Professional Documents
Culture Documents
Mecano v. COA
GR No. 103982, December 11, 1992
FACTS
Mecano is a Director II of the NBI. He was hospitalized and on account of which
he incurred medical and hospitalization expenses, the total amount of which he is
claiming from the COA. In a memorandum to the NBI Director, Director Lim
requested reimbursement for his expenses on the ground that he is entitled to the
benefits under Section 699 of the RAC, the pertinent provisions of which read:
Sec. 699. Allowances in case of injury, death, or sickness incurred in performance
of duty. When a person in the service of the national government of a province,
city, municipality or municipal district is so injured in the performance of duty as
thereby to receive some actual physical hurt or wound, the proper Head of
Department may direct that absence during any period of disability thereby
occasioned shall be on full pay, though not more than six months, and in such
case he may in his discretion also authorize the payment of the medical
attendance, necessary transportation, subsistence and hospital fees of the injured
person. Absence in the case contemplated shall be charged first against vacation
leave, if any there be. xxx xxx xxx
In case of sickness caused by or connected directly with the performance of some
act in the line of duty, the Department head may in his discretion authorize the
payment of the necessary hospital fees. Director Lim then forwarded petitioners
claim, to the Secretary of Justice. Finding petitioners illness to be service-
What happens now if the repealing law is repealed? You have law 1,
repealed by law 2, what will happen now if law 2, the repealing law is now
repealed. And will there be any difference if law 2 provides for an express
repeal or an implied repeal.
7. Effectivity Clause
The effectivity clause will state the date of when the law will take its
effect.
Doctrine of Presumption of Constitutionality
Now, let us revisit the Doctrine on the Presumption of Constitutionality.
Before the legislature passes a bill, it is presumed that it knows that the
provisions of that bill are all consistent with the Constitution. Because the
President also approves the bill, it shows that the President has been
convinced of the validity of the law. So to strike down a law as
unconstitutional, there must be a clear showing that what the Constitution
prohibits, the Statute allows it to be valid. In order to justify a declaration
of unconstitutionality, there must be a clear and manifest showing that a
particular law or a particular legislation runs counter to the very essence
of the Constitution. However, only the SC en banc has the authority to
declare a particular law unconstitutional. SC en banc, by a vote of a
majority of all the members of the court who took part and actually voted
thereon.
However, you can file a complaint for the declaration of unconstitutionality
of the law before the regional trial court, you exhaust the remedy in the
lower courts in order not to the principle of the hierarchy of courts.
To give respect to the Constitution, all the time the Constitution will
prevail. It may happen however that 2 statutes dealing with substantially
similar subject matter governing almost similar subjects or objects and
having the same purpose or object will contain apparently conflicting
provisions. Maybe you have encountered the term in Pari Materia? These
statutes will be referred to as statutes in Pari Materia. As a general rule,
they must be taken together. As a general rule, effort must be exerted to
give effect to each of the statutes. This is premised on the presumption
that again, upon the enactment of a law, the legislative department is
aware of all existing and subsisting laws during that time.
There is this case on JMM Promotions and Management, Inc. v. NLRC
and Ulpiano Delos Santos, GR No. 109835, November 22, 1993. In
this case, there was a case filed before the POEA. JMM they lost before the
POEA, they elevated the case to the NLRC. However, the NLRC dismissed
their appeal on the ground of failure to file the necessary appeal. NLRC
cited the 2nd paragraph of Article 223 of the Labor Code, which provides
that, in case of a judgment involving a monetary award, an appeal may be
perfected only upon the posting of a cash or surety bond issued by
irrefutable .. company to the accredited by the Commission, meaning the
NLRC and the amount equivalent to the monetary award in the judgment
appealed from. According to JMM, the said provision is not applicable, the
appeal bond is not necessary in the case of license recruiters for overseas
employment. In essence, what JMM is saying, yung Article 223 of the Labor
Code is applicable lang sa ibang employers, with respect to us, the license
overseas agency, hindi na yan applicable because as required by another
rule, from the time we were processing for our license, we were already
required to post a cash bond in the amount of 100k.
The SC noted that Article 223 of the Labor Code can stand together with
the rules as cited by JMM. So that is the rule, if both statutes can stand
together, effect should be given to both. That is the general rule.
JMM Promotions and Management, Inc. v. NLRC and Ulpiano Delos
Santos
GR No. 109835, November 22, 1993
FACTS:
Petitioners appeal was dismissed by the respondent National Labor Relations
Commission citing the second paragraph of Article 223 of the Labor Code as
amended and Rule VI, Section 6 of the new Rules of Procedure of the NLRC, as
amended. The petitioner contends that the NLRC committed grave abuse of
discretion in applying these rules to decisions rendered by the POEA. It insists that
the appeal bond is not necessary in the case of licensed recruiters for overseas
employment because they are already required under Section 4, Rule II, Book II of
the POEA Rules not only to pay a license fee of P30,000 but also to post a cash
bond of P100,000 and a surety bond of P50,000. In addition, the petitioner claims
it has placed in escrow the sum of P200,000 with the Philippine National Bank in
compliance with Section 17, Rule II, Book II of the same Rule, to primarily answer
for valid and legal claims of recruited workers as a result of recruitment violations
or money claims. The Solicitor General sustained the appeal bond and
commented that appeals from decisions of the POEA were governed by Section 5
and 6, Rule V, Book VII of the POEA Rules.
ISSUE:
Whether or not the petitioner is still required to post an appeal bond to perfect its
appeal from a decision of the POEA to the NLRC?
HELD:
YES. Petitioners contention has no merit. Statutes should be read as a whole. Ut
res magis valeat quam pereat that the thing may rather have effect than be
destroyed.
It is a principle of legal hermeneutics that in interpreting a statute (or a set of
rules as in this case), care should be taken that every part thereof be given effect,
on the theory that it was enacted as an integrated measure and not as a hodgepodge of conflicting provisions. Under the petitioners interpretation, the appeal
bond required by Section 6 of the POEA Rule should be disregarded because of
the earlier bonds and escrow money it has posted. The petitioner would in effect
nullify Section 6 as a superfluity but there is no such redundancy. On the contrary,
Section 6 complements Section 4 and Section 17. The rule is that a construction
that would render a provision inoperative should be avoided. Instead, apparently
inconsistent provisions should be reconciled whenever possible as parts of a
coordinated and harmonious whole.
Applying the aforecited case in the instant petition, the Civil Code provisions
cited by the petitioner must yield to Article 110 of the Labor Code.
What happens if there is a conflict between the basic law and the
regulations issued by implementing In case of discrepancy or conflict
between the basic law and the executive issuance to implemenet it, the
statute prevails over the latter (administrative issuance). Because again,
the power of the executive offices to promulgate these rules and
regulations are merely delegated by Congress. So they are subordinate to
the plenary legislative powers of the legislative departments. It may not
issue rules and regulations which are inconsistent with the provisions of
the Constitution, and also with that of a statute.
What happens if there is a conflict between a statute and a local
ordinance. Are you aware of the case of Mayor Magtajas and the city
of Cagayan de Oro v. Pryce Properties Corp., Inc. and PAGCOR, GR
No. 111097, July 20, 1994. In essence, the Sangguniang Panlalawigan
of CDO, in opposition to the opening of Casinos within the province, they
issued 2 ordinances. The first was prohibiting the approval of business
permits for the opening of Casino. The second providing for criminal
sanctions. The SC held that, these ordinances enacted by local
government units cannot go against the organic law for PAGCOR giving
it power to conduct these kinds of activities anywhere in the country. So
the rationale for such rule that ordinances must yield to organic law is
obvious, municipal corporations are only agents of the national
governments.
Mayor Magtajas and the city of CDO v. Pryce Properties Corp., Inc. and
PAGCOR
GR No. 111097, July 20, 1994
FACTS: There was instant opposition when PAGCOR announced the opening of a
casino in Cagayan de Oro City. Civic organizations angrily denounced the
project.The trouble arose when in 1992, flush with its tremendous success in
several cities, PAGCOR decided to expand its operations to Cagayan de Oro
City.he reaction of the Sangguniang Panlungsod of Cagayan de Oro City was swift
and hostile. On December 7, 1992, it enacted Ordinance No. 3353.Nor was this all.
On January 4, 1993, it adopted a sterner Ordinance No. 3375-93Pryce assailed the
ordinances before the Court of Appeals, where it was joined by PAGCOR as
intervenor and supplemental petitioner. Their challenge succeeded. On March 31,
1993, the Court of Appeals declared the ordinances invalid and issued the writ
prayed for to prohibit their enforcement
ISSUE: WON Ordinance 3353 and 3375-93 valid
HELD: No. Local Government Code, local government units are authorized to
prevent or suppress, among others, "gambling and other prohibited games of
chance." Obviously, this provision excludes games of chance which are not
prohibited but are in fact permitted by law.The rationale of the requirement that
the ordinances should not contravene a statute is obvious.Casino gambling is
authorized by P.D. 1869. This decree has the status of a statute that cannot be
amended or nullified by a mere ordinance. Hence, it was not competent for the
Sangguniang Panlungsod of Cagayan de Oro City to enact Ordinance No. 3353
prohibiting the use of buildings for the operation of a casino and Ordinance No.
3375-93 prohibiting the operation of casinos. For all their praiseworthy motives,
these ordinances are contrary to P.D. 1869 and the public policy announced
---------A pleading is your way to communicate the theory of the case to the
judge, to summarize to the judge a particular position, to summarize your
arguments in support of that position. However, it wont be sufficient that
you lay down the facts of your case, you must support these facts with
particular law, rules, and jurisprudence, in a way telling the judge that you
must favor my own version of the facts of the case because under the law,
under the rule, under the cases decided by the SC, my version of the facts
is correct, under the law you must uphold this particular position.
Now, legal citation, is the way of communicating the source of law upon
which a particular idea or a particular argument is placed. Citation in legal
documents particularly in pleadings submitted to the court, a citation
will sufficiently show the following information:
1. The bibliographical information meaning, the case title, the
GR no., or if your source is a printed source, the particular volume,
or the page where that particular argument can be found. Included
in such is the date of the promulgation of the decision.
2. Other sources to explore the topic further that may not be
the exact case which you are trying to cite the court but the court
may have decided in a similar manner in a line of cases. So, a legal
citation may contain other sources of law. Other cases, rules or
regulations, and other statutes, that may support that particular
position.
3. Supplement to or an expansion on a specific idea or thought
this refers not particularly to your source of law but maybe you
wanted to expound on a particular argument, you wanted to explain
a particular position or a particular legal doctrine.
There is no specific or standard system of legal citation in the Philippines.
It is difficult to impose a single particular standard of citation especially if
you are dealing with old legal practitioners who have been in the practice
of law for 30 years or more. But irrespective of that reality in the Philippine
context, it has always been the position of the legal education board, IBP,
to at least form a consensus on how should Philippine literature be cited in
legal documents. According to the Legal Education Board, this particular
standard will be taught in law school, will follow a single format. It is
necessary in order to ensure consistency, accuracy, order, and
effectiveness.
Members of the legal community may either use footnoting, endnotes or
they would just integrate their sources within the text of their legal
document. Footnotes, the source or the authority upon which a particular
argument is based will be shown at the bottom part of the page where
that particular argument could be found. Endnotes, all the sources will be
summarized at the end of the document. And then we say, in-text
citation, immediately after a particular argument, a lawyer may quote in
a parenthesis, the source, the case title, the particular statute, rules and
regulations.
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