COURSE OUTLINE
, 762; Alzua
I. Introductory Readings
RICHARD A. POSNER, Statutory Interpretation--in the Classroom and in the
Courtroom, 50 University of Chicago Law Review 800 (1983), available at
http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=2873&conte
xt
=journal_articles
Fishgold v. Sullivan Drydock & Repair Corp., 328 U.S. 275 (1946), available
at
https://supreme.justia.com/cases/federal/us/328/275/case.html
Legislation is to be liberally construed for the benefit of those who left
private life to serve their country in its hour of great need.
Yates v. United States, 574 U. S. ____ (2015), available at
http://www.supremecourt.gov/opinions/14pdf/13-7451_m64o.pdf
Applying the rule that criminal statutes are to be construed strictly,
the word "organize," as used in the Smith Act, is construed as
referring only to acts entering into the creation of a new organization,
and not to acts thereafter performed in carrying on its activities, even
though the latter may loosely be termed "organizational." Pp. 303-
311.
The trial court's mistaken construction of the word "organize" was not
harmless error; the circumstances are such as to call for application
of the rule which requires a verdict to be set aside where it is
supportable on one ground, but not another, and it is impossible to
tell which ground the jury selected. Pp. 354 U. S. 311-312.
In re: Max Shoop, 29 November 1920, 41 Phil. 213 (1920)
We have frequently held that, for the proper construction and
application of the terms and provisions of legislative enactments
which have been borrowed from or modelled upon Anglo-American
precedents, it is proper and of times essential to review the
legislative history of such enactments and to find an authoritative
guide for their interpretation and application in the decisions of
American and English courts of last resort construing and applying
similar legislation in those countries. (Kepner vs. U.S., 195 U.S., 100;
11 Phil., 669; Serra vs. Mortiga, 204 U.S., 470; 11 Phil.
and Arnalot vs. Johnson, 21 Phil., 308.) Indeed it is a general rule of
statutory construction that courts may take judicial notice of the origin
and history of the statutes which they are called upon to construe
and administer, and of the facts which affect their derivation, validity
and operation. (2 Lewis' Sutherland on Statutory Construction, sec.
309.)
In U.S. vs. Abiog and Abiog (37 Phil., 137), this court made this further
statement on the subjects:
To elucidate the principles of the Anglo-American Common Law
are for the Philippines, just as they were for the State of Louisiana
and just as the English Common Law was for the United States, of
far-reaching influence. The Common Law is entitled to our deepest
respect and reverence. The courts are constantly guided by its
doctrines. Yet it is true as heretofore expressly decided by this Court
that "neither English nor American Common Law is in force in
these Islands, nor are the doctrines derived therefrom binding upon
our courts, save only in so far as they are founded on sound
principles applicable to local conditions, and are not in conflict with
existing law." (U.S. vs. Cuna [1908], 12 Phil., 241.)
At this juncture, three years after the last quoted comment, the
influence of English and American jurisprudence can be emphasized
even more strongly. A survey of recent cases in the Philippine
Reports, and particularly those of the last few years, shows an
increasing reliance upon English and American authorities in the
formation of what may be termed a Philippine Common Law, as
supplemental to the statute law of this jurisdiction. An analysis will
show that a great preponderance of the jurisprudence of this
jurisdiction is based upon Anglo-American case law precedents,
exclusively in applying those statutory laws which have been
enacted since the change of sovereignty and which conform more or
less to American statutes, and to a large extent in applying and
expanding the remnants of the Spanish codes and written laws.
II. Statutory Construction
1. Definition, Concept, Characteristics and Purpose
Caltex v. Palomar, G.R. No.L-19650, 29 September 1966, 18 SCRA 247
 Construction is 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
by reason that it is not explicitly provided in the law.
People v. Mapa, G.R. No. L-22301, 30 August 1967, 20 SCRA 1164
Law explicit, no provision made for secret agent
The law is explicit that except as thereafter specially allowed, xxx
Firearms and ammunition regularly and lawfully issued to officers,
soldiers, sailors, or marines [of the AFP, the PC, guards in the
employment of the Bureau of Prisons, municipal police, provincial
governors, lieutenant governors, provincial treasurers, municipal
treasurers, municipal mayors, and guards of provincial prisoners and
jails, are not covered when such firearms are in possession of such
officials and public servants for use in the performance of their
official duties. No provision is made for a secret agent.
Duty of the court to apply the law;
Construction if application is impossible or inadequate
The first and fundamental duty of courts is to apply the law.
Construction and interpretation come only after it has been
demonstrated that application is impossible or inadequate without
them. It is not within the power of this Court to set aside the clear
and explicit mandate of a statutory provision.
General v. Barrameda, G.R. No. 29906, 30 January 1976, 69 SCRA 182
Transfer of title: Torrens System date of sale or date of registration.
would better serve the ends of justice and equity especially in this case|||
National Federation of Labor v. Eisma, G.R. No. L-61236, 31 January 1984,
127 SCRA
419
Thus, "The first and fundamental duty of courts, in our judgment, is to apply
the law. Construction and interpretation come only after it has been
demonstrated that application is impossible or inadequate without them." 23
It is so even after the lapse of sixty years|||
Daoang v. Municipal Judge of San Nicolas, G.R. No. L-34568, 28 March
1988, 159
SCRA 369
1. STATUTORY CONSTRUCTION AND INTERPRETATION; ART. 335,
(par. 1), CIVIL CODE; WORDS USED IN ENUMERATING DISQUALIFIED
TO ADOPT; CLEAR AND UNAMBIGUOUS. We find, that the words used
in paragraph (1) of Art. 335 of the Civil Code, in enumerating the persons
who cannot adopt, are clear and unambiguous. The children mentioned
therein have a clearly defined meaning in law and, as pointed out by the
respondent judge, do not include grandchildren.
2. ID.; A STATUTE CLEAR AND UNAMBIGUOUS NEED NOT BE
INTERPRETED. Well known is the rule of statutory construction to the
effect that a statute clear and unambiguous on its face need not be
interpreted; stated otherwise, the rule is that only statutes with an ambiguous
or doubtful meaning may be the subject of statutory construction.
Paras v. COMELEC, G.R. No. 123169, 4 November 1994, 264 SCRA 49
Every part of the statute must be interpreted with reference to the
context . That every part must be considered together with the other
parts and kept subservient to the general intent of the whole
enactment.
2. Power to Construe; Limitations
Endencia v. David, G.R. Nos. L-6355-56, 31 August 1953, 93 Phil. 696
Interpretation and application of Constitution and statutes belong to Judiciary
The interpretation and application of the Constitution and of statutes is within
the exclusive province and jurisdiction of the judicial department, and that in
enacting a law, the Legislature may interpret in such a way that it may not
violate a Constitutional prohibition, thereby tying the hands of the courts in
their task of later interpreting said statute, specially when the interpretation
sought and provided in said statute runs counter to a previous interpretation
already given in a case by the highest court of the land. Legislature can not
override judicial construction
A. How must Legislative intent be ascertained?
3
Aisporna v. CA, G.R. No. L-39419, 12 April 1982, 113 SCRA 459

- The definition of an insurance agent as found in par 2 of Sec 189 is
intended to define the word agent mentioned par 1 and par 2 of the
said section. More significantly, in par 2, it is explicitly provided that
the definition of a n insurance agent is within the intent of Sec 189.
Par 2 of Sec 189 is a definition and interpretative clause intended to
qualify the term agent mentioned in both par 1 and par 3.
- Applying the definition of an insurance agent in par 2 would give
harmony to the three paragraphs of Sec 189. Legislative intent must
be ascertained from a consideration of the statute as a whole.
- The whole and every part of the statue must be considered in
fixing the meaning of any of its parts in order to produce
harmonious whole.
- A statute must be so construed as to harmonize and give effect
to all its provisions whenever possible. Every part of the statute
must be interpreted with reference to the context.
- The doctrine of associated words (noscitur a sociis) provides that
where a particular word or phrase in a statement is ambiguous in in
itself or is equally susceptible of various meanings, its true meaning
may be made clear and specific by considering the company in
which it is found or with which it is associated.
China Bank v. Ortega, G.R. No. L-34964, 31 January 1973, 49 SCRA 355
- Whether a banking institution can validly refuse a court process
garnishing the bank deposit invoking the provisions of R.A. No. 1405
(An Act prohibiting Disclosure of or Inquiry into, Deposits with any
Banking Institution)
- In gist of the pertinent provisions of RA 1405, Sec. 2., that although
transactions with banking institutions in the Philippines is absolutely
confidential, there is an exception upon written permission of
depositor, or in cases of impeachment, or upon order of the
competent court in cases of bribery or dereliction of duty of public
officials, or in cases where the money deposited or invested is the
subject matter of the litigation. In the present case, China Bank is at
default because the court merely required the bank to inform the
court whether or not the defendant had a deposit with the bank for
the purposes of garnishment issued by the court. However, the
disclosure is purely incidental to the execution process.
conference committee report was looked into to ascertain congress intent
Board of Administrators of the P.V.A. v. Bautista, G.R. No. L-37867, 22
February
1982, 112 SCRA 59
1. CONSTITUTIONAL LAW; STATUTES; VETERAN PENSION LAW (R.A.
65); COURTS TO LIBERALLY CONSTRUE THE LAW IN FAVOR OF THE
PENSIONER. The purpose of Congress in granting veteran pensions is to
compensate, as far as it may be, a class of men who suffered in the service
for the hardships they endured and the dangers they encountered, and more
particularly, those who have become incapacitated for work owing to
sickness, disease or injuries sustained while in line of duty. A veteran
pension law is, therefore, a governmental expression of gratitude to and
recognition of those who rendered service for the country, especially during
times of war or revolution, by extending to them regular monetary aid. For
this reason, it is the general rule that a liberal construction is given to pension
statutes in favor of those entitled to pension. Courts tend to favor the
pensioner, but such constructional preference is to be considered with other
guides to interpretation and a construction of pension laws must depend on
its own particular language.|||
B. Construction v. Judicial Legislation
Floresca v. Philex Mining Corporation, G.R. No. L-30642, 30 April 1985, 136
SCRA 142 (Note: read dissenting opinions)
- The Court argues that the Court can legislate, pursuant to Article 9 of
the New Civil Code, which provides that No judge or court shall
decline to render judgment by reason of the silence, obscurity or
insufficiency of the laws.
- Thus, even the legislator himself recognizes that in certain instances,
the court do and must legislate to fill in the gaps in the law;
because the mind of the legislator, like all human beings, is finite and
therefore cannot envisage all possible cases to which the law may
apply.
Tanada v. Yulo, G.R No. 43575, 31 May 1935
- The court would agree that if result was obtainable by any logical
construction of the law whether strict or liberal. But the court cannot
reach that result when to do so compels it to rewrite a law and to
insert words or phrases not found in it. If the court should do that it
would pass beyond the bounds of judicial power to usurp legislative
power.
- The intent of the Legislature to be ascertained and enforced is the
intent expressed in the words of the statute. If legislative intent is not
expressed in some appropriate manner, the courts cannot by
interpretation speculate as to an intent and supply a meaning not
found in the phraseology of the law. In other words, the courts
cannot assume some purpose in no way expressed and then
construe the statute to accomplish this supposed intention
Manila Prince Hotel v. GSIS, G.R. No. 122156, 3 February 1997, 267 SCRA
408
(Note: read Justice Panganibans dissenting opinion)
- As the Filipino first policy was deemed self executing, the court
ruled that the qualified Filipino entity must be given preference by
granting it the option to match the winning bid because the
provision. The Supreme Court, therefore, directed the GSIS and
other respondents to cease and desist from selling the 51%
shares of the MHC to the Malaysian firm Renong Berhad, and
instead to accept the matching bid of the petitioner Manila Prince
Hotel.
- The rule is that (from Agpalo) in the case of doubt, the constitution
should be considered self executing rather than non self
executing. Such is the case with Section 10, second paragraph,
Article 11 of the 1987 Constitution which states that in grant of
rights and privileges and concessions covering the national
economy and patrimony, the state shall give preference to
qualified Filipino. According to Justice Bellosillo, ponente of the
case at bar, Section 10, second paragraph, Article 11 of the 1987
Constitution is a mandatory provision, a positive command which
is complete in itself and needs no further guidelines or
implementing laws to enforce it. The Court En Banc emphasized
that qualified Filipinos shall be preferred over foreigners, as
mandated by the provision in question.
- Furthermore, (Agpalo) in its plain ordinary meaning the term
patrimony pertains to heritage . the constitution speaks of national
patrimony , it refers not only to the natural resources of the
Philippines, as the constitution could have very well used the term
natural resources but also to the cultural heritage of the Filipinos
and therefore an example the Manila hotel which has become a
landmark a living testimonial of Philippine heritage
- The Court also reiterated how much of national pride will vanish if
the nations cultural heritage will fall on the hands of foreigners,
and this is not to be taken lightly as Nationalism is inherent in the
concept of the Philippines being a democratic and republican
state. In his dissenting opinion, Justice Puno said that the
provision in question should be interpreted as pro-Filipino and, at
the same time, not anti-alien in itself because it does not prohibit
the State from granting rights, privileges and concessions to
foreigners in the absence of qualified Filipinos. He also argued
that the petitioner is estopped from assailing the winning bid of
Renong Berhad because the former knew the rules of the bidding
and that the foreigners are qualified, too.
- Doctrine of Constitutional Supremacy
3. Aids to Interpretation and Construction
A. Intrinsic Aids
i. Title
Ebarle v. Sucaldito, G.R. No. L-33628, 29 December 1987, 156 SCRA 803
The issue is raised whether Executive order no. 264 entitled
Outlining the procedure by which complaints charging government
officials and employees with commission of irregularities should be
guided applies to criminal actions, to the end that no preliminary
investigation thereof can be undertaken or information file in court
unless there is previous compliance with the executive order.
EO only applies to administrative and not to criminal complaints.
The very title speaks of commission of irregularities.
City of Baguio v. Marcos, G.R. No. 26100, 28 February 1969, 27 SCRA 342
The Constitution said that only one subject is to be added in the Title
that will embody the whole statute.
 The question raised is when to count the 40 yr period to file a petition
for reopening of cadastral proceedings (to settle and adjudicate the
titles to the various lots embraced in the survey) as authorized by RA
931 covering the lands that have been or about to be declared land
of public domain, by virtue of judicial proceedings instituted w/in the
40 years next preceding the approval of this act.
The question is asked if the proceeding be reopened originally
instituted in court April 12, 1912 or November 25, 1922, the counted
date form which the decision therein rendered became final. Petition
was filed on July 25, 1961
Title of the Law An Act to authorize the filing in the proper court
under certain conditions of certain claims of title to parcels of land
that have been declared public land, by virtue of the approval of this
act.
There was an apparent inconsistency between the title and body of
the law.
It ruled that the starting date to count the period is the date the final
decision was rendered.
ii. Preamble
People v. Purisima, G.R. Nos. 402050-66, 20 November 1978, 86 SCRA 542
A person was charged w/ violation of PD 9 which penalizes, among
others, the carrying outside of ones residence any bladed, blunt or
pointed weapon not used as a necessary tool or implement for
livelihood, with imprisonment ranging from five to ten years.
Question rose whether the carrying of such weapon should be in
relation to subversion, rebellion, insurrection, lawless violence,
criminality, chaos or public disorder as a necessary element of the
crime.
The mere carrying of such weapon outside ones residence is
sufficient to constitute a violation of the law
Pursuant to the preamble which spelled out the events that led to the
enactment of the decree the clear intent and spirit of the decree is to
require the motivation mentioned in the preamble as in indispensable
element of the crime.
The severity of the penalty for the violation of the decree suggests
that it is a serious offense, which may only be justified by associating
the carrying out of such bladed of blunt weapon with any of the
purposes stated in its preamble.
iii. Punctuation Marks
Semi- colon used to indicate a separation in the relation of the
thought, what follows must have a relation to the same matter it
precedes it.
Comma and semi- colon are use for the same purpose to divide
sentences, but the semi colon makes the division a little more
pronounce. Both are not used to introduce a new idea.
Punctuation marks are aids of low degree and can never control
against the intelligible meaning of written words.
An ambiguity of a statute which may be partially or wholly solved by
a punctuation mark may be considered in the construction of a
statute.
The qualifying effect of a word or phrase may be confined to its last
antecedent if the latter is separated by a comma from the other
antecedents.
An argument based on punctuation is not persuasive.
People v. Subido, G.R. No. 21734, 5 September 1975, 66 SCRA 545
Penal statutes are to be strictly construed against the government
and liberally in favor of the accused. In the interpretation of statutes,
the tendency is to give it careful scrutiny, and to construe it with such
strictness as to safeguard the rights of the defendant.
Comma and semi- colon are use for the same purpose to divide
sentences, but the semi colon makes the division a little more
pronounce. Both are not used to introduce a new idea.
Subsidiary imprisonment in case of insolvency qualifies both non-
payment of indemnity and nonpayment of fine
Florentino v. PNB, G.R. No. L-8782, 28 April 1956, 98 Phil. 959
who may be willing to accept the same for such settlement this
implies discretion
SC held: only the last antecedent any citizen of the Philippines or
any association or corporation organized under the laws of the
Philippines
xxx pursuant to which backpay certificate-holders can compel
government-owned banks to accept said certificates for payment of
their obligations subsisting at the time of the amendatory act was
approved
iv. Headnotes or Epigraphs
People v. Yabut, G.R. No. 39085, 27 September 1933, 58 Phil. 499
v. Definition, Sections and Interpretation Clauses/Statutory Directives
People v. Buenviaje, G.R. No. L-29945, 3 March 1925, 47 Phil. 536
Vergara, Jr. v. Coca-Cola Bottlers Philippines, Inc., G.R. No. 176985, 1
April 2013
- Labor law; non-diminution of benefits. [T]he principle against
diminution of benefits is applicable only if the grant or benefit is
founded on an express policy or has ripened into a practice over a
long period of time which is consistent and deliberate; it presupposes
that a company practice, policy and tradition favorable to the
employees has been clearly established; and that the payments
made by the company pursuant to it have ripened into benefits
enjoyed by them. Company practice, just like any other fact, habits,
customs, usage or patterns of conduct, must be proven by the
offering party who must allege and establish specific, repetitive
conduct that might constitute evidence of habit or company practice.
Certainly, a practice or custom is, as a general rule, not a source of a
legally demandable or enforceable right.
Republic Act No. 6938 (1990), 126
Republic Act. 7160 (1991), 5
Republic Act No. 8792 (2000), 37
Republic Act No. 9285 (2004), 8, 20, 25
Republic Act No. 9372 (2007), 2, 53
4 agreed to exempt cocoa beans instead of chocolate.
B. Extrinsic Aids
i. Origin of the Statute
Carolina Industries, Inc. v. CMS Stock Brokerage, Inc., G.R. No. L-46908, 17
May
1980, 97 SCRA 734
Local statues are to be taken or copied from foreign statutes. The
decision of the courts of such country construing those law are
entitled to great weight and will be followed if it is in harmony with
justice public policy. Application should correspond to fundamental
points with the application from the country it was taken.
Courts are permitted to look prior laws of the same subject to
investigate antecedents of the statutes involved. Applicable in
interpretation of codes, revised or compiled statutes for old laws will
show the legislative history to clarify the intent of the law.
U.S. v. De Guzman, G.R. No. L-9144, 27 March 1915, 30 Phil. 416
Ortigas & Co. Ltd. Partnership v. Feati Bank and Trust Co., G.R. No. L-
24670, 94
SCRA 533
ii. Legislative History
Song Kiat Chocolate Factory v. Central Bank, G.R. No. L-8888, 29
November
1957, 102 Phil. 477
- The interpretation of laws is for the courts. The courts are NOT
bound by one legislators opinion expressed in Congressional
debates, concerning the application of laws.
Strict construction of statutes apply in exemption on taxations.
- Principles of strict construction of statutes apply in exemption on
taxations. Hence, the exemption for chocolate in the above section 2
does not include cocoa beans. The one is raw material, the other
manufactured consumer product; the latter is ready for human
consumption, the former is not.
Enrolled bill vs. Journal, Committee Hearings. Enrolled bill prevails.
- Despite the committee hearing regarding Republic Act 1197
amending sec. 2 substituting cocoa beans for chocolate; Courts,
however do not give decisive weight to one legislators opinion
expressed in Congressional debates concerning application of
existing laws. Moreover, in approving Republic Act 1197, Congress
Buenaseda v. Flavier, G.R. No. 106719, 21 September 1993, 226 SCRA 645
Ombusman and his deputy can only preventively suspend
respondents in administrative cases who are employed in his office,
and not those who are employees in other department or offices of
the government
Francisco v. Bosier, G.R. No. 137677, 31 May 2000, 332 SCRA 792.
Clear in requiring that the written notification should come from the vendor or
prospective vendor, not from any other person. There is, therefore, no room
for construction.|||
Roman Catholic Archbishop of Manila v. S.S.C., G.R. L-15045, 20 January
1961, 1
SCRA 10.
STATUTORY CONSTRUCTION; PRINCIPLE OF EJUSDEM GENERIS;
WHEN APPLICABLE. The principle of ejusdem generis applies only
where there is uncertainty. It is not controlling where the plain purpose and
intent of the Legislature would thereby be hindered and defeated|||
iii. Contemporary Construction
Construction placed upon statues at the time or after their enactment
be executive, legislative or judicial authorities because of their
involvement in the process of legislation, are knowledgeable of the
intent of purpose of the law such as draftsmen or bill sponsor.
a. General Rule on Executive Construction
PAFLU v. Bureau of Labor Relations, GR L-43760, 21 August 1976, 72
- The court still and should respect the contemporaneous construction
placed upon a statute by the executive officers whose duty is to
enforce it, and unless such interpretation is clearly erroneous will
ordinarily be controlled thereby.
SCRA 396
Victorias Milling v. Social Security Commission, GR L-16704, 17 March
1962, 4 SCRA 629
STATUTORY CONSTRUCTION; DISTINCTION BETWEEN AN
ADMINISTRATIVE RULE AND AN ADMINISTRATIVE INTERPRETATION
OF LAW; NATURE OF ADMINISTRATIVE RULES AND REGULATIONS.
When an administrative agency promulgates rules and regulations, it makes
"makes" a new law with the force and effect of a valid law, while when it
renders an opinion or gives a statement of policy, it merely interprets a pre-
existing law (Parker, Administrative Law, p. 197; Davis, Administrative Law,
p. 194). Rules and regulations when promulgated in pursuance of the
procedure or authority conferred upon the administrative agency by law,
partake of the nature of a statute, and compliance therewith may be enforced
by a penal sanction provided in the law. This is so because statutes are
usually couched in general terms, after expressing the policy, purposes,
objectives, remedies and sanctions intended by the legislature. The details
and the manner of carrying out the law are often times left to the
administrative agency entrusted with its enforcement.
ID.; ID.; BINDING EFFECT OF ADMINISTRATIVE RULES ON COURTS;
REQUISITES. A rule is binding on the courts so long as the procedure
fixed for its promulgation is followed and its scope is within the statutory
authority granted by the legislature, even if the courts are not in agreement
with the policy stated therein or its innate wisdom (Davis, op. cit., pp. 195-
197). On the other hand, administrative interpretation of the law is at best
merely advisory, for it is the courts that finally determine what the law means.
ID.; INTERPRETATION OF TERMS OR WORDS; RULE WHEN A TERM
OR WORD IS SPECIFICALLY DEFINED IN A STATUTE. While the rule is
that terms or words are to be interpreted in accordance with their well-
accepted meaning in law, nevertheless, when such term or word is
specifically defined in a particular law, such interpretation must be adopted in
enforcing that particular law, for it can not be gainsaid that a particular phrase
or term may have one meaning for one purpose and another meaning for
some other purpose.
Nestle Philippines Inc. v. Court of Appeals, G.R. No. 86738, 13 November
1991, 203 SCRA 504
Reasons for why interpretation of an administrative agency is
generally accorded great respect
Emergence of multifarious needs of a modernizing society
Also relates to experience and growth of specialized capabilities by
the administrative agency
They have the competence, expertness, experience and informed
judgment, and the fact that they frequently are the drafters of the law
they interpret
b. When Executive Construction is not given weight
Philippine Apparel Workers Union v. NLRC, GR L-50320, 31 July 1981,
106
SCRA 444
- There was no grant of said increases yet, despite the contrary
opinion expressed in the letter of the Undersecretary of Labor. It
must be noted that the letter was based on a wrong premise or
representation on the part of the company. The construction or
explanation of Labor Undersecretary is not only wrong as it was
purely based on a misapprehension of facts, but also unlawful
because it goes beyond the scope of the law. The Supreme Court
set aside the decision of the commission, and ordered the company
to pay, in addition to the increased allowance provided for in PD
1123.
DOJ has no other course of action but to deny or dismiss a petition before
him when arraignment of an accused had already taken place.
When a statute or rule is clear and unambiguous, interpretation need not
be resorted to. Sec 7 of the circular clearly and categorically directs the
DOJ to dismiss outright an appeal or petition for review filed after
arraignment, no resort to interpretation is necessary.
Sec 7 is neither contradictory nor irreconcilable with Sec 12. Sec 7
pertains to the action on the petition that the DOJ must take while Sec 12
enumerates the options the DOJ has with regard to the disposition of a
petition for review or of an appeal.

IBAA Employees Union v. Inciong, GR L-52415, 23 Oct. 1984, 132 SCRA

663

STATUTORY CONSTRUCTION; POWER OF JUDICIARY TO CORRECT

CONTEMPORANEOUS CONSTRUCTION PLACED UPON A STATUTE BY
EXECUTIVE OFFICERS. While it is true that the contemporaneous
construction placed upon a statute by executive officers whose duty is to
enforce it should be given great weight by the courts, still if such construction
is so erroneous, as in the instant case, the same must be declared as null
and void. It is the role of the Judiciary to refine and; when necessary, correct
constitutional (and/or statutory) interpretation, in the context of the
interactions of the three branches of the government, almost always in
situations where some agency of the State has engaged in action that stems
ultimately from some legitimate area of governmental power (The Supreme
Court in Modern Role, C.B. Swisher, 1958, p. 36).|||

Philippine Scout Veterans Security & Investigation Agency Inc. v.

National
Labor Relations Commission, G.R. No. 99858, 20 September 1996, 262
SCRA 112

Adasa v. Abalos, G.R. No. 168617, 19 February 2007

Agpalo: words that have been used in a technical sense or those that have
been judicially construed to have a certain meaning should be interpreted
according to the sense in which they have been previously used.