Chapter I: StatutesA. In GeneralLaw Whole body or system of law Rule of conduct formulated and made obligatory by legitimate power of the state Includes Statutes- legislature Decrees, executive orders, issuances- President via ordinance power Rulings of the Supreme Court construing the law Law, rules and regulations by administrative or executive officers Ordinance by sanggunians of LGUsStatute Act of the legislature as an organized body Passed according to the procedure required to constitute it as part of the land Public Statute- affects the public at large or the whole community General applies to the whole state and operates throughout the state upon all people and all classes Special- relates to a particular person or things of a class or to a particular community, individual or thing Local- operation is confined to a specific place or locality Private Law- applies only to a specific person or subjectPermanent and Temporary Statutes Permanent statute- not limited in duration but continues until repealed; does not terminate Temporary statute- limited period of time fixed in the stature itself or ceases upon the happening of the evenOther Classes of statutes Application- Prospective or retroactive According to operation, declaratory, curative, mandatory, directory, substantive, remedial and penal Form- affirmative or negativeManner of referring to statutes Philippine Commission and the Philippine Legislature (1901-1935) Public Acts Commonwealth (1936-1946)- Commonwealth Acts Congress of the Philippines (1946-1972)- republic Acts Batasang Pambansa Batas Pambansa Presidential Decrees and Executive Orders- serially numbers

B. Enactment of StatutesLegislative power of the Congress Legislative power- the power to make, alter and repeal laws House of Representatives- elected from the districts More sensitive to the local needs and problems Bills on revenue, tariff, tax, authorizing increase of public debt, private bills and bills of local application should exclusively originate from HoR Senate- elected at large National perspective Provisions of the constitution Self-executing- Congress needs to enact enabling legislation Non-self-executing- enforce the constitutional provisions within their confines, impose penalties for their violation and supply minor detailsProcedural requirements in enacting a law Constitutional Requirements- can render a law unconstitutional if not followed Procedural requirements- violation does not render the law void.Steps in the passage of bill into law1. Bill is introduced by a member2. Signed by authors and filed to the Secretary of the House May originate from either the upper or lower house3. First Reading Reading of number and title of bill Referral to appropriate committee for study and recommendation Committee may hold public hearings Committee will submit report and recommendation for schedule of second reading4. Second Reading Read in full with amendments of the committee Subject to debates, motions and amendments Voted Calendared for third reading5. Third Reading Yeas or nays Presidential certification dispenses with the printing and the reading on separate days6. Transmitted to other house for concurrence if approved without amendment transmitted to the president if introduces amendments to which the other house does not agree with, settled by Conference Committee7. Conferences Committee Reports Mechanism for compromising differences between Senate and the House Comes from both chambers Can include entirely new provision Recommendation will be approved by both houses in order passed by congress If approved, sent to the president Three reading on separate days and printing copies rule does not apply8. Authentication of bills Signing by the speaker and the Senate President of the printed copies Certified by secretaries9. Presidents approval or veto Approve, sign Veto, return bill to the house where it originated + enter his objections to the House Journal Approval by Congress, 2/3 votes of both houses voting separately Approval by inaction, After 30 days after the receipt

C. Parts of Statutes1. Preamble Prefatory statement or explanation or a finding of facts Recites purpose reason or occasion Found after the enacting clause and before the body Combined with the explanatory note in legislative acts In PDs and Eos, essential (people v. purisima)2. Title One title, one subject rule (Article 6. Section 26 (1))- mandatory, can render law unconstitutional Refrain from conglomeration Meant to notify the legislators and the public of its subject Purpose Apprise the legislators of the object, nature and scope of the provisions of the bill (Hodgepodge and logrolling) Prevent enactment of matters which have not received notice, action, study of legislators (surprise fraud) Guide to ascertain legislative intent Not required to be an index (Philippine Judges Assoc vs. Prado) Subject of Repeal Still the title of repealed law Construction Liberally construed, resolved in favor of constitutionality3. Enacting Clause Written immediately after the title States the authority by which the act is enacted4. Purview or body of the statute Tells what the law is all about Constitutional requirement all are allied and germane to the subject and purpose of the bill; not inconsistent5. Separability Clause Declaration of invalidity one provisions will not affect the other provisions Can still invalidate if it will render the law incomplete and inoperable Presumption of effectivity as a whole6. Repealing clause Does not declare a law unconstitutional, merely repealed.7. Effectivity clause Law will specify General: Art. 2 of Civil CodeMeaning of certain bills from lower house (Tolentino v. Secretary of Finance)Enactment of budget and appropriations law1. Budget Preparation2. Budget Authorization3. Budget Execution4. Budget Accountability General Appropriation bill- contains specified sums of money dedicated to specific purposeRestrictions in passage of budget or revenue bills1. Congress may not increase the appropriations recommended by the President (Article 6 (1))2. Each provision must relate specifically to particular appropriation (Article 6 (2)) Prevention of inappropriate provisions Repeal or amendment of a law Unconstitutional Provisions Infringement of local autonomy of LGUs and fiscal autonomy of the judiciary3. Follow procedure in approving appropriations(Article 6 (3))4. Special Appropriation should specify purpose (Article 6 (4))5. Restriction on transfer of appropriation Except: To realign savings to augment any item in the GAA within their respective officesRequisite:1. Funds are actually saving in items of expenditures from which it is taken2. Purpose of augmenting items only (Article 6 (5))6. Discretionary funds requirement- only for public purposes(Article 6 (6))7. Automatic Re-enactment (Article 6 (7))8. Presidents veto power (Article 6 Sec 27 (2)) Item-veto (whole item veto) Inappropriate provision veto9. No funds spent except by law (Article 6 Sec 29 (1)) Only Congress can authorize expenditure10. No public money or property for religious purposes (Article 6 Sec 29 (2))11. Money for special purpose treated as special fund and paid out for such purpose only; if purpose is abandoned, shall be transferred to general funds (Article 6 Sec 29 (3))12. Education Priority (Article 6 Sec. 29 (3))Power to issue its rules of proceedings Each house may issue its own rules subject to constitutional requirements Test of constitutionality of rules: Did not ignore any constitutional restraint Did not violate fundamental right Reasonable relationship with the resultUnimpeachability of legislative journals Conclusive only on matter the constitution required to be recorded therein Otherwise, Enrolled bill will prevailEnrolled Bill Bills passed by congress authenticated by the Speaker and the Senate President and approved by the President Importing absolute verity and is binding on the courts It carries on its face a solemn assurance that it was passed by the assembly by the legislative and executive departments. Courts cannot go behind the enrolled act to discover what really happened for respect to the legislative and executive departments If there has been any mistake in the printing of the bill before it was certified by the officer of the assembly and approved by the Chief Executive, the remedy is by amendment by enacting a curative legislation not by judicial decree.Withdrawal of Authenticity Withdraw of signatures Nullifies the status of the enrolled billArroyo v. De Venecia1. If no rights of private individuals are involve but only those of a member, Courts have no power to look into internal proceedings2. Courts cannot declare an act of legislature void on account merely of noncompliance with rules of procedure made by itself3. No viva voce voting needed on motions4. Enrolled bill doctrine

D. Issuances, Rules and OrdinancesPresidential issuances Are those which the president issues in the exercise of ordinance powera. Executive Ordersb. Administrative Ordersc. Proclamationsd. Memorandum Orderse. Memorandum Circularsf. General or Special OrdersAdministrative Rules and Regulations Issued by administrative or executive officers Have the force of law Is a delegated legislative power Delegation of legislative power must be: Complete in itself-set for the policy Fix Standard- limits are sufficiently determinate or determinable; delegate must conform in the performance of his functions Cannot amend an act of CongressAdministrative rule and Interpretation Distinguished Administrative rule and regulation makes a new law binding in the courts even if not in agreement with the wisdom Administrative Interpretation Interprets a pre-existing law Advisory only, it is the courts duty to interpret law. Not bindingSupreme Court Rule-making power Article 8, Section 5 (5) Art. 6, Sec. 30 It has been held that a law which provides that a decision of a quasi-judicial body be appealable directly to the SC, if enacted without the advice and concurrence of the SC, ineffective. Remedy: CA Rules of Court product of the rule-making power of the SC Power to repeal procedural rules No power to promulgate rules substantive in nature (unlike the legislative department) Substantive rules if it affects or takes away vested rights; right to appeal Procedural rules means of implementing existing right; where to file an appeal for transferring the venueLegislative power of local government units The power of local legislative bodies to enact ordinance Barangay ordinance, municipal ordinance, city ordinance and provincial ordinance Requisites:1. Must not contravene the Constitution2. Must not be unfair or oppressive3. Must not be partial or discriminatory4. Must not prohibit but may regulate trade5. Must be general and consistent with public policy6. Must not be unreasonableBarangay Ordinance Sangguniang Baranggay smallest legislative body majority vote of members review by sangguniang bayan or panglungsodMunicipal Ordinance Sangguniang BayanCity Ordinance Sangguniang PanglungsodProvincial Ordinance Sangguniang Panlalawigan

E. Validity of Statute

Presumption of constitutionality Every statute is presumed valid Presumption that legislature decided the measure as constitutional Presumption that President is convinced of its validity This is a decent respect due to the wisdom, integrity, and the patriotism of the legislature and the President to presume of its constitutionality To declare a law unconstitutional: Clear and unequivocal repugnancy of constitutionality of the law Final authority to declare a law unconstitutional is with the Supreme CourtRequisites for exercise of judicial power1. Appropriate case Bona fide case that raises a justiciable controversy Resolution depends on the decision between the Constitution and the challenged statute Ripe for review2. Standing to Sue (Locus Standi) Personal and substantial interest such that the party has sustained or will sustain direct injury as a result of the act challenged Not incidental interesta. Citizen- he had suffered some actual or threatened injury as a result of the act that is fairly traceable (IBP v. Zamora)b. Taxpayer- public funds have been disbursed in alleged contravention of the law or the Constitution; only when there is an exercise by Congress of its axing or spending power (Gonzales v. Narvasa)c. Member of Congress- can question the validity of a presidential veto on an item in GAA due to lack or excess in authority of the President or encroachment of powers to the extent that such power is impaired (Phil. Const. Assn v. Enriquez) Supreme Court can still take cognizance of the case despite the lack of standing due to the following reasons: Issue is of transcendental significance Paramount importance to the public3. Earliest time possible, raised Ordinarily in the pleadings Criminal Cases, at any stage of the proceeding or on appeal Civil Cases, only when it is needed in the decision When an act of the President is seriously alleged to have infringed the Constitution4. Necessity of deciding constitutionality Court will not pass upon the validity if it can decide the case on other ground Neither will decide when the issue becomes moot, except when: Issue is of paramount public interest Can serve as a guideline Capable of repetitionTest of Constitutionality May be declared unconstitutional if: Not within the power of the legislature to enact Violation of the constitution, directly or indirectly If it is vague that it lacks comprehensible standards that men of common intelligence must necessarily guess at its meaning and may differ in application Violates due process Gives officer unbridled discretion Unconstitutional due to change in conditions as to delegation of emergency powers Tests of Validity1. Must not contravene the Constitution2. Must not be unfair or oppressive3. Must not be partial or discriminatory4. Must not prohibit but may regulate trade5. Must be general and consistent with public policy6. Must not be unreasonable

Effects of Constitutionality Orthodox View Unconstitutional act is not a law, confers no right; imposes no duty; affords no protection; creates no office; inoperative as if it had not been passed; stricken off the statute books; no one can invoke Modern view Does not annul or repeal the statue but simply refuses to recognize it and determines the rights of the parties just as if such statute had no existence; does not strike the statue nor repeal, supersede, revoke or annul the statue. Only the parties to the suit are bound.Invalidity due to change of conditions Unconstitutionality is not applicable This is Emergency laws that are self-expiring All acts during the period are considered a valid practice of constitutional powerPartial invalidity Invalid part of the statute has no effect on the statute as a whole Valid portion must be independent of the invalid portion Remaining must be complete, intelligible and valid statue Except: that when parts of a statute are so mutually dependent and connected, as conditions, considerations, inducements, or compensations for each other, as to warrant a belief that the legislature intended them as a whole, the nullity of one part will vitiate the restChapter II: Construction and InterpretationA. Nature and PurposeConstruction Process of expounding the meaning and intention of the authors of the law There is ambiguity in its language or of the fact that the given case is not explicitly provided in lawRules of Construction Law must be ambiguous or deficientPurpose or Object of Construction Give effect to the intent of the lawLegislative Intent Vital part, essence of the law Key to and the controlling factor in statutory construction Spirit that gives life to the legislative enactment Enforced even though inconsistent with the letterLegislative purpose Reason why a particular statute enacted by the legislatureLegislative meaning What the law, by its language, means What it comprehends, covers, limitsObject of Inquiry Not only to know what the legislature meant by the language use but also to determine whether the language used sufficiently expresses the meaningWhere legislative intent is ascertained From the statute as a whole If not within the statute, look into the history, circumstances and the mischief meant to addressB. Power to construeConstruction is a judicial function Duty and power to interpret or construe a stature or the Constitution belongs to the Judiciary Construes those who are ripe for judicial declaration Refrains from deciding moot casesLegislature cannot overrule judicial construction Judicial construction is a granted power to the Judiciary by the ConstitutionWhen judicial interpretation may be set aside Supreme Court may change or overrule its previous constructionWhen the Court may construe Only when there is ambiguity A statute is ambiguous if it is admissible of two or more possible meanings, Court will choose one that is according to its true intentCourt may not construe when the law is clear First duty is to apply the law Construction is the last function that the court shall exerciseVerba Legis or Plain Meaning Where the statute is clear and free from ambiguity, it must be given literal meaning and applied without interpretation Index animi sermo estRulings of the Supreme Court form part of the legal system Art 8 Civil Code Rulings of the court shall become part of the statute itself Legis interpretato legis vim obtinet Stare Decisis et noquieta novereJudicial Rulings have no retroactive effect This will impair a vested right Article 4 of the Civil Code Lex prospicit, non respicit People in previous cases are in good faith to believe that such construction is validOnly Supreme Court can modify or abandon a principle of law Article VIII, Sec 4 (3)Court may issue guidelines in construing statueThis is not a judicial legislation for the court interprets based on the law and on facts obtaining in the case and not on future facts or circumstances C. Limitations on Power to ConstrueCourts may not enlarge nor restrict statutesCourts would not, by construction revise even the most arbitrary and unfair action of the legislature, nor rewrite the law to conform to what they think should be the lawCourts not to be influenced by questions of wisdom courts do not pass upon questions of wisdom, justice, or expediency of legislation, for it is not within their province to supervise legislation and keep it within the bounds of propriety and common sense

Chapter III: Aids to Construction

A. In General Aids to construction are those found in the printed page, intrinsic aids And those extraneous facts and circumstance outside the printed page, extrinsic aidsTitle May indicate the legislative intent to extend or restrict the scope of the law Construed to conform to the legislative intent disclosed in the title One title, one subject rule Only when there is ambiguityPreamble States the purpose, reason or justification for the enactment of the law Not an essential part of the statute In some cases, may be the key of the statute, to open the minds of the lawmakers as to the purpose to be achieved. The mischief to be remedied and the object to be accomplished, by the statute.Context of the whole text Context may circumscribe the meaning of a statute; it may give a word or phrase a meaning different from its usual or ordinary signification. Punctuation marks Semi-colon, separation in relation of the thought, what follows must have a relation to the same matter which precedes it; makes the division a little more pronounced than a commaCapitalization of lettersHeadnotes or epigraphs Convenient index to the contents of the provision When a statute is divided into several subjects or articles, having respective appropriate headings, it must be presumed that the provisions of each article are controlling upon the subject thereof and operate as a general rule for settling such questions embraced therein

Lingual text English, then Spanish. If officially promulgated in English, Spanish or Filipino, the language which it is written prevails over its transaction.

Intent or spirit of the law It is the law itself Controlling factor What is within the spirit is within the statute although it is not within the letter and what is within the letter and is not within the spirit is not within the statute No speculation of the intent and meaning supplied not found in the phraseology or else will usurp legislative powerPolicy of law Give a statute with doubtful meaning a construction that will promote public policy Carry into effect the evident policy of the law should be adopted in favor of that interpretation which would defeat it Purpose of law or mischief to be remedies Court must look to the object to be accomplished, the evils to be remedied, or the purpose to be subserved and should give the law a reasonable or liberal construction which will best effectuate its purposeDictionaries Where the law dos not define the words used in a statute and the legislature has not intended a technical or special legal meaning to those words, the court may adopt the ordinary meaning of the words as defined in the dictionariesConsequences of various constructions Arrive at a reasonable and sensible interpretation that is in full accord with the legislative intent Rejected if will cause hardship, absurdity, defeat legislative intent or spirit; preclude accomplishment of legislative purpose or object; render surplusage; nullify the statute or make any of its provisions nugatoryPresumptions Must be based on logic, experience and common sense Doubts will be resolved according to presumptionsB. Legislative HistoryGenerally There is no better means of ascertaining the will and intention of the legislature than that which is afforded by the history of the statuteWhat constitutes legislative history Refers to all antecedents from its inception until its enactment into law Covers the period and steps done from the time the bill is introduced until it is passed by the legislaturePresidents message Contains proposed legislative measuresExplanatory note of the bill Short exposition accompanying the bill by author May be used to determine intent but should not be inconsistent with what is expressed in the textDebates and deliberations on the bill In case of ambiguity, meaning which was put into the provision during the legislative deliberation or discussion on the bill may be adoptedReports of Commissions Commissions are usually formed to compile and collate all laws on a particular subject and to prepare the draft of the proposed lawPrior laws from which the statute is based Courts may look into prior laws with the same subject Specially applicable in interpretation of codes, revised, or compiled statues, for the prior laws which have been codified, compiled, or revised will show the legislative history that will clarify the intent of the law or shed light on the meaning and scope of the codified revised statuteChange in phraseology by amendments Indicates the intent to change the meaning of the provision from that it originally had Deliberate selection of language differing from that of the earlier act on the subject indicated that a change that statute as to reflect such in meaningAmendment by deletion Presumption that the legislature would not have made the deletion had the intention been not to affect a change in its meaningException When the deletion is just because its a surplusageAdopted Statutes Local statutes are patterned after or copied from those of another country, decision of the courts in such country construing those laws are entitled to great weight in the interpretation of such local statutesLimitations of rule Where the local law and the foreign statue from which the former was patterned differ in some material aspects where the foreign construction is clearly erroneous or has not become settled where the adopting state has given the statute its own interpretationPrinciples of Common law May be used if the statute is modeled upon Anglo-American precedents In case of conflict with a statutory provision, the latter prevailsConditions at time of enactment Consider the physical condition of the country and the circumstance then obtaining which must of necessity affect its operation in order to reach an understanding as to the intent of the legislature, or as to the meaning of the statute. History of the times History of the times out of which it grew and to which it may be rationally supposed to bear some direct relationship, the evils intended to be remedied and the good to be accomplished are proper subjects of inquiryC. Contemporary ConstructionGenerally Construction given by the executive, legislature or judicial authorities and other who, because of their involvement in the process of legislation, are knowledgeable of the intent and the purpose of the law(draftsmen or sponsors) Contemporanea exposition est optima et fortissimo in lege- the contemporary construction is the strongest in lawExecutive Construction Construction placed upon the statute by an executive of administrative officer called upon to execute of administer such statute Construction made by an executive or administrative officer directly called upon to implement the law Expressed- embodied in a circular, directive or regulation Implied- interpretation by usage or practice Construction by the Secretary of Justice As chief legal adviser of the government Form of opinions issued upon request of administrative or executive officials who enforce the law Controlling among administrative and executive officials of the government President or Executive Secretary, can modify, alter or reverse construction of the secretary of DOJ Interpretation in an adversary proceeding in the form of a ruling by an executive officer exercising quasi-judicial functionWeight accorded to contemporaneous construction Probably the true expression of the legislative purpose, entitled to great weightWeight accorded to usage and practice Optimus interpres rerum usus- The best interpreter of the law is usageConstruction rules and regulations Interpretation n by those charged with their enforcement is entitled to great weight by the court for the administrative agency has the power to interpret its own rules and such interpretation becomes part of the rulesReason It comes from the particular branch of government called upon to implement the law construed Due to respect given to the government agency or officials charged with the implementation of the law, their competence, expertness, experience, and informed judgment and the fact that they frequently are the drafters of the law they interpretWhen contemporaneous construction is disregarded Where there is no ambiguity Where it is clearly erroneous Where very strong reason to the contrary exists Where the court has previously given the statue a different interpretationErroneous contemporaneous construction does not preclude correction nor create rights; exception No doctrine of estoppel even if the error vested a right, may still be corrected A vested right may not arise from a wrong interpretation of the lawLegislative Interpretation Legislature may provide in the statute itself an interpretative or declaratory clause prescribing rules of construction or indicating how its provision should be construedMay define terms used in a statue Though cannot limit or restrict the power to construe by the courtsLegislative approval Presumption of knowledge of contemporaneous construction Legislature may approve or ratify such construction through reenactment with the similar words used in the construction or amending without nullifying such construction raihabitio mandato aequiparatur, silence is acquiescence equivalent to consent to continue the practiceReenactment Most common act of approvalStare decisis Stare decisis et no quieta movere Reipublicae ut sit finit litium, interest of the stated demands that there be an end in litigation Sub silencio and obiter dictum, does not come within stare decisis Not absolute, may be abandoned by the court when there is a conflict between the precedent and the lawChapter IV: Adherence to, or departure form, Language of StatuteA. Literal InterpretationLiteral meaning of plain meaning rule Verbal egis Verbal egis non est reddendumDura lex sed lex Hoc quidem perquam durum est, sed ita lex scripta est- it is exceedingly hard but so the law is writtenEquity is available only in the absence of law Aequitas nunquam contravenit legis, Equity never acts in contravention of the law

B. Departure from Literal InterpretationStatute must be capable of interpretation, otherwise inoperative Court may depart from the language of the statute if to do so will enable it to effectuate legislative intent and purposeCourt may not assume some purpose in no way expressed and then construe the statute to accomplish it. Where a statute totally fails to express a meaning, it is necessarily inoperative Interpretation fienda est ut res magis valeat quam pereat, interpretation as will give the thing efficacy is to be adoptedWhat is within the spirit is within the law Ratio legis, according to the spirit or reason of lawLiteral import must yield to intent Verba intentioni, non e contra, debent inservire, words ought to be more subservient to the intent and not the intent to the words. Intent of a statue is the lawLimitation of rule Applies only where there is ambiguityConstruction to accomplish purpose Construed in light of the object to be achieved and the evil or mischief to be suppressedWhen the reason of law ceases, the law itself ceases Cessante ratione legis, cessa et ipsa lex ratio legis est anima, reason of the law is its soulSupplying legislative omission Words have been omitted that should have been in the statue in order to carry out its intent and spirit To make the statute confirm to its obvious intentCorrecting clerical errors May correct clerical errors, mistakes or misprints which, if uncorrected, would render the statute meaningless, empty or nonsensical or would defeat or impair its intended operationQualification Only those which are clearly clerical errors or obvious mistakes, omissions, or misprintsConstruction to avoid absurdity If the words of a statute are susceptible of more than one meaning, the absurdity of the result of one construction is a strong argument against its adoption Interpretatio talis in amguis semper fienda est evitetur inconneviens et absurdum, Wherethe is ambiguity, such imterpretation as will avoid inconvenience and absurdity is to be adoptedConstruction to avoid injustice Ea est accipienda interpretation quae witio caret, interpretation is to be adopted which is free from evil or injusticeConstruction to avoid danger to public interest Where great inconvenience will result, or great public interest will be endangered or sacrificed, or great mischief done, from a particular construction of a statue, such construction is to be avoidedConstruction in favor of right and justice Jure naturae aequun deud est neminem cum alterius detriment et injuria fieri locupletiorem Ninguno no deud enriquecerse tortizeramente con dao de otro The fact that the statute us silent, obscure or insufficient with respect to a question before the court will not justify to render judgment thereonSurplusage and superfluity disregarded Surplusagium non noceat, surplusage does not vitiate the statute Utile per inutile non vitiatur, nor the useful vitiated by non-usefulLaw does not require the impossible Law obliges no one to perform an impossibility Nemo tenetur ad imposible There is no obligation to do an impossible thing, impossibilium nulla obligation estNumber and gender of words When the context of a statute so indicated, words in plural include the singular and viceversa. The masculine, but not the feminine, includes all gendersC. ImplicationsDoctrine of Necessary Implication No statute can provide all the details involved in its application Gaps in the law develop as the law is enforced What is implied in a statute is as much part as what is expressed Ex necessitate legis, from the necessity of the lawEvery statutory grant of power, right or privilege is deemed to include all incidental power, right or privilege. Greater includes the lesser, in eo quod plus sit, semper inest et minusRemedy implied from the right Where there is a right, there is a remedy for violation thereof Ubi jus, ibi remedium Existence of a right implies a corresponding obligation The fact that the statute is silent as to the remedy does not preclude him from vindicating his right, for such remedy is implied from such rightGrant of Jurisdiction Jurisdiction to hear and decide cases is conferred by the Constitution or by Statute, no elseWhat may be implied from the grant of jurisdiction Where the court has jurisdiction over the main cause of action, it can grant relief incidental thereto, even if they would otherwise be outside of its jurisdictionGrant of power includes incidental power Where general power is conferred or duty enjoined, every particular power necessary for the exercise of one or the other is also conferredGrant of power excludes greater power Grant of power should be limitedWhat is implied should not be against the law e.g. while the power to appoint ordinarily carries the power to suspend or remove, it can still be restricted by constitutional limitationsAuthority to charge against public funds may not be impliedIllegality of act implied from prohibition An act done that is prohibited render the act null and void Ex dolo malo no oritur action No man can be allowed to found a claim upon his own wrong doing or inequity Nullus commodum capere potest de injuria sua propria No man should be allowed to take advantage of his own wrong In pari delicto potior est condition defendentisException It will not apply when its enforcement will violate an avowed fundamental policy or public interest What cannot be done directly cannot be done indirectly Quando aliquid prohibetur ex directo, prohibetur et per obliquumChapter V: Interpretation of words and phrasesA. In GeneralGenerally Words or phrase used in a statute may; Have an ordinary, generic, restricted, technical, legal, commercial or trade meaning May be define in the statute itself May have previously received a judicial construction That which effectuates the intent shall be usedStatutory definition Defined in the statute Legislative definition is controlling Does not usurp the courts ability to interpret but merely legislates what should be part of the law itselfQualification Does not apply if application will result to incongruity, destroys major purpose or becomes illogicalWords construed in their ordinary sense In absences of legislative intent, ordinary meaning Courts should not presume that the lawmaking body does not know the meaning of the words and the rules of grammars Ubilex non distinguit nec nos distinguere debemosGeneral words construed generally Unless shown that the word is intended to be given a different or restricted meaning Generalia verba sunt generaliter intelligenda What is generally spoken shall be generally understood or general words shall be understood in a general sense Generale dictum genereliter est interpretandum General statement is understood in a general senseGeneric term includes things that arise thereafter Progressive interpretation- extends by construction the application of a statute to all subjects or conditions within its general purpose or scope that come into existence subsequent to its passage and thus keeps legislation from becoming ephemeral and transitoryWords with commercial or trade meaning Words in common use among merchants and traders should not be given a new strange interpretation given such trade or commercial meaning as has been generally understood among merchantsWords with technical or legal meaning presumption is that the language used in the statute, which has a technical or well-known meaning, is used in that sense by the legislatureHow identical terms in the same statute construed Same meaning throughout the statute, unless a different intention appears or is clearly expressedMeaning of word qualified by purpose of statute purpose may indicate what meaning should be given to a word construction should be adopted which will most tend to give effect to the manifest intent of the lawmaker and promote the object was enacted rejected if abortive of the provisionsWord or phrase construed in relation to other provisions Must be interpreted in relation to other provisions of lawMeaning of term dictated by context A word is to be understood in the context in which it is used Verba accipienda sun secundum materiamWhere the law does not distinguish Where the law does not distinguish, courts should not distinguish Ubilex non distinguit, nec nos distinguere debemusDisjunctive and conjunctive words or disjunctive term signifying disassociation and independence of one thing from each of the other things enumerated may sometimes mean and depending on the intent used as an equivalent of that is to say giving precedes it the same significance as that which follows it may mean successively as no one has the authority to proceed if there is any person previously mentioned therein and conjunction meaning together with, joined with, along with, added to or linked to Used to conjoin word with word, phrase with phrase, lcause with clause Does not mean or, unless literal interpretation would pervert the plain intention of the legislature as gleaned from the context of the statute or from external factors Joinder or union binding together, relating the one to the other and/or conjunctive and disjunctive Will be taken accordingly to the intent of the legislatorB. Associated WordsNoscitur a sociis Where a particular word is obscured or of doubtful meaning, taken by itself, the obscurity or doubt may be removed by reference to the meaning of associated of companion wordsEjusdem Generis Same kind of specie Where a general word or phrase follows an enumeration of particular and specific word of the same class or where the latter follow the former, the general word of phrase is to be construed to include, or be restricted to, persons, things or cases akin to, resembling, or of the same king or class as those specifically mentioned Purpose is to give effect to both particular and general wordsLimitations/Requisites Statute contains an enumeration of particular & specific words, followed by general word or phrase Particular and specific words constitute a class or are the same kind Enumeration of the particular & specific words is not exhaustive or is not merely by examples There is no indication of legislative intent to give the general words or phrases a broader meaning Do not defeat the intentExpressio unius est exclusion alterius The express mention of one person, thing or consequence implies the exclusion of all others. Expressum facit cessare tacitum, what is expressed puts an end to that which is implied where a statute, by its terms, is expressly limited to certain matters, it may not, by interpretation or construction, be extended to other matters. Exceptio firmat regulam in casibus non exceptis, A thing not being excepted must be regarded as coming within the purview of the general rule Expressio unius est exclusion alterius , The expression of one or more things of a class implies the exclusion of all not expressed, even though all would have been implied had none been expressed; opposite the doctrine of necessary implication used in construction of statutes granting powers, creating rights and remedies, restricting common rights, imposing rights & forfeitures, as well as statutes strictly construed.

Negative-Opposite doctrine Argumentum a contrario, what is expressed puts an end to what is implied.

Limitations Cannot be used to defeat the plainly indicated purpose of the legislature no more than auxiliary rule of interpretation to be ignored where other circumstances indicate that the enumeration was not intended to be exclusive. Does not apply where enumeration is by way of example or to remove doubts only.

Doctrine of Cassu Omissus Cassus omissus pro omisso habendus est A person, object or thing omitted from an enumeration must be held to have been omitted intentionally.

Doctrine of last antecedent Qualifying words restrict or modify only the words or phrases to which they are immediately associated not those which are distantly or remotely located. Ad proximum antecedens fiat relatio nisi impediatur Sentential, relative words refer to the nearest antecedents, unless the context otherwise requiresQualification Subject to the exception that where the intention of the law is to apply the phrase to all antecedents embraced in the provision, the same should be made extensive to the whole. Doctrine does not apply where the intention is not to qualify the antecedent at all.Reddendo singular singulis Variation of doctrine of last antecedent Each to each Referring each phrase or expression to its appropriate object, or let each be put in its proper place, that is, the word should be taken distributively.

C. Provisos, Exceptions and Saving Clauses

Provisos, generally To limit the application of the enacting clause, section, or provision of a statute, or to except something therefrom, or to qualify or restrain its generality, or to exclude some possible ground of misinterpretation of it, as extending to cases not intended by the legislature to be brought within its purview To restrain or qualify the generality of the enacting clause or section to which it refers Limit or restrict, not enlarge

Proviso may enlarge scope of law Legislature does not always use it correctly, when there is ambiguity, ascertain legislative intent Proviso as additional legislation

Proviso as additional legislation Expressed in the opening statement of a section of a statute Would mean exactly the reverse of what is necessarily implied when read in connection with the limitation To limit generalities and exclude from the scope of the statute that which otherwise would be within its terms

Proviso qualifies Only the phrase immediately preceding it or restrains or limits the generality of the clause that it immediately follows Construed with the immediately preceding part of the provision

Exception If there is contrary legislative intent

Repugnancy between proviso and main proviso Harmonize first for its not meant to repeal or destroy the main proviso In case of irreconcilable difference, that is located in the later portion prevails

Exceptions consists of that which would otherwise be included in the provision from which it is excepted. exempts something from the operation of a statute by express words. except, unless otherwise, and shall not apply Construed as such if it removes something from the operation of a provision of law Exceptio firmat regulam in casibus exceptis, A thing not being excepted, must be regarded as coming within the purview of the general rule.

Exception and proviso distinguished Exception Exempts something absolutely from the statute Takes out of the statute something that would otherwise be a part of the subject matter of it Part of the enactment itself Proviso Defeats its purpose conditionally Avoids by means of defeasance or excuse Enactment is modified by engrafting upon a new provision, by way of amendment, providing conditionally for a new case

Saving Clause Operates to except from the effect of the law what the clause provides Save something which would otherwise be lost Except or save something from the effect of a repeal of a statuteChapter VI: Statute Construed as a whole and in relation to other statutesA. Statute Construed as a wholeGenerally Statute is passed as a whole and not in parts or sections and is animate by one general purpose or intent Whole and every part of the statute must be construed together

Never: Divide by process of etymological dissertation Separate the words Separate context Base definitions on lexicographer

Intent ascertained from statute as whole intent should be extracted/ascertained from statutes as a whole the law is the best expositor of itself Optima Statuti Interpretatio est ipsum statutum, the best interpreter of a statute is the statute itselfPurpose or context as controlling guide Particular meaning to be attached to any word or phrase is usually to be ascertained from the contextGiving effect to the statute as a whole Statute is enacted in whole and not in parts, or sections, implies one part is as important as the other Ut res magis valeat quam pereat, construction is to be sought which gives effect to the whole of the statuteApparently conflicting provisions reconciled All provisions even if apparently contradictory, should be allowed to stand and given effect by reconciling themSpecial and general provisions in the same statute Particular or special provision must be operative, as an exception to the general provisionConstruction as not to render provision nugatoryReason Legislature enacted a statute whose provisions are in harmony and consistent with each other and that conflicting intentions on the same statute are never supposed or regardedQualification Reject one which is least in accord with the general plan of the whole statute; or The last in order of position, unless intent shows otherwiseConstruction as to give life to law Interpretatio fienda est ut res magis valeat quam pereat Interpretation as will give the thing efficacy is to be adopted Ut res magis valeat quam pereat Interpret a statute as to give it efficient operation and effect as a wholeConstruction to avoid surplusage Presumption that legislature did not insert a provision which is unnecessary and a surplusageStatute and its Amendments construed together Amendment should be harmonized and construed with the earlier provision of the charter to the end that said provision and the amendment are both given effectB. Statute Construed in relation to Constitution and other Statute

Statute Construed in harmony of the Constitution Statute should not be interpreted independently of the constitution Presumption of the intention to enact a valid, sensible, and just law and one which operated no further than may be necessary to effectuate the specific purpose of the law

Statutes in pari materia Relate to the same person or thing, or have the same purpose or object, or cover the same specific or particular subject matterHow to construe in pari materia Interpretare et concordare leges legibus est optimus interpretandi modus, every statute must be so construed and harmonized with other statutes as to form a uniform system of jurisprudence Distingue tempora et concordabis jura, distinguish times and you will harmonize the laws

Reasons why laws on same subject are reconciled The presumption that the legislature took into account prior laws when they enacted the new one.

Where harmonization is impossible One has to give way in favor of the other, earlier one must yield to the later one being the later expression of the legislative will

General and special statutes Special must prevail since it evinces the legislative intent more clearly that of a general statute and must be taken as intended to constitute an exception to the general act

Reason Legislature in passing a law of special character has its intention directed to the special fact and circumstances which the special act is intended to meet

Qualifications/Exception Where the legislature clearly intended the later general enactment to cover the whole subject and to repeal all prior laws inconsistent therewith, general law prevails over a special law Where the special law mere establishes a general rule while a general law creates a specific special rule

Reference Statutes Refers to other statutes and makes them applicable to the subject of legislation Adoption by reference of a statute that was previously repealed revives the statute

Supplemental Statutes Supply deficiencies in an existing statute and to add, to complete, or to extend the statute without changing or modifying its original text

Reenacted statutesstatute which reenacts a previous statute or provision.Reproducing an earlier statute with the same or substantially the same words.

Adoption of contemporaneous constructiontake into account prior contemporaneous construction and give due weight and respect to it

Qualification of the ruleapplicable only when the statute is capable of the construction given to it and when that construction has become a settled rule of conduct

Adopted statutesa statute patterned after a statute of a foreign country.Court should take into consideration how the courts of other country construe the law and its practices

Chapter VII Strict or Liberal ConstructionA. In GeneralGenerally depend upon the nature of the statute, purpose to be subserved, and mischief to be remedied to give the statute the interpretation that will best accomplish the end desired and effectuate legislative intent

Strict construction, generally according to the letter recognizes nothing that is not expressed, takes the language used in its exact meaning, and admits no equitable consideration scope of the statute shall not be extended or enlarged by implication, intendment, or equitable consideration beyond the literal meaning of its terms

Liberal Construction, defined Equitable construction as will enlarge the letter of a statute to accomplish its intended purpose, carry out its intent, or promote justice words should receive a fair and reasonable interpretation, so as to attain the intent, spirit and purpose of the law

Liberal construction applied, generally Ambiguous and capable of more than one construction To save statute from obliteration Legitimate exercise of judicial power Construction to promote social justice Enshrined in the Constitution

Construction taking into consideration general welfare or growth civilization Expansive application to attain the general welfare Salus populi est suprema lex, the voice of the people is the supreme law Statuta pro publico commodo late interpretantur, statutes enacted for the public good are to be construed liberally

B. Statutes Strictly Construed Penal Statutes Punishments are imposed for violation or transgression of their provisions Commands or prohibit acts, and establish penalties for their violence Impose penalty upon commission

Penal Statutes strictly construed Against the state In favor of the accuse Cannot be enlarged or extended by intendment, implication or any consideration Doubt resolved in favor of the accused To safeguard the rights of defendantReason Law is tender in favor of the weights if an individual Acts mala in se and mala prohibita to constitute a crime, evil intent must combine with an act Actus non facit reum nisi mens sit rea, act itself does not make a man guilty unless his intention were so Actus me invite factus non est meus actus, an act done byme against my will is not my act

Limitation Strict construction should not be permitted to defeat the intent, policy and purpose of the statute Where a penal statute is capable of 2 interpretations, one which will operate to exempt an accused from liability for violation thereof and another which will give effect to the manifest intent of the statute and promote its object, the latter interpretation should be adopted Applies only when the law is ambiguous

Statutes in derogation of rights As these statutes are in derogation of common or general rights, they are generally strictly construed and rigidly confined to cases clearly within their scope and purpose When there are two reasonably possible constructions, one which would diminish or restrict fundamental right of the people and the other if which would not do so, the latter construction must be adopted so as to allow full enjoyment of such fundamental right

Statutes authorizing expropriations Exercise of right of eminent domain Derogation of private rights Against the state In favor of the owner of the land

Statutes granting privileges Privilegia recipient largam interpretationem voluntati consonam concedentis, privileges are to be interpreted in accordance with the will of him who grants them against grantee in favor of grantor

Legislative grants to local government units Grants of public nature Against the grantee In favor of grantor

Statutory grounds for removal of officials Removal is to be confined within the limits prescribed for it Remedy of removal is a drastic one and penal in nature

Naturalization laws Against the applicant In favor of the state Grant of privilege

Statutes imposing taxes and customs duties Against the government In favor of payer Destructive power which interfered with the personal and property rights of the people Takes a portion of their property

Statutes granting tax exemptions Against payer In favor taxing authority Proof rests upon the taxpayer claiming to be exempted Law frowns against exemption from taxation because taxes are the lifeblood of the nation Minimize the different treatment and foster impartiality, fairness, and equality of treatment among taxpayers

Qualification/Exemption Where provision of the law is clear and unambiguous does not apply in the case of tax exemptions in favor of the government itself or its agencies for it will minimize spending

Statutes concerning the sovereign Restrictive statutes which impose burdens on the public treasury or which diminish rights and interests Unless so specified, the government does not fall within the terms of any legislation

Statutes authorizing suits against the government Art. XVI, Sec. 3, The State may not be sued without its consent Nullum tempus occurrit regi, there can be no legal right as against the authority that makes the law on which the right depends not to subject the state to inconvenience and loss of governmental efficiency no action against officers consent does not cover garnishmentStatutes prescribing formalities of the will In accordance with the statutory requirements apply the intent of the legislators and not that of the testator

Exceptions and provisos Should be strictly but reasonably construed Against exceptions and provisos In favor of general rule

C. Statutes Liberally ConstruedGeneral social legislation Enacted To implement the social justice and protection-to-labor provisions of the Constitution Includes labor laws, tenancy laws, land reform laws, and social security laws

General Welfare Clause In favor of LGUs give more powers to local governments in promoting the economic condition, social welfare, and material progress of the people in the community

Grant of power to local governments implied power of a province, a city, or a municipality shall be liberally construed in its favor. Any fair and reasonable doubt as to the existence of the power should be interpreted in favor of the local government and it shall be presumed to exist

Statutes granting taxing power (on municipal corporations) LGU dont have inherent power of taxation Against LGU

Statutes prescribing prescriptive period to collect taxes liberally affording protection to the taxpayers

Statutes imposing penalties for nonpayment of tax liberally construed in favor of government and strictly construed against the taxpayer to hasten tax payments or to punish evasions or neglect of duty in respect thereto

Election laws Reasonably and liberally construe to achieve purpose, to effectuate and safeguard the will of the electorate in the choice of their representatives Provisions for the conduct of elections which election officials are required to follow Before election mandatory After election directory Remedy against election official who did not do his duty criminal action against them Provisions which candidates for office are required to perform Mandatory and fatal Procedural rules which are designed to ascertain, in case of dispute, the actual winner in the elections liberally construed in favor of the winner

Amnesty proclamations liberally construed as to carry out their purpose to encourage to return to the fold of the law of those who have veered from the law in favor of accused against the state pardon same

Statutes prescribing prescriptions of crimes In favor of the accused Against the state time wears off proof and innocence

Adoption construed in favor of the child to be adopted

Veteran and pension laws liberally construed in favor of grantee

Rules of Court Liberally in favor of the purpose, the proper and just determination of a litigation

Other Statutes Curative statutes Redemption laws- in favor of purpose, to enable the debtor to recover his property Statutes providing exemptions from execution are interpreted liberally in order to give effect to their beneficial and humane purpose Ware-house receipt laws Probation laws- give first-hand offenders a second chance to maintain his place in society through the process of reformation Statute granting powers to an agency

Chapter X: Amendment Revision and Repeal

A. AmendmentPower to amend Part of legislative power Should not impair obligations of contract Change the meaning

How amendment effected the change or modification, by deletion, alteration, of a statute which survives in its amended form amendment of a statute is effected by the enactment of an amendatory act modifying or altering some provisions of a statute Express amendment- done by providing in the amendatory act that specific sections or provisions of a statute be amended as recited therein or as common indicated, to read as follows.

Amendment by implication Neither presumed of favored Every statute should be harmonized with other laws on the same subject, in the absence of a clear inconsistency Legislative intent to amend a prior law on the same subject is shown by a statement in the later act that any provision of law that is inconsistent therewith is modified accordingly part of a prior statute embracing the same subject as the later may not be enforced without nullifying the pertinent provision of the latter in which event, the prior act is deemed amended or modified to the extent of repugnancy

When amendment takes effect Art 2 NCC

How amendment is construed, generally Statute and amendment are read as a whole Amendment act is ordinarily construed as if the original statute has been repealed and a new independent act in the amended form had been adopted regarded as if the statute has been originally enacted in it amended form becomes part of the original statute Read in a connection with other sections as if all had been enacted in the same statute

Meaning of law changed by amendment given a construction different from the law prior to its amendment, would not have amended it had not it not wanted to change its meaning

Amendment Operates Prospectively unless the contrary is provided or the legislative intent to give it a retroactive effect is necessarily implied from the language used and only if no vested right is impaired

Effect of Amendment on Vested Rights Cannot impair vested rights and obligations of contract, original act continues to be in force with regard to all rights that had accrued prior to the amendment or to obligations that were contracted under the prior act and such rights and obligations will continue to be governed by the law before its amendment Effect of amendment on jurisdiction Jurisdiction of a court to try cases is determined by the law in force at the time the action is instituted Jurisdiction remains with the court until the case is finally decided therein

Effect of nullity of prior or amendatory act Where a statute which has been amended is invalid, nothing in effect has been amended. The amendatory act, complete by itself, will be considered as an original or independent act Where the amendatory act is declared unconstitutional, it is as if the amendment did not exist, and the original statute before the attempted amend remains unaffected and in force.

B. Revision and CodificationGenerally to restate the existing laws into one statute and simply complicated provisions, and make the laws on the subject easily found

Construction to harmonize different provisions Presumed that author has maintained a consisted philosophy or position. different provisions of a revised statute or code should be read and construed together. code is enacted as a single, comprehensive statute, and is to be considered as such and not as a series of disconnected articles or provisions. A irreconcilable conflict between parts of a revised statute or a code, that which is best in accord with the general plan or, in the absence of circumstances upon which to base a choice, that which is later in physical position, being the latest expression of legislative will, will prevail

What is omitted is deemed repealed all laws and provisions of the old laws that are omitted in the revised statute or code are deemed repealed, unless the statute or code provides otherwise revision or codification is, by its very nature and purpose, intended to be a complete enactment on the subject and an expression of the whole law thereon, which thereby indicates intent on the part of the legislature to abrogate those provisions of the old laws that are not reproduced in the revised statute or code Possible only if the revised statute or code was intended to cover the whole subject to is a complete and perfect system in itself subsequent statute is deemed to repeal a prior law if the former revises the whole subject matter of the former statute. When both intent and scope clearly evince the idea of a repeal, then all parts and provision of the prior act that are omitted from the revised act are deemed repealed

Change in phraseology in the revision or codification of statutes, neither an alteration in phraseology nor the admission or addition of words in the later statute shall be held necessarily to alter the construction of the former acts condensation is necessary Words which do not materially affect the sense will be omitted from the statute as incorporated in the revise statute or code, or that some general idea will be expressed in brief phrases\

Continuation of Existing Laws codification should be construed as the continuation of the existing statutes codifiers did not intend to change the law as it formerly existed C. RepealPower to repeal Power to repeal a law is as complete as the power to enact one legislature cannot in and of itself enact irrepealable laws or limit its future legislative acts to officially make a law no longer validRepeal Total repeal revoked completely Partial repeal leaves the unaffected portions of the statute in force. A particular or specific law, identified by its number of title, is repealed is an express repeal. All other repeals are implied repeals Failure to add a specific repealing clause indicates that the intent was not to repeal any existing law, unless an irreconcilable inconsistency and repugnancy exist in the terms of the new and old laws, latter situation falls under the category of an implied repeal Repealed only by the enactment of subsequent laws. The change in the condition and circumstances after the passage of a law which is necessitated the enactment of a statute to overcome the difficulties brought about by such change does not operate to repeal the prior law, nor make the later statute so inconsistent with the prior act as to repeal itRepeal by implication Where a statute of later date clearly reveals an intention on the part of the legislature to abrogate a prior act on the subject, that intention must be given effect There must be a sufficient revelation of the legislative intent to repeal Intention to repeal must be clear and manifest the latter act is to be construed as a continuation not a substitute for the first act so far as the two acts are the same, from the time of the first enactment categories of repeals by implication Where provisions in the two acts on the same subject matter are in an irreconcilable conflict and the later act to the extent of the conflict constitutes an implied repeal of the earlier. If the later act covers the whole subject of the earlier one and is clearly intended as a substitute, it will operate similarly as a repeal of the earlier act.Irreconcilable inconsistency Two statutes covering the same subject that are clearly inconsistent and incompatible that they cannot be reconciled or harmonized Both cannot be given effect, one law cannot be given effect without nullifying the other Implied repeal earlier and later statutes should embrace the same subject and have the same object Irreconcilable inconsistency between to laws embracing the same subject may also exist when the later law nullifies the reason or purpose of the earlier act, so that the latter law loses all meaning and function Leges posteriores priores contrarias abrogant, a later law repeals the prior law on the subject which is repugnant thereto)

Implied repeal by revision or codification Revised statute is in effect a legislative declaration that whatever is embraced in the new statute shall prevail and whatever is excluded there from shall be discarded Must be intended to cover the whole subject to be a complete and perfect system in itself in order that the prior statutes or parts thereof which are not repeated in the new statute will be deemed impliedly repealed.

Repeal by Reenactment Where a statute is a reenactment of the whole subject in substitution of the previous laws on the matter, the latter disappears entirely and what is omitted in the reenacted law is deemed repealed

Other forms of implied repeal most powerful implication of repeal is that which arises when the later of two laws is expressed in the form of a universal negative, negative statute repeals all conflicting provisions unless the contrary intention is disclosed Legislative intent to repeal is also shown where it enacts something in general term and afterwards it passes another on the same subject, which though expressed in affirmative language introduces special conditions or restrictions, subsequent statute will usually be considered as repealing by implication the former regarding the matter covered by the subsequent act

All laws or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly, construed. Repealing clause Not express repealing clauses because it fails to identify or designate the act or acts that are intended to be repealed Predicated the intended repeal upon the condition that a substantial conflict must be found on existing a prior acts of the same matter the presence of such general repealing clause in a later statute clearly indicates the legislative intent to repeal all prior inconsistent laws on the subject matter whether or not the prior law is a special lawRepeal by implication not favored Presumption is against inconsistency or repugnancy and, accordingly, against implied repeal Legislature is presumed to know the existing laws on the subject and not to have enacted inconsistent or conflicting statutes. doubt should be resolved against implied repeal.

As between two laws, one passed later prevails Leges posteriors priores contrarias abrogant Applies even if the later act is made to take effect ahead of the earlier law. As between two acts, the one passed later and going into effect earlier will prevail over one passed earlier and going into effect later

General law does not repeal special law, generally Generalia specialibus non derogant, a general law does not nullify a specific or special law General and special laws are read and construed together, and that repugnancy between them is reconciled by constituting the special law as an exception to the general law

When special or general law repeals the other There is always a partial repeal where the later act is a special law Intent to repeal the earlier special law where the later general act provides that all laws or parts thereof which are inconsistent therewith are repealed or modified accordingly If the intention to repeal the special law is clear, then the rule that the special law will be considered as an exception to the general law does not apply; what applies is the rule that the special law is deemed impliedly repealed A general law cannot be construed to have repealed a special law by mere implication admits of exception

Effects of repeal, generally Appeal of a statute renders it inoperative as of the date the repealing act takes effect Repeal is by no means equivalent to a declaration that the repealed statute is invalid from the date of its enactment The repeal of a law does not undo the consequences of the operation of the statute while in force, unless such result is directed by express language or by necessary implication, except as it may affect rights which become vested when the repealed act was in force

On jurisdiction, generally Jurisdiction is determined by law General rule: where a court or tribunal has already acquired and is exercising jurisdiction over a controversy, its jurisdiction to proceed to final determination of the cause is not affected by the new legislation repealing the statute which originally conferred jurisdiction Rule: once the court acquires jurisdiction over a controversy, it shall continue to exercise such jurisdiction until the final determination of the case and it is not affected by subsequent legislation vesting jurisdiction over such proceedings in another tribunal admits of exceptions

jurisdiction to try criminal case Once acquired, jurisdiction remains with the court until the case is finally determined Unless contrary is provided, prohibitory word are used, or the criminal law violated is itself repealed

On actions, pending or otherwise Rule: repeal of a statute defeats all actions and proceedings, including those, which are still pending, which arose out of or are based on said statute

On vested rights repeal of a statute does not destroy or impair rights that accrued and became vested under the statute before its repeal

On contracts repeal or amendment of said law will not affect the terms of the contract nor impair the right of the parties

Effect of repeal of tax laws Rule favoring a prospective construction of statutes is applicable to statutes which repeal tax laws Effect of repeal and reenactment does not affect the rights and liabilities which have accrued under the original statute, since the reenactment neutralizes the repeal and continues the law in force without interruption

Effect of repeal of penal laws Where the repeal is absolute, so that the crime no longer exists, prosecution of the person charged under the old law cannot be had and the action should be dismissed, act which was penalized by a prior law ceases to be criminal under the new law, the previous offense is obliterated deprives the courts of jurisdiction to try, convict, and sentence, persons, charged with violations of the old law prior to the repeal Reason: the repeal of a penal law without disqualification is a legislative act of rendering legal what is previously decreed as illegal, so that the person who committed it is as if he never committed an offence Exception: where the repealing act reenacts the statute and penalizes the same act previously penalized under the repealed law, the act committed before reenactment continues to be a crime, and pending cases are not thereby affected. Where the repealing act contains a saving clause providing that pending actions shall not be affected, the latter will continue to be prosecuted in accordance with the old law.

Distinction as to effect of repeal and expiration of law In absolute repeal, the crime is obliterated and the stigma of conviction of an accused for violation of the penal law before its repeal is erased, expiration does not

Effect of repeal of municipal charter repeal of a charter destroys all offices under it, and puts an end to the functions of the incumbents conversation of a municipality into a city by the passage of a charter or a statute to that effect has the effect of abolishing all municipal offices then existing under the old municipality offices then the existing under the old municipality, save those excepted in the charter itself.

Repeal or nullity of repealing law, effect of the law first repealed shall not thereby revived unless expressly so provided Where a repealing statute is declared unconstitutional, it will have no effect of repealing the former statute, the former or old statute continues to remain in forceChapter XI: Constitutional ConstructionConstitutional Construction Fundamental law which sets up a form or government and defines and delimit the powers thereof Basis by government, established by the people in their sovereign capacity to promote their happiness and to promote their happiness and to secure their rights, property, independence and common welfare Written charter by the people (government is for them) Permanent in nature that is to say that it is intended not only to meet existing conditions but also the future Enumerates general principles and general directions to apply to all new facts Supreme, imperious, absolute and unalterableOrigin and History of the Philippine Constitutions 1987 Constitution Revision of the 1935 and 1973 Constitutions Adopted after the EDSA Revolution 1935 Constitution Adopted by the Philippine (Islands) subject to the conditions of the Tydings-Mcduffie Law 1973 Constitution Adopted in response to popular clamor for meaningful changes in the fundamental laws to meet mounting problems of the countryPrimary Purpose of Constitutional Construction Ascertain the intent or purpose of the framers of the constitution as expressed in the language of the fundamental law and assure its realization Fundamental purpose: to protect and enhance the peoples interests as a nation collectively and as persons individuallyConstruction construed as enduring for ages Not intended to provide merely for the exigencies of a few years but too endure through a long lapse of ages Continuing instrument Dynamic process Progressive and not staticHow language of Constitution construed Do not have narrow or constricted meaning Used in broad sense, to cover all contingencies Plain, clear and unambiguous language of the constitution should be construed in that sense and should not be given a construction that changes its meaningAids to construction, generally History or realities existing at the time of the adoption of the constitution, proceedings of the convention, changes in phraseology, prior laws and judicial decisions, contemporaneous constructions and consequences of alternative interpretations Construction that tends to respond to changing conceptions of political and social valuesRealities existing at the time of adoption; object to be accomplished Help unravel the intent behind the constitutional provisionProceedings of the Convention If provisions are clear, no need to construe. Because while a members opinion in valuable, it is not necessarily expressive of the peoples intent In short, helpful, but not conclusive Because it is not from the convention that the Constitution derives its force but from the peopleContemporaneous constructions and writings Used to resolve but not to create ambiguities, only then can it be given great weight. Otherwise, little weight Where the legislature has revised a statute after the constitution has been adopted, such a revision is to be regarded as a legislative construction that the statute so revised conforms to the constitutionPrevious laws and judicial rulings Framers are presumed to be aware of prevailing judicial doctrine or rulings concerning which are the subject of the constitutional provisions If the framers of the constitution adopted a principle different from what the courts had previously enunciated, they dod so to overrule said principleChanges in phraseology Changes in phraseology may be inquired into to ascertain the intent or purpose of the provision as finally approves Mere deletion of a phrase is not determinative of any conclusion. They are, at best, negative guides which cannot prevail over the positive provisions finally adopted by the constitutionConsequences of alternative constructions Where a constitutional provision is susceptible of more than one interpretation, that construction which would lead to absurd, impossible or mischievous consequences must be rejectedConstitutional provision construed as a whole Apparently conflicting provisions should be reconciled and harmonized in a manner that may give all of them full force and effectMandatory or directory Generally mandatory, unless a different intention is manifested by express provision or by necessary implication This is because it is the sovereign itself speaks and is laying down rules which for the time being at least are to control the government and the governedProspective or Retroactive Prospective only, unless the words employed show clear intention that it should have a retroactive effectApplicability of rules of statutory construction Give effect to the intent of the framers of the organic law and of the people adopting it. Presumption of knowledge of existing laws *Copy-pasted from Sarmiento vs. Mison III*Generally, constitutional provisions are self-executing Except when the provisions themselves expressly require legislations to implement them or when, from their language or tenure, they are merely declarations of policies and principles Self-executing provision- one that is complete by itself and becomes operative without the aid of supplementary or enabling legislation or which supplies sufficient rule by means of which the right it grants may be enjoyed or protectedThree Maxims employed as aids to construe constitutional provisions Verba legis Ratio legis est anima Ut magis valea quam pereatConstructions of US Constitutional provisions adopted in 1987 Constitution In construing constitutional provisions adopted or copied in the 1987 Constitution, it is proper for the courts to take into consideration the construction of provisions by the courts of the country from which they are taken

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