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  • Parayno Vs Jovellanos G.R. No. 148408 14 July, 2006

    Diunggah oleh

    maanmarq
    45 tayangan2 halaman
    This case discusses the legal maxim of ejusdem generis and its application to a zoning ordinance in Calasiao, Pangasinan. The ordinance prohibited gasoline service stations from being located within 100 meters of schools and churches, but did not mention gasoline filling stations. The petitioner argued their gasoline filling station fell under the scope of the ordinance based on ejusdem generis. However, the court held ejusdem generis did not apply because the ordinance clearly distinguished between gasoline service stations and gasoline filling stations. Since the ordinance only referred to service stations, and not filling stations, the petitioner's station was not covered by the 100 meter restriction.

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    This case discusses the legal maxim of ejusdem generis and its application to a zoning ordinance in Calasiao, Pangasinan. The ordinance prohibited gasoline service stations from being located within 100 meters of schools and churches, but did not mention gasoline filling stations. The petitioner argued their gasoline filling station fell under the scope of the ordinance based on ejusdem generis. However, the court held ejusdem generis did not apply because the ordinance clearly distinguished between gasoline service stations and gasoline filling stations. Since the ordinance only referred to service stations, and not filling stations, the petitioner's station was not covered by the 100 meter restriction.

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    45 tayangan2 halaman

    Parayno Vs Jovellanos G.R. No. 148408 14 July, 2006

    Diunggah oleh

    maanmarq
    This case discusses the legal maxim of ejusdem generis and its application to a zoning ordinance in Calasiao, Pangasinan. The ordinance prohibited gasoline service stations from being located within 100 meters of schools and churches, but did not mention gasoline filling stations. The petitioner argued their gasoline filling station fell under the scope of the ordinance based on ejusdem generis. However, the court held ejusdem generis did not apply because the ordinance clearly distinguished between gasoline service stations and gasoline filling stations. Since the ordinance only referred to service stations, and not filling stations, the petitioner's station was not covered by the 100 meter restriction.

    Hak Cipta:

    © All Rights Reserved
    Unduh sebagai DOC, PDF, TXT atau baca online dari Scribd
    Tandai sebagai konten tidak pantas
    dari 2

    Parayno vs Jovellanos

    G.R. No. 148408

    14 July, 2006

    Legal Maxims: Ejusdem Generis or of the same kind or specie

    Facts: Petitioner was the owner of a gasoline filling station in Calasiao, Pangasinan. In

    1989, some residents of Calasiao petitioned the Sangguniang Bayan of said municipality

    for the closure or transfer of the station to another location. The matter was referred to the

    Municipal Engineer, Chief of Police, Municipal Health Officer and the Bureau of Fire

    Protection for investigation. Upon their advise, the Sangguniang Bayan recommended to

    the Mayor the closure or transfer of location of petitioners gasoline station. In Resolution

    No. 50, it declared that the existing gasoline station is a blatant violation and disregard of

    existing law.

    According to the Resolution, 1. The gasoline filling station is in violation of The Official

    Zoning Code of Calasiao, Art. 6, Section 44, the nearest school building which is San

    Miguel Elementary School and church, the distances are less than 100 meters. (No

    neighbors were called as witnesses when actual measurements were done by HLURB

    Staff, Baguio City dated 22 June 1989); .......xxx

    Petitioner moved for the reconsideration of the resolution but was denied by the SB.

    Hence she filed a case before the RTC claiming that the gasoline filling station was not

    covered under Sec 44 of the Official Zoning Code of respondent municipality does not
    mention a gasoline filling station, but following the principle of ejusdem generis, a

    gasoline filling station falls within the scope of Section 44. Case was denied by the court

    and by the CA. Hence this appeal.

    Issue: Whether the legal maxim of ejusdem generis did not apply to the case of

    petitioner

    Held: The court held that since the ordinance made a distinction between gasoline

    service station and gasoline filling station, the maxim ejusdem generis does not apply

    and what is applicable is the maxim expression unius exclusion exclusion alterius.

    we hold that the zoning ordinance of respondent municipality made a clear distinction

    between gasoline service station and gasoline filling station

    Pertinent provisions: Sec 21. Filling station. A retail station servicing automobiles and other

    motor vehicles with gasoline and oil only. Sec 42. Service station. A building and its

    premises where gasoline oil, greases, batteries, tires and car accessories may be supplied

    and dispensed at retail and where, in addition, the following services may be rendered and

    sales and no other. Hence, because of the distinct and definite meanings alluded to the

    two terms by the zoning ordinance, respondents could not insist that gasoline service

    station under Sec 44 necessarily included gasoline filling station under Sec21. Indeed,

    activities undertaken in a gas service station did not automatically embrace those in a

    gas filling station.

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