance, in order to unmask the
real element and pernicious tendencies that the law is seeking to
prevent.

What is Statutory Construction?

It is the art or process of discovering and expounding the meaning
and the intention of the authors of the law with respect to its application
to a given case, where that intention is rendered doubtful, amongst
others, by reason of the fact that the given case is not explicitly provided
for in the law. (Caltex v. Palomar)

II. When does statutory construction come in?

When does StatCon come in?

The first and fundamental duty of courts is to apply the law.
Construction and interpretation come only after it has been
demonstrated that application is impossible or inadequate without them.
(National Federation of Labor v. Eisma; Paat v. CA; People v. Mapa; Paras
v. Comelec; Daoang v. Municipal Judge of San Nicolas)

1. National Federation of Labor v. Eisma

Construction is required to determine jurisdiction.

The first and fundamental duty of courts is to apply the law.
Construction and interpretation come only after it has been
demonstrated that application is impossible or inadequate without them.
However, jurisdiction over the subject matter in a judicial proceeding is
conferred by the sovereign authority, which organizes the court; and it is
given only by law. Jurisdiction is never presumed; it must be conferred
by law in words that do not admit of doubt. Since the jurisdiction of
courts and judicial tribunals is derived exclusively from the statutes of
the forum, the issue should be resolved on the basis of the law or statute
in force.

2. Paat v. CA
Whether construction admits that the authority confiscates
conveyances belonging to the court.

The construction that conveyances are subject of confiscation by
the courts exclusively (pursuant to Section 28, paragraph 2) unduly
restricts the clear intention of the law and inevitably reduces the other
provision of Section 68-A, aside to the fact that conveyances are not
mentioned nor included in the former provision. In the case at bar, the
phrase to dispose of the same is broad enough to cover the act of
forfeiting conveyances in favor of the government. The only limitation is
that it should be made in accordance with pertinent laws, regulations or
policies on the matter. Therefore, in the construction of statutes, it must
be read in such a way as to give effect to the purpose projected in the
statute.

3. People v. Mapa

Prosecution for the crime of illegal possession of firearm and
ammunition of appointed secret agent of a public official.

The law is explicit that it is unlawful for any person to possess any
firearm or any instrument, intended to be used in the manufacture of
firearms, parts of firearms, or ammunition except when such firearms
are in possession of such public officials and public servants for use in
the performance of their official duties. It is the first and fundamental
duty of courts to apply the law. It was decided that construction and
interpretation come only after it has been demonstrated that application
is impossible or inadequate without them. The law cannot be any clearer;
there being no provision made for a secret agent.



4. Daoang v. Municipal Judge of San Nicolas

Adoption under para 1 of Art. 335 of the Civil Code.

The words used in paragraph (1) of Article 335 of the Civil Code, in
enumerating the persons who cannot adopt, are clear and unambiguous.
When the New Civil Code was adopted, it changed the word
descendant, found in the Spanish Civil Code to which the New Civil
Code was patterned, to children. The children thus mentioned have a
clearly defined meaning in law and do not include grandchildren. In the
present case, Roderick and Rommel Daoang, the grandchildren of Antero
Agonoy and Amanda Ramos-Agonoy, cannot assail the adoption of
Quirino Bonilla and Wilson Marcos by the Agonoys. Therefore, the
general rule is that only statutes with an ambiguous or doubtful meaning
may be the subjects of statutory construction.

5. Paras v. Comelec

Is SK to be considered a regular local election in a recall
proceeding?

The subject provision of the Local Government Code, Sec. 74
Paragraph (b) provides that No recall shall take place within one year
from the date of the officials assumption to office or one year
immediately preceding a regular local election. Hence, It is a rule in
statutory construction that every part of the statute must be interpreted
with reference to the context. In the present case, the Sangguniang
Kabataan elections cannot be considered a regular election, as this
would render inutile the recall provision of the Local Government Code. It
would be more in keeping with the intent of the recall provision of the
Code to construe regular local election as one referring to an election
where the office held by the local elective official sought to be recalled will
be contested and be filled by the electorate.

Statutory Construction vs Judicial Legislation

When is it construction and when is it judicial legislation?

To declare what the law shall be is a legislative power, but to
declare what the law is or has been, is judicial. However, the court do
and must legislate to fill in the gaps in the law. The Court decided to go
beyond merely ruling on the facts of the existing law and jurisprudence.
(Floresca v. Philex Mining; Republic v. CA and Molina)

1. Floresca v. Philex Mining

Does CFI (RTC) have jurisdiction over the complaint?

Pursuant to Article 9 of the Civil Code which provides that: No
judge or court shall decline to render judgment by reason of the silence,
obscurity or insufficiency of the laws. It argues that the application or
interpretation placed by the Court upon a law is part of the law as of the
date of the enactment of the said law since the Courts application or
interpretation merely establishes the contemporaneous legislative intent
that the construed law purports to carry into effect. Yet, the Court argues
that the Court can legislate, pursuant to Article 9 of the New Civil Code.
However, even the legislator himself recognizes that in certain instances,
the court do and must legislate to fill in the gaps in the law; because
the mind of the legislator, like all human beings, is finite and therefore
cannot envisage all possible cases to which the law may apply.

2. Republic v. CA and Molina

Guidelines presented by the court.

The Family Code of the Philippines provides an entirely new ground
(in addition to those enumerated in the Civil Code) to assail the validity
of a marriage, namely, "psychological incapacity." In addition to resolving
the present case, the court finds the need to lay down specific guidelines
in the interpretation and application of Article 36 of the Family Code. In
the present case, it appears to that there is a "difficulty," if not outright
"refusal" or "neglect" in the performance of some marital obligations of
the respondent spouse. Mere showing of "irreconcilable differences" and
"conflicting personalities" in no wise constitutes psychological incapacity.
Hence, the Court decided to go beyond merely ruling on the facts of this
case vis-a-vis existing law and jurisprudence. For psychological
incapacity to foster, three characteristics should manifest, that include
gravity, juridical antecedence and incurability.

B. How must legislative intent be ascertained?

Legislative intent must be ascertained from a consideration of the
statute as a whole. The particular words, clauses and phrases should not
be studied as detached and isolated expressions, but the whole and every
part of the statute must be considered in fixing the meaning of any of its
parts and in order to produce harmonious whole. (Aisporna v. CA; China
Bank v. Ortega; PVA Board of Administrators v. Bautista)

1. Aisporna v. CA

Legislative intent of the Insurance Act: whether an insurance
subagent or proxy covered in section 189 of Insurance Act.

Legislative intent must be ascertained from a consideration of the
statute as a whole. The particular words, clauses and phrases should not
be studied as detached and isolated expressions, but the whole and every
part of the statute must be considered in fixing the meaning of any of its
parts and in order to produce harmonious whole. In the present case, the
first paragraph of Section 189 prohibits a person from acting as agent,
subagent or broker in the solicitation or procurement of applications for
insurance without first procuring a certificate of authority so to act from
the Insurance Commissioner; while the second paragraph defines who is
an insurance agent within the intent of the section; while the third
paragraph prescribes the penalty to be imposed for its violation.

2. China Bank v. Ortega

Whether a banking institution can validly refuse a court process
garnishing the bank deposit invoking the provisions of R.A. No. 1405 (An
Act prohibiting Disclosure of or Inquiry into, Deposits with any Banking
Institution)

In gist of the pertinent provisions of RA 1405, Sec. 2., that although
transactions with banking institutions in the Philippines is absolutely
confidential, there is an exception upon written permission of depositor,
or in cases of impeachment, or upon order of the competent court in
cases of bribery or dereliction of duty of public officials, or in cases where
the money deposited or invested is the subject matter of the litigation. In
the present case, China Bank is at default because the court merely
required the bank to inform the court whether or not the defendant had
a deposit with the bank for the purposes of garnishment issued by the
court. However, the disclosure is purely incidental to the execution
process.

3. PVA Board of Administrators v. Bautista

Whether plaintiff is entitled to the pension from 1955 instead of
from 1968.

The purpose of Congress in granting veterans pensions is to
compensate, as far as may be, a class of men who suffered in the service
for the hardships they endured and the dangers they encountered, and
more importantly, those who have become incapacitated for work owing
to sickness, disease or injuries sustained while in the line of the duty.
R.A. No. 65 (Veterans Bill of Rights) or veteran pension law is therefore,
a governmental expression of gratitude to and those who rendered
service for the country, by extending to them regular monetary aid. If the
pension awards are made effective only upon approval of the application,
then the noble and humanitarian purposes for which the law had
enacted could easily be thwarted or defeated.

Executive Construction and Subjects of Construction
Chapter IV: Executive Construction

What is the rule on executive construction?
1. PAFLU v. Bureau of Labor Relations

The court still and should respect the contemporaneous
construction placed upon a statute by the executive officers whose duty
is to enforce it, and unless such interpretation is clearly erroneous will
ordinarily be controlled thereby.


When is Executive construction not given weight?
1. Phil. Apparel Workers Union v. NLRC

There was no grant of said increases yet, despite the contrary
opinion expressed in the letter of the Undersecretary of Labor. It must be
noted that the letter was based on a wrong premise or representation on
the part of the company. The construction or explanation of Labor
Undersecretary is not only wrong as it was purely based on a
misapprehension of facts, but also unlawful because it goes beyond the
scope of the law. The Supreme Court set aside the decision of the
commission, and ordered the company to pay, in addition to the
increased allowance provided for in PD 1123.


2. IBAA Employees Union v. Inciong

Whether the Ministry of Labor is correct in determining that
monthly paid employees are excluded from the benefits of holiday pay.
From Article 92 of the Labor Code, as amended by Presidential Decree
850, and Article 82 of the same Code, it is clear that monthly paid
employees are not excluded from the benefits of holiday pay. So long, as
the regulations relate solely to carrying into effect the provisions of the
law, they are valid. Where an administrative order betrays inconsistency
or repugnancy to the provisions of the Act, the mandate of the Act must
prevail and must be followed.

3. Chartered Bank Employees Union v. Ople

Whether the Ministry of Labor is correct in maintaining that
monthly paid employees are not entitled to the holiday pay nor all
employees who rendered work during said legal holidays are entitled to
the premium or overtime pay differentials. When the language of the law
is clear and unequivocal the law must be taken to mean exactly what it
says. An administrative interpretation, which diminishes the benefits of
labor more than what the statute delimits or withholds, is obviously ultra
vires. In the present case, the provisions of the Labor Code on the
entitlement to the benefits of holiday pay are clear and explicit, it
provides for both the coverage of and exclusion from the benefit.

Difference of a rule and an opinion?
1. Victorias Milling v. SSC

When an administrative agency promulgates rules and regulations,
it makes; a new law with the force and effect of a valid law, while when it
renders an opinion or gives a statement of policy, it merely interprets
pre-existing law.
Chapter V: Subjects of Construction

How should the Constitution be construed?
1. Sarmiento v. Mison

The fundamental principle of constitutional construction is to give
effect to the intent of the framers of the organic law and of the people
adopting it. The intention to which force is to be given is that which is
embodied and expressed in the constitutional provisions themselves.

2. Perfecto v. Meer

Whether the imposition of an income tax upon the salary of a
member of the Judiciary amount to a diminution thereof., and thus
violate the Constitution. The 1935 Constitution provides in its Article
VIII, Section 9, that the members of the Supreme Court and all judges of
inferior courts shall receive such compensation as may be fixed by law,
which shall not be diminished during their continuance in office.

3. Endencia v. David

Whether the Legislature may lawfully declare the collection of
income tax on the salary of a public official, specially a judicial officer,
not a decrease of his salary, after the Supreme Court has found and
decided otherwise. Therefore, the doctrine laid down in the case of
Perfecto vs. Meer to the effect that the collection of income tax on the
salary of a judicial officer is a diminution thereof and so violates the
Constitution, is reiterated.

4. Nitafan v. CIR

Whether the intention of the framers of the 1987 Constitution is to
exempt justices and judges from taxes as it was in the 1935
Constitution. In the present case, Section 10, Article VIII is plain that the
Constitution authorizes Congress to pass a law fixing another rate of
compensation of Justices and Judges but such rate must be higher than
that which they are receiving at the time of enactment, or if lower, it
would be applicable only to those appointed after its approval. The
constitutional provision in question until it was finally approved by the
Commission disclosed that the true intent of the framers of the 1987
Constitution, in adopting it, was to make the salaries of members of the
Judiciary taxable.

May the preamble be referred to in the construction of Constitutional
Provisions?
1. Aglipay v. Ruiz

Religious freedom as a constitutional mandate is not inhibition of
profound reverence for religion and is not a denial of its influence in
human affairs. When the Filipino people, in the preamble of their
Constitution, implored the aid of Divine Providence, in order to establish
a government that shall embody their ideals, conserve and develop the
patrimony of the nation, promote the general welfare, and secure to
themselves and their posterity the blessings of independence under a
regime of justice, liberty and democracy, they thereby manifested their
intense religious nature and placed unfaltering reliance upon Him who
guides the destinies of men and nations. The elevating influence of
religion in human society is recognized here as elsewhere. In the present
case, the purpose of the issuing of the stamps was to take advantage of
an event considered of international importance to give publicity to the
Philippines and its people and attract more tourists to the country.

Are the provisions of the Constitution self-executing?
1. Manila Prince Hotel v. GSIS

A constitutional provision is self-executing if the nature and extent
of the right conferred and the liability imposed are fixed by the
constitution itself, so that they can be determined by an examination and
construction of its terms, and there is no language indicating that the
subject is referred to the legislature for action. In self-executing
constitutional provisions, the legislature may still enact legislation to
facilitate the exercise of powers directly granted by the constitution,
further the operation of such a provision, prescribe a practice to be used
for its enforcement, provide a convenient remedy for the protection of the
rights secured or the determination thereof, or place reasonable
safeguards around the exercise of the right. Hence, unless it is expressly
provided that a legislative act is necessary to enforce a constitutional
mandate, the presumption now is that all provisions of the constitution
are self-executing.

Requirements for the publication of laws?
1. Tanada v. Tuvera, 1985

Publication in the Official Gazette is necessary in those cases where
the legislation itself does not provide for its effectivity date for then the
date of publication is material for determining its date of effectivity,
which is the fifteenth day following its publication but not when the
law itself provides for the date when it goes into effect. The clear object
Art. 2 is to give the general public adequate notice of the various laws
which are to regulate their actions and conduct as citizens. Without such
notice and publication, there would be no basis for the application of the
maxim ignorantia legis non excusat.


2. Tanada v. Tuvera, 1986

The clause unless it is otherwise provided, in Article 2 of the Civil
Code, refers to the date of effectivity and not to the requirement of
publication itself, which cannot in any event be omitted. This clause does
not mean that the legislature may make the law effective immediately
upon approval, or on any other date, without its previous publication.
The legislature may in its discretion provide that the usual fifteen-day
period shall be shortened or extended.

Rule on construction of ordinances vis--vis Statute
1. Primicias v. Urdaneta

The general rule is that a later law prevails over an earlier law. The
ordinances validity should be determined vis-a-vis RA 4136, the mother
statute (not Act 3992), which was in force at the time the criminal case
was brought against Primicias.

Aids in Construction and Interpretation of Statutes
IV. Aids in Construction
1. Archbishop of Manila v. SSC
Extrinsic Aids

In this appeal from an order of the Social Security Commission, we
uphold the Commission's Order dismissing the petition before it, on the
ground that in the absence of an express provision in the Social Security
Act1 vesting in the Commission the power to condone penalties, it has no
legal authority to condone, waive or relinquish the penalty for late
premium remittances mandatorily imposed under the Social Security
Act.

When Literal Construction is not Favored
1. Paras v. Comelec

Petitioner Danilo E. Paras is the incumbent Punong Barangay of
Pula, Cabanatuan City who won during the last regular barangay
election in 1994. A petition for his recall as Punong Barangay was filed
by the registered voters of the barangay. Acting on the petition for recall,
public respondent Commission on Elections (COMELEC) resolved to
approve the petition, scheduled the petition signing on October 14, 1995,
and set the recall election on November 13, 1995. Petitioner's argument
is simple and to the point. Citing Section 74 (b) of Republic Act No. 7160,
otherwise known as the Local Government Code, which states that "no
recall shall take place within one (1) year from the date of the official's
assumption to office or one (1) year immediately preceding a regular local
election". It is likewise a basic precept in statutory construction that a
statute should be interpreted in harmony with the Constitution. Thus,
the interpretation of Section 74 of the Local Government Code,
specifically paragraph (b) thereof, should not be in conflict with the
Constitutional mandate of Section 3 of Article X of the Constitution to
"enact a local government code which shall provide for a more responsive
and accountable local government structure instituted through a system
of decentralization with effective mechanism of recall, initiative, and
referendum . . . ."

Construction in Tax Laws
Chapter VI: Interpretation of Specific Types of Statutes
TAX LAWS
How are tax refunds construed?
1. La Carlota Sugar Central v. Jimenez

When the issue is whether or not the exemption from a tax imposed
by law is applicable, the rule is that the exempting provision is to be
construed liberally in favor of the taxing authority and strictly against
exemption from tax liability, the result being that statutory provisions for
the refund of taxes are strictly construed in favor of the State and against
the taxpayer. Exempting from the 17% tax all fertilizers imported by
planters or farmers through any agent other than their cooperatives, this
would be rendering useless the only exception expressly established in
the case of fertilizers imported by planters or farmers through their
cooperatives.

Who has the burden of proof?
1. CIR v. CA Ateneo case
The Commissioner erred in applying the principles of tax exemption
without first applying the well-settled doctrine of strict interpretation in
the imposition of taxes. he Court ruled that the private respondent is not
a contractor selling its services for a fee but an academic institution
conducting these researches pursuant to its commitments to education
and, ultimately, to public service. For the institute to have tenaciously
continued operating for so long despite its accumulation of significant
losses, we can only agree with both the Court of Tax Appeals and the
Court of Appeals that education and not profit is motive for undertaking
the research projects.

2. Mactan Cebu v. Marcos

Mactan Cebu International Airport Authority (MCIAA) is a taxable
person under its Charter (RA 6958), and was only exempted from the
payment of real property taxes. The grant of the privilege only in respect
of this tax is conclusive proof of the legislative intent to make it a taxable
person subject to all taxes, except real property tax. Therefore, MCIAA
has to pay the assessed realty tax of its properties effective after January
1, 1992 until the present.

Tax sales construed?
1. Serefino v. CA

The Court assailed decision of the appellate court declares that the
prescribed procedure in auction sales of property for tax delinquency
being in derogation of property rights should be followed punctiliously.
Strict adherence to the statutes governing tax sales is imperative not only
for the protection of the tax payers, but also to allay any possible
suspicion of collusion between the buyer and the public officials called
upon to enforce such laws. Notice of sale to the delinquent land owners
and to the public in general is an essential and indispensable
requirement of law, the non-fulfillment of which vitiates the sale. The
inability of the Register of Deeds to notify the actual owner or Lopez
Sugar Central of the scheduled public auction sale was partly due to the
failure of Lopez Sugar Central to declare the land in its name for a
number of years and to pay the complete taxes thereon.

Construction in Labor Laws
Rule on the construction of labor laws
1. Manahan v. ECC

This Court applied the provisions of the Workmens Compensation
Act, as amended, on passing upon petitioners claim. The illness that
claimed the life of the deceased may have its onset before 10 December
1974, thus, his action accrued before 10 December 1974. Still, in any
case, and in case of doubt, the same should be resolved in favor of the
worker, and that social legislations like the Workmens Compensation
Act and the Labor Code should be liberally construed to attain their
laudable objective, i.e., to give relief to the workman and/or his
dependents in the event that the former should die or sustain an injury.
Pursuant to such doctrine and applying now the provisions of the
Workmens Compensation Act in this case, the presumption of
compensability subsists in favor of the claimant.

2. Villavert v. ECC

From the foregoing facts of record, it is clear that Marcelino N.
Villavert died of acute hemorrhagic pancreatitis which was directly
caused or at least aggravated by the duties he performed as code verifier,
computer operator and clerk typist of the Philippine Constabulary.
Further, Article 4 of the Labor Code of the Philippines, as amended,
provides that all doubts in the implementation and interpretation of this
Code, including its implementing rules and regulations shall be resolved
in favor of labor.

3. Del Rosario & Sons v. NLRC

Articles 106 of the Labor Code provides that in the event that the
contractor or subcontractor fails to pay the wages of his employees in
accordance with this Code, the employer shall be jointly and severally
liable with his contractor or subcontractor to such employees to the
extent of the work performed under the contract, in the same manner
and extent that he is liable to employees directly employed by him, and
Article 107 provides that the provisions of the immediately preceding
Article shall likewise apply to any person, partnership, association or
corporation which, not being an employer, contracts with an independent
contractor for the performance of any work, task, job or project. The
Supreme Court affirmed the judgment under review, without prejudice to
petitioners right to seek reimbursement from Calmar Security Agency for
such amounts as petitioner may have to pay to complainants.h

Construction in Insurance
INSURANCE
Rule in the interpretation of insurance provisions
1. Ty v. First National Surety

Whether Diosdado Ty is entitled to indemnity under the insurance
policy for the disability of his left hand. While the Court sympathizes
with the plaintiff or his employer, for whose benefit the policies were
issued, it cannot go beyond the clear and express conditions of the
insurance policies, all of which define partial disability as loss of either
hand by an amputation through the bones of the wrist. There was no
such amputation in the case at bar.

2. De la Cruz v. Capital Insurance

Eduardo de la Cruz was the holder of an accident insurance policy.
Eduardo slipped and was hit by his opponent on the left part of the back
of the head, causing Eduardo to fall and death in a non-pro boxing bout.
Whether the death of the insured is covered by the policy. The terms
accident and accidental have not acquired any technical meaning,
and are construed by the courts in their ordinary and common
acceptation. In the present case, while the participation of the insured in
the boxing contest is voluntary, if without the unintentional slipping of
the deceased, perhaps he could not have received that blow in the head
and would not have died.

Ambiguous provision interpreted against insurer
1. Qua Chee Gan v. Law Union Insurer

Whether gasoline may be construed as oil to warrant the forfeiture
of claims under the insurance policy. By reason of the exclusive control
of the insurance company over the terms and phraseology of the
contract, the ambiguity must be held strictly against the insurer and
liberally in favor of the insured, especially to avoid forfeiture. There is no
reason why the prohibition of keeping gasoline in the premises could not
be expressed clearly and unmistakably, in the language and terms that
the general public can readily understand, without resort to obscure
esoteric expression.

Construction in Corporate and Naturalization Laws
CORPORATE LAW
Rule in the interpretation corporate law provisions
1. Home Insurance vs. Eastern Shipping Lines

Whether a foreign corporation doing business in the Philippines
initially without a license can claim indemnity through Philippine Courts.
The objective of the law was to subject the foreign corporation to the
jurisdiction of our courts. The Corporation Law must be given a
reasonable, not an unduly harsh, interpretation which does not hamper
the development of trade relations and which fosters friendly commercial
intercourse among countries. The Supreme Court consolidated and
granted the petitions, reversed and set aside the CFI decisions. In L-
34382 (Civil Case 71923), Eastern Shipping Lines and Angel Jose
Transportation Inc. are ordered to pay the Home Insurance Company.

NATURALIZATION LAWS
1. Co v. Republic

Whether petitioner failed to comply with the requirements
prescribed by law in order to qualify him to become a Filipino citizen.
Philippine law requires that an alien to conduct himself in a proper and
irreproachable manner during the entire period of his residence in the
Philippines in his relation with the constituted government as well as
with the community in which he is living. In the present case, in so
stating that he believes merely in our laws, he did not necessarily refer to
those principles embodied in our constitution which are referred to in the
law; the belief in democracy or in a democratic form of government is not
sufficient to comply with the requirement of the law that one must
believe in the principles underlying our constitution. Further, petitioner
failed to show that he has complied with his obligation to register his wife
and child with the Bureau of Immigration as required by the Alien
Registration Act; and further failed to file his income tax return.

2. Lee Cho v. Republic

Whether petitioner was able to comply with the requirements for
naturalization. The provisions of the Naturalization Law should be
strictly construed in order that its laudable and nationalistic purpose
may be fully fulfilled. In the present case, the petitioner has not filed any
declaration of intention to become a Filipino citizen because, as he
claims, he has resided continuously in the Philippines for a period of
more than 30 years and has given primary and secondary education to
all his children in private schools recognized by the government. This
circumstance betrays the sincerity of petitioner to become a Filipino
citizen for if his motive were proper he should not have tolerated such
deviation from the educational requirement of the law. The petitioner,
thus, has failed to qualify to become a Filipino citizen.

Other Rules in Statutory Construction
Chapter IX: Statute Construed as a Whole and in Relation to Other
Statutes
1. Lozano v. Yorac

Issues and Ruling: Whether the denial of voluntary inhibition of
Yorac in the disqualification of the case of Lozano v. Mayor Binay; and
reversal of the en banc resolution promulgated by COMELEC dismissing
the disqualification and criminal complaint against Binay on vote buying.
Yorac has not been mooted and Binay won the case and not proven
guilty of vote buying.

Chapter X: Special over General
Rule regarding conflicting provisions of the same statute
1. Manila Railroad Co. v. Collector of Customs

Issue and Ruling: Whether the lower court is favor of MRR. Where
there is in the same statute a particular enactment and also a general
one 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 provision of the
particular enactment.

2. Almeda v. Florentino

Issue and Ruling: In the Charter of Pasay, RA No. 183 changed the
composition of the Municipal Board. What provision of law should
govern? The court ruled that where there is specific law and a general
law dealing with the same subject, the specific law should prevail over
the general one.

Rule regarding conflicting provisions of different statutes
1. Laxamana v. Baltazar

Issue and Ruling: The mayor of Pampanga was suspended by virtue
of Revised Admin Code and the Laxamana was appointed by virtue of
Revised election Code. Whether Revised Admin Code should prevail over
Revised Election Code? The exceptional case is the suspension of mayors
where the Revised Admin Code prevails. In case of conflict between two
provisions of law, it is well-settled principle of statutory construction that
a special provision is paramount to a general provision.

2. Butuan Sawmill v. City of Butuan

Issue and Ruling: Whether the existing laws include the franchise
business of petitioners within the coverage of the taxing ordinance is
beyond the citys power of taxation. The inclusion of franchise business
of Butuan Sawmill is beyond the broad power of taxation of the city
under its charter. Where there are two statutes the earlier special and
the latter general the special is considered as remaining an exception to
the general as a general law of the land, the other as the law of a
particular case.

Rule in case of conflict between a special provision of a general law and a
general provision of a special law
1. City of Manila v. Teotico

Issue and Ruling: Teotico a manager, sustained a laceration on his
left eyelid and contusions on his left thigh, sued Manila city for
negligence citing Art. 2189 of the Civil Code. In defense, Manila City cited
RA 409, its Charter. Which provision of law should prevail? In terms of
territorial RA 409 applies but with regards to subject matter for
negligence in general, Art. 2189 prevails making cities liable for injuries
sustained due to defective streets in particular.

2. David v. Comelec

Issue and Ruling: Alex David, a Brgy Captain in Caloocan City,
questioned Comelecs scheduling of barangay elections. How long is the
term of barangay officials. RA 6653 provides that term of office of
barangay officials shall be for five years, however RA 7160 when it was
enacted reduced the term of all local elective officials to three years.

Amendment, Revision, Codification and Repeal
1. Tac-an v. CA

Issue and Ruling: Tac-an, a lawyer of Acopiado brothers, whose
services was terminated and his payment of services by a land title was
annulled by the brothers. Whether repealing of Admin Code of Mindanao
and Sulu, should be given retroactivity; and whether the transfer of land
to Tac-an was valid. Tac-an argued that such provisions in Admin Code
of Mindanao and Sulu was repealed, but since the Admin Code were
substantive in nature, the repealing statute cannot be given retroactive
effect.

2. Villegas v. Subido

Issue and Ruling: The Supreme Court ruled that repeals by
implication are not favored and will not be so declared unless it be
manifest that the legislature so intended.

Two requisites: 1) It must be shown that the statute deal with the
same subject matter; and, 2) the latter is inconsistent with the former, or
irreconcilable with what had been formerly enacted, and what is needed
is a manifest indication of the legislative purpose to repeal.