CASES L
In Krivenko v. Register of Deeds, what did the Supreme Court hold as an indispensable part of "public agricultural lands" as provided in Section 1 of Article XIII of the Constitution?
Residential lands
In the case of Manila Race Horse Trainers Association, Inc. v. De La Fuente, the Court held that Ordinance No. 3065 intends to tax or license _______ and not ______.
Stables, (and not) horses.
What is verba legis?
Plain-meaning rule.
What is ut magis valeat quam pereat?
The Constitution must be interpreted as a whole.
When did Atty. Othello start his job at PAO?
January 2016
In People v. Purisima, what is was primarily criminalized by PD No. 9?
Carrying any bladed, blunt or pointed weapon not used as a necessary tool for livelihood outside one's residence
In Villanueva vs City of Iloilo what was the ordinance being in contested?
Ordinance 11 “AN ORDINANCE IMPOSING MUNICIPAL LICENSE TAX ON PERSONS ENGAGED IN THE BUSINESS OF OPERATING TENEMENT HOUSES”. By virtue of ordinance in question, the City collected from Sps. Villanueva, an amount for the municipal license tax for the operation of their tenement houses. The Sps. Villanueva has likewise been paying real estate taxes on their property.
When is construction necessary?
A statute is ambiguous, and so open to explain by extrinsic aids, not only when its abstract meaning or the connotation of its terms is uncertain, but also when it is uncertain in its application to, or effect upon, the fact-situation of the case at bar (Del Mar v. PAGCOR)
What is stare decisis?
It is the doctrine that, when court has once laid down a principle, and apply it to all future cases, where facts are substantially the same, regardless of whether the parties and properties are the same.
What is the name of Atty Othello Mendoza's girlfriend?
Meryll Mallari
Centeno v. Villalon Pornillos and US v. Go Chico,
True or false: penal laws are construed in favor of the state?
FALSE. Penal laws are to be construed against the state and liberally in favor of the accused. They are not to be extended or enlarged by implications, amendments, analogies, or equitable considerations. They are not to be strained by construction to spell out a new offense, enlarge the field of crime or multiply felonies. Hence in the interpretation of a penal statute, the tendency is to subject it to careful scrutiny and to construe it with such strictness as to safeguard the rights of the accused.If the statute is ambiguous and admits of two reasonable but contradictory constructions, that which operates in favor of a party accused under its provisions is to be preferred
(Alonzo v. IAC) True or false: the letter of the law prevails over spirit.
FALSE. The spirit, rather than the letter of a statute, determines its construction, hence, a statute must be read according to its spirit or intent. For what is within the spirit is within the letter but although it is not within the letter thereof, and that which is within the letter but not within the spirit is not within the statute. Stated differently, a thing which si within the intent of the lawmaker is as much within the statute as if within the letter; and a thing which is within the letter of the statute is not within the statute unless within the intent of the lawmakers
What is ejusdem generis?
It is a general rule of statutory construction that where general words follow an enumeration of persons or things, by words of a particular and specific meaning, such general words are not to be construed in their widest extent, but are to be held as applying only to persons or things of the same general kind or class as those specifically mentioned.
What is the enrolled bill doctrine?
Bills passed by congress authenticated by the Speaker and the Senate President and approved by the President
Which division/team was Atty under at the PAO?
special and appealed cases service
In Nueno v. Angeles, did the Court honor the President's message to Congress as sufficient to invoke the right to hold-over? Why? Discuss.
no, because the President's pronouncement has no force and effect of law.
In Tamayo v Gsell what was Act no. 1874 similar to in the US and what does this law provide?
The State of Massachusetts means that its interpretation should be based on how the initial law (from Massachusetts) was interpreted. The law from Massachusetts clearly defines the rights and obligations of both master and servant, which in this case pertains to the obligation of a master to act as a superintendent during the servant’s course of work and prevent any untoward incidents from happening. Failure to exercise due care, according to the law used as basis, would mean that the employer would be held liable for damages.
What are the intrinsic aids of construction?
1. Law construed as a whole and in relation to other laws
2. Title of the law
3. Preamble
4. Punctuation marks
5. Headnotes or epigraphs
What are the extrinsic aids of construction?
1. Contemporaneous circumstances
2. Legislative history
3. Legislative debates and committee reports
4. Executive/ contemporaneous construction
5. Reference to other statutes
When did Atty. Lloyd graduate from UPD? and what was his undergrad?
2010, Political Science
Discuss the case of Nera v. Garcia and the doctrine of statutory construction laid therein.
The second paragraph of Section 694 of the Revised Administrative Code should be interpreted to mean that dishonesty and oppression, to warrant punishment or dismissal, need not be committed in the course of the performance of duty of the person charged. This conclusion results from the fact that there is a comma after the words dishonesty and oppression, thereby giving the impression that only the phrase "grave misconduct or neglect" is qualified by the words "in the performance of duty."
In the Case of PHILIPPINE SUGAR CENTRALS AGENCY v. COLLECTOR OF CUSTOMS What is the doctrine in this case and what was the intention of the law?
The intention of the law was “to give the Government of the Philippine Islands authority to levy and collect such a duty of $1 per gross ton, and that the money derived from such sources should be used, deemed and treated as a trust fund, for the purpose of acquiring and constructing wharves by the Government of the Philippine Islands.” This is because the government continues to invest in the construction and expansion of all existing wharfs across the country.
Doctrine: The statutory construction of the law should be followed as it is clear that the omission of certain words pertains to the lack of intent to tax such activities. Wharfage cannot be collected where the party charging and collecting the same is not the owner of the wharf. Wharfage is a payment for services rendered by a wharf.
What is cassus omissus?
When a statute makes specific provisions in regard to several enumerated cases or objects, but omits to make any provision for a case or object which is analogous to those enumerated, or which stands upon the same reason, and is therefore within the general scope of the statute, and it appears that such case or object was omitted by inadvertence or because it was overlooked or unforeseen.
What is the function of a proviso?
Proviso is a clause or part of a clause in the statute, the office of which is either to except something from the enacting clause, or to qualify or restrain its generality, or to exclude some possible ground of misinterpretation of its extent.
When is the anniversary of Atty Mendoza and his girlfriend?
July 14, 2019