People v Nazario.docx - CRISTOBAL JEMMALOU C Statutory Construction – Case No 9 WHEN DOES STATUTORY CONSTRUCTION COME IN Republic of the Philippines

People v Nazario.docx - CRISTOBAL JEMMALOU C Statutory...

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CRISTOBAL, JEMMALOU C. Statutory Construction – Case No. 9 WHEN DOES STATUTORY CONSTRUCTION COME IN? Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-44143 August 31, 1988 THE PEOPLE OF THE PHILIPPINES, plaintiff, vs. EUSEBIO NAZARIO, accused-appellant. The Solicitor General for plaintiff-appellee. Teofilo Ragodon for accused-appellant. SARMIENTO, J.: The petitioner was charged with violation of certain municipal ordinances of the municipal council of Pagbilao, in Quezon province. By way of confession and avoidance, the petitioner would admit having committed the acts charged but would claim that the ordinances are unconstitutional, or, assuming their constitutionality, that they do not apply to him in any event. The facts are not disputed: This defendant is charged of the crime of Violation of Municipal Ordinance in an information filed by the provincial Fiscal, dated October 9, 1968, as follows: That in the years 1964, 1965 and 1966, in the Municipality of Pagbilao, Province of Quezon, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, being then the owner and operator of a fishpond situated in the barrio of Pinagbayanan, of said municipality, did then and there willfully, unlawfully and feloniously refuse and fail to pay the municipal taxes in the total amount of THREE HUNDRED SIXTY TWO PESOS AND SIXTY TWO CENTAVOS (P362.62), required of him as fishpond operator as provided for under Ordinance No. 4, series of 1955, as amended, inspite of repeated demands made upon him by the Municipal Treasurer of Pagbilao, Quezon, to pay the same. Contrary to law. For the prosecution the following witnesses testified in substance as follows; MIGUEL FRANCIA, 39 years of age, married, farmer and resident of Lopez, Quezon In 1962 to 1967, I resided at Pinagbayanan, Pagbilao, Quezon. I know the accused as I worked in his fishpond in 1962 to 1964. The fishpond of Nazario is at Pinagbayanan, Pagbilao, Quezon. I worked in the clearing of the fishpond, the construction of the dikes and the catching of fish. Page 1 of 10
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On cross-examination, this witness declared: I worked with the accused up to March 1964. NICOLAS MACAROLAY, 65 years of age, married, copra maker and resident of Pinagbayanan, Pagbilao, Quezon — I resided at Pinagbayanan, Pagbilao, Quezon since 1959 up to the present. I know the accused since 1959 when he opened a fishpond at Pinagbayanan, Pagbilao, Quezon. He still operates the fishpond up to the present and I know this fact as I am the barrio captain of Pinagbayanan. On cross-examination, this witness declared: I came to know the accused when he first operated his fishpond since 1959. On re-direct examination, this witness declared: I was present during the catching of fish in 1967 and the accused was there. On re-cross examination, this witness declared: I do not remember the month in 1962 when the accused caught fish.
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  • Spring '19
  • Supreme Court of the United States, Taxation in the United States, Municipality, Quezon, fishpond, People Vs Nazario

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