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People v Manantan 2.

aN ARGUment based only on


1. Cassius Omissus punctuations must be supported by
-an addition in a statute or provision other arguments
is a deliberately intended to omit -punctuations are used to interpret
person, thing, object the actual legislative will
-when 2 or more statutes or
provisions talk about the same thing Mercado et al v NLRC
1. proviso (words & phrases)
People v Tamani -as a general rule, proviso only
1. Deadline for another appeal should qualifies the statement that only
be 15 days from promulgation or precedes it
notice of the judgment or order
2. Each to each Sterling Selections Corporation v LLDA
- promulgation = refers to judgment 1. CA misinterpreted the provision in
-notice – refers to order which the section used the word
-a or b of x or y  a:x ; b;y “including”
-In this case, promulgation does not - If there is enumeration which is
refer to judgment and order. preceded by including or
involving, this means that it is an
Mapa v Arroyo example
1. Relative and qualifying terms not intended to be an
exclusive list if it is an example
Paras v COMELEC
1. They cannot hold the recall election In re Mcgee v Republic
because it preceded the sk elections 1. SC ruled that the correct
2. NO. SK election is not within the interpretation of the provision,
purview of the regular elections applied the rule that negative words
accdg to LGC and provisions are considered as
3. Context and Related clauses mandatory while those that are in
-Regular local elections affirmative are considered as
- looking at it generally, SK elections directory
are covered by the provision -negative terms = prohibition
-but court said that SK elections are -affirmative sense = directory
not necessarily held at the same - if there is conflict with the terms
time as other local elections or not
held simultaneously Director of Lands v CA
-if you are to include SK elections,
there will be no recall election Bersabal v Salvador
-hence, this is not the intention of
the legislature Diokno v Rehab Finance Corp
1. Shall – mandatory
US v Hart 2. Court: even if shall is usually used as
1. Use of punctuation marks mandatory, you should also look at
the intent of the law
3. Court: shall is not mandatory but
directory

RMBSA v HDMF
1. Both and/or shall be effective
-and = conjunctive; must be existing
together
-or = any of them
-and/or = can use both bec it is
disjunctive; either conjunctive or
disjunctive
2. if law uses and/or, implementing rules
and regulations must also use and/or

Microsoft Corp v Manansala


1. plural includes the singular and vice
versa
2. if the law says child, it also includes
children unless the context state otherwise

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