Statutory Construction | Source: Agpalo
Nevertheless, the preamble sets out the intention of the
CHAPTER III: AIDS TO CONSTRUCTION
be resorted to to clarify any ambiguity in the statute
A. IN GENERAL
GENERALLY
- where the meaning of a statute is ambiguous, the court is
warranted in availing itself of all legitimate aids to construction
in order that it can ascertain the true intent of the statute
intrinsic aids to construction
- those found in the printed page of the statute itself (parts of the
statute)
extrinsic aids to construction
- those extraneous facts and circumstances outside the printed
page (e.g. history, attendant circumstances)
Common functions
- can be resorted to as an aid where there is doubt as to the
meaning of the law or as to the intention of the legislature in
enacting it to clear such obscurity and not otherwise
- may be resorted to in order to remove, but not to create,
doubt or uncertainty
1. TITLE
- may indicate the legislative intent to to extend or restrict the
scope of the law, and a statute couched in a language of doubtful
import will be construed to conform to the legislative intent as
disclosed in its title
Basis
Sec. 26(1), Art. VI
"Every bill passed by the Congress shall embrace only
one subject which shall be expressed in the title thereof."
- the constitutional injunction makes the title an indispensable
part of the statute, and what may inadequately be omitted in the
text may be supplied or remedied by its title
# Central Capiz v. Ramirez
- the words 'and for other purposes' when found in the
title have been held to be without force or effect whatsoever and
have been altogether discarded in construing the Act
When resort to title is not authorized
- when the text of the statute is clear and free from doubt, it is
improper to resort to the title to make it obscure
2. PREAMBLE
Preamble
- that part of the statute written immediately after its title, which
states the purpose, reason or justification for the enactment of
law
- usually expressed int he form of "WHEREAS" clauses
- extensively used in PDs issued by the President in the exercise
of his legislative, and generally omitted in statutes passed by the
PC, PL, NA, BP, and the Congress of the Phlippines
The preamble is not an essential part of a statute
- cannot be used to expand or restrict the operation of the law
- it can neither prevail over the text of the latter
- it cannot be the basis for giving a statute a meaning not
apparent on its face
legislature
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- although not an essential part of the statute, the preamble may
- it is the key of the statute, to open the minds of the lawmakers
as to:
a. the purpose to be achieved,
b. the mischief to be remedied, and
c. the object to be accomplished, by the provision
# People v. Echavez: in effect the preamble may
restrict what otherwise appears to be a broad scope of a law
# People v. Purisima: the preamble may require, in the
commission of a crime, an element not clearly expressed in its
text
- the court ruled that pursuant to the preamble, the clear
intent and spirit of the decree is to require the motivation
mentioned in the preamble as an indispensable element of the
crime
- the severity of the penalty for the violation of the PD
suggests that it is a serious offense, justified only by associating
the carrying out of such weapons with any purposes stated in its
preamble
# PNB v. Office of the President: it may express
legislative intent to make the law apply retroactively
3. CONTEXT OF THE WHOLE TEXT
- legislative intent should accordingly be ascertained from a
consideration of the whole context of the statute and not from an
isolated part or particular provision
- the best source from which to ascertain legislative intent is the
statute itself--the words, phrases, sentences, sections, clauses,
provisions--taken as a whole and in relation to one another
- the context may circumscribe the meaning of the statute; it may
give to a word or phrase a meaning different from its usual or
ordinary signification
-------------------------------------------------------------------------------------
* punctuation marks = capitalization = headnotes or epigraphs
in terms of the degree of their authority
4. PUNCTUATION MARKS
- punctuations are grammatical marks
- they are aids of low degree and can never control against
the intelligible meaning of written words
Basis
- punctuation marks are not part of a statute; nor are they part of
the English language
Adoption of arguments based on punctuation
- SUPPLEMENTARY ONLY: if the punctuation gives the statute a
meaning which is reasonable and in apparent accord with the
legislative will, it may be used as additional argument for
adopting the literal meaning of the words as thus punctuated
- CANNOT STAND ALONE: but an argument based on
punctuation alone is not persuasive, and the courts will not
hesitate to change the punctuation when necessary to give the
statute the effect intended by the legislature, disregarding
superfluous or incorrect punctuation marks and inserting others
where necessary
Examples
Rule on comma (,)
1. ( a ), ( b ), ( c ), or ( d ), qualifier
Statutory Construction | Source: Agpalo
* if there is a comma separating the last item from the preceding
ones, the qualifier is exclusive to it
2. ( a ), ( b ), ( c )x or ( d )x qualifier
* if there is a NO comma separating the last two items, then the
comma applies to all
5. CAPITALIZATION
- similar to punctuation marks, capitalization of letters is an aid of
low degree in the construction of statutes
# "state" v. "State" as regards including the US within its meaning
# "civil service" v. "Civil Service"
6. HEADNOTES OR EPIGRAPHS
Headnotes/ Epigraphs
- convenient index to the contents of its provisions
- prefixed sections or chapters of a statute for ready reference or
classification
When controlling
- when a statute is divided into several subjects or articles,
having respective appropriate headings, it must be presumed
that the provisions of each article are controlling upon the subject
thereof and operate as a general rule for settling such questions
as are embraced therein
When not controlling
- if the chapter or section heading has been inserted merely for
convenience or reference, and not as integral part of the statute,
it should not be allowed to control interpretation
- being nothing more than a convenient index of the contents of
the provisions, such cannot have the effect of limiting the
operative words contained in the body of the text
7. LINGUAL TEXTS
* Philippine laws are officially promulgated in either English,
Spanish or Filipino, or either in two such languages
General rule
- English text governs in the interpretation of a law or
administrative issuance promulgated in all the official languages
Exception
2. when otherwise specially provided
3. in case of ambiguity, omission or other mistake, the other
texts may be consulted
English v. Spanish
- where a statute is officially promulgated in English and Spanish,
the English text shall govern, but in case of ambiguity, omission
or mistake, the Spanish text may be consulted to explain the
English text
Filipino v. English v. Spanish with translations in other
languages
- the language in which it is written prevails over its transaction
# RPC, originally enacted in Spanish: Spanish > English
# Judiciary Act of 1948, originally enacted in English:
English > Spanish translation
Will the statute be given a literal, strict, or liberal interpretation?
INTENT OR SPIRIT OF THE LAW
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- the intent or the spirit of the law is the law itself
- for this reason, the legislative intent or spirit is the controlling
factor and the most dominant influence in the construction of
laws
- what is within the spirit is within the statute although it is not
within the letter thereof, and that which is within the letter of the
law but not within the spirit is not within the statute
Undetermined legislative intent
- if the legislative intent is not expressed in some appropriate
manner, the courts cannot by interpretation speculate as to n
intent and supply a meaning not found in the phraseology of the
law
- the courts cannot assume an intent in no way expressed and
then construe the statute to accomplish the supposed intention
(= usurpation of legislative powers)
POLICY OF THE LAW
- a construction which would carry into effect the evident policy of
the law should be adopted in favor of that interpretation which
would defeat it
- a decent respect for the policy of the law must save the court
from imputing to it a self-defeating, if not disingenuous purpose
PURPOSE OF LAW OR MISCHIEF TO BE SUPPRESSED
- the court must look to the object to be subserved, and should
give the law a reasonable or liberal construction which will best
effectuate its purpose
- the purpose of a statute is more important than rules of
grammar and logic in ascertaining its meaning
- however, where a statute lays gown a general rule with certain
exceptions thereto, the purpose of the general rule is not
determinative of the proper construction to be given to the
exceptions
Basis
- a statute derives its vitality from the purpose for which it is
enacted and to construe it in a manner that disregards or defeats
such purpose is to nullify or destroy the law
DICTIONARIES
- where a statute does not define the words or phrases used
therein, nor does its purpose or the context in which the words or
phrases are employed indicate their meaning, nor has the
legislature intended a technical or special legal meaning to those
words, the courts may consult dictionaries, as aids in determining
the meaning to be assigned to such words or
phrases
- dictionaries generally define words in their natural, plain and
ordinary acceptance and significance
Basis
- the intention of the lawmakers, who are ordinarily untrained
philologists and lexicographers, to use statutory phraseology in
such a manner is always presumed
CONSEQUENCES OF VARIOUS CONSTRUCTIONS
Will it be accorded a restrictive or expansive meaning?
Will it be construed retroactively or not?
Statutory Construction | Source: Agpalo
Has a later law impliedly repealed a prior act on the same
subject?
What are the consequences of one construction as compared to
another?
- as a general rule, in construction of statutes, the following
should be rejected, that which will:
a. cause injustice or hardship (Art. 10, CC)
b. result in absurdity
c. defeat legislative intent or spirit
d. preclude accomplishment of legislative purpose or object
e. render certain words or phrases a surplusage
f. nullify the statute or make any of its provisions nugatory
PRESUMPTIONS
- presumptions are based on logic, experience and common
sense, and in the absence of compelling reasons to the contrary,
doubts as to the proper and correct construction of a statute will
be resolved in favor of that construction which is in accord with
the presumption on the matter
# presumption on constitutionality
# completeness
# prospective operation
# right and justice
# effective, sensible, beneficial and reasonable operation as a
whole
# against inconsistency and repeal
# absurdity
# inconvenience and ineffectiveness
B. LEGISLATIVE HISTORY
controlling in the interpretation of the law
GENERALLY
- where a statute is susceptible of several interpretations or
where there is ambiguity in its language, there is no better means
of ascertaining the will and intention of the legislature than that
which is afforded by the history of the statute
WHAT CONSTITUTES LEGISLATIVE HISTORY
Scope
- legislative history refers to all its antecedents from its
inception until its enactment into law
- covers the period and the steps done from the time the bill is
introduced until it is finally passed by the legislature
- it includes the following:
1. President's message to the legislature
2. explanatory note
3. committee reports (leg. investigations, public hearings
on the subject)
4. sponsorship speech
5. debates, deliberations concerning the bill
6. amendments and changes in phraseology
1. PRESIDENTS MESSAGE TO THE LEGISLATURE
Basis
Sec. 23, Art. VII
"The President shall address the Congress at the
opening of its regular session. He may also appear before it at
any other time."
- Congress may refer to the President's message to the
legislature to determine the intent of the statute enacted IN
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RESPONSE to the President's request embodied in the
message
- the President's message usually contains proposed legislative
measures
- it indicates his thinking on the proposed legislation which, when
enacted into law, follows his line of thinking on the matter
2. EXPLANATORY NOTE
Explanatory note
- a short exposition or explanation accompanying a proposed
legislation by its author or proponent
- contains statements of the reason or purpose of the bill, as well
as arguments advanced by its author in urging its passage
# defining extra elements of a crime
Limits
#clarifying repeals/amendments
- the explanatory note may not, however, be used as basis for
giving a statute a meaning inconsistent with what is expressed in
the text of the statute
- being written only by the author or proponent of the bill, the
explanatory note is a mere expression of the author's views
and reasons for the proposed legislation and may not
accordingly override the clear legislative meaning or intent
as expressed in the statute itself
3. LEGISLATIVE DEBATES, VIEWS, DELIBERATIONS
- where there is doubt as to what a provision of a statute means,
that meaning which was put to the provision during the legislative
deliberation or discussion on the bill may adopted
Limits
- however, the views expressed by the legislators during
deliberations of a bill as to the bill's purpose, or effect are not
- the views of assemblymen during the floor deliberations do not
necessarily reflect the views of the assembly
- it is impossible to determine with authority what construction
was put upon an act by the members of the legislative body that
passed the bill, by resorting to the speeches of the members
thereof
- opinions and views expressed by legislators may not be given
weight in any of the following instances:
a. where there are other circumstances indicating a
meaning of a statute
b. where the views expressed were conflicting
c. where the intent deducible from such views is not
clear
d. where statute involved is free from ambiguity
e. where the legislator was not a member of the
assembly that enacted said laws
4. REPORTS OF COMMISSIONS
- in the codification of laws, commissions are usually formed to
compile and collate all laws on a particular subject and to prepare
the draft on the proposed code
5. PRIOR LAWS FROM WHICH THE STATUTE IS BASED
- courts are permitted to look into prior laws on the same subject
and to investigate the antecedents of the statute involved
- this rules is specially applicable in the interpretation of
codes, revised or compiled statutes
6. CHANGE IN PHRASEOLOGY BY AMENDMENTS
Statutory Construction | Source: Agpalo
- the change in phraseology by amendment of a provision of law
indicates that legislative intent to change the meaning of the
provision from that it originally had
Bases
- the deliberate selection of language differing from that of the
earlier act on the subject indicates that a change in the meaning
of the law was intended, and courts should so construe that
statute as to reflect such change in meaning
- where the law has been amended, effect should be given to
changes in the statutory language
- it is not to be presumed that the legislature, in making such
changes, was indulging merely in semantic exercise
- there must be some purpose in making them which should be
ascertained and given effect
7. AMENDMENT BY DELETION
- the amendment by deletion of certain words or phrases in a
statute indicates that the legislature intended to change the
meaning of the statute
Basis
- the presumption is that the legislature would not have made the
deletion had the intention been not to effect a change in its
meaning
General rule
- applies only when the deleted words or phrases are not
surplusage or when the intention is clear to change the previous
meaning of the old law
Exceptions
- when it is clear that the amendment is precisely to plainly
express the construction of the act prior to its amendment
because its language is not sufficiently expressive of such
constructions
Omissions in codifications, revisions
- neither alteration in phraseology nor the omission or addition of
words in the latter statute will be held, necessarily to alter the
construction of the former act or acts
- the court is only warranted in holding the constructions of a
statute, when revised, to be changed, where the intent of the
legislature to make such change is clear of construction
- condensation is a necessity in the work of compilation or
revision
8. ADOPTED STATUTES
- foreign statutes which are adopted in this country or from
which local laws are patterned form part of the legislative
history of the latter
General rule
a. judicial decisions
- where local statutes are patterned after or copied from those of
another country, the decisions of the courts in such country
construing those laws are entitled to great weight in the
interpretation thereof
b. application of adopted statute
- should correspond in fundamental points with its application in
the country from whence it was taken
- the reason is that the legislature, in adopting a foreign statute
which has already been judicially construed, is deemed to have
adopted the statute with such construction and practical
application in the country of origin
# American Bill of Rights
# US Laws
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Exceptions
1. where the local law and the foreign statute from which the
former was patterned differ in some material aspects
2. where the foreign construction is clearly erroneous or has not
become settled
3. where the adopting state has given the statute its own
interpretation
- Philippine laws must necessarily be construed in
accordance with the intention of its lawmakers and such intention
may be deduced from the language of each law and the context
of other legislation related thereto
9. PRINCIPLES OF COMMON LAW
- while common law as known in the Anglo-American
jurisprudence is not in force in the country, many of its principles
have been imported into this jurisdiction as a result of the
enactment of laws and establishment of institutions similar to
those of the US
- the Courts may resort to common law principles in construing
doubtful provisions of a statute, particularly where such statute is
modeled upon Anglo-American precedents
- however, statutory provision > common law
10. CONDITIONS AT THE TIME OF ENACTMENT
- physical conditions and circumstances then obtaining which
must of necessity affect the operation of law
Bases
- statutes do not operate in a vacuum
- in enacting statutes, the legislature is presumed to have taken
into account the existing conditions of things at the time of its
enactment
11. HISTORY OF THE TIMES
- the court may look into the history of the times, examine the
state of things existing when the statute was enacted and
interpret it in the light of the conditions obtaining
- "a statute should not be construed in a spirit as if it were a
protoplasm floating around in space"
- in determining the meaning, intent, and purpose of a law or
constitutional provision, the history of the times out of which it
grew and to which it may be rationally supposed to bear
some direct relationship, the evils intended to be remedied,
and the good to be accomplished are proper subjects of inquiry
- "law being a manifestation of social culture and progress, must
be interpreted taking into consideration the stage of such culture
and progress including all the concomitant circumstances"
C. CONTEMPORARY CONSTRUCTION
GENERALLY
- also: practical constructions
- constructions placed upon statutes at the time of, or after,
their enactment by the executive, legislature, or judicial
authorities, as well as those who, because of their involvement
in the process of legislation, are knowledgeable of the intent
and purpose of the law (e.g. draftsmen, bill sponsors)
Contemporanea expositio est optima et fortissima in lege
(The contemporary construction is strongest in law.)
EXECUTIVE CONSTRUCTION, GENERALLY
Statutory Construction | Source: Agpalo
- what is commonly referred to and understood as
contemporaneous construction is the construction placed upon
Page 5
the statute by an executive or administrative officer called
upon to execute or administer such statute
- the duty of enforcing the law which devolves upon the executive
branch of government, necessarily calls for the interpretation of
its ambiguous provisions
- executive and administrative officers are generally the very first
officials to interpret the law, preparatory to its enforcement, as
seen in the form of:
# rules and regulations
# circulars
# directives
# opinions and rulings
3 Kinds of Executive Interpretations
4.
5.
by an executive or administrative officer directly called
to implement the law
by the Secretary of Justice in his capacity as legal adviser
of the government
6. interpretation handed down in an adversary proceeding in
the form of a ruling by an executive officer exercising
quasi-judicial power
1. By an executive or administrative officer directly called to
implement the law
- may be expressed or implied:
a. expressed
- interpretation embodied in a circular, directive or
regulation
b. implied
- interpretation by usage or practice
- a practice or mode of enforcement of not applying the
statute to certain situations or of applying it in a particular manner
2. By the Secretary of Justice in his capacity as legal adviser of
the government
- in the form of opinions issued upon request of administrative or
executive officials who enforce the law
When controlling
- in the absence of judicial ruling on the matter and unless
reprobated by the President, the opinions of the Secretary of
Justice are generally controlling among administrative and
executive officials of the government
Subject to President or Exec. Sec.'s action
- the President or the Executive Secretary, by the authority of the
President, has the power to modify, alter or reverse the
construction of a statute given by a department secretary
3. Interpretation handed down in an adversary proceeding in the
form of a ruling by an executive officer exercising quasi-
judicial power
vs. public officer enforcing a law
- the position of the public officer charged with the enforcement of
a law is different from the one who must decide a dispute
- the public officer tasked to decide a dispute, if there is a doubt,
has the duty of presenting the case for the side which he
represents, upon which lies the responsibility of decision
- if he surrenders a plausible construction, it will, at least it may,
be surrendered forever, and yet it may be right
- their rulings need not have the detachment of a judicial, or
semi-judicial decision, and may properly carry bias; it would
seem that they should not be authoritative
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WEIGHT ACCORDED TO CONTEMPORANEOUS
CONSTRUCTION
- where there is doubt as to the proper interpretation of a statute,
the uniform construction placed upon it by the executive or
administrative officer charged with its enforcement will be
adopted, if necessary to resolve the doubt
- contemporaneous construction is probably the true
expression of the legislative purpose especially if such
construction is followed for a considerable period of time
Basis
- executive and administrative officials are presumed to have
familiarized themselves with all the considerations pertinent to
the meaning and purpose of the law, and to have formed an
independent, conscientious and competent expert opinion
thereon
Limits
- contemporaneous construction will not control the interpretation
of the statutes if it is shown to be clearly erroneous:
a. error of law
b. abuse of power
c. lack of jurisdiction
d. grave abuse of discretion
clearly conflicting with either the letter or the spirit of a legislative
enactment
In cases of "acquiescence"
- the long acquiescence in its construction and the far reaching
effect of such a decision may make it imperative for the court to
sustain the law
- in view of the long continued construction which has been
placed upon it by the government officials, and for which they
now continue, the very fact that Congress has not seen fit to
repeal or change the law is a very potent argument in favor
of sustaining such construction
WEIGHT ACCORDED TO USAGE AND PRACTICE
Optimus interpres rerum usus (The best interpreter of the law
is usage.)
- where the usage has been acquiesced in by all the parties
concerned and has extended over a long period of time, the
principle of contemporaneous exposition, common usage and
practice under the statute, or a course of conduct indicating a
particular undertaking of it is frequently of great value
CONSTRUCTION OF RULES AND REGULATIONS
* same reason why their interpretation by the same agencies are
accorded authority
- rules and regulations issued by executive or administrative
officers pursuant to, and as authorized by, law have the force
and effect of laws
- as a recognition of this rule-making power, the authorities
sustain the principle that the interpretation by those charged with
their enforcement is entitled to great weight by the court in the
latter's construction of such rules and regulations
- as a corollary to the power to make rules, an administrative
agency has the power to interpret its own rules and such
interpretation becomes part of the rules
REASONS WHY CONTEMPORANEOUS CONSTRUCTION IS
GIVEN SUCH WEIGHT
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1. because it comes from the particular branch of government c. may not set up such error as legal obstacle against

called upon to implement the law thus construed;

2. respect due the government agency or officials charged with

recovery from them of what they received pursuant to, and on the

basis of, the erroneous application of the law

the implementation of the law, their competence, expertness, Exceptions

experience, and informed judgment; - the rule admits exceptions in the interest of fair play
# tax cases: where tax would not be collected for the
3. the fact that they frequently are the drafters of the law they

interpret;
period during which the circular has not yet been rescinded

4. there is a need for certainty and predictability in the law

- practicality: not all laws nee to be interpreted by the Courts
before they are effected

LEGISLATIVE INTERPRETATION

- that the interpretation of a statute is primarily a judicial function

- in the normal course of events, it will take long before the does not preclude the legislature from indicating its construction
construction of a statute will come before the courts; meanwhile,
people will go on living and transactions will be concluded under
of a statute it enacts into law

the statute a. Expressly
- interpretative or declaratory clause: through which, the
legislature may prescribe rules of construction or indicate how its
WHEN CONTEMPORANEOUS CONSTRUCTION IS provisions should be construed

DISREGARDED

- the contemporaneous construction of statutes is neither

- definition of terms
- enactment of a declaratory act construing a previous law
- passage of a resolution indicating its sense or intention as to a
binding nor controlling upon the court, the duty and power to
interpret the law being primarily a judicial function
- the courts may disregard contemporaneous construction in the

given statute

b. Impliedly
following instances: - implied acquiescence to or approval of, an executive or judicial
a. where there is no ambiguity in the law, and construction of a statute by way of subsequent legislation without

erroneous,
b. where the contemporaneous construction is clearly

c. where the court has already previously given a

express change

Limits

different interpretation thereon

- it is the role of the judiciary to define and when necessary, to

correct constitutional or statutory interpretation in the context of
the interaction 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
- the legislature, in indicating its construction of a law, cannot
limit or restrict the power granted to the courts by the
Constitution itself
- by making conclusive definition of terms as regards
other statutes
- by validating a law which violates the constitution
- by making an advanced declaration on the

area of government power

constitutionality of the law

Authority
ERRONEOUS CONTEMPORANEOUS CONSTRUCTION DOES - while not controlling, the court may also resort thereto to clarify

NOT PRECLUDE CORRECTION NOR CREATE RIGHTS;

General rule
ambiguity in the language of the law
- contemporaneous construction is entitled to the respectful
consideration of the courts, being a work of the two other
- any error on contemporary constructions may be corrected

when the true construction is ascertained
branches of government

Re: Estoppel
- the doctrine of estoppel does not preclude correction of
the erroneous construction by the officer himself, by his

LEGISLATIVE APPROVAL

Presumption
successor in office, or by the Court in an appropriate case - the legislature is presumed to have full knowledge of a
- the government is never estopped by the mistake or error on contemporaneous or practical construction of a statute by an
the part of its agents
- the argument that one relied upon such construction by the
executive or administrative officer and that therefore, the court

administrative or executive officer charged with its enforcement

Legislative approval
should not now apply an interpretation at variance therewith - the legislature may, by action or inaction, approve or ratify
is not correct
- an erroneous contemporaneous construction creates no vested
right on the part of those who relied upon, and followed such

such contemporaneous construction

a. Express

construction

Re: Vested rights

- a vested right may not arise from a wrong interpretation of a law
by an administrative or executive officer whose primary duty is to
enforce the law and not construe it
- those who benefited from the erroneous contemporaneous
# reenactment of statutes previously given
contemporaneous construction + use of similar words
# amendment of statutes + without providing anything
that would counter the previous contemporaneous construction
given the old law

Reenactment
construction: - the most common act of legislative approval of a
a. may not prevent correction of such construction, contemporaneous construction of a statute
b. may not excuse themselves from complying therewith
Statutory Construction | Source: Agpalo
- the reenactment of a statute, previously given a
contemporaneous construction, is a persuasive indication of the
legislature's adoption of the prior construction
- the presumption being that the legislature knew of such
construction when it made the reenactment
- requisites:
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- where the court resolved a question merely sub silencio, its
decision does not come within the maxi of stare decisis, insofar
as the question is concerned
- obiter dicta neither fall under the application of stare decisis

1. the earlier law must have been reeanacted, not just
amended
2. the contemporaneous construction thereof must be in
the form of a regulation to implement the law and duly
published, and not merely an administrative ruling embodied
Obiter dictum
- an opinion expressed by a court on some question of law which
is not necessary to the decision of the case before it
- it is a remark made, or opinion expressed, by a judge, in his
decision upon a case "by the way", that is incidentally, and not
directly upon the question before him or upon a point not

in a letter to a specified individual and not published

Con-con by reenactment > Con-con before ratification

necessarily involved in the determination of the cause

- not binding as precedent

- where a statute has received a contemporaneous and practical
interpretation and the statute as interpreted is enacted, the
practical interpretation is accorded greater weight than it
ordinarily receives
- there is, in this case, an agreement between two departments,
as to the meaning of the law and it devolves upon the judiciary to
2. substantial similarity of the facts and legal issues
- stare decisis presupposes that the facts of the precedent and
the case to which it is applied are substantially the same
- where the facts are dissimilar, the principle does not apply
Limits of the rule

give it a deferential treatment

b. Implied
- there is implied legislative approval by the legislature's failure to
- stare decisis does not mean blind adherence to precedents
- a doctrine or rule laid down, though followed for how many
years and no matter how sound, may be abandoned if found
contrary to law

change a long-standing administrative construction - the rule does not apply when there is a conflict between the
precedent and the law; the duty of the court is to abandon any
knowledge of a + no repudiation + silence = acquiescence
construction (consent to
doctrine or rule found to be in violation of law in force

placed upon a statute continue practice)

Ratihabitio mandato aequiparatur (Legislative ratification is

Who may overturn case laws

1. SC sitting en banc

equivalent to a mandate.)

STARE DECISIS
Sec. 4(3), Art. VIII
" x x x No doctrine or principle of law laid down by the
court in a decision rendered en banc or in division may be
--Art. 8, CC

--Art. VIII, 1987 Constitution
modified or reversed except by the court sitting en banc."

SC decisions
- the decision of the Supreme Court applying or interpreting a

2. Legislature, through repeals or amendments

statute is controlling with respect to the interpretation of that

statute
- accorded greater weight than interpretations of the executive or

administrative officers in the construction of other statutes

Basis
g. the interpretation of a statute by the SC forms part of the
statute itself and of the legal system (ART. 8, CC)
h. the judiciary is that branch of government entrusted with the

duty of construing or interpreting the law

Stare decisis et non quieta movere (What has been settled

cannot be distrubed.)
- one should follow past precedents and should not disturb what
has already been settled
- a ruling of the SC as to the construction of a law should be
followed in subsequent cases involving similar facts and legal

issues

Purposes:
7. the rule rests on the desirability of having stability in law
8. the interest of the State demands that there be an end in

litigation

Requisites:
1. must be categorically stated on an issue expressly raised by
the parties; it must be a direct ruling

2. substantial similarity of the facts and legal issues

1. must be categorically stated on an issue expressly raised

by the parties; it must be a direct ruling