Case Digest on UMALI V.

ESTANISLAO [209 S 446 (1992)]

UMALI V. ESTANISLAO [209 S 446 (1992)] - Reiterating Tanada v. Tuvera, The clause "unless it is otherwise provided" refers to the date of effectivity and not to the requirement of publication itself which cannot in any event be omitted. This clause does not mean that the legislator may make the law effective immediately upon approval, or on any other date without its previous publication. Publication is indispensable in every case, but the legislature may in its discretion provide that the usual fifteen (15) day period shall be shortened or extended.

Philippine Veterans Bank Employees Union vs Vega

5 11 2010

360 scra 32 Publication of Laws

In 1985, Central Bank of the Philippines filed a petition for assistance in the liquidation of the Philippine Veterans Bank (PVB), in the RTC of Manila Branch 39. Thereafter, the PVB employees union herein petitioner filed claim for accrued and unpaid employee wages and benefits.

On January 2, 1992, RA 7169 (An Act to Rehabilitate the PVB) which was signed into law by Pres. Corazon Aquino and which was published in the Official Gazette on February 24, 1992.

Thereafter, petitioners filed with the labor tribunals their residual claims for benefits and for reinstatement upon reopening of the bank.

In May 1992, Central Bank issued a certificate of authority allowing the PVB to reopen despite the late mandate for rehabilitation and reopening, respondent Judge Vega continued with the liquidation proceedings of the bank alleging further that RA 7169 became effective only on March 10, 1992 or 15 days after its publication in the Official Gazette on February 24, 1992.

ISSUE: Whether or not RA 7169 became effective on January 2, 1992.

HELD: The Supreme Court upheld that while as a rule laws take effect after 15 days following completion of their publication in the Official Gazette or in a newspaper of general circulation in the Philippines, the legislature has the authority to provide for exceptions as indicated in the clause unless otherwise provided. Citing Tanada vs Tuvera, this clause refers to the date of effectivity and not to the requirement of publication, which cannot in any event be omitted. The reason is that such omission would affect due process in so far as it would deny the public knowledge of the laws that are supposed to govern it.

Case Digest on People vs. Donato

PEOPLE V. DONATO [198 S 130 (1991)] - The doctrine of waiver extends to the rights and privileges of any character, and since the word "waiver" covers any conceivable right, it is the general rule that a person may waive any matter which affects his property, and any alienable right or privilege of which he is the owner or which belongs to him or to which he is legally entitled whether secured by contract, conferred with statute, or guaranteed by constitution, provided such rights and privileges do not infringe on the rights of others, and further provided the waiver of the right or privilege is not forbidden by law, and does not contravene public policy. Rights guaranteed to one accused of a crime fall naturally into two classes: (a) Those in which the state, as well as the accused, is interested, and (b) those which are personal to the accused, which are in the nature of personal privileges. Those of the first class cannot be waived, those of the second may be. (Commonwealth v. Petrillo). This Court has recognized waivers of constitutional rights such as the rights against unreasonable searches and seizures, the right to counsel and to remain silent, and the right to be heard. The right to bail is another of the constitutional rights which can be waived. It is a right personal to the accused and whose waiver would not be contrary to law, public order, morals or good customs, or prejudicial to a third person with a right recognized by law.

Case Digest on People vs. Licera

PEOPLE V. LICERA [65 S 270 (1975)] - F: In 1961, accused was granted an appointment as secret agent of Governor Leviste. In 1965, accused was charged with illegal possession of firearms. The SC held that where at the time of his appointment, People v. Macarandang (1959) was applicable, which held that secret agents were exempt from the license requirement, and later People v. Mapa (1967) was decided, the earlier case should be held applicable.

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HELD: Art. 8 of the Civil Code decrees that judicial decisions applying or interpreting the laws or the Constitution form part of this jurisdiction's legal system. These decisions, although in themselves not law, constitute evidence of what the laws mean. The application or interpretation placed by the courts upon a law is part of the law as of the date of the enactment of the said law since the Court's application or interpretation merely establishes the contemporaneous legislative intent that the construed law purports to carry into effect. A new doctrine abrogating an old rule operates prospectively and should not adversely affect those favored by the old rule.