2n %u" %u"y y )+( )*+ )*+-( -( Mi" Mi"agro agross Matu Matugui guina na and #et #etitio itioner ner MI=;I eBecuted a Deed o Transer - transerring a"" o the or$er>s rights( interests( ownershi# and #artici#ation in ;rovincia" Ti$ber 0icense No. ,/ to the "atter or and in consideration o )'(/// shares o stocs in MI=;I. A co#y o said deed was sub$itted to the Director o Forest Deve"o#$ent and #etitioner MI=;I had since been acting as ho"der and "icensee o ;T0 No. ,/. 2n %u" %u"y y &'( )*+-( )*+-( #en #endin ding g a## a##rov rova" a" o the reuest reuest to transer trans er the ;T0 to MI=;I MI=;I(( DA DA51NC26 51NC26(( thro through ugh its Assistant Assis tant Genera" Manag Manager( er( co$#"ained co$#"ained to the Distri District ct Fore resste terr at Mat ati( i( Da Dav vao 2r 2rie ient nta" a" th that at Mi Mi"a "ag gro ross MatuguinaM01 had encroached into and was conducting "ogging o#erations in DA51NC26>s DA51NC26>s ti$ber concession.
MATAGUINA v. CA FACTS: was issued Provisional Timber License (PTL) No. 30 – was by the Acting Directo torr o the !ureau o Forest Deve"o#$ent on %une &'( )*+,( covering an area o -(// hectares hectar es to Ms. Mi"agros Matuguina Matuguina who was then doing business under the na$e o M01( a so"e #ro#rietorshi# venture. A #ortion( covering )(*// hectares( o the said area was "ocated within the territoria" boundary o Gov. Gene Ge nero roso so in Ma Mati ti(( Dav Davao ao 2ri 2rien enta" ta"(( an and d ad ad3o 3oin ined ed th thee ti$ber ti$ ber con conces cessio sion n o Dav Davao ao 1nt 1nter#r er#rise isess Cor Cor#o #orati ration on 4DA51NC267( 4DA 51NC267( the #rivate res#ondent in this case.
Matuguina Integrated Wood Products, Inc. (MIWPI) ( 8 was incor#orated( having an authori9ed ca#ita" stoc o Ten Mi""ion ;esos 4;)/(///(///.//7 on %u"y )/( )*+. Milagros Matuguina < beca$e the $a3ority stocho"der o MI=;I on Se#te$ber &( )*+( when the "atter>s !oard o Di Dire recto ctors rs a# a##r #rov oved ed by 6e 6eso so"u "utio tion n th thee tr tran ans ser er o )(///(/// shares ro$ ?enry ?enr y =ee =ee to Mi"agros Matuguina( thus giving her seventy #ercent 4+/@7 stoc ownershi# o MI=;I. Ms. Ma Ms. Mata tag gui uina na re eu ues este ted d th thee Di Dirrec ecto torr o Fo Fore resst Deve"o#$ent 4!FD7 or a change o na$e and transer o $anage$ent o ;T0 No. ,/( ro$ a sing"e #ro#rietorshi# under her na$e( to that o MI=;I. This re This reues uestt was av avora orab"y b"y end endors orsed ed on Dece Dece$be $berr &( )*+ )*+ , by the !FD>s !FD>s Act Acting ing Directo Directorr( %ose 5iad 5iado o to res#ondent Secretary o Natura" 6esources( who a##roved the sa$e on Se#te$ber -( )*+-.
Ater inv Ater invest estiga igatio tion n o DA DA51NC 51NC26> 26>ss co$ co$#"ai #"aint( nt( the Inves esttigating Co$$ittee which "ooed into DA51NC DA 51NC26> 26>ss co$ co$#"a #"aint int sub sub$it $itted ted its re# re#ort ort to the Dire Di recto ctorr( i ind ndin ing g th that at M0 M01 1 had en encro croach ached ed on th thee concession area o DA51NC26. In "ine with this( the Director o Forest Deve"o#$ent issued an 2rder on %u"y )-( )*')( inding and dec"aring M01 to have encroached u#on( and conducted i""ega" "ogging o#erationswithin the "icensed or concession area o DA51NC26 DA51NC26 2n 2ctober )( )*'( The Minister o Natura" 6esources( ?on. ?o n. 1r 1rne nest sto o M. Ma Mace ceda da re rend nder ered ed hi hiss De Deci cisi sio on( ' air$ing the aoresaid order o the Director o Forest Deve"o#$ent(
irector o! "orest evelo#ment 8 inding and dec"aring M01 to hav havee enc encroa roache ched d u#o u#on( n( and con conduc ducted ted i""e i""ega" ga" "ogging o#erations within the "icense or concession are o DA5 DA 5A2 1NT16;6I 1NT16;6IS1S S1S C26;26ATI2N. ISSU1: =2N a transeree o a orest concession is "iab"e orr ob o ob"ig "igat atio ions ns ar aris isin ing g r ro$ o$ th thee tr tran ans ser eror or>s >s i" i""e "ega ga"" encr en cro oac ach$ h$en entt in into to an anot othe herr o ore rest st co conc nces essi sion onai aire re co$$itted beore the transer transer.. ?10D: No( the transer eree ee is no nott "iab"e or the i""eg ega" a" encroach$ent caused by the traneror. Sec. ) 4&7 o ;.D +/-( which #rovides that Ethe transeree sha"" assu$e a"" the ob"igations o the transeror transeror( ( reer to those th ose ob"igations incurr inc urred ed in the ord ordina inary ry cou course rse o bus busine iness( ss( not tho those se incurred as a resu"t o transgressions o the "aw( as these are #erso #ersona" na" ob"ig ob"igations ations o the tran traneror eror.. In const construing ruing statues( the ter$s used are genera""y to be given ordinary $eaning or co$$on usage( to the end that absurdity in the "aw $ust be avoided.
$. Words %it& commercial or trade meaning G6: Trade ter$s are #resu$ed to have used in their trade sense. ;N: Shou"d be given such trade or co$$ercia" $eaning as has been genera""y understood a$ong $erchants or in their trade sense. SMC v. MUN. C2UNCI0 2F MANDAU1 FACTS:
'rdinance No. 3, series o! *++, as amended b 'rdinance No. -, series o! *+, o! t&e Munici#alit o! Mandaue, /ebu – i$#osing Ha graduated uarter"y iBed taB based on the gross va"ue o $oney or actua" $aret va"ue at the ti$e o re$ova" o the $anuactured artic"es ro$ their actories or other $anuacturing or #rocessing estab"ish$ents.H In enacting the said ordinances( the $unici#a" counci" o Mandaue invoed as basis o its authority 6e#ub"ic Act No. && 40oca" Autono$y Act7. The re"evant #ortion o Section )( 2rdinance No. &, 4)*7( as a$ended by 2rdinance No. &- 4)*+7( #rovides as o""ows: HS1CTI2N ).Munici#a" 0icense TaB 2n ;ro#rietors 2r 2#erators 2 . . . !reweries( . . . ;ro#rietors or o#erators o . . . breweries( . . . within the territoria" "i$its o this $unici#a"ity sha"" #ay a graduated uarter"y iBed taB based on the gross va"ue in $oney or actua" $aret va"ue at the ti$e o re$ova"( o the $anuactured artic"es ro$ their actories . . . The basic 2rdinance was No. ''( which too eect on Se#te$ber &-( )*&( but this was a$ended by 2rdinance No. &, 4%anuary )( )*+7( and by 2rdinance No. &4%anuary )( )*'7.
an Miguel /or#oration 8 a do$estic cor#oration engaged in the business o $anuacturing beer and other #roducts with a subsidiary $anuacturing #"ant in Mandaue( Cebu( since Dece$ber( )*+( #aid the taBes #rescribed in the aoresaid ordinance. They c"ai$ing that it is adverse"y aected by the ordinance( which in its view was beyond the #ower and authority o the $unici#a"ity to enact( #etitioner brought and action in the Court o First Instance o Cebu( !ranch 5I( or the annu"$ent o said ordinance. Petitioner contends that 4)7 the #hrase Hgross va"ue in $oney or actua" $aret va"ueH e$#"oyed in the uestioned ordinance c"ear"y reerred to Hsa"es or $aret #riceH o the artic"es or co$$odities $anuactured thereby indicating a $aniest intent to i$#ose a taB based
on sa"es( and 4&7 that to i$#ose a taB u#on the #rivi"ege o $anuacturing beer( when the a$ount o the taB is $easured by the gross recei#ts ro$ its sa"es o beer( is the sa$e as i$#osing a taB u#on the #roduct itse".
1es#ondents insist that the taB i$#osed in the uestioned ordinance 4)7 is not a #ercentage taB or a taB on the sa"es o beer but is a taB on the #rivi"ege to engage in the business o $anuacturing beer( and the #hrase Hactua" $aret va"ueH was $ere"y e$#"oyed as a basis or the c"assiication and graduation o the taB sought to be i$#osed 4&7 that it is not a s#eciic taB because it is not a taB on the beer itse"( but on the #rivi"ege o $anuacturing beer and 4,7 that with the conversion o Mandaue into a city on %une &)( )**( the a##ea" has beco$e $oot( because the #rohibition against the i$#osition o any #rivi"ege taB on sa"es or other taBes in any or$ based thereon( is a##"icab"e on"y to $unici#a"ities. ISSU1: =hether or not 2rdinance No. ''( as a$ended vio"ated Sec. & o 6.A. && ?10D: Jes. 2rdinance No. '' i$#osed taB based on sa"es and thereore issued in vio"ation o Sec. & o 6.A. &&( which #rovides Ethat $unici#a"ities and $unici#a" districts sha""( in no case( i$#ose any #ercentage taB on sa"es or other taBes in any or$ based thereon( etc. The #hrase Egross va"ue in $oney( as deined in trade or co$$erce( $eans Egross se""ing #rice or the tota" a$ount o $oney or its euiva"ent which the #urchaser #ays to the vendor to receive goods( and it shou"d be taen in this sense when used in the statute. It is a sett"ed ru"e that in the absence o "egis"ative intent to the contrary( trade or co$$ercia" ter$s( when used in a statute( are #resu$ed to have been used in their trade or co$$ercia" sense.
-. W&ere t&e la% does not distinguis&, courts s&ould not distinguis& G6: Genera" words and #hrases in a statute shou"d ordinari"y be accorded their natura" and genera" signiicance ;N: There shou"d be no distinction in the a##"ication o a "aw where none is indicated. GU166162 v. C2M101C FACTS:
2uillermo 1ui < i"ed a #etition to disua"iy res#ondent 6odo"o C. FariKas as a candidate or the e"ective oice o Congress$an in the irst district o I"ocos Norte during the May ))( )**' e"ections. It a"so assai"s the 6eso"ution dated May )( )**'( o the C2M101C 1n !anc( denying the $otion or reconsideration i"ed by res#ondent 6ui9 and dis$issing the #etition8in8intervention i"ed by herein
#etitioner Arno"d 5. Guerrero. 6ui9 sought to #er#etua""y disua"iy res#ondent FariKas as a candidate or the #osition o Congress$an. ) 6ui9 a""eged that FariKas had been ca$#aigning as a candidate or Congress$an in the May ))( )**' #o""s( des#ite his ai"ure to i"e a Certiicate o Candidacy or said oice. 6ui9 averred that FariKas> ai"ure to i"e said Certiicate vio"ated Section +, o the 2$nibus 1"ection Code & in re"ation to C2M101C 6eso"ution No. &-++( dated %anuary )-( )**'. 6ui9 ased the C2M101C to dec"are FariKas as a Hnuisance candidateH #ursuant to Section * o the 2$nibus 1"ection Code , and to disua"iy hi$ ro$ running in the May ))( )**' e"ections( as we"" as in a"" uture #o""s. 2n May '( )**'( FariKas i"ed his Certiicate o Candidacy with the C2M101C( substituting candidate Chevy""e 5. FariKas who withdrew on A#ri" ,( )**'.
/'M4L4/ < dis$issed the #etition and stated HLThere is none 4sic7 in the records to consider res#ondent an oicia" candidate to s#ea o without the i"ing o said certiicate. ?ence( there is no certiicate o candidacy to be cance""ed( conseuent"y( no candidate to be disua"iied.H 2n May ))( )**'( the e"ections #ushed through as schedu"ed. 1odol!o /. "ari5as was e"ected Congress$an in the May ))( )**' e"ections. 2n May )( )**'( 6ui9 i"ed a $otion or reconsideration( contending that FariKas cou"d not va"id"y substitute or Chevy""e 5. FariKas( since the "atter was not the oicia" candidate o the 0aas ng Maabayan Masang ;i"i#ino 40AMM;7( but was an inde#endent candidate. Another #erson cannot substitute or an inde#endent candidate. Thus( FariKas> certiicate o candidacy c"ai$ing to be the oicia" candidate o 0AMM; in "ieu o Chevy""e 5. FariKas was ata""y deective( according to 6ui9. FariKas too his oath o oice as $e$ber o the ?ouse o 6e#resentatives on %une ,( )**'.
6rnold 2uerrero 8 i"ed his H;etition8In8InterventionH in C2M101C. ;etitioner averred that he was the oicia" candidate o the 0ibera" ;arty 40;7 in said e"ections or Congress$an. Guerrero contended that FariKas( having ai"ed to i"e his Certiicate o Candidacy on or beore the "ast day thereor( being $idnight o March &+( )**'( FariKas i""ega""y resorted to the re$edy o substitution #rovided or under Section ++ o the 2$nibus 1"ection Code and thus( FariKas> disua"iication was in order. Guerrero then ased that the #osition o 6e#resentative o the irst district o I"ocos Norte be dec"ared vacant and s#ecia" e"ections ca""ed or( but disa""owing the candidacy o FariKas.
And when the C2M101C ru"ed that the deter$ination o the va"idity o the Certiicate o Candidacy o FariKas is a"ready within the eBc"usive 3urisdiction o the ?ouse o 6e#resentatives 1"ectora" Tribuna" 4?61T7( this #etition under 6u"e - o the 6u"es o Court was i"ed. =hi"e the C2M101C is vested with #ower to dec"are va"id or inva"id a Certiicate o Candidacy( its reusa" to eBercise that #ower o""owing the #roc"a$ation and assu$#tion o the #osition by FariKas is a recognition o the 3urisdictiona" boundaries se#arating the C2M101C and the 1"ectora" Tribuna" o the ?ouse o 6e#resentatives. Under Art. 5I( Sec. )+ o the Constitution( the ?61T has so"e and eBc"usive 3urisdiction over a"" contests re"ative to the e"ection( returns( and ua"iications o $e$bers o the ?ouse o 6e#resentatives. ISSU1: Shou"d the va"idity o i"ing the Certiicate o Candidacy under the 2$nibus 1"ection Code be considered as a ua"iication within the 3urisdiction o the ?61T ?10D: Jes. The "egiti$acy o the candidacy o a #roc"ai$ed winning candidate who has taen his oath o oice and assu$ed his #ost as Congress$an is best addressed to the ?61T that has the so"e and eBc"usive 3urisdiction over a"" contests re"ative to the e"ection( returns( and ua"iications o $e$bers o the ?ouse o 6e#resentatives. The ter$ Eua"iication cannot be read as ua"iied by the ter$ Econstitution. As a ru"e( where the "aw does not distinguish( the courts shou"d not distinguish. In $aing no ua"iication in the use o the genera" word( the "aw$aers $ust have intended no distinction at a"". The courts cou"d on"y distinguish where the acts and circu$stances show that the "aw$aer intended a distinction or ua"iication.
+. is7unctive and con7unctive %ords G6: E26 signiies disassociation and inde#endence o one thing ro$ each o the other things in the enu$eration ;N: Use o Eor $ay so$eti$es $ean Eand de#ending on the warrant o the s#irit or conteBt o the "aw. ;12;01 v. MA6TIN FACTS:
Ma8imo Martin, /andido Martin and 1odol!o 9igas&i 8 were accused o vio"ation o Sec. o Co$$onwea"th Act No. ), otherwise nown as ;hi"i##ine I$$igration Act o )*/( as a$ended by 6e#ub"ic Act No. '&+. They are cons#iring and conederating together and $utua""y he"#ing one another and in active aid with
Fi"i#ino nationa"s to un"awu""y and e"onious"y bring in and carry into the ;hi"i##ines thirty nine 4,*7 Chinese a"iens who trave"ed by the Chinese vesse" >Chunging> ro$ the #ort o ?ongong and who are not du"y ad$itted by any i$$igration oicer or not "awu""y entit"ed to enter the ;hi"i##ines( and ro$ the Chinese vesse" >Chunging(> accused too de"ivery( "oaded( and erried the Chinese a"iens in the vesse" >MA6U I> owned( o#erated( under the charge and #i"oted by the$ ro$ outside into the ;hi"i##ines( surre#titious"y "anding the said a"iens at !arrio Da$ortis( Sto. To$as( 0a Union( ;hi"i##ines( which #"ace o "anding is not a du"y authori9ed #ort o entry in the ;hi"i##ines.
%u"y )( )**'.
Petitioners 8 i"ed a H$otion to dis$issH Luash on the ground that the CFI o 0a Union has no 3urisdiction over the oense charged in the said indict$ent as the court had been #re8e$#ted ro$ taing cogni9ance o the case by the #endency in the CFI o !u"acan o cri$ina" case &-'8 M. This $otion was o##osed by the #rosecution.
2##ositions to the #etition were i"ed by #etitioner %ovito 2. C"audio( 6ev. 6ona"d 0angub( and 6oberto 0. Ange"es( a""eging #rocedura" and substantive deects in the #etition( to wit: 4)7 the signatures aiBed to the reso"ution were actua""y $eant to show attendance at the ;6A $eeting 4&7 $ost o the signatories were on"y re#resentatives o the #arties concerned who were sent there $ere"y to observe the #roceedings 4,7 the convening o the ;6A too #"ace within the one8year #rohibited #eriod 47 the e"ection case( & i"ed by =ences"ao Trinidad in this Court( seeing the annu"$ent o the #roc"a$ation o #etitioner C"audio as $ayor o ;asay City( shou"d irst be decided beore reca"" #roceedings against #etitioner cou"d be i"ed and 4-7 the reca"" reso"ution ai"ed to obtain the $a3ority o a"" the $e$bers o the ;6A( considering that )/ were actua""y doub"e entries( ) were not du"y accredited $e$bers o the barangays( / sangguniang abataan oicia"s had withdrawn their su##ort( and / barangay chairs eBecuted aidavits o retraction.
ISSU1: Shou"d cri$ina" case A8,*& be dis$issed or "ac o 3urisdiction under Sec. o C.A. ), ?10D: No. The court a uo erred in reusing to tae cogni9ance o cri$ina" case A8,*&. The word Eor in Sec. / o C.A. ),( as a$ended( which #unishes Eany individua" who sha"" bring into or "and in the ;hi"i##ines or concea"s or harbors any a"ien not du"y ad$itted by any i$$igration oicer or not "awu""y entit"ed to enter or reside within the ;hi"i##ines does not 3ustiy giving the word a non8 dis3unctive $eaning( the words Ebring into( E"and( Econcea"s( and Eharbors being our se#arate acts each #ossessing its distinctive( dierent and dis#arate $eaning. The accused in cri$ina" case A8,*& are charged on"y with bringing in and "anding on ;hi"i##ine soi" the ,* a"iens( whi"e the accused in cri$ina" case &-'8M are charged on"y with concea"ing and harboring the said a"iens. It is absurd to draw a conc"usion o cons#iracy a$ong the accused in both cri$ina" cases.
. Word and #&rase in relation to ot&er #rovisions G6: A word( #hrase or #rovision shou"d not be construed in iso"ation but $ust be inter#reted in re"ation to other #rovisions o the "aw. ;N: The word or #rovision shou"d not be given a $eaning that wi"" restrict or deeat( but shou"d instead be construed to eectuate( what has been intended in an enacting "aw. C0AUDI2 v. C2M101C FACTS:
:ovito '. /laudio 8 was the du"y e"ected $ayor o ;asay City in the May ))( )**' e"ections. ?e assu$ed oice on
So$eti$e during the second wee o May )***( the chairs o severa" barangays in ;asay City gathered to discuss the #ossibi"ity o i"ing a #etition or reca"" against Mayor C"audio or "oss o conidence. 2n May &*( )***( )(/+, $e$bers o the ;6A co$#osed o barangay chairs( agawads( and sangguniang abataan chairs o ;asay City( ado#ted 6eso"ution No. /)( S8)***( entit"ed 61S20UTI2N T2 INITIAT1 T?1 61CA00 2F %25IT2 2. C0AUDI2 AS MAJ26 2F ;ASAJ CITJ F26 02SS 2F C2NFID1NC1.
C2M101C8 granted the #etition or reca"" and dis$issed the o##ositions against it. The C2M101C ru"ed that the #etition or reca"" did not vio"ated the bar on reca"" within one year ro$ the e"ective oicia">s assu$#tion o oice( and that reca"" is a #rocess which starts with the i"ing o the #etition or reca"". Since the #etition was i"ed on %u"y &( )***( eBact"y one year and a day ater #etitioner C"audio>s assu$#tion o oice( it was he"d that the #etition was i"ed on ti$e. ISSU1: =hether the one8year #rohibited #eriod in Sec. + o the 0oca" Govern$ent Code e$braces the entire reca"" #roceedings ?10D: No. The "i$ited #eriod or reca"" reers on"y to the reca"" e"ection( eBc"uding #roceedings #rior thereto. The word Ereca"" in Sec. + was construed in re"ation to Sec. * o the Code to the eect that Ethe #ower o reca""O sha"" be eBercised by the registered voters o a "oca" govern$ent unit to which the "oca" e"ective oicia" be"ongs. Since the #ower vested on the e"ectorate is not the #ower to initiate reca"" #roceedings but the #ower to e"ect an oicia" into oice( the "i$itation in Sec. + $ust not a##"y to the
entire reca"" #roceedings.
;. Meaning o! term dictated b conte8t G6: The conteBt $ay give broad sense a word or it $ay "i$it the $eaning. ;N: 4)7 The conteBt in which the word is used otenti$es deter$ines it $eaning. 4&7 A word is to be understood in the conteBt in which iit is used. ;?I0. 6A!!IT !US 0IN1S( INC. v. ;?I0. AM16ICAN F26=A6D16S( INC. As a resu"t o a vehicu"ar accident( co$#"aint or da$ages based on cu"#a8auitiana was i"ed against the ;hi"8 A$erican Forwarders( Inc.( Fernando ;ineda( and !a"ingit as $anager o the co$#any. The tria" court dis$issed the co$#"aint against !a"ingit on the ground that he is not the $anager o an estab"ish$ent conte$#"ated in Artic"e &)'/ o the Civi" Code $aing owners and $anagers o an estab"ish$ent res#onsib"e or da$ages caused by their e$#"oyees( since !a"ingit hi$se" $ay be regarded as an e$#"oyee o the ;hi"8A$erican Forwarders( Inc. 2n a##ea"( #"aintis urged that the vei" o cor#orate iction shou"d be #ierced( the ;hi"8A$erican Forwarders Inc. being $ere"y a business conduit o !a"ingit( since he and his wie are the contro""ing stocho"ders. The Su#re$e Court he"d that this issue cannot be entertained on a##ea"( because it was not raised in the "ower court. FACTS:
"ernando Pineda 8 drove rec"ess"y a reight truc( owned by ;hi"8A$erican Forwarders( Inc.( a"ong the nationa" highway at Sto. To$as( ;a$#anga. The truc bu$#ed the bus driven by ;anga"angan( which was owned by ;hi"i##ine 6abbit !us 0ines( Inc. As a resu"t o the bu$#ing( ;anga"angan suered in3uries and the bus was da$aged and cou"d not be used or seventy8nine days( thus de#riving the co$#any o earnings a$ounting to ;'(-.-). 6rc&imedes
s e$#"oyer. !a"ingit $oved that the co$#"aint against hi$ be dis$issed on the ground that the bus co$#any and the bus driver had no cause o action against hi$. As a"ready stated( the "ower court dis$issed the action as to !a"ingit. The bus co$#any and its driver a##ea"ed. HA6T. &)'/. The ob"igation i$#osed by artic"e &)+ is de$andab"e not on"y or one>s own acts or o$issions( but a"so or those o #ersons or who$ one is res#onsib"e.
BBB BBB BBB HThe owners and $anagers o an estab"ish$ent or enter#rise are "iewise res#onsib"e or da$ages caused by their e$#"oyees in the service o the branches in which the "atter are e$#"oyed or on the occasion o their unctions. H1$#"oyers sha"" be "iab"e or the da$ages caused by their e$#"oyees and househo"d he"#ers acting within the sco#e o their assigned tass( even though the or$er are not engaged in any business or industry. BBB BBB BBB HThe res#onsibi"ity treated o in this artic"e sha"" cease when the #ersons herein $entioned #rove that they observed a"" the di"igence o a good ather o a a$i"y to #revent da$age. 4)*/,a7H ISSU1: =hether or not !a"ingit is covered under Artic"e &)'/( and thereore "iab"e or cu"#a aui"iana ?10D: No. The ter$s Ee$#"oyers and Eowners and $anagers o an estab"ish$ent or enter#rise under Artic"e &)'/ do not inc"ude $anager o a cor#oration. It $ay be gathered ro$ the conteBt o the said #rovision that the ter$ E$anager is used in the sense o Ee$#"oyer. The conteBt $ay a"so "i$it the $eaning o what otherwise is a word o broad signiication. ?ence( under the a""egations o the co$#"aint( !a"ingit is not "iab"e or torts or uasi8de"ict as $anager( in connection with the vehicu"ar accident because he hi$se" $ay be regarded as an e$#"oyee or de#endent o his e$#"oyer( ;hi"8A$ Forwarders.
*. 2eneral %ords construed generall G6: =ords o genera" signiicance is to be taen in its ordinary sense. A genera" state$ent is understood in a genera" sense. ;N: =here a word used in a statue has both a restricted and a genera" $eaning( the genera" $ust #revai" un"ess the nature o the sub3ect $uster indicates that the "i$ited sense is intended. GATC?A0IAN v. C2M101C FACTS:
4smeraldo M. 2atc&alian 8 a""eges that he is a candidate or de"egate to the Constitutiona" Convention or the irst district o 6i9a"( having i"ed his certiicate o candidacy with the Co$$ission on 1"ections on Se#te$ber '( )*+/. /omelec 1esolution No. 11=0 < was #ro$u"gated by Co$$ission on 1"ections #ursuant to the reuest o the advertising ir$s and associations o the ;hi"i##ines( ho"ding that Hdonations o bi""boards to the Co$$ission by oreigners or co$#anies or cor#orations owned and
contro""ed #artia""y or who""y by oreigners are not covered by the #rovision o Sec. - o the 6evised 1"ection Code.H
statute( which has a technica" or we""8nown "ega" $eaning is used in that sense by the "egis"ature. 6U6A v. 02;1NA
1esolution No. 11=3 < was #ro$u"gated by the Co$$ission on 1"ection #ursuant to the reuest o the Advertising Counci" o the ;hi"i##ines( to the eect that the ban in Sec. o the 6evised 1"ection Code( as a$ended( does not cover the #ro3ected ca $#aign or unds and other contributions by the Advertising Counci" o the ;hi"i##ines and others si$i"ar"y situated( during the )&/ days i$$ediate"y #receding a regu"ar or s#ecia" e"ection and Hthat in "ine with the ru"ing in its reso"ution nu$bered 668+/+( donations and contributions or the above ca$#aign $ay be received ro$ oreigners( co$#anies or cor#orations owned andor contro""ed who""y or #artia""y by oreigners. Petitioner 8 i"ed a #etition with the Co$$ission on 1"ections i$#ugning the va"idity o said 6eso"utions Nos. 668+/+ and +,) as vio"ative o Sec. - o the 6evised 1"ection Code. /ommission on 4lections = denied the #etitioner>s #etition on the ground Hthat contributions by oreigners to the Co$e"ec !i""boards Co$$ittee or the #ur#ose o inancing costs o Co$e"ec bi""boards are not $ade in aid or su##ort o any #articu"ar candidate in a #articu"ar district and that the a""ocation o s#ace or its candidate is a""owed by "ottery( nor wou"d it in any way in"uence the resu"t o the e"ection( . . .H ISSU1: Does the ter$ Eoreigner inc"ude both natura" and 3uridica" #ersons( with or without "ega" #ersona"ity ?10D: Jes. The word E#erson co$#rehends #rivate 3uridica" cor#oration( un"ess it a##ears that it is used in a $ore "i$ited sense and the word E#erson under a #ena" statute which is intended to inhibit an act( $ust be Ea #erson in "aw( that is( an artiicia" as we"" as a natura" #erson. There is nothing in the 6evised 1"ection Code or in Sec. - itse"( indicating that the ter$ HoreignerH is "i$ited on"y to natura" #ersons. Neither is there any #rovision in the said Code eB#ress"y or i$#"ied"y suggesting that the circu$stances o an artiicia" #erson in "aw are not identica" to those o natura" #ersons covered by the #rohibition. 2n the contrary( there is greater reason to be"ieve that the "aw8$aer eared $ore the assistance and in"uence o artiicia" #ersons in the e"ections than the aid o natura" #ersons. ?ence( the "aw uti"i9es the $ore generic ter$ Eoreigner.
0. Words %it& tec&nical or legal meaning G6: Technica" and "ega" $eaning o word shou"d be ado#ted. ;N: The #resu$#tion is that the "anguage used in a
This case invo"ves the a##"ication o the ;robation 0aw 4;.D. No. *'( as a$ended7( $ore s#eciica""y Section * thereo which disua"iies ro$ #robation th ose #ersons: H4c7 who have #revious"y been convicted by ina" 3udg$ent o an oense #unished by i$#rison$ent o not "ess than one $onth and one day andor a ine o not "ess than Two ?undred ;esos.H FACTS:
Teodulo 1ura = 4;etitioner7 was accused( tried and convicted o ive 4-7 counts o estaa co$$itted on dierent dates in the Munici#a" Circuit Tria" Court o Tubigon8C"arin( Tubigon( !oho". The ive cases were 3oint"y tried and a sing"e decision was rendered on August )'( )*',. 6ura was sentenced to a tota" #rison ter$ o seventeen 4)+7 $onths and twenty8 ive 4&-7 days. In each cri$ina" case the sentence was three 4,7 $onths and iteen 4)-7 days.
1egional Trial /ourt o!
. Identical %ords in statute G6: A word or #hrase re#eated"y used in a statute wi"" bear the the sa$e $eaning throughout the statute. ;N: A word or #hrase is one #art o a statute is to receive the sa$e inter#retation when used in every other #art( un"es it c"ear"y a##ears ro$ the conteBt or otherwise
that a dierent $eaning is intended. 02PADA v. C2M101C This is a #etition or $anda$us i"ed by %ose Mari 1u"a"io C. 0o9ada and 6o$eo !. Igot as a re#resentative suit orQ and in beha" o those who wish to #artici#ate in the e"ection irres#ective o #arty ai"iation( to co$#e" the res#ondent C2M101C to ca"" a s#ecia" e"ection to i"" u# eBisting vacancies nu$bering twe"ve 4)&7 in the Interi$ !atasan ;a$bansa. The #etition is based on Section -4&7( Artic"e 5III o the )*+, Constitution which reads: H4&7 In case a vacancy arises in the !atasang ;a$bansa eighteen $onths or $ore beore a regu"ar e"ection( the Co$$ission on 1"ection sha"" ca"" a s#ecia" e"ection to be he"d within siBty 4/7 days ater the vacancy occurs to e"ect the Me$ber to serve the uneB#ired ter$.H FACTS:
:ose Mari 4ulalio /. Loada 8 c"ai$s that he is a taB#ayer and a bonaide e"ector o Cebu City and a transient voter o Rue9on City( Metro Mani"a( who desires to run or the #osition in the !atasan ;a$bansa. 1omeo <. Igot = a""eges that( as a taB #ayer( he has standing to #etition by $anda$us the ca""ing o a s#ecia" e"ection as $andated by the )*+, Constitution. As reason or their #etition( #etitioners a""ege that they are H. . . dee#"y concerned about their duties as citi9ens and desirous to u#ho"d the constitutiona" $andate and ru"e o "aw . . .H that they have i"ed the instant #etition Hon their own and in beha" o a"" other Fi"i#inos since the sub3ect $atters are o #roound and genera" interest.H /'M4L4/ 8 o##oses the #etition a""eging( substantia""y( that )7 #etitioners "ac standing to i"e the instant #etition or they are not the #ro#er #arties to institute the action &7 this Court has no 3urisdiction to entertain this #etition and ,7 Section -4&7( Artic"e 5III o the )*+, Constitution does not a##"y to the Interi$ !atasan ;a$bansa. And that the #etition $ust be dis$issed. ISSU1: =2N Sec. -4&7( Artic"e 5III o the )*+, Constitution a##"ies to interi$ !atasan ;a$bansa ?10D: No. Sec. - 4&7( Artic"e 5III( which ca""s or s#ecia" e"ections to i"" u# vacancies( a##"ies on"y to the regu"ar !atasan ;a$bansa. This is evident ro$ the "anguage thereo which s#eas o a vacancy in the !atasan ;a$bansa( which $eans the regu"ar !atasan ;a$bansa as the sa$e words E!atasan ;a$bansa ound in a"" the $any other sections o Artic"e 5III( undoubted"y reer to the regu"ar !atasan( not the interi$ one. A word or #hrase used in one #art o a Constitution is to receive the sa$e inter#retation when used in every other #art( un"ess it
c"ear"y a##ears( ro$ the conteBt or otherwise( that a dierent $eaning shou"d be a##"ied.
