CIRCULAR
NO. 1 [1979]
TO: COURT
OF APPEALS, COURT OF TAX APPEALS, COURTS OF FIRST INSTANCE, CIRCUIT
CRIMINAL
COURTS, JUVENILE AND DOMESTIC RELATIONS COURTS, COURTS OF AGRARIAN
RELATIONS
AND CITY AND MUNICIPAL COURTS.
SUBJECT:
FRANKING PRIVILEGE EXPRESSLY GRANTED TO COURTS AND TRIBUNALS IN
PRESIDENTIAL
DECREE NO. 26.
For the information
and guidance of all concerned, quoted hereunder is Opinion No. 201,
Series
of 1978, of Minister of Justice Vicente Abad Santos, Ministry of
Justice,
thus:chanroblesvirtuallawlibrary
"OPINION
NO.
201, S. 1978"2nd
Indorsement"December
26,
1978
"Respectfully
returned
to Deputy Minister Aber P. Canlas, Ministry of Public Works,
Transportation
and Communications, NIA Building, E. delos Santos Avenue, Quezon City,
the within request for opinion on whether the return of service of
papers/
communications connected with judicial proceedings, such as subpoena,
warrants
of arrest, etc. to the courts or tribunals which issued said
papers/communications,
should be accorded the same franking privilege expressly granted to
said
courts or tribunals in Presidential Decree No. 26.cralaw:red
"The
cardinal rule
of construction is to ascertain the intention and meaning of the
law-making
authority for the purpose of giving effect thereto (Macondray &
Co. vs. Eustaquio, 64 Phil. 446 (1937); Daza vs. Villaroman, 69 Phil.
12
(1939). For purposes of ascertaining the legislative intent, resort
may be had to the preamble of the statute (Go Chioco vs. Martinez,
45
Phil. 256 [1923]) and to the title which, if expressive, may
resolve
doubts as to its proper construction by extending its purview. (Wages
vs. State, 141 SO 707 [1932]).cralaw:red
"The
intent, among
others, of subject Presidential Decree No. 26, as may be gleaned from
its
preambulatory clauses, is "to equip the existing machinery of justice
with
all the necessary facilities which will enable it to act swiftly." (2nd
"whereas" clause) Expanding the coverage of subject decree to
include
the return of service of papers/communications connected with judicial
proceedings would, it is believed, be within the spirit and intent of
said
decree. It would enable the machinery of justice to act swiftly. The
receiving
office/officer has, by its participation in serving the judicial
papers/communications,
become a necessary part of the machinery of justice.cralaw:red
"Also, the
title
of Presidential Decree No. 26 - "Extending Franking Privilege to
Papers
Connected with Judicial Proceedings" - is an indication that the
privilege
is intended to extend to all papers connected with judicial
proceedings.
As observed by that Office, the return of service is a continuation of
the process. What is being returned by the receiving office/officer to
the court or tribunal of origin is the same paper/communication
connected
with the judicial proceedings.cralaw:red
"The query
is, therefore,
answered in the affirmative.cralaw:red
"[Sgd.]
VICENTE ABAD SANTOS
"Minister
of Justice"
Manila,
January 11,
1979.
[Sgd.]
FRED
RUIZ CASTROChief
Justice
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