Chapter 1: Statutes
o Prospective or Retroactive according to application
In General
Laws, in general:
o A whole body or system of laws
o Rule of conduct formulated and made obligatory by
legitimate power of the state
Sources of law:
o RA, PD, EO, Presidential Issuances, jurisprudence,
ordinances passed by Sanggunians of local
government units
Statutes, in general:
o An act of legislature (Philippine Commission,
Philippine Legislature, Batasang Pambansa,
Congress)
o Presidential Decrees of Marcos (Martial Law 1973
Constitution)
o Executive Order of Aquino (Freedom Constitution)
o Public affects the public at large
General applies to the whole state and
operates throughout the state and alike
upon all people or all of a class
Special relates to all particular person or
things of a class or to a particular
community, individual or thing
Local Law operation is confined to a
specific place or locality
o Private applies only to a specific person or subject
Permanent and Temporary Statutes:
o Permanent one whose operation is not limited in
duration but continues until repealed
o Temporary duration is for a limited period of time
fixed in the statute itself or whose life ceases upon
the happening of an event
Ex: statute answering to an emergency
Other classes of statutes:
o Declaratory, curative, mandatory, directory,
substantive, remedial, penal according to
operation
o Affirmative and negative according to form
Manner of referring to statutes:
o Public Acts Philippine Commission and Philippine
Legislature 1901-1935
o Commonwealth Acts 1936-1946
o Republic Acts Congress 1946, 1972, 1987
o Batas Pambansa Batasang Pambansa
o Identification of Laws serial number and/or title
Enactment of Statutes
Legislative Power of the Congress:
o Legislative Power power to make, alter and repeal
laws
o Determination of the legislative policy and its
formulation and promulgation as a defined and
binding rule of conduct
Procedural requirements in enacting laws:
o Provided by the Constitution (Bills, RA)
o Provided by Congress enactment of laws
Rules of both houses provided by
Constitution
o Effect of non-compliance with procedural
requirements: render the resulting administrative
action ultra vires
o Steps in the passage of bill into law
Passage of Bill proposed legislative
measure introduced by a member of
congress for enactment into law
Shall embrace only one subject which shall
be expressed in the title
 First Reading reading the number and title,
referral to the appropriate committee for
study and recommendation
Second Reading bill is read in full,
debated, altered, scrutinized
Third Reading final vote by yeas and nays
Bill will go to Other House for another 3
readings
Principle of Bicameralism practice of having two legislative
or parliamentary chambers. Consists of two houses or
chambers. Idea of a mixed government.
Presentment Clause - before a bill passed by both houses of
Congress can become law, it must be presented to the
President
Veto
o President (becomes a law)
Approves and signs
Vetoes but is overridden by 2/3 of both
houses of the Congress
Inaction of 30 days
o Pocket Veto: indirect veto of a legislative bill by the
president or a governor by retaining the bill unsigned
until it is too late for it to be dealt with during the
legislative session
o Item Veto: the power of a president, governor, or
other elected executive to reject individual provisions
of a bill
o Legislative Veto: a provision that allows a
congressional resolution (passed by a majority of
congress, but not signed by the President) to nullify
a rulemaking or other action taken by an executive
agency
Parts Of Statutes
General Contents; typical sections
o Title of Statute
o Enacting Clause
o Preamble
o Body of Statute
o Separability Clause
o Repealing Clause
o Effectivity Clause
Origination Clause All bills for raising revenue must come
from the House of Representatives
Rules and Records of Congressional Proceedings
o State must keep a Journal and Record of its
proceedings
Impeachability of legislative journals
Administrative Issuances
Presidential Issuances exercise of ordinance power
Administrative Rules and Regulations governmental
operations
Supreme Court rule-making power power to repeal
procedural rules and cannot promulgate substantive rules
o Procedural implementing existing rights
o Substantive takes away vested rights
Validity of Statutes
Presumption of Constitutionality every statute is presumed
valid
o Why? Lies on how a law is enacted, due respect to
the legislative who passed and the executive who
approved, and upholding the constitution
Doctrine of Constitutional Doubt - cannon of construction that
requires a court to construe a statute to avoid constitutional
questions, so long as it is reasonable to do so
Doctrine of Constitutional Avoidance restrains the court to
decide constitutional issues which can be construed with
non-constitutional construction
 How does a statute become unconstitutional? When the
proper court determines that a legislative act (a law) conflicts
with the constitution, it finds that law unconstitutional and
declares it void in whole or in part.
Effects of unconstitutionality - confers no rights, imposes no
duties, affords no protection, creates no office
o Orthodox View (Shelby Rule) unconstitutional act
is not a law
o Modern View (Operative Fact Doctrine) less
stringent; the court in passing upon the question of
unconstitutionality does not annul or repeal the
statute if it finds it in conflict with the Constitution
Partial Invalidity change of conditions makes its continued
operation violates of the Constitution. Declaration of its nullity
should only affect the parties involved in the case and its
effects applied prospectively
Fallback Law
o Separability Clause states that if any provision of
the act is declared invalid, the remainder shall not be
affected
o Inseverability Clause - states that if parts of the
contract are held to be illegal or otherwise
unenforceable, the remainder of the contract should
still apply
o Substitute Provision - construction of substitution
clauses must be carried out applying ordinary
principles of construction. If the substitution clause is
clear and unambiguous, its meaning and effect are
to be determined in accordance with its terms.
Chapter 2: General Principles of Interpretation
Construction and Interpretation, Distinguished
Construction process of discovering and expounding the
meaning and intention of the authors of the law
Interpretation art of finding the true meaning and sense of
any forms of words
Rules of Interpretation (Construction), in general
Tools used to ascertain legislative intent
Mere axioms of experience
Legislative defines to ascertain the meaning of vague, broad
words/terms
Purpose of Interpretation
Ascertain and give effect to the intent of the law
To determine legislative intent
Legislative Intent
is the essence of the law
Intent is the spirit which gives life to legislative enactment
Legislative Purpose reason why a statute was enacted
Legislative Meaning what the law, by its language, means
Where To Find Legislative Intent
Primary source is the statute itself
If statute as a whole fails to indicate, look at:
o Legislative History what was in the legislative mind
at the time the statute was enacted
o Purpose of the Statute reason which induced the
enactment of the law
Presumptions In Aid Of Interpretation, In General
Presumed that the legislative created laws in good faith
Power To Interpret
Interpretation is a judicial function the court has the final
word as to what the law means
 o Moot and Academic purpose has become stale
and no practical relief can be granted
General Rule: Dismiss the case
Exception: if capable of repetition yet
evading review, public interest requires its
resolution, rendering decision on the merits
would be of practical value
Can congress overrule courts interpretation? No. Violation of
the constitution of separation powers.
o Legislative enact laws
o Executive execute laws
o Judicial interpret and apply laws
Override Statutes (Legislative Overrides) - Congress signals
disagreement with court interpretations
Ambiguity condition of admitting 2 or more meanings; only
when the law is ambiguous is when the court may interpret
its intent
Stare Decisis legal principle of determining points in
litigation according to precedent
o Art. 8 (Civil Code) - Judicial decisions applying or
interpreting the laws or the Constitution shall form a
part of the legal system of the Philippines.
o Vertical vs Horizontal - Horizontal stare decisis refers
to a court adhering to its own precedent while
vertical stare decisis when it applies precedent from
a higher court
o Statutory vs Constitutional Statutes cannot violate
the constitution
Prospective application of new judicial doctrines law looks
forward, not backward
Limitations On Power To Interpret
Courts cannot legislate
Political Questions concerns with the wisdom of the
act, not its legality
Chapter 3: Aids To Interpretation
Internal Aids
Found in the printed page of the statute itself
External Aids
Facts and circumstances outside the printed pages
Conditions at the time statute is enated; Contemporanea
Expositio - meaning of words in a document are to be
understood in the sense which they bore at the time of the
document
Weight accorded to administrative interpretation; Chevron
deference - courts should defer to agency interpretations of
such statutes unless they are unreasonable
Chapter 4: Letter of the Law vs. Spirit of the Law
Literal Approach
Plain-meaning rule; verba legis
o Verba legis non est recendendum from the words
of the law, there must be no departure
o Index animi sermo est speech is the index of
intention
Dura Lex Sed Lex the law may be harsh but it is the law
Spirit Of The Law
What is within the spirit is within the law; ratio legis
o Ratio legis est anima - reason of the law is the soul
of the law
o Qui haraet in litera haeret in cortice - he who clings
to the letter, sticks in the bark; if the interpretation of
a writing is too literal, it does not reach the heart or
core of the transaction
 Purposive Interpretation/Purposive Approach - common law
courts interpret an enactment in light of the purpose for
which it was enacted; replacement for mischief, plain-
meaning and golden rule
o Golden Rule judge depart from a words normal
meaning to avoid an absurd result
o Mischief Rule determines the mischief and defects
o Golden Rule gives the words of a statute their
plain, ordinary meaning; construction to avoid
absurdity
Purposivism - theory of statutory interpretation that
emphasizes the intent or purpose of the drafters of the
legislation or constitution, as reflected in the legislative
history
Obsolete Rule (cessante rationae legis, cessat est ipsa lex)
when reason for law is ceasing, the law itself is ceasing
Principle of Desuetude - causes statutes, similar legislation
or legal principles to lapse and become unenforceable by a
long habit of non-enforcement or lapse of time
Correcting Clerical Errors (doctrine of scriverners error) -
legal principle that a map-drafting or typographical error in a
written contract may be corrected by oral evidence if the
evidence is clear, convincing, and precise
Supplying legislative omission; strained interpretation
o Ambulatory approach
Implications
Implied private right of actions; ubi jus, ubi remedium
Doctrine of unclean hands (in pari delicto rule) in equal
fault; both are at fault
Chapter 5: Interpretation Of Words And Phrases
General Principle
Law does not distinguish; ubi lex non distinguit, nec nos
distinguere debemus where the law does not distinguish,
we ought not to distinguish
Associated Words
Noscitur a sociis (associated words rule) - meaning of
questionable words or phrases in a statute may be
ascertained by reference to the meaning of words or phrases
associated with it
Ejusdem generis (limited class rule) of the same kind or
nature. Class of things is followed by general wording
Reddendo singular singulis each to each
Expressio unius est exclusion alterius (implied exclusion
rule) - when one or more things of a class are expressly
mentioned others of the same class are excluded
Doctrine of last antecedent - doctrine of interpretation of a
statute, by which "Referential and qualifying phrases, where
no contrary intention appears, refer solely to the last
antecedent