BARA LIDASAN VS. COMMISSION ON ELECTIONS, G.R. No. L-28089, October 25, 1967

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VI. LAWS

A. DEFINITIONS

In the study of statutory construction, "law" is understood in two primary ways depending on whether it is viewed as a broad legal system or as a specific legislative act.

One. Law in the Jural and Generic Sense

. Definition of "Statute Law": In its broadest or generic sense, the term refers to Statute Law. This includes not only the written text of the law enacted by the legislature but also the judicial interpretation and application of that enactment.

· Incorporation of Jurisprudence: Under Article Eight of the Civil Code, judicial decisions applying or interpreting the laws or the Constitution form part of the legal system of the Philippines. Thus, in a generic sense, "law" encompasses the body of precedents (stare decisis) that clarify the meaning of statutes,

· Linguistic Application: A term is used in its generic sense when it is unrestricted and comprehensive, intended to include all kinds or categories within that term.

o Example: The word "judge" is generic because it can include judges of diverse courts (CFI, Agrarian, etc.) when not modified by a specific qualifying phrase.

o Example: In the Plunder Law, terms like "bribery" or "malversation" are used as generic terms referring to groups of related matters rather than specific articles of the Penal Code.

Two. Law in the Jural and Specific Sense

Key Comparison for Review

B. PARTS OF A LAW

One. The Title

. Purposes of the One subject-one title requirement

· Test of Sufficiency:

CASE DIGESTS: THE "ONE SUBJECT-ONE TITLE" RULE

BARA LIDASAN VS. COMMISSION ON ELECTIONS, G.R. No. L-two eight zero eight nine, October twenty-five, nineteen sixty-seven

Two. The Enacting Clause

Three. The Preamble

PREAMBLE OF THE EIGHTY-EIGHTY SEVEN PHILIPPINE CONSTITUTION

CASE DIGESTS: THE PREAMBLE AS AN AID TO CONSTRUCTION

THE PEOPLE OF THE PHILIPPINES VS. HON. VICENTE B. ECHAVEZ, JR., ET AL., G.R. Numbers L-four seventy-seven fifty-seven to sixty-one, January twenty-eight, nineteen eighty

Four. The Body or Purview

THE PEOPLE OF THE PHILIPPINES vs. APOLONIO CARLOS, G.R. Number L-two thirty-nine, June thirty, nineteen forty-seven

Five. Separability Clause

CASE DIGEST BARA LIDASAN VS. COMMISSION ON ELECTIONS, G.R. No. L-28089, October twenty-five, nineteen sixty-seven

C. SOME CLASSIFICATIONS

Rule of Construction (The Specific Over the General):

CASE DIGESTS LEON GARCIA VS. FEDERICO PASCUAL, G.R. No. L-16950, December twenty-two, nineteen sixty-one

BUTUAN SAWMILL, INC. versus CITY OF BUTUAN, et al., G.R. Number L-two fifteen sixteen, April twenty-nine, nineteen sixty-six

CITY OF MANILA versus GENARO N. TEOTICO and COURT OF APPEALS, G.R. Number L-two thirty fifty-two, January twenty-nine, nineteen sixty-eight

Two. Mandatory or Directory

Three. Remedial, Penal or Curative Statutes

· Rule of Construction (Retroactivity):

CASE DIGEST CARMEN CASTRO, et al. versus FRANCISCA SAGALES, G.R. Number L-six three five nine, December twenty-nine, nineteen fifty-three

Four. Permanent or Temporary Laws

CONSTITUTIONAL PROVISION MENTIONED

Five. Public or Private Laws

CASE DIGEST

Exceptions to the Rule of Prospectivity:

CASE DIGESTS

VALENTIN CAMACHO, ET AL. vs. THE COURT OF INDUSTRIAL RELATIONS, ET AL., G.R. Number L-one thousand five hundred five, May twelve, nineteen forty-eight

ISSUE: WHETHER Republic Act Number thirty-four can be validly applied to an agricultural year that began prior to its enactment.

Overview

The case of Bara Lidasan vs. Commission on Elections addresses the validity of Republic Act No. 4790, claiming its title is misleading since it does not accurately represent the included territories for the municipality it establishes. The court ultimately ruled the act unconstitutional and void due to this discrepancy.

Key Points

1The title of a statute must accurately reflect its content to comply with constitutional requirements
2The misleading title of Republic Act No. 4790 failed to inform affected parties in Cotabato
3The court ruled that the act's provisions dismembered territories from Cotabato without proper notice
4The "one subject-one title" rule is essential to prevent legislative deception

Details

Category: Law and Legal Studies

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