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CHAPTER ONE: Statutes

IN GENERAL

Laws, generally

A whole body or system of law

Rule of conduct formulated and made obligatory bylegitimate power of the state

Includes RA, PD, EO (president in the e of legislati!e

power", Presidential issuances (ordinance power"#urisprudence, ordinances passed by sanggunians of

local go!ernment units$

%tatutes, generally

An act of legislature (Philippine &ommission, Phil$

Legislature, 'atasang Pambansa, &ongress"

PDs of )arcos during the period of martial law *+-

&onstitution

EO of A.uino re!olutionary period /reedom

&onstitution

Public 0 affects the public at large

general 0 applies to the whole state andoperates throughout the state ali1e upon all

people or all of a class$

%pecial 0 relates to particular person or thingsof a class or to a particular community,

indi!idual or thing$

Local Law 0 operation is confined to a

specific place or locality (e$g municipal

ordinance"

Pri!ate 0 applies only to a specific person or

sub2ect$

Permanent and temporary statutes

Permanent 3 one whose operation is not limited induration but continues until repealed$

4emporary 3 duration is for a limited period of time

fied in the statute itself or whose life ceases upon the

happening of an e!ent$

o E$g$ statute answering to an emergency

Other classes of statutes

Prospecti!e or retroacti!e 0 accdg$ to application

Declaratory, curati!e, mandatory, directory,

substanti!e, remedial, penal 0 accdg$ to operation

According to form

o Affirmati!e

o 5egati!e

)anner of referring to statutes

Public Acts 0 Phil &ommission and Phil Legislature

*+6*3 *+-7

&ommonwealth Acts 0 *+-83 *+98

Republic Acts 0 &ongress *+983 *+:, *+; ested in congress 0 *+; &onstitution

President 0 *+- ? /reedom (PD and

respecti!ely"

%angguniang barangay, bayan, panglung

panlalawigan 0 only within respecti!e 2urisdictioordinances

Administrati!e or eecuti!e officer

Delegated power

Issue rules and regulations to impleme

specific law

&ongress legislati!e power

4he determination of the legislati!e policy and

formulation and promulgation as a defined and bind

rule of conduct$

Legislati!e power 3 plenary ecept only to s

limitations as are found in the constitution

Procedural re.uirements, generally

Pro!ided in the constitution (for 'ills, RA"

Pro!ided by congress 0 enactment of laws

Rules of both houses of congress (pro!ided

by the &onstitution"

Passage of bill

Proposed legislati!e measure introduced by a mem

of congress for enactment into law

%hall embrace only one sub2ect which shallepressed in the title

%inged by authors

/ile with the %ecretary of the @ouse

'ills may originate from either lower or upper @ou

Eclusi!e to lower house

Appropriation

Re!enue= tariff bills

'ills authoriing increase of public debt

'ills of local application

Pri!ate bills

After - readings, appro!al of either house (see A

%ec :8 (*""

%ecretary reports the bill for first reading

/irst reading 0 reading the number and title, referra

the appropriate committee for study recommendation

&ommittee 0 hold public hearings submits report and recommendation

calendar for second reading

%econd reading 0 bill is read in full (with amendm

proposed by the committee" 0 unless copies

distributed and such reading is dispensed with

o 'ill will be sub2ect to debates, motions

amendments

o 'ill will be !oted on

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o A bill appro!ed shall be included in the

calendar of bills for -rdreading

4hird reading 0 bill appro!ed on :ndreading will be

submitted for final !ote by yeas and nays,

'ill appro!ed on the -rdreading will be transmitted to

the BOther @ouseC for concurrence (same process asthe first passage"

o If the BOther @ouseC appro!es without

amendment it is passed to the President

o If the BOther @ouseC introduces amendments,

and disagreement arises, differences will be

settled by the &onference &ommittees of both

houses

o Report and recommendation of the :

&onference &ommittees will ha!e to be

appro!ed by both houses in order to beconsidered pass

President

o Appro!es and signs

o >etoes (within -6 days after receipt"

o Inaction

If the President !etoes 0 send bac1 to the @ouse whereit originated with recommendation

o :=- of all members appro!es, it will be sent to

the other house for appro!al

o :=- of the other house appro!es 0 it shall

become a law

o If president did not act on the bill with in -6

days after receipt, bill becomes a law

%ummary - ways of how a bill becomes a law$

President signs

inaction of president with in -6 days after receipt

!etoed bill is repassed by congress by :=- !otes of

all its members, each house !oting separately$

Appropriations and re!enue bills

%ame as procedure for the enactment of ordinary bills

Only difference is that they can only originate from the

Lower @ouse but the %enate may propose= concur with

the amendments

Limitations of passage (as per &onstitution" Art 8 %ec$

: (:"

o congress may not increase the appropriation

recommended by the President

o particular appropriation limited

o procedure for &ongress is the same to all

other department= agencies (procedure for

appro!ing appropriations "o special appropriations 0 national treasurer=

re!enue proposal

o no transfer of appropriations authority to

augment

o discretionary funds 0 for public purposes

o general appropriations bills 0 when re3enacted

o President my !eto any particular item=s in an

appropriation re!enue, or tariff bill$

Authentication of bills

'efore passed to the President

Indispensable

'y signing of %pea1er and %enate President

Fnimpeachability of legislati!e 2ournals

#ournal of proceedings

&onclusi!e with respect to other matters that

re.uired by the &onstitution

Disputable with respect to all other matters

'y reason of public policy, authenticity of laws shorest upon public memorials of the most perma

character

%hould be public

Enrolled bill

'ills passed by congress authenticated by the %pe

and the %enate President and appro!ed by

President

Importing absolute !erity and is binding on the cou

o It carries on its face a solemn assurance th

was passed by the assembly by the legislaand eecuti!e departments$

&ourts cannot go behind the enrolled act to discowhat really happened

o If only for respect to the legislati!e

eecuti!e departments

4hus, if there has been any mista1e in the printin

the bill before it was certified by the officer of

assembly and appro!ed by the &hief Eecuti!e,

remedy is by amendment by enacting a cura

legislation not by 2udicial decree$

Enrolled bill and legislati!e 2ournals 3 &onclusi!e u

the courts

If there is discrepancy between enrolled bill

2ournal, enrolled bill pre!ails$

Githdrawal of authentication, effect of

%pea1er and %enate President may withdraw if the

discrepancy between the tet of the bill as deliber

and the enrolled bill$

Effect

o 5ullifies the bill as enrolled

o Losses absolute !erity

o &ourts may consult 2ournals

PARTS OF STATUTES

4itle of statute

)andatory law 3 E!ery bill passed by &ongress sembrace only one sub2ect which shall be epresse

the title thereof (Art 8, %ec :8 (*" *+; &onstitution

: limitations upon legislation

o 4o refrain from conglomeration, under

statute, of heterogeneous sub2ects

o 4itle of the bill should be couched i

language sufficient to notify the legisla

and the public and those concerned of

import of the single sub2ect$

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Purposes of re.uirement (on * sub2ect"

Principal purpose to apprise the legislators of the

ob2ect, nature, and scope of the pro!ision of the bill

and to pre!ent the enactment into law of matters which

ha!e not recei!ed the notice, action and study of the

legislators$

o 4o prohibit duplicity in legislation

In sum of the purpose

o 4o pre!ent hodgepodge= log3rolling

legislationo 4o pre!ent surprise or fraud upon the

legislature

o 4o fairly apprise the people, through

publication of the sub2ects of the legislation

o Fsed as a guide in ascertaining legislati!e

intent when the language of the act does not

clearly epress its purposeH may clarify doubt

or ambiguity$

@ow re.uirement construed

Liberally construed

If there is doubt, it should be resol!ed against the

doubt and in fa!or of the constitutionality of the statute

Ghen there is compliance with re.uirement

&omprehensi!e enough 3 Include general ob2ect

If all parts of the law are related, and are germane to

the sub2ect matter epressed in the title

4itle is !alid where it indicates in broad but clear

terms, the nature, scope and conse.uences of the lawand its operations

4itle should not be a catalogue or inde of the bill

Principles apply to titles of amendatory acts$

o Enough if it states Ban act to amend a specific

statuteC

5eed not state the precise nature of the

amendatory act$

F% Legislators ha!e titles ending with the words Bandfor other purposesC ( F% is not sub2ect to the same

&onstitutional restriction as that embodied in thePhilippine &onstitution"

Ghen re.uirement not applicable

Apply only to bills which may thereafter be enacted

into law

Does not apply to laws in force and eisting at the time

the *+-7 &onstitution too1 effect$

5o application to municipal or city ordinances$

Effect of insufficiency of title

%tatute is null and !oid

Ghere, the sub2ect matter of a statute is not

sufficiently epressed in its title, only so much of the

sub2ect matter as is not epressed therein is !oid,

lea!ing the rest in force, unless the in!alid pro!isions

are inseparable from the others, in which case the

nullity the former !itiates the latter

Enacting clause

Gritten immediately after the title

%tates the authority by which the act is enacted

* 3 Phil &ommission 0 B 'y authority of the Presiof the F%, be it enacted by the F% Philip

&ommissionC

: 3 Philippine Legislature3 B by authority of the

be it enacted by the Philippine LegislatureC

- 3 Ghen : became bicameral B'e it enacted by

%enate and @ouse of Representati!es of the Philippin legislature assembled and by authority of the sam

9 3 &ommonwealth3 B'e it enacted by the 5atio

Assembly of the Philippines

7 0 when 9 became bicameral Bbe it enacted by

%enate and @ouse of Representati!es in cong

assembledC 0 same *+983*+:=*+;3present$

8 0 'atasang Pambansa B'e it enacted by

'atasang Pambansa in session assembledC

0 PD B 5OG 4@ERE/ORE, I JJJJJJ Presiden

the Philippines, by the powers !ested in me by&onstitution do hereby decree as followsC

; 0 EO B5ow, therefore, I, JJJJ hereby orderC

Preamble

Defined 0 prefatory statement or eplanation o

finding of facts, reciting the purpose, reason

occasion for ma1ing the law to which it is prefiedC

/ound after enacting clause and before the body of

law$

Fsually not used by legislations because content ofpreamble is written in the eplanatory note$

'ut PDs and EOs ha!e preambles$

Pur!iew of statute

that part which tells what the law is about

body of statute should embrace only one sub

should only one sub2ect matter, e!en there pro!isshould be allied and germane to the sub2ect

purpose of the bill$

%tatue is usually di!ided into section$ w=c contai

single proposition$

Parts

o short title

o policy section

o definition section

o administrati!e section

o sections prescribing standards of conduct

o

sections imposing sanctions for !iolatioits pro!isions

o transitory pro!ision

o separability clause

o effecti!ity clause

%eparability clause

it states that if any pro!ision of the act is decla

in!alid, the remainder shall not be affected thereby

It is not controlling and the courts may in!alidate

whole statute where what is left, after the !oid par

not complete and wor1able

Presumption 0 statute is effecti!e as a whole

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its effect to create in the place of such presumption

the opposite of separability$

PRESIDENTIAL ISSUANCES, RULES AND

ORDINANCES

Presidential issuances

are those which the president issues in the eercise of

ordinance power$

i$e$ EO, AO (administrati!e orders", proclamations,)O (memorandum orders", )& (memorandum

circulars", and general or special orders$

@a!e force and effect of laws$

EO

o acts of the President pro!iding for rules of a

general or permanent character in the

implementation or eecution of

constitutional= statutory powers$o do not ha!e the force and effect of laws

enacted by congress

o different from EO issued by the President in

the e of her legislati!e power during the

re!olution Presidential decree under thefreedom constitution

AO

o acts of the President which relate to particular

aspects of go!ernmental operations in

pursuance of his duties as administrati!e head

Proclamations

o acts of the President fiing a date or declaring

a statute or condition of public moment or

interest, upon the eistence of which the

operation of a specific law or regulation is

made to depend

)O

o acts of the President on matters ofadministrati!e details or of subordinate or

temporary interest which only concern a

particular officer or office of go!ernment

)&o acts of the president on matters relating to

internal administration which the President

desires to bring to the attention of all or some

of the departments, agencies, bureaus, or

offices of the go!ernment, for information of

compliance

Keneral or %pecific Order

o Acts and commands of the President in his

capacity as &ommander3in3&hief of the A/P

%upreme &ourt circularsH rules and regulations

%ee Art ;, %ec$ 7(7" *+; &onstitution

%ee Art$ 8, %ec$ -6 *+; &onstitution

It has been held that a law which pro!ides that a

decision of a .uasi32udicial body be appealable directly

to the %&, if enacted without the ad!ice and

concurrence of the %&, ineffecti!e

o Remedy or applicable procedure 0 go to &A

Rules of &ourt 0 product of the rule3ma1ing power ofthe %&

o Power to repeal procedural rules

o 5o power to promulgate rules substanti!

nature (unli1e the legislati!e department"

%ubstanti!e rules 0 if it affects or ta1es away !e

rightsH right to appeal

Procedural rules 0 means of implementing eis

rightH where to file an appeal for transferring the !e

Rules and regulations issued by the administrati!

eecuti!e officers in accordance with and author

by law, ha!e the force and effect of lawo Re.uisites for !alidity

Rules should be germane to

ob2ects and purposes of the law

Regulations be not in contradic

with, but conform to, the standa

that the law prescribes

4he be for the sole purpose

carrying into effect the gen

pro!isions of the lawo Law cannot be restricted or etended

o Law pre!ails o!er regulations, if there

discrepancies

Rule3ma1ing power of public administrati!e agenca delegated legislati!e power 0 if it enlarges or rest

such statute is in!alid

Re.uisites for delegating a statute by legisla

branch to another branch of go!ernment to fil

details, eecution, enforcement, or administration

law$ the law must beo &omplete in itself

o /i a standard which may be epress

implied

Eample of BstandardC 0 simpli

and dignityH public interestH pu

welfareH interest of law and or

2ustice and e.uity and substanmerit of the caseH ade.uate

efficient instruction

Eampleo &hange of Band=orC to BorC 0 in!alid

o &hange of BmayC(permissi!e" to Bsh

(mandatory" 0 in!alid (Krego ! &O)EL

pp ::"

Administrati!e rule and interpretation distinguished

Rule 0 Bma1esC new law with the force and effect

!alid lawH binding on the courts e!en if they are no

agreement with the policy stated therein or with

innate wisdom

Interpretation 0 merely ad!isory for it is the courts

finally determine what the law means

Administrati!e construction is not necessarily bind

upon the courtsH it may be set aside by 2ud

department (if there is an error of law, or abuse

power or lac1 of 2urisdiction or KAD 0 gra!e abus

discretion"

'arangay ordinance

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%angguniang barangay 0 smallest legislati!e bodyH

may pass an ordinance by ma2ority of all its membersH

sub2ect to re!iew by %angguniang bayan= panglungsod

%angguniang bayan= panglungsod 0 ta1e action on the

ordinance within -6 days from submissionH if theres

inaction, it is presumed to be consistent with the

municipal or city ordinanceH if inconsistency is found,it will remand to the %angguniang barangay

)unicipal ordinance

Lodged in the %angguniang bayan )a2ority of the .uorum !oting, ordinance is passed

Ordinance sent to )ayor within *6 days for appro!al

or !etoH if theres mayors inaction, ordinance is

presumed appro!edH if !etoed and o!erridden by :=- of

all members, ordinance is appro!ed

Appro!ed ordinance is passed to %angguniang

panlalawigan for re!iewo Githin -6 days may in!alidate in whole or in

part and its action is finalH if theres inaction

within -6 days, it is deemed !alid

&ity ordinance

>ested in %angguniang panglungsod )a2ority of the .uorum !oting, ordinance is passed

%ubmitted to )ayor within *6 days

o Appro!e

o >eto 0 :=- of all members 0 appro!ed

o Inaction 0 deemed appro!ed

If city or component city 0 submit to %angguniangpanlalawigan for re!iew which shall ta1e action within

-6 days, otherwise, it will be deemed !alid

Pro!incial ordinance

%angguniang panlalawigan 0 ma2ority of .uorum

!oting, passage of ordinance

/orwarded to the Ko!ernor who within *7 days from

receipt shallo Appro!e

o >eto 0 :=- of all members 0 appro!ed

o Inaction 0 deemed appro!ed

VALIDITY

Presumption of constitutionality

E!ery statute is presumed !alid

o Lies on how a law is enacted

o Due respect to the legislati!e who passed and

eecuti!e who appro!edo Responsibility of upholding the constitution

rests not on the courts alone but on the

legislati!e and eecuti!e branches as well

&ourts cannot in.uire into the wisdom or propriety of

laws

4o declare a law unconstitutional, the repugnancy of

the law to the constitution must be clear and

une.ui!ocal

All reasonable doubts should be resol!ed in fa!or of

the constitutionality of lawH to doubt is to sustain

/inal arbiter of unconstitutionality of law is

%upreme &ourt E5 'A5& (ma2ority who too1

and !oted thereon"

5onetheless, trial courts ha!e 2urisdiction to init

decide the issue of constitutionality of a law

appropriate cases

Re.uisites for eercise of 2udicial power

4he eistence of an appropriate case

Interest personal and substantial by the party raithe constitutional .uestion

Plea that the function be eercised at the ear

opportunity

5ecessity that the constitutional .uestion be pa

upon in order to decide the case

Appropriate case

'ona fide case 0 one which raises a 2ustici

contro!ersy

#udicial power is limited only to real, actual, earn

and !ital contro!ersy

&ontro!ersy is 2usticiable when it refers to m

which is appropriate for court re!iewH pertainissues which are inherently susceptible of bdecided on grounds recognied by law

&ourts cannot rule on Bpolitical .uestionsC 0 .uest

which are concerned with issues dependent upon

wisdom (!$ legality" of a particular act or mea

being assailed

o Bseparation of powersC

o @owe!er, &onstitution epands the con

of 2udicial re!iew 0 2udicial power inclu

the duty of the courts of 2ustice to settle ac

contro!ersies in!ol!ing rights which

legally demandable and enforceable and

determine whether or not there has been Kamounting to lac1 or ecess of 2urisdiction

the branch or the part of any bra

instrumentality of the Ko!ernment

%tanding to sue

Legal standing or locus standi 0 personal= substan

interest in the case such that the party has sustaine

will sustain direct in2ury as a result of go!ernmeact that is being challenged

BinterestC 0 an interest in issue affected by the decr

&itien 0 ac.uires standing only if he can establish

he has suffered some actual or threatened conc

in2ury as a result of the allegedly illegal conduct ofgo!ernment

o E$g$ tapayer 0 when it is shown that pu

funds ha!e been illegally disbursed

)ember of the %enate or of the @ouse has lstanding to .uestion the !alidity of the Preside

!eto or a condition imposed on an item in

appropriations bills

%& may, in its discretion, ta1e cogniance of a

which does not satisfy the re.uirement of l

standing

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o E$g$ calling by the President for the

deployment of the Philippine )arines to 2oin

the P5P in !isibility patrols around the metro

Ghen to raise constitutionality

at the earliest possible opportunity 0 i$e$ in the

pleading

it may be raised in a motion for reconsideration = new

trial in the lower courtH or

in criminal cases 0 at any stage of the proceedings oron appeal

in ci!il cases, where it appears clearly that a

determination of the .uestion is necessary to a

decision, and in cases where it in!ol!es the 2urisdiction

of the court below

5ecessity of deciding constitutionality

where the constitutional .uestion is of paramount

public interest and time is of the essence in the

resolution of such .uestion, adherence to the strict

procedural standard may be relaed and the court, inits discretion, may s.uarely decide the case

where the .uestion of !alidity, though apparently hasbecome moot, has become of paramount interest and

there is undeniable necessity for a ruling, strong

reasons of public policy may demand that its

constitutionality be resol!ed

4est of constitutionality

is what the &onstitution pro!ides in relation to what

can or may be done under the statute, and not by what

it has been done under it$o If not within the legislati!e power to enact

o If !ague 0 unconstitutional in : respects >iolates due process

Lea!es law enforcers unbridled

discretion in carrying out its

pro!isions

o Ghere theres a change of circumstances 0

i$e$ emergency laws

Ordinances (test of !alidity are"

o It must not contra!ene the &onstitution or any

statute

o It must not be unfair or oppressi!e

o It must not be partial or discriminatory

o It must not prohibit but may regulate trade

o It must be general and consistent with public

policy

o It must not be unreasonable

Effects of unconstitutionality

It confers no rights

Imposes no duties

Affords no protection

&reates no office

In general, inoperati!e as if it had ne!er been passed

: !iews

o Orthodo !iew 0 unconstitutional act is n

lawH decision affect ALL

o )odern !iew 0 less stringentH the cour

passing upon the .uestion

unconstitutionality does not annul or rep

the statute if it finds it in conflict with

&onstitutionH decisions affects parties O5

and no 2udgment against the statuteH opin

of court may operate as a precedentH it d

not repeal, supersede, re!o1e, or annulstatute

In!alidity due to change of conditions

Emergency laws

It is deemed !alid at the time of its enactment a

eercise of police power

It becomes in!alid only because the change

conditions ma1es its continued operation !iolati!the &onstitution, and accordingly, the declaration o

nullity should only affect the parties in!ol!ed in

case and its effects applied prospecti!ely

Partial in!alidity Keneral rule that where part of a statute is !oid

repugnant to the &onstitution, while another par

!alid, the !alid portion, if separable from the in!a

may stand and be enforced

Eception 0 that when parts of a statute are

mutually dependent and connected, as conditi

considerations, inducements, or compensations

each other, as to warrant a belief that the legislaintended them as a whole, the nullity of one part

!itiate the rest 0 such as in the case of Tatad v Se

Department of Energy and Antonio v. COMELEC

EFFECT AND OPERATION

Ghen laws ta1e effect

Art : && 3 B laws to be effecti!e must be publis

either in the Official Kaette or in a newspapegeneral circulation in the countryC

o 4he effecti!ity pro!ision refers to all statu

including those local and pri!ate, unless th

are special laws pro!iding a diffe

effecti!ity mechanism for particular statut

%ec *; &hapter 7 'oo1 * of Administrati!e &ode

Effecti!ity of laws

o default rule 0 *73day period

o must be published either in the OKnewspaper of general circulation in countryH publication must be full

4he clause Bunless it is otherwise pro!idedC 0 so

refers to the *73day period and not to the re.uirem

of publication

Ghen Presidential issuances, rules and regulations ta1e effec

4he Presidents ordinance power includes the autho

to issue EO, AO, Proclamations, )O, )& and gen

or specific orders

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Re.uirement of publication applies ecept if it is

merely interpretati!e or internal in nature not

concerning the public

: types

o 4hose whose purpose is to enforce or

implement eisting law pursuant to a !alid

delegation or to fill in the details of a statuteH

re.uires publication

o 4hose which are merely interpretati!e in

nature or internalH does not re.uirepublication

Re.uirements of filing (*+; Administrati!e &ode"

o E!ery agency shall file with the FP Law

&enter - certified copies of e!ery rule

adopted by it$ Rules in force on the date of

effecti!ity of this &ode which are not filed

within - months from that date shall not

thereafter be the basis of any sanction againstany party= persons

Ghen local ordinance ta1es effect

Fnless otherwise stated, the same shall ta1e effect *6days from the date a copy is posted in a bulletin board

at the entrance of the pro!incial capitol or city,

municipality or barangay hall, A5D in at least : other

conspicuous places in the local go!ernment unitconcerned

4he secretary to the %angguinian concerned shall cause

the posting not later than 7 days after appro!alH tet

will be disseminated in English or 4agalogH the

secretary to the %angguinian concerned shall record

such fact in a boo1 1ept for that purpose, stating the

dates of appro!al and posting

Kist of ordinance with penal sanctions shall be

published in a newspaper of general circulation withinthe respecti!e pro!ince concernedH if 5O newspaper ofgeneral circulation in the pro!ince, PO%4I5K shall be

made in all municipalities and cities of the pro!ince

where the %anggunian of origin is situated

/or highly urbanied and independent component

cities, main features of the ordinance, in addition to the

posting re.uirement shall be published once in a local

newspaper$ In the absence of local newspaper, in anynewspaper of general circulation

o @ighly urbanied city 0 minimum population

of :66,666 and with latest annual income of

at least 76) Php

%tatutes continue in force until repealed

Permanent= indefinite 0 law once established continues

until changed by competent legislati!e power$ It is not

changed by the change of so!ereignty, ecept that of

political nature

4emporary 0 in force only for a limited period, and

they terminate upon epiration of the term stated or

upon occurrence of certain e!entsH no repealing statute

is needed

4erritorial and personal effect of statutes

All people within the 2urisdiction of the Philippines

)anner of computing time

%ee Art$ *- &&

Ghere a statute re.uires the doing of an act with

specified number of days, such as ten days f

notice, it means ten calendar days and 5O4

wor1ing days

E$g$ * year from Oct$ 9, *+98 is Oct$ 9, *+9

If last day falls on a %unday or holiday, the act can

be done the following day Principle of Beclude the first, include the lastC DO

5O4 APPLM to the computation of the period

prescription of a crime, in which rule, is that if the

day in the period of prescription of a felony falls o

%unday or legal holiday, the information concern

said felony cannot be filed on the net wor1ing daythe offense has by then already prescribed

CHAPTER TWO: Construt!on an" Inter#retat!on

NATURE AND PURPOSE

&onstruction defined

&onstruction is the art or process of disco!ering

epounding the meaning and intention of the auth

of the law, where that intention rendered doubtf

reason of ambiguity in its language or of the fact

the gi!en case is not eplicitly pro!ided for in the la

&onstruction is drawing of warranted conclus

beyond direct epression of the tet epressions w

are in spirit though not within the tet$

ine!itably, there enters into the construction

statutes the play of #FDI&IAL #FDK)E54 withe limits of the rele!ant legislati!e materials

it in!ol!es the EER&I%E O/ &@OI&E 'M 4

#FDI&IARM

&onstruction and interpretation distinguished

4hey are so ali1e in practical results and so are u

interchangeablyH synonymous$

&onstruction Interpretation

3 process of drawing

warranted conclusions notalways included in direct

epressions, or determiningthe application of words to

facts in litigation

3 art of finding the true

meaning and sense of anyform of words

Rules of construction, generally

Rules of statutory construction are tools used

ascertain legislati!e intent$

5O4 rules of law but mere aioms of eperience

In enacting a statute, the legislature is presume

1now the rules of statutory construction, in case

doubt, be construed in accordance with the se

principles of interpretation$

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Legislature sometimes adopts rules of statutory

construction as part of the pro!isions of the statute 3

see eamples page 9+376

Legislature also defines to ascertain the meaning of

!ague, broad words= terms

Purpose of ob2ect of construction

4he purpose is to ascertain and gi!e effect to the intentof the law$

4he ob2ect of all 2udicial interpretation of a statute is todetermine legislati!e intent, either epressly or

impliedly, by the language usedH to determine the

meaning and will of the law ma1ing body and disco!er

its true interpretations of law$

Legislati!e intent, generally

is the essence of the law

Intent is the spirit which gi!es life to legislati!e

enactment$ It must be enforced when ascertained,

although it may not be consistent with the strict letter

of the statute$ It has been held, howe!er, that that the

ascertainment of legislati!e intent depend more on a

determination of the purpose and ob2ect of the law$ Intent is sometimes e.uated with the word Bspirit$C

Ghile the terms purpose, meaning, intent, and spiritare oftentimes interchangeably used by the courts, not

entirely synonymous

Legislati!e purpose

A legislati!e purpose is the reason why a particular

statute was enacted by legislature$

Legislation Bis an acti!e instrument and go!ernment

which, for the purpose of interpretation means thatlaws ha!e ends to be achie!edC

Legislati!e meaning Legislati!e meaning is what the law, by its language,

means$

Ghat it comprehendsH

Ghat it co!ers or embracesH

Ghat its limits or confines are$

Intent and )eaning 0 synonymous

If there is ambiguity in the language used in a statute,its purpose may indicate the meaning of the language

and lead to what the legislati!e intent is

Kraphical illustration 0

Federation of Free Farmers v CA. RA 5o$ ;6+ %ec$ * 0 BIn absence of a written milling

agreements between the ma2ority of the planters and

the millers, the unrefined sugar as well as all by3products shall be di!ided between themC

RA ;6+ %ec$ + 0 B4he proceeds of any increase in

participation granted by the planters under this act and

abo!e their present share shall be di!ided between the

planter and his laborer in the proportion of 86N

laborer and 96N planterC

4o gi!e literal import in interpreting the two section

will defeat the purpose of the Act

4he purpose

o &ontinuous production of sugar

o 4o grant the laborers a share in the increa

participation of planters in the sugar produ

4he legislati!e intent is, thus to ma1e the act opera

irrespecti!e of whether there eists a mil

agreement between central and the sugar planters$

)atters in.uired into in construing a statute

BIt is not enough to ascertain the intention ofstatuteH it is also necessary to see whether the inten

or meaning has been epressed in such a way a

gi!e it legal effect or !alidityC

4hus 4he ob2ect of in.uiry is not only to 1now w

the legislature used sufficiently epresses

meaning$ 4he legal act is made up of : elements

o internal 0 intention

o eternal3 epression

/ailure of the latter may defeat the former

Ghere legislati!e intent is ascertained 4he primary source of legislati!e intent is the sta

itself$

If the statute as a whole fails to indicate the legisla

intent because of ambiguity, the court may l

beyond the statute such aso Legislati!e history 0 what was in

legislati!e mind at the time the statute enactedH what the circumstances wereH w

e!il was meant to be redressed

o Purpose of the statute 0 the reason or ca

which induced the enactment of the law,

mischief to be suppressed, and the po

which dictated its passageo when all these means fail, loo1 into the ef

of the law$

If the -rdmeans (effect of the lawfirst used, it will be 2ud

legislation

POWER TO CONSTRUE

&onstruction is a 2udicial function

It is the court that has the final word as to what the

means$

It construes laws as it decide cases based on fact

the law in!ol!ed

Laws are interpreted in the contet of a peculiar fac

situation of each case

&ircumstances of time, place, e!ent, person particularly attendant circumstances and act

before, during and after the operati!e fact ha!e ta

their totality so that 2ustice can be rationally and fa

dispensed$

)oot and academic 0

o Purpose has become stale

o 5o practical relief can be granted

o Relief has no practical effect

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Keneral rule (on mootness" 0 dismiss the case

o Eception

If capable of repetition, yet e!ading

re!iew

Public interest re.uires its resolution

Rendering decision on the merits

would be of practical !alue

Legislati!e cannot o!errule 2udicial construction

It cannot preclude the courts from gi!ing the statutedifferent interpretation

Legislati!e 0 enact laws

Eecuti!e3 to eecute laws

#udicial3 interpretation and application

If the legislature may declare what a law means 0 it

will cause confusionit will be !iolati!e of the

fundamental principles of the constitution of

separation powers$

Legislati!e construction is called resolution or

declaratory act

Endencia v David

Eplains why legislati!e cannot o!errule %upreme

&ourts decision

Perfecto v. Meer

Art$ ; %ec$ + *+-7 &onstitution 0 %&s interpretation

Bshall recei!e such compensation as may be fied by

law, which shall not be diminished during their

continuance in officeC 0 eempt from income ta

Legislati!e passed RA 7+6 %ec$ *- 0 Bno salary

whene!er recei!ed by any public officer of theRepublic shall be considered eempt from the income

ta, payment of which is hereby declared not to be adiminution of his compensation fied by the

&onstitution or by lawC

%ource of confusion

>iolati!e of principle on separation of powers

RA 7+6 %ec *- 0 unconstitutional

Art ; %ec$ + *+-7 0 repealed by Art$ *7 %ec$ 8 *+-

&onstitution 0 Bno salary or any form of emolument of

any public officer or employee, includingconstitutional officers, shall be eempt from payment

of income taC

4hus, 2udiciary is not eempt from payment of ta

anymore

Ghen 2udicial interpretation may be set aside

BInterpretations may be set aside$C 4he interpretation

of a statute or a constitutional pro!ision by the courtsis not so sacrosanct as to be beyond modification or

nullification$

4he %upreme &ourt itself may, in an appropriate case

change or o!errule its pre!ious construction$

4he rule that the %upreme &ourt has the final word in

the interpretation or construction of a stature merely

means that the legislature cannot, by law or resolution,

modify or annul the 2udicial construction without

modifying or repealing the !ery statute which has b

the sub2ect of construction$ It can, and it has done

by amending or repealing the statute, the conse.ue

of which is that the pre!ious 2udicial constructio

the statute is modified or set aside accordingly$

Ghen court may construe statute

B4he court may construe or interpret a statute unthe condition that 4@ERE I% DOF'4

A)'IKFI4MC Ambiguity 0 a condition of admitting : or m

meanings$ %usceptible of more than one interpretat

Only when the law is ambiguous or doubtfu

meaning may the court interpret or construe its inte

&ourt may not construe where statute is clear

A statute that is clear and unambiguous is susceptible of interpretations$

/irst and fundamental duty of court 0 to apply the l

&onstruction 0 !ery last function which the c

should eercise

Law is clear 0 no room for interpretation, only ro

for application &ourts cannot enlarge or limit the law if it is clear

free from ambiguity (e!en if law is harsh or onerou

A meaning that does not appear nor is intendedreflected in the !ery language of the statute canno

placed therein by construction

Manikan v. Tanodbayan

%ec$ PD **83A 0 Bsole police authorityC of EP

officials may not be construed as an eception to

limitation on, the authority of the 4anodbayanin!estigate complaints for !iolation of the anti3g

law committed by the EPA officials

EPAs power 0 not eclusi!eH BsoleC refers to poauthority not emplyed to describe other power

Lapid v. CA

Issue whether or not the decision of the Ombudsm

imposing a penalty of suspension of one year with

pay is immediately eecutory

Administrati!e &ode and LK& 0 not suppletory

Ombudsman Act

4hese three laws are related or deal with pu

officers, but are totally different statutes

An administrati!e agency tas1ed to implemen

statute may not construe it by epanding its meawhere its pro!isions are clear and unambiguous

Land ank v. CA

DAR interpreted BdepositsC to include trust accoun

%& held that BdepositsC is limited only to cash

L'P bonds

Libanan v. !"ET

Issue whether ballots not signed at the bac1 by

chairman of the 'oard of Election Inspectors ('EI"spurious, since it !iolated %ec$ :9 RA *88

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@eld not spuriousH only renders the 'EI accountable

Rulings of %upreme &ourt part of legal system

Art$ ; && 0 B#udicial decisions applying or

interpreting the laws or the &onstitution shall form part

of the legal system of the PhilippinesC

Legis interpretato #egis vim obtinet 0 authoritati!e

interpretation of the %& of a statute ac.uires the force

of law by becoming a part thereof as of the date of its

enactment , since the courts interpretation merelyestablishes the contemporaneous legislati!e intent thatthe statute thus construed intends to effectuate

Stare decisis et non $%ieta novere & when the %& has

once laid down a principle of law as applicable to a

certain state of facts, it will adhere to that principle andapply it to all future casese where the facts are

substantially the same

o /or stability and certainty

%upreme &ourt becomes, to the etent applicable, the

criteria that must control the actuations not only of

those called upon to abide thereby but also of those

duty3bound to enforce obedience thereto$

%& rulings are binding on inferior courts

#udicial rulings ha!e no retroacti!e effect

Le prospicit not respicit 3 the law loo1s forward, not

bac1ward

Rationale Retroacti!e application of a law usually

di!est rights that ha!e already become !ested or

impairs he obligations of contract and hence is

unconstitutional$

Peo !$ #abinal

Peo ! )acarandang 0 peace officer eempted fromissuance of license of firearms 0 included a secret

agent hired by a go!ernor

Peo$ !$ )apa 0 abandoned doctrine of )acarandang in

*+8

4he present case, #abinal was arraigned while the

)acarandang Doctrine was still pre!ailing, howe!er,

the decision was promulgated when the )apa doctrine

was in place

4he &ourt held that #abinal is ac.uitted using stare

decisis doctrine and retroacti!ity doctrine

Co. v. CA

On 'P ::, &o is ac.uitted in relying on the &ircular

issuedH ue doctrine, which con!icted ue under 'P

::, was not gi!en retroacti!e application

"oa v. Co##ector of C%stoms

Fsed 2us soli (place of birth"

%& fa!ored 2us sanguinis (by blood"

@owe!er, the abandonment of the principle of 2us soli

did not di!est the citienship of those who, by !irtue of

the principle before its re2ection, became of were

declared citiens of the Philippines

en'onan v. CA

Issue when to count the 73year period to repurchase

land granted &A *9*

)onge ! Angeles (*+7" and 4upas ! Damaso (*+

0 from the date of con!eyance or foreclosure sale

'elisario !$ IA& (*+;;" 0 from the period after

epiration of the *3year period of repurchase

4he %& held that the doctrine that should apply is

which was enunciated in )onge and 4upas beca

the transactions in!ol!ed too1 place prior to 'elis

and not that which was laid down in the latter cwhich should be applied prospecti!ely

&ourt may issue guidelines in construing statute

In construing a statute, the enforcement of which m

tread on sensiti!e areas of constitutional rights,

court may issue guidelines in applying the statute,

to enlarge or restrict it but to clearly delineate what

law is$

Peo. v. Ferrer

Ghat acts that may be considered liable under

Anti3%ub!ersion Act

Mora#es v. Enri#e

Rights of a person under custodial in!estigation

"P v. CA( Mo#ina

Kuidelines for ascertaining psychological incapacit

an erring spouse in a !oid marriage under Art$ -8 /

LIMITATIONS ON POWER TO CONSTRUE

&ourts may not enlarge nor restrict statutes

&ourts are not authoried to insert into the law wthey thin1 should be in it or to supply what they

legislature would ha!e supplied if its intention

been called to the omission$ 4hey should not by construction, re!ise e!en the m

arbitrary or unfair action of the legislature, nor rew

the law to conform to what they thin1 should be

law$

5either should the courts construe statutes which

perfectly !ague for it !iolates due process

o /ailure to accord persons fair notice of

conduct to a!oid

o Lea!e law enforcers unbridled discretio

carrying out its pro!isions

: leading stars on 2udicial construction

o Kood faith

o commonsense an utterly !ague act on its face cannot be clarified

either a sa!ing clause or by construction

&ourts not to be influenced by .uestions of wisdom

&ourts do not sit to resol!e the merit of conflictheories

&ourts do not pass upon .uestion of wisdom, 2ustic

epediency of legislation, for its not within t

pro!ince to super!ise legislation and 1eep it within

bounds of common sense$

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4he court merely interpret regardless of whether or not

they wise or salutary$

CHAPTER THREE: A!"s to Construt!on

IN GENERAL

Kenerally

Ghere the meaning of a statue is ambiguous, the court

is warranted in a!ailing itself of all illegitimate aids toconstruction in order that it can ascertain the true intent

of the statute$

4he aids to construction are those found in the printed

page of the statute itselfH 1now as the intrinsic aids,

and those etraneous facts and circumstances outside

the printed page, called e)trinsic aids$

4itle

It is used as an aid, in case of doubt in its language to

its construction and to ascertaining legislati!e will$

If the meaning of the statute is obscure, courts mayresort to the title to clear the obscurity$

4he title may indicate the legislati!e intent to etend orrestrict the scope of law, and a statute couched in a

language of doubtful import will be constructed to

conform to the legislati!e intent as disclosed in its title$

Resorted as an aid where there is doubt as to the

meaning of the law or as to the intention of the

legislature in enacting it, and not otherwise$

%er!e as a guide to ascertaining legislati!e intent

carries more weight in this 2urisdiction because of the

constitutional re.uirement that Be!ery bill shall

embrace only one sub2ect who shall be epressed in

the title thereof$

4he constitutional in2unction ma1es the title an

indispensable part of a statute$

ag%io v. Marcos

4he .uestion raised is when to count the 96 yr period

to file a petition for reopening of cadastral proceedings

(to settle and ad2udicate the titles to the !arious lots

embraced in the sur!ey" as authoried by RA +-*

co!ering the lands that ha!e been or about to be

declared land of public domain, by !irtue of 2udicial

proceedings instituted w=in the 96 years net preceding

the appro!al of this act$

4he .uestion is as1ed if the proceeding be reopenedoriginally instituted in court April *:, *+*: or

5o!ember :7, *+::, the counted date form which thedecision therein rendered became final$ Petition was

filed on #uly :7, *+8*

4itle of the Law BAn Act to authorie the filing in the

proper court under certain conditions of certain claims

of title to parcels of land that ha!e been declaredpublic land, by !irtue of the appro!al of this act$C

4here was an apparent inconsistency between the title

and body of the law$

It ruled that the starting date to count the period is the

date the final decision was rendered$

It recites that it authories court proceedings of cla

to parcels of land declared public by !irtue of 2udi

decisions rendered within forty years net preced

the appro!al of this act$

4hat title written in capital letters by &ongress its

such 1ind of title then is not to be classed with w

or titles used by compilers of statues because it islegislature spea1ing$

Gords by !irtue of 2udicial decisions rendered in

title of the law stand in e.ual importance to the phin %ections * thereof by !irtue of 2udicial proceed

instituted$

4he court ruled that eamining Act no$ :;9 in de

was intended to apply to public lands only for the

of the act, always indicati!e of legislati!e intent$

5o bill shall embrace more than one sub2ect, wsub2ect shall be epressed in the title of the bill,

words and for other purposes when found in the

ha!e been held to be without force or ef

whatsoe!er and ha!e been altogether discarded

construing the Act$

Ebar#e v. S%ca#dito 4he issue is raised whether Eecuti!e order no$

entitled B Outlining the procedure by which complacharging go!ernment officials and employees w

commission of irregularities should be guidedC app

to criminal actions, to the end that no prelimin

in!estigation thereof can be underta1en or informa

file in court unless there is pre!ious compliance w

the eecuti!e order$

EO only applies to administrati!e and not to crim

complaints$

4he !ery title spea1s of commission of irregularitie

Ghen resort to title not authoried 4he tet of the statute is clear and free from doubt,

improper to resort to its title to ma1e it obscure$

4he title may be resorted to in order to remo!e, but

to create doubt$

Preamble

It is a part of the statute written immediately afte

title, which states the purpose, reason for

enactment of the law$

Fsually epress in whereas clauses$

Kenerally omitted in statutes passed by

Phil$ &ommission

Phil$ Legislature 5ational Assembly

&ongress of the Phil

'atasang Pambansa

4hese legislati!e bodies used the eplanatory not

eplain the reasons for the enactment of statutes$

Etensi!ely used if Presidential decrees issued by

President in the eercise of his legislati!e power$

Ghen the meaning of a statute is clear

unambiguous, the preamble can neither epand

restrict its operation, much less pre!ail o!er its t

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5or can be used as basis for gi!ing a statute a

meaning$

Ghen the statute is ambiguous, the preamble can be

resorted to clarify the ambiguity$

Preamble is the 1ey of the statute, to open the minds of

the lawma1ers as to the purpose is achie!ed, the

mischief to be remedied, and the ob2ect to beaccomplished, by the pro!isions of the legislature$

)ay decide the proper construction to be gi!en to the

statute$ )ay restrict to what otherwise appears to be a broad

scope of law$

It may epress the legislati!e intent to ma1e the law

apply retroacti!ely in which case the law has to be

gi!en retroacti!e effect$

Illustration of rule

Peop#e v. P%risima

A person was charged w= !iolation of PD + which

penalies, among others, the carrying outside of ones

residence any bladed, blunt or pointed weapon not

used as a necessary tool or implement for li!elihood,with imprisonment ranging from fi!e to ten years$

uestion rose whether the carrying of such weapon

should be in relation to sub!ersion, rebellion,insurrection, lawless !iolence, criminality, chaos or

public disorder as a necessary element of the crime$

4he mere carrying of such weapon outside ones

residence is sufficient to constitute a !iolation of the

law

Pursuant to the preamble which spelled out the e!ents

that led to the enactment of the decree the clear intent

and spirit of the decree is to re.uire the moti!ationmentioned in the preamble as in indispensable element

of the crime$ 4he se!erity of the penalty for the !iolation of the

decree suggests that it is a serious offense, which may

only be 2ustified by associating the carrying out of

such bladed of blunt weapon with any of the purposes

stated in its preamble$

Peo v. Ec*ave'

Issue whether a person who s.uatted on a pastoral

land could be held criminally liable for the !iolation of

PD : Bany person who, with the use of force,

intimidation or threat, or ta1ing ad!antage of the

absence or tolerance of the land owner, succeeds in

occupying or possessing the property of the latteragainst his will for residential, commercial or anyother purposes$

4he decree was promulgated to sol!e the s.uatting

problem which according to its preamble is still a

ma2or problem in urban communities all o!er the

country and because many persons and entities found

to ha!e been unlawfully occupying public and pri!ate

lands belong to the affluent class$

4he court said that crime may only be committed in

urban communities and not in agricultural and pastural

lands because the preamble of the decree shows that it

was intended to apply for s.uatting in urban la

more particularly to illegal constructions$

&ontet of whole tet

4o ascertain legislati!e intent is the statute itself ta

as a whole and in relation to one another conside

the whole contet of the statute and not from

isolated part of the pro!ision$

4he meaning dictated by the contet pre!ails$

E!ery section, pro!ision, or clause of the statute mbe epounded by reference to each other in orde

arri!e at the effect contemplated by the legislature$

Punctuation mar1s

%emi3 colon 0 used to indicate a separation in

relation of the thought, what follows must ha!

relation to the same matter it precedes it$

&omma and semi3 colon are use for the same purp

to di!ide sentences, but the semi 0 colon ma1es

di!ision a little more pronounce$ 'oth are not use

introduce a new idea$

Punctuation mar1s are aids of low degree and

ne!er control against the intelligible meaningwritten words$

An ambiguity of a statute which may be partiall

wholly sol!ed by a punctuation mar1 may considered in the construction of a statute$

4he .ualifying effect of a word or phrase may

confined to its last antecedent if the latter is separ

by a comma from the other antecedents$

An argument based on punctuation is not persuasi!

Illustrati!e eamples

F#orentino v. P+

Bwho may be willing to accept the same for ssettlementC 0 this implies discretion

%& held only the last antecedent 0 Bany citien of

Philippines or any association or corporation organ

under the laws of the PhilippinesC

pursuant to which bac1pay certificate3holders

compel go!ernment3owned ban1s to accept

certificates for payment of their obligations subsisat the time of the amendatory act was appro!ed

+era v. ,arcia

Bif the charge against such subordinate or emplo

in!ol!es dishonesty, oppression, or gra!e miscon

or neglect in the performance of his dutyC

BdishonestyC and BoppressionC 0 need not committed in the course of the performance of duty

the person charges

Peo. v. S%bido

%ubsidiary imprisonment in case of insol!e

.ualifies both non3payment of indemnity and n

payment of fine

&apitaliation of letters

An aid of low degree in the construction of statute$

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@eadnotes or epigraphs

%econdary aids

4hey are prefied to sections, or chapters of a statute

for ready reference or classification$

5ot entitled too much weight, and inferences drawn

there from are of little !alue and they can ne!er control

the plain terms of the enacting clauses, for they are not

part of the law$

4he pro!isions of each article are controlling upon the

sub2ect thereof and operate as a general rule forsettling such .uestions as are embraced therein$

Ghen the tet of a statute is clear and unambiguous,

there is neither necessity nor propriety to resort to the

headings or epigraphs of a section for interpretation of

the tet, especially when they are mere reference aids

indicating the general nature of the tet that follows$

Lingual tet

Rule is that, unless pro!ided, where a statute is

promulgated in English and %panish, English shall

go!ern but in case of ambiguity, %panish may be

consulted to eplain the English tet$

A statute is officially promulgated in %panish or inEnglish, or in /ilipino

BIn the interpretation of a law or administrati!eissuance promulgated in all the official languages, the

English tet shall control, unless otherwise pro!ided$

Intent or spirit of law

It is the law itself$

&ontrolling factor, leading star and guiding light in the

application and interpretation of a statute$

A statute must be according to its spirit or intent$

4he courts cannot assume an intent in no way

epressed and then construe the statute to accomplishthe supposed intentionH otherwise they would pass

beyond the bounds of 2udicial power to usurp

legislati!e power$

Policy of law

%hould be gi!en effect by the 2udiciary$

One way to accomplish this mandate is to gi!e astatute of doubtful meaning, a construction that will

promote public policy$

Tinio v. Francis

Policy of the law 0 to conser!e the land of the

homesteader not be sub2ect to encumbrance= alienation from the

date of the appro!al of the application and for a termof 7 years from and after the date of the issuance of the

patent or grant

o from the ORDER for the issuance of patent

o if literal interpretation is to be used, policy

will be defeated

Ca-i%at v. Mat*ay

policy 0 against double pensions for the same ser!ices

a law which grants retirable employees certain grat

Bin addition to other benefits which they are enti

under eisting lawsC &A55O4 be construed a

authorie the grant of double gratuity

Bother benefitsC may be

o Refund of contributions

o Payment of the money !alue of accumul

!acation and sic1 lea!es

Purpose of law or mischief to be suppressed

Intended to be remo!ed or suppressed and the cau

which induced the enactment of the law are imporfactors to be considered in this construction$

o Purpose or ob2ect of the law

o )ischief intended to be remo!ed

o &auses which induced the enactment of

law

)ust be read in such a way as to gi!e effect to

purpose pro2ected in the statute$

4he purpose of the general rule is not determinati!

the proper construction to be gi!en to the eception

Purpose of statute is more important than the rule

grammar and logic in ascertaining the meaning

Dictionaries

A statute does not define word or phrases used$

Kenerally define words in their natural plain

ordinary acceptance and significance$

&onse.uences of !arious constructions

In.uired as an additional aid to interpretation$

A construction of a statute should be re2ected that

cause in2ustice and hardship, result in absurdity, delegislati!e intent or spirit, preclude accomplishmen

legislati!e purpose or ob2ect, render certain word

phrases a surplusage, nullify the statute or ma1e an

its pro!isions nugatory$

Presumptions

'ased on logic, eperience, and common sense, anthe absence of compelling reasons to the contr

doubts as to the proper and correct construction

statute will be resol!ed in fa!or of that construc

which is in accord with the presumption on the mat

o &onstitutionality of a statute

o &ompleteness

o Prospecti!e operation

o Right and 2ustice

o Effecti!e, sensible, beneficial and reason

operation as a whole

o Against inconsistency and implied repeal

unnecessary changes in law

impossibility

absurdity

in2ustice and hardship

incon!enience

ineffecti!eness$

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LEGISLATIVE HISTORY

Kenerally

A statute is susceptible of se!eral interpretations or

where there is ambiguity in the language, there is no

better means of ascertaining the will and intention of

the legislature than that which is afforded by the

history of the statute$

Ghat constitutes legislati!e history @istory of a statute refers to all its antecedents from its

inception until its enactment into law$

Its history proper co!ers the period and the steps done

from the time the bill is introduced until it is finally

passed by the legislature$

Ghat it includes

o Presidents message if the bill is enacted in

response thereto,

o 4he eplanatory note accompanying the bill

o &ommittee reports of legislati!e

in!estigations

o Public hearings on the sub2ect of the bill

o %ponsorship speecho Debates and deliberations concerning the bill

o Amendments and changes in phraseology in

which it undergoes before final appro!al

thereof$

o If the statute is based from a re!ision, a prior

statute, the latters practical application and

2udicial construction,

o >arious amendments it underwent

o &ontemporary e!ents at the

Presidents message to legislature

4he president shall address the congress at the opening

of its regular session or appear before it at any othertime$

Fsually contains proposed legal measures$

Indicates his thin1ing on the proposed legislation,

when enacted into law, follows his line of thin1ing on

the matter$

Eplanatory note

A short eposition of eplanation accompanying a

proposed legislation by its author or proponent$

Ghere there is ambiguity in a statute or where a statute

is susceptible of more than one interpretation, courts

may resort to the eplanatory note to clarify the

ambiguity and ascertain the purpose or intent of the

statute$

Fsed to gi!e effect to the purpose or intent asdisclosed in its eplanatory note$

A statute affected or changed an eisting law and the

eplanatory note to the bill which has e!entually

enacted into a law states that the purpose is too simply

to secure the prompt action on a certain matter by the

officer concerned and not to change the eisting lawH

the statute should be construed to carry out such

purpose$

It may be used as a basis for gi!ing a statute a mean

that is inconsistent with what is epressed in the te

the statute$

Legislati!e debates, !iews and deliberations

&ourts may a!ail to themsel!es the actual proceed

of the legislati!e body to assist in determiningconstruction of a statute of doubtful meaning$

4here is doubt to what a pro!ision of a statute me

that meaning which was put to the pro!ision duringlegislati!e deliberation or discussion on the bill may

adopted$

>iews epressed are as to the bills purpose, mean

or effect are not controlling in the interpretation of

law$

It is impossible to determine with authority wconstruction was put upon an act by the member

the legislati!e body that passed the bill$

4he opinions epressed by legislators in the cours

debates concerning the application of eisting laws

not also gi!en decisi!e weight, especially where

legislator was not a member of the assembly

enacted the said laws$ Ghen a statute is clear and free from ambiguity, co

will not in.uire into the moti!es which influence

legislature or indi!idual members, in !oting forpassageH no indeed as to the intention of the draftsm

or the legislators, so far as it has not been epres

into the act$

Reports of commissions

&ommissions are usually formed to compile

collate all laws on a particular sub2ect and to prepthe draft of the proposed code$

Prior laws from which statute is based &ourts are permitted to prior laws on the same sub

and to in!estigate the antecedents of the sta

in!ol!ed$

4his is applicable in the interpretation of co

re!ised or compiled statutes, for the prior law wh

ha!e been codified, compiled or re!ised will show

legislati!e history that will clarify the intent of theor shed light on the meaning and scope of the codi

or re!ised statute$

Peo. v. Manantan

Issue whether or not 2ustice of peace is included

&ontention of )anantan, who is a 2ustice of peacthat the omission of B2ustice of peaceC re!ealed

intention of the legislature to eclude such fromoperation

@eld contention denied$ In holding that the w

B2udgeC includes B2ustice of peaceC, the &ourt said

Ba re!iew of the history of the Re!ised Election &

will help 2ustify and clarify the abo!e conclusionC

Director of Lands v. Abaya

Ghen to count the *63year period, either from the the decision was rendered or from the date 2udi

proceedings instituted in cadastral cases

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@eld court resol!ed the issue by referring to 9 older

laws which ha!e in common that counting of the

period starts from the date of the institution of the

2udicial proceeding and not from the date the 2udgment

is rendered

Sa#aysay v. Castro

BActually holdingC < Blastly electedC

4hus, a !ice mayor acting as mayor is not included inthe pro!ision

&hange in phraseology by amendments

Intents to change the meaning of the pro!ision$

A statute has undergone se!eral amendments, each

amendment using different phraseology, the deliberateselection of language differing from that of the earlier

act on the sub2ect indicates that a change in meaning of

the law was intended and courts should so construe

that statute as to reflect such change in meaning$

Commissioner of C%stoms v. CTA

Bnational portC (new law" not the same as Bany portC(old law"H otherwise, BnationalC will be a surplusage

Amendment by deletion

Deletion of certain words or phrases in a statute

indicates that the legislature intended to change the

meaning of the statute, for the presumption is that the

legislation would not ha!e made the deletion had the

intention been not effect a change in its meaning$

A statute containing a pro!ision prohibiting the doing

of a certain thing is amended by deleting suchpro!ision$

,#oria v. CA Issue whether a public officer or employee, who has

been pre!enti!ely suspended pending in!estigation of

the administrati!e charges against him, is entitled to

his salary and other benefits during such pre!enti!e

suspension

@eld &ourt answered in the negati!e because such

pro!ision with regard to payment of salaries duringsuspension was deleted in the new law

%enaseda v. F#avier

Ombusman and his deputy can only pre!enti!ely

suspend respondents in administrati!e cases who are

employed in his office, and not those who areemployees in other department or offices of thego!ernment

Eceptions to the rule (of amendment by deletion"

An amendment of the statue indicates a change in

meaning from that which the statute originally had

applies only when the intention is clear to change the

pre!ious meaning of the old law$

Rules dont apply when the intent is clear that the

amendment is precisely to plainly epress the

construction of the act prior to its amendment because

its language is not sufficiently epressi!e of s

construction$

/re.uently, words do not materially affect the se

will be omitted from the statute as incorporated in

code or re!ised statute, or that some general idea

be epressed in brief phrases$

Adopted statutes

/oreign statutes are adopted in this country or fr

local laws are patterned form parts of the legislahistory of the latter$

Local statutes are patterned after or copied from th

of another country, the decision of the courts in s

country construing those laws are entitled to g

weight in the interpretation of such local statutes$

Limitations of rule

A statute which has been adopted from that o

foreign country should be construed in accorda

with the construction gi!en it in the country of or

is not without limitations$

Principles of common law Qnown as Anglo3American 2urisprudence which i

in force in this country, sa!e only insofar as

founded on sound principles applicable to lconditions and is not in conflict with eisting

ne!ertheless, many of the principles of the comm

law ha!e been imported into this 2urisdiction as a re

of the enactment of laws and establishment

institutions similar to those of the F%$

&onditions at time of enactment

In enacting a statute, the legislature is presume

ha!e ta1en into account the eisting conditions

things at the time of its enactment$

In the interpretations of a statute, consider the phys

conditions of the country and the circumstances t

obtain understanding as to the intent of the legislaor as to the meaning of the statute$

@istory of the times

A court may loo1 to the history of the tim

eamining the state of things eisting when the sta

was enacted$

A statute should not be construed in a spirit as were a protoplasm floating around in space$

In determining the meaning, intent, and purpose law or constitutional pro!ision, the history of the ti

of which I grew and to which it may be ration

supposed to bear some direct relationship, the e

intended to be remedied and the good to

accomplished are proper sub2ects of in.uiry$

Law being a manifestation of social culture

progress must be interpreted ta1ing into considera

the stage of such culture and progress including all

concomitant circumstances$

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Law is not a watertight compartment sealed or shut off

from the contact with the drama of life which unfolds

before our eyes$

CONTEMPORARY CONSTRUCTION

Kenerally

Are the constructions placed upon statutes at the time

of, or after their enactment by the eecuti!e, legislati!e

or 2udicial authorities, as well as by those who in!ol!ein the process of legislation are 1nowledgeable of the

intent and purpose of the law$

&ontemporary construction is strongest in law$

Eecuti!e construction, generallyH 1inds of

Is the construction placed upon the statute by an

eecuti!e or administrati!e officer$

4hree types of interpretation

o &onstruction by an eecuti!e or

administrati!e officer directly called to

implement the law$

o &onstruction by the secretary of 2ustice in his

capacity as the chief legal ad!iser of thego!ernment$

o @anded down in an ad!ersary proceeding in

the form of a ruling by an eecuti!e officer

eercising .uasi32udicial power$

Geight accorded to contemporaneous construction

Ghere there is doubt as to the proper interpretation of

a statute, the uniform construction placed upon it by

the eecuti!e or administrati!e officer charged with its

enforcement will be adopted if necessary to resol!e the

doubt$

4rue epression of the legislati!e purpose, especially if

the construction is followed for a considerable periodof time$

+est#e P*i#ippines /nc. v. CA

Reasons for why interpretation of an administrati!e

agency is generally accorded great respect

o Emergence of multifarious needs of a

moderniing society

o Also relates to eperience and growth of

specialied capabilities by the administrati!e

agency

o 4hey ha!e the competence, epertness,

eperience and informed 2udgment, and the

fact that they fre.uently are the drafters of thelaw they interpret

P*i#ippine S%gar Centra# v. Co##ector of C%stoms

Issue whether the go!ernment can legally collect

duties Bas a charge for wharfageC re.uired by a statute

upon all articles eported through pri!ately3owned

whar!es

@eld the court reasoned in the affirmati!e by sayingBthe language of the Act could ha!e been made more

specific and certain, but in !iew of its history, its long

continuous construction, and what has been done and

accomplished by and under it, we are clearly of the

opinion that the go!ernment is entitled to ha!e

recei!e the money in .uestion, e!en though the su

was shipped from a pri!ate wharf

Geight accorded to usage and practice

&ommon usage and practice under the statute,

course of conduct indicating a particular underta1

of it, especially where the usage has been ac.uiesin by all the parties concerned and has etended o!

long period of time$ Optim%s interpres rer%m %s%s & the best interpreta

of the law is usage$

&onstruction of rules and regulations

4his rule3ma1ing power, authorities sustain

principle that the interpretation by those charged w

their enforcement is entitled to great weight by court in the latters construction of such rules

regulations$

Reasons why contemporaneous construction is gi!en mweight

It is entitled to great weight because it comes from

particular branch of go!ernment called upon

implement the law thus construed$

Are presumed to ha!e familiaried themsel!es with

the considerations pertinent to the meaning purpose of the law, and to ha!e formed

independent, conscientious and competent e

opinion thereon

Ghen contemporaneous construction disregarded Ghen there is no ambiguity in the law$

If it is clearly erroneous, the same must be decla

null and !oid$

Erroneous contemporaneous construction does not prec

correction nor create rightsH eceptions

4he doctrine of estoppel does not preclude correc

of the erroneous construction by the officer himsel

his successor or by the court in an appropriate case

An erroneous contemporeaneous construction cre

no !ested right on the part of those relied upon, followed such construction$

Legislati!e interpretation

4a1e form of an implied ac.uiescence to, or appro

of, an eecuti!e or 2udicial construction of a statute

4he legislature cannot limit or restrict the po

granted to the courts by the constitution$

Legislati!e appro!al

Legislati!e is presumed to ha!e full 1nowledge

contemporaneous or practical construction of a sta

by an administrati!e or eecuti!e officer charged w

its enforcement$

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4he legislature may appro!e or ratify such

contemporaneous construction$

)ay also be showmen by the legislature appropriating

money for the officer designated to perform a tas1

pursuant to interpretation of a statute$

Legislati!e ratification is e.ui!alent to a mandate$

Reenactment

)ost common act of appro!al$

4he re3enactment of a statute, pre!iously gi!en acontemporaneous construction is persuasi!e indication

of the adoption by the legislature of the prior

construction$

Re3enactment if accorded greater weight and respect

than the contemporaneous construction of the statute

before its ratification$

%tare decisis

#udicial interpretation of a statute and is of greater

weight than that of an eecuti!e or administrati!e

officer in the construction of other statutes of similar

import$

It is an in!aluable aid in the construction orinterpretation of statutes of doubtful meaning$

%tare decisis et non .uieta mo!ere 0 one should follow

past precedents and should not disturb what has beensettled$

%upreme &ourt has the constitutional duty not only of

interpreting and applying the law in accordance with

prior doctrines but also of protecting society from the

impro!idence and wantonness wrought by needless

uphea!als in such interpretations and applications

In order that it will come within the doctrine ofstare

decisis, must be categorically stated on an issue

epressly raised by the partiesH it must be a direct

ruling, not merely an obiter dictum Obiter dictum 0 opinion epressed by a court upon

some .uestion of law which is not necessary to thedecision of the case before itH not binding as a

precedent

4he principle presupposes that the facts of the

precedent and the case to which it is applied are

substantially the same$

Ghere the facts are dissimilar, then the principle of

stare decisis does not apply$

4he rule of stare decisis is not absolute$ It does not

apply when there is a conflict between the precedent

and the law$

4he duty of the court is to forsa1e and abandon any

doctrine or rule found to be in !iolation of law in force

Inferior courts as well as the legislature cannot

abandon a precedent enunciated by the %& ecept by

way of repeal or amendment of the law itself

CHAPTER FOUR: A"$erene to, or "e#arture %ro&,

'an(ua(e o% statute

LITERAL INTERPRETATION

Literal meaning or plain3meaning rule

Keneral rule if statute is clear, plain and free fr

ambiguity, it must be gi!en its literal meaning

applied without attempted interpretation

o >erba legis

o Inde animi sermo 0 speech is the inde

intention

o Gords employed by the legislature i

statute correctly epress its intent or will

o >erba legis non est recedendum 0 from

words of a statute there should bedeparture

o 4hus, what is not clearly pro!ided in the

cannot be etended to those matters out

its scope

#udicial legislation 0 an encroachment upon legisla

prerogati!e to define the wisdom of the law

o &ourts must administer the law as they fin

without regard to conse.uences

+ationa# Federation of Labor v. +L"C

Employees were claiming separation pay on the b

of Art$ :;- Labor &ode which states that Bemplo

)AM also terminate the employment of an employfor reasons therein by ser!ing notice thereof

paying separation pay to affected employees

4here was compulsory ac.uisition by the go!ernm

of the employers land (Patalon &oconut Estate"

purposes of agrarian reform which forced the empl

to cease his operation

Issue whether or not employer is liable for separapay

@eld 5O, employer is not liable for separation pay

o It is a unilateral and !oluntary act by

employer if he wants to gi!e separation pa

o 4his is gleaned from the wording B)AM

the statuteo B)AMC denotes that it is directory in na

and generally permissi!e only

o Plain3meaning rule is applicable

o Ano yun, ipapasara ng go!ernment ta

magbabayad pa ang employer ng separa

payS Ang daya3dayaS Lugi na nga

employer, 1i1ita pa si employeeS Fn&annot beS 5oS 5oS

o 4o depart from the meaning epressed by

words is to alter the statute, to legislate

not interpret

o )aledicta est eposition .uae corrum

tetum 0 dangerous construction whichagainst the tet

Dura le sed le

Dura le sed le 0 the law may be harsh but it is

the law

Absoluta sentential epositore non indigent 0 whenlanguage of the law is clear, no eplanation of

re.uired

Ghen the law is clear, it is not susceptible

interpretation$ It must be applied regardless of w

may be affected, e!en if it may be harsh or onerous

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@oc .uidem per.uam durum est, sed ital e scripta est

0 it is eceedingly hard but so the law is written

A decent regard to the legislati!e will shoud inhibit the

court from engaging in 2udicial legislation to change

what it thin1s are unrealistic statutes that do not

conform with ordinary eperience or practice (respeto

nalang sa ating mga mambabatasS Ghate!erS @aha2o1e only"

If there is a need to change the law, amend or repeal it,

remedy may be done through a legislati!e process, notby 2udicial decree

Ghere the law is clear, appeals to 2ustice and e.uity as

2ustification to construe it differently are una!ailing 0

Philippines is go!erned by &I>IL LAG or PO%I4I>E

LAG, not common law

E.uity is a!ailable only in the absence of law and notits replacement 0 (so, pag may law, walang e.uity

e.uityS Pero pag walang law, pwedeng mag3e.uity,

getsS$$$ important toS"

Ae.uitas nun.uam contra!enit legis 0 e.uity ne!er

acts in contra!ention of the law

DEPARTURE FROM LITERAL INTERPRETATION

%tatute must be capable of interpretation, otherwise inoperati!e

If no 2udicial certainty can be had as to its meaning,the court is not at liberty to supply nor to ma1e one

Santiago v. COMELEC

In this case, the &ourt adopted a literal meaning thus,

concluded that RA 8-7 is inade.uate to implement

the power of the people to amend the &onstitution

(initiati!e on amendments" for the following reasonso Does not suggest an initiati!e on amendments

on to the &onstitution because it is silent as to

amendments on the &onstitution and the wordB&onstitutionC is neither germane nor rele!ant

to said section

o Does not pro!ide for the contents of a petition

for initiati!e on the &onstitution

o Does not pro!ide for subtitles for initiati!e on

the &onstitution

o RA is incomplete and does not pro!ide a

sufficient standard

#ustice Puno (anoS #ustice 4reeS" dissents

o Legislati!e intent is also shown by the

deliberations on the bill that became RA

8-7 (there are 9 more reasons 0 see page

*-63*-*, which are not so important" Interpretation of RA 8-7 was not in 1eeping with the

maim interpretation fienda est ut res magis !aleat

.uam pereat 0 that interpretation as will gi!e the thing

efficacy is to be adopted

Ghat is within the spirit is within the law

Dont literally construe the law if it will render itmeaningless, lead to ambiguity, in2ustice or

contradiction

4he spirit of the law controls its letter

Ratio legis 0 interpretation according to the spiri

reason of the law

%pirit or intention of a statute pre!ails o!er the lette

A law should accordingly be so construed as to b

accordance with, and not repugnant to, the spirit of

law

Presumption undesirable conse.uences were nintended by a legislati!e measure

Literal import must yield to intent >erba intentioni, non e contra, debent inser!ir

words ought to be more subser!ient to the intent

not the intent to the words (ahhh parang intent i

woman as word is to man 0 so man is subser!ien

woman logicalS"

Kuide in ascertaining intent 0 conscience and e.uity

%o it is possible that a statute may be etended to c

not within the literal meaning of its terms, so lon

they come within its spirit or intent

Limitation of rule

&onstrue (intent o!er letter" only if there is ambigu

&onstruction to accomplish purpose

PFRPO%E or REA%O5 which induced the enactm

of the statute 0 1ey to open the brain of the legislatlegislati!e intentS

%tatutes should be construed in the light of the ob

to be achie!ed and the e!il or mischief to

suppressed

As between two statutory interpretations, that wh

better ser!es the purpose of the law should pre!ail

Sarcos v. Casti##o

4his case eplains why legislati!e purpose

determine legislati!e intent /ran1furter

o Legislati!e words are not inert but der

!itality from the ob!ious purposes at wh

they are aimed

o Legislation 0 wor1ing instrument

go!ernment and not merely as a collectio

English words

'en2amin 5atham &ardoo

o Legislation is more than a composition

o It is an acti!e instrument of go!ernm

which means that laws ha!e ends to

achie!ed

@olmes

o Gords are fleible

o 4he general purpose is a more important

to the meaning than any rule which gram

or formal logic may lay down

o &ourts are apt to err by stic1ing too closel

the words of law where those words impo

policy that goes beyond them

Soriano v. Offs*ore S*ipping and Manning Corp

A literal interpretation is to be re2ected if it would

un2ust or lead to absurd results

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Illustration of rule

0ing v. !ernande'

Issue whether or not a &hinese (parang si RA and

%erge" may be employed in a non3control position in a

retail establishment, a wholly nationalied business

under RA **;6 Retail 4rade Law (btw, wala na tong

law na Tto$ It has been repealed by the Retail 4rade

Liberaliation Act 0 my thesisS " @eld 5oS