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This web page features the full text of
CIRCULAR NO. 1.
[1979]
 
 
 
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:

"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.

"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]).

"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.

"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.

"The query is, therefore, answered in the affirmative.

      
"[Sgd.] VICENTE ABAD SANTOS
"Minister of Justice"
Manila, January 11, 1979.
   
  
[Sgd.] FRED RUIZ CASTRO
Chief Justice
 
 
 




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