G.R. No. 166391 – 772 Phil. 14 – 773 SCRA 345 – Statutory Construction – P.D. No. 49; Intellectual Property Law – When “and” means “or” Section 5(A) of PD 49 provides one of the exclusive rights of a copyright holder which is: (A) To print, reprint, publish, copy, distribute, […]
Statutory Construction
10 posts
G.R. No. 256116 – Statutory Construction – RA 7309; Victims Compensation Act – Use of Conjunctive Word “and” In 2017, Main Mohammad was indicted for murder. He was accused of being a member of the Abu Sayyaf Group. Since his case was non-bailable, he underwent preventive imprisonment. After two years […]
G.R. No. 147749 – 525 Phil. 281 – 492 SCRA 192 – Statutory Construction – Expressio Unius est Exclusio Alterius San Pablo Manufacturing Corporation (SPMC) was assessed a 3% tax on its sales of corn and edible oil as manufactured products - this is pursuant to Section 168 of the […]
G.R. No. 127195 – 313 SCRA 88 (371 Phil. 827) – Labor Law – Pre-Employment – Post-Employment – Standard Employment Contract – POEA – Mutual Consent – Migrant Workers Act – Illegal Dismissal Statutory Construction – Giving effect to every word in a statute; Migrant Workers Act Marsaman Manning Agency, […]
G.R. No. L-30642 – 136 SCRA 141 – Political Law – Separation of Powers – SC Cannot Legislate; Exception Statutory Construction – Determining the Purpose of the Law Perfecto Floresca et al are the heirs of the deceased employees of Philex Mining Corporation who, while working at its copper mines underground […]
G.R. No. L-19650 – 124 Phil. 763 – 18 SCRA 247 – Statutory Construction – Construction; defined – Noscitur A Sociis In 1960, Caltex (Philippines), Inc. announced its Caltex Hooded Pump Contest. The mechanics of the contest were as follows: 1. Participants must estimate the actual number of liters a […]
G.R. No. 92163 – 264 Phil. 593 – 186 SCRA 217 – Political Law – Separation of Powers – SC Cannot Change LawStatutory Construction – The Court Can Only Interpret LawsCriminal Law – Complex Crimes – Compound Crimes – Rebellion Absorbs Common CrimesRemedial Law – Criminal Procedure – Bail; When […]
G.R. No. L-6355-56 – 93 Phil. 699 – Political Law – The Judiciary – The Legislature – Separation of PowersStatutory Construction – Who May Interpret Laws Saturnino David, the then Collector of Internal Revenue (CIR), ordered the taxing of Justice Pastor Endencia’s and Justice Fernando Jugo’s (and other judges’) salary […]
G.R. No. L-32717 – 146 Phil. 798 – 36 SCRA 228 – Statutory Construction – Ejusdem GenerisPolitical Law – Bill of Rights – Freedom of Expression Amelito Mutuc was a candidate for delegate to the Constitutional Convention (1970). His candidacy was given due course by the Commission on Elections (COMELEC) […]
G.R. No. 112170 – 326 Phil. 157 – 256 SCRA 149 – Statutory Construction – Purpose of a LawCivil Law – Application of Laws – Interpretation of Laws In 1989, Cesario Ursua was charged with bribery and dishonesty. His lawyer then asked him to get a copy of the complaint […]