In a decision that was released recently, the SC sought for “legislative correction” on the penalties imposed under Section 5 of Republic Act No. 7610, known as the Special Protection of Children Against Abuse, Exploitation and Discrimination Act.To attain its objective, the SC furnished a copy of its decision to the Senate and the House of Representatives.
“It is a basic rule in statutory construction that what courts may correct to reflect the real and apparent intention of the legislature are only those which are clearly clerical errors or obvious mistakes, omissions, and misprints, but not those due to oversight, as shown by a review of extraneous circumstances, where the law is clear, and to correct it would be to change the meaning of the law.
The decision that contained the proposal to Congress was issued in the case of Salvador Tulagan who was convicted by the San Carlos City regional trial court and affirmed by the Court of Appeals.
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