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Statutory- Construction
Pharmacy (University of Bohol)
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STATUTORY CONSTRUCTION
Atty. Ferdinand G.S. Gujilde
History of enactment
Evil sought to be prevented or cured
Essence of the law
No need to collect the subjective wishes of each member
But the objective footprints left in the trail of legislative
enactment
Legislative purpose, defined.
- Reason why the law was passed
- Is it to prevent mischief?
- Create new rights?
Legislative intent, distinguished from legislative purpose.
- Combined application of purpose and meaning is
legislative intent.
- Example: a statute prohibits operation of a motor vehicle
in a public highway while the driver is intoxicated
- Does motor vehicle include motorcycle?
- Does intoxication include influence o narcotics?
Legislative meaning, defined.
What the law means, by its language
- It comprehends, covers or embraces, limits or confines.
“The most brilliant mind cannot be compared to the palest
ink” – Chinese proverb
Statutory
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Construction, defined.
Art
Legislative intent
In enacting a statute
And applying it to a certain set of facts
Scope of construction.
- Intention is doubtful
- Ambiguity in language
- Ambiguity is thus a condition precedent for a statutory
construction.
Ambiguity, defined.
- Duplicity of meaning
Remedy of courts in case of ambiguity.
- Construe statute
- Give it meaning
- In accord with legislative intent
ILLUSTRATIVE CASE: FEDERATION OF FREE FARMERS V CA, G.R.
No. 41161 Sept 10, 1981
•
Purpose of construction.
- Ascertain
- And give effect
- Legislative intent
Construction distinguished from interpretation
- Interpretation: meaning of words, Construction: reads
between the lines
Legislative intent, defined.
Section 1 of RA 809, Sugar Act of 1952 provides:
“in the absence of written milling agreements between the
majority of planters and the millers of sugarcane in any milling
district in the Philippines xxx shall be divided between them”
Issues:
- What is the meaning of “in the absence of written milling
agreements?
- Does RA 809 apply even if there is a written milling
agreement different from the sharing proportion provided
by it?
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Does the phrase “any increase in participation granted
under this Act” exclude written agreement?
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RA 809 applies with or without written milling
agreements between the planter and the mill, even if its
literal interpretation says otherwise.
Legislative intent in enacting RA 809:
• In the 1950’s, planters staged a strike and
threatened not to plant sugar cane unless they
were given bigger share in the sugar industry and
sugar quota commitment.
• To remedy the problem, Congress enacted RA 809
to force planters to plant, centrals to mill and even
allowing the government to take over planting and
milling.
• The evil sought to be avoided by Congress is the
exploitation of laborers or “sacada” in terms of
wages and benefits.
• To make the Act operative with or without the
written milling agreement.
Legislative purpose in enacting RA 809 – to compel
continuous sugar production & grant laborer’s share in
the increased planter’s participation in the sugar produce.
Legislative meaning in enacting RA 809: Although
not clearly disclosed in the language of the Act, it
however indicates that the laborers should receive their
share for as long as sugar is produced and planters
receive increase participation.
Thus, to literally interpret these phrases is to defeat
legislative intent and purpose, which is to grant laborers
fair share in sugar produce.
Held:
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Legal hermeneutics, defined.
- Branch of science establishes principle and rules of
statutory construction
•
EXEGESIS: application
Different kinds of interpretation.
Close interpretation. - literal
Extensive interpretation. - liberal
Extravagant interpretation. – departs from the true meaning
Free or unrestricted interpretation. – based on general principles of
interpretation in good faith
Limited or restricted interpretation. –influenced by other principles
Predestined interpretation. –biased
Who has authority to construe law.
- Judiciary
Limitations on power to construe.
Judicial legislation –when a court, under the guise of
interpretation, modifies, amends, remodels or rewrites a statute
• Illustrative case:
CANET V DECENA G.R. No. 155344, January 20, 2004
FACTS: A businessman applied for permit to operate and maintain a
cockpit. But the mayor refused because there is no ordinance
empowering her to do so.
Contention of the businessman: He invokes a resolution
authorizing him to operate a cockpit and a municipal tax ordinance
providing for issuance of a mayor’s permit to operate businesses.
Contention of the mayor: The mayor refused. Under the Local
Government Code of 1991, the authority to give licenses for the
establishment, maintenance and operation of cockpits pertains to
the Sanggunian. Also, there is no ordinance authorizing her to do
so.
ISSUE:
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Can the municipal mayor be compelled to issue business permit in
the absence of ordinance empowering her to do so?
HELD:
• No. While there is a resolution allowing her to operate a
cockpit, there is no ordinance giving her similar authority.
• The municipal tax ordinance contains general provisions for
issuance of business permits but it is a short on specifics
prescribing reasonable fees for cockpit operation.
• The ordinance providing these specifics was withdrawn by
the Sanggunian.
• Otherwise, to compel the mayor to issue permit not only
violates Section 447 of the Local Government Code but also
encroaches on the mayor’s administrative prerogatives.
• Since cockpit operation was not enumerated in the
ordinance, it is excluded.
• The legislature would not have enumerated those covered if
it did not intend to limit.
• Express mention of one thing, person, act or consequence
exclude the others: Expressio unius est exclusion alterius.
• What is expressed puts an end to what is implied.
• Expressium facit cessare tocitum
• An omission at the time of enactment, whether careless o
calculated, cannot be judicially supplied even if wisdom
recommends it.
• If there is a legislative gap caused by omission, the
judiciary cannot fill that gap. Otherwise, it results in judicial
legislation.
QUESTION OF LEGISLATIVE WISDOM:
• Courts cannot pass upon questions of wisdom, justice or
expediency of legislation.
•
For a long as laws do not violate the constitution, the court
are limited to interpret and apply them, whether or not they
are wise or salutary.
Judicial non-interference on question of legislative
wisdom.
- Courts cannot pass upon questions of wisdom, justice or
expediency of legislation.
- For as long as laws do not violate constitution, the courts
are limited to interpret and apply them, whether or not
they are wise and salutary.
When to
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construe law.- (When does a court construe a law)
Existence of case before it
Actual case or controversy
Ambiguity
Requisites for statutory construction.
Executive construction of statutes.
- Persuasive but not binding upon the courts
Construction of a partly void statute.
- Valid portion may stand and be enforced if:
• Separable
• Independent
• Sufficient to make a complete, intelligible and
valid statute which carries out the legislative
intent
Effects of rules of construction upon courts.
- Not mandatory
- Unless expressly provided by statutes.
- But judicial decisions interpreting laws form part of our
legal system.
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Unless provided by statutes.
Examples:
- Article 10, Civil Code:
In case of doubt in the interpretation or application of
laws, it is presumed that the lawmaking body
intended right and justice to prevail.
- Section 4, Labor Code:
All doubts in the implementation and interpretation of
the provisions of this Code, including its implementing
rules and regulations, shall be resolved in favor of
labor.
PART II. SUBJECTS OF CONSTRUCTION
1.
2.
3.
4.
5.
6.
CONSTITUTION
STATUTES
ORDINANCES
RESOLUTIONS
EXECUTIVE ORDERS
DEPARTMENT CIRCULARS
it has become an understood part of its system, to which obedience
is expected and habitually yielded.” (Cooley, 1868)
Strong (1963) summarizes the definition of constitution by saying
that:
A constitution may be said to be a collection of principles according
to which the powers of the government, the rights of the governed,
and the relations between the two are adjusted. The constitution
may be a deliberate creation on paper; it may be found in one
document which itself is altered or amended as time and growth
demand; or it may be a bundle of separate laws given special
authority as the laws of the constitution. Or, again, it may be that
the bases of the constitution are fixed in one or two fundamental
laws while the rest of it depends for its authority upon the force of
custom. (p. 11)
Philippine Constitution, defined.
“a written instrument by which the fundamental powers of the
government are established, limited and defined, and by which
those powers are distributed among the several departments for
their safe and useful exercise and for the benefit of the body politic.”
(Malcolm and Laurel, 1936 as cited by Suarez, 2008)
Constitution, defined.
The fundamental law, written or unwritten, that establishes the
character of a government by defining the basic principles to which
a society must conform; by describing the organization of the
government and regulation, distribution, and limitations on the
functions of different government departments; and by prescribing
the extent and manner of the exercise of its sovereign powers.
A legislative charter by which a government or group derives its
authority to act.
A constitution is “that body of rules and maxims in accordance with
which the powers of sovereignty are habitually exercised.” Broadly
speaking, every state has some kind of a constitution—a leading
principle that prevails in the “administration of its government until
-Fundamental law of the land
-body of rules and maxims
-where powers of sovereignty are habitually exercised
-Written instrument
- Fundamental powers of the government are established, limited
and defined
- By which these powers are distributed among several departments
-For their safe and useful exercise
-For the benefit of the body politic
Nature of Constitution.
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Nature of Constitution can be defined as the relationship of the
government and its people. Each State have their own version of
their Preamble and Articles which makes their constitutions unique.
It is not acceptable for a State to exist without a Constitution
defining the relationship of the people governing the State and the
people who completes the State. Recognizes and declares inherent
rights and prerogative of a free people.
(De Leon and De Leon)
2.
A constitution is a legislation direct form the people, while a
statute is a legislation from the people’s representatives.
A constitution merely states the general framework of the
law and the government, while a statute provides the details
of the subject of which it treats.
Constitution – general principles and foundation of government,
relatively permanent in character
Statute – more detailed, tentative
Common parts of Constitution.
Constitution of liberty – bill of rights
Constitution of government – framework of
government
Constitution of sovereignty – procedure for amending
the Constitution
1.
Constitution of government—its provisions should set the
“framework of government
and its powers,” and define the electorate. (De Leon and De
Leon)
2.
securing the enjoyment of these rights.” (De Leon and De
Leon)
3.
Constitution of sovereignty—its provisions should point
out “the mode or procedure for
amending or revising the constitution.” (Garner as cited by De Leon
and De Leon)
Constitution distinguished from statute.
1.
people” and impose “certain limitations o the powers of the
government as a means of
Constitution of liberty—its provisions should set forth the
“fundamental rights of the
Kinds of Constitution.
Written and unwritten.
As to their form:
1. Written—one which has been given definite written form at
a particular time, usually a
constituted authority called a “constitutional convention” (De
Leon and De Leon). A
written constitution is a codified single document. It is an
enacted constitution.
2. Unwritten—“a product of political evolution, consisting
largely of a mass of customs, usages and judicial decisions
together with a smaller body of statutory enactments of a
f u n d a m e n t a l c h a r a c t e r, u s u a l l y b e a r i n g d i f f e r e n t
dates” (Garner, n.d. as cited by De Leon and De Leon). To
this effect, the British Constitution is said to be unwritten
because it is an “un-codified constitution in the sense that
there is no single document that can be classed as Britain's
constitution. The British Constitution can be found in a
variety of documents.” (Trueman, 2012)
Note: Strong (1963) argues that classifying constitutions as written
and unwritten is a false distinction. This is so because “there is no
constitution which is entirely unwritten and no constitution entirely
written.
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constitution that can be altered or amended without special
machinery is a flexible constitution.”
Cumulative and conventional.
As to their origin and history:
a. Conventional or enacted—“enacted by a constituent assembly
or granted by a monarch to
his subjects like the Constitution of Japan in 1889” (De Leon and De
Leon). By being enacted, this means that a constitution is the result
of a legal action of a body of persons whose task is to make laws. As
for the Japanese Constitution of 1889, this law is “largely the
handiwork of the genro (elder statesman) Itō Hirobumi, [who] called
for a bicameral parliament (the Diet) with an elected lower house
and a prime minister and cabinet appointed by the emperor.” (Meiji,
2012, para. 1)
Statute, defined.
Statute is an act of legislature as an organized body expressed in
the form, passed according to the procedure, required to constitute
it as part of the law of the land.
A statute is a written law passed by a legislature on the state or
federal level. It may forbid a certain act, direct a certain act, make a
declaration or set forth a governmental action to aid society. A
statute begins as a bill and after it is passed by both houses and by
the executive officer, the bill becomes a law.
b. Cumulative or evolved—“is a product of growth or a long
period of development originating in customs, traditions, judicial
decisions, etc. rather from a deliberate and formal enactment.” An
example of this is the English Constitution. (De Leon and De Leon)
Written will of the legislature, a public will and people’s mandate
expressed through their representatives.
Rigid and flexible.
Presidential decrees issued during Martial Law, executive orders
issued under the Freedom Constitution.
As to manner of amending them:
1. Rigid or inelastic—“one of special sanctity which cannot be
amended except by some
special machinery more cumbrous than the ordinary
legislative process” (Strong, n.d. as cited by De Leon and De
Leon). In short, Strong (1963) says, “the constitution which
cannot be bent without being broken is a rigid constitution.”
2. Flexible or elastic—“one which possesses no higher legal
authority than ordinary laws and which may be altered in the
same way as other laws” (Garner, n.d. as cited by De Leon
and De Leon). In other words, as Strong (1963) puts it: “The
Other laws outside of the legislature but considered of the
same category and binding force as statutes.
Statutes, distinguished from statute law.
“Statute Law” 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 of such statute.
Article 8, Civil Code
“Judicial decisions applying or interpreting the laws or the
Constitution shall form a part of the legal system of the Philippines”
Doctrine of stare decisis
It is the doctrine that, when court has once laid down a principle,
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and apply it to all future cases, where facts are substantially the
same, regardless of whether the parties and properties are the
same.
Public Statute – Which affects the public at large or the whole
community.
Private Statute- applies only to a specific person or subject.
Stare Decisis. Follow past precedents and do not disturb what has
been settled. Matters already decided on the merits cannot be
relitigated again and again.
“Stare decisis et non quieta movere” (follow past precedents and do
not disturb what has been settled.
Public statute, classified.
General, special and local laws.
General law – applies to the whole state and operates throughout
the state alike upon all the people or all of a class;
Special law – relates to a particular person or things of a class or
to a particular community, individual or thing;
Local law – whose operation is confined to a specific locality.
Statutes, classified.
Legislative power, defined.
TYPES OF STATUTES:
It is the power to make, alter, and repeal laws.
A. Passed by the Philippine Legislature
1) Philippine Commission
2) Philippine Legislature
3) Batasang Pambansa
4) Congress of the Philippines
B. Made by the president
1) P r e s i d e n t i a l d e c r e e s ( 1 9 7 3
Constitution)
2) E x e c u t i v e O r d e r s ( F r e e d o m
Constitution)
Public or private.
Scope of legislative power.
1) Under the 1973 and freedom constitution, the president
exercised legislative power which remained valid until
repealed.
2) LGU can enact ordinances within their jurisdiction, but such
laws are inferior and subordinate to the laws of the state.
(Primcias vs. Urdaneta)
3) Administrative or executive officer can make rules and
regulations to implement specific laws.
➢ Essential feature of the legislative function is the
determination of the legislative policy and its formulation and
promulgation as a defined and binding rule of conduct.
Embraces all subjects, extends to matters of general concern or
common interest, unless limited by the Constitution
Constitutional basis for legislative power of Congress.
Section 1, Article VI of the 1987 Constitution.
“Section 1. The legislative power shall be vested in the Congress of
the Philippines which shall consist of a Senate ad a House of
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Representatives, except to the extent reserved to the people by the
provision on initiative and referendum.”
Bill, defined.
A bill is a proposed legislative measure introduced by a member of
Congress for enactment into law, signed by the author/s, filed with
the House Secretary.
Bill – 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. It
is enacted into law by a vote of the legislative body. An “Act” is the
appropriate term for it after it has been acted on and passed by the
legislature. It then becomes a statute, the written will of the
legislature solemnly expressed according to the form necessary to
constitute it as the law of the state.
Origin of bill.
A bill may originate in the lower or upper house except
appropriation, revenue or tariff bills, bills authorizing increase of
public debt, bills of local application, private bills, which shall
originate exclusively in the House of Representatives.
HELD: It is not the law, but the revenue bill, which is required by
the Constitution to originate exclusively in the House of
Representatives. A bill originating in the lower house may undergo
extensive changes in the Senate that may result in the rewriting of
the entire bill. To insist the revenue statute must be substantially
the same as the house bill would be to deny the Senate’s power not
only to “concur with amendments” but also to “propose
amendments”.
For indeed, what the Constitution simply means is that the initiative
for filing revenue bill must come from the House of Representatives.
This is based on the theory that since they are elected by their
districts, they are expected to be more sensitive to the local needs
and problems.
Thus, while it is true that a revenue bill must originate
exclusively in the House of Representatives, the Senate can
propose amendments that re-writes the entire bill or
substitute it with an entirely separate and distinct bill.
How a bill becomes a law.
HOW DOES A BILL BECOMES A LAW – STEPS
Tolentino v Secretary of Finance, 235 SCRA 630 (1994)
FA C T S : S e ve ra l b i l l s w e r e i n t r o d u c e d i n t h e H o u s e o f
Representatives to expand the tax base of the Value Added Tax
(VAT) system and enhance its administration by amending the
National Internal Revenue Code (NIRC).
These were referred to the House and Ways Committee
which consolidated a bill and recommended its approval.
After approval, it went to the Senate and referred to its
Committee on Ways and Means. Thus, petitioners argue that it did
not originate exclusively in the lower house because it merely
consolidated 2 distinct bills from the lower and upper houses. This
violates the clear mandate of “originate” which was even qualified
by the word “exclusively”.
A bill before it becomes a law must pass the strict constitutional
requirements explicit both in the 1973 Constitution and the 1987
Constitution.
Passage of a bill in a parliamentary system (unicameral assembly):
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. Filing- with the House
Secretary. Secretary reports the bill for the 1st Reading.
b. In the first reading, the bill is read by its number and title
only.
c. After the first reading, the bill is referred by the Speaker to
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the appropriate committee for study. At this stage, the appropriate
committee will conduct public hearings. Then after the public
hearings, the committee shall decide whether or not to report the
bill favorably or whether a substitute bill should be considered.
Should there be an unfavorable report of the committee, then the
proposed bill is dead.
d. Upon favorable action by the committee, the bill is
returned to the National Assembly and shall be calendared for the
second reading.
Composition - experts in the subjects under their
jurisdiction.
What happens in the Committee Stage? – It may hold public
hearings on the proposed measure. Bill comes under sharpest
scrutiny. Committee may approve or reject the bill, with or without
amendments, re-write the bill entirely, report it favorably or without
recommendation. Committee reports and recommends for calendar
for second reading.
e. In the second reading, the bill is read in its entirety. (in full
with the amendments proposed by the Committee, if any. Unless
copies were distributed before and such reading is dispensed with.
The bill will be subjected to debates, motions and amendments.
After the amendments have been acted upon, the bill will be voted
on second reading)
f. Immediately after the second reading, the bill is set for
open debates where members of the assembly may propose
amendments and insertions to the proposed bill.
g. After the approval of the bill in its second reading and at
least three (3) calendar days before its final passage, the bill is
printed in its final form and copies thereof distributed to each of the
members.
h. The bill is then calendared for the third and final reading.
At this stage, no amendment shall be allowed. Only the title of the
bill is read and the National Assembly will then vote on the bill.
Under the present 1987 Constitution, after the third and final
reading at one House where the bill originated, it will go to the other
House where it will undergo the same process.
(Final vote for yeas and nays shall be taken and entered in the
Journal)
i. After the bill has been passed, it will be submitted to the
Prime Minister (President) for approval. If he disapproves, he shall
veto it and 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. Under the present set-up, if
the originating house will agree to pass the bill, it shall be sent,
together with the objections to the other house by which it shall be
likewise be considered and must be approved by two-thirds of the
votes. 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.
Section 26 (2) Article VI, 1987 Constitution
Tolentino v Secretary of Finance, 235 SCRA 630 (1994)
“No bill passed by either House shall become a law unless it has
passed three readings on separate days, and printed copies thereof
in its final form have been distributed to its Members three days
before its passage, except when the President certifies to the
necessity of its immediate enactment to meet a public calamity or
emergency. Upon the last reading of a bill, no amendment thereto
shall be allowed, and the vote thereon shall be taken immediately
thereafter, and the yeas and nays entered into the Journal.”
Constitutional Reqts for the bill to pass. Article VI, Section 26
(2):
➢ It has passed 3 readings on separate days
➢ Printed copies in final form distributed to its members
3 days before its passage.
➢ EXCEPT : when the President certifies it as urgent to
meet public calamity or emergency.
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➢ But the factual basis of the presidential certification of
bills may not be subjected to judicial review. It merely
dispenses with the procedural requirements designed
to insure that bills are duly considered by members.
(?) Contention of Petitioners: The certification of the bill is
invalid because there was no emergency. The justification of
“growing budget deficit” is not an unusual condition in this country.
HELD: The presidential certification dispenses not only printing and
distribution of the copy of the bill but also the reading on separate
days. The phrase “except when the President certifies to the
necessity of its immediate enactmentxxx” qualifies the 2 stated
conditions before a bill becomes a law. The “unless” clause must be
read in relation to the “except” clause because they are coordinate
clauses of the same sentence. To construe the “except” clause as
simply dispensing the printing and distribution not only offends
grammar but also negates the very premise of the “except” clause.
The necessity of securing the immediate enactment of the bill which
is certified in order to meet a public calamity or emergency.
The factual basis of presidential certification of bills is not
subject to judicial review pursuant to the principle of
separation of powers as it merely involves doing away with
procedural requirements. A law may not be declared
unconstitutional when what is violated in its passage are mere
internal rules of procedure. Unlike the sufficiency of the factual basis
of the suspension of the privilege of the writ of habeas corpus which
threaten individual rights hence subject to judicial review.
Conference Committee – it is a mechanism to harmonize
differences between both Houses in the passage of the bill into law.
But it can deal generally with the subject matter. It may produce
results beyond its mandate. The rules do not limit it to consider
conflicting provisions only. It is empowered to include an entirely
new provision not found in either bills. Thus, political scientists call
the Conference Committee a third body of the legislature.
a. A Conference Committee is constituted and is composed of
Members from each House of Congress to settle, reconcile or
thresh out differences or disagreements on any provision of
the bill.
b. The conferees are not limited to reconciling the differences in
the bill but may introduce new provisions germane to the
subject matter or may report out an entirely new bill on the
subject.
c. The Conference Committee prepares a report to be signed by
all the conferees and the Chairman.
d. The Conference Committee Report is submitted for
consideration/approval of both Houses. No amendment is
allowed.
Illustrative case: Tolentino v Secretary of Finance, 235
SCRA 630 (1994)
FACTS: The Conference Committee consolidated the House and
Senate versions closed doors which resulted in an entirely different
version.
CONTENTION OF PETITIONERS: The House Committee Report
included provisions not found in either version and these were
secretly inserted into it closed doors.
HELD: There is nothing wrong about closed door executive sessions.
Often, when only the conferences are present, it is the only way to
harmonize conflicting provisions. The incomplete sentences in the
transcripts may be attributed to the stenographer’s own limitations
or incoherence of statements.
Amendment in the nature of a substitute by the Conference
Committee resulting in a third version is allowed provided it
is germane to the subject of both versions.
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to indicate approval, or veto the bill to indicate disapproval.
approved, the bill officially becomes a law.
Doctrine of enrolled bill
When both houses approve the Conference Committee Report
adopting third version of the bill, it is the latter that is the final and
conclusive version submitted to the president for approval. The
requirement of 3 readings on separate days and distribution of
copies 3 days prior does not apply to Conference Committee
Reports.
Under the enrolled bill doctrine, the text of the act as passed and
approved is deemed importing absolute veracity and is binding on
the courts. An enrolled copy of the bill is conclusive not only
of its provisions but also of its due enactment. Once the
Senate President and Speaker sign the bill and the Secretaries
certify
IS THE DOCTRINE OF ENROLLED BILL ABSOLUTE?
No, in one case, the Senate President admitted to a mistake and
withdrew his signature. Thus, the Supreme Court went behind the
enrolled bill and consulted the Journal to determine whether certain
provisions of the statute had been approved by the Senate. There
was no longer any enrolled bill to consider when the signature was
withdrawn.
Authentication of bills
The system of authentication devised is the signing by the Speaker
and the Senate President of the printed copy of the approved bill, to
signify to the President that the bill being presented to him has been
duly approved by the legislature and is ready for his approval or
rejection.
President’s approval or veto
Once the bill is approved, it is transmitted to the President of the
Philippines for signature. The President may then either sign the bill
If
Override of presidential veto
If the President decides to exercise his veto powers, the Congress
may re-pass the vetoed bill if two-thirds of both Houses, voting
separately, approve its enactment. In this case, the bill also officially
becomes a law.
3 ways by which a bill becomes a law
A bill passed by Congress becomes a law in either of three ways:
1. When the President signs it
2. When the President does not sign nor communicate his veto
of the bill within thirty days after his receipt thereof
3. When the vetoed bill is repassed by Congress by two-thirds
vote of all its members, voting separately. (Congress
overrides veto)
Parts of statutes.
e. Title – the heading on the preliminary part, furnishing the name
by which the act is individually known. It is usually prefixed to
the statute in the brief summary of its contents. The general
statement of the subject of the bill.
f.
Preamble – part
enactment and
Usually, it starts
and precedes the
of statute explaining the reasons for its
the objects sought to be accomplished.
with “whereas”. Part which follows the title
enacting clause
g. Enacting clause – part of statute which declares its enactment
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and serves to identify it as an act of legislation proceeding
from the proper legislative authority. “Be enacted” is the usual
formula used to start this clause. Precedes body of statute,
identifies the bill as an act of legislation, absence does not
nullify law unless required by the Constitution, not required by
Constitution but used as a matter of legislative practice or
custom.
q. Separability Clause – provides that in the event that one or
more provisions or unconstitutional, the remaining provisions
shall still be in force.
If part of the law is declared invalid, the rest remains valid. Does not bind
the courts. The whole statute may be nullified, if what is left is
not complete or workable.
r.
h. Body – the main and operative part of the statute containing its
substantive and even procedural provisions. Provisos and
exceptions may also be found.
Main part of the bill, rights or remedies.
i.
POLICY SECTION – declaration of state policy.
j.
Definition section – Defines terms
k.
Administrative section – Enforcement body
l.
Standards of conduct – do and avoid
m. Sanctions – penalties
n. Transitory Provisions – Temporary provisions for transition
o. Repealing Clause - announces the prior statutes or specific
provisions which have been abrogated by reason of the
enactment of the new law.
Repeal is not a legislative finding that the earlier law in unconstitutional.
p. Saving Clause – restriction in a repealing act, which is intended
to save rights, pending proceedings, penalties, etc. from the
annihilation which would result from an unrestricted repeal.
Effectivity Clause / Date of effectivity– announces the
effective date of the law.
Time when law takes effect. Usually after 15 days following completion of
publication in the Official Gazette or in a newspaper of general circulation.
One title-one subject rule.
Sec. 26 (1), Article VI, 1987 Constitution.
“Every bill passed by the Congress shall embrace only one subject
which shall be expressed in the title thereof”
A bill embraces only one subject matter, to prevent logrolling, to
prevent surprise or fraud, to inform the people.
Tolentino v Secretary of Finance, 235 SCRA 630 (1994)
ISSUE: An Act Restructuring the Value-Added Tax (VAT) System,
Widening Its Tax Base and Enhancing its Administration, and For
These Purposes Amending and Repealing the Relevant Provisions of
the National Internal Revenue Code, as amended, And For Other
Purposes.
HELD: To insist that the tax exemption be specified in the title is to
require the title of the bill to be a complete index of its content.
Every bill is required to embrace only one subject expressed in its
title to prevent surprise upon members of the Congress and inform
the people about it. If PAL did not know that its exemption was
withdrawn, it is not due to the defect in the title but because just
like other statutes, they pass unnoticed even if published. The title
is sufficient if it expresses the general subject of the statute
and all its provisions are germane to the general subject thus
expressed.
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Logrolling – Combination of multiple propositions in one
proposal. Entire proposition is nullified, not only the subject matter.
A legislative practice of embracing in one bill several distinct
matters, none of which, perhaps, could singly obtain the assent of
the legislature, and then procuring its passage by a combination of
the minorities in favor of each of the measures into a majority that
will adopt them all.
Practice of including in one statute or constitutional amendment
more than one proposition, inducing voters to vote for all,
notwithstanding they might not have voted for all if amendments or
statutes had been submitted separately.
Lambino v COMELEC, G.R. No. 174153, October 25,
2006
FACTS: In 2006, the group led by Raul Lambino and Enrico
Aumentado gathered signatures nationwide as people’s initiative to
amend the Constitution by shifting from Bicameral-Presidential to
Unicameral-Parliamentary form of government. It asked the people
this proposition: DO YOU APPROVE THE AMENDMENT OF ARTICLES
VI AND VII OF THE 1987 CONSTITUTION, CHANGING THE FORM OF
GOVERNMENT FROM THE PRESENT BICAMERAL-PRESIDENTIAL TO A
UNICAMERAL-PARLIAMENTARY SYSTEM, AND PROVIDING ARTICLE
XVIII AS TRANSITORY PROVISIONS FOR THE ORDERLY SHIFT FROM
ONE SYSTEM TO THE OTHER?
HELD: For sure, the great majority of the 6.3 million Filipinos who
signed the signature sheets did not see the full text of the
proposition. They could have not known the nature and effect of the
proposed changes: 1. The term limits will be lifted and thus
members of the Parliament can be re-elected indefinitely. 2. The
interim Parliament can continue to function indefinitely until its
members, who are almost all the present members of Congress,
decide to call for new parliamentary elections. 3. Within 45 days
from the ratification of the proposed changes, the interim Parliament
shall convene to propose further amendments or revisions to the
Constitution.
The subject matter of this proposed transitory provision is
totally unrelated to the shift from presidential-bicameral to
unicameral-parliamentary system. This is logrolling. It places the
people in a dilemma since they can answer only either yes or no to
the entire proposition, which contains 2 subjects, one of which they
may find unacceptable.
Effects of insufficiency of title. Bill is void insofar as the
subject matter not expressed in the title is concerned. But id void
and valid are inseparable, the nullity of one vitiates the other. ( go
back to PREAMBLE)
a) A statute whose title does not conform to the one titlesubject or is not related to its subject is null and void
b) If subject matter of statute is not sufficiently expressed in its
title, only the unexpressed subject matter is void leaving the
rest in force
Date of effectivity
When laws take effect.
Article 2, Civil Code
“Laws take effect after 15 days following completion of publication in
the Official Gazette, unless otherwise provided”
Section 18, Chapter 5, Book I, 1987
Administrative Code
“Laws take effect after 15 days following completion of publication in
the Official Gazette or in a newspaper of general circulation, unless
it is otherwise provided.
Completion of publication – from which the date the period of
publication will be counted, refers to the dte of release of the O.G.
or newspaper for circulation and not to its date, unless the two
dates coincide.
Tañada v Tuvera, 146 SCRA 446 (1986)
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Philippine Veterans Bank v Vega, G.R. No.
105364, June 28, 2001
Effectivity of presidential issuances, rules and
regulations. – The requirement of publication also applies to
Presidential Issuances. Exceptions: those which are merely
interpretative or internal in nature not concerning the public.
Presidential issuances, basis.
Effectivity of Internal Rules and
Regulations (IRR)
Nature of administrative, rules &
regulations
a. Whose purpose is to implement or enforce existing law
pursuant to a valid delegation or to fill in the details of a
statute; whether they are penal or non-penal; this requires
publication.
b. Those which are merely interpretative in nature or merely
internal in character not concerning the public, does not need
publication.
In addition, the 1987 Administrative Code provide thata. Every agency shall file with the U.P. Law Center three copies
of every rule adopted by it. Rules in force on the date of
effectivity of this Code which are not filed within 3 months
from that date shall not be the basis of any sanction against
any party or persons.
b. Each rule shall become effective 15 days from the date of
filing as above provided unless a different date is fixed by
law, or specified in the rule in cases of imminent danger to
public health, safety and welfare.
Publication and filing requirements are indispensable to the
effectivity or rules and regulations, except when the law
authorizing its issuance dispenses the filing requirements.
Types of administrative rules &
regulations
IRR- enforces the law
LOI – interprets the rule
Rule-making power of a public administrative agency –
delegated legislative power.
Test of validity of administrative rules and
regulations (Test of validity of delegation of rule-making
power)
The law must be : complete in itself, fix a standard standard, the
limits are sufficiently determinate or determinable, in case of
discrepancy between statute and IRR, the statute prevails.
When local ordinances take effect.
Local ordinance shall take effect after 10 days from the date a copy
thereof is posted in the bulletin board at the entrance of the
provincial capitol or city, municipal, or barangay hall, as the case
may be, and in at least two other conspicuous places in the local
government unit.
The Secretary of the sanggunian shall cause the posting of
the ordinance within 5 days after its approval.
The gist of all ordinances with penal sanctions shall be
published in a newspaper of general circulation, within the province
where the local legislative body concerned belongs.
In case of highly-urbanized and independent component
cities, the main feature of the ordinance or resolution duly enacted
or adopted shall, in addition to being posted, be published once in a
local newspaper of general circulation within the city.
Unless a statute is by its provisions for a limited period only,
it continues in force until changed or repealed by the legislature.
Law once established continues until changed by some competent
legislative power. It is not changed by change of sovereignty.
Manner of computing time.
Where a statute requires the doing of an act within a
specified number of days, such as 10 days, from notice, it means 1o
calendar days and not working days. Where the word “week” is used
as a measure of time and without reference to the calendar, it
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means a period of seven consecutive days without regard to the day
of the week from which it begins (PNB Vs CA).
a. Year: 365 days
b. Month: 30 days except if the months are designated
c. Days: 24 hours
d. Night: from sunrise to sunset
e. Week: a period of 7 consecutive days without regard to the
day of the week from which it begins.
Civil Code adopts the 365 day year and the 30-day month
and not the
calendar year nor the solar month.
The exclude – the- first and include the last day rule governs
the computation of a period. IF the last day falls on a Sunday or
legal holiday, the act can still be done the following day. The
principle does not apply to the computation of the period of
PRSECRIPTION OF CRIME, in which the rule is that if the last days in
the period of prescription of a felony falls on a Sunday or legal
holiday, the information concerning said felony cannot be filed on
the next working day, as the offense has been by then already
prescribed.
Garvida v Sales, G.R. No. 124893, April 18, 1997
FACT: Proclamation of a duly elected SK Chair was suspended by the
COMELEC because she is overaged. The law says candidates should
“not be more than 21 years old on the day of election”. The SK Chair
however argued she is still 21 years, 10 months and 25 days old,
not 22 years old.
HELD: The LGC speaks of years, not months or days and a year
consists of 365 days. In computing years, first year is reached after
completing first 365 days. So, 21 is 21 cycles of 365 days. Not
more than 21 years old is not the same as less than 22 years
old.
Ordinance, defined.
Ordinance – an act passed by the local legislative body in the
exercise of its law-making authority.
TEST OF VALID ORDINANCE
1. Must not contravene the Constitution or any statute; 2. Must not
be unfair or oppressive;
3. Must not be partial or discriminatory;
4. Must not prohibit but may regulate trade; 5. Must be general and
consistent with public policy; and 6. Must not be unreasonable.
REASON WHY AN ORDINANCE SHOULD NOT CONTRAVENE A
STATUTE
Local councils exercise only delegated legislative powers conferred
on them by Congress as the national law making body.
The delegate cannot be superior to the principal.
Barangay ordinance, authority to pass and review.
Sanggniang barangay: smallest legislative body; may pass an
ordinance affecting a barangay by a majority vote of all its
members. Its ordinance is subject to review by sangguniang bayan
or panlungsod, to determine if it is in accordance with municipal or
city ordinance. Sangguniang Bayan or panlungsod shall take action
on the ordinance within 30 days from submission.
Municipal ordinance, authority to pass, veto and
review.
Sangguniang Bayan: affirmative vote of a majorirty of the members
of the sangguniang bayan, there being a quorum. Ordinance is then
submitted to the municipal mayor, who within 10 days from the
receipt shall return it with his approval or veto. The ordinance is
then submitted to sangguniang panlalawigan for review, who within
30 days may invalidate it in whole or in part.
City ordinance, authority to pass, veto & review.
Sangguniang panlungsod: affirmative vote of a majority of the
members of the sangguniang bayan, there being a quorum.
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Approved ordinance shall be submitted to the mayor, who within 10
days shall return it with approval or his veto. The Sanggunian may
repass a vetoed ordinance. If the city is a component city, the
approved ordinance is submitted to the Sangguniang panlalawigan,
who shall act within 30 days.
Provincial ordinance, authority to pass and veto.
Sangguniang panlalawigan: by a vote of a majority of the members
present, there being a quorum, enact ordinance that will affect the
province. The ordinance is forwarded to the governor who. Within
15 days shall return it with his approval or veto. A vetoed ordinance
may be repassed by two-thirds vote.
Resolution, defined.
The determination or decision, in regard to its opinion or intention,
of a deliberative or legislative body, public assembly, town council,
board of directors or the like. Also a motion or formal proposition
offered for adoption by such a body. In legislative practice. The term
is usually employed to denote the adoption of a motion, the subjectmatter of which would not properly constitute a statute; such as a
mere expression of opinion; an alteration of the rules ; a vote of
thanks or of censure, etc. In practice. The judgment of a court. In
the civil law. The cancellation or annulling, by the act of parties or
judgment of a court, of an existing contract which was valid and
binding, in consequence of some cause or matter arising after the
making of the agreement, and not in consequence of any inherent
vice or defect, which, invalidating the contract from the beginning,
would be ground for rescission.
Law Dictionary: What is RESOLUTION? definition of RESOLUTION
(Black's Law Dictionary)
Resolutions convey principles and sentiments of the Senate or the
House of Representatives. These resolutions can further be divided
into three different elements:
a. joint resolutions — require the approval of both chambers of
Congress and the signature of the President, and have the
force and effect of a law if approved.
b. concurrent resolutions — used for matters affecting the
operations of both chambers of Congress and must be
approved in the same form by both houses, but are not
transmitted to the President for his signature and therefore
have no force and effect of a law.
c. simple resolutions — deal with matters entirely within the
prerogative of one chamber of Congress, are not referred to
the President for his signature, and therefore have no force
and effect of a law.
Kinds of resolutions.
Simple.
It is usually designated with P. S. Res. A simple resolution deals with
matters entirely within the prerogative of one house of Congress,
such as adopting or receiving its own rules. A simple resolution is
not considered by the other chamber and is not sent to the
President for his signature. Like a concurrent resolution, it has no
effect and force of a law. Simple resolutions are used occasionally to
express the opinion of a single house on a current issue.
Oftentimes, it is also used to call for a congressional action on an
issue affecting national interest.
Concurrent.
A concurrent resolution is usually designated in the Senate as
S. Ct. Res. It is used for matters affecting the operations of both
houses and must be passed in the same form by both of them.
However, they are not referred to the President for his signature,
and they do not have the force of law. Concurrent resolutions are
used to fix the time of adjournment of a Congress and to express
the “sense of Congress” on an issue.
Joint.
A joint resolution, like a bill, requires the approval of both houses
and the signature of the President. It has the force and effect of a
law if approved. There is no real difference between a bill and a joint
resolution. The latter generally is used when dealing with a single
item or issue, such as a continuing or emergency appropriations bill.
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Joint resolutions are also used for proposing amendments to the
Constitution.
Validity of statute.
Every statute passed by legislature is presumed to be valid because
the legislature is supposed to have considered the question of its
validity before approving it. In cases of doubt, the court resolves in
favor of its validity. Presumption of constitutionality, in deference to
the wisdom, integrity and patriotism of the legislature, all
reasonable doubts are ruled in favor of constitutionality. To doubt is
to sustain.
Presumption of constitutionality.
The presumption is always in favor of constitutionality. However, if
the statute is really
unconstitutional, the courts are not only authorized but must
declare its unconstitutionality. The
court must see to it that the other departments have not exceeded
their constitutional authority. (Essence of Separation of Powers and
System of Check and Balance)
Authority to declare law unconstitutional.
The final authority to declare a law unconstitutional is the Supreme
Court en banc by the “concurrence of a majority of the Members
who actually took part in the deliberations.”
Trial Courts have jurisdiction to initially decide the issue of
constitutionality of a law in appropriate cases.
Article VIII, Section 4 (2), 1987 Constitution – Supreme Court en
banc, concurrence of majority of its members who actually took part
in the deliberations and voted
Essential requisites for judicial review.
1. E x i s t e n c e o f a n a p p r o p r i a t e c a s e / a c t u a l c a s e
(controversy)
2. An interest personal and substantial by the party raising
the constitutionality (Locus standi/legal standing)
3. The plea that the function be exercised at the earliest
opportunity/ Raised at the earliest opportunity
4. The necessity that the constitutional question to be
passed upon in order to decide the case (lis mota)
LIS MOTA : Courts will deal with constitutionality issue only if it is
unavoidable, very crux of the controversy
Illustrative case: Francisco Jr., v House of Representatives,
G.R. No. 160261, Nov 10, 2003
FACTS: In June 2003, Joseph Estrada filed an impeachment
complaint against CJ Davide and 7 other associate judges for
culpable violation of the Constitution, betrayal of public trust and
other high crimes. It was endorsed by 3 legislators are referred to
the House Committee on Justice which ruled that it was sufficient in
form but dismissed it for not being sufficient in substance. But the
Committee Report was not sent to the House in plenary. In October
2003, a second impeachment complaint was filed against CJ Davide.
CONTENTION OF PETITIONERS: The second impeachment
complaint was unconstitutional because it violates Section 5, Article
IX of the Constitution which prohibits filing of impeachment
complaint against the same official twice within a period of one year.
CONTENTION OF RESPONDENTS: The Supreme Court is without
jurisdiction to hear, much less prohibit or enjoin the lower house to
perform its constitutionally mandate duty to initiate impeachment
proceedings, it being a co-equal and independent branch of the
government. The Senate has the sole power, authority and
jurisdiction to try and decide impeachment cases. The petition are
premature, no justiciable issue has been presented before it since
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its constitutional duty to constitute itself as impeachment court
commences only upon receipt of the Articles of Impeachment, which
it had not.
ISSUE: Whether the essential requisites for the exercise of judicial
review have been fulfilled?
In answering the issue, the Supreme Court addressed the
following requisites for the exercise of judicial review:
LOCUS STANDI, RIPENESS, POLITICAL QUESTION/JUSTICIABILITY/
JUDICIAL RESTRAINT.
LOCUS STANDI, DEFINED. Personal or substantial interest in the
case such that the party has sustained or will sustain direct injury.
CONTENTION OF SORIANO: Only the Chief Justice has sustained
or will sustain injury (?)
CONTENTION OF PETITIONERS: They sue in their respective
capacities as taxpayers, citizens, voters, legislator, association. As
such, they stand to suffer injury.
WHAT TO SHOW IF YOU PETITION AS A CITIZEN: The law or
government act is invalid, sustains or is in imminent danger to
sustain direct injury as a result of its enforcement, interest must be
direct and personal, if it is an assertion of a public right, the mere
fact that he or she is a citizen satisfies the requirement.
WHAT TO SHOW IF YOU PETITION AS A TAXPAYER: Sufficient
interest in preventing illegal expenditure of public funds, sustains
direct injury as a result of the enforcement of the invalid law, public
funds are either illegally disbursed, deflected to any improper
purpose, wasted through enforcement of an invalid or constitutional
law.
WHAT TO SHOW IF YOU PETITION AS LEGISLATOR:
Infringement of prerogatives as legislator, Standing to maintain
inviolate prerogatives, powers and privileges vested by the
Constitution in his office.
CONTENTION OF SALONGA: There is no urgent need for the
Constitution to act right away. Anyway, it is the final arbiter of
questions on constitutionality. All remedies in the House and Senate
should first be exhausted.
POSITION OF DEAN PANGALANGAN: The Supreme Court should
take judicial of on-going attempts to encourage signatories to
withdraw their endorsement. House Impeachment Rules afford its
members opportunity to raise constitutionality issues when the
Articles of Impeachment are presented to the Senate. Even if the
Articles of Impeachment are transmitted to the Senate, the Chief
Justice may still move to dismiss on ground of constitutional
infirmity.
HELD: The withdrawal of signatures neither cures the House
Impeachment Rules of its Constitutional defect nor obliterates the
questioned second impeachment complaint. It is useless to seek
remedies from either the lower or upper house because it has no
jurisdiction to the rule on the issue of constitutionality.
POLITICAL QUESTION, DEFINED: Refers to those questions
which, under the Constitution, are to be decided by the people in
their sovereign capacity, or in regard to which full discretionary
authority has been delegated to the legislature or executive branch
of the government. It is a question of policy, concerned with wisdom
and not legality.
EXCEPT: Grave abuse discretion amounting to lack or excess of
jurisdiction.
DETERMINATION OF IMPEACHABLE OFFENSE: Purely political
question left to the sound discretion of the legislature.
LIS MOTA, DEFINED: Courts will touch the issue of
constitutionality unless it is unavoidable or is the very crux of the
controversy. Whether Section 15 or 16 of Rule 5 of the House
Impeachment Rules are unconstitutional for violating Section 3,
Article XI of the Constitution?
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-
Whether, as a result, the second impeachment is
barred under
Section 3 (5), Article XI of the Constitution?
- Under Section 16, impeachment proceedings are
“deemed
initiated” on the day the House Committee on Justice finds that the
verified complaint is sufficient in substance.
CONTENTION OF RESPONDENTS: Since the first impeachment
complaint was dismissed for being insufficient in substance, it was
not deemed initiated hence the second impeachment complaint is
allowed. “Initiate” does not mean “to file”.
HELD: “Initiate” means filing of the impeachment complaint and
referral to the House Committee on Justice or filing by at least 1/3
of the House of Representatives with the Secretary General of the
House. Once initiated, no other impeachment complaint shall be
filed against the same official for a period of one year.
JUDICIAL RESTRAINT:
CONTENTION OF PIMENTEL: The SC should exercise judicial
restraint because the Senate, as an impeachment court, has the
sole power to hear and decide all impeachment cases.
CONTENTION OF DE VENECIA: There is a moral compulsion for the
Supreme Court to not assume jurisdiction because its members are
subject to the impeachment.
HELD: The power of judicial review includes the power to review
justiciable issues in impeachment proceedings.SC together with all
other courts has long held and been entrusted with the judicial
power to resolve conflicting legal rights regardless of the
personalities involved in the suits or actions.
Test of constitutionality of statutes.
2) Or it creates or establishes methods or forms that infringe
constitutional principles
3) Its purpose or effect violates the constitution
4) It is vague. It is vague when it lacks comprehensive
standards that men of common intelligence must necessarily
guess at its meaning and differ in its application.
5) The change of circumstances or conditions may affect the
validity of some statutes, specially those so-called
emergency laws designed specifically to meet certain
contingencies.
Void for vagueness rule. Violates due process, people are
not informed on what conduct to avoid
Related to overbreadth, this doctrine holds that a law is
facially invalid if men of common intelligence must necessarily guess
at its meaning and differ as to its application. It is subject to the
same principle governing the overbreadth doctrine. For one, it is
also an analytical tool for testing “on their faces” statutes in free
speech cases. And like overbreadth, it is said that a litigant may
challenge a statute on its face only if it is vague in all its possible
applications.
(OVERBREADTH DOCTRINE : Doctrine of overbreadth. Consti. Law. [A]n
exception to the prohibition against third-party standing, [the doctrine] permits
a person to challenge a statute on the ground that it violates the [free speech]
rights of third parties not before the court, even though the law is constitutional
as applied to that defendant. In other words, the overbreadth doctrine provides
that: “Given a case or controversy, a litigant whose own activities are
unprotected may nevertheless challenge a statute by showing that it
substantially abridges the [free speech] rights of other parties not before the
court.” [Chemerinsky, Consti. Law, p. 86, 2nd Ed. (2002)]. Compare with
Doctrine of void for vagueness.
A statute may be declared unconstitutional because:
1) It is not within the legislative power to enact
Test of constitutionality of ordinances.
The test of validity are:
1) Must not contravene the constitution or any statute
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2)
3)
4)
5)
6)
Must
Must
Must
Must
Must
not
not
not
not
not
e unfair or oppressive
be partial or discriminatory
prohibit but may regulate trade
be general and consistent with public policy
be unreasonable
Effects of unconstitutionality.
The general rule is that an unconstitutional act is not a law.
(a) It confers no rights
(b) It affords no protection
(c) It imposes no duties
(d) It creates no office
(e) It is inoperative as though it had never been passed.
Regard should be had to what has been done while the statute was
in operation and presumed to be valid. Hence, its operative fact
before a declaration of nullity must be recognized.
2 Views on the effects of a declaration of unconstitutionality of a
statute:
1) Orthodox view.
Article 7, Civil Code.
Operative fact.
An unconstitutional law confers no right, is not a law, imposes no
duties, affords no protection; in legal contemplation, it is
inoperative, as if it had not been passed.
recognized. Existence of statute prior to nullity, is an operative fact
that must be recognized, statute was in force and complied with and
so parties have already acted under it.
(2)Modern view.
The court in passing upon the question of constitutionality does not
annul or repeal the statute if it is unconstitutional, it simply refuses
to recognize it and determines the rights of the parties just as if the
statute had no existence. It does not repeal, supersede, revoke or
annul the statute. The parties to the suit are concluded by the
judgment, but no one else is bound.
Partial invalidity.
The general rule is that where part of a statute is void as repugnant
to the Constitution, while another part is valid, the valid portion if
separable from the invalid, may stand and be enforced must be
complete and intelligible to enforce legislative intent.
Exemptions to this rule: when the parts are so mutually dependent
and connected to each other. Legislature is presumed to have
intended them as a whole. Nullity of one vitiates the rest.
SEPARABILITY CLAUSE: intent of separability, rather than complete
nullity. The presence of separability clause creates the presumption
that the legislature intended separability, rather than complete
nullity of the statute.
Tatad v Secretary of Department of Energy, 281 SCRA 330
(1997) (Separability Clause)
Article 7, Civil Code:
Operative Fact Doctrine: As a general rule, the nullification
of an unconstitutional law or act carries with it the illegality of its
effects. However, in cases where the nullification of its effects ill
result in inequity and injustice, the operative fact doctrine may
apply, and the effects of the unconstitutional act will have to be
FACTS: The Supreme Court declared unconstitutional 3 provisions of
RA 8180 or An Act Deregulating the Downstream Oil Industry—the
provisions on 4% tariff differential, minimum inventory and
predatory pricing which were declared anti-competition. These
provisions are the key provisions of RA 8180.
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ISSUE: Whether the nullity (striking down) of the 3 provisions of the
law infect the entire law even with the presence of the Separability
Clause?
HELD: YES. Because to decree partial unconstitutionality of RA 8180
will bring about absurdity. Separability Clause is not binding with the
Supreme Court. Separability clause only creates a presumption of
that the act is severable. It is merely an aid in statutory
construction. IT is not an inexorable command. A separability clause
does not clothe the valid parts with immunity from the invalidating
effect the law gives to the inseparable blending of the bad with the
good. The Separability clause cannot also be applied if it will
produce an absurd result. In sum, if the separation of the statute
will defeat the intent of the legislature, separation will not take place
despite the inclusion of a separability clause in the
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A cardinal rule in statutory construction is that legislative intent must
be ascertained from a consideration of the statute as a whole and not
merely of a particular provision. A word or phrase might easily convey
a meaning which is different from the one actually intended.
A statute should be construed as a whole because it is not to be
presumed that the legislature has used any useless words, and
because it is dangerous practice to base the construction upon only a
part of it, since one portion may be qualified by other portions.
SPIRIT AND PURPOSE OF THE LAW
MIDTERMS
PART III. CARDINAL RULES OF CONSTRUCTION
How to ascertain legislative intent.
Ascertain legislative intent
- Statute as a whole
- Not isolated part or provision
- Once known, no other choice but to apply it
- If transparent, construction is dispensed with
The object of all interpretation and construction of statutes is to
ascertain the meaning and intention of the legislature, to the end that
the same may be enforced.
Legislative intent is determined principally from the language of the
statute.
VERBA LEGIS
If the language of the statute is plain and free from ambiguity, and
express a single, definite, and sensible meaning, that meaning is
conclusively presumed to be the meaning which the legislature
intended to convey.
STATUTES AS A WHOLE
When the interpretation of a statute according to the exact and literal
import of its words would lead to absurd or mischievous
consequences, or would thwart or contravene the manifest purpose of
the legislature in its enactment, it should be construed according to
its spirit and reason, disregarding or modifying, so far as may be
necessary, the strict letter of the law.
•
When the reason of the law ceases, the law itself ceases.
•
Doctrine of necessary implications. What is implied in a statute
is as much a part thereof as that which is expressed.
CASUS OMISSUS
When a statute makes specific provisions in regard to several
enumerated cases or objects, but omits to make any provision for a
case or object which is analogous to those enumerated, or which
stands upon the same reason, and is therefore within the general
scope of the statute, and it appears that such case or object was
omitted by inadvertence or because it was overlooked or unforeseen, it
is called a “casus omissus”. Such omissions or defects cannot be
supplied by the courts.
The rule of “casus omissus pro omisso habendus est” can operate and
apply only if and when the omission has been clearly established.
STARE DECISIS
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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 same,
regardless of whether the parties and properties are the same. Stare
Decisis. Follow past precedents and do not disturb what has been
settled. Matters already decided on the merits cannot be relitigated
again and again. “Stare decisis et non quieta movere” (follow past
precedents and do not disturb what has been settled.
Liberal or strict construction, factors to consider and when
applied.
- Former law on the matter
- Persons or matters with which it deals
- Letter or language of the law
Generally:
Whether a statute is to be given a strict or liberal construction will
be depend upon the nature of the statute, the purpose to be
subserved and the mischief to be remedied, and a strict or liberal
interpretation will be given a statute that will best accomplish the
end desired and effectuate legislative intent.
Strict construction, generally
Strict construction is that construction according to the letter of a
statute, which recognizes nothing that is not expressed, takes the
language used in its exact meaning, and admits no equitable
consideration. It does not mean giving a statute its narrowest
meaning of which it is susceptible. Nor does it mean that words shall
be so restricted as not to have their full meaning. Scope of statute
shall not be extended or enlarged by implication, intendment, or
equitable consideration beyond the literal meaning of its terms.
Liberal construction, defined.
Liberal constructions means such equitable construction
as will enlarge of a statute to accomplish its intended purpose, carry
out its intent, or promote justice. It does not mean enlargement of a
provision which is clear, unambiguous and free from doubt, for a
statute which is plain and clear is not subject to construction. Liberal
construction is that construction which expands the meaning of a
statute to meet cases which are clearly within the spirit or reason
thereof or within the evil which the statute was designed to remedy,
or which give the statute its generally accepted meaning to the end
that the most comprehensive application thereof maybe accorded,
without being inconsistent with its language or doing violence to any
of its terms. Liberal construction means that the words should
receive a fair and reasonable interpretation, so as to attain the
intent, spirit and purpose of the law.
Liberal construction applied, generally.
The literal meaning of the words used may be rejected
if the result of adopting said meaning would be to defeat purpose of
the law. Liberal interpretation so as to save the statute from
obliteration, ut res magis valeat quam pereat. Construction by this
nature and the act of the court in engrafting upon a law something
which its believes ought to have been embraced therein. The former
is liberal construction and is a legitimate exercise of judicial power.
The latter is judicial legislation forbidden by the tripartite division of
powers among the three departments of government, the executive,
the legislative and the judicial. A statute may not be liberally
construed to read into it something which its clear and plain
language rejects.
Statutes in derogation of common rights, how construed.
Statutes in derogation of rights.
People in republican state enjoy certain rights, which are either
inherent or guaranteed by the constitution or protected by law;
rights are not absolute, and the state, in the exercise of its police
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power, may enact legislations curtailing or restricting their
enjoyment. As these statutes are in derogation of common or
general rights, they are generally strictly construed and rigidly
confined to cases clearly within their scope or purpose.; two
reasonably possible constructions, one which would diminish or
restrict fundamental right of the people and the other of which
would not do so, the latter construction must be adopted so as to
allow full enjoyment of such fundamental right.
In case of doubt, strictly construed against the law in favor of
common rights.
Common rights, examples.
Personal liberty, property, freedom of contract, exercise of
any trade or profession
Statutes prescribing formalities of wills, how construed.
Statutes prescribing formalities of will.
Statutes prescribing the formalities to be observed in the execution
of wills are strictly construed, ; a will must be executed in
accordance with the statutory requirements, otherwise it is entirely
void. ; apply the intent of the legislators and not that of the testator,
and the latter‘s intention is frequently defeated by the nonobservance of what the statute requires.
In case of doubt, strictly construed against the validity of the will
since the testator is already dead. “Dead men tell no tale”. Failure to
comply with required written formalities. Fatal. The will cannot be
admitted to probate.
Naturalization laws, how construed.
Laws on naturalization are strictly construed against an applicant for
citizenship and rigidly followed and enforced. ; right of an alien to
become a citizen by naturalization is a statutory rather that a
natural one, and it does not become vested until he files a petition
and establishes by competent and satisfactory evidence that he has
all the qualifications and none of the disqualifications specified by
law.
In case of doubt, strictly construed in favor of the government
against the applicant. Requirements for naturalization must be
complied to the letter to ensure that undesirable aliens are not
naturalized.
Stature conferring the right of eminent domain, how
construed.
In case of doubt, against the government. It derogates private
rights to property and ownership.
Statutes granting rights to laborers, how construed.
In case of doubt, liberally construed in favor of labor, Labor law is
social legislation.
Statutes granting tax exemptions, how construed.
Statutes granting tax exemptions.
Taxes are what the people pay for civilized society; lifeblood of the
nation. The law frowns against exemptions from taxation. Laws
granting tax exemptions are thus construed strictissmi juris against
the taxpayer and liberally in favor of the taxing authority. Taxation is
the rule and exemption is theexception. The burden of proof rests
upon the party claiming exemption to prove that it is in fact covered
by the exemption so claimed. Statutes granting tax exemptions are
construed strictissimi juris against the taxpayer and liberally in favor
of the taxing authority. Basis – to minimize the different treatment
and foster impartiality, fairness and equality of treatment among
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taxpayers. For exemptions from taxation are not favored in law, nor
are they presumed. They must be expressed in the clearest and
most unambiguous language and not left to mere implications.
―exemptions are never presumed, the burden is on the claimant to
establish clearly his right to exemption and an alleged grant of
exemption will be strictly construed and cannot be made out by
inference or implications but must be beyond reasonable doubt. In
other words, since taxation is the rule and exemption the intention
to make an exemption ought to be expressed in clear and
unambiguous terms.
A sound canon of statutory construction is that statutes operate
In case of doubt, strictly against the taxpayer. Taxation is the
lifeblood of the government.
and properly so because of its tendency to be unjust and
Prospective and retrospective interpretation, distinguished.
Prospective- applies to such facts and causes after its enactment.
Retrospective – applies to such facts and causes before its
enactment.
General rule: statutes are construed prospectively unless clearly
stated otherwise in the statute.
PENAL STATUTES
prospectively only and never retrospectively, unless the legislative
intent to the contrary is made manifest either by the express terms
of the statute or by necessary implication.
The Civil Code of the Philippines follows the above rule thus: Laws
shall have no retroactive effect, unless the contrary is provided.
Retroactive legislation is looked upon with disfavor, as a general rule
oppressive.
Penal statutes as a rule are applied prospectively. Felonies and
misdemeanors are punished under the laws in force at the time of
their commission. (Art. 366, RPC).
In case of doubt, resolved against retrospective effect, in favor of
prospective construction.
Prospective statute – is a statute which operates upon acts and
favorable to the accused who is not a habitual criminal. (Art. 22,
transactions which have not occurred when the statute takes effect,
RPC).
However, as an exception, it can be given retroactive effect if it is
that is, which regulates the future.
PROCEDURAL LAWS ARE RETROSPECTIVE
Retrospective or retroactive law – is one which takes away or
impairs vested rights acquired under existing laws, or creates new
Statutes regulating the procedure of the Court will be construed as
obligations and imposes new duties, or attaches new disabilities in
applicable to actions pending and undermined at the time of their
respect of transaction already past.
passage. However, Rules of Procedure should not be given
retroactive effect if it would result in great injustice and impair
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substantive right.
Procedural provisions of the Local Government Code are
Article III, Section 22, 1987 Constitution.
facto law or bill of attainder shall be enacted”
“No ex post
retrospective.
CURATIVE STATUTES
They are those which undertake to cure errors and irregularities and
administrative proceedings, and which are designed to give effect to
contracts and other transactions between private parties which
otherwise would fail of producing their intended consequences by
reason of some statutory disability or failure to comply with some
technical requirement. They are therefore retroactive in their
character.
Effect of retrospective application of law.
-
Takes away or impairs vested rights acquired under
existing law.
Creates new obligations.
Imposes new duties.
Attaches disability in respect of transactions or
consideration already past
Ex post facto law.
Rule: No ex post facto laws shall be enacted
Makes an act done before the passage of the law and which is
innocent when done, and punishes such act.
Applies only to criminal or penal matters and not to civil laws
An ex post facto law is any of the following:
- A law which makes criminal an act done before the
passage of the law and which was innocent when
done, and punishes such act;
- A law which aggravates a crime, or makes it greater
than it was, when committed.
- A law which changes the punishment and inflicts
greater punishment than that annexed to the crime
when committed.
- A law which alters the legal rules of evidence, and
authorizes conviction upon less or different testimony
than the law required at the time of the commission
of the offense;
- A law which assumes to regulate civil rights or
remedies only, but in effect imposes penalty or
deprivation of a right for something which when done
was lawful;
- A law which deprives a person accused of a crime of
some lawful protection to which he has become
entitled, such as protection of a former conviction or
acquittal, or a proclamation of amnesty.
Test whether prohibition against ex post facto clause is
violated.
-
Does the retroactive application of the law take from
the accused any right that was regarded at that time
as vital for the protection of life and liberty?
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to enactment legal is generally given retroactive effect
unless it is expressly provide that such statute will not
apply retroactively
Scope of prohibition against ex post facto law.
- Applies only to criminal or penal matters.
- Not to laws which concern civil proceedings generally.
- Or which affect or regulate civil or private rights or
political privilege.p.
Ex post facto law prohibited, exception.
- Unless it is favorable to the accused (Article 22, RPC)
This is founded on conscience and good law and
contained in
-
-
aphorism: Favorabilia sunt amplianda, adiosa
restringenda (laws that are favorable to the accused
are given retroactive effect.
Bill of Attainder, defined.
Legislative act which inflicts punishment without judicial trial
Rule: No bill of attainder shall be enacted
Bill of attainder is a legislative act, which inflicts punishment
without judicial trial.
If a law is bill of attainder, it is an ex post facto law. If it is not an ex
post facto law, it is not a bill of attainder.
-Bills of pains and penalties – if the punishment be less
than death.
If it favors the accused .
Exception to the exception.
- When the accused is a habitual delinquent.
Where the later statute expressly provide that it shall
not apply to existing statutes/actions or pending
cases.
-
Accused disregards the later law and invokes the prior
statute under which he was prosecuted.
-
Amendatory statute which renders an illegal act prior
PART IV. PARTICULAR RULES OF CONSRUCTION
Verba legis or plain meaning rule.
PLAIN MEANING RULE
When the words and phrases of the statute are clear and
unequivocal, their meaning must be determined from the
language employed and the statute must be taken to mean
exactly what it says. What is not clearly provided in the law
cannot be extended to those matters outside of scope.
Where the law is clear, appeals to justice and equity as
justification to construe it differently are unavailing.
Verba legis- plain meaning rule
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Where the statute is clear, plain and free from ambiguity, it must be
given its literal meaning and applied without interpelation.
Index animi sermo est. - speech is the index of intention
Dura lex sed lex.
the law may be harsh, but it is still the law
In construing a statute, the courts must look into the spirit of the
law or the
reason for it. The spirit or intention of the law prevails over the
latter thereof. The statute may be extended to cases which are not
included within the literal meaning of the words, if such case is
within the reason for the statute. And the cases within the letter of
the law but not within the spirit thereof are not within the statute.
No reason, however, may be imputed to the legislature, which is not
supported by the fact of the law itself. In determining the reason for
the law, recourse may be had to the preamble or applicable where
adherence to the latter would lead to absurdity, injustice,
contradiction or defeat the plain purpose of the act. Apparent
inaccuracies did and mistakes in the mere verbiage or phraseology
will be overlooked to give effect to the spirit of the law.
Mens Legislatories.
The reason for the rule is that the legislature must be presumed to
know the meaning of the words, to have used the words advisedly
and to have expressed its intent by the use of such words as are
found in the statute
Ratio legis.
In construing a statute, the court looks into the spirit and reason of
the law. If adherence to the letter of the law leads to absurdity,
injustice, contradictions or defeat the plain purpose of the law Ratio
legis applies.
Apparent inaccuracies and mistakes in mere verbiage or
phraseology will be overlooked to give effect to the spirit of the law.
WHAT IS WITHIN THE SPIRIT IS WITHIN THE LAW The spirit of the
law controls the letter.
Ratio legis – reason of the law
LITERAL IMPORT MUST YIELD TO INTENT
Where legislative intent apparently conflicts with the letter of the
law, the former prevails over the latter. Primary rule in construction
is to ascertain and give effect to the intent.
Courts look into the following: object to be accomplished, evils and
mischief to be remedied. Purpose to be observed..
Statute liberally construed to serve its purpose even if its literal
interpretation says otherwise. When the language of a particular
provision of law admits of two interpretations, the one that gives
effect to the intent must be followed.
The courts look into the object to be accomplished, the evils and
mischief to be remedied or the purpose to be observed. The court
should give the statute a reasonable or liberal construction which
will best effect its purpose rather than one which will defeat it even
though such construction is not within the strict literal interpretation
of the statute.
The court should give the statute a reasonable or liberal
construction which will best effect its purpose rather than one which
will defeat it.
Statutes must be construed to avoid injustice
Ejusdem generis.
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Where general term follows particular things, the general term is
construed to include those things or persons of the same class as
those specifically enumerated. Example: Trustees, agents,
attorneys-at-law and other persons.
“other persons” – only such persons in similar position o trust like
guardians
While general words or expressions in a statute are, as a rule,
accorded their full, natural, and generic sense, they will not be given
such meaning if they are used in association with specific words or
phrases. General rule is that where a general word or phrase follows
an enumeration of particular and specific words of the same class or
where the latter follow the former, the general word or phrase is to
be construed to include, or to be restricted to, persons, things, or
cases akin to, resembling, or of the same kind or class as those
specifically mentioned.
Where a statute describes things of particular class or
kind
accompanied by words of a generic character, the generic
words will usually be limited to things of a kindred nature
with those particularly enumerated, unless there be
something in the context of the statute to repel such
inference.
Ejusdem generis, purpose.
Gives effect – both specific ad general words. Particular words
indicate the class and the general includes all embraced in said class
although not specifically named.
Purpose: give effect to both the particular and general words, by
treating the particular words as indicating the class and the general
words as indicating all that is embraced in said class, although not
specifically named by particular words.
This principle is based on the proposition that had the legislature
intended the general words to be used in their generic and
unrestricted sense, it would not have enumerated the specific
words.
Application: where specific and generic terms of the same nature
are employed in the same act, the latter following the former.
Reddendo singular singulis.
The variation of the doctrine of last antecedent is the rule of
reddendo singular singulis. The maxim means referring each to
each; referring each phrase or expression to its appropriate object,
or let each be put in its proper place, that is, the words should be
taken distributively.
Reddendo singular singulis requires that the antecedents and
consequences should be read distributively to the effect that each
word is to be applied to the subject to which it appears by context
most appropriately related and to which it is most applicable.
•
•
•
Doctrine of collocation.
Lacuna V Abes, 133 Phil. 770, 773-774 (1968)
Association between two words that are typically or
frequently used together where the sentence has several
antecedents and consequents, they are to be read
distributively
Antecedent – a word or phrase that a subsequent or
consequent word refers to.
Consequent – a word or phrase that an antecedent word
precedes.
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Example: “Statutory Construction is an easy subject, but the
Professor somehow makes it difficult.”
• Distributive – refers to each member of the group
individually and separately
Examples of distributive words: “each”, “every” and “either”.
“Statutory Construction is an easy subject, but the Professor
somehow makes it difficult. Each student enrolled in the class may
either pass or fail, without fear or favor.”
The rule expressio unius est exclusio alterius and its variations are
canons of restrictive interpretation.
Basis: legislature would not have made specified enumerations in a
statute had the intention been not to restrict its meaning and
confine its terms to those expressly mentioned. They are opposite
the doctrine of necessary implication.
Expression unius ext exclusion alterius.
XIX. Negative-opposite doctrine
Mention of one thing implies the exclusion of another.
Example: “Female lawyers _________are required to wear uniform
on __________.
Express mention of one person, thing or consequence implies
the exclusion of all others.
The principle that what is expressed puts an end to that which is
implied is also known as negative-positive doctrine or argumentum
a contrario.
It is formulated in a number of ways:
a. One variation of the rules is the principle that what is
expressed puts an end to that which is implied
Expressum facit cessare tacitum
b. General expression followed by exceptions therefrom
implies that those which do not fall under the exceptions
come within the scope of the general expression. Exceptio
firmat regulam in casibus non exceptis
c. Expression of one or more things of a class implies the
exclusion of all not expressed, even though all would
have been implies had none been expressed.
XX. Application of expressio unius rule
The rule of expressio unius est exclusio alterius and its corollary
canons are generally used in the construction of statutes granting
powers, creating rights and remedies, restricting common rights,
and imposing penalties and forfeitures, as well as those statutes
which are strictly construed.
Where a statute directs the performance of certain acts by a
particular person or class or persons, it implies that it shall not be
done otherwise or be a different person or class of persons.
If a statute enumerates the things upon which it is to operate,
everything else must necessarily, and by implication, be excluded.
XXI. Limitations of rule
The rule expressio unius est exclusio alterius is not a rule of law. It
is a mere tool of statutory construction or a means of ascertaining
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the legislative intent.
Meaning of particular terms in a statute may be ascertained by
reference to words. Associated with or related to them in statute.
The rule, not being inflexible nor a mechanical or technical tool,
must yield to what is clearly a legislative intent.
It is no more than an auxiliary rule of interpretation to be ignored
where other circumstances indicate that the enumeration was not
intended to be exclusive.
It should applied only as a means of discovering legislative intent
and should not be permitted to defeat the plainly indicated purpose
of the legislature.
It will not apply where the enumeration is by way of example or to
remove doubts only.
It will not apply in case a statute appears upon its face to limit the
operation of its provisions to particular persons or things by
enumerating them, but no reason exists why other persons or
things not so enumerated should not have been included and
manifest injustice will follow by not including them.
Casus omissus.
Words or phrases may be supplied by the courts and inserted in a
statute. Where it is necessary to eliminate repugnancy and
inconsistency to complete the sense and give effect to the intent.
Used to supply omissions caused by clerical errors, by accident or
inadvertence.
The rule of casus omissus pro omisso habendus est states that a
person, object or thing omitted from an enumeration must be held
to have been omitted intentionally.
Principle proceeds from a reasonable certainty that a particular
person, object or thing has been omitted from a legislative
enumeration
The rule does not apply where it is shown that the legislature did
not intend to exclude the person, thing, object from the
enumeration. If such legislative intent is clearly indicated, the court
may supply the omission if to do so will carry out the clear intent of
the legislature and will not do violence to its language.
The rule may be disregarded of it will result to incongruities or a
violation of the equal protection clause of the constitution,
inconvenience, hardship and injury to the public interest.
Where the legislative intent shows that the enumeration is not
exclusive, the maxim does not apply.
Casus omissus, conditions for application.
-only if palpable and the omitted words are plainly indicated
in the context or verifiable from other parts of the statute.
V. CONSTRUCTION OF WORDS AND PHRASES
Noscitur a sociis.
“May” and “shall”, distinguished.
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“may”- permissive and operates to confer discretion
“shall” – imperative with a duty to enforce
Use of the word “may” in the statute generally connotes a
permissible thing, and operates to confer discretion while the word
“shall” is imperative, operating to impose a duty which may be
enforced.
The term “shall” may be either as mandatory or directory depending
upon a consideration of the entire provision in which it is found, its
object and consequences that would follow from construing it one
way or the other.
- Depending upon a consideration of the entire provision, its nature,
its object, and the consequences that would follow from construing
it one way or the other, the convertibility of said terms either as
mandatory or directory is a standard recourse in statutory
construction.
- It is well-settled that the word ―may‖ should be read as ―shall‖
where such construction is necessary to give effect to the apparent
intention of the legislature.
- The word ―may‖ will, as a rule, be construed as ―shall‖ where a
statute provides for the doing of some act which is required by
justice or public duty, or where it vests a public body or officer with
power and authority to take such action which concerns the public
interest or rights of individuals.
- The word ―shall‖ may be construed as ―may‖ when so required
by the context or intention of the legislature. It shall be construed
merely as permissive when no public benefit or private right
requires that it be given an imperative meaning.
Guingona V Carague, GR No. 94571, April 22, 1991
FACTS:
Congress earmarked 86 billion for debt servicing and 27 billion for
education. This was challenged s unconstitutional because Section
5, Article XIV of the 1987 Constitution says:
“ The State shall assign the highest budgetary priority to education
xx”
HELD:
While it is true that it mandates Congress to assign the highest
budgetary priority to education, it does not follow that the hands of
Congress are so hamstrung as to deprive it the power to respond to
the imperatives of national interest and for the attainment of other
state policies or objectives.
The use of the word “shall” is not always mandatory, it may be
construed as merely directory depending on legislative intent or
when the provision involved is not self-executing.
Special or technical meaning.
Words and phrases having technical or special meaning are
construed in their technical sense.
This applies to terms with established trade, business, commercial
or professional significance.
Exception.
When intended otherwise by Congress or it defeats legislative
intent.
Illustrative case: Asiatic Petroleum Co., v Collector, 30
Phil. 510
FACTS:
A tax law provides that “no tax shall be collected on such article
which before the taking effect of this Act, shall have been disposed
of to persons other than manufacturers or wholesale dealer.”
HELD:
No. The oil was not “disposed of”. Had the legislature intended
“disposed of” to mean “sold and delivered”, it would have used the
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latter phrase. The legislative evidently took into consideration the
custom of merchants in using the phrase of “in its commercial and
not technical sense.”
Conjunctive “and” and disjunctive “or”.
“And” means conjunction connecting words or phrases expressing
the idea that the latter is to be added or taken along with the first.
Conjunctive article.
- And so forth
on the text of he Statute
Grammar.
Rules for language
The system of rules by which words are formed and put together to
make sentences.
Grammar, what rules apply.
Ordinary rules of grammar to determine legislative intent.
Grammar, limitation.
Not conclusive if it defeats legislative intent.
“Or” is a disjunctive particle used to express as alternative or to give
a choice of one among two or more things. It is also used to clarify
what has already been said, and in such cases, means “in other
words,” “to wit,” or “that is to say.” Disjunctive article indicating an
Rules on punctuation, tense ,gender, and number, degree of
aid.
Very little weight.
Punctuation.
alternative.
Moreno v Comelec, GR No 168550, August 10, 2006
When used, the various members of the sentence are to be taken
Tense
Statutes expressed in the future may nevertheless be regarded as
having present effect.
jointly.
“All”, “any”, “every”.
“all” – universal or comprehensive sense
Example: “All female law students are required to wear corporate
attire every Wednesday.”
“any” – restrictive interpretation in some cases.
Example: “Any female law student who does not wear corporate
attire on a Wednesday is required to wear it everyday.”
“every” – word of inclusion.
Example: Every female law student in the University of San Carlos
College of Law is required to wear corporate attire every
Wednesday.”
“Etcetera”.
Gender
The use of masculine gender does not preclude application to
females. Where intent requires it.
Number
Words importing singular number may be extended to several
persons or things. Unless it defeats legislative intent.
Inaccuracies or clerical errors.
May be corrected by the Court if it is necessary to carry out the
legislative intent.
Example:
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“Courts of law” was encoded instead on “course of law”. That it is a
mere typographical error is evident. If uncorrected, it renders the
law non-sensical. It must be corrected by the court as it is duty
bound to give statute a sensible construction.
A man wrote a book entitled “How to Change your Life”. He was
uncertain if it sells, since it appears predictable, as many other
books of similar theme were already published prior to it. To his
surprise, 10 million copies were sold on the first week they were out
in the market. It turned out the title was inadvertently made “How
to Change your Wife”.
Foreign language.
Revised Penal Code was approved in its Spanish text but translated
to English. In case of doubt, the Spanish prevails.
those aids within the statute.
Intrinsic aids are resorted to only if there is ambiguity. In resorting to
intrinsic aids, one must go back to the parts of the statute: the title, the
preamble, context or body, chapter and section headings, punctuation, and
interpretation.
GENERALLY : Where the meaning of a statute is ambiguous, the court may
avail itself of all legitimate aids to construction in order that it can
ascertain the true intent of the statue.
Intrinsic aids, enumerated.
FACTS:
Congress earmarked 86B for debt servicing and 27B for education.
This was challenged as unconstitutional because Section 5, Article
XIV of the Constitution says “Congress is mandated to assign the
highest budgetary priority to education” in order to “ insure that
teachings will attract and retain its rightful share of the best
available talents through adequate remuneration and other means
of job satisfaction and fulfillment,” it does not thereby follow that
Self-executing provisions: does not need an enabling law
PRE-FINALS:
VI. INTRINSIC AIDS IN CONSTRUCTION
Intrinsic aids, defined.
In the printed page of the statute itself, you always see them within the
face of the statute
Context
Punctuation and capitalization
Language or lingual text
Title
Chapter, article and section headings
Marginal notes
Preamble
Legislative definitions and interpretative clauses
Context
The text surrounding word or passage. Words phrases or passages that come
before and after a particular word or passage in a speech or piece of
writing and help explain its full meaning.
They must be taken as a whole and in relation to one another.
Reason for the rule: The statute is enacted as a whole and not in parts or
sections.
The term “intrinsic” means internal or within. Intrinsic aids, therefore, are
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Purpose of the rule: To give proper emphasis to each provision and avoid
giving undue emphasis or effect to particular words, clauses, parts or group
of words.
c. Period – used to indicate the end of a sentence.
If context admits of two interpretations: The one which tends to give effect
to the manifest object of the law should be adopted.
Note: An argument based upon punctuation alone is not persuasive, and the
courts will not hesitate to change the punctuation when necessary, to give
the statute the effect intended by the legislature.
Reason why construe the law in its entirety? Because the law was enacted
also in its entirety and it is not a piece by piece legislation
Legislative intent should accordingly be ascertained from a consideration of
the whole context of the stature and not from an isolated part of particular
provision (Aboitiz Shipping Corp. v. City of Cebu).
Punctuation, defined: Standardized non-alphabetical symbols or marks that
are used to organize writing into clauses, phrases, and sentences, and in this
way make its meaning clear. Grammatical marks
Coma – separate words
The best source from which to ascertain the legislative intent is the statute
itself – the words, phrases, sentences, sections, clauses, provisions – taken
as a whole and in relation to one another. (Commissioner of Internal
Revenue v. TMX Sales)
Punctuation - aids of low degree and can never control the
intelligible meaning of written words; may be used to clear ambiguities.
Punctuation marks are aids of low degree and can never control against the
intelligible meaning of written word. The reason is that punctuation marks
are not part of a stature; nor are they part of the English language (Feliciano
v. Aquino).
a. Semi-colon – indicates a separation in the relation of the thought, a
degree greater than that expressed by a comma. Makes the difference
being that the semi-colon makes the division a little more pronounced
b. Comma – also separates the parts and sentences, but less pronounced
than the comma.
Semicolon – separate words, more pronounced, more emphatic than coma
Period – separates a sentence
Article VII, Section 16, 1987 Constitution
“Section 16. The President shall nominate and, with the consent of the
Commission on Appointments, appoint the heads of the executive
departments, ambassadors, other public ministers and consuls, or
officers of the armed forces from the rank of colonel or naval captain,
and other officers whose appointments are vested in him in this
Constitution. He shall also appoint all other officers whose appointments
are not otherwise provided by law, and those whom he may be authorized
by law to appoint. The Congress may, by law, vest the appointment of other
officers lower in rank in the President alone, in the courts, or in the heads
of departments, agencies, commissions, or boards.
The President shall have the power to make appointments during
the recess of the Congress, whether voluntary or compulsory, but such
appointments shall be effective only until disapproval by the Commission on
Appointments or until the next adjournment of the Congress.
CALDERON V CARALE, G.R. No. 91636, April 23, 1992
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Capitalization - Also an aid of low degree in the
construction of statute.
Language or lingual text.
A. Philippine laws are officially promulgated either in:
1) English
2) Spanish
3) Filipino
4) Or either in two such languages
B. Rules:
(a) If text is in English and Spanish, English text shall govern.
(b) But in case of ambiguity, omission, or mistake, the Spanish text
may be consulted to express the English text.
(c) If statute is officially promulgated in Spanish, English or in
Filipino with translations into other languages, the language in
which it is written (promulgated) prevails over its translation.
Language of promulgation prevails over language in translation.
(d) In the interpretation of a law administrative issuance
promulgated in all the official languages (Filipino), the English
text shall control, unless otherwise specifically provided. In case
of ambiguity, omission or other mistake, the other texts may be
consulted. For consultation only, merely persuasive, not binding,
only in case of doubt.
Limitation: Not controlling, if the body of the statute is free from ambiguity,
no resort to the title. Need not be an index of contents of the law but it
carries weight because of the one title – one subject matter rule.
1. It serves as aid in case of doubt in its language, to its construction
and ascertaining legislative will.
2. Used by the court to clear the obscurity.
3. An aid when there is doubt as to the meaning of the law.
WHEN THE TEXT OF THE STATUTE IS CLEAR AND FREE FROM DOUBT, IT
IS IMPROPER TO RESORT TO ITS TITLE TO MAKE IT OBSCURE.
POE V COMELEC, G.R. No. 221697, March 8, 2016
Chapter, article and section headings
Local ordinances should be translated in the vernacular (especially if it is
penal in character) because there is a requirement there so as not to violate
due process so that that it can be readily understood by the constituents and
they cannot use it as a defense that they did not understand what was being
posted with regard to the law if it is written or promulgated in English.
Head Notes or epigraphs – convenient index to the content
of its provisions.
(a) In case of doubt or ambiguity in the meaning of the
law or the intention of the legislature, they may be consulted in aid or
interpretation.
If promulgated both in English and Spanish language. English prevails.
(b) They are not part of the law thus, they can never control the plain
terms of the enacting clauses.
Title.
May resolve doubts as to its proper construction by extending or restraining
its purview or by correcting an obvious error. In case of doubt, resort may be
had to the title to determine legislative intent because it normally indicates
it.
(c) When the text of the statute is clear and unambiguous, there is neither
necessity nor propriety to resort to headings and epigraphs for the
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interpretations of the text.
(d)These secondary aids may be consulted to remove, but not to create,
doubt nor to limit or control the plain language of the law.
Marginal notes
Marginal notes and heading summarize the effect of sections of an
Act where the wording of either marginal notes or headings seem to have a
contradictory meaning to the wording of the main body of an Act, the
wording of the main body of an Act should be followed. Marginal notes and
headings are inserted when Act goes for printing during its progress through
Parliament; so are a little unreliable as an indication of Parliament’s will.
(b) It cannot be used as basis for giving a statute a meaning not
apparent on its face.
5. It may clarify ambiguities (thus it is the key of the statute)
6. It may express the legislative to make the law apply retroactively, in
which case the law has to be given retroactive effect, so as to carry
out such intent (PNB v Office of the President)
Legislative definitions and interpretative clauses.
Such definition or construction should be followed by the Courts. Statutory
definition supersedes the commonly accepted or a previous judicial
definition.
VII. EXTRINSIC AIDS IN CONSTRUCTION
Notes written in a margin, usually handwritten and initialed.
Marginal notes, limitation: Resorted to only when such notes were in fact
inserted under the authority of the legislature (needs approval from
Congress).
Extrinsic aids, defined.
These are existing aids from outside sources, meaning outside of the four
corners of the statute. If there is any doubt as to the meaning of the
statute, the interpreter must first find that out within the statute.
Preamble.
Introductory explanation. Not an essential part of the statute. May
explain ambiguities but not conclusive or controlling.
Extrinsic aids therefore are resorted to after exhausting all the available
intrinsic aids and still there remain some ambiguity in the statute.
Preamble, purpose: The key to the statute. To open the minds of the
makers as to the mischiefs to be remedied and objectives to be
accomplished by the provision of the statute.
Extrinsic aids resorted to by the courts are history of the enactment of the
statute; opinions and rulings of officials of the government called upon to
execute or implement administrative laws; contemporaneous construction
by executive officers; actual proceedings of the legislative body; individual
statements by members of congress; and the author of the law.
1. That part of the statute written immediately after its title, which
states the purpose, reason or justification for the enactment of the
law.
2. Expressed in the ‘Whereas clause’
3. Usually omitted in statutes made by the congress. In its place, these
an aid in legislative bodies used the explanatory note to explain the
reasons for the enactment of statutes.
4. Not an essential part of a statute.
(a) Thus, where the meaning of a statute is clear and unambiguous,
the preamble can neither expand nor restrict its operation,
much less prevail over its text.
Other sources of extrinsic aids can be the reports and recommendations of
legislative committees; public policy; judicial construction; and construction
by the bar.
Extrinsic aids, where found.
Extraneous facts and circumstances outside the printed page of the statute
Extrinsic aids, enumerated.
History or realities existing at the time of the passage of the law
Legislative proceedings
Changes in phraseology
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Prior laws and judicial decisions
Contemporaneous and construction
Consequences of alternative interpretations
Objects
Purpose
Expediency
Occasion and necessity
Remedy provided
Conditions of the country to be affected
And other extrinsic matters
Resort to extrinsic aids, when.
Extrinsic aids are resorted to after exhausting all the available
intrinsic aids and still there remain some ambiguity in the statute.
If all the intrinsic aids have been availed/exhausted and the ambiguity
remains
Contemporaneous circumstances.
Courts may resort to contemporaneous construction or that put upon it at
the time of its passage or soon afterwards and universally acquiesced in and
acted upon.
Facts and circumstances existing at the time of, and leading to the
enactment of the statute such as:
History of the times
Contemporaneous customs
The state of the existing law
Evils to be remedied
Remedy provided
Example: Riding in tandem ordinance wherein if you are looking
from the outside you can never understand the sense of banning two
people riding in a motorcycle, unless you know the contemporaneous
circumstance that led to the enactment of that particular
enactment
Extrinsic aids resorted to by the courts are:
a. History of the enactment of the statute;
b. Opinions and rulings of officials of the government called upon
to
execute or implement administrative laws;
c. Contemporaneous construction by executive officers charged
with
implementing and enforcing the provisions of the statutes unless
such interpretation is clearly erroneous;
Contemporary Construction
Definition: these are construction placed upon statutes at the time of, or
after, their enactment by the executive, legislature or judicial authorities,
as well as those who, because of their involvement in the process of
legislation, are knowledgeable of the intent and purpose of the law.
Contemporanea exposition est optima et fortissimo in lege - the
contemporary construction is strongest in law. (Contemporaneous
construction, degree as aid.)
Contemporaneous construction is the construction placed upon the statute
by an executive administrative officer called upon to execute or administer
such statute.
d. Actual proceedings of the legislative body;
e. Individual statements by members of congress; and
f.
The author of the law
Other sources of extrinsic aids are:
Legislative history.
It is a well-settled rule of statutory construction that where a statute
is susceptible of several interpretations where there is ambiguity in
its language, there is no better means of ascertaining the will and
intention of the legislature than that which is afforded by the history
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of the statute. Generally speaking, the history of a statute refers to
all its antecedents from its inception 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 finally passed by the legislature.
W H E R E A S TAT U T E I S S U S C E P T I B L E O F S E V E R A L
INTERPRETATIONS
OR WHERE THERE IS AMBIGUITY IN ITS LANGUAGE, THERE IS NO
BETTER MEANS IF ASCERTAINING THE WILL AND INTENTION OF
THE LEGISLATURE THAN THAT WHICH IS AFFORDED BY THE
HISTORY OF
THE STATUTE.
(b) Explanatory note accompanying the bill
(c) Committee reports of legislative investigations
(d) Public hearings on the subject of the bill
(e) Sponsorship speech
(f) Debates and deliberations concerning the bill
Legislative History, scope.
Covers introduction of the bill in the legislature up to its final
passage
Legislative history, what it includes.
(g) Amendments and changes in phraseology it has
undergone before final approval.
B. If statute is a revision of prior statute, the latter‘s practical
application and judicial construction amendments it underwent and
contemporary events during the time of its enactment shall form
part of its legislative history.
President’s message
Explanatory note accompanying the bill
Committee reports of the legislative investigations and public hearings of the
subject of the bill
C. Foreign statute, history includes:
Sponsorship speech
1. history of Anglo-American precedents or other foreign
sources
Debates and deliberations
Amendments and changes in phraseology
WHAT CONSTITUTES LEGISLATIVE HISTORY
A. all antecedents from the statutes inception until its enactment
into law.
(a) Includes the presidents message if bill was enacted in response
thereto
2. their practical application and the decision of the courts
construing and applying such precedents in the country of
origin.
Illustrative case: EJERCITO V COMELEC, G.R. No. 212398,
November 25, 2014
The SC traced back at least 3 laws prior to the enactment of that
one particular law which disqualified ER Ejercito as elected governor of
Laguna.
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The main question there was, “If you are a main contributor to the
campaign funds for a particular candidate, is your contribution part of the
computation to determine if the particular candidate overspent his expenses
in the elections?” And of course, the SC (there was no ambiguity, it was only
contested by Ejercito) said that consistent in the 3 laws, in computing for
campaign expenses donations from 3rd party donors are included to check if
that candidate has overspent or underspent.
President’s message to legislature.
1. President’s address (State of the Nation Address) – address to the
Congress at the opening of the regular session. Contains:
(a) Proposed legislative measures;
(b) Indicates the president’s thinking on the proposed legislation,
which when enacted into law, follows his line of thinking.
State of the Nation Address where president proposes legislative measures.
Indicates his line of thinking on the matter. Thus, courts may refer to the
message of the president to determine legislative intent because the statute
was passed in response to the president’s message
Explanatory note. –a short exposition of explanation accompanying a
proposed legislation by its author or proponent. Contains:
a) Statement of the reason or purpose of the bill
b) Arguments advanced by its author in urging its passage
A short explanation accompanying a proposed legislation by its author
WHERE THERE IS AMBIGUITY IN A STATUTE OR WHERE A STATUTE IS
SUSCEPTIBLE OF MORE THAN ONE INTERPRETATION, COURTS MAY RESORT TO
THE EXPLANATORY NOTE TO CLARIFY THE AMBIGUITY AND ASCERTAIN THE
PURPOSE OR INTENT OF THE STATUTE.
Note:
(a) The explanatory not be used as basis for giving a statute a meaning
that is inconsistent with what is expressed in the text of the statute.
(b) Explanatory note is only resorted to only for clarification in case of
doubt, and not where there is no ambiguity in the law.
(c) This is a mere expression of author’s views and reasons for the
proposed legislation and may not accordingly override the clear
intent as expressed in the statute.
Explanatory note, contents.
Reason or purpose of the bill
Arguments advanced by the author
Reports & Recommendation of legislative committees.
Lucrative source of information helpful in construction provided: they are
recorded in the journal
Limitation: Committee Reports are not controlling, may not be considered to
clear an ambiguity.
Reports of commissions
(1) Commissions – are usually formed to compile or collate all laws
on a particular subject and to prepare the draft of the proposed
code.
(2) Special commissions were created to draft the text of the RPC
and Civil Code.
Legislative debates, views and deliberations.
Useful in interpretation provided they show common agreement among the
members of the legislature as to the meaning of an ambiguous provision
Look into the end result, find out what the intent
Legislative debates, limitation.
Not safe guides to ascertain the meaning and purpose of the law. They
express only the views and opinions of the individual members of the
legislature and do not necessarily reflect the view of Congress as a whole.
Courts may avail themselves of the actual proceedings of the legislative
body to assist in determining the construction of a statute of doubtful
meaning. They may resort to the legislative deliberation in the legislature on
a bill which eventually was enacted into law to ascertain the meaning of its
provisions. Thus, where there is doubt as to what provision of a statute
means, that meaning which was put to the provision during the legislative
deliberation or discussion on the bill may be adopted.
Legislative debate- may be resorted to when there is doubt as to what a
provision of a statute means. However, the views expressed by the
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legislators during deliberations of a bill as to the bill’s purpose are not
controlling in the interpretation of the law.
(d) naturalization law
(e) Rules of court
The opinion and views expressed by the legislators during floor deliberations
of a bill may not be given weight at all in any of the following instances:
(a) Where the circumstances indicating meaning of a statute other
than that expressed by the legislators
(b) Where the views expressed were conflicting
(c) Where the intent deducible from such views is not clear
(d) Where the statute involved is free from ambiguity
WHERE TWO OR MORE STATUTES RELATING TO THE SAME SUBJECT MATTER
WERE ENACTED BY DIFFERENT ASSEMBLIES, NEITHER IS QUALIFIED TO SPEAK
ABOUT THE INTENT OF THE OTHER.
Illustrative case: POE VS COMELEC, G.R. No. 221697, March 8,
2016
Public Policy
Policy which induced its enactment or which was designed to be promoted is
a proper subject for consideration.
Adopted statues
The general rule is that where local statues are pattered after or
copied from those of another country, the decision of the courts in
such country construing those laws are entitled to great weight in
the interpretation of such local statues and will be generally followed
if found reasonable and in harmony with justice, public policy and
other local statues on the subject.
Example of such statues:
RULE: An Amendment of a statute indicates a change in meaning
from that which the statute originally had.
(a) corporation law
(b) tax code
(c) labor laws
Limitations of the rule:
where the local law and id the foreign statute from which the former
was patterned differ in some material aspects
foreign construction is clearly erroneous or has not become settled
where the adopting state has given the statute its own
interpretation
Construction by executive officers.
(Executive Construction) is the construction by an executive or
administrative officer directly called to implement the law. The opinions and
rulings of officials of the government called upon to execute or implement
administrative laws command much respect and weight. An interpretation
embodied in a circular, directive or regulation is an expressed
interpretation.
Construction by executive officers, forms.
Executive and administrative officers are generally the very first official to
interpret the law. These interpretations are in the form of:
1. Rules and regulations
2. Circulars
3. Directives
4. Opinions and rulings
Executive construction, kinds.
1. Construction by an executive or administrative officer directly called
to implement law which may be:
(a) Expressed (ex. Interpretation embodied in circulars, directive or
regulation)
(b) Implied (a practice of enforcement of not applying the statute
to certain situtations)
2. Construction by the Secretary of Justice in his capacity as the chief
legal adviser of the government in the form of opinions. In the
absence of the ruling of a president, the opinions of Sec. of Justice
is controlling among administrative and executive officials.
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3. Interpretation handed down in and adversely proceeding in the form
of a ruling by an executive office exercising quasi-judicial power.
Note: In the absence of error or abuse of power or lack of jurisdiction or
grave abuse of discretion clearly conflicting with either the letter or the
spirit of a legislative enactment creating or changing a governmental
agency, the action of the agency would not be disturbed by the courts.
Reason why contemporaneous construction is given much weight: it comes
from the particular branch of government called upon to implement the law
thus construed – these same people are the drafters of the law they
interpret.
When to disregard Contemporaneous construction. CC is not binding upon
the court. The court may disregard it:
1. Where there is no ambiguity in the law
2. Where the construction is clearly erroneous
3. Where strong reason to the contrary exists
4. Where the court has previously given the statue a different
interpretation
If there is a error in implementation of the law, such error may be
corrected. The doctrine of estoppel does not apply.
As a rule, erroneous contemporaneous construction creates no vested right
on the part of those who relied and followed such construction. But this rule
is not absolute. There may be exceptions in the interest of justice and fair
play (ex. Tax cases).
Construction of executive officers, value.
Considered and given weight if uniform, consistent, observed and acted on
for long period of time.
Opinions and rulings of officials tasked to enforce administrative laws
command much respect and weight. The duty to enforce the law, which
devolves upon the executive branch of the government necessarily calls for
the interpretation of its ambiguous provisions. Thus, executive and
administrative officers are generally the first officials to interpret the law,
preparatory to its enforcement and such interpretation comes in the form of
rules and regulations, circulars, directives, opinions and rulings.
Executive construction, kinds.
• Construction by an executive or administrative officer directly
called to implement the law
• May be expressed or implied
• Example of expressed or implied
• Example of expressed construction – circular, directive or regulation
• Example of implied construction – non-enforcement in certain
situations, or applying it in a particular manner
• It is interpretation by usage or practice
Construction by the Secretary of Justice
• In his or her capacity as chief legal adviser
Executive construction, kinds.
• Construction by the Secretary of Justice- It is in the form of
opinions issued upon request of administrative or executive officials
who enforce the law.
•
Construction by an executive officer exercising quasi-judicial
power -It is in the form of a ruling in an adversary proceeding
Legislative construction.
Legslative interpretation – the legislature may provide an interpretation or
declaration clause in a statue but they cannot limit or restrict the power
granted to courts.
1. While legislative interpretation is not controlling, courts may resort
to it to clarify ambiguity in the language.
2. Such legislative interpretation is entitled of respect especially if the
executive department has similarly construed the statute.
Legislative construction, form.
• Indicated by the language of the later enactments
• May be considered, but not controlling.
•
Judicial Construction.
A. The power and duty to interpret or construe a statue or the
Constitution belongs to the judiciary.
B. Supreme Court construes the applicable law in controversies which
are ripe for judicial resolution.
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C. Moot and Academic cases- cases wherein:
1. Purpose has become stale
2. Where no practical relief can be granted
3. Which have no practical effect
D. The court may nonetheless resolve a moot case where public
interest requires its resolution.
E. Laws are not interpreted in a vacuum, they are always decided
based on facts. Thus, “LAWS ARE INTERPRETED ALWAYS IN THE
CONTEXT OF THE PECULIAR FACTUAL SITUATION OF EACH CASE. THE
CIRCUMSTANCES OF TIME, PLACE, EVENT, PERSON AND PARTICULARLY
ATTENDANT CIRCUMSTANCES SHOULD BE TAKEN IN THEIR TOTALITY
SO THAT JUSTICE CAN BE RATIONALLY AND FAIRLY DISPENSED.
(Philippines Today, Inc v NLRC)
Judicial construction
• A judicial decision interpreting a statute is considered in construing
similar subsequent statutes
Doctrine of STARE DECISIS.
1. Stare decisis et non quieta movere – one should follow past
precedents and should not disturb what has been settled.
Reason for such doctrine: the supreme court has a duty not only of
interpreting and applying the law but also in protecting the society from
needless upheavals. Interest reipublicae ut sit finis litium – interest of then
state demands that there be an end to litigation.
2. A ruling in order to come within the doctrine of stare decision must
be categorically stated in the issue expressly raised by the parties;
must be a direct ruling.
3. Rulings that are merely sub silencio are merely OBITER DICTUM.
4. This doctrine is not absolute because Supreme Court may change or
abandon a precedent enunciated by it.
Doctrine of stare decises et non quieta movere.
• One should follow precedents and should not disturb what has been
settled
Doctrine of stare decisis, when applied.
• The ruling must be categorically stated on an issue expressly raised
by the parties on an issue expressly raised by the parties
• Must be a direct ruling on substantially the same facts.
OBITER DICTUM. –an opinion of the court upon some question of law
which is not necessary to the decision of the case before it; not binding)
Obiter dictum or obiter dicta
• “other things said”
• a passing comment, an observation made by a judge incidental to
the case being tried
• while authoritative, is not binding on future courts under the
doctrine of stare decisis
• An opinion expressed by the court upon some question of law which
is not necessary to the decision of the case before it
• It is not binding as a precedent
Ratio decidendi or rationes decidendi.
• “The reasons for the decision”
• Principles used by a judge when deciding
Ratio decidendi or ratio decidendi
• the principles create a binding precedent
• courts will have to follow the same decision iif a case with similar
facts is presented
obiter dictum & ratio decidendi, distinguished
• Ratio decidendi – a binding precedent
• Obiter dictum – a persuasive precedent
Construction by the Bar. – They are always received with great respect and
consideration and may be resorted to for the purposes of determining the
meaning of the statute.
• The meaning publicly given by the statute by long professional
usage.
• Presumed to be true but not controlling
Dictionaries and textbooks.
Dictionaries generally define words in their natural, plain and ordinary
acceptance and significance. Where the law does not define the words used
in a statute and the legislature has not intended a technical or special
meaning to those words, the Court may adopt the ordinary meaning of the
words as defined in the dictionaries.
Determine the meaning to be assigned to words of common usage or
technical terms.
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Illustrative case: ZARI V FLORES, 94 SCRA 319 (1979
Doctrine of implications and inferences.
Doctrine of necessary implication & inferences
• That which is implied in the statute is much a part of it as that
which is expressed
Doctrine of necessary implication, purpose.
• It enables the court to draw inferences from legislative purpose and
intent
• In such a way as to determine whether certain minor or specific
things are covered by the general or broad terms used in the statute
Doctrine of necessary implication, reason.
• Very rarely, if at all, are statutes framed with minute particularly as
to cover every conceivable situation
Doctrine of necessary implication, nature of.
• This is not judicial legislation, but a method of discovery of
legislative intent through the logical process of deduction
• A statutory grant of power carries with it, by implication, everything
necessary to carry out the power or right and make it effectual and
complete
Doctrine of necessary implication, limitation.
• If it is not a part of legislative intent
CHUA VS CSC, 206 SCRA 65 (1992)
Illustrative case: Chua vs. Civil Service Commission, GR No. 88979, February
7, 1992
Facts:
• the Early Retirement and Voluntary Separation Law was enacted to
streamline and trim down the bloated bureaucracy
• Section 2 states in part:
• “the benefits under this Act shall apply to all regular, temporary,
casual, and emergency employees, regardless of age, who have
rendered atleast a total of two (2) consecutive years of government
service as of the date of separation.”
• “Uniformed personnel of the Armed Forces of the Philippines
including those of the PC-INP are excluded from the coverage of this
Act.”
• An employee of the National Irrigation Administration (NIA) applied
to avail of early retirement but it was denied.
• Instead, she was offered separation benefits
•
She went to the Civil Service Commission (CSC) but it affirmed the
decision of NIA.
• She moved to reconsider but was still denied.
Contention of the CSC:
• The employment is co-terminous with a project, which is contractual
in nature.
• As such, she is not one of those enumerated in the law, namely,
regular, temporary, casual, and emergency employees.
• Thus, she is not covered by the law pursuant to the statutory
construction principle of expression unius est exclusion alterius.
• The objective of the Separation Law is not really to grant separation
or retirement benefits but reorganization to streamline government
functions.
Contention of the employee:
• the implementing guidelines of the Early Retirement Law
enumerates employees who are excluded from the coverage.
• They are experts and consultants, uniformed military and police
personnel, appointed officials and employees, officials and
employees who retired voluntarily prior to the law or those with
pending cases punishable by mandatory separation from service.
• She does not belong to any of the excluded employees, hence she is
included.
Held:
• There is no substantial difference between contractual, casual and
emergency employees.
• A co-terminous employee is non-career civil servant, just like casual
and emergency employees.
• It may be argued that Congress would not have specifically
enumerated that employees to be covered had not the intention
been to restrict its meaning and confine its terms and benefits to
the people expression unius est exclusion alterius.
• It may also be argued that a person, object or thing omitted from an
enumeration must be held to have been omitted intentionally
• Pursuant to the principle casus omissus pro omisso habendus est.
• But adherace to these legal maxims results in incongruity and
violates the equal protection clause of the Constitution.
• The Maxim expression unius est exclusion alterius does not apply,
but the doctrine of necessary implication
• It says every statute is understood, by implication, to contain all
such provisions as may be necessary to effectuate its object and
purpose, or to make effective rights, powers, privileges or
jurisdiction which it grants, including all such collateral and
subsidiary consequences as may be fairly and logically inferred
from its terms.
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the denial of the application is unreasonable, unjustified and
oppressive.
The application should be granted in the interest of substantial
justice, after all, the employee served form almost 15 years.
CoA v PROVINCE OF CEBU, G.R. No. 141386, November 29, 2001
Illustrative case: COA vs. Province of Cebu, GR No. 141386, November 29,
2001.
Facts:
• The Governor of Cebu appointed teachers who have no item in the
DepEd plantilla to handle extension classes to accommodate
students in public schools.
• The salaries and personnel-related benefits of these teachers were
charged against the Special Education Fund (SEF)
• Also charged against the SEF are scholarship grants of the province
• The CoA suspended the disbursement because salaries and grants are
not chargeable against the SEF.
Contention of CoA:
• Section 100(c)2 of the Local Government Code provides:
• “the annual school board budget shall give priority to the following:
xxx
• Establishment and maintenance of extension classes where
necessary;”
• The legal maxim “expressio unius est exclusion alterius” applies
• Since salaries, personnel-related benefits and scholarship grants are
not among those authorized as lawful expenditures of the SEF under
the Local Governement Code, they should be deemed excluded.
Held:
• The contention of CoA is without merit
• It is an elementary rule in statutory construction that legislative
intent controls interpretation of a statute.
• Under the doctrine of necessary implication, the authority to open
extension classes chargeable against the SEF logically includes hiring
of teachers and payment of their salaries and other benefits, even if
hiring and payment were not specifically mentioned in the law.
• The service and salaries of these teachers are necessary and
indispensable to establish and maintain extension classes.
• Every statute is understood, by implication, to contain all such
provisions as may be necessary to effectuate its object and
purpose,
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Or to make effective rights, powers, privileges or jurisdiction which
it grants, including all such collateral and subsidiary consequences
as may be fairly and logically inferred from its terms.
• But a scholarship grant is neither necessary not indispensable to
the operation and maintenance of public schools.
Hence, the doctrine of necessary implication does not apply to it
Restrictions on the doctrine.
Presumptions in aid of construction.
The courts may properly rely on presumptions as to legislative intent to
resolve doubts as to its correct interpretation.
Presumptions, basis.
• Logic, experience and common sense.
Presumptions, when applied.
• When there is doubt as to legislative intent
• And such doubt should be resolved in favor of that construction
which is in accord with the presumption on the matter
Presumptions, examples.
• Congress acted within the scope of its authority
• Against violation of international law
• Against extra-territorial operation of statutes
• Against unconstitutionality
• Against extra-territorial operation of statutes
• Against unconstitutionality
• Against inconsistency, injustice
• Motive of Congress
• In favor of beneficial operation of statutes
• Against inconvenience, absurdity, and ineffectiveness of statutes
• As to public policy
• Against irrepealable laws, repeal, unnecessary changes in the laws,
implied repeals
• Acquiescence to judicial construction
• As to existing laws
• As to jurisdiction of courts
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FINALS:
XIII. AMENDMENT, REVISION, CODIFICATION AND
REPEAL
Amendment, defined.
Change or modification by addition, deletion or alteration of a statute which
survives in its amended form. If transparent, construction is dispensed with.
Amendment, who has authority.
The legislature - Legislative power to enact includes the power to amend or
repeal subject to constitutional requirements or existing law
Amendment, Scope
• It extends to statute in the nature of contracts
• Example: legislative franchises to establish and operate utilities
• Which may be unilaterally amended by the legislature
• Without impairing the obligations of contract
• Because it normally provides that it is subject to amendment or
repeal by Congress
When common good requires
Amendment, how effected.
By enactment of an amendatory Act modifying or altering some provisions of
the statute wither expressly or impliedly
Express amendment
Specific sections or provisions sought to be amended
Example: a provision sought to be amended is quoted, followed by
“is hereby amended to read as follows:
Implied amendment
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Does not specify sections or provisions but provides for a general
phrase
Implied amendment, example of
• “any provision of law which is inconsistent therewith is modified
accordingly”
• but the absence of such provision does not mean that the
subsequent law may no longer amend a prior Act on the same
subject
• it still amends, if there is irreconcilable repugnancy between them
• but implied amendment is neither presumed nor favored
• every statute should be harmonized with other laws on the same
subject
Amendment, when effective.
15 days following its publication of the OG or a newspaper of general
circulation, unless another date is specified after publication
Amendment, how construed.
A statute and its amendment should be read together as a whole.
The amended Act is regarded as if the statute has been originally enacted in
its amended form and the amendment becomes part of the original statute.
Amendment, effect of.
• An amended Act should be construed differently from the original
Act
• It would not have been amended had the legislature did not want to
change meaning
Example: if the exception is deleted, it means that it is now included in the
scope of the general term.
Amendment, how it operates.
• General rule: amendatory Acts operate prospectively
• Except: contrary is provided or implied
• Condition: No vested rights or obligation of contracts is impaired
Amendment, effect on vested rights.
• Does not affect vested rights
• Because it takes effect prospectively
Amendment, effect on jurisdiction.
• Jurisdiction over the subject matter is determined by the law in
force at the time
• Of commencement of action
• Once acquired, it cannot be divested by amendatory Act and stays
until decided
• Unless: express prohibitive words or words of similar import are
used
• it applies to quasi-judicial bodies
ERECTORS, INC. v NLRC , 256 SCRA 629 (1996)
Illustrative case: Erectors, Inc. Vs. NLRC, G.R. No. 104215, May 8, 1996, 256
SCRA 629 (1996)
• Facts: erectors recruited an Overseas Filipino Worker (OFW) to work
as service contract driver in Saudi Arabia for 1 year with a salary of
$165 and allowance of $165 a month plus $1,000 renewal bonus.
• But it was not implemented because the position of service driver
was no longer available.
• Thus, they executed another 1 year contract, but for the position of
helper/ laborer with a salary of $105 and allowance of $105 monthly.
• The OFW returned to the country and invoked his first contract,
demanding for the difference in his salary and allowance plus
contractual bonus for not availing of his vacation or home leave
credits
• But this was denied by Erectors.
• On March 31, 1982, the OFW filed with the Labor Arbiter a complaint
against Erectors for underpayment of wages and non-payement of
overtime pay and contractual bonus.
• On May 1, 1982 however, while the case was still in conciliation
stage, E.O. No. 797 creating the Philippine Overseas Employment
Administration (POEA) took effect.
• It vested the POEA with “exclusive and original jurisdiction over all
cases, including money claims, involving employer-employee
realtions arising out of or by virtue of any law or contract involving
Filipino workers for overseas employment.”
• Despite E.O. 797, the Labor Arbiter heard the case and decided in
favor of the OFW.
• Erectors appealed to thre NLRC but was denied, hence this petition
for special civil action for certiorari.
• Contention of erectors: E.O. 797 divested the Labor Arbiter of
jurisdiction over cases arising from overseas employment contract.
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It applies retroactively to affect pending cases pursuant to the ruling
in Briad Agro Development Corp vs. Dela Cerna.
Held: E.O. 797 did not divest the Labor Arbiter with jurisdiction
claims arising from overseas employment contract.
Jurisdiction over the subject matter is determined by the law at the
time of the commencement of the action.
Prior to the efficacy of E.O. 797, the laws in force were P.D. Nos.
1691 and 1391 which vested the Labor Arbiter with original and
exclusive jurisdiction over these cases.
Laws should be applied prospectively unless the legislative intent to
give them retroactive effect is expressly declared or is necessarily
implied from the language used.
The reliance on the ruling in Briad Agro Development Corp vs. Dela
Cerna is misplaced.
In that case, E.O. 111 amended Article 217 of the Labor Code to
widen the workers’ access to the government for redress of
griecances by giving the regional directors and labor arbiters
concurrent jurisdiction over money claims.
This amendment however crewated a situation where their
jurisdiction overlapped.
As a remedy, R.A. 6715 delineated their respective jurisdiction.
As such, E.O. 111 and R.A. 6715 are curative statutes which
retroactive application is an exception to the general rule on
prospective application of laws.
Curative statutes are enacted to cure the defects in a prior law or to
validate legal proceedings, instruments or acts of public authorities
which would otherwise be void for want of conformity with certain
existing legal requirements.
E.O. 797 is not a curative statute. It was not intended to remedy any
defect in the law.
It should thus be applied prospectively and should not affect
jurisdiction over cases filed prior to its efficacy.
Erectors, Inc. Vs. NLRC
Facts: A money claim arising out of overseas employment contract
(OEC) was filed by an overseas Filipino worker with the Labor
Arbiter.
• During pendency of the case however, a law was passed transferring
jurisdiction over money claims arising out of OEC from the Labor
Arbiter to the POEA.
Held: Jurisdiction is determined by the law at the time of commencement of
action. Once acquired, court proceeds to hear and decide. It is not divested
by subsequent amendatory act unless it expressly provides or is curative
statute which may be given retroactive effect
Effect of nullity of prior or amendatory act.
• If the prior Act is declared invalid, the amendatory Act is also invalid
• If the amendatory Act is invalid, the prior Act stays
Revision, defined.
• Intends to re-examine the whole law, or of certain provisions which
have over-all implications for the entire law
Amendment and revision, distinguished.
• Amendment alters one or a few specific and separable provisions
whereas revision overhauls the entire law
Codification, defined.
• Enactment of various laws on the same subject matter into a single,
comprehensive statute
• It is to be considered as such and not as a series of disconnected
articles or provisions
Revision and codification, purpose.
• To restate into one statute
• Similar subject found in various laws
• Simplify complicated provisions
• And make them accessible and easily found
Revision and codification, effects.
• Insertion of new provisions – does not alter the construction of
previous Acts unless otherwise clearly intended
• Omission of old provisions – deemed repealed, unless the statute or
code provides, expressly or impliedly
• But, the repeal by revision or codification of former laws is possible
only if the revised statute or code was intended to cover and perfect
system itself
• When both intent and scope clearly evince the idea of repeal, all
omitted parts are deemed repealed.
MECANO v COMISSION ON AUDIT, 216 SCRA 500 (1992)
Illustrative case: Mecano vs. Commission on Audit, 216 SCRA 500 (1992)
• Facts: An NBI Director was confined for cholecystitis which coset
him hospital and medical expenses the he wants to be reimbursed.
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He based his claim on Section 699 of the Revised Adminstrative Code
(RAC) of 1917 which affords civil servants allowances in case of
injusry, death, or sickness incurred in the performance of duty but it
was denied by the Commission on Audit (CoA).
Contention of CoA: Section 699 of the RAC was omitted in the
Administrative Code of 1987 hence deemed repealed.
Contention of CoA: Allowing Section 699 to remain in force argues
against the Adminstrative Code of 1987 itself which wheras clause
says:
“the effectiveness of the Government will be enhanced by a new
Administrative Code which incorporate in a unified document the
major structural, functional and procedural principles and rules of
governance.”
In effect, what is contemplated is only one code, the Administrative
Code of 1987.
Held: Section 699 of the Revised Administrative Code of 1987.
Held: The repealing clause of the Administrative Code of 1987 says:
“All laws, decrees, orders, rules and regulations, or portions
thereof, inconsistent with this Code are hereby repealed or modified
accordingly.”
Since it did not specify the title or number of the law sought to be
repeal, which has two categories.
One is where the provisions of the two laws on the same subject
matter are irreconcilable.
The other is where the enactment of a statute revising or codifying
the former laws on the whole subject matter.
But the second category is possible only if:
The revised statute or code was intended to cover the whole subject
to be a complete and perfect system in itself
It revises the whole subject matter of the statute
Both intent and scope evince the idea of repeal
It is clear intent of the legislature to substitute the prior Act.
The Administrative Code of 1987 does not fall under this category,
because the intent is clear that it covers the aspects of
administration organization and procedure only.
It also does not fall under the first category because there is no
irreconcilable conflict between the provisions of both laws.
Lastly, implied repeal is not favored.
The presumption is against repugnancy or inconsistency because the
legislature is presumed to know the existing laws on the subject and
not to have enacted inconsistent or conflicting statues.
Thus, even if Section 699 of the Revised Administrative Code
of1917 was omitted in the Administrative Code of 1987, it
remains in force in the absence of irreconcilable inconsistency,
apart from the fact that it was not specifically identified for
repeal.
Mecano vs. CoA
• Facts: A claim for reimbursement was denied because the provision
of law it invoked was omitted in the subsequent law.
Held: Mere omission of a probision in the subsequent law does not result in
amendment or repeal unless it expressly provided.
• Otherwise, it is deemed an implied repeal which may either be due
to irreconcilable differences between the prior and subsequent law
or the enactment of a subsequent law revising or codifying the old
laws is intended to cover the whole subject to be a complete and
perfect system in itself.
Change in phraseology
Change in phraseology – mere change in phraseology does not imply that the
lawmakers intended to change the construction of the old laws
General Rule: neither change in phraseology nor omission or addition of
words alters the construction of former Acts
Except: if intent to change the construction is very clear, especially if the
change or omission is material as to indicate intent to depart from the
previous construction of the old laws
Rearrangement of sections
Rearrangement of sections – does not change the operation, effect or
meaning of statute unless changes are of such nature as to clearly manifest
legislative intent to change old laws
Repeal, defined.
• Recalling, revoking or abrogation of a statute by another.
Repeal, who has authority.
• The legislature, subject to constitutional limitations
• Section 1, Article VI, the Legislative Department, 1987 Constitution.
• “The legislative power shall be vested in the Congress of the
Philippines which shall consist of a Senate and a House of
Representatives, except to the extent reserved to the people by the
provision on initiative and referendum.”
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Constitutional prohibition against passage of irrepealable laws.
• Except to the extent reserved to the people by the provision on
initiative and referendum.
• Non-delegability of legislative power
• Prohibition against enactment of irrepealable laws
• They are not found in the text of the Constitution because the are
mere corollaries in the nature of implied substantive limitations.
CITY OF DAVAO v RTC, GR No. 127383, August 18, 2005
Illustrative case: City of Davoa vs. RTC, G.R. No. 127383, August 18, 2005.
• First, that Section 33 of P.D. 1146 be expressly and categorically
repealed by law;
• Second, that a provision be enacted to substitute the declared
policy of exemption from any and all taxes as an essential factor for
the solvency of the GSIS fund.
• These requisites for repeal have not been satisfied by the LGC.
Contention of the local government unit:
• the exemption granted to GSIS under Section 33 of PD 1146 was
effectively withdrawn uopm the enactment of the LGC which further
says that special laws like PD 1146 which are inconsistent with it are
repealed or modified accordingly.
• Held: concededly, the second condition prescribed by section 33 of
P.D. 1146 does not appear to be met as no provision is found in the
Local Government Code of 1991 that substitutes the declared policy
of exemption from any and all taxes as an essential factor for the
solvency of the fund.
• but the amendatory second paragraph in Section 33 introduced by
P.D. 1981 is fundamentally flawed.
• This unorthodox condition effectively imposes restrictions on the
competency of Congress to enact future legislature on the taxability
of GSIS.
• This places undue restrain on the plenary power of Congress to
amend or repeal laws in violation of the prohibition against the
passage of irrepealable laws.
• Irrepealable laws are prohibited because they deprive succeeding
legislatures of the fundamental best senses carte blanche in crafting
laws.
• Reynato S. Puno once said, “to be sure, there are no irrepealable
laws just as there are no irrepealable Consitutions.”
• “Change is the predicate of progress and we should not fear
change.”
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it may be argued that section 33 does not preclude repeal of taxexempt status of the GSIS, but merely imposes conditions for its
validity.
But if these conditions are honored, they have the precise effect of
limiting the power of Congress.
Thus, the same rationale for prohibiting irrepealable laws applies in
prohibiting restraints on future amendatory laws.
The present legislature cannot bind future legislature to
particular mode of repeal. It cannot declare in advance the intent
of subsequent legislatures.
City of Davao vs. RTC
• Facts: GSIS refused to any real property taxes to the local
government unit because of a prior exempting law setting two
conditions for repeal which were not met by the subsequent law.
• Held: the conditions set by the prior law place undue restraint on
the plenary power of Congress to amend or repeal laws in violation
of the prohibition against passage of irrepealable laws.
• the present legislature cannot bind future legislature to a particular
mode of repeal. It cannot declare in advance the intent of future
legislatures.
Repeal, kinds of.
Repeal, Kinds of.
• Total – revokes the statute completely
• Partial – leaves unaffected portions in force
• Express – declaration in a repealing clause that a particular and
specific law is sought to be repealed, by identifying the number or
title
• Implied – all other repeals are deemed implied repeals
• Failure to add the repealing clause indicated that there is not intent
to repeal any existing law
• Unless there is irreconcilable inconsistency
• In which case it is deemed an implied repeal
Repeal, kinds of.
• Even if there is a repealing clause but if fails to identify or specify
the law sought to be repealed, it is still an implied repeal
• Example: “All laws or parts thereof which are inconsistent with this
Act are hereby repealed or modified accordingly.”
• The intent is not to repeal any existing law on the matter, unless
there is irreconcilable inconsistency
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Laws are repealed only by the enactment of subsequent laws, not by
violation, non-observance, disuse of customs and contrary practice.
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Repeal by implication, conditions.
• There must be sufficient revelation of the intent to repeal, which
must be very clear.
Repeal
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by implication, categories or modes.
Irreconcilable conflict between provisions of two Acts.
Conditions: two statutes cover the same subject matter and object
Clearly inconsistent and incompatible with each other
That they cannot be harmonized
Both cannot be given effect
That is, that one law cannot be enforced without nullifying the other
Repeal by implication, categories or modes.
• If the subsequent Act covers the whole subject of the prior Act
and is clearly intended as a substitute
• Of the same subject matter but different objects, the two laws
can stand together, although they refer to the same subject
matter
ILLUSTRATIVE CASES:
Aguejetas vs. CA, 261 SCRA 17 (1996)
• Facts: the members of the Provincial Board of Canvassers were
convicted of the election offense under Section 231 of the Omnibus
Election Code (OEC).
• This after they proclaimed the losing candidate as eighth elected
board member.
• Contention of the canvassers:
• The election offense for which they were convicted is repealed by
R.A. 6646 and R.A. 7166 which amended the OEC by deleting or
adding certain provisions.
• Paragraph 2, Section 231 of the OEC states:
• “The respective board of canvassers shall prepare a certificate of
canvassers shall prepare a certificate of canvass duly signed and
affixed with the imprint of the thumb of the right hand of each
member, supported by a statement of the votes and received by
each candidate in each polling place and, on the basis thereof, shall
proclaim as elected the candidtates who obtained the highest
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number of votes cast in the province, city municipality or barangay.
Failure to comply with this requirement shall constitute an
election offence.”
This was modified by Section 28 of R.A. 7166 by removing the
specific manned by which the winning candidates are proclaimed.
Thus, it repealed the second paragraph, Section 231 of the OEC
under which they were convicted.
Held: Sec. 231 was not expressly repealed by the amending and
repealing clause of R.A. 7166 which says:
“Sec. 39. Amending and Repealing Clause. – Sections 107, 108 and
245 of the Omnibus Election Code are hereby repealed. x x x
x x x Likewise, the inclusion in Section 262 of the Omnibus Election
Code of the violations of Sections 105, 106, 107, 108, 109, 110, 111
and 112 as among election offenses is also hereby repealed. This
repeal shall have retroactive effect.”
Neither is there implied repeal
While Sec. 231 of the OEC and Sec. 28 of R.A. 7166 pertains to the
canvassing by the Board of Canvassers, this fact along is not
sufficient to cause an implied repeal.
While the two provisions differ in terms, neither is this fact
sufficient to cause repugnance.
In order to effect implied repeal, the two statutes must be so
irreconcilably repugnant and inconsistent with each other.
The following standard of irreconcilability resulting in implied repeal must
be satisfied:
1. Both laws deal with thew same subject matter
2. The latter law must be inconsistent with the earlier law.
3. Repugnancy is clear and convincing in character.
4. The language used in the latter must be such that as to render it
irreconcilable with the prior law.
An inconsistency that fally short of this standard does not suffice because
implied repeal is not favored.
The presumption is against inconsistency and accordingly, against implied
repeal because Congress is presumed to know the existing laws on the same
subject and not to enact inconsistent statutes.
Hagad vs. Gozo-Dadole, 251 SCRA 241 (1995)
• Facts: Criminal and administrative complaint were filed against
Mayor Alfredo Ouano and other members of the Sanguniang
Panglungsod (SP) with the office of the Deputy Ombudsman for the
Visayas for violation of the Revised Penal Code and R.A. 6713.
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the complainants moved to preventively suspend Mayor Ouano and
other respondents.
Mayor Ouano opposed the motion ad moved to dismiss the
complaint.
Contention of Mayor Ouano and other respondents:
The Deputy Ombudsman is without jurisdiction to try, hear and
decide the administrative complaint.
They argued that under Section 63 of the Local Government Code of
1991 (LGC), the power to investigate and impose administrative
sanctions, including preventive suspension against local officials, is
now vested with the Office of the President (OP).
Under Secs.61 and 63 of the LGC, the OP, not the Office of the
Ombudsman, has jurisdiction over administrative complaints against
any elective official of a province, highly urbanized city or
independent component city.
Contention of complainants:
The LGC could not have repealed, abrogated or otherwise modified
the pertinent provisions of the power to investigate cases against
elective local officials.
The power of the Ombudsman to investigate local officials under the
Ombudsman Act is unaffected by the provisions of LGC.
But the Deputy Ombudsman denied the motion to dismiss and even
placed mayor Ouano and other respondents under preventive
suspension.
Mayor Ouano and other respondents petitioned to prohibit and
restrain the Deputy Ombudsman before the Regional Trial Court of
Mandaue City which granted it.
The respondent judge applied the rule of statutory construction that
endeavor to harmonize two laws to make each effective.
Since the investigatory power of the Ombudsman Act is general,
broad and vague as opposed to the LGC which provides for well
defined
And specific grounds for administrative disciplinary action, the LGC
could be considered an exception to the authority and
administrative power of the Ombudsman to investigate local elective
officials.
Issue: whether the authority of the Ombudsman to investigate local
elective officials under the ombudsman act of 1989 has been
divested by virtue of the subsequent enactment of the LGC of 1991.
held: the petition is meritorious.
Sec. 21 of the Ombudsman Act says:
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Sec. 24 grants the Ombudsman authority to “preventively suspend
any officer or employee under his authority pending an investigation
x x x”
Whereas Sec. 61(a) of the LGC provides:
“A complaint against any elective official of a province, a highly
urbanized city, an independent component city or component city
shall be filed before the Office of the President.”
Thus, respondent insist that conformably with Sec. 63(b), preventive
suspension can only be imposed by the President if the respondent is
an official of a province, highly urbanized city or an independent
component city.
Contention of the Solicitor-General:
While the LGC may have conferred on the OP disciplinary authority
over local elective officials, it is not exclusive.
The LGC did not withdraw the power of the Ombudsman to
investigate local elective officials vested by the Ombudsman Act
conformable with a constitutional mandate.
Indeed, the SC said, there is nothing in the LGC to indicate that it
repealed, expressly or impliedly, the Ombudsman Act.
The two statutes on the specific matter in question are not so
inconsistent or irreconcilable.
Two laws on the same subject matter, which prevails.
Between two irreconcilably inconsistent laws, the subsequent law
prevails because it is the latest expression of legislative will, and
Congress is presumed to know the earlier law.
Legis posteriors priores contrarias abrogant – subsequent statute
repeals earlier law repugnant to it.
Illustrative case: David vs. Comelec, G.R. No. 127116, April 8, 1997
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Contention of the Commission on Elections:
The repealing clause of the LGC “includes all laws, whether general
or special, inconsistent with the provisions of the Local Government
Code.”
David and Rillon cannot claim a term longer than 3 years because
they were elected under the aegis of the LGC which fixed the term
of 3 years only.
Held: The legislative intent is very clear, shorten the term of office
of Barangay officials to 3 years only.
First, the LGC was enacted later than R.A. 6679.
Sec. 43© of the LGC fixed the term of office of barangay officials at
3 years whereas Sec. 1 of R.A. 6679 fixes it at 5 years.
Both laws refer to barangay officials elected on the second Monday
of May 1994
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There being irreconcilable inconsistency between the two laws,
implied repeal applies.
While it is true that R.A. 6679 is a special law and should prevail
pursuant to the doctrine of generalia specialibus non derogant, the
LGC is not necessarily a general law.
The LGC is a codified set of laws that specifically applies to local
government units.
Section 43(c) specifically fixes the term of office of elective
barangay officials at 3 years, a special provision that applies only to
those elected on the second Monday of May 1994.
The Constitution did not expressly prohibit Congress from fisixng any
term of office for barabgay officials.
It merely left the determination of such term to the full discretion
of the law-making body in accordance with the exigencies of public
service.
To strike down a law as unconstitutional, there must be a clear and
unequivocal showing that what the Constitution prohibits, the
statute permits.
They miserably failed to discharge this burden to show clearly the
unconstitutionality they aver.
They are which refer to the same person or thing, or the same class
of persons or things, which have a common purpose.
Statutes in pari materia, how determined.
• If court decisions point to one legislative intent, regardless of
whether one is criminal and the other is civil.
Statutes in pari materia, how construed.
• They should be read together, and in connection with each other, as
if they constitute one law or one system enacted in the same spirit
in furtherance of the same policy.
In pari materia rule, purpose.
• To carry out the full legislative intent by giving effect to all laws and
provisions on the same subject matter.
In pari material rule, limitation.
• It cannot be invoked where the language of the law is clear and
unambiguous.
• It does not apply to private acts and is highly disfavored.
General and special law, rule on repeal.
General law does not repeal a prior special law on the same subject
matter unless clearly intended by the legislature.
Mecano v COA
David v COMELEC, GR No. 127116, April 8, 1997
Two laws on same subject matter, which prevails.
• In case of irreconcilable conflict between two laws, the subsequent
law prevails pursuant to the principle legis posteriors priores
contrarias abrogant.
Between two irreconcilably inconsistent laws, the subsequent law prevails
because it is the latest expression of legislative will, and Congress is
presumed to know the earlier law.
Leges posteriors priores contrarias abrogant. –subsequent statute
repeals earlier law repugnant to it.
ILLUSTRATIVE CASES: David v COMELEC, GR No. 127116, April 8, 1997
Liga ng mga Barangay Quezon City Chapter represented y Bonifacio Rillon v
COMELEC, GR No. 128039, April 8,1997
Statutes in pari materia, defined.
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Generalis specialibus non derogant
Generalia specialibus non derogant – a general law does not nullify a special
law.
• It applies irrespective of the date of passage of the special law.
• If the special law is subsequent, it qualifies the general law. If the
law is an earlier law, it is an exception to the terms of the general
law.
Repeal, general effects.
• It renders inoperative the prior Act from the time repealing law
takes effect.
• But it does not invalidate the pior Act from the beginning.
Repeal, effect on jurisdiction.
• Neither repeal nor expiration of law divests the court of jurisdiction.
• Jurisdiction to try and decide cases is determined by the law in
force at the time it was filed.
Effects of repeal and expiration of law, distinction.
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In absolute repeal, the crime is obliterated, thus the stigma of
conviction is erased whereas the expiration of law does not have
that effect.
Once jurisdiction is acquired, it proceeds unless the repealing acts
says otherwise.
But if the action was filed after the repealing act divesting
jurisdiction and the decision is null and void.
Repeal, effect on jurisdiction to try criminal cases.
• Same rule applies. But with added exception express prohibitive
words are used or criminal law violated is repealed.
Repeal, effect on actions, pending or otherwise.
• Defeats all actions and proceedings, including those pending and
pending appeal, arising out of or based on the statute.
Repeal, effect on vested rights.
• Does not impair rights accrued prior to the repeal.
Repeal, effect on contracts.
• Does not affect the terms of contract, nor impair the rights of
parties.
• It applies even if the other contracting party is the government.
Repeal, effect on tax laws.
• Does not preclude collection of taxes assessed prior to the repeal,
unless otherwise provided.
•
Thus, conversion of a municipality to a city abolishes all municipal
positions unless otherwise provided.
Repeal or nullity of repealing law, effects.
• When the repealing law expressly repealing a prior law is itself
repealed, the prior law is not revived unless otherwise provided.
• When the repealing law expressly repealing a prior law is declared
unconstitutional, the prior law remains in force.
Proviso, defined.
• Condition precedent. Generally introduced by the word “provided:”
• It is a clause on a preceding enactment to restrain or modify the
enacting clause, or of excepting something from its operation which
otherwise would have been without it, or of excluding some possible
ground of misinterpretation of it, as by extending it to cases not
intended by the legislature to be brought within its prurview.
Proviso, function.
• To create a condition precedent, to exempt, limit, restrict or qualify
a statute, in whole or in part.
• To limit the application of the law, and not to enlarge it s operation
Exception, defined.
• Enumeration of what should not be covered by the general rule.
Exception and proviso, distinguished.
• Exceptions exempts while proviso sets conditions.
Repeal, effect on penal laws.
Example: the absolute repeal of the Anti-Subversion Act entitles the accused
to the dismissal of the case against him as the offense no longer exost and
the court is deprived of jurisdiction.
Reason: the legislative intent is to legalize what has been decreed as illegal.
Except: if the repealing act re-enacts the statute and penalizes the same
act, even if the penalty is lower
The repealing act contains a saving clause that pending cases are not
affected.
Exceptions, how construed.
• Strictly, especially where the statute promotes public welfare.
Saving clause, defined.
• A clause which exempts special things out of the general things
mentioned in the law.
Saving clause, purpose.
Repeal, effect on municipal charter.
• Abolishes all offices under the old charter.
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To preserve something, as existing rights or causes of action or
pending proceedings, from immediate interference by operation of a
statute.
Saving clause, limitation.
• Inoperative if entirely inconsistent with the purview of the law.
IX. CONSTRUCTION OF CONSTITUTION
Constitution, defined.
It is a written instrument where fundamental powers of the government are
established , limited and defined, distributed among several departments
for their safe and useful exercise for the benefit of the body politic.
Constitutional construction, primary purpose.
To determine the intent of the framers as expressed in the language to
assure its realization.
Constitutional construction, applicability of rules of statutory
construction.
(examples of applicable rules of statutory construction)
• Verbal egis or the plain meaning rule
• Ratio legis est anima or words are interpreted according to the
intent
• Ut magis valeat pereat or the Constitution is to be interpreted as a
whole.
Constitution, how construed.
AS a whole, no provision is to be separated from all the others.
What if there are conflicting provisions? They should be harmonized.
Liberally or strictly? Liberally, to accomplish its high objectives and carry out
general principles of government.
Is there an exception to liberal construction? Yes where it grants
governmental powers in derogation of the inherent and natural rights of the
people.
So, can we say it may be construed either way? Yes, since constitutional
construction is a question of intention.
Should we construe the Constitution according to the previling
circumstances? No, it should be construed uniformly. It should not change
together with the fluctuations of public sentiment.
Amendments to Constitution, how construed.
They should be harmonized with the existing provions.
What if they cannot harmonized, which prevails, the existing provisions or
the amendment?
• The amendent prevails.
Language of Constitution, how construed.
• They should be construed in their common use and ordinary
meaning.
• Except? When technical terms are used
• Why are they construed in their ordinary meaning?
The Constitution is not primarily a lawyer’s document. It is the
expression of the sovereign will of the people.
Illustrative provision:
Section 7, Article XIII of the Constitution says:
“the State shall protect the rights of subsistence fishermen,
especially of local communities, to the preferential use of the communal
marine and fishing resources, both inland and offshore”
How do you construe the phrase “subsistence fishermen”? It should be
construed in its ordinary meaning
Which is? It refers to those whose catch yields are just enough for their
livelihood or subsistence.
Ordillo v Commission on Elections, 192 SCRA 100 (1992)
What are the facts of the case?
Congress enacted RA 6766, an organic act for the Cordillera Autonomous
Region (CAR) to be composed of the provinces of Benguet, Mountain
Province, Ifugao, Abra, Kalinga- Apayao and the City of Baguio. But it was
overwhelmingly rejected by the people in a plebiscite called for the
purpose, except for the province of Ifugao. Thus, Comelec resolved that the
CAR was approved only by the people in Ifugao province. Thus, Congress set
the date of election. The keywords provinces, cities, municipalities an
geographical areas connote that “region” means two or more provinces. It
should be construed according to its common use and ordinary meaning. The
13 regions into which the country is divided for administrative purposes are
groupings of contiguous provinces.
What about he provisions in RA 6766, do they reveal what is
contemplated by the term “region”?
YES, Section 2 contemplates development of provinces cities, municipalities
whereas Section 4 contemplates regional assembly districts
What is your one-liner for this case?
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Words in the Constitution should be understood in their common use and
ordinary meaning, thus, the term ”region” as ordinarily used in the 13
regions in the country refers to groupings of contiguous provinces.
The keyword provinces, cities, municipalities and geographical areas
connote that “region” means two or more provinces.
Between words with restricted and general meanings, which prevail.
The general meaning prevails
Except?
If the context indicates that the limited sense is intended.
What is the reason for this rule?
The Constitution is an organic law that deals with broader subjects
What are the criticisms against the 1987 Constitution?
• That it is excessively long and verbose
• It sounds like a political speech rather than a formal document
stating only basic precepts.
• It includes topics that have no place in the Constitution like sports,
love, drugs. And even advertising and rhythm and harmony of
nature.
• But worse, it uses tortuous language like the following masterpiece
of circumlocution:
ARTICLE XVI, Section 10:
“The State shall provide the policy environment for the full development
of Filipino capability and the emergence of communication structures
suitable to the needs and aspirations of the nation and the balanced
flow of information into, out of, and across the country, in accordance
with a policy that respects the freedom of speech and of the press.”
To this, Justice Isagani A. Cruz reacted: EXCUSE ME?
Intrinsic aid to constitutional construction.
Language or words of the Constitution.
Extrinsic aids to constitutional construction, enumerated.
1. History or realities existing at the time of the adoption of the
Constitution
2. Proceedings of the constitutional convention
3. Changes in phraseology
4. Prior laws and judicial decisions
5.
6.
7.
8.
Construction of US Constitutional provisions
Contemporaneous construction and writings
Consequences of alternative construction
Construction given by executive officers
ILLUSTRATIVE CASE: (History or realities)
In re Bermudez, 145 SCRA 116, 162 (1986)
Article XVIII, Section 5 of the Constitution states that the six-year term of
the incumbent President and Vice-President elected in the February 7, 1986
election is, for purposes of synchronization of elections, hereby extended to
noon of June 30, 1992.
Who is the incumbent president then?
In applying history or realities, the SC said it is a matter of public record and
common public knowledge that the ConCom refers to incumbent President
Corazon C. Aquino and Vice-President Salvador H. Laurel, and to no other
persons.
What do proceedings of the convention include?
They include debates, interpellations and opinions.
Can we resort to proceedings right away?
No, resort to proceedings may only be had if other extrinsic aid fail.
Montejo v COMELEC, 242 SCRA (1995)
FACTS:
The province of Leyte and the cities of Tacloban and Ormoc are composed of
5 legislative districts.
So, what was the problem of the petitioner then?
Montejo, who is the representative of the first district of claimed that the
transfer of municipalities resulted in inequitable distribution of inhabitants
and voters and violates the equality of representation ordained in the
Constitution. He said that the first district has 178k voters whereas the
second district has 156k voters or a difference of 22k voters.
What did he want the COMELEC to do then?
He wanted the COMELEC to transfer Tolosa, which had 7k, from the first to
the second district.
How did the Comelec defend its resolution?
Its adjustment of municipalities involved the least disruption of the
territorial composition of each district.
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IT complied with the constitutional requirement that each legislative district
shall comprise, as far as practicable, contiguous, compact and adjacent
territory.
Section 2 of the Ordinance appended to the Constitution authorizes it to
make minor adjustments in redistricting.
How did the Supreme Court resolve the issue?
Why?
The COMELEC is without jurisdiction to apportion legislative districts and the
phrase ”minor adjustments” refer to the instance where a municipality was
omitted in the enumeration of those composing the legislative district.
How did the SC construe “minor adjustments”?
From the debates and interpellations of the Constitutional Commission.
The question of who has authority to apportion legislative districts is clearly
answered in the following deliberations:
“MS . AQUINO. I have to object to the provision which will give mandate to
the COMELEC to do the redistricting. Redistricting is vitally linked to the
baneful practices of cutting up areas or spheres of influence; in other words,
gerrymandering. This Commission, being nonpartisan, a nonpolitical
deliberative body is in the best possible situation under the circumstances to
undertake that responsibility.XXX”
“ MR. OPLE. Xxx We know that the reapportionment of provinces and cities
for the purpose of redistricting is generally inherent in the constituent
power or in the legislative power. Xxx”
“Mr. SARMIENTO. May I move that this Commission do the reapportionment
of legislative districts.”
How did the Constitutional Commission vote?
The results show 30 votes in favor and none against; the motion is
approved.”
But what is the extent of authority granted to Comelec the phrase “minor
adjustments” in Section 2 of the appended Ordinance?
The Constitutional Commission deliberation show that it is limited to those
omitted:
“MR.DAVIDE.xxxThe authority conferred would be on minor corrections or
amendments, meaning to say, for instance, that we may have forgotten an
intervening municipality in the enumeration, which ought to be included in
one district. That we shall consider a minor amendment.”
“MR. DE CASTRO.xxxCan it be possible that one municipality in a district be
transferred to another district and call it a minor adjustment?
MR.DAVIDE.That cannot be done, Mr. Presiding Officer. Minor, meaning, that
there should be no change in the allocations per district. However, it may
happen that we have forgotten a municipality in between which is still in
the territory of one assigned district or there may be an error in the correct
name of a particular municipalityxxx”
“MR. DE CASTRO. So the minor adjustment which the Comelec cannot do is
that, if, for example, my municipality is in the first district of Laguna, they
cannot put that in any other district.”
“MR. DAVIDE. That is not even a minor correction. It is a substantive one.”
What is the value of changes in phraseology as an extrinsic aid?
It may be inquired into to ascertain the intent of the provision as finally
approved.
Is mere deletion of a word or phrase conclusive?
No, as it may have been omitted to avoid superfluity.
Example:
“no person shall be compelled in a criminal case to be a witness against
himself” was changed to “no person shall be compelled to be a witness
against himself”.
What is the intent why the phrase “in a criminal case” was omitted?
The intent is to make it available in cases other than criminal.
Why are prior laws and judicial decisions considered extrinsic aids?
The Constitution is written in reference to existing statutory laws at the
time.
Why is the construction by the US Supreme Court of the US Constitutional
provisions available as extrinsic aids?
Most provisions on police power, eminent domain, taxation and bill of rights
were taken or patterned after the US Constitution.
When do we apply contemporaneous construction?
When there is substantial doubt and ambiguity
What is the value of the writings of Constitutional Convention delegates
as extrinsic aid?
They have persuasive effect.
What happens when a constitutional provision is susceptible of more than
one interpretation?
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That construction which leads to absurd, impossible or mischievous
circumstances must be rejected.
Marcelino v Cruz, GR No. 42428, March 18, 1983. 121 SCRA 51
What happened in this case?
Petitioner was charged with the crime of rape. ON August 4, 1975, he rested
his case. On September 4, 1975, he submitted his Memorandum. On
November 28, 1975, the Judge submitted with the Deputy Clerk of Court his
decision for promulgation. Notices of promulgation were sent to all parties
involved.
What was the ground for resting?
The trial court lost jurisdiction over the case for failure to decide the case
within 90 days from date of submission for resolution. The 3-month period
prescribed by Section 11 (1) of Article X of the 1973 Constitution, being a
constitutional directive, is mandatory in character. Section 11(1) of Article X
says:
“Upon the effectivity of this Constitution, the maximum period within which
a case or matter shall be decided or resolved from the date of its
submission, shall be eighteen months for the Supreme Court, and, unless
reduced by the Supreme Court, twelve months for all inferior collegiate
courts, and three months for all other inferior courts,”
Article VIII, Section 15 (1) of the 1987 Constitution says:
“All cases or matters filed after the effectivity of this Constitution must be
decided or resolved within twenty-four months from the date of submission
for the Supreme Court, and unless reduced by the Supreme Court, twelve
months for all lower collegiate courts and three months for all other lower
courts.
How did the Supreme Court resolve the issue of timeliness?
The case was submitted for decision on September 4, 1975 and the Judge
rendered his decision on November 28,1975 hence only 85 days have lapsed.
How did the Supreme Court construe the constitutional provision
prescribing time to decide?
It was construed as merely directory.
Why?
To make it mandatory would make judges lose jurisdiction over the cases if
they fail to decide on time, which consequence will cause greater injury to
the public.
Does it follow that litigants are powerless if the judge delays to resolve
cases?
Not necessarily, the judge may be administratively liable.
What is your one-liner for this case?
Constitutional provisions are to be construed as mandatory, unless by
express provision or by necessary implication, a different intention is
manifest, or if they relate merely to matter of procedure.
Poe v COMELEC, GR No. 221697, March 8, 2016
How do we know that a provision relates to matter of procedure?
When the time prescribed to decide a case was incorporated for reasons of
expediency, it is deemed merely procedural.
Why is construction made by executive officers given weight?
Because they are the first to interpret the law.
IS there a condition before it is given weight?
Yes, provided that it has been construed for a considerable period of time.
Mandatory or directory character of constitutional provisions.
Are constitutional provisions mandatory or directory?
Generally, they are mandatory in nature.
What are the exceptions?
• If expressly provided
• By necessary implication
• A different intention is manifested
Why are they generally mandatory?
It is the sovereign itself that speaks, laying down rules which for the time
being control both the government and the governed.
To hold that any of the constitutional provisions is to be obeyed or
disregarded at the will or pleasure of the legislature is a dangerous doctrine.
It lowers the dignity befitting the fundamental law of the land.
Preamble and titles, how construed.
How are preamble and title construed?
They may furnish evidence of the meaning and intention of the Constitution,
but they are given little weight.
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Constitutional prohibitions(?) , how construed.
How are constitutional provisions construed?
They are construed positively and unequivocally.
Constitutional grant of power, how construed.
How is constitutional grant of power construed?
It is construed as a mandate, and not a mere direction.
What does such grant of power include?
IT includes all such particular and auxiliary powers necessary to make it
effectual.
But what if the means for the exercise of a grant of power are specified
in the Constitution?
All other means are deemed excluded.
Prospective or retroactive application.
How are constitutional provisions applied, prospectively or retroactively?
Prospectively, unless otherwise intended.
IS this mandatory and self-executing?
No, the provision does not mean that “the hands of Congress are so
hamstrung as to deprive it of the power to respond to the imperatives of the
national interest and for the attainment of other state policies or
objectives.”
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Self-executing provision, defined.
GUINGONA v CARAGUE, GR No. 94571, April 22, 1991
PAMATONG v COMELEC, GR No. 161872, April 13, 2004
How do you define self-executing provision?
It is one which is complete by itself and becomes operative without the aid
of supplementary or enabling legislation or which supplies sufficient rule by
means of which the right it grants may be enjoyed or protected.
Are constitutional provisions self-executing?
Generally, they are, except when the provision expressly requires enabling
law to implement it or from the language or tenure, they are mere
declarations of policies and principles.
What if there is a doubt whether a provision is self-executing or not?
It should be resolved in favor of it being self-executing.
Section 5 (5), Article IV of the Constitution says:
“The State shall assign the highest budgetary priority to education and
ensure that teaching will attract and retain its rightful share of the best
available talents through adequate remuneration and other means of job
satisfaction and fulfillment.”
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