AISPORNA V CA (DIGEST DOCX

Title	AISPORNA V CA (DIGEST
Author	Reth Guevarra
Pages	15
File Size	34.1 KB
File Type	DOCX
Total Downloads	355
Total Views	682

Summary

Description

AISPORNA V CA (DIGEST) DECEMBER 10, 2017 BY THELOWLYLAWSTUDENT Aisporna v Court of Appeals and the People of the Philippines G.R. No. L-39419 12 April 1982 TOPIC: Statutory Constructonn octrine of Associated Words (Noscitur a Sociis) FACTS: Pettoner Aisporna was chareied for oiolaton of Secton 189 of the Insurance Act. Pettoner's husbaandn Rodolfo S. Aisporna (Rodolfo) was duly licensed bay the Insurance Coeeission as aeient to Perla Coepania de Seeiuros. Thru Rodolfon a 12- eonth Personal Accident Policy was issued bay Perla with baenefciary to Ana M. Isidro for P50n000. The insured died bay oiolence durinei lifetee of policy. Subasequentlyn pettoner was chareied baecause the aforeeentoned policy was issued with her actoe partcipatonn which is not allowed baecause she did not possess a certfcate of authority to act as aeient froe the ofce of the Insurance Coeeission. Pettoner contended that baeinei the wife of Rodolfon she naturally helped hie in his wor n and that the policy was eerely a renewal and was issued baecause her husbaand was not around when Isidro called bay telephone. Insteadn appellant lef a note on top of her husbaand's des . The trial court found pettoner eiuilty as chareied. On appealn the trial court's decisions was afreed bay respondent appellate courtn fndinei pettoner eiuilty of a oiolaton of the frst paraeiraph of Sec 189 of the insurance act. ISSUE: Whether or not a person can bae conoicted of haoinei oiolated the frst paraeiraph of Secton 189 of the Insurance Act without reference to the second paraeiraph of the saee secton. RULING: The petton is eeritorious. Petton appealed froe is reoersedn and accused is acquitted of the criee chareied. A perusal of the prooision in queston shows that the frst paraeiraph thereof prohibaits a person froe actnei as aeientn suba-aeient or baro er in the solicitaton or procureeent of applicatons for insurance without frst procurinei a certfcate of authority so to act froe the Insurance Coeeissionern while its second paraeiraph defnes who an insurance aeient is within the intent of this secton andn fnallyn the third paraeiraph thereof prescribaes the penalty to bae ieposed for its oiolaton. The defniton of an insurance aeient as found in the second paraeiraph of Secton 189 is intended to defne the word "aeient" eentoned in the frst and second paraeiraphs of the aforesaid secton. More sieinifcantlyn in its second paraeiraphn it is explicitly prooided that the defniton of an insurance aeient is within the intent of Secton 189. Applyinei the defniton of an insurance aeient in the second paraeiraph to the aeient eentoned in the frst and second paraeiraphs would eiioe hareony to the aforesaid three paraeiraphs of Secton 189. Legislatie intent must be ascertained from a consideraton of the statute as a whole. The partcular wordsn clauses and phrases should not bae studied as detached and isolated expressionsn baut the whole and eoery part of the statute eust bae considered in fxinei the eeaninei of any of its parts and in order to produce hareonious whole. A statute must be so construed as to harmonize and giie effect to all its proiisions wheneier possible. More ieportantly the doctrine of associated words (Noscitur a Sociis) prooides that where a partcular word or phrase in a statement is ambiguous in itself or is equally susceptble of iarious meanings, its true meaning may be made clear and specifc by considering the company in which it is found or with which it is associated....