Case Facts Lower Court Ruling Issue Ruling

G.R. No. L-12088 - June 8, 1954, Marantao, Lanao – ac- Court of First In- WON accused The governor has no authority to confer
December 23, 1959 cused willfully, unlawfully, and felo- stance of Lanao - has legal right to such license insofar as possession of
niously keep and have in his custody one Accused was con- own such firearm firearm is concerned. But, sec. 879 of the
Pp. v. Moro Sumaguina Riot Gun, Winchester, 12 GA, SN: victed of the crime of as an appointed Revised Administrative Code provides
Macarandang 924131, with 8 ammunitions without li- illegal possession of secret agent of that “peace officers” are exempted from
cense/permit. firearms Governor Di- the requirements of license issuance. Se-
Paras, C.J. - October 1, 1953 – accused was ap- makuta. cret agent falls within the category of
pointed as secret agent by Governor Di- “peace officers” equivalent to MPO.
makuta for peace and order campaigns
and detention of crimes. Decision of lower courts is reversed and
accused acquitted.
G.R. No. L-22301 - August 13, 1962, Manila City – ac- Convicted accused of WON accused No. While accused relied on Pp. v.
August 30, 1967 cused willfully, unlawfully, and felo- the crime of illegal has legal right to Macarandang, the law is clear. No provi-
niously have in his possession and under possession of firearm, own such firearm sion is made for such secret agent. Re-
Pp. v. Mario Mapa y Mapu- his control and custody 1 home-made re- sentenced him to an as an appointed liance is misplaced. The law is clear as
long. volver (paltik), Cal. 22 with 6 ammuni- indeterminate penalty secret agent of mandated by statutory provision.
tions without license/permit. of 1 year &1 day to 2 Gov. Leviste.
Fernando, J. - June 2, 1962 – accused was appointed years. Ammunition
secret agent by Governor Feliciano Lev- was confiscated.
iste.
G.R. No. L-30061 - September 5, 1964, 5:00 pm, Batan- December 27, 1968, WON accused Yes. Judgment of LC is reversed and ac-
February 27, 1974 gas, Batangas - accused willfully, un- Municipal Court of has legal right to cused acquitted.
lawfully, and feloniously keep in his pos- Batangas – held ac- own such firearm
Pp. v. Jose Jabinal y Carmen session under his custody and control a cused criminally li- as an appointed "legis interpretatio legis vim obtinet" —
revolver cal. 22, RG8 German made with able for illegal pos- secret agent of the interpretation placed upon the written
Antonio, J. 1 ammunition and 4 empty shells without session of firearm, re- Gov. Leviste and law by a competent court has the force of
permit/license. versing Macarandang appointed confi- law.
- December 10, 1962 - accused was ap- and Lucero cases, and dential agent of
pointed secret agent by Gov. Feliciano considered Mapa the Provincial While Mapa case interpretation has the
Leviste in the preservation of peace and case. Mitigating cir- Commander. force and effect of the law, it cannot be
order. cumstances included applied retroactively but prospectively.
-March 15, 1964 – accused was ap- his appointments as Thus, cannot be applied to Pp. v. Jabinal.
pointed confidential agent by the Provin- secret and confiden-
cial Commander of Batangas to provide tial agent. Doctrine took effect 1967, while Jabi-
info about smuggling, wanted persons, nal’s possession of firearm was found in
loose firearms, subversives, and the 1964.

G.R. No. L-22291 Novem-
ber 15, 1976
Pp. v. Jose Santayana y Es-
cudero
Concepcion, Jr., J.
likes.
- October 29, 1962, Plaza Miranda – ac- CIF of Manila - Ac- WON the subject No. MC does not have sole jurisdiction
cused was found with one pistol Melior cused was convicted is exclusively over the subject. CFI of Manila have au-
SN: 122137 with 1 mag and stock. Inves- of the crime of illegal within the juris- thority to take cognizance of such case
tigation was conducted and complaint possession of firearm diction of Mu- pursuant to sec. 44 of RA 296.
was filed against the accused. with its correspond- nicipal Court
-February 1962 – accused was appointed ing penalty. pursuant to RA Yes. Macarandang case was upheld. The
special agent Col. Jose C. Maristela, 2613. Doctrine in the Mapa revoked Macaran-
chief of the CIS. dang only on August 30, 1967.
WON the ap- Decision of the LC is reversed and ac-
pointment of the cused acquitted.
appellant autho-
rizes him to
carry such
firearm.

Notes from STATUTORY CONSTRUCTION by Judge Noli Diaz

CHAPTER 1
STATUTORY CONSTRUCTION - act or process or process of discovering and expounding the meaning and intention of the authors of the law
with respect to its application to a given case, where that intention is rendered doubtful, among others, by reason of the fact that the given case is
not explicitly provided in the law.
STATUTORY CONSTRUCTION vs JUDICIAL LEGISLATION

STATUTORY CONSTRUCTION JUDICIAL LEGISLATION

art of seeking the intention of the the process of when a statute is invoked
legislature in enacting a statute and and different interpretations are in
applying it to a given set of facts contention (two or more interpretations)

CONSTRUCTION vs INTERPRETATION
 CONSTRUCTION INTERPRETATION
The drawing of conclusions making use of Process of the true meaning of language
intristic aids used

* SITUS OF CONSTRUCTION AND INTERPRETATION OF WRITTEN LAWS BELONG TO THE JUDICIAL DEPARTMENT. IT IS THE
DUTY OF THE COURTS OF JUSTICE TO SETTLE ACTUAL CONTROVERSIES INVOLVING RIGHTS WHICH ARE LEGALLY
DEMANDABLE AND ENFORCEABLE AND TO DETERMINE WHETHER OR NOT THERE IS A GRAVE ABUSE OF DISCRETION
AMOUNG TO LACK OR EXCESS JURISDICTION ON THE PART OF ANY BRANCH OR INSTRUMENTALITY OF GOVERNMENT.
Requisites: Duty of Court to construe and interpret the law
1. There must be an actual case or controversy;
2. There is an ambiguity in the law involved in the controversy
*ambiguity exists if reasonable persons can find different meanings in a statute, document
*IF THE LAW IS CLEAR AND UNEQUIVOCAL, the COURT HAS TO APPLY THE LAW AND NOT INTERPRET

KINDS OF INTERPRETATIONS
HERMENEUTICS - the science or art of construction and interpretation
Legal Hermeneutics - the systematic body of rules which are recognized as applicable to the construction and interpretation of legal writings
1. Close interpretation - literal interpretation; narrowest meaning
2. Extensive interpretation - liberal interpretation; more comprehensive
3. Extravagant interpretation - substitutes a meaning evidently beyond the true one; not genuine interpretation
4. Free or unrestricted interpretation - proceeds on the general principle of interpretation in good faith
5. Limited or restricted-influenced by other principles than the strictly hermeneutic ones.
6. Predestined interpretation - takes place when interpreter laboring bias on mind, makes the text subservient to his preconceived views.