Lawren

  Well known is the rule of statutory construction to the effect that a statute clear and unambiguous on its face need not be interpreted. Daoang v. Municipal Judge of San Nicolas GR L-34568, 28 March 1988 (159 SCRA 369) Second Division, Padilla (p): 4 concurring Facts: Spouses Antero and Amanda Agonoy filed a petition with the Municipal Court of San Nicolas, Ilocos Norte seeking the adoption of minors Quirino Bonilla and Wilson Marcos. However, minors Roderick and Rommel Daoang (grandchilfren of Agonoy), assisted by their father and guardian ad litem, the petitioners herein filed an opposition to the said adoption. They contended that the spouses Antero and Amanda Agonoy had a legitimate daughter named Estrella Agonoy, mother of siblings Daoang, who died on 1 March 1971, and therefore said spouses were disqualified to adopt under Article 335 of the Civil Code, Art. 335. The following cannot adopt: (1) Those who have legitimate, legitimated, acknowledged natural children,...

  Court, ruled that another basic principle of statutory construction mandates that general legislation must give way to special legislation on the same subject, and generally be so interpreted as to embrace only cases in which the special provisions are not applicable (Sto. Domingo v. De los Angeles, 96 SCRA 139),. that specific statute prevails over a general statute (De Jesus v. People, 120 SCRA 760) and that where two statutes are of equal theoretical application to a particular case, the one designed therefor specially should prevail (Wil Wilhensen, Inc. v. Baluyot, 83 SCRA 38)   LEVERIZA et al  vs. IAC, Mobil oil and CAA G.R. No. L-66614 January 25, 1988   FACTS:  Around three contracts of lease resolve the basic issues in the instant case: Contract A  — a lease contract of April 2, 1965 between the Republic of the Philippines, represented by Civil Aeronautics Administration (CAA)  and. Leveriza over a parcel of land containing an a...

  It is the first and fundamental duty of courts to apply the law; Construction and interpretation come only after it has been demonstrated that application is impossible or inadequate without them. The law cannot be any clearer, there being no provision made for a secret agent. People v. Mapa GR L-22301, 30 August 1967 (20 SCRA 1164) En Banc, Fernando (p): 9 concur Facts: Mario M. Mapa was charged for illegal possession of firearm and ammunition in an information dated 14 August 1962 in violation of Section 878 of the Revise Administrative Code in connection with Section 2692 of the Revised Administrative Code, as amended by CA 56 and as further amended by RA 4. Accused admits to possession of firearm on ground of being a secret agent of Governor Feliciano Leviste of Batangas. On 27 November 1963, the lower court rendered a decision convicting the accused of the crime and sentenced him to imprisonment for one year and one day to two years. As the appeal involves a question o...

    PARAS v COMELEC G.R. No. 123169 Facts: Petitioner is an elected barangay chairman of Pula, Cabanatuan City in 1994. Sometime in October 1995, a petition for his recall as Punong Barangay was filed by his constituents. Public respondent COMELEC resolved to approve the petition and set the recall election on November 13. In view of the petitioner’s opposition, COMELEC deferred the election and rescheduled it on December 16, 1995. To prevent the recall election from taking place, the petitioner filed a petition for injunction before the RTC. The trial court issued a TRO. After conducting a summary hearing, the court dismissed the petition and lifted the restraining order. The public respondent on a resolution date January 5, 1996, rescheduled the recall election to be held January 13, 1996. Hence, this petition for certiorari. The petitioner argues the pursuant to Section 74b of the Local Government code: “no recall shall take place within one (1) year from the date...