G.R. No. 179431-32

Luis Lokin, Jr vs COMELEC

G.R. No. 179431-32

Facts:

Prior to election, the following representatives have been nominated on March 29, 2007: Villanueva, Lokin Jr, Cinchona, Cruz-Gonzales, Tugna, and Galang. However, Villanueva has filed a certificate of nomination, substitution and amendment of the list of nominees dated May 7, 2007.

Issue:

Whether or not Section 13 of Resolution No. 7804 valid.

Held:

No, Section 13 of Resolution No. 7804 is invalid and of no effect. Withdrawing a nomination of a nominee of a party-list organization once it has submitted the nomination to the Commission on Elections is invalid. Although, there are exceptions to this rule.

When the statute itself enumerates the exceptions to the application of the general rule, the exceptions are strictly but reasonably construed. The exceptions extend only as far as their language fairly warrants, and all doubts should be resolved in favor of the general provision rather than the exceptions. Where the general rule is established by a statute with exceptions, none but the enacting authority can curtail 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.[39]

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.