Documente Academic
Documente Profesional
Documente Cultură
FLAVIER)
Petitioner seeks to nullify the order of the Ombudsman
directing the preventive suspension of petitioners and
others.
ISSUE: WON the ombudsman has the power to suspend
government officials and employees working on the offices
other than the office of the ombudsman, pending the
investigation of the administrative complaints filed against
said officials and employees.
HELD: under the constitution, the ombudsman is exoressly
authorized to recommend to the appropriate official the
discipline or prosecution of erring public officials or
employees. Such being the case, said statute particularly its
provisions dealing with procedure should be given such
interpretation that will effectuate the purposes and
objectives of the constitution. any interpretation that will
hamper the work of the ombudsman should be avoided.
PRINCIPLE: (NOSCITUR A SOCIIS)
"Where a particular word is equally susceptible of various
meanings, its correct construction may be made specific by
considering the company of terms in which it is found or
with which it is associated.
(FULE V. CA)
Petitioner was convicted of violation of BP 22 by the RTC of
Lucena City on the basis of stipulation of facts entered into
between the prosecution and the defense during the pre trial
conference.
HELD: By its very language, the rule is mandatory. Under the
rule of statutory construction,
PRINCIPLE: the words and phrases are to be regarded as
mandatory while those in the affirmative are merely
directory.
CHAPTER 5
PRESUMPTIONS IN AID OF CONSTRUCTION AND
INTERPRETATION