Sep 2, 2009

Statutory Construction- Regalado vs. Yulo

STATUTORY CONSTRUCTION

Case of Regalado vs. Yulo
No. 42935 15February1935

FACTS OF THE CASE:

This case was brought about by the action quo warranto to determine the respective rights of the petitioner Felipe Regalado and one of the respondents, Esteban T. Villar, to the office of Justice of the peace of Malinao, Albay.

Felipe Regalado qualified for the office of justice of the peace of Malinao, Albay on April 12, 1906. On September 13, 1934 Regalado became 65 yrs old. As a consequence thereafter the judge of first instance of Albay, acting in accordance w/ instructions from the Sec of Justice, designated Esteban T. Villar, Justice of the peace of Malinao, Albay. Regalado surrendered the office to Villar under protest.


ISSUES OF THE CASE:

Whether or not under the provisions of section 203 of the Administrative Code, as amended by the Act No. 3899, the Justices and auxiliary justices appointed prior to the approval of the Act No. 3899 who reached the age of 65 yrs after said Act took effect shall cease to hold office upon reaching the age of 65 yrs.

No, Because justices appointed prior to the approval of the act and who completed 65 yrs of age on September 13 1934, subsequent to the approval of the Act which was on November 16 1931 and who by law is required to cease to hold office on January 1, 1933 is not affected by the said act.

HELD:
RESPONDENT ESTEBAN VILLAR BE OUSTED FROM THE OFFICE OF JUSTICE OF THE PEACE OF MALINAO, ALBAY, AND THAT THE PETITIONER FELIPE REGALADO BE PLACED IN POSSESSION OF THE SAME.

STAT CON LESSON:


The intent of the law is to be ascertained from the words used in its construction. (If legislative intent is not expressed in some appropriate manner, the courts cannot by interpretation speculate as to an intent and supply a meaning not found in the phraseology of the law.)

I hope this helps.

Jeff David

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