PHILIPPINE CONSUMERS FOUNDATION vs. NTC and PLDT

G.R. No. L-63318; August 18, 1984

Ponente: Makasiar

Topic:  Statutory interpretation

Doctrine:  The word used in the law must be given its ordinary meaning, unless a contrary intent is manifest in the law itself.

FACTS:

Respondent NTC promulgated a decision (NTC decision) dated November 22, 1982 which approved a revised schedule of rates (translation: phone bills went up) which was within the limits of P.D. No. 217, the law which regulated the telephone industry.  Petitioner, Philippine Consumer Foundation (PCF) filed this petition seeking to annul this decision. 

On November 25, 1983, the Supreme Court promulgated a decision annulling the NTC decision.  This decision interpreted the following phraseology of Section 2 of P.D. No. 217 as mandatory:

“The Department of Public Works, Transportation and Communications, through its Board of Communications and/or appropriate agency shall see to it that the herein declared policies for the telephone industry are immediately implemented and for this purpose, pertinent rules and regulations may be promulgated” (italics supplied).

ISSUE: 

Whether or not Section 2 of P.D. No. 217 is mandatory.

HELD:

The basic canon of Statutory Construction is that the word used in the law must be given its ordinary meaning, unless the contrary intent is manifested.  The phrase “may be promulgated” cannot be construed to mean “shall” or “must”.  Section 2 must therefore be interpreted in its ordinary sense as permissive or discretionary and not mandatory on the part of the delegate, NTC.

What is mandatory however, is the immediate implementation of the policies declared in P.D. No. 217.

Note that both words “shall” and “may be” are used in the same section which demonstrates that the ordinary, usual or normal distinction between these words is preserved.

It must be emphasized that P.D. No. 217 [which is a special law] only repeals pertinent portions of Act 3436 and the Public Service Act [which is a general law regulating all manner of public franchises] and that the Board of Communications, the immediate predecessor of the NTC was adequately served by their own rules of procedure.  This meant that the acts complained of by NCF, i.e. the fixing of provisional rates without public hearing (Section 16 of the public service act), was a valid act.

DECISION:

WHEREFORE, THE DECISION OF NOVEMBER 25, 1983 IS HEREBY RECONSIDERED AND SET ASIDE AND THE PETTION IS HEREBY DISMISSED.

PANAY RAILWAYS:

WHAT IT WAS AND WHAT IT COULD BECOME

I’m sure that many Panayanons such as myself,  were quite surprised at President Duterte’s mention of rebuilding Panay railways.  It is no secret that President Duterte wanted to build inter-city railways between cities in the Philippines, he has been telegraphing this even before he was sworn in.  However, most expected him to build them only in Mindanao and Luzon where there are great distances to cover and trains would actually make sense.  But, I must admit that I was quite chuffed to hear that he was considering its rebuilding.  Here are his exact words:

So, we shall also pursue rail projects in Metro Manila and the major key-points in the country including the Mindanao Rail Project [applause]. Hindi ako nagyayabang pero totoo talaga ‘to. Well, depende sa federal. But six years, lalabas talaga ito. I assure you because it’s going to materialize:  Rail projects,  the Davao Transit System, the Cebu Transit System, the North and South Luzon Railways and the Panay Railways project. Kita mo? Panay. Eh taga saan si ano? Eh 'di Panay. Panay ang bigay natin para… [laughter and applause]

Of course, the quote will not be complete without a playful little stab at the good Senator from Iloilo.

What it was sabihin naman ni Senator Drilon, 'Binack-bite ka dito. Lalagyan daw nung ano, yung island mo ng train. May tawa pa.' Binaback-bite ka dito. Mag-sumbong man 'yan. Tingnan mo 'yan.

Facebook Meme

What it was

Panay railways was once famous for being the only railway line outside of Luzon.  The railway began construction in 1907 with one crew starting from Roxas City, Capiz and another crew in Iloilo City, they built the railway from both ends until they met in the middle.  Service began immediately after its inauguration in 1912 with freight and passenger services.  In Iloilo city, the tracks ran all the way up to the port area or Muelle Loney.  Sadly, the railway ceased passenger operations in 1985 and freight operations in 1989 after competition from trucks and buses rendered it unprofitable.

At its height, the Panay Railways had 5 locomotives plying the line at regular times of the day.  There were steam locomotives and later on, there were diesel electric locomotives.  They have all since been scrapped, save for one lone survivor known as Engine 114, which stands a shell of its former self.

Engine 114

(Source: Skyscrapercity forums)

Panay Railways still exists as a shell corporation as the company itself still owns substantial property.  Some of the tracks, especially at Passi are used by enterprising people as a makeshift push cart transportation system.

Panay Railways Office

What it will be

Honestly, nobody knows how this is going to turn out, or if the project will ever come into fruition.  The revival of the railway has been teased since the time of President Ramos.  However, reviving the original line running from Iloilo City to Roxas City is very remote.  The original tracks are in disrepair, the bridges have been demolished and the rolling stock are in no condition to run ever again, though, lets not discount that possibility.

Its possible though for new routes to be opened.  An Iloilo City to Caticlan route or routes passing through Antique would be very nice.  Perhaps this will pave the way for inter-island rail tracks—a train that may go through an underwater tunnel to Mindoro or a bridge to Negros.  Indeed, a wider network may finally provide an impetus to construct a “trans-Philippine” rail network in the spirit of the Shinkansen train of Japan.  Just imagine a railway network from Tugegarao City to Davao, what tremendous opportunities this may bring!

Just imagine a railway network from Tugegarao City to Davao, what tremendous opportunities this may bring!

The Shinkansen or bullet train

On a less ambitious scale, the rebirth of Panay railways may come in the form of a commuter rail network servicing Metro Iloilo and the environs.  This may take the form of a tram or Automated Guideway Transit or AGT.

DOST is currently testing a locally produced version of an AGT.
Is this the shape of things to come?

In any case, the mention of Panay railways in the grand scheme of things may just be that—a mention.  Ultimately, nothing will come to fruition.  Nevertheless, it was a very pleasant surprise for many a Panayanon.  And it just goes to show that maybe, with a little vision and a dream, a modern and prosperous Philippines may yet be achieved.

#DUBREDO: REALLY MEDIA? COME ON

Sometimes, I think that Filipinos are too shallow and starstruck to make democracy work in this country.  This is no more evident in the uptrend of the twitter hashtag “#dubredo”.  This hashtag refers to the tandem of Philippine President Rodrigo DUterte and Vice President Leni RoBREDO. 

All this arose after the first meeting of the newly inaugurated heads of state and the pair were photographed looking very comfortable with one another, Leni Robredo in particular looking very giggly—like a schoolgirl in the presence of her crush. 

"Coz there's something in the way you look at me"

🎶😍💞💑 #Dubredo it is! Haha. pic.twitter.com/t0LRctvTyP

— marilou. (@matud411) July 5, 2016

Later, more “shipping” happened when Duterte asked Robredo if she wanted to head the Housing and Urban Development Coordinating Council (HUDCC).  Twitter was literally blowing up with #Dubredo memes.

What kind of people have we become that we let this touchy-feely, kilig-ness affect our national consciousness?  Makes me question the sort of logic “Dubredo” voters applied last May 9.

More disturbing is how this shipping is somehow worthy of being featured in the news.  Did Duterte’s boycott of the Media reduce them to reporting mush?  Or is it because the persons allied with the Liberal Party are fighting to keep their party relevant in the new administration?  One would think that the media, in the face of the criticism arrayed against it by Duterte would strive to report on things of greater substance than kilig-ness mush.

 

All this may just seem like harmless fun, but I can’t help but think that there is a darker side to all this.  It is no secret that Duterte and Robredo come from opposing political parties, and that there is actual enmity between them.  During the election campaign, Robredo would go along with her running mate Mar Roxas’ negative portrayal of Duterte as a dictator and would spread black propaganda.  Some have also theorized that former president Fidel Ramos put some pressure on Duterte to give Robredo a position in his cabinet.  Duterte, in turn, complied but just offered the HUDCC, a post that has been held by the past two Vice Presidents and is a fairly low-key post. 

Duterte is probably hoping that that Robredo just stays quiet in the post he gave her.  It is well known that the Vice President in the Philippine system has no role apart from existing for the purpose of succession in case of the President’s death or incapacity.  It appears that the media is not going to let that happen.  They have just found their new darling.

FEDERALISM IS A FAIR WAY TO SOLVE THE BANGSAMORO “PROBLEM”

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PEOPLE v. QUIDATO

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BERNARDO QUIDATO, JR., accused-appellant.

Topic:  Disqualifications as a witness; when it applies.

FACTS:

Accused Bernardo Quidato Jr was accused of parricide.  He and two co-conspirators allegedly attacked with a bolo and iron bars hack and stab the victim, Bernardo Quidato Sr., appellant’s father and namesake, which caused the victim’s untimely demise. 

Among those presented as witness were accused’s wife and brother.  Also presented were the extrajudicial confessions of appellant’s two other co-accused.  Appellant’s wife testified that while the accused were drinking tuba she overheard them saying that they were planning to go to the victim’s house on the night of the incident in order to “get money” and that she had no idea of what later transpired. Appellant objected to his wife’s testimony as it was prohibited by the rule on marital disqualification.  Appellant likewise denies the allegations of his co-accused who in their extrajudicial confession pointed to the participation of appellant.

ISSUES:

1. Whether or not the extrajudicial confessions should be given credence as they were obtained in violation of the constitutional right of appellant to confront witnesses.

2. Whether or not the testimony of appellant’s wife is disqualified.

HELD:

1. NO. They should not be given credence, and indeed, appellant should be acquitted.  The prosecution relied heavily on appellant’s co-accused’s affidavits.  However, the failure to present the affiants in the witness stand gives these affidavits the character of hearsay.  It is hornbook doctrine that unless the affiants themselves take the witness stand to affirm the averments in their affidavits, the affidavits must be excluded from the judicial proceeding, being inadmissible hearsay. “The voluntary admissions of an accused made extrajudicially are not admissible in evidence against his co-accused when the latter had not been given an opportunity to hear him testify and cross-examine him.”

Section 30, Rule 130 is not applicable in this case because it refers to confessions made during the existence of the conspiracy.  In this case, the conspiracy had clearly ended by the time the confession was made.

2. YES.  The testimony of appellant’s wife must be disregarded.  As correctly observed by the court a quo, the disqualification is between husband and wife, the law not precluding the wife from testifying when it involves other parties or accused, but not where the testimony will be used against the accused-husband directly or indirectly.

DECISION: 

Given the inadmissibility of accused’s wife’s testimony and the extrajudicial confession of co-accused, the appellant is hereby ACQUITTED.

PEOPLE vs. ACUÑA

ACUÑA, JESUS RAMOS and ANTONIO (TONY) DIONISIO, defendants.

Topic:  Qualification of adult witnesses.

FACTS: 

Defendants were charged with murder.  The complaint stated that they conspired together and assaulted the victim, Tranquilino Mariano, and while two of the accused were holding him, one was hitting him by a 2x2 piece of wood.  Then they stabbed him to death.  There were a number of witnesses who saw the beating and another who saw the accused dragging a dead body.

The RTC convicted the accused and hence this appeal.  The main issue in this appeal is the credibility of the witnesses.  Accused claim that they should have noticed the witnesses if they claim to have been there when the crime was happening, the fact that accused “did not notice the witnesses’ presence” makes their testimony incredible. The witnesses were also first cousins of the victims and they failed to report the incident immediately.

ISSUE:

Whether or not the witnesses’ testimony is incredible.

HELD:

NO.  First, where the issue is the credibility of the witness, the Supreme Court, as a general rule will not disturb the findings of the lower courts as regards to their findings of the witnesses’ credibility. 

As to the fact that accused “did not notice” the presence of the witnesses, it was correctly pointed out by the prosecution that the accused were probably too engrossed with their assault to have noticed the witnesses.  Besides, the area where the incident occurred was partly concealed by gumamela plants hence it was possible for the witnesses to see the incident without being seen.

It is also true that the witnesses were first cousins but “there is nothing in our laws that disqualifies relatives of a victim from testifying in a criminal case … so long as said relatives who were actually present at the scene of the crime, witnessed its execution.”  Furthermore, there was no showing of ill-motive.

The fact that they failed to report the incident immediately is also understandable. The accused were locally known troublemakers who would intimidate people once they fell under the influence of liquor.  The court also takes judicial notice that the witnesses were town mates and must have feared reprisals.  Such reticence has been declared as not affecting credibility.

The witness who saw the accused dragging the cadaver, likewise reported the incident 6 months after the incident.  The court held that this does not affect the credibility of the as it relates to a matter that occurred after the crime was committed and merely corroborates the testimony of two other credible witnesses (the cousins) who actually witnessed the incident.

DECISION: Guilty.

MAHINDRA TRUCKS: THE PNP APPEARS SATISFIED

I have blogged before about how I felt that Indian cars would produce great customer satisfaction for a Filipino motorist.  I wrote that:

“Their cars are rugged and durable. Mahindras, Hindustan Motors, Tata and Maruti/Suzuki have built a reputation for simplicity and quality.

x x x

“Indians are also technically proficient. A quick look at their internet forae and the number of car programs as seen on youtube shows that the Indian is a discerning motorist. I also suspect that the road conditions in India are so much worse than in the Philippines that a car built for India would have no trouble negotiating the potholes and floods of Manila and the dirt and mud of the Provinces.”

Thus, when word came out that the Philippine National Police was going to acquire Mahindra Enforcers (known in India as the Bolero), I was thrilled.  I knew that my hypothesis was going to be proved correct, so much so that when the Senate questioned the acquisition, I wrote in favor of it.

Mahindra Enforcer PNP Patrol Car

More than a year later, is my hypothesis correct?  It seems so.  In the May 20, 2016 edition of the Philippine Star* explains that the PNP is very satisfied with the Enforcer’s performance.  Antonio Mallari, Jr., the after sales director stated that only 61 of the the 1,470 Enforcers or only 4% have been brought to Mahindra’s service depots for minor repairs and preventive maintenance.

Keep in mind that these vehicles have been in use for over one year and under “rigorous usage” as patrol cars.

So there you have it folks, Indian cars can cope well in Philippine conditions.  They are rugged and reliable.  Sure, they don’t look “pogi”, but for some, that isn’t important.

Will the government consider getting more Indian vehicles?  Will you consider getting one? I for one, consider them great value for money, an Enforce costs between P750,000 for the lowest spec, single cab model to P995,000 for the top of the line double cab, 4x4 version.

The Sad Fate of Grace Poe and Alan Purisima

The award of the contract to Mahindra will be the only project I will commend the now-discredited and shamed Gen. Alan Purisima for.  To be fair, he deserves to be thrown in jail for graft and corruption if not for his flat out incompetence.  But this acquisition shall be his enduring legacy.

Alan Purisima

On the other hand, when Senator Grace Poe openly questioned the acquisition of Mahindra trucks to be used by the PNP, I criticized her.  The neophyte senator displayed her ignorance of the motoring world.  I could never trust her to make our laws and I could not trust her with the top post in government.

Grace Poe

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*I could not find this article online, however, I was lucky enough to have snapped a picture of the article as it appears on print.  Here it is below.

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Mahindra coming to the Philippines: its the invasion from the subcontinent

Tata motors coming to the Philippines:  but not the nano