Regalado vs Yulo

G.R No. L-42935 February 15,1935

Facts:
Petitioner qualified for the office of justice of the peace of Malinao, Albay on
1906. The judge of first instance of Albay
acting in accordance with intructions from the Secretart of Justice, designated the
respodent as a justice of peace of
Malinao, Albay on 1934. The petitioner surrendered the office under protest. The
petitioner insist that the law is clear and
accordingly needs no interpretation when AC Act No. 3899 took effect on 1931.
The respondent, admits that the provisions of the second proviso added to secion
203
of the Administrative code Act. No. 3899, are not very specific, but the intention
of the law that places the provis on question
whether all justice of the peace and auxiliary justices of peace, whether appointed
prior to the approval of the Act or
subsequent, who had completed the age of sixty-five years of age at the time of the
approval of the Act, and those who
shall complete thereafter, shall cease to hold office.

Issue:
Whether or not the petitioner, age of sixty-five years after the said Act took
effect shall cease to hold the office.

Ruling:

The enacting of Act No. 3899, was to correct the phraseology of the first proviso
and to place justices of the peace and
auxiliary justices of the peace on the same footing as regards their cessation from
office by reason of age. The intent
of the Legislature is the intent expressed in the words of the statute. The court
cannot assume some purpose in no way
expressed and then construe the statue to accomplish the supposed intention.
Supposing the court give to the phrase
"within the time this Act is effective". The court reached the barrier that
petitioner within the time the Act was effective
must have completed sixty-five years of age on 1st of January 1933. The petitioner
having become sixty-five years of age
on September 13, 1934, subsequent to the approval of the Act, on November 16, 1931,
by law required to cease to hold
office on January 1, 1934 is not affected by the said Act. WHEREFORE, the respodent
be ousted from the office and the
petitioner be placed in possession of the same without special pronouncement.