CHAPTER 1: PRELIMINARY CONSIDERATIONS
STATUTORY CONSTRUCTION
Defined as the art or process of discovering the meaning and intention of the authors
of the law with respect to its application to a given case, where that intention is
rendered doubtful, among others, by reason of the fact that the given case is not
explicitly provided for in the law (Caltex v. Palomar)
The art of seeking the intention of the legislature in enacting a statue and applying it
to a given state of facts (Justice Martin)
That branch of law dealing with the interpretation of laws enacted by a legislature
(American Jurisprudence)
INTERPRETATION
Art or process of discovering and expounding on the intended signification of the
language used, that is, the meaning which the authors of the law designed it to
convey to others (Black)
CONSTRUCTION
INTERPRETATION
Drawing of conclusions with respect to
subjects that are beyond the direct
expression of the text from the elements
known and given in the text
Process of discovering the true meaning of
the language used
Seeks the assistance of extrinsic aids in
order to determine whether a given case
falls within a statute
Endeavors to ascertain the meaning of a
word found in a statute and is limited to
exploring the written text
SITUS OF CONSTRUCTION AND INTERPRETATION
Purpose of construction and interpretation: ascertain and give effect to the legislative
intent. It further hints to what branch of government does construction and
interpretation of written laws belong.
In our system of government, the legislative power is vested in the Congress (makes
the law); the executive is vested in the President (enacts the law); and the judicial
power is vested in one Supreme Court and in such lower courts as may be
established by law (interprets the law).
The situs of construction and interpretation of written laws belong to the judicial
department.
o Under the principle of checks and balances, courts may declare legislative
measures or executive acts unconstitutional.
JUDICIAL POWER
Includes the duty of the courts to settle actual controversies involving rights which
are legally demandable and enforceable, and 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.
TWO (2) REQUISITES IN CONSTRUING AND INTERPRETING A LAW:
1. There must be an actual case or controversy
o A case brought to the court by party litigants to hear and settle their disputes
2. There is ambiguity in the law involved in the controversy.
o The law involved is susceptible of two or more interpretations
o Ambiguity – when there is doubtfulness, doubleness of meaning, duplicity,
indistinctiveness, or uncertainty of meaning of an expression used in a written
instrument. It exists if reasonable persons can find different meanings in a
statute, document, etc.
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A 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
o Patent Ambiguity – that which appears on the face of the instrument and
arises from the defective, vague, obscure, or insensible language used.
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The first and fundamental duty of the Courts is to apply the law. When the law is clear
and unequivocal, the Court has no other alternative but to apply and not to interpret
(Verba Legis or Plain Meaning Rule).
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Stated differently, the Court cannot shy away from applying the law when no interpretation
is needed no matter how harsh the law may be (Dura Lex Sed Lex).
o The duty of the Courts is to apply the law disregarding their feeling of sympathy or
pity for the accused.
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No process of interpretation or construction need be resorted to where a provision of law
peremptorily calls for application. Equity and equitable principles only come into full play
when a gap exists in the law and jurisprudence.
DIFFERENT KINDS OF CONSTRUCTION AND INTERPRETATION
o Hermeneutics – science or art of construction and interpretation
o Legal Hermeneutics – systematic body of rules which are recognized as applicable
to the construction and interpretation of legal writings
o Dr. Lieber’s Classifications:
1. Close Interpretation – literal interpretation; adopted if just reasons connected
with the character and formation of the text induce as to take the words in their
narrowest meaning
2. Extensive Interpretation – liberal interpretation; adopts a more comprehensive
signification of the words
3. Extravagant Interpretation – substitutes a meaning evidently beyond the true
one; not a genuine interpretation
4. Free or Unrestricted Interpretation – proceeds simply on the general
principles of interpretation in good faith
5. Limited or Restricted Interpretation – when we are influenced by other
principles than the strictly hermeneutic ones
6. Predestined interpretation – takes place if the interpreter, laboring under a
strong bias of mind, makes the text subservient to his preconceived views and
desires
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Our laws are interpreted either literally, strictly or liberally, and prospectively or
retrospectively.
Most common subjects of construction and interpretation: Constitution, statutes which
include ordinances, resolutions, executive orders, and department circulars
under the present system) certifies in writing as to the necessity of the immediate
enactment of the bill to meet a public calamity or emergency.
CHAPTER 2: STATUTES
h.
The bill is then calendared for the third and final reading. At this stage, no amendment
shall be allowed. Only the title of the bill is read and the National Assembly will then vote
on the bill. The yeas or nays are entered in the journal. It appears that only a majority of
the members present constituting a quorum is sufficient to pass the bill.
LEGISLATIVE PROCEDURES
“The legislative power shall be vested in the Congress of the Philippines which consist
of a Senate and a House of Representatives.” – authority to make, alter, & repeal laws.
Bill → Act → Statute
o Bill – draft of a proposed law from the time of its introduction in a legislative body
through all the various stages in both houses
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Draft – form of a proposed law before it is enacted into law by vote of the
legislative body
o Act – term after a bill has been acted on and passed by the legislature
o Statute – written will of the legislature solemnly expressed according to the form
necessary to constitute it as a law of the state
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Statute law – broader since it includes the statute, its judicial interpretation, and
the application of its enactment
Note: Quorum is a sufficient number of members of National Assembly or Congress to
transact its daily business. Usually, it is 51% of the number of the body or 50% + 1
depending on their internal rules.
Note: If the NO vote wins, the proposed bill is dead.
At this stage lies the difference between the parliamentary system enshrined in the 1973
Constitution and the present 1987 Constitution. Under our present set-up, after the third
and final reading at one House where the bill originated, it will go to the other House
where it will undergo the same process, meaning another three readings on separate
days. Moreover, if there is a variance in the proposed bill by the House of Representatives
and the Senate version of the bill, it may pass through the powerful bicameral conference
committee which can introduce amendments to suit both houses of Congress. This is also
known as the compromise bill.
HOW DOES A BILL BECOME A LAW – STEPS
Let us take the passage of a bill in a parliamentary system (unicameral assembly):
a.
A member of the National Assembly may introduce the proposed bill to the Secretary of
the National Assembly who will calendar the same for the first reading. Of course, the
proponent must affix his signature in the proposed bill stating his purpose.
b.
In the first reading, the bill is read by its number and title only.
c.
After the first reading, the bill is referred by the Speaker to the appropriate committee for
study. At this stage, the appropriate committee will conduct public hearings. It must call
all necessary parties, persons, organizations, or sectors of societies involved to obtain
their reactions and feelings on the proposed bill.
Note: There can also be a simultaneous parallel discussion of a bill by both houses of
congress, which usually happens on urgent legislative measure.
Note: At this stage, the original bill conceived by the original author may no longer be his
proposed bill
i.
After the bill has been finally passed, it will be submitted to the Prime Minister (President)
for his approval. If he approves the same, he shall sign it, otherwise, he shall veto it and
return the same with his objections to the National Assembly (House where it originated)
and, if approved by two-thirds of all its members, shall become a law.
Then after the public hearing, the committee shall decide on whether or not to report the
bill favorably or whether a substitute bill should be considered.
Under the present set-up, the house where the bill originated can proceed to reconsider
the vetoed bill. After such reconsideration, if two-thirds of all the members of the house
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 it is approved by two-thirds of all the
members of that House, it shall become a law. In all such cases, all the votes of each
House shall be determined by yeas and nays and the names of the members voting for
or against shall be entered in its journal.
Note: Should there be an unfavorable report of the committee, then the proposed bill is
dead.
d.
Upon favorable action by the appropriate committee, the bill is returned to the National
Assembly and shall be calendared for the second reading.
e.
In the second reading, the bill is read in its entirety.
f.
Immediately after the second reading, the bill is set for open debates where members of
the assembly may propose amendments and insertions to the proposed bill.
Note: After the amendments and insertions to the proposed bill, the ideal bill conceived
by the author may no longer be an ideal bill or vice versa, i.e., it may become a better bill
after deliberations and debates which should be the proper case.
g.
After the approval of the bill in its second reading and at least three (3) calendar days
before its final passage, the bill is printed in its final form and copies thereof distributed to
each of the members of the National Assembly, unless the Prime Minister (President
Every bill passed by Congress shall be acted upon by the President within thirty (30) days
from receipt thereof. Otherwise, it shall become a law as if he had signed it. In other
words, there can be no presidential inaction or pocket veto under our Constitution.
CONSTITUTIONAL TEST IN THE PASSAGE OF A BILL
Insofar as the mechanical procedure in the passage of a bill is concerned, there are
three (3) very important constitutional requirements.
I.
One Title-One Subject Rule
Every bill passed by Congress shall embrace only one subject which shall be
expressed in the title thereof. The purposes of this constitutional requirement are:
(1) To prevent hodgepodge or log-rolling legislation;
(2) To prevent surprise or fraud upon the legislature; and
(3) To fairly apprise the people, through such publications of legislative
proceedings as is usually made, of the subjects of legislation that are being
considered, in order that they may have the opportunity of being heard
thereon by petition or otherwise, if they shall so desire.
II.
Three Reading and No Amendment Rules
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
each member three days before its passage except when the President certifies to the
necessity of its immediate enactment to meet a public calamity or emergency. Upon
the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon
shall be taken immediately thereafter, and the yeas and nays entered in the journal.
The rule is designed to prevent hasty and improvident legislation and afford the
legislators time to study and deliberate the measures.
Note: The “no amendment rule” refers only to the procedure to be followed by each
house of Congress with regard to bills initiated in each of said respective houses, before
said bill is transmitted to the other house for its concurrence and amendment.
III. Executive Approval and Veto Power
Every bill passed by 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.
The President shall communicate his veto of the bill to the house where it originated
within thirty (30) days after the date of receipt thereof; otherwise, it shall become a law
as if he had signed it.
This requirement is mandatory and can be considered as part of the checks and
balances principle.
PARTS OF STATUTE
1. Title – heading on the preliminary part, usually prefixed to the statute in the form of a
brief summary of its contents; “An Act…”
2. Preamble – part which explains the reasons and the objects sought to be
accomplished for its enactment; “whereas”
o Declaration by the legislature of the reasons for the passage of the statute
3. Enacting Clause – part which declares its enactment and serves to identify it as an
act of legislation proceeding from the proper legislative authority; “be it enacted”
4. Body – main and operative part of the statute containing its substantive and even
procedural provisions
5. Repealing Clause – announces the prior statues or specifies provisions which have
been abrogated by reason of the enactment of the new law
6.
7.
8.
Saving Clause – restriction in a repealing act, which is intended to save rights, pending
proceedings, penalties, etc. that would result from the annihilation from an unrestricted
repeal
Separability Clause – provides that in the event that one or more provisions are
declared void or unconstitutional, the remaining provisions shall still be in force
Effectivity Clause – part which announces the effective date of the law
KINDS OF STATUTES
1. General Law – affects the community at large; of a general nature
2. Special Law – designed for a particular purpose, or limited in range, or confined to a
prescribed field of action on operation
3. Local Law – relates or operates over a particular locality instead of a whole territory
4. Public Law – general classification of law; may be general, local, or special
5. Private Law – defines, regulates, enforces, and administers relationships among
individuals, associations, and corporations
6. Remedial Statute – provides means or method whereby causes of action may be
effectuated, wrongs redressed, or relief obtained
7. Curative Statute – form of retrospective legislation; corrects errors & irregularities
8. Penal Statute – defines criminal offenses, specifies corresp. fines and punishments
9. Retrospective Law – applicable only to cases which shall arise after its enactment
10. Affirmative Statute – in affirmative or mandatory terms; directs the doing of an act
11. Mandatory Statutes – statutes which require a course of action; “shall”
o Mandatory – its omission renders the related proceedings void;
o Directory – its observance is not necessary to the validity of the proceedings;
relates to form and manner; the act is incidental or acquired after jurisdiction
JUDICIAL DOCTRINE
The judicial interpretation of a statute, which constitutes part of the law as of the date
it was originally passed since the Court’s construction, merely establishes the
contemporaneous legislative intent that the interpreted law carried into effect. Such
judicial doctrine does not amount to the passage of a new law but consists merely of a
construction or interpretation of a pre-existing one.
CONCEPT OF VAGUE STATES
As a rule, a statute or act is said to be vague when it lacks comprehensible standards
that men “of common intelligence must necessarily guess at its meaning and differ
as to its application.”
It is repugnant to the Constitution in two respects:
(1) It violates due process for failure to accord persons, especially the parties
targeted by it, fair notice of conduct to avoid; and
(2) It leaves law enforcers unbridled discretion in carrying out its provisions and
becomes an arbitrary flexing of the Government muscle.
The “vagueness doctrine” merely requires a reasonable degree of certainty for the
statute to be upheld.
REPEALS OF STATUTES
1. Express Repeal – is the abrogation or annulling of a previously existing law by the
enactment of a subsequent statute which declares that the former law shall be revoked
and abrogated
2. Implied Repeal – happens when a later statute contains provisions so contrary to or
irreconcilable with those of the earlier law that only one of the two statutes can stand
in force
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o
o
o
Two Categories of Implied Repeal:
1. Irreconcilable Conflict or Inconsistency – Two statues on the same
subject matter are so clearly inconsistent and incompatible with each
other that they cannot be reconciled or harmonized
2. Substitute – The later act covers the whole subject of the earlier one
and is clearly intended as a substitute
The repeal of a penal law deprives the courts of the jurisdiction to punish persons charged
with a violation of the old penal law prior to its repeal.
Only a law can repeal another law. Article 7 of the Civil Code provides:
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Article 7. Laws are repealed only by subsequent ones and their violation or nonobservance shall not be excused by disuse, or custom, or practice to the contrary.
Before there can be a repeal, there must be clear showing on the part of the lawmaker
that the intent in enacting the new law was to abrogate the old one.
ORDINANCE
Ordinance – an act passed by the local legislative body in the exercise of its lawmaking authority.
LGC of 1991: S. Brgy, S. Bayan, S. Panlungsod, S. Panlalawigan – These local
legislative bodies have the authority to approve ordinances and pass resolutions for
effective and efficient local governance.
TEST OF VALID ORDINANCE
An ordinance must conform to the following substantive requirements:
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. Be general and consistent with public policy; and
6. Not be unreasonable.
In case of conflict between an ordinance and a statute, the ordinance must give way.
CHAPTER 3: BASIC GUIDELINES IN THE CONSTRUCTION
AND INTERPRETATION OF LAWS
LEGISLATIVE INTENT
The object of all interpretation and construction of statutes is to ascertain the meaning
and intention of the legislature, to the end that the same may be enforced.
Legislative intent for construction purposes refers to the objective footprints left on the
trail of legislative enactment; is determined principally from the language of the statute.
1.
VERBA LEGIS
Plain meaning rule
If the statute is clear, plain, and free from ambiguity, it must be given its literal
meaning and applied without interpretation.
The primary rule in addressing any problem relating to the understanding or
interpretation of a law is to examine the law itself to see what it plainly says.
2.
STATUTES AS A WHOLE
Ut magis valeat quam pereat – that construction is to be sought which gives effect
to the whole of the statute – its every word
Legislative intent must be ascertained from the statute as a whole and not merely
of a particular provision
Words are not always used accurately by the legislature. The thought conveyed
by the statute in its entirety may reveal the inaccurate use.
3.
SPIRIT AND PURPOSE OF THE LAW
Between two statutory interpretations, that which better serves the purpose of
the law should prevail
When the meaning of a statute according to the exact and literal import of its
words would lead to absurd or mischievous consequences, or would thwart or
contravene the manifest purpose of the legislature in its enactment, it should be
construed according to its spirit and reason
Ube lex non distinguit nec nos distinguere debemos – where the law does not
distinguish, the courts should also not distinguish
Cessante ratione legis, cessat ipsa lex – when the reason of the law ceases, the
law itself ceases
Ratio legis est anima – the reason of the law is its soul
4.
IMPLICATIONS
If the intent is expressed, there is nothing that can be implied. Nothing further is
needed to reveal the legislative intent.
Doctrine of Necessary Implications – what is implied in the statute is as much
a part thereof as that which is expressed
Expressio unitus est exclusion alterius – the legislature would not have made a
specific enumeration in a statute had not the intention been to restrict its meaning
5.
CASUS OMISSUS
Casus omissus pro omisso habendus est – a person, object or thing omitted from
an enumeration must be held to have been omitted intentionally
It can operate and apply only if and when the omission has been clearly
established
REASON WHY AN ORDINANCE SHOULD NOT CONTRAVENE A STATUTE
Because municipal governments are only agents of the national government. Local
councils exercise only delegated legislative powers conferred on them by Congress as
the national law-making body. The delegate cannot be superior to the principal or
express powers higher than those of the latter.
ROLE OF FOREIGN JURISPRUDENCE
Not per se controlling in the Philippines, the laws of which must necessarily be
construed in accordance with the intention of its own lawmakers and such intent may
be deduced from the language and the context of other local legislation related thereof
Doctrine of Processual Presumption – where foreign law is not pleaded, or even if
pleaded, is not proved, the presumption is that foreign law is the same as ours.
o Should not be applied when its application would work undeniable injustice to
the citizens or residents of the forum.
6.
STARE DECISIS
Stare decisis et non quieta movere – Follow past precedents and do not disturb
what has been settled
Adherence to judicial precedence and not to unsettle things which are
established
Matters already decided on the merits cannot be relitigated again and again
Promotes stability in the law
CHAPTER 4: CONSTRUCTION AND INTERPRETATION OF WORDS & PHRASES
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Legislative intent can be ascertained from the language of the statute itself
When the language of the statute is clear and unambiguous, it must be applied literally
1.
WHEN THE LAW DOES NOT DISTINGUISH, COURTS SHOULD NOT DISTINGUISH
Ube lex non distinguit nec nos distinguere debemos
General words and phrases of a statute should ordinarily be accorded their
natural and general significance
If the law makes no distinction, neither should the Court
When the law does not make any exception, courts may not except something,
unless compelling reasons exist to justify it.
2.
GENERAL AND SPECIFIC TERMS
General Terms – are to receive a general construction; may be restrained and
limited by specific terms or provisions with which they are associated
o The rule is applicable only to cases wherein, except for one general term,
the items in an enumeration belong to or fall under one specific class
Specific Terms – may sometimes be expanded to a general signification by the
consideration that the reason of the law is general
3.
GENERAL TERMS FOLLOWING SPECIFIC TERMS
Ejusdem generis – where general words follow an enumeration of persons or
things, by words of a particular, and specific meaning, such general words are not
to be construed in their widest extent, but are to be held as applying only to
persons or things of the same kind or class as those specifically mentioned
4.
EXPRESS MENTION AND IMPLIED EXCLUSION
Expressio unitus est exclusion alterius – the expression mention of one person,
thing, or consequence is tantamount to an express exclusion of all others
Anything that is not included in the enumeration is excluded therefrom and a
meaning that does not appear nor is intended or reflected in the very language of
the statute cannot be placed therein
5.
ASSOCIATED WORDS
Noscitur a sociis – Where a particular word is equally susceptible of various
meanings, its correct construction may be made specific by considering the
company of terms in which it is found or with which it is associated