CASE: FACTS/ISSUE
CALTEX VS Caltex sought reconsideration, stressing that there
PALOMAR being no consideration in the part of any
contestant, the contest was not condemnable as a
lottery.
Whether or not the proposed "Caltex Hooded
Pump Contest" violates the Postal Law?
NATIONAL NFL, filed a petition for direct certification as the
FEDERATIO sole exclusive collective bargaining representative
N OF of the monthly paid employees of the respondent
LABOR VS Zamboanga Wood Products, Inc. at its
EISMA manufacturing plant in Lumbayao, Zamboanga
City
Whether or not construction of the law is required
to determine jurisdiction?
PAAT VS CA The truck of Victoria de Guzman was seized by the
DENR personnel in Aritao, Nueva Ecija when it was
on its way to Bulacan because the driver was not
able to produce the required forest documents for
the forest products found concealed in the truck.
Whether or not the petitioners violated Section 68
of PD 705, as amended by EO 277, which shall,
therefore, be a ground for confiscation of their
truck?
PP VS Mapa was charged for illegal possession of
MAPA firearms in violation of section 878 of RAC in
connection 2692 of the same code as amended by
CA 56 and RA 4. Caliber 22 without license. . Mapa
admitted the accusation but on grounds of his
duty as a secret agent.
Whether or not a secret agent should, like Mapa,
be licensed firearm exempt?
DAOANG VS the respondent spouses Antero and Amanda
MUNICIPAL Agonoy filed a petition with the Municipal Court of
JUDGE, SAN San Nicolas, Ilocos Norte, seeking the adoption of
NICOLAS the minors Quirino Bonilla and Wilson Marcos.
Whether or not the respondent, spouses Antero
Agonoy and Amanda Ramos-Agonoy are
disqualified to adopt under paragraph (1), Art. 335
of the Civil Code, to wit: Art. 335. The following
cannot adopt: (1) Those who have legitimate,
legitimated, acknowledged natural children or
children by legal fiction.
PARAS VS A petition for recall was filed against Danilo Paras,
COMELEC who is the incumbent Punong Barangay of Pula,
Cabanatuan City. The recall election was
postponed due to a later date due petitioner„s
opposition that under Section 74 of RA 7160.
Whether or not the prohibition of Section 74 (b) of
the LGC may refer to SK elections, where the
recall election is for Barangay post?
FLORESCA, PHILEX petitioned before the regular courts and
VS. PHILEX sue Philex for additional damages and it invoked
MINING that they can no longer be sued because the
petitioner have already claimed benefits under the
WCA.
Whether or not Floresca et.al can claim benefits
and at the same time sue?
REPUBLIC Roridel filed a verified petition for declaration of
VS CA AND nullity of her marriage to Reynaldo Molina on the
MOLINA ground of Psychological incapacity.
HELD
Court holds that the proposed 'Caltex Hooded Pump Contest'
announced to be conducted by the petitioner under the rules
marked as Annex B of the petitioner does not violate the Postal
Law and the respondent has no right to bar the public
distribution of said rules by the mails.
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.
The Supreme Court, thus, granted the writ of certiorari, and
nullified and set aside the 20 July 1982 order issued by the
court a quo. It granted the writ of prohibition, and enjoined the
Judge of said court, or whoever acts in his behalf in the RTC
When the statue is clear and explicit, there is hardly room for
any extended court ratiocination or rationalization.
It is obvious that petitioners have the violated EO 277 when its
truck which contains forest products was not able to present
legal documents. The truck should, therefore, be subject for
confiscation
It is the first duty of the court to apply the law. Statutory
Construction comes after it has been demonstrated that
application is impossible or inadequate without them.
The law is clear that it is unlawful for any person to possess
firearms in section 878 and of the RAC, except when such are
in possession of public officials in the performance of their
duties. SC affirmed the judgment.
A statute clear and unambiguous on its face need not be
interpreted; stated otherwise; the rule is that only statutes with
an ambiguous or doubtful meaning may be the subject of
statutory construction.
The Supreme Court ruled that the words used in paragraph (1)
of Art. 335 of the Civil Code, in enumerating the persons who
cannot adopt, are clear and unambiguous. The children
mentioned therein have a clearly defined meaning in law and,
as pointed out by the respondent judge, do not include
grandchildren.
No. Petition was dismissed. Every part of the statute must
be interpreted with reference to its context. It is clear
that Sec 74 is to subject an elective local official to recall once
during his term, provided in paragraph (a) and (b). Thus
interpreting the phrase ―regular local election‖ to include SK
election will unduly circumscribe the Code since there will never
be a recall of election rendering useless in the provision.
Under the law, Floresca et.al could only do either one. The SC
however ruled that Floresca et.al is excuse from this deficiency
due to ignorance of the fact. The SC emphasized that they
would go strictly by the book in the case then the
purpose of the law may be defeated.
The Supreme Court, in addition to ruling on the facts of the
cases before it, may lay down specific guidelines in the
interpretation and application of statutes.

AISPORNA Rodolfo's wife named Mapalad, in his absence,
VS CA issued a Personal Accident Policy to Eugenio S.
Isidro. Subsequently, an information for violation
of Section 189 of Insurance Law against Mapalad
Aiporna was filed before the Court of Cabatuan
City.
Whether or not receipt of compensation is an
element of violation of Section 189 as to warrant
the acquittal of Mapalad Aisporna?
CHINA Vicente Acaban filed a complaint against Bautista
BANKING Logging Co., Inc., B & B Forest Development
CORPORAT Corporation and Marino Bautista for the collection
ION VS of a sum of money. A notice of garnishment was
ORTEGA issued and served on the Bank through its cashier,
Tan Kim Liong. The cashier refused to comply.
Whether or not the bank can be compelled to
make the disclosure pursuant to a valid notice of
garnishment, considering the provisions of the
Bank Secrecy Law?
BOARD OF Calixto Gasilao was a war veteran in good standing
ADMINISTR during the World War II. On October 19, 1955, he
ATORS, filed a claim for disability pension under Section 9,
PHILIPPIN Republic Act No. 65. The claim was disapproved
ES by the Philippine Veterans Board. Petitioner now
VETERANS claims that he was deprived of his right to the
ADMINISTR pension from October 19, 1955 to June 21, 1957
ATION VS at the rate of P50.00 per month plus P10.00 a
BAUTISTA month each for his six (6) unmarried minor
children below 18.
Whether or not Gasilao is entitled to the pension
from 1955 instead of 1968?
DAVID VS how long is the term of a Barangay Official
COMELEC
Whether or not RA 6679 should govern the term
of office of Barangay Officials?
SALVATIER 1. Whether or not Longalong is entitled to
RA VS CA reconveyance of the 149 sq. m. in Lot 26?
2. Whether or not the prescription period runs in 4
years (according to Art. 1391 of the Civil Code) or
10 years (according to Art. 1144 of the Civil
Code)?
KAPISANA RA 2023 makes credit union„s credit into top
N NG MGA priority credit in making deductions to employees„
MANGGAGA salaries
WA VS
MANILA
The Supreme Court granted the petition, and reversed and set
aside the assailed CA decision; concluding that the marriage of
Roridel Olaviano to Reynaldo Molina subsists and remains valid.
Legislative intent must be ascertained from a consideration of
the whole statute; words and phrases and clauses should not
be studied in isolation or detached from the rest.
Yes, to receive compensation by the agent is an essential
element for violation of paragraph 1 of Section 189 of the
Insurance Code. The information does not allege that the
negotiation of an insurance contract by Mapalad Aisporna was
one for compensation. Every element of the crime must be
alleged and proved to warrant a conviction.
Yes, it can. The lower court did not order an examination of or
inquiry into the deposit of B & B Forest Development
Corporation, as contemplated in the law. It merely required
Tan Kim Liong to inform the court whether or not the
defendant B & B Forest Development Corporation had a deposit
in the China Banking Corporation only for purposes of the
garnishment.
In construing the law, the Court looked at the
discussions of the conference committee report on
Senate Bill No. 351 and House Bill No. 3977, which later
became Republic Act 1405, which stated that it was not the
intention of the lawmakers to place bank deposits beyond the
reach of execution to satisfy a final judgment.
The SC ordered to make Gasilao„s pension effective 18
December 1955 at the rate of P50.00 per month plus P10.00
per month for each of his then unmarried minor children below
18, and the former amount increased to P100.00 from 22June
1957 to 7 August 1968; and declaring the differentials.
It is said that purpose of Congress in granting veteran pensions
is to compensate the people who suffered in the service while
in line of duty. The law is therefore, an expression of
gratitude to and recognition of those who rendered
service for the country. For this reason, it is the general rule
that a liberal construction is given to pension statutes in favor
of those entitled to pension.
Where a construction of statutes has been adopted, by the
legislative department and accepted by the various agencies of
the executive department, it is entitled to great respect.
These are clear contemporaneous statements of Congress that
barangay officials shall be elected in the coming May of 1997,
which was in accordance with Sec. 43-c of RA 7160.
Further, RA 7160 governs the term of office of Barangay
Officials, which was three (3) years.
When the terms of the agreement are clear and unequivocal,
the literal and plain meaning thereof should be observed.
SC ruled that there was no ambiguity in the terms and
stipulations of the extrajudicial partition. When the terms of the
agreement are clear and unequivocal, the literal and plain
meaning thereof should be observed. The applicable provision
of law in the case at bar is Article 1370 of the New Civil Code.
With the evidence of fraud and the issue involving a real
property, the court ruled that Article 1144 of the Civil Code
provides that the prescriptive period for the reconveyance of
fraudulently registered real property is ten (10) years reckoned
from the date of the issuance of the certificate of title and
should govern in the case at bar. The action has not
prescribed.
When the statutory norm speaks unequivocally, there is
nothing for the courts to do except apply it. The law, leaving no
doubt as to the scope of its operation must be obeyed.
Republic Act 2023 speaks for itself. There exists no ambiguity.
RAILROAD
COMPANY
ABELLANA A separate and independent civil action for The petition for certiorari is dismissed.
VS MARAVE damages. Petitioners sought the dismissal of such
action principally on the ground that there was no It is a well-settled doctrine that a court is to avoid construing a
reservation for the filing thereof in the City Court statute or legal norm in such a manner as would give rise to a
of Ozamis. constitutional doubt. Unfortunately, petitioners, unlike
respondent Judge, appeared to lack awareness of the
Whether or not the order was issued with grave undesirable consequence of their submission. The law as an
abuse of discretion? instrument of social control will fail in its function if through an
ingenious construction sought to be fastened on a legal norm,
particularly a procedural rule, there is placed an impediment to
a litigant being given an opportunity of vindicating an alleged
right.
PHILIPPIN PAFLU contested the results, claiming that the The contemporaneous construction of a statute by the
E spoiled ballots should have been counted in executive officers of the government, whose duty it is to
ASSOCIATI determining what would constitute a ―majority of execute it, is entitled to great respect, and should ordinarily
ON OF FREE the votes‖ control the construction of the statute by the courts.
LABOR
UNIONS Whether or not the spoiled ballots should be No, they should not. The case cited was decided under the
VS. counted? Industrial Peace Act. It cannot be applied here because the
BUREAU OF issue arose in 1974, two years after the effectivity of the
LABOR present Labor Code. The judiciary can only nullify a rule in
RELATIONS conflict with the statute, which is not the case here.
PHILIPPIN A collective bargaining agreement was made No. there was no formal agreement on April 2, 1977 regarding
E APPAREL between Petitioners and Management of the the increase. Moreover, the opinion of the undersecretary of
WORKERS’ Philippine Apparel Inc. Labor was based on a wrong premise and misinterpretation by
UNION CBA stipulated a P22.00 increase in monthly wage PAI Management. It was unlawful and beyond the scope of
vs. THE of workers that will retroact from April 1, 1977. law.
NATIONAL However, on May of the same year, PD 1123
LABOR granted a P60.00. Labor contends that increase
RELATIONS does not fall within the exemption since the CBA
COMMISSI was signed on September after PD 1123 has been
ON passed.
APPAREL
PHILIPPIN
E APPAREL,
INC.
INSULAR The Union filed a complaint against the bank for So long as the regulations relate to carrying into effect the
BANK OF the payment of holiday pay. provisions of the law, they are valid. Where an administrative
ASIA AND The bank, by reason of the ruling laid down by the order betrays inconsistency or repugnancy to the provisions of
AMERICA rule implementing Article 94 of the Labor Code the Act, the mandate of the Act must prevail and must be
EMPLOYEES and by Policy Instruction 9, stopped the payment followed.
UNION VS of holiday pay to an its employees. The Office of
INCIONG the Minister of Labor, through Deputy Minister No. the Ministry of Labor is not correct in determining that
Amado G. Inciong, issued an order setting aside monthly paid employees are excluded from the benefits of
the resolution en banc of the NLRC dated 20 June holiday pay. From Article 92 of the Labor Code, as amended by
1978, and dismissing the case for lack of merit. Presidential Decree 850, and Articel 82 of the same Code, it is
clear that monthly paid employees are not excluded from the
benefits of holiday pay.
CHARTERE Files a complaint against private respondent When the language of law is clear and unequivocal, the law
D BANK Chartered Bank, for the payment of 10 unworked must be taken to mean exactly what it says. An administrative
EMPLOYEES legal holidays, as well as premium and overtime interpretation, which diminishes the benefits of labor more than
VS OPLE differentials for worked legal holidays from what the statute delimits or withholds, is obviously ultra vires.
November 1, 1974. Mr. Ople dismissed. Employees
who are uniformly paid by the month, irrespective Yes. Mr. Ople, who is the Secretary of Labor, had exceeded his
of the number of working days therein, with a statutory authority in connection to Article 5 of the Labor Code
salary of not less than the statutory or established authorizing him to promulgate the necessary implementation of
minimum wage shall be presumed to be paid for the rules and regulation.
all days in the month whether worked or not.

Whether or not the Secretary of Labor committed

a mistake and acted contrary to law in
promulgating Section 2 Rule 4 o the Integrated
Rules and Policy Instruction no. 9?
VICTORIAS Counsel further questioned the validity of the When an administrative agency promulgates rules and
MILLING circular for lack of authority on the part of the regulations, it "makes" a new law with the force and effect of a
VS. SOCIAL Social Security Commission to promulgate it valid law, while when it renders an opinion or gives a statement
SECURITY without the approval of the President and for lack of policy; it merely interprets a pre-existing law.
COMMISSI of publication in the Official Gazette.
ON
Whether or not Circular No. 22 is an example of
rules and regulations or opinion?
SARMIENT Mr. Salvador Mison was appointed as the
O VS. Commissioner of the Bureau of Customs and
SALVADOR Guillermo Carague as the Secretary of the
MISON Department of Budget.
Questioned the appointment of the two without
confirmation by the Commission on Appointments
It is an opinion. Circular No. 22 purports merely to advise
employers-members of the System of what, in the light of the
amendment of the law, they should include in determining the
monthly compensation of their employees upon which the
social security contributions should be based, and that such
circular did not require presidential approval and publication in
the Official Gazette for its effectivity.
Yes. The constitution clearly states whom the President can
appoint. Section 16, Article VII of the 1987 Constitution
The first paragraph and the word alone in the first paragraph of
Article 7 of the constitution clearly and expressly say the intent
of its framers was to exclude presidential appointments from
confirmation by the Commission on Appointments.

Whether or not their appointments are valid? The petition is thus denied and their appointments were
affirmed by the Supreme Court.
PERFECTO Required plaintiff-appellee to pay income tax upon The 1935 Constitution provides in its Article VIII, Section 9 that
VS. MEER his salary as a member of this court during the the members of the Supreme Court and all judges of inferior
year 1946. courts ―shall receive such compensation as may be fixed by
law, which shall not be diminished during their continuance in
Whether or not the imposition of an income tax office‖.
upon this salary in 1946 amount to a diminution
thereof? Salaries of judges are not included in the word ―income taxed‖
by the Income Tax Law.
ENDENCIA Whether or not the salaries of judicial officers are Whenever a statute is in violation of the fundamental law, the
VS. DAVID subject to taxation by virtue of Sec. 13 of R.A. courts must so adjudge and thereby give effect to the
590? Constitution.

In this case, the Congress provided, through R.A. 590, that

―No salary xx by any public officer xx shall be considered as
exempt from the income tax, payment of which is hereby
declared not to be diminution of his compensation fixed by the
Constitution or by law‖, which violated the principle of
separation of powers as it, being a legislative branch, tried to
usurp the authority of the judiciary to define and interpret
when it passed such declaratory act. Whenever a statute is in
violation of the fundamental law, the courts must so adjudge
and thereby give effect to the Constitution. Any other course
would lead to the destruction of the Constitution.
NITAFAN They seek to prohibit and/or perpetually enjoin the The primary task in constitutional construction is to ascertain
VS. Commissioner of Internal Revenue and the and thereafter assure the realization of the purpose of the
COMMISSI Financial Officer of the Supreme Court, from framers and of the people in the adoption of the Constitution.
ONER OF making any deduction of withholding taxes from
INTERNAL their salaries. No, the salaries of the petitioners or the members of the
REVENUE Judiciary are not exempt from payment of income taxes
AND THE Whether or not the salary of the petitioners or the because their salaries are subject to the general income tax
FINANCIAL members of the Judiciary are exempt from applied to all taxpayers as per the intent of the1986
OFFICER payment of income taxes? Constitutional Commission. Their intent was to delete the
proposed express grant of exemption from payment of income
tax to members of the Judiciary, so as to give substance to
equality among the three branches of Government.

Justices and judges are not only the citizens whose income has
been reduced in accepting service in government and yet
subject to income tax. Such is true also of Cabinet members
and all other employees.
AGLIPAY Whether or not the issuance of the postage The Preamble of the Constitution may be referred to in the
VS. RUIZ stamps was in violation of the Constitution? construction of Constitutional provisions.

No. Religious freedom, as a constitutional mandate, is not

inhibition of profound reverence for religion and is not denial of
its influence in human affairs. They thereby manifested reliance
upon Him who guides the destinies of men and nations. The
elevating influence of religion in human society is recognized
here as elsewhere.
PRIMICIAS A criminal complaint was filed against plaintiff Municipal Ordinances are inferior in status and subordinate to
VS THE Primiscias for violation of Municipal Ordinance No. the laws of state. Following this general rule, whenever there is
MUNICIPAL 3, Series of 1964 after being apprehended by a a conflict between an ordinance and a statute, the ordinance
ITY OF member of the Municipal Police for overtaking a must give way.
URDANETA, truck.
PANGASIN Yes, the Supreme Court ruled that subject ordinance has been
AN Whether or not Ordinance No. 3, Series of 1964, repealed by the enactment of RA 4316 and has therefore,
enacted by the Municipal Council of Urdaneta, become null and void stating that a later law prevails over an
Pangasinan, is null and void? earlier law.

REPEALS
ASTORGA Senator Tolentino made a press statement that the Since both the Senate President and the Chief Executive
V. enrolled copy of House Bill No. 9266 was a wrong withdrew their signatures therein, the court declared that the
VILLEGAS version of the bill because it did not embody the bill was not duly enacted and therefore did not become a law.
amendments introduced by him and approved by The Constitution requires that each House shall keep a journal.
the Senate. Both the Senate President and the An importance of having a journal is that in the absence of
President withdrew their signatures and attestation or evidence of the bill‟s due enactment, the court
denounced RA 4065 as invalid. may resort to the journals of the Congress to verify such.

W/N House Bill No. 9266 is considered enacted

and valid.
TAC-AN VS
CA

MATABUEN Petitioner sought the nullification of the donation
A V. citing Art.133 of the Civil Code “Every donation
CERVANTES between the spouses during the marriage shall be
void.”
W/N the prohibition applies to donations between
live-in partners.
PP VS. V. Defendant was accused of illegal possession of
MAPA firearms. He invokes in his defense that he was an
appointed Secret Agent and the case of
Macarandang.
W/N a Secret Agent falls among those authorized
to possess firearms.
PEOPLE V. Accused was found guilty of the crime of illegal
SANTAYAN possession of firearms. W/N the appointment of
A the Appellant as a special agent of the CIS, which
apparently authorizes him to carry and possess
firearms, exempts him from securing a license or
permit corresponding thereto.
REP. V. Petitioners filed an instant petition alleging that
ESTENZO the trial court erred in assuming jurisdiction over
the petition for reopening the cadastral
proceedings.
W/N RA 6236 applies to the reopening of cadastral
proceedings on certain lands which were declared
public lands
MUTUC VS COMELEC‟s contention that the jingle proposed to
COMELEC be used by Mutuc is a recorded or taped voice of a
singer and therefore a tangible propaganda
material
Yes. It is a fundamental principle in statutory construction that
what is within the spirit of the law is as much a part of the law
as what is written. Since the reason for the ban on donations
between spouses during the marriage is to prevent the
possibility of undue influence and improper pressure being
exerted by one spouse on the other, there is no reason why
this prohibition shall not apply also to common-law
relationships.
No. The court held that the law cannot be any clearer. The law
does not contain any exception for secret agent therefore
holding this position would not constitute a sufficient defense
to a prosecution for a crime of illegal possession of firearm and
ammunitions.
The Court‟s ruling overturned that of People v. Macarandang.
Yes. At the time of appellant‟s apprehension, the doctrine then
prevailing was enunciated in the case of People vs.
Macarandang which puts him within the category of a „peace
officer‟ equivalent even to a member of the municipal police
expressly covered by Section 879.
The job of the judiciary is to apply laws, not interpret it.
No. RA 6236 does not apply to the reopening of cadastral
proceedings on certain lands which were declared public lands.
The Respondent judge was wrong in interpreting that RA 6236
is applicable;
No. By virtue of Ejusdem Generis, general words following any
enumeration must be of the same class

Whether or not COMELEC‟s contention is correct.

PEOPLE V. Manantan was charged with a violation of Section
MANANTAN 54 of the Revised Election Code.
Whether the justice of the peace was excluded
from the coverage of Section 54 of the
Revised Election Code
LOPEZ & Petitioner appealed directly to Respondent Court
SONS, INC. but they dismissed it for lack of jurisdiction citing
V. COURT Sec. 7 of RA 1125 creating said Tax Court.
No. Under the rule of Casus omisus pro omisso habendus est, a
person, object or thing omitted from an enumeration must be
held to have been omitted intentionally. The maxim „casus
omisus‟ can operate and apply only if and when the omission
has been clearly established.
For in its most extensive sense the term 'judge' includes all
officers appointed to decide litigated questions while acting in
that capacity, including justice of the peace, and even jurors, it
is said, who are judges of facts. The intention of the Legislature
did not exclude the justice of the peace from its operation. The
term judge is used in its generic sense.
Under the rule of statutory construction, it is not the letter, but
the spirit of the law and the intent of the legislature that is
important.
OF TAX Provision says that “the Court has jurisdiction to
APPEALS review decisions of Commissioner of Customs.
However, under Sec. 11 of same Act, the Court
has jurisdiction to review rulings of the Collector of
Customs when brought by persons affected
thereby.
W/N Respondent Court has jurisdiction to review
the decisions of the Collector of Customs.
SANCIANG W/N an appointive member of the Sangguniang
CO V. ROÑO Panglungsod, who ran for the position of
Mambabatas Pambansa in the elections of May 14,
1984, should be considered as resigned or on
forced leave of absence upon filing of his
certificate of candidacy.
CAPATI V. the construction was completed on a date later
OCAMPO than what was agreed in their contract. Hence,
Plaintiff filed in the CFI of Pampanga an action for
recovery of consequential damages due to the
delay. Defendant filed a motion to dismiss the
complaint on the ground that venue of
action was improperly laid.
W/N the dismissal of the complaint on the ground
of improper venue was correct.
GMCR V. Whether the NTC is a collegial body or under the
BELL direct and sole control of Commissioner Kintanar.
TELECOMM
UNICATION
S INC.
ALFON V. Petitioner files a petition to have her named
REPUBLIC changed from Maria Estrella Veronica Primitiva
Duterte to Estrella Alfon. The reasons she gave on
why she was petitioning to have her name
changed are the following: 1. She has been using
the name Estrella Alfon from infancy. 2. She has
been enrolled from Grade school to College in the
same name. 3. All acquaintances know her as
Estrella Alfon. 4. She exercised her right to
suffrage under the same name.
W/N legitimate and legitimated children are
required to use the surname of their father.
RURA V. Petitioner was accused, tried and convicted of five
LOPENA (5) counts of estafa committed on different dates.
Only a single decision was rendered. The
Petitioner then applied for probation but was
denied by the fiscal on the ground that he had
been previously convicted by final judgment of an
offense. The fiscal invoked Sec. 9 of the Probation
Law, which disqualifies persons who have
previously been convicted by final judgment
from applying for probation.
How should the word “previously” be construed?
NATIONAL W/N employees of Petitioner are covered by the
HOUSING Labor Code or by the laws and regulations
CORPORAT governing the civil service.
ION V.
JUCO
DEMAFILES 2. W/N the board members who were candidates
V. for reelection were disqualified from sitting in the
COMELEC board in its capacity as a municipal board of
canvassers.
Yes, there is indeed a disparity between Sec. 7 and 11 of same
RA. The Supreme Court concurred with the positions of the
Solicitor General that a clerical error was committed in Sec. 11
and the word Collector should read Commissioner.
The legislative intent of Sec. 13(2) of BP 697 is clear that even
appointive Barangay officials are deemed also covered by the
said provision. Since he is unquestionably an appointive
member, he is deemed to have ipso facto ceased to be such
member when he filed his certificate of candidacy for the May
1984 Batasan elections.
No. The rule on venue of personal actions cognizable by the
CFI is found in Sec. 2(b), Rule 4 of the Rules of Court, which
provides that such "actions may be commenced and tried
where the Defendant or any of the Defendants resides or may
be found."
The word "may" is merely permissive and operates to confer
discretion upon a party. Under ordinary circumstances, the
term "may be" connotes possibility; it does not connote
certainty. "May" is an auxillary verb indicating liberty,
opportunity, permission or possibility
The NTC is a collegial body and its decisions should be reached
by a majority vote. Executive Order 146 creating the NTC
clearly shows that the NTC shall be composed of a head
commissioner and 2 deputy commissioners suggesting its
collegial nature. Therefore the acts of Chairman Kintanar are
void ab initio for being unabashedly contrary to law.
No. The word "principally" as used in Article 364 is not
equivalent to "exclusively" so that there is no legal obstacle if a
legitimate or legitimated child should choose to use the
surname of its mother to which he or she is equally entitled.
Petitioner is therefore allowed to change her name from Maria
Estrella Veronica Primitiva Alfon Duterte to Estrella Alfon
The word “previously” refers to the date of the conviction and
not to the dates of the crimes involved. Although he was guilty
of five counts of estafa, they were tried jointly and only one
decision was handed down. Hence, when Petitioner applied for
Probation he had not yet had a final judgment of conviction on
his record. He is eligible for probation under such
circumstances.
Petitioner is government owned as it never had any private
stockholders. Clearly, the inclusion of government owned or
controlled corporation carries out a message that the coverage
is broad and all-embracing. Furthermore, P.D. 807 Sec. 56
implements the said provision. In addition to this, the Labor
Code states that the mentioned corporations shall be governed
by the Civil Service Law.
No, a canvassing board may not reject any returns due to
whatever cause. However, since there is a possibility of fraud,
the canvass made and proclamation should be annulled. The
law states “any member of a provincial board or of municipal
council who is a candidate for office in any election, shall be

ARABAY FACTS: The Municipality of Dipolog enacted
INC. V. CFI Ordinance No. 19 that charged tax for the selling
OF and distribution of gasoline, lubricating oils, diesel
ZAMBOANG fuel oils, and petroleumbased products. Arabay
A Inc., distributor of gas, oil and other petroleum
products, contested the validity of such on the
ground that the tax is beyond the power of a
municipality to levy under Sec. 2 of RA No. 2264,
which provides that municipalities may not impose
tax on articles subject to specific tax except
gasoline.
W/N Arabay Inc. is entitled to a refund.
PEOPLE V. Sec. 14 of the Anti-Carnapping Act
MEJIA
1. W/N the phrase “is killed” covers both homicide
and murder.
2. If the crime was frustrated murder, would the
penalty be life imprisonment or reclusion perpetua
to death?
3. W/N frustrated homicide would be treated as a
separate offense.
incompetent to act on the said body.” Since Respondent
Commission has the power to annul and illegal canvass and
proclamation, there is no reason as to why it cannot order
canvassing bodies to count all returns which are otherwise
regular.
Yes, the ordinance levied a sales tax not only because of the
character of the ordinance as a sales tax ordinance, but also
because the phraseology of the provision reveals in clear terms
the intention to impose a tax on sale. It is evident from the
terms that the amount of the tax that may be collected is
directly dependent upon to the volume of sales. Since Sec. 2 of
the Local Autonomy Act prohibits the municipality from
imposing sales and specific tax, with the exception of gasoline,
there subsists the right of Arabay Inc. to a refund.
1. The words “is killed” make no distinction between
homicide and murder. Whether it is one or the other which
is committed “in the course of carnapping or on the occasion
thereof” makes no difference in so far as the penalty is
concerned. The killing, whether it is homicide or murder,
cannot be treated as a separate offense and only serves to
qualify the carnapping. The phrase “is killed” refers only to
consummated murder, and not frustrated murder.
Frustrated homicide (or murder) is not treated as a
separate offense as it is deemed to fall under the clause of
Sec. 14 “by means of violence or in intimidation of persons”.