University of San Carlos 2018 Statutory Construction

UNIVERSITY OF SAN CARLOS 2018 STATUTORY CONSTRUCTION
STATUTORY CONSTRUCTION - Intent is the spirit which gives life to legislative enactment. It
Course Professor: Atty. Louie John D. Lood must be enforced when ascertained, although it may not be
Source: Ruben E. Agpalo consistent with the strict letter of the statute. It has been held,
however, that the ascertainment of legislative intent depend
more on a determination of the purpose and object of the law.
I. CONSTRUCTION AND INTERPRETATION
- Intent is sometimes equated with the word “spirit.”
DEFINITION - While the terms purpose, meaning, intent, and spirit are
What is construction? oftentimes interchangeably used by the courts, not entirely
Construction is the art or process of discovering and expounding synonymous.
the meaning and intention of the authors of the law with respect - Where the words or phrases of a statute are not obscure or
to its application to a given case, where that intention is rendered ambiguous, its meaning and the intention of the legislature
doubtful, among others, by reason of the fact that the given case must be determined from the language employed.
is not explicitly provided for in the law.
- A judicial function is required when a statute is invoked and
different interpretations are in contention. LEGISLATIVE PURPOSE
- Construction is drawing of warranted conclusions beyond direct - The reason why a particular statute was enacted by legislature.
expression of the text, expressions which are in spirit though - Legislation “is an active instrument and government which, for
not within the text. the purpose of interpretation means that laws have ends to be
- xxx inevitably, there enters into the construction of statutes achieved.”
the play of JUDICIAL JUDGMENT within the limits of the
relevant legislative materials
LEGISLATIVE MEANING
- it involves the exercise of choice by the Judiciary
- It is what the law, by its language, means: what it
• Justice Martin comprehends, what it covers or embraces, what it limits or
Defines statutory construction as the art of seeking the intention confines are.
of the legislature in enacting a statute and applying it to a given - Intent and Meaning – synonymous
state of facts.
- If there is ambiguity in the language used in a statute, its
purpose may indicate the meaning of the language and lead to
Judicial Legislation v Statutory Construction
what the legislative intent is.
Where legislature attempts to do several things one which is
invalid, it may be discarded if the remainder of the act is workable - In construing a statute, it is not enough to ascertain the
and in no way depends upon the invalid portion, but if that portion intention or meaning of the statute; it is also necessary to see
is an integral part of the act, and its excision changes the whether the intention or meaning has been expressed in such
manifest intent of the act by broadening its scope to include a way as to give it legal effect and validity.
subject matter or territory which was not included therein as
enacted, such excision is “judicial legislation” and not “statutory
construction”. Where is legislative intent ascertained?
• The primary source of legislative intent is the statute itself.
• If the statute as a whole fails to indicate the legislative intent
CONSTRUCTION AND INTERPRETATION, DISTINGUISHED because of ambiguity, the court may look beyond the statute
Construction v Interpretation such as:
They are so alike in practical results and so are used
interchangeably; at best, synonymous. 1. Legislative History – what was in the legislative mind at
the time the statute was enacted; what the circumstances
Construction Interpretation were; what evil was meant to be redressed
process of drawing of art of finding the true
conclusions, respecting meaning and sense of any 2. Purpose of the Statute – the reason or cause which
subjects that lie beyond the form of words induced the enactment of the law, the mischief to be
direct expressions of the text, suppressed, and the policy which dictated its passage
or determining the application is the process of discovering
of words to facts in litigation the true meaning of the 3. … when all these means fail, look into the effect of the law.
language used.
NOTE: If the 3rd means, effect of the law, is first used, it will be
Interpretation is limited to judicial legislation.
exploring the written text
HERMENEUTICS
PURPOSE OF CONSTRUCTION What is hermeneutics?
The purpose is to ascertain and give effect to the intent of law. Term origin is from the Greek god Hermes, who was, among
The object of all judicial interpretation of a statute is to determine other things, the inventor of language and an interpreter between
legislative intent, either expressly or impliedly, by the language the gods and humanity. It is the science or art of construction
used; to determine the meaning and will of the law making body and interpretation.
and discover its true interpretations of law.
Legal hermeneutics – is the systematic body of rules which are
General Rules of Construction recognized as applicable to the construction and interpretation of
 Rules of statutory construction are tools used to ascertain legal writings. It asks not only the question of how best to
legislative intent. interpret a given text, but also the deeper question of what it
 NOT rules of law but mere axioms of experience means to interpret a text at all.
 In enacting a statute, the legislature is presumed to know the
rules of statutory construction, in case of doubt, be construed
in accordance with the settled principles of interpretation. CLASSIFICATION OF THE DIFFERENT KINDS OF
 Legislature sometimes adopts rules of statutory construction as INTEPRETATION
part of the provisions of the statute. Dr. Francis Lieber in his work on Hermeneutics gives the
 Legislature also defines to ascertain the meaning of vague, following:
broad words/ terms.
1. Close Interpretation – adopted if just reasons connected
with the character and formation of the text induce as to take
LEGISLATIVE INTENT the words in the narrowest meaning. This is generally known
as “literal” interpretation. Narrow interpretation
- It is the essence of the law. 2. Extensive Interpretation – adopts a more comprehensive
- The intent of the legislature is the law, and the key to, and the signification of the words. Liberal interpretation
controlling factor in, its construction and interpretation. 3. Extravagant Interpretation – substitutes a meaning
- The primary source of legislative intent is the statute itself. evidently beyond the true one. Not genuine interpretation
COMPILED BY: LICINIO LOPEZ, MD (09/17) per angusta ad augusta Page 1 of 19

4. Free or Unrestricted Interpretation – proceeds simply on 6. Casus Omissus

he general principles of interpretation in good faith, not When a statute makes specific provisions in regard to several
bound by any specific or superior principle. enumerated cases or objects, but omits to make any provision
5. Limited or Restricted Interpretation - influenced by for a case or object which is analogous to those enumerated, or
other principles other than the strictly hermeneutic ones. which stands upon the same reason, and is therefore within the
6. Predestined Interpretation – takes place when the general scope of the statute, and it appears that such case or
interpreter, laboring under a strong bias of mind, makes the object was omitted by inadvertence or because it was overlooked
text subservient to his preconceived views and desires. or unforeseen, it is called a casus omissus. Such omissions or
Biased interpretation defects cannot be supplied by the courts.
The rule of casus omissus pro omisso habendus est can

What are the subjects of construction and interpretation? operate and apply only if and when the omission has been clearly
Most common subjects of construction and interpretation are the established.
constitution and statutes, which include ordinances. But we may - under this rule, a person or object omitted from an
also add resolutions, executive orders, and department circulars. enumeration is held to have been omitted intentionally by
the legislature
BASIC GUIDELINES IN CONSTRUCTION AND 7. Stare Decisis

INTERPRETATION It is the doctrine that, when court has once laid down a principle,
and apply it to all future cases, where facts are substantially the
1. Legislative Intent same, regardless of whether or not the parties and properties are
The object of all interpretation and construction of statutes is to the same. Follow past precedents and do not disturb what has
ascertain the meaning and intention of the legislature, to the end been settled. Matters already decided on the merits cannot be
that the same may be enforced. Legislative intent is determined relitigated again and again.
principally from the language of the statute.
- stability of past precedents
- clauses and phrases of statue are to be taken as a whole
- it is not applicable, if it is in violation of a law in force
- when the words and language of the statute is clear, it
should be given its natural meaning
DETERMINING LEGISLATIVE INTENT
2. Verba Legis Non Est Recedendum Courts are called upon to interpret the laws when there is a
Literally means, from the words of the statute there should be no dispute amongst the parties about what the statute means.
departure. If the language of the statute is plain and free from Somewhat ironically, the legislative branch passes statutes on
ambiguity, and express a single, definite, and sensible meaning, construction to give guidance to the courts on how to interpret
that meaning is conclusively presumed to be the meaning which the legislature's laws. The courts then develop and follow several
the legislature intended to convey.- rules of statutory construction drawn either from these statutes
or case law. When courts fill in the gaps in a law, sometimes the
3. Statute as a Whole judges are criticized as being "activist" judges or crossing the line
A cardinal rule in statutory construction is that legislative intent into legislating.
must be ascertained from a consideration of the statute as a
whole and not merely of a particular provision. A word or phrase Generally recognized historic theories of statutory
might easily convey a meaning which is different from the one construction:
actually intended. 1. Literal Rule
2. Purpose Rule
A statute should be construed as a whole because it is not to be 3. Golden Rule or Baron Parke’s Rule
presumed that the legislature has used any useless words, and other theories of statutory construction
because it is dangerous practice to base the construction upon 4. Mischief Rule
only a part of it, since one portion may be qualified by other 5. Equity of Statute Rule
portions. 6. Plain Meaning Rule
- if a statute is susceptible to more than one interpretation,
courts should adopt a reasonable construction that renders
the statute operative LITERAL RULE
Literal rule is a rule used to interpreting statutes. This rule
4. Spirit and Purpose of the Law explains what the law is rather than explaining what the law
When the interpretation of a statute according to the exact and means. When interpreting a statute, the courts generally applies
literal import of its words would lead to absurd or mischievous the literal rule first before applying any other rules of
consequences, or would thwart or contravene the manifest interpretation. In literal rule, the words in a statute are given its
purpose of the legislature in its enactment, it should be construed plain, ordinary, and literal meaning. While applying the literal
according to its spirit and reason, disregarding or modifying, so rule, the law is read word by word and without diverting from its
far as may be necessary, the strict letter of the law. true meaning.
- applies if the literal meaning renders the whole statute
absurd or will have inapt consequences
PURPOSE RULE
- when the reason of the law ceases, the law itself ceases Sometimes referred to as purposive approach, it is an approach
to statutory and constitutional interpretation under which
5. Implications common law courts interpret an enactment (a statute, part of a
- only necessary implications are read into the statute, mere statute, or a clause of a constitution) within the context of the
desirability or plausibility law's purpose.
- the implication must be strong that opposition cannot take
place Purposive approach in interpretation is used when the courts use
extraneous materials from the pre-enactment phase of
legislation, including early drafts, hansards, committee reports,
What is the Necessary Implications Doctrine? and white papers. The purposive interpretation involves a
What is implied in a statute is as much a part thereof as that rejection of the exclusionary rule. It is also a method of legal
which is expressed. No statute can be enacted that can provide construction that combines elements of the subjective and
all the details involved in its application. What is thought at the objective. The subjective elements include the intention of the
time of enactment, to be an all-embracing legislation may be author of the text, whereas the objective elements include the
inadequate to provide for the unfolding events of the future. So- intent of the reasonable author and the legal system’s
called gaps in the law develop as the law is enforced. fundamental values.
Every statute is understood by implication, to contain all such

provisions as may be necessary to effectuate its object and GOLDEN RULE
purpose, and to make effective rights, powers, privileges or Sometimes referred to as Baron Parke’s Rule or British Rule.
jurisdiction which it grants, including all such collateral and It is a form of statutory construction traditionally applied by
subsidiary consequences as may be fairly and logically inferred English courts. The golden rule allows a judge to depart from a
from its terms. word's normal meaning in order to avoid an absurd result. If the

unambiguous or literal meaning of the statute leads to an absurd II. POWER TO CONSTRUE AND LIMITATIONS ON POWER
result or an unjust result, the court should search further for the TO CONSTRUE
correct meaning of the statute and construe it so as to avoid the
absurd or unjust result.
POWER TO CONSTRUE
The golden rule dictates that a judge can depart from this What is construe?
meaning. Eg: In the case of homographs, where a word can It means to interpret (a word or action) in a particular way.
have more than one meaning, the judge can choose the preferred
meaning; if the word only has one meaning, but applying this
would lead to a bad decision, the judge can apply a completely SITUS OF CONSTRUCTION AND INTERPRETATION
different meaning. In our system of government…
Legislative power – makes the law

MISCHIEF RULE Vested in the Congress of the Philippines – the Senate and the
Heydon's Case, 3 Co. 71, 76 Eng. Rep. 637 (Exchequer 1584) House of the Representatives. (Section 1, Article VI of
Constitution).
The main aim of the rule is to determine the "mischief and defect"
that the statute in question has set out to remedy, and what The legislature has no power to overrule the interpretation or
ruling would effectively implement this remedy. construction of a statute or the Constitution by the Supreme
Court, for interpretation is a judicial function assigned to the
Alternately said, the court identifies the mischief caused by the latter by the fundamental law.
common law and the remedy provided by the legislature and then
adopts the construction that will suppress the mischief and Executive power – executes the law
advance the remedy. The words of the text are expanded or Vested in the President. (Section 1, Article VII of Constitution)
contracted from their usual meaning to carry out the legislative
purpose. There is no finding that the text is ambiguous before Judicial power – interprets the law
looking at other sources to figure out the purpose of the statute. Vested in one Supreme Court and in such lower courts as may be
established by law. (Section 1, Art VIII of Constitution)
EQUITY OF THE STATUTE RULE The duty and power to interpret or construe a statute or the
The key here is the statute's purpose, true reason for being, or Constitution belongs to the judiciary. Simply stated, the situs of
the equity of the statute. This is the opposite of the mischief rule. construction and interpretation of written laws belong to the
The Court is not restricted by the text. judicial department. The Supreme Court construes the applicable
law in controversies which are ripe for judicial resolution. The
court does not interpret law in a vacuum.
PLAIN MEANING RULE
Although the plain meaning rule is historic, it is the one that still It is the duty of the Courts of Justice to settle actual controversies
prevails in most states and is currently debated at the federal involving rights, which are legally demandable and enforceable,
level. The plain meaning rule is strongly literal. If the meaning is and to determine whether or not there has been a grave abuse
plain from the text, the court does not need to look for other of discretion amounting to lack or excess of jurisdiction on
sources of meaning. There is no need for construction. the part of any branch or instrumentality of the
government.
"Where the language is plain and admits of no more than one
meaning the duty of interpretation does not arise" §45:2 Supreme Court is the one and only Constitutional Court and all
Sutherland Statutory Construction. other lower courts are Statutory Courts and such lower courts
have the power to construe and interpret written laws.
U.S. Supreme Court - Caminetti v. U.S., 242 U.S. 470, 37 S. Ct. … some sine qua non and good to know things:
192 (1917): "...the meaning of the statute must, in the first - The Supreme Court may, in an appropriate case, change or
instance, be sought in the language in which the act is framed, overrule its previous construction.
and if that is plain, ... the sole function of the courts is to enforce
it according to its terms."
- Before the court may construe or interpret a statute, there
must be doubt or ambiguity in its language. The province of
Basically under the plain meaning rule, if you can determine the construction lies wholly within the domain of ambiguity. Where
plain meaning, you don't have to resort to rules of statutory there is no ambiguity in the words of a statute, there is
construction. no room for construction.
- A statute is ambiguous when it is capable of being understood
by reasonably well-informed persons in either of two senses.
Case in Point: Caltex Philippines vs Enrico Palomar (GR L- - Where the law is free from ambiguity, the court may not
19650, 29 September 1966) introduce exceptions or conditions where none is provided.
Case in Point: Socorro Ramirez vs CA (GR 93833, 25 September

- A meaning that does not appear nor is intended or reflected in
the very language of the statute cannot be placed therein by
1995; 248 SCRA 590)
construction.
Case in Point: Cesario Ursua vs CA (GR 112170, 10 April 1996; - Where the two statutes that apply to a particular case, that
25 SCRA 147) which was specifically designed for the said case must prevail
over the other.
Case in Point: People vs Venancio Concepcion (GR L-19190, 29 - When the Supreme Court has laid down a principle of law as
November 1922; 44 Phil 126) applicable to a certain state of facts, it will adhere to that
principle and apply it to all future cases where the facts are
substantially the same.
- Judicial rulings have no retroactive effect.
- The court may issue guidelines in applying the statute, not to
enlarge or restrict it but to clearly delineate what the law
requires. This is not judicial legislation but an act to define what
the law is.
DUTY OF THE COURTS TO CONSTRUE AND INTERPRET THE

LAW; REQUISITES
1. There must be an actual case or controversy,
2. There is ambiguity in the law involved in the controversy.
Ambiguity exists if reasonable persons can find different

meanings in a statute, document, etc. A statute is ambiguous if
it is admissible of two or more possible meanings. If the law is

clear and unequivocal, the Court has no other alternative but to • A statute that is clear and unambiguous is not susceptible of
apply the law and not to interpret. Construction and interpretations.
interpretation of law come only after it has been demonstrated • First and fundamental duty of court is to apply the law.
that application is impossible or inadequate without them. • Construction is the very last function, which the court should
exercise.
• When the law is clear, there is no room for interpretation, only
CONSTRUCTION IS A JUDICIAL FUNCTION room for application.
• It is the court that has the final word as to what the law means. • Courts cannot enlarge or limit the law if it is clear and free from
• It construes laws as it decide cases based on fact and the law ambiguity (even if law is harsh or onerous).
involved. • A meaning that does not appear nor is intended or reflected in
• Laws are interpreted in the context of a peculiar factual the very language of the statute cannot be placed therein by
situation of each case. construction.
• Circumstances of time, place, event, person and particularly
attendant circumstances and actions before, during and after
the operative fact have taken their totality so that justice can RULINGS OF SUPREME COURT PART OF LEGAL SYSTEM
be rationally and fairly dispensed. Decisions of this Court, although in themselves not laws, are
nevertheless evidence of what the laws mean, and this is the
reason why under Article 8 of the Civil Code of the Philippines,
What is moot and academic? states:
Case is one that ceases to present a justiciable controversy by Judicial decisions applying or interpreting the laws or the
virtue of supervening events, so that a declaration thereon would Constitution shall form part of the legal system of the
be of no practical value. As a rule, courts decline jurisdiction over Philippines.
such case, or dismiss it on ground of mootness.
- Purpose has become stale • legis interpretatio legis vim obtinet – the authoritative
interpretation of the SC of a statute acquires the force of law
- No practical relief can be granted by becoming a part thereof as of the date of its enactment,
- Relief has no practical effect since the court’s interpretation merely establishes the
contemporaneous legislative intent that the statute thus
construed intends to effectuate
EXCEPTIONS IN DISMISSING THE CASE BASED ON • stare decisis et non quieta movere – when the SC has once
MOOTNESS: laid down a principle of law as applicable to a certain state of
Randolf David vs Gloria Macapaga-Arroyo (GR 171396, 3 May facts, it will adhere to that principle and apply it to all future
2006) casese where the facts are substantially the same, for stability
1. There is grave violation of the Constitution and certainty.
2. Exceptional character of the situation and the paramount • Supreme Court becomes, to the extent applicable, the criteria
public interest is involved that must control the actuations not only of those called upon
3. When the constitutional issue raised requires formulation of to abide thereby but also of those duty-bound to enforce
controlling principles to guide the bench, the bar, and the obedience thereto.
public • Supreme Court rulings are binding on inferior courts.
4. The case is capable of repetition yet evading review
JUDICIAL RULINGS HAVE NO RETROACTIVE EFFECT

LEGISLATIVE CANNOT OVERRULE JUDICIAL • lex prospicit not respicit - the law looks forward, not
CONSTRUCTION backward
Endencia v David • RATIONALE: Retroactive application of a law usually divest
• It cannot preclude the courts from giving the statute different rights that have already become vested or impairs he
interpretation. obligations of contract and hence is unconstitutional.
• If the legislature may declare what a law means – it will cause
confusion, it will be violative of the fundamental principles of
the constitution of separation powers. Can Courts issue guidelines in construing statute?
• Legislative construction is called resolution or declaratory In construing a statute, the enforcement of which may tread on
act. sensitive areas of constitutional rights, the court may issue
guidelines in applying the statute, not to enlarge or restrict it but
to clearly delineate what the law is.
When can judicial interpretation may be set aside?
The interpretation of a statute or a constitutional provision by the
courts is not so sacrosanct as to be beyond modification or LIMITATIONS ON THE POWER TO CONSTRUE
nullification. The Supreme Court itself may, in an appropriate 1. Courts may not enlarge nor restrict statutes.
case change or overrule its previous construction. 2. Courts may not be influenced by questions of wisdom.
The rule that the Supreme Court has the final word in the
interpretation or construction of a stature merely means that the COURTS MAY NOT ENLARGE NOR RESTRICT STATUTES
legislature cannot, by law or resolution, modify or annul the • Courts are not authorized to insert into the law what they think
judicial construction without modifying or repealing the very should be in it or to supply what they the legislature would have
statute which has been the subject of construction. It can, and it supplied if its intention had been called to the omission.
has done so, by amending or repealing the statute, the • They should not by construction, revise even the most arbitrary
consequence of which is that the previous judicial construction of or unfair action of the legislature, nor rewrite the law to
the statute is modified or set aside accordingly. conform to what they think should be the law.
• Neither should the courts construe statutes, which are perfectly
vague for it violates due process:
When can the court may construe statute? - Failure to accord persons fair notice of the conduct to avoid
The court may construe or interpret a statute under the condition
that there is doubt or ambiguity. Only when the law is ambiguous -Leave law enforcers unbridled discretion in carrying out its
or doubtful of meaning may the court interpret or construe its provisions
intent. • Leading stars on judicial construction: good faith and
commonsense.
• An utterly vague act on its face cannot be clarified by either a
What is ambiguity? saving clause or by construction.
It is a condition of admitting 2 or more meanings wherein it is
susceptible of more than one interpretation.
COURTS ARE NOT TO BE INFLUENCED BY QUESTIONS OF
WISDOM
COURT MAY NOT CONSTRUE WHERE STATUTE IS CLEAR • Courts do not sit to resolve the merit of conflicting theories
ubi lex non distinguit, nec nos distinguere debemus • Courts do not pass upon question of wisdom, justice or
when the law does not distinguish we ought not to distinguish expediency of legislation, for it’s not within their province to

supervise legislation and keep it within the bounds of common III. STATUTES
sense.
• The court merely interpret regardless of whether or not they
wise or salutary. LAWS, in general
What is law?
• A whole body or system of law
What is the rule of lenity? • Rule of conduct formulated and made obligatory by legitimate
Rule of Lenity is a judicial doctrine requiring that those power of the state
ambiguities in a criminal statute relating to prohibition and • Includes RA, PD, EO (president in the ex of legislative power),
penalties be resolved in favor of the defendant if it is not contrary Presidential issuances (ordinance power) Jurisprudence,
to legislative intent. A court may also look at: the common usage ordinances passed by sanggunians of local government units.
of a word, case law, dictionaries, parallel reasoning, punctuation.
Statutes are sometimes ambiguous enough to support more than
one interpretation. In these cases, courts are free to interpret STATUTES, in general
statutes themselves. Once a court interprets the statute, other What is statute?
courts usually will not go through the exercise again, but rather Starts with a bill, it is a draft of a proposed law.
will enforce the statute as interpreted by the other court. • An act of legislature (Philippine Commission, Phil. Legislature,
Batasang Pambansa, Congress)
• PD’s of Marcos during the period of martial law 1973
Case in Point: Director of Lands vs CA (GR 102858, 28 July Constitution
1997; 276 SCRA 276) • EO of Aquino revolutionary period Freedom Constitution
Case in Point: Olivia Pascual vs Esperanza Pascual-Bautista (GR

84240, 25 March 1992; 270 SCRA 561) LEGISLATIVE PROCEDURES
The power to make laws is lodged in the legislative department
Case in Point: People vs Mario Mapa (GR L-22301, 30 August of the government. A statute starts with a bill.
1967; 20 SCRA 1164)
Case in Point: Request of Judge Tito Gustilo (AM RTJ-04-1868; What is a bill?
13 August 2004) It is the draft of a proposed law from the time of its introduction
in a legislative body through all the various stages in both houses.
Case in Point: Philippine Veterans Bank vs Justina Callangan It is enacted into law by a vote of the legislative body. An “Act”
(GR 191995, 3 August 2011; 655 SCRA 150) is the appropriate term for it after it has been acted on and
passed by the legislature. It then becomes a statute, the written
Case in Point: Armando Barcellano vs Dolores Banas (GR will of the legislature solemnly expressed according to the form
165287, 14 September 2011; 657 SCRA 545) necessary to constitute it as the law of the state.
What is statute law?

It is a term often used interchangeably with the word “statute”.
Statute Law, however, is broader in meaning since it includes not
only statute but also the judicial interpretation and application of
the enactment.
KINDS OF STATUTES
 GENERAL LAW – applies to the whole state and operates
throughout the state alike upon all people of the state or all of
a particular class; affects the community at large.
 SPECIAL LAW – relates to particular person or things of a

class or to a particular community, individual or thing;
designed for a particular purpose, or limited in range or
confined to a prescribed field of action on operation.
 LOCAL LAW – operation is confined to a specific place or

locality (e.g municipal ordinance)
 PUBLIC LAW – affects the public at large; a general

classification of law, consisting generally of constitutional,
administrative, criminal, and international law, concerned with
the organization of the state, the relations between the state
and the people who compose it, the responsibilities of public
officers of the state, to each other, and to private persons, and
the relations of state to one another. Public law may be
general, local, or special law.
 PRIVATE LAW – applies only to a specific person or subject;

defines, regulates, enforces and administers relationships
among individuals, associations and corporations.
 PERMANENT LAW - one whose operation is not limited in

duration but continues until repealed.
 TEMPORARY LAW - duration is for a limited period of time

fixed in the statute itself or whose life ceases upon the
happening of an event.
E.g. statute answering to an emergency
 REMEDIAL LAW – providing means or method whereby

causes of action may be affectuated, wrongs redressed and
relief obtained.
 CURATIVE LAW – a form of retrospective legislation which

reaches back into the past to operate upon past events, acts
or transactions in order to correct errors and irregularities and

to render valid and effective many attempted acts which would • IMPLIED REPEAL – when a later statute contains provisions
otherwise be ineffective for the purpose intended. so contrary to irreconcilable with those of the earlier law that
only one of the two statutes can stand in force.
 PENAL LAW – defines criminal offenses specify corresponding
fines and punishments. The repeal of a penal law deprives the court of jurisdiction to
punish persons charged with a violation of the old penal law prior
 PROSPECTIVE LAW – applicable only to cases which shall to its repeal. Only a law can repeal a law. The intention to
arise after its enactment. repeal must be clear and manifest, otherwise, at least, as a
general rule, the later act is to be construed as a continuation of,
 RETROSPECTIVE LAW – looks backward or contemplates the and not a substitute for, the first act.
past; one which is made to affect acts or facts occurring, or
rights occurring, before it came into force.
TWO (2) CATEGORIES OF REPEAL BY IMPLICATION:
 AFFIRMATIVE LAW – directs the doing of an act, or declares 1. Where provision in the two acts on the same subject matter
what shall be done in contrast to a negative statute which is are in an irreconcilable conflict;
one that prohibits the things from being done, or declares what 2. If the later act covers the whole subject of the earlier one and
shall not be done. is clearly intended as a substitute – to be a complete and
perfect system in itself.
 MANDATORY LAW – generic term describing statutes which
require and not merely permit a course of action.
MANNER OF REFERRING TO STATUTES
• Public Acts (Act) – Philippine Commission and Philippine
CLASSIFICATIONS / CLASSES OF STATUTES Legislature 1901- 1935 (American Occupation)
According to Application • Commonwealth Acts (CA) – 1936- 1946 (Independent)
 Prospective - applicable only to cases which shall • Republic Acts (RA) – Congress 1946- 1972, 1987 ~
arise after its enactment. • Batas Pambansa (BP) – interim assembly in 1978
 Retroactive - looks backward or contemplates the • Identification of Laws – serial number and/or title
past; one which is made to affect acts or facts occurring,
or rights occurring, before it came into force.
CONFLICTING STATUTES
According to Operation It may happen that in a statute, conflicting clauses and provisions
 Declaratory may arise. If such situation may occur, the statute must be
 Curative - a form of retrospective legislation which construed as a whole.
reaches back into the past to operate upon past events,
acts or transactions in order to correct errors and
irregularities and to render valid and effective many STATUTES IN PARI MATERIA
attempted acts which would otherwise be ineffective for Statutes that relate to the same subject matter, or to the same
the purpose intended. class of persons or things, or have the same purpose or object.
 Mandatory - generic term describing statutes which Statutes in pari materia are to be construed together; each
require and not merely permit a course of action. legislative act is to be interpreted with reference to other acts
 Directory relating to the same matter or subject. However, if statutes of
 Substantive equal theoretical application to a particular case cannot be
 Remedial - providing means or method whereby causes reconciled, the statute of later date must prevail being a later
of action may be affectuated, wrongs redressed and expression of legislative will.
relief obtained.
 Penal - defines criminal offenses specify corresponding
fines and punishments. GENERAL AND SPECIAL STATUTES
Sometimes we find statutes treating a subject in general terms
According to Form and another treating a part of the same subject in particularly
 Affirmative - directs the doing of an act, or declares detailed manner. If both statutes are irreconcilable, the general
what shall be done in contrast to a negative statute statute must give way to the special or particular provisions as
which is one that prohibits the things from being done, an exception to the general provisions. This is so even if the
or declares what shall not be done. general statute is later enactment of the legislature and broad
 Negative enough to include the cases in special law unless there is manifest
intent to repeal or alter the special law.
CONCEPT OF VAGUE STATUTES

Statues or act may be said to be vague when it lacks STATUTE AND ORDINANCE
comprehensible standards those men “of common intelligence  If there is conflict an ordinance and a statute, the ordinance
must necessarily guess at its meaning and differ as to its must giveway.
application.  It is a well-settled rule that a substantive law cannot be
amended by a procedural law.
Statute is repugnant to the Constitution in two (2) respects:  A general law cannot repeal a special law.
1. It violates due process for failure to accord persons fair notice  In case of conflict between a general provision of a special law
of conduct to avoid; and and a particular provision of a general law, the latter will
2. It leaves law enforcers unbridled discretions in carrying out its prevail.
provisions.  When there is irreconcilable repugnancy between a proviso and
the body of a statute, the former prevails as latest expression
The Supreme Court held that the Doctrine of Void for of legislative intent.
Vagueness merely requires a reasonable degree of certainty for  The enactment of a later legislation which is general law cannot
the statute to be upheld – not absolute precision or mathematical be construed to have repealed a special law.
exactitude. Flexibility, rather than meticulous specificity, is  A statute is superior to an administrative circular, thus the later
permissible as long as the metes and bounds of the statute are cannot repeal or amend it.
clearly delineated.  Where the instrument is susceptible of two interpretations, one
which will make it invalid and illegal and another which will
make it valid and legal, the latter interpretation should be
REPEALS OF STATUTE adopted.
It may be expressed or implied:  In case of conflict between an administrative order and the
provisions of the Constitutions, the latter prevails.
• EXPRESS REPEAL – is the abrogation or annulling of a
previously existing law by the enactment of a subsequent
statute which declares that the former law shall be revoked and
abrogated.

ENACTMENT OF STATUTES have opportunity of being heard thereon by petition or

otherwise, if they shall so desire.
LEGISLATIVE POWER, GENERALLY
It is the power to make, alter and repeal laws and vested on the 2. No bill passed by either House shall become law unless it has
following: passed three readings on separate days, and printed copies
• Vested in congress – 1987 Constitution thereof in its final form have been distributed to each member
• President – 1973 & Freedom (PD and EO respectively) three days before its passage.
• Sangguniang barangay, bayan, panglungsod, panlalawigan –
ordinances (applicable only within respective jurisdiction) 3. Every bill passed by the Congress shall, before it becomes a
• Administrative or executive officer law, be presented to the President. The executive approval
• Delegated power and veto power of the President is the third important
• Issue rules and regulations to implement a specific law constitutional requirement in the mechanical passage of a bill.
CONGRESS LEGISLATIVE POWER

• The determination of the legislative policy and its formulation HOW A BILL BECOMES A LAW
and promulgation as a defined and binding rule of conduct. A bill before it becomes a law must pass the strict constitutional
• Legislative power - plenary except only to such limitations as requirements explicit both in the 1973 Constitution and the 1987
are found in the constitution Constitution.
1. Preparation of the Bill
PROCEDURAL REQUIREMENTS, GENERALLY 2. First Reading
• Provided in the Constitution (for Bills, RA) 3. Committee Consideration / Action
• Provided by congress – enactment of laws 4. Second Reading
Both houses of congress has also their own rules as stated in 5. Third Reading
Paragraph 3 Section 16 Article VI of the 1987 Constitution: 6. Transmittal of the Approved Bill to the Senate
7. Senate Action on Approved Bill of the House
(3) Each House may determine the rules of its proceedings, 8. Conference Committee
punish its Members for disorderly behavior, and, with the 9. Transmittal of the Bill to the President
concurrence of two-thirds of all its Members, suspend or 10. Presidential Action on the Bill
expel a Member. A penalty of suspension, when imposed, 11. Action on Approved Bill
shall not exceed sixty days. 12. Action on Vetoed Bill
CONSTITUTIONAL BASIS 1. PREPARATION OF THE BILL

As stated in Section 26 and 27, Article VI of the 1987  Proposed legislative measure introduced by a member of
Constitution, to wit: congress for enactment into law. The Member or the Bill
Drafting Division of the Reference and Research Bureau
SECTION 26. (1) Every bill passed by the Congress shall prepares and drafts the bill upon the Member's request.
embrace only one subject which shall be expressed in the title • The bill shall embrace only one subject which shall be
thereof. expressed in the title
• Signed by authors
(2) No bill passed by either House shall become a law unless it • Filed with the Secretary of the House/Senate
has passed three readings on separate days, and printed copies • Bills may originate from either lower or upper House
thereof in its final form have been distributed to its Members • Must exclusively originate in lower house (House of
three days before its passage, except when the President Representatives), as stated in Section 24, Article VI of the
certifies to the necessity of its immediate enactment to meet a 1987 Constitution
public calamity or emergency. Upon the last reading of a bill, MNEMONICS: A-R-T-P-A-P
no amendment thereto shall be allowed, and the vote thereon - Appropriation
shall be taken immediately thereafter, and the yeas and nays
entered in the Journal.
- Revenue bills
- Tariff bills
SECTION 27. (1) Every bill passed by the Congress shall, - Bills authorizing increase of Public debt
before it becomes a law, be presented to the President. If he
approves the same, he shall sign it; otherwise, he shall veto it
- Bills of local Application
and return the same with his objections to the House where it - Private bills
originated, which shall enter the objections at large in its
Journal and proceed to reconsider it. If, after such
reconsideration, two-thirds of all the Members of such House 2. FIRST READING
shall agree to pass the bill, it shall be sent, together with the  The bill is filed with the Bills and Index Service and the same
objections, to the other House by which it shall likewise be is numbered and reproduced.
reconsidered, and if approved by two-thirds of all the Members
 Three days after its filing, the same is included in the Order
of that House, it shall become a law. In all such cases, the votes of Business for First Reading.
of each House shall be determined by yeas or nays, and the
names of the Members voting for or against shall be entered in  On First Reading, the Secretary General reports the bill for
its Journal. The President shall communicate his veto of any bill first reading, reads the title and number of the bill. The
to the House where it originated within thirty days after the Speaker refers the bill to the appropriate Committee/s for
date of receipt thereof; otherwise, it shall become a law as if study and recommendation
he had signed it.  The assigned committee will hold public hearings and
consultations, inviting persons and parties interested in the
(2) The President shall have the power to veto any particular subject of the bill or those who will be affected by it then
item or items in an appropriation, revenue, or tariff bill, but the submits report and recommendation for calendar of second
veto shall not affect the item or items to which he does not reading
object.
3. COMMITTEE CONSIDERATION / ACTION

CONSTITUTIONAL TEST IN THE PASSAGE OF A BILL  The Committee where the bill was referred to evaluates it to
Three (3) very important constitutional requirements in the determine the necessity of conducting public hearings.
enactment of statute:  If the Committee finds it necessary to conduct public
hearings, it schedules the time thereof, issues public notices
1. Every bill passed by Congress shall embrace only one subject and invites resource persons from the public and private
which shall be expressed in the title thereof. The purposes of sectors, the academe and experts on the proposed
this constitutional requirements are: legislation, or any persons representing sectors of society
• To prevent hodge-podge or log-rolling legislation; who will be affected by the bill proposed.
• To prevent surprise or fraud upon the legislature; and  If the Committee finds that public hearing is not needed, it
• To fairly apprise the people, through such publications of schedules the bill for Committee discussion/s.
legislative proceedings as is usually made, of the subjects of  Based on the result of the public hearings or Committee
legislation that are being considered, in order that they may discussions, the Committee may introduce amendments,

consolidate bills on the same subject matter, or propose a 9. TRANSMITTAL OF THE BILL TO THE PRESIDENT
substitute bill. It then prepares the corresponding committee  Copies of the bill, signed by the Senate President and the
report. Speaker of the House of Representatives and certified by
 The Committee approves the Committee Report and formally both the Secretary of the Senate and the Secretary General
transmits the same to the Plenary Affairs Bureau. of the House, are transmitted to the President.
4. SECOND READING 10. PRESIDENTIAL ACTION OR INACTION ON THE BILL

 The Committee Report is registered and numbered by the  If the bill is approved the President, the same is assigned an
Bills and Index Service. It is included in the Order of Business RA number and transmitted to the House where it originated.
and referred to the Committee on Rules.  If the bill is vetoed, the same, together with a message citing
 The Committee on Rules schedules the bill for consideration the reason for the veto, is transmitted to the House where
on Second Reading. the bill originated.
 On Second Reading, the Secretary General reads the  If there is no action by the President, the bill will lapse into
number, title and full text of the bill (with amendments law within 30 days after receipt. (Example: RA 10912 or the
proposed by the committee) unless copies are distributed Continuing Professional Development Law)
and such reading is dispensed with and the following takes
place:
a. Period of Sponsorship and Debate 11. ACTION ON APPROVED BILL
b. Period of Motions and Amendments  The bill is reproduced and copies are sent to the Official
c. Voting which may be by: Gasette Office for publication and distribution to the
- viva voce implementing agencies. It is then included in the annual
compilation of Acts and Resolutions.
- count by tellers
- division of the House; or
-
nominal voting 12. ACTION ON VETOED BILL
 A bill approved shall be included in the calendar of bills for  The message is included in the Order of Business. If the
3rd reading Congress decides to override the veto, the House and the
Senate shall proceed separately to reconsider the bill or the
vetoed items of the bill. If the bill or its vetoed items is
5. THIRD READING passed by a vote of two-thirds of the Members of each
(paragraph 2, Section 26, Article VI of the 1987 Constitution) House, such bill or items shall become a law.
 After 3 readings, approval of either house - 2/3 of all members approves, it will be sent to the other
 The amendments, if any, are engrossed and printed copies house for approval
of the bill are reproduced for Third Reading.
 The engrossed bill is included in the Calendar of Bills for Third
- 2/3 of the other house approves then it shall become a law
Reading and copies of the same are distributed to all the
NOTE: A joint resolution having the force and effect of a law goes
Members three days before its Third Reading.
through the same process.
 On Third Reading, the Secretary General reads only the
number and title of the bill.
 A roll call or nominal voting is called and a Member, if he
THREE WAYS OF HOW A BILL BECOMES A LAW
desires, is given three minutes to explain his vote. No
 President signs
amendment on the bill is allowed at this stage. Bill approved
 inaction of president within 30 days after receipt
on 2nd reading will be submitted for final vote by yeas and
 vetoed bill is repassed by congress by 2/3 votes of all its
nays.
members, each house voting separately
a. The bill is approved by an affirmative vote of a majority
of the Members present.
b. If the bill is disapproved, the same is transmitted to the
Archives.
CONSTITUTIONAL BASIS
as stated in Section 25, Article VI the 1987 Constitution:
6. TRANSMITTAL OF THE APPROVED BILL TO THE “OTHER
SECTION 25. (1) The Congress may not increase the
HOUSE” OR SENATE (IF ORIGINATING FROM HOR)
appropriations recommended by the President for the
• Bill approved on the 3rd reading will be transmitted to the
operation of the Government as specified in the budget. The
“Other House” for concurrence (same process as the first
form, content, and manner of preparation of the budget shall
passage)
be prescribed by law.
- If the “Other House” approves without amendment it is
passed to the President (2) No provision or enactment shall be embraced in the general
appropriations bill unless it relates specifically to some
particular appropriation therein. Any such provision or
7. SENATE ACTION ON APPROVED BILL OF THE HOUSE enactment shall be limited in its operation to the appropriation
 The bill undergoes the same legislative process in the to which it relates.
Senate.
(3) The procedure in approving appropriations for the Congress
shall strictly follow the procedure for approving appropriations
8. CONFERENCE COMMITTEE for other departments and agencies.
 If the “Other House” introduces amendments, and
disagreement arises, differences will be settled by the (4) A special appropriations bill shall specify the purpose for
Conference Committees of both houses which it is intended, and shall be supported by funds actually
 A Conference Committee is constituted and is composed of available as certified by the National Treasurer, or to be raised
Members from each House of Congress to settle, reconcile or by a corresponding revenue proposed therein.
thresh out differences or disagreements on any provision of
the bill. (5) No law shall be passed authorizing any transfer of
appropriations; however, the President, the President of the
 The conferees are not limited to reconciling the differences Senate, the Speaker of the House of Representatives, the Chief
in the bill but may introduce new provisions germane to the Justice of the Supreme Court, and the heads of Constitutional
subject matter or may report out an entirely new bill on the Commissions may, by law, be authorized to augment any item
subject. in the general appropriations law for their respective offices
 The Conference Committee prepares a report to be signed from savings in other items of their respective appropriations.
by all the conferees and the Chairman.
 The Conference Committee Report is submitted for (6) Discretionary funds appropriated for particular officials shall
consideration or approval of both Houses. Report and be disbursed only for public purposes to be supported by
recommendation of the 2 Conference Committees will have appropriate vouchers and subject to such guidelines as may be
to be approved by both houses in order to be considered prescribed by law.
pass. No amendment is allowed.

(7) If, by the end of any fiscal year, the Congress shall have since the courts respect the wisdom and capacity of both the
failed to pass the general appropriations bill for the ensuing legislative and executive departments
fiscal year, the general appropriations law for the preceding  Thus, if there has been any mistake in the printing of the bill
fiscal year shall be deemed reenacted and shall remain in force before it was certified by the authenticating officer of the House
and effect until the general appropriations bill is passed by the of Congress and thereafter was approved by the Chief
Congress. Executive, the only remedy is by amendment thru enacting a
curative legislation not by judicial decree.
as stated in Paragraph 2, Section 27, Article VI the 1987  Enrolled bill and legislative journals are conclusive and binding
Constitution: upon the courts
 If there is discrepancy between enrolled bill and the journal of
(2) The President shall have the power to veto any particular proceedings, enrolled bill prevails.
item or items in an appropriation, revenue, or tariff bill, but the
veto shall not affect the item or items to which he does not
object. EFFECT OF WITHDRAWAL OF AUTHENTICATION
The Speaker of the House and Senate President may withdraw
their authentication for the bill passed, if in their sound discretion
A-R-T-P-A-P BILLS there is discrepancy between the text of the bill as deliberated
Applicable especially for appropriation and revenue bills. and the enrolled bill. There effect of which are:
 Same as procedure for the enactment of ordinary bills - Nullifies the bill as enrolled
 Only difference is that they can only originate from the Lower
House but the Senate may propose/ concur with the
- Losses absolute verity
amendments - Courts may consult journals
 Limitations of passage as stated in Section 25, Article VI
the Constitution, namely:
1. Paragraph 1 – Congress may not increase the appropriation PARTS OF STATUTE
recommended by the President MNEMONICS: T-E-P-B (RE-S-S-E)
2. Paragraph 2 – Particular appropriation limited
3. Paragraph 3 – Procedure for Congress is the same to all other a. TITLE – the heading on the preliminary part, furnishing the
department/ agencies (procedure for approving name by which the act is individually known. It is usually
appropriations prefixed to the statute in the brief summary of its contents.
4. Paragraph 4 – Special appropriations shall be certified by the b. ENACTING CLAUSE – part of statute which declares its
National Treasurer or to be raised by revenue proposal enactment and serves to identify it as an act of legislation
5. Paragraph 5 – No transfer of appropriations; but respective proceeding from the proper legislative authority. “Be enacted”
offices has authority to augment is the usual formula used to start this clause.
6. Paragraph 6 - Discretionary funds shall be for public c. PREAMBLE – part of statute explaining the reasons for its
purposes only enactment and the objects sought to be accomplished.
7. Paragraph 7 – Re-enactment of appropriation bill Usually, it starts with “whereas”.
d. BODY – the main and operative part of the statute containing
and in Section 26, Article VI of the Constitution, namely: its substantive and even procedural provisions. Provisos and
exceptions may also be found.
8. Paragraph 2 – President my veto any particular item/s in an  REPEALING CLAUSE - announces the prior statutes or
appropriation, revenue, or tariff bill. specific provisions which have been abrogated by reason of
the enactment of the new law.
 SAVING CLAUSE – restriction in a repealing act, which is
AUTHENTICATION OF BILLS intended to save rights, pending proceedings, penalties, etc.
• Last step before bill is passed to the President from the annihilation which would result from an unrestricted
• This is the indispensable process of sending the bill repeal.
• It is done by signing of both the House Speaker and the Senate  SEPARABILITY CLAUSE – provides that in the event that
President one or more provisions or unconstitutional, the remaining
provisions shall still be in force.
 EFFECTIVITY CLAUSE – announces the effective date of
UNIMPEACHABILITY OF LEGISLATIVE JOURNALS the law.
• Every House will have its own Journal of Proceedings, as stated
in Paragraph 4, Section 16, Article VI of the 1987
Constitution, to wit: TITLE OF STATUTE
It is a mandatory law since it is stated in the 1987 Constitution
(4) Each House shall keep a Journal of its proceedings, and that every bill passed by Congress shall embrace only one subject
from time to time publish the same, excepting such parts as which shall be expressed in the title thereof (Paragraph 1,
may, in its judgment, affect national security; and the yeas Section 26, Article VI of 1987 Constitution), thus it is a
and nays on any question shall, at the request of one-fifth of requirement:
the Members present, be entered in the Journal.
• Limitations upon Legislation
Each House shall also keep a Record of its proceedings. 1. To refrain from conglomeration, under one statute, of
heterogeneous subjects
• Conclusive with respect to other matters that are required by 2. Title of the bill should be couched in a language sufficient to
the Constitution. notify the legislators and the public and those concerned of
• Disputable with respect to all other matters. the import of the single subject.
• By reason of public policy, authenticity of laws should rest upon • Principal Purpose of Requirement: to apprise the legislators of
public memorials of the most permanent character. the object, nature, and scope of the provision of the bill and to
• The journals should be made public and accessible to all. prevent the enactment into law of matters which have not
received the notice, action and study of the legislators. Mainly,
to prohibit duplicity in legislation.
ENROLLED BILL • Other Purposes:
An enrolled bill is the final copy of a bill or joint resolution which - To prevent hodgepodge and log-rolling legislation
has passed both Houses of Congress in identical form. Enrolled
bills must be signed by the presiding officers of both the House
- To prevent surprise or fraud upon the legislature
of Representatives and the Senate, printed on parchment or - To fairly apprise the people, through publication of the
paper of suitable quality and sent to the President for approval. subjects of the legislation
 Bills passed by congress authenticated by the Speaker and the - Used as a guide in ascertaining legislative intent when the
Senate President and approved by the President language of the act does not clearly express its purpose; may
 Importing absolute verity and is binding on the courts as it clarify doubt or ambiguity.
carries on its face a solemn assurance that it was passed in • How the Requirement should be construed: It should be
good faith by both the legislative and executive departments. liberally construed. If there is doubt, it should be resolved
 Courts cannot go behind the enrolled act just to discover what against the doubt and in favor of the constitutionality of the
really happened should there be any errors or discrepancy statute

• When there is compliance with Requirement REPEALING CLAUSE

A clause in a statute repealing a previous enactment and may be
- It should be comprehensive enough to include general object worded as such:
- If all parts of the law are related, and are germane to the
subject matter expressed in the title All laws, decrees, rules and regulations inconsistent with the
- Title is valid where it indicates in broad but clear terms, the provisions of this Act are hereby repealed or amended
nature, scope and consequences of the law and its operations accordingly.
- Title should not be a catalogue or index of the bill
- Principles apply to titles of amendatory acts. SAVING CLAUSE
- Suitable enough if the title states “An Act to Amend a specific A clause in a statute limiting the scope of repeal of prior statutes,
statute” so that if any clause is determined to be unenforceable, the
- Title need not state precise nature of the amendatory act. remainder of the statute will remain intact and enforceable.
Alternatively said, a clause in a statute exempting something
- US Legislators have titles ending with the words “and for from the statute's operation or providing that the rest of it will
other purposes” (but the US legislative acts are not subject stand if part is held invalid.
to the same Constitutional restriction as that embodied in the
Philippine Constitution)
• When the Requirement is not applicable SEPARABILITY CLAUSE
- Apply only to bills which may thereafter be enacted into law It states that if any provision of the act is declared invalid, the
remainder shall not be affected thereby. It is not controlling and
- Does not apply to laws in force and existing at the time the the courts may invalidate the whole statute where what is left,
1935 Constitution took effect.
after the void part, is not complete and workable.
- No application to municipal or city ordinances. • Presumption – statute is effective as a whole
• Effect of insufficiency of title • Effect: to create in the place of such presumption the opposite
of separability.
- Statute is null and void
- Where, the subject matter of a statute is not sufficiently
expressed in its title, only so much of the subject matter as EFFECTIVITY CLAUSE
is not expressed therein is void, leaving the rest in force, It is a statement in a statute saying when the law will take effect
unless the invalid provisions are inseparable from the others, and may be worded as such:
in which case the nullity the former vitiates the latter
This Act shall take effect fifteen (15) days after its publication
in at least two (2) newspapers of general circulation.
ENACTING CLAUSE
It is written immediately after the title and states the authority
by which the act is enacted. Here is a brief history of the PRESIDENTIAL ISSUANCES
development and transition of the enacting clause: Presidential issuances are those which the president issues in the
• Philippine Commission – “ By authority of the President of exercise of ordinance power. It has the force and effect of laws.
the US, be it enacted by the US Philippine Commission” • i.e. EO (executive order), AO (administrative orders),
proclamations, MO (memorandum orders), MC (memorandum
• Philippine Legislature – “ by authority of the US, be it
circulars), and general orders or special orders.
enacted by the Philippine Legislature”
• When Philippine Legislature became Bicameral – “Be it enacted • Executive Orders (EO)
by the Senate and House of Representatives of the Philippines
in legislature assembled and by authority of the same”
- acts of the President providing for rules of a general or
permanent character in the implementation or execution of
• Commonwealth – “Be it enacted by the National Assembly of constitutional/ statutory powers.
the Philippines
- do not have the force and effect of laws enacted by congress
• When Commonwealth became Bicameral – “Be it enacted by
- different from EO issued by the President in the ex of her
the Senate and House of Representatives in congress
legislative power during the revolution Presidential decree
assembled” – same 1946-1972/1987-present.
under the freedom constitution
• Batasang Pambansa – “Be it enacted by the Batasang
Pambansa in session assembled” • Administrative Orders (AO)
• Presidential Decree (PD) – “ NOW THEREFORE, I ______ - acts of the President which relate to particular aspects of
President of the Philippines, by the powers vested in me by the governmental operations in pursuance of his duties as
Constitution do hereby decree as follows” administrative head
• Executive Order (EO) – “Now, therefore, I, ____ hereby
order” • Proclamations
- acts of the President fixing a date or declaring a statute or
condition of public moment or interest, upon the existence of
PREAMBLE which the operation of a specific law or regulation is made to
It is the prefatory statement or explanation or a finding of facts, depend
reciting the purpose, reason, or occasion for making the law to
which it is prefixed. Commonly found after enacting clause and • Memorandum Orders (MO)
before the body of the law. Usually not used by legislations
because content of the preamble is written in the explanatory
- acts of the President on matters of administrative details or
of subordinate or temporary interest which only concern a
note. Although, executive PDs and EOs have preambles.
particular officer or office of government
• Memorandum Circulars (MC)

BODY (PURVIEW) OF STATUTE
It is that part of statute which tells what the law is about. The - acts of the president on matters relating to internal
body of statute should embrace only one subject should only one administration which the President desires to bring to the
subject matter, even there provisions should be allied and attention of all or some of the departments, agencies,
germane to the subject and purpose of the bill. Since the statue bureaus, or offices of the government, for information of
is usually divided into section and which contains a single compliance
proposition, it has the following parts:
 short title • General Order (GO) / Specific Order (SO)
 policy section - acts and commands of the President in his capacity as
 definition section Commander-in-Chief of the AFP and PNP
 administrative section
 sections prescribing standards of conduct
 sections imposing sanctions for violation of its provisions
 transitory provision
 separability clause
 effectivity clause

SUPREME COURT CIRCULARS ADMINISTRATIVE RULE AND INTERPRETATION

As stated in Paragraph 5, Section 5, Article VIII of the 1987 DISTINGUISHED
Constitution, to wit: • Rule – “makes” new law with the force and effect of a valid
law; binding on the courts even if they are not in agreement
(5) Promulgate rules concerning the protection and with the policy stated therein or with its innate wisdom
enforcement of constitutional rights, pleading, practice, and • Interpretation – merely advisory for it is the courts that
procedure in all courts, the admission to the practice of law, finally determine what the law means
the Integrated Bar, and legal assistance to the underprivileged. • Administrative construction is not necessarily binding upon the
Such rules shall provide a simplified and inexpensive procedure courts; it may be set aside by judicial department (if there is
for the speedy disposition of cases, shall be uniform for all an error of law, or abuse of power or lack of jurisdiction or
courts of the same grade, and shall not diminish, increase, or grave abuse of discretion)
modify substantive rights. Rules of procedure of special courts
and quasi-judicial bodies shall remain effective unless
disapproved by the Supreme Court. ORDINANCE
It is an act passed by the local legislative body in the exercise of
As stated in Section 30, Article VI of 1987 Constitution, to wit: its law-making authority.
SECTION 30. No law shall be passed increasing the appellate TEST OF VALID ORDINANCE
jurisdiction of the Supreme Court as provided in this 1. Must not contravene the Constitution or any statute;
Constitution without its advice and concurrence. 2. Must not be unfair or oppressive;
3. Must not be partial or discriminatory;
It has been held that a law which provides that a decision of a 4. Must not prohibit but may regulate trade;
judicial or quasi-judicial body may be appealable directly to the 5. Must be general and consistent with public policy; and
Supreme Court, but if such statute were enacted without the 6. Must not be unreasonable.
advice and concurrence of the Supreme Court, then such statute
will be rendered ineffective and invalid. REASON WHY AN ORDINANCE SHOULD NOT CONTRAVENE
- Remedy or applicable procedure – go to CA A STATUTE
• Rules of Court – product of the rule-making power of the SC Local councils exercise only delegated legislative powers
conferred on them by Congress as the national law making body.
- Power to repeal procedural rules The delegate cannot be superior to the principal.
- No power to promulgate rules substantive in nature (unlike
the legislative department) BARANGAY ORDINANCE
• Substantive Rules – if it affects or takes away vested rights; • Sangguniang Barangay – smallest legislative body; may
right to appeal pass an ordinance by majority of all its members; subject to
• Procedural Rules – means of implementing existing right; review by Sangguniang Bayan / Panglungsod
where to file an appeal for transferring the venue • Sangguniang Bayan / Panglungsod – take action on the
• Rules and regulations issued by the administrative or executive ordinance within 30 days from submission; if there is inaction,
officers in accordance with and authorized by law, have the it is presumed to be consistent with the municipal or city
force and effect of law ordinance; if inconsistency is found, it will remand to the
Requisites for Validity Sangguniang barangay
- Rules should be germane to the objects and purposes of
the law MUNICIPAL ORDINANCE
• Lodged in the Sangguniang Bayan
- Regulations be not in contradiction with, but conform to,
• Majority of the quorum voting, ordinance is passed
the standards that the law prescribes
• Ordinance sent to Mayor within 10 days for approval or veto; if
- The be for the sole purpose of carrying into effect the there is mayor’s inaction, ordinance is presumed approved; if
general provisions of the law vetoed and overridden by 2/3 of all members, ordinance is
 Law cannot be restricted or extended approved
 Law prevails over regulations, if there are discrepancies • Approved ordinance is passed to Sangguniang Panlalawigan for
• Rule-making power of public administrative agency is a review
delegated legislative power and if it enlarges or restricts
then such statute is invalid
- Within 30 days may invalidate in whole or in part and its
action is final; if there’s inaction within 30 days, it is
deemed valid
ROLE OF FOREIGN JURISPRUDENCE
CITY ORDINANCE
Philippine laws must necessarily be construed in accordance with
• Vested in Sangguniang Panglungsod
the intention of its own law makers and such intent may be
• Majority of the quorum voting, ordinance is passed
deduced from the language of each law and the context of other
• Submitted to Mayor within 10 days
local legislation related thereof.
- Approve
- Veto – 2/3 of all members – approved
REQUISITES FOR DELEGATING A STATUTE -Inaction – deemed approved
by legislative branch to another branch of government to fill in
• If city or component city – submit to Sangguniang
details, execution, enforcement, or administration of law then the Panlalawigan for review which shall take action within 30
law must be:
days, otherwise, it will be deemed valid
1. Complete in itself
2. Fix a standard which may be express or implied
PROVINCIAL ORDINANCE
 Example of “standard” – simplicity and dignity; public • Sangguniang Panlalawigan – majority of quorum voting,
interest; public welfare; interest of law and order; justice and
passage of ordinance
equity and substantial merit of the case; adequate and • Forwarded to the Governor who within 15 days from receipt
efficient instruction
shall
 Change of “and/or” to “or” – invalid
 Change of “may” (permissive) to “shall” (mandatory) – - Approve
invalid (Grego v COMELEC pp 22) - Veto – 2/3 of all members – approved
- Inaction – deemed approved
BARANGAY MUNICIPAL CITY PROVINCIAL
Vested by Sangguniang Barangay Sangguniang Bayan Sangguniang Panlungsod Sangguniang Panlalawigan
Voting majority of quorum voting majority of quorum voting majority of quorum voting majority of quorum voting
Approving
- Mayor Mayor Governor
Officer
Days to
- within 10 days within 10 days within 15 days
Action
Reviewed Sangguniang Bayan or Sangguniang Panlalawigan Sangguniang Panlalawigan
-
by Panglungsod (if city or component city)
Presumed in 30 days (with municipal in 30 days (with provincial in 30 days (with provincial
Consistent -
or city ordinance) ordinance) ordinance)

IV. VALIDITY OF STATUTES: EFFECT AND OPERATION REQUISITES FOR EXERCISE OF JUDICIAL POWER
1. Existence of an actual case or controversy
2. Constitutional question must be raised by the proper party who
PRESUMPTIONS has legal standing
Presumption of the legislature to enact a valid, sensible, just law, 3. Constitutional question must be raised at the earliest
except when the law is clear. Laws are presumed constitutional. opportunity
To justify nullification of law, there must be a clear and 4. Necessity that the constitutional question be passed upon in
unequivocal breach of the constitution. order to decide the case, or its lis mota.
The theory is that, as the joint act of the legislative and executive
authorities, a law is supposed to have been carefully studied and EXISTENCE OF AN ACTUAL CASE OR CONTROVERSY
determined to be constitutional before it was finally enacted. Before the courts of law can decide on a constitutional question,
Thus, all laws are presumed valid and constitutional until or there has to be a case and an actual case or controversy. You
unless otherwise ruled by the Court. cannot just go to court and ask of for legal advisory opinion such
as asking about their opinion on the law of same sex marriage.
There has to be actual conflict of interest and conflicting claims
PRESUMPTION OF CONSTITUTIONALITY before the courts can validly act on a legal problem. It has to be
Every statute is presumed valid but the courts cannot inquire into a bona fide case, one which raises a justiciable controversy.
the wisdom or propriety of laws. Since judicial power is limited only to real, actual, earnest, and
- Lies on how a law is enacted vital controversy. A controversy that is justiciable is when it refers
to matter which is appropriate for court review; it pertains to
- Due respect must be accorded to the legislative who passed issues which are inherently susceptible of being decided on
and executive who approved
grounds recognized by law. Thus courts cannot rule on political
- Responsibility of upholding the constitution rests not on the questions, which are concerned with issues dependent upon the
courts alone but on the legislative and executive branches as wisdom (and not legality) of a particular act or measure being
well assailed.
• To declare a law unconstitutional, the repugnancy of the law to
the constitution must be clear and unequivocal  Petition for declaratory relief – petitioner asking for a
• All reasonable doubts should be resolved in favor of the declarative judgment to inquire into his rights or duties under
constitutionality of law; since to doubt is to sustain. a law, a contract, an ordinance, etc. An action for declaratory
• Final arbiter of unconstitutionality of law is the Supreme Court relief may satisfy the requirement on actual case because by
EN BANC (majority who took part and voted thereon). filing the petition, you are not merely asking for an advisory
• Nonetheless, trial courts have jurisdiction to initially decide the because the law is there already, and what you are asking the
issue of constitutionality of a law in appropriate cases. court is to declare what your rights and duties under a law that
is enacted. It is not therefore similar to a legal advisory opinion.
PRESUMPTION AGAINST INJUSTICE  Premature petition – it follows that if a petition is filed

The law should never be interpreted in such a way as to cause prematurely, said petition must be dismissed outright.
injustice as this never within the legislative intent. Supreme Court
interprets and apply the law in consonance with justice. Judges  Moot and academic – it follows that if the case is already
do not and must not unfeelingly apply the law as it is worded, mooted by subsequent events, said petition must be dismissed
yielding like robots to the literal command without regard to its outright.
cause and consequence. Since some laws may be arbitrary if
applied to a specific case because of peculiar circumstances. Thus
it is imperative to find a balance between the “word” and the EXCEPTIONS, TO MOOT AND ACADEMIC
“will” of the law. As stated in Article 10 of the Civil Code: “In  When the case presents a situation where there is a grave
case of doubt or application of the laws, it is presumed that the abuse or culpable violation of the Constitution.
lawmaking body intended to have right and justice prevail.”  When the case presents an issue which is of paramount public
interest
 When there is a need for the courts of law to formulate doctrinal
PRESUMPTION AGAINST IMPLIED REPEALS precepts for the guidance of the bench and the bar.
The two laws must be absolutely incompatible, and clear finding  When the issue in the case is capable of repetition yet evading
thereof must surface, before the inference of implied repeal may review
be drawn. In the absence of an express repeal, a subsequent law  Where there is a voluntary cessation of the activity complained
cannot be construed as repealing a prior law unless an of by the defendant or doer (Province of North Cotabato vs GRP
irreconcilable inconsistency and repugnancy exists in terms of the Peace Panel of Ancestral Domains)
new and old laws. The Legislature should be presumed to have  When there are still other issues that are still ripe for
know existing laws on subject and not to have enacted conflicting adjudication
statutes.
CONSTITUTIONAL QUESTION MUST BE RAISED BY THE

PRESUMPTION AGAINST INEFFECTIVENESS PROPER PARTY
In the interpretation of a statute, when the legislature intend to The person questioning the validity of an act must have the legal
impart to its enactments such a meaning that will render them standing. Otherwise, the petition will be dismissed. The party
operative and effective, the Court should start with the suing must have personal and substantial interest in the case
assumption that the legislature intended to enact an effective such that the party has sustained or will sustain direct injury as
statute. a result of governmental act that is being challenged.
PRESUMPTION AGAINST ABSURDITY What should be established if you are suing as a private
Statutes must receive a sensible construction such as will give citizen?
effect to the legislative intention so as to avoid an unjust and Demonstrate that you suffered an injury or you stand to suffer
absurd conclusion. Such presumption against undesirable an injury by reason of the act complained of. The person
consequences were never intended by a legislative measure. complaining must allege that he has been or is about to be denied
some right or privilege to which he is lawfully entitled or that he
is about to be subjected to some burdens or penalties by reason
PRESUMPTION AGAINST VIOLATION OF INTERNATIONAL of the statute or act complained of.80 When the issue concerns a
LAW public right, it is sufficient that the petitioner is a citizen and has
The Philippines as democratic and republican state adopts the an interest in the execution of the laws.81
generally accepted principles of international law as part of the
law of the land and adheres to the policy of peace, equality,
justice, freedom, cooperation, and amity with all nations as What should be established if you are suing as a taxpayer?
stated in Section 2, Article II of the 1987 Constitution. Demonstrate that there was illegal disbursement of public funds
and that they were derived pursuant to the taxing and
appropriation power of Congress; or deflected to an illegal
purpose, or that there is a wastage of public funds through the

enforcement of an invalid or unconstitutional law. The Court judge. Thus one can raise the issue at any stage of the
retains discretion whether or not to allow a taxpayer's suit. proceedings or on appeal.
NOTE: For a taxpayer suit to prosper, it is not enough that the  In civil cases
action involves illegal disbursement of public funds. It needs to A constitutional issue may also be raised at any stage if it is
be established also that the funds were actually collected by necessary in the final determination of the case. Similarly in
virtue of the taxing power of Congress and that the same are administrative proceedings, a constitutional issue may also be
spent pursuant to the appropriation power of Congress. raised if it has something to do with the jurisdiction of the courts,
except when estoppel comes in. (You already invoked the
decision of the court, you ask affirmative relief, and later on you
What should be established if you are suing as a legislator? question that it has no jurisdiction of the case)
Demonstrate that the act complained of would infringe your
prerogatives as a legislator. Alternatively said, any act of the
Executive that injures the institution of Congress causes a ANY SUCH QUESTION OR ISSUE MUST BE DECISIVE OF THE
derivative but nonetheless substantial injury that can be CASE.
questioned by legislators. A member of the House of The issue must be decisive or must be the lis mota of the case.
Representatives has standing to maintain inviolate the It is controlling, or it is necessary to resolve the issue, otherwise,
prerogatives, powers and privileges vested by the Constitution in the case may not be validly decided. Normally, even when the
his office.84 case involves a constitutional issue, if the courts can decide that
case without necessarily touching that particular issue, then the
courts of law should do that, out of respect to the other branches
What should be established if you are suing as an of the government. Because before a bill becomes a law, it has
organization? to be approved by Congress and the President. A law therefore is
An organization may be granted standing to assert the rights of the collective effort of Congress and the Office of the President.
its members, but the mere invocation by the Integrated Bar of So if a case is filed questioning the validity of a law, the courts
the Philippines or any member of the legal profession of the duty should be careful in dealing with the issue. If they can decide the
to preserve the rule of law does not suffice to clothe it with case without necessarily touching on that particular issue, then
standing. The organization must be a group of end-users or they have to do that.
persons who will be directly injured or affected by the  Where the constitutional question is of paramount public
governmental act being challenged. interest and time is of the essence in the resolution of such
question, adherence to the strict procedural standard may be
NOTE: As a rule, if a petition is filed by a person who has no legal relaxed and the court, in its discretion, may squarely decide
standing to bring the action, such petition must be dismissed the case
outright.
 Where the question of validity, though apparently has become
moot, has become of paramount interest and there is
What should be established if you are suing as a voter or undeniable necessity for a ruling, strong reasons of public
electorate? policy may demand that its constitutionality be resolved
Demonstrate that the act complained of somehow infringe your
rights as voter.
UNCONSTITUTIONAL LAW
A law can be declared unconstitutional if:
What should be established if you are suing as a local
government unit (LGU)? 1. Its enactment is not within the legislative powers of Congress,
As regards a local government unit (LGU), it can seek relief in 2. Arbitrary methods may have been established, and
order to protect or vindicate an interest of its own, and of the 3. The purpose or effect violates the Constitution or its basic
other LGUs. principles (See Bar Flunkers Law, In re: Cunanan case).
NOTE: Intervenors, meanwhile, may be given legal standing

upon showing of facts that satisfy the requirements of the law TEST FOR CONSTITUTIONALITY
authorizing intervention,88 such as a legal interest in the matter Judicial review is where a court determines whether or not the
in litigation, or in the success of either of the parties. government violated the Constitution. The process typically
begins with a person challenging a law (or government activity)
in court. The person challenging the law must have standing,
EXCEPTIONS meaning he must be a person affected by the law. Over the years,
There are instances wherein even if the case is filed by a person Justices of the Supreme Court created a number of tests to
who has no legal standing to bring the same, the case may still determine whether the government violated the Constitution or
be decided by the courts of law. not.
 When the issue of the case is of transcendental importance, of
great importance to the public. Three common tests that courts apply when they conduct judicial
 When what is asserted in a case is a public right. review are the rational basis, intermediate scrutiny, and strict
 When the petition questioning the validity of an act is filed by scrutiny tests. Each test considers two factors: what is the
way of a facial challenge. purpose of the law and how closely is the law related to that
purpose.
CONSTITUTIONAL QUESTION MUST BE RAISED AT THE

EARLIEST OPPORTUNITY - TIMELINESS
The issue questioning the validity of an act should be pleaded in
the initiatory complaint or petition. Otherwise, when one fails to
incorporate that issue in the complaint or petition itself, the issue
may no longer be taken up in the course of the trial and may not
be considered in the course of the revision of decision nor on
appeal. At the inception, you should already be questioning the
validity of an act or statute. Otherwise, it would not be regarded
as timely.
 constitutional question may be raised in a motion for
reconsideration / new trial in the lower court
EXCEPTION
 In criminal cases  RATIONAL BASIS TEST is the easiest test for the
Even if you did not at first raise a constitutional issue, you can government. The person objecting to the law must prove that
still raise such issue at the subsequent stages of the proceedings the law does not have a rational relationship to a legitimate
at the discretion of the judge. If you are the accused and you government purpose.
failed to question the validity of a law at the inception of the
proceedings, you can still raise the same at the discretion of the

 INTERMEDIATE SCRUTINY applies a more difficult test for DIFFERENCE BETWEEN REPEAL OF LAW AND LAW
the government because the government must prove that the DECLARED AS UNCONSTITUTIONAL
law serves an important purpose and there is a substantial Bases Repeal of Law Law Declared as
relationship between the law and the purpose. Unconstitutional
by acted by Legislative or acted by Judiciary
 STRICT SCRUTINY is the most difficult test because the authority Executive
government must prove that the law serves a compelling source laws is constructed law is constructed using
purpose and that the law is narrowly tailored or the least from the first law to be the Constitution
restrictive way to achieve that purpose. repealed
imposed Life, Liberty, or None
penalty Property
EFFECTS OF UNCONSTITUTIONAL STATUTES
• It confers no rights
• Imposes no duties EFFECT AND OPERATION
• Affords no protection When laws take effect
• Creates no office  As stated in Article 2 of the Civil Code, to wit:
• In general, inoperative as if it had never been passed
ARTICLE 2. Laws shall take effect after fifteen days
following the completion of their publication in the Official
RULE WHEN A LAW IS DECLARED UNCONSTITUTIONAL Gazette, unless it is otherwise provided. This code shall take
A. ORTHODOX VIEW - An unconstitutional law is no law at all. effect, one year after such publication.
It does not exist and did not exist at any time. Hence, it did not
create any obligation and confer any right nor attach any The effectivity provision refers to all statutes, including those
liability. Any transaction, event or facts that occurred under local and private, unless there are special laws providing a
the law that was declared unconstitutional are deemed different effectivity mechanism for particular statutes
illegal and void from the very beginning.
 As stated in Section 18 Chapter 5 (Operation and Effect of
Norton vs Shelby County: An unconstitutional act is not a law; Laws) Book I (Sovereignty and General Administration) of the
it confers no rights; it imposes no office; it is, in legal Administrative Code, to wit:
contemplation, inoperative, as if it has not been passed. It is
therefore stricken from the statute of books and considered SECTION 18. When Laws Take Effect. — Laws shall take
never to have existed at all. Not only the parties but all persons effect after fifteen (15) days following the completion of their
are bound by the declaration of unconstitutionality, which publication in the Official Gazette or in a newspaper of
means that no one may thereafter invoke it nor may the courts general circulation, unless it is otherwise provided.
be permitted to apply it in subsequent cases. It is, in other
words, a total nullity.  Effectivity of laws
B. MODERN VIEW – It is less stringent. This is when a legislative

- default rule – 15-day period
or executive act, prior to its being declared as unconstitutional - must be published either in the OG or newspaper of general
by the courts, is valid and must be complied with. circulation in the country; publication must be full
Shepard vs Barren: The court in passing upon the question of  The clause “unless it is otherwise provided” – solely refers to
constitutionality does not annul or repeal the statute if it finds the 15-day period and not to the requirement of publication.
it in conflict with the Constitution. It simple refuses to recognize
it and determines the rights of the parties just as if such statute When Presidential issuances, rules and regulations take effect
had no existence. The court may give its reasons for ignoring  The President’s ordinance power includes the authority to issue
or disregarding the law, but the decision affects the parties only EO, AO, Proclamations, MO, MC and general or specific orders
(Doctrine of pro hac vice) and there is no judgement against  Requirement of publication applies except if it is merely
the statute. The opinion or reasons of the court may operate interpretative or internal in nature not concerning the public
as a precedent for the determination of other similar cases, but - Those whose purpose is to enforce or implement existing law
it does not strike the statute from the books; it does not repeal, pursuant to a valid delegation or to fill in the details of a
supersede, revoke, or annul the statute. The parties to the suit statute; requires publication
are concluded by the judgement, but no one else is bound.
- Those which are merely interpretative in nature or internal;
does not require publication
What is the Doctrine of Operative Fact?
Acts done pursuant to a law which was subsequently declared
 Requirements of filing (1987 Administrative Code):
unconstitutional remain valid, but not when the acts are done
after the declaration of unconstitutionality. - Every agency shall file with the UP Law Center, three (3)
certified copies of every rule adopted by it. Rules in force on
Planters Products, Inc vs Fertiphil Corporation: The doctrine of the date of effectivity of this Code which are not filed within
operative fact, as an exception to the general rule, only applies 3 months from that date shall not thereafter be the basis of
as a matter of equity and fair play. It nullifies the effects of an any sanction against any party/ persons
unconstitutional law by recognizing that the existence of a
statute prior to a determination of unconstitutionality is an When local ordinance takes effect
operative fact and may have consequences which cannot  Unless otherwise stated, the same shall take effect 10 days
always be ignored. The past cannot always be erased by a new from the date a copy is posted in a bulletin board at the
judicial declaration. entrance of the provincial capitol or city, municipality or
barangay hall, AND in at least 2 other conspicuous places in
The doctrine is applicable when a declaration of the local government unit concerned
unconstitutionality will impose an undue burden on those who  The secretary to the Sangguinian concerned shall cause the
have relied on the invalid law. Thus, it was applied to a criminal posting not later than 5 days after approval; text will be
case when a declaration of unconstitutionality would put the disseminated in English or Tagalog; the secretary to the
accused in double jeopardy or would put in limbo the acts done Sangguinian concerned shall record such fact in a book kept for
by a municipality in reliance upon a law creating it. that purpose, stating the dates of approval and posting
 Gist of ordinance with penal sanctions shall be published in a
newspaper of general circulation within the respective province
concerned; if NO newspaper of general circulation in the
province, POSTING shall be made in all municipalities and cities
of the province where the Sanggunian of origin is situated
 For highly urbanized and independent component cities, main
features of the ordinance, in addition to the posting
requirement shall be published once in a local newspaper. In
the absence of local newspaper, in any newspaper of general
circulation

- Highly urbanized city, with minimum population of 200,000 accomplished in ten days from notice, then it means ten
and with latest annual income of at least 50M Php calendar days and NOT ten working days.
Statutes continue in force until repealed  Principle of “exclude the first, include the last” DOES NOT
 Permanent / Indefinite – law once established continues APPLY to the computation of the period of prescription of a
until changed by competent legislative power. It is not crime, in which said rule, states that if the last day in the period
changed by the change of sovereignty, except that of political of prescription of a felony falls on a Sunday or legal holiday,
nature any information concerning said felony cannot be filed on the
 Temporary – in force only for a limited period, and they next working day, as the offense has by then already
terminate upon expiration of the term stated or upon prescribed.
occurrence of certain events; no repealing statute is needed
Territorial and personal effect of statutes Case in Point: Municipality of San Juan vs CA (GR 125183, 28
 All people within the jurisdiction of the Philippines January 2000)
Case in Point: Tomas Leynes vs COA (GR 143596, 20 March

COMPUTATION OF TIME 1987)
 As stated in Article 13 of the Civil Code of the Philippines, to
wit: Case in Point: Vicente De La Cruz vs Edgardo Paras (GR L-
42571-72, 25 June 2013)
ARTICLE 13. When the laws speak of years, months, days
or nights, it shall be understood that years are of three Case in Point: Lorenzo Tanada vs Juan Tuvera (GR L-63915, 29
hundred sixty-five days each; months, of thirty days; days, December 1986)
of twenty-four hours; and nights from sunset to sunrise.
If months are designated by their name, they shall be

computed by the number of days which they respectively
have.
In computing a period, the first day shall be excluded, and

the last day included. (7a)
NOTE: A “week” means a period of seven consecutive days

without regard to the day of the week on which it begins.
 But Article 13 has been superseded by EO 292 enacted on July

25, 1987, entitled “Administrative Code of 1987”; as stated
in Section 31 Chapter 8, to wit:
Section 31. Legal Periods. - "Year" shall be understood to

be twelve calendar months; "month" of thirty days, unless it
refers to a specific calendar month in which case it shall be
computed according to the number of days the specific
month contains; "day," to a day of twenty-four hours; and
"night," from sunset to sunrise.
Under EO 292, a year is now equivalent to 12 calendar months

and not 365 days. Under Article 13 leap years are not
considered. For examples, in order to make a will, one has to
be 18 years old. But if you use Article 13, one loses 4 to 5 days
if you don‘t count the leap years. EO 292 is better than Article
13 since it is more realistic.
There should have been a definition of hours. That definition is

relevant for labor law. According to Professor Balane, an hour
should be defined as 1/24 of a calendar day. If you use the
definition that an hour is equal to 60 minutes, then we would
have to define minutes, then seconds, and so on. It would be
too scientific.
 As stated in Section 1 and 2, Rule 22 of the Rules of Court,

the computation of time can be as such:
RULE 22 Computation of Time
Section 1. How to compute time. — In computing any period

of time prescribed or allowed by these Rules, or by order of
the court, or by any applicable statute, the day of the act or
event from which the designated period of time begins to run
is to be excluded and the date of performance included. If
the last day of the period, as thus computed, falls on a
Saturday a Sunday, or a legal holiday in the place where the
court sits, the time shall not run until the next working day.
(a)
Section 2. Effect of interruption. — Should an act be done

which effectively interrupts the running of the period, the
allowable period after such interruption shall start to run on
the day after notice of the cessation of the cause thereof.
The day of the act that caused the interruption shall be

excluded in the computation of the period. (n)
• Where a statute requires the doing of an act within a specified

number of days, such as it orders something to be done or

AID TO CONSTRUCTION Intent or spirit of law

Where the meaning of a statue is ambiguous, the court is  It is the law itself.
warranted in availing itself of all illegitimate aids to construction  Controlling factor, leading star and guiding light in the
in order that it can ascertain the true intent of the statute. application and interpretation of a statute.
 A statute must be according to its spirit or intent.
The aids to construction are those found in the printed page of  The courts cannot assume an intent in no way expressed and
the statute itself; know as the intrinsic aids, and those extraneous then construe the statute to accomplish the supposed
facts and circumstances outside the printed page, called extrinsic intention; otherwise they would pass beyond the bounds of
aids. judicial power to usurp legislative power.
Policy of law
Which language controls?  Should be given effect by the judiciary.
As stated in Section 17, Chapter 4, Book 1 of Administrative Code  One way to accomplish this mandate is to give a statute of
of 1987, to wit: doubtful meaning, a construction that will promote public
policy.
Section 17. Official Languages. – Until otherwise provided by
law, Pilipino and English shall be the official languages.
2. EXPLANATORY NOTES
Likewise, as stated in Section 20, Chapter 5, of the Administrative Explanatory notes accompany or precede a bill filed by a
Code of 1987, to wit: legislator. Explanatory notes are not endorsed by parliament.
Potentially may contain much more immediate and valuable
Section 20. Interpretation of Laws and Administrative material than other aids regularly used by the courts.
Issuances. – In the interpretation of a law or administrative
issuance promulgated in all the official languages, the English
text shall control, unless otherwise specifically provided. In 3. LONG TITLE
case of ambiguity, omission or mistake, the other texts may be The long title is the proper, official, and formal name of the
consulted. statute. Its length cannot be limited; hence, a long title can be
as long as one whole page.
 It is used as an aid, in case of doubt in its language to its

V. AIDS IN INTERPRETATION AND CONSTUCTION – construction and to ascertaining legislative will; can aid in
INTRINSIC AID resolving an ambiguity in the legislation text but the long title
cannot enlarge or confer powers.
 If the meaning of the statute is obscure, courts may resort to
INTRINSIC AIDS the title to clear the obscurity.
 The title may indicate the legislative intent to extend or restrict
The term “intrinsic” means internal or within. Intrinsic aids, the scope of law, and a statute couched in a language of
therefore, are those aids within the statute. It is evidence in aid doubtful import will be constructed to conform to the legislative
of interpretation of a statute drawn from a source within the intent as disclosed in its title.
statute itself.  Resorted as an aid where there is doubt as to the meaning of
the law or as to the intention of the legislature in enacting it,
If the language of the statute is clear and unequivocal, there is and not otherwise.
no need to resort to intrinsic aids. Intrinsic aids are resorted to  Serve as a guide to ascertaining legislative intent carries more
only if there is ambiguity. In resorting to intrinsic aids, one must weight in this jurisdiction because of the constitutional
go back to the parts of the statute: the title, the preamble, requirement that “every bill shall embrace only one subject
context or body, chapter and section headings, punctuation, and who shall be expressed in the title thereof.
interpretation.  The constitutional injunction makes the title an indispensable
part of a statute.
INTRINSIC AIDS IN STATUTORY CONSTRUCTION When resort to title not authorized

1. Context or Text of the Statute  The text of the statute is clear and free from doubt, it is
2. Explanatory Notes improper to resort to its title to make it obscure.
3. Long Title  The title may be resorted to in order to remove, but not to
4. Preamble create doubt.
5. Short Title
6. Section Headings (Chapter, Article, Section) and side notes
7. Punctuations Is a title part of a statute?
8. Capitalization of Letters Under the Philippine Constitution, Yes. As stated in Section 26 (1)
9. Definition Sections and Interpretation Clauses in the Act of Article VI of the 1987 Constitution, to wit:
Article 26. (1) Every bill passed by the Congress shall be

1. CONTEXT OR TEXT OF THE STATUTE expressed in the title thereof.
 Subtitle of the statute as intrinsic aid in determining legislative
intent.
 To ascertain legislative intent is the statute itself taken as a 4. PREAMBLE
whole and in relation to one another considering the whole Also known as “whereas clauses”. The intent of the law as culled
context of the statute and not from an isolated part of the from its preamble and from the situation, circumstances and
provision. conditions it sought to remedy, must be enforced. Preamble used
 The meaning dictated by the context prevails. as a guide in determining the intent of the lawmaker.
 Every section, provision, or clause of the statute must be
expounded by reference to each other in order to arrive at the  It is a part of the statute written immediately after its title,
effect contemplated by the legislature. which states the purpose, reason for the enactment of the law.
 Usually express in whereas clauses.
Lingual text  Generally omitted in statutes passed by:
 Rule is that, unless provided, where a statute is promulgated - Phil. Commission
in English and Spanish, English shall govern but in case of
ambiguity, Spanish may be consulted to explain the English - Phil. Legislature
text. - National Assembly
 A statute is officially promulgated in Spanish or in English, or - Congress of the Phil
in Filipino
 In the interpretation of a law or administrative issuance
- Batasang Pambansa
 These legislative bodies used the explanatory note to explain
promulgated in all the official languages, the English text shall
the reasons for the enactment of statutes.
control, unless otherwise provided.
 Extensively used if Presidential decrees issued by the President
in the exercise of his legislative power.

 When the meaning of a statute is clear and unambiguous, the 8. CAPITALIZATION OF LETTERS
preamble can neither expand nor restrict its operation, much An aid of low degree in the construction of statute. It is a rule of
less prevail over its text. Nor can be used as basis for giving a hermeneutics that punctuation and capitalization are aids of low
statute a meaning. degree in interpreting the language of a statute and can never
 When the statute is ambiguous, the preamble can be resorted control against the intelligible meaning of the written words.
to clarify the ambiguity.
 Preamble is the key of the statute, to open the minds of the
lawmakers as to the purpose is achieved, the mischief to be 9. DEFINITION OF SECTIONS AND INTERPRETATION
remedied, and the object to be accomplished, by the provisions CLAUSES IN THE ACT
of the legislature. The Legislature has the power to embody in the statute itself a
 May decide the proper construction to be given to the statute. definition of its language as well as rules for its construction.
 May restrict to what otherwise appears to be a broad scope of These are usually binding upon the courts, since they form a part
law. of the statute, even though in the absence of such a definition or
 It may express the legislative intent to make the law apply rule of construction the language would convey a different
retroactively in which case the law has to be given retroactive meaning.
effect.
In the event that the definition found in the interpretation clause
is at variance with the intention of the lawmakers as expressed
5. SHORT TITLE in the plain language of the statute, that intention must prevail
The Short Title is merely the shorter version of the long title to over the legislative definition.
be adopted for easier reference to the statute.
What is the Doctrine of Associated Words?

6. SECTION HEADINGS (CHAPTER, ARTICLE, SECTION) noscitur a sociis
AND SIDE NOTES Provides that where a particular word or phrase in a statement is
Headnotes or epigraphs ambiguous in itself or is equally susceptible of various meanings,
 Secondary aids its true meaning may be made clear and specific by considering
 They are prefixed to sections, or chapters of a statute for ready the company in which it is found or with which it is associated.
reference or classification.
 Not entitled too much weight, and inferences drawn there from
are of little value and they can never control the plain terms of Case in Point: Florencio Eugenio vs ES (GR 109404, 22 January
the enacting clauses, for they are not part of the law. 1996; 252 SCRA 106)
 The provisions of each article are controlling upon the subject
thereof and operate as a general rule for settling such Case in Point: People vs Vicente Echaves, Jr. (GR L-47757-61,
questions as are embraced therein. 28 January 1980; 95 SCRA 663)
 When the text of a statute is clear and unambiguous, there is
neither necessity nor propriety to resort to the headings or Case in Point: Mapalad Aisporna vs CA (GR L-39419, 12 April
epigraphs of a section for interpretation of the text, especially 1982; 113 SCRA 459)
when they are mere reference aids indicating the general
nature of the text that follows.
 An epigraph, is a quotation set at the beginning of a literary
work or one of its divisions to suggest its theme. VI. AIDS IN INTERPRETATION AND CONSTUCTION –
EXTRINSIC AID
Side Notes
 Also known as marginal notes, are not practiced in Philippine
laws EXTRINSIC AIDS
 Marginal notes, are brief abstracts of the matter to which the
section relates, or a word or phrase descriptive of the subject- These are existing aids from outside sources, meaning outside of
matter, much resembling section-headings. the four corners of the statute. If there is any doubt as to the
 Marginal note is not part of the statute, not being considered meaning of the statute, the interpreter must first find that out
or passed upon the legislature. It is nothing more than an
within the statute.
abstract of the clause intended to catch the eye, and inserted
merely to facilitate reference to the statute and promote
convenience of the reader in examining it. Extrinsic aids therefore are resorted to after exhausting all the
available intrinsic aids and still there remain some ambiguity in
the statute.
7. PUNCTUATION MARKS
Punctuation marks are given much weight and consideration. Extrinsic aids resorted to by the courts are:
Thus, it is the duty of all officers of the court to cite the ruling  History of the enactment of the statute;
and decisions of the Supreme Court accurately, even “word-for-  Opinions and rulings of officials of the government called
word and punctuation mark-for-punctuation mark.” Otherwise, if upon to execute or implement administrative laws;
not faithfully and exactly quoted, the decisions and rulings of this  Contemporaneous construction by executive officers charged
Court may lose their proper and correct meaning, to the with implementing and enforcing the provisions of the
detriment of other courts, lawyers and the public who may statutes unless such interpretation is clearly erroneous;
thereby be misled.  Actual proceedings of the legislative body;
 Individual statements by members of congress; and
 To ascertain legislative intent is the statute itself taken as a  The author of the law
whole and in relation to one another considering the whole
context of the statute and not from an isolated part of the Other sources of extrinsic aids are:
provision.  Reports and recommendations of legislative committees;
 Semi-colon – used to indicate a separation in the relation of  Public policy;
the thought, what follows must have a relation to the same  Judicial construction; and
matter it precedes it.  Construction by the bar
 Comma and semi- colon are used for the same purpose to
divide sentences, but the semi – colon makes the division a It is a well-accepted principle that where a statute is ambiguous,
little more pronounce. Both are not used to introduce a new courts may examine both the printed pages of the published Act
idea. as well as those extrinsic matters that may aid in construing the
 Punctuation marks are aids of low degree and can never control meaning of the statute, such as the history of its enactment, the
against the intelligible meaning of written words.
reasons of the passage of the bill and purposes to be
 An ambiguity of a statute which may be partially or wholly
accomplished by the measure.
solved by a punctuation mark may be considered in the
construction of a statute.
 The qualifying effect of a word or phrase may be confined to its Individual statements by members of Congress on the floor do
last antecedent if the latter is separated by a comma from the not necessarily reflect legislative intent. The best interpreter of
other antecedents. the law or any of its provisions is the author of the law.
 An argument based on punctuation is not persuasive.

EXAMPLES OF EXTRINSIC AIDS to carry out such purpose. It may be used as a basis for giving a
1. Textbook and eminent writers on law statute a meaning that is inconsistent with what is expressed in
2. Dictionaries the text of the statute.
3. Treaties and International Conventions
4. Legislative History / Debates Legislative Debates, views and deliberations
5. Contemporary Construction / Construction by the Bar Courts may avail to themselves the actual proceedings of the
6. Other Statutes in pari materia
legislative body to assist in determining the construction of a
statute of doubtful meaning. There is doubt to what a provision
of a statute means, that meaning which was put to the provision
2. DICTIONARY
during the legislative deliberation or discussion on the bill may be
In the absence of statutory definition, we construe a statutory
adopted.
term in accordance with its ordinary or natural meaning.
Dictionaries, both legal, scientific, and general, may be consulted
Views expressed are as to the bill’s purpose, meaning or effect
by the courts, in proper cases, in the construction of a statute. It
are not controlling in the interpretation of the law. It is impossible
is indeed quite customary for judicial tribunals to turn to the
to determine with authority what construction was put upon an
standard lexicons for aid in determining the meaning to be
act by the members of the legislative body that passed the bill.
assigned to words of common speech or to technical terms. They
The opinions expressed by legislators in the course of debates
do not recognize these works as a binding authorities, which they
concerning the application of existing laws are not also given
are not induced, on other and more weighty considerations, to
decisive weight, especially where the legislator was not a member
adopt.
of the assembly that enacted the said laws.
When a statute is clear and free from ambiguity, courts will not
4. LEGISLATIVE HISTORY
inquire into the motives which influence the legislature or
The legislative history of a statute is the history of its
individual members, in voting for its passage; no indeed as to the
consideration and enactment which refers to the Congressional
intention of the draftsman, or the legislators, so far as it has not
and Senate records of proceedings, as well as to the evolution of
been expressed into the act.
the present law from previous laws relating to the same subject.
A statute is susceptible of several interpretations or where there
Reports of Commissions
is ambiguity in the language, there is no better means of
Commissions are usually formed to compile and collate all laws
ascertaining the will and intention of the legislature than that
on a particular subject and to prepare the draft of the proposed
which is afforded by the history of the statute.
code.
GENERAL RULE: In the interpretation of an ambiguous provision
Prior Laws from which statute is based
of law, the history of the enactment of the law may be used as
Courts are permitted to prior laws on the same subject and to
an extrinsic aid to determine the import of the legal provision or
investigate the antecedents of the statute involved. This is
the law. Legislative history necessitates review of the origin,
applicable in the interpretation of codes, revised or compiled
antecedents, and derivation of the law in question to discover the
statutes, for the prior law which have been codified, compiled or
legislative purpose or intent.
revised will show the legislative history that will clarify the intent
of the law or shed light on the meaning and scope of the codified
or revised statute.
What constitutes legislative history?
History of a statute refers to all its antecedents from its inception
Change in Phraseology by amendments
until its enactment into law. · Its history proper covers the period
and the steps done from the time the bill is introduced until it is Intents to change the meaning of the provision. A statute has
finally passed by the legislature. What it includes: undergone several amendments, each amendment using
different phraseology, the deliberate selection of language
 President’s message if the bill is enacted in response thereto, differing from that of the earlier act on the subject indicates that
 The explanatory note accompanying the bill a change in meaning of the law was intended and courts should
 Committee reports of legislative debate or investigations so construe that statute as to reflect such change in meaning.
 Public hearings on the subject of the bill
 Sponsorship speech Amendment by Deletion
 Debates and deliberations concerning the bill Deletion of certain words or phrases in a statute indicates that
 Changes in phraseology in which it undergoes before final the legislature intended to change the meaning of the statute, for
approval thereof.
the presumption is that the legislation would not have made the
 Amendment by deletion of certain provisions
deletion had the intention been not effect a change in its
 If the statute is based from a revision, a prior statute, the
latter’s practical application and judicial construction, meaning. A statute containing a provision prohibiting the doing
 Various amendments it underwent of a certain thing is amended by deleting such provision.
 Contemporary events
EXCEPTION: An amendment of the statue indicates a change in
President’s Message to Legislature meaning from that which the statute originally had applies only
The president shall address the congress at the opening of its when the intention is clear to change the previous meaning of the
regular session or appear before it at any other time. Usually old law. Rules don’t apply when the intent is clear that the
contains proposed legal measures. Indicates his thinking on the amendment is precisely to plainly express the construction of the
proposed legislation, when enacted into law, follows his line of act prior to its amendment because its language is not sufficiently
thinking on the matter. expressive of such construction. Frequently, words do not
materially affect the sense will be omitted from the statute as
Explanatory Note incorporated in the code or revised statute, or that some general
A short exposition of explanation accompanying a proposed idea will be expressed in brief phrases.
legislation by its author or proponent. Where there is ambiguity
in a statute or where a statute is susceptible of more than one Adopted Statutes
interpretation, courts may resort to the explanatory note to Foreign statutes are adopted in this country or from local laws
clarify the ambiguity and ascertain the purpose or intent of the are patterned form parts of the legislative history of the latter.
statute. Local statutes are patterned after or copied from those of another
country, the decision of the courts in such country construing
Used to give effect to the purpose or intent as disclosed in its those laws are entitled to great weight in the interpretation of
explanatory note. A statute affected or changed an existing law such local statutes.
and the explanatory note to the bill which has eventually enacted
into a law states that the purpose is too simply to secure the Limitations of Rule
prompt action on a certain matter by the officer concerned and A statute which has been adopted from that of a foreign country
not to change the existing law; the statute should be construed should be construed in accordance with the construction given it
in the country of origin is not without limitations.

Principles of Common Law  Are presumed to have familiarized themselves with all the
Known as Anglo-American jurisprudence which is no in force in considerations pertinent to the meaning and purpose of the
this country, save only insofar as it is founded on sound principles law, and to have formed an independent, conscientious and
applicable to local conditions and is not in conflict with existing competent expert opinion thereon
law, nevertheless, many of the principles of the common law have
been imported into this jurisdiction as a result of the enactment When Contemporaneous Construction disregarded
of laws and establishment of institutions similar to those of US.  When there is no ambiguity in the law.
 If it is clearly erroneous, the same must be declared null and
void.
Conditions at Time of Enactment
In enacting a statute, the legislature is presumed to have taken
Erroneous Contemporaneous Construction does not preclude
into account the existing conditions of things at the time of its
correction nor create rights; exceptions
enactment. In the interpretations of a statute, consider the
The doctrine of estoppel does not preclude correction of the
physical conditions of the country and the circumstances then
erroneous construction by the officer himself by his successor or
obtain understanding as to the intent of the legislature or as to
by the court in an appropriate case. An erroneous
the meaning of the statute.
contemporaneous construction creates no vested right on the
part of those relied upon, and followed such construction.
History of the Times
A court may look to the history of the times, examining the state
Legislative Interpretation
of things existing when the statute was enacted. A statute should
Take form of an implied acquiescence to, or approval of, an
not be construed in a spirit as if it were a protoplasm floating
executive or judicial construction of a statute. The legislature
around in space. In determining the meaning, intent, and purpose
cannot limit or restrict the power granted to the courts by the
of a law or constitutional provision, the history of the times of
constitution.
which I grew and to which it may be rationally supposed to bear
some direct relationship, the evils intended to be remedied and
Legislative Approval
the good to be accomplished are proper subjects of inquiry. Law
Legislative is presumed to have full knowledge of a
being a manifestation of social culture and progress must be
contemporaneous or practical construction of a statute by an
interpreted taking into consideration the stage of such culture
administrative or executive officer charged with its enforcement.
and progress including all the concomitant circumstances. Law is
The legislature may approve or ratify such contemporaneous
not a watertight compartment sealed or shut off from the contact
construction. May also be showmen by the legislature
with the drama of life which unfolds before our eyes.
appropriating money for the officer designated to perform a task
pursuant to interpretation of a statute. Legislative ratification is
What does not constitute a legislative history?
equivalent to a mandate.
In Coconut Oil Refiners Association vs Torres, it was held that
events occurring after the passage of the law cannot be part of
Reenactment
the legislative history of the law under interpretation.
Most common act of approval. The re-enactment of a statute,
previously given a contemporaneous construction is persuasive
indication of the adoption by the legislature of the prior
5. CONTEMPORARY CONSTRUCTION
construction. Re-enactment if accorded greater weight and
Are the constructions placed upon statutes at the time of, or after
respect than the contemporaneous construction of the statute
their enactment by the executive, legislative or judicial
before its ratification.
authorities, as well as by those who involve in the process of
legislation are knowledgeable of the intent and purpose of the
Stare Decisis
law. Contemporary construction is strongest in law.
stare decisis et non quieta movere - one should follow past
precedents and should not disturb what has been settled
Executive Construction, generally; kinds of
Judicial interpretation of a statute and is of greater weight than
Is the construction placed upon the statute by an executive or
that of an executive or administrative officer in the construction
administrative officer. Three types of interpretation:
 Construction by an executive or administrative officer directly of other statutes of similar import. It is an invaluable aid in the
called to implement the law. construction or interpretation of statutes of doubtful meaning.
 Construction by the secretary of justice in his capacity as the
chief legal adviser of the government. Supreme Court has the constitutional duty not only of
 Handed down in an adversary proceeding in the form of a ruling interpreting and applying the law in accordance with prior
by an executive officer exercising quasi-judicial power. doctrines but also of protecting society from the improvidence
and wantonness wrought by needless upheavals in such
Weight accorded to Contemporaneous Construction interpretations and applications. In order that it will come within
Where there is doubt as to the proper interpretation of a statute, the doctrine of stare decisis, must be categorically stated on an
the uniform construction placed upon it by the executive or issue expressly raised by the parties; it must be a direct ruling,
administrative officer charged with its enforcement will be not merely an obiter dictum
adopted if necessary to resolve the doubt. True expression of the
legislative purpose, especially if the construction is followed for a
obiter dictum – opinion expressed by a court upon some
considerable period of time.
question of law which is not necessary to the decision of the case
Weight accorded to Usage and Practice before it; not binding as a precedent. The principle presupposes
optimus interpres rerum usus - the best interpretation of the that the facts of the precedent and the case to which it is applied
law is usage are substantially the same. Where the facts are dissimilar, then
Common usage and practice under the statute, or a course of the principle of stare decisis does not apply.
conduct indicating a particular undertaking of it, especially where
the usage has been acquiesced in by all the parties concerned The rule of stare decisis is not absolute. It does not apply when
and has extended over a long period of time. there is a conflict between the precedent and the law. The duty
of the court is to forsake and abandon any doctrine or rule found
Construction of Rules and Regulations to be in violation of law in force · Inferior courts as well as the
This rule-making power, authorities sustain the principle that the legislature cannot abandon a precedent enunciated by the SC
interpretation by those charged with their enforcement is entitled except by way of repeal or amendment of the law itself.
to great weight by the court in the latter’s construction of such
rules and regulations.
Case in Point: Misael Vera vs Serafin Cuevas (GR L-33693-94,
Reasons why contemporaneous construction is given much 31 May 1979; 90 SCRA 379)
weight
 It is entitled to great weight because it comes from the Case in Point: Cecilio De Villa vs CA (GR 87416, 8 April 1991;
particular branch of government called upon to implement the 195 SCRA 722)
law thus construed.

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UNIVERSITY OF SAN CARLOS 2018 STATUTORY CONSTRUCTION

COMPILED BY: LICINIO LOPEZ, MD (09/17) per angusta ad augusta Page 1 of 19

4. Free or Unrestricted Interpretation – proceeds simply on 6. Casus Omissus

The rule of casus omissus pro omisso habendus est can

BASIC GUIDELINES IN CONSTRUCTION AND 7. Stare Decisis

Every statute is understood by implication, to contain all such

COMPILED BY: LICINIO LOPEZ, MD (09/17) per angusta ad augusta Page 2 of 19

Legislative power – makes the law

Case in Point: Socorro Ramirez vs CA (GR 93833, 25 September

DUTY OF THE COURTS TO CONSTRUE AND INTERPRET THE

Ambiguity exists if reasonable persons can find different

COMPILED BY: LICINIO LOPEZ, MD (09/17) per angusta ad augusta Page 3 of 19

JUDICIAL RULINGS HAVE NO RETROACTIVE EFFECT

COMPILED BY: LICINIO LOPEZ, MD (09/17) per angusta ad augusta Page 4 of 19

Case in Point: Olivia Pascual vs Esperanza Pascual-Bautista (GR

What is statute law?

 SPECIAL LAW – relates to particular person or things of a

 LOCAL LAW – operation is confined to a specific place or

 PUBLIC LAW – affects the public at large; a general

 PRIVATE LAW – applies only to a specific person or subject;

 PERMANENT LAW - one whose operation is not limited in

 TEMPORARY LAW - duration is for a limited period of time

 REMEDIAL LAW – providing means or method whereby

 CURATIVE LAW – a form of retrospective legislation which

COMPILED BY: LICINIO LOPEZ, MD (09/17) per angusta ad augusta Page 5 of 19

CONCEPT OF VAGUE STATUTES

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ENACTMENT OF STATUTES have opportunity of being heard thereon by petition or

CONGRESS LEGISLATIVE POWER

CONSTITUTIONAL BASIS 1. PREPARATION OF THE BILL

3. COMMITTEE CONSIDERATION / ACTION

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4. SECOND READING 10. PRESIDENTIAL ACTION OR INACTION ON THE BILL

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COMPILED BY: LICINIO LOPEZ, MD (09/17) per angusta ad augusta Page 9 of 19

• When there is compliance with Requirement REPEALING CLAUSE

• Memorandum Circulars (MC)

COMPILED BY: LICINIO LOPEZ, MD (09/17) per angusta ad augusta Page 10 of 19

SUPREME COURT CIRCULARS ADMINISTRATIVE RULE AND INTERPRETATION

COMPILED BY: LICINIO LOPEZ, MD (09/17) per angusta ad augusta Page 11 of 19

PRESUMPTION AGAINST INJUSTICE  Premature petition – it follows that if a petition is filed

CONSTITUTIONAL QUESTION MUST BE RAISED BY THE

COMPILED BY: LICINIO LOPEZ, MD (09/17) per angusta ad augusta Page 12 of 19

NOTE: Intervenors, meanwhile, may be given legal standing

CONSTITUTIONAL QUESTION MUST BE RAISED AT THE

COMPILED BY: LICINIO LOPEZ, MD (09/17) per angusta ad augusta Page 13 of 19

B. MODERN VIEW – It is less stringent. This is when a legislative

COMPILED BY: LICINIO LOPEZ, MD (09/17) per angusta ad augusta Page 14 of 19

Case in Point: Tomas Leynes vs COA (GR 143596, 20 March

If months are designated by their name, they shall be

In computing a period, the first day shall be excluded, and

NOTE: A “week” means a period of seven consecutive days

 But Article 13 has been superseded by EO 292 enacted on July

Section 31. Legal Periods. - "Year" shall be understood to

Under EO 292, a year is now equivalent to 12 calendar months

There should have been a definition of hours. That definition is

 As stated in Section 1 and 2, Rule 22 of the Rules of Court,

RULE 22 Computation of Time