Agpalo Notes.doc

8/20/2019 Agpalo Notes.doc

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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 by

legitimate 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 things

of 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 municipalordinance"

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• Permanent 3 one whose operation is not limited induration but continues until repealed$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!eo 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 *+:, *+; <

• 'atas Pambansa 0 'atasang Pambansa

• Identification of laws 0 serial number and=or title

ENACTMENT OF STATUTES

Legislati!e power, generally

• Power to ma1e, alter and repeal laws

• >ested in congress 0 *+; &onstitution

• President 0 *+- ? /reedom (PD and EO

respecti!ely"

• %angguniang barangay, bayan, panglungsod panlalawigan 0 only within respecti!e 2urisdiction 0

ordinances

• Administrati!e or eecuti!e officer

• Delegated power

• Issue rules and regulations to implement a

specific law

&ongress legislati!e power

• 4he determination of the legislati!e policy and it

formulation and promulgation as a defined and bindingrule of conduct$

• Legislati!e power 3 plenary ecept only to such

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 also

by the &onstitution"

Passage of bill

• Proposed legislati!e measure introduced by a member

of congress for enactment into law

• %hall embrace only one sub2ect which shall be

epressed in the title• %inged by authors

• /ile with the %ecretary of the @ouse

• 'ills may originate from either lower or upper @ouse

• 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 Art 8

%ec :8 (*""

• %ecretary reports the bill for first reading

• /irst reading 0 reading the number and title, referral to

the appropriate committee for study and

recommendation

• &ommittee 0 hold public hearings and

submits report and recommendation for

calendar for second reading

• %econd reading 0 bill is read in full (with amendments

proposed by the committee" 0 unless copies aredistributed and such reading is dispensed with

o 'ill will be sub2ect to debates, motions and

amendmentso 'ill will be !oted on


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o A bill appro!ed shall be included in the

calendar of bills for -rd reading

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

submitted for final !ote by yeas and nays,

• 'ill appro!ed on the -rd reading 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

houseso 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 where

it originated with recommendationo :=- 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 withthe 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 proposalo 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 are

re.uired by the &onstitution

• Disputable with respect to all other matters

• 'y reason of public policy, authenticity of laws shouldrest upon public memorials of the most permanen

character

• %hould be public

Enrolled bill

• 'ills passed by congress authenticated by the %pea1er

and the %enate President and appro!ed by the

President

• Importing absolute !erity and is binding on the courts

o It carries on its face a solemn assurance that i

was passed by the assembly by the legislati!e

and eecuti!e departments$

• &ourts cannot go behind the enrolled act to disco!er

what really happened

o If only for respect to the legislati!e and

eecuti!e departments

• 4hus, if there has been any mista1e in the printing of

the bill before it was certified by the officer of the

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

remedy is by amendment by enacting a curati!elegislation not by 2udicial decree$

• Enrolled bill and legislati!e 2ournals 3 &onclusi!e upon

the courts

• If there is discrepancy between enrolled bill and

2ournal, enrolled bill pre!ails$

Githdrawal of authentication, effect of

• %pea1er and %enate President may withdraw if there is

discrepancy between the tet of the bill as deliberated

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 shal

embrace only one sub2ect which shall be epressed in

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

• : limitations upon legislation

o 4o refrain from conglomeration, under one

statute, of heterogeneous sub2ects

o 4itle of the bill should be couched in a

language sufficient to notify the legislators

and the public and those concerned of theimport 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 thelegislators$

o 4o prohibit duplicity in legislation

• In sum of the purpose

o 4o pre!ent hodgepodge= log3rollinglegislation

o 4o pre!ent surprise or fraud upon the

legislatureo 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 thedoubt 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 law

and 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 Band

for other purposesC ( F% is not sub2ect to the same&onstitutional restriction as that embodied in the

Philippine &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 Presiden

of the F%, be it enacted by the F% Philippine

&ommissionC

• : 3 Philippine Legislature3 B by authority of the F%

be it enacted by the Philippine LegislatureC

• - 3 Ghen : became bicameral B'e it enacted by the%enate and @ouse of Representati!es of the Philippines

in legislature assembled and by authority of the sameC

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

Assembly of the Philippines

• 7 0 when 9 became bicameral Bbe it enacted by the

%enate and @ouse of Representati!es in congressassembledC 0 same *+983*+:=*+;3present$

• 8 0 'atasang Pambansa B'e it enacted by the

'atasang Pambansa in session assembledC

• 0 PD B 5OG 4@ERE/ORE, I JJJJJJ President of

the Philippines, by the powers !ested in me by the

&onstitution do hereby decree as followsC

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

Preamble

• Defined 0 prefatory statement or eplanation or a

finding of facts, reciting the purpose, reason, o

occasion for ma1ing the law to which it is prefiedC

• /ound after enacting clause and before the body of the

law$

• Fsually not used by legislations because content of the

preamble 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 sub2ec

should only one sub2ect matter, e!en there pro!isions

should be allied and germane to the sub2ect and

purpose of the bill$

• %tatue is usually di!ided into section$ w=c contains a

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 !iolation of

its pro!isionso transitory pro!ision

o separability clause

o effecti!ity clause

%eparability clause

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

in!alid, the remainder shall not be affected thereby$


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• It is not controlling and the courts may in!alidate the

whole statute where what is left, after the !oid part, isnot complete and wor1able

• Presumption 0 statute is effecti!e as a whole

• 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 theimplementation or eecution of

constitutional= statutory powers$

o do not ha!e the force and effect of lawsenacted 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 ismade to depend

• )O

o acts of the President on matters of

administrati!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 of

the %&

o Power to repeal procedural rules

o 5o power to promulgate rules substanti!e in

nature (unli1e the legislati!e department"

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

rightsH right to appeal• Procedural rules 0 means of implementing eisting

rightH where to file an appeal for transferring the !enue

• Rules and regulations issued by the administrati!e or

eecuti!e officers in accordance with and authoried

by law, ha!e the force and effect of law

o Re.uisites for !alidity

Rules should be germane to the

ob2ects and purposes of the law Regulations be not in contradiction

with, but conform to, the standards

that the law prescribes 4he be for the sole purpose o

carrying into effect the genera pro!isions of the law

o Law cannot be restricted or etended

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

discrepancies

• Rule3ma1ing power of public administrati!e agency is

a delegated legislati!e power 0 if it enlarges or restricts

such statute is in!alid

• Re.uisites for delegating a statute by legislati!e

branch to another branch of go!ernment to fill in

details, eecution, enforcement, or administration o

law$ the law must beo &omplete in itself

o /i a standard which may be epress o

implied Eample of BstandardC 0 simplicity

and dignityH public interestH publicwelfareH interest of law and order

2ustice and e.uity and substantia

merit of the caseH ade.uate and

efficient instruction

• Eample

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

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

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

pp ::"

Administrati!e rule and interpretation distinguished

• Rule 0 Bma1esC new law with the force and effect of a

!alid lawH binding on the courts e!en if they are not in

agreement with the policy stated therein or with its

innate wisdom

• Interpretation 0 merely ad!isory for it is the courts tha

finally determine what the law means

• Administrati!e construction is not necessarily binding

upon the courtsH it may be set aside by 2udicia

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


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

discretion"

'arangay ordinance

• %angguniang barangay 0 smallest legislati!e bodyH

may pass an ordinance by ma2ority of all its membersHsub2ect 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 themunicipal 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 inactionwithin -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 %angguniang

panlalawigan 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!ed

o Responsibility of upholding the constitution

rests not on the courts alone but on thelegislati!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 andune.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 the

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

and !oted thereon"

• 5onetheless, trial courts ha!e 2urisdiction to initially

decide the issue of constitutionality of a law inappropriate cases

Re.uisites for eercise of 2udicial power

• 4he eistence of an appropriate case

• Interest personal and substantial by the party raising

the constitutional .uestion

• Plea that the function be eercised at the earlies

opportunity

• 5ecessity that the constitutional .uestion be passed

upon in order to decide the case

Appropriate case

• 'ona fide case 0 one which raises a 2usticiablecontro!ersy

• #udicial power is limited only to real, actual, earnest

and !ital contro!ersy

• &ontro!ersy is 2usticiable when it refers to matte

which is appropriate for court re!iewH pertains to

issues which are inherently susceptible of being

decided on grounds recognied by law

• &ourts cannot rule on Bpolitical .uestionsC 0 .uestions

which are concerned with issues dependent upon the

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

being assailed

o Bseparation of powersC

o @owe!er, &onstitution epands the concept of

2udicial re!iew 0 2udicial power includes the

duty of the courts of 2ustice to settle actualcontro!ersies in!ol!ing rights which are

legally demandable and enforceable and to

determine whether or not there has been KAD

amounting to lac1 or ecess of 2urisdiction onthe branch or the part of any branch

instrumentality of the Ko!ernment

%tanding to sue

• Legal standing or locus standi 0 personal= substantia

interest in the case such that the party has sustained or

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

• BinterestC 0 an interest in issue affected by the decree

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

he has suffered some actual or threatened concrete

in2ury as a result of the allegedly illegal conduct of the

go!ernment

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

funds ha!e been illegally disbursed

• )ember of the %enate or of the @ouse has lega

standing to .uestion the !alidity of the Presidentia


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!eto or a condition imposed on an item in an

appropriations bills

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

which does not satisfy the re.uirement of legal

standing

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 or

on 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 has

become moot, has become of paramount interest andthere 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 anystatute

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 not a

lawH decision affect ALL

o )odern !iew 0 less stringentH the court in

passing upon the .uestion o

unconstitutionality does not annul or repea

the statute if it finds it in conflict with the&onstitutionH decisions affects parties O5LM

and no 2udgment against the statuteH opinion

of court may operate as a precedentH it doesnot repeal, supersede, re!o1e, or annul the

statute

In!alidity due to change of conditions

• Emergency laws

• It is deemed !alid at the time of its enactment as an

eercise of police power

• It becomes in!alid only because the change o

conditions ma1es its continued operation !iolati!e of

the &onstitution, and accordingly, the declaration of itsnullity should only affect the parties in!ol!ed in the

case and its effects applied prospecti!ely

Partial in!alidity

• Keneral rule that where part of a statute is !oid as

repugnant to the &onstitution, while another part is

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

may stand and be enforced

• Eception 0 that when parts of a statute are so

mutually dependent and connected, as conditions

considerations, inducements, or compensations foeach other, as to warrant a belief that the legislature

intended them as a whole, the nullity of one part wil!itiate the rest 0 such as in the case of Tatad v Sec of

Department of Energy and Antonio v. COMELEC

EFFECT AND OPERATION

Ghen laws ta1e effect

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

either in the Official Kaette or in a newspaper of

general circulation in the countryC

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

including those local and pri!ate, unless there

are special laws pro!iding a differen

effecti!ity mechanism for particular statutes• %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 OK o

newspaper of general circulation in the

countryH publication must be full

• 4he clause Bunless it is otherwise pro!idedC 0 solely

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

of publication

Ghen Presidential issuances, rules and regulations ta1e effect


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• 4he Presidents ordinance power includes the authority

to issue EO, AO, Proclamations, )O, )& and generalor specific orders

• 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 statuteHre.uires publication

o 4hose which are merely interpretati!e in

nature or internalH does not re.uire publication

• 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 notthereafter be the basis of any sanction against

any party= persons

Ghen local ordinance ta1es effect

• Fnless otherwise stated, the same shall ta1e effect *6

days from the date a copy is posted in a bulletin boardat 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 unit

concerned

• 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 thedates 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 of

general circulation in the pro!ince, PO%4I5K shall be

made in all municipalities and cities of the pro!incewhere 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 populationof :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 within a

specified number of days, such as ten days fromnotice, it means ten calendar days and 5O4 ten

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 stil

be done the following day

• Principle of Beclude the first, include the lastC DOE%

5O4 APPLM to the computation of the period of prescription of a crime, in which rule, is that if the last

day in the period of prescription of a felony falls on a

%unday or legal holiday, the information concerning

said felony cannot be filed on the net wor1ing day, asthe 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 and

epounding the meaning and intention of the authors

of the law, where that intention rendered doubtfully

reason of ambiguity in its language or of the fact that

the gi!en case is not eplicitly pro!ided for in the law$• &onstruction is drawing of warranted conclusions

beyond direct epression of the tet epressions which

are in spirit though not within the tet$

• ine!itably, there enters into the construction o

statutes the play of #FDI&IAL #FDK)E54 within the

limits of the rele!ant legislati!e materials

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

#FDI&IARM

&onstruction and interpretation distinguished

• 4hey are so ali1e in practical results and so are used

interchangeablyH synonymous$

&onstruction Interpretation

3 process of drawing

warranted conclusions notalways included in direct

epressions, or determining

the 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 to

ascertain legislati!e intent$


8/84

• 5O4 rules of law but mere aioms of eperience

• In enacting a statute, the legislature is presumed to

1now the rules of statutory construction, in case of

doubt, be construed in accordance with the settled

principles of interpretation$

• 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 intent

of the law$

• 4he ob2ect of all 2udicial interpretation of a statute is to

determine legislati!e intent, either epressly or

impliedly, by the language usedH to determine themeaning 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!eenactment$ 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 spirit

are oftentimes interchangeably used by the courts, notentirely 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 that

laws 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 languageand 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 andthe millers, the unrefined sugar as well as all by3

products shall be di!ided between themC

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

participation granted by the planters under this act andabo!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 increased participation of planters in the sugar produce

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

irrespecti!e of whether there eists a millingagreement between central and the sugar planters$

)atters in.uired into in construing a statute

• BIt is not enough to ascertain the intention of the

statuteH it is also necessary to see whether the intention

or meaning has been epressed in such a way as to

gi!e it legal effect or !alidityC

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

the legislature used sufficiently epresses tha

meaning$ 4he legal act is made up of : elementso 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 statute

itself$

• If the statute as a whole fails to indicate the legislati!e

intent because of ambiguity, the court may loo1 beyond the statute such as

o Legislati!e history 0 what was in the

legislati!e mind at the time the statute wasenactedH what the circumstances wereH wha

e!il was meant to be redressed

o Purpose of the statute 0 the reason or cause

which induced the enactment of the law, themischief to be suppressed, and the policy

which dictated its passage

o when all these means fail, loo1 into the effect

of the law$

If the -rd means (effect of the law" is

first used, it will be 2udicialegislation

POWER TO CONSTRUE

&onstruction is a 2udicial function

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

means$

• It construes laws as it decide cases based on fact and

the law in!ol!ed

• Laws are interpreted in the contet of a peculiar factua

situation of each case

• &ircumstances of time, place, e!ent, person and

particularly attendant circumstances and actions


9/84

before, during and after the operati!e fact ha!e ta1en

their totality so that 2ustice can be rationally and fairly

dispensed$

• )oot and academic 0

o Purpose has become stale

o 5o practical relief can be granted

o Relief has no practical effect

• Keneral rule (on mootness" 0 dismiss the case

o Eception

If capable of repetition, yet e!adingre!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 statute

different 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 bylaw, 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 the

Republic shall be considered eempt from the income

ta, payment of which is hereby declared not to be a

diminution 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 courts

is 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 merelymeans that the legislature cannot, by law or resolution

modify or annul the 2udicial construction withou

modifying or repealing the !ery statute which has been

the sub2ect of construction$ It can, and it has done so by amending or repealing the statute, the conse.uence

of which is that the pre!ious 2udicial construction of

the statute is modified or set aside accordingly$

Ghen court may construe statute

• B4he court may construe or interpret a statute under

the condition that 4@ERE I% DOF'4 ORA)'IKFI4MC

• Ambiguity 0 a condition of admitting : or more

meanings$ %usceptible of more than one interpretation$

• Only when the law is ambiguous or doubtful o

meaning may the court interpret or construe its intent$

&ourt may not construe where statute is clear

• A statute that is clear and unambiguous is no

susceptible of interpretations$

• /irst and fundamental duty of court 0 to apply the law

• &onstruction 0 !ery last function which the cour

should eercise

• Law is clear 0 no room for interpretation, only room

for application

• &ourts cannot enlarge or limit the law if it is clear and

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

• A meaning that does not appear nor is intended or

reflected in the !ery language of the statute cannot be

placed therein by construction

Manikan v. Tanodbayan

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

officials may not be construed as an eception to, or

limitation on, the authority of the 4anodbayan to

in!estigate complaints for !iolation of the anti3graft

law committed by the EPA officials

• EPAs power 0 not eclusi!eH BsoleC refers to police

authority not emplyed to describe other power

Lapid v. CA

• Issue whether or not the decision of the Ombudsman

imposing a penalty of suspension of one year without

pay is immediately eecutory

• Administrati!e &ode and LK& 0 not suppletory to

Ombudsman Act

• 4hese three laws are related or deal with public

officers, but are totally different statutes

• An administrati!e agency tas1ed to implement a

statute may not construe it by epanding its meaning

where its pro!isions are clear and unambiguous

Land ank v. CA


10/84

• DAR interpreted BdepositsC to include trust accountsC

• %& held that BdepositsC is limited only to cash and

L'P bonds

Libanan v. !"ET

• Issue whether ballots not signed at the bac1 by the

chairman of the 'oard of Election Inspectors ('EI" are

spurious, since it !iolated %ec$ :9 RA *88

• @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 partof 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 itsenactment , since the courts interpretation merely

establishes the contemporaneous legislati!e intent that

the 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 aresubstantially 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 isunconstitutional$

Peo !$ #abinal

• Peo ! )acarandang 0 peace officer eempted from

issuance 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 ofthe 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 (*+;9"

0 from the date of con!eyance or foreclosure sale• 'elisario !$ IA& (*+;;" 0 from the period after the

epiration of the *3year period of repurchase

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

which was enunciated in )onge and 4upas because

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

and not that which was laid down in the latter case

which should be applied prospecti!ely

&ourt may issue guidelines in construing statute

• In construing a statute, the enforcement of which may

tread on sensiti!e areas of constitutional rights, thecourt may issue guidelines in applying the statute, not

to enlarge or restrict it but to clearly delineate what thelaw is$

Peo. v. Ferrer

• Ghat acts that may be considered liable under the

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 incapacity of

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 what

they thin1 should be in it or to supply what they the

legislature would ha!e supplied if its intention had been called to the omission$

• 4hey should not by construction, re!ise e!en the mos

arbitrary or unfair action of the legislature, nor rewritethe law to conform to what they thin1 should be the

law$

• 5either should the courts construe statutes which are perfectly !ague for it !iolates due process

o /ailure to accord persons fair notice of the

conduct to a!oid

o Lea!e law enforcers unbridled discretion in

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 by

either a sa!ing clause or by construction


11/84

&ourts not to be influenced by .uestions of wisdom

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

theories

• &ourts do not pass upon .uestion of wisdom, 2ustice or

epediency of legislation, for its not within their

pro!ince to super!ise legislation and 1eep it within the bounds of common sense$

• 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 to

construction in order that it can ascertain the true intentof 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 may

resort to the title to clear the obscurity$

• 4he title may indicate the legislati!e intent to etend or

restrict the scope of law, and a statute couched in a

language of doubtful import will be constructed toconform 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 shallembrace 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 reopened

originally instituted in court April *:, *+*: or

5o!ember :7, *+::, the counted date form which the

decision 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 declared

public 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 claims

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

decisions rendered within forty years net preceding

the appro!al of this act$• 4hat title written in capital letters by &ongress itself

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

or titles used by compilers of statues because it is the

legislature spea1ing$

• Gords by !irtue of 2udicial decisions rendered in the

title of the law stand in e.ual importance to the phrase

in %ections * thereof by !irtue of 2udicial proceedingsinstituted$

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

was intended to apply to public lands only for the title

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

• 5o bill shall embrace more than one sub2ect, which

sub2ect shall be epressed in the title of the bill, thewords and for other purposes when found in the titleha!e been held to be without force or effec

whatsoe!er and ha!e been altogether discarded in

construing the Act$

Ebar#e v. S%ca#dito

• 4he issue is raised whether Eecuti!e order no$ :89

entitled B Outlining the procedure by which complaints

charging go!ernment officials and employees withcommission of irregularities should be guidedC applies

to criminal actions, to the end that no preliminary

in!estigation thereof can be underta1en or information

file in court unless there is pre!ious compliance withthe eecuti!e order$

• EO only applies to administrati!e and not to criminal

complaints$

• 4he !ery title spea1s of commission of irregularities$

Ghen resort to title not authoried

• 4he tet of the statute is clear and free from doubt, it is

improper to resort to its title to ma1e it obscure$

• 4he title may be resorted to in order to remo!e, but not

to create doubt$

Preamble

• It is a part of the statute written immediately after itstitle, which states the purpose, reason for theenactment 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


12/84

• 4hese legislati!e bodies used the eplanatory note to

eplain the reasons for the enactment of statutes$

• Etensi!ely used if Presidential decrees issued by the

President in the eercise of his legislati!e power$

• Ghen the meaning of a statute is clear and

unambiguous, the preamble can neither epand nor

restrict its operation, much less pre!ail o!er its tet$

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

meaning$

• Ghen the statute is ambiguous, the preamble can beresorted 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, themischief to be remedied, and the ob2ect to be

accomplished, 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 onesresidence 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!ation

mentioned 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 theabsence or tolerance of the land owner, succeeds in

occupying or possessing the property of the latter

against his will for residential, commercial or any

other 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!atelands belong to the affluent class$

• 4he court said that crime may only be committed in

urban communities and not in agricultural and pasturalands because the preamble of the decree shows that it

was intended to apply for s.uatting in urban lands

more particularly to illegal constructions$

&ontet of whole tet

• 4o ascertain legislati!e intent is the statute itself ta1en

as a whole and in relation to one another considering

the whole contet of the statute and not from anisolated part of the pro!ision$

• 4he meaning dictated by the contet pre!ails$

• E!ery section, pro!ision, or clause of the statute must

be epounded by reference to each other in order toarri!e at the effect contemplated by the legislature$

Punctuation mar1s

• %emi3 colon 0 used to indicate a separation in the

relation of the thought, what follows must ha!e arelation to the same matter it precedes it$

• &omma and semi3 colon are use for the same purpose

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

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

introduce a new idea$

• Punctuation mar1s are aids of low degree and can

ne!er control against the intelligible meaning o

written words$

• An ambiguity of a statute which may be partially or

wholly sol!ed by a punctuation mar1 may be

considered in the construction of a statute$

• 4he .ualifying effect of a word or phrase may be

confined to its last antecedent if the latter is separated by a comma from the other antecedents$

• An argument based on punctuation is not persuasi!e$

Illustrati!e eamples

F#orentino v. P+

• Bwho may be willing to accept the same for such

settlementC 0 this implies discretion

• %& held only the last antecedent 0 Bany citien of the

Philippines or any association or corporation organied

under the laws of the PhilippinesC

• pursuant to which bac1pay certificate3holders can

compel go!ernment3owned ban1s to accept saidcertificates for payment of their obligations subsistingat the time of the amendatory act was appro!ed

+era v. ,arcia

• Bif the charge against such subordinate or employee

in!ol!es dishonesty, oppression, or gra!e misconductor neglect in the performance of his dutyC

• BdishonestyC and BoppressionC 0 need not be

committed in the course of the performance of duty bythe person charges

Peo. v. S%bido


13/84

• %ubsidiary imprisonment in case of insol!ency

.ualifies both non3payment of indemnity and non3 payment of fine

&apitaliation of letters

• An aid of low degree in the construction of statute$

@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 for

settling 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 aidsindicating 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 shallgo!ern but in case of ambiguity, %panish may be

consulted to eplain the English tet$

• A statute is officially promulgated in %panish or in

English, or in /ilipino

• BIn the interpretation of a law or administrati!e

issuance 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 accomplish

the supposed intentionH otherwise they would pass

beyond the bounds of 2udicial power to usurplegislati!e power$

Policy of law

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

• One way to accomplish this mandate is to gi!e a

statute 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 term

of 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 gratuity

Bin addition to other benefits which they are entitledunder eisting lawsC &A55O4 be construed as to

authorie the grant of double gratuity

• Bother benefitsC may be

o Refund of contributions

o Payment of the money !alue of accumulated

!acation and sic1 lea!es

Purpose of law or mischief to be suppressed

• Intended to be remo!ed or suppressed and the causes

which induced the enactment of the law are important

factors to be considered in this construction$

o Purpose or ob2ect of the lawo )ischief intended to be remo!ed

o &auses which induced the enactment of the

law

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

purpose pro2ected in the statute$

• 4he purpose of the general rule is not determinati!e of

the proper construction to be gi!en to the eceptions$

• Purpose of statute is more important than the rules of

grammar and logic in ascertaining the meaning

Dictionaries

• A statute does not define word or phrases used$

• Kenerally define words in their natural plain and

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 will

cause in2ustice and hardship, result in absurdity, defea

legislati!e intent or spirit, preclude accomplishment of

legislati!e purpose or ob2ect, render certain words or phrases a surplusage, nullify the statute or ma1e any of

its pro!isions nugatory$

Presumptions

• 'ased on logic, eperience, and common sense, and in

the absence of compelling reasons to the contrary

doubts as to the proper and correct construction of a

statute will be resol!ed in fa!or of that constructionwhich is in accord with the presumption on the matter$

o &onstitutionality of a statute

o &ompleteness

o Prospecti!e operation

o Right and 2ustice

o Effecti!e, sensible, beneficial and reasonable

operation as a whole

o Against inconsistency and implied repeal


14/84

unnecessary changes in law

impossibility

absurdity

in2ustice and hardship

incon!enience

ineffecti!eness$

LEGISLATIVE HISTORY

i lo!e nia

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 includeso 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 speech

o 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 other

time$

• 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 thestatute$

• Fsed to gi!e effect to the purpose or intent as

disclosed in its eplanatory note$

• A statute affected or changed an eisting law and the

eplanatory note to the bill which has e!entuallyenacted 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 meaning

that is inconsistent with what is epressed in the tet of

the statute$

Legislati!e debates, !iews and deliberations

• &ourts may a!ail to themsel!es the actual proceedings

of the legislati!e body to assist in determining the

construction of a statute of doubtful meaning$

• 4here is doubt to what a pro!ision of a statute means,

that meaning which was put to the pro!ision during the

legislati!e deliberation or discussion on the bill may beadopted$

• >iews epressed are as to the bills purpose, meaning

or effect are not controlling in the interpretation of thelaw$

• It is impossible to determine with authority whaconstruction was put upon an act by the members of

the legislati!e body that passed the bill$

• 4he opinions epressed by legislators in the course of

debates concerning the application of eisting laws are

not also gi!en decisi!e weight, especially where thelegislator was not a member of the assembly that

enacted the said laws$

• Ghen a statute is clear and free from ambiguity, courts

will not in.uire into the moti!es which influence thelegislature or indi!idual members, in !oting for its

passageH no indeed as to the intention of the draftsman

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

into the act$

Reports of commissions

• &ommissions are usually formed to compile and

collate all laws on a particular sub2ect and to prepare

the draft of the proposed code$

Prior laws from which statute is based

• &ourts are permitted to prior laws on the same sub2ect

and to in!estigate the antecedents of the statute

in!ol!ed$

• 4his is applicable in the interpretation of codes

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

ha!e been codified, compiled or re!ised will show thelegislati!e history that will clarify the intent of the lawor shed light on the meaning and scope of the codified

or re!ised statute$

Peo. v. Manantan

• Issue whether or not 2ustice of peace is included

• &ontention of )anantan, who is a 2ustice of peace, is

that the omission of B2ustice of peaceC re!ealed the

intention of the legislature to eclude such from itsoperation


15/84

• @eld contention denied$ In holding that the word

B2udgeC includes B2ustice of peaceC, the &ourt said thatBa re!iew of the history of the Re!ised Election &ode

will help 2ustify and clarify the abo!e conclusionC

Director of Lands v. Abaya

• Ghen to count the *63year period, either from the date

the decision was rendered or from the date 2udicial

proceedings instituted in cadastral cases

• @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 2udgmentis rendered

Sa#aysay v. Castro

• BActually holdingC < Blastly electedC

• 4hus, a !ice mayor acting as mayor is not included in

the 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 deliberate

selection 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 construethat 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 statuteindicates 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 theintention 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 such

pro!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!esuspension

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

pro!ision with regard to payment of salaries during

suspension 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 the

go!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 suchconstruction$

• /re.uently, words do not materially affect the sense

will be omitted from the statute as incorporated in thecode or re!ised statute, or that some general idea wil

be epressed in brief phrases$

Adopted statutes

• /oreign statutes are adopted in this country or from

local laws are patterned form parts of the legislati!e

history of the latter$

• Local statutes are patterned after or copied from those

of another country, the decision of the courts in such

country construing those laws are entitled to greaweight in the interpretation of such local statutes$

Limitations of rule

• A statute which has been adopted from that of a

foreign country should be construed in accordance

with the construction gi!en it in the country of originis not without limitations$

Principles of common law

• Qnown as Anglo3American 2urisprudence which is no

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

founded on sound principles applicable to loca

conditions and is not in conflict with eisting lawne!ertheless, many of the principles of the common

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

of the enactment of laws and establishment o

institutions similar to those of the F%$

&onditions at time of enactment

• In enacting a statute, the legislature is presumed to

ha!e ta1en into account the eisting conditions o

things at the time of its enactment$

• In the interpretations of a statute, consider the physica

conditions of the country and the circumstances thenobtain understanding as to the intent of the legislature

or as to the meaning of the statute$

@istory of the times

• A court may loo1 to the history of the times

eamining the state of things eisting when the statutewas enacted$

• A statute should not be construed in a spirit as if it

were a protoplasm floating around in space$

• In determining the meaning, intent, and purpose of a

law or constitutional pro!ision, the history of the times


16/84

of which I grew and to which it may be rationally

supposed to bear some direct relationship, the e!ils

intended to be remedied and the good to beaccomplished are proper sub2ects of in.uiry$

• Law being a manifestation of social culture and

progress must be interpreted ta1ing into considerationthe stage of such culture and progress including all the

concomitant circumstances$

• 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!eor 2udicial authorities, as well as by those who in!ol!e

in 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 toimplement the law$ (epressed and implied" 0

administrati!e power

o &onstruction by the secretary of 2ustice in his

capacity as the chief legal ad!iser of thego!ernment$ 0 DO# rulings$

o @anded down in an ad!ersary proceeding in

the form of a ruling by an eecuti!e officer

eercising .uasi32udicial power$ 0 not all go!tagencies ha!e .uasi32udicial power$ Only if it

is written in the law whether they can decide

a case in pursuant of their .uasi32udicial power$

Geight accorded to contemporaneous construction

• Ghere there is doubt as to the proper interpretation of

a statute, t$e un!%or& onstrut!on placed upon it by

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

enforcement will be adopted if necessary to resol!e thedoubt$

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

the construction is followed for a considerable periodof time$

• Rule in the absence of error and abuse of power or

lac1 of 2urisdiction or gra!e abuse, of discretion clearly

conflicting with either the letter of the spirit of a

legislati!e enactment creating or charging ago!ernmental agency, the action of the agency would

not be disturbed by courts$

+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 societyo Also relates to eperience and growth o

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 the

law they interpret

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

• Issue whether the go!ernment can legally collec

duties Bas a charge for wharfageC re.uired by a statuteupon all articles eported through pri!ately3owned

whar!es

• @eld the court reasoned in the affirmati!e by saying

Bthe language of the Act could ha!e been made morespecific 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 andrecei!e the money in .uestion, e!en though the sugar

was shipped from a pri!ate wharf

Geight accorded to usage and practice

• &ommon usage and practice under the statute, or a

course of conduct indicating a particular underta1ing

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

long period of time$

• Optim%s interpres rer%m %s%s & the best interpretation

of the law is usage$

&onstruction of rules and regulations• 4his rule3ma1ing power, authorities sustain the

principle that the interpretation by those charged with

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

regulations$

Reasons why contemporaneous construction is gi!en muchweight

• It is entitled to great weight because it comes from the

particular branch of go!ernment called upon to

implement the law thus construed$

• Are presumed to ha!e familiaried themsel!es with al

the considerations pertinent to the meaning and purpose of the law, and to ha!e formed anindependent, conscientious and competent eper

opinion thereon

Ghen contemporaneous construction disregarded

• Ghen there is no ambiguity in the law$

• If it is clearly erroneous, the same must be declared

null and !oid$


17/84

Erroneous contemporaneous construction does not preclude

correction nor create rightsH eceptions

• 4he doctrine of estoppel does not preclude correction

of the erroneous construction by the officer himself by

his successor or by the court in an appropriate case$

• An erroneous contemporeaneous construction creates

no !ested right on the part of those relied upon, and

followed such construction$

Legislati!e interpretation• 4a1e form of an implied ac.uiescence to, or appro!al

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

• 4he legislature cannot limit or restrict the power

granted to the courts by the constitution$

Legislati!e appro!al

• Legislati!e is presumed to ha!e full 1nowledge of a

contemporaneous or practical construction of a statute

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

its enforcement$

• 4he legislature may appro!e or ratify such

contemporaneous construction$

• )ay also be showmen by the legislature appropriatingmoney 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 a

contemporaneous construction is persuasi!e indicationof 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 or

interpretation 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 of stare

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 the

decision 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 aresubstantially 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 canno

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 from

ambiguity, it must be gi!en its literal meaning and

applied without attempted interpretationo >erba legis

o Inde animi sermo 0 speech is the inde of

intention

o Gords employed by the legislature in a statute

correctly epress its intent or willo >erba legis non est recedendum 0 from the

words of a statute there should be no

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

cannot be etended to those matters outside

its scope

• #udicial legislation 0 an encroachment upon legislati!e

prerogati!e to define the wisdom of the lawo &ourts must administer the law as they find it

without regard to conse.uences

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

• Employees were claiming separation pay on the basis

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

)AM also terminate the employment of an employeeC

for reasons therein by ser!ing notice thereof and

paying separation pay to affected employees

• 4here was compulsory ac.uisition by the go!ernment

of the employers land (Patalon &oconut Estate" for

purposes of agrarian reform which forced the employer

to cease his operation• Issue whether or not employer is liable for separation

pay

• @eld 5O, employer is not liable for separation payS

o It is a unilateral and !oluntary act by the

employer if he wants to gi!e separation pay

o 4his is gleaned from the wording B)AMC in

the statute

o B)AMC denotes that it is directory in nature

and generally permissi!e onlyo Plain3meaning rule is applicable


18/84

o Ano yun, ipapasara ng go!ernment tapos

magbabayad pa ang employer ng separation

payS Ang daya3dayaS Lugi na nga siemployer, 1i1ita pa si employeeS FnfairS

&annot beS 5oS 5oS

o 4o depart from the meaning epressed by the

words is to alter the statute, to legislate and

not interpret

o )aledicta est eposition .uae corrumpit

tetum 0 dangerous construction which isagainst the tet

Dura le sed le

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

the law

• Absoluta sentential epositore non indigent 0 when the

language of the law is clear, no eplanation of it isre.uired

• Ghen the law is clear, it is not susceptible of

interpretation$ It must be applied regardless of whomay be affected, e!en if it may be harsh or onerous

• @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 (respetonalang sa ating mga mambabatasS Ghate!erS @aha

2o1e only"

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

remedy may be done through a legislati!e process, not by 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 not

its 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

Documents

Agpalo Notes.doc