STATUTORY STATUTORY CONSTRUCTIONCONSTRUCTION

FUNDAMENTAL CONCEPTSFUNDAMENTAL CONCEPTS

GENERAL PRINCIPLESGENERAL PRINCIPLESWHAT IS STATUTORY CONSTRUCTIONWHAT IS STATUTORY CONSTRUCTION?? - it is the art of seeking the intention of the - it is the art of seeking the intention of the

legislature in enacting a statute and of applying it to legislature in enacting a statute and of applying it to a given state of factsa given state of facts

Construction distinguished from InterpretationConstruction distinguished from Interpretation CONSTRUCTION: the drawing of conclusions CONSTRUCTION: the drawing of conclusions

respecting subjects that lie beyond the direct expression respecting subjects that lie beyond the direct expression of the text; has to go outside of the language of the of the text; has to go outside of the language of the statute and seek the help of extrinsic aidstatute and seek the help of extrinsic aid

INTERPRETATION: the act of finding the true sense and INTERPRETATION: the act of finding the true sense and

meaning of words; one who interprets does not get meaning of words; one who interprets does not get outside the context of the statuteoutside the context of the statute

WHAT DO YOU MEAN BYWHAT DO YOU MEAN BY LEGAL HERMANEUTICSLEGAL HERMANEUTICS ? ? - a branch of science which establishes the principles - a branch of science which establishes the principles

and rules of interpretation and construction of written and rules of interpretation and construction of written laws; the application and of the said principles and rules laws; the application and of the said principles and rules is termed as is termed as EXEGESIS.EXEGESIS.

WHY IS IT IMPORTANT TO STUDY STATUTORY WHY IS IT IMPORTANT TO STUDY STATUTORY CONSTRUCTIONCONSTRUCTION??

Helps prepare the law student for the task of Helps prepare the law student for the task of studying, interpreting and constructing laws in the studying, interpreting and constructing laws in the various subjectsvarious subjects

Enables the practitioner to prepare his pleadings Enables the practitioner to prepare his pleadings and court arguments and to anticipate with and court arguments and to anticipate with reasonable accuracy what the adversary would use reasonable accuracy what the adversary would use as defense, objection or counter argument in cases as defense, objection or counter argument in cases involving interpretation of contract and/or involving interpretation of contract and/or construction of statuteconstruction of statute

Necessary for the promulgation of future statutes Necessary for the promulgation of future statutes such that , it may diminish ambiguities in the such that , it may diminish ambiguities in the wordings of the statute and promotes careful study wordings of the statute and promotes careful study of statutes that are in of statutes that are in pari materiapari materia

Essential for a counsel to make sure that the Essential for a counsel to make sure that the documents that he has prepared reflect the true documents that he has prepared reflect the true intention of the parties in clear and unequivocal intention of the parties in clear and unequivocal languagelanguage

FUNDAMENTAL RULES “ A statute is the will of the legislature and the fundamental

rule of interpretation to which all others are subordinate is that a statute is to be expounded according to the intent of them that made it.”

DOEA STATUTORY CONSTRUCTION INVOLVE QUESTIONS OF FACT OR OF LAW?

CONSTRUCTION as applied to a document includes two(2) things: a. first, the meaning of the words and b. their legal effect or the

effect which is to be given to them; the former is a question of fact while the latter is a question of law

STATUTORY CONSTRUCTION: WHOSE JOB IS IT? “ TO DECLARE WHAT THE LAW SHALL BE IS A

LEGISLATIVE POWER, BUT TO DECLARE WHAT THE LAW IS OR HAS BEEN, IS JUDICIAL.”

Fleete vs. Nickerson 54 L.R.A p 554

HOW IS STATUTORY CONSTRUCTION BE AFFECTED BY THE OVERLAP OF

GOVERNMENT FUNCTIONS?

• In principle, the three branches of the government , namely, the Executive branch, Legislative and the Judicial branch, are co-equal branches of government with separate and distinct functions; in reality, however , these functions do not fit into separate airtight compartments, but often overlap

DIAGRAM I. SPHERES THAT OVERLAP

Legislative

ExecutiveJudicial

1 3

2

Area 1 is the overlap between the executive and the legislative functions. This area is the Rule-making Power of the executive

DIAGRAM 2

LegislativeExecutive 1

If the exercise of this rule-making power exceeds the legislative grant , judiciary will strike it out as ultra-vires

DIAGRAM 3

Judicial

Executive 2A

2 B

Area 2A is the power granted to the Administrative agency to perform Quasi-Judicial functions; Area 2B is referred to as the Executive Construction (executive interpretation)

DIAGRAM 4

Legislative

Judicial

The third area of the overlap is the primary concern of the study of Statutory Construction (overlap between the judicial and legislative)

Within the area between judicial and executive (3) , Art 9 of the Civil Code referred to it as “those which judges may legislate” Art. 9 provides that “No judges or Court shall decline to render judgment by reason of silence, obscurity or insufficiency of law.”

Beyond Area 3, this will be amounting to Judicial Legislation and which may be referred to as judicial tyranny.

3

BASIC RULES ON STATUTORY CONSTRUCTION

• The legislature cannot declare that the statute it has passed shall be so construed as not to violate a constitutional inhibition. Endencia vs. David 93 Phil 696

• Courts should respect the contemporaneous construction of a statute by the executive officers who enforce it. Orencia vs. Enrile, 55 SCRA 50

• The intention of the legislature must be ascertained and given weight. People vs. Concepcion, 44 Phil. 126

• Courts should not incorporate matters not provided in the law by judicial ruling. Sy Kiong vs. Sarmiento, 90 Phil. 434

SCOPE OF THE APPLICATION OF THE RULES ON CONSTRUCTION

Construction is resorted to only where the language is ambiguous.

Ambiguity is defined as doubtfulness, doubleness in meaning or indistinctness, or uncertainty of meaning of the expression used in a written instrument.

RULES OF CONSTRUCTION NOT MANDATORY UPON THE COURTS

• It serves as mere suggestions• It has been declared that a long and uniform

construction given on a statute amounts to positive law

• In our jurisdiction, the judicial decisions interpreting the laws or Constitution form part of our legal system

SUBJECTS OF CONSTRUCTION1. CONSTITUTION2. STATUTES3. RESOLUTIONS4. ORDINANCESWHAT IS THE CARDINAL RULE OF CONSTRUCTION ? - to ascertain the intention and meaning of the legislature for

the purpose of giving effect thereto . Daza vs. Villaroman, 69 Phil 12

TOPIC OUTLINEGENERAL PRINCIPLESSTATUTORY CONSTRUCTION OR JUDICIAL LEGISLATIONLITERAL CONSTRUCTIONEXECUTIVE CONSTRUCTIONSUBJECTS OF CONSTRUCTIONINTERPRETATION OF SPECIFIC TYPES OF STATUTESPARTICULAR LATIN RULESCONSTRUCTION OF WORDS AND PHRASESSPECIAL OR GENERAL (LAW)EXTERNAL AIDSPRESUMPTIONSREPEALS

CASES TO STUDY : GENERAL PRINCIPLESa. Definition • Caltex (Philippines) Inc. vs. Palomar 18 SCRA 247

b. Nature of the Rules in Statutory Construction- PCFI vs. NTC and PLDT 125 SCRA 854 (1983)

131 SCRA 200 (1984)

c. Rule on Ambiguity• - NFI vs. EISMA 127 SCRA 419• - Dao-Ang Vs. Municipal Judge of San Nicolas

159 SCRA 369

d. On Legislative Interpretation• - Endencia vs. David 93 Phil. 696

e. On Executive Construction

• -Ramos vs. CIR• GR. No. L-22753, December 18, 1967• - PAFLU vs. BLR 72 SCRA 396• -PAWU vs, NLRC 106 SCRA 444• -IBAA Employees’ Union vs. Inciong 132 SCRA 663• -Chartered Bank Employees’ Association vs. Ople,

138 SCRA 273• -Orencia vs. Enrile 55 SCRA 580

f. On Judicial Interpretation

• - Sy Kiong vs. Sarmiento, 90 Phil. 434• - Floresca vs. Philex Mining, 135 SCRA 142

g. Legislative Intent

• - Aisporna vs. CA and People, 113 SCRA 459• -China Bank vs. Ortega 49 SCRA 355• - Prasnik vs. Republic 98 Phil. 665• -People vs. Concepcion 44 Phil 126• -De Jesus vs. City of Manila 29 Phil. 73• - Regalado vs. Yulo 61 Phil 173

h. Literal Constructionh. Literal Construction - Abellana vs. Marave 57 SCRA 106- Abellana vs. Marave 57 SCRA 106 - IBAA Employees’ Union vs. Inciong 132 SCRA 663 or- IBAA Employees’ Union vs. Inciong 132 SCRA 663 or Chartered Bank Employee’s Association vs. Ople Chartered Bank Employee’s Association vs. Ople 138 SCRA 273138 SCRA 273

SUBJECTS OF CONSTRUCTIONSUBJECTS OF CONSTRUCTIONa. Constitution/Statutea. Constitution/Statute - Perfecto vs. Meer 85 Phil. 552 or- Perfecto vs. Meer 85 Phil. 552 or - Endencia vs. David 93 Phil. 696- Endencia vs. David 93 Phil. 696 - NITAFAN vs. CIR 152 SCRA 284- NITAFAN vs. CIR 152 SCRA 284 - Aglipay vs. Ruiz 64 Phil. 201 (Preamble)- Aglipay vs. Ruiz 64 Phil. 201 (Preamble) - Ayson vs. Provincial Board 39 Phil. 931 (One subject bill)- Ayson vs. Provincial Board 39 Phil. 931 (One subject bill) - Sumulong vs. COMELEC 73 Phil. 257- Sumulong vs. COMELEC 73 Phil. 257 (Practical rather than Technical (Practical rather than Technical Construction of Subject)Construction of Subject) - People vs. Echavez 95 SCRA 663 (Whereas Clause)- People vs. Echavez 95 SCRA 663 (Whereas Clause)b. Publication Requirementb. Publication Requirement - Tanada vs. Tuvera 136 SCRA 27 (1985)- Tanada vs. Tuvera 136 SCRA 27 (1985) Tanada vs. Tuvera 146 SCRA 446 (1986)Tanada vs. Tuvera 146 SCRA 446 (1986)c. Ordinancec. Ordinance -Primicias vs. Municipality of Urdaneta, Pangasinan -Primicias vs. Municipality of Urdaneta, Pangasinan 93 SCRA 46293 SCRA 462

Interpretation of Specific Types of StatutesInterpretation of Specific Types of Statutesa. Penal Statutesa. Penal Statutes - Us. Vs. Abad Santos 36 Phil. 243 or- Us. Vs. Abad Santos 36 Phil. 243 or People vs Purisima 86 SCRA 542People vs Purisima 86 SCRA 542b. Tax Lawsb. Tax Laws - Serfino vs. Court of Tax Appeals 154 SCRA 19- Serfino vs. Court of Tax Appeals 154 SCRA 19c. Labor Lawsc. Labor Laws Manahan vs. Employment Compensation Manahan vs. Employment Compensation

Commission Commission 104 SCRA 198104 SCRA 198 - Villavert vs. Employees’ Compensation - Villavert vs. Employees’ Compensation

Commission 110 SCRA 233Commission 110 SCRA 233d. Insurance Lawd. Insurance Law Ty vs. First National Surety and Assurance Ty vs. First National Surety and Assurance

Co.,Inc. Co.,Inc. 1 SCRA 13241 SCRA 1324 Panaton vs. Malayan Insurance Co., Inc. Panaton vs. Malayan Insurance Co., Inc. 2 CA Report 7832 CA Report 783

e. Corporate Lawe. Corporate Law Home Insurance Co., vs. Eastern Shipping Home Insurance Co., vs. Eastern Shipping

Lines 123 SCRA 425 (1983)Lines 123 SCRA 425 (1983)

f. Naturalization lawf. Naturalization law - Co vs. republic 108 Phil. 265- Co vs. republic 108 Phil. 265 - Velasco vs. Republic 108 Phil. 234- Velasco vs. Republic 108 Phil. 234 - Lee Cho vs. Republic 106 Phil. 775- Lee Cho vs. Republic 106 Phil. 775

g. Agrarian Reform Lawsg. Agrarian Reform Laws - Guerrero vs. CA 142 SCRA 136 - Guerrero vs. CA 142 SCRA 136

(1986)(1986) h. Rules of Courth. Rules of Court Bello vs. CA 56 SCRA 509Bello vs. CA 56 SCRA 509 Lacsamana vs. IAC 143 SCRA 643 Lacsamana vs. IAC 143 SCRA 643

(1986)(1986) Abellana vs. Marave 57 SCRA 106Abellana vs. Marave 57 SCRA 106

i. Expropriation Law/Right of Eminent Domaini. Expropriation Law/Right of Eminent Domain City of Manila vs. Chinese Community City of Manila vs. Chinese Community

40 Phil 44840 Phil 448

j. Debtor Protection Lawsj. Debtor Protection Laws Javellana vs. Mirasol 40 Phil 761Javellana vs. Mirasol 40 Phil 761

k. Election Lawsk. Election Laws Villanueva vs. COMELEC 140 SCRA 352 Villanueva vs. COMELEC 140 SCRA 352

(1985) (1985)

l. Willsl. Wills Tampoy vs. Alberastine 107 Phil. 100Tampoy vs. Alberastine 107 Phil. 100

PARTICULAR RULES ON CONSTRUCTION (Latin Maxims)PARTICULAR RULES ON CONSTRUCTION (Latin Maxims)

a. VERBA LEGISa. VERBA LEGIS IBAA Employees’ Union vs. InciongIBAA Employees’ Union vs. Inciong 132 SCRA 663132 SCRA 663

b. RATIO LEGIS b. RATIO LEGIS Villanueva vs. COMELEC (dissenting opinion of Justice Villanueva vs. COMELEC (dissenting opinion of Justice

Aquino)Aquino) 140 SCRA 353, 359140 SCRA 353, 359

c. MENS LEGISLATORESc. MENS LEGISLATORES- Prasnik vs. Republic 98 Phil. 665- Prasnik vs. Republic 98 Phil. 665 Matabuena vs. Cervantes 38 SCRA 284Matabuena vs. Cervantes 38 SCRA 284

d. DURA LEX SED LEXd. DURA LEX SED LEX -People vs. Macarandang 106 Phil. 715-People vs. Macarandang 106 Phil. 715 -People vs. Mapa 20 SCRA 1164-People vs. Mapa 20 SCRA 1164 -People vs. Santayana 74 SCRA 25-People vs. Santayana 74 SCRA 25

e.e. EXPRESSIO UNIOS EST EXCLUSIO ALTERIUSEXPRESSIO UNIOS EST EXCLUSIO ALTERIUS

- Republic vs. Estenzo 99 SCRA 651- Republic vs. Estenzo 99 SCRA 651 -Acosta vs. Flor 5 Phil 18-Acosta vs. Flor 5 Phil 18

f.f. EJUSDEM GENERISEJUSDEM GENERIS

Mutuc vs. COMELEC 36 SCRA 228Mutuc vs. COMELEC 36 SCRA 228 Gotiaco vs. Union Insurance Society of Canilon 40 Phil. 40Gotiaco vs. Union Insurance Society of Canilon 40 Phil. 40 People vs. Echavez 95 SCRA 663People vs. Echavez 95 SCRA 663 US vs. Sto . Nino 13 Phil. 141US vs. Sto . Nino 13 Phil. 141 -Roman Catholic Archbishop of Manila vs Social Security -Roman Catholic Archbishop of Manila vs Social Security

System 1 SCRA 10System 1 SCRA 10

g. CASUS OMISSUSg. CASUS OMISSUS

- People vs. Manantan 5 SCRA 684- People vs. Manantan 5 SCRA 684 - Lopez vs. CA 100 Phil. 850- Lopez vs. CA 100 Phil. 850

h. NOSCITUR A SOCIISh. NOSCITUR A SOCIIS

Sanciangco vs. Rono 137 SCRA 671Sanciangco vs. Rono 137 SCRA 671 Caltex (Phil) vs. Palomar 18 SCRA 247Caltex (Phil) vs. Palomar 18 SCRA 247

REFERENCES:REFERENCES:

STATUTORY CONSTRUCTION

BY: BY: RUBEN E. AGPALORUBEN E. AGPALO

JOSE JESUS G. LAURELJOSE JESUS G. LAUREL

RUPERTO MARTINRUPERTO MARTIN

END OF LECTUREEND OF LECTURE