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
Showing posts with label law is clear. Show all posts
Showing posts with label law is clear. Show all posts
Sep 2, 2009
Aug 30, 2009
Satutory Construction- Pascual vs. Pascual- Bautista
Satutory Construction
Case of Pascual vs. Pascual- Bautista
207SCRA 561 25March1992
FACTS OF THE CASE:
Petitioners Olivia and Hermes Pascual are the acknowledged natural children of the natural children of the late Eligio Pascual the latter being a full blood brother of the decedent Don Andres Pascual. Adela Soldevilla Pascual the surviving spouse of the late Don Andes Pascual filed w/ the RTC Branch 162, a special proceeding case no.7554 for administration of the intestate estate of her late husband. Olivia and Hermes are illegitimate children of Eligio Pascual (although they contend that the term “illegitimate children” as described in art 992 should be construed as “spurious children”) .
ISSUES OF THE CASE:
Can Art. 992 of the Civil Code of the Philippines be interpreted to exclude recognized natural children from the inheritance of the deceased?
Yes, Because the art. 992 of the Civil Code explicitly states that:
“An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child.”
In applying the above doctrine to the case at bar respondents did not err in holding that petitioners herein cannot represent their father Eligio Pascual in the succession of the latter to the intestate estate of the decedent Andres Pascual, since under Art 176 of the Family Code all illegitimate children are generally placed under one category, whether spurious or not.
HELD:
PETITION IS DISMISSED FOR LACK OF MERIT AND THE ASSAILED DECISION OF THE RESPONDENT COURT OF APPEALS DATED APRIL 29,1988 IS AFFIRMED
STAT CON LESSON:
When the law is clear, it is not susceptible to interpretation. (It must be applied regardless of who maybe affected, even if the law may be harsh or onerous)
I hope this helps.
Jeff David
Case of Pascual vs. Pascual- Bautista
207SCRA 561 25March1992
FACTS OF THE CASE:
Petitioners Olivia and Hermes Pascual are the acknowledged natural children of the natural children of the late Eligio Pascual the latter being a full blood brother of the decedent Don Andres Pascual. Adela Soldevilla Pascual the surviving spouse of the late Don Andes Pascual filed w/ the RTC Branch 162, a special proceeding case no.7554 for administration of the intestate estate of her late husband. Olivia and Hermes are illegitimate children of Eligio Pascual (although they contend that the term “illegitimate children” as described in art 992 should be construed as “spurious children”) .
ISSUES OF THE CASE:
Can Art. 992 of the Civil Code of the Philippines be interpreted to exclude recognized natural children from the inheritance of the deceased?
Yes, Because the art. 992 of the Civil Code explicitly states that:
“An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child.”
In applying the above doctrine to the case at bar respondents did not err in holding that petitioners herein cannot represent their father Eligio Pascual in the succession of the latter to the intestate estate of the decedent Andres Pascual, since under Art 176 of the Family Code all illegitimate children are generally placed under one category, whether spurious or not.
HELD:
PETITION IS DISMISSED FOR LACK OF MERIT AND THE ASSAILED DECISION OF THE RESPONDENT COURT OF APPEALS DATED APRIL 29,1988 IS AFFIRMED
STAT CON LESSON:
When the law is clear, it is not susceptible to interpretation. (It must be applied regardless of who maybe affected, even if the law may be harsh or onerous)
I hope this helps.
Jeff David
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