Regalado vs Yulo
No. L-42935, February 15, 1935
FELIPE REGALADO, petitioner,
vs.
JOSE YULO, Secretary of Justice, JUAN G. LESACA, Judge of First Instance of Albay, and ESTEBAN T. VILLAR, respondents.
Doctrines:
CONSTRUED.—Taking into consideration the Spanish text of Act No. 3899, amendatory of section 203 of the Administrative Code, as the text which should prevail in the interpretation of the law; taking into consideration the history of the law; taking into consideration the construction of the law by the Department of Justice, and finally taking into consideration the fundamental purpose which may have been in the mind of the Legislature in enacting Act No. 3899, it is yet found impossible to give the law the construction placed upon it by the Government, since to do so would compel the court to rewrite the law and to insert words and phrases not found in it. Regalado vs. Yulo, 61 Phil., 173, No. 42935 February 15, 1935.
STATUTORY CONSTRUCTION; LEGISLATIVE INTENTION; EXTENT OF JUDICIAL POWER.—The intent of the Legislature to be ascertained and enforced is the intent expressed in the words of the statute. If legislative intent is not expressed in some appropriate manner, the courts cannot by interpretation speculate as to an intent and supply a meaning not found in the phraseology of the law. In other words, the courts cannot assume some purpose in no way expressed and then construe the statute to accomplish this supposed intention. ” Regalado vs. Yulo, 61 Phil., 173, No. 42935 February 15, 1935.
Facts:
On April 12, 1906, Felipe Regalado was qualified for the office of justice of peace of Malinao, Albay. On September 13, 1943, Regalado reached his sixty-five years of age. As a result, the judge of first instance of Albay, acting in accordance with instructions from the Secretary of Justice, designated Esteban T. Villar, justice of the peace of Tabaco, Albay, to act as justice of the peace. of Malinao. Albay. With this, Regalado surrendered the office to Villar under protest. He points out that it is written on the Administrative code section 203 which was written in Spanish that the law only those justices of the peace and auxiliary justices of the peace ceased to hold office who had completed sixty-five years of’ age on or before November 16, 1931. When Act. No. 3899 took effect. However, the Solicitor General invites attention to the history of the law and from that history would deduce the legislative intention to be effectuated.
Issue:
Whether or not under the Justices and auxiliary justices appointed prior to the approval of the Act No. 3899 shall cease to hold office upon reaching the sixty-five years of age.
Ruling:
No. The intention of the law should always takes place. In this kind of law language is the main barrier in comprehending the true meaning of the law. Literal transliteration from Spanish text to English is not enough. Hence, “the natural and reasonable meaning of the language used in Act No. 3899 leaves room for no other deduction than that a justice of the peace appointed prior to the approval of the Act and who completed sixty-five years of age on September 13, 1934, subsequent to the approval of the Act, which was on November 16, 1931, and who by the law was required to cease to hold office on January 1, 1933, is not affected by the said Act.”
Read full text
G.R. No. L-28396 (lawphil.net)