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  • Almeda Vs Florentino Digest

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    Tin Sagmon
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    This document discusses the interpretation of laws and statutes in relation to a constitution. It provides guidance on how to interpret laws in a way that is consistent with the constitution. When a law can be interpreted in two ways, one that is constitutional or one that is not, courts should favor the constitutional interpretation. The document also summarizes a specific case, Almeda v. Florentino, which dealt with the appointment of a municipal board secretary under two different laws. The court ultimately dismissed the case, finding that the newer law did not override the provision in the original law regarding appointment of the secretary.

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    Almeda vs Florentino Digest

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    This document discusses the interpretation of laws and statutes in relation to a constitution. It provides guidance on how to interpret laws in a way that is consistent with the constitution. When a law can be interpreted in two ways, one that is constitutional or one that is not, courts should favor the constitutional interpretation. The document also summarizes a specific case, Almeda v. Florentino, which dealt with the appointment of a municipal board secretary under two different laws. The court ultimately dismissed the case, finding that the newer law did not override the provision in the original law regarding appointment of the secretary.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    481 views2 pages

    Almeda Vs Florentino Digest

    Uploaded by

    Tin Sagmon
    This document discusses the interpretation of laws and statutes in relation to a constitution. It provides guidance on how to interpret laws in a way that is consistent with the constitution. When a law can be interpreted in two ways, one that is constitutional or one that is not, courts should favor the constitutional interpretation. The document also summarizes a specific case, Almeda v. Florentino, which dealt with the appointment of a municipal board secretary under two different laws. The court ultimately dismissed the case, finding that the newer law did not override the provision in the original law regarding appointment of the secretary.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    of 2

    Almedav.

    Florentino
    Lawthemunicipalboardshallhaveasecretarywhoshallbeappointedbyittoserveduring
    thetermofofficeofthemembersthereof
    Amendmentthevicemayorshallappointallemployeesoftheboardwhomaybesuspended
    orremovedinaccordancewithlaw
    ConstructionofbothLawandAmendmentthepowerofthevicemayortomakeappointment
    pursuanttotheamendatoryactislimitedtotheappointmentofallemployeesoftheboardother
    thantheboardsecretarywhoistobeappointedbytheboarditself

    StatuteconstruedinharmonywiththeConstitution
    Constitutionthefundamentallawtowhichalllawsaresubservient
    GeneralRule:Donotinterpretastatuteindependentfromtheconstitution
    Construethestatuteinharmonywiththefundamentallaw:Why?Becauseitisalways
    presumedthatthelegislatureadheredtotheconstitutionallimitationswhentheyenactedthe
    statute
    Itisalsoimportanttounderstandastatuteinlightoftheconstitutionandtoavoidinterpreting
    theformerinconflictwiththelatter
    Whatifthestatuteissusceptibletotwoconstructions,oneisconstitutionalandtheotheris
    unconstitutional?A:Theconstructionthatshouldbeadoptedshouldbetheonethatis
    constitutionalandtheonethatwillrenderitinvalidshouldberejected.
    TheCourtshouldfavortheconstructionthatgivesastatuteofsurvivingthetestof
    constitutionality
    TheCourtcannotinordertobringastatutewithinthefundamentallaw,amenditby
    construction

    DIGEST

    Facts:
    RA183,thecharterofPasayCity(enactedJune21,1947),providesinitsSec.14that"the
    Boardshallhaveasecretarywhoshallbeappointedbyittoserveduringthetermoftheoffice
    ofthemembersthereof."OnJune18,1960,RA2709amendedSec.12ofRA183.Onthe
    strengthofPar.2Sec12ofthePasayCityCharter,asamended,theViceMayorofPasayCity
    appointedpetitionerAlmedaassecretaryoftheMunicipalBoardofthesaidCity.Theverynext
    day,theBoardrefusedtorecognizedPetitionerasitssecretaryand,inturn,appointed
    RespondentFlorentinototheposition,purportedlyunderSec.14oftheCityCharter.

    Issue:
    WhichlawappliesonthematterofappointmentoftheSecretaryoftheMunicipalBoardof
    PasayCity.

    Held:
    Thepetitionwasdismissed.ThereisnothinginRA2709thatindicatesanyintentiononthepart

    oftheLegislaturetorepeal,alter,ormodifyinanywaytheprovisionsofSec.14ofR.A183.
    Repealsbyimplicationsarenotfavored,unlessitismanifestedthatthelegislaturesointended.

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