How to construe "may" and "shall"?

TOPIC

1. Interpretation of "shall" and "may"  

Moncayo vs. Moncayo

FACTS:

The subject of the statutory construction here is Section 5(4) of the A.M. No. 02-11-10-SC or the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages. 

On June 4, 2018, Edwin filed a petition to declare his marriage with Aileen void for having been solemnized without a marriage license as required under Article 35(3) of the Family Code. He alleged that the ML does not exist and was not presented before the solemnizing officer.

Aileen prayed for the outright dismissal of Edwin's Petition on the ground that Edwin failed to serve a copy of his petition to the OSG and the OCP within 5 days from filing. Under Section 5 of A.M. No. 02-11-10-SC:

SECTION 5. Contents and Form of Petition.

—

. . .

xxx xxx xxx

(4) It shall be filed in six copies. The petitioner shall serve a copy of the petition on the Office of the Solicitor General and the Office of the City or Provincial Prosecutor, within five days from the date of its filing and submit to the court proof of such service within the same period.

Failure to comply with any of the preceding requirements may be ground for immediate dismissal of the petition.

ISSUE:

Whether or not the belated compliance with Section 5 of A.M. No. 02-11-10-SC warrants outright dismissal of the Petition. 

RULING:

No.

Under the rules on statutory construction, the word "shall" means imperative and not permissive, though it may have the latter meaning when required by the context.

In this case, it is imperative for the petitioner in the Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages to serve a copy of the petition to the OSG and the OCP within 5 days from the filing of the petition. However, the use of the word, "may" in relation to the petition's dismissal in case of failure to comply means that the "shall" is meant to be interpreted to be consistent with the use of discretion. 

Therefore, the belated compliance with Section 5 of A.M. No. 02-11-10-SC does not warrant outright dismissal as the same belongs to the discretion of the court.

  

When do courts resort to the journals and other records of Congress for proof of the bill's due enactment?

       TOPICS:

1. Enrolled bill doctrine
2. Congressional journals

Astorga vs. Villegas

FACTS:

Prior to its approval, HB 9266, a bill of local application, went into several amendments in the Senate. During the deliberation in the Senate Committee on Provinces and Municipal Governments and Cities, Senator Roxas recommended that the President Protempore of the Municipal Board, instead of the City Engineer, should succeed the Vice-Mayor in case of the latter's incapacity to act as Mayor. Moreover, during the second reading, Senator Tolentino introduced further amendments. 

Eventually, the Tolentino amendments, which were actually approved by the Senate, were not reflected in the bill certified and attested by the Secretary of the HoR, Speaker of the House, the Secretary of the Senate, and the Senate President. 

HB 9266 then became Republic Act 4065, "An Act Defining the Powers, Rights and Duties of the Vice-Mayor of the City of Manila, Further Amending for the Purpose Sections Ten and Eleven of Republic Act Numbered Four Hundred Nine, as Amended, Otherwise Known as the Revised Charter of the City of Manila."

Senator Tolentino reacted that the President signed the wrong version of the bill. The Senate President, through the Secretary of the Senate, invalidated their signatures in the enrolled bill. In effect, the President communicated to the presiding officers of both Houses that he was officially withdrawing his signature. 

Manila Mayor Villegas implemented circulars disregarding the provisions of RA 4065 and recalled actions brought under the authority of the law. Vice-Mayor Astorga objected and sought the application of the law. In addition, when the Mayor was on an official trip, the court enjoined the Vice-Mayor from exercising the powers of an Acting Mayor conferred upon RA 4065. 

ISSUE:

Whether or not RA 4065 took effect. 

RULING: 

No, RA 4065 did not take effect. 

Under the rules on statutory construction, if the attestation is absent, courts may resort to the journals and other records of the Congress for proof of its due enactment. 

In this case, when the Senate President and the Secretary of the Senate withdrew their signatures to the enrolled bill, HB 9266, the Court resorted to the journal of the proceedings of the Congress, which discloses the approval made but were not incorporated in the printed text sent to the President. 

Thus, when the approval disclosed in the journal was not reflected in the enrolled bill, the bill was deemed to have not been duly enacted and did not become a law. Therefore, RA 4065 did not take effect. 

  

What are the grounds for changing the list of nominees submitted to the COMELEC by a paty-list organization?

      TOPICS:

1. Grounds for changing the order of nominees in the party-list organization.
2. Requisites of a valid IRR  

Lokin, Jr. vs. COMELEC

FACTS:

Citizens' Battle Against Corruption (CIBAC), through its President, Joel Villanueva, filed a certificate of nomination, substitution, and amendment of the list of their nominees for the 2007 elections. 

As submitted before the COMELEC, CIBAC's nominees are in the following order: Villanueva, Lokin, Cruz-Gonzales, Tugna, and Galang. However, Villanueva sought that COMELEC confirm the withdrawal of the nominations of Lokin, Tugna, and Galang, and approve the following new nominees in the following order: Villanueva, Cruz-Gonzales, and Borje. 

The COMELEC approved the new nominees by virtue of COMELEC Resolution No. 7804. Section 13 of COMELEC Resolution No. 7804 recognizes the withdrawal of a nominee by the party as one of the exceptions in the general rule that no change of names or alteration of the order of nominees shall be allowed after the same shall have been submitted to the COMELEC.

ISSUE:

Whether or not COMELEC's Resolution No. 7804 approving CIBAC's petition for withdrawal of the nominations of Lokin and others and its substitution of them with new nominees was valid. 

RULING: 

I. 

No, COMELEC Resolution No. 7804, which approves CIBAC's petition for withdrawal, nomination, and substitution, is not valid. 

The Supreme Court ruled that an administrative agency cannot amend an act of Congress, for administrative IRRs are solely intended to carry out, not to supplant or to modify, the law.

In this case, Section 8 of R.A. No. 7941 exclusively enumerates the three instances in which the party-list organization can substitute another person in place of the nominee whose name has been submitted to the COMELEC, namely: (a) when the nominee dies; (b) when the nominee withdraws in writing his nomination; and (c) when the nominee becomes incapacitated." However, Section 13 of the COMELEC Resolution No. 7804 expanded the exceptions under Section 8 of R.A. No. 7941 when it added "withdrawal by the party" as a ground for substituting a nominee in a party-list. 

Therefore, the inclusion of withdrawal by the party as among the exceptions exclusively enumerated under the law is invalid. Thus, approval of the petition of CIBAC to withdraw Lokin as one of its nominees is invalid. 

  

Which should prevail in case of conflict between a statute and an administrative regulation?

       TOPIC:

1. Which should prevail in case of conflict between a statute and an administrative regulation?
2. Other benefits (in the statute) vs. Other wage-related benefits (in the admin regulation)

Guagua National Colleges (GNC) vs. Guagua National Colleges (GNC) Faculty Labor Union and Non-Teaching and Maintenance Labor Unions 

FACTS:

Respondents Guagua National Colleges (GNC) Faculty Labor Union and Non-Teaching and Maintenance Labor Unions demanded GNC that the 70% of the tuition fee incremental proceeds (TIP) should be allocated to the payment of salaries or wages of the faculty and all other employees of the school under Section 182 (b) of the 2010 Revised Manual of Regulations for Private Schools in Basic Education (2010 Revised Manual). 

Petitioner GNC argued that the school management has discretion on the allocation of the 70% of the TIP. Petitioner stressed that RA 6728 is controlling in the manner of the distribution. 

Under Section 5(2) of R.A. 6728, 70% of the amount subsidized allotted for tuition fee or of the tuition fee increases shall go to the payment of salaries, wages, allowances allotted for tuition fee or of the tuition fee increases shall go to the payment of salaries, wages, allowances and other benefits of teaching and non-teaching personnel.

However, DECS Order No. 15, s. 1992 provides that the minimum of 70% incremental proceeds shall be added to the salaries/wages/allowances and other wage-related benefits. In effect, the guidelines issued under DECS Order No. 15, series of 1992 on the allocation of the 70% incremental proceeds under RA 6728 restricted the scope of "other benefits" by limiting its applicability to "wage-related benefits," which the law itself does not require. 

The Voluntary Arbitrator ruled in favor of the respondent labor unions. The VA ruled that administrative regulations and policies enacted by administrative bodies to interpret the law that they are entrusted to enforce have the force of law and are entitled to great weight and respect. In this case, the Department of Education Culture and Sports (DECS) is the agency tasked to implement RA 6728. Thus, DECS Order No. 15, series of 1992 (Guidelines on the Allocation of the Minimum 70% and 20% Incremental Proceeds Required under RA No. 6728) and subsequently, the 2010 Revised Manual, should prevail. 

The term "other benefits," as used in Section 5 (2) of RA 6728, should be interpreted as "wage-related benefits" or one that is immediately available or may be availed of by the employee while he is still working with the employer. A retirement plan is not a "wage-related benefit," since a Retirement Plan provides benefits to employees upon retirement; it does not provide immediate benefit or relief that may be availed of while the employee is still working. Subsequently, the CA affirmed the decision of the VA. 

ISSUE:

Whether or not the term "other benefits" under RA 6728 should only refer to "wage-related benefits" under DECS Order No. 15, s. 1992. 

RULING: 

No. 

Jurisprudence provides that a law is controlling and cannot be amended by an administrative rule or regulation. Hence, in case of conflict, the law prevails over the administrative regulations implementing it. 

In this case, RA 6728 does not qualify the term "other benefits," contrary to DECS Order No. 15, s. 1992, which limits the increase to "wage-related benefits" only. Thus, the allocation of a portion of the 70% TIP for the employees' retirement plan, which is clearly intended for the benefit of the employees, falls under the category of "other benefits" as provided under the law. 

Therefore, the increase in the retirement plan is permissible under RA 6728. 

  

Which should prevail when conflicts arise between an administrative regulation and a statute?

      TOPIC:

1. Which should prevail in case of conflict between a statute and an administrative regulation?
2. What does basic salary mean?

Boie-Takeda Chemicals, Inc. vs. De la Serna

FACTS:

Petitioner Boie-Takeda Chemicals, Inc. was allegedly found by the Department of Labor and Employment to have committed an underpayment of the 13th month pay given to its medical representative employees. 

DOLE cited Section 5(a) of the Revised Guidelines on the Implementation of PD 851 or the 13th Month Pay Law, as promulgated by then Labor Secretary Franklin Drilon. Under Section 5(a) of the Revised Guidelines, the "commission shall be included in the computation of the 13th month pay".

Petitioner argued that the computation of the 13th month pay which is 1/12 of the basic salary should be based solely on the basic salary not including the commission and other benefits.  

ISSUE:

Whether or not the DOLE Revised Guidelines on the Implementation of the 13th Month Pay Law should prevail over P.D. 851. 

RULING: 

No, the DOLE Revised Guidelines on the Implementation of the 13th Month Pay Law do not prevail over P.D. 851.

Under the rules on statutory construction, an administrative agency cannot amend an act of Congress. Hence, implementing rules cannot add to or detract from the provisions of the law it is designed to implement.

In this case, the second paragraph of Section 5(a) of the DOLE Revised Guidelines on the Implementation of the 13th Month Pay Law unduly added the concept of "basic salary" as defined in P.D. 851 when it included the commission as part of the basic salary for purposes of computation of the 13th month pay. 

Therefore, the computation for the 13th month pay as provided in the Revised Guidelines is not valid.