Statutory Construction
Justin Sucgang
2. Curative
3. Mandatory
4. Directory
5. Substantive
6. Remedial
7. Penal
According to form:
1. Affirmative
2. Negative
STATUTES
Introduction
Law- a rule of conduct formulated and made
obligatory by legitimate power of the state.
Statute- an act of the legislature, as an organized
body, expressed in the form, and passed
according to the procedure required to constitute
it as part of the law of the land.1
Classification:
According to scope:
1. Public- affects the public at large or the
whole community
a. General- applies to the whole
state and operates upon all
people or all class; does not omit
any subject or place
b. Special- relates to a particular
persons or things or class or to a
particular community
c. Local- confined to a specific place
or community
2. Private- applies to a specific person or
subject
According to duration:
1. Permanent- operation is not limited in
duration but continues until repealed
2. Temporary- duration is for a limited
period; ceases upon the happening of an
event for which it was passed
Other classifications:
According to application:
1. Prospective
2. Retroactive
According to operation:
1. Declaratory
Manner of referring:2
1. Public Act- passed by Philippine
Commission and Philippine Legislature
(1901-1935)
2. Commonwealth Act- passed during the
Commonwealth (1936-1946)
3. Republic Act- passed by Congress of the
Philippines (1946-1972;1987-present)
4. Batas Pambansa- passed by Batasang
Pambansa
Enacting statutes
Legislative power- authority to make laws, and to
alter and repeal them
*This is held by the people, in their original,
sovereign and unlimited power. But they have
vested it in the Congress of the Philippines.3
Procedures in passing a law:
*Apart from the provisions in the Constitution
(Sec. 26 Par. 2, Art. VI)4, each house has its own
2
Statutes are serially numbered and has a name
3
Section 1 (Const). 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.
4
1
Presidential Decrees during martial law (Marcos) and Executive
Orders during the revolutionary government (Aquino) are also
considered statutes since they were passed by the president in the
exercise of his legislative powers.
x x x (2) 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
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
detailed procedures embodied in their Rules (Sec.
16 Par. 3, Art. VI)5.
1. A bill is introduced by any member of the
Congress, signed by the authors and filed
with the Secretary of the house. May
introduce in either house except
appropriation, revenue or tariff bills, bills
authorizing increase of public debts, bills
of local applications, and private bills (Sec.
24 Art. VI).6
2. First reading- Secretary reports the bill for
first reading:
- Reading the title and number of
bill
- Referral to appropriate
committee for study and
recommendation
- Committee may hold public
hearings and submit its report
and recommendation for
Calendar for second reading
3. Second reading- bill shall be read in full
with the proposed amendments by the
committee
- Subject to debates, pertinent
motions and amendments
- After these, bill shall be voted
upon
4. Third reading- final vote by yeas and nay7
amendments, there will be a Conference
Committee
5. Conference Committee- this is where the
differences will be settled. The
amendments introduced in this level will
have to be approved by both Houses for
passage.8
6. Approval and authentication - signing of
the Senate President and the House
Speaker and their respective secretaries
(Enrolled Bill)
7. Submission to the President:9
A bill is passed in three ways:
1. When the president signs it
2. When the president does not sign nor
communicate his veto of the bill
within 30 days after his receipt
3. When the vetoed bill is repassed by
Congress by two-thirds vote of all its
members, voting separately.
Enrolled bill- the bill as passed by Congress,
authenticated by the House Speaker and Senate
President and approved by the President
Rule: The text of the act as passed and
approved is deemed importing absolute
verity and is binding on the courts. If
there has been any mistake in the printing
8
*After a house has approved their own version, it
will be transmitted to the other house, which will
follow the same procedures. If without
amendments, the bill is passed by Congress and is
submitted to the President. If there are
There are instances where the version of the conference
committee is entirely different from those of the two Houses- for it
may deal generally with the subject matter or precisely to the
differences, or even introduce a new provision. However, this is still
valid for the powers of said committee are broad. That is why some
political scientists call this the Third House (Philippine Judges
Association v. Prado).
9
shall be allowed, and the vote thereon shall be taken immediately
thereafter, and the yeas and nays entered in the Journal. x x x
5
x x x (3) Each House may determine the rules of its proceedings, x x
x
6
All appropriation, revenue or tariff bills, bills authorizing increase of
the public debt, bills of local application, and private bills, shall
originate exclusively in the House of Representatives, but the Senate
may propose or concur with amendments.
7
If there is a presidential certification, the requirement of three
readings on separate days, and printed copies in final form may be
dispensed with (Tolentino v. Secretary of Finance).
Section 27. (1) Every bill passed by the Congress shall, before it
becomes a law, be presented to the President. If he approves the
same he shall sign it; otherwise, he shall veto it and return the same
with his objections to the House where it originated, which shall
enter the objections at large in its Journal and proceed to reconsider
it. If, after such reconsideration, two-thirds of all the Members of
such House shall agree to pass the bill, it shall be sent, together with
the objections, to the other House by which it shall likewise be
reconsidered, and if approved by two-thirds of all the Members of
that House, it shall become a law. In all such cases, the votes of each
House shall be determined by yeas or nays, and the names of the
Members voting for or against shall be entered in its Journal. The
President shall communicate his veto of any bill to the House where
it originated within thirty days after the date of receipt thereof,
otherwise, it shall become a law as if he had signed it.
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
Parts of a statute
of the bill before it was certified, the
remedy is by amendment by enacting a
curative legislation and not a judicial
decree.10
Presumption: It carries on its face a
solemn assurance by the legislative and
executive departments of the
government that it was passed by the
assembly. Hence, the respect due to coequal and independent departments
requires the judiciary to act upon that
assurance and to accept all bills duly
authenticated.11
1. Title
- Bill must embrace only one subject
expressed in its title15
- But must not be an index to, or be an
exhaustive catalogue of the body of
the act as to cover every single detail
- It is enough that the title indicates the
general subject, and reasonably
covers all provisions of the act and
not calculated to mislead the public
Reasons:
- Prevent hodgepodge or log-rolling
legislation
- Prevent fraud and surprise through
introduction of provisions not
germane to the statute (which have
not received notice, action and study
of the legislators)
- Language that must be sufficient to
notify the legislators and the public
- Title serves as guide to ascertain
legislative intent
How construed:
- Should be liberally construed
- Not be given technical interpretation
nor narrowly construed to cripple or
impede the power of the legislature
- If there is doubt, it should be resolved
in favour of the one title-one subject
(presumption of constitutionality)
Journal Entry- a requirement by the Constitution
to each house of the Congress (Sec. 16 Par.4 Art.
VI)12
- conclusive with respect to matters that
are required by the Constitution to be
recorded therein
- based from considerations of public policy
*Enrolled bill v. Journal Entry
-In case of conflict, the enrolled bill should prevail,
particularly with respect to matters not expressly
required to be entered into the legislative
record.13
Exception: When the Speaker and Senate
President withdraw their respective
signatures from the signed bill where
there is serious and substantial
discrepancy between the text of the bill
as deliberated and shown by the journal
and that of the enrolled bill.14
10
Casco Phil. Chemical Co., Inc. v. Gimenez
11
Morales v. Subido
2. Preamble
- Prefatory statement or explanation
(finding of facts, reciting the purpose,
reason, or occasion for making the
law). Hence, important role in
construction
- Usually found after the enacting
clause and before the body in
presidential decrees and executive
orders
12
x x x(4) Each House shall keep a Journal of its proceedings, and
from time to time publish the same, excepting such parts as may, in
its judgment, affect national security; and the yeas and nays on any
question shall, at the request of one-fifth of the Members present,
be entered in the Journal. Each House shall also keep a Record of its
proceedings. x x x
13
Morales v. Subido
14
Astorga v. Villegas
15
Art. VI Sec. 26 (1). Every bill passed by the Congress shall embrace
only one subject which shall be expressed in the title thereof. x x x
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
-
-
Legislature seldom puts this because
the reason for the law is contained in
its explanatory note
Kinds of statutes
3. Enacting Clause
- Part written immediately after the
title
- States the authority by which the act
is enacted
- Co tai s the ph ases, Be it e a ted
... o No , the efo e, I...
i tue
of the powers in me vested by the
Co stitutio , do he e de ee...
1. Legislative acts
2. Presidential issuances- those which the
president issued in the exercise of his
ordinance power (Chapter 2, Book III, AC)
a. Sec. 2. Executive Orders. - Acts of
the President providing for rules
of a general or permanent
character in implementation or
execution of constitutional or
statutory powers shall be
promulgated in executive orders.
b. Sec. 3. Administrative Orders. Acts of the President which relate
to particular aspect of
governmental operations in
pursuance of his duties as
administrative head shall be
promulgated in administrative
orders.
c. Sec. 4. Proclamations. - Acts of
the President fixing a date or
declaring a status or condition of
public moment or interest, upon
the existence of which the
operation of a specific law or
regulation is made to depend,
shall be promulgated in
proclamations which shall have
the force of an executive order.
d. Sec. 5. Memorandum Orders. Acts of the President on matters
of administrative detail or of
subordinate or temporary
interest which only concern a
4. Purview/Body of the Statute
- What the law is all about
- Should embrace one subject matter
- The provisions, although different and
diverse, must be allied and germane
to the subject and purpose of the bill
- Usually divided into sections
(numbered and contains a single
proposition)
- Usually includes a short title, policy,
definition, administrative sections,
sections prescribing standards of
conduct, imposing sanctions for
violations of its provisions, transitory
provisions
5. Separability Clause
- States that if any provision is declared
invalid, the remainder shall not be
affected
Presumption: Legislature intended a
statute to be effective as a whole and
would not have passed it had it foreseen
that some part of it is invalid.
Exception: Where provisions cannot stand
alone as to those left, after the void part,
is not complete and workable
6. Repealing Clause
7. Effectivity Clause
- When the law takes effect
Usually 15 days from the publication
in the Official Gazette16 or in a
newspaper of general circulation17
16
Art. 2 (CC). Laws shall take effect after fifteen days following the
completion of their publication in the Official Gazette, unless it is
otherwise provided. This Code shall take effect one year after such
publication.
17
Art. 18 (AC) Laws shall take effect after fifteen (15) days following
the completion of their publication in the Official Gazette or in a
newspaper of general circulation, unless it is otherwise provided
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
in the execution, enforcement and
administration of said law.
particular officer or office of the
Government shall be embodied in
memorandum orders.
e. Sec. 6. Memorandum Circulars. Acts of the President on matters
relating to internal
administration, which the
President desires to bring to the
attention of all or some of the
departments, agencies, bureaus
or offices of the Government, for
information or compliance, shall
be embodied in memorandum
circulars.
f. Sec. 7. General or Special
Orders.- Acts and commands of
the President in his capacity as
Commander-in-Chief of the
Armed Forces of the Philippines
shall be issued as general or
special orders.
-
-
*The rules are binding upon the Courts,
but the interpretation is not.
4. Supreme Court rule-making powerthe Constitution granted the Supreme
Court to promulgate its own rules
(Sec. 5 Par. 5, Art. VIII)18
*Usually procedural only for only the
legislative department may create
substantive laws.
5. Local government units- power to
enact ordinances19
3. Administrative rules and regulationsissued by administrative or executive
offices in accordance with, and as
authorized by, law have the force and
effect of law or partake the nature of the
statute
Requirement for validity:
1. Provisions should be germane to the
objects and purpose of the law.
2. Not in contradiction with, but
conform to, the standards that the
law prescribes
3. They be for the sole purpose of
carrying into effect the general
provisions of the law
*The rule-making power of a public
administrative agency is a delegated
legislative power. It may not use its power
to bridge the authority to enlarge its
power beyond the scope intended.
*The law passed by the legislature should
be: (1) complete in itself, and (2) should
fix a standard, in order for an
administrative agency to fill in the details
Administrative rule- promulgating
a new law with force and effect of
a valid law.
Administrative interpretationsrendering an opinion or giving a
statement of policy
Requirements of validity:20
1. Not contravene the Constitution or
any statute
2. Not be unfair or oppressive
3. Not be partial or discriminatory
4. Not prohibit but may regulate trade
5. General and consistent with public
policy
6. Not unreasonable
Barangay/Municipal/City/Provincial
ordinances
18
x x x (5) Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice, and
procedure in all courts, the admission to the practice of law, the
integrated bar, and legal assistance to the under-privileged. Such
rules shall provide a simplified and inexpensive procedure for the
speedy disposition of cases, shall be uniform for all courts of the
same grade, and shall not diminish, increase, or modify substantive
rights. Rules of procedure of special courts and quasi-judicial bodies
shall remain effective unless disapproved by the Supreme Court.
19
Local Government Code of 1991
20
Lagcao v. Labra
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
-
-
-
-
Passed by majority vote of council
members
Submitted to the mayor (for
municipal/city), if unacted for 10
days, considered passed;
governor (for province), if
unacted for 15 days, considered
passed
Vetoed ordinance may be passed
by a vote of 2/3 of council
members
Subject to review by sangguniang
bayan o panglunsod/sangguniang
panlalawigan
If no action in 30 days, ordinance
will be presumed consistent with
laws
Validity of statutes
Presumption of validity
Basis: Before the legislature passes a bill, it has
decided the measure to be constitutional. And
when the President approves the bill, he has been
convinced of its validity.
Effect: To justify the nullification of the law, there
must be clear and equivocal breach of the
Constitution, not a doubtful and argumentative
implication.
*The final authority to declare unconstitutionality
is the Supreme Court sitting en banc (Sec. 4 Par. 2,
Art. VIII).21
Judicial Power22
1. Judicial power includes the duty of the
courts of justice to settle actual
controversies involving rights which are
legally demandable and enforceable
21
x x x(2) All cases involving the constitutionality of a treaty,
international or executive agreement, or law, which shall be heard
by the Supreme Court en banc, and all other cases which under the
Rules of Court are required to be heard en banc, including those
involving the constitutionality, application, or operation of
presidential decrees, proclamations, orders, instructions, ordinances,
and other regulations, shall be decided with the concurrence of a
majority of the Members who actually took part in the deliberations
on the issues in the case and voted thereon.
22
Sec. 1, Art. VIII (Const)
2. Determine whether or not there has been
a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part
of any branch or instrumentality of the
Government.
Requisites:
1. Actual case and controversy
2. Locus standi
3. Raised at the earliest possible time
4. Lis mota of the case
Actual case and controversy
- There must be a justiciable controversy
(can be decided on grounds recognized by
the law)
Exceptions: Political questions- issues
dependent upon wisdom not the legality of
the law
Locus standi
- Legal standing to sue
- The person has substantial interest in the
case such that the party has sustained or
will sustain direct injury
1. Citizen standing- suffered some
actual or threatened injury as a result
of the allegedly illegal conduct of the
government (Tanada v. Tuvera)
2. Ta pa er’s sta di g- public funds
have been disbursed in alleged
contravention of the law or
Constitution (ITF v. COMELEC)
Basis: Expenditure of public funds by
an officer of the state for the purpose
of administering an unconstitutional
act constitutes a misapplication of
such funds
3. Legislator’s sta di g- when their
powers are impaired; questioning the
validity of a presidential veto (Ople v.
Torres)
4. Transcendental significance- the
Court has adopted a liberal attitude
(brushing aside technicalities of
procedure) on standing where the
petitioner has shown that an issue
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
1. Not within the legislative power to enact
2. When it allows something to be done
which the fundamental law condemns or
prohibits
3. Vagueness- lacking comprehensible
standards that men of common
intelligence must necessarily guess at its
meaning and differ in its application
Basis:
- Violates due process for failure to
accord the people fair notice of
what conduct to avoid.
- Leaves law enforcers unbridled
discretion in carrying out its
provisions and becomes an
arbitrary flexing of the
government muscle
has paramount importance to the
public (Chavez v. PEA and AMARI)
Raised at the earliest possible time
- Question must be raised in the pleading,
complaint, information or petition by the
plaintiff or petitioner or in the answer by
defendant or respondent.
Exception:
1. Can be raised in a motion for
reconsideration if the statute sought to
be invalidated was not in existence when
the complaint was filed.23
2. At any stage of the proceedings in a
criminal case24
3. Where the determination of the question
is necessary to the decision for civil
cases25
4. Where it involves jurisdiction of the court
below26
Lis mota of the case
- The Court may not pass upon the validity
of a statute if it can decide the case on
some other grounds
- If the only issue is the a constitutional
question which is unavoidable, the Court
should confront the question and decide
the case on the merits
Test of constitutionality
1. Must not contravene the Constitution or
any statute
2. Must be general and consistent with
public policy
3. Must not be unfair or oppressive
4. Must not be partial or discriminatory
5. Must not be unreasonable
6. Must not prohibit but may regulate trade
Grounds for nullification
23
Alonso v. PNB
24
San Miguel Brewery v. Magno
25
Id
26
Id
Effects of unconstitutionality
General rule: An unconstitutional act is not a law,
confers no right, imposes no duties, affords no
protection, creates no office; in legal
contemplation, inoperative as though it had never
been passed.
*This is also known as the orthodox view. Not
only the parties but all persons are bound by
declaration of nullity; no one may invoke it nor
may the courts be permitted to apply it
subsequently
*The orthodox view is expressed in Art. 7 (CC).27
However, it is not always the case that a law is
constitutionally faulty per se (i.e., may be valid in
its general import but invalid in its application to
certain situations). A judicial declaration of nullity
may not necessarily obliterate all the effects and
consequences of a void act occurring prior to such
declaration. A situation that is fait accompli may
no longer be open for inquiry, let alone to be
unsettled by a subsequent declaration of nullity of
a statute.
Modern view
27
Art. 7 (CC). When the court declares a law to be inconsistent with
the Constitution, the former shall be void and the latter shall govern
xxx
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
-
-
1. For statutes proper, usually 15 days from
the publication in the Official Gazette28 or
in a newspaper of general circulation,29
unless provided otherwise. But the ruling
may seem in contradiction with the PVB
Employees Union v. Vega, the phrase
u less othe ise p o ided p o ided a
exception as to the date of effectivity of a
statute.
2. For issuances, rules and regulations, there
should be a publication30 and filing in the
the UP Law Center.31
3. For ordinances, Sec. 59 of the Local
Government Code shall apply.32
The court does not annul or repeal statute if it
violates Constitution; it simply refuses to
recognize it and determines the rights of the
parties just as if it had no existence
The decision affects the parties only
No judgment against the statute: opinion of
the court may act as a precedent, but it does
not strike out, repeal, supersede, revoke, or
annul it
Exception: Invalidity Due to Change of Conditions
Inapplicable to a statute that is declared
invalid because of the change of circumstances
affecting its validity (emergency laws). The
declaration of their nullity should be applied
prospectively, and affect only the parties involved
in the case.
Partial Invalidity
General rule: Where the part of the 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 (separability clause).
Reason: Legislature intended a statute to be
effective as a whole and would not have
passed it had it foreseen that some part of it
is invalid
Exception: When the parts of the statute are
so mutually dependent and connected, as
conditions, considerations, inducements, or
compensations for each other, as to warrant a
belief that the legislature intended them as a
whole, the nullity of one part will vitiate the
rest.
Effectivity of statutes
General rule: Statutes continue to be in force until
changed or repealed by the legislature.
*Not changed by change of sovereignty, conquest
or colonization.
28
Art. 2 (CC). Laws shall take effect after fifteen days following the
completion of their publication in the Official Gazette, unless it is
otherwise provided. This Code shall take effect one year after such
publication.
29
Sec. 18 (AC) Laws shall take effect after fifteen (15) days following
the completion of their publication in the Official Gazette or in a
newspaper of general circulation, unless it is otherwise provided
30
Id
31
Sec. 3, Book VII (AC). Filing. - (1) Every agency shall file with the
University of the Philippines Law Center three (3) certified copies of
every rule adopted by it. Rules in force on the date of effectivity of
this Code which are not filed within three (3) months from that date
shall not thereafter be the basis of any sanction against any party or
persons.
32
Effectivity of Ordinances or Resolutions. (a) Unless otherwise stated
in the ordinance or the resolution approving the local development
plan and public investment program, the same shall take effect after
ten (10) days from the date a copy thereof is posted in a 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 (2) other
conspicuous places in the local government unit concerned.
(b) The secretary to the sanggunian concerned shall cause the
posting of an ordinance or resolution in the bulletin board at the
entrance of the provincial capitol and the city, municipal, or
barangay hall in at least two (2) conspicuous places in the local
government unit concerned not later than five (5) days after
approval thereof.
The text of the ordinance or resolution shall be disseminated and
posted in Filipino or English and in the language or dialect
understood by the majority of the people in the local government
unit concerned, and the secretary to the sanggunian shall record
such fact in a book kept for the purpose, stating the dates of
approval and posting.
(c) 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 the absence of any
newspaper of general circulation within the province, posting of such
ordinances shall be made in all municipalities and cities of the
province where the sanggunian of origin is situated.
(d) In the case of highly urbanized cities, the main features of the
ordinance or resolution duly enacted or adopted shall, in addition to
being posted, be published once in a local newspaper of general
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
Manner of computing time:
When the laws speak of years, months, days or
nights, it shall be understood that years are of
three hundred sixty-five days each; months, of
thirty days; days, of twenty-four hours; and nights
from sunset to sunrise.
If months are designated by their name, they shall
be computed by the number of days which they
respectively have.
In computing a period, the first day shall be
excluded, and the last day included.33
Exception: Computation of the prescription of a
crime. If the last fell on a Sunday or a legal
holiday, a charge cannot be filed on the next
working day since it shall be considered
prescribed.
circulation within the city: Provided, That in the absence thereof the
ordinance or resolution shall be published in any newspaper of
general circulation.
33
Art. 13 (CC)
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
CONSTRUCTION AND INTERPRETATION
-
-Art or process of discovering and expounding the
meaning and intention of the authors of the law,
where that intention is rendered doubtful by
reasons of ambiguity in its language or the fact
that the given case is not explicitly provided for in
the law.
Basis: Because of infirmities of language and the
limited scope in legislative drafting.
Interpretation- Art of finding the true meaning
and sense of any form of words
Construction- Drawing warranted conclusions not
always included in direct expressions, or
determining the application of words to facts in
litigation.34
Purpose: Ascertaining the true intent of the
legislature.
Assumption: The legislature enacts a law with the
end in view that it will, in cases of doubt, be
construed in accordance with the settled
principles of interpretation.
*Rules of statutory construction are used to
ascertain legislative intent. But they are not rules
of law but mere axioms of experience, hence, not
binding nor controlling on the courts.
Legislative intent- is the essence of the law. It is
the spirit which gives life to legislative enactment
Legislative purpose- reason why a
particular statute was enacted
Legislative meaning- what the law, by its
language means
*The primary source of legislative intent should
be the statute itself.
Power to construe
- The duty and power to interpret or construe a
statute or the Constitution belongs to the
judiciary (Sec. 4 Par. 2, Art. VIII).
It is the Court which has the final say as to
what the law means.
Limitations: The Court can only construe an
applicable law in controversies which are ripe
for judicial resolution. Neither moot nor
academic (purpose has become stale or
where no practical relief can be granted or
which can have no practical effect).
Exception: If the issue is apa le of
epetitio et e adi g e ie espe iall
where public interest requires its
resolutions.35
*The legislature has no power to overrule the
interpretation made by the Court.36
Meaning: The legislature cannot, by law or
resolution, modify or annul the judicial
construction without modifying or repealing the
very statute which has been subject of
construction.
Exceptions:
1. When the Supreme Court reverses itself
2. By amending the Constitution
3. By enacting a new statute
Endencia v. David
After a judicial declaration interpreting a constitutional
provision that taxing is a form of diminution of salary,
Congress enacted a law to include justices and
members of the judicial body in the scope of taxing
power of the government.
Held: Congress cannot, by law, modify an
interpretation of the Constitution made by the court.
Including the judicial officers to the scope of taxation is
a form of interpretation of the Constitutional provision
against diminution of salaries.
When to construe
35
Pimentel v. Ermita
If the legislatu e a de la e hat a la
ea s, o hat a
specific portion of the Constitution means, especially after the courts
have in actual case ascertained its meaning by interpretation and
applied it i a de isio , this ould su el ause o fusio . E de ia
v. David)
36
34
Conclusions which are in the spirit, though not within the letter of
the text.
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
Condition sine qua non: Before the court may use
its power to construe, there must be ambiguity in
the language of the statute. For where there is no
ambiguity, there is no room for construction, only
for application.
Ambiguity- condition of admitting two or more
meanings, of being understood in more than one
way, or of referring to two or more things at the
same time.
*susceptibility to more than one
interpretation
More application, less construction
- The first and fundamental duty of the
court is to apply the law.
- Construction comes only after there has
been a showing of ambiguity, hence,
application is impossible
Verba legis (Plain meaning rule)
- Where the statute is clear, plain and free
from ambiguity, it must be given its literal
meaning and applied without
interpretation.
- Where the law speaks in clear and
categorical language, there is no room for
interpretation. There is only room for
application.37
- Law cannot be changed under the guise
of interpretation.38
Maxim: index animi sermo est (speech is the
index of intention)
Presumption: The words employed by the
legislature in a statute correctly express its
intention or will and preclude the court from
construing it differently.
Silva v. Cabrera
Cabrera wanted to construct an ice plant even if there
is an existing one already owned by petitioner. The
case was brought to the Public Service Commission,
and the agency appointed Atty. Espellera to hear the
case and receive evidence. The PSC rendered a
decision allowing respondent to operate.
37
Cebu Portland Cement v. Municipality of Naga
38
Crisologo v. Macadaeg
Held: Where the law is clear, there is only room for
application. Although the law granted the PSC to
appoint an attorney to take testimony of the witnesses
if residing distant from Manila, the law is clear that
only the commission can hear, receive evidence, and
render a decision.
Quijano v. DBP
Petitioner, a veteran, obtained a loan from DBP. He
wanted to pay the subsisting obligation through the
backpay certificate.
Held: The law is clear, backpay certificate may only be
used to pay for the loan if the subsisting obligation was
obtained prior to the passage of RA 897. A subsisting
obligation may only be considered after receipt of the
loan, not on the day of awarding of application (since,
there was still no obligation at that time).
Commissioner of Internal Revenue v. Limpan
Investment
The BIR found that respondent had tax deficiencies for
more than two years. They brought the case to the
Court of Tax Appeals where it held that the interest
and surcharge should start from period where the
decision became final.
Held: The National Internal Revenue Code clearly
stated that in computing the interest and surcharge of
the tax deficiency, it should start from the date of
notice and demand. The CTA, therefore, made an error
where it fixed a new date.
People v. Mapa
Mapa claimed that he was a secret agent of Governor
Leviste when he was charged for illegal possession of
unlicensed firearms.
Held: Although it was earlier held that secret agents
may be exempted from possession of firearms since
they do the work of peace officers, the Revised
Administrative Code clearly enumerated those who
may be exempted, and secret agents were not
included.
Chartered Bank Employees v. Ople
Employees of Chartered Bank complained that they
were not paid for the 10-day holiday. Employer said
that a circular made by Sec. Ople clarified that regular
employees are presumed to be paid for the whole
year, thereby also counting holidays.
Held: The Labor Code clearly stated that holidays
should be paid by the employer to regular employees,
hence, the circular is invalid. Moreover, it was also
found out that the computation for the salaries did not
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
include said holidays, hence, the employer is really
liable for said payment.
Melendres v. COMELEC
Melendres lost to Concepcion in a barangay election.
He filed an election protest to an MTC. Concepcion
filed a petition to the COMELEC and moved to dismiss
it upon knowing that no docket fee was paid. Hence,
petitioner questioned the jurisdiction of the COMELEC.
Held: Payment of docket vests jurisdiction to a court
(Gatchalian v. CA). Non-payment of this means no
protest must be given due course. The COMELEC is
right when it dismissed it since its Rules of Procedure
provided that protests should be filed 10 days after the
proclamation; the payment was done 25 days after
said proclamation.
Ratio legis (Spirit of the law)
Moving away from the literal
interpretation
Maxims: ratio legis et anima legis (the reason
of the law is its soul);
ratione cessat lex et cessat lex (when
the reason of the law ceases, the law ceases)
Presumption: The letter of the law is its body;
the spirit (reason), the soul; and the
construction of the former should never be so
rigid and technical as to destroy the latter.
People v. Nazario
Nazario, a lessee of land used as fishpond, was taxed
under a municipal ordinance. He contended that said
ordinance was vague.
Held: The la is ot ague. The o d o e should
be construed as to include petitioner. Since the land is
owned by the government, for he is a mere lessee, it
cannot be said that the tax should shouldered by the
latter for being the owner. Petitioner, being the
operator of the pond, manager of the workers, and the
one who gets profit from it should be responsible for
the tax burden.
Ursua v. CA
Usua was charged with a case for allegedly using an
alias in claiming a complaint. Since the messenger of
his legal counsel was attending some personal matters,
petitioner asked for the permission to use the
esse ge ’s a e. Later, it was found out that he
signed using that messenger’s a e.
Held: The law penalizing the use of aliases should not
be construed literally. It should be interpreted in light
of the purpose it serves and the evils it seeks to
p e e t. U sua’s use of a fi titious a e i a si gle
instance without any sign that he intended to be
known by this name does not fall within the provision
of CA 142.
Supreme Court rulings part of the legal system
Judicial decisions applying or interpreting the laws
or the Constitution shall form part of the legal
system of the Philippines.39
Maxim: legis interpretato legis vim obtinet (the
authoritative interpretation of a statute acquires
the force of the law by becoming a part thereof)
- As of the date of the date of enactment
- Interpretation establishes the
contemporaneous legislative intent
stare decisis et non quieta movere
- When the Supreme Court has once
laid down a principle of law as
applicable to a certain state of facts, it
will adhere to that principle and apply
to all future cases where the facts are
substantially the same
- Assures certainty and stability in the
legal system
Perfecto v. Meer
Held:
Endencia v. David
Following the ruling in Perfecto v. Meer that a tax on
SC justices and other officials of the judiciary is a
diminution of their salary, contrary to the Constitution,
Congress enacted a law including subjecting them to
income tax and declaring that it is not a diminution of
their salary.
Held: Congress cannot overrule, in a legislative action,
a construction of a constitutional provision made by
the Cou t. I de la i g that su je ti g ou t offi ials
to i o e ta is ot a di i utio of thei sala , the
are invading the province of the Court to interpret
laws.
People v. Canton
39
Art. 8 (CC). Judicial decisions applying or interpreting the laws or
the Constitution shall form a part of the legal system of
the Philippines.
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
The metal detector beeped when Susan Canton passed
through it. Initially she said that it was only money, but
the lady frisker called her superior. She was brought
inside a rest room and was frisked. Several grams of
shabu was found in her abdominal, genital, and thigh
areas.
Held: Although the Constitution grants the right to
privacy, the Terry search conducted to her is valid. The
arrest without a warrant was justified since it was only
carried out upon discovery and recovery of shabu in
her as ruled in People v. Johnson.
DAR v. Sutton
Respondent inherited a land which they devoted for
cattle breeding. Initially they availed of voluntary offer
to sell because of incentives, but withdrew it after the
Court promulgated the doctrine exempting agricultural
lands used for poultry and livestock breeding in Luz
Farms v. DAR Secretary. Petitioner only granted partial
exemption on the basis of an administrative order
issued.
Held: The ruling of the Court should be enforced. In its
interpretation in Luz Farm, it clearly declared the
exemption of said lands used in poultry and livestock.
The administrative order providing for a 1:1 ratio is
unconstitutional. Although the DAR may issue orders
and regulation, these are subject to judicial review.
*The interpretation of a statute remains to be
part of the legal system until the Supreme Court
overrules it and the new doctrine overruling the
old is applied prospectively in favour of parties
who relied on it in good faith.
*Judicial ruling cannot be given retroactive effect
if to do so will impair vested rights and the parties
relied on it in good faith.
Maxim: lex prospicit, non respicit (the law looks
forward, not backward)
Columbia Pictures v. CA
After being granted a petition for a search warrant in
an alleged place where pirated movies were produced,
the CA dismissed the case when the SC promulgated a
new doctrine requiring the presentation of the master
copy.
Held: Although court interpretations are deemed part
of the law during its enactment, it could not be applied
retrospectively especially when it introduces a new
ruling and vested rights were accrued before
(production of master copy).
People v. Licera
Defendant was charged with illegal possession of
firearms. He contended that he is exempted from this
rule saying that he was a secret agent employed by
Gov. Leviste of Batangas.
Held: Although the then prevailing ruling was People v.
Mapa, where secret agents are not anymore
considered as peace officer, therefore, not exempted
from permit to carry firearms, it was non-existent
when Licera was charged. The then ruling was People
v. Macarandang where the Court interpreted secret
agents as peace officers. Hence, the latter should apply
to this case since Licera relied on it in good faith.
*Only Supreme Court sitting en banc may modify
or abandon an established principle of law, not
any division (Sec. 4 Par. 3, Art. VIII)40
Exception: If the Court has stated in a decision not
a principle of law but a mere obiter dictum (a
thing said in passing), a division may validly reject
or disregard it.
*The Court has the duty to formulate guiding and
controlling constitutional principles, precepts or
doctrines. The power to issue guidelines is not
judicial legislation, the Court merely defines what
the law is.
Examples:
1. Partylist: Ang Bagong Bayani-OFW Labor
Party v. COMELEC
2. Psychological incapacity: Republic v. CA
and Molina
3. Anti-subversion: People v. Ferrer
4. Rights when arrested: Morales v. Enrile
Floresca v. Philex Mining
Several workers of respondent died when the mine
collapsed. The petitioners asked for compensation
which was given. After learning that there was
negligence on the part of the company, petitioners
sued and asked for damages under the Civil Code.
40
(3) Cases or matters heard by a division shall be decided or
resolved with the concurrence of a majority of the Members who
actually took part in the deliberations on the issues in the case and
voted thereon, and in no case without the concurrence of at least
three of such Members. When the required number is not obtained,
the case shall be decided en banc: Provided, that no doctrine or
principle of law laid down by the court in a decision rendered en
banc or in division may be modified or reversed except by the court
sitting en banc.
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
Held: There was no judicial legislation when the
Supreme Court held that petitioners can still claim
damages in civil ou ts e e if the Wo k e ’s
Compensation Act expressed that its Commission shall
have exclusive original jurisdiction. It just merely gives
life to the law.
*The court should interpret the law as a whole
Acop v. Guingona
Two police officers testified that the Kuratong Baleleng
controversy was in fact a rub-out not a shoot-out.
Sens. Drilon and Roco placed them under the witness
protection program.
Held: Although in Sec. 3 clearly said that only the
relatives of police officers and not themselves are
qualified for said protection, Sec. 4 provided that the
Senate and the House may also give this protection to
any person. The statute must be interpreted as a
whole, giving life to all its parts, hence, Sec. 4 should
be seen as an exception to the provision in Sec. 3.
Limitations on power to construe
1. Courts may not, under the guise of
interpretation, enlarge the scope of a
statute and include therein situations not
provided nor intended by lawmakers.41
2. Neither should courts construe statutes
which are perfectly vague for it is
repugnant to the Constitution (see test of
Constitutionality)
3. Courts do not pass upon questions of
wisdom, justice or expediency of
legislation. For any shortcoming of a
statute is for the legislative alone to
correct by appropriate enactment.42
Cou ts a e ot autho ized to i se t i to the la
hat the thi k
should be in it or to supply what they think the legislature would
have supplied if its attention had ee alled to the o issio .
(People v. Garcia)
41
42
Lacson v. Roque
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
AIDS TO CONSTUCTION
-
*Where the meaning of the statute is ambiguous,
the courts may avail of itself all legitimate aids to
construction to ascertain the true intent of the
legislature.
-
Intrinsic- found in the printed page of the statute
Extrinsic- extraneous facts and circumstances
outside the printed page
-
Intrinsic Aids
-
1.
2.
3.
4.
5.
6.
7.
Title
Preamble
Context of the whole text
Punctuation marks
Capitalization of letters
Headnotes or epigraphs
Language/ lingual text
Title
-
It may indicate the legislative intent to
extend or restrict the scope of the law
- Carries more weight because of the
constitutional requirement of one bill-one
subject expressed in the title43
- An indispensable part of a statute for
what may inadequately be omitted in the
text may be supplied by its title (City of
Baguio v. Marcos).
Exception: When the text of the statute is
clear and free from doubt
Ebarle v. Sucaldito
Gov. Ebarle sought to dismiss several criminal charges
of graft and corruption due to non-compliance to EO
264 outlining the procedures for complaints against
government officials with commission of irregularities.
Held: The title of the statute clearly talks about
o
issio of i egula ities, ea i g to sa ,
administrative complaints. Hence, this is not applicable
to criminal procedures. While both may be considered
crimes, the EO is rather specific about this.
Preamble
43
Art. VI Sec. 26(1) Every bill passed by the Congress shall embrace
only one subject which shall be expressed in the title thereof. x x x
Part written immediately after the titleWhe eas lauses
Although not an essential part of the
statute, it is important if there is
ambiguity in the meaning since it states
the purpose, reason or justification for
the enactment of the law
Key of the statute- holds the purpose to
be achieved, mischief to be remedied,
and object to be accomplished (legislative
intent)
Found only in presidential decrees issued
by the president in the exercise of his
legislative power since Congress usually
include an explanatory note
People v. Purisima
PD 9 was promulgated making the carrying of bladed
weapons criminal. Several individuals in different
provinces were caught and charged for this.
Held: The Cou t, i usi g the whereas clauses, said
that in order for this to be a crime, it should be in
fu the a e to e ellio , seditio a d oup d’etat.
Clearly, the acts should be within the intent of PD 1081
and GO 6 and 7.
Context of the whole text
- Best source to ascertain legislative intent
is the statute itself- words, phrases,
sentences, sections, clauses, provisions
- Taken as a whole and in relation to
another; not from an isolated part or
particular provision
PRC v. De Guzman
Medicine students from Fatima University got
unusually high scores in their board exam. This
prompted the PRC to conduct an investigation.
Afterwards, they did not allow said examinees to take
their oath.
Held: The law should be interpreted as a whole.
Although it ordered the PRC to allow students, upon
completion of all requirements to take oath in Sec. 22,
the succeeding provision qualified this by saying that it
should be done upon satisfactorily completing
everything. With the use of a dictionary, the Court said
that they should be capable of dispelling doubt or
ignorance.
Basbacio v. Office of the Secretary of Justice
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
The semi-colon (;) indicates separation in
the relation of the thought. But what
follows it should be related to the one
preceding it. Although both used for the
same purpose, the semi-colon is more
pronounced and is greater in degree than
that of a comma (,). Neither is used to
introduce a new idea.
- A period (.) is a mark used to indicate the
end of the sentence.
- Aids of low degree and can never control
against the intelligible meaning of the
written words
- Argument based upon these alone is not
persuasive
Reason: Punctuation marks are neither a part
of the statute nor the English language.
When used: If it gives the statute a meaning
which is reasonable and in accord with the
will of the legislature
Petitioner was accused, together with his son-in-law,
of murder and two counts of frustrated murder of a
family whom they have land disputes. However, he
was acquitted by the CA for insufficiency of evidence
proving conspiracy. Hence, he petitioned for payment
of compensation for being unjustly accused to the
Secretary of Justice but was denied
Held: The te
u justl should e o st ued i te s
of the manner of conviction and not on his acquittal.
There should be malice in the accusation which results
to unjust imprisonment and conviction. Agreeing on
the contention of the accused renders the provision
with this qualifying word ineffective.
Garcia v. SSS
Garcia, the remaining member of the Board of
Directors of Impact Corporation, was charged for nonremittance of SSS dues.
Held: As the remaining director, she is liable for
payment, not only of penalties, but also of the amount
unremitted. Although there is a provision, when
accepted literally will mean that liability pertains only
to penalties, the law should be interpreted as a whole.
The 3% penalty, under Sec.22(a) automatically
44
attaches itself to the amount unremitted.
NAPOLCOM v. De Guzman
With the passage of a new law, several Philippine
Constabulary members received from petitioner a
notice of retirement for reaching the age of 56. They
contended that this age of retirement cannot be
applied to them since the PC is part of the Integrated
National Police whose mandatory age of retirement
has been set to 60.
Held: Although the INP traced its roots to the PC, the
60-year old mandatory age of retirement is only
applicable to the local police component of the INP
and not to the PC. When the whole law is examined,
the INP and PC are not the same entity. Several
provisions of the law distinguished PC from INP, hence,
taken into its context, there is no need for the assailed
provision to have a categorical restriction since other
provisions have differentiated the two. The PC before
the enactment of said law were already retirable at 56,
while the local police at 60; and these were governed
by different laws.
-
Capitalization of letters
- Aids of low degree; almost have the same
reasons as that of punctuation marks
Headnotes of epigraphs
- Index to the contents of the provisions in
a section
- Prefix to a section or chapters of a statute
for ready reference
- Not entitled to much weight
Reason: Not part of the statute, they are
mere catchwords of references
Exception: When the text of a statute is clear
Language
- The original language when a statute is
officially promulgated will prevail
- Revised Penal Code is Spanish; Judiciary
Act is English
General rule: The English text shall control45
Punctuation mark
45
44
The case also talked about the principle of ejusdem generic, where
general words cannot be given their generic meaning if followed by
specific words: (1) managing head, (2) directors, (3) partners. The
problem with this is that the specific word came first.
Book I, Chapter 4, Sec. 20 (AC). In the interpretation of a law or
administrative issuance promulgated in all official languages, the
English text shall control, unless otherwise specially provided. In case
of ambiguity, omission or other mistake, the other texts may be
consulted.
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
Extrinsic aids
1.
2.
3.
4.
5.
6.
7.
8.
Intent or spirit of law
Policy of law
similar
Purpose of law
Dictionaries
Consequences of various constructions
Presumptions
Legislative history
Contemporaneous construction
Intent or spirit of the law
- Considered as the law itself, hence, it is
the controlling factor, the leading star and
guiding light in the interpretation of a
statute
Fo hat is ithi the spi it is ithi the
statute although it is not within the letter
the eof...
Fabella v. CA
Several teachers were charged with administrative
cases for joining mass actions demanding payment of
bonuses and allowances. After an administrative
hearing, a committee found them guilty and ordered
their dismissal.
Held: RA 4670 was not repealed by PD807. Hence,
there should be a representative of the teachers in the
committee hearing administrative cases. Mere
membership of teachers in an organization does not
make them authorized representatives. The intent of
this provision is the right of the teachers to be heard
and their protection of their rights when facing
administrative charges. The committee, therefore, has
no jurisdiction.
Policy of the law
- A construction which would promote the
policy of the law should be favoured than
that would defeat it
- In a statute of doubtful meaning, giving a
construction that will promote public
policy
Purpose of the law
- The purpose of the law or the mischief
intended to be removed or suppressed
are important factors to consider in
construction of statutes
-
The purpose is more important than the
rules of grammar and logic
But courts cannot assume some purpose
not expressed
CEMCO Holding v. National Life Insurance
CEMCO bought several shares of two companies. This
resulted to its majority control of UCHC, and in turn, as
one of the principal stockholders, an indirect
acquisition of the majority shares of UCC itself.
Respondent, feeling aggrieved because of loss of
market value, charged CEMCO for non-compliance to
the mandatory tender offer rule.
Held: The purpose of said rule is to give minority
stockholders a chance to exit the company under
reasonable terms and sell their shares as that of the
majority holders. Even if the acquisition is below the
threshold, if it will result to a majority control, the
tender offer rule should apply.
Dictionaries46
- Legal, scientific, general dictionaries
- Used when statutes do not define the
words or phrases used and the purpose or
context in which the words are employed
- But definitions are not binding to courts
General rule: Dictionaries usually define
words in their natural, plain and ordinary
acceptance and significance
Presumption: Lawmakers, ordinarily
untrained philologists and lexicographers, use
words in their common meaning
Exception: When the statute has defined the
words used and/or the legislature has
intended a technical or special legal meaning
to these words.
Consequences of various constructions
- The objective should always arrive at a
reasonable and sensible interpretation in
accord with the legislative intent
General rule: Construction that will lead to
injustice or hardship, result in absurdity,
defeat the legislative intent or spirit, preclude
accomplishment of legislative purpose or
object, render certain words or phrases a
surplusage, nullify the statute or make any of
46
See PRC v. De Guzman summary above
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
Contains reason or purpose of the bill
Arguments advanced by the author in
urging its passage
Exception: The court may not use the
explanatory note as basis for giving a statute
a meaning that is inconsistent with what is
expressed in the text of the statute. It is
resorted only for clarification in case of doubt.
its provisions nugatory should be rejected or
avoided.
Presumption: The legislature did not intend to
cause injustice in enacting statutes.
Exception: When the law is clear and
unambiguous.
o
o
Presumptions
- Based on logic, experience and common
sense.
- In absence of compelling reasons to rule
otherwise, doubt should be in favour of
the presumption on that matter.
Legislative debates, views and
deliberations48
- Actual proceedings of the legislative body
(committee reports of legislative
investigations and public hearings,
sponsorship speech, debates and
deliberations)
- The discussions on the bill may contain
the meaning which was put to the
provision
- The views expressed by the legislators are
not controlling in the interpretation as to
the ill’s pu pose, ea i g o effe t
Reason: Statements made by a legislator
during floor deliberations do not reflect the
views of the entire house. It is impossible to
determine with authority what construction
was put upon by members of the Congress
who passed the bill. Those who did not speak
may not have agreed with those who did; and
those who spoke might differ with each other
(Manila Jockey Club v. Games and
Amusement Board)
Exceptions:
1. There are circumstances indicating a
meaning other than that expressed by a
legislator
2. Views expressed where conflicting
3. Intent deducible from such views is not
clear
4. Statute is free from ambiguity
5. When the legislator is not a member of
the congress that enacted it
Legislative history
- The origin and history of the statute
- Refers to all its antecedents from its
inception until its enactment into law.
- Covers the period and steps done from
the time the bill us introduced until it is
finally passed by the legislature
a. P eside t’s essage to legislatu e
b. Explanatory note
c. Legislative debates, views and
deliberations
d. Reports of commissions
e. Prior laws from which statute is based
f. Amendment of the statute
g. Adopted statutes
h. Conditions at the time of enactment
i. History of the times
Preside t’s essage to legislature47
- The P eside t’s add ess usuall o tai s
proposed legislative measures.
- It indicates his thinking on the proposed
legislation which, when enacted into law,
follows his line of thinking.
Explanatory note
- Short exposition or explanation
accompanying a proposed legislation by
its author or proponent.
Manila Jockey Club v. Games and Amusement Board
47
Art. VII, Sec. 23 (Const). The President shall address the Congress
at the opening of its regular session. He may also appear before it at
any other time.
48
In NAPOLCOM v. De Guzman, the records of the bicameral
conference committee clearly showed the legislative intent to
exclude the PC from the INP
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
A law was passed increasing the number of days the
PCSO can conduct races. However, it did not specify
when these days were. The GAB resolved it by
reducing the number of days private entities can hold
their activites.
Held: The statement of individual members is not
binding for it may only reflect the opinion of that
member alone. It may not reflect the intent of all those
who passed the law.
-
This indicates the intent to change the
meaning of the provision from that it had
originally
- Where there is a showing that a statute
has undergone several amendments and
each amendment used different
phraseology, the deliberate change of
words is an indication of the intent to
change the meaning (Portillo v. Salvani)
Presumption: There must be some purpose in
making changes which should be ascertained
and given effect.
CASCO Philippine Chemical Company v. Gimenez
CASCO filed for refund for the tax they paid for the
separate importation of urea and formaldehyde
following the resolution issued by the Monetary Board.
Held: Although the bill approved in Congress contained
u ea a d fo aldeh de, a d the state e ts ade
by some members clearly expressed the exemption of
separate importation, individual statements do not
reflect the view and intent of Congress as a whole in
passi g said a t. The e olled ill stati g u ea and
fo aldeh de is o lusi e. If the e as a istake i
printing, a curative amendment must be passed.
Amendment by deletion
- Deleting certain words or phrases in a
statute indicates the legislative intent to
change its meaning
Presumption: The legislature would not have
made the deletion had the intention been not
to effect a change in meaning.
Reports of commissions49
- Usually present in the codification of laws
for they compile and collate all laws on a
particular subject and prepare a draft of
the proposed code
Prior laws from which a statute is based
- Part of the antecedent of the statute
involved are prior laws on the same
subject
- Especially applicable in the interpretation
of codes and revised or compiled statutes
- Shows the legislative history that may
clarify the intent of the law or shed light
on its meaning and scope
Amendments of statutes
* Applies when the deleted words or phrases
are not surplusage or when the intention is
clear to change the previous meaning of the
old law.
Exception to the rule that amendment
indicates change: Does not apply where the
intent is clear that the amendment is
precisely to plainly express the construction
of the act prior to its amendment because its
language is not sufficiently expressive of such
construction. 50
Reason: Remember that in codification,
revision and compilation of laws,
condensation and brevity is necessary. Words
that do not materially affect the statute are
omitted.
Tung Chin Hui v Rufus B. Rodriguez
Petitioner was arrested for using a tampered passport
which has been cancelled by Taiwanese authorities. He
filed a petition for habeas corpus to an RTC and was
granted. After the denial of a motion for
reconsideration, respondents filed a notice of appeal
of judgment. Petitioner filed an opposition since the
appeal was filed long after the 48-hour period
prescribed for habeas corpus cases by the pre-1997
Rules of Court.
Change in phraseology by amendment
50
49
In Civil Code and Revised Penal Code; Constitutional Commission
In Enrique v. CA, the MSPB law did not render the CSC law invalid
since the two can be harmonized. The first duty of the court is to
reconcile the conflicting provisions. Only if the repugnancy is
irreconcilable that we can say that there has been an implied repeal.
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
Held: The 1997 Revised Rules of Court has deleted said
provision found in the earlier code. Hence, the
prevailing rule should be obeyed.
Presumption: In adopting foreign statutes, the
legislature is deemed to adopt also the
previous judicial construction and practical
application of said statute in that country.
Exceptions:
1. Where there is material difference
between the foreign and local law
2. Where the foreign construction is
patently erroneous or has not been
settled
3. Where foreign construction is not
reasonable, not in harmony with justice,
public policy and other local statutes
4. Where the local court has given its own
construction to said statute
Laguna Lake Development Authority v. CA
LLDA was charged by law to maintain and protect the
Laguna de bay. After the passage of the Local
Government Code, several mayors who have territorial
jurisdiction in some parts of the lake issued business
permits to construct fish pens in said area. As a result,
LLDA ordered the demolition of the fish pen.
Held: It cannot be said that the latter law (LGC) has
repealed the LLDA charter, it being the most recent
one. The LLDA is more specific as compared to the
local government code, which generally talks about the
municipal waters.
GSIS v. City Assessor of Iloilo
Private respondent bought two parcels of land named
to GSIS in an auction. Said lands were foreclosed for
failure to pay real property tax. GSIS wanted to annul
the judgment of entry of title in her name over the
lands claiming that it was exempted from local taxes.
Held: It cannot be said that the new GSIS charter has
repealed the Local Government Code provision
regarding collection of taxes. Although the titles of
land are named under GSIS, it has already conveyed
and alienated the lands to private persons. Hence, the
lands are now subject to taxes. In this way, the two
laws are reconciled. And even if it does repeal the LGC,
it cannot be applied retroactively especially if a vested
right will be prejudiced.
Conditions at the time of enactment
- Physical conditions of the country and the
then circumstances that may affect the
legislative intent
- The Court should place itself in the
situation of the legislature during that
time
Presumption: Statutes do not operate in a
vacuum. In enacting a statute, the legislature
is presumed to have taken into account the
existing conditions of things at the time of
enactment
History of the time
- Almost similar to taking into
consideration the condition at the time of
enactment
- The law, being a manifestation of social
culture and progress, must be interpreted
taking into consideration the stage of
such culture and progress including all
concomitant circumstances
Presumption: Law is not a watertight
compartment sealed or shut off from the
contact with the drama of life which unfolds
before our eyes. It is not a cloistered realm
but a busy state in which events are held up
to our vision and touch our elbows.51
Ty v. Trampe
Ty, a registered owner of the land, received a notice of
assessment respecting certain real properties.
Held: There is no express repeal especially because the
statute has provided a clause enumerating the laws it
shall repeal. Before determining if there is an implied
repeal, the Court should try to harmonize said laws.
The assesso ’s a tio as set aside si e he should
have coordinated with other city assessors before
determining the tax increase.
Adopted statutes
- Foreign statutes adopted in this country
form part of its legislative history.
General rule: The interpretation and decision
of foreign courts are given great weight if the
local statute was patterned after or copied
from those of another country.
51
Wortham v. Walker Tex
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
Contemporaneous construction52
- Also called practical constructions
- Constructions placed upon the statutes at
the time of, or after, their enactment by
the executive, legislative or judicial
authorities
Maxim: contemporanea exposition est optima
et fortissimo in lege (the contemporary
construction is strongest in law)
*What is commonly understood as
contemporaneous construction is that one placed
upon the statute by an executive or
administrative officer.
*With the duty to enforce the laws come the
interpretation of its ambiguous provisions.
Weight given to contemporaneous construction
- It is entitled to great weight and respect
by the courts in the interpretation of
ambiguous provisions of law.
- Especially if the construction is followed
for a considerable period of time (Molina
v. Rafferty), weight given increases as the
period in which it is followed and
observed lengthens and its acceptability
widens.
- So long as it continues and Congress has
not seen fit to repeal or change the law
Presumption: Executive officials are presumed to
have familiarized themselves with all
considerations pertinent to the meaning and
purpose of the law, and to have formed an
independent, conscientious and competent
expert opinion (Asturias Sugar Central, Inc. v.
Commissioner of Customs)
Reasons:
1. Respect due the government agency or
officials charged with the implementation
of the law
52
In CEMCO Holdings, Inc. v. National Life Insurance, the
contemporaneous construction of the SEC to the mandatory tender
offer rule was sustained since it was tasked to implementation of the
Securities Act.
2. Competence, expertness, experience, and
informed judgment, and the fact that
they draft the law they interpret
3. Need for certainty and predictability in
the law
Exceptions:
1. No ambiguity in the law (Regalado v Yulo)
2. Construction, clearly erroneous is null and
void (Molina v. Rafferty)
3. The court has previously given the statute
a different interpretation (Asturias Sugar
Central, Inc. v. Commissioner of Customs)
Enrique v. CA
Petitioners were charged for helping examinees in the
civil service exam in consideration of a payment. The
CSC rendered a decision dismissing them.
Held: Although there is a law creating a Merit System
Protection Board under the CSC vesting it with
jurisdiction to hear and decide administrative cases,
CSC also has a concurrent original jurisdiction. The
MSPB law did not amend the CSC law. Great weight is
given to the CSC Memorandum Circular stressing the
concurrent jurisdiction of the two bodies.
*But erroneous construction does not prevent
correction:
- The doctrine of estoppels does not
preclude correction of the erroneous
construction by the officer himself, his
successor, or the Court.53
- A person who has relied upon such
construction may not prevent the
application of the new interpretation.54
- This who have benefited may not prevent
correction; or excuse themselves from
complying with the corrected one; or set
up as a legal obstacle against recovery
from them of what they received on the
basis of an erroneous construction55
53
PLDT v. Collector of Internal Revenue
54
Koppel (Phils.) v. Yatco
55
Legaspi v. Mathay
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
-
General rule: Erroneous construction creates no
vested rights on the part of those who relied upon
them, and followed such construction.
Reason: A vested right may not arise from a
wrong interpretation of a law by an
administrative or executive officer whose primary
duty is to enforce, and not to construe the law.56
Exception: This is not absolute and admits
exceptions in the interest of justice and fair play.57
-
*Legislative interpretation
1. Prescribes rules of construction or
indicating how its provisions should be
construed in an interpretative or
declaratory clause of a statute
2. The legislature may also define the terms
used in the statute
3. It may also pass a resolution indicating its
sense or intention in a statute
4. May also take the form of legislative
approval:
a. Re-enactment of a statute
previously given a
contemporaneous construction is
a persuasive indication of
legislative approval58
b. Using words similar in import to
the language of an earlier law
which has received a practical
interpretation
c. Amending a prior statute
without providing anything
which would restrict, change or
nullify the previous
contemporaneous construction
placed upon it
d. Appropriating money for the
officer designated to perform a
task pursuant to an interpretation
of a statute
e. With notice of a previous
construction, the legislature did
not do repudiate it, there is
implied acquiescence to, or
ABS-CBN v. CTA
A memorandum circular interpreting the National
Internal Revenue Code was release. Following this,
ABS-CBN dutifully paid the taxes according to the
formula set. A new law was passed amending the
assailed provision. A new order was released by the
commissioner of internal revenue revoking the earlier
circular for being erroneous for lack of legal basis.
Because of this, they demanded petitioner to pay the
deficiencies based on the new formula.
Held: Although the government is not estopped to
collect taxes because of mistakes of its collectors, it
admits of certain exceptions in the interest of justice
and fair play. The order cannot be retroactively applied
if it will prejudice the taxpayer, especially if the latter
has followed it in good faith.
Kinds of executive interpretations
1. Interpretation by usage or practiceconstruction made by an executive officer
directly called to implement the law
(circular, directive, regulation, opinions
and rulings)
2. Advisory opinions- one made by the
Secretary of Justice in his capacity as chief
legal adviser of the government upon
request of administrative officials who
enforce the law.
3. Ruling of quasi-judicial agenciesinterpretation handed down in an
adversary proceeding
*The common usage and practice under a statute
is of great value to its construction.
Maxim: optimus interpres rerum usum (the best
interpreter of a law is usage)
56
Hilado v. Collector of Internal Revenue
57
ABS-CBN v. CTA
Rules and regulations issued by executive
or administrative officer pursuant to law
have the force and effect of laws.
The administrative agency has the power
to interpret its own rules; this will
become part of the rules
58
To be applicable, earlier law must be re-enacted and not merely
amended and the contemporaneous construction must be in the
form of regulation to implement the law and duly published and not
merely administrative ruling embodied in a letter to a specified
individual and not published (Alexander Howden & Co., Ltd. v.
Collector of Internal Revenue).
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
approval of, an executive or
judicial construction of a statute
Exception: The legislature, in indicating its
construction of a law, cannot limit or restrict
the power of the Court.
- It may not make a definition
conclusive to a statute which
defined the term or to other
statutes (City of Manila v. Manila
Remnants Co, Inc)
- It cannot validate a law which
violates the constitution to
prevent an attack of it in the
courts (Endencia v. David)
When used: While legislative interpretation is
not controlling, the Court may resort it to
clarify ambiguity in the language. Such
interpretation is entitled to respect, especially
if the executive department has similarly
construed the state.59 60
Stare decisis
- The decisions of the Supreme Court
applying or interpreting a statute is
controlling with respect to the
interpretation of that statute and is of
greater weight than that of an executive
or administrative officer
- Desirability of having stability in the law
Reason: Interpretation given by the Supreme
Court forms part of that statute itself and of
the legal system and comes from that branch
entrusted with the duty to construe or
interpret the law.61
Maxim: stare decisis et non quite movere (one
should follow past precedents and should not
deserve what has been settled)
Exception: It does not mean blind adherence
to precedents. The doctrine, no matter how
59
For an orderly and harmonious interpretation and advancement of
the law, the court should, when possible keep step with other
departments (Yra v. Albana).
60
In case of an agreement between two departments- the executive
and legislative- to the meaning of the law, and it devolves upon the
judiciary to give it a deferential treatment (Bengzon v. Secretary of
Justice).
61
sound, must be abandoned if found to be
contrary to law. For it is more important for
the court to be right.
When applicable:
1. Direct ruling- ruling must be
categorically stated on an issue
expressly raised by the parties
2. Facts are substantially the same
Lazatin v. Desierto
Congressman Lazatin was charged by the Fact
Finding Bureau of the Office of the Ombudsman
with malversation of public funds. The Office of
the Special Prosecutor (OSP) submitted its
resolution to dismiss the charge for lack of
evidence. The Ombudsman ordered the Office of
Legal Affairs to review the OSP resolution. The
latter recommended proceeding with the case.
Lazatin claimed that, under the Constitution, it is
not within the power of the Ombudsman to
prosecute. The power is expressly given to the
OSP.
Held: Although not expressly enumerated, the
Ombudsman is given other powers necessary to
further its duties. As early as Acop v. Office of the
Ombudsman, the Court already ruled that RA 6770
is not unconstitutional, although it subsumed the
OSP under the Ombudsman. Several cases
followed the precedent; hence, unless there is no
clear and compelling reason to abandon the
doctrine, it should be followed.
Ting v. Velez-Ting
Respondent filed for a declaration of nullity of
marriage under Art. 36 of the Family Code. She
claimed that her husband does not only give
support to the family but also is a compulsive
gambler, drunkard, and violent. The trial court and
CA declared their marriage null and void after
taking cognizance of the psychiatric finding
presented by respondent.
Held: The Court did not overrule the Santos and
Molina doctrines. It merely liberalized it since
instead of serving as guidelines, these became a
straightjacket fitting all cases into it. The
psychiatric reports shall not be conclusive to the
courts and are not condition sine qua non for the
nullity of marriage. The totality of evidence should
be the basis.
Art. 8 (CC)
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
When not used:
1. Ruling is an obiter dictum62
2. Facts are dissimilar
3. There is a conflict between the
precedent and the law63
*Only Supreme Court can change or
abandon a precedent enunciated by it.
*Until it abandons or overrules a
doctrine, the lower courts are duty bound
to obey it. If lower courts feel that the
doctrine is against their way of reasoning,
they may state their personal opinion but
must decide the case in accordance with
the doctrine and not with their personal
view.64
Tan Chong v. Secretary of Labor
Two cases are involved having almost similar facts.
Both petitioners had a Chinese father and a
Filipino mother and were born in the Philippines:
the first one in San Pablo, Laguna, the other in
Jolo, Sulu. At first, they were declared Filipino
citizens by the Court but the Solicitor General filed
a motion for reconsideration.
Held: The Court has cited a long list of cases
pertaining to citizenship, in which its decisions
vacillated. Stare decisis cannot apply when the
precedent and the existing law are in conflict.
Since the jus soli common law principle of the US
did not extend to out jurisdiction and, only
Spanish subjects residing from April 11, 1899 are
considered citizens under the then prevailing
Philippine Bill of 1902, the Court ruled that
petitioners were not Filipino citizens on the
ground that their father was of Chinese parentage.
62
Opinion express by a court upon some question of law which is not
necessary to the decision of the case before it. It is a remark made,
o opi io e p essed, a judge i his de isio upo a ause
the
a , that is, i ide tall , a d ot di e tl upo the uestion before
him, or upon a point not necessarily involved in the determination of
the cause, or introduced by way of illustration, or analogy or
argument (Delta Motors Corp. v. Secretary of Labor).
63
In Tung Chin Hui v Rufus B. Rodriguez, the Court held that the
doctrine of stare decisis cannot be invoked since there is a new law
that took effect, hence, the rulings of the previous cases shall no
longer apply.
64
Canon 18, Canons of Judicial Ethics
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
4. Courts must administer the law, not as
they think it ought to be but as they find
it and without regard to consequences. 66
5. The law should be applied regardless
whether it is unwise, hard or harsh.
6. If the law is clear and free from doubt, it
is the sworn duty of the court to apply it
without fear or favour, to follow its
mandate, and not to tamper with it.67
7. What it decrees must be followed; what it
commands must be obeyed.68
8. Where the law is clear, appeals to justice
and equity as to justification to construe
it differently are unavailing. 69
ADHERENCE TO, OR DEPARTURE FROM,
LANGUAGE OF STATUTE
Adherence to the language
Literal meaning, Plain-meaning rule, Verba legis
General rule: The intent of the legislature is found
in the language of the statute.
Maxims:
- index animi sermo est (speech is the index
of intention)
- verba legis non est recedendum (from the
words of the statute there should be no
departure)
- dura lex sed lex (the law may be harsh,
but it is still the law)
- hoc quidem perquam durum est, sed ital
ex scripta est (it is exceedingly hard but so
the law is written)
Reasons:
- A statute, being the will of the legislature,
should be applied in exactly the way the
legislature has expressed itself clearly in
the law.
- The duty of the court is limited to
inquiring into the legislative intent and,
once this is determined, to making said
intent effective.
Phrases:
1. What is not clearly provided in the law
cannot be extended to those matters
outside its scope.65
2. Where the statute is clear, plain, and free
from ambiguity, it must be given its literal
meaning, applied without attempted
interpretation and must be taken to mean
exactly as what it says.
3. Where the law is clear and free from
doubt and ambiguity, there is no room for
construction or interpretation.
Globe Mackay v. NLRC
Private respondent Salazar was found to be close to
Saldivar and, in fact, living with him in an apartment.
The latter was investigated for defrauding petitioner
and use of an air-con without authorization. Because
of this, she was suspended and, later on, dismissed.
Held: The suspension is legal. However, there was no
sufficient evidence for her dismissal. Hence, following
the provision of the law, she was unjustly removed and
is entitled to reinstatement and payment of back
ages. The p i iple of st ai ed elatio s a ot e
accepted since her job as systems analyst is not one
characterized as a position of trust. Loss of confidence
cannot also be accepted since it must rest upon a valid
basis. The repo t ade the o pa ’s i te al
auditor is one-sided because Saldivar has already
resigned, depriving him opportunity to defend himself.
Cecileville Realty & Service Corp. v. CA
Petitioner owned a parcel of land while private
respondent Pascual occupied a portion of it. Despite
several demands, Pascual did not vacate the land.
Held: The defense that Pascual was just helping his
mother, a tenant, in cultivating the lands cannot be
accepted. The law is clear, only the tenant, and not his
66
For whether a statute is wise or expedient is not for the courts to
determine (Director of Lands v. Abaya).
67
Go v. Anti-Chinese League of the Philippines
68
PNB v. Bitulok Sawmill, Inc.
69
65
Baranda v. Gustillo
For equity is available only in the absence of law and not its
replacement. Equity is described as justice outside legality, which
simply means that it cannot supplant although it may supplement
the law. Aequitas nunquam contravenit legis. Equity never acts in
contravention of justice (Aguila v. CFI Batangas).
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
relatives, can demand for a home lot suitable for
dwelling.
RCBC v. IAC
BF Homes filed a petition for rehabilitation and
suspension of payments with the SEC. RCBC, as a
creditor, requested the sheriff to extra-judicially
foreclose its real estate mortgage. Despite the ongoing
case in the SEC, RCBC filed an action for mandamus to
compel the sheriff to execute a certificate of sale in its
name. Later on, SEC appointed a management
committee to assist BF Homes with the
rehabilitation/liquidation.
Held: Even if it would seem logical that suspension
should succeed the application for rehabilitation, the
law is clear. Only when a management committee is
appointed will other actions and claims shall be
suspended.
Segovia v. Sandiganbayan
Segovia, and other petitioners who were suspended,
were designated to the Contracts Committee for a
project of NAPOCOR in Mindanao. They had
disqualified the two lowest bidders. Because of this,
Urban, the second lowest bidder complained and
charged them for violations of the Anti-Graft and
Corrupt Practices Act. As a result, they were suspended
during the pendency of investigation.
Held: The law clearly provided that all officials, during
the pendency of a criminal prosecution, shall be meted
with a preventive suspension. It is mandatory and not
discretionary on the part of Sandiganbayan; this is to
prevent them from influencing the process either by
intimidating the witnesses or tampering with
evidences.
People v. Mapa
Mapa claimed that he was a secret agent of Governor
Leviste when he was charged for illegal possession of
unlicensed firearms.
Held: Although it was earlier held that secret agents
may be exempted from possession of firearms since
they do the work of peace officers, the Revised
Administrative Code clearly enumerated those who
may be exempted, and secret agents were not
included.
Gan v. Reyes
Reyes filed an action for support, claiming that she and
Gan had a lovechild. The trial court ruled in favour of
Reyes and ordered the immediate execution of the
support. Gan challenged the ruling and still withheld
support.
Held: Child support is immediately executory and
cannot be stayed by an appeal unless provided by the
trial court. This has been clearly stated in the Rules of
Civil Procedure.
Largado v. Masaganda
Private respondent Delos Reyes filed a petition to the
Justice of the Peace asking for the guardianship of
petitio e ’s hild e . It as de ided i his fa ou ut
upon appeal to the CFI, it was dismissed since the
Judiciary Act of 1948 said the justices of the peace may
not extend to the appointment of guardianship.
Held: The decision of CFI is affirmed. The law was clear.
Although it as o te ded that the te
gua dia
was only due to an oversight, as opined by the Justice
Secretary, the mistake cannot be corrected by
executive fiat but by legislation, which Congress has
done in enacting RA3090 correcting said statute. But
this cannot be given retroactive effect.
Departure from literal interpretation
Ratio legis
- Interpretation according to the spirit of
reason of the law
General rule: The spirit or intention of a statute
prevails over the letter of it.
Maxims:
- ratio legis et anima legis (the reason of
the law is its soul);
- ratione cessat lex et cessat lex (when the
reason of the law ceases, the law ceases)
- verba intentioni, non e contra, debent
inservire (words ought to be more
subservient to the intent and not the
intent to the words)
People v. Almuete
Defendants were accused of pre-threshing a portion of
the harvest without notice to and consent of the
landowner. They were charged for violating the
Agricultural Tenancy Act.
Held: The case was dismissed since the law from which
the crime was founded has been effectively repealed
by the Agricultural Land Reform Code. A similar case
was also dismissed by the SC since the law was already
in force at the time of the commission of the crime.
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
When used:
- A statute must be capable of construction
or interpretation. The court must use
every authorized means to ascertain the
intent of the statute and give it an
intelligible meaning. The court may even
depart from the language of a statute if to
do so will enable to effectuate legislative
intent and purpose.
- If a language is capable of more than one
meaning is to be taken in such sense as to
harmonize with the intention and object
and effectuate the purpose of the
enactment.
of the law in order to give due course and carry
out the evident intent.73
-
-
When not used: Where a statute totally fails to
express a meaning, a becoming sense of judicial
modesty forbids the court from assuming and,
consequently, from supplying a meaning to it.
Hence, the statute is necessarily inoperative.
-
Limitation: Applies only when there is ambiguity
in the language employed in the law. Where the
law is clear and free from ambiguity, the letter of
the law is not disregarded on the pretext of
pursuing its spirit.70
Phrases:
1. The thing which is within the intention of
the statute is as much within the statute
as if it is were within the letter, and a
thing which is within the letter of the
statute is not within the statute unless it
be within the intention of the lawmaker.71
2. Intent is the spirit which gives life to a
legislative enactment.72
-
How done:
In correcting a clerical error or obvious
mistake, the court is not indulging in a judicial
legislation, it is merely endeavouring to rectify
and correct a clearly clerical error in the wording
70
De Jesus v. City of Manila
71
US v. Go Chico
72
Torres v. Limjap
-
Supplying legislative omission
Where literal import of the language
of a statute shows that words have been
omitted that should have been in the
statute to carry out its intent and spirit,
clearly ascertainable from the context,
the court may supply the omission to
make the statute conform to the obvious
intent of the legislature or to prevent the
act from being absurd.74
Correcting clerical errors
The court, in order to carry out the
obvious intent of the legislature, may
correct clerical errors, mistakes or
misprints which, if uncorrected, may
render the statute meaningless, empty or
nonsensical or would defeat or impair the
intended operation.75
Surplusage and superfluity disregarded
Where a word, phrase or clause in a
statute is devoid of meaning in relation to
the context or intent of the statute, or
where it suggests a meaning that nullifies
the statute or renders it without sense,
these may be rejected as surplusage and
entirely ignored.76
Redundant words may be rejected
Although it is a general rule to give
every part of the statute a meaning, it is
not the obligation of the court to give a
redundant word or phrase a special
significance. A use of word or phrase,
treated as a mere reiteration or repetition
of other language in the statute, may be
rejected.
Obscure or missing word or false
description may be disregarded
73
Lamp v. Phipps
74
Barret v. Union Bridge, Co.
75
Griffin v. Greene
76
Demafiles v. COMELEC
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
-
Lingual imperfection in the drafting of
the statute should never be permitted to
hamstring judicial search for legislative
intent. The court may disregard loose or
obscure words in order to arrive at the
real meaning.77
Number and gender of words
A word in plural may include the singular,
and vice versa.78 The masculine, but not
the feminine, includes all genders, unless
otherwise provided or implied in the
context.
Rufino Lopez and Sons, Inc. v. CTA
Petitioner imported a hexagonal wire netting from
Germany and the Collector of Customs assessed it.
Failing to secure a reassessment, petitioner appealed
to the CTA. The case was dismissed for lack of
jurisdiction.
Held: There was a clerical error in the statute.
Following the literal interpretation, the statute has
lodged with the CTA the appellate jurisdiction to
decisions of the Commissioner of Customs, but no
person affected by the decision of him may appeal to
the CTA, only those made by the Collector of Customs.
Collector in Section 11 should be read as
Commissioner; this is not judicial legislation but only
carrying out the intent of the legislature.
Construction according to the spirit:
A statute may therefore be extended to cases
not within the literal meaning of its terms, so long
as they come within its spirit or intent.79
1. Construction to accomplish purpose
Statutes should be construed in the light of
the object to be achieved and the evil or
mischief to be suppressed.80 Construction
which gives effect to the evident purpose
sough to be attained by the enactment of the
statute must be followed.81 Hence, as
77
Salaysay v. Castro
78
Santillon v. Miranda
79
Rufino Lopez and Sons, Inc. v. CTA
80
81
between two statutory interpretations, that
which better serves the purpose of the law
should prevail.82
Reason: Laws are not just mere composition,
but have ends to be achieved and that the
general purpose is a more important aid to
the meaning of a law than any rule which
grammar may lay down.
When not used: cessante ratione legis, cessar
et ipsa lex (when the reason of the law
ceases, the law itself ceases)
2. Construction to avoid absurdity
Statutes may be extended to cover cases not
within the literal meaning of the terms, if
their exact and literal import would lead to
absurd or mischievous result83 and
nonsensical results. 84
Presumption: Congress could not have
intended absurd interpretation of the law.
Maxim: interpretatio talis in ambiguis simper
fienda est ut evitetur inconveniens et
absurdum (where there is ambiguity, such
interpretation as will avoid inconvenience and
absurdity is adopted)
Paras v. COMELEC
Petitioner was then the incumbent barangay captain. A
year after his election, almost more than 25% of his
constituent filed a petition for recall. Petitioner
contended that the move for a recall is barred since by
next year, an SK election will be held, which he
interprets as a regular local election (the LGC prohibits
any more for recall a year after and before a local
election).
Held: To accept the literal interpretation of petitioner
leads to absurdity. This will expressly prohibit any
recall move and defeat the intent of Congress. The
local election should be referred to as the one from
which his position will be opened- in this case,
barangay captain.
Chartered Bank of India v. Imperial
The Philippine National Bank filed a petition in the CFI
Manila to compel Umberto de Poli et al. to deliver to
82
Salenillas v. CA
83
Rufino Lopez and Sons, Inc. v. CTA
84
People v. Duque
LVN Pictures, Inc. v. Philippine Musicians Guild
Sanciangco v. Rono
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
them the goods and merchandise described in the
mortgage. As a result, the sheriff has seized the goods
described. Within 24 hours after the sheriff has taken
possession of said goods, petitioners filed a petition to
declare Umberto de Poli insolvent and was granted.
The court ordered the sheriff to take possession of the
goods and merchandise which had already been
attached by him in the action instituted by the PNB
against de Poli.
Held: Although creditors should be treated equally in
the distribution of goods of an insolvent, PNB is a
preferred creditor for having a secured holding such as
mortgage, lien or pledge. To construe a provision
without reference to its first part, would result to an
absurd and unreasonable situation where his rights are
preserved but he cannot participate in the election of
an assignee in an insolvency proceeding, or surrender a
property delivered to him as security of said lien for
the benefit of all creditors of the insolvent.
3. Construction to avoid injustice
The interpretation to be adopted is that
which is free from evil or injustice.
Presumption: The legislature, in enacting a
law, did not intend to work a hardship or an
oppressive result.
Maxim: interpretation quae vitio caret (that
interpretation is to be adopted which is free
from evil or injustice)
Casela v. CA
Petitio e ’s house as to e de olished afte
Magsaysay secured a writ of execution from the CAR.
But he did not vacate the land and even instituted a
petition for payment to his house and other
improvements in the CFI. After two more writ of
executions, CAR ruled that its earlier decision cannot
anymore be executed since the 5-year reglementary
period has already lapsed.
Held: An interpretation that will lead to injustice
should be avoided. Although 5 years have passed since
the decision has become final, the time when the writ
cannot be served should be deducted. This is because
Magsaysay has not been sleeping on his rights and
exhausted all legal means to eject Casela, in fact, he
secured 3 writs of execution. Casela only wanted to
delay and prolong the execution.
Cosico v. NLRC
The Assistant Station Manager position of Eva Air
operations in Manila, which Cosico was holding, was
abolished because of its cost-cutting measure. The
operation target of 60 passengers per flight was not
reached, it was found out that only 25 average
passengers were there for a flight. Because of this, he
sued Eva Air for illegal dismissal in the labor arbiter
and ruled in his favour. Eva Air elevated the case in the
NLRC and posted a surety bond, but only amounting to
th
the sum of back wages and 13 month pay.
Held: The Court held that to require Eva Air to post a
bond inclusive of exemplary and moral damages and
atto e ’s fee is unjust, excessive and has the effect of
depriving their right to appeal.
Salvacion v. Central Bank
Petitioner was raped several times by private
respondent Bartelli, a tourist. On the day of his hearing
for petition for bail, Bartelli escaped from jail. Hence, a
notice of garnishment was delivered to Chinabank.
However, Chinabank contended that the account
cannot be garnished since RA 1405 prohibits the
garnishment of a foreign account.
Held: Although the law is clear, it cannot be invoked
since it will lead to injustice. The intention of the law is
for economic reasons, to prevent withdrawal of dollar
reserves since foreign investments were minimal.
Ho e e , i Ba telli’s ase, he as just a t a sie t a d
will maintain the account for a short period of time. To
uphold the law is to deny justice to a victim of a
foreigner who will just stay temporarily by not availing
of damages.
4. Construction in favour of right and
justice
Any doubt in the construction of a statute
should be resolved in favour of right and
justice.
Maxim: jure nature aequum est neminem cum
alterius detriment et injuria fiery
locupletiorum (when the statutes are silent or
obscure, the solution is that would response
to the vehement urge of conscience)
Alonzo v. IAC
Private respondents were siblings who inherited a
piece of land. Two of them sold their part to spouses
Alonzo. Later, the son of the spouses built a house
after getting married. One of the siblings brought the
action to recover said portion for not being informed
of the sale (since the land is under a co-ownership).
Held: Although the law requires a written notice of sale
from the vendor, equity and justice should also be
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
considered. For several years, petitioners have been
living in said area. It is improbable that private
respondents would not notice that there are people
not one of them living in their inherited land. The son
of the petitioners has built his house receiving no
complaint from the siblings. Hence, the prescription of
the right of redemption has started sometime during
the 1960s (time when lots were sold).
5. Construction to avoid danger to public
interest
Where great inconvenience will result, or
great public interest will be endangered or
sacrificed, or great mischief done, from a
particular construction of a statute, such
construction is to be avoided.
6. Exemption from rigid application of law
Equity as well as exceptional situations in a
case may require a departure from
established rules. Where the rigorous
application of the law would result in
preventing a fair and impartial injury into the
actual facts of a case, the exigencies of justice
demand that the general rule should yield to
occasional exceptions wherever there are
weighty reason for it.
Maxim: summum jus, summa injuria (the rigor
of the law would become the highest
injustice)
provisions as may be necessary to effectuate
its object and purpose.86
Maxims: ex necessitate legis (from the
necessity of law)
in ei quod plus sit, semper inest et
minus (the greater includes the lesser)
Chua v. CSC
Petitioner Chua, a coterminous to a project in the
National Irrigation Administration (NIA) for a span of
15 years, wanted to avail the RA6683 providing for
early benefits and separation from government
services. Respondent CSC did not grant her petition
stating that she is not a career and non-career
employee, her position is not included in its regular
plantilla.
Held: To extend the benefits to the non-career
employees such as casual and emergency employees
and exclude coterminous ones will violate the equal
protection clause of the constitution since they are
similarly situated. Hence, in order to give life to it, the
doctrine of necessary implications should be applied,
and coterminous employees, who have rendered years
of service to the government should be deemed
included.
Limitations:
1. Since it excludes what is merely plausible,
beneficial or desirable, this may not be
used to justify the inclusion in a statute of
what to the court to be wise and just,
unless it is at the same time necessarily
and logically within its terms.
2. May not be used to support an
interpretation destructive of the object or
purpose of the law.
3. May not be contrary to the Constitution
or to existing laws.
7. Law does not require the impossible
A statute may not be construed as to require
compliance with what it prescribes cannot, at
the time, be legally accomplished
Maxim: nemo tenetur ad impossible (the law
obliges no one to perform an impossibility)
Impossibilium nulla obligation est
(there is no obligation to do an impossible
thing)
Necessary implications:
1. Remedy implied from a right
The existence of a right in favour of a
person implies a corresponding obligation
on the part of another who violates such
right, and entitles the former to a remedy
to assure its observance and vindication.87
8. Implications
Doctrine of necessary implications- what is
implied in the statute is as much a part of it as
that which is expressed.85 Every statute is
understood, by implication, to contain all such
85
86
Go Chico v. Martinez
87
Batungbakal v. National Development Co.
In re Dick
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
Maxim: ubi jus, ibi remedium (where
there is right, there is a remedy for its
violaton)
2. Grant of jurisdiction
Jurisdiction to hear and decide cases
is granted by the Constitution or a
statute. But it cannot be implied from the
language of the statute, in the absence of
a clear legislative intent. But the grant of
it carries all necessary and incidental
power to employ all writs, processes and
other means essential to make the
jurisdiction effective.88 Hence, where a
court has jurisdiction over the main cause
of action, it can grant reliefs incidental to
it, even if these are outside of its
jurisdiction.
3. Grant of power
Where a general power is conferred
or duty enjoined, every particular power
necessary for the exercise of one or the
performance of the other is also
conferred. These incidental powers are
those which are necessarily included in,
and are therefore of lesser degree than
the power granted.
- The power to establish an office
includes the power to abolish it89
- The power to approve a license
includes the power to revoke it90
- The power to deport includes the
power to order the arrest of
undesirable aliens91
- The power to regulate telephone
service includes the power to
establish and operate by
themselves a telephone service92
- The power conferred to an
administrative officer to issue
88
Suanes v. Chief Accountant of the Senate
89
Castillo v. Pajo
90
91
92
rules and regulations includes the
authority to delegate to
subordinate officer the
performance of a particular
function93
4. What cannot be done directly cannot
be done indirectly94
Maxim: quando aliquid prohibetur ex
directo, prohibetur et per oliquum
5. There should be no penalty for
compliance with law
If an act is faithfully done in
compliance with the law, simple logic,
fairness and reason countenance cannot
allow an imposition of penalty
Limitations to implications:
1. Grant of power excludes greater
power
2. What is implied should not be against
the law
3. Authority to charge against public
funds may not be implied
4. Doctrine of pari delicto
Maxims:
ex dolo malo non oritur action (no
man can be allowed to found a claim
upon his own wrongdoing or inequity)
nullus commodum capere potest de
injuria sua propria (no man should be
allowed to take advantage of his own
wrong)
in pari delicto potior est condition
defendentis
Exceptions:
1. If the violation is done against an
avowed fundamental policy or public
interest95
2. When the transaction is not illegal but
merely prohibited and the prohibition
is designed for the protection of one
party96
93
Esperanza v. Castillo
94
Ligot v. Mathay
95
Enrique Yuchengco, Inc. v. Velayo
96
Barsobia v. Cuenco
Grodon v. Veridiano
Qua Chee Gan v. Deportation Board
PLDT v. City of Davao
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
INTERPRETATION OF WORDS AND PHRASES
How to define words and phrases
Words or phrases may have an ordinary,
generic, restricted, technical, legal, commercial or
trade meaning, which may be defined by the
statute itself or have received a judicial
construction. Which meaning should be given a
word or phrase rests upon what the legislature
intended.
1. Ordinary meaning
2. Statutory definition
3. General words
a. Where the law does not distinguish
4. Commercial or trade meaning
5. Technical or legal meaning
6. Identical terms
7. Purpose of statute
8. Relation to other provisions
ratio legis
9. Dictated by context
a. Disjunctive and conjunctive words
Ordinary meaning
- The general rule is that words should be given
their plain, ordinary, and common usage
meaning97
- Natural, ordinary, commonly accepted and
most obvious signification
Presumption: Lawmakers employed words in
their ordinary and common use and acceptation.
Since the Court should not presume that the
lawmaking body does not know the meaning of
the words and the rules of grammar.
Statutory definition
- Statutes sometimes define particular words
and phrases
- In this case, the legislative definition controls
the meaning of the word, irrespective of the
ordinary or common meaning98
- But it is ot a usu patio of the ou t’s
function to interpret the laws, since it merely
97
Mustang Lumber, Inc. v. CA
98
People v. Buenviaje
legislates what should form part of the law
itself99
Limitations:
1. Controlling in the act concerned and not
in other statutes even if the same word or
term is used
2. If the application creates obvious
incongruities in the language of the
statute, destroys the purpose, or
becomes illogical
General words
- Words of general significance in a statute is to
be taken in its ordinary and comprehensive
sense
- A general word should not be given a
restricted meaning where no restriction is
indicated
- If a word in a statute has both restricted and
general meaning, the general must prevail
over the restricted unless the nature of the
subject matter or the context in which it is
employed clearly indicates that the limited
sense is intended
Exception: If the word is given a different or
restricted meaning
Maxims: generalia verba sunt generaliter
intelligenda (what is generally spoken shall be
generally understood)
generale dictum generaliter est
interpretandum (a general statement is
understood in a general sense)
People v. Santiago
Santiago was accused of libel for besmirching the
name of then Mayor Arsenio Lacson with malicious
intent. He contended that it was only oral defamation,
in which, action has already prescribed.
Held: Amplifier, used by defendant, is not similar to
radio. The latter involves transmission of
electromagnetic waves without wires, while the
former uses a conducting wire intervening between
the transmitter and the receiver. Radio cannot be then
interpreted to include amplifier. And using the
associated words, it should be construed as to be
characterized with permanence.
99
De Ponce v. Sagario
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
*Progressive interpretation
- Generic term should include not only
peculiar conditions obtaining at the time
of its enactment but those that may
normally arise after100
- Apply to all cases that come within the
terms and its general purpose and policy,
existing subsequent to its passage
- Keeps legislation from becoming
ephemeral and transitory
Where the law does not distinguish
- Corollary of the principle that general
words and phrases in a statute should be
accorded their natural and general
significance101
- General term or phrase should not be
reduced into parts and one part
distinguished from the other so as to
justify exemptions from the operation of
law102
- Corollary to this is where the law does not
make any exceptions, the court may not
except something from it
Maxim: ubi lex non distinguit nec nos
distinguire debemos (where the law does not
distinguish, courts should not distinguish)
Presumption: The legislature made no
classification in the use of a general word or
expression
Exception: Where there are facts or
circumstances showing that the legislature
intended a distinction or qualification
Ramirez v. CA
Private respondent allegedly insulted and humiliated
petitioner in a manner offensive to her dignity and
personality. Because of this, she instituted a civil case
for damages where she presented a verbatim
transcript of the event because she recorded said
conversation. With this, private respondent filed a
criminal case against Ramirez for violating the antiwiretapping act or RA 4200. Petitioner contended that
she is exempted since she was a party to the
conversation.
Held: The la lea l p o ided that a pe so
ot
authorized by all parties to any private communication
is liable. It did not make any distinction whether or not
a person to be penalized should or should not be a
party to the conversation. Hence, even a person, party
to a o e satio , e o ds it ithout the othe s’
knowledge is considered a violator.
Commercial or trade meaning
- Words and phrases, which are common use
among merchants and traders, acquire trade
or commercial meanings which are generally
accepted in the community in which they
have common use
- Hence, the understanding of the trader
determines the construction to be given
- Usually applicable to tariff laws and laws of
commerce
Exception: Legislative intent to the contrary
Examples:
1. Dispose of is to sell103
2. G oss alue i
o e is gross selling
price104
Technical or legal meaning
- Words used in technical sense, or have been
judicially construed to have a certain
meaning, or has a well-known legal
meaning105
Exception: Legislative intent or qualification to the
contrary
Examples:
1. P ope a tio is a ordinary suit which
prosecutes another for the enforcement
of a right106
2. A uitted is the finding of not guilty
based on merit, hence, different from
dismissal (insufficiency of evidence)107
103
Asiatic Petroleum Co. v. Commissioner of Internal Revenue
104
San Miguel Corp. v. Municipal Council of Mandaue
100
Geotina v. CA
105
Krivenko v. Register of Deeds
101
Lo Cham v. Ocampo
106
Manila Herald Publishing Co, Inc. v. Ramos
102
SSS v. City of Bacolod
107
Manlayaon v. Lising
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
3.
Previously convicted efe s to the date
of conviction and not date of commission
of crime108
Identical terms
- The general rule is words or phrases
repeatedly used in a statute will bear the
same and consistent meaning throughout the
whole statute109
When applied:
1. Particularly applies where words appear
so near each other physically
2. The word has a technical meaning defined
in the statute
Exception: Unless a different intention appears or
is clearly expressed
Presumption: Words used in a statute is used in
the same sense throughout the whole law
Qualified by purpose of statute
- The purpose is that which induced the
legislature to enact the statute
- Hence, the court should adopt that
interpretation that accords best with the
manifest purpose of the statute or promotes
or realizes its object110
- Construction should be rejected if it negates
the purpose of the law
Construed in relation to other provisions
- Words and phrases must be interpreted in
relation to other provisions, and not in
isolation
- Variation of construction as a whole
Adasa v. Abalos
Petitioner was charged of receiving and encashing a
check issued in the name of respondent without his
consent and knowledge. After finding a probable
cause, he was charged with by city prosecutor. In his
arraignment, he pleaded not guilty. Dissatisfied with
the finding of the latter, he filed a petition for review
before the DOJ, of which the DOJ ordered the
prosecutor to withdraw said case. Respondent filed a
108
Rura v. Lopena
109
Krivenko v. Register of Deeds
110
Luzon Stevedoring Co. v. Natividad
motion for reconsideration arguing that the DOJ
should dismiss outright the petition since there has
been an arraignment.
Held: The o d a i the ph ase a e e se,
affi o odif i “e . of the DOJ i ula should
e ead as shall in relation to Sec. 7 which positively
prohibits a giving due course if there has already been
an arraignment. Since there are no irreconcilable
differences or contradiction between said provisions.
Gachon v. Devera, Jr.
A complaint of forcible entry was filed by the private
respondents. Claiming to be an oversight, they filed a
petition for extension of time to file an answer with
the MTCC but was denied since it was a prohibited
pleading. After the reglementary period, they filed for
admission of answer and an amended answer. The
MTCC denied the motions and considered the case
submitted for resolution. It resolved in favour of
private respondents.
Held: All other provisions in the Rules of Summary
P o edu e used the o d shall i
atte s pe ti e t
to pleadings and answers. The policy beyond this is to
prevent needless delays and an orderly and speedy
discharge of judicial business. Hence, respondent judge
may render a judgment, motu proprio.
Dictated by context
- The context dictates how words should be
construed.
o Broad sense to a word of ordinarily
limited meaning (e.g. riparian refers not
only those living near the river but have a
water frontage)111
o Limited meaning of a word of broad
signification (e.g. overthrow in the AntiSubversion Act is limited to those by force
or violence)112
o Generic in one part, limited in another
(e.g. owner may be real or the
manager)113
Maxim: verba accipienda sunt secundum
materiam (a word is to be understood in the
context in which it is used)
111
Santulan v. Executive Secretary
112
People v. Ferrer
113
People v. Nazario
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
Disjunctive and conjunctive words
Disjunctive words signify disassociation
and independence of one thing from each
other enumerated (e.g. or ).
Exception: When the spirit or context of the
law warrants, it may be given a meaning as
that of: (1) and; (2) that is to say (given
that which precedes it the same significance
as that which follows it); or (3) successively
(in the order of).
Conjunctive words ea s togethe
ith, joi ed ith, alo g o togethe ith,
added to o li ked to used to o join word
with word, phrase with phrase, clause with
clause.
Exception: When the literal interpretation
would pervert the plain intention of the
legislators as gleaned from the context or
e t a eous fa to s, it a :
ea o ;
restrict the meaning of a broad word (if there
is a broad and the other restrictive).
And/or means the effect shall be given to
both the conjunctive and disjunctive, that is
taken according to the one that will best
effectuate the purpose intended by the
legislature
Reason: To avoid construction that excludes
the combination of several alternatives or the
efficacy of one standing alone.
Using associated words
1. Noscitur a sociis
2. Ejusdem generis
3. Expressio unius est exlclusio alterius
(negative-opposite doctrine)
4. Casus omissus
5. Doctrine of last antecedent (reddendo
singular singulis)
Noscitur a sociis
- Where the law does not define a word, it will
be construed as having a meaning similar to
-
that of words associated or accompanied by
it114
Where most of the word in an enumeration of
words in a statute are used in their generic
and ordinary sense, the rest of the words
should similarly be construed
People v. Delantar
Defendant Delantar was charged because of facilitating
and inducing his stepdaughter to sexual servitude.
Because of their relationship, it was claimed that the
crime was attended with an aggravating circumstance
of relationship.
Held: His relationship with the victim is not included in
those enumerated. It was not proven that he was the
real or biological father. At the most, he was said to be
the guardian. But the o d guardian envisaged by
the law is that of having a legal relationship
considering the other words in the list.
Carandang v. Santiago
Petitioner survived the attack of respondent Santiago.
As a result, respondent was charged with frustrated
homicide. Carandang filed a civil case to recover
damages against respondents and his parents.
Respondents argued that frustrated homicide was not
included as basis for a civil case under Art. 33 invoked
by the petitioner.
Held: The te
ph si al i ju ies u de A t.
should
not be construed as a specific crime falling under the
Revised Penal Code. Other words associating itdefamation and fraud- do not have a specific definition
and provisions in the RPC. Hence, it should be
understood in its generic sense, any bodily injury.
Ejusdem generis
- While general words are accorded their
generic sense, as a rule, they will not be given
such meaning if they are used in association
with specific words.
- When a general word follows an enumeration
of particular and specific words of the same
class, the general word is to be restricted to
persons, things or cases of the same kind as
those specifically mentioned.
Presumption: Had the legislature intended the
general words to be used in their generic and
unrestricted sense, it would not have enumerated
114
Co Kim Chan v. Valdez Tan Keh
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
specific words since the minds of the legislators
are addressed to the particularization.
Requisites:
1. Enumeration of particular and specific
words, followed by a general word
2. The specific words constitute a class or of
the same kind
3. Enumeration is not exhaustive or be an
example
4. No indication of legislative intent to give
the general words or phrases a broader
meaning
Limitations:
1. The specific words do not constitute a
readily discernible class and are patently
not of the same kind
2. There is the regulatory intent to give the
general phrase a broader meaning
3. The most important is that the statutory
provision is not itself restrictive
4. Where the law is clear and free from
ambiguity
Vera v. Cuevas
Petitioner, the commissioner of internal revenue,
o de ed the ithd a al of the p i ate espo de ts’
filled milk products from the market which do not bear
the inscription required by Sec. 169 of the Tax Code.
Held: The oad ph ase all ilk i said p o isio s
should be understood within the meaning of skimmed
milk since the headnote (skimmed milk) and the text
(condensed skimmed milk) talk about this. Hence, the
inscription is not required upon this kind of milk.
Expressio unius est exlclusio alterius
- Express mention of one person, thing or
consequence implies the exclusion of all the
others
- Also known as negative-opposite doctrine
- Canon of restrictive interpretation based on
the rules of logic and the natural workings of
the human mind (particularization)
- Opposite of doctrine of necessary implication
- 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 strictly constured
Presumption: The legislature would not have
made specified enumerations in the statute had
the intention been not to restrict its meaning and
confine its terms to those expressly mentioned.
Variations:
1. What is expressed puts an end to that
which is implied (i.e. if the statute is
expressly limited, it may not be extended
to other matters)
2. A thing that is not excepted must be
regarded as coming within the purview of
the general rule (exceptio firmat regulam
in casibus no exeptis)
Limitations:
1. Not applicable where words are used by
example only or to remove doubts
2. When the enumeration was not intended
to be exclusive
3. If there is no reason why other persons or
things not so enumerated should not
have been included and manifest injustice
will follow by non-inclusion (violation of
equal protection clause)
4. When it defeats the plainly indicated
purpose of the legislature
5. If it leads to inconvenience, hardship and
injury to public service
Malinias v. COMELEC
Petitioners, candidate for governor and congressman,
charged private respondents, their election rivals. They
claimed that private respondents prohibited them to
attend the canvassing under Sec. 25 of RA 6646 and
even entered the canvassing room violating Sec. 232 of
BP 881.
Held: Both RA 6646 and BP 881 specifies all election
offenses in Sec. 27 and Sec. 261 and 262, respectively.
The alleged violations are not included in said
enumeration of criminal election offenses. At the most,
they highlight the recognize rights of a political party
and candidate. This is more true since criminal
offenses should be strictly interpreted in favour of the
accused. But it does not mean that these are without
sanctions because administrative penalties may be
imposed.
People v. Lopez
Judge Eusebio Lopez was charged for being biased in
the trial of Guillermo Francisco, who was accused of
treason for collaborating with the Imperial Japanese
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
force. He dissented to the judgment made by his two
associate justices in their division- he justified the
actions of the alleged political collaborators and even
called them patriots. As a result, he was asked to be
disqualified by the prosecution. The other associate
justices resolved to disqualify him.
Held: There is no law effectively disqualifying a judge
for partiality. Sec. 1 of Rule 124 does not include
failure to administer impartially as one of the grounds
of disqualification. If this be the case, then many
justices will be disqualified since human nature tells us
that everyone has his own biases. And even if it may be
a ground, only the challenged judge himself may
determine whether he is fit to render a fair judgment.
Pimentel III v. COMELEC
Petitioner and private respondent Zubiri were fighting
th
for the 12 place for the senatorial position. Pimentel
assailed the canvassing of the Municipal COCs by the
Special Provincial Board of Canvassers (SPBOC) for
Maguindanao, created because of the alleged
irregularity in the PBOC chaired by Lintang Bedol.
Held: As a general rule, pre-proclamation cases for
national positions are prohibited under Sec. 15 of RA
7166 to avoid delay in the proclamation of the winner.
But it allows an exception if the authenticity of COCs
questioned are now lodged in the COMELEC en banc or
the Congress sitting as National Board of Canvassers.
Because the pre-proclamation cases at the provincial
level is not mentioned in the exceptions, it is still
prohibited.
E.B. Villarosa & Partner Co, Ltd. v. Benito
Petitioner agreed to develop certain parcel of lands
owned by respondents in Cagayan de Oro, and agreed
that litigations that may arise shall be tried in Makati.
Private respondent filed a case against petitioner for
breach of contract for failure to make any
developments. Summons was served upon the
defendant through its branch manager. They moved to
dismiss the case on the ground of improper submission
of summons.
Held: The Rules of Court initially provided that service
of summons may be made to a manager, secretary,
cashier, agent, etc. until it was amended by the Rules
of Civil Procedure saying that onl a ge e al
a age , o po ate se eta , t easu e
a e
su
o ed; the o d age t as deleted f o the
list. Hence, the new law strictly provided who may be
summoned to ensure that the corporation will receive
prompt and proper notice of actions against it.
Because of this, the trial court did not acquire
jurisdiction.
Primero v. CA
Orlando Primero was charged and convicted of acts of
lasciviousness with illegal possession of deadly
weapon, a bayonet.
Held: Where there is no reason why a thing not
enumerated should not be included that will lead to
manifest injustice, expressio unius est exclusio alterius
cannot be applied. Although a bayonet is not expressly
e tio ed as laded, poi ted o lu t eapo
under PD 9, it cannot be convincingly argued that it is
not a bladed, pointed or blunt weapon. If a fan knife,
balisong or club, less deadly than a bayonet are
prohibited under the law, there is no reason why a
more dangerous weapon such as a bayonet should be
exempted.
Casus omissus pro omisso habendus est
- A person, object or thing omitted from an
enumeration must be held to have been
omitted intentionally
- Applies only if and when the omission has
been clearly established
Exception: When the legislature did not intend to
exclude the person, thing, or object from the
enumeration
Doctrine of last antecedent
- As a general rule, qualifying words restrict or
modify only the words or phrases to which
they are immediately associated, not those
that are distantly or remotely located115
- The use of a comma (,) to separate an
antecedent from the rest exerts a dominant
influence in the application of this doctrine
(i.e. qualifying effect or a modifying word will
be confined to its immediate antecedent if
the latter is separated by a comma from the
other antecedents)116
Maxim: ad proximum antecedens fiat relation nisi
impediatur sententia (relative words refer to the
nearest antecedent, unless the context otherwise
requires)
115
Felipe v. De la Cruz
116
Nera v. Garcia
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
Exceptions:
1. Where the intention of the law is to apply
the phrase to all antecedents embraced in
the provision, the same should be made
extensive to the whole.
*Slight indication of this intent is
sufficient to extend the relative term117
2. The intention is not to qualify the
antecedent at all.118
Cadayona v. CA
Petitioner was suspended by the Civil Service
Commission. As a result, he filed a motion for
reconsideration with the CA. The latter dismissed it
because three annexes were not certified true copies.
Held: The doctrine of last antecedent cannot be
applied ualif i g othe suppo ti g pape s ith
e tified t ue opies. O l the judg e t, fi al o de
or resolution are required to be certified true copies.
The court cited several provisions showing that only
the three need be certified true copies. To rule
otherwise would be too harsh and would not promote
a just, speedy and underlying disposition of the case.
Florentino and Zandueta v. PNB
Petitioners filed a mandamus to compel PNB to accept
their backpay certificate to pay their debts. However,
PNB refused arguing that there was a qualification of
ho a e illi g to a ept the sa e as settle e t
in the statutory provision.
Held: Said qualification should refer to the last
a te ede t a asso iatio o o po atio o ga ized
u de Philippi e la s. The purpose of the statute is
the recognition of the government of the contribution
of veterans to the resistance movement. Hence, its
agencies must accept said certificates. To impose this
on private corporations would tantamount to
deprivation of property because of the lower rate it
has.
Redendo singal singulis (referring each to
each)
- Referring each phrase to its appropriate
object
- Let each be put in its proper place
- Words should be taken distributively
(Each word is to be applied to the subject
117
Ochate v. Deling
118
Heras Teehankee v. Director of Prisons
to which it appears by context most
appropriately related and most
applicable)
Amadora v. CA
The son of petitioners was shot by a classmate inside
the s hool’s audito iu
hile doi g a ph si s epo t.
They filed a civil action for damages under Art. 2180 of
the Civil Code against the school, principal, the dean of
the boys and the physics teacher.
Held: Teachers should apply to pupils and students
(academic), heads of arts and trades to apprentices.
This is because of the closer tutelage found in heads of
arts and trades than the heads in academic
institutions, in which the teachers practice close
supervision.
Provisos, Exceptions and Saving Clauses
1. Provisos
2. Exceptions
3. Saving clause
Provisos
- Limit the application of the enacting clause,
section, or provision of a statute, or to except
something from it, or qualify or restrain its
generality, or to exclude some other ground
of exclude some possible ground of
misrepresentation
Exception: If there is a contrary legislative intent
*Commonly found at the end of a section,
provision, and introduced by the following:
1. Provided
2. But nothing herein
*But the use of p o ided does ot
necessarily make the provision a proviso.
What determines whether a clause is a
proviso is not is its substance then its form.
Roles:
1. Limit or restrain the general language
2. Enlarge, restrict or limit a phrase of
limited import had there been no proviso
qualifying it.
3. Give additional legislation
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
4. Qualifies or modifies the phrase
immediately preceding it.
*If there is a repugnancy between a
proviso and the main provision, the first
step is harmonizing the two. If there is an
irreconcilable conflict, that which is
located in a later portion of the statute
prevails since it is the latest expression of
legislative intent.
Exceptions
- Clause which exempts or removes something
from the operation of a statute by express
words119
- Words used: except, unless, otherwise, shall
not apply
- But it need not always be introduced by these
words.
- Confirms the general rule
- Express mention of exceptions excludes other
exceptions; and conversely, those which are
not within the enumerated exceptions are
deemed included in the general rule
Maxim: exceptio firmat regulam in casibus non
exceptis (a thing that is not excepted must be
regarded as coming within the purview of the
general rule)
except something from an enacting clause, in this
sense, they are similar
Saving clause
- Operates to except from the effect of the law
what it provides121 or to save something
which would otherwise be lost122
- Usually used to except or save something
from the effect of a repeal
- In construing it, the intent of the legislature
shall be considered or the purpose which the
legislature had in mind in enacting said law
Differences of an exception to a proviso120
Exception
Proviso
Exempts something
Defeats the operation
absolutely from the
conditionally
operation of law, by
express words
Takes out of the statute Avoids something by
something that would
way of defeasance or
be a part of it
excuse
otherwise
Part of the enactment
When the enactment is
itself
modified by engrafting
a new provision, by
way of amendment
It is said that one of the function of a proviso is to
119
120
Pendon v. Diasnes
121
Bautista v. Fule
122
Ibanez de Aldecoa v. Hongkong & Shanghai Bank
Rowell v. Janurin
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
STATUTE CONSTRUED AS WHOLE AND IN
RELATION TO OTHER STATUTES
Construction of a statute as a whole
A statute is passed as a whole and not in parts
or sections and is animated by one general
purpose and intent. Hence, it should be construed
as a harmonious whole.
Maxim: ut res magis valeat quam pereat (that
construction is to be sought which gives effect to
the whole of the statute)
*Unsafe way of construction: Dividing a statute by
a process of etymological dissertation, into
separate words, and then apply each, separated
from its context, some particular definitions given
by lexicographers, and then reconstruct the
statute upon the basis of these definitions.123
Importance in construction
The intent of the statute is ascertained from it
taken as a whole. And this purpose (intent)
controls its construction- how each word and
phrases may be given meaning.
Intent is ascertained from statute as a whole
- The intent or meaning of it should be
ascertained from the statute taken as a
whole and not from isolated parts of it.
- A statute should be construed with
reference to every other part and every
word and phrase in connection with its
context.
Maxim: optima statuti interpretatrix est ipsum
statutum (the best interpreter of a statute is
the statute itself)
Purpose or context as controlling guide
- The meaning attached to any word or
phrase in a statute is usually ascertained
from the context, the nature of the
subject treated and the purpose or
intention of the body which enacted it
123
Sotto v. Sotto
Construction of a statute as a whole
Because a statute is enacted as a whole and
not in parts, every part is as important as the
other. Hence, in order to properly and
intelligently construe a provision or section of a
statute, understand its meaning and scope, and
apply it to an actual case, the courts should
consider the whole act itself.124 (i.e. a provision
unclear by itself may be made clear by reading
and construing it in relation to the whole statute)
Presumption: The legislature has enacted a
statute whose provisions are in harmony and
consistent with each other and that conflicting
interpretation in the same statute are never
supposed or regarded.
Exception: If one part of a statute cannot be
reconciled or harmonized with another without
nullifying one in favour of another, the court
should construe it by choosing the one which will
best effectuate the legislative intent
How done:125
1. Take the thought conveyed by the statute
as a whole
2. Construe the constituent parts together
3. Ascertain the legislative intent from the
whole act
4. Consider each and every provision in the
light of its general purpose
5. Endeavor to make every part effective,
harmonious and sensible
Apparently conflicting provisions reconciled
- All provisions, even if apparently
contradicting, should be allowed to stand
and given effect by reconciling them
- The courts should endeavour to reconcile
statutes instead of declaring outright the
invalidity of one against the other
Radiola-Toshiba v. IAC
A levy on attachment was done in favour of the
petitioners on the real properties of private
124
Maddumba v. Ozaeta
125
Republic v. Reyes
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
respondent spouses. Four months later, 3 creditors
filed for an involuntary insolvency of the spouses.
Held: The lien on the disputed properties overrode the
insolvency proceeding and was not dissolved. Sec. 32
provided a cut-off period where levy on attachment
shall be dissolved (1 month and 30 days for judgments
entered in actions commenced prior to the
proceeding). Sec. 79, where respondents relied, talks
about the right of the plaintiff and does not dissolve
the attachment. Construction should give effect to the
every word of the whole statute.
Aquino v. Quezon City
This consolidated two cases involving the non-payment
of real property tax. In the first case, Spouses Aquino
withheld the payment of real property tax as a protest
to the government of Marcos. In the second, Solomon
Torrado paid taxes on the improvements but not on
the land itself because the Treasurer cannot find the
index card for the land. Because of non-payment, the
QC government sold the delinquent properties. The
petitioners contend that they were not notified of the
transactions.
Held: The Real Property Tax Code should be construed
as a whole. Although it required a Notice of
Delinquency in Secs. 65 and 67, the respondents have
complied with it satisfactorily. Posting and publication
is not indispensable so long as there was personal
service. On the other hand, sec. 73 gives an option to
the Treasurer where to send the notices: (a) address
shown in tax rolls, (b) residence, if known to the
treasurer or barrio captain. Torrado indicated in his
add ess, Butua Cit , a d the T easu e t i e ailed
in this address (notice of delinquency and notice of
sold property). It is immaterial if they have received
the notice so long as there was strict compliance to the
provisions of the law by the Treasurer.
Aisporna v. CA
Mapalad Aisporna was charged with a violation of the
Insurance Act for selling insurance policies without
license. She claimed that she was just helping her
husband, the registered insurance agent.
Held: The statute must be construed as a whole. Sec.
189(1), though prohibiting the any person to act as
agent without authorization from the Insurance
Commissioner, Sec. 189(2) defined who an agent isselling policies for compensation. This definition should
be applied in relation to other paragraphs. Hence,
without proof of compensation, Aisporna may not be
held liable.
Sajonas v. CA
Spouses Sajonas decided to buy on instalment from
Spouses Uychocdes a piece of land. A deed of absolute
sale with adverse claim was issued to them. But there
was a compromise agreement between the vendor
spouses and the Spouses Pilares (their creditor). A
notice of levy of execution was inscribed in the title.
Held: Sec. 70 of PD1529 provided that an adverse claim
shall be effective for 30 days from the date of
registration, this is to protect the interest of a person
over a piece of land. This will not be automatically
a elled afte the lapse of said ti e,
da s.
Hence, it will continue until cancellation.
Special and general provisions in a statute
- Where there is a particular or special
provision and a general provision in the
same statute, the former is construed as
an exception to the latter126
Construction as not to render provision
nugatory
- A portion of a statute should not be
construed to destroy the other
Maxim: interpretatio fienda est ut res magis
valeat quam pereat (a law should be
interpreted with a view to upholding rather
than destroying it)
Paras v. COMELEC
Held: A statute should be construed in relation with
other provisions. Sec. 74(b) must be construed in
relation to paragraph A, which is the time when a
recall may take place (i.e. second year of the term).
Construction as to give life to the law
- Laws must receive sensible interpretation
to promote the ends of which they are
enacted.127
- They should be given reasonable and
practical constructions will give life to
them128
- It should not be construed as to allow the
doing of an act prohibited by law129
126
Lichauco & Co. v. Apostol
127
Lo Cham v. Ocampo
128
Arabay, Inc. v CFI Zamboanga
129
Uy Ha v. City Mayor of Manila
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
Presumption: The legislature did not to a vain
thing in the enactment of a statute
Construction to avoid surplusage
- The statute should be construed as to
make no part of it a useless surplusage
- All efforts should be exerted to give some
meaning to every word or phrase in a
statute
Presumption: The legislature is presumed to
have used the word or phrase for a purpose,
and not to insert a provision which is
unnecessary.
Manila Lodge No. 761 v. CA
The Philippine Commission enacted Act No. 1360 to
reclaim a certain portion of Manila Bay. This gave
ownership to the City of Manila but setting aside a
portion in the northern part where a hotel shall be
built. The City of Manila sold it to BPOE, the latter
selling it to Manila Lodge. BPOE sold it again to TDC
and petitioned to cancel the right of Manila to
repurchase the land. The trial court and the CA
resolved in favour of the City of Manila and held that
the contested land is a public park or plaza.
Held: The City of Manila cannot sell the land because it
is a public park (several arguments were given to
support this). This needs authorization from Congress
he a p o isio said, he e autho ized, hi h
means Congress only empowered the City. To construe
that the City does not need legislative permission to
sell land is to render the said phrase superfluous.
Statute and its amendments construed
together
- Changes made by the legislature, in the
form of amendments, should be given
effect together with the other parts of the
amended act
Presumption: It is not presumed that the
legislature, in making such changes, was
indulging in mere semantic exercise. There
must be some purpose in making them.
Construction in relation to the Constitution
As the fundamental law of the land, all
statutes should be subservient to the
Constitution. Hence, any statute should be
construed in harmony with, and not in violation of
it.130
Presumption: The legislature in enacting a law is
presumed to have adhered to the constitutional
limitations. It was the intention of the legislature
to enact a valid, sensible, and just law.
Construction to avoid conflict with the
constitution
A statute should not be construed in such a
way that will give rise to a constitutional doubt.
- If a statute is reasonably susceptible of two
constructions, one constitutional and one
unconstitutional, that construction in favour
of its constitutionality shall be avoided and
the construction that will render it invalid
rejected.131
- Every intendment of the law should lean
towards its validity, and the court should
favour that construction which gives it the
greater chance of surviving the test of
constitutionality.132
- Courts may be even justified in disregarding
the more usual and apparent import of the
language used in the statute and in straining
the ordinary meaning of words to avert any
collusion or repugnancy between what the
statute provides and what the Constitution
requires.133
Paras v. COMELEC
Held: A statute should be construed in relation to the
Constitution. To construe SK election as a local election
is to render the Art. X Sec. 3 of the Constitution
nugatory. This would hinder the system of recall
granted by the Constitution.
In re: Guarina
Mario Guarina wanted to be admitted to the Bar
without taking an examination since he is a fiscal of
Batanes. He relied on Act No. 1597 Sec. 2 stating that
130
PLDT v. Commissioner of Internal Revenue
131
Alba v. Evangelista
132
San Miguel Corp. v. Avelino
133
Mutuc v. COMELEC
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
provincial fiscals may be licensed to practice law
without taking the exam.
Held: Said provision should be construed in relation to
the organic act (Philippine Bill of 1902). PB of 1902
prohibited Congress from depriving jurisdiction from
the court. Since prior to PB of 1902, the Organic Act
(Act No. 136) and the Code of Civil Procedure (Act No.
190) granted the Court the jurisdiction to deny
admission to the Bar, the o d a should e
construed as permissive so as not to decrease the
discretion of the Court regarding admission to the Bar.
General rule: A statute will not be construed
as repealing a prior act on the same subject.
In case of doubt, it will be resolved against
implied amendment or repeal and in favour of
harmonization of all laws on the subject
matter135
Exceptions:
1. Unless there is an irreconcilable
repugnancy between them and
harmonization or reconciliation is not
possible
2. The new law evidently intended to
supersede all prior acts on the matter to
comprise itself the sole and complete
system of legislation on the subject
If harmonization is impossible:
- If there has been an implied repeal, the
latter statute should be construed as to
modify the prior law no further than may
be necessary to effect the specific
purpose of the latter enactment136
- If cannot be possibly harmonized, the
earlier one must yield to the later one, it
being the latest expression of legislative
will137
Phrases:
- Statutes must be construed not only to be
consistent with itself but also to
harmonize with other laws on the same
subject matter, as to form a complete,
coherent, intelligible, and uniform system
of jurisprudence138
- The best method of interpretation is that
which makes laws consistent with each
other
- Two or more statutes on the same subject
were enacted at different times and
under dissimilar circumstances or
conditions, their interpretation should be
in accordance with the circumstance or
conditions peculiar to each (distinguire
Asociacion de Agricultores de Talisay-Silay v. TalisaySIlay Milling Co.
RA 809 was enacted, allowing the increase of shares of
planters and labourers in the income. Respondents
disagree stating that there was a contract already
between them and the planters.
Held: RA 809 is not unconstitutional since it is in
keeping with the social justice principle of the
Constitution and a police power measure for the
promotion of labor conditions. It seeks to reduce the
inequality received by the Central and the labourers.
Construction in relation to other statutes
Statutes in pari materia
- Two or more statutes relate to the same
specific subject matter.
- Relate to the same person or thing, or have
the same purpose or object, or cover the
same specific or particular subject matter134
Presumption: Laws are consistent with each
other. Whenever a legislature enacts a law, it has
in mind the previous statutes relating to the same
subject matter, and in the absence of any express
repeal or amendment, the new statute is deemed
enacted in accord with the legislative policy
embodied in those prior statutes.
Maxim: interpretare et concordare leges legibus
est optimus interpretandi modus (every statute
must be so construed and harmonized with other
statutes as to form a uniform system of
jurisprudence)
Construing statutes in pari materia
Ask the question: Does the later act impliedly
amended or repealed the earlier statute?
134
135
City of Naga v. Agna
136
Lacson v. Roque
137
Id at 135
138
Republic v. Asuncion
City of Naga v. Agna
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
- embraces a class of
subjects or places and does not omit any
subject or place naturally belonging to such
class141
tempora et concordabis jura or distinguish
times and you will harmonize laws)139
City of Naga v. Agna
Respondents wanted to claim refund for the tax they
paid to Naga after the enactment of Ordinance No.
360, changing the scheme of taxation. They contend
that the ordinance did not take effect in 1970 but a
year after its approval.
Held: The statutes in pari materia, talk about the
enactment and effectivity of tax ordinances. Since it
involved only a change in taxation, it fell under Sec.
2309 of the Revised Administrative Code. But if it
creates an entirely new tax, Sec. 2 of RA 2264 (Local
Autonomy Act) shall govern (effective 15 days after the
passage).
Commissioner of Internal Revenue v. SC Johnson
Respondent was obliged to pay their parent company
royalties based on a percentage of net sales. It is also
subjected to 25% withholding tax on royalty payments.
They filed for refund to the BIR for overpaying arguing
that a preferential rate of 10% should apply to them.
Respondent court ruled in favour of SC Johnson saying
that the RP-US Tax Treaty is related to the RP-West
Germany Tax Treaty.
Held: The two treaties are not in pari materia. This is
because the German Tax Treaty expressly allows
crediting against German income and corporation tax
unlike with that of the US. The US does not have a
similar matching credit scheme and no commitment on
the grantee to give some form of tax relief to the
grantor. Thus, the ost fa ou ed atio p efe e tial
tax rate should not apply.
Statutes in pari materia
1. General and special statutes
2. Reference statutes
3. Supplemental statutes
4. Reenacted statutes
5. Adopted statutes
1. General and special statutes
General statute- applies to all people of the
state or to all of a particular class of persons
in the state with equal force140
139
140
Special statute- relates to a particular person
or things of a class or to a particular portion
or section of the state only142
General rule: The special must prevail since it
evinces the legislative intent more clearly than
that of a general statute and must be taken as
intended to constitute an exception to the
general act143
*The circumstance that the special law is passed
before or after the general act does not change
the principle
Reason: The legislature has its attention directed
to the special facts and circumstances which the
special act is intended to meet. It considers and
makes provisions for all the circumstances of a
particular case.144
Exceptions:
1. Where the legislature clearly intended the
later general enactment to cover the whole
subject and to repeal all prior inconsistent
laws
2. Where the special law merely establishes a
general rule while the general law creates a
specific and special rule
Lichauco & Co. v. Apostol
Petitioner wanted to import draft and bovine cattle for
the manufacture of serum from Pnom-Pehn. But
respondent did not admit the cattles.
Held: Sec. 1770 of the Administrative Code has not
been repealed by Act No. 3052. Unless there is an
irreconcilable repugnancy, there can be no implied
repeal. Sec. 1770 (AC) deals with a special contingency
(any animal from which the Department Head declares
that a dangerous communicable disease prevails in a
141
Valera v. Tuason
142
Id at 140
143
Lichauco & Sons v. Apostol
144
Manila Railroad Co. v. Rafferty
Commissioner of Customs v. Superior Gas & Equipment Co.
US v. Serapio
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
foreign country) not subject to Act No. 3052, amending
sec. 1762 (permitting a draft or bovine cattle for the
manufacture of serum).
Butuan Sawmill v. City of Butuan
The City of Butuan, acting on its charter RA 523 in
1950, passed an ordinance taxing businesses engaging
electric light, heat and power. Butuan Sawmill, which
was given a legislative franchise by virtue of RA 399 in
1949, disputed the constitutionality of the taxing
ordinance because it impairs the obligation of contract.
Held: Although the charter of Butuan was approved
later than the grant of franchise, the latter was special
and the former general. The charter gave taxing power
to Butuan but businesses of electric light, heart and
power should serve as exemptions. Also, the Local
Autonomy Act did not authorize Butuan to tax the
franchised business since it would result to double
taxation because a franchise tax is already paid.
2. Reference statutes
- Refers to other statutes and makes them
applicable to the subject of legislation.
- Incorporation in a statute of another statute
by reference
- Used to avoid encumbering the statute books
of unnecessary repetition
- Recognized as an approved method of
legislation in the absence of constitutional
restrictions
- Adoption by reference of a statute previously
repealed revives that statute but does not
include subsequent changes or modification
People v. Martin
Hermin Arceo and Simeona Martin were charged with
possession of counterfeit science stamps. The CFI
dismissed it since RA 5448 did not punish said crime
because no mention was made regarding a science
stamp. The pe alties e tio ed i RA
8 efe s
only to the administrative and not criminal.
Held: Since the statutes are in pari materia, sec. 4(2) of
RA 5448 referred to the manner and time of collection,
and the penalties provided in Sec. 240 of the National
Internal Revenue Code (NIRC). This made the provision
complete and as effective and fool proof as the earlier
statute, hence, it must be criminal in nature.
3. Supplemental statutes
- Intended to supply deficiencies in an existing
statute and to add, to complete, or extend
the statute without changing or modifying its
original text
4. Reenacted statutes
- The provisions of an earlier statute are
reproduced in the same or substantially the
same words
- Two statutes with a parallel scope, purpose
and terminology should, each in its own field,
have a like interpretation, unless in particular
instances there is something peculiar in the
question under consideration, or dissimilar in
the terms of the act relation to it, requiring a
different conclusion
- If a statute has been construed by the court
of last resort and the same is re-enacted, the
legislature may be regarded as adopting such
construction (adoption of contemporaneous
construction)
- Applies only when the statute is capable of
the construction given to it when the
construction has become a settled rule of
conduct
- Reenactment may also be done by reference
ESSO Standard Eastern v. Commissioner of Internal
Revenue
Petitioner asked for refund for overpaid taxes arising
from the disallowance of the margin fees paid to the
Central Bank on its profits to its New York head office.
They claim that margin fees are taxes, hence, should
e dedu ti le f o E““O’s g oss i o e u de “e .
30(c) of the NIRC.
Held: The margin fee was not a re-enacted statute of a
revenue measure. It is in keeping with the police
power of the State to discourage imports and
encourage exports. It cannot also be considered as a
necessary expense deductible to the net income
because it is paid to its head office as a separate
income, and not as an appropriate and helpful in the
development of the business. Tax exemptions are
strictly construed against the taxpayer.
Mactan Cebu International Airport Authority v. Marcos
MCIAA was created by virtue of RA 6958 and enjoyed
tax exemption under Sec. 14 of its Charter. The City
Treasurer demanded for payment of real estate tax. It
was contended that, aside from Sec. 14, the Local
Government Code exempted the National Government
and its agencies, and the MCIAA is an instrumentality
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
of the government performing governmental
functions.
Held: Congress did not expand the scope of the
exemption to include instrumentalities or agencies of
the government-owned and controlled corporations.
The reproduction of the source of exemption in Sec.
40(a) of PD 464 (Real Property Tax Code) in the Local
Government Code excluded the GOCCs.
5. Adopted statute
- A statute patterned after, or copied from a
statute of a foreign country
- In construing adopted statutes, the court
must take into consideration:
o construction of the law by the courts of
the country from which it is taken,
o law itself
o practices under it
Exception: construction given to the statute
subsequent to its adoption, but it has persuasive
effect
Banas v. CA
Banas sold a land to Ayala Investment for P2,308,770.
In the Deed of Sale, it was agreed that he shall be paid
in instalment for four years. On the same day, he
discounted the promissory note with Ayala. He was
issued 9 checks all dated with that day drawn against
BPI. In the first year, he reported P461,754 as his
income, and a uniform income of P230,877 for the
succeeding years. He was charged for tax evasion but
applied for tax amnesty under PD 1740. He filed for
another tax amnesty under PD 1840. But he still
insisted that he was paid in instalment.
Held: To avail of the tax amnesty, there should be a
disclosure of untaxed income. When he discounted the
check, he lost his entitlement of payment through
instalment since he immediately received cash. The
law was adopted from the US where it held that an
instalment obligation discounted at a bank, it would
result to a taxable disposition. Hence, he should have
declared the whole income in that year.
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
2. General welfare or growth of civilization
Maxim: salus populi est suprema lex (public
good is the highest in law)
statuta pro public commodo late
interpretantur (statutes enacted for the public
good are to be construed liberally)
- Statutes and judicial decisions
alike come into being out of the
same common roots, the
supreme good of society
- Statutes are not isolated from the
drama of life as it unfolds, hence,
they must be interpreted in the
light of the growth of civilization
and varying conditions.
STRICT OR LIBERAL CONSTRUCTION
Strict construction
- Scope of the statute shall not be enlarged or
extended by implication, intendment, or
equitable consideration beyond the literal
meaning
- Close and conservative adherence to the
literal or textual interpretation
Limitations: It does not mean that the statute
should be given its narrowest meaning. Nor does
it mean that words should be restricted as not to
have their full meaning.
Liberal construction
- Equitable construction as will enlarge the
letter of the statute to accomplish its
intended purpose, carry out its intent, and
promote justice
- Expand the meaning of the statute to meet
cases which are clearly within the spirit or
reason of it
Exceptions: If the statute is plain, clear and
unambiguous, enlargement of the provision is
prohibited. Nor does it mean that the words be
forced out of their natural meaning.
Statutes strictly construed
1. Penal statutes
2. Statutes in derogation of rights
a. Statutes authorizing expropriations
b. Statutes imposing taxes and custom
duties
c. Statutory grounds for removing
officials
3. Statutes granting privileges
a. Legislative grants to local government
units
b. Naturalization laws
c. Statutes granting tax exemptions
d. Statutes prescribing formalities of will
4. Statutes concerning the sovereign
a. Statutes authorizing suits against the
government
5. Exceptions and provisos
*Liberal construction is not engrafting upon a
law something which the Court believes ought to
be there. Liberal construction is a valid exercise of
judicial power, the latter is judicial legislation that
is forbidden by the doctrine of separation of
powers. 145
*In interpreting the law, the following should
be taken into account:
1. Social justice
- The constitutional mandate on social
justice is addressed not only to the
legislative branch but also to the two
other departments of the
government
- If the provision is susceptible of two
interpretations, they now have to be
construed to promote and achieve
social justice.
145
Tanada v. Yulo
1. Penal statutes
- Those which define crimes, treat of their
nature, and provide for their punishment
- Strictly construed against the State and
liberally in favour of the accused146
Reason:
a. The law is tender in favour of rights of an
individual; the object is to establish a
certain rule by conformity to which
146
People v. Subido
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
mankind would be safe, and the
discretion of the court limited.
b. It is not to enable a guilty person to
escape punishment through a technicality
but to provide a precise definition of
forbidden acts147
General rule: Penal statute shall not be construed
to make the commission of certain prohibited acts
criminal without regard to the intent of the doer
Maxim: actus non facit reum nisi mens sit rea (the
act itself does not make a man guilty unless his
intention were so)
actus me invite factus non est meus actus
(an act done by me against my will is not my act)
Exception: If acts are only mala prohibita and the
statutes plainly prohibits an act without implying
that it be done knowingly of wilfully.
Limitations to construction in favour of the
accused:
1. Not to be construed as to defeat the
obvious purpose of the legislature
2. Only when the law is ambiguous and
there is doubt in its meaning
Buenaseda v. Flavier
Petitioners challenged the power of the Ombudsman
to issue preventive suspension to employees working
in government offices other than the Office of the
O uds a . This is e ause of the p o isio , The
Ombudsman or his Deputy may preventively suspend any
officer or employee under his authority pending an
investigation.
Held: Preventive suspension is not a penalty and just a
matter of procedure. Hence, it must be liberally
construed. To do otherwise is to render the
Ombudsman powerless in his investigation since he
can issue preventive suspension only to those working
directly under his office.
Centeno v. Villalon-Pornillos
Petitioners, officers of the Samahang Katandaan ng
Nayon ng Tikay, were charged with violation of PD
1564 or the Solicitation Permit Law by Judge Angeles.
They were asking for money to renovate their chapel.
Held: The court distinguished religious and charitable
purposes and held that solicitations for religious
purposes are not covered by said law. Although
147
solicitations for religious purpose are considered
charitable also, not all charitable actions are religious
in nature. Hence, penal laws should be construed in
favour of the accused.
People v. Salarza, Jr.
Zareen Smith claimed that she was raped by the
defendant after a drinking session.
Held: Accused was acquitted since the elements of
rape are not satisfied. It is impossible that force or
intimidation attended the act since there was consent
when she thought that the one having sex with her is
her lover and passively acceded to the act. Salarza did
nothing to mislead her and even told him who he was
and never used force. Zareen was not deprived of
reason or unconscious since she knew that someone
was undressing her. She admitted that she had sex
with her boyfriend many times and knew that he was
fo d of fo epla a d does ’t ha e se he d u k.
Hence, she should have known that the man whom
she was having sex with was not her lover.
2. Statutes in derogation of rights
- In the exercise of the police power, the
legislature may enact laws curtailing or
restricting rights of the people
- Because they are in derogation of common or
general rights, they are strictly construed and
confined within their scope
a. Statutes authorizing expropriations
- Same as the above but based on the
power of eminent domain
- Strictly construed against the
expropriating authority and liberally
in favour of the property owners
b. Statutes imposing taxes and custom
duties
- Power to tax is incident of sovereignty
and is unlimited in range. That is why
it is ega ded that the po e to ta
i ol es the po e to dest o
- Taxation is a destructive power which
interferes with personal and property
rights of the people
- Strictly construed against the
government and liberally in favour of
the taxpayer
c. Statutory grounds for removal of officials
People v. Purisima
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
-
Those referring to suspension or
removal of public officials are to be
construed strictly
- Must be confined within the limits
prescribed: causes, manner,
conditions
Reason: Removal is a drastic action that
would result to injustice and harm to
public interest
Collector of Internal Revenue v. La Tondena
Respondent La Tondena was in the business of alcohol.
In making the Manila Rum, it uses a low test alcohol
which it subjects and re-rectifies to further distillation.
At first, they were exempted and given an allowance of
not exceeding 7% since there was a loss in the process
of distillation. But after the passage of RA 1608,
respondent was ordered to pay taxes for these losses
since the tax in alcohol is attached not as soon as it has
existed but on the finished product.
Held: The law should not be given a retroactive effect.
Hence, it must be strictly construed against the
Government. It was clear that during said years, the
prevailing rule was to exempt La Tondena as a result of
said losses.
City of Manila v. Chinese Community of Manila
The City of Manila asked the CFI in Manila to
expropriate the land for the purpose of constructing a
public improvement. The respondents contend that it
was one of the owners of the parcels of land.
Held: Expropriation statutes are strictly construed
against the expropriating authority. This is because of a
derogation of the right. The right to ascertain upon
trial whether the right exists for the exercise of
eminent domain, it intended that the courts should
inquire into, and hear proof upon, those questions.
Caneda v. CA
Mateo Caballero, an old widower executed a last will
and testament before 3 attesting witnesses. He passed
away even before the commencement of the hearing
of the petition. As a result, a legate was appointed as
special administrator. Petitioner contended that they
are related to the testator and challenged the
appointment of a special administrator. The lower
court rendered a decision stating the validity of the
will. However, petitioners allege that the will did not
contain any attestation clause and lacks several
requirement or element.
Held: The testator himself signed the will and all pages.
It is not important that every page must be signed by
the witnesses. But he lacks the element of a will. To be
valid, it should be executed in accordance with
statutory provisions.
4. Statutes granting privileges
Viewed with suspicion because grants of
advents created special privileges or
monopolies for the grantees
- Strict construction requires that those who
invoke the grant should strictly comply with
the provisions
Maxim: privilegia recipient largam
interpretationem voluntati consonam concedentis
(privileges are to be interpreted in accordance to
the will of him who grants them)
a. Legislative grants to local government
units
- Grants of public nature and should be
construed strictly against the grantee
- Gratuitous donation of public money
or property which would result in an
unfair advantage to the grantee
b. Naturalization laws
- Strictly construed against the
applicant for citizenship and should
be rigidly enforced and followed
Reason: The right of an alien to become a
citizen is a statutory and not a natural
one. 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.148
c. Statutes granting tax exemptions
- The law frowns against exemption
from taxation
- It must be strictly construed against
the taxpayer and liberally in favour of
the taxing authority
Reason: Minimize the different treatment
and foster impartiality, fairness, and
equality of treatment among taxpayers.149
Exceptions:
-
148
Mo Yuen Tsi v. Republic
149
Resins, Inc. v. Auditor General
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
1. Where the provision of the law is
clear and unambiguous
2. There is no qualification for the
granting of exemption
3. Exemptions in favour of government
itself or its agencies
d. Statutes prescribing formalities of will
- Strictly construed as to make noncompliance to the statutory
requirements shall invalidate the will
- This is not a matter of right of the
testator but of the privilege given by
the legislature, hence, the intent of
the legislature and not of the testator
should apply
rights and interest of the government are
strictly construed
The statutes, no matter how broad, will not
cover the sovereign until it is specifically
mentioned150
The government does not fall within the
terms of any legislation151
a. Statutes authorizing suits against the
government152
- The sovereign is exempt from suit, in
the absence of its consent to be sued,
is a universal rule
- To justify a suit against the
government, there must be a law
conferring the right to maintain the
action that must be plain and
positive153
Reasons:
1. Classical - There can be no legal right
as against the authority that makes
the law on which rights depend
(nullum tempus occurit regi)
2. Practical- To allow the State to be
sued without its consent is to make it
subject to inconvenience and loss of
governmental efficiency, with a more
adverse result greater than if the
doctrine is abandoned
-
-
Esso Eastern Oil v. Acting Commissioner of Custom
Esso wanted to refund the amount it paid for special
import used in its oil retail business, claiming that they
use it in their business operation.
Held: Esso is not entitled to tax exemption since it was
found out that the pump parts were not actuallu used
in its business but are being leased to dealers which
Esso was tied up to. For tax exemption to be availed,
there must be actual use of that part in business
operation. Mere presumption of tax exemption is not
favoured.
Martinez v. CA
Martinez was charged with libel as a result of the
alleged derogatory imputations against then VicePresident Laurel in his article. After the DOJ Secretary
issued an opinion that said article was not libellous, the
prosecutor was directed to cause the dismissal of the
information filed. Laurel appealed. Martinez moved to
dismiss the appeal on the ground that no appeal lies
from the dismissal of a criminal case.
Held: Petition is denied since the procedural recourse
of Laurel was correct. The order of dismissal was a final
order, hence nothing more could be done in tbe lower
court. What as e ui ed as the t ial judge’s o
judgment and not that of the opinion of the DOJ
secretary. The dismissal order, being a violation of the
p i ate o plai a t’s ight to due p o ess, is
erroneous and the Court may remand the case to the
trial court.
5. Exceptions and provisions
General rule: All doubts should be resolved in
favor of the general provision rather than the
exception
- Exceptions should be strictly but reasonably
construed, and extends only so far as their
language fairly warrants
- Provisos should be strictly construed since the
legislature sets forth in the general
enactment its policy and only those exempted
150
Alliance of Government Workers v. Minister of Labor and
Employment
151
4. Statutes concerning the sovereign
- Restrictive statutes which impose burdens on
the public treasury or which diminish the
Id.
152
Sec. 3 Art. XVI (Const). The State may not be sued without its
consent.
153
Compana General de Tabacos de Filipinas v. Government
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
by the proviso should be freed from the
operation of the statute
Statutes liberally construed
1. General social legislation
2. Grant of power to local governments
a. General welfare clause
b. Statutes granting taxing power to
local government
3. Statutes prescribing prescriptive period to
collect taxes
4. Statutes imposing penalties for
nonpayment of taxes
5. Election laws
6. Amnesty proclamations
7. Statutes prescribing prescriptions of
crimes
8. Adoption statutes
9. Veteran and pension laws
10. Rules of Court
11. Other statutes
a. Curative statutes
b. Redemption law
c. Warehouse receipt laws
d. Probation law
e. Statutes granting powers to an
agency created by the Constitution
cirrhosis is not an occupational disease. If it were so, it
should have been a disease in the lungs, not in the
liver. The Employees Compensation Commissione
affirmed the decision.
Held: Although not listed in Annex A enumerating the
occupational disease, liver cirrhosis may result from
inhalation of chemicals as a result of gas fumes and
heat. This was his state of work as a welder, and
inhalation of small amounts, if prolonged would result
to this disease. But even so, the doubt should be
resolved in favour of the working man.
GSIS v. CA
The surviving spouse of Senior Superintendent Jaime
Liwanag filed for claim of death benefit. He died of
Hepatits B. After being denied by the GSIS, she filed
with the CA a petition where she used as evidence
several PNP reports about the death of her husband.
The CA ruled in her favour.
Held: Because Hepatitis B was not on the list of
occupational diseases, the burden of proof lies with
private respondent. Hence, she should have
substantiated her claim and not solely rely on the
s eepi g appo ts f o the PNP ased o a la a ’s
report and not on medical findings. Although general
welfare legislations are construed in favour of the
worker, this holds true only when there is doubt and
ambiguity. The law was clear that causal relation must
be backed up by substantial evidence.
1. General social legislation
- These are statutes enacted to implement the
social justice and protection-to-labor
provisions of the Constitution, and are
construed liberally
- The doubt should be resolved in favour of the
persons whom the law intended to benefit
- For it is only by liberal construction that the
constitutional mandate may be realized
Limitation: Holds true only when there is doubt or
ambiguity in the law and not when it is clear and
free from doubt.
Sun Life Insurance v. CA
Felix Lim had a personal accident insurance policy from
petitioner. Two months after the issuance of the
policy, he died by gunshot. Suicide was ruled out after
the testimony of his secretary that after pointing the
gun at her, he pointed it at his temple after removing
the magazine to assure her that there was no bullet.
His wife sued Sun Life and asked to pay her the face
value of the policy since the latter claimed that there
was no accident.
Held: As the secretary testified, Lim did not wilfully
place his life at risk. Although Lim was negligent, it
should not prevent his wife from recovering the
insurance policy he obtained. The firing of gun was the
additional, unexpected, independent and unforeseen
occurrence that led to his death. Insurance contracts
as a rule should be construed in favour of the insured.
Santos v. ECC
Petitio e ’s hus a d, ho o ked as elde fo the
Philippine Navy, died of liver cirrhosis. She then filed a
with the GSIS a claim for death benefit, pursuant to PD
626. The GSIS denied the claim reasoning out that liver
Guerrero v. CA
Spouses Guerrero allowed Apolinario rake care of their
cows and to do chores and harvest in the plantation
owned by them. As such, he shared 1/3 from the
proceeds of copra he processed and sold to the
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
market. Twice he was refrained from harvesting by the
Guerreros under threat that his house shall be
destroyed. He was ordered reinstated as tenant by the
CA.
Held: The Agricultural Tenancy Act and the Land
Reform Act did not repeal the Code of Agrarian
Reform. Even if the shared tenancy scheme has been
phased out, it did not intend to make a reversion from
tenants to hired labourers with no tenurial rights. The
sharing of harvests taken together with other factors
ha a te isti of a te a t st e gthe s Be itez’s laim.
2. Grant of power to local governments
- The trend is from a limited self-government
to full autonomy.154
a. General welfare clauses
- Has two branches:
o The first branch relates to the
municipal authority to create
ordinances and regulations as
may be necessary to carry into
effect the powers and duties
conferred upon the local
legislative bodies by law
o The second branch authorizes
such ordinances necessary to
provide for the general welfare
(healthy, safety, peace and order,
promote prosperity and improve
the morals)
- Construed liberally in favour of the
local governments because the
general welfare clauses are elastic
and must be responsive to various
social conditions
b. Statutes granting taxing power to local
governments155
- The local governments are now
empowered to create their own
sources of revenues, hence, statutes
limiting the taxing power of local
154
Sec. 25 Art. II (Const). The State shall ensure the autonomy of
local governments.
155
Sec. 5 Art. X (Const). Each local government unit shall have the
power to create its own sources of revenues and to levy taxes, fees
and charges subject to such guidelines and limitations as the
Congress may provide, consistent with the basic policy of local
autonomy. Such taxes, fees, and charges shall accrue exclusively to
the local governments.
governments should be construed
strictly against the National
Governments and liberally in favour
of them
3. Statutes prescribing prescriptive period to
collect taxes
- These are beneficial both to the government
and to the taxpayer, since:
o Tax officers would be obliged to act
promptly in making assessments
o Citizens would have a feeling of security
against tax agents who takes advantage
and harass taxpayers
- Liberally construed in a way conducive to
bring out the beneficial purpose of affording
protection to taxpayers156
4. Statutes imposing penalties for non-payment
of taxes
- Liberally construed in favour of the
government and strictly interpreted against
the taxpayer
- This is to hasten payments of taxes and
punish evasions. If condoned, government
services will suffer
- If possible, it should be interpreted to avoid
tax evasions
5. Election laws
- Reasonable and liberally construed to achieve
the purpose- to safeguard the will of the
electorate in choosing their representatives
- It has three parts:
o Provisions for the conduct of elections
which election officials are required to
follow are mandatory before the elections
and directory after elections. These are
liberally construed so as not to vitiate the
election.
o Provisions which candidates for office are
required to comply are mandatory and
failure to comply is fatal
o Provisions designed to determine the will
of the electorate are liberally construed,
156
Republic v. Ablaza
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
technical and procedural barriers should
not be allowed to stand if they constitute
an obstacle in the choice of elective
officials157
6. Amnesty proclamations
- Liberally construed in favour of the persons
within the amnesty grant to encourage the
return to the fold of law those who have
veered away from it
- The same goes with pardon since the two are
synonymous
7. Statutes prescribing prescription of crimes
- Is in the nature of amnesty and should be
liberally construed in favour of the accused
- Its existence is a recognition and notification
by the legislature of the fact that time
assigned to it destroys proofs of guilt
8. Adoption statutes
- Liberally construed in favour of the child
adopted
- This is in consonance in the concept that
adoption statutes, being humane and
salutary, hold the interest and welfare of the
child to be of paramount consideration158
9. Veterans and pension laws
- Liberally construed in favour of the persons
intended to be benefited
- Veterans laws are expression of gratitude to
and recognition of those who rendered
service to the country by extending monetary
benefits159
- Pension and retirement laws intend to
provide for sustenance and comfort, when
the former employee has no longer the
stamina to continue earning his livelihood
after devoting the best years of his life to
public service160
157
Ginete v. Arcange
158
Malkano v. Agrava
159
Board of Administrators v. Philippine Veterans Bank
160
Santiago v. COA
10. Rules of Court
Liberally construed because of being
procedural in nature.
- It should not be interpreted to sacrifice
substantial rights of the litigant at the altar of
technicalities to the consequent impairment
of the principles of justice.161
-
Arcilla v. Arcilla
In the annulment of sale, the petitioners did not attend
the pre-trial and filed after the prescribed period. As a
result, the trial court continued with the litigation and
allowed the presentation of evidence without notice to
the other party.
Held: Alhtough the Rules of Court are procedural, it
should not be ignored, belittled or dismissed. They are
required to be followed except for the most persuasive
reasons.
11. Other statutes
a. Curative statutes
- Enacted to cure defects in a prior law
or to validate legal proceedings which
would otherwise be void for want of
conformity with certain legal
requirements.
- Intended to supply defects. Abridge
superfluities and curb certain evils,
and are retroactive
b. Redemptive laws
- Liberally construed to allow the
debtor to have his property appliquéd
to pa as a de to ’s lia ilities as
possible
- The doubt should resolve in favour of
exemption from execution or
attachment
c. Warehouse receipt laws
- Given liberal construction in favour of
the holder of such receipts because
they play an important role in modern
commerce
d. Probation law
161
Cabunilas v. CA
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
-
Liberally construed by extending the
benefits to any one not specifically
disqualified162
- This is because of the goal of the
probation to give first-hand
offenders a second chance to
maintain his place in society
e. Statutes granting power to an agency
created by the Constitution
162
Santos To v. Pano
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
3. This indicates the legislative intent to
make the statute mandatory and can
rarely be directory167
4. Statutes using permissive words (may) or
words importing permissiveness are
generally directory.168
5. Ma as a au ilia e sho s
opportunity or possibility, it implies a
possible existence of something169
MANDATORY AND DIRECTORY STATUTES
Mandatory statutes
Positive- Commands that something be done,
or performed in a particular way
Negative- Prohibition; that something be not
done, leaving the person concerned no choice
on the matter except to obey163
- acts executed against the
provisions of mandatory or prohibitory laws
shall be void164
Directory statutes
1. permissive or discretionary in nature and
merely outlines the act to be done in such a
way that no injury can result from ignoring it
or that its purpose can be accomplished in a
manner other than that prescribed and will
have substantially the same result
2. statute which merely operates to confer
discretion upon a person, namely, to act
according to the dictates of his own judgment
and conscience, and not controlled by the
judgment and conscience of others
How to determine
I. Language used
II. Departure from the language
I.
Language used
General rules:
1. Statutes using words of commands (shall,
must, ought, should) or prohibition
(cannot, shall not, ought not) connotes
compulsion and are regarded as
mandatory and imperative165
2. Negative words or those in form of an
affirmative proposition qualified by the
o d o l ha e the fo e of
exclusionary negation166
163
Brehn v. Republic
164
Buyco v. PNB
165
Id at 145
166
Valdez v. Tuason
Republic v. Toledano and Spouses Clouse
Private respondents, who were American citizens,
wanted to adopt the minor Alcala. The lower court
granted their request, but the Office of the SolicitorGeneral filed a petition claiming that the spouses
Clouse are disqualified from adopting because of their
citizenship.
Held: Art. 184(3) of the Family Code clearly barred
aliens from adopting he it said the follo i g
pe so s a ot adopt. As for Alvin Clouse, he is not
a former Filipino citizen and the minor is neither his
relative or legitimate child. It may be argued that
Evelyn Alcala is qualified by being a former Filipino
citizen who wished to adopt her younger brother
Joseph. But, Art. 185 (FC) orders a mandatory joint
adoption for spouses. As such, adoption cannot be
granted since her husband has disqualifications. But,
they may still adopt the minor according to the rules
on inter-country adoption.
Bunye v. Escareal
Several officials of Muntinlupa were issued a
preventive suspension by the Sandiganbayan. This is in
connection with the alleged forcible taking of the New
Alabang Public Market. Defendants claimed that
Muntinlupa Government has a 25-year lease contract
with them, and their own cooperative introduced
improvements.
Held: Sec. 13 of the RA 3019 clearly provided that
public officials charged shall be suspended from office.
Even if there would be massive vacancies in several
offices in Muntinlupa, a preventive suspension must
still be issued.
II. Departure from the language
167
McGee v. Republic
168
Stanley v. Miller
169
Legazpi v. Estrella
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
There is no universal rule to distinguish
mandatory from directory statutes. Neither is
there an absolute test for determining whether a
statute is to be considered mandatory or
directory. Hence, shall a e o st ued as
a a d i e e sa. To determine the
construction, the legislative intent must be
ascertained from all surrounding circumstance:
1.
2.
3.
4.
5.
Entire statute
Object
Purpose
Legislative history
Consequences
Directory if...
a. No substantial rights depend on it
b. No injury can result from ignoring it
c. The purpose of the legislature can be
accomplished in a manner other than that
prescribed and substantially the same
results obtained
d. Where the directions of the statute are
given merely with a view to the proper,
orderly, and prompt conduct of business
e. Compliance with the statute is a matter of
convenience rather than substance
Mandatory if... 170
a. The doing of an act is required by justice or
public duty
b. It vests a public body or officer with power
and authority to take such action which
concerns the public interests or rights of
individuals
c. If it will cause hardship or injustice on the
part of the public
d. If it will lead to absurd, impossible or
mischievous consequences
e. Non-compliance with what is required will
result in the nullity of the act
Berces, Sr. v. Guingona, Jr.
Petitioner filed two administrative cases against the
mayor of Tiwi, Albay; of which the latter was
170
Diokno v. Rehabilitation Finance Corp.
convicted. The mayor appealed to the Office of the
P eside t a d p a ed fo sta of e e utio o de .
The OP issued a stay for execution.
Held: Since implied repeals are not favoured,
construction should be to harmonize the laws. The
ph ase i “e . 8 LGC , an appeal shall not prevent a
decision fro
e o i g fi al o e e uto , is held to
be discretionary. The OP issued the order so as not to
prejudice the public because suspension would disrupt
the service of the mayor.
Mandatory statutes
1. Conferring power
2. Granting benefits
3. Prescribing jurisdictional requirements
a. Prescribing time to take action or to
appeal
b. Prescribing procedural requirements
4. Election laws on conduct of election
5. Election laws on qualifications and
disqualifications
6. Prescribing qualifications for office
7. Assessment of taxes
8. Public auction sale
1. Statutes conferring power
- Confer upon a public body or officer power to
performs acts which concern the public
interests or rights of individuals
- The power is given not for the benefit of the
public officer but for third persons to meet
the demands of rights and to prevent a failure
of justice
2. Statutes granting benefits
- Requires certain steps to be taken or certain
conditions to be met before persons
concerned can avail of the benefits conferred
by law
- Failure of persons to take the required steps
or to meet the conditions will prevent him
from availing of this benefits
Maxim: vigilantibus et non dormientibus jura
subveniunt (law aids the vigilant, and not those
who slumber on their rights)
potior est in tempore, potior est in jure
(he who is first in time is preferred in right)
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
San Carlos Milling Co. v. Commissioner of Internal
Revenue
SCMC, by virtue of Sec. 86 of the Tax Code, wanted to
have its overpaid tax in 1983 be credited against its
1984 tax dues. The Commissoner of Internal Revenue
denied its request and merely treated it as an ordinary
claim for refund/tax credit subject to further
investigation.
Held: The o d a i said p o isio should ot e
construed as to give the taxpayer an absolute right to
arbitrarily avail it. It does not mean automatic and
immediate tax credit, since this would strip off the
government of its power to control taxation. There
should still be an investigation by the CIR to verify the
amount.
3. Statutes prescribing jurisdictional
requirements
- Requirements by which courts or tribunals
acquire jurisdiction to hear and decide cases
must be strictly complied with (e.g.
publication before a court hear a petition for
land registration, written claim of refund to
Commissioner of Internal Revenues before
actions for refund)
a. Statutes prescribing time to take action
or to appeal
- If a decision is adverse to a litigant, it
absolutely indispensable to take
action or appeal at the prescribed
time in a the prescribed manner
- This is to prevent needless delays and
for the orderly and speedy discharge
of business
- Failure to do this will leave the
appellate court without jurisdiction
Maxim: reipublicae ut sit finis litium (public
interest requires an end to a legal
controversy)
b. Statutes prescribing procedural
requirements
- Every act which is jurisdictional, or is
an essence of the proceeding, or for
the protection or benefit of the party
affected
Esam Gandi was apprehended in the airport and
detained for possession of Marijuana. After posting
bail, he filed a motion for reinvestigation claiming that
he was arrested without a warrant. This petition was
denied since he filed it beyond the 5-day reglementary
period. CA ruled that said period is discretionary only.
Held: Rule 112 Sec. 7 is mandatory. He may only
exercise his right to reinvestigation during the 5-day
reglementary period. The reason behind is to make the
process of preliminary investigation speedy. Besides,
his posting of bail means a waiver to a preliminary
investigation.
Llenares v. Valdeavella and Zoreta
Llenares filed an action of ejectment claiming that she
owned 12 parcels of land after acquiring from a
she iff’s sale u de a it of e e utio . The lo e ourt
ruled in favour of the defendants since there was
insufficiency in the levy of land or in notice of sale.
Held: With the admission that the attempted levy was
not made in accordance with the Rules of Civil
Procedure, the petition has no merit. Proper levy and
notice of sale are indispensable to a valid sale on
execution.
4. Election laws on conduct of election
General rule: All provisions governing the conduct
of elections and prescribing steps for the election
officials are mandatory before the elections. If
sought to enforce after election day, they
become directory only if this will deprive
innocent voters, without fault on their part, of
their votes
Reason: These steps were adopted to assist the
voters in their participation in the affairs of the
government and not to defeat that object. When
voters have honestly cast their ballots, the same
should not be nullified simply because the officers
have failed to do their duty. To make these
mandatory would nullify the votes affected.
Interested people will just be tempted and
conspire to create irregularities that will result to
the vitiation of the election.
5. Election laws on qualification and
disqualification
- Laws prescribing the time limit to file
certificates of candidacy and qualifications
and disqualifications to elective office
People v. CA
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
-
If a candidate failed to comply with said
requirements, he is disqualified to run, even if
he received the highest number of votes.171
Said votes will be considered void and will not
be counted.
6. Statutes prescribing qualifications for office
- Eligibility to hold office is a continuing
requirements and must exist not only from
the beginning of the term but also during the
occupancy of the office
- A person not qualified at the time he assumed
office, or if he loses such qualification during
his incumbency will be ousted from office.172
7. Statutes relating to assessment of taxes
- Assessment of taxes, intended to ensure the
security of citizens, the equality of taxation,
the certainty as to the nature and amount of
ea h othe ’s tax, are mandatory
- But those designed for the methodical and
systematic modes of proceedings are merely
directory
Test: If the law is to protect citizens and to
prevent sacrifice of their property, it is mandatory
8. Statutes concerning public auction sale
- Prescribed steps in public auction of
properties are to be followed strictly
Reason: In derogation of the property rights and
due process
-
So long as these do not limit their power
(jurisdiction) or render its exercise in
disregard of the requisitions ineffectual
- That is why statutes jurisdictional in nature
are mandatory, because it limits the power of
the officer and render their actions invalid
(compare this to statutes prescribing
jurisdictional requirements under mandatory
statutes)
Exception: If accompanied by negative words (i.e.
no, shall not, never, etc.)
2. Statutes prescribing manner of jurisdictional
action
- These are the steps in judicial action followed
by judges in the exercise of their functions
- The purpose is to provide an orderly conduct
of public business.
- But, the procedure is only secondary in
importance to substantive rights, and nonobservance of the former should not be
permitted to affect the latter.
3. Statutes requiring renditions of decision within
the prescribed period173
- A judgment made after the prescribed date of
promulgation is not rendered invalid. But the
officer who failed to comply with the law may
be dealt with administratively, as
consequence of his delay.174
- Failure of judges to comply merely deprives
them not of their jurisdiction but their right to
collect their salaries175
Directory statutes
1. Prescribing guidance for officer
2. Prescribing manner of judicial action
3. Rendition of decision within prescribed
period
1. Statutes prescribing guidance for officers
- Intended to guide public officers in the
conduct of business
173
Sec. 15(1) Art. VIII (Const). All cases or matters filed after the
effectivity of this Constitution must be decided or resolved within
twenty-four months from 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. See also Sec. 7. Art. IX(A). Each Commission shall decide by a
majority vote of all its Members, any case or matter brought before
it within sixty days from the date of its submission for decision or
resolution.
171
Gafor v. COMELEC
174
Philippine Association of Free Labor Unions v. Secretary of Labor
172
Aguila v. Genato
175
Dimson v. Elepano
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
PROSPECTIVE AND RETROACTIVE STATUTES
Prospective statutes
- Operates upon facts or transactions that
occur after the statute takes effect
- One that looks and applies to the future176
- I di ated the o ds he eafte ,
the eafte , f o a d afte the passi g of
this A t, shall ha e ee
ade, f o a d
afte , shall.
Retroactive statutes
- Takes away or impairs vested rights acquired
under existing laws, creates new obligation,
imposes a new duty or attaches a new
disability in respect to transactions already
past
- But a statute is not made retroactive because
it draws on antecedent facts for its operation
or part of the requirements for its application
is drawn from a time antedating its passage177
- The constitution does not prohibit the
enactment of a retroactive statute which does
not impair obligations of contract or divest
rights that have become vested
nova constitutio futuris formam imponere
debet non praeteritis (a new statute should affect
the future, not the past)
Prospective statutes
1.
2.
3.
4.
5.
6.
Penal statutes
Ex post facto
Bill of attainder
Statutes substantive in nature
Statutes affecting vested rights
Statutes affecting obligations of
contract
7. Repealing and amendatory acts
Retroactive statutes
1.
2.
3.
4.
5.
Procedural
Curative
Police power legislations
Statutes relating to prescription
Statutes relating to appeals
General rule: Statutes are to be construed as
having only a prospective operation178
Exception: The intendment if the legislature is to
give them retroactive effect is expressly declared
or implied from the language used
Presumption: All laws operate prospectively. And
in case of doubt, it shall be resolved against the
retroactive operations of law.
Reason: Law is a rule to guide actions with no
binding effect until it is enacted.
Maxims: lex prospicit, non respicit (the law looks
forward, not backward)
lex de future, judex de praeterito (law
provides for the future, the judge for the past)
176
Laceste v. Santos
177
Camacho v. Court of Industrial Relation
178
Art. 4 (CC). Laws shall have no retroactive effect, unless the
contrary is provided.
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
2. No vested rights impaired
3. Procedural laws are applicable to actions
pending and undetermined at the time of
passage
AMENDMENT, REVISION,
CODIFICATION AND REPEAL
*The legislature has the authority to amend,
subject to constitutional requirements, any
existing law.
Amendment
- change or modification, by addition, deletion,
or alteration of a statute
- effected by the enactment of an amendatory
act or modifying or altering some provisions
of the statute
o Express- an amendatory act that specific
provisions of a statute are amended as
recited therein
o Implied- a part of a prior statute
embracing the same subject as the later
act may not be enforced without
nullifying the pertinent provision of the
latter. The prior act is deemed amended
to the extent of the repugnancy.
General rule: Implied amendment is never
presumed nor favoured. Every statute should be
harmonized with other laws on the same
subject.179
Exception: A clear inconsistency and
irreconcilable repugnancy between statutes.180
Effectivity
- Amended takes effect 15 days following the
publication in the Official Gazette or a
newspaper of general circulation181
- An amended is a part of the original act that is
already in force and effect, hence, it becomes
effective as part of the amended law at the
time the amendatory act takes effect
General rule: Amended act operates prospectively
Exceptions:
1. If the legislature clearly intended its
retroactive effect
Effects
Presumption: The legislature would not have
amended it had it not wanted to change its
meaning
- Meaning of law changes because an amended
act should be given a different construction
from that of the original.
- As if the original statute has been repealed
and a new and independent act in the
amended form had been adopted
- As if the statute has been originally enacted in
its amended form
- The provisions of the original act not affected
by the amendment remain in force, while
those omitted are deemed repealed182
- Jurisdiction of a court is determined by the
law in force at the time the action is
instituted. And once the court has acquired
jurisdiction, that will remain with it until the
case is decided.183
o If a statute amends a prior act with the
effect of divesting the court of
jurisdiction, it may not be construed as to
oust jurisdiction that may have already
attached under prior law. This would be a
subversion of the judicial process.184
o This rule also applies to quasi-judicial
bodies.185
- An invalid law does not exist. If a prior statute
which has been amended is declared invalid,
nothing has been amended. If the
amendatory act is complete by itself, it will be
considered as an original or independent
act.186 If the amendatory act is declared
182
Parras v. Land Registration Commission
183
Rillaroza v. Arciaga
179
Estrada v. Caeda
184
Government v. Gale
180
Garcia Valdez v. Tuason
185
Erectors, Inc. v. NLRC
181
Art. 2 (CC), as amended by EO 200
186
People v. Lim
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
invalid, it would be as if the amendment did
not exist; the prior act remains unaffected
and in force.187
Revision and Codification
- The purpose is to restate the existing laws
into one statute, simplify complicated
provisions, and make laws on the subject
easily found
- It is a continuation of the existing statutes
Presumption: The author has maintained a
consistent philosophy or position. The code is
enacted as a single, comprehensive statute, and is
to be considered as such and not as series of
disconnected articles or provisions.
In cases of irreconcilable conflict
1. Interpretation which is best in accord
with the general plan
2. Later in physical position, being the latest
expression of legislative will
3. What is omitted is deemed repealed
because the codification is intended to be
a complete enactment on the subject. But
this is limited only if revision or
codification is intended to be a complete
enactment on the subject, expression of
the whole law, or if it revises the whole
subject matter of the former statute188
4. A change in phraseology does not
automatically result to change in
construction of the old laws, neither an
alteration nor omission or addition of
words in the later statute shall be held to
alter the construction of the former acts.
This is because in codifications,
condensation is a necessity; general ideas
will be expressed in brief phrases.
Mecano v. COA
Petitioner was hospitalized for cholecystitis. He filed
for refund or reimbursement of the hospital expenses
he incurred. COA denied his request since the
Administrative Code of 1987 repealed the RAC, and the
same section from which Mecano based his action has
not been reproduced.
187
188
Held: The later code did not cover not attempted to
cover the entire subject matter. There are several
matters treated in the old Code that are not found in
the new one. The fact that a later law may relate to the
same subject matter is insufficient to cause an implied
repeal since it may just be cumulative of the prior
legislation.
Repeal
- The power to enact a law necessarily includes
the power to repeal it for the legislature
cannot enact an irrepealable laws to limit the
future legislative acts
- Only the legislature can repeal laws. The
Supreme Court can only promulgate rules of
procedure and cannot exercise such power to
alter, change or repeal substantive laws
- Every legislative body may modify or abolish
the acts passed by itself or its predecessor
and may be exercised at the same session
which the original act was passed, and even
where the bill is in its progress and before it
becomes a law
Total repeal is rendered revoked completely,
while a partial repeal leaves the unaffected
portions of the statute in force.
A declaration in a statute that a particular and
specific law (identified by its number and title) is
repealed is an express repeal. All other repeals
are implied repeals.
A law is repealed only by the enactment if
subsequent laws. Violations, non-observance,
disuse, customs and practices on the contrary do
not render a prior law repealed.
Repeal by implication
- Where a statute of a later date clearly reveals
an intention on the part of the legislature to
abrogate a prior act
- This intention must be clear and manifest
- Categories:
o Two acts on the same subject and have
the same object are in an irreconcilable
conflict, the later act to the extent of the
Government v. Agoncillo
Mecano v. COA
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
conflict constitutes an implied repeal of
the former
o The later act covers the whole subject of
the earlier one and is intended as a
substitute
Basis: A cardinal rule in science of jurisprudence
that two inconsistent laws on the same subject
cannot co-exist in one jurisdiction189
Maxim: leges posteriors priores contrarias
abrogant (the later statute repeals prior ones
which are repugnant to it)
-
But implied repeals are not favoured since the
presumption is against inconsistency or
repugnancy
Presumption: The legislature knows the existing
laws in the subject and could not have enacted
inconsistent or conflicting statutes.
Exception: There is an irreconcilable repugnancy
Iloilo Palay and Corn Planters Association v. Feliciano
Respondent Manager of the Rice and Corn
Administration urged the president to import rice.
Petitioners alleged that RA 3452 prohibited the
importation of rice by the government, only private
parties may do so. The government responded and
said that RA 2207 allowed the President to import rice
should there be shortage or national emergency.
Held: RA 2207 covers three periods, and only prohibits
importation when there is sufficiency of rice supply
and normalcy of times. Ra 3452 covers only the first
and second situation (i.e. shortage is not enough to
constitute a national emergency). Hence, the two laws
can be harmonized. Ban on importation disappears
when the country is confronted of rice shortage.
People v. Santayana
Santayana was designated as a special agent of the CIS
and was issued a firearm. He was apprehended in Plaza
Miranda and was charged for illegal possession of
firearms since he had no permit to carry. CFI Manila
tried and convicted him. It was alleged that the CFI
Manila had no jurisdiction and the Municipal Court
should have tried him.
Held: The two provisions may be harmonized by
holding that the CFI Manila and the Municipal Court
have concurrent jurisdiction since the penalty that may
be imposed both fall under the said courts. Aside from
this, the Macarandang ruling was still prevailing at the
189
time of his apprehension. The Mapa doctrine were it
did not exempt special agents from permit to carry
weapons were promulgated during the pendency of
“a ta a a’s ase.
C&C Commercial v. NAWASA
RA 912 mandates that Filipino corporations should be
prioritized. NAWASA awarded the bid to a foreign
company in constructing water pipes in several
provinces. NAWASA argues that it was not under the
te
go e
e t e ui ed to p io itize Filipi o
companies in projects as provided in RA 912.
Held: CA 138 and RA 912 are statutes in pari material
and be construed together. The former included
purchases by government-owned companies (like
NAWASA), while the later only talked about
construction or repair work done by the government.
Primicias v. Municipality of Urdaneta
Primicias was apprehended and charged for violation
of a local ordinance prohibiting overtaking.
Held: The ordinance is invalid since RA 4136 explicitly
repealed Act 3922. The ordinance violated several
requirements of RA 4136, specifically the clearness,
definiteness and certainty of the prohibitions. No
distinctions has been made between the vehicles
covered, the thouroughfares, required under Sec. 38.
RA 4136 specifically mentioned that no ordinances
may be passed specifying maximum allowable speed
other than those provided in it.
-
Hence, a general law does not repeal a special
one. The special shall be considered as an
extension to the general law. But, there is
always a partial repeal where the later act is a
special law.
Presumption: The legislature considers and makes
provisions for all circumstances of the particular
case
Exception: Where the words used in a general law
is so broad and so clear and explicit as to show
the intention to cover the whole subject
Villegas v. Subido
After the retirement of the Asst. City Treasurer, Civil
Service Commissioner Subido authorized Jose Gloria to
assume the position. Mayor Villegas ordered Gloria to
refrain from exercising his duties since the
appointment power is lodged with him under the
Decentralization Act. During the pendency of the case,
Garcia Valdez v. Tuason
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
the President nominated Gloria and was duly
confirmed.
Held: The City Charter of Manil gave the President the
power to appoint the Asst. City Treasurer. The Revised
Administrative Code (RAC) only allowed appointment
of employees by local officials, and not officers. The
Charter is considered as an exception to the general
rule found in the RAC.
CEPALCO v. Commissioner of Internal Revenue
Petitioner was granted a franchise in 1961 to maintain
an electric light, heat and power system in Cagayan de
Oro. It was successively amended to include other
municipalities. Later, the Local Tax Code was enacted
empowering local government units to impose new
taxes. CEPALCO refused to pay the additional tax to the
province of Misamis Oriental claiming that its franchise
expressly provided that it would only pay 3% from its
gross earnings.
Held: The Local Tax Code is more general in scope and
application, while the franchise grant to CEPALCO is
specific.
1. Implied repeal by revision or codification
- Legislative intent is shown by
enactment of a statute revising or
codifying the former laws on the
whole subject matter
- Legislative declaration that whatever
is embraced in the new statute shall
prevail and whatever is excluded shall
be discarded
2. Repeal by re-enactment
- A re-enacted statute of the whole
subject matter, if complete and
comprehensive is regarded as the
whole law on the subject.
- When a specific section of a prior act
by providing that it should be read as
follows, then quote the amended
provisions, what is not included in the
re-enactment is deemed repealed
3. Other forms of repeal
- The most powerful is that which
arises when the later law is expressed
in the form of a universal negative,
since a negative statute repeals all
conflicting provisions
-
Where it enacts something in general
terms and afterwards it passes
another on the same subject, which
though expressed in affirmative
language introduces special condition
or restrictions
Effects of repeal
1. Renders inoperative as of the date the
repealing act takes effect. It is a
declaration that the repealed statute is
invalid from the date of enactment
2. But it does not undo the consequences of
the operation of the statute while in
force, unless directly expressed by the
language or necessary implications. It
cannot render illegal what was legal
before
3. Cannot oust jurisdiction from a court, nor
render its decision void
4. Defeats all actions and proceedings still
pending which arose from the repealed
statute since an appellate court will
dispose of a question according to the law
prevailing at the time of rendition of the
appealed judgment
5. Does not destroy or impair vested rights
under the statute prior its repeal. Rights
accrued and vested while a statute is in
force survives repeal
6. It will not affect the terms of contract
entered into by parties on the basis of the
repealed law. And will apply even if one
of the contracting parties is the
government.190
7. It does not preclude collection of taxes
under the repealed law
8. But will deprive the court of its
jurisdiction if a penal law is repealed since
the act is not anymore considered
criminal
9. Repeal of a municipal charter destroys all
offices under it, and puts an end to the
functions of an incumbent, except those
saved by the charter
190
Insular Government v. Frank
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
10. Simultaneous repeal and re-enactment
does not affect the rights and liabilities
accrued under the original statute since
the re-enactment simply neutralizes the
repeal
11. A law which expressly repeals a prior law
is repealed, the first law shall not be
revived unless expressly stated
Tac-an v. CA
Tac-an caused the Acopiado brothers to thumb mark a
deed of quit claim as payment for his services as
lawyer. The brothers later dismissed his services since
their relatives did not want to give the land as
payment. One of the brothers sold his share of land,
hence, Tac-an filed an action to annul the sale. He
asked the governor to sign the deed. It was signed but
was later withdrawn for deceit and false
representation on his part.
Held: The signature/approval of the Governor is
needed since the brothers were non-Christians and
Subanons. The Administrative Code of Mindanao and
Sulu was still in force at that time and was not
repealed.
Distinctions to expiration of law
- Unlike in expiration of law, absolute repeal
obliterates the crime and erases the stigma of
conviction.
JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.