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creating the law. The function of all legal concepts is to enable discussion about the
regulation of human behavior to be carried on in a sensible fashion. And new
thinking may produce new classifications of legal rules to replace wholly or in part
those which today seem so firmly established. (Underscoring supplied).
[46] On Agrarian Reform - Art. XIII, Secs. 4-8. On Urban Land Reform - Art. XIII,
Secs. 9-10; On Indigenous People's Rights - Art. XIII, Sec. 6; Art. II, Sec. 22; Art.
XII, Sec. 5; Art. XIV, Sec. 17; Art. XVI, Sec. 12. Also, Art. VI, Sec. 5 (2) on the
erstwhile system of sectoral representation providing for separate representation of
peasant, urban poor and indigenous cultural communities.
[47] E.g., Constitution, Art. XIII, Sec. 6 which reads: "The State shall apply the
principles of agrarian reform or stewardship, whenever applicable in accordance with
law, in the disposition or utilization of other natural resources, including lands of the
public domain under lease or concession suitable to agriculture, subject to prior
rights, homestead rights of small settlers, and the rights of indigenous communities
to their ancestral lands."
[48] Bernas, The 1987 Constitution of the Republic of the Philippines: A Commentary
793 (2003).
[49] Black, Handbook on the Construction and Interpretation of the Laws 258-259
(1911); Crawford, The Construction of Statutes 359-360 (1940); vide the Concurring
and Dissenting Opinion of Justice (now Chief Justice) Reynato S. Puno in Santiago v.
Comelec, 336 Phil. 848, 911 (1997).
[50] Found particularly in Article XIII of the Constitution.
[51] People v. Yabut, 58 Phil. 499 (1933).
[52] Beltran v. Secretary of Health, G.R. No. 133640, November 25, 2005, 476 SCRA
168, 199-200.
[53] Garcia v. Commission on Elections, G.R. No. 111511, October 5, 1993, 227
SCRA 100, 107-108.
[54] Supra note 25.
[55] Cf. Canonizado v. Hon. Aguirre, 380 Phil. 280, 296 (2000); Larin v. Executive
Secretary, 345 Phil. 962, 980 (1997) wherein it was held that reorganization is
regarded as valid provided it is pursued in good faith and, as a general rule, a
reorganization is carried out in "good faith" if it is for the purpose of economy or to
make bureaucracy more efficient.
[56] Cutaran v. DENR, 403 Phil. 654, 662-663 (2001).
[57] "The right of the people and their organizations to effective and reasonable
participation at all levels of social, political, and economic decision-making shall not
be abridged. The State shall, by law, facilitate the establishment of adequate
consultation mechanisms."
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