Chapter 3: Basic Guidelines in the Construction and Interpretation of Laws Flashcards Preview

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Flashcards in Chapter 3: Basic Guidelines in the Construction and Interpretation of Laws Deck (5)
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1

What is the object of interpretation and construction?

To ascertain the meaning and intention of the legislature

2

Socorro Ramirez vs Hon. Court of Appeals and Ester S. Garcia
GR 93833, September 25, 1995

ISSUES:

1) Whether or not RA 4200 applies to taping of private conversation by one of the parties to a conversation.

2) Whether or not the substance must be alleged in the information. Whether or not RA 4200 applies to private conversation

HELD:

Garcia's (respondent) petition for review was denied.

DOCTRINE:

Legislative intent is determined principally from the language of the statute.

3

Globe-Mackay Cable and Radio Corporation VS National Labor Relations Commission and Imelda Salazar
GR 82511, March 3, 1992

ISSUE:

Whether or not the NLRC have committed grave abuse of discretion i holding that the suspension and subsequent dismissal of Imelda Salazar were illegal and in ordering her reinstatement with two years backwages.

HELD:

NLRC decision affirmed. Imelda Salazar won.

Doctrine:

Plain meaning rule or Verba Legis

4

Felicito Basbacio VS Office of the Secretary, Department of Justice
GR 109445, November 7, 1994

ISSUE:

Whether or not the term "unjustly accused, convicted, imprisoned but subsequently released by virtue of a judgement of acquittal" refer to all kinds of accusation and conviction.

HELD:

Petitioner's request for a payment of compensation for being imprisoned was dismissed.

Doctrine:

When the language of the law is clear, it should be given its natural meaning.

5

JMM Promotions and Management Inc. VS NLRC and Ulpiano Delos Santos
GR109835, November 22, 1993

ISSUE:

Whether or not petitioner was still required to post an appeal bond to perfect its appeal from a decision of the POEA to the NLRC after having posted a total bond of P150,000 and placed in escrow the amount P200,000 as required by the POEA Rules.

HELD:

JMM Promotions' petition was dismissed.

DOCTRINE:

In interpreting a statute, care should be taken that every part be given effect.