I.

GENERAL PRINCIPLES determined by the judiciary in

justifiable and appropriate cases.

 Furthermore, the Supreme Court

1. LEGAL SYSTEM AND JUDICIAL
presumed that when the Constitution
INTERPRETATION
does not decline the Supreme Court
A. Article VI, Section 1, 1987 Constitution the power to interpret the
fundamental law, as in other
The legislative power shall be vested in the countries, the court is bound to
Congress of the Philippines which shall assume this function. From the
consist of a Senate and a House of foregoing, it can be concluded that
Representatives, except to the extent the Supreme Court has jurisdiction
reserved to the people by the provision on over the Electoral Commission and
initiative and referendum. the subject matter of the controversy.
B. Article, VII, Section 1, 1987 Constitution

The executive power shall be vested in the 2. DEFINITION OF STATUTORY

President of the Philippines. CONSTRUCTION
C. Article VIII, Section 1, 1987 Constitution What is Statutory Construction?
The judicial power shall be vested in one  Statutory Construction is the art or
Supreme Court and in such lower courts as process of discovering and
may be established by law. expounding the meaning and
intention of the authors of the law
Judicial power includes the duty of the courts
with respect to its application to a
of justice to settle actual controversies
given case, where that intention is
involving rights which are legally
rendered doubtful, among others by
demandable and enforceable, and to
reason of the fact that the given case
determine whether or not there has been a
is not explicitly provided by the law.
grave abuse of discretion amounting to lack
(CALTEX [Philippines], Inc. vs
or excess of jurisdiction on the part of any
Palomar)
branch or instrumentality of the
Government.

What is the difference between judicial

legislation and statutory construction?
Does the Supreme Court have jurisdiction
over the Electoral Commission and the  Statutory Construction according
subject matter of the controversy? American Jurisprudence, is a branch
of law dealing with the interpretation
 Yes. Under Section 2, Article VIII of
of laws enacted by legislature, while
the Constitution provides for the
judicial legislation is when an excision
powers of the Supreme Court in
of a portion of the act changes the
deciding questions involving the
manifest intent of the act by
Constitution. In this case, the
broadening its scope to include a
Supreme Court ruled that the
subject matter or territory which was
Electoral Commission is not a
not included therein as enacted.
separate department of the
government, and even if it were,  It is well settled that a statute clear
conflicting claims of authority under and unambiguous on its face need not
the fundamental law between be interpreted. (Daoang vs Municipal
department powers and agencies of Judge of San Nicolas, Ilocos Norte)
the government are necessarily
 3. CONSTRUCTION VS. Construction and interpretation come only
INTERPRETATION after it has been demonstrated that
application is impossible or inadequate
What is the difference between Construction
without them (People vs Mapa)
and interpretation?

 Construction is the drawing of

conclusion with respect to subjects When does the court apply the liberal policy
that are beyond the direct expression on statutory construction?
of the text. Example is the case of
 The liberal policy is applied when a
Caltex vs. Palomar on whether
case involves an issue of
promotional exercise falls nder the
prohibition of the postal law. overreaching significance to our
society (Del Mar vs PAGCOR).
 While interpretation is the process
of discovering the true meaning of the
language used. Example is the case Can the court adjust the penalties to avoid
of Daong vs. The Municipal Judge, injustices?
San Nicolas, Ilocos Norte, the court
finds it ambiguous as the word  No, because that would constitute
“children” in the new law really was judicial legislation. It is the duty of
written and not grandchildren which the courts to apply the law when it is
falls under “descendants” based on clear and not subject to interpretation
the previous law on adoption. (Corpuz vs People of the Philippines)

4. WHEN DOES STATUTORY 5. PURPOSE OF STATUTORY

CONSTRUCTION COMES IN? CONSTRUCTION

The court is bound to construe and interpret What is the purpose of Statutory
the law, when: Construction?

 There is an actual case of  The purpose of statutory construction

controversy, a case is brought to the is to avoid injustice, and to give effect
court by party litigant to hear and to the intention of the legislature.
settle their dispute; While we should stress that it is not
the task of the court to give meaning
 When there is ambiguity in the law to the statues because to depart from
involved in the controversy. The law the meaning and the intent expressed
is susceptible of two or more is to alter the statutes, which
interpretation. constitutes legislation, a function of
the legislative branch.
Example is the case of Paat vs. C.A, on the
issue of whether the DENR Secretary and  In the interpretation and construction
his/her representative are empowered to of statutes, the primary rule is to
confiscate and forfeit conveyances used in ascertain and give effect to the
transporting illegal forest products in favor of intention of the Legislature (People vs
the government, and whether an action for Concepcion)
replevin will prosper to recover movable
product which is the subject matter of  It is of course fundamental that the
forfeiture? The court reiterated that, “in the determination of the legislative intent
construction of statues, it must be read in is the primary consideration.
such a way as to give effect to the purpose However, it is equally fundamental
projected in the statute.” that that legislative intent must be
 determined from the language of the vs Spouses Heracleo and Ramona
statute itself. Tecson).

What is liberal construction of statutes? II. SUBJECT MATTER OF

CONSTRUCTION
 Liberal construction of statutes is
when the courts find the meaning
behind statutes from the language
1. DEFINITION OF STATUTE
sed, the subject matter, and the
purpose of the framers of the law What is a statute?
(Tanada vs Yulo)
 The statute is the written will of
the legislature solemnly
expressed according to the form
6. JUDICIAL FUNCTION
necessary to constitute it as the
What is judicial function? law of state.

 The judicial function is to apply the

law to the cases, interpret the law,
What are vague statutes?
and most important is to interpret the
constitution.  Vague statutes are statutes that
lacks comprehensive standards
 The Court emphasizes that the
that men of common intelligence
interpretation of the constitution and
must necessarily guess at its
statutes is within the exclusive
meaning and differ as to its
province and jurisdiction of the
application, as such is also
judicial department, and that in
repugnant to the constitution in
enacting a law, the legislature may
two respect: it violate the due
not legally therein that it be
process for failure to accord
interpreted in such a way that it may
persons, especially the parties
not violate a constitutional prohibition
targeted by it, fair notice of
(Endencia vs David).
conduct to avoid, and 2, it leaves
 The Supreme Court has the law enforcers unbridled
constitutional duty not only in discretion in carrying out its
applying or interpreting the law in provisions and becomes an
accordance with prior doctrines, but arbitrary flexing of the
also to protect society from the government muscle.
improvidence and wantonness
wrought by needless upheavals, in
such interpretations and applications 2. HIERARCHY OF LAWS:
(NAPOCOR vs Province of Lanao Del
Sur)

 The Court has steadfastly adhered to a. CONSTITUTION

the doctrine that its first and
What is a Constitution?
fundamental duty is the application of
the law according to its express  The constitution of the Philippines
terms, interpretation being called for is the written law that shall guide
only when such literal application is the conduct of the government,
impossible (Secretary of DPWH and legislative, executive, and the
District Engr. Celestino R. Contreras judiciary, duly ordained and
promulgated by the citizens.
  It is likewise a basic perception in What is Judicial Doctrine?
statutory construction that a
 The judicial interpretation of a statue,
statute should be interpreted in
which constitute part of the law as of
harmony with the Constitution
(Paras vs COMELEC) the date it was originally passed since
the court’s construction, merely
establishes the contemporaneous
legislative intent that the interpreted
b. STATUTES
law carried into effect. Such judicial
What is statutes? doctrine does not amount to the
passage of a new law but consist
 Statues is the written will of the merely of a construction or
legislative solemnly expressed interpretation of pre-existing one.
according to the form necessary to
constitutes it as the law of the state.

 Sources of Statue: What is Doctrine of Operative Fact?

o An Act of the House (Lower  The Doctrine of Operative Fact is an

House and Senate) are laws exception to the general rule, such
passed by the Philippine that a judicial declaration of invalidity
Commission, Philippine may not necessarily obliterate all the
Legislature, and the Batasang effects and consequences of a void
Pambansa, and the Congress act prior to such declaration. The
of the Philippines. actual existence of a statute, prior to
such determination [of
o Presidential Decree during the unconstitutionality] is an operative
period of Marcos ruling during fact which cannot justly be ignored.
Martial Law, specifically the The past cannot always be erased by
Presidential Proclamation a new judicial declaration (Co vs.
1081, and the 1973 Court of Appeals)
Constitution.

o Executive Orders of President

Corazon Aquino during the What is Judicial Precedence (Stare Decisis)?
Freedom Constitution
 Judicial precedence requires the
courts in a country to follow the rule
established in a decision of the
c. SUPREME COURT DECISIONS Supreme Court thereof. The doctrine
of stare decisis et non quieta movere
Article 8, of the New Civil Code
(to adhere to the precedents and not
 “Judicial Decisions applying or to unsettle things which are
interpreting the laws or the established) is embodied in Article 8
constitution shall form part of the of the Civil Code of the Philippines,
legal system of the Philippines.” which provides thus; “Judicial
decisions applying or interpreting the
Thus, we take note of the judicial doctrines laws or the Constitution shall form
when applying and interpreting the law, as part of the legal system of the
much as the laws enacted by the Congress, Philippines.” (Lazatin vs Desierto)
administrative and executive acts, regulation
and orders from the Chief Executive, and
local ordinances.
 d. PRESIDENTIAL ISSUANCES e. ADMINISTRATIVE RULES AND
REGULATIONS
Can the Chief Executive declare martial law?
Section 7, (2), (3), (4), Chapter 2, of the
 The Chief Executive has the power to
1987 Administrative Code of the Philippines,
declare martial law, according to
Section 18, of Article VII, of the 1987  (2) Establish the policies and
Constitution. He may also or as standards for the operation of the
otherwise provided in this Department pursuant to the
Constitution, the President may grant approved programs of governments;
reprieves, commutations and
 (3) Promulgate rules and regulations
pardons, and remit fines and
necessary to carry out department
forfeitures, after conviction by final
objectives, policies, functions, plans,
judgment, except in impeachment,
programs and projects;
according to Section 19 or Article VII
of the constitution.  (4) Promulgate administrative
issuances necessary for the efficient
 Since the Chief Executive is vested
administration of the offices under
with the executive power, Chapter I,
the Secretary and for proper
Title I, Book III of the Administrative
execution of the laws relative thereto.
Code of 1987, he has the power of
These issuances shall not prescribe
control he executive departments,
penalties for their violation, except
bureaus, and offices. He shall ensure
when expressly authorized by law;
that the laws be faithfully executed,
with this is the capacity to issue
ordinances, administrative orders,
proclamation, memorandum orders Why are Administrative Rules and
and circulars, and general and special Regulations needed?
orders.
 Administrative Rules and Regulations
are needed because there are details
to be filled in since the law is general.
Does the wrong application of the law
renders it invalid?

 No. The wrong application of the law Can the Congress delegate to another branch
does not render it invalid, as the of the government the power to fill in details
Court can only declare a statute of execution?
unconstitutional if it violates the
 Yes, the Congress may delegate to
provisions of the Constitution and not
another branch of the Government
on the grounds that the enforcers of
the power to fill in the details in the
the law have erred in the law’s
execution, enforcement or
application. Separate civil or criminal
administration of a law, it is essential,
cases for the violations of the
to forestall a violation of the principle
individuals who erred must be filed
of separation of powers, that said
independently (David vs Arroyo).
law:

(a) be complete in itself — it must set forth

therein the policy to be executed, carried out
or implemented by the delegate — and

(b) fix a standard — the limits of which are

sufficiently determinate or determinable —
to which the delegate must conform in the
performance of his functions
What are the requisites for an administrative (3) Must not be partial or
issuance to be valid? discriminatory;

 To be valid, an administrative (4) Must not prohibit but may

issuance, such as an executive order, regulate trade;
must comply with the following
requisites: (5) Must be general and consistent
with public policy, and
(1) Its promulgation must be
(6) Must not be unreasonable
authorized by the legislature;

(2) It must be promulgated in

accordance with the prescribed 3. KINDS OF STATUTES
procedure;

(3) It must be within the scope of the

authority given by the legislature; 4. HOW LAWS ARE PASSED?
and
Laws are passed by going through three
(4) It must be reasonable. readings.

 First reading

f. ORDINANCES o Only the title and number of

the bill is read.
Section 48. Chapter III, of the Local
Goverment Code of 1991, Local Legislative o The bill is referred to the
Power appropriate committee.

 Local legislative power shall be  Second reading

exercised by the sangguniang
o The committee invites key
panlalawigan for the province; the
people to scrutinize the bill.
sangguniang panlungsod for the city;
the sangguniang bayan for the o The committee votes whether
municipality; and the sangguniang the bill is favorable or not.
barangay for the barangay.
o If not, the bill is considered
dead.

What is needed for an ordinance to be valid? o If yes, the bill shall be open to
debates, afterwards should be
 For an ordinance to be valid, it must
sent back to the committee for
not only be within the corporate
amendments.
powers of the city or municipality to
enact but must also be passed  Third reading
according to the procedure prescribed
by law. It must be in accordance with o Copies are furnished and must
certain well-established basic be handed to the members.
principles of a substantive nature. o The title and the entirety of
These principles require that an the bill is read out loud.
ordinance:
o For the bill to pass the third
(1) Must not contravene the reading, it must garner a
Constitution or any statute; majority vote (half of the
(2) Must not be unfair or oppressive; quorum + 1).

o Should the bill pass the third

reading, it shall be forwarded
 to the other house where it What is meant by the “One Title One
will go again under three Subject” rule prescribed by Section 26 of
readings. Article VI of the 1987 Constitution?

 Constitutional provisions relating to

the subject matter and titles of
 A Bicameral Conference Committee
statutes should not be so narrowly
may be held to harmonize the two
construed as to cripple or impede the
different versions of the bill. Changes
power of legislation. The requirement
introduced by the Bicameral
that the subject of an act shall be
Conference Committee on
expressed in its title should receive a
disagreeing provisions were meant
reasonable and not a technical
only to reconcile and harmonize the
construction. It is sufficient if the title
disagreeing provisions for it did not
be comprehensive enough reasonably
inject any idea or intent that is wholly
to include the general object which a
foreign to the subject embraced by
statute seeks to effect, without
the original provisions. (ABAKADA
expressing each and every end and
Guro Partylist vs Ermita)
means necessary or convenient for
the accomplishing of that object.
(ABAKADA Guro Partylist vs Ermita)
 Should the bill pass the third reading,
it shall be forwarded to the President.  The one-subject requirement under
The President may sign the bill into the Constitution is satisfied if all the
law or veto it. If the bill remains parts of the statute are related, and
untouched for 30 days, the bill are germane to the subject matter
automatically becomes a law. If the expressed in the title, or as long as
bill is vetoed, the President shall they are not inconsistent with or
return the same with his objections to foreign to the general subject and
the House where it originated. After title. (Remman Enterprises vs PRC of)
reconsideration, the House may
overturn the veto by two-thirds of its
vote. Afterwards, the bill is turned Can the Courts declare a law null and void
over to the other house where it will because it was passed in violation of the
undergo the same process. rules of the House?

 No, the Court is not concerned with

the internal procedure of the Houses.
What are the bills that should only come from
Section 26-27 of Article VI of the
the House of Representatives?
1987 Constitution, “each House may
 Section 24 of Article VI of the 1987 determine its proceedings,” is used to
Constitution provides that all support claims of autonomy of the
appropriation, revenue or tariff bills, legislative branch to conduct business
bills authorizing increase of the public free from interference of the Courts.
debt, bills of local application, and (Arroyo vs Devenecia)
private bills shall originate exclusively
in the House of Representatives, but
the Senate may propose or concur
with amendments.
 5. PARTS OF STATUTE (2) The title should be
sufficient to notify the
a. Title - All the parts of the law must
legislators, the public and
be related, and are germane to
those concerned. (Lidasan vs
subject matter expressed in the title COMELEC)
of the bill. (Cordero et al vs
Cabatuando)

What is the purpose of the one subject one b. Preamble - This part of the statutes
title rule? explains the reason of its enactment
and object it sought to be
 It has been said that the purpose of
accomplished.
such provision (one-title, one subject
rule) is to prevent the evils of so c. Enacting Clause: That part of the
called omnibus bills and surreptitious statute which declares its enactment
or unconsidered legislation. "The and serves to identify it as an act of
mischief sought to be remedied by legislation proceeding from the
the requirement of a single subject or proper legislative authority.
object of legislation was the practice
d. Body: The main and operative part
of bringing together in one bill
of the statute containing its
matters having no necessary or
substantive and even procedural
proper connection with each other but
provisions. Provisos and exceptions
often entirely unrelated and even
may also be found in the body of the
incongruous. (Government of the
statute.
Philippine Islands vs HSBC et al)
e. Repealing Clause: That part of the
 Reason for “one subject one title”: To
statute which announces the prior
prevent duplicity in legislation,
statutes or specifies provisions
hodgepodge or log-rolling legislation,
which have been abrogated by
and surprise of fraud upon the
reason of the enactment of the new
legislative. Also, to fairly appraise the
law.
people through publication of the
subjects of the legislation. The title f. Separability clause: That part of
shall also be used as a guide in which provides that in the event that
ascertaining the intent of the one or more provisions are declared
legislative. void or unconstitutional, the
remaining provisions shall be in
force.
How do we determine if the title of the
statute conforms to the Constitution?
What is the general rule and the exception to
 The Supreme Court held that the one-
the Separability Clause of statutes?
title, one-subject rule as
contemplated in the Constitution,  The general rule is that where part of
contains dual limitations upon a statute is void as repugnant to the
legislative power, and that to Constitution, while another part is
determine if the title statute conforms valid, the valid portion, if separable
to the Constitution it must be: from the invalid, may stand and be
enforced. (Antonio vs COMELEC;
(1) The subject need not be
Tatad vs DOE)
stated in express terms, as
long as it is inferable from the  The exception to the general rule is
details, and that when the parts of a statute are
so mutually dependent and
 connected, as conditions, What is meant by "publication"?
considerations, inducements, or
 Publication must be in full or it is no
compensations for each other, as to
publication at all since its purpose is
warrant a belief that the legislature
to inform the public of the contents of
intended them as a whole the nullity
the laws. The mere mention of the
of one part will vitiate the rest.
number of the presidential decree,
(Antonio vs COMELEC; Tatad vs DOE)
the title of such decree, its
whereabouts, the supposed date of
effectivity, and in a mere supplement
g. Effectivity Clause - This part
of the Official Gazette cannot satisfy
announces the date of effectivity of
the publication requirement. (Tanada
the law, ensuring that it follows the
vs Tuvera)
guideline of Art. 2 of the New Civil
Code.

Is publication necessary for the effectivity of Where is the publication to be made?

laws?
 Under Article 2 of the Civil Code, the
 Yes. The Supreme Court held that publication of laws must be made in
Article 2 does not preclude the the Official Gazette, and not
requirement of publication in the elsewhere, as a requirement for their
Official Gazette, even if the law itself effectivity after fifteen days from such
provides for the date of its effectivity. publication or after a different period
provided by the legislature. (Tanada
vs Tuvera)
What is meant by "law of public nature" or
"general applicability"?
When is the publication to be made?
 The term “laws” under Article 2 of the
Civil Code refer to all laws and not  Publication must be made forthwith,
only to those of general application. or at least as soon as possible, to give
Laws which affect the general public effect to the law pursuant to the said
and laws affecting public interest are Article 2. (Tanada vs Tuvera)
considered laws of public nature or
laws of general applicability. (Tanada
vs Tuvera) 6. VALIDITY OF STATUTES

What is validity of statutes?

Must a distinction be made between laws of  Validity of Statue according to Black,
general applicability and laws which are not? “the term relating to the effectiveness
of a law as it relates to the
 Laws of general applicability,
constitution.”
including those of local application
and private laws, shall be published  While in Paragraph 2 and 3, Article 7,
as a condition for their effectivity, but of the New Civil Code, it states that,
interpretative regulations and those “When the courts declare a law to be
merely internal in nature, that is, inconsistent with the constitution the
regulating only the personnel of the former shall be void, and the later
administrative agency and not the shall govern. Administrative,
public, need not be published. executive Acts, orders and regulation
(Tanada vs Tuvera) shall be valid only when they are not
contrary to the laws and
constitution.”
  Thus statutes will only be valid if it is to give effect to the intent of the
able to follow the constitutional test legislature.
of the bill, as much as its consistency
How is legislative intent determined?
to the constitution, while the orders
from Chief Executive and the  First, legislative intent is determined
executive offices and institution principally from the language of a
should not only be aligned to the statute. Where the language of a
constitution but the laws as well. statute is clear and unambiguous, the
law is applied according to its express
terms, and interpretation would be
Under what circumstances can a law be resorted to only where a literal
declared unconstitutional? interpretation would be either
impossible or absurd or would lead to
 The presumption is always in favor of
an injustice. (Ramirez vs Court of
the constitutionality of a law. To Appeals)
declare a law unconstitutional, the
repugnancy of that law to the
Constitution must be clear and
2. GENERAL RULE IN
unequivocal, for even if a law is aimed
DETERMINING LEGISLATIVE
at the attainment of some public
INTENT: VERBA LEGIS (Literal
good, no infringement of
Interpretation)
constitutional rights is allowed. To
strike down a law there must be a What is verbal legis?
clear showing that what the
fundamental law condemns or  Verba Legis means plain meaning
prohibits, the statute allows it to be rule, the primary rule in addressing
done. (Salas vs Jarencio) Courts are any problem relating to the
practically unanimous in the understanding or the interpretation of
pronouncement that laws shall not be a law is to examine the law itself to
declared invalid unless the conflict see what is plainly says. This is the
with the Constitution is clear beyond plain meaning rule of statutory
reasonable doubt. (Dumlao, et al vs construction.
COMELEC)

When does a court give the statute its literal

III. BASIC GUIDELINE IN THE meaning and application?
CONSTRUCTION AND
 If a statute is clears plain and free
INTERPRETATION OF LAWS
from ambiguity, it must be given its
literal meaning and applied without
attempted interpretation. This plain-
1. LEGISLATIVE INTENT meaning rule or verba legis derived
What is Legislative Intent? from the maxim index animi sermo
est (speech is the index of intention)
 Legislative intent or intent of the rests on the valid presumption that
legislature or mens legislatoris is a the words employed by, the
controlling factor in the construction legislature in a statute correctly
and interpretation of a law. The letter express its intent or will and preclude
of the law gives way to the true intent the court from construing it
of the legislature. And when a statute differently. (Globe-Mackay vs NLRC
is susceptible of more than one et al)
construction, the Courts shall adopt
the construction which will most tend
 understand by implication to contain
all such provision as may be
3. EXCEPTION TO THE GENERAL
necessary to effectuate to its object
RULE: RATIO LEGIS (Spirit of
and purpose, or to make effective
the Law)
rights, powers, privileges or
What is Ratio Legis Est Anima Legis? jurisdiction which it grants, including
all such collateral and subsidiary
 The spirit rather than the letter of the consequences as may be fairly and
law. A statute must be read according logically inferred from its terms.
to its spirit or intent, for what is within (Chua vs CSC) The principle is
the spirit is within the statute expressed in the maxim EX
although it is not within its letter, and NECESSITATE LEGIS or from the
that which is within the letter but not necessity of the law.
within the spirit is not within the
statute. Put a bit differently, that  The doctrine of implications means
which is within the intent of the that that which is plainly implied in
lawmaker is as much within the the language of a statute is as much
statute as if within the letter; and that a part of it as that which is expressed.
which is within the letter of the (City of Manila et al. vs Judge Gomez
statute is not within the statute et al)
unless within the intent of the
lawmakers. Withal, courts ought not
to interpret and should not accept an When does the doctrine of necessary
interpretation that would defeat the implication come in?
intent of the law and its legislators.
 The rules of statutory construction
 The legislative intent is not at all use the doctrine of necessary
times accurately reflected in the implication to fill in the gap of the law.
manner in which the resulting law is Every statute is understood, by
couched. Thus, applying a verba legis implication, to contain all such
or strictly literal interpretation of a provisions as may be necessary to
statute may render it meaningless effectuate its object and purpose, or
and lead to inconvenience, an absurd to make effective rights, powers,
situation or injustice. privileges or jurisdiction which it
grants, including all such collateral
and subsidiary consequences as may
Article 10 of the New Civil Code be fairly and logically inferred from its
terms. (Pepsi-Cola Products,
 “In case of doubt in the interpretation Philippines, Inc. vs Secretary of
or application of laws, it is presumed Labor, et al)
that the lawmaking body intended
right and justice to prevail.”
5. CASSUS OMISSUS

4. DOCTRINE OF NECESSARY What is Casus Omissus?

IMPLCATIONS
 Casus Omissus Pro Omisso Habendus
What is the Doctrine of Necessary Est, under the said rule, a person,
Implication? object or thing omitted from an
enumeration must be held to have
 Doctrine of Necessary Implication been omitted intentionally, this it will
states that what is implied in a statute apply only when the omission is
is as much a part thereof as that clearly established.
which is expressed. Every statute is
When is Cassus Omissus applicable?

 Also, the maxim casus omisus can

operate and be applied only if and
when the omission has been clearly
established. In the case under
consideration, it has already been
shown that the legislature did not
exclude or omit justices of the peace
from the enumeration of officers
precluded from engaging in partisan
political activities. Rather, they were
merely called by another term. In the
new law, or Section 54 of the Revised
Election Code, justices of the peace
were just called judges. (People of
the Philippines vs Manantan)

6. STARE DECISIS

What is Stare Decisis?

 This a doctrine that follows the past

precedent, and does not disturb what
had been settled on previous merits
of the case, therefore, in cases where
facts are substantially the same,
regardless of parties and properties,
the court shall apply the same ruling.