TIAMSON, CHRISTINE GIA

1LM1

1.State the title of the case

• Bautista v Murillo 31 Jan 1936 [G.R. No. L-13374. January 31, 1962.]

2.In not more than 2 sentences, state the principle of this case relevant to
Statutory construction

• The legislation says that “When the law speaks in clear and categorical
language, there is no room for construction or interpretation, only for
application” because the term “causal employee” still falls under the scope of
“laborer” according to the law.

3.What are the facts of the case relevant to Statutory construction (in BULLET
FORM)

• The referee rendered the decision that Murillo “"while not being a regular
employee, was impliedly employed as a `casual' laborer to help in the
construction of the building connected with respondent's business by
performing odd jobs in connection with said building construction." He
directed Bautista to pay Murillo a sum of P699.56 as a disability compensation
and P7.00 to the Commission as fees pursuant to the provisions of Section 55
of the Workmen’s Compensation Act.
• Section 39 (b) of the Workmen's Compensation Act provides:
• "'Laborer' is used as a synonym of `employee' and means every person who
has entered the employment of, or works under a service or apprenticeship
contract for an employer. It does not include a person whose employment is
purely casual and is not for the purposes of the occupation or business of the
employer. . . ."

4.State the issue(s) relevant to statutory construction ?

 • The question now to be determined is: being a casual employee can he be
considered a laborer within the meaning of the law? Being a casual laborer is
he entitled to compensation?

5.What is the ruling of the court relevant to Statutory Construction ?

• As a casual employee engaged in the business of the respondent, the Court

held that the claimant (Murillo) is still covered by the Workmen’s
Compensation Act.
• WHEREFORE, the decision appealed from as affirmed by the Workmen's
Compensation Commission in its resolution dated December 19, 1957, is hereby
affirmed, without pronouncement as to costs.

1.State the title of the case

• TONY CAUDAL, petitioner, vs. HON. COURT OF APPEALS, HON. REMEGIO

E. ZARI, PRESIDING JUDGE, REGIONAL TRIAL COURT, NATIONAL
CAPITAL JUDICIAL REGION, Branch 98, QUEZON CITY, and DIONISIO
O. CU, respondents. [G.R. No. 83414. July 31, 1989.]

2.In not more than 2 sentences, state the principle of this case relevant to
Statutory construction
• The legislative intent should be ascertained from the whole statute hence whatever
phrases, clauses that are present in the statute must not be considered as foreign
expressions because each part of the statute must be construed as a whole. When
interpreting statutes, terms or words should be interpreted in their meaning as how
they were used in the statute .

3.What are the facts of the case relevant to Statutory construction (in BULLET
FORM)
 • The term "residential unit," will be based in the Rental Law Batas Pambansa
877. aid law in defining the term "residential unit" states:
o "Sec. 2 (b):
o "Residential Unit — refers to an apartment, house and/or land on which
another's dwelling is located used for residential purposes and shall
include not only buildings, parts or units thereof used solely as dwelling
places, except . . . but also those used for home industries, retail stores
or other business purposes if the owner thereof and his family actually
live therein and use it principally for dwelling purposes: Provided, that
in the case of a retail store, home industry or business, the initial
capitalization thereof shall not exceed five thousand pesos (P5,000.00)
and Provided, further, that in the operation of the store, home industry
or business, the owner thereof shall not require the services of any
person other than the members of his household. (Emphasis ours.)

4.State the issue(s) relevant to statutory construction ?

• The issue in this case is on the definition of the term “residential unit’ under
the Rental Law.
• Also, whether Cu has the right to eject Caudal from the unit which Caudal was
renting with his immediate family.

5.What is the ruling of the court relevant to Statutory Construction ?

• The Supreme Court ruled that the definition of “residential unit” and it is not
necessary that it be used only as a residential purposes.
• The word “residence” according to the law is not confined for habitation
purposes only. It allows liberality because it can serve as a home industry and
retail store.
o The abode can be used as a residence for people rendering services to
the owner of the abode.

1.State the title of the case

 • JMM Promotions and Management INC vs NLRC and Ulpiano L. Delos Santos,
Respondents

2.In not more than 2 sentences, state the principle of this case relevant to
Statutory construction

• A statute must be construed in such way so as to render it effective. Some

provisions should take effect in such way that it needs not to be destroyed.

3.What are the facts of the case relevant to Statutory construction (in BULLET
FORM)
• The petitioner (JMM Promotions and Management, Inc.) argued that the
appeal bond is not needed for cases relating to labor matters involving
recruiters who are licensed for recruiting overseas employment because they
were required to post a cash bond of P100, 000 and a surety bond of P50, 000.

• The Solicitor General agreed to the appeal bond requirement but said that
NLRC Rules are only applicable based on the decisions of the Labor Arbiter
but not of the POEA.

4.State the issue(s) relevant to statutory construction ?

• The question is, having posted the total bond of P150,000.00 and placed in
escrow the amount of P200,000.00 as required by the POEA Rules, was the
petitioner still required to post an appeal bond to perfect its appeal from a
decision of the POEA to the NLRC?LLjur

5.What is the ruling of the court relevant to Statutory Construction ?

o The court rejected JMM Promotion’s appeal that it would nullify POEA
Rules, Section 6 which requires the filing of a bond. It is stated that
construction would make a provision ineffective should be avoided.
1.State the title of the case

o Martin Centeno vs. Hon. Victoria Villalon- Pornillos

2.In not more than 2 sentences, state the principle of this case relevant to
Statutory construction
o It is said that anti-social acts should be penalized, a clear and unambiguous
definition of the acts constituting the punishable offense must be provided.
Also, the law states that if a statute or a law does not include a term or a
provision, therefore it excludes.

3.What are the facts of the case relevant to Statutory construction (in BULLET
FORM)
• The petitioners (officers of Samahang Katandaan ng Nayon ng Tikay) launched a fund
drive in 1985 for the renovation of their chapel in Bulacan.
• The petitioners solicited without a permit from DSWD that is why Hon. Adoracion G.
Angeles filed a complaint against the petitioners for violating P.D. 1564 (Solicitation
Permit Law).
• The petitioners claim that the phrase “religious purpose” is not covered by the
provisions of the statute(P.D. 1564) stating that if the law does not include, it
excludes.

4.State the issue(s) relevant to statutory construction ?

• The issue here is WON the term “charitable purposes” must be interpreted in a
broader sense where it could be capable of involving religious purposes.

5.What is the ruling of the court relevant to Statutory Construction ?

o According to the Court, even when religious purposes are considered
charitable, not all charitable purposes are religious. Hence, “charitable” has
a broad meaning and is capable of many significations.

1.State the title of the case

• Yu Cong Eng et, al vs Trinidad, Collector of Internal Revenue
2.In not more than 2 sentences, state the principle of this case relevant to
Statutory construction
• A basic rule in construction is that all statutes must be construed in a manner
consistent with the Constitution because it is the fundamental law of the land
and all must be favorable to the constitution. All statutes that are contrary
to the law are deemed void.

3.What are the facts of the case relevant to Statutory construction (in BULLET
FORM)
o An act was passed on 1921 which is known as the Chinese Bookkeeping Law (Act
No. 2972) restricting the account of books must not be in any foreign language
(English, Spanish, or any dialect) or else a penalty will be imposed of a fine not
more than 10K or an imprisonment of 2 years.
o BIR inspected the books of account of Yu Cong Eng where these were deemed not
in accordance to Act 2927.
o Yu Cong Eng’s defense when a criminal case was filed against him for keeping his
books of accounts in Chinese:
o He is a Chinese merchant and doubted the constitutionality of the Chinese
Bookkeeping Law

Interpretations:
• It is unlawful for any Chinese merchant to keep his account books in any
language other than English, Spanish or a local dialect. The law can be
interpreted but it might deem the law unconstitutional.
• Chinese merchants can keep another set of books in either English, Spanish
or any other dialect.

4.State the issue(s) relevant to statutory construction ?

o WON Act No. 2972is constitutional?

5.What is the ruling of the court relevant to Statutory Construction ?

o Act No. 2972 is a fiscal measure designed to restrict all merchants of
foreign nationality including the Chinese from making books of account
that will be subject to inspection for taxation purposes. These can only
be written in English, Spanish or any local dialect.