Alm1clm1 Mod2 Wk2 8augwk3 12aug

INTRO (ALM1&CLM1) – MODULE 2: Law and Its
Application [WEEKS 2&3 - 8&12 Aug 2019]

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MODULE 2
LAW AND ITS APPLICATION
WEEKS 2 & 3 – 8 & 12
August 2019
STATUTE DEFINED AND

DIFFERENTIATED FROM LAW
 What are ‘statutes’? - A Statute is an act

of the legislature, adopted pursuant to its constitutional
authority, by prescribed means and in certain form such
that it becomes the law governing conduct within its
scope. Statutes are enacted to prescribe conduct, define
crimes, create inferior governmental bodies, appropriate
public funds, and in general promote the public good and
welfare.
 ‘Statutes’ and ‘laws’ distinguished. –

The term “statute” has often been used interchangeably
with the term “law.” In our jurisdiction in particular, the
synonymous acceptation given is due to the fact that the
principal source of law is legislation. In a strict sense,
however, the two terms are not synonymous. It may be
said, by way of distinction, that all statutes are laws, but
not all laws are statutes.
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 A statute is defined as the written will of the

legislature rendered authentic by certain prescribed forms
and solemnities, prescribing rules of action of civil
conduct. Sometimes, the term also means a law directly
passed by the legislative body of the State. As a rule, it is
the product of the exercise of legislative power. On the
other hand, a law may have been the result of commonly
approved custom, practice or tradition, carried over for a
considerable period by precedent and laid down as a rule
of authority.
 Who makes laws? - Under the Constitution of
the Republic of the Philippines (1987), the legislative
power, or the power to propose, enact, repeal and amend
laws, "shall be vested in the Congress of the Philippines
which shall consist of a Senate and a House of
Representatives, except to the extent reserved to the
people by the provision of initiative and referendum ."
[Sec. 1, Article VI, The Constitution of
the Republic of the Philippines
(1987)].
 Laws or statutes are made by lawmakers in the

Philippine Legislature that is also called the Congress of
the Philippines. It is a bicameral body ( i.e., it has two
chambers or houses) consisting of the Senate (Upper
House), and the House of Representatives (Lower
House), although colloquially, the term “congress”
commonly refers to just the lower house.
 The Senate has 24 seats, half of which are

elected every three (3) years. Each senator, therefore,
serves a total of six (6) years. They cannot serve for
more than 2 consecutive terms. The senators are elected
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by the whole electorate and do not represent any

geographical district.
 The House of Representatives, on the other

hand, is currently composed of 306 congressmen. They
serve a 3-year term, and can be re-elected but cannot go
beyond 3 consecutive terms.
 There are two (2) types of congressmen: the
district and the sectoral representatives. All provinces in
the country are composed of at least one congressional
district. Several cities also have their own congressional
districts, with some composed of two or more
representatives.
 The sectoral congressmen represent the
minority sectors of the population. This enables these
minority groups to be represented in the Congress, when
they would otherwise not be represented properly through
district representation. Also known as party-list
representatives, sectoral congressmen represent labor
unions, rights groups, and other organizations.
 BRIEF PHILIPPINE LEGISLATIVE

HISTORY.
When our country was under American colonial

rule, the legislative body was the Philippine Commission
which existed from September, 1900 to October, 1907.
The President of the United States appointed the
members of the Philippine Commission. The Philippine
Bill of 1902 mandated the creation of a bicameral or a
two-chamber Philippine Legislature with the Philippine
Commission as the Upper House and the Philippine
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Assembly as the Lower House. This bicameral legislature

was inaugurated in October, 1907. Through the
leadership of then Speaker Sergio Osmeña and then
Floor Leader Manuel Quezon, the Rules of the 59th
Congress of the United States was substantially adopted
as the Rules of the Philippine Legislature. In 1916, the
Jones Law changed the legislative system. The Philippine
Commission was abolished, and a new bicameral
Philippine Legislature consisting of a House of
Representatives and a Senate was established. The
legislative system was changed again in 1935. The 1935
Constitution established a unicameral National Assembly.
But in 1940, through an amendment to the 1935
Constitution, a bicameral Congress of the Philippines
consisting of a House of Representatives and a Senate
was created. Upon the inauguration of the Republic of
the Philippines in 1946, Republic Act No. 6 was enacted
providing that on the date of the proclamation of the
Republic of the Philippines, the existing Congress would
be known as the First Congress of the Republic. The
1973 Constitution abolished the bicameral Congress and
created a unicameral Batasang Pambansa in a
parliamentary system of government. The 1987
Constitution restored the presidential system of
government together with a bicameral Congress of the
Philippines.
 WHAT ARE THE PARTS OF A STATUTE?
(a) Title – The title of the statute is the

heading on the preliminary part, furnishing the name by
which the act is individually known.
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 Example: “Philippine Medical

Technology Act of 1969.”
(b)Preamble – That part of the statute

explaining the reasons for its enactment and the objects
sought to be accomplished.
 Example: Preamble of the 1987

Philippine Constitution –
“We, the sovereign Filipino people,

imploring the aid of Almighty God,
in order to build a just and humane
society, and establish a
Government that shall embody our
ideals and aspirations, promote the
common good, conserve and
develop our patrimony, and secure
to ourselves and our posterity, the
blessings of independence and
democracy under the rule of law
and a regime of truth, justice,
freedom, love, equality, and peace,
do ordain and promulgate this
Constitution.”
(c) Enacting Clause – That part of the

statute which declares its enactment and serves to
identify it is an act of legislation proceeding from the
proper legislative authority.
 Example: "Be it enacted by the

Senate and House of
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Representatives of the Philippines

in Congress assembled."
(d)Body – The main and operative part of

the statute containing its substantive and even procedural
provisions. Provisos and exemptions may also be found
in the body of the statute.
(e) Repealing Clause – That part of

the statute which announces the prior statutes or specific
provisions which have been abrogated by reason of the
new law.
 Example: “SECTION XX.

Repealing Clause - All laws,
decrees, orders, rules and
regulations, other issuances, or
parts thereof inconsistent with the
provisions of this Act are hereby
repealed or modified accordingly.”
(f) Saving Clause – A restriction in a

repealing act, which is intended to save rights, pending
proceedings, penalties, etc., from the annihilation which
would result from an unrestricted repeal.
 Example: Section 10 of PD No.

855 (Prescribing the Standard
Ranks and Salary Rates for
Members of the Integrated National
Police) states:
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“Section 10. Saving Clause. The

rank and salary rates of the
Philippine Constabulary elements
of the Integrated National Police
shall remain as provided for in
existing laws, rules and
regulations.”
(g)Separability Clause – That part of

the statute which provides that in the event that one or
more provisions are declared void or unconstitutional, the
remaining provisions shall still be in force and effect.
 Example: “SECTION XX.

Separability Clause. - If any portion
or provision of this Act is declared
void or unconstitutional, the
remaining portions or provisions
thereof shall not be affected by
such declaration”.
(h)Effectivity Clause – This part of

the bill provides for the date when the law will take effect.
Effectivity dates depend on the nature and type of law
enacted.
 Simple laws usually take effect after fifteen (15)

days following the completion of their publication either in
the Official Gazette or in a newspaper of general
circulation pursuant to Article 2 of the Civil
Code.
 Other laws provide for their own dates of

effectivity such as the Local Government Code, to wit:
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 “SEC. 536. Effectivity Clause. -

This Code shall take effect on
January first, nineteen hundred
ninety-two, unless otherwise
provided herein, after its complete
publication in at least one (1)
newspaper of general circulation.”
 HOW ARE STATUTES REFERRED TO? –

Statutes may be referred to as an Act or Presidential
Decree or some other term. This indicates that the statute
was passed during a certain period, as follows:
 4,275 ACTS - Enactments from 1900-1935

 733 Commonwealth Acts - Enactments from
1935-1945
 2034 Presidential Decrees - Enactments from
1972-1985
 884 Batas Pambansa. - Enactments from 1979-
1985
 9335. Republic Acts - Enactments from 1946-
1972, 1987- April 2005
 During Martial Law, both President Marcos and
the Batasang Pambansa (Parliament) were issuing laws
at the same time in the form of Presidential Decrees (by
President Marcos) and Batas Pambansa (Parliament) .
 During Martial Law, aside from Presidential
Decrees, the President promulgated other issuances
namely: 57 General Orders, 1,525 Letters of Instruction,
2,489 Proclamations, 832 Memorandum Orders, 1,297
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Memorandum Circulars, 157 Letters of Implementation,

Letters of Authority, Letters of Instruction, 504
Administrative Orders, and 1,093 Executive Orders.
 The Presidential Decrees issued by Pres. Marcos
during Martial Law and the Executive Orders issued by
Pres. Aquino before the opening of Congress may be
classified as legislative acts for there was no legislature
during those two periods.
 Laws passed by the new 1987 Congress started
from Rep. Act No. 6636, as the last Republic Act
promulgated by Congress before Martial Law was Rep.
Act No. 6635.
 HOW ARE STATUTES ENACTED?
Some provisions in the 1987 Philippine

Constitution relating to the enactment of laws:
Sec. 26 (2), Art. VI. No bill

passed by either House shall
become a law unless it has
passed three readings on
separate days, and printed
copies thereof in its final form
have been distributed to its
Members three days before
its passage, except when the
President certifies to the
necessity of its immediate
enactment to meet a public
calamity or emergency. Upon
the last reading of a bill, no
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amendment thereto shall be

allowed, and the vote
thereon shall be taken
immediately thereafter, and
the yeas and nays entered in
the Journal.
Sec. 27 (1), Art. VI. Every

bill passed by the Congress
shall, before it becomes a
law, be presented to the
President. If he approves the
same, he shall sign it;
otherwise, he shall veto it
and return the same with his
objections to the House
where it originated, which
shall enter the objections at
large in its Journal and
proceed to reconsider it. If,
after such reconsideration,
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 other House by which
it shall likewise be
reconsidered, and if approved
by two-thirds of all the
Members of that House, it
shall become a law. In all
such cases, the votes of each
House shall be determined by
yeas or nays, and the names
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of the Members voting for or

against shall be entered in its
Journal. The President shall
communicate his veto of any
bill to the House where it
originated within thirty days
after the date of receipt
thereof; otherwise, it shall
become a law as if he had
signed it.
 An Overview of How a Bill

Becomes a Law. –
A. A bill may be introduced in the House of

Representatives or the Senate. A bill must relate to only
one subject matter which must be expressed in its title.
B. On FIRST READING, the title and

number of the bill is read, and then, it is referred to the
appropriate committee.
C. A committee studies the bill and

conducts hearings on it. Thereafter, a committee report is
prepared on the bill. A committee only prepares a report
on a bill it decides to recommend for approval by the
House. The committee report is read in open session,
and together with the bill, it is referred to the Rules
Committee. The Rules Committee can place the bill in the
Second Reading Calendar or in the Calendar of
Unassigned Business.
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D. On SECOND READING, a bill is

subject to debate and amendment before being placed in
the Third Reading Calendar for final passage. A bill must
undergo three (3) readings on three (3) separate days,
except when the President certifies a bill as urgent to
meet a public calamity or national emergency.
E. After its passage by one house, the bill

goes through the same process in the other house.
F. If amendments are made in one house,

the other house must concur. If a house has a
counterpart bill to a bill passed by the other house, and
these bills have conflicting provisions, a conference
committee composed of representatives of each house is
formed to harmonize the conflicting provisions.
Thereafter, if the conflicting provisions are harmonized, a
conference committee report is prepared for ratification or
approval by both houses.
G. When the bill is passed by both houses,

it is signed by their respective leaders and sent to the
President for approval.
H. Once received by the Office of the

President, the bill can take one of three routes:
 Approved. Once it is approved by the
President, it becomes a Republic Act and takes
effect after 15 days following the completion of
its publication in the Official Gazette or in a
newspaper of general circulation.
 Vetoed. The bill is returned to the originating
house with an explanation on why it was
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vetoed. The house can either accept the veto

or override it with a 2/3 (majority) vote, after
which it is essentially approved, and takes
 Lapsed into law. A bill is said to have
lapsed into law if the President fails to act on it
within 30 days after receiving the bill. It takes
EFFECTIVITY AND APPLICATION

OF LAWS
 DATE OF EFFECTIVITY OF LAWS.

 Under Article 2 of the New Civil Code,
“Laws shall take effect after fifteen (15) days following the
completion of their publication in the Official Gazette or in
a newspaper of general circulation, unless it is otherwise
provided.”
A. Why is publication imperative?

B. Do all laws need to be published? What kind of
laws need to be published? What issuances need not be
published?
C. The proviso of Article 2 of the Civil

Code states, "unless it is otherwise provided." – Does
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this clause refer to the date of effectivity? Does this

clause refer to the publication requirement itself?
C.1. Can Congress provide that a certain law

will take effect five days after its publication?
C.2. Can Congress provide that a certain law
will take effect 60 days after its publication?
C.3. What if Congress provides that a law shall
take effect immediately upon its approval, when will the
law become effective?
 The indispensability of the publication

requirement under Article 2 of the Civil Code as a
precondition to the effectivity of laws was laid to rest in
the landmark case of Tañada vs. Tuvera. This
case involved the issue as to when a law takes effect –
upon approval of the President or after publication. Due
process was invoked by the petitioners in demanding the
disclosure of a number of presidential decrees which they
claimed had not been published as required by law. The
government argued that while publication was necessary
as a rule, it was not so when it was “otherwise provided,”
as when the decrees themselves declared that they were
to become effective immediately upon their approval.
The Supreme Court held that publication is

indispensable, but the legislature may in its discretion
provide that the usual fifteen-day period shall be
shortened or extended. Moreover, the ponente of the
decision noted that it is not correct to say that under the
disputed clause publication may be dispensed with
altogether. The reason is that such omission would
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offend due process insofar as it would deny the public

knowledge of the laws that are supposed to govern it.
Further, the Court also stated that the conclusive

presumption that every person knows the law (Article
3, New Civil Code) presupposes that the law has
been published, if the presumption is to have any legal
justification at all. It is no less important to remember that
the Bill of Rights recognizes “the right of the people to
information on matters of public concern,” and this
certainly applies to, among others, and indeed especially,
the legislative enactments of the government.
The Supreme Court then held that all statutes,

including those of local application and private laws, shall
be published as a condition for their effectivity, which shall
begin fifteen days after publication, unless a different
effectivity date is fixed by the legislature. Covered by this
rule are presidential decrees and executive orders
promulgated by the President in the exercise of legislative
powers whenever the same are validly delegated by the
legislature or, at present, directly conferred by the
Constitution. Administrative rules and regulations must
also be published if their purpose is to enforce or
implement existing law pursuant also to a valid
delegation.
Finally, the High Court held that publication must

be in full or it is no publication at all since its purpose is to
inform the public of the contents of the laws.
In Fariñas vs. COMELEC, the Supreme

Court ruled that when the effectivity clause of a law
provides that it “shall take effect immediately upon its
approval,” it is defective. However, the same does not
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render the entire law invalid. In such case, the 15-day

rule on effectivity, after publication is complied with, shall
apply.
 Read the following cases in their original text:
 Tañada vs. Tuvera, G.R. No. L-

63915, April 24, 1985, 136 SCRA
27.
 Tañada vs. Tuvera, G.R. No. L-
63915, Dec. 29, 1986, 146 SCRA
446
 NEA vs. Gonzaga, G.R. No.
158761, Dec. 4, 2007.
 Fariñas vs. COMELEC, G.R.
No. 147387, Dec. 10, 2003, 417
SCRA 503.
 APPLICATION OF LAWS.  Each of

the different forms of law – customary law, case law, and
statute law – calls for a different manner of treatment
when the judicial organs of the state apply them to
concrete cases brought before them for decision. In the
case of customary law, it is necessary for the party
which avers that a custom governs the question before
the court to prove that such custom exists and possesses
all the qualities required of custom in order to be
recognized by the courts. A custom as a source of right
cannot be considered by a court of justice unless such
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custom is properly established by competent evidence

like any other fact. (Articles 11 & 12, NCC.)
With respect to case law, the courts in applying

a decision seek what is known as the ratio decidendi of
the decision. By this is meant the underlying principle of
the decision. This is the only part of the judgment which
constitutes an authoritative precedent. All other
statements in the decision are called obiter dicta. These
are not binding as precedent but have only a persuasive
effect. (Article 8, NCC.)
The application of statute law is a much

simpler matter because the law is expressed in the form
of definite rules. However, it often happens that a rule
established by the legislative organ of the state is not as
clear as it should be. The statute may be expressed in
terms which are ambiguous, inconsistent or incomplete.
In such cases, the courts have to resort to what is known
as statutory construction or interpretation. Since the
subject of interpretation of statutes is of great importance
in our jurisdiction, statutes being almost the exclusive
source of our law, the topic shall be considered at some
length in this module.
A. Meaning and applicability of the

maxim “ignorantia legis non excusat”.
(Art. 3, Civil Code.) –
 Conclusive presumption of
knowledge of laws. – By the maxim “ignorantia
legis non excusat” (ignorance of the law excuses no one
from compliance therewith) everyone is conclusively
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presumed to know the law. Furthermore, actual notice is

not required since constructive notice is sufficient.
Article 3 of the Civil Code is based on the
constructive notice that the provisions of the law are
ascertainable from the public and official repository where
they are duly published. While the presumption is very
far from reality, the same has been established because
of the obligatory force of law. Evasion of the law would
be facilitated, and the administration of justice defeated, if
persons could successfully plead ignorance of the law to
escape the legal consequences of their acts, or to excuse
non-performance of their legal duties. The rule is,
therefore, dictated not only by expediency but also by
necessity.
 Illustrative example: One accused of

violating the law prohibiting the capture of a Philippine
Eagle may not interpose the defense that “I did not
know that it is a crime to capture a
Philippine Eagle,” even if he were a poor farmer
living in a faraway forestland without access to broadcast
and print media. Without Article 2 of the Civil
Code, one can just imagine the difficulty on the part of
the government prosecutor in proving the guilt of the
accused.
 Laws covered. – The laws referred to

under Article 3 of the Civil Code are
those of the Philippine laws. There is no
conclusive presumption of knowledge of foreign laws.
Article 3 applies to all kinds of domestic laws,
whether civil or penal, substantive or remedial. However,
the application of the article is limited only to mandatory
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and prohibitory laws. It does not include those which are

merely permissive.
B. Prospectivity or irretrospectivity vs.

retroactivity of laws. – Prospectivity or
irretrospectivity of laws only mean that a law can only be
applied after its effectivity date, while retroactivity of laws
refer to the application of a law even before its effectivity
date except when it concerns vested rights. In short,
prospective laws look forward while retrospective laws
look backward.
 Illustrative example: LAW A

provides that it shall take effect after 30 days following
the completion of its publication on July 1, 2019. The law
became effective on August 1, 2019, and will continue to
take effect thereafter until it is repealed or struck down.
Here, LAW A is prospective in its application.
LAW B provides that it shall take effect

after 20 days following the completion of its publication on
July 1, 2019, and that it shall have a retroactive effect.
The law became effective on July 22, 2019, and will
continue to take effect thereafter, but the law shall also be
applied to things and events that have happened in the
past – i.e., prior to July 22, 2019. Here, LAW B is both
prospective and retroactive in its application, but its
retroactivity only comes into operation upon the effectivity
of the law itself, which is July 22, 2018.
 General rule. – Generally, laws are

to be applied prospectively. (Article 4, Civil
Code.) If the rule was that laws were retroactive, grave
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injustice would occur, for these laws would punish

individuals for violations of laws not yet enacted. While
ignorance of the law does not serve as an excuse, such
ignorance refers only to laws that have already been
enacted.
 Applicability to jurisprudence.
– The rule on prospectivity of laws applies to doctrines
laid down by the Supreme Court, or the so-called “judge-
made laws” or “case law.” Judicial decisions, though not
laws, are evidence, however, of what the law means, and
this is why they are part of the legal system of the
Philippines. (Article 8, NCC.) The interpretation
placed upon the written law by a competent court has the
force of law.

When judicial decisions
deemed part of the law. – The application and
interpretation placed by the Supreme Court upon a law
becomes a part of the law as of the date that law was
originally passed or enacted. This is so because the
Supreme Court’s application and interpretation merely
establishes the contemporaneous legislative intent that
the construed law purports to carry into effect. (See
People vs. Licera, G.R. No. L-39990,
July 22, 1975, 65 SCRA 270.)
 Ex post facto laws. – Under

Sec. 22, Article III of the 1987
Philippine Constitution, Congress is prohibited
from enacting ex post facto laws. Basically, an ex
post facto law is one which makes a previous act
criminal although it was not so at the time it was
committed. To be an ex post facto, the law must: (1)
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refer to criminal matters; (2) be retroactive in its

application; and (3) prejudicial to the accused.
 Penal Laws Favorable to

the Accused. – Penal laws shall have a retroactive
effect insofar as they favor the person guilty of a felony,
who is not a habitual delinquent, although at the time of
the publication of such laws a final sentence has been
pronounced and the convict is serving the same.
 The case of People vs.
Rolando Valdez (G.R. No. 12763,
March 11, 1999, 347 SCRA 594) is a good
example of the application of this principle. In this case,
the accused was found guilty by the trial court of two
crimes: (1) murder for which he was sentenced to suffer
the death penalty; and (2) illegal possession of firearms
and ammunition under P.D. No. 1866 for which he was
sentenced to suffer reclusion perpetua. The crime was
committed on September 1995. His conviction was
automatically reviewed by the Supreme Court. During
the pendency of the appeal, R.A. No. 8294 was enacted
by Congress, which became effective on June 21, 1997.
Under the amendatory law, the illegal possession or use
of firearm may no longer be separately charged and only
one offense should be punished, viz., murder in this case,
and the use of unlicensed firearm should only be
considered as an aggravating circumstance. Applying
Article 22 of the RPC, the Court ruled that R.A. No. 8294
should be applied retroactively in this case since it is
favorable to the accused. Thus, accused was found
liable only for murder and the illegal possession of firearm
was merely treated as an aggravating circumstance.
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C. Effectivity of Laws and Periods of

Time. – Article 13 of the Civil Code tells
how to apply the terms used in the law that refer to
periods of time. Since the effectivity of laws commences
at a specific point in time and may also terminate
particularly in one, the beginning and ending of the
effectivity of a law becomes crucial. When an act that is
legal is declared criminal, then every citizen will have to
be aware when such act begins to be so. If the law
grants a benefit which may be availed of within a limited
period, when such benefit can no longer be claimed
becomes a critical concern of the intended beneficiary.
 Legal periods in Article 13. –

Article 13 of the Civil Code provides:
ART. 13. When the laws

speak of years, months, days
or nights, it shall be
understood that years are of
three hundred sixty-five days
each; months, of thirty days;
days, of twenty-four hours;
and nights from sunset to
sunrise.
If months are designated
by their name, they shall be
computed by the number of
days which they respectively
have.
In computing a period, the
first day shall be excluded,
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and the last day included.

(7a)
 Legal periods in E.O. No. 292. –

Subsequent to the effectivity of the New Civil Code, the
Administrative Code of 1987 (E.O. No. 292,
issued July 25, 1987) was enacted. Section
31, Chapter VIII, Book I thereof provides:
Section 31. Legal
Periods. “Year” shall be
understood to be twelve
calendar months; ”month” of
thirty days, unless it refers to
a specific calendar month in
which case it shall be
computed according to the
number of days the specific
month contains; “day”, to a
day of twenty-four hours and;
“night” from sunrise to
sunset.
 Computing periods. – In
computing a period, the first day is excluded while the last
day is included. (Article 13, NCC.)
 Example: A defendant in an
ordinary civil case is given, under the rules, a period of
fifteen days to file his Answer to a Complaint counted
from the receipt of the summons. If the summons is
received by defendant on March 1, the day of the receipt
of the summons being excluded in the counting of the
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fifteen-day period, the fifteen-day period will therefore

expire on March 16.
 Implied repeal of Article 13

by Section 31. – For purposes of computing the
legal period, Article 13 has already been impliedly
repealed by the Administrative Code of 1987 insofar as
the definition of “year” in Article 13 is concerned. As ruled
by the Supreme Court in CIR vs. Primetown
Property, Inc., G.R. No. 162155,
August 28, 2007, 531 SCRA 446:
“A calendar month is a “month
designated in the calendar without regard to
the number of days it may contain.” It is the
“period of time running from the beginning of
a certain numbered day up to, but not
including, the corresponding numbered day of
the next month, and if there is not a sufficient
number of days in the next month, then up to
and including the last day of that month.” To
illustrate, one calendar month from December
31, 2007 will be from January 1, 2008 to
January 31, 2008; one calendar month from
January 31, 2008 will be from February 1,
2008 until February 29, 2008.”
Xxx xxx
xxx
“Both Article 13 of the Civil Code and
Section 31, Chapter VIII, Book I of the
Administrative Code of 1987 deal with the
same subject matter – the computation of
legal periods. Under the Civil Code, a year is
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equivalent to 365 days whether it is a regular

year or a leap year. Under the Administrative
Code of 1987, however, a year is composed
of 12 calendar months. Needless to state,
under the Administrative Code of 1987 the
number of days is irrelevant.”
 Six months is 180 days. – N.

Paras was hired by Mitsubishi Motors Philippines
Corporation (Mitsubishi) on May 27, 1996. On November
26, 1996, Paras received a notice of termination dated
November 25, 1996 informing him that his services were
terminated effective the said date since he failed to meet
the required company standards for regularization. Paras
claims that he was already a regular employee when he
was terminated; hence, his termination should be only for
lawful cause. Mitsubishi counters that since Paras’
probationary employment commenced on May 27, 1996,
said employment expired on November 27, 1996; hence,
the termination of his employment was made within the
six-month probationary period. In resolving the issues in
this case, the Supreme Court ruled, inter alia, that:
“Applying Article 13 of the Civil Code,

the probationary period of six (6) months
consists of one hundred eighty (180) days.
This is in conformity with paragraph one,
Article 13 of the Civil Code, which provides
that the months which are not designated by
their names shall be understood as consisting
of thirty (30) days each. The number of
months in the probationary period, six (6),
should then be multiplied by the number of
26
days within a month, thirty (30); hence, the

period of one hundred eighty (180) days.
“As clearly provided for in the last

paragraph of Article 13, in computing a period,
the first day shall be excluded and the last
day included. Thus, the one hundred eighty
(180) days commenced on May 27, 1996, and
ended on November 23, 1996. The
termination letter dated November 2, 1996
was served on respondent Paras only at 3:00
am. of November 26, 1996. He was, by then,
already a regular employee of the petitioner
under Article 281 of the Labor Code.
(Mitsubishi Motors Philippines
Corporation vs. Chrysler
Philippines Labor Union, G.R.
No. 148738, June 29, 2004,
433 SCRA 206.)
 3:00 a.m. is nighttime. – A

crime committed at 3:00 in the morning is, being
committed before sunrise, one committed at nighttime, an
aggravating circumstance. (People of the
Philippines vs. Garcia, G.R. No. L-
30449, October 31, 1979, 94 SCRA
14.)
C.1. Assume that a law mandates the filing of

an action within ten (10) years from January 5, 2019.
When is the last day to file the action, if it should be filed
within the prescriptive period of ten (10) years?
27
C.2. On March 1, 2019, Debbie borrowed

P100,000.00 from Carlos payable within ten (10) months.
When is the last day for Debbie to pay the P100,000.00
to Carlos?
C.3. Assume that the parties are given 15 days

from receipt of an adverse decision of the trial court within
which to file an appeal to the Court of Appeals. If a copy
of the decision is received by the losing party on August
1, 2019, when is the last day to appeal?
D. Theory of territoriality and

generality. – We adhere in the Philippines to that
doctrine in criminal law known as the “theory of
territoriality” which is stated in Article 14 of
the Civil Code, to wit: “Penal laws and
those of public security and safety
shall be obligatory upon all who live or
sojourn in Philippine territory, subject
to the principles of public
international law and to treaty
stipulations.” Therefore, any person, whether
citizen or alien, can be punished for committing a crime
here. Thus, the technical term “generality” came into
being. It means that, as a rule, our criminal law is binding
on all persons who live or sojourn in Philippine territory,
whether citizen or alien. This is because aliens owe
some sort of allegiance even if it be temporary.
 Illustration of “territoriality”
principle – In Mexico, use of marijuana is not a crime.
If Raoul, a Mexican, uses marijuana in Manila, he will be
prosecuted for illegal use of prohibited substances even if
28
the use of marijuana is not punishable as an offense in

Mexico, Raoul’s place of nationality. If the act is
punishable where committed, the malefactor shall be
punished.
 Illustration of “generality” principle

– Joe, an American citizen residing in the Philippines,
killed a Filipino in Manila. Prosecuted for the crime of
homicide, Joe cannot interpose the defense that being an
American citizen, he is not bound by Philippine laws.
E. Principle of nationality. – Article 15

of the Civil Code provides: “Laws relating
to family rights and duties or to the
status, condition and legal capacity of
persons are binding upon citizens of
the Philippines, even though living
abroad.” Article 15 is a rule of private
international law, or a conflicts rule, containing as it does
a reference to a foreign element, such as a foreign
country. It stresses the principle of “nationality.”
 Illustration of “nationality” principle

– Article 68 of the Family Code provides
that “the husband and wife are obliged to live together,
observe mutual love, respect and fidelity, and render
mutual help and support.” Suppose, Maria and Jose,
Filipino couple, are residing in Switzerland. Assuming
that under Swiss laws, the spouses are not obliged to
support each other. By the principle of “nationality”, since
Maria and Jose are both Filipinos, they are still governed
by the Family Code even though they are living abroad.
Hence, the spouses are obliged to support each other.
29
 COURT’S DUTY TO DECIDE

EVERY CASE.  A judge cannot decline to
render judgment by reason of the silence, obscurity or
insufficiency of the laws. (Article 9, New Civil
Code.) In other words, whether or not he knows what
law shall be applied, the judge must decide the case
assigned to him one way or the other. In so doing, he has
only his sense of justice to assist him, one that results
from the totality of the knowledge he has acquired
throughout the years of his existence.
 In case of silence, obscurity or
insufficiency of the laws, a judge may still be
guided by the following:
 Customs which are not contrary to law,
public order or public policy;
 Court decisions, foreign or local, in similar
cases;
 Legal opinions of qualified writers and
professors;
 General principles of justice and equity;
and
 Rules of statutory construction
 Can courts legislate? – Our government

is divided into three great departments, namely: the
executive, the legislature, and the judiciary. By the
doctrine of separation of powers, each
department cannot encroach into the respective domain
30
of the other. These departments are made separate and

distinct because of the corrupting nature of power.
Hence, the legislature cannot undertake the execution of
the law. Neither can the executive legislate substantial
law. The judiciary is tasked with resolving legal
controversies and interpreting statutes. In this sense, the
judiciary cannot legislate.
In another context, the judiciary may be said to
engage in judicial legislation for two reasons: First,
because judicial decisions form part of the legal system
and have the force of law. Second, judges are
authorized to render judgment even in the absence,
obscurity, or insufficiency of the laws, and such judgment
becomes part of the law of the land.
 Does Article 9 apply to criminal

cases? – In criminal cases, however, it is an established
rule that there is no crime when there is no law punishing
it – Nullum crimen, nulla poena sine lege. If
there is no law, therefore, which punishes an act
complained of, the judge must dismiss the case. This, in
reality, is equivalent to a judicial acquittal.
 INTERPRETATION OF STATUTES.
–
A. Statutory construction
defined. – Statutory construction is the act or
process of discovering and expounding the meaning the
intention of the authors of the law with respect to its
application to a given case, where that intention is
31
rendered doubtful, among others, by reason of the fact

that the given case is not explicitly provided for in the law.
B. ‘Construction’ distinguished
from ‘interpretation’ – ‘Construction’ and
‘interpretation’ have the same purpose, and that is to
ascertain and give effect to the legislative intent. A
distinction, however, has been drawn between
‘construction’ and ‘interpretation’. One who interprets
makes use of intrinsic aids or those found in the statute
itself, while one who constructs makes use of extrinsic
aids or those found outside of the written language of the
law. Based on this distinction, the basic rule therefore is
– ONE MUST INTERPRET FIRST BEFORE HE
CONSTRUES. In other words, in trying to ascertain the
legislative intent, courts should first be guided by intrinsic
aids, or those found in the law itself. If the legislative
intent could be ascertained by merely making use of
intrinsic aids, there is no need to make use of extrinsic
aids, or those found outside of the written language of the
law.
 Intrinsic aids are any of the following:
title, preamble, words, phrases and sentences context;
punctuation; headings and marginal notes; and legislative
definitions and interpretation clauses. All of these are
found in the law itself.
 Extrinsic aids may consist of
contemporaneous circumstances, policy, legislative
history of the statute, contemporaneous or practical
construction, executive construction, legislative
construction, judicial construction, and construction by the
bar and legal commentators.
32
C. Object or purpose of
interpretation and construction. – The object
of all interpretations is to ascertain the true meaning and
the will of the legislature. By its very nature, the art of
interpretation properly belongs to the province of the
judiciary. While the function of interpreting and
constructing the law belongs to the judiciary, the
executive and legislative departments of the government,
are not, however, precluded from making their own
interpretation. The courts, cannot, under the guise of
interpretation, enact laws by constructing statutes
differently from their intended meaning.
D. When is it necessary to
interpret and construct? –
 When necessary. – It is
necessary to interpret or construct when any of the
following reasons exists:
 When the language of the statute is ambiguous,

doubtful or obscure when taken in relation to a set of
facts; and
 When reasonable minds disagree as to meaning of
the language used in the statute.
 When not necessary. – It is not

necessary to interpret or construct when the law speaks
in clear and categorical language. The duty of the court,
in such a case, is to APPLY THE LAW, NOT TO
INTERPRET.
E. Some basic rules in statutory
construction. – There are many rules of statutory
33
construction, but in order not to saddle and confuse the

beginner in the study of law, it is enough in the meantime
to know the most basic rules, namely:
 When the law and its meaning is clear and
unmistakable, there is no need to interpret it any
further;
 When construction or interpretation is necessary, the
court should interpret the law according to the
meaning the legislature intended to give it;
 If there are two possible interpretations of a law, that
which will achieve the ends desired by Congress
should be adopted;
 Laws of pleading, practice and procedure are likely
liberally construed in order to promote their object
and to assist the parties in obtaining just, speedy and
inexpensive determination of every action and
proceeding; and
 In case of doubt in the interpretation and application
of laws, and when all other rules of statutory
construction fail, it is presumed that the lawmaking
body intended right and justice to prevail.
REMINDERS:
1. Please memorize the following

articles in the Civil Code: 2, 3, 14,
and 15.
2. You will know if a case is required
to be read in its original text if you
see this sign -  .
34
*** END ***
HAPPY READING &

LEARNING! 
SOURCES of NOTES:
The discussions outlined in this

module have been collectively lifted
from the cases cited and
commentaries made by the authors
in the references cited below:
1. David Robert C. Aquino. Introduction to Law

(Quezon City: Central Book Supply, Inc., 2017).
2. Virgilio P. Alconera. Law, Persons and Family
Relations (Quezon City: Central Book Supply, Inc.,
2010).
3. Rodelio T. Dascil. Threshold to the Legal
Profession: An Introduction to Law (Manila: Rex Book
Store, 2013).
4. Melquiades J. Gamboa. An Introduction to
Philippine Law (Quezon City: Central Lawbook
Publishing Co., Inc., 1969).
5. Ruperto G. Martin. Introduction to Philippine
Laws (Manila: Premium Book Store, 1986).
6. Edgardo L. Paras. Civil Code of the Philippines,
Vol. I (Manila: Rex Book Store, Inc., 2002).
35
7. Elmer T. Rabuya. The Law on Persons and

Family Relations (Manila: Rex Book Store, Inc., 2006).
8. Melencio S. Sta. Maria, Jr. Persons and Family
Relations Law (Manila: Rex Book Store, Inc., 2015).
9. Rolando A. Suarez. Introduction to Law (Manila:
Rex Book Store, Inc., 2017).
“Success depends upon previous preparation,

and without such preparation there is sure to be failure.”
Confucius

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INTRO (ALM1&CLM1) – MODULE 2: Law and Its

Application [WEEKS 2&3 - 8&12 Aug 2019]

STATUTE DEFINED AND

 What are ‘statutes’? - A Statute is an act

 ‘Statutes’ and ‘laws’ distinguished. –

 A statute is defined as the written will of the

 Laws or statutes are made by lawmakers in the

 The Senate has 24 seats, half of which are

by the whole electorate and do not represent any

 The House of Representatives, on the other

 BRIEF PHILIPPINE LEGISLATIVE

When our country was under American colonial

Assembly as the Lower House. This bicameral legislature

 WHAT ARE THE PARTS OF A STATUTE?

(a) Title – The title of the statute is the

 Example: “Philippine Medical

(b)Preamble – That part of the statute

 Example: Preamble of the 1987

“We, the sovereign Filipino people,

(c) Enacting Clause – That part of the

 Example: "Be it enacted by the

Representatives of the Philippines

(d)Body – The main and operative part of

(e) Repealing Clause – That part of

 Example: “SECTION XX.

(f) Saving Clause – A restriction in a

 Example: Section 10 of PD No.

“Section 10. Saving Clause. The

(g)Separability Clause – That part of

 Example: “SECTION XX.

(h)Effectivity Clause – This part of

 Simple laws usually take effect after fifteen (15)

 Other laws provide for their own dates of

 “SEC. 536. Effectivity Clause. -

 HOW ARE STATUTES REFERRED TO? –

 4,275 ACTS - Enactments from 1900-1935

Memorandum Circulars, 157 Letters of Implementation,

 HOW ARE STATUTES ENACTED?

Some provisions in the 1987 Philippine

Sec. 26 (2), Art. VI. No bill

amendment thereto shall be

Sec. 27 (1), Art. VI. Every

of the Members voting for or

 An Overview of How a Bill

A. A bill may be introduced in the House of

B. On FIRST READING, the title and

C. A committee studies the bill and

D. On SECOND READING, a bill is

E. After its passage by one house, the bill

F. If amendments are made in one house,

G. When the bill is passed by both houses,

H. Once received by the Office of the

vetoed. The house can either accept the veto

EFFECTIVITY AND APPLICATION

 DATE OF EFFECTIVITY OF LAWS.

A. Why is publication imperative?

C. The proviso of Article 2 of the Civil

this clause refer to the date of effectivity? Does this

C.1. Can Congress provide that a certain law

 The indispensability of the publication

The Supreme Court held that publication is

offend due process insofar as it would deny the public

Further, the Court also stated that the conclusive

The Supreme Court then held that all statutes,

* END *