statutory construction agpstatutory construction agpalo.pdfalo

8/12/2019 Statutory Construction Agpstatutory construction agpalo.pdfalo

1/70

CHAPTER ONE: Statutes

IN GENERAL

Laws, generally

A whole body or system of law

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

Includes RA, PD, EO (president in the e of legislati!epower", Presidential issuances (ordinance power"#urisprudence, ordinances passed by sanggunians of localgo!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 and operatesthroughout the state ali1e upon all people or all ofa class$

%pecial 0 relates to particular person or things of a

class or to a particular community, indi!idual orthing$

Local Law 0 operation is confined to a specificplace or locality (e$g municipal ordinance"

Pri!ate 0 applies only to a specific person or sub2ect$

Permanent and temporary statutes

Permanent 3 one whose operation is not limited in duration

but continues until repealed$

4emporary 3 duration is for a limited period of time fied inthe statute itself or whose life ceases upon the happening ofan e!ent$

o E$g$ statute answering to an emergency

Other classes of statutes Prospecti!e or retroacti!e 0 accdg$ to application

Declaratory, curati!e, mandatory, directory, substanti!e,remedial, penal 0 accdg$ to operation

According to form

o Affirmati!e

o 5egati!e

)anner of referring to statutes

Public Acts 0 Phil &ommission and Phil Legislature *+6*3*+-7

&ommonwealth Acts 0 *+-83 *+98

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

President 0 *+- ? /reedom (PD and 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 specificlaw

&ongress legislati!e power

4he determination of the legislati!e policy and itformulation and promulgation as a defined and binding ruleof conduct$

Legislati!e power 3 plenary ecept only to such limitationsas 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 ocongress for enactment into law

%hall embrace only one sub2ect which shall be epressed inthe 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 theappropriate committee for study and recommendation

&ommittee 0 hold public hearings and submit

report and recommendation for calendar for second

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

proposed by the committee" 0 unless copies are distributedand such reading is dispensed with

o 'ill will be sub2ect to debates, motions and

amendmentso 'ill will be !oted on

o A bill appro!ed shall be included in the calendar o

bills for -rdreading

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

submitted for final !ote by yeas and nays,

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

BOther @ouseC for concurrence (same process as the firs

passage"o If the BOther @ouseC appro!es without amendmen

it is passed to the President

o If the BOther @ouseC introduces amendments, and

disagreement arises, differences will be settled bythe &onference &ommittees of both houses

o Report and recommendation of the : &onference

&ommittees will ha!e to be appro!ed by bothhouses in order to be considered pass

Presidento Appro!es and signs

o >etoes (within -6 days after receipt"

o Inaction


2/70

If the President !etoes 0 send bac1 to the @ouse where itoriginated with recommendation

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

other house for appro!alo :=- of the other house appro!es 0 it shall become a

law

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

after receipt, bill becomes a law

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

President signs

inaction of president with in -6 days after receipt !etoed bill is repassed by congress by :=- !otes of all its

members, each house !oting separately$

Appropriations and re!enue bills

%ame as procedure for the enactment of ordinary bills

Only difference is that they can only originate from the

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

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!ingappropriations "o special appropriations 0 national treasurer= re!enue

proposalo no transfer of appropriations authority to

augmento 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 bythe &onstitution

Disputable with respect to all other matters

'y reason of public policy, authenticity of laws should rest

upon public memorials of the most permanent character

%hould be public

Enrolled bill

'ills passed by congress authenticated by the %pea1er andthe %enate President and appro!ed by the President

Importing absolute !erity and is binding on the courtso It carries on its face a solemn assurance that it was

passed by the assembly by the legislati!e andeecuti!e departments$

&ourts cannot go behind the enrolled act to disco!er whatreally 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 andappro!ed by the &hief Eecuti!e, the remedy is by

amendment by enacting a curati!e legislation not by 2udicialdecree$

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

If there is discrepancy between enrolled bill and 2ournalenrolled bill pre!ails$

Githdrawal of authentication, effect of

%pea1er and %enate President may withdraw if there idiscrepancy between the tet of the bill as deliberated and

the enrolled bill$

Effecto

5ullifies the bill as enrolledo 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 thetitle thereof (Art 8, %ec :8 (*" *+; &onstitution"

: limitations upon legislation

o 4o refrain from conglomeration, under one statute

of heterogeneous sub2ectso 4itle of the bill should be couched in a language

sufficient to notify the legislators and the publicand those concerned of the import of the singlesub2ect$

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!enthe enactment into law of matters which ha!e not recei!edthe notice, action and study of the legislators$

o 4o prohibit duplicity in legislation

In sum of the purposeo 4o pre!ent hodgepodge= log3rolling legislation

o 4o pre!ent surprise or fraud upon the legislature

o 4o fairly apprise the people, through publication o

the sub2ects of the legislationo Fsed as a guide in ascertaining legislati!e intent

when the language of the act does not clearlyepress its purposeH may clarify doubt o

ambiguity$

@ow re.uirement construed

Liberally construed

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

F% Legislators ha!e titles ending with the words Band foother purposesC ( F% is not sub2ect to the sam&onstitutional restriction as that embodied in the Philippine

&onstitution"


3/70

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 sufficientlyepressed in its title, only so much of the sub2ect matter as is

not epressed therein is !oid, lea!ing the rest in force, unlessthe 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 President of theF%, 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 5ationalAssembly of the Philippines

7 0 when 9 became bicameral Bbe it enacted by the %enateand @ouse of Representati!es in congress assembledC 0 same*+983*+:=*+;3present$

8 0 'atasang Pambansa B'e it enacted by the 'atasangPambansa in session assembledC

0 PD B 5OG 4@ERE/ORE, I JJJJJJ President of thePhilippines, by the powers !ested in me by the &onstitutiondo hereby decree as followsC

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

Preamble

Defined 0 prefatory statement or eplanation or a finding offacts, reciting the purpose, reason, or 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 thepreamble 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 sub2ect should onlyone sub2ect matter, e!en there pro!isions should be alliedand 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$

It is not controlling and the courts may in!alidate the wholestatute where what is left, after the !oid part, is not complete

and wor1able

Presumption 0 statute is effecti!e as a whole

its effect to create in the place of such presumption theopposite of separability$

PRESIDENTIAL ISSUANCES, RULES AND ORDINANCES

Presidential issuances

are those which the president issues in the eercise o

ordinance power$

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

@a!e force and effect of laws$

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

general or permanent character in the

implementation or eecution of constitutionalstatutory powers$

o do not ha!e the force and effect of laws enacted by

congresso different from EO issued by the President in the e

of her legislati!e power during the re!olutionPresidential decree under the freedom constitution

AOo acts of the President which relate to particula

aspects of go!ernmental operations in pursuance ofhis duties as administrati!e head

Proclamationso 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 aspecific law or regulation is made to depend

)O

o acts of the President on matters of administrati!edetails or of subordinate or temporary intereswhich only concern a particular officer or office ofgo!ernment

)&o acts of the president on matters relating to interna

administration which the President desires to bringto the attention of all or some of the departmentsagencies, bureaus, or offices of the go!ernment

for information of compliance

Keneral or %pecific Ordero 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 o

a .uasi32udicial body be appealable directly to the %&, ienacted 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 rightsright to appeal


4/70

Procedural rules 0 means of implementing eisting rightHwhere to file an appeal for transferring the !enue

Rules and regulations issued by the administrati!e oreecuti!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 ob2ectsand 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 of carrying

into effect the general pro!isions of thelaw

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 suchstatute 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 of law$ the law must be

o &omplete in itself

o /i a standard which may be epress or implied

Eample of BstandardC 0 simplicity and

dignityH public interestH public welfareHinterest of law and orderH 2ustice ande.uity and substantial merit of the caseHade.uate and efficient instruction

Eampleo &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 !alidlawH 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 thatfinally determine what the law means

Administrati!e construction is not necessarily binding uponthe courtsH it may be set aside by 2udicial department (if thereis an error of law, or abuse of power or lac1 of 2urisdiction or

KAD 0 gra!e abuse of discretion"

'arangay ordinance

%angguniang barangay 0 smallest legislati!e bodyH may passan ordinance by ma2ority of all its membersH sub2ect tore!iew by %angguniang bayan= panglungsod

%angguniang bayan= panglungsod 0 ta1e action on theordinance within -6 days from submissionH if theres

inaction, it is presumed to be consistent with the municipal

or city ordinanceH if inconsistency is found, it will remand tothe %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 presumedappro!edH if !etoed and o!erridden by :=- of all members,

ordinance is appro!ed

Appro!ed ordinance is passed to %angguniang panlalawiganfor re!iew

o Githin -6 days may in!alidate in whole or in part

and its action is finalH if theres inaction within -6days, it is deemed !alid

&ity ordinance

>ested in %angguniang panglungsod

)a2ority of the .uorum !oting, ordinance is passed

%ubmitted to )ayor within *6 dayso Appro!e

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

o Inaction 0 deemed appro!ed

If city or component city 0 submit to %angguniangpanlalawigan for re!iew which shall ta1e action within -6

days, otherwise, it will be deemed !alid

Pro!incial ordinance

%angguniang panlalawigan 0 ma2ority of .uorum !otingpassage of ordinance

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

o 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 !alido 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 rest

not on the courts alone but on the legislati!e andeecuti!e branches as well

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

4o declare a law unconstitutional, the repugnancy of the law

to the constitution must be clear and une.ui!ocal

All reasonable doubts should be resol!ed in fa!or of theconstitutionality 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 decidethe issue of constitutionality of a law in appropriate cases

Re.uisites for eercise of 2udicial power

4he eistence of an appropriate case

Interest personal and substantial by the party raising theconstitutional .uestion

Plea that the function be eercised at the earliest opportunity

5ecessity that the constitutional .uestion be passed upon inorder to decide the case

Appropriate case

'ona fide case 0 one which raises a 2usticiable contro!ersy

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

!ital contro!ersy

&ontro!ersy is 2usticiable when it refers to matter which iappropriate for court re!iewH pertains to issues which are

inherently susceptible of being decided on groundrecognied 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 o

2udicial re!iew 0 2udicial power includes the dutyof the courts of 2ustice to settle actual contro!ersiein!ol!ing rights which are legally demandable andenforceable and to determine whether or not there

has been KAD amounting to lac1 or ecess o


5/70

2urisdiction on the branch or the part of anybranch= instrumentality of the Ko!ernment

%tanding to sue

Legal standing or locus standi 0 personal= substantial interestin the case such that the party has sustained or will sustain

direct in2ury as a result of go!ernmental act that is beingchallenged

BinterestC 0 an interest in issue affected by the decree

&itien 0 ac.uires standing only if he can establish that hehas suffered some actual or threatened concrete in2ury as aresult 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 legal standing to.uestion the !alidity of the Presidential !eto or a condition

imposed on an item in an appropriations bills

%& may, in its discretion, ta1e cogniance of a suit whichdoes 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 !isibilitypatrols 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 inthe lower courtH or

in criminal cases 0 at any stage of the proceedings or onappeal

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

the .uestion is necessary to a decision, and in cases where itin!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, in its discretion, may s.uarely decidethe case

where the .uestion of !alidity, though apparently hasbecome moot, has become of paramount interest and there isundeniable 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 canor 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 unbridleddiscretion in carrying out its pro!isions

o Ghere theres a change of circumstances 0 i$e$

emergency laws

Ordinances (test of !alidity are"o It must not contra!ene the &onstitution or any

statuteo 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

policyo 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 law

decision affect ALLo )odern !iew 0 less stringentH the court in passing

upon the .uestion of unconstitutionality does notannul or repeal the statute if it finds it in conflicwith the &onstitutionH decisions affects partieO5LM and no 2udgment against the statuteopinion of court may operate as a precedentH i

does not repeal, supersede, re!o1e, or annul thestatute

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 of conditionsma1es its continued operation !iolati!e of the &onstitution

and accordingly, the declaration of its nullity should onlyaffect 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 repugnanto the &onstitution, while another part is !alid, the !alid

portion, if separable from the in!alid, may stand and beenforced

Eception 0 that when parts of a statute are so mutually

dependent and connected, as conditions, considerations

inducements, or compensations for each other, as to warranta belief that the legislature intended them as a whole, thenullity of one part will !itiate the rest 0 such as in the case ofTatad 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 eitherin the Official Kaette or in a newspaper of genera

circulation in the countryCo 4he effecti!ity pro!ision refers to all statutes

including those local and pri!ate, unless there arespecial laws pro!iding a different effecti!itymechanism for particular statutes

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

Effecti!ity of laws

o

default rule 0 *73day periodo must be published either in the OK or newspape

of general circulation in the countryH publicationmust 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

4he Presidents ordinance power includes the authority toissue EO, AO, Proclamations, )O, )& and general o

specific orders

Re.uirement of publication applies ecept if it is merelyinterpretati!e or internal in nature not concerning the public

: types


6/70

o 4hose whose purpose is to enforce or implement

eisting law pursuant to a !alid delegation or to fill

in the details of a statuteH re.uires publicationo 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$ Rulesin force on the date of effecti!ity of this &odewhich are not filed within - months from that date

shall not thereafter be the basis of any sanctionagainst any party= persons

Ghen local ordinance ta1es effect

Fnless otherwise stated, the same shall ta1e effect *6 daysfrom the date a copy is posted in a bulletin board at theentrance of the pro!incial capitol or city, municipality or

barangay hall, A5D in at least : other conspicuous places inthe 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 bedisseminated in English or 4agalogH the secretary to the

%angguinian concerned shall record such fact in a boo1 1eptfor that purpose, stating the dates of appro!al and posting

Kist of ordinance with penal sanctions shall be published in anewspaper of general circulation within the respecti!e

pro!ince concernedH if 5O newspaper of general circulationin the pro!ince, PO%4I5K shall be made in allmunicipalities and cities of the pro!ince where the

%anggunian of origin is situated

/or highly urbanied and independent component cities,main features of the ordinance, in addition to the posting

re.uirement shall be published once in a local newspaper$ Inthe absence of local newspaper, in any newspaper of generalcirculation

o @ighly urbanied city 0 minimum population of

:66,666 and with latest annual income of at least

76) Php

%tatutes continue in force until repealed

Permanent= indefinite 0 law once established continues untilchanged 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 theyterminate upon epiration of the term stated or uponoccurrence 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 from notice, itmeans 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 still bedone the following day

Principle of Beclude the first, include the lastC DOE% 5O4

APPLM to the computation of the period of prescription of acrime, 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, as the offense has by then alreadyprescribed

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

NATURE AND PURPOSE

&onstruction defined

&onstruction is the art or process of disco!ering andepounding the meaning and intention of the authors of thelaw, where that intention rendered doubtfully reason o

ambiguity in its language or of the fact that the gi!en case isnot eplicitly pro!ided for in the law$

&onstruction is drawing of warranted conclusions beyond

direct epression of the tet epressions which are in spirithough not within the tet$

ine!itably, there enters into the construction of statutes

the play of #FDI&IAL #FDK)E54 within the limits of therele!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 usedinterchangeablyH synonymous$

&onstruction Interpretation3 process of drawing warrantedconclusions not alwaysincluded in direct epressions,or determining the application

of words to facts in litigation

3 art of finding the truemeaning and sense of any formof words

Rules of construction, generally

Rules of statutory construction are tools used to ascertainlegislati!e intent$

5O4 rules of law but mere aioms of eperience

In enacting a statute, the legislature is presumed to 1now therules of statutory construction, in case of doubt, be construed

in accordance with the settled principles of interpretation$

Legislature sometimes adopts rules of statutory constructionas part of the pro!isions of the statute 3 see eamples page

9+376

Legislature also defines to ascertain the meaning of !aguebroad words= terms

Purpose of ob2ect of construction

4he purpose is to ascertain and gi!e effect to the intent of thelaw$

4he ob2ect of all 2udicial interpretation of a statute is todetermine legislati!e intent, either epressly or impliedly, bythe language usedH to determine the meaning and will of thelaw ma1ing body and disco!er its true interpretations of law$

Legislati!e intent, generally

is the essence of the law

Intent is the spirit which gi!es life to legislati!e enactment$ Imust be enforced when ascertained, although it may not beconsistent with the strict letter of the statute$ It has been held

howe!er, that that the ascertainment of legislati!e intendepend more on a determination of the purpose and ob2ect othe law$

Intent is sometimes e.uated with the word Bspirit$C

Ghile the terms purpose, meaning, intent, and spirit areoftentimes interchangeably used by the courts, not entirely

synonymous

Legislati!e purpose


7/70

A legislati!e purpose is the reason why a particular statutewas enacted by legislature$

Legislation Bis an acti!e instrument and go!ernment which,for the purpose of interpretation means that laws ha!e endsto be achie!edC

Legislati!e meaning

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

Ghat it comprehendsH

Ghat it co!ers or embracesH

Ghat its limits or confines are$ Intent and )eaning 0 synonymous

If there is ambiguity in the language used in a statute, its

purpose may indicate the meaning of the language and leadto what the legislati!e intent is

Kraphical illustration 0

Federation of Free Farmers v CA.

RA 5o$ ;6+ %ec$ * 0 BIn absence of a written milling

agreements between the ma2ority of the planters and themillers, the unrefined sugar as well as all by3products shall

be di!ided between themC

RA ;6+ %ec$ + 0 B4he proceeds of any increase inparticipation granted by the planters under this act and abo!e

their present share shall be di!ided between the planter andhis laborer in the proportion of 86N laborer and 96N

planterC

4o gi!e literal import in interpreting the two section willdefeat 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!eirrespecti!e of whether there eists a milling agreement

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 isalso 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 that meaning$ 4helegal act is made up of : elements

o internal 0 intention

o eternal3 epression

/ailure of the latter may defeat the former

Ghere legislati!e intent is ascertained

4he primary source of legislati!e intent is the statute itself$ If the statute as a whole fails to indicate the legislati!e intent

because of ambiguity, the court may loo1 beyond the statutesuch as

o Legislati!e history 0 what was in the legislati!e

mind at the time the statute was enactedH what thecircumstances wereH what e!il was meant to be

redressedo Purpose of the statute 0 the reason or cause which

induced the enactment of the law, the mischief to

be suppressed, and the policy which dictated itspassage

o when all these means fail, loo1 into the effect of

the law$

If the -rdmeans (effect of the law" is firsused, it will be 2udicial legislation

POWER TO CONSTRUE

&onstruction is a 2udicial function

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

It construes laws as it decide cases based on fact and the lawin!ol!ed

Laws are interpreted in the contet of a peculiar factuasituation of each case

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

attendant circumstances and actions before, during and aftethe operati!e fact ha!e ta1en their totality so that 2ustice can

be rationally and fairly dispensed$

)oot and academic 0o Purpose has become stale

o 5o practical relief can be granted

o Relief has no practical effect

Keneral rule (on mootness" 0 dismiss the caseo 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 differeninterpretation

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 wil

cause confusionit will be !iolati!e of the fundamentaprinciples 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 &ourtdecision

Perfecto v. Meer

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

recei!e such compensation as may be fied by law, whichshall not be diminished during their continuance in officeC 0

eempt from income ta

Legislati!e passed RA 7+6 %ec$ *- 0 Bno salary whene!erecei!ed by any public officer of the Republic shall be

considered eempt from the income ta, payment of which ishereby declared not to be a diminution of his compensationfied 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, including constitutional officersshall be eempt from payment of income taC

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

Ghen 2udicial interpretation may be set aside


8/70

BInterpretations may be set aside$C 4he interpretation of astatute 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 changeor o!errule its pre!ious construction$

4he rule that the %upreme &ourt has the final word in theinterpretation or construction of a stature merely means thatthe legislature cannot, by law or resolution, modify or annul

the 2udicial construction without modifying or repealing the!ery statute which has been the sub2ect of construction$ Itcan, 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 asideaccordingly$

Ghen court may construe statute

B4he court may construe or interpret a statute under the

condition that 4@ERE I% DOF'4 OR A)'IKFI4MC

Ambiguity 0 a condition of admitting : or more meanings$%usceptible of more than one interpretation$

Only when the law is ambiguous or doubtful of meaningmay the court interpret or construe its intent$

&ourt may not construe where statute is clear

A statute that is clear and unambiguous is not susceptible of

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

&onstruction 0 !ery last function which the court should

eercise

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

&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 reflectedin 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, orlimitation on, the authority of the 4anodbayan to in!estigatecomplaints for !iolation of the anti3graft law committed by

the EPA officials

EPAs power 0 not eclusi!eH BsoleC refers to policeauthority 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 isimmediately eecutory

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

Ombudsman Act

4hese three laws are related or deal with public officers, butare totally different statutes

An administrati!e agency tas1ed to implement a statute maynot construe it by epanding its meaning where its pro!isionsare clear and unambiguous

Land ank v. CA

DAR interpreted BdepositsC to include trust accountsC

%& held that BdepositsC is limited only to cash and L'Pbonds

Libanan v. !"ET

Issue whether ballots not signed at the bac1 by the chairmanof 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 thelaws or the &onstitution shall form part of the legal system o

the PhilippinesC

Legis interpretato #egis vim obtinet 0 authoritati!

interpretation of the %& of a statute ac.uires the force of lawby becoming a part thereof as of the date of its enactment since the courts interpretation merely establishes thcontemporaneous legislati!e intent that the statute thu

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 ofacts, it will adhere to that principle and apply it to all future

casese where the facts are substantially the sameo /or stability and certainty

%upreme &ourt becomes, to the etent applicable, the criteriathat must control the actuations not only of those called uponto abide thereby but also of those duty3bound to enforceobedience thereto$

%& rulings are binding on inferior courts

#udicial rulings ha!e no retroacti!e effect

Le prospicit not respicit 3 the law loo1s forward, no

bac1ward

Rationale Retroacti!e application of a law usually di!esrights that ha!e already become !ested or impairs he

obligations of contract and hence is unconstitutional$

Peo !$ #abinal

Peo ! )acarandang 0 peace officer eempted from issuanceof license of firearms 0 included a secret agent hired by ago!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 inplace

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

doctrine and retroacti!ity doctrineCo. v. CA

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

ue doctrine, which con!icted ue under 'P ::, was nogi!en retroacti!e application

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

Fsed 2us soli (place of birth"

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

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

not di!est the citienship of those who, by !irtue of theprinciple before its re2ection, became of were declaredcitiens of the Philippines

en'onan v. CA

Issue when to count the 73year period to repurchase landgranted &A *9*

)onge ! Angeles (*+7" and 4upas ! Damaso (*+;9" 0 fromthe date of con!eyance or foreclosure sale

'elisario !$ IA& (*+;;" 0 from the period after the epirationof the *3year period of repurchase

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

was enunciated in )onge and 4upas because the transactionin!ol!ed too1 place prior to 'elisario and not that which wa


9/70

laid down in the latter case which should be appliedprospecti!ely

&ourt may issue guidelines in construing statute

In construing a statute, the enforcement of which may treadon sensiti!e areas of constitutional rights, the court may

issue guidelines in applying the statute, not to enlarge orrestrict it but to clearly delineate what the law 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 anerring 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 legislaturewould ha!e supplied if its intention had been called to theomission$

4hey should not by construction, re!ise e!en the mostarbitrary or unfair action of the legislature, nor rewrite thelaw to conform to what they thin1 should be the law$

5either should the courts construe statutes which are

perfectly !ague for it !iolates due processo /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 constructiono Kood faith

o

commonsense an utterly !ague act on its face cannot be clarified by either a

sa!ing clause or by construction

&ourts not to be influenced by .uestions of wisdom

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

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

epediency of legislation, for its not within their pro!ince tosuper!ise legislation and 1eep it within the bounds of

common sense$

4he court merely interpret regardless of whether or not theywise or salutary$

CHAPTER THREE: A!"s to Construt!on

IN GENERAL

Kenerally

Ghere the meaning of a statue is ambiguous, the court iswarranted in a!ailing itself of all illegitimate aids toconstruction in order that it can ascertain the true intent of

the statute$

4he aids to construction are those found in the printed page

of the statute itselfH 1now as the intrinsic aids, and thoseetraneous 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 itsconstruction and to ascertaining legislati!e will$

If the meaning of the statute is obscure, courts may resort tothe title to clear the obscurity$

4he title may indicate the legislati!e intent to etend orestrict the scope of law, and a statute couched in a languageof doubtful import will be constructed to conform to thelegislati!e intent as disclosed in its title$

Resorted as an aid where there is doubt as to the meaning ofthe 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 carrie

more weight in this 2urisdiction because of the constitutionare.uirement that Be!ery bill shall embrace only one sub2ect

who shall be epressed in the title thereof$

4he constitutional in2unction ma1es the title an indispensablepart of a statute$

ag%io v. Marcos

4he .uestion raised is when to count the 96 yr period to file apetition for reopening of cadastral proceedings (to settle andad2udicate the titles to the !arious lots embraced in th

sur!ey" as authoried by RA +-* co!ering the lands thaha!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 propecourt under certain conditions of certain claims of title to

parcels of land that ha!e been declared public land, by !irtueof the appro!al of this act$C

4here was an apparent inconsistency between the title andbody of the law$

It ruled that the starting date to count the period is the datethe final decision was rendered$

It recites that it authories court proceedings of claims to

parcels of land declared public by !irtue of 2udicial decisionrendered within forty years net preceding the appro!al othis act$

4hat title written in capital letters by &ongress itselfH such1ind 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 othe law stand in e.ual importance to the phrase in %ections *thereof by !irtue of 2udicial proceedings instituted$

4he court ruled that eamining Act no$ :;9 in detail wasintended 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 sub2ecshall be epressed in the title of the bill, the words and fo

other purposes when found in the title ha!e been held to be

without force or effect whatsoe!er and ha!e been altogetherdiscarded in construing the Act$

Ebar#e v. S%ca#dito

4he issue is raised whether Eecuti!e order no$ :89 entitledB Outlining the procedure by which complaints charging

go!ernment officials and employees with commission oirregularities should be guidedC applies to criminal actionsto the end that no preliminary in!estigation thereof can beunderta1en or information file in court unless there i

pre!ious compliance with the eecuti!e order$

EO only applies to administrati!e and not to criminacomplaints$

4he !ery title spea1s of commission of irregularities$


10/70

Ghen resort to title not authoried

4he tet of the statute is clear and free from doubt, it isimproper 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 its title,which states the purpose, reason for the enactment of thelaw$

Fsually epress in whereas clauses$

Kenerally omitted in statutes passed by

Phil$ &ommission

Phil$ Legislature

5ational Assembly

&ongress of the Phil

'atasang Pambansa

4hese legislati!e bodies used the eplanatory note to eplainthe 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, thepreamble can neither epand nor restrict its operation, much

less pre!ail o!er its tet$ 5or can be used as basis for gi!inga statute a meaning$

Ghen the statute is ambiguous, the preamble can be resorted

to clarify the ambiguity$

Preamble is the 1ey of the statute, to open the minds of thelawma1ers as to the purpose is achie!ed, the mischief to be

remedied, and the ob2ect to be accomplished, by thepro!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 applyretroacti!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 toolor implement for li!elihood, with imprisonment ranging

from fi!e to ten years$

uestion rose whether the carrying of such weapon shouldbe in relation to sub!ersion, rebellion, insurrection, lawless

!iolence, criminality, chaos or public disorder as a necessaryelement of the crime$

4he mere carrying of such weapon outside ones residence is

sufficient to constitute a !iolation of the law

Pursuant to the preamble which spelled out the e!ents thatled to the enactment of the decree the clear intent and spirit

of the decree is to re.uire the moti!ation mentioned in thepreamble 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 be2ustified by associating the carrying out of such bladed ofblunt weapon with any of the purposes stated in its preamble$

Peo v. Ec*ave'

Issue whether a person who s.uatted on a pastoral landcould be held criminally liable for the !iolation of PD :

Bany person who, with the use of force, intimidation orthreat, or ta1ing ad!antage of the absence or tolerance of the

land owner, succeeds in occupying or possessing theproperty of the latter against his will for residentialcommercial or any other purposes$

4he decree was promulgated to sol!e the s.uatting problemwhich according to its preamble is still a ma2or problem inurban communities all o!er the country and because many

persons and entities found to ha!e been unlawfullyoccupying public and pri!ate lands belong to the affluenclass$

4he court said that crime may only be committed in urbancommunities and not in agricultural and pastural land

because the preamble of the decree shows that it waintended 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 awhole and in relation to one another considering the whole

contet of the statute and not from an isolated part of thepro!ision$

4he meaning dictated by the contet pre!ails$

E!ery section, pro!ision, or clause of the statute must beepounded by reference to each other in order to arri!e at theeffect 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 a relation to the samematter 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 alittle more pronounce$ 'oth are not used to introduce a new

idea$

Punctuation mar1s are aids of low degree and can ne!ercontrol against the intelligible meaning of written words$

An ambiguity of a statute which may be partially or whollysol!ed by a punctuation mar1 may be considered in theconstruction 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 fromthe 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 thPhilippines or any association or corporation organied

under the laws of the PhilippinesC

pursuant to which bac1pay certificate3holders cancompel go!ernment3owned ban1s to accept said certificates

for payment of their obligations subsisting at the time of the

amendatory act was appro!ed+era v. ,arcia

Bif the charge against such subordinate or employee in!ol!edishonesty, oppression, or gra!e misconduct or neglect in the

performance of his dutyC

BdishonestyC and BoppressionC 0 need not be committed inthe course of the performance of duty by the person charges

Peo. v. S%bido

%ubsidiary imprisonment in case of insol!ency .ualifies both

non3payment of indemnity and non3payment of fine

&apitaliation of letters

An aid of low degree in the construction of statute$


11/70

@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 therefrom 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 isneither necessity nor propriety to resort to the headings or

epigraphs of a section for interpretation of the tet, especiallywhen they are mere reference aids indicating the general

nature of the tet that follows$

Lingual tet

Rule is that, unless pro!ided, where a statute is promulgatedin English and %panish, English shall go!ern but in case ofambiguity, %panish may be consulted to eplain the Englishtet$

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

BIn the interpretation of a law or administrati!e issuancepromulgated in all the official languages, the English tetshall 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 andthen construe the statute to accomplish the supposedintentionH otherwise they would pass beyond the bounds of

2udicial power to usurp legislati!e power$

Policy of law

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

One way to accomplish this mandate is to gi!e a statute ofdoubtful 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 yearsfrom 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 Binaddition to other benefits which they are entitled under

eisting lawsC &A55O4 be construed as to authorie thegrant 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 beconsidered in this construction$

o Purpose or ob2ect of the law

o )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 purposepro2ected 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 o

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 causein2ustice and hardship, result in absurdity, defeat legislati!e

intent or spirit, preclude accomplishment of legislati!e

purpose or ob2ect, render certain words or phrases asurplusage, nullify the statute or ma1e any of its pro!isionsnugatory$

Presumptions

'ased on logic, eperience, and common sense, and in theabsence of compelling reasons to the contrary, doubts as tothe proper and correct construction of a statute will be

resol!ed in fa!or of that construction which is in accord withthe 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 wholeo Against inconsistency and implied repeal

unnecessary changes in law

impossibility

absurdity

in2ustice and hardship

incon!enience

ineffecti!eness$

LEGISLATIVE HISTORY

Kenerally

A statute is susceptible of se!eral interpretations or wherethere is ambiguity in the language, there is no better mean

of ascertaining the will and intention of the legislature thanthat which is afforded by the history of the statute$

Ghat constitutes legislati!e history

@istory of a statute refers to all its antecedents from itinception until its enactment into law$

Its history proper co!ers the period and the steps done fromthe time the bill is introduced until it is finally passed by thelegislature$

Ghat it includeso Presidents message if the bill is enacted in

response thereto,

o 4he eplanatory note accompanying the bill


12/70

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 and2udicial 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 itsregular session or appear before it at any other time$

Fsually contains proposed legal measures$

Indicates his thin1ing on the proposed legislation, whenenacted 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 issusceptible of more than one interpretation, courts may resort

to the eplanatory note to clarify the ambiguity and ascertainthe purpose or intent of the statute$

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 theeplanatory note to the bill which has e!entually enacted intoa 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 beconstrued 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 thestatute$

Legislati!e debates, !iews and deliberations

&ourts may a!ail to themsel!es the actual proceedings of thelegislati!e body to assist in determining the construction of astatute 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 thelegislati!e deliberation or discussion on the bill may be

adopted$

>iews epressed are as to the bills purpose, meaning oreffect are not controlling in the interpretation of the law$

It is impossible to determine with authority what

construction was put upon an act by the members of thelegislati!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 the legislatorwas not a member of the assembly that enacted the said laws$

Ghen a statute is clear and free from ambiguity, courts willnot in.uire into the moti!es which influence the legislatureor indi!idual members, in !oting for its passageH no indeedas 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 alllaws 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 toin!estigate the antecedents of the statute in!ol!ed$

4his is applicable in the interpretation of codes, re!ised orcompiled statutes, for the prior law which ha!e beencodified, compiled or re!ised will show the legislati!e

history that will clarify the intent of the law or shed light onthe 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 theomission of B2ustice of peaceC re!ealed the intention of thelegislature to eclude such from its operation

@eld contention denied$ In holding that the word B2udgeC

includes B2ustice of peaceC, the &ourt said that Ba re!iew ofthe 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 thedecision was rendered or from the date 2udicial proceedingsinstituted in cadastral cases

@eld court resol!ed the issue by referring to 9 older lawswhich ha!e in common that counting of the period startsfrom the date of the institution of the 2udicial proceeding and

not from the date the 2udgment is rendered

Sa#aysay v. Castro

BActually holdingC < Blastly electedC

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

&hange in phraseology by amendments

Intents to change the meaning of the pro!ision$

A statute has undergone se!eral amendments, each

amendment using different phraseology, the deliberateselection of language differing from that of the earlier act onthe sub2ect indicates that a change in meaning of the law was

intended and courts should so construe that statute as toreflect such change in meaning$

Commissioner of C%stoms v. CTA

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

Amendment by deletion

Deletion of certain words or phrases in a statute indicatesthat the legislature intended to change the meaning of thestatute, for the presumption is that the legislation would not

ha!e made the deletion had the intention been not effect achange 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 beenpre!enti!ely suspended pending in!estigation of the

administrati!e charges against him, is entitled to his salaryand other benefits during such pre!enti!e suspension

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

with regard to payment of salaries during suspension wasdeleted in the new law

%enaseda v. F#avier

Ombusman and his deputy can only pre!enti!ely suspendrespondents in administrati!e cases who are employed in his


13/70

office, and not those who are employees in other departmentor offices of the go!ernment

Eceptions to the rule (of amendment by deletion"

An amendment of the statue indicates a change in meaningfrom that which the statute originally had applies only when

the intention is clear to change the pre!ious meaning of theold law$

Rules dont apply when the intent is clear that the

amendment is precisely to plainly epress the construction ofthe act prior to its amendment because its language is not

sufficiently epressi!e of such construction$

/re.uently, words do not materially affect the sense will beomitted from the statute as incorporated in the code or

re!ised statute, or that some general idea will be epressed inbrief phrases$

Adopted statutes

/oreign statutes are adopted in this country or from locallaws are patterned form parts of the legislati!e history of thelatter$

Local statutes are patterned after or copied from those ofanother country, the decision of the courts in such countryconstruing those laws are entitled to great weight in the

interpretation of such local statutes$

Limitations of rule

A statute which has been adopted from that of a foreigncountry should be construed in accordance with theconstruction gi!en it in the country of origin is not withoutlimitations$

Principles of common law

Qnown as Anglo3American 2urisprudence which is no in

force in this country, sa!e only insofar as it is founded onsound principles applicable to local conditions and is not in

conflict with eisting law, ne!ertheless, many of theprinciples of the common law ha!e been imported into this2urisdiction as a result of the enactment of laws andestablishment of institutions similar to those of the F%$

&onditions at time of enactment

In enacting a statute, the legislature is presumed to ha!eta1en into account the eisting conditions of things at the

time of its enactment$

In the interpretations of a statute, consider the physicalconditions of the country and the circumstances then obtain

understanding as to the intent of the legislature or as to themeaning of the statute$

@istory of the times

A court may loo1 to the history of the times, eamining thestate of things eisting when the statute was enacted$

A statute should not be construed in a spirit as if it were aprotoplasm floating around in space$

In determining the meaning, intent, and purpose of a law orconstitutional pro!ision, the history of the times of which Igrew and to which it may be rationally supposed to bear

some direct relationship, the e!ils intended to be remediedand the good to be accomplished are proper sub2ects ofin.uiry$

Law being a manifestation of social culture and progressmust be interpreted ta1ing into consideration the stage ofsuch culture and progress including all the concomitantcircumstances$

Law is not a watertight compartment sealed or shut off fromthe contact with the drama of life which unfolds before ou

eyes$

CONTEMPORARY CONSTRUCTION

Kenerally

Are the constructions placed upon statutes at the time of, orafter their enactment by the eecuti!e, legislati!e or 2udicia

authorities, as well as by those who in!ol!e in the process oflegislation 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 oadministrati!e officer$

4hree types of interpretationo &onstruction by an eecuti!e or administrati!

officer directly called to implement the law$o &onstruction by the secretary of 2ustice in hi

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

o @anded down in an ad!ersary proceeding in the

form of a ruling by an eecuti!e officer eercising

.uasi32udicial power$

Geight accorded to contemporaneous construction

Ghere there is doubt as to the proper interpretation of astatute, the uniform construction placed upon it by theeecuti!e or administrati!e officer charged with itenforcement will be adopted if necessary to resol!e the

doubt$

4rue epression of the legislati!e purpose, especially if theconstruction is followed for a considerable period of time$

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

Reasons for why interpretation of an administrati!e agency

is generally accorded great respecto

Emergence of multifarious needs of a moderniingsocietyo Also relates to eperience and growth o

specialied capabilities by the administrati!eagency

o 4hey ha!e the competence, epertness, eperience

and informed 2udgment, and the fact that theyfre.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 collect duties Ba

a charge for wharfageC re.uired by a statute upon all articleeported through pri!ately3owned whar!es

@eld the court reasoned in the affirmati!e by saying Bthelanguage of the Act could ha!e been made more specific and

certain, but in !iew of its history, its long continuouconstruction, and what has been done and accomplished byand under it, we are clearly of the opinion that thego!ernment is entitled to ha!e and recei!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 oconduct indicating a particular underta1ing of it, especiallywhere the usage has been ac.uiesced in by all the partiesconcerned and has etended o!er a long period of time$


14/70

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 thatthe interpretation by those charged with their enforcement is

entitled to great weight by the court in the lattersconstruction of such rules and regulations$

Reasons why contemporaneous construction is gi!en much weight

It is entitled to great weight because it comes from theparticular branch of go!ernment called upon to implementthe law thus construed$

Are presumed to ha!e familiaried themsel!es with all the

considerations pertinent to the meaning and purpose of thelaw, and to ha!e formed an independent, conscientious and

competent epert 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$

Erroneous contemporaneous construction does not preclude correctionnor create rightsH eceptions

4he doctrine of estoppel does not preclude correction of theerroneous construction by the officer himself by hissuccessor 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, aneecuti!e or 2udicial construction of a statute$

4he legislature cannot limit or restrict the power granted tothe courts by the constitution$

Legislati!e appro!al

Legislati!e is presumed to ha!e full 1nowledge of acontemporaneous or practical construction of a statute by anadministrati!e or eecuti!e officer charged with itsenforcement$

4he legislature may appro!e or ratify such contemporaneousconstruction$

)ay also be showmen by the legislature appropriatingmoney for the officer designated to perform a tas1 pursuantto interpretation of a statute$

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

Reenactment

)ost common act of appro!al$

4he re3enactment of a statute, pre!iously gi!en acontemporaneous construction is persuasi!e indication of theadoption by the legislature of the prior construction$

Re3enactment if accorded greater weight and respect than thecontemporaneous construction of the statute before itsratification$

%tare decisis

#udicial interpretation of a statute and is of greater weightthan 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 ofstatutes of doubtful meaning$

%tare decisis et non .uieta mo!ere 0 one should follow pasprecedents and should not disturb what has been settled$

%upreme &ourt has the constitutional duty not only ointerpreting and applying the law in accordance with priodoctrines but also of protecting society from theimpro!idence and wantonness wrought by needles

uphea!als in such interpretations and applications

In order that it will come within the doctrine ofstare decisis

must be categorically stated on an issue epressly raised bythe partiesH it must be a direct ruling, not merely an obiterdictum

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 andthe case to which it is applied are substantially the same$

Ghere the facts are dissimilar, then the principle of staredecisis does not apply$

4he rule of stare decisis is not absolute$ It does not applywhen there is a conflict between the precedent and the law$

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

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

Inferior courts as well as the legislature cannot abandon aprecedent 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 appliedwithout attempted interpretation

o >erba legis

o Inde animi sermo 0 speech is the inde o

intentiono Gords employed by the legislature in a statute

correctly epress its intent or will

o >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 itsscope

#udicial legislation 0 an encroachment upon legislati!eprerogati!e to define the wisdom of the law

o &ourts must administer the law as they find i

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 reasontherein by ser!ing notice thereof and paying separation payto affected employees

4here was compulsory ac.uisition by the go!ernment of theemployers land (Patalon &oconut Estate" for purposes oagrarian reform which forced the employer to cease hioperation

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 employe

if he wants to gi!e separation pay


15/70

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

o Ano yun, ipapasara ng go!ernment tapos

magbabayad pa ang employer ng separation payS

Ang daya3dayaS Lugi na nga si employer, 1i1ita pasi employeeS FnfairS &annot beS 5oS 5oS

o 4o depart from the meaning epressed by the

words is to alter the statute, to legislate and notinterpret

o )aledicta est eposition .uae corrumpit tetum 0

dangerous construction which is against 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 thelanguage of the law is clear, no eplanation of it is re.uired

Ghen the law is clear, it is not susceptible of interpretation$It must be applied regardless of who may be affected, e!en ifit may be harsh or onerous

@oc .uidem per.uam durum est, sed ital e scripta est 0 it iseceedingly hard but so the law is written

A decent regard to the legislati!e will shoud inhibit the courtfrom engaging in 2udicial legislation to change what it thin1s

are unrealistic statutes that do not conform with ordinaryeperience or practice (respeto nalang 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 as2ustification to construe it differently are una!ailing 0Philippines is go!erned by &I>IL LAG or PO%I4I>ELAG, not common law

E.uity is a!ailable only in the absence of law and not itsreplacement 0 (so, pag may law, walang e.uity e.uityS Pero

pag walang law, pwedeng mag3e.uity, getsS$$$ important

toS" Ae.uitas nun.uam contra!enit legis 0 e.uity ne!er acts in

contra!ention of the law

DEPARTURE FROM LITERAL INTERPRETATION

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

If no 2udicial certainty can be had as to its meaning, the court

is not at liberty to supply nor to ma1e one

Santiago v. COMELEC

In this case, the &ourt adopted a literal meaning thus,concluded that RA 8-7 is inade.uate to implement the

power of the people to amend the &onstitution (initiati!e onamendments" for the following reasons

o Does not suggest an initiati!e on amendments on

to the &onstitution because it is silent as toamendments on the &onstitution and the word

B&onstitutionC is neither germane nor rele!ant tosaid section

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

initiati!e on the &onstitutiono Does not pro!ide for subtitles for initiati!e on the

&onstitution

o RA is incomplete and does not pro!ide a sufficient

standard

#ustice Puno (anoS #ustice 4reeS" dissents

o Legislati!e intent is also shown by th

deliberations on the bill that became RA 8-7

(there are 9 more reasons 0 see page *-63*-*which are not so important"

Interpretation of RA 8-7 was not in 1eeping with th

maim interpretation fienda est ut res magis !aleat .uampereat 0 that interpretation as will gi!e the thing efficacy is

to be adopted

Ghat is within the spirit is within the law

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

4he spirit of the law controls its letter

Ratio legis 0 interpretation according to the spirit or reasonof the law

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

A law should accordingly be so construed as to be inaccordance with, and not repugnant to, the spirit of the law

Presumption undesirable conse.uences were ne!er intended

by a legislati!e measure

Literal import must yield to intent

>erba intentioni, non e contra, debent inser!ire 0 wordought to be more subser!ient to the intent and not the intento the words (ahhh parang intent is to woman as word is to

man 0 so man is subser!ient to woman logicalS" Kuide in ascertaining intent 0 conscience and e.uity

%o it is possible that a statute may be etended to cases no

within the literal meaning of its terms, so long as they comewithin its spirit or intent

Limitation of rule

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

&onstruction to accomplish purpose

PFRPO%E or REA%O5 which induced the enactment of thestatute 0 1ey to open the brain of the legislature= legislati!eintentS

%tatutes should be construed in the light of the ob2ect to be

achie!ed and the e!il or mischief to be suppressed As between two statutory interpretations, that which bette

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

Sarcos v. Casti##o

4his case eplains why legislati!e purpose to determin

legislati!e intent

/ran1furtero Legislati!e words are not inert but deri!ed !itality

from the ob!ious purposes at which they are aimed

o Legislation 0 wor1ing instrument of go!ernmen

and not merely as a collection of English words

'en2amin 5atham &ardooo Legislation is more than a composition

o

It is an acti!e instrument of go!ernment whichmeans that laws ha!e ends to be achie!ed

@olmes

o Gords are fleible

o 4he general purpose is a more important aid to the

meaning than any rule which grammar or formalogic may lay down

o &ourts are apt to err by stic1ing too closely to the

words of law where those words import a policythat goes beyond them

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

A literal interpretation is to be re2ected if it would be un2usor lead to absurd results


16/70

Illustration of rule

0ing v. !ernande'

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

may be employed in a non3control position in a retailestablishment, a wholly nationalied business under RA**;6 Retail 4rade Law (btw, wala na tong law na Tto$ It has

been repealed by the Retail 4rade Liberaliation Act 0 my

thesisS"

@eld 5oS (1asi duduraan 1a lang ng mga intsi1S #o1e onlyS"the law has to be construed with the Anti3Dummy Law 0

prohibiting an alien from inter!ening in the management,operation, administration or control thereof

Ghen the law says you cannot employ such alien, youcannot employ an alienS 4he unscrupulous alien may resort

to flout the law or defeat its purposeS (maggulang daw mgaintsi1 ultimo tubig sa pasig ri!er, which is supposed to be

free, bottles it and then sells itS @uwatS"

It is imperati!e that the law be interpreted in a manner thatwould sta!e off any attempt at circum!ention of thelegislati!e purpose

%stamante v. +L"C

Issue how to compute for bac1wages to which an illegally

dismissed employee would be entitled until his actualreinstatement (ta1e note of this case$$ its a labor case 1ilitini Kolangco"

- ways

o *st0 before Labor &ode 0 to be deducted from the

amount of bac1wages is the earnings elsewhereduring the period of illegal dismissal

o :nd 0 Labor &ode Art$ :+ 0 the amount of

bac1wages is fied without deductions or.ualifications but limited to not more than - years

o -rd0 amended Art$ :+ 0 full bac1wages or without

deductions from the time the laborerscompensation was withheld until his actual

reinstatement 4he clear legislati!e intent of the amendment in RA 8*7

(Labor &ode" is to gi!e

statutory construction agpstatutory construction agpalo.pdfalo

Documents