Ruling PP vs MAPA

ISSUE:

W/N a Secret Agent falls among those authorized to possess firearms.

HELD:

No. The court held that the law cannot be any clearer. The law does not contain any exception for
secret agent therefore holding this position would not constitute a sufficient defense to a prosecution
for a crime of illegal possession of firearm and ammunitions. Wherefore the conviction of the accused
must stand. The .Courts ruling overturned that of People v. Macarandang.

Ruling China Bank vs. Ortega

ISSUE:

W/N a banking institution may validly refuse to comply with a court process garnishing the bank
deposit of a judgment debtor, by invoking RA 1405.

HELD:

No. It was not the intention of the lawmakers to place bank deposits beyond the reach of execution to
satisfy a final judgment. The discussion of the conference committee report of the two houses of
Congress indicates that the prohibition against examination of or inquiry into a bank deposit under RA
1405 does not preclude its being garnished to insure satisfaction of a judgment.

Ruling Pagcor vs. Phil Gaming Jurisdiction

Rule of Lenity
Construction of Avoid Surplus age/Rule against Surpulage- a superfluous and useless statement
wholly foreign and impertinent to the statute/cause of action.

1. Each and every part of the statute should be given its due effect and meaning in relation to the rest.

2. It is well-settled that whenever possible, a legal provision must not be so construed as to be a useless
surplusage,and, accordingly, meaningless in the sense of adding nothing to the law or having no effect
whatsoever therein. Nor should a word be so construed as to render other words or phrases
associated with it serve no purpose.

(This means that all efforts should be exerted to give some meaning to every word or phrase used in a
statute. For the legislature, in enacting a law, is presumed to have used the word or phrase for a
purpose. In short, the legislature, in enacting a statute, is supposed no to insert a provision which is
unnecessary and a surplusage.

Pari materia Rule- (WHEN TWO OR MORE STATUTES REFER TO THE SAME SPECIFIC OR PARTICULAR
SUBJECT.IT MAY BE EITHER BE EXPRESSED OR IMPLIED. )

1. Statutes in pari materia should be read and construed together because enactments of the same
legislature on the same subject are supposed to form part of one uniform system; later statutes are
supplementary or complimentary (sic) to the earlier enactments and in the passage of its acts the
legislature is supposed to have in mind the existing legislations on the subject and to have enacted its
new act with reference thereto.

The rule is expressed in the maxim,interpretare et concordare leges legibus est optimus interpretandi
modus, or every statute must be so construed and harmonized with other statutes as to form a uniform
system of jurisprudence.

Enrolled Bill Theory

The bill as passed by Congress,authenticated by the Speaker and Senate President and approved
by the President is known as the enrolled bill. Under the principle of the principle of the enrolled
bill, the text of the act as passed and approved is deemed impoting absolute verity and is
binding on the courts.
It may be noted that the enrolled bill theory is based mainly on "the respect due to coequal
and independent departments," which requires the judicial department "to accept, as having
passed Congress, all bills authenticated in the manner stated." Thus it has also been stated in
other cases that if the attestation is absent and the same is not required for the validity of a
statute, the courts may resort to the journals and other records of Congress for proof of its
due enactment. This was the logical conclusion reached in a number of decisions, 10 although
 they are silent as to whether the journals may still be resorted to if the attestation of the
presiding officers is present.

Stare Decisis Rule

 It is the doctrine that, when the 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.
 Follow the past precedents and do not disturb what has been settled. Matters already decided
on the merits cannot be relitigated again.
 Stare decisis et non quieta movere ( FOLLOW THE PAST PRECEDENTS AND DO NOT DISTURB
WHAT HAS BEEN SETTLED-

Void of Vagauness Rule-

-1. Due Process requires that the terms of a penal statute must be sufficiently explicit to inform those
who are subject to it what conduct on their part will render them liable to its penalties.

2. The Doctrine that a penal; statute is unconstitutional if it does not reasonably a person on notice as
to what the person may not do, or what the person is required to do. As a rule a statue maybe said to
be vague when it lacks comprehensible standards that “men of common intelligence must necessarily
guess at its meaning and differ as to its application” It is repugnant to the constitution in two aspects:
(a) it violates due process for failure to accord persons, especially the parties targeted by it, fair notice
of the conduct to avoid and (b) it leaves law enforcers unbridled discretion in carrying out its
provisions and become an arbitrary flexing of the government muscle.

3. However an act will be declared void and inoperative on the ground of vagueness and uncertainty,
only upon a showing that the defect is such that the courts are unable to determine, within any
reasonable degree of certainty, what the legislature intended

Example: An ordinance of the City of Cincinnati that made it illegal for : “three or more persons to
assemble on any sidewalk and there conduct themselves in a manner annoying to persons passing by”

Journal Entry Rule

Requirements and Requisites of a valid ordinance

Ordinances (test of validity are):

 It must not contravene the Constitution or any statute

 It must not be unfair or oppressive o It must not be partial or discriminatory o It must not
prohibit but may regulate trade
 It must be general and consistent with public policy o It must not be unreasonable

Teotico vs. City of Manila

Legislative Process
- PASSAGE OF BILL:
• Proposed legislative measure introduced by a member of Congress for enactment into law
• Shall embrace only one subject which shall be expressed in the title
• Signed by authors
• File with the Secretary of the House
• Bills may originate from either lower or upper House
• Exclusive to lower house
 Appropriation o Revenue/Tariff Bills
 Bills authorizing increase of public debt
 Bills of local application
 Private bills

• After 3 readings, approval of either house

• Secretary reports the bill for first reading
• First reading – reading the number and title, referral to the appropriate committee for study and
recommendation
o Committee – hold public hearings and submits report and recommendation for calendar for second
reading
• Second reading – bill is read in full (with amendments proposed by the committee) – unless copies
are disturbed and such reading is dispensed with motions and amendments o Bill will be voted on o A
bill approved shall be included in the calendar of bills for 3rd reading

• Third reading – bill approved on 2nd reading will be submitted for final vote by yeas and nays

• Bill approved on the 3rd reading will be transmitted to the “Other House” for concurrence (same
process as the first passage) If the “Other House” approves without amendment it is passed to the
President o If the “Other House” introduces amendments, and disagreement arises, differences will be
settled by the Conference Committees of both houses o Report and recommendation of the 2
Conference Committees will have to be approved by both houses in order to be considered pass

Passage of a Bill into a Law (Congress) in either of these ways:

1. When the President signs it;

2. When the President does not sign it nor communicate his veto to the bill within 30 days after his
receipt thereof;
3. When the vetoed bill is repassed by Congress by 2/3 vote of all its Members, each House voting
separately.

Yaokasin vs. Com on Costums

Astorga vs. Villegas-

W/N House Bill No. 9266 is considered enacted and valid.

HELD:

Since both the Senate President and the Chief Executive withdrew their signatures therein, the court
declared that the bill was not duly enacted and therefore did not become a law. The Constitution
requires that each House shall keep a journal. An importance of having a journal is that in the absence
of attestation or evidence of the bill’s due enactment, the court may resort to the journals of the
Congress to verify such. “Where the journal discloses that substantial amendment were introduced
and approved and were not incorporated in the printed text sent to the President for signature, the
court can declare that the bill has not been duly enacted and did not become a law.”

Bills originating from the house- Bills may originate from either the lower house or upper house
EXCLUSIVE TO LOWER HOUSE
- Appropriation
- Revenue/tariff bills
- Bills authorizing increase of public debt
- Bills of local application
- Private bills.

Single subject Req.-

- Mandatory law – Every bill passed by Congress shall embrace only one subject which shall be
expressed in the title thereof (Art. 6, Sec 26(1) 1987 Constitution)
Principal purpose: to appraise the legislators of the object, nature, and scope of the provision
of the bill and to prevent the enactment into law of matters which have not received the notice,
action and study of the legislators.
- To prohibit duplicity in legislation
Casua omissus rule- a person,object or thing omitted from an enumareration must be held to have
been omitted intentionally. The maxim operates only if and when the omission has been clearly
established and in such case what is omitted ( As a general rule the cannot supply ommissions even
though the omission mya hve resulted from inadvertence or because the case n question was not
foreseen or contemplated EXCEPT when legislative intent is clear and supplying the omission will not
do violence to its language.

Verba Legis- plain meaning rule; the presumption that the words employed by the legislature in a
statute correctly express its intention or will, precluding any construction

Noscitur a socilis- where a particular word or phrase is ambiguous in itself or equally susceptible of
various meanings, its correct construction may be made clear and specific considering the company
of words in which it is found or with which it is associated.

To remove doubt or fear to the meaning of associated or companion words.