04/02/2020
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[78] Galarosa v. Valencia, G.R. No. 109455, November 11, 1993, 227 SCRA 731,
746; and Bagatsing v. Committee on Privatization, PNCC, 316 Phil. 404, 429 (1995).
[79] See Tañada v. Cuenco, 103 Phil. 1051, 1075-1076 (1957).
[80] The courts may disregard contemporaneous construction where there is no
ambiguity in the law, where the construction is clearly erroneous, where a strong
reason exists to the contrary, and where the courts have previously given the
statute a different interpretation. (Ruben E. Agpalo, Statutory Construction, 5th ed.,
2003, p. 116.)
[81] The latin phrase stare decisis et non quieta movere means “stand by the thing
and do not disturb the calm.” See Justice Reynato Puno’s Dissenting Opinion in
Lambino v. Commission on Elections (G.R. Nos. 174153 and 174299, October 25,
2006, 505 SCRA 160).
[82] Article 8 of the New Civil Code reads:
Art. 8. Judicial decisions applying or interpreting the laws or the Constitution shall
form a part of the legal system of the Philippines.
[83] In the words of Marbury v. Madison, “It is emphatically the province and duty of
the judicial department to say what the law is.” In Re: Resolution Granting
Automatic Permanent Total Disability Benefits to Heirs and Judges Who Die in Actual
Service, cited by Atty. Garafil, falls within this category. In this case, the Court
issued an earlier resolution construing the provisions of Republic Act No. 910.
However, despite the Court’s construction, the Department of Budget and
Management (DBM) still continues to insist on its own interpretation of the law,
prompting the Court to remind the DBM, viz.:
We take this occasion to remind DBM that it is an agency under the
executive branch of government. Hence, it is mandated to ensure that all
laws, not the least of which is this Court’s Resolution dated 30 September
2003 in A.M. 02-12-01-SC, are faithfully executed.
In his letter of 19 July 2004 to the Chief Justice Undersecretary
Relampagos speaks of DBM’s “mandate to ensure that disbursements are
made in accordance with law”. It must be emphasized, however, that
such a mandate does not include reviewing an issuance of this Court and
substituting the same with DBM’s own interpretation of the law. Anything
of that sort is nothing less than a blatant usurpation of an exclusively
judicial function and a clear disregard of the boundary lines delineated by
the Constitution.
[84] CONSTITUTION, Article VIII, Section 1.
[85] See Atty. Sana v. Career Executive Service Board, G.R. No. 192926, November
15, 2011, 660 SCRA 130, 139.
[86] Section 5, Article VIII, 1987 CONSTITUTION reads:
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