TWO (2) REQUISITES IN CONSTRUING AND INTERPRETING A LAW:

CHAPTER 1: PRELIMINARY CONSIDERATIONS 1. There must be an actual case or controversy

o A case brought to the court by party litigants to hear and settle their disputes
2. There is ambiguity in the law involved in the controversy.
STATUTORY CONSTRUCTION o The law involved is susceptible of two or more interpretations
- Defined as the art or process of discovering the meaning and intention of the authors o Ambiguity – when there is doubtfulness, doubleness of meaning, duplicity,
of the law with respect to its application to a given case, where that intention is indistinctiveness, or uncertainty of meaning of an expression used in a written
rendered doubtful, among others, by reason of the fact that the given case is not instrument. It exists if reasonable persons can find different meanings in a
explicitly provided for in the law (Caltex v. Palomar) statute, document, etc.
- The art of seeking the intention of the legislature in enacting a statue and applying it ▪ A condition of admitting two or more meanings, of being understood
to a given state of facts (Justice Martin) in more than one way, or of referring to two or more things at the same
- That branch of law dealing with the interpretation of laws enacted by a legislature time
(American Jurisprudence) o Patent Ambiguity – that which appears on the face of the instrument and
arises from the defective, vague, obscure, or insensible language used.
INTERPRETATION
- Art or process of discovering and expounding on the intended signification of the • The first and fundamental duty of the Courts is to apply the law. When the law is clear
language used, that is, the meaning which the authors of the law designed it to and unequivocal, the Court has no other alternative but to apply and not to interpret
convey to others (Black) (Verba Legis or Plain Meaning Rule).

CONSTRUCTION INTERPRETATION • Stated differently, the Court cannot shy away from applying the law when no interpretation
is needed no matter how harsh the law may be (Dura Lex Sed Lex).
Drawing of conclusions with respect to Process of discovering the true meaning of o The duty of the Courts is to apply the law disregarding their feeling of sympathy or
subjects that are beyond the direct the language used pity for the accused.
expression of the text from the elements
known and given in the text
• No process of interpretation or construction need be resorted to where a provision of law
peremptorily calls for application. Equity and equitable principles only come into full play
Seeks the assistance of extrinsic aids in Endeavors to ascertain the meaning of a
order to determine whether a given case word found in a statute and is limited to when a gap exists in the law and jurisprudence.
falls within a statute exploring the written text
DIFFERENT KINDS OF CONSTRUCTION AND INTERPRETATION
o Hermeneutics – science or art of construction and interpretation
o Legal Hermeneutics – systematic body of rules which are recognized as applicable
SITUS OF CONSTRUCTION AND INTERPRETATION
to the construction and interpretation of legal writings
- Purpose of construction and interpretation: ascertain and give effect to the legislative
o Dr. Lieber’s Classifications:
intent. It further hints to what branch of government does construction and
1. Close Interpretation – literal interpretation; adopted if just reasons connected
interpretation of written laws belong.
with the character and formation of the text induce as to take the words in their
- In our system of government, the legislative power is vested in the Congress (makes
narrowest meaning
the law); the executive is vested in the President (enacts the law); and the judicial
2. Extensive Interpretation – liberal interpretation; adopts a more comprehensive
power is vested in one Supreme Court and in such lower courts as may be
signification of the words
established by law (interprets the law).
3. Extravagant Interpretation – substitutes a meaning evidently beyond the true
- The situs of construction and interpretation of written laws belong to the judicial
one; not a genuine interpretation
department.
4. Free or Unrestricted Interpretation – proceeds simply on the general
o Under the principle of checks and balances, courts may declare legislative
principles of interpretation in good faith
measures or executive acts unconstitutional.
5. Limited or Restricted Interpretation – when we are influenced by other
principles than the strictly hermeneutic ones
JUDICIAL POWER
6. Predestined interpretation – takes place if the interpreter, laboring under a
- Includes the duty of the courts to settle actual controversies involving rights which
strong bias of mind, makes the text subservient to his preconceived views and
are legally demandable and enforceable, and determine whether or not there has
desires
been a grave abuse of discretion amounting to lack or excess of jurisdiction on the
part of any branch or instrumentality of the government.
• Our laws are interpreted either literally, strictly or liberally, and prospectively or
retrospectively.
• Most common subjects of construction and interpretation: Constitution, statutes which
include ordinances, resolutions, executive orders, and department circulars
 under the present system) certifies in writing as to the necessity of the immediate
CHAPTER 2: STATUTES enactment of the bill to meet a public calamity or emergency.

h. The bill is then calendared for the third and final reading. At this stage, no amendment
LEGISLATIVE PROCEDURES shall be allowed. Only the title of the bill is read and the National Assembly will then vote
- “The legislative power shall be vested in the Congress of the Philippines which consist on the bill. The yeas or nays are entered in the journal. It appears that only a majority of
of a Senate and a House of Representatives.” – authority to make, alter, & repeal laws. the members present constituting a quorum is sufficient to pass the bill.
- Bill → Act → Statute
o Bill – draft of a proposed law from the time of its introduction in a legislative body Note: Quorum is a sufficient number of members of National Assembly or Congress to
through all the various stages in both houses transact its daily business. Usually, it is 51% of the number of the body or 50% + 1
▪ Draft – form of a proposed law before it is enacted into law by vote of the depending on their internal rules.
legislative body
o Act – term after a bill has been acted on and passed by the legislature Note: If the NO vote wins, the proposed bill is dead.
o Statute – written will of the legislature solemnly expressed according to the form
At this stage lies the difference between the parliamentary system enshrined in the 1973
necessary to constitute it as a law of the state
Constitution and the present 1987 Constitution. Under our present set-up, after the third
▪ Statute law – broader since it includes the statute, its judicial interpretation, and
and final reading at one House where the bill originated, it will go to the other House
the application of its enactment
where it will undergo the same process, meaning another three readings on separate
days. Moreover, if there is a variance in the proposed bill by the House of Representatives
HOW DOES A BILL BECOME A LAW – STEPS
and the Senate version of the bill, it may pass through the powerful bicameral conference
Let us take the passage of a bill in a parliamentary system (unicameral assembly):
committee which can introduce amendments to suit both houses of Congress. This is also
known as the compromise bill.
a. A member of the National Assembly may introduce the proposed bill to the Secretary of
the National Assembly who will calendar the same for the first reading. Of course, the Note: There can also be a simultaneous parallel discussion of a bill by both houses of
proponent must affix his signature in the proposed bill stating his purpose. congress, which usually happens on urgent legislative measure.

b. In the first reading, the bill is read by its number and title only. Note: At this stage, the original bill conceived by the original author may no longer be his
proposed bill
c. After the first reading, the bill is referred by the Speaker to the appropriate committee for
study. At this stage, the appropriate committee will conduct public hearings. It must call i. After the bill has been finally passed, it will be submitted to the Prime Minister (President)
all necessary parties, persons, organizations, or sectors of societies involved to obtain for his approval. If he approves the same, he shall sign it, otherwise, he shall veto it and
their reactions and feelings on the proposed bill. return the same with his objections to the National Assembly (House where it originated)
and, if approved by two-thirds of all its members, shall become a law.
Then after the public hearing, the committee shall decide on whether or not to report the
bill favorably or whether a substitute bill should be considered. Under the present set-up, the house where the bill originated can proceed to reconsider
the vetoed bill. After such reconsideration, if two-thirds of all the members of the house
Note: Should there be an unfavorable report of the committee, then the proposed bill is shall agree to pass the bill, it shall be sent, together with the objections, to the other house
dead. by which it shall likewise be reconsidered, and if it is approved by two-thirds of all the
members of that House, it shall become a law. In all such cases, all the votes of each
d. Upon favorable action by the appropriate committee, the bill is returned to the National House shall be determined by yeas and nays and the names of the members voting for
Assembly and shall be calendared for the second reading. or against shall be entered in its journal.

e. In the second reading, the bill is read in its entirety. Every bill passed by Congress shall be acted upon by the President within thirty (30) days
from receipt thereof. Otherwise, it shall become a law as if he had signed it. In other
f. Immediately after the second reading, the bill is set for open debates where members of words, there can be no presidential inaction or pocket veto under our Constitution.
the assembly may propose amendments and insertions to the proposed bill.
CONSTITUTIONAL TEST IN THE PASSAGE OF A BILL
Note: After the amendments and insertions to the proposed bill, the ideal bill conceived Insofar as the mechanical procedure in the passage of a bill is concerned, there are
by the author may no longer be an ideal bill or vice versa, i.e., it may become a better bill three (3) very important constitutional requirements.
after deliberations and debates which should be the proper case.
I. One Title-One Subject Rule
g. After the approval of the bill in its second reading and at least three (3) calendar days
Every bill passed by Congress shall embrace only one subject which shall be
before its final passage, the bill is printed in its final form and copies thereof distributed to
expressed in the title thereof. The purposes of this constitutional requirement are:
each of the members of the National Assembly, unless the Prime Minister (President
 (1) To prevent hodgepodge or log-rolling legislation; 6. Saving Clause – restriction in a repealing act, which is intended to save rights, pending
(2) To prevent surprise or fraud upon the legislature; and proceedings, penalties, etc. that would result from the annihilation from an unrestricted
(3) To fairly apprise the people, through such publications of legislative repeal
proceedings as is usually made, of the subjects of legislation that are being 7. Separability Clause – provides that in the event that one or more provisions are
considered, in order that they may have the opportunity of being heard declared void or unconstitutional, the remaining provisions shall still be in force
thereon by petition or otherwise, if they shall so desire. 8. Effectivity Clause – part which announces the effective date of the law

II. Three Reading and No Amendment Rules KINDS OF STATUTES

No bill passed by either House shall become a law unless it has passed three readings 1. General Law – affects the community at large; of a general nature
on separate days, and printed copies thereof in its final form have been distributed to 2. Special Law – designed for a particular purpose, or limited in range, or confined to a
each member three days before its passage except when the President certifies to the prescribed field of action on operation
necessity of its immediate enactment to meet a public calamity or emergency. Upon 3. Local Law – relates or operates over a particular locality instead of a whole territory
the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon 4. Public Law – general classification of law; may be general, local, or special
shall be taken immediately thereafter, and the yeas and nays entered in the journal. 5. Private Law – defines, regulates, enforces, and administers relationships among
individuals, associations, and corporations
The rule is designed to prevent hasty and improvident legislation and afford the 6. Remedial Statute – provides means or method whereby causes of action may be
legislators time to study and deliberate the measures. effectuated, wrongs redressed, or relief obtained
7. Curative Statute – form of retrospective legislation; corrects errors & irregularities
Note: The “no amendment rule” refers only to the procedure to be followed by each 8. Penal Statute – defines criminal offenses, specifies corresp. fines and punishments
house of Congress with regard to bills initiated in each of said respective houses, before 9. Retrospective Law – applicable only to cases which shall arise after its enactment
said bill is transmitted to the other house for its concurrence and amendment. 10. Affirmative Statute – in affirmative or mandatory terms; directs the doing of an act
11. Mandatory Statutes – statutes which require a course of action; “shall”
III. Executive Approval and Veto Power o Mandatory – its omission renders the related proceedings void;
Every bill passed by Congress shall, before it becomes a law, be presented to the o Directory – its observance is not necessary to the validity of the proceedings;
President. If he approves the same, he shall sign it; otherwise, he shall veto it and relates to form and manner; the act is incidental or acquired after jurisdiction
return the same with his objections to the House where it originated, which shall enter
the objections at large in its journal and proceed to reconsider it. JUDICIAL DOCTRINE
- The judicial interpretation of a statute, which constitutes part of the law as of the date
If, after such reconsideration, two-thirds of all the members of such House shall agree it was originally passed since the Court’s construction, merely establishes the
to pass the bill, it shall be sent, together with the objections, to the other House by contemporaneous legislative intent that the interpreted law carried into effect. Such
which it shall likewise be reconsidered, and if approved by two-thirds of all the members judicial doctrine does not amount to the passage of a new law but consists merely of a
of that House, it shall become a law. construction or interpretation of a pre-existing one.

The President shall communicate his veto of the bill to the house where it originated CONCEPT OF VAGUE STATES
within thirty (30) days after the date of receipt thereof; otherwise, it shall become a law - As a rule, a statute or act is said to be vague when it lacks comprehensible standards
as if he had signed it. that men “of common intelligence must necessarily guess at its meaning and differ
as to its application.”
This requirement is mandatory and can be considered as part of the checks and - It is repugnant to the Constitution in two respects:
balances principle. (1) It violates due process for failure to accord persons, especially the parties
targeted by it, fair notice of conduct to avoid; and
PARTS OF STATUTE (2) It leaves law enforcers unbridled discretion in carrying out its provisions and
1. Title – heading on the preliminary part, usually prefixed to the statute in the form of a becomes an arbitrary flexing of the Government muscle.
brief summary of its contents; “An Act…” - The “vagueness doctrine” merely requires a reasonable degree of certainty for the
2. Preamble – part which explains the reasons and the objects sought to be statute to be upheld.
accomplished for its enactment; “whereas”
o Declaration by the legislature of the reasons for the passage of the statute REPEALS OF STATUTES
3. Enacting Clause – part which declares its enactment and serves to identify it as an 1. Express Repeal – is the abrogation or annulling of a previously existing law by the
act of legislation proceeding from the proper legislative authority; “be it enacted” enactment of a subsequent statute which declares that the former law shall be revoked
4. Body – main and operative part of the statute containing its substantive and even and abrogated
procedural provisions 2. Implied Repeal – happens when a later statute contains provisions so contrary to or
5. Repealing Clause – announces the prior statues or specifies provisions which have irreconcilable with those of the earlier law that only one of the two statutes can stand
been abrogated by reason of the enactment of the new law in force
 ▪ Two Categories of Implied Repeal:
1. Irreconcilable Conflict or Inconsistency – Two statues on the same CHAPTER 3: BASIC GUIDELINES IN THE CONSTRUCTION
subject matter are so clearly inconsistent and incompatible with each AND INTERPRETATION OF LAWS
other that they cannot be reconciled or harmonized
2. Substitute – The later act covers the whole subject of the earlier one
and is clearly intended as a substitute LEGISLATIVE INTENT
o The repeal of a penal law deprives the courts of the jurisdiction to punish persons charged - The object of all interpretation and construction of statutes is to ascertain the meaning
with a violation of the old penal law prior to its repeal. and intention of the legislature, to the end that the same may be enforced.
o Only a law can repeal another law. Article 7 of the Civil Code provides: - Legislative intent for construction purposes refers to the objective footprints left on the
▪ Article 7. Laws are repealed only by subsequent ones and their violation or non- trail of legislative enactment; is determined principally from the language of the statute.
observance shall not be excused by disuse, or custom, or practice to the contrary.
o Before there can be a repeal, there must be clear showing on the part of the lawmaker 1. VERBA LEGIS
that the intent in enacting the new law was to abrogate the old one. - Plain meaning rule
- If the statute is clear, plain, and free from ambiguity, it must be given its literal
ORDINANCE meaning and applied without interpretation.
- Ordinance – an act passed by the local legislative body in the exercise of its law- - The primary rule in addressing any problem relating to the understanding or
making authority. interpretation of a law is to examine the law itself to see what it plainly says.
- LGC of 1991: S. Brgy, S. Bayan, S. Panlungsod, S. Panlalawigan – These local
legislative bodies have the authority to approve ordinances and pass resolutions for 2. STATUTES AS A WHOLE
effective and efficient local governance. - Ut magis valeat quam pereat – that construction is to be sought which gives effect
to the whole of the statute – its every word
TEST OF VALID ORDINANCE - Legislative intent must be ascertained from the statute as a whole and not merely
An ordinance must conform to the following substantive requirements: of a particular provision
1. Not contravene the Constitution or any statute; - Words are not always used accurately by the legislature. The thought conveyed
2. Not be unfair or oppressive; by the statute in its entirety may reveal the inaccurate use.
3. Not be partial or discriminatory;
4. Not prohibit but may regulate trade; 3. SPIRIT AND PURPOSE OF THE LAW
5. Be general and consistent with public policy; and - Between two statutory interpretations, that which better serves the purpose of
6. Not be unreasonable. the law should prevail
In case of conflict between an ordinance and a statute, the ordinance must give way. - When the meaning of a statute according to the exact and literal import of its
words would lead to absurd or mischievous consequences, or would thwart or
REASON WHY AN ORDINANCE SHOULD NOT CONTRAVENE A STATUTE contravene the manifest purpose of the legislature in its enactment, it should be
- Because municipal governments are only agents of the national government. Local construed according to its spirit and reason
councils exercise only delegated legislative powers conferred on them by Congress as - Ube lex non distinguit nec nos distinguere debemos – where the law does not
the national law-making body. The delegate cannot be superior to the principal or distinguish, the courts should also not distinguish
express powers higher than those of the latter. - Cessante ratione legis, cessat ipsa lex – when the reason of the law ceases, the
law itself ceases
ROLE OF FOREIGN JURISPRUDENCE - Ratio legis est anima – the reason of the law is its soul
- Not per se controlling in the Philippines, the laws of which must necessarily be
construed in accordance with the intention of its own lawmakers and such intent may 4. IMPLICATIONS
be deduced from the language and the context of other local legislation related thereof - If the intent is expressed, there is nothing that can be implied. Nothing further is
- Doctrine of Processual Presumption – where foreign law is not pleaded, or even if needed to reveal the legislative intent.
pleaded, is not proved, the presumption is that foreign law is the same as ours. - Doctrine of Necessary Implications – what is implied in the statute is as much
o Should not be applied when its application would work undeniable injustice to a part thereof as that which is expressed
the citizens or residents of the forum. - Expressio unitus est exclusion alterius – the legislature would not have made a
specific enumeration in a statute had not the intention been to restrict its meaning

5. CASUS OMISSUS
- Casus omissus pro omisso habendus est – a person, object or thing omitted from
an enumeration must be held to have been omitted intentionally
- It can operate and apply only if and when the omission has been clearly
established
6. STARE DECISIS
- Stare decisis et non quieta movere – Follow past precedents and do not disturb
what has been settled
- Adherence to judicial precedence and not to unsettle things which are
established
- Matters already decided on the merits cannot be relitigated again and again
- Promotes stability in the law

CHAPTER 4: CONSTRUCTION AND INTERPRETATION OF WORDS & PHRASES

• Legislative intent can be ascertained from the language of the statute itself
• When the language of the statute is clear and unambiguous, it must be applied literally

1. WHEN THE LAW DOES NOT DISTINGUISH, COURTS SHOULD NOT DISTINGUISH
- Ube lex non distinguit nec nos distinguere debemos
- General words and phrases of a statute should ordinarily be accorded their
natural and general significance
- If the law makes no distinction, neither should the Court
- When the law does not make any exception, courts may not except something,
unless compelling reasons exist to justify it.

2. GENERAL AND SPECIFIC TERMS

- General Terms – are to receive a general construction; may be restrained and
limited by specific terms or provisions with which they are associated
o The rule is applicable only to cases wherein, except for one general term,
the items in an enumeration belong to or fall under one specific class
- Specific Terms – may sometimes be expanded to a general signification by the
consideration that the reason of the law is general

3. GENERAL TERMS FOLLOWING SPECIFIC TERMS

- Ejusdem generis – where general words follow an enumeration of persons or
things, by words of a particular, and specific meaning, such general words are not
to be construed in their widest extent, but are to be held as applying only to
persons or things of the same kind or class as those specifically mentioned

4. EXPRESS MENTION AND IMPLIED EXCLUSION

- Expressio unitus est exclusion alterius – the expression mention of one person,
thing, or consequence is tantamount to an express exclusion of all others
- Anything that is not included in the enumeration is excluded therefrom and a
meaning that does not appear nor is intended or reflected in the very language of
the statute cannot be placed therein

5. ASSOCIATED WORDS
- Noscitur a sociis – Where a particular word is equally susceptible of various
meanings, its correct construction may be made specific by considering the
company of terms in which it is found or with which it is associated