RULES/DOCTRINE/MAXIM
ARTICLE III
TITLE – every bill shall embrace only
one subject which shall be expressed
in the title
Preamble – may restrict what
otherwise appears to be a broad
scope of a law
Context of the whole text – intention
must be ascertained from the whole
text and every part of the act
Punctuation marks – aids of low
degree and can never control against
intelligible meaning of written
words; not part of statute or the
English language
Semicolon – indicate separation
Comma – divide sentences and its
parts
Capitalization of letter – aid of low
degree
Headnotes and epigraph – not
intended to much weight; statute are
divided into several subjects having
appropriate headings they are
controlling upon the subject
Lingual text unless otherwise
provided, statute is officially
promulgated in English and Spanish
shall govern but in case of ambiguity
the Spanish text can be consulted to
explain the English text
RESTRICTIONS
IN GENERAL
Not resorted when statute is clear
resorted to remove doubt not to
create it
if chapter or section heading has
been inserted merely for
convenience or reference, and
not as integral part of the statute
EXAMPLE
Ebarle v Sucaldito – EO 264
Issue: “ outlining the procedure by which
complaints charging govt official and
employees with commission of irregularities
shld be guided”
Ruling: this only applies to admin cases and
not to criminal complaints
City of Baguio v Marcos
Issue: 40 year period to file for re-opening of
cadastral preceeding ( RA 931) date it is filed
or on the date the decision became final
Ruling:
People v Purisima
Issue: PD 9 that penalizes carrying of bladed
weapons
Ruled: pursuant to the preamble the events
that led to the enactment is the state of
martial law wherein subversion etc is
prominent
People v Echavez
Issue: PD 772 squatting of rural agricultural
lands be punishable
Ruling: it only applies to urban area to prevent
illegal construction in squatter areas
Nera v Garcia
Issue: “if the charge against such subordinate
or employee involves dishonesty, oppression,
or grave misconduct or neglect in the
performance of duty”
Ruling: preventive suspension for the grounds
of grave misconduct or neglect of duty should
be done during the performance of duty
Unabia v City Mayor
Issue: “Civil Service (group) and civil service
(system)”
People v Yabut
Issue: Art 160 of RPC – Commission of another
crime xxx previous offense
Ruling: cannot limit the text to mean that the
crime committed should be different from the
old one
Intent/spirit of the Law – leading star Court cannot by interpretation Manila Race Horse Trainers Assn v De la
and guiding light in the application speculate as to an intent and Fuente
and interpretation of a statute supply a meaning not found in the For what is within the spirit is within the
phraseology of the law statute although it is not within the letter
thereof, and that which is within the letter but
not within the spirit is not within the statute.
Policy of law – should be given effect Tinio v Francis
by the judiciary Issue: homestead law when to start counting
for the 5 year period
Ruling: date of issuance of the grant or date an
order for the issuance of the patent
Purpose of the Law – object to be Courts cannot assume some
accomplished, the evils to be purpose in no way expressed
remedied, purpose to be subserved
and shld give the law a reasonable or
liberal construction which will best
effectuate its purpose
Dictionaries – where the law does
not define the words used in a staute
and the legis has not intended a
yechnical or special legal meaning
Consequences of various
interpretation – the objective should
be shld always be arrive at a
reasonable and sensible int that is in
full accord with the intent
- A construction of the statute
shld be rejected that will
cause injustice or hardship,
result in absurdity, defeat
legis intent , render
words/phrases a surplusage,
nullify or makes its provision
nugatory
Presumption based on logic and
common sense and in the absence of
compelling reasons to the contrary,
doubts as to the proper and correct
construction will be resolved in favor
with the presumption of the matter
LEGISLATIVE HISTORY
Legislative history refers to all its
antecedent from the inception until
its enactment into law
President’s msg to legis usu contains
proposed legis measures
Explanatory notes short exposition of May not be used as basis for
explanation accompanying a giving satute a meaning that is
proposed legis by its author or inconsistent with what is
proponent expressed in the statute
Mere expression of the author’s
views and reason cannot override
legis intent
Legis debates, views and 1. Where ther are
deliberations circumstances indicating
a meaning of a statute
other than that
expressed by the legis
2. Where the views
expressed were
conflicting
3. Intent deducible from
such views are not clear
4. Statute is free from
ambiguity
Reports of commission – report of
the commission that drafted the
code in aid of clarifying ambiguities
Prior laws where statutes are based
Change in phraseology in
amendments
Amendment by deletion
Adopted statutes – local rules
patterned or copied from those of
another country the decisions of the
court in construing those laws are
entitled to great weight in
interpreting the local law
Deleted words applies to statute
provided that thay are not
surplusage or when the intention
to is clear to change the previous
meaning of the old law
Condensation is a necessity in the
work of compilation or
codification or revision
The foreign construction is clearly
erroneous or has not become
settled , or has the adopting state
has given the statute its own
interpretation
People v Manantan
Issue: Sec 54 of Revised Election Code “no
justice, judge, fiscal, treasurer or assessor of
any province xxx shall aid any candidate or
exert any influence in any election
Sec 49 of Revised Admin Code “no judge of FI,
justice of peace, treasurer…
Ruling: judge is generic and broead term
Director of Lands v Abaya Issue: when to count
the 10 year period
Ruling: date of institution of the judicial
proceeding not from the date of judgment
based on 4 previous laws on the subj
Salaysay v Castro
Issue: interpretation of phrase “actually
holding” in the provision “any elective
provincial xxx running for an office, ither than
what he is actually holding, shall be considered
resigned from his office xxxx filing of his
candidacy”
Sec 2 Commonwealth Act no 666
Ruling: this does not cover a vice mayor acting
as a mayor bec of temporary disability of the
regular incumbent bec he acts only in a
temporary, provisional capacity.
Commissioner of Customs v CTA
Issue: a vessel wc berths at a privately owned
wharf or pier, is liable for payment of the
berthing charge under Sec 2901 on Tariff and
Customs Code as amended by PD 34 that
states vessel berthing at any natl port shall pay
berthing fees
Ruling: only vessels berthing at natl ports (as
distinguished from private or muni ports) are
liable for berthing fee
Gloria v CA
Issue: whether a public employee who was
preventively suspended pending investigation
of the admin charges is entitled to his salary
and other benefits during the said suspension
Ruling: SC Act 1958 (RA 2260) “shall be
restored to his position with full pay for the
period of suspension” amended by deleting
the provision regarding the payment salaries
during suspension
Buenaseda v Flavier
Issue: proper interpretation of Sec 24 RA 6770
“Ombudsman or his Deputy may preventively
suspend any officer or employee under his
authority pending an investigation
Ruling: the deletion of the word subordinate
means to empower the Ombudsman to
preventively suspend all officials and
employee under investigation by his office ,
irrespective of whether they are employed in
his office or in other office of the govt
Principles of common law – courts
may resort to common law in
construing doubtful provisions of a
statute part where such statute is
modeled upon Anglo-American
precedents
Conditions at the time of enactment
– consider the physical conditions of
the country and the circumstances
then obtaining which must of
necessity affect its operation in order
to reach an understanding as to the
intent of the legis
History of times
Contemporary construction – placed
upon statutes at the time of, or after,
their enactment by the executive,
legislature or judicial authorities as
well as by those who, because of
their involvement in the process of
legis are knowledgeable of the intent
and purpose of the law, such as
draftsmen and sponsors
The contemporary construction is
the strongest of the law
Reasons it is given much wt:
1. Comes from particular
branch of the govt
2. Exec officials are presumed
to have familiarized
themselves with all the
considerations pertinent to
the meaning and purpose of
the law , and to have form
an independent,
conscientious, and
competent expert opinion
Executive construction ( rules and
regulations, circulars, directives,
opinions and rulings)
1. Construction by an executive
officer directly called to
implement the law
2. Construction by the sec of
Justice in his capacity as the
chief legal adviser of the gov
3. Interpretation handed down
in an adversary proceeding
in the form of a ruling by
executive officer exercising
quasi-judicial power
Where there is doubt to the proper
interpretation, the uniform
construction placed upon it by the
Exec or Admin officer charged with
its enforcement will be adopted
Weight accorded to usage and
practice – best interpreter of the law
is its usage
When there is conflict with
common law and stat provisions
the LATTER prevails
Commissioner of Customs v Caltex
Issue: whether a petroleum concessionaire is
entitled tax exemption even if the crude
petroleum it refines is imported
Ruling: tax exemption may be extended should
the concessionaire refine crude petroleum
produced in the Phil
CONTEMPORARY CONSTRUCTION
When disregarded:
1. No ambiguity in the law
2. Clearly erroneous ( does
notpreclude corrections
nor create rights
Exceptions: in the
interest of justice and fair
play
3. Strong reason to the
contrary exist
4. Cort has given a
previously different
interpretation
Nestle v CA
Asturias sugar central v commissioner of
customs
Philippine Sugar Central v collector of Customs
Issue: govt can legally collect charge for a
wharfage
Ruling: for 26 years the government don’t own
or operated a wharf but is already collecting
taxes, now it already have its own wharf and
has spent millions for its construction. Thus,
the govt is entitled to receive the money in
question even if it is shipped from a private
wharf
Manila Jockey Club v Games and Amusement
Board
Statute granted the PCSO addtl regular racing
days, at that time it has been a long and
continuous practice all sweepstakes draws and
races were held on Sundays the whole day
The statute does not mention when will be the
additional race be done

Legislative Interpratation
1. May provide an
interpretative or declatory
cause
2. Define the terms used in the
statute
3. Implied acquiescence to, or
approval of an exec or
judicial construction
Legislative approval
1. Reenacts a statute
previously given a
contemporaneous
construction
2. Uses words similar in their
import to the lang
3. Amends a prior statute
Reenactment – accorded with
greater wt and respect than the
contemporaneous construction of
the statute before its ratification
- Agreement bet 2 dept (Exec
and legis) to the meaning of
the law
Stare decisis – past decisions of the
court be followed in the adjudication
of cases
Obiter dictum – opinion expressed
by the court upon some question wc
is not necessary to the decision of
the case ; not binding as a precedent
Literal Meaning or plain meaning
rule (verba legis)
Dura lex sed lex
Statute must be capable of
interpretation otherwise inoperative
- Depart from the language of
the statute if it will enable to
Held: the statute does not intend to disturb
the prevailing practice thus it shld not be
construed as to change the practice
1. If contrary to the law
must be abandoned
2. Conflict between
precedent and the law
3. Violation of the law in
force
Only the SC decisions should take
bearing
ARTICLE IV
LITERAL INTERPRETATION
National Federation of Labor v NLRC
Issue: whether or not an employer that was
compelled to cease its operation bec of
compulsory acquisition by the gov is liable for
separation pay to its employees
Art 283: employer may also terminate the
employment of any employee for reasons by
serving notice thereof and paying separation
pay to affected employees
Ruling: employees are not entitled to such
separation pay. The provision is permissive
nly, the employees are entitled to separation
pay if the closure is on the employer’s
discretion but on this case it is by the
compulsory acquisition of the gov
Equity is available only in the
absence of the law and not its
replacement
- Justice outside legality; it
cannt supplant although
it may supplement the
law
- Equity never acts in
contravention of the law
DEPARTURE FROM LITERAL INTERPRETATION
- Courts cannot supply a Santiago v COMELEC
meaning not found in the Issue: whether RA 6735bis an adequate
phraseology statute to implement Sec 2 Art XVII of the
1987 Consti
 effectuate legis intent and
purpose
Inoperative statute – totally fails to
express a meaning, a becoming
sense of judicial modesty forbids the
court from assuming and
consequently from supplying a
meaning thereto
What is within the spirit is within the
law ( ratio legis)
The spirit or intention of a statute
prevails over the latter, and what is
within the spirit of a statute is within
the statute although it is not within
the letter thereof, while that which is
within the letter but not within the
spirit of the statute is not within the
statute
Literal import must yield to intent
Words ought to be more subservient
to the intent and no the intent to the
words especially when adherence to
the letter would result in absurdity
and injustice
Construction to accomplish purpose
– shld be construed in the light of the
object to be achieved and the evil or
mischief to be suppressed
- Shld be construed so as not
to defeat bu to carry out
such ends and purposes
On People’s Initiative
Ruling: RA 6735 is inc, inadequate or wanting
in essential terms and conditions insofar as
initiative on amendments to the Consti
The decision arrived from the strict and literal
rather that liberal construction of the law, that
interpretation that will give the thing efficacy
is to be adopted, as well as the rule that
provisions on initiative should be liberally
construed to effectuate their purposes, to
facilitate and not to hamper the exercise of
voters
Applies only when there is
ambiguity in the language
King v Hernandez
Issue: Chinese may be employed in a
noncontrol position in a retail establishment, a
wholly nationalized business under RA 1180
Ruling: when the law says that you cannot
employ an alien in any position pertaining to
the management, operation, admin, or ctrl
whether as an officer, employee, or laborer
therein, it only means one thing: the
employment of a person who is not a Filipino
citizen even a minor or clerical or nonctrl
position is prohibited. For the purpose of the
provision is to completely eliminate any
chance of the an alien to perform evil designs
Sec 2A of Commonwealth Act 108 ( Anti-
Dummy Law)
Bustamante v NLRC
Issue: method of computing the backwages to
wc an illegally dismissed employee would be
entitled until his actual reinstatement
1. To be deducted from the amount if
backwages is the eranings elsewhere
during the period of illegal dismissal
2. Amount of backwages is fixed without
deductions or qualifications but
limited to not more than three years
3. Full backwages or without deductions
from the time the labrer’s
compensation was withheld until his
actual reinstatement
Ruling: RA 6715 amended Art 279 as follows:
an employee who is unjustly dismissed from
work shall be entitled to the reinstatement
withot loss of seniority rights and other
privileges and to his full backwages inclusive of
allowances, and to his other benefits or their
monetary equivalent computed from the time

When reason of the law ceases, the
law itself ceases – the reason wc
induced the legis to enact a law is
the heart of the law
This could happen when the the
purpose of the state sought to be
achieved by it is accomplished,
repressed and prevented
Supplying legis omission – make
statute conform to the obvious
intent of the legis or to prevent the
act from being absurd
Correcting clerical errors – may
correct clerical errors, mistakes or
misprints wc if uncorrected would
render the statute meaningless,
empty or nonsensical so long as the
meaning intended is apparent on the
face of the whole enactment and no
specific provision is abrogated
Construction to avoid absurdity –
where there is ambiguity such
interpretation as will avoid
Court cannot supply what he thiks
the legis would have supplied
merely endeavoring to rectify or
correct clerical error in the
wording of the law
his compensation is withheld from him to the
time of his actual reinstatement
Pines City Educ Center
Us v Toribio
Issue: slaughter of a large cattle outside of the
muni slaughterhouse without a permit by the
muni treasurer is prohibited
under Sec 30 and 33 of Act 1147 – no large
cattle shall be slaughtered or kill for food at
the muni slaughterhouse except upon permit
secured from the muni treasurer and any
person slaughtering or causing to be
slaughtered for human consumption any large
cattle except upon permit secured from the
muni treas shall be punished
ruling: the purpose of the provision is to
protect large cattle against theft and to make
easy recovery and return of such cattle to their
owners, when lost, strayed or stolen
Bacobo v Estanislao
Issue: libel case is under the RTC and MTC
Ruling: confers juris in RTC to where libel was
first published or offended party actually
resides for the purpose of preventing
inconvenience or even harassment to the
accused of libel as to avoid impairment of the
consti rt to freedom of speech and press
People v almuete
Issue: tenant who prepared or prethresehed
palay without the consent of the landlord
violationof the Agri Tenancy Act howver this is
replaced with Agri Land Reform Code that
states: leasehold system, the lessee is
obligated to pay a fixed rental prescribed by
the code thus prethreshing is no longer
prohibited
Commendador v DeVilla
Issue: PD 39 ( withdrew the rt to peremptorily
challenge members of a military tribunal) had
been rendered inoperative by Proc No 2045
proclaiming the termination of a state of
martial law
Ruling: applying cessante ratione legis, cessat
et ipsa lex
Rufino Lopez & sons Inc v Court of Tax Appeals
Changing Collector of customs to commission
of customs
The commissioner has supervision and ctrl
over collector of customs and the decision f
the later are reviewable by the former
Lamp v Phipps
Changing the word courts into course
Farinas v Barba
IssuE: who has the appointing power to fill
vacancy created by the sanggunian member
who did not belong to any political party
Local chief executive has the power however
the court deemed it necessary to chage it to
authorities concerned to inc Pres, Gov, mayor
p149
inconvenience and absurdity is to be
adopted
Construction to avoid injustice – p153
presume[tion is that in enacting a people v Purisima
law , the legis did not intend to work
a hardship or an oppressive result, a
possible abuse of authority or act of
oppression
Construction to avoid danger to The declaration that all laws and processes
public interest – well established rule during the Japanese occupation of the country
that were great inconvenience will are null and void – embracing this declaration
result, or great public interest will be will endangered and sacrificed, for disputes or
endangered or sacrificed, or great suits already adjudicated would have to be
mischief done, from a particular again settled, accrued or vested rights nullified
construction of a statute, such
construction should be avoided
Construction in favor of right and P158
justice
Superfluity and surplusage P159
disregarded – where a word, phtrase
or clause in a statute devoid of
meaning in relation to the context or
intent of the statute or where it
renders a meaning that nullifies the
statute, or where it suggests a
meaning that nullifies the statute or
render it without sense, the words,
phrase or clause
Redundant words may be rejected –
rule does not impose upon the
courts an imperative obligation to
give every redundant word or phrase
a special significance
Obscure or missing word or false
description may not preclude
construction
Exemption from rigid application of
law – rigorous application of the law
would result in preventing fair and
impartial inquiry into the actual facts
of a case, the exigencies of justice
demand that the general rule shld
yield to occasional exceptions
- Rigor of the law would
become the highest injustice
Law does not req the impossible To acquire naturalization it requires
publication in the Official Gazette three times
consecutively wc would be impossible since it
at that time published weekly
Number and gender of words –
words in plural and vice versa
IMPLICATIONS
Doctrine of necessary implications – Chua v CSC
what is implied in a statute is as Issue: Whether a coterminous employee, or
much a part thereof as that which iss one whose appointment is co-existent with
xpressed the duration of a govt project, who has been
employed as such for more than 2 yrs, is
entitled to eraly retirement benefits under Sec
2 RA 6683 – benefits shall apply to all regular
employees, temporary, casual, and emergency
employees regardless of agewho have
rendered atleast 2 consecutive years of govt
service as of the adte of separation
Ruling: coterminous employee is no digfferent
from casual employees and by necessary
 implication the inclusion of the latter class of
govt employees entitled to benefits
Remedy from implied right – where Batungbakal v Natl Devt Co
there is right there is remedy for Suspended and later without just cause as
violation thereof shown by the fact that after investigation he
was guiltless and recom for reinstatement.
However, a new employee already replaced
his position. To remedy this, they resort to
legal fiction stating that his position had never
become vacant and the new apponintee move
out of office in order to give way for the
remedy that is due to him
Grant of jurisdiction - statutes
conferring jurisdiction to an admin
agency must be liberally construed
to enable the agency to discharge its
assifned duties in accordance with
the legis intent
Grant of power inc incidental power
Grant of power excludes greater
power
What is implied shld not be against
the law
Authority to charge against public
funds may not be implied
Illegality of act implied from It will apply when its enforcement Homesteader
prohibition – pari delicto or application will violate an
- Law will not aid either party avowed fundamental policy or
to an illegal agreement; it public interest
leaves the parties where it Action itself is not illegal per se
finds them but merely prohibited and the
prohibition by law is designed for
the protection of one party; relief
in favor of the latter
What cannot be done directly cannot Where a prohibition is forbidden from doing
be done indirectly – circumvention an act it extend to the Board of Director and to
What cannot by law, be done directly ea Director separately and individually
cannot be done indirectly
Interpretation of Words and Phrases
Stat definition – ctrl the meaning of Controlling only insofar as the P181
stat words does not apply where its said act; not conclusive to the
application creates obvious meaning of same word or term as
incongruities in the language of the used in other statutes
statutes, destroys one of its major
purpose or becomes illogical
Words construed in their ordinary P182
sense – in the absence of legis intent
words shld be given their plain,
ordinary and common usage
meaning
General words construed generally - P184
general meaning must prevail unless
otherwise provided
Generic term inc things that arises Articles of prohibited importation
thereafter – progressive Election
interpretation
Wprds with commercial or trade Dispose of – sell
meaning – in the absence of legis Gross value of money – gross selling price
intent it is presumed to have been
used in their trade or commercial
sense
Tariff and commerce laws
Words with technical or legal
meaning
Identical terms used in a statute – Year = agri years
bear the same meaning thru the Agri lands – public or private
entire statute
Meaning of word qualified by
purpose of statute interpretation
that will give meaning to the purpose
Word or phrase construed in relation Garcia v Comelec
to other provisions – words shld not Is resolution included in the PI
be construed in isolation but must be Claudio v Comelec
interpreted in relation to other No recall within 1 year after election covers
provisions only recall election
P195
Meaning of term dictated by context
may restrict or use in generic sense
Where the law does not distinguish Any land
Ligget and Myers – tax on tobacco accdg to its
length
Tiu San v Republic
Peralta V CSC
P201
Disjunctive and conjunctive words
Or
And