Doctrine of necessary implication of backwages, among other things

So-called gaps in the law develop as the law is However, there was a legal problem as to his
enforced reinstatement, for when he was suspended and
StatCon rule: to fill in the gap is the doctrine of eventually dismissed, somebody was appointed
necessary implication to his position
Doctrine states that what is implied in a statute
is as much a part thereof as that which is Issue: whether remedy is denied petitioner
expressed Held: position was never “vacant”. Since there
Ex necessitate legis – from the necessity of the is no
law vacancy, the present incumbent cannot be
appointed
Every statutory grant of power, right or permanently. The incumbent is only holding a
privilege is deemed to include all incidental temporary position. Moreover, the incumbent’s
power, right or privilege being
In eo quod plus sit, simper inest et minus – made to leave the post to give way to the
greater includes the lesser employee’s
Necessity – o includes such inferences as may superior right may be considered as removal for
be logically be drawn from the purpose or object cause
of the statute, from what the legislature must be
presumed to have intended, and from the DEPARTMENT OF ENVIRONMENT AND
necessity of making the statute effective and
NATURAL RESOURCES (DENR) v. UNITED
operative o excludes what is merely plausible,
beneficial, PLANNERS CONSULTANTS, INC., G.R. No.
or desirable 212081, February 23, 2015
must be consistent with the Constitution or to
existing laws While it appears that the Special ADR Rules
an implication which is violative of the law is
unjustified or unwarranted remain silent on the procedure for the
execution of a confirmed arbitral award, it is the
Remedy implied from a right Court's considered view tha the Rules'
Ubi jus, ibi remedium - where there is a right,
there is a remedy for violation thereof
procedural mechanisms cover not only aspects
Right -> Obligation -> Remedy of confirmation but necessarily extend to a
The fact that the statute is silent as to the confirmed award's execution in light of the
remedy does
doctrine of necessary implication which states
not preclude him from vindicating his right, for
such that every statutory grant of power, right or
remedy is implied from such right privilege is deemed to include all incidental
Once a right is established, the way must be power, right or privilege.
cleared for
its enforcement, and technicalities in procedure,
judicial as well as administrative, must give way
Where there is “wrong,” (deprivation or
violation of a
right) there is a remedy
If there’s no right, principle does not apply
Batungbakal v National Development Co
Petitioner was suspended and removed from
office
which proved to be illegal and violative not only
of the
Administrative Code but of the Constitution itself
Court ruled that to remedy the evil and wrong
committed, there should be reinstatement and
payment