STATUTORY REVIEWER

CONSTRUCTION SITUS OF CONSTRUCTION AND INTERPRETATION In our system of government: Legislative power is vested in the Congress of the Philippines the Senate and the House of the Representatives makes the law Executive power is vested in the President of th e Republic of thePhilippines (Art. VII, Sec.1, Phil. Const.) executes the law Judicial power is vested in one Supreme Court and in such lower courts as may be established by law. (Art VIII, Sec. 1, Phil. Const.) interprets the law DUTY OF THE COURTS TO CONSTRUE AND INTERPRET THE LAW; REQUISITES: 1. There must be an actual case or controversy. 2. There is ambiguity in the law involved in the controversy.

CLASSIFICATION OF THE DIFFERENT KINDS OF INTERPRETATION: 1. Close interpretation Generally known as literal interpretation. 2. Extensive interpretation also called as liberal interpretation more comprehensive signification of the words. 3. Extravagant interpretation substitutes a meaning not genuine interpretation. 4. Free or unrestricted interpretation general principles of interpretation in good faith, not bound by any specific or superior principle. 5. Limited or restricted interpretation - influenced by other principles than the strictly hermeneutic ones 6. Predestined interpretation takes place when the interpreter, laboring under a strong bias of mind, makes the text subservient to his preconceived views and desires. Most common subjects of construction interpretation are the constitution statutes which include ordinances. But we also add resolutions, executive orders department circulars and and may and

STATUTORY CONSTRUCTION the art or process of discovering and expounding 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. Justice Martin defines statutory construction as the art of seeking the intention of the legislature in enacting a statute and applying it to a given state of facts CASE: Caltex (Philippines), Inc. vs. Palomar Caltex Philippines proposed lottery contest fall short of the provisions of the Postal Law. As provided in its contest rules, there is no monetary consideration or a need to buy any product from Caltex to be able to join in the lottery, which is not an element of lottery as administratively and adversely dealt with in Postal Law DISTINCTION BETWEEN CONSTRUCTION & INTERPRETATION Construction is the drawing of conclusions with respect to subjects that are beyond the direct expression of the text. Interpretation is the process of discovering the true meaning of the language used. Interpretation is limited to exploring the written text.

LEGISLATIVE PROCEDURES 1

How a bill becomes a law A statute starts with a bill. BILL is the draft of a proposed law from the time of its introduction in a legislative body through all the various stages in both houses. It is enacted into law by a vote of the legislative body. ACT is the appropriate term for it after it has been acted on and passed by the legislature. It then becomes a STATUTE, the written will of the legislature solemnly expressed according to the form necessary to constitute it a s the law of the state. STATUTE LAW is a term often used i nterchangeably with the wordstatute. Statute Law, however, is broader in meaning since it includes not only statute but also the judicial interpretation and application of the enactment. STEPS: 1. First Reading- A bill is read in the plenary and given a number and referred to appropriate committee.(001 HB/SB) 2. A committee conducts hearing and prepares a report on it. The committee may propose a technical working group to resolve disagreements or incorporate revisions. 3. A committee report is prepared (only) when the committee decides to recommend the approval of the bill. It is read again at the plenary and the report contains substitute bill. 4. The committee on rules schedules the bill for second reading. The committee

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on rules organizes the legislative priorities of Congress. Once a bill is scheduled for Second Reading, sponsorship, speeches, debates and/or amendments takes place at plenary hall. The body may approve, reject or refer the bill back to the committee. Third reading- Final passage of the bill if it has no counterpart the approved bill is submitted to Senate of the Philippines or House of Representative. If there are differences in the versions approved by the Senate or the house, a bi-cameral conference committee (bicam) is organized to harmonize the bill. A bill is finally enacted when: a. the president signs the bill b. the president fails to sign or veto the bill within 30 days. c. Or a veto is overturned by 2/3 votes in Congress.

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from the proper legislative authority. Be enacted is the usual formula used to start this clause. Body- the main and operative part of the statute containing its substantive and even procedural provision. Provisos and exception may also be found. Repealing Clause announces the prior statutes or specific provisions which have been abrogated by reason of the new law. Saving clause restrictions in a repealing act, which is intended to save rights, pending proceedings, penalties, etc. from annihilation which would result from an unrestricted repeal. Separability clause provides that in the event that one or more provisions are declared invalid or unconstitutional, the remaining provisions shall still be in force. Effectivity clause announces the effective date of the law.

Parts of STATUTE: TPEBRSSE 1. Title-heading, furnishing the name in which the act individually known. It is usually prefixed to the statute for brief summary of its contents. 2. Preamble- part of the statute explaining the reasons for its enactment and the object sought to be accomplished. It usually starts with whereas 3. Enacting clause- part which declares the enactment and serves to identify it as an act of legislation proceeding

KINDS OF (GSLPPRCPPRAM)

STATUTES

AS TO SCOPE OF APPLICATION: GSL 1. General Law- affects the community at large. That which affects all the people of the state or all of a particular class. 2. Special Law designed for a particular purpose, or limited in range or confined to a prescribed field of action n operation. 3. Local law related or operates over particular locality 2

AS TO INTERESTED PARTY (PuPr) 4. Public Law general classification of law consisting generally of: a. Constitutional b. Administrative c. Criminal d. And international law Concerned with a. the organization of the state, b. the relations between the state and the people who compose it c. the responsibilities of public officers, of the state and to private persons d. the relations of state to one another Public Law may be general, local or special law. 5. Private Law defines, regulates, enforces and administers relationship among individuals, associations and corporations. AS TO PURPOSE (RC) 6. Remedial Statute providing means or method whereby causes of action may be affectuated, wrong redressed and relief obtained. 7. Curative Statute a form of retrospective legislation which reaches back in the past to operate upon past events, acts or transactions in order to correct errors, irregularities and to render valid and effective many attempted acts which would otherwise be ineffective for the purpose intended. 8. Penal Statute defines criminal offences, specify corresponding fines and punishment. AS TO EFFECT (in time) 9. Prospective law applicable only to cases which shall rise after its enactment.

10. Retrospective Law- looks backward or contemplates on the past; one which is made to affect acts or facts occurring or rights occurring before it came into force. As to COERCIEVE FORCE APPLIED 11. Affirmative Statute- directs the doing of an act, or declares what shall be done in contrast to a NEGATIVE STATUTE which one that prohibits the things from being done, or declares what shall not be done 12. Mandatory Statutes. Generic term describing statutes which require and not merely permit a course of action Vague Statutes are *Repugnant to the Constitution 1. Violate due process for failure to accord persons fair notice of conduct to avoid 2. Leaves enforcers *unbridled discretions * repugnant- repulsive *unbridled uncontrolled REPEALS OF STATUTE 1. Express repeal abrogation or annulling of a previously existing law by the enactment of subsequent statutes which declare that the former law shall be revoked or abrogated 2. Implied repeal when a latter statute contains provisions so contrary to irreconcilable with those of the earlier law that only one or two statutes can stand in force Two Categories Implcation: of Repeal by

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Where provision in the two acts on the same subject matter are in irreconcilable conflict; 2. If the latter act covers the whole subject of the earlier one and is clearly intended as a substitute- to be complete and perfect system I itself. The repeal of PENAL Law deprives the court of jurisdiction to punish persons charged with violation of the OLD PENAL Law prior to its repeal. .Article 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse or custom or practice to the contrary. BASIC GUIDELINES IN THE CONSTRUCTION AND INTERPRETATION OF LAWS LEGISLATIVE INTENTascertains the meaning and intention of the legislature. It is determined principally from the language of the statute. VERBA LEGIS (letter of the law)if the language of the law is plain and free from ambiguity and express a single, definite and sensible meaning, that meaning is conclusively presumed to be the meaning which the legislature intended to convey A CARDINAL RULE IN STATUTORY CONSTRUCTION is that legislative intent must be 3

ascertained from consideration of the statute as a whole and not merely of a particular provision o A word or phrase might easily convey a meaning which is different from the one actually intended. SPIRIT and PURPOSE of the LAW o When the reason of the law ceases, the law ceases itself o DOCTRINE OF NECESSARY IMPLICATIONS, what is implied in a statute is as much a part thereof as that what is expressed. CASUS OMISUS- when a statute makes SPECIFIC PROVISIONS in regards to several enumerated cases or objects but OMITS TO MAKE ANY PROVISION for a case or object which is analogous to those enumerated, or which stands upon the same reason, and is therefore within the general scope of the statute, and it appears as such case or object was omitted by inadvertence or because it is overlooked or unforeseen. o Rule of Casus Omissus: Casus omissus pro omisso habendus est-can operate and apply only when the omissions has been clearly established. STARE DECISIS- follow past precedents and do not disturb what has been settled. (stare decisis et non quieta movere) matters already

decided on the merits CANNOT be relitigated again and again Construction and Interpretation of Words and Phrases When the law does not distinguish court should not distinguish- words or phrases of a statute should be accorded their natural and general significance. o When the law does not make any exception, courts may not except something COMPELLING REASONS EXIST TO JUSTIFY. GENERAL TERMS- are to receive a general construction unless restrained by the context or plain inferences from the scope and purpose of the act SPECIAL TERMS may sometimes be expanded to a general signification by the consideration that the reason of the law is general EJUSDEM GENERIS (and all others, any others, of the same kind) a tool of statutory construction when the legislative intent is uncertain, o Where general words follow an enumeration of persons or things by words or particular and specific meaning, such general words are not to be construed in its widest extent, but are to be held as applying only to persons or things of the same general class as those specifically mentioned.

EXPRESS MENTION AND IMPLIED EXCLUSION (expressio unius est exclusion alterius)- the express mention of a person, thing or consequence is tantamount to express an exclusion of all others. o Except when: There is manifest of injustice No reason for exception ASSOCIATED WORDS (noscitur sociis)- where a particular word is equally susceptible of various meanings, its correct construction may be made specific by considering the company of terms which is found or with which it is associated. o Aisporna vs CA- wife of an insurance agent was prosecuted for having sold insurance without registering as an agent o Using this doctrine, the court ruled that an insurance agent is one who sells insurance in return for compensation and it was not proved that Aisporna received a compensation for the insurance she allegedly sold. ( her defense was that as her husbands clerk, she only renewed the insurance because her husband was out at the that time) Use of negative words and phrases regarded as mandatory while those affirmative are mere directory. SHALLemphasizes mandatory character and means imperative, 4

operating to impose a duty which may be enforced. MAY- generally connotes permissible thing and operates to confer discretion. MUST- not always imperative and may be consistent with an exercise discretion AND- conjunction connecting words or phrases expressing the idea that the latter is to be added or taken along with the first OR- disjunctive particle used to express as alternative or to give a choice of one or among things. It is also used to clarify what has a;ready been said and in sucha cases in other words, :to wit or that is to say PROVISO (provide) - is a clause or part of a clause in the statutes which is either to expect something from the enacting clause or to qualify or restrain its generality or to exclude some possible ground of misinterpretation of its extent. PRESUMPTIONS Against UNCONSTITUTIONALITY laws are presumed CONSTITUTIONAL. To justify nullification of law, there must be clear and unequivocal breach of constitution. It is concluded that a law is supposed to have been carefully studied and determined to be constitutional before it was finally enacted. o ALL laws are presumed to be VALID and CONSTITUTIONAL until or unless otherwise ruled by the Court.

Against INJUSTICE-that interpretation and application of laws must always in regards to its cause and consequence. Against INEFFECTIVENESS legislature intended to enact an effective statute Against ABSURDITY- undesirable consequence were never intended by a legislative measure.

Against VIOLATION of INTERNATIONAL LAW- Art. 2 Sec. 2 - The Philippines

renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

Contemporaneous construction by executive officers Actual proceedings of the legislative body Individual statements made by members of congress and the author of the law other sources such as o reports and recommendations of legislative committees o public policy o judicial construction o construction by the bar LITERAL CONSTRUCTION Case: Kapisanan ng Mangagawa ng Manila Railroad Company vs. Manila Railroad Company The contention of the appellant that there is a provision in RA 2023, the loans granted by credit union to its members enjoy first priority in the payroll collection from the respondent's employees' wages and salaries. SC affirms the decision of the lower court, the applicable provision of Republic Act No. 2023 quoted earlier, speaks for itself. There is no ambiguity. As thus worded, it was so applied. EXECUTIVE CONSTRUCTION Case: PAFLU vs Bureau of Labor Relations the case in contention is about the judgment of BLR regarding the result of the election for the labor union 5

INTRINSIC AIDS

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EXTRINSIC

INTRINSIC AIDS- is internal or within the statute. It is resorted only if there is ambiguity, and must go back to parts of the statute title, preamble, context or body, chapter and section headings, punctuation and interpretation. EXTRINSIC AIDS- is resorted to when the meaning is not found within the statute. History of the enactment Opinions and rulings of the officials of the Govt. called upon to execute or implement administrative laws

to be regarded as sole and exclusive bargaining agent of Philippine Blooming Fields Mills Co. Inc. NAFLU and PAFLU participated where the latter won the election. PAFLU earned 424 against 429 of NAFLU in the seventeen spoiled ballots counted ten belongs to the losing union. Thus, SC agrees with the discretion of BLR Director, Chief Justice Castro, "the construction placed by the office charged with implementing and enforcing the provisions of a Code should he given controlling weight. SUBJECT OF CONSTRUCTION: Perfecto vs. Meer Contention over the taxing of the salary of the late Judge Perfecto as provided in Article VIII, section 9, that the members of the Supreme Court and all judges of inferior courts "shall receive such compensation as may be fixed by law, which shall not be diminished during their continuance in office." It also provides that "until Congress shall provide otherwise, the Chief Justice of the Supreme Court shall receive an annual compensation of sixteen thousand pesos". The prohibition is general, contains no excepting words, and appears to be directed against all diminution, whether for one purpose or another; and the reason for its adoption, as publicly assigned at the time and commonly accepted ever since, make with impelling force for the conclusion that the fathers of the Constitution intended to prohibit diminution by taxation as

well as otherwise, that they regarded the independence of the judges as of far greater importance than any revenue that could come from taxing their salaries. Aglipay vs. Ruiz Mons. Greorio Aglipay seeks to prohibit the Director of Post from issuing and selling postage stamps commemorative of the 33rd International Eucharistic Congress, in his contention that the action of the respondent is violative of the provisions of section 23, subsection 3, Article VI, of the Constitution of the Philippines, which provides as follows: No public money or property shall ever be appropriated, applied, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, secretarian, institution, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces or to any penal institution, orphanage, or leprosarium. In the case at bar, it appears that the respondent Director of Posts issued the postage stamps in question under the provisions of Act No. 4052 of the Philippine Legislature. This Act is as follows: No. 4052. AN ACT APPROPRIATING THE SUM OF SIXTY THOUSAND PESOS AND MAKING THE SAME AVAILABLE OUT OF ANY FUNDS IN THE INSULAR TREASURY NOT OTHERWISE APPROPRIATED FOR

THE COST OF PLATES AND PRINTING OF POSTAGE STAMPS WITH NEW DESIGNS, AND FOR OTHER PURPOSES. This contemplates no religious purpose in view. What it gives the Director of Posts is the discretionary power to determine when the issuance of special postage stamps would be "advantageous to the Government The ruling discusses the PREAMBLE of the Constitution used as an intrinsic aid in the construction and interpretation of the case at hand.