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COMPILATION
PART
5:
INTERPRETATION
OF
WORDS
“Previously”
(14)
Rura
vs
Lopena,
G.R.
No.
L-‐69810-‐14,
June
19,
1985
This
case
involves
the
application
of
the
Probation
Law
(P.D.
No.
968,
as
amended),
more
specifically
Section
9
thereof
which
disqualifies
from
probation
those
persons:
(c)
who
have
previously
been
convicted
by
final
judgment
of
an
offense
punished
by
imprisonment
of
not
less
than
one
month
and
one
day
and
or
a
fine
of
not
less
than
Two
Hundred
Pesos.
Petitioner
Teodulo
Rura
was
accused,
tried
and
convicted
of
five
(5)
counts
of
estafa
committed
on
different
dates
in
the
Municipal
Circuit
Trial
Court
of
Tubigon-‐Clarin,
Tubigon,
Bohol,
denominated
as
Criminal
Case
Nos.
523,
524,
525,
526
and
527.
The
five
cases
were
jointly
tried
and
a
single
decision
was
rendered
on
August
18,
1983.
Rura
was
sentenced
to
a
total
prison
term
of
seventeen
(17)
months
and
twenty-‐five
(25)
days.
In
each
criminal
case
the
sentence
was
three
(3)
months
and
fifteen
(15)
days.
Rura
appealed
to
the
Regional
Trial
Court
of
Bohol
but
said
court
affirmed
the
decision
of
the
lower
court.
When
the
case
was
remanded
to
the
court
of
origin
for
execution
of
judgment,
Rura
applied
for
probation.
The
application
was
opposed
by
a
probation
officer
of
Bohol
on
the
ground
Chat
Rura
is
disqualified
for
probation
under
Sec.
9
(c)
of
the
Probation
law
quoted
above.
The
court
denied
the
application
for
probation.
A
motion
for
reconsideration
was
likewise
denied.
Hence
the
instant
petition.
The question which is raised is whether or not the petitioner is disqualified for probation.
Though
the
five
estafa
cases
were
jointly
tried
and
decided
by
the
court
convicting
the
accused
thereof,
yet
the
dates
of
commission
are
different.
Upon
conviction
he
was
guilty
of
said
offenses
as
of
the
dates
of
commission
of
the
acts
complained
of.
(Rollo,
p,
58.)
We
beg
to
disagree.
There
is
no
previous
conviction
by
final
judgment
to
speak
of.
The
five
(5)
cases
of
Estafa
were
tried
jointly
and
there
is
only
one
decision
rendered
on
the
same
date—August
18.
1983.
It
could
not
be
presumed
that
accused-‐petitioner
had
been
convicted
one
after
the
other
for
the
five
cases
of
Estafa
because
the
conviction
in
these
cases
took
place
within
the
same
day,
August
18,
1983
by
means
of
a
Joint
Decision,
and
not
in
a
separate
decision.
Previous
conviction,
we
submit,
presupposes
that
there
is
a
prior
sentence
or
that
there
was
already
a
decision
rendered
which
convicted
the
accused.
In
this
instant
cases,
however,
there
is
only
one
decision
rendered
on
the
five
(5)
counts
of
Estafa
which
was
promulgated
on
the
same
date.
In
other
words
the
effects
of
conviction
does
not
retract
to
the
date
of
the
commission
of
the
offense
as
the
trial
court
held.
(Id.,
pp,
8-‐9.)
We
hold
for
the
petitioner.
When
he
applied
for
probation
he
had
no
previous
conviction
by
final
judgment.
When
he
applied
for
probation
the
only
conviction
against
him
was
the
judgment
which
was
the
subject
of
his
application.
The
statute
relates
"previous"
to
the
date
of
conviction,
not
to
the
date
of
the
commission
of
the
crime.
WHEREFORE,
the
petition
is
granted
and
the
respondent
judge
is
directed
to
give
due
course
to
the
petitioner's
application
for
probation.
No
costs.
SO ORDERED.
“Term”
vs
“Tenure”
(15)
Appari
vs
CA,
G.R.
No.
L-‐30057,
January
31,
1984
This
petition
for
certiorari
seeks
to
review
the
decision
of
the
then
Court
of
Appeals
(now
Intermediate
Appellate
Court
under
BP
129)
dated
September
24,
1968,
affirming
the
decision
of
the
then
Court
of
First
Instance
(now
Regional
Trial
Court),
the
dispositive
portion
of
which
is
as
follows:
WHEREFORE,
the
judgment
of
the
lower
court
insofar
as
it
decrees
the
dismissal
of
the
present
petition
for
mandamus
is
hereby
affirmed,
without
pronouncement
as
to
costs
(p.
50,
rec.).
On
January
15,
1960,
private
respondents
(as
members
of
the
Board
of
Directors
of
the
defunct
National
Resettlement
and
Rehabilitation
Administration
created
under
Republic
Act
No.
1160,
approved
June
18,
1954
—
NARRA)
approved
the
following
resolution:
RESOLVED,
as
it
is
hereby
resolved,
to
appoint
Mr.
Bruno
0.
Aparri,
as
General
Manager
of
the
National
Resettlement
and
Rehabilitation
Administration
(NARRA)
with
all
the
rights,
prerogatives
and
compensation
appurtenant
thereto
to
take
effect
on
January
16,
1960);
RESOLVED
FURTHER,
as
it
is
hereby
resolved,
to
inform
the
President
of
the
Philippines
of
the
above
appointment
of
Mr.
Aparri
(p.
2,
rec.).
Pursuant
thereto,
private
respondent
Remedies
O.
Fortich,
in
her
capacity
as
Chairman
of
the
NARRA
Board,
appointed
petitioner
Bruno
O.
Aparri
as
reflected
in
the
following
letter:
SIR:
You
are
hereby
appointed
as
GENERAL
MANAGER
in
the
National
Resettlement
and
Rehabilitation
Administration
(NARRA)
with
compensation
at
the
rate
of
TWELVE
THOUSAND
(P12,000.00)
PESOS
per
annum
the
appointment
to
take
effect
January
16,1960
.
.
.
.
REINSTATEMENT
...
(p.
2,
rec.).
The
power
of
the
Board
of
Directors
of
the
NARRA
to
appoint
the
general
manager
is
provided
for
in
paragraph
(2),Section
8,
Republic
Act
No.
1160
(approved
June
18,
1954),
to
wit:
Sec.
8.
Powers
and
Duties
of
the
Board
of
Directors.
—
The
Board
of
Directors
shall
have
the
following
powers
and
duties:
...
2)
To
appoint
and
fix
the
term
of
office
of
General
Manager
...,
subject
to
the
recommendation
of
the
Office
of
Economic
Coordination
and
the
approval
of
the
President
of
the
Philippines,
....
The
Board,
by
a
majority
vote
of
all
members,
may,
for
cause,
upon
recommendation
of
the
Office
of
Economic
Coordination
and
with
the
approval
of
the
President
of
the
Philippines,
suspend
and/or
remove
the
General
Manager
and/or
the
Assistant
General
Manager
(p.
46,
rec.,
emphasis
supplied).
On March 15, 1962, the same Board of Directors approved the following resolution:
NOW,
THEREFORE,
BE
IT
RESOLVED,
as
it
is
hereby
resolved,
that
the
Board
of
Directors
hereby
fix,
as
it
is
hereby
fixed,
the
term
of
office
of
the
incumbent
General
Manager
of
the
National
Resettlement
and
Rehabilitation
Administration
(NARRA)
to
March
31,
1962
(pp.
6-‐7,
rec.,
emphasis
supplied).
Petitioner
filed
a
petition
for
mandamus
with
preliminary
injunction
with
the
then
Court
of
First
Instance
of
Manila
on
March
29,
1962.
The
petition
prayed
to
annul
the
resolution
of
the
NARRA
Board
dated
March
15,
1962,
to
command
the
Board
to
allow
petitioner
to
continue
in
office
as
General
Manager
until
he
vacates
said
office
in
accordance
with
law
and
to
sentence
the
private
respondents
jointly
and
severally
to
pay
the
petitioner
actual
damages
in
the
sum
of
P95,000.00,
plus
costs.
On
August
8,
1963,
when
the
case
was
still
pending
decision
in
the
lower
court,
Republic
Act
No.
3844,
otherwise
known
as
the
Agricultural
Land
Reform
Code,
took
effect.
The
said
law
abolished
the
NARRA
(Sec.
73,
R.A.
3844)
and
transferred
its
functions
and
powers
to
the
Land
Authority.
On
October
21,
1963,
the
then
Court
of
First
Instance
of
Manila
rendered
judgment,
finding
"that
this
case
has
become
academic
by
reason
of
the
approval
of
the
Agricultural
Land
Reform
Code
(Republic
Act
No.
3844)
and
thereby
dismissing
the
instant
petition
without
pronouncement
as
to
costs"
(p.
5,
rec.).
On
appeal
to
the
then
Court
of
Appeals,
the
appellate
tribunal
speaking
through
then
Mr.
Justice
Antonio
C.
Lucero,
affirmed
the
decision
of
the
lower
court.
in
dismissing
the
petition
for
mandamus.
Pertinent
provisions
of
the
decision
are
as
follows:
In
the
light
of
the
foregoing
facts,
it
is
evident
that
Bruno
O.
Aparri
accepted
the
position
of
General
Manager
without
fixed
term
and
his
appointment
is,
in
essence,
terminable
at
the
pleasure
of
the
appointing
power
which,
in
this
case,
is
the
Board
of
Directors.
Where,
as
in
the
case
at
bar,
the
appointing
officer,
that
is,
the
Board
of
Directors,
had
fixed
the
term
of
office
of
the
incumbent
Manager
to
end
on
March
31,
1962,
the
replacement
of
Bruno
O.
Aparri
is
not
removal
but
by
reason
of
the
term
of
his
office
which
is
one
of
the
recognized
modes
of
terminating
official
relations.
Considering
that
the
term
of
office
of
the
General
Manager
of
the
NARRA
is
not
fixed
by
law
nor
has
it
been
fixed
by
the
Board
of
Directors
at
the
time
of
his
appointment
although
it
had
the
power
to
do
so,
it
is
obvious
that
the
term
of
office
of
herein
petitioner
Bruno
O.
Aparri
expired
on
March
31,
1962
and
his
right
to
hold
the
said
office
was
thereby
extinguished.
In
other
words,
Bruno
O.
Aparri
cessation
from
office
invokes
no
removal
but
merely
the
expiration
of
the
term
of
office
which
was
within
the
power
of
the
Board
of
Directors
to
fix.
Hence,
Bruno
O.
Aparri
continues
only
for
so
long
as
the
term
of
his
office
has
not
ended
(Alba
vs.
Hon.
Jose
N.
Evangelists,
100
Phil.
683)
[Decision
of
the
Court
of
Appeals,
pp.
48-‐49,
rec.,
emphasis
supplied].
The motion for reconsideration by petitioner in the then Court of Appeals was denied on January 10, 1969.
On
January
20,
1969,
the
petitioner
filed
a
petition
for
certiorari
to
review
the
decision
of
the
then
Court
of
Appeals
dated
September
24,
1968
(pp.
1-‐41,
rec.).
The
same
was
initially
denied
for
lack
of
merit
in
a
resolution
dated
January
27,
1969
(p.
55,
rec.);
but
on
motion
for
reconsideration
filed
on
February
11,
1969,
the
petition
was
given
due
course
(p.
66,
rec.).
The
only
legal
issue
sought
to
be
reviewed
is
whether
or
not
Board
Resolution
No.
24
(series
of
1962)
was
a
removal
or
dismissal
of
petitioner
without
cause.
WE affirm. WE hold that the term of office of the petitioner expired on March 31, 1962.
A
public
office
is
the
right,
authority,
and
duty
created
and
conferred
by
law,
by
which
for
a
given
period,
either
fixed
by
law
or
enduring
at
the
pleasure
of
the
creating
power,
an
individual
is
invested
with
some
portion
of
the
sovereign
functions
of
the
government,
to
be
exercise
by
him
for
the
benefit
of
the
public
([Mechem
Public
Offices
and
Officers,]
Sec.
1).
The
right
to
hold
a
public
office
under
our
political
system
is
therefore
not
a
natural
right.
It
exists,
when
it
exists
at
all
only
because
and
by
virtue
of
some
law
expressly
or
impliedly
creating
and
conferring
it
(Mechem
Ibid.,
Sec.
64).
There
is
no
such
thing
as
a
vested
interest
or
an
estate
in
an
office,
or
even
an
absolute
right
to
hold
office.
Excepting
constitutional
offices
which
provide
for
special
immunity
as
regards
salary
and
tenure,
no
one
can
be
said
to
have
any
vested
right
in
an
office
or
its
salary
(42
Am.
Jur.
881).
The
National
Resettlement
and
Rehabilitation
Administration
(NARRA)
was
created
under
Republic
Act
No.
1160
(approved
June
18,1954),
which
provides
that:
Sec.
2.
NATIONAL
RESETTLEMENT
AND
REHABILITATION
ADMINISTRATION
—
...
there
is
hereby
created
a
corporation
to
be
known
as
National
Resettlement
and
Rehabilitation
Administration
hereafter
referred
to
as
"NARRA"
to
perform
under
the
supervision
and
control
of
the
President
of
the
Philippines,
through
the
Office
of
Economic
Coordinator
all
the
duties
and
functions
of
the
Bureau
of
Lands
as
provided
for
in
Commonwealth
Act
numbered
Six
Hundred
and
Ninety-‐one,
as
amended,
and
such
other
duties
as
are
hereinafter
specified
in
this
Act.
It
shall
be
headed
by
a
General
Manager
and
an
Assistant
Manager
who
shall
be
appointed
as
hereinafter
provided
(emphasis
supplied).
Paragraph
2,
Section
8
of
Republic
Act
1160
expressly
gives
to
the
Board
of
Directors
of
the
NARRA
the
power
"to
appoint
and
fix
the
term
of
office
of
the
general
manager
...
subject
to
the
recommendation
of
Economic
Coordination
and
the
approval
of
the
President
of
the
Philippines"
(emphasis
supplied).
By
"appointment"
is
meant
the
act
of
designation
by
the
executive
officer,
board
or
body,
to
whom
that
power
has
been
delegated,
of
the
individual
who
is
to
exercise
the
functions
of
a
given
office
(Mechem
op.
cit.,
Sec.
102).
When
the
power
of
appointment
is
absolute,
and
the
appointee
has
been
determined
upon,
no
further
consent
or
approval
is
necessary,
and
the
formal
evidence
of
the
appointment,
the
commission,
may
issue
at
once.
Where,
however,
the
assent
or
confirmationof
some
other
officer
or
body
is
required,
the
Commission
can
issue
or
the
appointment
is
complete
only
when
such
assent
or
condition
is
obtained
(People
vs.
Bissell,
49
Cal.
407).
To
constitute
an
"appointment"
to
office,
there
must
be
some
open,
unequivocal
act
of
appointment
on
the
part
of
the
appointing
authority
empowered
to
make
it,
and
it
may
be
said
that
an
appointment
to
office
is
made
and
is
complete
when
the
last
act
required
of
the
appointing
authority
has
been
performed
(Molnar
vs.
City
of
Aurora,
348
N.E.
2d
262,
38
III
App.
3d
580).
In
either
case,
the
appointment
becomes
complete
when
the
last
act
required
of
the
appointing
power
is
performed
(State
vs.
Barbour,
53
Conn.
76,
55
Am.
Rep.
65).
The
petitioner
was
appointed
as
general
manager
pursuant
to
Resolution
No.
13
(series
of
1960
—
approved
on
January
15,
1960)
of
the
Board
of
Directors.
A
careful
perusal
of
the
resolution
points
out
the
fact
that
the
appointment
is
by
itself
incomplete
because
of
the
lack
of
approval
of
the
President
of
the
Philippines
to
such
appointment.
Thus,
We
note
that
Resolution
No.
13
states:
...
RESOLVED
FURTHER,
as
it
is
hereby
resolved,
to
inform
the
President
of
the
Philippines
of
the
above
appointment
of
Mr.
Aparri
(p.
2,
rec.).
Presumably,
the
Board
of
Directors
of
the
NARRA
expected
that
such
appointment
be
given
approval
by
the
then
President.
Lacking
such
approval
by
the
President
as
required
by
the
law
(par.
2,
Sec.
8
of
R.A.
1160),
the
appointment
of
petitioner
was
not
complete.
The
petitioner
can,
at
best,
be
classified
as
a
de
facto
officer
because
he
assumed
office
"under
color
of
a
known
appointment
or
election,
void
because
the
officer
was
not
eligible
or
because
there
was
a
want
of
power
in
the
electing
body,
or
by
reasons
of
some
defect
or
irregularity
in
its
exercise,
such
ineligibility,
want
of
power,
or
defect
being
unknown
to
the
public"
(State
vs.
Carroll,
38
Conn.
449,
9Am.
Rep.
409).
However,
such
appointment
was
made
complete
upon
approval
of
Resolution
No.
24
(series
of
1962-‐approved
March
15,
1962)
wherein
the
President
submitted
to
the
Board
his
"desire"
to
fix
the
term
of
office
of
the
petitioner
up
to
the
close
of
office
hours
on
March
31,
1962.
The
questioned
resolution
corrected
whatever
requisite
lacking
in
the
earlier
Resolution
No.
13
of
the
respondent
Board.
Resolution
No.
24,
approved
by
the
respondent
Board
and
pursuant
to
"the
desire
of
the
President"
legally
fixed
the
term
of
office
of
petitioner
as
mandated
by
paragraph
2,
Section
8
of
Republic
Act
1160.
The
word
"term"
in
a
legal
sense
means
a
fixed
and
definite
period
of
time
which
the
law
describes
that
an
officer
may
hold
an
office
(Sueppel
vs.
City
Council
of
Iowa
City,
136
N.W.
2D
523,
quoting
67
CJS
OFFICERS,
secs.
42,
54[1]).
According
to
Mochem,
the
term
of
office
is
the
period
during
which
an
office
may
be
held.
Upon
the
expiration
of
the
officer's
term,
unless
he
is
authorized
by
law
to
hold
over,
his
rights,
duties
and
authority
as
a
pubic
officer
must
ipso
facto
cease
(Mechem,
op.
cit.,
Secs.
396-‐397).
In
the
law
on
Public
Officers,
the
most
natural
and
frequent
method
by
which
a
public
officer
ceases
to
be
such
is
by
the
expiration
of
the
term
for
which
he
was
elected
or
appointed.
The
question
of
when
this
event
has
occurred
depends
upon
a
number
of
considerations,
the
most
prominent
of
which,
perhaps,
are
whether
he
was
originally
elected
or
appointed
for
a
definite
term
or
for
a
term
dependent
upon
some
act
or
event
...
(Mechem
op.
cit.,
Sec.
384).
It
is
necessary
in
each
case
to
interpret
the
word
"term"
with
the
purview
of
statutes
so
as
to
effectuate
the
statutory
scheme
pertaining
to
the
office
under
examination
(Barber
vs.
Blue,
417
P.2D
401,
51
Cal.
Rptr.
865,
65
C.2d
N5).
In
the
case
at
bar,
the
term
of
office
is
not
fixed
by
law.
However,
the
power
to
fix
the
term
is
vested
in
the
Board
of
Directors
subject
to
the
recommendation
of
the
Office
of
Economic
Coordination
and
the
approval
of
the
President
of
the
Philippines.
Resolution
No.
24
(series
of
1962)
speaks
of
no
removal
but
an
expiration
of
the
term
of
office
of
the
petitioner.
The
statute
is
undeniably
clear.
It
is
the
rule
in
statutory
construction
that
if
the
words
and
phrase
of
a
statute
are
not
obscure
or
ambiguous,
its
meaning
and
the
intention
of
the
legislature
must
be
determined
from
the
language
employed,
and,
where
there
is
no
ambiguity
in
the
words,
there
is
no
room
for
construction
(Black
on
Interpretation
of
Laws,
Sec.
51).
The
courts
may
not
speculate
as
to
the
probable
intent
of
the
legislature
apart
from
the
words
(Hondoras
vs.
Soto,
8
Am.
St.,
Rep.
744).
The
reason
for
the
rule
is
that
the
legislature
must
be
presumed
to
know
the
meaning
of
words,
to
have
used
words
advisedly
and
to
have
expressed
its
intent
by
the
use
of
such
words
as
are
found
in
the
statute
(50
Am.
Jur.
p.
212).
Removal
entails
the
ouster
of
an
incumbent
before
the
expiration
of
his
term
(Manalang
vs.
Quitoriano,
50
O.G.
2515).
The
petitioner
in
this
case
was
not
removed
before
the
expiration
of
his
term.
Rather,
his
right
to
hold
the
office
ceased
by
the
expiration
on
March
31,
1962
of
his
term
to
hold
such
office.
WHEREFORE, THE DECISION APPEALED FROM IS HEREBY AFFIRMED. WITHOUT COSTS.
SO ORDERED.
“And”
(Conjunctive)
(16)
Mapa
vs
Arroyo,
G.R.
No.
78585,
July
5,
1989
We
are
called
upon
once
again,
in
this
special
civil
action
for
certiorari,
for
a
pronouncement
as
to
whether
or
not
there
has
been
grave
abuse
of
discretion
amounting
to
lack
or
excess
of
jurisdiction
on
the
part
of
the
executive
branch
of
Government,
particularly
in
the
adjudication
of
a
controversy
originally
commenced
in
one
of
its
regulatory
agencies.
Petitioner
herein
seeks
the
reversal
of
the
decision
of
the
Office
of
the
President,
rendered
by
the
Deputy
Executive
Secretary
on
April
1
24,1987,
which
dismissed
his
appeal
from
the
resolution
of
the
Commission
Proper,
Human
Settlements
Regulatory
Commission
(HSRC,
for
short),
promulgated
on
January
10,
1986
and
affirming
the
decision
of
July
3,
1985
of
the
Office
of
Adjudication
and
Legal
Affairs
(OAALA,
for
brevity)
of
HSRC.
Petitioner
avers
that
public
respondent
"gravely
transcended
the
sphere
of
his
discretion"
in
finding
that
Presidential
Decree
No.
957
is
inapplicable
to
the
contracts
to
sell
involved
in
this
case
and
in
consequently
dismissing
the
2
same.
The established facts on which the assailed decision is based are set out therein as follows:
Records
disclose
that,
on
September
18,
1975,
appellant
Jose
Antonio
Mapa
and
appellee
Labrador
Development
Corporation
(Labrador,
for
short),
owner/developer
of
the
Barangay
Hills
Subdivision
in
Antipolo,
Rizal,
entered
into
two
contracts
to
sell
over
lots
12
and
13
of
said
subdivision.
On
different
months
in
1976,
they
again
entered
into
two
similar
contracts
involving
lots
15
and
16
in
the
same
subdivision.
Under
said
contracts,
Mapa
undertook
to
make
a
total
monthly
installment
of
P2,137.54
over
a
period
of
ten
(10)
years.
Mapa,
however,
defaulted
in
the
payment
thereof
starting
December
1976,
prompting
Labrador
to
send
to
the
former
a
demand
letter,
dated
May
5,
1977,
giving
him
until
May
18,
1977,
within
which
to
settle
his
unpaid
installments
for
the
4
lots
amounting
to
P15,411.66,
with
a
warning
that
non-‐payment
thereof
will
result
in
the
cancellation
of
the
four
(4)
contracts.
Despite
receipt
of
said
letter
on
May
6,1977,
Mapa
failed
to
take
any
action
thereon.
Labrador
subsequently
wrote
Mapa
another
letter,
dated
June
15,
1982,
which
the
latter
received
on
June
21,
1982,
reminding
him
of
his
total
arrears
amounting
to
P180,065.27
and
demanding
payment
within
5
days
from
receipt
thereof,
but
which
letter
Mapa
likewise
ignored.
Thus,
on
August
16,
1982,
Labrador
sent
Mapa
a
notarial
cancellation
of
the
four
(4)
contracts
to
sell,
which
Mapa
received
on
August
20,
1982.
On
September
10,
1982,
however,
Mapa's
counsel
sent
Labrador
a
letter
calling
Labrador's
attention
to,
and
demanding
its
compliance
with,
Clause
20
of
the
four
(4)
contracts
to
sell
which
relates
to
Labrador's
obligation
to
provide,
among
others,
lighting/water
facilities
to
subdivision
lot
buyers.
On
September
10,
1982,
Labrador
issued
a
certification
holding
the
implementation
of
the
letter
dated
August
16,
1982
(re
notarial
cancellation)
pending
the
complete
development
of
road
lot
cul
de
sac
within
the
properties
of
Mapa
at
Barangay
Hills
Subdivision.'
Thereafter
on
October
25,1982,
Labrador
sent
Mapa
a
letter
informing
him
'that
the
construction
of
road,
sidewalk,
curbs
and
gutters
adjacent
to
Block
11
Barangay
Hills
Subdivision
are
already
completed'
and
further
requesting
Mapa
to
'come
to
our
office
within
five
(5)
days
upon
receipt
of
this
letter
to
settle
your
account.'
On
December
10,
1982,
Mapa
tendered
payment
by
means
of
a
check
in
the
amount
of
P
2,137.54,
but
Labrador
refused
to
accept
payment
for
the
reason
that
it
was
agreed
'that
after
the
development
of
the
cul
de
sac,
he
(complainant)
will
pay
in
full
the
total
amount
due,'
which
Labrador
computed
at
P
260,138.61.
On
December
14,
1982,
Mapa
wrote
Labrador
claiming
that
'you
have
not
complied
with
the
requirements
for
water
and
light
facilities
in
lots
12,
13,
15
&
16
Block
2
of
Barangay
Hills
Subdivision.'
The
following
day,
Mapa
filed
a
complaint
against
Labrador
for
the
latter's
neglect
to
put
1)
a
water
system
that
meets
the
minimum
standard
as
specified
by
HSRC,
and
2)
electrical
power
supply.
By
way
of
relief,
Mapa
requested
the
HSRC
to
direct
Labrador
to
provide
the
facilities
aforementioned,
and
to
issue
a
cease
and
desist
order
enjoining
Labrador
from
cancelling
the
contracts
to
sell.
After
due
hearing/investigation,
which
included
an
on-‐site
inspection
of
the
subdivision,
OAALA,
issued
its
decision
of
July
3,
1985,
dismissing
the
complaint
and
declaring
that
after
the
lapse
of
5
years
from
complainant's
default
respondent
had
every
right
to
rescind
the
contract
pursuant
to
Clause
7
thereof.
.
.
3
Per
its
resolution
of
January
10,
1986,
the
Commission
Proper,
HSRC,
affirmed
the
aforesaid
OAALA
decision.
4
It
was
petitioner's
adamant
submission
in
the
administrative
proceedings
that
the
provisions
of
Presidential
Decree
No.
957
and
implementing
rules
form
part
of
the
contracts
to
sell
executed
by
him
and
respondent
corporation,
hence
the
obligations
imposed
therein
had
to
be
complied
with
by
Labrador
within
the
period
provided.
Since,
according
to
petitioner,
Labrador
failed
to
perform
the
aforementioned
obligations,
it
is
precluded
from
rescinding
the
subject
contracts
to
sell
since
petitioner
consequently
did
not
incur
in
delay
on
his
part.
Such
intransigent
position
of
petitioner
has
not
changed
in
the
petition
at
bar
and
unyielding
reliance
is
placed
on
the
provisions
of
Presidential
Decree
No.
957
and
its
implementing
rules.
The
specific
provisions
of
the
Decree
which
are
persistently
relied
upon
read:
SEC.
20.
Time
of
Completion.
—
Every
owner
or
developer
shall
construct
and
provide
the
facilities,
improvements,
infrastructures
and
other
forms
of
development,
including
water
supply
and
lighting
facilities,
which
are
offered
and
indicated
in
the
approved
subdivision
or
condominium
plans,
brochures,
prospectus,
printed
matters
letters
or
in
any
form
of
advertisements,
within
one
year
from
the
date
of
the
issuance
of
the
license
for
the
subdivision
or
condominium
project
or
such
other
period
of
time
as
may
be
fixed
by
the
Authority.
SEC.
21.
Sales
Prior
to
Decree.
—
In
cases
of
subdivision
lots
or
condominium
units
sold
or
disposed
of
prior
to
the
effectivity
of
this
Decree,
it
shall
be
incumbent
upon
the
owner
or
developer
of
the
subdivision
or
condominium
project
to
complete
compliance
with
his
or
its
obligations
as
provided
in
the
preceding
section
within
two
years
from
the
date
of
this
Decree
unless
otherwise
extended
by
the
Authority
or
unless
an
adequate
performance
bond
is
filed
in
accordance
with
Section
6
hereof.
Failure
of
the
owner
or
developer
to
comply
with
the
obligations
under
this
and
the
preceding
provisions
shall
constitute
a
violation
punishable
under
Sections
38
and
39
of
this
Decree.
Rule
V
of
the
implementing
rules,
on
the
other
hand,
requires
two
(2)
sources
of
electric
power,
two
(2)
deep-‐well
and
pump
sets
with
5
a
specified
capacity
and
two
standard
fire
hose
flows
with
a
capacity
of
175
gallons
per
minute.
The
provision,
in
said
contracts
to
sell
which,
according
to
petitioner,
includes
and
incorporates
the
aforequoted
statutory
provisions,
is
Clause
20
of
said
contracts
which
provides:
Clause
20.
SUBDIVISION
DEVELOPMENT
—
To
insure
the
physical
development
of
the
subdivision,
the
SELLER
hereby
obliges
itself
to
provide
the
individual
lot
buyer
with
the
following:
a)
PAVED
ROADS;
b)
UNDERGROUND
DRAINAGE;
c)
CONCRETE
CURBS
AND
GUTTERS;
d)
WATER
SYSTEM;
e)
PARK
AND
OPEN
SPACE
These
improvements
shall
apply
only
to
the
portions
of
the
subdivision
which
are
for
sale
or
have
been
sold.
All
improvements
except
those
requiring
the
services
of
a
public
utility
company
or
the
government
shall
be
completed
within
a
period
of
three
(3)
years
from
date
of
this
contract.
Failure
by
the
SELLER
to
reasonably
comply
with
the
above
schedule
shall
permit
the
BUYER/
S
to
suspend
his
monthly
installments
without
any
penalties
or
interest
6
charges
until
such
time
that
these
improvements
shall
have
been
made
as
scheduled.
As
recently
reiterated,
it
is
jurisprudentially
settled
that
absent
a
clear,
manifest
and
grave
abuse
of
discretion
amounting
to
want
of
jurisdiction,
the
findings
of
the
administrative
agency
on
matters
falling
within
its
competence
will
not
be
disturbed
by
the
7
courts.
Specifically
with
respect
to
factual
findings,
they
are
accorded
respect,
if
not
finality,
because
of
the
special
knowledge
and
expertise
gained
by
these
tribunals
from
handling
the
specific
matters
falling
under
their
jurisdiction.
Such
factual
findings
may
be
disregarded
only
if
they
"are
not
supported
by
evidence;
where
the
findings
are
vitiated
by
fraud,
imposition
or
collusion;
where
the
procedure
which
led
to
the
factual
findings
is
irregular;
when
palpable
errors
are
committed;
or
when
grave
abuse
of
discretion,
8
arbitrariness
or
capriciousness
is
manifest."
A
careful
scrutiny
of
the
records
of
the
instant
case
reveals
that
the
circumstances
thereof
do
not
fag
under
the
aforesaid
excepted
cases,
with
the
findings
duly
supported
by
the
evidence.
Petitioner's
insistence
on
the
applicability
of
Presidential
Decree
No.
957
must
be
rejected.
Said
decree
was
issued
on
July
12,
1976
long
after
the
execution
of
the
contracts
involved.
Obviously
and
necessarily,
what
subsequently
were
statutorily
provided
therein
as
obligations
of
the
owner
or
developer
could
not
have
been
intended
by
the
parties
to
be
a
part
of
their
contracts.
No
intention
to
give
restrospective
application
to
the
provisions
of
said
decree
can
be
gathered
from
the
language
thereof.
Section
20,
in
relation
to
Section
21,
of
the
decree
merely
requires
the
owner
or
developer
to
construct
the
facilities,
improvements,
infrastructures
and
other
forms
of
development
but
only
such
as
are
offered
and
indicated
in
the
approved
subdivision
or
condominium
plans,
brochures,
prospectus,
printed
matters,
letters
or
in
any
form
of
advertisements.
Other
than
what
are
provided
in
Clause
20
of
the
contract,
no
further
written
commitment
was
made
by
the
developer
in
this
respect.
To
read
into
the
contract
the
matters
desired
by
petitioner
would
have
the
law
impose
additional
obligations
on
the
parties
to
a
contract
executed
before
that
very
law
existed
or
was
contemplated.
We
further
reject
petitioner's
strained
and
tenuous
application
of
the
so-‐called
doctrine
of
last
antecedent
in
the
interpretation
of
Section
20
and,
correlatively,
of
Section
21.
He
would
thereby
have
the
enumeration
of
"facilities,
improvements,
infrastructures
and
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."
While
this
subserves
his
purpose,
such
bifurcation
whereby
the
supposed
adjectival
phrase
is
set
apart
from
the
antecedent
words,
i s
illogical
9
and
erroneous.
The
complete
and
applicable
rule
is
ad
proximum
antecedens
fiat
relatio
nisi
impediatur
sentencia.
Relative
words
refer
to
the
nearest
antecedent,
unless
it
be
prevented
by
the
context.
In
the
present
case,
the
employment
of
the
word
"and"
between
"facilities,
improvements,
infrastructures"
and
"other
forms
of
development,"
far
from
supporting
petitioner's
theory,
enervates
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
installments
due
from
petitioner,
it
would
only
be
based
on
non-‐
performance
of
the
obligations
provided
in
Clause
20
of
the
contract,
particularly
the
alleged
non-‐construction
of
the
cul-‐de-‐sac.
But,
even
this
is
unavailing
and
is
obviously
being
used
only
to
justify
petitioner's
default.
The
on-‐site
inspection
of
the
subdivision
10
conducted
by
the
OAALA
and
its
subsequent
report
reveal
that
Labrador
substantially
complied
with
its
obligation.
Furthermore,
the
initial
non-‐construction
of
the
cul-‐de-‐sac,
as
private
respondent
Labrador
explained,
was
because
petitioner
Mapa
11
requested
the
suspension
of
its
construction
since
his
intention
was
to
purchase
the
adjoining
lots
and
thereafter
enclose
the
same.
If
these
were
not
true,
petitioner
would
have
invoked
that
supposed
default
in
the
first
instance.
As
the
OAALA
noted,
petitioner
"stopped
payments
of
his
monthly
obligations
as
early
as
December,
1976,
which
is
a
mere
five
months
after
the
effectivity
of
P.D.
No.
957
or
about
a
year
after
the
execution
of
the
contracts.
This
means
that
respondent
still
has
1
and
1/2
years
to
comply
with
its
legal
obligation
to
develop
the
subdivision
under
said
P.D.
and
two
years
to
do
so
under
the
agreement,
hence,
it
was
improper
for
complainant
to
have
suspended
payments
in
December,
1976
on
the
ground
of
non-‐development
since
the
period
allowed
for
12
respondent's
obligation
to
undertake
such
development
has
not
yet
expired."
ON THE FOREGOING CONSIDERATIONS, the petition should be, as it is hereby DISMISSED.
SO ORDERED.
“Or”
(Disjunctive)
(17)
People
vs
Martin,
G.R.
No.
L-‐33487,
May
31,
1971
This
appeal
by
the
People
of
the
Philippines
from
the
order
dated
August
2,
1968
of
the
Court
of
First
Instance
of
La
Union
dismissing
criminal
case
A-‐392
on
the
ground
of
lack
of
jurisdiction,
was
certified
by
the
Court
of
Appeals
to
this
Court,
the
issues
raised
being
purely
of
law.
The
central
issue
is
the
proper
interpretation
of
the
provisions
Section
46
of
Commonwealth
Act
613,
as
amended
by
Rep.
Act
144
and
Rep.
Act
327,
otherwise
known
as
the
Philippine
Immigration
Act.
The
defendants
Maximo
Martin,
Candido
Martin
and
Rodolfo
Higashi
were
charged
in
criminal
case
A-‐392
of
the
CFI
of
La
Union
with
a
violation
of
section
46
of
Com.
Act
613,
as
amended.
The
information
dated
January
12,
1968
recites
as
follows:
The
undersigned
Acting
State
Prosecutor,
and
Asst.
Provincial
Fiscal
accuse
MAXIMO
MARTIN,
CANDIDO
MARTIN
and
RODOLFO
HIGASHI
of
Sec.
46
of
Commonwealth
Act
NO.
613
otherwise
known
as
Philippine
Immigration
Act
of
1940,
as
amended
by
Republic
Act
No.
827,
committed
as
follows:
That
on
or
about
the
22nd
day
of
September,
1966,
in
the
Municipality
of
Sto.
Tomas,
Province
of
La
Union,
Philippines,
and
within
the
jurisdiction
of
this
Honorable
court,
the
above-‐named
accused,
conspiring
and
confederating
together
and
mutually
helping
one
another
and
in
active
aid
with
Filipino
nationals
who
are
presently
charged
before
the
Court
of
First
Instance
of
Bulacan
in
Crim.
Case
No.
6252-‐M,
did
then
and
there
wilfully,
unlawfully
and
feloniously
bring
in
and
carry
into
the
Philippines
thirty
nine
(39)
Chinese
aliens
who
traveled
by
the
Chinese
vessel
"Chungking"
from
the
port
of
Hongkong
and
who
are
not
duly
admitted
by
any
immigration
officer
or
not
lawfully
entitled
to
enter
the
Philippines,
and
from
the
Chinese
vessel
"Chungking,"
accused
took
delivery,
loaded,
and
ferried
the
Chinese
aliens
in
the
vessel
"MARU
XI"
owned,
operated,
under
the
charge
and
piloted
by
all
the
herein
accused
from
outside
into
the
Philippines,
sureptitiously
landing
the
said
aliens
at
Barrio
Damortis,
Sto.
Tomas,
La
Union,
Philippines
which
place
of
landing
is
not
a
duly
authorized
port
of
entry
in
the
Philippines.
After
the
thirty-‐nine
(39)
illegal
entrants
were
landed
in
barrio
Damortis,
as
charged
in
the
indictment,
they
were
loaded
in
a
car
and
two
jeepneys
for
transport
to
Manila.
They
did
not
however
reach
their
destination
because
they
were
intercepted
by
Philippine
Constabulary
agents
in
Malolos,
Bulacan.
For
concealing
and
harboring
these
thirty-‐nine
aliens,
Jose
Pascual,
Filipinas
Domingo,
Jose
Regino,
Alberto
Bunyi,
Emerdoro
Santiago
and
Ibarra
Domingo
were
charged
before
the
Court
of
First
Instance
of
Bulacan
in
criminal
case
6258-‐M.
The
amended
information
in
the
said
criminal
case
reads
as
follows:
The
undersigned
Provincial
Fiscal
accuses
Jose
Pascual,
Filipinas
Domingo,
Jose
Regino,
Alberto
Bunyi,
Emerdoro
Santiago
and
Ibarra
Domingo
of
the
violation
of
Section
46
of
Commonwealth
Act
No.
613,
otherwise
known
as
the
Philippine
Immigration
Act
of
1940,
as
amended
by
Republic
Act
No.
827,
committed
as
follows:
That
on
or
about
the
22nd
day
of
September,
1966,
in
the
municipality
of
Malolos,
Province
of
Bulacan,
Philippines,
and
within
the
jurisdiction
of
this
Honorable
Court,
the
above
named
accused
and
several
others
whose
identities
are
still
unknown,
conspiring
and
confederating
and
aiding
one
another,
did
then
and
there
wilfully,
unlawfully
and,
feloniously,
bring
conceal
and
harbor
39
Chinese
aliens
not
duly
admitted
by
any
immigration
officer
or
not
lawfully
entitled
to
enter
or
reside
within
the
Philippines
under
the
terms
of
the
Immigration
Laws,
whose
names
are
as
follows:
Hung
Chang
Cheong,
Hung
Ling
Choo,
Sze
Lin
Chuk,
Chian
Giok
Eng,
Mung
Bun
Bung,
Lee
Chin
Kuo,
Gan
Kee
Chiong,
See
Sei
Hong
Chun,
Go
Kian
Sim,
Kho
Ming
Jiat,
See
Lee
Giok,
Uy
Chin
Chu,
Go
Su
Kim,
Go
Chu,
Chiang
Tian,
Chua
Tuy
Tee,
Sy
Jee
Chi,
Sy
Sick
Bian,
Sy
Kang
Liu,
Ang
Chi
Hun,
Kho
Chu,
Chua
Hong,
Lim
Chin
Chin,
Ang
Lu
Him,
William
Ang,
Sy
Siu
Cho,
Ang
Puy
Hua,
Sy
Chi
Tek,
Lao
Sing
Tee,
Cua
Tiong
Bio,
Kho
Lee
Fun,
Kho
Lee
Fong,
Ang
Giok,
Sy
Si
Him,
Sy
Lin
Su,
Lee
Hun,
Sy
SiongGo
and
Sy
Cho
Lung,
who
previously
earlier
on
the
same
day,
thru
the
aid,
help
and
manipulation
of
the
abovenamed
accused,
were
loaded
and
ferried
to
the
shore
from
the
Chinese
vessel
"CHIUNG
HING"
in
a
fishing
vessel
known
as
the
"MARU
Xl"
and
landed
at
barrio
Damortis,
Sto.
Tomas,
La
Union,
and
immediately
upon
landing
were
loaded
in
3
vehicles
an
automobile
bearing
plate
No.
H-‐3812-‐Manila
driven
and
operated
by
Emerdoro
Santiago
and
2
jeepneys
with
plates
Nos.
S-‐27151-‐
Philippines,
1966
and
S-‐26327-‐Philippines,
1966
driven
and
operated
by
Jose
Regino
and
Alberto
Bunyi,
respectively,
and
brought
southwards
along
the
MacArthur
highway
and
upon
reaching
Malolos,
Bulacan,
were
apprehended
by
the
agents
of
the
Philippine
Constabulary,
the
latter
confiscating
and
impounding
the
vehicles
used
in
carrying
and
transporting
the
aid
aliens
and
including
the
sum
of
P15,750.00
found
in
the
possession
of
the
accused
Jose
Pascual
which
was
used
and/or
to
be
used
in
connection
with
the
commission
of
the
crime
charged.
On
July
1,
1968
the
three
accused
in
criminal
case
A-‐392
filed
a
"motion
to
dismiss"
[quash]
on
the
ground
that
the
CFI
of
La
Union
has
no
jurisdiction
over
the
offense
charged
in
the
said
indictment
as
the
court
had
been
pre-‐empted
from
taking
cognizance
of
the
case
by
the
dependency
in
the
CFI
of
Bulacan
of
criminal
case
6258-‐M.
This
motion
was
opposed
by
the
prosecution.
On
August
2,
1968
the
Court
of
First
Instance
of
La
Union
dismissed
the
case,
with
costs
de
oficio.
The
Government's
motion
for
reconsideration
was
denied;
hence
the
present
recourse.
In
this
appeal
the
Government
contends
that
the
lower
court
erred
(1)
"in
declaring
that
the
information
in
the
instant
case
[A-‐392]
alleges
conspiracy
between
the
accused
herein
and
the
persons
accused
in
criminal
case
6258-‐M
of
the
Court
of
First
Instance
of
Bulacan;"
(2)
"in
holding
that
by
reason
of
said
allegation
of
conspiracy
in
the
information
in
this
case
[A-‐3921],
the
act
of
one
of
the
accused
in
both
criminal
cases
is
deemed
the
act
of
all
the
accused
and
that
as
a
consequence
all
those
accused
in
the
two
cases
are
liable
and
punishable
for
one
offense
or
violation
of
section
46
of
Commonwealth
Act
613,
as
amended,
although
committed
by
and
through
the
different
means
specified
in
said
section;"
(3)
"in
holding
that
the
violation
of
section
46
of
Commonwealth
Act
613,
as
amended,
committed
by
the
accused
in
both
criminal
cases
partakes
of
the
nature
of
a
transitory
or
continuing
offense;"
and
(4)
"in
declaring
that
it
lacks
jurisdiction
and
is
now
excluded
from
taking
cognizance
of
this
case
[A-‐392]
and
in
dismissing
it."
Section 46 of Commonwealth Act 613, as amended, reads as follows:
Any
individual
who
shall
bring
into
or
land
in
the
Philippines
or
conceal
or
harbor
any
alien
not
duly
admitted
by
any
immigration
officer
or
not
lawfully
entitled
to
enter
or
reside
within
the
Philippines
under
the
terms
of
the
immigration
laws,
or
attempts,
conspires
with,
or
aids
another
to
commit
any
such
act,
and
any
alien
who
enters
the
Philippines
without
inspection
of
admission
by
the
immigration
officials,
or
obtains
entry
into
the
Philippines
by
wilful,
false,
or
misleading
representation
or
wilful
concealment
of
a
material
fact,
shall
be
guilty
of
an
offense
and
upon
conviction
thereof,
shall
be
fined
not
more
than
ten
thousand
pesos,
imprisoned
for
not
more
than
ten
years,
and
deported
if
he
is
an
alien.
If
the
individual
who
brings
into
or
lands
in
the
Philippines
or
conceals
or
harbors
any
alien
not
duly
admitted
by
any
immigration
officer
or
not
lawfully
entitled
to
enter
or
reside
herein,
or
who
attempts,
conspires
with
or
aids
another
to
commit
any
such
act,
is
the
pilot,
master,
agent,
owner,
consignee,
or
any
person
in
charge
of
the
vessel
or
aircraft
which
brought
the
alien
into
the
Philippines
from
any
place
outside
thereof,
the
fine
imposed
under
the
first
paragraph
hereof
shall
constitute
a
lien
against
the
vessel
or
aircraft
and
may
be
enforced
in
the
same
manner
as
fines
are
collected
and
enforced
against
vessels
under
the
customs
laws:
Provided,
however,
That
if
the
court
shall
in
its
discretion
consider
forfeiture
to
be
justified
by
the
circumstances
of
the
case,
it
shall
order,
in
lieu
of
the
fine
imposed,
the
forfeiture
of
the
vessel
or
aircraft
in
favor
of
the
Government,
without
prejudice
to
the
imposition
to
the
penalty
of
imprisonment
provided
in
the
preceding
paragraph.
To
be
stressed
at
the
outset
is
the
significant
repetition,
in
the
second
paragraph
above-‐quoted,
of
basic
words
and
concepts
set
forth
in
the
first
paragraph.
Thus,
the
first
paragraph
begins
with:
"Any
individual
who
shall
bring
into
or
land
in
the
Philippines
or
conceal
or
harbor
any
alien
...;"
the
second
paragraph
starts
with
"If
the
individual
who
brings
into
or
lands
in
the
Philippines
or
conceals
or
harbors
any
alien
..."
(emphasis
supplied)
Scanning
section
46
in
its
entire
context,
it
is
at
once
apparent,
there
being
no
indication
to
the
contrary,
that
the
act
of
bringing
into,
the
act
of
landing,
the
act
of
concealing,
the
act
of
harboring,
are
four
separate
acts,
each
act
possessing
its
own
distinctive,
different
and
disparate
meaning.
"Bring
into"
has
reference
to
the
act
of
placing
an
alien
within
the
territorial
waters
of
the
Philippines.
"Land"
refers
to
the
act
of
putting
ashore
an
alien.
"Conceal"
refers
to
the
act
of
hiding
an
alien.
"Harbor"
refers
to
the
act
of
giving
shelter
and
aid
to
an
alien.
It
is
of
course
understood
that
the
alien
brought
into
or
landed
in
the
Philippines,
or
concealed
or
harbored,
is
an
"alien
not
duly
admitted
by
any
immigration
officer
or
not
lawfully
entitled
to
enter
or
1
reside
within
the
Philippines
under
the
terms
of
the
immigration
laws."
The
rule
is
too
well-‐settled
to
require
any
citation
of
authorities
that
the
word
"or"
is
a
disjunctive
term
signifying
dissociation
and
independence
of
one
thing
from
each
of
the
other
things
enumerated
unless
the
context
requires
a
different
interpretation.
While
in
2
the
interpretation
of
statutes,
'or'
may
read
'and'
and
vice
versa,
it
is
so
only
when
the
context
so
requires.
A
reading
of
section
46
above-‐quoted
does
not
justify
giving
the
word
"or"
a
non-‐disjunctive
meaning.
Bringing
into
and
landing
in
the
Philippines
of
the
39
aliens
were
completed
when
they
were
placed
ashore
in
the
barrio
of
Damortis
on
September
22,
1966.
The
act
of
the
six
accused
in
criminal
case
6258-‐M
before
the
CFI
of
Bulacan
of
transporting
the
aliens
constitutes
the
offenses
of
"concealing"
and
"harboring,"
as
the
terms
are
used
in
section
46
of
our
Immigration
Laws.
The
court
a
quo
in
point
of
fact
accepted
this
interpretation
when
it
observed
that
"it
could
happen
that
different
individuals,
acting
separately
from,
and
independently
of
each
other
could
violate
and
be
criminally
liable
for
violation
of
the
immigration
Act,
if
each
individual
independently
commits
any
of
the
means
specified
under
said
section
46
of
Commonwealth
Act
613,
as
amended
by
Republic
Act
827.
For
example,
an
individual
act
independently,
with
the
use
of
a
motor
boat,
brings
into
the
country
and
lands
several
Chinese
aliens
and
after
doing
so
he
goes
away.
There
is
no
question
that
said
individual
violated
said
section
46
of
the
Immigration
Act,
for
bringing
into
and
landing
in
the
Philippines
some
alien.
Now,
after
the
said
landing
of
the
said
aliens
another
individual
also
acting
independently,
without
connection
whatsoever
with
the
one
who
brought
and
landed
the
said
aliens,
and
knowing
that
the
Chinese
aliens
have
no
right
to
enter
the
country
or
unlawfully
conceals
or
harbors
the
said
aliens.
There
is
no
doubt
that
this
is
also
liable
and
punishable
for
another
separate
violation
of
said
section
46
of
Commonwealth
Act
613."
This
notwithstanding,
the
court
dismissed
this
case
on
the
ground
that
there
is
an
express
allegation
in
the
information
of
connivance
between
the
three
defendant-‐appellees
herein
and
the
six
accused
in
criminal
case
6258-‐M
of
the
CFI
of
Bulacan.
In
our
view
the
court
a
quo
incurred
in
error
in
reading
this
conclusion.
This
error,
which
is
one
of
misinterpretation
of
the
phraseology
of
the
information,
was
induced
by
a
reading
of
the
first
of
the
said
information
which
states
as
follows:
That
on
or
about
the
22nd
day
of
September,
1966,
in
the
Municipality
of
Sto.
Tomas,
Province
of
La
Union,
Philippines,
and
within
the
jurisdiction
of
this
Honorable
Court,
the
abovenamed
accused,
conspiring
and
confederating
together
and
mutually
helping
one
another
and
in
active
aid
with
Filipino
nationals
who
are
presently
charged
before
the
CFI
of
Bulacan
in
Crim.
Case
No.
6258-‐M,
did
then
and
there
wilfully,
unlawfully
and
feloniously
bring
in
and
ferry
into
the
Philippines
thirty-‐nine
(39)
Chinese
aliens
who
traveled
by
the
Chinese
vessel
'Chungking'
from
the
port
of
Hongkong
...
(Emphasis
ours)
It
is
crystal-‐clear
that
the
words,
"the
above-‐named
accused,
conspiring
and
confederating
together
and
mutually
helping
one
another,"
can
refer
only
and
exclusively
to
the
three
persons
accused
in
this
case,
namely
Maximo
Martin,
Candido
Martin
and
Rodolfo
Higashi.
While
the
unfortunate
insertion
in
the
information
of
the
clause
reading,
"and
in
active
aid
with
Filipino
nationals
who
are
presently
charged
before
the
CFI
of
Bulacan
in
Criminal
Case
No.
6258-‐M,"
may
yield
the
implication
that
the
three
defendants-‐
appellees
and
the
six
accused
in
criminal
case
6258-‐M
before
the
CFI
of
Bulacan
may
have
agreed
on
the
sequence
of
the
precise
steps
to
be
taken
in
the
smuggling
of
the
Chinese
aliens
and
on
the
identities
of
the
persons
charged
with
consummating
each
step,
still
there
seems
to
be
no
question
that
the
three
defendants-‐appellees
are
charged
only
with
bringing
in
and
landing
on
Philippine
soil
the
thirty-‐nine
aliens,
whereas
the
six
accused
in
criminal
case
6258-‐M
are
charged
only
with
concealing
and
harboring
the
said
aliens.
It
is
technically
absurd
to
draw
a
conclusion
of
conspiracy
among
the
three
defendants-‐appellees
and
the
six
accused
in
the
criminal
case
6258-‐M
before
the
CFI
of
Bulacan
who
are
not
named
defendants
in
this
case.
At
all
events,
the
words,
"and
in
active
aid
with
Filipino
nationals
who
are
presently
charged
before
the
CFI
of
Bulacan
in
Crim.
Case
No.
6258-‐M,"
can
and
should
be
considered
as
a
surplusage,
and
may
be
omitted
from
the
information
without
doing
violence
to
or
detracting
from
the
intendment
of
the
said
indictment.
These
words
should
therefore
be
disregarded.
Finally,
the
court
a
quo
erred
in
maintaining
the
view
that
the
acts
of
bringing
into
and
landing
aliens
in
the
Philippines
illegally
and
the
acts
of
concealing
and
harboring
them
constitute
one
"transitory
and
continuing
violation".
We
here
repeat
and
emphasize
that
the
acts
of
bringing
into
and
landing
an
alien
in
the
Philippines
are
completed
once
the
alien
is
brought
ashore
on
Philippine
territory,
and
are
separate
and
distinct
from
the
acts
of
concealing
and
harboring
such
alien.
If
the
aliens
in
this
case
were
apprehended
immediately
after
landing,
there
would
be
no
occasion
for
concealing
and
harboring
them.
Upon
the
other
hand,
one
set
of
persons
may
actually
accomplish
the
act
of
bringing
in
and/or
landing
aliens
in
the
Philippines,
and
another
completely
different
set
of
persons
may
conceal
and/or
harbor
them.
The
general
concept
of
a
continuing
offense
is
that
the
essential
ingredients
of
the
crime
are
committed
in
different
provinces.
An
example
is
the
complex
offense
of
kidnapping
with
murder
if
the
victim
is
transported
through
different
provinces
before
he
is
actually
killed.
In
such
case
the
CFI
of
any
province
in
which
any
one
of
the
essential
elements
of
said
3
complex
offense
has
been
committed,
has
jurisdiction
to
take
cognizance
of
the
offense.
The conclusion thus become ineluctable that the court a quo erred in refusing to take cognizance of the case at bar.
ACCORDINGLY,
the
order
of
the
Court
of
First
Instance
of
La
Union
of
August
2,
1968,
dismissing
this
case
and
cancelling
the
bail
bond
posted
by
the
three
defendants-‐appellees,
is
set
aside,
and
this
case
is
remanded
for
further
proceedings
in
accordance
with
law.
When
“or”
means
expository
or
interpretative
of
preceding
term
(18)
San
Miguel
vs
Municipal
Council,
G.R.
No.
L-‐30761,
July
11,
1973
Petition
for
writ
of
certiorari
to
review
the
judgment
of
the
Court
of
First
Instance
of
Cebu,
in
Civil
Case
No.
R-‐10631,
upholding
the
validity
of
Ordinance
No.
23,
series
of
1966,
as
amended
by
Ordinance
No.
25,
series
of
1967,
of
the
Municipality
of
Mandaue,
Cebu,
imposing
"a
graduated
quarterly
fixed
tax
based
on
the
gross
value
of
money
or
actual
market
value
at
the
time
of
removal
of
the
manufactured
articles
from
their
factories
or
other
manufacture
or
processing
establishments."
In
enacting
the
said
ordinances,
the
municipal
council
of
Mandaue
invoked
as
basis
of
its
authority
Republic
Act
No.
2264
(Local
Autonomy
Act).
The relevant portion of Section 1, Ordinance No. 23 (1966), as amended by Ordinance No. 25 (1967), provides as follows:
SECTION
1.
—
Municipal
License
Tax
On
Proprietors
Or
Operators
Of
...
Breweries,
...
Proprietors
or
operators
of
...
breweries,
...
within
the
territorial
limits
of
this
municipality
shall
pay
a
graduated
quarterly
fixed
tax
based
on
the
gross
value
in
money
or
actual
market
value
at
the
time
of
removal,
of
the
manufactured
articles
from
their
factories
...
during
the
preceding
quarter
in
accordance
with
the
following
schedules:
...:
The pertinent portion of Section 2 of Ordinance No. 23 which was not amended by Ordinance No. 25 states:
Payment
of
Municipal
License
Tax.
—
A
fixed
tax
imposed
on
this
ordinance
must
first
be
paid
before
any
person
can
engage
in
business
and
is
payable
for
each
taxable
business;
...
The
graduated
fixed
tax
provided
in
this
ordinance
shall
be
paid
at
the
Office
of
the
Municipal
Treasurer
quarterly,
on
or
before
the
twentieth
of
January,
April,
July
and
October;
...
.
Provided
further,
That
as
regards
businesses
already
operating
at
the
time
this
ordinance
takes
effect,
the
tax
for
the
initial
quarter
shall
be
paid
pursuant
to
the
provisions
of
this
ordinance
and
shall
be
based
on
the
gross
value
in
money
during
the
quarter
immediately
preceding,
...
.
Within
the
time
fixed
for
the
payment
of
the
license
taxes
herein
imposed,
the
taxpayers
shall
prepare
and
file
with
the
Municipal
Treasurer,
a
sworn
statement
of
the
gross
value
in
money
during
the
preceding
quarter
on
the
basis
of
which
the
tax
shall
be
assessed
and
collected.
...
.
1
The
basic
Ordinance
was
No.
88,
which
took
effect
on
September
25,
1962,
but
this
was
amended
by
Ordinance
No.
23
(January
1,
1967),
and
by
Ordinance
No.
25
(January
1,
1968).
Petitioner,
a
domestic
corporation
engaged
in
the
business
of
manufacturing
beer
and
other
products
with
a
subsidiary
manufacturing
plant
in
Mandaue,
Cebu,
since
December,
1967,
paid
the
taxes
prescribed
in
the
aforesaid
ordinance,
protest
thus:
P309.40
on
January
22,
1968
and
P5,171.80
as
of
July
18,
1968,
computed
respectively
"on
the
basis
of
70,412
and
2,203.070
cases
of
beer
manufactured
and
removed
from
said
Mandaue
plant,
multiplied
by
P7.60
which
is
the
prevailing
market
price
(wholesaler's
price)
per
case
of
beer
at
the
time
of
the
removal".
Claiming
that
it
is
adversely
affected
by
the
ordinance,
which
in
its
view
was
beyond
the
power
and
authority
of
the
municipality
to
enact,
petitioner
brought
and
action
in
the
Court
of
First
Instance
of
Cebu,
Branch
VI,
for
the
annulment
of
said
ordinance.
Petitioner
contends
that
(1)
the
phrase
"gross
value
in
money
or
actual
market
value"
employed
in
the
questioned
ordinance
clearly
referred
to
"sales
or
market
price"
of
the
articles
or
commodities
manufactured
thereby
indicating
a
manifest
intent
to
impose
a
tax
based
on
sales,
and
(2)
that
to
impose
a
tax
upon
the
privilege
of
manufacturing
beer,
when
the
amount
of
the
tax
is
measured
by
the
gross
receipts
from
its
sales
of
beer,
is
the
same
as
imposing
a
tax
upon
the
product
itself.
Respondents
upon
the
other
hand
insist
that
the
tax
imposed
in
the
questioned
ordinance
(1)
is
not
a
percentage
tax
or
a
tax
on
the
sales
of
beer
but
is
a
tax
on
the
privilege
to
engage
in
the
business
of
manufacturing
beer,
and
the
phrase
"actual
market
value"
was
merely
employed
as
a
basis
for
the
classification
and
graduation
of
the
tax
sought
to
be
imposed;
(2)
that
it
is
not
a
specific
tax
because
it
is
not
a
tax
on
the
beer
itself,
but
on
the
privilege
of
manufacturing
beer;
and
(3)
that
with
conversion
of
Mandaue
into
a
city
on
June
21,
1969,
the
appeal
has
become
moot,
because
the
prohibition
against
the
imposition
of
any
privilege
tax
on
sales
or
other
taxes
in
any
form
based
thereon,
is
applicable
only
to
municipalities.
While
We
have
heretofore
announced
the
doctrine
that
the
grant
of
power
to
tax
to
charterred
cities
and
municipalities
under
Section
2
2
of
the
Local
Autonomy
Act
is
sufficiently
plenary,
it
is,
however,
subject
to
the
exceptions
and
limitations
contained
in
the
two
(2)
provisos
of
the
same
statute.
In
other
words,
the
municipal
corporation
should
not
transcend
the
limitations
imposed
by
the
statute
3
on
the
basis
of
which
the
power
to
tax
is
sought
to
be
exercised.
Thus,
We
held
in
the
Marinduque
case,
that
an
ordinance
providing
for
a
graduated
tax
based
on
either
"gross
output
or
sales"
violates
the
prohibition
on
municipalities
against
imposing
any
percentage
tax
on
sales,
or
other
taxes
in
any
form
based
thereon,
as
the
only
standard
provided
for
measuring
the
gross
output
is
its
p eso
value,
as
determined
from
true
copies
of
receipts
and/or
invoices
that
the
taxpayer
is
required
to
submit
to
the
municipal
treasurer.
We
are
thus
confined
to
the
narrow
issue
of
whether
or
not
the
challenged
ordinance
has
transcended
the
exceptions
and
limitations
imposed
by
section
2
of
Republic
Act
2264.
Provided,
That
municipalities
and
municipal
districts
shall,
in
no
case,
impose
any
percentage
tax
on
sales
or
other
taxes
in
any
form
based
thereon
nor
impose
taxes
on
articles
subject
to
specific
tax
...
.
Section
1
of
Ordinance
No.
88
of
the
Municipality
of
Mandaue,
as
amended
by
Ordinances
Nos.
23
(1967)
and
25
(1968),
specifically
provides
that
the
graduated
quarterly
tax
shall
be
"based
on
the
gross
value
in
money
or
actual
market
value
at
the
time
of
removal,
of
the
manufactured
products
...
from
their
factories
...
during
the
preceding
calendar
year
...
.
Well
settled
is
the
rule
that
in
the
absence
of
legislative
intent
to
the
contrary,
technical
or
commercial
terms
and
phrases,
when
used
in
tax
statutes,
are
presumed
to
have
been
used
in
their
technical
sense
or
in
their
trade
or
commercial
meaning.
Thus,
the
phrase
"gross
value
in
money"
has
a
well-‐defined
meaning
in
our
tax
statutes.
For
instance,
the
term
"gross
value
in
money"
of
articles
sold,
bartered,
exchanged
or
transferred,
as
used
in
Sections
184,
185
and
186
of
the
National
Internal
Revenue
Code,
has
been
invariably
used
as
equivalent
to
"gross
selling
price"
and
has
been
construed
as
the
total
amount
of
money
or
its
equivalent
which
the
purchaser
4
pays
to
the
vendor
to
receive
or
get
the
goods.
It
must
be
noted
that
the
ordinance
specifically
provides
that
the
basis
of
the
tax
is
the
"gross
value
in
money
or
actual
market
value"
of
the
manufactured
article.
The
phrase
"actual
market
value"
has
been
construed
as
the
price
which
an
article
"would
command
in
the
ordinary
course
of
business,
that
is
to
say,
when
offered
for
sale
by
one
willing
to
sell,
but
not
under
compulsion
to
sell,
and
purchased
by
another
who
is
willing
5
to
buy,
but
under
no
obligation
purchase
it,
or
the
price
which
the
property
will
bring
in
a
fair
market
after
fair
and
reasonable
efforts
6
have
been
made
to
find
a
purchaser
who
will
give
the
highest
price
for
it.
The
"actual
market
value"
of
property,
for
purposes
of
taxation,
therefore
means
the
selling
price
of
the
article
in
the
course
of
ordinary
business.
Considering
that
the
phrase
"gross
value
in
money"
is
followed
by
the
words
"or
actual
market
value",
it
is
evident
that
the
latter
was
intended
to
explain
and
clarify
the
preceding
phrase.
For
the
word
"or"
may
be
used
as
the
equivalent
of
"that
is
to
say"
and
gives
that
which
precedes
it
the
same
significance
as
that
which
follows
it.
It
is
not
always
disjunctive
and
is
sometimes
interpretative
or
7
expository
of
the
preceding
word.
Certainly
We
cannot
assume
that
the
phrase
"or
actual
market
value"
was
a
mere
surplusage,
for
it
serves
to
clarify
and
explain
the
meaning
and
import
of
the
preceding
phrase.
In
any
event,
it
is
the
duty
of
the
courts,
so
far
reasonably
practicable,
to
read
and
interpret
a
statute
as
to
give
life
and
effect
to
its
provisions,
so
as
to
render
it
a
harmonious
whole.
It
is
also
significant
to
note,
that
there
is
a
set
ratio
between
the
amount
of
the
tax
and
the
volume
of
sales.
Thus
if
the
"gross
value
in
money
or
actual
market
value"
of
the
beer
removed
from
the
factory
exceeds
P37,500.00
per
quarter,
the
taxpayer
is
required
to
pay
a
quarterly
license
tax
of
P160.00
plus
P0.30
for
every
P1,000.00
or
fraction
of
the
excess.
In
other
words
in
excess
of
P37,500.00,
the
taxpayer
will
pay
to
the
municipality
a
certain
amount
of
tax
measured
by
a
percentage
of
the
sales.
It
is
therefore
evident
that
the
challenged
ordinance
was
a
transparent
attempt
on
the
part
of
the
municipality
to
impose
a
tax
based
on
sales.
Although
section
2
of
the
ordinance
in
question
provides
in
a
vague
manner
that
the
tax
shall
be
assessed
and
collected
on
the
basis
of
the
sworn
statement
of
the
manager
of
a
firm
or
corporation
"of
the
gross
value
in
money
during
the
preceding
quarter,"
in
actual
practice
the
quarterly
tax
levied
upon
the
petitioner,
was
computed
on
the
basis
of
the
total
market
of
the
beer,
per
quarter,
as
shown
by
the
shipping
memorandum
certified
to
by
the
storekeeper
of
the
Bureau
Internal
Revenue
assigned
to
the
brewery.
Thus
the
amounting
to
P309.40
and
P5,171.80,
paid
by
petition
January
22,
1968
and
July
18,
1968,
were
actually
determined
respectively
on
the
basis
of
70,412
and
2,203.070
cases
manufactured
and
removed
from
the
Mandaue
plant,
multiplied
by
P7.60
which
is
the
prevailing
market
price
(wholesaler's
price)
per
case
of
beer.
8
In
Laoag
Producers'
Cooperative
Marketing
Association,
Inc.
vs.
Municipality
of
Laoag,
We
held
that
the
challenged
ordinance
imposed
a
tax
based
on
sales,
although
the
ordinance
merely
imposed
a
"municipal
tax
or
inspection
fee
of
on
one-‐half
(1/2)
centavo
on
every
kilo
of
Virginia
leaf
tobacco,
garlic
and
onion
on
all
wholesale
dealers
and
vendors"
because,
in
its
application,
it
does
impose
a
tax
based
on
sales,
as
it
is
based
the
number
of
kilos
sold
and
purchased
by
him
and
when
the
wholesaler
or
vendor
accumulates
his
stock,
he
does
so
for
only
one
purpose,
to
sell
the
same
at
the
appropriate
time,
and
"he
cannot
by
its
very
nature,
carry
on
his
business
unless
he
sells
what
he
has
bought."
Similarly,
in
the
case
at
bar,
the
circumstance
that
the
tax
is
imposed
upon
petitioner
at
time
of
removal
from
the
factory
of
the
manufactured
beer,
and
not
on
the
date
of
actual
sale,
is
not
of
important
consequence
since
petitioner
will,
in
the
end,
sell
the
beer
removed
from
the
factory,
because
by
the
nature
of
its
business,
it
has
no
alternative
but
to
sell
what
it
has
manufactured.
We
therefore
hold
that
the
questioned
ordinance
imposed
tax
based
on
sales
and
therefore
beyond
the
authority
of
the
municipality
to
enact.
Having
reached
this
conclusion,
it
becomes
unnecessary
to
pass
upon
the
additional
question
posed,
i.e.,
whether
or
not
the
challenged
ordinance
imposes
a
tax
on
a
product
subject
to
specific
tax.
Respondents
however
claim
that
with
the
conversion
Mandaue
into
a
city
pursuant
to
Republic
Act
No.
5519,
which
was
approved
on
June
21,
1969,
the
issue
has
already
become
moot,
since
the
prohibition
contained
in
section
2
of
Republic
Act
2264
applies
only
to
9
municipalities
and
not
to
chartered
cities.
The
same
contention
has
been
rejected
in
City
of
Naga
v.
Court
of
Appeals,
and
Laoag
Producers'
Cooperative
Marketing
Association,
Inc.
v.
Municipality
of
Laoag,
supra,
where
We
ruled
that
the
legality
of
an
ordinance
depends
upon
the
power
of
the
municipality
at
the
time
of
the
enactment
the
challenged
ordinance.
Since
the
municipality
of
Mandaue
had
no
authority
to
enact
the
said
ordinance,
the
subsequent
approval
of
Republic
Act
No.
5519
which
became
effective
June
21,
1969,
did
not
remove
the
original
infirmity
of
the
ordinance.
Indeed
there
is
no
provision
in
the
aforecited
statute
which
invests
a
curative
effect
upon
the
ordinances
of
the
municipality
which
when
enacted
were
beyond
its
statutory
authority.
IN
VIEW
WHEREOF,
the
appealed
judgment
is
hereby
reversed
and
Ordinance
No.
23,
series
of
1966,
as
amended
by
Ordinance
No.
23,
series
of
1966,
which
became
effective
January
1,
1968,
of
the
Municipality
of
Mandaue,
Cebu,
is
hereby
declared
null
and
void.
Respondents
are
also
ordered
to
refund
the
taxes
paid
by
Petitioners
under
the
said
ordinance,
with
legal
interest
thereon.
No
costs.
Surplasages
(19)
Demafiles
vs
COMELEC,
G.R.
No.
L-‐28396,
December
29,
1967
1
The
new
municipality
of
Sebaste
in
Antique
province
held
its
first
election
of
officers
in
the
general
elections
of
November
14,
1967,
with
the
petitioner
Agripino
Demafiles
and
the
respondent
Benito
B.
Galido
vying
for
the
mayoralty.
On
November
21
the
respondent
Galido
asked
the
provincial
board,
acting
as
municipal
board
of
canvassers
pursuant
to
section
167
(b)
of
the
Revised
Election
Code,
to
disregard,
as
"obviously
manufactured",
the
election
return
from
precinct
7
on
the
ground
that
the
said
return
shows
that
195
voters
were
registered
(of
whom
188
voted),
when,
according
to
a
certificate
of
the
municipal
election
registrar
only
182
had
registered
in
that
precinct
as
of
October
30,
1997.
At
its
session
on
the
following
day,
November
22,
the
board,
over
the
objection
of
one
member,
voted
to
reject
the
return
from
precinct
7
and
then
proceeded
with
the
canvass
of
the
returns
from
the
other
precints.
The
resulting
tally
gave
Galido
888
votes
as
against
844
for
Demafiles.
Accordingly,
Galido
was
proclaimed
mayor-‐elect
of
the
municipality
of
Sebaste.
On
November
24
Demafiles
wired
the
Commission
on
Elections,
protesting
the
board's
action
of
rejection
of
the
return
from
precinct
7
and
the
subsequent
proclamation
of
Galido,
and
challenging
the
right
of
two
board
members,
Julito
Moscoso
and
Quirico
Escaño,
to
sit,
considering
that
they
were
reelectionists.
Acting
on
the
protest,
the
COMELEC
resolved
on
November
28,
1967:
To
annul
the
canvass
and
proclamation
of
the
local
officials
of
the
new
municipality
of
Sebaste,
Antique,
which
was
made
by
the
Provincial
Board
of
Antique;
To
constitute
the
Board
of
Canvassers
by
appointing
the
substitutes
pursuant
to
the
provisions
of
Sec.
167
(a)
of
the
Revised
Election
Code,
which
shall
canvass
anew
the
results
of
the
election
for
local
offices
of
Sebaste,
Antique,
in
accordance
with
the
Instructions
to
Boards
of
Canvassers
contained
in
the
Resolution
of
the
Commission
No.
RR-‐544,
particularly
No.
5-‐K
thereof,
and
thereafter
to
proclaim
the
winning
candidates
for
local
offices
of
said
municipality.
In
turn,
Galido
asked
for
a
reconsideration
on
the
ground
that
the
two
members
of
the
provincial
board
who
were
reelectionists
were
disqualified
from
sitting
only
when
the
board
was
acting
as
a
provincial,
but
not
as
a
municipal,
board
of
canvassers
and
that
the
COMELEC
resolution
annulling
the
canvass
and
proclamation
of
officials
was
issued
without
giving
him
an
opportunity
to
be
heard.
In
its
resolution
of
December
4,
1967
the
respondent
Commission
reconsidered
its
previous
order
and
held
"that
the
canvass
and
proclamation
already
made
of
the
local
officials
.
.
.
stands".
Failing
to
secure
a
reconsideration
of
this
latter
resolution,
Demafiles
filed
the
present
petition
for
mandamus
and
certiorari
to
set
aside
the
aforesaid
resolution
of
the
COMELEC,
to
annull
the
proclamation
of
Galido,
and
to
secure
an
order
directing
the
COMELEC
to
appoint
substitute
members
of
the
provincial
board
and
to
order
a
new
canvass
of
the
returns,
including
that
from
precinct
7.
The
three
principal
issues
tendered
for
resolution
in
this
case
are:
(1)
whether
the
respondent
board
of
canvassers
was
within
the
periphery
of
its
power
in
rejecting
the
return
from
precinct
7
on
the
strength
of
an
election
registrar's
certificate
that
a
less
number
of
voters
than
that
shown
in
the
return
had
registered;
(2)
whether
the
provincial
board
members,
who
were
candidates
for
reelection,
were
disqualified
from
sitting
in
the
board
in
its
capacity
as
a
municipal
board
of
canvassers;
and
(3)
whether
the
Commission
on
Elections
can
order
the
board
of
canvassers
to
count
a
return
from
a
given
precinct.
These
issues,
together
with
the
arguments
of
the
parties,
will
be
discussed
seriatim,
but
we
must
first
proceed
to
dispose
of
the
preliminary
question
raised
by
the
respondent
Galido,
namely,
that
this
case
is
moot
because
he
had
taken
his
oath
and
assumed
office
on
November
22,
pursuant
to
Republic
Act
4870.
Obviously, the frame of reference is section 2 of the statute which reads:
The
first
mayor,
vice-‐mayor
and
councilors
of
the
Municipality
of
Sebaste
shall
be
elected
in
the
next
general
elections
for
local
officials
and
shall
have
qualified
[sic].
In
our
view,
the
last
portion
of
the
provision
—
"and
shall
have
qualified"
—
is
devoid
of
any
meaning,
is
unmitigated
jargon
in
or
out
of
context,
and
does
not
warrant
the
respondent's
reading
that
the
term
of
office
of
the
first
municipal
officials
of
Sebaste
begins
immediately
after
their
proclamation.
It
is
quite
probable
that
that
is
what
the
legislature
meant.
But
here
is
a
clear
case
of
a
failure
to
express
a
meaning,
and
a
becoming
sense
of
judicial
modesty
forbids
the
courts
from
assuming
and,
consequently,
from
supplying.itc-‐alf
"If
there
is
no
meaning
in
it,"
said
the
King
in
Alice
in
Wonderland,
"that
saves
a
world
of
trouble,
you
know,
as
we
needn't
try
to
find
any."
Frankfurter,
who
himself
was
fond
of
quoting
this
passage,
admonishes
that
"a
judge
must
not
rewrite
a
statute,
neither
to
enlarge
nor
to
contract
it.
Whatever
temptations
the
statesmanship
of
policy-‐making
might
wisely
suggest,
2
construction
must
eschew
interpolation
and
evisceration."
Accordingly,
we
have
to
go
by
the
general
rule
that
the
term
of
office
of
3
municipal
officials
shall
begin
on
the
first
day
of
January
following
their
election,
and
so
the
assumption
of
office
by
the
respondent
Galido
in
no
way
affected
the
basic
issues
in
this
case,
which
we
need
not
reach
and
resolve.
First,
a
canvassing
board
performs
a
purely
ministerial
function
—
that
of
compiling
and
adding
the
results
they
appear
in
the
returns,
4
transmitted
to
it.
This
is
the
teaching
in
Nacionalista
Party
v.
Commission
on
Elections:
"the
canvassers
are
to
be
satisfied
of
the,
genuineness
of
the
returns
—
namely,
that
the
papers
presented
to
them
are
not
forged
and
spurious,
that
they
are
returns,
and
that
they
are
signed
by
the
proper
officers.
When
so
satisfied,
.
.
.
they
may
not
reject
any
returns
because
of
informalities
in
them
or
5
because
of
illegal
and
fraudulent
practices
in
the
elections."
Thus,
they
cannot
pass
upon
the
validity
of
an
election
return,
much
less
6
exclude
it
from
the
canvass
on
the
ground
that
the
votes
cast
in
the
precinct
from
whence
it
came
are
illegal.
But
the
exclusion
of
the
return
in
this
case
is
sought
to
be
justified
on
the
ground
that
it
is
"obviously
manufactured"
because,
contrary
to
the
statement
therein
that
there
were
195
registered
voters,
of
whom
188
voted,
the
certificate
of
the
local
election
registrar
states
7
that
only
182
voters
had
registered
on
October
30,
1967.
Lagumbay
v.
Commission
on
Elections
is
cited
in
support
of
this
view.
In
Lagumbay
the
returns
were
palpably
false
as
it
was
indeed
statistically
improbable
that
"all
the
eight
candidates
of
one
party
garnered
all
the
votes,
each
of
them
receiving
exactly
the
same
number,
whereas
all
the
eight
candidates
of
the
other
party
got
precisely
nothing.itc-‐alf"
In
other
words,
the
aid
of
evidence
aliunde
was
not
needed,
as
"the
fraud
[being]
so
palpable
from
the
return
itself
(res
ipsa
loquitur
—
the
thing
speaks
for
itself),
there
is
no
reason
to
accept
it
and
give
it
prima
facie
value.
On
the
other
hand,
the
return
in
this
case
shows
nothing
on
its
face
from
which
the
canvassers
might
conclude
that
it
does
not
speak
the
truth.
It
is
only
when
it
is
compared
in
the
certificate
of
the
election
registrar
that
a
discrepancy
appears
as
to
the
number
of
registered
voters.
The
return
therefore
is
by
no
means
"obviously
manufactured"
so
as
to
justify
its
exclusion.
This
is
not
to
belittle
the
respondent's
claim
that
more
people
than
registered
voters
were
allowed
to
vote
in
precinct
7.
Perhaps
that
is
true,
although
the
petitioner
claims
that
after
October
30,
1967
eight
more
voters
were
allowed
to
register
(making
a
total
of
190,
voters),
and
on
the
day
of
the
election
5
voters
erroneously
assigned
to
precinct
6
were
allowed
to
vote
in
precinct
7
because
that
was
where
they
were
really
assigned.
The
point
is
simply
that
this
question
should
be
threshed
out
in
an
election
contest.itc-‐
alf
Lagumbay
itself
explicitly
says
—
Of
course
we
agree
that
fraud
in
the
holding
of
the
election
should
be
handled
—
and
finally
settled
—
by
the
corresponding
courts
or
electoral
tribunals.
That
is
the
general
rule,
where
testimonial
or
documentary
evidence
is
necessary.
.
.
.
8
Consequently,
the
canvass
made
and
proclamation
had
should
be
annulled.
Second,
the
canvass
and
proclamation
should
be
annulled
because
two
of
the
four
members
of
the
board
of
canvassers
were
9
disqualified
from
sitting
in
it,
they
being
candidates
for
reelection.
As
this
Court
held
in
Salcedo
v.
Commission
on
Elections:
And
added
reason
for
the
nullification
of
the
actuation
of
the
Provincial
Board
of
Oriental
Mindoro
is
the
fact
that
its
members
were
disqualified
to
act
it
appearing
that
they
were
all
candidates
for
reelection.
This
is
clear
from
Section
28
of
the
Revised
Election
Code
which
provides
that
any
member
of
the
provincial
board
who
is
a
candidate
for
an
elective
office
shall
be
incompetent
to
act
in
said
board
in
the
performance
of
its
duties
in
connection
with
the
election.
Branding
the
above
statement
as
obiter
dictum,
the
respondent
Galido
argues
that
reelectionist
members
of
the
provincial
board
are
disqualified
under
section
28
only
when
the
board
acts
as
a
provincial
board
of
canvassers,
to
prevent
them
fro
canvassing
their
own
votes,
and
not
when
they
sit
as
a
municipal
board
of
canvassers.
With
respect
to
the
canvass
and
proclamation
made
the
provincial
board
of
Oriental
Mindoro,
three
issues
raised
in
Salcedo,
in
resolving
which
this
Court
held
(1)
that
a
provincial
board
cannot
act
as
a
municipal
board
of
canvassers
where
a
municipal
council
has
been
formed;
(2)
that
provincial
board
members
who
are
candidates
for
reelection
are
disqualified
to
sit
in
the
board
and
(3)
that
a
board
of
canvassers
which
excludes
from
canvass
the
return
from
a
precinct
acts
"in
contravention
of
law."
At any rate the language of section 28 is all-‐inclusive Thus:
Any
member
of
a
provincial
board
or
of
a
municipal
council
who
is
a
candidate
for
office
in
any
election,
shall
be
incompetent
to
act
on
said
body
in
the
performance
of
the
duties
the
of
relative
to
said
election
.
.
.
.
The
statute
draws
no
distinction
between
the
provincial
board
acting
as
a
provincial
board
of
canvassers
and
the
same
board
acting
as
a
municipal
canvassing
body
new
municipalities,
and
so
we
make
none,
in
line
with
the
maxim
ubi
lex
non
distinguit,
nec
nos
distinguere
debemos.
Third,
it
is
now
settled
doctrine
that
the
COMELEC
has
the
power
to
annul
an
illegal
canvass
and
an
illegal
proclamation
as
when
they
10
are
based
on
incomplete
returns,
and
order
a
new
canvass
to
be
made
by
counting
the
returns
wrongfully
excluded.
If
it
has
power
11
to
direct
that
certain
copies
of
election
returns
be
used
in
preference
to
other
copies
of
the
same
returns,
there
is
no
reason
why
it
cannot
direct
canvassing
bodies
to
count
all
turns
which
are
otherwise
regular.itc-‐alf
Indeed,
it
is
its
duty
to
do
so,
failing
which
it
may
be
compelled
by
mandamus.
As
earlier
pointed
out,
it
is
the
ministerial
function
a
board
of
canvassers
to
count
the
results
as
they
appeal
in
the
returns
which
on
their
face
do
not
reveal
any
irregularities
or
falsities.
ACCORDINGLY,
the
resolutions
dated
December
4
and
8,
1967
of
the
Commission
on
Elections
are
set
aside,
and
the
canvass
of
returns
made
and
the
subsequent
proclamation
of
the
respondent
Benito
B.
Galido
are
annulled.
The
respondent
Commission
on
Elections
is
hereby
directed.
(1)
to
appoint
new
members
of
the
board
of
canvassers
in
substitution
of
Julito
Moscoso
and
Quirico
Escaño,
and
(2)
immediately
thereafter
to
order
the
board
of
canvassers
as
reconstituted
to
convene,
canvass
all
votes
including
those
appearing
in
the
return
from
precinct
7,
and,
in
accordance
with
the
results
of
such
canvass,
proclaim
the
winning
candidates.
Costs
against
the
private
respondent
Galido.
Punctuations
(20)
United
States
vs
Hart,
G.R.
No.
8848,
November
21,
1913
The
appellants,
Hart,
Miller,
and
Natividad,
were
arraigned
in
the
Court
of
First
Instance
of
Pampanga
on
a
charge
of
vagrancy
under
the
provisions
of
Act
No.
519,
found
guilty,
and
were
each
sentenced
to
six
months'
imprisonment.
Hart
and
Miller
were
further
sentenced
to
a
fine
of
P200,
and
Natividad
to
a
fine
of
P100.
All
appealed.
The
evidence
of
the
prosecution
as
to
the
defendant
Hart
shows
that
he
pleaded
guilty
and
was
convicted
on
a
gambling
charge
about
two
or
three
weeks
before
his
arrest
on
the
vagrancy
charge;
that
he
had
been
conducting
two
gambling
games,
one
in
his
saloon
and
the
other
in
another
house,
for
a
considerable
length
of
time,
the
games
running
every
night.
The
defense
showed
that
Hart
and
one
Dunn
operated
a
hotel
and
saloon
at
Angeles
which
did
a
business,
according
to
the
bookkeeper,
of
P96,000
during
the
nineteen
months
preceding
the
trial;
that
Hart
was
also
the
sole
proprietor
of
a
saloon
in
the
barrio
of
Tacondo;
that
he
raised
imported
hogs
which
he
sold
to
the
Army
garrison
at
Camp
Stotsenberg,
which
business
netted
him
during
the
preceding
year
about
P4,000;
that
he
was
authorized
to
sell
several
hundred
hectares
of
land
owned
by
one
Carrillo
in
Tacondo;
that
he
administered,
under
power
of
attorney,
the
same
property;
and
that
he
furnished
a
building
for
and
paid
the
teacher
of
the
first
public
school
in
Tacondo,
said
school
being
under
Government
supervision.
The
evidence
of
the
prosecution
as
to
Miller
was
that
he
had
the
reputation
of
being
a
gambler;
that
he
pleaded
guilty
and
was
fined
for
participating
in
a
gambling
game
about
two
weeks
before
his
arrest
on
the
present
charge
of
vagrancy;
and
that
he
was
seen
in
houses
of
prostitution
and
in
a
public
dance
hall
in
Tacondo
on
various
occasions.
The
defense
showed
without
contradiction
that
Miller
had
been
discharged
from
the
Army
about
a
year
previously;
that
during
his
term
of
enlistment
he
had
been
made
a
sergeant;
that
he
received
rating
as
"excellent"
on
being
discharged;
that
since
his
discharge
he
had
been
engaged
in
the
tailoring
business
near
Camp
Stotsenberg
under
articles
of
partnership
with
one
Burckerd,
Miller
having
contributed
P1,000
to
the
partnership;
that
the
business
netted
each
partner
about
P300
per
month;
that
Miller
attended
to
business
in
an
efficient
manner
every
day;
and
that
his
work
was
first
class.
The
evidence
of
the
prosecution
as
to
Natividad
was
that
he
had
gambled
nearly
every
night
for
a
considerable
time
prior
to
his
arrest
on
the
charge
of
vagrancy,
in
the
saloon
of
one
Raymundo,
as
well
as
in
Hart's
saloon;
that
Natividad
sometimes
acted
as
banker;
and
that
he
had
pleaded
guilty
to
a
charge
of
gambling
and
had
been
sentenced
to
pay
a
fine
therefor
about
two
weeks
before
his
arrest
on
the
vagrancy
charge.
The
defense
showed
that
Natividad
was
a
tailor,
married,
and
had
a
house
of
his
own;
that
he
made
good
clothes,
and
earned
from
P80
to
P100
per
month,
which
was
sufficient
to
support
his
family.
From
this
evidence
it
will
be
noted
that
each
of
the
defendants
was
earning
a
living
at
a
lawful
trade
or
business,
quite
sufficient
to
support
himself
in
comfort,
and
that
the
evidence
which
the
prosecution
must
rely
upon
for
a
conviction
consists
of
their
having
spent
their
evenings
in
regularly
licensed
saloons,
participating
in
gambling
games
which
are
expressly
made
unlawful
by
the
Gambling
Act,
No.
1757,
and
that
Miller
frequented
a
dance
hall
and
houses
of
prostitution.
Section
1
of
Act
No.
519
is
divided
into
seven
clauses,
separated
by
semicolons.
Each
clause
enumerates
a
certain
class
of
persons
who,
within
the
meaning
of
this
statute,
are
to
be
considered
as
vagrants.
For
the
purposes
of
this
discussion,
we
quote
this
section
below,
and
number
each
of
these
seven
clauses.
(1)
Every
person
having
no
apparent
means
of
subsistence,
who
has
the
physical
ability
to
work,
and
who
neglects
to
apply
himself
or
herself
to
some
lawful
calling;
(2)
every
person
found
loitering
about
saloons
or
dram
shops
or
gambling
houses,
or
tramping
or
straying
through
the
country
without
visible
means
of
support;
(3)
every
person
known
to
be
a
pickpocket,
thief,
burglar,
ladrone,
either
by
his
own
confession
or
by
his
having
been
convicted
of
either
of
said
offenses,
and
having
no
visible
or
lawful
means
of
support
when
found
loitering
about
any
gambling
house,
cockpit,
or
in
any
outlying
barrio
of
a
pueblo;
(4)
every
idle
or
dissolute
person
or
associate
of
known
thieves
or
ladrones
who
wanders
about
the
country
at
unusual
hours
of
the
night;
(5)
every
idle
peron
who
lodges
in
any
barn,
shed,
outhouse,
vessel,
or
place
other
than
such
as
is
kept
for
lodging
purposes,
without
the
permission
of
the
owner
or
person
entitled
to
the
possession
thereof;
(6)
every
lewd
or
dissolute
person
who
lives
in
and
about
houses
of
ill
fame;
(7)
every
common
prostitute
and
common
drunkard,
is
a
vagrant.
It
is
insisted
by
the
Attorney-‐General
that
as
visible
means
of
support
would
not
be
a
bar
to
a
conviction
under
any
one
of
the
last
four
clauses
of
this
act,
it
was
not
the
intention
of
the
Legislature
to
limit
the
crime
of
vagrancy
to
those
having
no
visible
means
of
support.
Relying
upon
the
second
clause
to
sustain
the
guilt
of
the
defendants,
the
Attorney-‐General
then
proceeds
to
argue
that
"visible
means
of
support"
as
used
in
that
clause
does
not
apply
to
"every
person
found
loitering
about
saloons
or
dram
shops
or
gambling
houses,"
but
is
confined
entirely
to
"or
tramping
or
straying
through
the
country."
It
is
insisted
that
had
it
been
intended
for
"without
visible
means
of
support"
to
qualify
the
first
part
of
the
clause,
either
the
comma
after
gambling
houses
would
have
been
ommitted,
or
else
a
comma
after
country
would
have
been
inserted.
When
the
meaning
of
a
legislative
enactment
is
in
question,
it
is
the
duty
of
the
courts
to
ascertain,
if
possible,
the
true
legislative
intention,
and
adopt
that
construction
of
the
statute
which
will
give
it
effect.
The
construction
finally
adopted
should
be
based
upon
something
more
substantial
than
the
mere
punctuation
found
in
the
printed
Act.
If
the
punctuation
of
the
statute
gives
it
a
meaning
which
is
reasonable
and
in
apparent
accord
with
the
legislative
will,
it
may
be
used
as
an
additional
argument
for
adopting
the
literal
meaning
of
the
words
of
the
statute
as
thus
punctuated.
But
an
argument
based
upon
punctuation
alone
is
not
conclusive,
and
the
courts
will
not
hesitate
to
change
the
punctuation
when
necessary,
to
give
to
the
Act
the
effect
intended
by
the
Legislature,
disregarding
superfluous
or
incorrect
punctuation
marks,
and
inserting
others
where
necessary.
The
Attorney-‐General
has
based
his
argument
upon
the
proposition
that
neither
visible
means
of
support
nor
a
lawful
calling
is
a
sufficient
defense
under
the
last
four
paragraphs
of
the
section;
hence,
not
being
universally
a
defense
to
a
charge
of
vagrancy,
they
should
not
be
allowed
except
where
the
Legislature
has
so
provided.
He
then
proceeds
to
show,
by
a
"mere
grammatical
criticism"
of
the
second
paragraph,
that
the
Legislature
did
not
intend
to
allow
visible
means
of
support
or
a
lawful
calling
to
block
a
prosecution
for
vagrancy
founded
on
the
charge
that
the
defendant
was
found
loitering
around
saloons,
dram
shops,
and
gambling
houses.
A
most
important
step
in
reasoning,
necessary
to
make
it
sound,
is
to
ascertain
the
consequences
flowing
from
such
a
construction
of
the
law.
What
is
loitering?
The
dictionaries
say
it
is
idling
or
wasting
one's
time.
The
time
spent
in
saloons,
dram
shops,
and
gambling
houses
is
seldom
anything
but
that.
So
that
under
the
proposed
construction,
practically
all
who
frequent
such
places
commit
a
crime
in
so
doing,
for
which
they
are
liable
to
punishment
under
the
Vagrancy
Law.
We
cannot
believe
that
it
was
the
intention
of
the
Legislature
to
penalize
what,
in
the
case
of
saloons
and
dram
shops,
is
under
the
law's
protection.
If
it
be
urged
that
what
is
true
of
saloons
and
dram
shops
is
not
true
of
gambling
houses
in
this
respect,
we
encounter
the
wording
of
the
law,
which
makes
no
distinction
whatever
between
loitering
around
saloons
and
dram
shops,
and
loitering
around
gambling
houses.
The
offense
of
vagrancy
as
defined
in
Act
No.
519
is
the
Anglo-‐Saxon
method
of
dealing
with
the
habitually
idle
and
harmful
parasites
of
society.
While
the
statutes
of
the
various
States
of
the
American
Union
differ
greatly
as
to
the
classification
of
such
persons,
their
scope
is
substantially
the
same.
Of
those
statutes
we
have
had
an
opportunity
to
examine,
but
two
or
three
contain
a
provision
similar
to
the
second
paragraph
of
Act
No.
519.
(Mo.
Ann.
Stat.,
sec.
2228;
N.
D.
Rev.
Codes,
sec.
8952;
N.
M.
Comp.
Laws
1897,
sec.
1314.)
That
the
absence
of
visible
means
of
support
or
a
lawful
calling
is
necessary
under
these
statutes
to
a
conviction
for
loitering
around
saloons,
dram
shops,
and
gambling
houses
is
not
even
negatived
by
the
punctuation
employed.
In
the
State
of
Tennessee,
however,
we
find
an
exact
counterpart
for
paragraph
2
of
section
1
of
our
own
Act
(Code
of
Tenn.,
sec.
3023),
with
the
same
punctuation:lawph!1.net
.
.
.
or
of
any
person
to
be
found
loitering
about
saloons
or
dram
shops,
gambling
houses,
or
houses
of
ill
fame,
or
tramping
or
strolling
through
the
country
without
any
visible
means
of
support.
A
further
thought
suggest
itself
in
connection
with
the
punctuation
of
the
paragraph
in
question.
The
section,
as
stated
above,
is
divided
into
seven
clauses,
separated
by
semicolons.
To
say
that
two
classes
of
vagrants
are
defined
in
paragraph
2,
as
to
one
of
which
visible
means
of
support
or
a
lawful
calling
is
not
a
good
defense,
and
as
to
the
other
of
which
such
a
defense
is
sufficient,
would
imply
a
lack
of
logical
classification
on
the
part
of
the
legislature
of
the
various
classes
of
vagrants.
This
we
are
not
inclined
to
do.
In
the
case
at
bar,
all
three
of
the
defendants
were
earning
a
living
by
legitimate
methods
in
a
degree
of
comfort
higher
that
the
average.
Their
sole
offense
was
gambling,
which
the
legislature
deemed
advisable
to
make
the
subject
of
a
penal
law.
The
games
in
which
they
participated
were
apparently
played
openly,
in
a
licensed
public
saloon,
where
the
officers
of
the
law
could
have
entered
as
easily
as
did
the
patrons.
It
is
believed
that
Act
No.
1775
is
adequate,
if
enforced,
to
supress
the
gambling
proclivities
of
any
person
making
a
good
living
at
a
lawful
trade
or
business.
For these reasons, the defendants are acquitted, with the costs de oficio.