1 STATUTORY CONSTRUCTION REVIEWER FR. FERRER CHAPTER 1IN GENERAL A.

Law, in its jural and generic sense, refers to the whole body or system of law.(a)In its jural and concrete sense, law means a rule of conduct formulated and made obligatory bylegitimate power of the state.(b)Includes:(1)statues enacted by the legislature(2)presidential decree(3)executive ordersNote: 2 and 3 are made by the president in the exercise of his legislative power.(4)other presidential issuance in the exercise of his ordinance power(5)rulings of the Supreme Court(6)rules and regulation promulgated by administrative or executive officers pursuant to adelegated power(7)ordinances passed by LGU B.Statute is an act of legislature as an organized body, expressed in the form, passed according to theprocedure, required to constitute it as part of the law of the land.1.Laws which has the same category and binding force are: presidential decrees issued during Martiallaw and executive orders issued under the Freedom Constitution.2.Types of statutes:(a)passed by the Philippine Legislature(1)Philippine Commission(2)Philippine Legislature(3)Batasang Pambasna(4)Congress of the Philippines(b)Made by the president(1)Presidential decrees (1973 constitution)(2)Executive orders (Freedom Constitution)3.Other types of Statues(a)Public Statute: which affects the public at large or the whole community; classifications:(1)general- which applies to the whole state and operates throughout the state alike upon allthe people or all of a class;(2)special- which relates to a particular persons or things of a class or to a particularcommunity, individual or thing;(3)local- whose operation is confined to a specific place or locality(b)Private Statute: applies only to a specific person or subject4.Types according to Duration:(a)permanent statute: whose operation is not limited in duration but continues until repealed;(b)temporary statute: whose duration is for a limited period of time fixed in the statute itself orwhose life ceases upon the happening of an event.5. In respect to their application:(a)prospective(b)retroactive.6.Operation:(a) declaratory,(b)curative,(c)mandatory,(d)directory,(e)su bstantive,(f)remedial, and(g)penal.7.Form:(a)affirmative(b)negative C.Manner of referring to statutes1.Public Acts:(a)Philippine Commission and Philippine Legislature 1901-1935(b)Commonwealth Acts: enacted during the Commonwealth 1936-1946 (c)Republic Acts: passed by Congress of the Philippines 1946-1972 and from 1987Note: Statutes may be referred to by its serial number, or its title. II. ENACTMENT OF STATUTES A.Legislative power is the power to make, alter, and repeals laws.1.Under the 1973 and freedom constitution, the president exercised legislative power which remainedvalid until repealed.2.LGU can enact ordinances within their own jurisdiction, but such laws are inferior and subordinate tothe laws of the state. (Primicias v. Municipality of Urdaneta).3.Administrative or executive officer can make rules and regulations to implement specific laws. B.Essential feature of the legislative function is the determination of the legislative policy and its formulationand promulgation as a defined and binding rule of conduct C.A bill is a proposed legislative measure introduced by a member of Congress for enactment into law. D.Passage of a bill:1.A bill shall embrace only one subject which shall be expressed in the title thereof. It shall be signedby its author and filed with the Secretary of the House.2.A bill may originate in the lower or upper house except appropriation, revenue or tariff bills, billsauthorizing increase of public debt, bills of local appl ication, private bills, which shall originateexclusively in the House of Representatives.3.A bill is approved by either house after it has gone three readings on separate days except when thePresident certifies to the necessity of its immediate enactment.4.Steps:(a)The Secretary reports for the first reading, which consists of reading the number and title of thebill, followed by its referral to the appropriate Committee for study and recommendation.(b)Second Reading: the bill shall be read in full with the amendments proposed by the Committee, if any, unless copies thereof are distributed and such reading is dispensed with. After theamendments, the bill will be voted on second reading.(c)Third reading: the bill approved on second reading will be submitted for final vote by yeas andnays. No amendments may be introduced.(d)The bill approved on the third reading by one house is transmitted to the other house forconcurrence, which will follow the same procedures as a bill originally filed with it.(e)If the other house introduces amendments and the House from which it originated does not agreewith said amendments, the differences will be settled by the Conference Committee of bothchambers, whose report or

2 recommendation thereon will have to be approved by both Houses inorder that it will be considered passed by Congress and thereafter sent to the President foraction.(f)If the President shall veto it, and if after such consideration, 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 otherHouse by which it shall likewise be reconsidered, and if approved by two-thirds of all theMembers of that House, it shall become a law. E.A bill passed by Congress becomes a law in either of three ways:1.When the President signs it2.When the President does not sign nor communicate his veto of the bill within thirty days after hisreceipt thereof 3.When the vetoed bill is repassed by Congress by two-thirds vote of all its members, voting separately. F.Procedure for enactment of appropriations and revenue bills is same with ordinary bills, but it may onlycome from the lower house. Appropriations bill are subject to the restrictions or qualifications as providedin the Constitution [Art VI, Sec. 25] and [Art. VI Sec. 27 (2)] G.The lawmaking process in Congress ends when the bill is approved by the body. Approval is indispensableto the validity of the bill. H.The system of authentication devised is the signing by the Speaker and the Senate President of theprinted copy of the approved bill, to signify to the President that the bill being presented to him has beenduly approved by the legislature and is ready for his approval or rejection. I.The Constitution requires that each House shall keep a journal [Art. VI Sec. 16(4)]. The Journal isregarded as conclusive with respect to matters that are required by the Constitution to be recordedtherein. With respect to other matters, in the absence of evidence to the contrary, the Journals have alsobeen accorded conclusive effect. Considerations of public policy led to the adoption of the rule givingverity (truth) and unimpeachability to legislative records. Imperative reasons of public policy require thatthe authenticity of laws should rest upon public memorials of the most permanent character. That therights acquired today upon the faith of what has been declared to be law shall not be destroyed tomorrow,or at some remote period of time, by facts resting only in the memory of individuals. J.Enrolled Bill: Under the enrolled bill doctrine, the text of the act as passed and approved is deemedimporting absolute veracity and is binding on the courts. It is conclusive not only of its provisions but alsoof its due enactment.If there has been any mistake in the printing of the bill before it was certified by the officer of the assembly andapproved by the chief executive, the remedy is by amendment by enacting a curative legislation, not by judicialdecree (Casco Phil. Chemical Co., Inc. v. Gimenez)Where there is discrepancy between the journal and the enrolled bill, the latter as a rule prevails over the former,particularly with respect to matters not expressly required to be entered in the journal. K.The legislative journals and the enrolled bill are both conclusive upon the courts. However, where there isdiscrepancy, the enrolled bill as a rule prevails, particularly with respect to matters not expressly requiredto be entered into the legislative journal. L.WITHDRAWAL OF AUTHENTICATION, EFFECT OFThe Speaker and the Senate President may withdraw their signatures from the signed bill where there is seriousand substantial discrepancy between the text of the bill as deliberated and shown by the journal and that of theenrolled bill. It thus, renders the bill without attestat ion and nullifies its status as an enrolled bill.The court can declare that the bill has not been duly enacted and did not accordingly become a law (Astorga v.Villegas). III.PARTS OF STATUTES A.Title: every bill passed shall embrace only one subject which shall be expressed in the title. This provisionscontains dual limitations upon the legislature:1.The legislature is to refrain from conglomeration, under one statute, of heterogeneous subjects.2.The title of the bill is to be couched in a language sufficient to notify the legislators and the public andthose concerned of the import of the single subject thereof.3.Purpose of one titleone subject rule:(a)To prevent hodge-podge or logrolling legislation(b)To prevent surprise or fraud upon legislature, by means of provisions in bills of which the titlegave no information, and which might therefore be overlooked and carelessly and unintentionallyadopted(c)To fairly apprise the people through such publication of legislative proceedings as is usuallymade, of the subjects of the legislation that are being heard thereon4.These requirements should be liberally construed (People v. Buenviaje). It should not be given atechnical interpretation, nor narrowly construed as to cripple or impede the power of legislation(Tobias v. Abalos). (Cordero vs. Cabatuando)5.Title of the statute is used as a guide in ascertaining legislative intent when the language of the actdoes not clearly express its purpose.6.When

3 there is doubt as to whether the title sufficiently expresses the subject matter of the statute,the question should be resolved against the doubt and in favor of the constitutionality of the statute(Insular Lumber vs. Court of Tax Appeals)Note: There is sufficient compliance with the one-title-subject requirement(a)if the title be comprehensive enough to reasonably include the general object which a statuteseeks to effect, without each and every end and means necessary or convenient foraccomplishing the subject.(b)if all parts of the law are related and germane to the subject matter expressed in the title.(c)If the title indicates in broad or clear terms, the nature, scope, and consequences of the law andits operations.(d)The tile should not be catalogue or index of the bill (People v. Ferrer).7.Titles ending with and for other purposes expresses nothing as a compliance with the constitutionalrequirement.8.WHEN REQUIREMENT NOT APPLICABLEIt does not apply to laws in force existing at the time the 1935 Constitution took effect (People v.Valensoy), nor to municipal or city ordinances because they do not partake of the nature of laws passed by thelegislature.9.Effect pf insufficiency of title(a)A statue whose title does not conform to the one title-subject or is not related to its subject isnull and void.(b)If subject matter of statute is not sufficiently expressed in its title, only the unexpressed subjectmatter is void leaving the rest in force B.Enacting Clause: part of the statute written immediately after the title thereof which states the authorityby which the act is enacted C.Preamble: prefatory statement or explanation or a finding of facts, reciting the purpose, reason, oroccasion for making the law to which it is prefixed. Laws passed by legislature seldom contain thepreamble because the statement embodying the purpose, reason, etc is contained in the explanatorynote. Presidential decrees and Executive Orders generally have preambles. D.Purview or body of a statute: part which tells what the law is all about.Note: A complex and comprehensive piece of legislation usually contains: a short title, a policy section, definitionsection, administrative section, sections prescribing standards or conduct, section imposing sanctions for violationof its provisions, transitory provision, separability clause, repealing clause, and effectivity clause.The constitutional requirement that a bill should have only one subject matter which should be expressed in its titleis complied with where the provisions thereof, no matter how diverse they may be, are allied and germane to thesubject, or negatively stated, where the provisions are not inconsistent with, but in furtherance of, the singlesubject matter (People v. Carlos). Separability Clause: part of a statute, which states that if any provision of the act is declared invalid, theremainder shall not be affected thereby. Such clause is not controlling and the courts may, in spite of it,invalidate the whole statute where what is left, after the void part, is not complete and workable. II.PRESIDENTIAL ISSUANCES, RULES AND ORDINANCES A.Presidential Issuances: those which the President issues in the exercise of his ordinance power, whichhave the force and effect of law. They include: B. Administrative ordersacts of the President which relate to the particular aspects of governmentaloperations in pursuance of his duties as administrative head. C.Proclamationsacts of the President fixing a date or declaring a statute or condition of public moment orinterest, upon the existence of which the operation of a specific law or regulation is made to depend. D.Memorandum Ordersacts of the President on matters of administrative detail or of subordinate ortemporary interest which only concern a particular officer or office of the government. E.Memorandum Circularsacts of the President on matters relating to internal administration which thePresident desires to bring to the attention of all or some of the departments, agencies, bureaus, or officesof the government, for information or compliance. F.General or specific ordersacts and commands of the President in his capacity as Commander-in0Chief of the Armed Forces of the Philippines. G.Executive Orders: acts of the President providing for rules of a general or permanent character in theimplementation or execution of constitutional or statutory powers, which do not have the force of statutes. III.SUPREME COURT CIRCULARS; RULES AND REGULATIONS A.The rule making power of the Supreme Court includes the power to repeal procedural laws/ parts of statues which deal with procedural aspects can be modified or repealed by the SC by virtue of itsconstitutional rule-

4 making power. SC does not have the power to promulgate rules which are substantivein nature; rules promulgated by them must operate only as to regulate procedure. If it operates as ameans of implementing an existing right then the rules deals merely with procedure. B.Rules and regulations issued by administrative or executive officers, in accordance with and as authorizedby law have the same force and effect of law or partake the nature of a statute, C.In case of discrepancy or conflict between the basic law and the regulations issued to implement it, theformer prevails over the latter (Wise & Co. v. Meer). For it is elementary principle in statutoryconstruction that a statute is superior to an administrative regulation and the former cannot be repealedor amended by the latter (China Banking Corp. v. C.A.). D.The rule-making power of a public administrative agency is a delegated legislative power. E.The power to fill-in details in the execution, enforcement or administration of law, it is essential that thesaid law (a) be complete in itself- it must set forth therein the policy to be executed, carried out orimplemented by the delegate; (b) fix a standard- the limits of which are sufficiently determinable-to whichthe delegate must conform in the performance of his functions, marks its limits and maps out itsboundaries. F.A statutory grant of powers should not be extended by implication beyond what may be necessary fortheir just and reasonable execution. It is axiomatic that a rule or regulation must bear upon, and beconsistent with, the provisions of the enacting statute if such rule or regulation is to be valid. G.When an administrative agency promulgates rules and regulations, it makes a new law with the force andeffect of a valid law, which are binding on the courts. When it renders an opinion or gives a statement of policy, it merely interprets a preexisting law; it is only advisory, for it is the courts that finally determinewhat the law means. H.Baranggay ordinance: Sangguniang barangay: smallest legislative body; may pass an ordinance affecting a barangay by a majorityvote of all its members. Its ordinance is subject to review by sangguniang bayan or panlungsod, to determineif it is in accordance with municipal or city ordinance. Sangguniang Bayan or panlungsod shall take action onthe ordinance within 30 days from submission. I.Municipal Ordinance Sangguniang Bayan: affirmative vote of a majority of the members of the sangguniang bayan, there being aquorum. Ordinance is then submitted to the municipal mayor, who within 10 days from receipt shall return it withhis approval or veto. The ordinance is then submitted to sangguniang panlalawigan for review, who within 30 daysmay invalidate it in whole or in part. J.City Ordinance Sangguniang panlungsodaffirmative vote of a majority of the members of the sangguniang panlungsod present,and there being a quorum. Approved ordinance shall be submitted to the mayor, who withn 10 days shall return itwith approval or his veto. The Sangguniang may repass a vetoed ordinance. If the city is a component city, theapproved ordinance is submitted to the Sanguniang panlalawigan, who shall act within 30 days. K.Provincial Ordinance Sangguniang panlalawiganby a vote of a majority of the members present, there being a quorum, enactordinance that will affect the province. The ordinance is forwarded to the governor who, within 15 days, shallreturn it with his approval or veto. A vetoed ordinance may be repassed by twothirds vote. IV.VALIDITY A.Every statute is presumed valid. To declare a law unconstitutional, the repugnancy of the law to theConstitution must be clear and unequivocal. To strike down a law, there must be a clear showing thatwhat the fundamental law condemns or prohibits, the statute allows it to be done. B.All reasonable doubts should be resolved in favor of the constitutionality of law. To doubt is to sustain. C.The final authority to declare a law unconstitutional is the SC en banc by the concurrence of a majority of the Members who actually took part in the deliberations. D.Trial courts have jurisdiction to initially decide the issue of constitutionality of a law in appropriate cases. E.Before the court may resolve the question of constitutionality, the following requisites should be present:1.Existence of an appropriate case / actual case 2.An interest personal and substantial by the party raising the constitutionality3.The plea that the function be exercised at the earliest opportunity4.The necessity that the constitutional question be passed upon in order to decide the case. F.Legal Standing (locus Standi)- a personal and substantial interest in the case such that the party

5 hassustained or will sustain direct injury as a result of the governmental act that is being challenged. G.How a citizen acquires standing:1.He has suffered some actual or threatened injury as a result of the allegedly illegal conduct of government2.Injury is fairly traceable to the challenged action.3.Injury is likely to be redressed by a favorable action H.Tax payers legal standing:1.When it is established that public funds have been disbursed in alleged contravention of the law or theconstitution, or in preventing the illegal expenditure of money raised by taxation.2.He will sustain a direct injury as a result of the enforcement of the questioned statute. I.The SC may take cognizance of a suit which does not satisfy the requirements of legal standing; the Courthas adopted a liberal attitude on the locus standi of a petitioner where the petitioner is able to craft anissue of transcendental significance to the people or paramount importance to the public. J.Constitutionality must be raised at the earliest possible time. If the question is not raised in the pleadings,ordinarily it may not be raised at the trial, and if not raised in the trial, it will not be considered in appeal. K.Exceptions:1.the question may raised in a motion for reconsideration or new trial in the lower court, where thestatute sought to be invalidated was not in existence when the complaint was filed or during the trial2.the question of validity may also be raised in criminal cases at any stage of the proceedings.3.In civil cases where it appears clearly that a determination of the question is necessary to a decisionand incases where it involved the jurisdiction of the court below. L.Test of constitutionalityA stature may be declared unconstitutionalbecause: 1.it is not within the legislative power to enact 2.or it creates or establishes methods or forms that infringe constitutional principles 3.its purpose or effect violates the constitution 4.it is vague. It is vague when it lacks comprehensive standards that men of common intelligence mustnecessarily guess at its meaning and differ in its application.5.The change of circumstances or conditions may affect the validity of some statues, specially those so-called emergency laws designed specifically to meet certain contingencies. M.With respect to ordinances, the test of validity are:1.Must not contravene the constitution or any statute2.Must not be unfair or oppressive3.Must not be partial or discriminatory4.Must not prohibit but may regulate trade5.Must be general and consistent with public policy6.Must not be unreasonable N.Effects of unconstitutionality1.The general rule is that an unconstitutional act is not a law.(a)it confers no rights.(b)it afford no protection(c)it imposes no duties(d)it creates no office(e)it is inoperative as though it had never been passed.2.Regard should be had to what has been done while the statute was in operation and presumed to bevalid. Hence, its operative fact before a declaration of nullity must be recognized.3.There are two view on the effects of a declaration of the unconstitutionality of a statute: (a)Orthodox View -- An unconstitutional law confers no right, is not a law, imposes no duties,affords no protection; in legal contemplation, it is inoperative, as if it had not been passed. (b)Modern View --The court in passing upon the question of constitutionality does not annul orrepeal the statute if it is unconstitutional, it simply refuses to recognize it and determines therights of the parties just as if the statute had no existence. It does not repeal, supersede, revokeor annul the statute. The parties to the suit are concluded by the judgment, but no one else isbound. O.Invalidity due to change of conditionsThe general rule as to the effects of unconstitutionality of a statute is not applicable to a statute that is declaredinvalid because of the change of circumstances affecting its validity. It becomes invalid only because the change of conditions makes its continued operation violative of the Constitution, and accordingly, the declaration of its nullityshould affect only the parties involved in the case, and its effects applied prospectively. P.Partial InvalidityThe general rule is that where part of a statute is void as repugnant to the Constitution, while another part is valid,the valid portion, if separable from the invalid, may stand and be enforcedNote: Exceptions to this rule: when the parts are so mutually dependent and connected. The presence of separability clause creates the presumption that the legislature intended separability, rather than complete nullityof the statute. V.EFFECT AND OPERATION A.When laws take effect1.Art 2 of the Civil Code provides that Laws shall take effect after fifteen days following the completionof their publication in the Official Gazette, unless it is otherwise provided. 2.All laws or statutes, including those of local application and private law shall be published as acondition for their effectivity (Taada v. Tuvera),

6 otherwise it would violate the due process clause of the constitution. 3.The general rule is that where the law is silent as to its effectivity, or where it provides that it shalltake effect immediately or upon its approval, such law shall take effect after 15 days from itspublication in the Official Gazette.4.The completion of publication, from which date the period of publication will be counted, refers to thedate of release of the O.G. or newspaper for circulation and not to its date, unless the two datescoincide.5.The requirement of publication as a condition for the effectivity of statues applies to PresidentialIssuances, except those which are merely interpretative or internal in nature not concerning thepublic. B.When presidential issuance, rules, and regulations take effect 1.The requirement of publication also applies to Presidential issuances.Exceptions: those which are merely interpretative or internal in nature not concerning the public.2.Rules and regulations of administrative and executive officers are of two types: (a)Whose purpose is to implement or enforce existing law pursuant to a valid delegation or to fill inthe details of a statute; whether they are penal or non-penal; this requires publication. (b)those are merely interpretative in nature or merely internal in character not concerning thepublic, does not need publication.3.In addition, the 1987 Administrative Code provides that (a)Every agency shall file with the U.P. Law center three copies of every rule adopted by it. Rules inforce on the date of effectivity of this Code which are not filed within 3 months from that dateshall not be the basis of any sanction against any party or persons. (b)Each rule shall become effective 15 days from the date of filing as above provided unless adifferent date is fixed by law, or specified in the rule in cases of imminent danger to public health,safety and welfare.4.Publication and filing requirements are indispensable to the effectivity of rules and regulations, exceptwhen the law authorizing its issuance dispenses the filing requirements. C.When local ordinance take effect. 1.Local ordinance shall take effect after 10 days from the date a copy thereof is posted in a bulletinboard at the entrance of the provincial capitol or city, municipal, or barangay hall, as the case maybe, and in atleast two other conspicuous places in the local government unit.2.the secretary to the sanggunian shall cause the posting of the ordinance within 5 days after itsapproval.3.The gist of all ordinances with penal sanctions shall be published in a newspaper of generalcirculation, within the province where the local legislative body concerned belongs.4.In case of highly urbanized and independent component cities, the main feature of the ordinance orresolution duly enacted or adopted shall, in addition to being posted, be published once in a localnewspaper of general circulation within the city.5.Unless a statute is by its provisions for a limited period only, it continues in force until changed orrepealed by the legislature. Law once established continues until changed by some competentlegislative power. It is not changed by change of sovereignty. D.Manner of computing time:1.Where a statute requires the doing of an act within a specified number of days, such as ten days,from notice, It means 10 calendar days and not working days.2.Where the word week is used as a measure of time and without reference to the calendar, it meansa period of seven consecutive days without regard to the day of the week from which it begins (PNBv. C.A). (a)Year: 365 days (b)months: 30 days except if the months are designated by their name (c)days: 24 hours (d)nights: from sunrise to sunset (e)week -- a period of 7 consecutive days without regard to the day of the week from which itbegins.3.Civil code adopts the 365 day year and the 30-day month and not the calendar year not the solarmonth.4.The exclude- the first and include the last day rule governs the computation of a period. If the lastday falls on a Sunday or legal holiday, the act can still be done the following day. The principle doesnot apply to the computation of the period of prescription of a crime, in which the rule is that if thelast days in the period of prescription of a felony falls on a Sunday or legal holiday, the informationconcerning said felony cannot be filed on the next working day, as the offense has been by thenalready prescribed. CHAPTER 2Construction and Interpretation I.Definition of Construction It is the art or process of discovering and expounding the meaning and intention of the authors of the law, wherethat intention is rendered doubtful by reason of the ambiguity in its language or the fact that the given case is notexplicitly provided for in the law.It is the drawing of warranted conclusions respecting subjects that lie beyond the direct expression of the text,conclusions which are in the spirit, though not within the letter of the text.

7 A.It is what the law, by its language, means. What it comprehends, covers or embraces, limits and confinesare. B.Legislative intent and meaning are synonymous. Thus: IF THERE IS AMBIGUITY IN THE LANGUAGEUSED IN THE STATUTE, ITS PURPOSED MAY INDICATE THE MEANING OF THE LANGUAGE AND LEAD TOWHAT THE LEGISLATIVE INTENT IS. C.The courts, by judicial construction will give effect to such intent. VIII.Matters inquired into in construing a statute 1.ascertain the intention or meaning of the statute (internal element)2.see whether the intention or meaning has been expressed in such a way as to give it legal effect andvalidity (external element)Note: Legal act then originates in intention and is perfected by expression. Failure of the latter may defeatthe former. IX.Source of legislative intent A.Primary source: statute itself.1.LEGISLATIVE INTENT MUST BE DISCOVERED FROM THE FOUR CORNERS OF THE LAW (Regalado vs.Yulo)2.Where the words and phrases of a statute are not obscure or ambiguous, its meaning and theintention of the legislature must be determined from the language employed. (B.E. San Diego, Inc.vs. CA) B.Other sources:1.purpose of the statute2.the reason or cause which induced the enactment of the law3.the mischief to be suppressed4.the policy which di ctated its passage. C.If these sources fail, the court may look into the effect of the law.Note: Judicial legislation happens when the court looks into the effect of the law without ascertaining the othersources of legislative intent. X.Construction is a judicial function A.The power and duty to interpret or construe a statue or the Constitution belong to the judiciary. B.A Supreme Court construes the applicable law in controversies which are ripe for judicial resolution.. C.Moot and academic cases cases wherein:1.purpose has become stale2.where no practical relief can be granted3.which have no practical effect D.The court may nonetheless resolve a moot case where public interest requires its resolution. E. Laws are not interpreted in a vacuum, they are always decided based on facts. Thus, LAWS AREINTERPRETED ALWAYS IN THE CONTEXT OF THE PECULIAR FACTUAL SITUATION OF EACH CASE. THECIRCUMSTANCE OF TIME, PLACE, EVENT, PERSON AND PARTICULARLY ATTENDANT CIRCUMSTANCESSHOULD BE TAKEN IN THEIR TOTALITY SO THAT JUSTICE CAN BE RATIONALLY

II.Difference between construction and interpretation A.Interpretation art of finding the true meaning and sense of any form of words B.Construction process of drawing warranted conclusions respecting subjects that lie beyond the directexpressions or determining the application of words to facts in litigation.Note: Although there is technical distinction between the two, they are alike in practical results. In practice andcommon usage, they have the same signification. III.Rules of construction, generally A.Rules of construction are tools used to ascertain the legislative intent because in enacting a statute, thelegislature is presumed to know the rules of statutory construction. B.When there is ambiguity in the language of a statute, the rules of statutory construction is employed bythe courts in order to ascertain the true intent and meaning of the law. C.Rules of statutory construction have no binding effect on the courts. They are only used to clarify, not todefeat, legislative intent. IV.Purpose or object of construction A.Cardinal rule in interpretation: to ascertain, and give effect to, the intent of law. B.The sole object of all judicial interpretation of a statute is to determine legislative intent, what intention isconveyed, wither expressly or impliedly. V.Legislative intent, generally A.It is the essence of the law. B.It is the spirit, which gives life to legislative enactment. Intent must be enforced when ascertained,although it may not be consistent with the strict letter of the statute. C.THUS, WHERE A STATUTE IS SUSCEPTIBLE OF MORE THAN ONE CONSTRUCTION THAT CONSTRUCTIONSHOULD BE ADOPTED WHICH WILL MOST TEND TO GIVE EFFECT TO THE MANIFEST INTENT OF THELEGISLATURE (US vs. Toribio). D.Intent is equated with the words: purpose, meaning and spirit. VI.Legislative purpose A.The reason why a particular statue was enacted. B.Legislation definedIt is an active instrument of government, which, for purposes of interpretation, means that laws have ends to beachieved. C.Statutes should be so construed so as not to defeat but to carry out such ends and purposes. (LitexEmployees Assn v. Eduvala). VII.Legislative meaning

8 AND FAIRLY DISPENSED (Philippines Today, Inc vs. NLRC). XI.Legislature cannot overrule judicial construction A.Legislature may indicate its construction of a stature in the form of a resolution or declaratory act BUT ithas no power to overrule the interpretation or construction of a statute or the constitution by the SupremeCourt, for interpretation is a judicial function assigned to the latter by the fundamental law. B.Reason: Because of the principle of separation of powers. The legislature may enact and make laws butas to interpretation and application of said laws belong exclusively to the judicial department. XII.When judicial interpretation may be set aside: 1.The Supreme Court itself may, in appropriate case, change or overrule its previous construction.2.The rule that Supreme Court has the final word in the interpretation of a statue merely means thatthe legislature cannot, by law or resolution, modify or annul the judicial construction withoutmodify ing or repealing the very statute which has been the subject of construction. XIII.When court may construe statute: A.There must be doubt or ambiguity in its language. ONLY STATUTES WITH AN AMBIGUOUS OR DOUBTFULMEANING MAY BE THE SUBJECT OF STATUTORY CONSTRUCTION. (Daong vs. Municipal Judge) B.Ambiguity a condition of admitting two or more meanings, of being understood in more than one way orof referring to two or more things at the same time. XIV.Court may not construe where the statute is clear. A.Construction or interpretation comes only after it has been demonstrate that application is impossible orinadequate without it. It is the last function the court should exercise, for if there is more application andless construction, there would be more stability in law. B.Court may not construe a statute that is clears and free from doubt. WHEN THE LAW IS CLEAR, THERE ISNO ROOM FOR INTERPRETATION. THERE IS ONLY ROOM FOR APPLICATION (Cebu Portland Cement Co.vs. Municipality of Naga) C.Fidelity to such task precludes construction and interp retation, unless application is impossible orinadequate without it. D.When the law is free from ambiguity, the court may n ot engraft into the law qualifications notcontemplated. E.A meaning that does not appear nor is intended or reflected in the very language of the statute cannot beplaced therein by construction. F.It is a principle in statutory construction that where the two statutes that applies in a particular case, thatwhich was specifically designed for the said case must prevail over the other. (Lapid vs. CA) XV.Rulings of the Supreme Court as part of the legal system. A.Legis interpretato legis vim obtinet authoritative interpretation of the Supreme Court or a s tatuteacquires the force of law by becoming a part thereof. B.Rulings of the SC are laws in their own right because they interpret what the law say or mean. C.Stare decisis et non quieta novere rulings of the supreme court, until reversed, are binding upon inferiorcourts.XVI. Judicial rulings have no retroactive ef fectA.Judicial ruling cannot be given a retroactive effect because dong so will impair vested rights. Nor may judicial ruling overruling a previous one be applied retroactively so as to nullify a right which arose underthe previous ruling before its abandonmentB.Lex prospicit, non respicit (the law looks forward not backward) Art. 4 of the civil code.C.The Supreme Court may abandon or overrule its earlier decision construing a statute whenever it is rightand prosper to do so.D.No doctrine or principle of law laid down by the Court in a decision rendered en banc or in division may bemodified or reversed except by the court sitting en banc. Said ruling must be applied prospectively.E.The interpretation of a statute by the Supreme Court remains to be part of the legal system until the latteroverrule it and the new doctrine overruling the old is applied prospectively in favor of the persons whohave relied thereon in good faith. XVI.COURT MAY ISSUE GUIDELINE IN CONSTRUING STATUTE NOT TO ENLARGE OR RESTRICT ITBUT TO CLEARLY DELINEATE WHAT THE LAW REQUIRES (ex. Case of People vs. Ferrer where thecourt issued guidelines for prosecution under the Anti-Subversion Law). XVII.LIMITATIONS ON THE POWER TO CONSTRUE: 1.Courts may not enlarge nor restrict statutes (doing so would be considered law making).(a)Courts may not revise even the most arbitrary and unfair action of the legislature(b)Courts may not rewrite the law to conform with what they think should be the law.(c)Courts may not interpret into the law a requirement which the law does not prescribe.2.Courts must not be influenced by questions of wisdom.(a)They must not pass upon questions of wisdom, justice, or expedience of legislation, for it is notwithin their province to supervise legislation.(b)As long as laws do not violate the constitution, the courts merely

9 interpret and apply themregardless of whether or not they are wise or salutary.(c)Questions regarding wisdom, morality or practicability of statutes are not addressed to the judiciary by may be resolved only the legislative and executive departments. CHAPTER 3 I.GENERALLY : Where the meaning of a statute is ambiguous, the court may avail itself of all legitimateaids to construction in order that it can ascertain the true intent of the statue. II.THE TITLE OF THE STATUTE 1.It serves as aid in case of doubt in its language, to its construction and ascertaining legislative will.2.Used by the court to clear the obscurity.3.An aid when there is doubt as to the meaning of the law. III.WHEN THE TEXT OF THE STATUTE IS CLEAR AND FREE FROM DOUBT, IT IS IMPROPER TORESORT TO ITS TITLE TO MAKE IT OBSCURE IV.PREAMBLE 1.that part of the statute written immediately after its title, which states the purpose, reason or justification for the enactment of the law.2.Expressed in the Whereas Clause 3.Usually omitted in statutes made by the congress. In its place, these legislative bodies used theexplanatory note to explain the reasons for the enactment of statutes.4.Not an essential part of a statute.(a)Thus, where the meaning if a statute is clear and unambiguous, the preamble can neither expandnor restrict its operation, much less prevail over its text.(b)It cannot be used as basis for giving a statute a meaning not apparent on its face.5.It may clarify ambiguities (thus it is the key of the statute)6.It may express the legislative intent to make the law apply retroactively, in which case the law has tobe given retroactive effect, so as to carry out such intent (PNB v. Office of the President). V.CONTEXT OF WHOLE TEXT Legislative intent should accordingly be ascertained from a consideration of the whole context of the stature andnot from an isolated part of particular provision (Aboitiz Shipping Corp. v. City of Cebu).The best source from which to ascertain the legislative intent is the statute itself the words, phrases, sentences,sections, clauses, provisions taken as a whole and in relation to one another. (Commissioner of Internal Revenuev. TMX Sales). VI.PUNCTUATION MARKS : aids of low degree and can never control the intelligible meaning of writtenwords; may be used to clear ambiguities.Punctuation marks are aids of low degree and can never control against the intelligible meaning of written word.The reason is that punctuation marks are not part of a stature; nor are they part of the English language (Felicianov. Aquino). A.Semi-colon indicates a separation in the relation of the thought, a degree greater than that expressedby a comma. Makes the difference being that the semi-colon makes the division a little more pronounced B.Comma also separates the parts and sentences, but less pronounced than the comma. C.Period used to indicate the end of a sentence.Note: An argument based upon punctuation alone is not persuasive, and the courts will not hesitate to change thepunctuation when necessary, to give the statute the effect intended by the legislature. VII.CAPITALIZATION OF LETTERS also an aid of low degree in the construction of statute. VIII.HEADNOTES OR EPIGRAPHS convenient index to the content of its provisions.(a)In case of doubt or ambiguity in the meaning of the law or the intention of the legislature, theymay be consulted in aid or interpretation.(b)They are not part of the law thus, they can never control the plain terms of the enacting clauses.(c)When the text of the statute is clear and unambiguous, there is neither necessity nor propriety toresort to headings and epigraphs for the interpretations of the text.(d)These secondary aids may be consulted to remove, but not to create, doubt nor to limit or controlthe plain language of the law. IX.LINGUAL TEXT A.Philippines laws are official promulgated either in:1)English2)Spanish3)Filipino4)Or either in two such languages B.Rules:(a)if text is in English and Spanish, English text shall govern.(b)But in case of ambiguity, omission, or mistake, the Spanish text may be consulted to explain theEnglish tex