Chapter Four: Adherence to, or What is Absoluta sentential expositore non

departure from, language of statute indigent?

-When the language of the law is clear, no
A. Literal Interpretation explanation of it is required

1. Literal meaning or plain-meaning rule -When the law is clear, it is not susceptible
What is the general rule? of interpretation
-If statute is clear, plain, and free from -The law must be applied regardless of who
ambiguity, it must be given its literal may be affected even if it may be harsh or
meaning and applied without attempted onerous
interpretation (verba legis)
What is Dura Lex Sed Lex?
What is Verba Legis? -the law may be harsh, but it still the law
-Plain meaning rule
What is Hoc quidem perquam durum est,
What is Index Animi Sermo? sed ita lex scripta est?
-speech is the index of intention -it is exceedingly hard but so the law is
written
What is Verba Legis non best recedendum?
-From the words of a statute, there should be -If the law is clear and free from doubt, it is
no departure the sworn duty of the court to apply it
without fear
-words employed by the legislature in a Should the court apply the law even if it is
statute correctly express its intent or will harsh or unwise?
-what is not clearly provided in the law, -Yes. The duty of court in interpreting a
cannot be extended to those matters outside statute which is ambiguous is not to dispute
its scope (disagree) its wisdom.

What is judicial legislation? What is the duty of the court in interpreting

-encroach (intrude) upon legislative a statute?
prerogative (right) -Limited to inquire into the legislative intent
-When what is not clearly provided in the and once it’s determined, make the
law is read into law by construction because legislative intent effective
it is more logical and wise -a decent regard to the legislative will should
inhibit (prevent) the court from engaging in
What does it mean to depart from the judicial legislation to change what it thinks
meaning expressed by words? are unrealistic statutes that do not conform
-To alter the statute, to legislate, and NOT to with ordinary experience or practice
interpret
What if there’s a need to change, amend, or
What is Maledicta est expositioquae repeal the law?
corrumpit textum? -Remedy may be done through a legislative
-or it is dangerous construction which is process, NOT by judicial decree
against the text
-When the law is clear, appeals to justice
2. Dura Lex Sed Lex and equity as justification to construe
(interpret) it differently are unavailing -The spirit or intention of a statute prevails
(ineffective) over the letter thereof
-What is within the spirit of a statute is
What is Aequitas nunquam contravene within the statute although it is not within
legis? the letter thereof
-Equity never acts in contravention -What is within the letter but not within the
(violation; offending the law) of the law spirit of the statute is not within the statute

When is Equity available? What is the vital part and essence of the
-only in the absence of law and not its law?
replacement -Intent

B. Departure from Literal Interpretation What is the primary rule of construction?

-Ascertain and give effect to that intent of
1. Statute must be capable of the law
interpretation, otherwise inoperative
-Don’t literally construe (interpret) the law if
What may courts do? it will render it meaningless, lead to
-Courts must use every authorized means to ambiguity, injustice or contradiction
ascertain (discover) the intent of the statute
and give it an intelligible meaning What if the literal meaning of statute would
lead to absurdity (unreasonable),
What if effort is impossible to solve the contradiction, injustice, or would defeat the
doubt and dispel (banish) the obscurity clear purpose of the lawmakers?
(unimportant) of a statute? -Court may consider the spirit and reason of
-If no judicial certainty can be had as to its statute
meaning, the court is not at liberty to supply
or make a meaning What is Ratio legis?
-interpretation according to the spirit or the
What if statute fails to express a meaning? reason of the law
-Judicial modesty forbids court from
assuming and supplying a meaning -Spirit or intention of a statute prevails over
the letter (words)
What is Interpretatio fienda est ut res magis -A law should accordingly be so construed
valeatquam pereat? as to be in accordance with, and not
-that interpretation as will give the thing repugnant (unacceptable) to, the spirit of the
efficacy (ability to produce an intended law
result) is to be adopted
What is the Presumption?
2. What is within the spirit is within the -Undesirable consequences were never
law intended by a legislative measure
-The intent of the spirit of the law is the law
itself 3. Literal import must yield to intent
-Intention controls the literal interpretation
What is the general rule? of a particular language of statute
What is Verba intentioni, non e contra, would otherwise yield (produce) conclusions
debent inservire? inconsistent with the purpose of the act
-Words ought to be more subservient
(obedient) to the intent and not the intent to What if there are two statutory
the words interpretations?
-The one that best serves the purpose of the
What if there are two conflicting theories? law should prevail. —> Why? The
-Courts choose which best accords with the GENERAL purpose is more IMPORTANT
spirit or intent of the law AID to the meaning than any rule which
grammar or formal logic may lay down.
What is the guide in ascertaining intent or (Holmes)
construction of statute?
-Conscience and Equity When would Literal Interpretation be
rejected?
Is it possible that a statute may be extended -If it would be unjust or lead to absurd
to cases not within the literal meaning of its (unreasonable) results.
terms?
-Yes. As long as they are within the spirit or Frankfurter:
intent of the law -Legislative words are not inert (stationary)
but derived vitality from the obvious
4. Intent of a Statute is the Law purposes at which they are aimed
Cardozo:
5. Limitation of Rule -Legislation is more than a composition. It is
-Intent over letter only if there’s ambiguity an active instrument of government which
-What is within the spirit of a statute, even if means that laws have ends to be achieved.
not within the letter, is applicable ONLY if Holmes:
there’s ambiguity in the language of the law -Words are flexible. The general purpose is
a more important aid to the meaning than
6. Construction to accomplish purpose any rule which grammar or formal logic may
-Statutes should be construed in the light of lay down.
the object to be achieved and the
evil/mischief to be suppressed (prevent) 7. Illustration of Rule
-Statutes should be given construction that King vs Hernandez
will advance the object, suppress the -Issue: W/N a Chinese may be employed in
mischief, and secure the benefits intended a non-control position in a retail
establishment, a wholly nationalised
What is the key to open the brain of the business under Retail Trade Law
legislature/legislative intent? -Ruling: No. The law has to be construed
-Purpose or reason which induced with the Anti-Dummy Law (prohibiting an
(convinced) the enactment of the statute alien from intervening in the management,
operation, administration or control)
When should Courts not follow the letter of -When the law says you can’t employ an
a statute? alien, you can’t employ an alien.
-When following the letter would depart -It is imperative (important) that the law be
from the true intent of the legislature or interpreted in a manner that would break off
any attempt at circumvention of the -Judiciary Act grants jurisdiction with
legislative purpose municipal court in the capital of a province
in offences where the penalty is a fine not
Bustamante vs NLRC exceeding P6000
-Issue: How to compute for back wages to
which an illegally dismissed employee Godines vs CA
would be entitled until his actual -Patent Law: grants the patentee (has
reinstatement copyright) the exclusive right to make, use,
-Ruling: There are 3 ways. 1) before Labor and sell his patented (copyright)
Code: to be deducted from the amount of machine/product
back wages is the earnings elsewhere during -Doctrine of Equivalents: when a device
the illegal dismissal period 2) Labor Code appropriates a prior invention by
Art. 279: the amount of back wages is fixed incorporating its innovative concept, and
without deductions or qualifications but though with some modification and change,
limited to not more than 3 years 3) Amended performs substantially the same way to
Art. 279: full back wages or without achieve substantially the same result
deductions from the time the laborer’s
compensation was withheld until his actual Planters Association of Southern Negros
reinstatement Inc. vs Ponferrada
-The clear legislative intent of the -2 conflicting provisions should be
amendment in Labor Code is to give more construed as to realise the purpose of the law
benefits to workers than was previously -the purpose of the law is to INCREASE the
given them under 1. worker’s benefits
-Benefits under RA 6982 shall be in addition
US vs Toribio to the benefits under RA 809 and PD 621
-The prohibition of slaughter of carabaos for -“Substituted” cannot be given literal
human consumption as long as the animals interpretation
are fit for agricultural work was a necessary
limitation on private ownership 8. When Reason of Law ceases, law itself
-Purpose/Object of the law: to protect large ceases
cattle against theft and to make easy What is the heart of the law?
recovery and return of cattle to their owners, -it is the reason which induced (convinced)
when lost or stolen the legislature to enact a law
-Issue: W/N the slaughter of large cattle
outside the municipal slaughterhouse What is Cessante ratione legis, cessat et
without a permit by municipal treasurer is ipsa lex?
prohibited -When the reason of Law ceases, law itself
-Ruling: Yes. Outside or inside without ceases
permit is prohibited.
What is Ratio legis est anima?
Bocobo vs Estanislao -the reason of the law is its soul
-Issue: W/N CFI and municipal court in the
capital of a province have concurrent -A statute may make a prior law devoid
jurisdiction over the crime of libel (lacking or free from) of reason
-RPC grants jurisdiction with CFI
What if the later law has a purpose in -A sale of land in favor of alien, in violation
conflict with prior statute on the same of said law, no longer be questioned after the
subject? alien becomes a Filipino citizen
-The latter law has lost all meaning and
function and has ceased to exist 9. Supplying Legislative Omission
-Ex: when the purpose of the statute sought When may the Court supply the omission to
to be achieved (or mischief sought to be make the statute conform to the obvious
repressed) but prevented by an act or event intent of the legislature (or to prevent the act
independent of the statute itself from being absurd)?
-When a literal import of the language of a
Poe vs Almuente statute shows that words have been omitted,
-Agricultural Tenancy Act is repealed by the that should have been in the statute, in order
Agricultural Land Reform Code to carry out its intent and spirit, clearly
-Agricultural Tenancy Act: punishes pre- ascertainable from the context
threshing (separating grain from) of palay on -Courts may supply legislative omission to
a date other than previously set without the make the statute conform to obvious intent
mutual consent of the landlord and tenant of the legislature or to prevent the act from
(share tenancy relationship) being absurd
-Agricultural Reform Code: abolished share
tenancy relationship and doesn’t punish pre-
threshing of palay on a date other than -the rule is corollary (follows) with the rule
previously set without mutual consent of that what is within the spirit of the law is
landlord and tenant anymore (leasehold within the law
system) -NOT judicial legislation

Commendador vs De Villa 10. Correcting Clerical Errors

-Issue: W/N PD 39, which withdrew the What may the court do to carry out the
right to peremptorily (immediate attention) obvious intent of the legislature?
challenge members of a military tribunal, -Carry out correct clerical
had been rendered inoperative by PD 2045 (office/administrative) errors, mistakes, or
proclaiming the termination of a state of misprints which, if uncorrected, would make
Martial Law the statute meaningless, empty or would
-Ruling: YES. The termination of the martial defeat its intended operating, so long as the
law and dissolution of military tribunals meaning intended is apparent on the face of
created were the reason for PD 39’s the whole enactment and no specific
existence be ceased automatically and the provision is abrogated (repealed)
decree itself ceased -NOT judicial legislation

Vasquez vs Giap 11. Illustration of Rule

-Where the mischief sought to be remedied Rufino Lopez & Sons Inc. vs CTA
by a statute has already been removed in a -Court changed the phrase “collector of
given situation, the statute may no longer customs” to “commissioner of customs” to
apply in such case correct an obvious mistake in law
-The law bans aliens from owning lands, the -Sec 7: “commissioner of customs” grants
purpose is to preserve the nation’s lands for the CTA jurisdiction to review decisions of
future generations of Filipinos the Commissioner of Customs
-Sec 11: “collector of customs” refers to the -It is presumed that the legislature intended
decision of the collector of customs that may exceptions to its language to would avoid
be appealed to CTA absurd consequences
-“Commissioner” prevails because -statutes may be extended to cover cases not
Commissioner of Customs has supervision within the literal meaning of the terms if
and control over collectors of customs and their literal import would lead to absurd
the decisions of the latter are reviewable by results
commissioner of customs
What is Interpretatio talis in ambiguis
Lamp vs Phipps semper fienda est ut eviretur inconveniens et
-“Ordinary COURTS of law” to “Ordinary absurdum?
COURSE of law” -When there is ambiguity, such
interpretation that will avoid inconvenience
Farinas vs Barba and absurdity is to be adopted
-Issue: Who is the appointing power to fill a
vacancy created by the sanggunian member Does the Court have power to supply or
who did not belong to any political party, omit the words from a statute?
under the provision of the Local -Yes, when literal adherence to the language
Government Code would result to absurdity and prevent it.
-“Local Chief Executive” - a misnomer
(wrong/inaccurate) How does the Court test the law?
-It should be “authorities concerned” -By its result
because the President is not a “local chief -There are laws which are generally valid
executive” but under Sec. 50 of Local but may seem arbitrary (ruling) when
Government Code, the “President, applied in a particular case because of its
Governor, Mayor have executive power to peculiar circumstance.
appoint in order to fill vacancies in local -Courts are not bound to apply them in
councils or to suspend local officials” slavish (subservient) obedience to their
language.
12. Qualification of Rule (of correcting
clerical errors) -A law should not be interpreted so as not to
What may Courts correct to reflect intention cause injustice
of legislature? -When a term is defined in a statute, the
-Only those that are clearly clerical errors or court may not construe it to exclude what is
obvious mistakes, omissions, misprints included therein as to restrict its scope
-Courts should construe a statute to
What if statute’s intention is clear? effectuate, not to defeat, its provisions
-To correct a clear statute would be
rewriting the law and do judicial legislation Peo vs Duque
in the disguise of interpretation -Surplusage
-Sec. 2 of RA 3326: Prescription of Offenses
13. Construction to avoid absurdity -Prescription shall begin to run from
-General terms of a statute should be limited 1. The day of the commission of the
in their application to not lead to absurdities violation
 2. From the time of discovery and -PD 9(3) is a malum prohibitum; thus intent
institution of judicial proceedings for to use such prohibited weapons is
investigation and punishment immaterial by reason of public policy
-The prevailing rule is that prescriptive -Court said that use the Preamble to construe
period is tolled upon the institution of such act whether penalized or not and that
judicial proceedings (an act of grace by the legislature did not intend injustice,
State) absurdity, and contradiction
-Ruling: the phrase “institution of judicial -Court’s example: So if I borrowed a bolo
proceedings for its investigation and then I return this to my lender, then in the
punishment” may be disregarded as course or journey I’m caught, I’m penalized
surplusage (useless statement) or should be under PD 9 for 5-10 years imprisonment
deemed preceded by the word “until”
———— Aliya, continue the book cases for Ursua vs CA
midterms -Issue: W/N the isolated use, at one instance,
of a name other than a person’s true name to
14. Construction to avoid injustice secure a copy of a document from a
What is the Presumption? government agency, violates CA 141 (Anti-
-The legislature in enacting a law, did not Alias Law)
intend to work a hardship or an oppressive -Ruling: No. The purpose of the Anti-Alias
result, a possible abuse of authority or act of Law is to prevent confusion and fraud in
oppression, arming one person with a business transactions. Such isolated use of a
weapon to impose hardship on another different name is not prohibited by law;
otherwise, injustice, absurdity, and
What is Ea est accipienda interpretatio quae contradiction will result
vitio caret?
-Interpretation is to be adopted which is free 15. Construction to avoid danger to
from evil or injustice public interest
What is the rule?
Amatan vs Aujero -Where great inconvenience will result, or
-Umpad was charged with homicide great public interest will be
-He entered into a plea bargaining endangered/sacrificed, or great mischief
agreement, which the judge approved of, done, from a particular construction of a
downgrading the offense to attempted statute, such construction is to be avoided
homicide which Umpad pleaded guilty -Courts should presume that such
-The victim died, but judge ruled that it was construction was not intended by the
attempted legislature
-Legal maxim: Let the right be done, though
the heavens fall (Fiat justicia, ruat coelum) Co Kim Cham vs Valdez Tan Keh
-when a provision of the law is silent or -“processes” in the proclamation that “all
ambiguous, judges ought to invoke a laws regulations and processes” of the RP
solution responsive to the vehement during the Japanese occupation “are null and
(passionate) urge of conscience void and without legal effect” may not be
construed to embrace judicial processes as
Peo vs Purisima this would lead to great inconvenience and
public hardship and public interest would be
endangered (criminals freed and vested attachment, garnishment, or any other order
rights impaired) or process of any court, legislative body,
government agency or any administrative
16. Construction in favor of right and body”
justice -Ruling: Court applied the principles of right
-Any doubt in the construction of a statute and justice to prevail over the literal words
should be resolved in favor of right and of the statute. The purpose of RA 6426 is to
justice (Art 10 CC) exempt assets from attachment: at the time
the said law was enacted, the country’s
What if the statute is silent, obscure or economy was in a shambles but in the
insufficient with respect to a question before present time, it has recovered economically.
the court? No reason why such assets cannot be
-Such statute will not justify the court from attached especially if it would satisfy a
declining to make judgment (Art 9 CC) judgment to award moral damages to the
12yrd old victim
Whst is Jure naturae aequum est neminem
cum alterius detrimento et injuria fieri 17. Surplusage and superfluity
locupletiorem? disregarded
-Courts invoke these principles when
statutes are silent or obscure in order to What is Surplusagium non noceat?
arrive at a solution that would respond to the -Surplusage does not vitiate (destroy) a
vehement (passionate) urge of conscience statute

What if there’s balancing conflicting What is Utile per inutile non vitiatur?
solutions? -The useful is not vitiated (destroyed) by the
-The one perceived to tip the scales, which non-useful
the court believes will promote the public
welfare is its probable operation, as a -When a word, phrase, or clause in a statute
general rule or principle is devoid (lacking) meaning in relation to the
context or intent of the statute, or where it
Salvacion vs BSP suggests a meaning that nullifies the statute
-Bartelli raped his niece 10 times and or makes it without sense, such
detained her in his apartment for 4 days word/phrase/clause may be rejected as a
-Court gave a favorable judgment of more surplusage and entirely ignored
than P1M
-BSP rejected the writ of attachment Demafiles vs COMELEC
alleging Sec. 113 of the Central Bank -Issue: W/N a pre-proclamation election
Circular No. 960 (applicable to transient case has become moot because the
foreigners) proclaimed winner took his oath in pursuant
-Issue: W/N The dollar bank deposit in a to Sec. 2 EA 4870 which provides that “the
Philippine bank of a foreign tourist can be first mayor, vice mayor and councilors of
attached to satisfy the moral damages the municipality of Sebaste shall be elected
awarded in favor of his 12 year old victim in the next general elections for local
-BSP did not honor the write of attachment officials and shall have qualified”
pursuant to RA 6426 Sec. 8: “foreign -It was contended that “shall have qualified”
currency deposits shall be exempt from begins immediately after proclamation
-Ruling: this is wrong. The phrase “shall What is Ibi quid generaliter conceditur?
have qualified” is a jargon and does not -Every rule is not without an exception
warrant the respondent’s reading that the
term of office of the first municipal officials What is Inest haec exception, si non aliquid
begins immediately after their proclamation. sit contras jus basque?
Apply the general rule when term begins on -Where anything is granted generally, this
1st day of January following their election exception is implied; that nothing shall be
contrary to law and right
18. Redundant words may be rejected
What is the general rule? What may justify an exception to a rule even
-every effort should be made to give when the rule does not provide any?
meaning to every part of the statute. —> this -Equity and other compelling reasons
rule does not impose an imperative
obligation for courts to give every redundant -if the application of law will prevent a fair
word or phrase a special significance, and impartial inquiry into the actual facts of
contrary to the manifest intention of the a case, justice demands that the general rule
legislature. should yield to occasional exceptions

-A possible interpretation, which would What is Summum jus, summa injuria?

defeat the whole purpose of the law, is to be -The rigor (harsh opinion) of the law would
rejected become the highest injustice
-When the use of word is to merely reiterate
or repeat, it carries out the intention of the What is the exemption to prevent injustice
legislature from rigid and strict application of law?
-To prevent such result on humanitarian and
19. Obscure or missing word or false equitable grounds is warranted (authorized),
description may not preclude although the literal import of the law
construction suggests no such exemption.
-Court should not and cannot always be
bound by the phraseology or literal meaning 21. Law does not require the impossible
of a statute What is Nemo tenetur ad Impossible?
—> that some words may be missing due to -The law obliges no one to perform an
clerical errors or false description does not impossibility
preclude construction nor vitiate the -aka there is no obligation to do an
meaning of the statute which is otherwise impossible thing
clear
-Statutes should not be construed that would
What is Falsa demonstration non nocet, cum require compliance with what it prescribes,
de corpore constat? which is impossible —> substantial
-False description does not preclude compliance with what the law requires is
construction nor vitiate the meaning of the sufficient
statute -Impossible compliance vs substantial
compliance (required by law)
20. Exemption from Rigid (hard)
Application of Law —read book cases
22. Number and gender of words -It states that what is implied in a statute is
What is the maxim? as much a part thereof as that which is
-When the context of a statute indicates in expressed
plural include the singular, and vice versa
-Every statute is understood to contain all
-A plural word in a statute may apply to a provisions as may be necessary to effectuate
singular person or thing, just as a singular its object and purpose or to make effective
word may embrace 2 or more persons or rights, powers, privileges or jurisdiction (it
things grants collateral and subsidiary
consequences)
What is the rule?
-In construing a statute, the masculine, but What is Ex Necessitate Legis?
not the feminine, includes all genders, unless -from the necessity of the law
the context of the word in the statute -every statutory grant of power, right or
indicates otherwise privilege is deemed to include ALL
-Ex: incidental power, right, or privilege —>
-Art 996 CC: law on succession. Such Why? Because the greater includes the
article also applies to a situation where there lesser (in eo quod plus sit, semper inest et
is only one child because “children” minus)
includes “child.”
-Election Code: “candidate” What is “necessary implication?”
comprehends “some candidates” or “all -this term is one so strong in its probability
candidates” that the contrary thereof cannot reasonably
-On gender: the masculine, but not the be supposed (assumed)
feminine, includes all genders, unless the -it is one which is compelled by a reasonable
context of the word in the statute indicates view of the statute and the contrary of which
otherwise would be improbable and absurd

C. IMPLICATIONS What does “necessity” mean?

-it is the “great master of all things” and
1. Doctrine of Necessary Implication defines what may properly and logically be
-No statute can be enacted that can provide inferred and read into the statute
all the details involved in its application
-there is always an omission that may not What does “necessity” include?
meet a particular situation -It includes inferences drawn from :
-What is thought, at the time of enactment, 1. The purpose or object of the statute
to be an all-embracing legislation may be 2. What the legislature must be
inadequate to provide for the unfolding presumed to have intended
events of the future (gaps in the law) 3. The necessity of making the statute
effective and operative
What is the rule to fill in the gap?
-Doctrine of Necessary Implication What does “necessity” exclude?
-what is merely plausible, beneficial, or
What does the Doctrine of Necessary desirable
Implication state?
When can the Doctrine of Necessary -Issue: W/N the law which authorises the
Implication not be used? opening of extension classes includes
-to justify the inclusion in a statute of what payment of salaries and other benefits of
the court appears to be wise and just, extension teachers
UNLESS it is at the same time necessarily -Ruling: Yes. Even under the doctrine of
and logically within its terms necessary implication, the allocation of the
-be employed to support an interpretation SEF for the establishment and maintenance
destructive of the object/purpose of the law of extension classes logically implies the
hiring of teachers who should, as matter of
-what can be necessarily implied from a course, be compensated for their services.
statute should be consistent to the -Every statute is understood, by implication,
Constitution to contain all such provisions as may be
necessary to effectuate its object and
What do you call an implication which is purpose, or to make effective rights, powers,
violative of the law? privileges or jurisdiction which it grants,
-Unjustified or unwarranted including all such collateral and subsidiary
consequences necessarily and logically
Chua vs Civil Service Commission inferred from its terms (Ex necessitate legis)
-RA 6683 provides that the “benefits -the services and compensation of these
authorised under this Act shall apply to teachers are necessary and indispensable to
regular, temporary, casual and emergency the establishment and maintenance of
employees, regardless of age, who have extension classes
rendered at least a total of 2 consecutive -the operation and maintenance of public
years of government service as of the date of schools is lodged principally with the DECS
separation —> why only salaries of public school
-Issue: W/N a coterminous (having the same teachers appointed with establishment and
boundaries) employee, or one whose maintenance of extension classes pertain to
appointment is co-existent with the duration supplementary budget of local school boards
off a government project, who has been -NOT EVERY kind of personnel-related
employed as such for more than 2 years, is benefits of teachers may be charged to the
entitled to early retirement benefits under SEF
Sec. 2 of RA 6683 -SEF may be expended only for the salaries
-Ruling: A coterminous employee is not and personnel-related benefits of teachers
different from a casual or temporary appointed by the local school boards with
employee and by necessary implication, the establishment and maintenance of extension
inclusion of the latter in the class of classes
government employees entitled to the -Extension classes: additional classes needed
benefits of the law necessarily implies that to accommodate all children of school age
the formed should also be entitled to such desiring to enter in public schools to acquire
benefits basic education
-Expresio unius est exclusion alterius
shouldn’t be applicable but the DOCTRINE 2. Remedy implied from a right
OF NECESSARY IMPLICATION is.
What is Ubi jus, ibi remedied?
Commission on Audit vs Province of Cebu -Where there is a right, there is a remedy for
violation thereof
 recommended for reinstatement by the
What is implied in the existence of a right in government committee that investigated
favor of a person? him”
-corresponding obligation on the part of -His suspension and removal were illegal
another who violates such right, and entitles and violated Admin Code and Constitution
the person to a remedy to assure its -Ruling: to remedy the evil and wrong
observance and vindication (clearing committed, the least that could be done is to
someone of blame) restore him to the office and post of which
he had been illegally deprived and to include
What if the statute is silent as to the remedy? in the remedy the payment of the salary
-Even if it’s silent, it doesn’t preclude him which he would have received during the
from such right period of illegal suspension
-when the Constitution declares that a right -There was a legal problem: when he was
exists in certain circumstances, an action suspended, somebody was appointed to his
may be maintained to enforce such right position and was argued that to reinstate him
even if there’s absence of any legislation on would be to remove the new worker without
the subject cause in violation of law.
-Ruling: the Court resorted to a legal fiction.
What if there’s no statute to enforce such When the the employee was illegally
Constitutional right? dismissed, his position never became vacant
-such right enforces itself by its own hence, there was no fancy to which the
inherent potency (power) and puissance present worker could be permanently
(great power) appointed (it’s temporary).
-SC: the new worker (incumbent) being
FOR WHERE THERE IS A RIGHT, made to leave is to give way to the
THERE IS REMEDY employee’s superior right. (Removal for
cause)
WHERE THERE IS A WRONG, THERE
IS A REMEDY which courts of general 3. Grant of jurisdiction
jurisdiction can grant. -the rule that jurisdiction to hear and decide
cases is conferred (granted) only by the
What does “wrong” mean? Constitution or statute, NOT by Rules of
-it means deprivation or violation of right Court.
-not equivalent to error
What if there’s absence of clear legislative
What if there’s no right on the part of one intent?
who prays for a remedy? -Jurisdiction CANNOT be implied from the
-the principle does not apply and no relief language of a statute
may be granted
-the power granted upon the COMELEC by
Batungbakal vs National Development Co Sec 196 of 1978 Election Code to exercise
-“a civil service employee was suspended appellate jurisdiction over election cases
and later dismissed without cause as shown filed with and decided by RTCs involving
by the fact that after investigation, he was municipal elective officials does not imply
exonerated (acquit) and found guiltless of the grant of authority upon COMELEC to
gross negligence filed against him and was
issue writs of certiorari, prohibition, -Ex: a statute provides that “any public
mandamus of said election cases officer against whom any criminal
-when a statute grants special court prosecution under a valid information under
jurisdiction over criminal cases involving Anti-Graft Law or under RPC on bribery is
offenders under 16 yrs old at the time of the pending in court, shall be suspended from
filing of the action, a subsequent statute office” —> implies that it is the COURT,
defining a youthful offender as one who is and NOT the executive official concerned,
over 9 but below 21 yrs of age, may NOT be that can suspend the official pending
CONSTRUED as to confer (grant) by determination of the criminal case because it
implication upon said special court the is a judicial function.
authority to try cases involving offenders 16
but below 21 yrs of age What if statutes confer (grant) jurisdiction to
an administrative agency?
4. What may be implied from grant of -it must be liberally construed to enable the
jurisdiction agency to discharge its assigned duties in
accordance with the legislative purpose
What does the grant of jurisdiction to try -Ex: the power granted by PD 1344 to
action carry? National Housing Authority to hear and
-all necessary and incidental powers to decide “claims involving refund and any
employ all writs, processes, and other means other claims filed by subdivision lot or
essential to make its jurisdiction effective condominium unit buyers against the project
owner/developer/dealer/broker/salesman”
-Every constituted court has power to do all include the power to hear and decide “any
things which are reasonably necessary: and all claims which are incidental to or a
1. For the administration of justice necessary consequence of the claims/cases
within the scope of its jurisdiction, and for specifically included in the grant of
the enforcement jurisdiction to the National House Authority
2. For the enforcement of its (attorney’s fees and damages)
judgments and mandates
….even if the court may be called to decide GSIS vs Civil Service Commission
matters, which would not be within its -Ruling: Civil Service Commission, in the
cognisance as original causes of action exercise of its quasi-judicial function has the
power to order execution of its decision
What happens when a court has jurisdiction which has become final
over the main cause of action? -The grant to the tribunal (or agency of
-such court can grant reliefs incidental adjudicatory power), or the authority to
thereto, even if they would be outside of its HEAR and ADJUDGE cases, should
jurisdiction normally and logically be deemed to include
-Ex: Actions for forcible entry and detainer, grant of authority to ENFORCE or
which fall within the jurisdiction of EXECUTE the judgments it renders, unless
municipal or metropolitan trial courts, such law otherwise provides.
courts can order payment t of rentals even -the authority to decide cases is inutile
though the amount exceeds the jurisdictional (pointless) unless accompanied by authority
amount cognizable (within the jurisdiction) to see that what has been decided is carried
by them.
5. Grant of power includes incidental -Ex: A statute provides, “the President may
power not deport foreigners except upon
investigation” —> implies authority to
What is the rule? deport and includes power to order the arrest
-Where a general power is conferred of the alien after investigation in order to
(granted) or duty enjoined (instructed), carry out the deportation.
every particular power necessary for the -Ex: When a statute grants the President the
exercise of one or the performance of the authority to “regulate, curtail, control and
other is also conferred (granted) prohibit exportation” of scrap materials —>
-the officer in whose favor general power is includes the power to exact royalties for the
granted may exercise such incidental powers permissive exportation of said materials
or perform such acts necessary to make the -Ex: The power of President to appoint —>
power granted effective includes power to make temporary
appointments (unless prohibited by law)
What are Incidental Powers? *This is the theory that the WHOLE
-those which are necessarily included in, and includes and is greater than the part
are therefore of lesser degree than the power -Ex: Minister of Justice appointed a lawyer
granted “to assist a fiscal or prosecuting attorney in
-it CANNOT extend to other matters not the discharge of his duties” —> the attorney
embraced therein and not incidental into appointed has power to sign criminal
-Ex: Power to establish an office —> informations, make investigations, conduct
includes the authority to abolish it prosecutions, such power implied from the
-Ex: Constitutional provision: “no warrant authority conferred (granted)
(authorisation) shall issue, but upon -Ex: The express statutory grant of power to
probable cause, to be determined by the local governments to appropriate money for
judge after examination under oath or the general welfare of their inhabitants —>
affirmation of the complainant and the includes authority to withdraw unspent
witnesses he may produce” —> implies the money already appropriated
grant of power to the judge to conduct -Ex: statutory power to regulate telephone
preliminary investigations service —> includes power to establish and
-Ex: Statute authorises the temporary detail operate a telephone service
for a fixed period of a judge in another -Ex: Statute authorises a city to reclaim part
district other than his own, for the purpose of the sea as an extension of its park, the
of “trying” cases, the power so granted reclaimed area acquires the same character
INCLUDES the making and rendering of a as the park because the power to extend
decision after the period fixed in his detail in cannot authorise a transaction totally distinct
such case —> Why? Because the law does from what is granted
not deprive him of the power to render his -Ex: Power granted upon an administrative
decision after his period officer to issue rules and regulations to carry
-Ex: The power to APPROVE a license out the purposes of a statute —> includes
includes by implication, even if not authority to delegate to a subordinate officer
expressly granted, the power to REVOKE it. the performance of a particular function
By extension, the power to revoke is -Ex: Power granted to head of government t
LIMITED by the authority to grant the institution to direct and supervise its
license, from which it is derived. operation and internal administration -->
includes the power to prefer charges against construed to include the sovereign and the
erring officials of said institution term “employers” not embrace the
government
6. What is implied should not be against
the law 8. Illegality of Act implied from
-the statutory grant of power does NOT prohibition
include such incidental power, which cannot
be exercised without violating the What if a statute prohibits the doing of an
Constitution, the statute granting the power, act?
or other laws on the same subject. -the act done in violation is, by implication,
-Ex: the power to appoint carries with it the null and void
power to suspend or removal of civil service
employees, EXCEPT for cause as provided What is Ex dolo malo non oritur actio?
for by law, precludes such implications, -no man can be allowed to found a claim
unless the appointment is made outside the upon his own wrongdoing or inequity
civil service law.
-Ex: President has power to appoint a public What is Nullus commodum capere potest de
officer for a fixed term, the implication is injuria sua propria?
that the President cannot remove him -No man should be allowed to take
without just cause as provided by law advantage of his own wrong (or in pari
delicto potior est conditio defendentis)
What is Ispo Facto?
-implies a contrary presumption. (Ex: public What does Public Policy require?
officer shall hold office to the end of his -parties to an act, prohibited by statute, be
term, subject to removal for cause) left where they are to make the statute
effective and to accomplish its object
-the power to investigate officials or -Ex: a party to an illegal contract cannot
employees as granted by law to a public come to a court of law and ask that his
officer does NOT include power to delegate illegal object be carried out. The law will not
the authority to take testimony of witnesses aid either party to an illegal agreement, it
and does NOT include power to delegate the leaves the parties where the law finds them.
authority to administer oath -Ex: a citizen who sold his land to an alien,
in violation of the constitutional restriction,
7. Authority to charge against public cannot annul the same and recover the land
funds may not be implied because both seller and buyer are guilty of
Can there be claims against public funds? violating the Consti
-NO CLAIM against PUBLIC FUNDS may
be allowed, unless a statute expressly 9. Exceptions to Rule
authorises What is In Pari Delicto?
-Ex: Statute grants leave privileges in favor -no action rises, in equity or at law, from an
of government employees, the statute may illegal contract
not be construed to entitle elective officials -seller and buyer are at fault
to similar privileges
-Ex: Statute requires employers to pay 13th What does the principle of Pari Delicto
month pay to their employees who receive recognise?
less than P1000 a month —> this may not be -certain exceptions:
 1. It will not apply when its indirectly what it cannot do directly because
enforcement or application will violate an the retirement benefits are exempt from such
avowed fundamental policy or public garnishment.
interest (court may interfere and grant relief
at the suit of one of them, where public 11. There should be no penalty for
policy requires its intervention, even though compliance with law
the result may benefit plaintiff who is in -A person who complies with what a statute
equal guilt with defendant) requires, cannot, by implication, be
2. When the transaction is not illegal penalised thereby.
per se but merely prohibited and the -For “simple logic, fairness, and reason
prohibition by law is designed for protection cannot countenance (express) an elation or a
of one party, the court may grant relief in penalty for an act faithfully done in
favor of such party compliance with the law”

10. What cannot be done directly, cannot

be done indirectly
-What the law prohibits, cannot be legally
accomplished

What is Quando aliquid prohibetur ex

director, prohibetur et per obliquum?
-What, cannot, by law, be done directly
cannot be done indirectly
-Ex: Corporation is forbidden from doing an
act —> the prohibition extends to the board
of directors and to each director separately
and individually.
-Ex: Board of Directors is prohibited from
granting loans to its director, a loan to a
partnership of which the wife of a director is
a partner, falls within the prohibition
-Ex: Statute prohibits the payment of the
principal obligation during a fixed period,
the interest during the restriction is not
demandable
-Ex: Law exempts retirement benefits of a
public officer from attachment/garnishment,
an earlier law which authorises the
government to withhold an amount due such
officer to pay his indebtedness to the
government should not be interpreted to
withhold so much of his retirement benefits
to pay said indebtedness —> Why? The
appropriation would be tantamount (same)
to garnishing the same and enabling the
government, by administrative action, to do