Primary Holding
An enterprise claiming exemption from the LLDA clearance requirement as a cottage industry must prove compliance with the statutory capitalization or total-asset threshold; paid-up capital alone does not constitute the totality of the corporation's assets, and the capitalization or asset requirement is a defining element of cottage-industry status.
Background
Sterling Selections Corporation is a company engaged in the fabrication of sterling silver jewelry, with its products manufactured in the home of its principal stockholders, Asuncion Maria and Juan Luis Faustmann, located in Barangay Mariana, New Manila, Quezon City. The Laguna Lake Development Authority (LLDA) is the government agency created by R.A. No. 4850 to carry out the development of the Laguna Lake region with due regard for environmental management and control, and Joaquin G. Mendoza was its General Manager. The dispute implicated the interplay between the LLDA's regulatory clearance requirement under R.A. No. 4850 and LLDA Resolution No. 41, Series of 1997, on the one hand, and the successive statutory definitions of "cottage industry" under R.A. No. 3470, R.A. No. 5326, P.D. No. 817, P.D. No. 1788, E.O. No. 917, R.A. No. 6977, R.A. No. 8289, and R.A. No. 8502, on the other.
History
2002 – 2006-
Petitioner filed a petition for mandamus before the RTC, Branch 167, Pasig City, seeking to compel the LLDA to issue a certificate of exemption on the ground that, as a cottage industry, it was exempt from securing an LLDA permit.
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RTC, Branch 167, Pasig City
Denied the petition, ruling that mandamus does not lie to compel the performance of a discretionary duty, but allowed petitioner to file an amended petition for certiorari and mandamus.
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Apr 1, 2002
RTC
Denied the petition, holding that petitioner was not a cottage industry because it was manned by at least two hundred employees who were strangers to the family, was an accredited exporter, and was not registered with NACIDA, and that the LLDA's interpretation of its own rules was entitled to greater probative value.
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46 days later
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May 17, 2002
RTC
Denied petitioner's motion for reconsideration.
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Petitioner filed a Notice of Appeal and subsequently filed its appeal with the Court of Appeals.
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May 30, 2005
CA
Dismissed the appeal, holding that even if petitioner belonged to the cottage-industry category, it still needed to prove that its business was exempted by law from the coverage of LLDA Resolution No. 41, Series of 1997, and that under the principle of ejusdem generis the enumeration of exempt cottage industries did not include jewelry manufacturing.
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8 mos 1 day later
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Jan 31, 2006
CA
Denied petitioner's motion for reconsideration.
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Petitioner filed the present Petition for Review on Certiorari under Rule 45 before the Supreme Court, assailing the CA Decision and Resolution.
Facts
Sterling Selections Corporation is a company engaged in the fabrication of sterling silver jewelry, with its products manufactured in the home of its principal stockholders, Asuncion Maria and Juan Luis Faustmann, located in Barangay Mariana, New Manila, Quezon City. Sometime in 1992, one of petitioner's neighbors in Barangay Mariana filed a complaint with the Office of the Chairman of Barangay Mariana against petitioner for creating loud, unceasing noise and emitting toxic fumes coming from the manufacturing plant of petitioner's predecessor, Unson, Faustmann and Company, Inc. During conciliation proceedings, petitioner's management undertook to relocate its operations within a month, and the parties signed an Agreement to that effect. Petitioner, however, failed to abide by the undertaking and continued to manufacture its products in its Barangay Mariana workshop.
On January 16, 1998, Alicia P. Maceda, another neighbor of petitioner, wrote a letter to the Barangay Chairman complaining about the loud noise and offensive toxic fumes coming from petitioner's manufacturing plant. She also filed a formal complaint with the Department of Environment and Natural Resources (DENR)-National Capital Region office, which endorsed the complaint to the Laguna Lake Development Authority (LLDA), the agency with territorial and functional jurisdiction over the matter. The Monitoring and Enforcement Section-Pollution Control Division of the LLDA then conducted an inspection of petitioner's premises. According to the LLDA, it was observed that the wastewater generated by petitioner's operations was drained directly to the sewer canal; however, since the wastewater was not yet for disposal, no sample could be collected during the inspection.
On November 19, 1998, a Notice of Violation and a Cease and Desist Order (CDO) were served on petitioner after it was found to be operating without an LLDA Clearance and Permit, as required by R.A. No. 4850. Meanwhile, Maceda's complaint was endorsed by the LLDA to the Office of the Mayor of Quezon City. After hearing and investigation, the Office of the Mayor issued a Closure Order against petitioner after finding that it was operating without the requisite business permit, since it was running a jewelry manufacturing plant with an "Office Only" permit, and for violation of zoning and environmental laws.
Petitioner then filed a petition for mandamus before the Regional Trial Court (RTC), Branch 167, Pasig City. Contending that, as a cottage industry, its jewelry business was exempt from the requirement to secure a permit from the LLDA, petitioner asked the court to order the LLDA to issue a certificate of exemption in its favor. The RTC denied the petition but allowed petitioner to file an amended petition for certiorari and mandamus. In its amended petition, petitioner averred that its business was classified as a cottage industry and argued that under R.A. No. 6977, the law prevailing at the time of its registration with the Securities and Exchange Commission (SEC) in December 1996, a cottage industry was one with assets worth ₱50,001.00 to ₱500,000.00; since, based on its Articles of Incorporation and CPA's Balance Sheet, its total assets when it was incorporated amounted only to ₱312,500.00, it qualified as a cottage industry. Intervenors Maceda, Ma. Corazon G. Logarta, and Rosario "Charito" Planas filed a motion for intervention, and their Answer-in-Intervention was subsequently admitted by the RTC.
The RTC denied the petition, finding that petitioner's economic activity, though carried on in a home, was manned not by members of the family but by at least two hundred employees who were strangers and not known to the community, and that its accreditation as an exporter by the Bureau of Export Trade Promotion of the Department of Trade and Industry seemed a deviation from the connotation of "small scale." The RTC further observed that, to be considered a cottage industry, petitioner should have been registered under the National Cottage Industries Development Authority (NACIDA), and that there was nothing in LLDA Resolution No. 41, Series of 1997, including jewelry-making within the term cottage industry. On appeal, the Court of Appeals brushed aside the issue of whether petitioner qualified as a cottage industry, holding that even if it belonged to that category, it still needed to prove that its business was exempted by law from the coverage of LLDA Resolution No. 41, Series of 1997, and that under the principle of ejusdem generis the enumeration of exempt cottage industries did not include the manufacture of jewelry. In its own review, the Supreme Court noted that a Board of Investments Memorandum dated June 8, 1999 listed petitioner's basic information as showing 189 direct-labor employees, export sales valued at ₱19,732,692.00, and total sales of ₱37,160,340.00 based on its 1998 income tax return; and that petitioner's own consolidated balance sheets showed assets amounting to ₱4,628,900.80 by the end of 1998 and ₱1,746,328.17 by the end of 1997.
Arguments of the Petitioners
- Failure to Rule on Cottage-Industry Status: Petitioner argued that the Court of Appeals erred when it failed or refused to make a definitive pronouncement on whether petitioner qualified as a cottage industry, even after the appellate court itself scored the trial court for having failed to consider that petitioner's predicament rested primarily on the determination of its status.
- Disregard of Cottage-Industry Statutes: Petitioner maintained that the Court of Appeals erred when it deliberately ignored the provisions of various statutes and regulations pertaining to cottage industries, which, if taken into account and accorded due consideration, would have led to the conclusion that petitioner was indeed a cottage industry.
- Misapplication of Statutory Construction: Petitioner contended that the Court of Appeals erred when it declared, after misapplying the rules of statutory construction, that No. 30 of Section 2 of LLDA Resolution No. 41, Series of 1997, did not serve to exempt petitioner from the clearance requirement.
- Non-Exclusivity of the Enumeration: Petitioner argued that Section 2(30) of LLDA Resolution No. 41, Series of 1997, contains no restriction limiting the exemptions to only certain kinds of cottage industries, and that the word "including" connotes a sense of "containing" or "comprising," not exclusivity or exclusion; the provision being devoid of any restrictive or limiting words, the LLDA should avoid limiting the kinds or classes of cottage industries exempted from the clearance requirement.
- Qualification as a Cottage Industry: Petitioner argued that its total assets were worth only ₱312,500.00 during its incorporation, which under R.A. No. 6977 would qualify it as a cottage industry, and that even with the enactment of R.A. No. 8502, the Jewelry Industry Development Act of 1998, jewelry-making remains a cottage industry.
- Factual Basis for the CDO: Petitioner put in question the factual basis for the issuance of the CDO by the LLDA.
- Alleged Suppression and Unclean Hands (Reply): Petitioner claimed that the intervenors were illegally suppressing its legitimate business because it competed with the jewelry business of intervenor Logarta's cousin; accused intervenors Maceda and Planas of going to court with "unclean hands" considering that they also ran businesses in the same area; denied that Mrs. Faustmann reneged on the 1992 promise to relocate, claiming she was pressured into signing the Agreement through threats and intimidation; and claimed that no public hearing was conducted before the Quezon City Mayor's Office issued and enforced the CDO.
Arguments of the Respondents
- Non-Qualification as a Cottage Industry: Respondents argued that petitioner is not a cottage industry within the contemplation of the law, since to qualify as such the conditions in the laws must be complied with; while metalcraft activities are considered a cottage industry, asset requirements and NACIDA registration requirements must also be complied with.
- Misleading Asset Figure: Respondents contended that petitioner cannot be considered a cottage industry considering that it has assets way above the threshold fixed in the law; the ₱312,500.00 petitioner claims as its assets refers only to the minimum paid-up capital stock required by law for purposes of incorporation and registration with the SEC, and petitioner would have other properties contributed and owned for purposes of starting the enterprise, such as furniture, fixtures, machinery, and equipment. Petitioner actually has a capitalization of ₱5 million, of which ₱1.25 million had been subscribed, and the amount subscribed minus the paid-up capital is a subscription receivable from the incorporators and is an asset.
- Ejusdem Generis and Expressio Unius: Respondents argued that the Court of Appeals did not err in ruling that petitioner is not exempted from securing a clearance from the LLDA, since under LLDA Resolution No. 41, Series of 1997, the cottage industries exempted are those of the same nature and category as those enumerated therein, following the principle of ejusdem generis; the activities enumerated are those whose operations are basically dry and whose environmental impact is not so significant. Following the principle expressio unius est exclusio alterius, the express mention of the three activities excluded all other cottage industries, and if the LLDA had intended to exempt all types of cottage industries, it would not have made an enumeration of those exempt activities.
- Intervenors' Arguments on Illegal Operation and Zoning: Intervenors alleged that petitioner has been operating illegally, violating ordinances and laws, operating without the required permits and clearances, and continuing its operations despite the LLDA's issuance of a CDO; that petitioner's business is located in an area classified as "R-1" or low-density residential zone under Quezon City Ordinance SP-918, Series of 2000, and preceding zoning ordinances; and that despite having only an "Office Only" permit, petitioner deliberately uses the premises to manufacture jewelry.
- Intervenors' Arguments on Cottage-Industry Status: Intervenors alleged that petitioner is not registered with NACIDA; that petitioner itself admitted it employs at least 229 employees who are strangers to the family and that its operations yield annual sales of at least ₱25 million; that in R.A. No. 8502 there is no provision categorizing jewelry-making as a cottage industry; and that, going by the classification of jewelry-making companies in the Implementing Rules and Regulations of R.A. No. 8502 and petitioner's financial statements filed with the SEC, which state that petitioner had assets amounting to ₱2,454,459.01 in 1999 and ₱4,628,900.80 in 1998, it cannot be characterized as a micro jewelry enterprise.
- Intervenors' Arguments on LLDA Jurisdiction: Intervenors insisted that the LLDA has jurisdiction over petitioner; LLDA Resolution No. 41, Series of 1997, does not in any manner waive the LLDA jurisdiction even over those exempted in the list of activities, projects, and installations; jurisdiction is provided for by law and cannot be diminished by an act of the agency concerned; and exemption from securing prior clearance before implementing an activity does not carry with it a waiver of jurisdiction.
- Intervenors' Arguments on the Scope of the Exemption: Intervenors averred that cottage industry, as contemplated under LLDA Resolution No. 41, Series of 1997, includes only the activities enumerated therein, namely, stuffed toys manufacturing, handicrafts, and rattan/furniture manufacturing; that under existing laws the term cottage industry no longer exists and has been deleted; and that jewelry-making is now classified as an independent and separate industry under R.A. No. 8502, apart from the general term cottage industry.
Issues
- Exemption from LLDA Clearance Requirement: Whether petitioner is exempted from complying with the requirement to obtain a clearance from the LLDA to operate its business.
- Scope of Section 2(30) of LLDA Resolution No. 41, Series of 1997: Whether the enumeration of cottage industries in Section 2(30) of LLDA Resolution No. 41, Series of 1997, is exclusive, such that only the three activities therein enumerated are exempted from the clearance requirement.
- Cottage-Industry Status: Whether petitioner is in fact a cottage industry entitled to claim the exemption under LLDA Resolution No. 41, Series of 1997.
Ruling
- Exemption from LLDA Clearance Requirement: No. Petitioner is not exempted from complying with the requirement to obtain a clearance from the LLDA, because it failed to establish that it is a cottage industry within the contemplation of the pertinent laws.
- Scope of Section 2(30) of LLDA Resolution No. 41, Series of 1997: The enumeration is not exclusive. The word "include" conveys the idea of non-exclusivity, and the principle of expressio unius est exclusio alterius does not apply where the enumeration is by way of example only; thus, all cottage industries, including but not limited to those enumerated, are exempted from securing prior clearance from the LLDA.
- Cottage-Industry Status: No. While jewelry-making is one of the activities considered a cottage industry, the nature of the activity is only one of several factors; the capitalization or asset requirement is a defining element, and petitioner's total assets exceeded the statutory ceiling for cottage industries.
Ruling Rationale
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Exemption from LLDA Clearance Requirement: The main issue is whether petitioner is exempted from complying with the requirement to obtain a clearance from the LLDA to operate its business. Petitioner insists that it is exempted because it is a cottage industry. Under Section 11 of R.A. No. 3470, a cottage industry was defined as an economic activity in a small scale carried on mainly in the homes or in other places for profit and mainly done with the help of the members of the family, and among the activities considered a cottage industry was metalcraft such as the making of jewelries; the same law required persons, corporations, partnerships, or associations wishing to avail of the benefits of the law to register with NACIDA. R.A. No. 5326 amended Section 11 to include a capitalization requirement not exceeding fifteen thousand pesos, and P.D. No. 817 further amended it to a capitalization of not exceeding ₱100,000 at the time of registration. P.D. No. 1788, the Cottage Industries Development Decree of 1981, defined a cottage industry as a modest economic activity for profit using primarily indigenous raw materials, with total assets not exceeding ₱100,000 at the time of registration with NACIDA, and classified the Metalcraft Industry as including the making of jewelry items. E.O. No. 917 increased the capitalization requirement to a maximum of ₱250,000.00. In 1986, NEDA redefined cottage, small, and medium scale industries, considering as cottage industries enterprises, excluding agriculture, with total assets after financing of over ₱500,000.00 but less than ₱5 million. E.O. No. 133 reorganized NACIDA into the CITC. R.A. No. 6977, the Magna Carta for Small Enterprises, set the cottage category at ₱50,001 to ₱500,000 in total assets, inclusive of those arising from loans but exclusive of the land on which the business entity's office, plant, and equipment are situated. R.A. No. 8289 later eliminated the cottage category entirely, and R.A. No. 8502, the Jewelry Industry Development Act of 1998, characterized businesses engaged in jewelry-making as micro, small, medium, or large scale jewelry enterprises without using the term cottage industry. Against this statutory backdrop, the LLDA was created by R.A. No. 4850 and granted the power to pass upon and approve or disapprove all plans, programs, and projects proposed by local government offices or agencies, public corporations, and private persons or enterprises, and to issue the necessary clearance for approved plans. LLDA Resolution No. 41, Series of 1997, specified the activities required to secure a clearance and set out in Section 2 the activities exempted, including No. 30, "Cottage industries including stuffed toys manufacturing, handicrafts and rattan/furniture manufacturing." The Court held that the provision did not restrict the exemption to the three activities therein mentioned, because the word "include" means "to take in or comprise as a part of a whole," and thus necessarily conveys the very idea of non-exclusivity of the enumeration. The principle of expressio unius est exclusio alterius does not apply where other circumstances indicate that the enumeration was not intended to be exclusive, or where the enumeration is by way of example only, and the maxim should be applied only as a means of discovering legislative intent which is not otherwise manifest. As the regulation stands, all cottage industries including, but not limited to, those enumerated therein are exempted from securing prior clearance from the LLDA; hence, the Court of Appeals erred in ruling that only the three activities enumerated therein are exempted.
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Scope of Section 2(30) of LLDA Resolution No. 41, Series of 1997: The Court rejected the Court of Appeals' reliance on ejusdem generis and the respondents' reliance on expressio unius est exclusio alterius. The word "include" means "to take in or comprise as a part of a whole," and the Court has previously held that it necessarily conveys the very idea of non-exclusivity of the enumeration. The maxim expressio unius est exclusio alterius does not apply when words are mentioned by way of example, and should be applied only as a means of discovering legislative intent which is not otherwise manifest. The Court also cited its prior ruling that the word "involving," when understood in the sense of "including," necessarily implies that there are activities other than those being included. Accordingly, the Court of Appeals erred in ruling that only the three enumerated activities are exempted under the resolution.
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Cottage-Industry Status: Although the Court agreed that the enumeration in Section 2(30) is non-exclusive, it nonetheless held that petitioner failed to establish that it is a cottage industry. That jewelry-making is one of the activities considered a cottage industry is undeniable, and the laws bear this out; however, based on these same laws, the nature of the activity is only one of several factors to be considered in determining whether the same is a cottage industry. In view of the emphasis in law after law on the capitalization or asset requirements, the same is a defining element in determining if an enterprise is a cottage industry. Petitioner argued that its assets amounted to only ₱312,500.00, representing its paid-up capital at the time of its SEC registration, and that under R.A. No. 6977, the law then in force, it should be considered a cottage industry. The Court found this contention misleading: the ₱312,500.00 represents the total amount of the capital stock already subscribed and paid up by the company's stockholders, and does not represent the totality of its assets even at the time of its registration. By the expert opinion of petitioner's own consultant, independent CPA Maximiano P. Sorongon, Jr., the paid-up capital is not the only source of funds of the corporation for it to support its recurring operational requirements, as well as its increased financial requirements later on, as and when the business grows and expands. Under R.A. No. 6977, the term "total assets" was understood to mean inclusive of those arising from loans but exclusive of the land on which the particular business entity's office, plant, and equipment are situated; assets consist of property of all kinds, real and personal, tangible and intangible, and constitute the entire property of a person, association, corporation, or estate applicable or subject to the payment of debts. The Board of Investments, in a Memorandum dated June 8, 1999 addressed to the Undersecretary of the DENR, listed petitioner's basic information as showing 189 direct-labor employees with salaries and allowances of ₱16,064,000, value of export sales of ₱19,732,692.00, and total sales of ₱37,160,340.00 based on its 1998 income tax return, figures also reflected in petitioner's own income statement. Petitioner's own evidence—balance sheets prepared by CPAs it commissioned itself—showed assets amounting to ₱4,628,900.80 by the end of 1998 and ₱1,746,328.17 by the end of 1997, amounts obviously over the maximum prescribed by law for cottage industries. Further militating against petitioner's claim was the RTC's observation that being an accredited exporter recognized by the Bureau of Export Trade Promotion of the DTI seemed a deviation from the connotation of "small scale"; under R.A. No. 7844, the Export Development Act of 1994, an exporter must earn at least fifty percent of its normal operating revenues from the sale of its products or services abroad for foreign currency, and DTI Administrative Order No. 3, Series of 1995, set a schedule of application fees requiring an exporter to generate an export value of $1 million per year to be accredited by the BETP for tax incentives. Petitioner's accreditation showed that it complied with this requirement. Based on the foregoing, petitioner cannot be considered a cottage industry and is therefore not exempted from complying with the clearance requirement of the LLDA. The Court further held that it is a doctrine of long-standing that factual findings of administrative bodies on technical matters within their area of expertise should be accorded not only respect but even finality if they are supported by substantial evidence even if they are not overwhelming or preponderant, and that courts will not interfere in matters addressed to the sound discretion of the government agency entrusted with regulation of activities coming under the special and technical training and knowledge of such agency. The motives of the intervenors for filing the complaint were no longer relevant, because regardless of what these motives may have been, the fact remained that the LLDA found petitioner to have violated the pertinent environmental and regulatory laws. The Court recognized the right of petitioner to engage in business and to profit from its industry, but held that the exercise of the right must conform to the laws and regulations laid down by the competent authorities.
Doctrines
- Non-Exclusivity of "Including" in Statutory Enumerations — The word "include" means "to take in or comprise as a part of a whole," and necessarily conveys the very idea of non-exclusivity of an enumeration. Where a provision uses the word "including" followed by an enumeration, the listed items are illustrative and not exclusive. In this case, the Court applied the doctrine to Section 2(30) of LLDA Resolution No. 41, Series of 1997, holding that all cottage industries, including but not limited to stuffed toys manufacturing, handicrafts, and rattan/furniture manufacturing, are exempted from securing prior clearance from the LLDA, and that the Court of Appeals erred in ruling that only the three enumerated activities were exempted.
- Expressio Unius Est Exclusio Alterius — Inapplicability to Enumerations by Way of Example — The maxim expressio unius est exclusio alterius does not apply where other circumstances indicate that the enumeration was not intended to be exclusive, or where the enumeration is by way of example only; it should be applied only as a means of discovering legislative intent which is not otherwise manifest. The Court applied this limitation to reject the respondents' argument that the express mention of the three cottage industries in Section 2(30) excluded all others.
- Ejusdem Generis — Inapplicability Where the Enumeration Is Illustrative — The principle of ejusdem generis, which confines a general term to things of the same kind as those specifically enumerated, presupposes an enumeration that is intended to be exhaustive of a class. The Court held that the Court of Appeals erred in applying the principle to Section 2(30) of LLDA Resolution No. 41, Series of 1997, because the word "including" signaled that the enumeration was illustrative rather than exclusive.
- Capitalization or Asset Requirement as a Defining Element of Cottage-Industry Status — The nature of the business activity is only one of several factors in determining whether an enterprise is a cottage industry; in view of the emphasis in law after law on the capitalization or asset requirements, the capitalization or asset requirement is a defining element. The Court applied this doctrine to hold that although jewelry-making is a cottage-industry activity, petitioner failed to qualify because its total assets exceeded the statutory ceiling.
- "Total Assets" Under R.A. No. 6977 — Under R.A. No. 6977, "total assets" means assets inclusive of those arising from loans but exclusive of the land on which the particular business entity's office, plant, and equipment are situated. Assets consist of property of all kinds, real and personal, tangible and intangible, and constitute the entire property of a person, association, corporation, or estate applicable or subject to the payment of debts. The Court applied this definition to hold that petitioner's paid-up capital of ₱312,500.00 did not represent the totality of its assets, which, per its own balance sheets, amounted to ₱4,628,900.80 by the end of 1998 and ₱1,746,328.17 by the end of 1997.
- Deference to Administrative Findings on Technical Matters — Factual findings of administrative bodies on technical matters within their area of expertise should be accorded not only respect but even finality if they are supported by substantial evidence even if they are not overwhelming or preponderant. Courts will not interfere in matters addressed to the sound discretion of the government agency entrusted with regulation of activities coming under the special and technical training and knowledge of such agency, the exercise of administrative discretion being a policy decision best discharged by the government agency concerned and not by the courts. The Court applied this doctrine to defer to the LLDA's findings that petitioner had violated pertinent environmental and regulatory laws.
- Right to Engage in Business Subject to Regulation — The right of an enterprise to engage in business and to profit from its industry is recognized, but the exercise of the right must conform to the laws and regulations laid down by the competent authorities. The Court applied this doctrine to hold that petitioner's right to engage in the jewelry business did not excuse it from complying with the LLDA clearance requirement.
Key Excerpts
- "The word include means 'to take in or comprise as a part of a whole.' Thus, this Court has previously held that it necessarily conveys the very idea of non-exclusivity of the enumeration." — This passage states the ratio decidendi on the scope of Section 2(30) of LLDA Resolution No. 41, Series of 1997, and is the Court's canonical formulation of the non-exclusivity of enumerations introduced by the word "including."
- "As the regulation stands, therefore, all cottage industries including, but not limited to, those enumerated therein are exempted from securing prior clearance from the LLDA. Hence, the CA erred in ruling that only the three activities enumerated therein are exempted." — This passage articulates the Court's conclusion on the scope of the exemption and expressly reverses the Court of Appeals' application of ejusdem generis.
- "In view of the emphasis in law after law on the capitalization or asset requirements, it is crystal clear that the same is a defining element in determining if an enterprise is a cottage industry." — This passage states the controlling rule on cottage-industry qualification, identifying the capitalization or asset requirement as a defining element rather than a mere factor.
- "It is a doctrine of long-standing that factual findings of administrative bodies on technical matters within their area of expertise should be accorded not only respect but even finality if they are supported by substantial evidence even if they are not overwhelming or preponderant." — This passage states the standard of judicial deference to administrative findings, which the Court applied to uphold the LLDA's findings against petitioner.
Precedents Cited
- Binay vs. Sandiganbayan, 374 Phil. 413, 440 (1999) — Cited as authority for the rule that the word "include" necessarily conveys the very idea of non-exclusivity of an enumeration.
- Coconut Oil Refiners Association, Inc. vs. Hon. Torres, 503 Phil. 42, 56 (2005) — Cited for the rule that the principle of expressio unius est exclusio alterius does not apply where other circumstances indicate that the enumeration was not intended to be exclusive, or where the enumeration is by way of example only, and that the maxim should be applied only as a means of discovering legislative intent which is not otherwise manifest.
- Gomez vs. Ventura and Board of Medical Examiners, 54 Phil. 726 (1930) — Cited in Coconut Oil Refiners Association, Inc. vs. Hon. Torres as authority on the non-exclusivity of illustrative enumerations.
- La Bugal-B'laan Tribal Association, Inc. vs. Ramos, 486 Phil. 754, 796 (2004) — Cited for the proposition that the word "involving," when understood in the sense of "including," necessarily implies that there are activities other than those being included.
- Republic of the Philippines vs. Manila Electric Company, 440 Phil. 389, 399 (2002) — Cited as authority for the doctrine that factual findings of administrative bodies on technical matters within their area of expertise should be accorded not only respect but even finality if supported by substantial evidence.
- Casa Filipina Realty Corporation vs. Office of the President, 311 Phil. 170, 180 (1995) — Cited in Republic of the Philippines vs. Manila Electric Company as authority on the deference owed to administrative findings.
- Yazaki Torres Manufacturing, Inc. vs. Court of Appeals, G.R. No. 130584, June 27, 2006, 493 SCRA 86, 95 — Cited for the rule that courts will not interfere in matters addressed to the sound discretion of the government agency entrusted with regulation of activities coming under the special and technical training and knowledge of such agency.
Provisions
- Section 1, R.A. No. 4850 — The provision creating the LLDA to carry out the development of the Laguna Lake region with due regard and adequate provisions for environmental management and control, preservation of the quality of human life and ecological systems, and prevention of undue ecological disturbances, deterioration, and pollution. The Court cited it to establish the LLDA's mandate.
- Section 4, R.A. No. 4850 — The provision granting the LLDA the power to pass upon and approve or disapprove all plans, programs, and projects proposed by local government offices or agencies within their regions, by public corporations, and by private persons or enterprises, where such plans, programs, and/or projects are related to those of the Authority for the development of the region, as well as to issue the necessary clearance for the approved plans, programs, and/or projects. The Court cited it to establish the LLDA's authority to require a clearance.
- Section 2(30), LLDA Resolution No. 41, Series of 1997 — The provision exempting from the clearance requirement "Cottage industries including stuffed toys manufacturing, handicrafts and rattan/furniture manufacturing." The Court held that the enumeration was not exclusive and that all cottage industries, including but not limited to those enumerated, are exempted from securing prior clearance from the LLDA.
- Section 11, R.A. No. 3470 — The provision defining cottage industry as an economic activity in a small scale carried on mainly in the homes or in other places for profit and mainly done with the help of the members of the family, and listing metalcraft such as the making of jewelries among the activities considered a cottage industry. The Court cited it in its review of the laws pertinent to cottage industries.
- Section 12, R.A. No. 3470 — The provision requiring persons, corporations, partnerships, or associations wishing to avail of the benefits of the law to register with NACIDA. The Court cited it in its review of the statutory requirements for cottage industries.
- Section 11, R.A. No. 5326 — The provision amending Section 11 of R.A. No. 3470 to include a capitalization requirement not exceeding fifteen thousand pesos and to include metalcraft such as the making of jewelries among the enumerated cottage industries. The Court cited it in its review of the laws pertinent to cottage industries.
- Section 11, P.D. No. 817 — The provision further amending Section 11 of R.A. No. 3470 to define cottage industry as an economic activity carried on in the homes or in other places for profit, with a capitalization of not exceeding ₱100,000 at the time of registration. The Court cited it in its review of the laws pertinent to cottage industries.
- Section 10, P.D. No. 1788 — The provision defining cottage industry as a modest economic activity for profit using primarily indigenous raw materials, with total assets not exceeding ₱100,000 at the time of registration with NACIDA, and classifying the Metalcraft Industry as including the making of jewelry items involving the use of metals and/or their alloys in combination with semiprecious or artificial stones. The Court cited it in its review of the laws pertinent to cottage industries.
- Section 1, E.O. No. 917 — The provision amending the definition of cottage industry by increasing the capitalization requirement to a maximum of ₱250,000.00, which amount may be modified or increased accordingly, subject to the approval of the President. The Court cited it in its review of the laws pertinent to cottage industries.
- Section 18, E.O. No. 133 — The provision reorganizing the Department of Trade and Industry and providing that NACIDA was reorganized into the CITC, with its functions other than technology development and training transferred to the Bureau of Small and Medium Business Development and relevant line operating units of the DTI. The Court cited it in its review of the laws pertinent to cottage industries.
- Section 3, R.A. No. 6977 (Magna Carta for Small Enterprises) — The provision defining small and medium enterprises and setting the categories of micro (less than ₱50,000), cottage (₱50,001–₱500,000), small (₱500,001–₱5,000,000), and medium (₱5,000,001–₱20,000,000), with total assets inclusive of those arising from loans but exclusive of the land on which the particular business entity's office, plant, and equipment are situated. The Court cited it as the law in force at the time of petitioner's SEC registration and applied its definition of "total assets" to petitioner.
- Section 3, R.A. No. 8289 — The provision amending Section 1 of R.A. No. 6977 and completely eliminating the term cottage industry or cottage enterprise, redefining the categories as micro (less than ₱1,500,001), small (₱1,500,001–₱15,000,000), and medium (₱15,000,001–₱60,000,000). The Court cited it in its review of the laws pertinent to cottage industries.
- R.A. No. 8502 (Jewelry Industry Development Act of 1998) — The law enacted to support, promote, and encourage the growth and development of the predominantly small and medium scale jewelry industries, characterizing businesses engaged in jewelry-making as micro (less than ₱1,500,001), small scale (₱1,500,001–₱15,000,000), medium (₱15,000,001–₱60,000,000), and large scale (more than ₱60,000,000) jewelry enterprises. The Court cited it in its review of the laws pertinent to cottage industries and noted that it did not use the term cottage industry.
- Section 4(a), R.A. No. 7844 (Export Development Act of 1994) — The provision defining an exporter as any person, natural or juridical, licensed to do business in the Philippines, engaged directly or indirectly in the production, manufacture or trade of products or services, which earns at least fifty percent of its normal operating revenues from the sale of its products or services abroad for foreign currency. The Court cited it to show that petitioner's BETP accreditation indicated it was not "small scale."
- Section 16, R.A. No. 7844 — The provision granting tax incentives to exporters upon presentation of their BETP certification of the exporter's eligibility. The Court cited it in connection with the standards for BETP accreditation.
- DTI Administrative Order No. 3, Series of 1995 — The administrative issuance providing the mechanisms of accreditation for exporters vis-à-vis the tax incentives granted under R.A. No. 7844, and setting forth the schedule of application fees based on export value per year. The Court cited it to show that an exporter must generate an export value of $1 million per year to be accredited by the BETP for tax incentives, which petitioner's accreditation showed it complied with.
- Rule II, Section 1(z), Implementing Rules and Regulations of R.A. No. 8502 — The provision defining micro, small, medium, and large scale jewelry enterprises based on total assets, inclusive of those arising from loans but exclusive of the land on which the particular business entity's office, plant, and equipment are situated. The Court cited it in its review of the laws pertinent to cottage industries.
Notable Concurring Opinions
- Antonio T. Carpio (Chairperson)
- Diosdado M. Peralta
- Roberto A. Abad
- Jose Catral Mendoza