4 Lokin v. Comelec
4 Lokin v. Comelec
4 Lokin v. Comelec
*EN BANC.
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tail the former. Not even the courts may add to the latter by
implication, and it is a rule that an express exception excludes all
others, although it is always proper in determining the
applicability of the rule to inquire whether, in a particular case, it
accords with reason and justice. The appropriate and natural
office of the exception is to exempt something from the scope of
the general words of a statute, which is otherwise within the
scope and meaning of such general words. Consequently, the
existence of an exception in a statute clarifies the intent that the
statute shall apply to all cases not excepted. Exceptions are
subject to the rule of strict construction hence, any doubt will be
resolved in favor of the general provision and against the
exception. Indeed, the liberal construction of a statute will seem
to require in many circumstances that the exception, by which the
operation of the statute is limited or abridged, should receive a
restricted construction.
Same Same Same Same Words and Phrases To reword
means to alter the wording of or to restate in other words to
rephrase is to phrase anew or in a new form.The COMELEC
explains that Section 13 of Resolution No. 7804 has added nothing
to Section 8 of R.A. No. 7941, because it has merely reworded and
rephrased the statutory provisions phraseology. The explanation
does not persuade. To reword means to alter the wording of or to
restate in other words to rephrase is to phrase anew or in a new
form. Both terms signify that the meaning of the original word or
phrase is not altered. However, the COMELEC did not merely
reword or rephrase the text of Section 8 of R.A. No. 7941, because
it established an entirely new ground not found in the text of the
provision. The new ground granted to the partylist organization
the unilateral right to withdraw its nomination already submitted
to the COMELEC, which Section 8 of R.A. No. 7941 did not allow
to be done. Neither was the grant of the unilateral right
contemplated by the drafters of the law, who precisely denied the
right to withdraw the nomination (as the quoted record of the
deliberations of the House of Representatives has indicated). The
grant thus conflicted with the statutory intent to save the
nominee from falling under the whim of the partylist
organization once his name has been submitted to the
COMELEC, and to spare the electorate from the capriciousness of
the partylist organizations.
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393
BERSAMIN, J.:
The principal question posed in these consolidated
special civil actions for certiorari and mandamus is
whether the Commission on Elections (COMELEC) can
issue implementing rules and regulations (IRRs) that
provide a ground for the substitution of a partylist
nominee not written in Republic Act (R.A.) No. 7941,1
otherwise known as the PartyList System Act, the law that
the COMELEC thereby implements.
Common Antecedents
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1 Entitled An Act Providing for the Election of PartyList
Representatives through the PartyList System, and Appropriating Funds
Therefor.
2Rollo, G.R. No. 179431 and No. 179432, pp. 7475.
3Id., p. 76.
4Id., p. 90.
5Id., p. 89.
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396
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14Id., p. 324.
15Id., p. 325.
16 Entitled Rules and Regulations Governing the Filing of
Manifestation of Intent to Participate, and Submission of Names of
Nominees Under the PartyList System of Representation, in Connection
with the 14 May 2007 Synchronized National and Local Elections.
17Rollo, G.R. No. 180443, pp. 6582.
398
Issues
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A
The Court has jurisdiction over the case
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401
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402
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24Buan v. Lopez, Jr., G.R. No. L75349, October 13, 1986, 145 SCRA
34.
403
C
Invalidity of Section 13 of Resolution No. 7804
The legislative power of the Government is vested
exclusively in the Legislature in accordance with the
doctrine of separation of powers. As a general rule, the
Legislature cannot surrender or abdicate its legislative
power, for doing so will be unconstitutional. Although the
power to make laws cannot be delegated by the Legislature
to any other authority, a power that is not legislative in
character may be delegated.25
Under certain circumstances, the Legislature can
delegate to executive officers and administrative boards the
authority to adopt and promulgate IRRs. To render such
delegation lawful, the Legislature must declare the policy
of the law and fix the legal principles that are to control in
given cases. The Legislature should set a definite or
primary standard to guide those empowered to execute the
law. For as long as the policy is laid down and a proper
standard is established by statute, there can be no
unconstitutional delegation of legislative power when the
Legislature leaves to selected instrumentalities the duty of
making subordinate rules within the prescribed limits,
although there is conferred upon the executive officer or
administrative board a large measure of discretion. There
is a distinction between the delegation of power to make a
law and the conferment of an authority or a discretion to be
exercised under and in pursuance of the law, for the power
to make laws necessarily involves a discretion as to what it
shall be.26
The authority to make IRRs in order to carry out an
express legislative purpose, or to effect the operation and
enforcement of a law is not a power exclusively legislative
in character, but is rather administrative in nature. The
rules
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40Section 2(1) of Article IXC of the 1987 Constitution.
41Romulo, Mabanta, Buenaventura, Sayoc and De los Angeles v. Home
Development Mutual Fund, G.R. No. 131082, June 19, 2000, 333 SCRA
777.
42Cebu Oxygen & Acetylene Co., Inc. v. Drilon, G.R. No. 82849, August
2, 1989, 176 SCRA 24, 29.
43Rollo, p. 509.
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Petition granted.
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