STATUTORY CONSTRUCTION - History of enactment

Atty. Ferdinand G.S. Gujilde - Evil sought to be prevented or cured

- Essence of the law
“The most brilliant mind cannot be compared to the palest - No need to collect the subjective wishes of each member
ink” – Chinese proverb - But the objective footprints left in the trail of legislative
enactment
Legislative purpose, defined.
Statutory Construction, defined. - Reason why the law was passed
- Art - Is it to prevent mischief?
- Legislative intent - Create new rights?
- In enacting a statute Legislative intent, distinguished from legislative purpose.
- And applying it to a certain set of facts - Combined application of purpose and meaning is
legislative intent.
Scope of construction. - Example: a statute prohibits operation of a motor vehicle
- Intention is doubtful in a public highway while the driver is intoxicated
- Ambiguity in language - Does motor vehicle include motorcycle?
- Ambiguity is thus a condition precedent for a statutory - Does intoxication include influence o narcotics?
construction. Legislative meaning, defined.
Ambiguity, defined. - What the law means, by its language
- Duplicity of meaning - It comprehends, covers or embraces, limits or confines.

Remedy of courts in case of ambiguity. ILLUSTRATIVE CASE: FEDERATION OF FREE FARMERS V CA, G.R.
- Construe statute No. 41161 Sept 10, 1981
- Give it meaning
- In accord with legislative intent  Section 1 of RA 809, Sugar Act of 1952 provides:
“in the absence of written milling agreements between the
Purpose of construction. majority of planters and the millers of sugarcane in any milling
- Ascertain district in the Philippines xxx shall be divided between them”
- And give effect Issues:
- Legislative intent - What is the meaning of “in the absence of written milling
agreements?
Construction distinguished from interpretation - Does RA 809 apply even if there is a written milling
- Interpretation: meaning of words, Construction: reads agreement different from the sharing proportion provided
between the lines by it?
Legislative intent, defined.

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 - Does the phrase “any increase in participation granted
under this Act” exclude written agreement?
Held:
- RA 809 applies with or without written milling
agreements between the planter and the mill, even if its
literal interpretation says otherwise.
- Legislative intent in enacting RA 809:
 In the 1950’s, planters staged a strike and
threatened not to plant sugar cane unless they
were given bigger share in the sugar industry and
sugar quota commitment.
 To remedy the problem, Congress enacted RA 809
to force planters to plant, centrals to mill and even
allowing the government to take over planting and
milling.
 The evil sought to be avoided by Congress is the
exploitation of laborers or “sacada” in terms of
wages and benefits.
 To make the Act operative with or without the
written milling agreement.
- Legislative purpose in enacting RA 809 – to compel
continuous sugar production & grant laborer’s share in
the increased planter’s participation in the sugar produce.
- Legislative meaning in enacting RA 809: Although
not clearly disclosed in the language of the Act, it
however indicates that the laborers should receive their
share for as long as sugar is produced and planters
receive increase participation.
- Thus, to literally interpret these phrases is to defeat
legislative intent and purpose, which is to grant laborers
fair share in sugar produce.
Legal hermeneutics, defined.
- Branch of science establishes principle and rules of
statutory construction
 EXEGESIS: application
Different kinds of interpretation.
Close interpretation. - literal
Extensive interpretation. - liberal
Extravagant interpretation. – departs from the true meaning
Free or unrestricted interpretation. – based on general principles of
interpretation in good faith
Limited or restricted interpretation. –influenced by other principles
Predestined interpretation. –biased
Who has authority to construe law.
- Judiciary
Limitations on power to construe.
Judicial legislation –when a court, under the guise of
interpretation, modifies, amends, remodels or rewrites a statute
 Illustrative case:
CANET V DECENA G.R. No. 155344, January 20, 2004
FACTS: A businessman applied for permit to operate and maintain a
cockpit. But the mayor refused because there is no ordinance
empowering her to do so.
Contention of the businessman: He invokes a resolution
authorizing him to operate a cockpit and a municipal tax ordinance
providing for issuance of a mayor’s permit to operate businesses.
Contention of the mayor: The mayor refused. Under the Local
Government Code of 1991, the authority to give licenses for the
establishment, maintenance and operation of cockpits pertains to
the Sanggunian. Also, there is no ordinance authorizing her to do
so.
ISSUE:
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Can the municipal mayor be compelled to issue business permit in
the absence of ordinance empowering her to do so?
HELD:
 No. While there is a resolution allowing her to operate a
cockpit, there is no ordinance giving her similar authority.
 The municipal tax ordinance contains general provisions for
issuance of business permits but it is a short on specifics
prescribing reasonable fees for cockpit operation.
 The ordinance providing these specifics was withdrawn by
the Sanggunian.
 Otherwise, to compel the mayor to issue permit not only
violates Section 447 of the Local Government Code but also
encroaches on the mayor’s administrative prerogatives.
 Since cockpit operation was not enumerated in the
ordinance, it is excluded.
 The legislature would not have enumerated those covered if
it did not intend to limit.
 Express mention of one thing, person, act or consequence
exclude the others: Expressio unius est exclusion alterius.
 What is expressed puts an end to what is implied.
 Expressium facit cessare tocitum
 An omission at the time of enactment, whether careless o
calculated, cannot be judicially supplied even if wisdom
recommends it.
 If there is a legislative gap caused by omission, the
judiciary cannot fill that gap. Otherwise, it results in judicial
legislation.
QUESTION OF LEGISLATIVE WISDOM:
 Courts cannot pass upon questions of wisdom, justice or
expediency of legislation.
 For a long as laws do not violate the constitution, the court
are limited to interpret and apply them, whether or not they
are wise or salutary.
Judicial non-interference on question of legislative
wisdom.
- Courts cannot pass upon questions of wisdom, justice or
expediency of legislation.
- For as long as laws do not violate constitution, the courts
are limited to interpret and apply them, whether or not
they are wise and salutary.
When to construe law.- (When does a court construe a law)
- Existence of case before it
- Actual case or controversy
- Ambiguity
Requisites for statutory construction.
Executive construction of statutes.
- Persuasive but not binding upon the courts
Construction of a partly void statute.
- Valid portion may stand and be enforced if:
 Separable
 Independent
 Sufficient to make a complete, intelligible and
valid statute which carries out the legislative
intent
Effects of rules of construction upon courts.
- Not mandatory
- Unless expressly provided by statutes.
- But judicial decisions interpreting laws form part of our
legal system.
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Unless provided by statutes. principle that prevails in the “administration of its government until
Examples: it has become an understood part of its system, to which obedience
- Article 10, Civil Code: is expected and habitually yielded.” (Cooley, 1868)
In case of doubt in the interpretation or application of
laws, it is presumed that the lawmaking body Strong (1963) summarizes the definition of constitution by saying
intended right and justice to prevail. that:
- Section 4, Labor Code:
All doubts in the implementation and interpretation of A constitution may be said to be a collection of principles according
the provisions of this Code, including its implementing to which the powers of the government, the rights of the governed,
rules and regulations, shall be resolved in favor of and the relations between the two are adjusted. The constitution
labor. may be a deliberate creation on paper; it may be found in one
document which itself is altered or amended as time and growth
demand; or it may be a bundle of separate laws given special
PART II. SUBJECTS OF CONSTRUCTION authority as the laws of the constitution. Or, again, it may be that
the bases of the constitution are fixed in one or two fundamental
1. CONSTITUTION laws while the rest of it depends for its authority upon the force of
2. STATUTES custom. (p. 11)
3. ORDINANCES
4. RESOLUTIONS Philippine Constitution, defined.
5. EXECUTIVE ORDERS
6. DEPARTMENT CIRCULARS “a written instrument by which the fundamental powers of the
government are established, limited and defined, and by which
Constitution, defined. those powers are distributed among the several departments for
The fundamental law, written or unwritten, that establishes the their safe and useful exercise and for the benefit of the body
character of a government by defining the basic principles to which politic.” (Malcolm and Laurel, 1936 as cited by Suarez, 2008)
a society must conform; by describing the organization of the
government and regulation, distribution, and limitations on the -Fundamental law of the land
functions of different government departments; and by prescribing -body of rules and maxims
the extent and manner of the exercise of its sovereign powers. -where powers of sovereignty are habitually exercised
A legislative charter by which a government or group derives its -Written instrument
authority to act. - Fundamental powers of the government are established, limited
and defined
A constitution is “that body of rules and maxims in accordance with - By which these powers are distributed among several departments
which the powers of sovereignty are habitually exercised.” Broadly -For their safe and useful exercise
speaking, every state has some kind of a constitution—a leading -For the benefit of the body politic

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Nature of Constitution.
Nature of Constitution can be defined as the relationship of the
government and its people. Each State have their own version of
their Preamble and Articles which makes their constitutions unique.
It is not acceptable for a State to exist without a Constitution
defining the relationship of the people governing the State and the
people who completes the State. Recognizes and declares inherent
rights and prerogative of a free people.
Constitution distinguished from statute.
(De Leon and De Leon)
1.  A constitution is a legislation direct form the people, while a
statute is a legislation from the people’s representatives.
2.  A constitution merely states the general framework of the
law and the government, while a statute provides the details
of the subject of which it treats.
Constitution – general principles and foundation of government,
relatively permanent in character
Statute – more detailed, tentative
Common parts of Constitution.
Constitution of liberty – bill of rights
Constitution of government – framework of
government
Constitution of sovereignty – procedure for amending
the Constitution
1. Constitution of government—its provisions should set the
“framework of government
and its powers,” and define the electorate. (De Leon and De
Leon)
2. Constitution of liberty—its provisions should set forth the
“fundamental rights of the
people” and impose “certain limitations o the powers of the
government as a means of
securing the enjoyment of these rights.” (De Leon and De
Leon)
3. Constitution of sovereignty—its provisions should point
out “the mode or procedure for
amending or revising the constitution.” (Garner as cited by De Leon
and De Leon)
Kinds of Constitution.
Written and unwritten.
As to their form:
1. Written—one which has been given definite written form at
a particular time, usually a
constituted authority called a “constitutional convention” (De
Leon and De Leon). A
written constitution is a codified single document. It is an
enacted constitution.
2. Unwritten—“a product of political evolution, consisting
largely of a mass of customs, usages and judicial decisions
together with a smaller body of statutory enactments of a
fundamental character, usually bearing different dates”
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 (Garner, n.d. as cited by De Leon and De Leon). To this
effect, the British Constitution is said to be unwritten
because it is an “un-codified constitution in the sense that
there is no single document that can be classed as Britain's
constitution. The British Constitution can be found in a
variety of documents.” (Trueman, 2012)
Note: Strong (1963) argues that classifying constitutions as written
and unwritten is a false distinction. This is so because “there is no
constitution which is entirely unwritten and no constitution entirely
written.
Cumulative and conventional.
As to their origin and history:
a. Conventional or enacted—“enacted by a constituent assembly
or granted by a monarch to
his subjects like the Constitution of Japan in 1889” (De Leon and De
Leon). By being enacted, this means that a constitution is the result
of a legal action of a body of persons whose task is to make laws.
As for the Japanese Constitution of 1889, this law is “largely the
handiwork of the genro (elder statesman) Itō Hirobumi, [who] called
for a bicameral parliament (the Diet) with an elected lower house
and a prime minister and cabinet appointed by the emperor.” (Meiji,
2012, para. 1)
b. Cumulative or evolved—“is a product of growth or a long
period of development originating in customs, traditions, judicial
decisions, etc. rather from a deliberate and formal enactment.” An
example of this is the English Constitution. (De Leon and De Leon)
Rigid and flexible.
As to manner of amending them:
1. Rigid or inelastic—“one of special sanctity which cannot be
amended except by some
special machinery more cumbrous than the ordinary
legislative process” (Strong, n.d. as cited by De Leon and De
Leon). In short, Strong (1963) says, “the constitution which
cannot be bent without being broken is a rigid constitution.”
2. Flexible or elastic—“one which possesses no higher legal
authority than ordinary laws and which may be altered in the
same way as other laws” (Garner, n.d. as cited by De Leon
and De Leon). In other words, as Strong (1963) puts it: “The
constitution that can be altered or amended without special
machinery is a flexible constitution.”
Statute, defined.
Statute is an act of legislature as an organized body expressed in
the form, passed according to the procedure, required to constitute
it as part of the law of the land.
A statute is a written law passed by a legislature on the state or
federal level. It may forbid a certain act, direct a certain act, make a
declaration or set forth a governmental action to aid society. A
statute begins as a bill and after it is passed by both houses and by
the executive officer, the bill becomes a law.
Written will of the legislature, a public will and people’s mandate
expressed through their representatives.
Other laws outside of the legislature but considered of the
same category and binding force as statutes.
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 Constitution)
Presidential decrees issued during Martial Law, executive orders 2) Executive Orders (Freedom
issued under the Freedom Constitution. Constitution)

Statutes, distinguished from statute law.

“Statute Law” is a term often used interchangeably with the word Public or private.
“statute”. Statute Law, however, is broader in meaning since it Public Statute – Which affects the public at large or the whole
includes not only statute but also the judicial interpretation and community.
application of the enactment of such statute. Private Statute- applies only to a specific person or subject.

Article 8, Civil Code Public statute, classified.

“Judicial decisions applying or interpreting the laws or the
Constitution shall form a part of the legal system of the Philippines”
Doctrine of stare decisis
It is the doctrine that, when court has once laid down a principle,
and apply it to all future cases, where facts are substantially the
same, regardless of whether the parties and properties are the
same.
General, special and local laws.
General law – applies to the whole state and operates throughout
the state alike upon all the people or all of a class;
Special law – relates to a particular person or things of a class or
to a particular community, individual or thing;
Local law – whose operation is confined to a specific locality.
Legislative power, defined.

Stare Decisis. Follow past precedents and do not disturb what has It is the power to make, alter, and repeal laws.
been settled. Matters already decided on the merits cannot be
relitigated again and again. “Stare decisis et non quieta movere” Scope of legislative power.
(follow past precedents and do not disturb what has been settled. 1) Under the 1973 and freedom constitution, the president
exercised legislative power which remained valid until
Statutes, classified. repealed.
2) LGU can enact ordinances within their jurisdiction, but such
TYPES OF STATUTES: laws are inferior and subordinate to the laws of the state.
(Primcias vs. Urdaneta)
A. Passed by the Philippine Legislature
3) Administrative or executive officer can make rules and
�1) Philippine Commission
regulations to implement specific laws.
�2) Philippine Legislature
 Essential feature of the legislative function is the
�3) Batasang Pambansa
determination of the legislative policy and its formulation and
�4) Congress of the Philippines
promulgation as a defined and binding rule of conduct.
B. Made by the president
Embraces all subjects, extends to matters of general concern or
1) Presidential decrees (1973
common interest, unless limited by the Constitution
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Constitutional basis for legislative power of Congress.
Section 1, Article VI of the 1987 Constitution.
“Section 1. The legislative power shall be vested in the Congress of
the Philippines which shall consist of a Senate ad a House of
Representatives, except to the extent reserved to the people by the
provision on initiative and referendum.”
Bill, defined.
A bill is a proposed legislative measure introduced by a member of
Congress for enactment into law, signed by the author/s, filed with
the House Secretary.
Bill – is the draft of a proposed law from the time of its introduction
in a legislative body through all the various stages in both houses. It
is enacted into law by a vote of the legislative body. An “Act” is the
appropriate term for it after it has been acted on and passed by the
legislature. It then becomes a statute, the written will of the
legislature solemnly expressed according to the form necessary to
constitute it as the law of the state.
Origin of bill.
A bill may originate in the lower or upper house except
appropriation, revenue or tariff bills, bills authorizing increase of
public debt, bills of local application, private bills, which shall
originate exclusively in the House of Representatives.
Tolentino v Secretary of Finance, 235 SCRA 630 (1994)
FACTS: Several bills were introduced in the House of
Representatives to expand the tax base of the Value Added Tax
(VAT) system and enhance its administration by amending the
National Internal Revenue Code (NIRC).
These were referred to the House and Ways Committee
which consolidated a bill and recommended its approval.
After approval, it went to the Senate and referred to its
Committee on Ways and Means. Thus, petitioners argue that it did
not originate exclusively in the lower house because it merely
consolidated 2 distinct bills from the lower and upper houses. This
violates the clear mandate of “originate” which was even qualified
by the word “exclusively”.
HELD: It is not the law, but the revenue bill, which is required by
the Constitution to originate exclusively in the House of
Representatives. A bill originating in the lower house may undergo
extensive changes in the Senate that may result in the rewriting of
the entire bill. To insist the revenue statute must be substantially
the same as the house bill would be to deny the Senate’s power not
only to “concur with amendments” but also to “propose
amendments”.
For indeed, what the Constitution simply means is that the initiative
for filing revenue bill must come from the House of Representatives.
This is based on the theory that since they are elected by their
districts, they are expected to be more sensitive to the local needs
and problems.
Thus, while it is true that a revenue bill must originate
exclusively in the House of Representatives, the Senate can
propose amendments that re-writes the entire bill or
substitute it with an entirely separate and distinct bill.
How a bill becomes a law.
HOW DOES A BILL BECOMES A LAW – STEPS
A bill before it becomes a law must pass the strict constitutional
requirements explicit both in the 1973 Constitution and the 1987
Constitution.
Passage of a bill in a parliamentary system (unicameral assembly):
a. A member of the National Assembly may introduce the
proposed bill to the Secretary of the National Assembly who will
calendar the same for the first reading. Filing- with the House
Secretary. Secretary reports the bill for the 1st Reading.
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 b. In the first reading, the bill is read by its number and title
only.
c. After the first reading, the bill is referred by the Speaker
to the appropriate committee for study. At this stage, the
appropriate committee will conduct public hearings. Then after the
public hearings, the committee shall decide whether or not to report
the bill favorably or whether a substitute bill should be considered.
Should there be an unfavorable report of the committee, then the
proposed bill is dead.
d. Upon favorable action by the committee, the bill is
returned to the National Assembly and shall be calendared for the
second reading.
Composition - experts in the subjects under their
jurisdiction.
What happens in the Committee Stage? – It may hold public
hearings on the proposed measure. Bill comes under sharpest
scrutiny. Committee may approve or reject the bill, with or without
amendments, re-write the bill entirely, report it favorably or without
recommendation. Committee reports and recommends for calendar
for second reading.
e. In the second reading, the bill is read in its entirety. (in
full with the amendments proposed by the Committee, if any.
Unless copies were distributed before and such reading is dispensed
with. The bill will be subjected to debates, motions and
amendments. After the amendments have been acted upon, the bill
will be voted on second reading)
f. Immediately after the second reading, the bill is set for
open debates where members of the assembly may propose
amendments and insertions to the proposed bill.
g. After the approval of the bill in its second reading and at
least three (3) calendar days before its final passage, the bill is
printed in its final form and copies thereof distributed to each of the
members.
h. The bill is then calendared for the third and final reading.
At this stage, no amendment shall be allowed. Only the title of the
bill is read and the National Assembly will then vote on the bill.
Under the present 1987 Constitution, after the third and final
reading at one House where the bill originated, it will go to the other
House where it will undergo the same process.
(Final vote for yeas and nays shall be taken and entered in the
Journal)
i. After the bill has been passed, it will be submitted to the
Prime Minister (President) for approval. If he disapproves, he shall
veto it and return the same with his objections to the National
Assembly (House where it originated), and if approved by two-thirds
of all its members, shall become a law. Under the present set-up, if
the originating house will agree to pass the bill, it shall be sent,
together with the objections to the other house by which it shall be
likewise be considered and must be approved by two-thirds of the
votes. Every bill passed by Congress shall be acted upon by the
President within thirty (30) days from receipt thereof. Otherwise, it
shall become a law.
Section 26 (2) Article VI, 1987 Constitution
Tolentino v Secretary of Finance, 235 SCRA 630 (1994)
“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 amendment thereto
shall be allowed, and the vote thereon shall be taken immediately
thereafter, and the yeas and nays entered into the Journal.”
Constitutional Reqts for the bill to pass. Article VI, Section 26
(2):
 It has passed 3 readings on separate days
 Printed copies in final form distributed to its members
3 days before its passage.
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  EXCEPT : when the President certifies it as urgent to
meet public calamity or emergency.
 But the factual basis of the presidential certification of
bills may not be subjected to judicial review. It merely
dispenses with the procedural requirements designed
to insure that bills are duly considered by members.
(?) Contention of Petitioners: The certification of the bill is
invalid because there was no emergency. The justification of
“growing budget deficit” is not an unusual condition in this country.
HELD: The presidential certification dispenses not only printing and
distribution of the copy of the bill but also the reading on separate
days. The phrase “except when the President certifies to the
necessity of its immediate enactmentxxx” qualifies the 2 stated
conditions before a bill becomes a law. The “unless” clause must be
read in relation to the “except” clause because they are coordinate
clauses of the same sentence. To construe the “except” clause as
simply dispensing the printing and distribution not only offends
grammar but also negates the very premise of the “except” clause.
The necessity of securing the immediate enactment of the bill which
is certified in order to meet a public calamity or emergency.
The factual basis of presidential certification of bills is not
subject to judicial review pursuant to the principle of
separation of powers as it merely involves doing away with
procedural requirements. A law may not be declared
unconstitutional when what is violated in its passage are mere
internal rules of procedure. Unlike the sufficiency of the factual basis
of the suspension of the privilege of the writ of habeas corpus which
threaten individual rights hence subject to judicial review.
Conference Committee – it is a mechanism to harmonize
differences between both Houses in the passage of the bill into law.
But it can deal generally with the subject matter. It may produce
results beyond its mandate. The rules do not limit it to consider
conflicting provisions only. It is empowered to include an entirely
new provision not found in either bills. Thus, political scientists call
the Conference Committee a third body of the legislature.
a. A Conference Committee is constituted and is composed of
Members from each House of Congress to settle, reconcile or
thresh out differences or disagreements on any provision of
the bill.
b. The conferees are not limited to reconciling the differences in
the bill but may introduce new provisions germane to the
subject matter or may report out an entirely new bill on the
subject.
c. The Conference Committee prepares a report to be signed by
all the conferees and the Chairman.
d. The Conference Committee Report is submitted for
consideration/approval of both Houses. No amendment is
allowed.
Illustrative case: Tolentino v Secretary of Finance, 235
SCRA 630 (1994)
FACTS: The Conference Committee consolidated the House and
Senate versions closed doors which resulted in an entirely different
version.
CONTENTION OF PETITIONERS: The House Committee Report
included provisions not found in either version and these were
secretly inserted into it closed doors.
HELD: There is nothing wrong about closed door executive sessions.
Often, when only the conferences are present, it is the only way to
harmonize conflicting provisions. The incomplete sentences in the
transcripts may be attributed to the stenographer’s own limitations
or incoherence of statements.
Amendment in the nature of a substitute by the Conference
Committee resulting in a third version is allowed provided it
is germane to the subject of both versions.
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Doctrine of enrolled bill
When both houses approve the Conference Committee Report
adopting third version of the bill, it is the latter that is the final and
conclusive version submitted to the president for approval. The
requirement of 3 readings on separate days and distribution of
copies 3 days prior does not apply to Conference Committee
Reports.
Under the enrolled bill doctrine, the text of the act as passed and
approved is deemed importing absolute veracity and is binding on
the courts. An enrolled copy of the bill is conclusive not only
of its provisions but also of its due enactment. Once the
Senate President and Speaker sign the bill and the Secretaries
certify
IS THE DOCTRINE OF ENROLLED BILL ABSOLUTE?
No, in one case, the Senate President admitted to a mistake and
withdrew his signature. Thus, the Supreme Court went behind the
enrolled bill and consulted the Journal to determine whether certain
provisions of the statute had been approved by the Senate. There
was no longer any enrolled bill to consider when the signature was
withdrawn.
Authentication of bills
The system of authentication devised is the signing by the Speaker
and the Senate President of the printed copy of the approved bill, to
signify to the President that the bill being presented to him has been
duly approved by the legislature and is ready for his approval or
rejection.
President’s approval or veto
Once the bill is approved, it is transmitted to the President of the
Philippines for signature. The President may then either sign the bill
to indicate approval, or veto the bill to indicate disapproval.  If
approved, the bill officially becomes a law.
Override of presidential veto
If the President decides to exercise his veto powers, the Congress
may re-pass the vetoed bill if two-thirds of both Houses, voting
separately, approve its enactment. In this case, the bill also officially
becomes a law.
3 ways by which a bill becomes a law
A bill passed by Congress becomes a law in either of three ways:
1. When the President signs it
2. When the President does not sign nor communicate his veto
of the bill within thirty days after his receipt thereof
3. When the vetoed bill is repassed by Congress by two-thirds
vote of all its members, voting separately. (Congress
overrides veto)
Parts of statutes.
e. Title – the heading on the preliminary part, furnishing the name
by which the act is individually known. It is usually prefixed to
the statute in the brief summary of its contents. The general
statement of the subject of the bill.
f. Preamble – part of statute explaining the reasons for its
enactment and the objects sought to be accomplished.
Usually, it starts with “whereas”. Part which follows the title
and precedes the enacting clause
g. Enacting clause – part of statute which declares its enactment
and serves to identify it as an act of legislation proceeding
from the proper legislative authority. “Be enacted” is the usual
formula used to start this clause. Precedes body of statute,
identifies the bill as an act of legislation, absence does not
nullify law unless required by the Constitution, not required by
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 Constitution but used as a matter of legislative practice or
custom.
h. Body – the main and operative part of the statute containing its
substantive and even procedural provisions. Provisos and
exceptions may also be found. Main part of the bill, rights or
remedies.
i. POLICY SECTION – declaration of state policy.
j. Definition section – Defines terms
k. Administrative section – Enforcement body
l. Standards of conduct – do and avoid
m. Sanctions – penalties
n. Transitory Provisions – Temporary provisions for transition
o. Repealing Clause - announces the prior statutes or specific
provisions which have been abrogated by reason of the
enactment of the new law. Repeal is not a legislative finding
that the earlier law in unconstitutional.
p. Saving Clause – 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.
q. Separability Clause – provides that in the event that one or
more provisions or unconstitutional, the remaining provisions
shall still be in force. If part of the law is declared invalid,
the rest remains valid. Does not bind the courts. The whole
statute may be nullified, if what is left is not complete or
workable.
r. Effectivity Clause / Date of effectivity– announces the
effective date of the law. Time when law takes effect. Usually
after 15 days following completion of publication in the
Official Gazette or in a newspaper of general circulation.
One title-one subject rule.
Sec. 26 (1), Article VI, 1987 Constitution.
“Every bill passed by the Congress shall embrace only one subject
which shall be expressed in the title thereof”
A bill embraces only one subject matter, to prevent logrolling, to
prevent surprise or fraud, to inform the people.
Tolentino v Secretary of Finance, 235 SCRA 630 (1994)
ISSUE: An Act Restructuring the Value-Added Tax (VAT) System,
Widening Its Tax Base and Enhancing its Administration, and For
These Purposes Amending and Repealing the Relevant Provisions of
the National Internal Revenue Code, as amended, And For Other
Purposes.
HELD: To insist that the tax exemption be specified in the title is to
require the title of the bill to be a complete index of its content.
Every bill is required to embrace only one subject expressed in its
title to prevent surprise upon members of the Congress and inform
the people about it. If PAL did not know that its exemption was
withdrawn, it is not due to the defect in the title but because just
like other statutes, they pass unnoticed even if published. The title
is sufficient if it expresses the general subject of the statute
and all its provisions are germane to the general subject thus
expressed.
Logrolling – Combination of multiple propositions in one
proposal. Entire proposition is nullified, not only the subject matter.
A legislative practice of embracing in one bill several distinct
matters, none of which, perhaps, could singly obtain the assent of
the legislature, and then procuring its passage by a combination of
the minorities in favor of each of the measures into a majority that
will adopt them all.
12
Practice of including in one statute or constitutional amendment and valid are inseparable, the nullity of one vitiates the other. ( go
more than one proposition, inducing voters to vote for all, back to PREAMBLE)
notwithstanding they might not have voted for all if amendments or a) A statute whose title does not conform to the one title-
statutes had been submitted separately. subject or is not related to its subject is null and void
Lambino v COMELEC, G.R. No. 174153, October 25, b) If subject matter of statute is not sufficiently expressed in its
2006 title, only the unexpressed subject matter is void leaving the
FACTS: In 2006, the group led by Raul Lambino and Enrico rest in force
Aumentado gathered signatures nationwide as people’s initiative to
amend the Constitution by shifting from Bicameral-Presidential to Date of effectivity
Unicameral-Parliamentary form of government. It asked the people When laws take effect.
this proposition: DO YOU APPROVE THE AMENDMENT OF ARTICLES Article 2, Civil Code
VI AND VII OF THE 1987 CONSTITUTION, CHANGING THE FORM OF “Laws take effect after 15 days following completion of publication in
GOVERNMENT FROM THE PRESENT BICAMERAL-PRESIDENTIAL TO A the Official Gazette, unless otherwise provided”
UNICAMERAL-PARLIAMENTARY SYSTEM, AND PROVIDING ARTICLE Section 18, Chapter 5, Book I, 1987
XVIII AS TRANSITORY PROVISIONS FOR THE ORDERLY SHIFT FROM Administrative Code
ONE SYSTEM TO THE OTHER? “Laws take effect after 15 days following completion of publication in
HELD: For sure, the great majority of the 6.3 million Filipinos who the Official Gazette or in a newspaper of general circulation, unless
signed the signature sheets did not see the full text of the it is otherwise provided.
proposition. They could have not known the nature and effect of the
proposed changes: 1. The term limits will be lifted and thus Completion of publication – from which the date the period of
members of the Parliament can be re-elected indefinitely. 2. The publication will be counted, refers to the dte of release of the O.G.
interim Parliament can continue to function indefinitely until its or newspaper for circulation and not to its date, unless the two
members, who are almost all the present members of Congress, dates coincide.
decide to call for new parliamentary elections. 3. Within 45 days
from the ratification of the proposed changes, the interim
Parliament shall convene to propose further amendments or Tañada v Tuvera, 146 SCRA 446 (1986)
revisions to the Constitution. Philippine Veterans Bank v Vega, G.R. No.
The subject matter of this proposed transitory provision is 105364, June 28, 2001
totally unrelated to the shift from presidential-bicameral to Effectivity of presidential issuances, rules and
unicameral-parliamentary system. This is logrolling. It places the regulations. – The requirement of publication also applies to
people in a dilemma since they can answer only either yes or no to Presidential Issuances. Exceptions: those which are merely
the entire proposition, which contains 2 subjects, one of which they interpretative or internal in nature not concerning the public.
may find unacceptable. Presidential issuances, basis.
Effectivity of Internal Rules and
Effects of insufficiency of title. Bill is void insofar as the Regulations (IRR)
subject matter not expressed in the title is concerned. But id void
13
 Nature of administrative, rules & When local ordinances take effect.
regulations
a. Whose purpose is to implement or enforce existing law
pursuant to a valid delegation or to fill in the details of a
statute; whether they are penal or non-penal; this requires
publication.
b. Those which are merely interpretative in nature or merely
internal in character not concerning the public, does not need
publication.
In addition, the 1987 Administrative Code provide that-
a. Every agency shall file with the U.P. Law Center three copies
of every rule adopted by it. Rules in force on the date of
effectivity of this Code which are not filed within 3 months
from that date shall not be the basis of any sanction against
any party or persons.
b. Each rule shall become effective 15 days from the date of
filing as above provided unless a different date is fixed by
law, or specified in the rule in cases of imminent danger to
public health, safety and welfare.
Publication and filing requirements are indispensable to the
effectivity or rules and regulations, except when the law
authorizing its issuance dispenses the filing requirements.
Types of administrative rules & calendar days and not working days. Where the word “week” is used
regulations
IRR- enforces the law
LOI – interprets the rule
Rule-making power of a public administrative agency –
delegated legislative power.
Test of validity of administrative rules and
regulations (Test of validity of delegation of rule-making
power)
The law must be : complete in itself, fix a standard standard, the
limits are sufficiently determinate or determinable, in case of
discrepancy between statute and IRR, the statute prevails.
Local ordinance shall take effect after 10 days from the date a copy
thereof is posted in the bulletin board at the entrance of the
provincial capitol or city, municipal, or barangay hall, as the case
may be, and in at least two other conspicuous places in the local
government unit.
The Secretary of the sanggunian shall cause the posting of
the ordinance within 5 days after its approval.
The gist of all ordinances with penal sanctions shall be
published in a newspaper of general circulation, within the province
where the local legislative body concerned belongs.
In case of highly-urbanized and independent component
cities, the main feature of the ordinance or resolution duly enacted
or adopted shall, in addition to being posted, be published once in a
local newspaper of general circulation within the city.
Unless a statute is by its provisions for a limited period only,
it continues in force until changed or repealed by the legislature.
Law once established continues until changed by some competent
legislative power. It is not changed by change of sovereignty.
Manner of computing time.
Where a statute requires the doing of an act within a
specified number of days, such as 10 days, from notice, it means 1o
as a measure of time and without reference to the calendar, it
means a period of seven consecutive days without regard to the day
of the week from which it begins (PNB Vs CA).
a. Year: 365 days
b. Month: 30 days except if the months are designated
c. Days: 24 hours
d. Night: from sunrise to sunset
e. Week: a period of 7 consecutive days without regard to the
day of the week from which it begins.
Civil Code adopts the 365 day year and the 30-day month
and not the
calendar year nor the solar month.
14
 The exclude – the- first and include the last day rule governs
the computation of a period. IF the last day falls on a Sunday or
legal holiday, the act can still be done the following day. The
principle does not apply to the computation of the period of
PRSECRIPTION OF CRIME, in which the rule is that if the last days in
the period of prescription of a felony falls on a Sunday or legal
holiday, the information concerning said felony cannot be filed on
the next working day, as the offense has been by then already
prescribed.
Garvida v Sales, G.R. No. 124893, April 18, 1997
FACT: Proclamation of a duly elected SK Chair was suspended by
the COMELEC because she is overaged. The law says candidates
should “not be more than 21 years old on the day of election”. The
SK Chair however argued she is still 21 years, 10 months and 25
days old, not 22 years old.
HELD: The LGC speaks of years, not months or days and a year
consists of 365 days. In computing years, first year is reached after
completing first 365 days. So, 21 is 21 cycles of 365 days. Not
more than 21 years old is not the same as less than 22 years
old.
Ordinance, defined.
Ordinance – an act passed by the local legislative body in the
exercise of its law-making authority.
TEST OF VALID ORDINANCE
1. Must not contravene the Constitution or any statute; 2. Must not
be unfair or oppressive;3. Must not be partial or discriminatory;4.
Must not prohibit but may regulate trade; 5. Must be general and
consistent with public policy; and 6. Must not be unreasonable.
REASON WHY AN ORDINANCE SHOULD NOT CONTRAVENE A
STATUTE
Local councils exercise only delegated legislative powers conferred
on them by Congress as the national law making body.
The delegate cannot be superior to the principal.
Barangay ordinance, authority to pass and review.
Sanggniang barangay: smallest legislative body; may pass an
ordinance affecting a barangay by a majority vote of all its
members. Its ordinance is subject to review by sangguniang bayan
or panlungsod, to determine if it is in accordance with municipal or
city ordinance. Sangguniang Bayan or panlungsod shall take action
on the ordinance within 30 days from submission.
Municipal ordinance, authority to pass, veto and
review.
Sangguniang Bayan: affirmative vote of a majorirty of the members
of the sangguniang bayan, there being a quorum. Ordinance is then
submitted to the municipal mayor, who within 10 days from the
receipt shall return it with his approval or veto. The ordinance is
then submitted to sangguniang panlalawigan for review, who within
30 days may invalidate it in whole or in part.
City ordinance, authority to pass, veto & review.
Sangguniang panlungsod: affirmative vote of a majority of the
members of the sangguniang bayan, there being a quorum.
Approved ordinance shall be submitted to the mayor, who within 10
days shall return it with approval or his veto. The Sanggunian may
repass a vetoed ordinance. If the city is a component city, the
approved ordinance is submitted to the Sangguniang panlalawigan,
who shall act within 30 days.
Provincial ordinance, authority to pass and veto.
Sangguniang panlalawigan: by a vote of a majority of the members
present, there being a quorum, enact ordinance that will affect the
province. The ordinance is forwarded to the governor who. Within
15 days shall return it with his approval or veto. A vetoed ordinance
may be repassed by two-thirds vote.
Resolution, defined.
The determination or decision, in regard to its opinion or intention,
15
of a deliberative or legislative body, public assembly, town council,
board of directors or the like. Also a motion or formal proposition
offered for adoption by such a body. In legislative practice. The term
is usually employed to denote the adoption of a motion, the subject-
matter of which would not properly constitute a statute; such as a
mere expression of opinion; an alteration of the rules ; a vote of
thanks or of censure, etc. In practice. The judgment of a court. In
the civil law. The cancellation or annulling, by the act of parties or
judgment of a court, of an existing contract which was valid and
binding, in consequence of some cause or matter arising after the
making of the agreement, and not in consequence of any inherent
vice or defect, which, invalidating the contract from the beginning,
would be ground for rescission.
Law Dictionary: What is RESOLUTION? definition of RESOLUTION
(Black's Law Dictionary)
Resolutions convey principles and sentiments of the Senate or the
House of Representatives. These resolutions can further be divided
into three different elements:
a. joint resolutions — require the approval of both chambers of
Congress and the signature of the President, and have the
force and effect of a law if approved.
b. concurrent resolutions — used for matters affecting the
operations of both chambers of Congress and must be
approved in the same form by both houses, but are not
transmitted to the President for his signature and therefore
have no force and effect of a law.
c. simple resolutions — deal with matters entirely within the
prerogative of one chamber of Congress, are not referred to
the President for his signature, and therefore have no force
and effect of a law.
Kinds of resolutions.
Simple.
It is usually designated with P. S. Res. A simple resolution deals
with matters entirely within the prerogative of one house of
Congress, such as adopting or receiving its own rules. A simple
resolution is not considered by the other chamber and is not sent to
the President for his signature. Like a concurrent resolution, it has
no effect and force of a law. Simple resolutions are used
occasionally to express the opinion of a single house on a current
issue. Oftentimes, it is also used to call for a congressional action on
an issue affecting national interest.
Concurrent.
A concurrent resolution is usually designated in the Senate as
S. Ct. Res. It is used for matters affecting the operations of both
houses and must be passed in the same form by both of them.
However, they are not referred to the President for his signature,
and they do not have the force of law. Concurrent resolutions are
used to fix the time of adjournment of a Congress and to express
the “sense of Congress” on an issue.
Joint.
A joint resolution, like a bill, requires the approval of both houses
and the signature of the President. It has the force and effect of a
law if approved. There is no real difference between a bill and a joint
resolution. The latter generally is used when dealing with a single
item or issue, such as a continuing or emergency appropriations bill.
Joint resolutions are also used for proposing amendments to the
Constitution.
Validity of statute.
Every statute passed by legislature is presumed to be valid because
the legislature is supposed to have considered the question of its
validity before approving it. In cases of doubt, the court resolves in
favor of its validity. Presumption of constitutionality, in deference to
the wisdom, integrity and patriotism of the legislature, all
reasonable doubts are ruled in favor of constitutionality. To doubt is
to sustain.
Presumption of constitutionality.
The presumption is always in favor of constitutionality. However, if
the statute is really
unconstitutional, the courts are not only authorized but must
16
declare its unconstitutionality. The
court must see to it that the other departments have not exceeded
their constitutional authority. (Essence of Separation of Powers and
System of Check and Balance)
Authority to declare law unconstitutional.
The final authority to declare a law unconstitutional is the Supreme
Court en banc by the “concurrence of a majority of the Members
who actually took part in the deliberations.”
Trial Courts have jurisdiction to initially decide the issue of
constitutionality of a law in appropriate cases.
Article VIII, Section 4 (2), 1987 Constitution – Supreme Court en
banc, concurrence of majority of its members who actually took part
in the deliberations and voted
Essential requisites for judicial review.
1. Existence of an appropriate case/actual case
(controversy)
2. An interest personal and substantial by the party raising
the constitutionality (Locus standi/legal standing)
3. The plea that the function be exercised at the earliest
opportunity/ Raised at the earliest opportunity
4. The necessity that the constitutional question to be
passed upon in order to decide the case (lis mota)
LIS MOTA : Courts will deal with constitutionality issue only if it is
unavoidable, very crux of the controversy
Illustrative case: Francisco Jr., v House of Representatives,
G.R. No. 160261, Nov 10, 2003
FACTS: In June 2003, Joseph Estrada filed an impeachment
complaint against CJ Davide and 7 other associate judges for
culpable violation of the Constitution, betrayal of public trust and
other high crimes. It was endorsed by 3 legislators are referred to
the House Committee on Justice which ruled that it was sufficient in
form but dismissed it for not being sufficient in substance. But the
Committee Report was not sent to the House in plenary. In October
2003, a second impeachment complaint was filed against CJ Davide.
CONTENTION OF PETITIONERS: The second impeachment
complaint was unconstitutional because it violates Section 5, Article
IX of the Constitution which prohibits filing of impeachment
complaint against the same official twice within a period of one year.
CONTENTION OF RESPONDENTS: The Supreme Court is without
jurisdiction to hear, much less prohibit or enjoin the lower house to
perform its constitutionally mandate duty to initiate impeachment
proceedings, it being a co-equal and independent branch of the
government. The Senate has the sole power, authority and
jurisdiction to try and decide impeachment cases. The petition are
premature, no justiciable issue has been presented before it since
its constitutional duty to constitute itself as impeachment court
commences only upon receipt of the Articles of Impeachment, which
it had not.
ISSUE: Whether the essential requisites for the exercise of judicial
review have been fulfilled?
In answering the issue, the Supreme Court addressed the
following requisites for the exercise of judicial review:
LOCUS STANDI, RIPENESS, POLITICAL QUESTION/JUSTICIABILITY/
JUDICIAL RESTRAINT.
LOCUS STANDI, DEFINED. Personal or substantial interest in the
case such that the party has sustained or will sustain direct injury.
CONTENTION OF SORIANO: Only the Chief Justice has sustained
or will sustain injury (?)
CONTENTION OF PETITIONERS: They sue in their respective
capacities as taxpayers, citizens, voters, legislator, association. As
such, they stand to suffer injury.
17

WHAT TO SHOW IF YOU PETITION AS A CITIZEN: The law or
government act is invalid, sustains or is in imminent danger to
sustain direct injury as a result of its enforcement, interest must be
direct and personal, if it is an assertion of a public right, the mere
fact that he or she is a citizen satisfies the requirement.
WHAT TO SHOW IF YOU PETITION AS A TAXPAYER: Sufficient
interest in preventing illegal expenditure of public funds, sustains
direct injury as a result of the enforcement of the invalid law, public
funds are either illegally disbursed, deflected to any improper
purpose, wasted through enforcement of an invalid or constitutional
law.
WHAT TO SHOW IF YOU PETITION AS LEGISLATOR:
Infringement of prerogatives as legislator, Standing to maintain
inviolate prerogatives, powers and privileges vested by the
Constitution in his office.
CONTENTION OF SALONGA: There is no urgent need for the
Constitution to act right away. Anyway, it is the final arbiter of
questions on constitutionality. All remedies in the House and Senate
should first be exhausted.
POSITION OF DEAN PANGALANGAN: The Supreme Court should
take judicial of on-going attempts to encourage signatories to
withdraw their endorsement. House Impeachment Rules afford its
members opportunity to raise constitutionality issues when the
Articles of Impeachment are presented to the Senate. Even if the
Articles of Impeachment are transmitted to the Senate, the Chief
Justice may still move to dismiss on ground of constitutional
infirmity.
HELD: The withdrawal of signatures neither cures the House
Impeachment Rules of its Constitutional defect nor obliterates the
questioned second impeachment complaint. It is useless to seek
remedies from either the lower or upper house because it has no
jurisdiction to the rule on the issue of constitutionality.
POLITICAL QUESTION, DEFINED: Refers to those questions
which, under the Constitution, are to be decided by the people in
their sovereign capacity, or in regard to which full discretionary
authority has been delegated to the legislature or executive branch
of the government. It is a question of policy, concerned with wisdom
and not legality.
EXCEPT: Grave abuse discretion amounting to lack or excess of
jurisdiction.
DETERMINATION OF IMPEACHABLE OFFENSE: Purely political
question left to the sound discretion of the legislature.
LIS MOTA, DEFINED: Courts will touch the issue of
constitutionality unless it is unavoidable or is the very crux of the
controversy. Whether Section 15 or 16 of Rule 5 of the House
Impeachment Rules are unconstitutional for violating Section 3,
Article XI of the Constitution?
- Whether, as a result, the second impeachment is
barred under
Section 3 (5), Article XI of the Constitution?
- Under Section 16, impeachment proceedings are
“deemed
initiated” on the day the House Committee on Justice finds that the
verified complaint is sufficient in substance.
CONTENTION OF RESPONDENTS: Since the first impeachment
complaint was dismissed for being insufficient in substance, it was
not deemed initiated hence the second impeachment complaint is
allowed. “Initiate” does not mean “to file”.
HELD: “Initiate” means filing of the impeachment complaint and
referral to the House Committee on Justice or filing by at least 1/3
of the House of Representatives with the Secretary General of the
House. Once initiated, no other impeachment complaint shall be
filed against the same official for a period of one year.
JUDICIAL RESTRAINT:
CONTENTION OF PIMENTEL: The SC should exercise judicial
restraint because the Senate, as an impeachment court, has the
sole power to hear and decide all impeachment cases.
18
CONTENTION OF DE VENECIA: There is a moral compulsion for the
Supreme Court to not assume jurisdiction because its members are
subject to the impeachment.
HELD: The power of judicial review includes the power to review
justiciable issues in impeachment proceedings.SC together with all
other courts has long held and been entrusted with the judicial
power to resolve conflicting legal rights regardless of the
personalities involved in the suits or actions.
Test of constitutionality of statutes.
(OVERBREADTH DOCTRINE : Doctrine of overbreadth. Consti. Law. [A]n
exception to the prohibition against third-party standing, [the doctrine] permits
a person to challenge a statute on the ground that it violates the [free speech]
rights of third parties not before the court, even though the law is constitutional
as applied to that defendant. In other words, the overbreadth doctrine provides
that: “Given a case or controversy, a litigant whose own activities are
unprotected may nevertheless challenge a statute by showing that it
substantially abridges the [free speech] rights of other parties not before the
court.” [Chemerinsky, Consti. Law, p. 86, 2nd Ed. (2002)]. Compare with
Doctrine of void for vagueness.

Test of constitutionality of ordinances.

A statute may be declared unconstitutional because:
The test of validity are:
1) Must not contravene the constitution or any statute
1) It is not within the legislative power to enact
2) Must not e unfair or oppressive
2) Or it creates or establishes methods or forms that infringe
3) Must not be partial or discriminatory
constitutional principles
4) Must not prohibit but may regulate trade
3) Its purpose or effect violates the constitution
5) Must not be general and consistent with public policy
4) It is vague. It is vague when it lacks comprehensive
6) Must not be unreasonable
standards that men of common intelligence must necessarily
guess at its meaning and differ in its application.
Effects of unconstitutionality.
5) The change of circumstances or conditions may affect the
validity of some statutes, specially those so-called
The general rule is that an unconstitutional act is not a law.
emergency laws designed specifically to meet certain
(a) It confers no rights
contingencies.
(b) It affords no protection
(c) It imposes no duties
Void for vagueness rule. Violates due process, people are
(d) It creates no office
not informed on what conduct to avoid
(e) It is inoperative as though it had never been passed.
Related to overbreadth, this doctrine holds that a law is
facially invalid if men of common intelligence must necessarily guess
Regard should be had to what has been done while the statute was
at its meaning and differ as to its application. It is subject to the
in operation and presumed to be valid. Hence, its operative fact
same principle governing the overbreadth doctrine. For one, it is
before a declaration of nullity must be recognized.
also an analytical tool for testing “on their faces” statutes in free
speech cases. And like overbreadth, it is said that a litigant may
2 Views on the effects of a declaration of unconstitutionality of a
challenge a statute on its face only if it is vague in all its possible
statute:
applications.
1) Orthodox view.

19
 Article 7, Civil Code.
Operative fact.
An unconstitutional law confers no right, is not a law, imposes no
duties, affords no protection; in legal contemplation, it is
inoperative, as if it had not been passed.
Article 7, Civil Code:
Operative Fact Doctrine: As a general rule, the nullification
of an unconstitutional law or act carries with it the illegality of its
effects. However, in cases where the nullification of its effects ill
result in inequity and injustice, the operative fact doctrine may
apply, and the effects of the unconstitutional act will have to be
recognized. Existence of statute prior to nullity, is an operative fact
that must be recognized, statute was in force and complied with and
so parties have already acted under it.
(2) Modern view.
The court in passing upon the question of constitutionality does not
annul or repeal the statute if it is unconstitutional, it simply refuses
to recognize it and determines the rights of the parties just as if the
statute had no existence. It does not repeal, supersede, revoke or
annul the statute. The parties to the suit are concluded by the
judgment, but no one else is bound.
Partial invalidity.
The general rule is that where part of a statute is void as repugnant
to the Constitution, while another part is valid, the valid portion if
separable from the invalid, may stand and be enforced must be
complete and intelligible to enforce legislative intent.
Exemptions to this rule: when the parts are so mutually dependent
and connected to each other. Legislature is presumed to have
intended them as a whole. Nullity of one vitiates the rest.
SEPARABILITY CLAUSE: intent of separability, rather than complete
nullity. The presence of separability clause creates the presumption
that the legislature intended separability, rather than complete
nullity of the statute.
Tatad v Secretary of Department of Energy, 281 SCRA 330
(1997) (Separability Clause)
FACTS: The Supreme Court declared unconstitutional 3 provisions of
RA 8180 or An Act Deregulating the Downstream Oil Industry—the
provisions on 4% tariff differential, minimum inventory and
predatory pricing which were declared anti-competition. These
provisions are the key provisions of RA 8180.
ISSUE: Whether the nullity (striking down) of the 3 provisions of the
law infect the entire law even with the presence of the Separability
Clause?
HELD: YES. Because to decree partial unconstitutionality of RA 8180
will bring about absurdity. Separability Clause is not binding with
the Supreme Court. Separability clause only creates a presumption
of that the act is severable. It is merely an aid in statutory
construction. IT is not an inexorable command. A separability clause
does not clothe the valid parts with immunity from the invalidating
effect the law gives to the inseparable blending of the bad with the
good. The Separability clause cannot also be applied if it will
produce an absurd result. In sum, if the separation of the statute
will defeat the intent of the legislature, separation will not take place
despite the inclusion of a separability clause in the
20
MIDTERMS

PART III. CARDINAL RULES OF CONSTRUCTION

How to ascertain legislative intent.

Ascertain legislative intent
- Statute as a whole
- Not isolated part or provision
- Once known, no other choice but to apply it
- If transparent, construction is dispensed with
The object of all interpretation and construction of statutes is to
21
ascertain the meaning and intention of the legislature, to the end that
the same may be enforced.
Legislative intent is determined principally from the language of the
statute.
VERBA LEGIS
If the language of the statute is plain and free from ambiguity, and
express a single, definite, and sensible meaning, that meaning is
conclusively presumed to be the meaning which the legislature
intended to convey.
STATUTES AS A WHOLE
A cardinal rule in statutory construction is that legislative intent must
be ascertained from a consideration of the statute as a whole and not
merely of a particular provision. A word or phrase might easily convey
a meaning which is different from the one actually intended.
A statute should be construed as a whole because it is not to be
presumed that the legislature has used any useless words, and
because it is dangerous practice to base the construction upon only a
part of it, since one portion may be qualified by other portions.
SPIRIT AND PURPOSE OF THE LAW
When the interpretation of a statute according to the exact and literal
import of its words would lead to absurd or mischievous
consequences, or would thwart or contravene the manifest purpose of
the legislature in its enactment, it should be construed according to
its spirit and reason, disregarding or modifying, so far as may be
necessary, the strict letter of the law.
 When the reason of the law ceases, the law itself ceases.
 Doctrine of necessary implications. What is implied in a statute
is as much a part thereof as that which is expressed.
CASUS OMISSUS
When a statute makes specific provisions in regard to several
enumerated cases or objects, but omits to make any provision for a
case or object which is analogous to those enumerated, or which
stands upon the same reason, and is therefore within the general
scope of the statute, and it appears that such case or object was
omitted by inadvertence or because it was overlooked or unforeseen, it
is called a “casus omissus”. Such omissions or defects cannot be
supplied by the courts. The rule of “casus omissus pro omisso
habendus est” can operate and apply only if and when the omission
has been clearly established.
STARE DECISIS
It is the doctrine that, when court has once laid down a principle, and
apply it to all future cases, where facts are substantially the same,
regardless of whether the parties and properties are the same. Stare
Decisis. Follow past precedents and do not disturb what has been
settled. Matters already decided on the merits cannot be relitigated
again and again. “Stare decisis et non quieta movere” (follow past
precedents and do not disturb what has been settled.
Liberal or strict construction, factors to consider and when
applied.
- Former law on the matter
- Persons or matters with which it deals
- Letter or language of the law
Generally:Whether a statute is to be given a strict or liberal
construction will be depend upon the nature of the statute, the
purpose to be subserved and the mischief to be remedied, and a
strict or liberal interpretation will be given a statute that will best
accomplish the end desired and effectuate legislative intent.
Strict construction, generallyStrict construction is that construction
22
according to the letter of a statute, which recognizes nothing that is
not expressed, takes the language used in its exact meaning, and
admits no equitable consideration. It does not mean giving a statute
its narrowest meaning of which it is susceptible. Nor does it mean
that words shall be so restricted as not to have their full meaning.
Scope of statute shall not be extended or enlarged by implication,
intendment, or equitable consideration beyond the literal meaning of
its terms.
Liberal construction, defined.Liberal constructions means such
equitable construction
as will enlarge of a statute to accomplish its intended purpose, carry
out its intent, or promote justice. It does not mean enlargement of
a provision which is clear, unambiguous and free from doubt, for a
statute which is plain and clear is not subject to construction. Liberal
construction is that construction which expands the meaning of a
statute to meet cases which are clearly within the spirit or reason
thereof or within the evil which the statute was designed to remedy,
or which give the statute its generally accepted meaning to the end
that the most comprehensive application thereof maybe accorded,
without being inconsistent with its language or doing violence to any
of its terms. Liberal construction means that the words should
receive a fair and reasonable interpretation, so as to attain the
intent, spirit and purpose of the law.
Liberal construction applied, generally.The literal meaning of the
words used may be rejected
if the result of adopting said meaning would be to defeat purpose of
the law. Liberal interpretation so as to save the statute from
obliteration, ut res magis valeat quam pereat. Construction by this
nature and the act of the court in engrafting upon a law something
which its believes ought to have been embraced therein. The former
is liberal construction and is a legitimate exercise of judicial power.
The latter is judicial legislation forbidden by the tripartite division of
powers among the three departments of government, the executive,
the legislative and the judicial. A statute may not be liberally
construed to read into it something which its clear and plain
language rejects.
Statutes in derogation of common rights, how construed.
Statutes in derogation of rights.People in republican state enjoy
certain rights, which are either inherent or guaranteed by the
constitution or protected by law; rights are not absolute, and the
state, in the exercise of its police power, may enact legislations
curtailing or restricting their enjoyment. As these statutes are in
derogation of common or general rights, they are generally strictly
construed and rigidly confined to cases clearly within their scope or
purpose.; two reasonably possible constructions, one which would
diminish or restrict fundamental right of the people and the other of
which would not do so, the latter construction must be adopted so
as to allow full enjoyment of such fundamental right.
In case of doubt, strictly construed against the law in favor of
common rights.
Common rights, examples.
Personal liberty, property, freedom of contract, exercise of
any trade or profession
Statutes prescribing formalities of wills, how construed.
Statutes prescribing formalities of will.Statutes prescribing the
formalities to be observed in the execution of wills are strictly
construed, ; a will must be executed in accordance with the
statutory requirements, otherwise it is entirely void. ; apply the
intent of the legislators and not that of the testator, and the latter‘s
intention is frequently defeated by the non-observance of what the
23
statute requires.
In case of doubt, strictly construed against the validity of the will
since the testator is already dead. “Dead men tell no tale”. Failure
to comply with required written formalities. Fatal. The will cannot be
admitted to probate.
Naturalization laws, how construed.
Laws on naturalization are strictly construed against an applicant for
citizenship and rigidly followed and enforced. ; right of an alien to
become a citizen by naturalization is a statutory rather that a
natural one, and it does not become vested until he files a petition
and establishes by competent and satisfactory evidence that he has
all the qualifications and none of the disqualifications specified by
law.
In case of doubt, strictly construed in favor of the government
against the applicant. Requirements for naturalization must be
complied to the letter to ensure that undesirable aliens are not
naturalized.
Stature conferring the right of eminent domain, how
construed.
In case of doubt, against the government. It derogates private
rights to property and ownership.
Statutes granting rights to laborers, how construed.
In case of doubt, liberally construed in favor of labor, Labor law is
social legislation.
Statutes granting tax exemptions, how construed.
Statutes granting tax exemptions.Taxes are what the people pay for
civilized society; lifeblood of the nation. The law frowns against
exemptions from taxation. Laws granting tax exemptions are thus
construed strictissmi juris against the taxpayer and liberally in favor
of the taxing authority. Taxation is the rule and exemption is
theexception. The burden of proof rests upon the party claiming
exemption to prove that it is in fact covered by the exemption so
claimed. Statutes granting tax exemptions are construed strictissimi
juris against the taxpayer and liberally in favor of the taxing
authority. Basis – to minimize the different treatment and foster
impartiality, fairness and equality of treatment among taxpayers.
For exemptions from taxation are not favored in law, nor are they
presumed. They must be expressed in the clearest and most
unambiguous language and not left to mere implications.
―exemptions are never presumed, the burden is on the claimant to
establish clearly his right to exemption and an alleged grant of
exemption will be strictly construed and cannot be made out by
inference or implications but must be beyond reasonable doubt. In
other words, since taxation is the rule and exemption the intention
to make an exemption ought to be expressed in clear and
unambiguous terms.
In case of doubt, strictly against the taxpayer. Taxation is the
lifeblood of the government.
Prospective and retrospective interpretation, distinguished.
Prospective- applies to such facts and causes after its enactment.
Retrospective – applies to such facts and causes before its
enactment.
General rule: statutes are construed prospectively unless clearly
stated otherwise in the statute.
In case of doubt, resolved against retrospective effect, in favor of
prospective construction.
Prospective statute – is a statute which operates upon acts and
24
transactions which have not occurred when the statute takes effect, RPC).
that is, which regulates the future.
PROCEDURAL LAWS ARE RETROSPECTIVE
Retrospective or retroactive law – is one which takes away or
impairs vested rights acquired under existing laws, or creates new Statutes regulating the procedure of the Court will be construed as

obligations and imposes new duties, or attaches new disabilities in applicable to actions pending and undermined at the time of their

respect of transaction already past. passage. However, Rules of Procedure should not be given
retroactive effect if it would result in great injustice and impair
A sound canon of statutory construction is that statutes operate substantive right.
prospectively only and never retrospectively, unless the legislative
intent to the contrary is made manifest either by the express terms Procedural provisions of the Local Government Code are

of the statute or by necessary implication. retrospective.

The Civil Code of the Philippines follows the above rule thus: Laws CURATIVE STATUTES

shall have no retroactive effect, unless the contrary is provided.

Retroactive legislation is looked upon with disfavor, as a general
rule and properly so because of its tendency to be unjust and
oppressive.
They are those which undertake to cure errors and irregularities and
administrative proceedings, and which are designed to give effect to
contracts and other transactions between private parties which
otherwise would fail of producing their intended consequences by

PENAL STATUTES reason of some statutory disability or failure to comply with some

technical requirement. They are therefore retroactive in their

Penal statutes as a rule are applied prospectively. Felonies and
character.
misdemeanors are punished under the laws in force at the time of
their commission. (Art. 366, RPC).
Effect of retrospective application of law.
However, as an exception, it can be given retroactive effect if it is
- Takes away or impairs vested rights acquired under
favorable to the accused who is not a habitual criminal. (Art. 22, existing law.

25
 - Creates new obligations.
- Imposes new duties.
- Attaches disability in respect of transactions or
consideration already past
Ex post facto law.
Rule: No ex post facto laws shall be enactedMakes an act done
before the passage of the law and which is innocent when done, and
punishes such act.Applies only to criminal or penal matters and not
to civil laws
Article III, Section 22, 1987 Constitution. “No ex post
facto law or bill of attainder shall be enacted”
An ex post facto law is any of the following:
- A law which makes criminal an act done before the
passage of the law and which was innocent when
done, and punishes such act;
- A law which aggravates a crime, or makes it greater
than it was, when committed.
- A law which changes the punishment and inflicts
greater punishment than that annexed to the crime
when committed.
- A law which alters the legal rules of evidence, and
authorizes conviction upon less or different testimony
than the law required at the time of the commission
of the offense;
- A law which assumes to regulate civil rights or
remedies only, but in effect imposes penalty or
deprivation of a right for something which when done
was lawful;
- A law which deprives a person accused of a crime of
some lawful protection to which he has become
entitled, such as protection of a former conviction or
acquittal, or a proclamation of amnesty.
Test whether prohibition against ex post facto clause is
violated.
- Does the retroactive application of the law take from
the accused any right that was regarded at that time
as vital for the protection of life and liberty?
Scope of prohibition against ex post facto law.
- Applies only to criminal or penal matters.
- Not to laws which concern civil proceedings generally.
- Or which affect or regulate civil or private rights or
political privilege.p.
Ex post facto law prohibited, exception.
- Unless it is favorable to the accused (Article 22, RPC)
This is founded on conscience and good law and
contained in
- aphorism: Favorabilia sunt amplianda, adiosa
restringenda (laws that are favorable to the accused
are given retroactive effect.
- If it favors the accused .
-
Exception to the exception.
- When the accused is a habitual delinquent.
- Where the later statute expressly provide that it shall
not apply to existing statutes/actions or pending
cases.
- Accused disregards the later law and invokes the prior
statute under which he was prosecuted.
26
 - Amendatory statute which renders an illegal act prior
to enactment legal is generally given retroactive
effect unless it is expressly provide that such statute
will not apply retroactively
-
Bill of Attainder, defined.
Legislative act which inflicts punishment without judicial trial
Rule: No bill of attainder shall be enactedBill of attainder is a
legislative act, which inflicts punishment
without judicial trial.If a law is bill of attainder, it is an ex post facto
law. If it is not an ex post facto law, it is not a bill of attainder.
-Bills of pains and penalties – if the punishment be less
than death.
PART IV. PARTICULAR RULES OF CONSRUCTION
Verba legis or plain meaning rule.
PLAIN MEANING RULEWhen the words and phrases of the
statute are clear and unequivocal, their meaning must be
determined from the language employed and the statute
must be taken to mean exactly what it says. What is not
clearly provided in the law cannot be extended to those
matters outside of scope. Where the law is clear, appeals to
justice and equity as justification to construe it differently are
unavailing.Verba legis- plain meaning rule
Where the statute is clear, plain and free from ambiguity, it must be
given its literal meaning and applied without interpelation.
Index animi sermo est. - speech is the index of intention
Dura lex sed lex.
the law may be harsh, but it is still the law
The reason for the rule is that the legislature must be presumed to
know the meaning of the words, to have used the words advisedly
and to have expressed its intent by the use of such words as are
found in the statute
Ratio legis.
In construing a statute, the court looks into the spirit and reason of
the law. If adherence to the letter of the law leads to absurdity,
injustice, contradictions or defeat the plain purpose of the law Ratio
legis applies.
Apparent inaccuracies and mistakes in mere verbiage or
phraseology will be overlooked to give effect to the spirit of the law.
WHAT IS WITHIN THE SPIRIT IS WITHIN THE LAW The spirit of the
law controls the letter.Ratio legis – reason of the law
LITERAL IMPORT MUST YIELD TO INTENTWhere legislative intent
apparently conflicts with the letter of the law, the former prevails
over the latter. Primary rule in construction is to ascertain and give
effect to the intent.
In construing a statute, the courts must look into the spirit of the
law or the
reason for it. The spirit or intention of the law prevails over the
latter thereof. The statute may be extended to cases which are not
included within the literal meaning of the words, if such case is
within the reason for the statute. And the cases within the letter of
the law but not within the spirit thereof are not within the statute.
No reason, however, may be imputed to the legislature, which is not
supported by the fact of the law itself. In determining the reason for
the law, recourse may be had to the preamble or applicable where
adherence to the latter would lead to absurdity, injustice,
contradiction or defeat the plain purpose of the act. Apparent
inaccuracies did and mistakes in the mere verbiage or phraseology
will be overlooked to give effect to the spirit of the law.
27
Mens Legislatories.
Courts look into the following: object to be accomplished, evils and
mischief to be remedied. Purpose to be observed..
Statute liberally construed to serve its purpose even if its literal
interpretation says otherwise. When the language of a particular
provision of law admits of two interpretations, the one that gives
effect to the intent must be followed.
The courts look into the object to be accomplished, the evils and
mischief to be remedied or the purpose to be observed. The court
should give the statute a reasonable or liberal construction which
will best effect its purpose rather than one which will defeat it even
though such construction is not within the strict literal interpretation
of the statute.
The court should give the statute a reasonable or liberal
construction which will best effect its purpose rather than one which
will defeat it.
Statutes must be construed to avoid injustice
Ejusdem generis.
Where general term follows particular things, the general term is
construed to include those things or persons of the same class as
those specifically enumerated. Example: Trustees, agents,
attorneys-at-law and other persons.
“other persons” – only such persons in similar position o trust like
guardians
While general words or expressions in a statute are, as a rule,
accorded their full, natural, and generic sense, they will not be given
such meaning if they are used in association with specific words or
phrases. General rule is that where a general word or phrase follows
an enumeration of particular and specific words of the same class or
where the latter follow the former, the general word or phrase is to
be construed to include, or to be restricted to, persons, things, or
cases akin to, resembling, or of the same kind or class as those
specifically mentioned.
 Where a statute describes things of particular class or
kind accompanied by words of a generic character, the
generic words will usually be limited to things of a kindred
nature with those particularly enumerated, unless there be
something in the context of the statute to repel such
inference.
Ejusdem generis, purpose.
Gives effect – both specific ad general words. Particular words
indicate the class and the general includes all embraced in said class
although not specifically named.
Purpose: give effect to both the particular and general words, by
treating the particular words as indicating the class and the general
words as indicating all that is embraced in said class, although not
specifically named by particular words.
This principle is based on the proposition that had the legislature
intended the general words to be used in their generic and
unrestricted sense, it would not have enumerated the specific
words.
 Application: where specific and generic terms of the same nature
are employed in the same act, the latter following the former.
Reddendo singular singulis.
The variation of the doctrine of last antecedent is the rule of
reddendo singular singulis. The maxim means referring each to
each; referring each phrase or expression to its appropriate object,
or let each be put in its proper place, that is, the words should be
taken distributively.
Reddendo singular singulis requires that the antecedents and
28
consequences should be read distributively to the effect that each
word is to be applied to the subject to which it appears by context
most appropriately related and to which it is most applicable.
Doctrine of collocation.
Lacuna V Abes, 133 Phil. 770, 773-774 (1968)
 Association between two words that are typically or
frequently used together where the sentence has several
antecedents and consequents, they are to be read
distributively
 Antecedent – a word or phrase that a subsequent or
consequent word refers to.
 Consequent – a word or phrase that an antecedent word
precedes.
Example: “Statutory Construction is an easy subject, but the
Professor somehow makes it difficult.”
 Distributive – refers to each member of the group
individually and separately
Examples of distributive words: “each”, “every” and “either”.
“Statutory Construction is an easy subject, but the Professor
somehow makes it difficult. Each student enrolled in the class may
either pass or fail, without fear or favor.”
Expression unius ext exclusion alterius.
Mention of one thing implies the exclusion of another.
Example: “Female lawyers _________are required to wear uniform
on __________.
Express mention of one person, thing or consequence implies
the exclusion of all others.
 It is formulated in a number of ways:
a. One variation of the rules is the principle that what is
expressed puts an end to that which is implied
Expressum facit cessare tacitum
b. General expression followed by exceptions therefrom
implies that those which do not fall under the exceptions
come within the scope of the general expression.
Exceptio firmat regulam in casibus non exceptis
c. Expression of one or more things of a class implies the
exclusion of all not expressed, even though all would
have been implies had none been expressed.
The rule expressio unius est exclusio alterius and its variations are
canons of restrictive interpretation.Basis: legislature would not have
made specified enumerations in a statute had the intention been not
to restrict its meaning and confine its terms to those expressly
mentioned. They are opposite the doctrine of necessary implication.
XIX. Negative-opposite doctrine
The principle that what is expressed puts an end to that which is
implied is also known as negative-positive doctrine or argumentum
a contrario.
XX. Application of expressio unius ruleThe rule of expressio
unius est exclusio alterius and its corollary
canons are generally used in the construction of statutes granting
powers, creating rights and remedies, restricting common rights,
and imposing penalties and forfeitures, as well as those statutes
which are strictly construed.
Where a statute directs the performance of certain acts by a
particular person or class or persons, it implies that it shall not be
done otherwise or be a different person or class of persons.
29
If a statute enumerates the things upon which it is to operate,
everything else must necessarily, and by implication, be excluded.
XXI. Limitations of rule
The rule expressio unius est exclusio alterius is not a rule of law. It
is a mere tool of statutory construction or a means of ascertaining
the legislative intent.
The rule, not being inflexible nor a mechanical or technical tool,
must yield to what is clearly a legislative intent.
It is no more than an auxiliary rule of interpretation to be ignored
where other circumstances indicate that the enumeration was not
intended to be exclusive.
It should applied only as a means of discovering legislative intent
and should not be permitted to defeat the plainly indicated purpose
of the legislature.
It will not apply where the enumeration is by way of example or to
remove doubts only.
 It will not apply in case a statute appears upon its face to limit the
operation of its provisions to particular persons or things by
enumerating them, but no reason exists why other persons or
things not so enumerated should not have been included and
manifest injustice will follow by not including them.
 The rule may be disregarded of it will result to incongruities or a
violation of the equal protection clause of the constitution,
inconvenience, hardship and injury to the public interest.
 Where the legislative intent shows that the enumeration is not
exclusive, the maxim does not apply.
Noscitur a sociis.
Meaning of particular terms in a statute may be ascertained by
reference to words. Associated with or related to them in statute.
Casus omissus.
Words or phrases may be supplied by the courts and inserted in a
statute. Where it is necessary to eliminate repugnancy and
inconsistency to complete the sense and give effect to the intent.
Used to supply omissions caused by clerical errors, by accident or
inadvertence.
The rule of casus omissus pro omisso habendus est states that a
person, object or thing omitted from an enumeration must be held
to have been omitted intentionally.
 Principle proceeds from a reasonable certainty that a particular
person, object or thing has been omitted from a legislative
enumeration
 The rule does not apply where it is shown that the legislature did
not intend to exclude the person, thing, object from the
enumeration. If such legislative intent is clearly indicated, the court
may supply the omission if to do so will carry out the clear intent of
the legislature and will not do violence to its language.
Casus omissus, conditions for application.
-only if palpable and the omitted words are plainly indicated
in the context or verifiable from other parts of the statute.
V. CONSTRUCTION OF WORDS AND PHRASES
“May” and “shall”, distinguished.
“may”- permissive and operates to confer discretion
“shall” – imperative with a duty to enforce
30

Use of the word “may” in the statute generally connotes a
permissible thing, and operates to confer discretion while the word
“shall” is imperative, operating to impose a duty which may be
enforced.
The term “shall” may be either as mandatory or directory depending
upon a consideration of the entire provision in which it is found, its
object and consequences that would follow from construing it one
way or the other.
- Depending upon a consideration of the entire provision, its nature,
its object, and the consequences that would follow from construing
it one way or the other, the convertibility of said terms either as
mandatory or directory is a standard recourse in statutory
construction.
- It is well-settled that the word ―may‖ should be read as ―shall‖
where such construction is necessary to give effect to the apparent
intention of the legislature.
- The word ―may‖ will, as a rule, be construed as ―shall‖ where a
statute provides for the doing of some act which is required by
justice or public duty, or where it vests a public body or officer with
power and authority to take such action which concerns the public
interest or rights of individuals.
- The word ―shall‖ may be construed as ―may‖ when so required
by the context or intention of the legislature. It shall be construed
merely as permissive when no public benefit or private right
requires that it be given an imperative meaning.
Guingona V Carague, GR No. 94571, April 22, 1991
FACTS:
Congress earmarked 86 billion for debt servicing and 27 billion for
education. This was challenged s unconstitutional because Section
5, Article XIV of the 1987 Constitution says:
“ The State shall assign the highest budgetary priority to education
xx”
HELD:
While it is true that it mandates Congress to assign the highest
budgetary priority to education, it does not follow that the hands of
Congress are so hamstrung as to deprive it the power to respond to
the imperatives of national interest and for the attainment of other
state policies or objectives.
The use of the word “shall” is not always mandatory, it may be
construed as merely directory depending on legislative intent or
when the provision involved is not self-executing.
Special or technical meaning.
Words and phrases having technical or special meaning are
construed in their technical sense.
This applies to terms with established trade, business, commercial
or professional significance.
Exception.
When intended otherwise by Congress or it defeats legislative
intent.
Illustrative case: Asiatic Petroleum Co., v Collector, 30
Phil. 510
FACTS:
A tax law provides that “no tax shall be collected on such article
which before the taking effect of this Act, shall have been disposed
of to persons other than manufacturers or wholesale dealer.”
HELD:
No. The oil was not “disposed of”. Had the legislature intended
“disposed of” to mean “sold and delivered”, it would have used the
latter phrase. The legislative evidently took into consideration the
custom of merchants in using the phrase of “in its commercial and
not technical sense.”
31
 Rules for language
Conjunctive “and” and disjunctive “or”. The system of rules by which words are formed and put together to
make sentences.
“And” means conjunction connecting words or phrases expressing
Grammar, what rules apply.
the idea that the latter is to be added or taken along with the first. Ordinary rules of grammar to determine legislative intent.
Conjunctive article. Grammar, limitation.
Not conclusive if it defeats legislative intent.

“Or” is a disjunctive particle used to express as alternative or to

Rules on punctuation, tense ,gender, and number, degree of
give a choice of one among two or more things. It is also used to
aid.
clarify what has already been said, and in such cases, means “in Very little weight.
other words,” “to wit,” or “that is to say.” Disjunctive article Punctuation.

indicating an alternative.

Moreno v Comelec, GR No 168550, August 10, 2006

When used, the various members of the sentence are to be taken
jointly. Tense
Statutes expressed in the future may nevertheless be regarded as
having present effect.
“All”, “any”, “every”.
“all” – universal or comprehensive sense Gender
Example: “All female law students are required to wear corporate
The use of masculine gender does not preclude application to
attire every Wednesday.” females. Where intent requires it.
“any” – restrictive interpretation in some cases.
Example: “Any female law student who does not wear corporate
Number
attire on a Wednesday is required to wear it everyday.”
Words importing singular number may be extended to several
“every” – word of inclusion.
persons or things. Unless it defeats legislative intent.
Example: Every female law student in the University of San Carlos
College of Law is required to wear corporate attire every
Inaccuracies or clerical errors.
Wednesday.”
May be corrected by the Court if it is necessary to carry out the
legislative intent.
“Etcetera”.
Example:
- And so forth
“Courts of law” was encoded instead on “course of law”. That it is a
on the text of he Statute
mere typographical error is evident. If uncorrected, it renders the
Grammar.

32
law non-sensical. It must be corrected by the court as it is duty
Intrinsic aids are resorted to only if there is ambiguity. In resorting to intrinsic aids,
bound to give statute a sensible construction.
A man wrote a book entitled “How to Change your Life”. He was one must go back to the parts of the statute: the title, the preamble, context or body,
uncertain if it sells, since it appears predictable, as many other chapter and section headings, punctuation, and interpretation.
books of similar theme were already published prior to it. To his
surprise, 10 million copies were sold on the first week they were out
in the market. It turned out the title was inadvertently made “How GENERALLY : Where the meaning of a statute is ambiguous, the court may avail itself
to Change your Wife”. of all legitimate aids to construction in order that it can ascertain the true intent of
the statue.
Foreign language.
Revised Penal Code was approved in its Spanish text but translated
to English. In case of doubt, the Spanish prevails. Intrinsic aids, enumerated.

Context
FACTS: Punctuation and capitalization
Congress earmarked 86B for debt servicing and 27B for education. Language or lingual text
This was challenged as unconstitutional because Section 5, Article Title
XIV of the Constitution says “Congress is mandated to assign the Chapter, article and section headings
highest budgetary priority to education” in order to “ insure that Marginal notes
teachings will attract and retain its rightful share of the best Preamble
available talents through adequate remuneration and other means Legislative definitions and interpretative clauses
of job satisfaction and fulfillment,” it does not thereby follow that
Self-executing provisions: does not need an enabling law
PRE-FINALS:
Context
VI. INTRINSIC AIDS IN CONSTRUCTION The text surrounding word or passage. Words phrases or passages that come before
and after a particular word or passage in a speech or piece of writing and help
explain its full meaning.
Intrinsic aids, defined.
They must be taken as a whole and in relation to one another.
In the printed page of the statute itself, you always see them within the face of the
Reason for the rule: The statute is enacted as a whole and not in parts or sections.
statute
Purpose of the rule: To give proper emphasis to each provision and avoid giving
The term “intrinsic” means internal or within. Intrinsic aids, therefore, are those aids undue emphasis or effect to particular words, clauses, parts or group of words.

within the statute.

33
If context admits of two interpretations: The one which tends to give effect to the Coma – separate words
manifest object of the law should be adopted.
Semicolon – separate words, more pronounced, more emphatic than coma
Reason why construe the law in its entirety? Because the law was enacted also in its
entirety and it is not a piece by piece legislation Period – separates a sentence
Legislative intent should accordingly be ascertained from a consideration of the
Article VII, Section 16, 1987 Constitution
whole context of the stature and not from an isolated part of particular provision
“Section 16. The President shall nominate and, with the consent of the Commission
(Aboitiz Shipping Corp. v. City of Cebu).
on Appointments, appoint the heads of the executive departments, ambassadors,
other public ministers and consuls, or officers of the armed forces from the rank of
The best source from which to ascertain the legislative intent is the statute itself –
colonel or naval captain, and other officers whose appointments are vested in him
the words, phrases, sentences, sections, clauses, provisions – taken as a whole and in
in this Constitution. He shall also appoint all other officers whose appointments are
relation to one another. (Commissioner of Internal Revenue v. TMX Sales)
not otherwise provided by law, and those whom he may be authorized by law to
appoint. The Congress may, by law, vest the appointment of other officers lower in
Punctuation - aids of low degree and can never control the intelligible
rank in the President alone, in the courts, or in the heads of departments, agencies,
meaning of written words; may be used to clear ambiguities.
commissions, or boards.
The President shall have the power to make appointments during the recess
Punctuation marks are aids of low degree and can never control against the
of the Congress, whether voluntary or compulsory, but such appointments shall be
intelligible meaning of written word. The reason is that punctuation marks are not
effective only until disapproval by the Commission on Appointments or until the next
part of a stature; nor are they part of the English language (Feliciano v. Aquino). adjournment of the Congress.

a. Semi-colon – indicates a separation in the relation of the thought, a degree

CALDERON V CARALE, G.R. No. 91636, April 23, 1992
greater than that expressed by a comma. Makes the difference being that the
semi-colon makes the division a little more pronounced Capitalization - Also an aid of low degree in the construction of
b. Comma – also separates the parts and sentences, but less pronounced than statute.
the comma.
c. Period – used to indicate the end of a sentence. Language or lingual text.
A. Philippine laws are officially promulgated either in:
Note: An argument based upon punctuation alone is not persuasive, and the courts 1) English
will not hesitate to change the punctuation when necessary, to give the statute the 2) Spanish
effect intended by the legislature. 3) Filipino
4) Or either in two such languages
Punctuation, defined: Standardized non-alphabetical symbols or marks that are used
to organize writing into clauses, phrases, and sentences, and in this way make its B. Rules:
meaning clear. Grammatical marks (a) If text is in English and Spanish, English text shall govern.

34
 (b) But in case of ambiguity, omission, or mistake, the Spanish text may be
consulted to express the English text.
(c) If statute is officially promulgated in Spanish, English or in Filipino with
translations into other languages, the language in which it is written
(promulgated) prevails over its translation. Language of promulgation
prevails over language in translation.
(d) In the interpretation of a law administrative issuance promulgated in all
the official languages (Filipino), the English text shall control, unless
otherwise specifically provided. In case of ambiguity, omission or other
mistake, the other texts may be consulted. For consultation only,
merely persuasive, not binding, only in case of doubt.
Local ordinances should be translated in the vernacular (especially if it is penal in
character) because there is a requirement there so as not to violate due process so
that that it can be readily understood by the constituents and they cannot use it as a
defense that they did not understand what was being posted with regard to the law
if it is written or promulgated in English.
If promulgated both in English and Spanish language. English prevails.
Title.
May resolve doubts as to its proper construction by extending or restraining its
purview or by correcting an obvious error. In case of doubt, resort may be had to the
title to determine legislative intent because it normally indicates it.
Limitation: Not controlling, if the body of the statute is free from ambiguity, no resort
to the title. Need not be an index of contents of the law but it carries weight because
of the one title – one subject matter rule.
1. It serves as aid in case of doubt in its language, to its construction and
ascertaining legislative will.
2. Used by the court to clear the obscurity.
3. An aid when there is doubt as to the meaning of the law.
WHEN THE TEXT OF THE STATUTE IS CLEAR AND FREE FROM DOUBT, IT IS
IMPROPER TO RESORT TO ITS TITLE TO MAKE IT OBSCURE.
POE V COMELEC, G.R. No. 221697, March 8, 2016
Chapter, article and section headings
Head Notes or epigraphs – convenient index to the content of its
provisions.
(a)  In case of doubt or ambiguity in the meaning of the
law or the intention of the legislature, they may be consulted in aid or interpretation.
(b)  They are not part of the law thus, they can never control the plain terms of the
enacting clauses.
(c)  When the text of the statute is clear and unambiguous, there is neither necessity
nor propriety to resort to headings and epigraphs for the interpretations of the text.
(d)These secondary aids may be consulted to remove, but not to create, doubt nor to
limit or control the plain language of the law.
Marginal notes
Marginal notes and heading summarize the effect of sections of an Act
where the wording of either marginal notes or headings seem to have a
contradictory meaning to the wording of the main body of an Act, the wording of the
main body of an Act should be followed. Marginal notes and headings are inserted
when Act goes for printing during its progress through Parliament; so are a little
unreliable as an indication of Parliament’s will.
Notes written in a margin, usually handwritten and initialed.
Marginal notes, limitation: Resorted to only when such notes were in fact inserted
under the authority of the legislature (needs approval from Congress).
Preamble.
35
Introductory explanation. Not an essential part of the statute. May explain
ambiguities but not conclusive or controlling.
Preamble, purpose: The key to the statute. To open the minds of the makers as to
the mischiefs to be remedied and objectives to be accomplished by the provision of
the statute.
and still there remain some ambiguity in the statute.
Extrinsic aids resorted to by the courts are history of the enactment of the statute;
opinions and rulings of officials of the government called upon to execute or
implement administrative laws; contemporaneous construction by executive officers;
actual proceedings of the legislative body; individual statements by members of
congress; and the author of the law.

1. That part of the statute written immediately after its title, which states the Other sources of extrinsic aids can be the reports and recommendations of legislative
purpose, reason or justification for the enactment of the law. committees; public policy; judicial construction; and construction by the bar.
2. Expressed in the ‘Whereas clause’
3. Usually omitted in statutes made by the congress. In its place, these an aid
in legislative bodies used the explanatory note to explain the reasons for the Extrinsic aids, where found.
enactment of statutes. Extraneous facts and circumstances outside the printed page of the statute
4. Not an essential part of a statute.
(a) Thus, where the meaning of a statute is clear and unambiguous, the Extrinsic aids, enumerated.
preamble can neither expand nor restrict its operation, much less History or realities existing at the time of the passage of the law
prevail over its text. Legislative proceedings
(b) It cannot be used as basis for giving a statute a meaning not apparent Changes in phraseology
on its face. Prior laws and judicial decisions
5. It may clarify ambiguities (thus it is the key of the statute) Contemporaneous and construction
6. It may express the legislative to make the law apply retroactively, in which Consequences of alternative interpretations
case the law has to be given retroactive effect, so as to carry out such intent Objects
(PNB v Office of the President) Purpose
Expediency
Legislative definitions and interpretative clauses. Occasion and necessity
Such definition or construction should be followed by the Courts. Statutory definition Remedy provided
supersedes the commonly accepted or a previous judicial definition. Conditions of the country to be affected
And other extrinsic matters
VII. EXTRINSIC AIDS IN CONSTRUCTION Resort to extrinsic aids, when.
Extrinsic aids are resorted to after exhausting all the available
Extrinsic aids, defined. intrinsic aids and still there remain some ambiguity in the statute.
These are existing aids from outside sources, meaning outside of the four corners of
If all the intrinsic aids have been availed/exhausted and the ambiguity
the statute. If there is any doubt as to the meaning of the statute, the interpreter
must first find that out within the statute. remains

Extrinsic aids therefore are resorted to after exhausting all the available intrinsic aids Extrinsic aids resorted to by the courts are:

36
 a. History of the enactment of the statute; Contemporaneous construction is the construction placed upon the statute by an
b. Opinions and rulings of officials of the government called upon executive administrative officer called upon to execute or administer such statute.
to execute or implement administrative laws;
c. Contemporaneous construction by executive officers charged
with implementing and enforcing the provisions of the statutes Legislative history.
unless such interpretation is clearly erroneous; It is a well-settled rule of statutory construction that where a statute
d. Actual proceedings of the legislative body; is susceptible of several interpretations where there is ambiguity in
its language, there is no better means of ascertaining the will and
e. Individual statements by members of congress; and
intention of the legislature than that which is afforded by the history
f. The author of the law Other sources of extrinsic aids are: of the statute. Generally speaking, the history of a statute refers to
all its antecedents from its inception until its enactment into law. Its
Contemporaneous circumstances. history proper covers the period and the steps done from the time
Courts may resort to contemporaneous construction or that put upon it at the time the bill is introduced until it is finally passed by the legislature.
of its passage or soon afterwards and universally acquiesced in and acted upon.
WHERE A STATUTE IS SUSCEPTIBLE OF SEVERAL
INTERPRETATIONSOR WHERE THERE IS AMBIGUITY IN ITS
Facts and circumstances existing at the time of, and leading to the enactment of the LANGUAGE, THERE IS NO BETTER MEANS IF ASCERTAINING THE
statute such as: WILL AND INTENTION OF THE LEGISLATURE THAN THAT WHICH IS
History of the times AFFORDED BY THE HISTORY OFTHE STATUTE.
Contemporaneous customs
The state of the existing law Legislative History, scope.
Evils to be remedied
Covers introduction of the bill in the legislature up to its final
Remedy provided passage
Example: Riding in tandem ordinance wherein if you are looking from the
outside you can never understand the sense of banning two people riding in Legislative history, what it includes.
a motorcycle, unless you know the contemporaneous circumstance that led
to the enactment of that particular enactment President’s message
Explanatory note accompanying the bill
Committee reports of the legislative investigations and public hearings of the
Contemporary Construction subject of the bill
Definition: these are construction placed upon statutes at the time of, or after, their Sponsorship speech
enactment by the executive, legislature or judicial authorities, as well as those who, Debates and deliberations
because of their involvement in the process of legislation, are knowledgeable of the Amendments and changes in phraseology
intent and purpose of the law.
WHAT CONSTITUTES LEGISLATIVE HISTORY

Contemporanea exposition est optima et fortissimo in lege - the contemporary A. all antecedents from the statutes inception until its enactment
construction is strongest in law. (Contemporaneous construction, degree as aid.) into law.

37
(a)  Includes the presidents message if bill was enacted in response
thereto
(b)  Explanatory note accompanying the bill
(c)  Committee reports of legislative investigations
(d)  Public hearings on the subject of the bill
(e)  Sponsorship speech
(f)  Debates and deliberations concerning the bill
(g)  Amendments and changes in phraseology it has undergone
before final approval.
B. If statute is a revision of prior statute, the latter‘s practical
application and judicial construction amendments it underwent and
contemporary events during the time of its enactment shall form
part of its legislative history.
C. Foreign statute, history includes:
1. history of Anglo-American precedents or other foreign
sources
2. their practical application and the decision of the courts
construing and applying such precedents in the country of
origin.
Illustrative case: EJERCITO V COMELEC, G.R. No. 212398, November 25,
2014
The SC traced back at least 3 laws prior to the enactment of that one
particular law which disqualified ER Ejercito as elected governor of Laguna.
The main question there was, “If you are a main contributor to the
campaign funds for a particular candidate, is your contribution part of the
computation to determine if the particular candidate overspent his expenses in the
elections?” And of course, the SC (there was no ambiguity, it was only contested by
Ejercito) said that consistent in the 3 laws, in computing for campaign expenses
donations from 3rd party donors are included to check if that candidate has overspent
or underspent.
President’s message to legislature.
1. President’s address (State of the Nation Address) – address to the Congress
at the opening of the regular session. Contains:
(a) Proposed legislative measures;
(b) Indicates the president’s thinking on the proposed legislation, which
when enacted into law, follows his line of thinking.
State of the Nation Address where president proposes legislative measures. Indicates
his line of thinking on the matter. Thus, courts may refer to the message of the
president to determine legislative intent because the statute was passed in response
to the president’s message
Explanatory note. –a short exposition of explanation accompanying a proposed
legislation by its author or proponent. Contains:
�a)Statement of the reason or purpose of the bill
�b) Arguments advanced by its author in urging its passage
A short explanation accompanying a proposed legislation by its author
WHERE THERE IS AMBIGUITY IN A STATUTE OR WHERE A STATUTE IS SUSCEPTIBLE OF
MORE THAN ONE INTERPRETATION, COURTS MAY RESORT TO THE EXPLANATORY
NOTE TO CLARIFY THE AMBIGUITY AND ASCERTAIN THE PURPOSE OR INTENT OF THE
STATUTE.
Note:
(a) The explanatory not be used as basis for giving a statute a meaning that is
inconsistent with what is expressed in the text of the statute.
(b) Explanatory note is only resorted to only for clarification in case of doubt,
and not where there is no ambiguity in the law.
(c) This is a mere expression of author’s views and reasons for the proposed
legislation and may not accordingly override the clear intent as expressed in
the statute.
Explanatory note, contents.
38
 Reason or purpose of the bill
Arguments advanced by the author
Reports & Recommendation of legislative committees.
Lucrative source of information helpful in construction provided: they are recorded
in the journal
Limitation: Committee Reports are not controlling, may not be considered to clear an
ambiguity.
Reports of commissions
(1) Commissions – are usually formed to compile or collate all laws on a
particular subject and to prepare the draft of the proposed code.
(2) Special commissions were created to draft the text of the RPC and Civil
Code.
Legislative debates, views and deliberations.
Useful in interpretation provided they show common agreement among the
members of the legislature as to the meaning of an ambiguous provision
Look into the end result, find out what the intent
Legislative debates, limitation.
Not safe guides to ascertain the meaning and purpose of the law. They express only
the views and opinions of the individual members of the legislature and do not
necessarily reflect the view of Congress as a whole.
Courts may avail themselves of the actual proceedings of the legislative body to
assist in determining the construction of a statute of doubtful meaning. They may
resort to the legislative deliberation in the legislature on a bill which eventually was
enacted into law to ascertain the meaning of its provisions. Thus, where there is
doubt as to what provision of a statute means, that meaning which was put to the
provision during the legislative deliberation or discussion on the bill may be adopted.
Legislative debate- may be resorted to when there is doubt as to what a provision of
a statute means. However, the views expressed by the legislators during
deliberations of a bill as to the bill’s purpose are not controlling in the interpretation
of the law.
The opinion and views expressed by the legislators during floor deliberations of a bill
may not be given weight at all in any of the following instances:
(a) Where the circumstances indicating meaning of a statute other than
that expressed by the legislators
(b) Where the views expressed were conflicting
(c) Where the intent deducible from such views is not clear
(d) Where the statute involved is free from ambiguity
WHERE TWO OR MORE STATUTES RELATING TO THE SAME SUBJECT MATTER WERE
ENACTED BY DIFFERENT ASSEMBLIES, NEITHER IS QUALIFIED TO SPEAK ABOUT THE
INTENT OF THE OTHER.
Illustrative case: POE VS COMELEC, G.R. No. 221697, March 8, 2016
Public Policy
Policy which induced its enactment or which was designed to be promoted is a
proper subject for consideration.
Adopted statuesThe general rule is that where local statues are
pattered after or copied from those of another country, the decision
of the courts in such country construing those laws are entitled to
great weight in the interpretation of such local statues and will be
generally followed if found reasonable and in harmony with justice,
public policy and other local statues on the subject.Example of such
statues:
RULE: An Amendment of a statute indicates a change in meaning
from that which the statute originally had.
(a) corporation law
(b) tax code
(c) labor laws
(d) naturalization law
(e) Rules of court
Limitations of the rule:where the local law and id the foreign statute
39
from which the former was patterned differ in some material aspects
foreign construction is clearly erroneous or has not become settled
where the adopting state has given the statute its own
interpretation
Construction by executive officers.
(Executive Construction) is the construction by an executive or administrative officer
directly called to implement the law. The opinions and rulings of officials of the
government called upon to execute or implement administrative laws command
much respect and weight. An interpretation embodied in a circular, directive or
regulation is an expressed interpretation.
Construction by executive officers, forms.
Executive and administrative officers are generally the very first official to interpret
the law. These interpretations are in the form of:
1. Rules and regulations
2. Circulars
3. Directives
4. Opinions and rulings
Executive construction, kinds.
1. Construction by an executive or administrative officer directly called to
implement law which may be:
(a) Expressed (ex. Interpretation embodied in circulars, directive or
regulation)
(b) Implied (a practice of enforcement of not applying the statute to certain
situtations)
2. Construction by the Secretary of Justice in his capacity as the chief legal
adviser of the government in the form of opinions. In the absence of the
ruling of a president, the opinions of Sec. of Justice is controlling among
administrative and executive officials.
3. Interpretation handed down in and adversely proceeding in the form of a
ruling by an executive office exercising quasi-judicial power.
Note: In the absence of error or abuse of power or lack of jurisdiction or grave abuse
of discretion clearly conflicting with either the letter or the spirit of a legislative
enactment creating or changing a governmental agency, the action of the agency
would not be disturbed by the courts.
Reason why contemporaneous construction is given much weight: it comes from the
particular branch of government called upon to implement the law thus construed –
these same people are the drafters of the law they interpret.
When to disregard Contemporaneous construction. CC is not binding upon the court.
The court may disregard it:
1. Where there is no ambiguity in the law
2. Where the construction is clearly erroneous
3. Where strong reason to the contrary exists
4. Where the court has previously given the statue a different interpretation
If there is a error in implementation of the law, such error may be corrected. The
doctrine of estoppel does not apply.
As a rule, erroneous contemporaneous construction creates no vested right on the
part of those who relied and followed such construction. But this rule is not absolute.
There may be exceptions in the interest of justice and fair play (ex. Tax cases).
Construction of executive officers, value.
Considered and given weight if uniform, consistent, observed and acted on for long
period of time.
Opinions and rulings of officials tasked to enforce administrative laws command
much respect and weight. The duty to enforce the law, which devolves upon the
executive branch of the government necessarily calls for the interpretation of its
ambiguous provisions. Thus, executive and administrative officers are generally the
first officials to interpret the law, preparatory to its enforcement and such
interpretation comes in the form of rules and regulations, circulars, directives,
opinions and rulings.
Executive construction, kinds.
 Construction by an executive or administrative officer directly called to
implement the law
40
  May be expressed or implied
 Example of expressed or implied
 Example of expressed construction – circular, directive or regulation
 Example of implied construction – non-enforcement in certain situations, or
applying it in a particular manner
 It is interpretation by usage or practice
Construction by the Secretary of Justice
 In his or her capacity as chief legal adviser
Executive construction, kinds.
 Construction by the Secretary of Justice- It is in the form of opinions issued
upon request of administrative or executive officials who enforce the law.
 Construction by an executive officer exercising quasi-judicial power -It is in
the form of a ruling in an adversary proceeding
Legislative construction.
Legslative interpretation – the legislature may provide an interpretation or
declaration clause in a statue but they cannot limit or restrict the power granted to
courts.
1. While legislative interpretation is not controlling, courts may resort to it to
clarify ambiguity in the language.
2. Such legislative interpretation is entitled of respect especially if the
executive department has similarly construed the statute.
Legislative construction, form.
 Indicated by the language of the later enactments
 May be considered, but not controlling.
  One should follow precedents and should not disturb what has been settled
Judicial Construction.
A. The power and duty to interpret or construe a statue or the Constitution
belongs to the judiciary.
B. Supreme Court construes the applicable law in controversies which are ripe
for judicial resolution.
C. Moot and Academic cases- cases wherein:
1. Purpose has become stale
2. Where no practical relief can be granted
3. Which have no practical effect
D. The court may nonetheless resolve a moot case where public interest
requires its resolution.
E. Laws are not interpreted in a vacuum, they are always decided based on
facts. Thus, “LAWS ARE INTERPRETED ALWAYS IN THE CONTEXT OF THE
PECULIAR FACTUAL SITUATION OF EACH CASE. THE CIRCUMSTANCES OF
TIME, PLACE, EVENT, PERSON AND PARTICULARLY ATTENDANT
CIRCUMSTANCES SHOULD BE TAKEN IN THEIR TOTALITY SO THAT JUSTICE
CAN BE RATIONALLY AND FAIRLY DISPENSED. (Philippines Today, Inc v NLRC)
Judicial construction
 A judicial decision interpreting a statute is considered in construing similar
subsequent statutes
Doctrine of STARE DECISIS.
1. Stare decisis et non quieta movere – one should follow past precedents and
should not disturb what has been settled.
Reason for such doctrine: the supreme court has a duty not only of interpreting and
applying the law but also in protecting the society from needless upheavals. Interest
reipublicae ut sit finis litium – interest of then state demands that there be an end to
litigation.
2. A ruling in order to come within the doctrine of stare decision must be
categorically stated in the issue expressly raised by the parties; must be a
direct ruling.
3. Rulings that are merely sub silencio are merely OBITER DICTUM.
4. This doctrine is not absolute because Supreme Court may change or
abandon a precedent enunciated by it.
Doctrine of stare decises et non quieta movere.
Doctrine of stare decisis, when applied.
 The ruling must be categorically stated on an issue expressly raised by the
parties on an issue expressly raised by the parties
 Must be a direct ruling on substantially the same facts.
OBITER DICTUM. –an opinion of the court upon some question of law which
is not necessary to the decision of the case before it; not binding)
Obiter dictum or obiter dicta
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  “other things said”
 a passing comment, an observation made by a judge incidental to the case
being tried
 while authoritative, is not binding on future courts under the doctrine of
stare decisis
 An opinion expressed by the court upon some question of law which is not
necessary to the decision of the case before it
 It is not binding as a precedent
Ratio decidendi or rationes decidendi.
 “The reasons for the decision”
 Principles used by a judge when deciding
Ratio decidendi or ratio decidendi
 the principles create a binding precedent
 courts will have to follow the same decision iif a case with similar facts is
presented
obiter dictum & ratio decidendi, distinguished
 Ratio decidendi – a binding precedent
 Obiter dictum – a persuasive precedent
Construction by the Bar. – They are always received with great respect and
consideration and may be resorted to for the purposes of determining the meaning
of the statute.
 The meaning publicly given by the statute by long professional usage.
 Presumed to be true but not controlling
Dictionaries and textbooks.
Dictionaries generally define words in their natural, plain and ordinary acceptance
and significance. Where the law does not define the words used in a statute and the
legislature has not intended a technical or special meaning to those words, the Court
may adopt the ordinary meaning of the words as defined in the dictionaries.
Determine the meaning to be assigned to words of common usage or technical
terms.
Illustrative case: ZARI V FLORES, 94 SCRA 319 (1979
Doctrine of implications and inferences.
Doctrine of necessary implication & inferences
 That which is implied in the statute is much a part of it as that which is
expressed
Doctrine of necessary implication, purpose.
 It enables the court to draw inferences from legislative purpose and intent
 In such a way as to determine whether certain minor or specific things are
covered by the general or broad terms used in the statute
Doctrine of necessary implication, reason.
 Very rarely, if at all, are statutes framed with minute particularly as to cover
every conceivable situation
Doctrine of necessary implication, nature of.
 This is not judicial legislation, but a method of discovery of legislative intent
through the logical process of deduction
 A statutory grant of power carries with it, by implication, everything
necessary to carry out the power or right and make it effectual and
complete
Doctrine of necessary implication, limitation.
 If it is not a part of legislative intent
CHUA VS CSC, 206 SCRA 65 (1992)
Illustrative case: Chua vs. Civil Service Commission, GR No. 88979, February 7, 1992
Facts:
 the Early Retirement and Voluntary Separation Law was enacted to
streamline and trim down the bloated bureaucracy
 Section 2 states in part:
 “the benefits under this Act shall apply to all regular, temporary, casual, and
emergency employees, regardless of age, who have rendered atleast a total
of two (2) consecutive years of government service as of the date of
separation.”
 “Uniformed personnel of the Armed Forces of the Philippines including
those of the PC-INP are excluded from the coverage of this Act.”
 An employee of the National Irrigation Administration (NIA) applied to avail
of early retirement but it was denied.
 Instead, she was offered separation benefits
 She went to the Civil Service Commission (CSC) but it affirmed the decision
of NIA.
42
  She moved to reconsider but was still denied.  the denial of the application is unreasonable, unjustified and oppressive.
Contention of the CSC:  The application should be granted in the interest of substantial justice, after
 The employment is co-terminous with a project, which is contractual in all, the employee served form almost 15 years.
nature.
 As such, she is not one of those enumerated in the law, namely, regular, CoA v PROVINCE OF CEBU, G.R. No. 141386, November 29, 2001
temporary, casual, and emergency employees.
 Thus, she is not covered by the law pursuant to the statutory construction Illustrative case: COA vs. Province of Cebu, GR No. 141386, November 29, 2001.
principle of expression unius est exclusion alterius. Facts:
 The objective of the Separation Law is not really to grant separation or  The Governor of Cebu appointed teachers who have no item in the DepEd
retirement benefits but reorganization to streamline government functions. plantilla to handle extension classes to accommodate students in public
Contention of the employee: schools.
 the implementing guidelines of the Early Retirement Law enumerates  The salaries and personnel-related benefits of these teachers were charged
employees who are excluded from the coverage. against the Special Education Fund (SEF)
 They are experts and consultants, uniformed military and police personnel,  Also charged against the SEF are scholarship grants of the province
appointed officials and employees, officials and employees who retired  The CoA suspended the disbursement because salaries and grants are not
voluntarily prior to the law or those with pending cases punishable by chargeable against the SEF.
mandatory separation from service. Contention of CoA:
 She does not belong to any of the excluded employees, hence she is
 Section 100(c)2 of the Local Government Code provides:
included.
 “the annual school board budget shall give priority to the following: x x x
Held:
 Establishment and maintenance of extension classes where necessary;”
 There is no substantial difference between contractual, casual and
 The legal maxim “expressio unius est exclusion alterius” applies
emergency employees.
 Since salaries, personnel-related benefits and scholarship grants are not
 A co-terminous employee is non-career civil servant, just like casual and
among those authorized as lawful expenditures of the SEF under the Local
emergency employees.
Governement Code, they should be deemed excluded.
 It may be argued that Congress would not have specifically enumerated that
Held:
employees to be covered had not the intention been to restrict its meaning
 The contention of CoA is without merit
and confine its terms and benefits to the people expression unius est
 It is an elementary rule in statutory construction that legislative intent
exclusion alterius.
controls interpretation of a statute.
 It may also be argued that a person, object or thing omitted from an
 Under the doctrine of necessary implication, the authority to open
enumeration must be held to have been omitted intentionally
extension classes chargeable against the SEF logically includes hiring of
 Pursuant to the principle casus omissus pro omisso habendus est.
teachers and payment of their salaries and other benefits, even if hiring and
 But adherace to these legal maxims results in incongruity and violates the
payment were not specifically mentioned in the law.
equal protection clause of the Constitution.
 The service and salaries of these teachers are necessary and indispensable
 The Maxim expression unius est exclusion alterius does not apply, but the
to establish and maintain extension classes.
doctrine of necessary implication
 Every statute is understood, by implication, to contain all such provisions
 It says every statute is understood, by implication, to contain all such
as may be necessary to effectuate its object and purpose,
provisions as may be necessary to effectuate its object and purpose, or to
 Or to make effective rights, powers, privileges or jurisdiction which it grants,
make effective rights, powers, privileges or jurisdiction which it grants,
including all such collateral and subsidiary consequences as may be fairly
including all such collateral and subsidiary consequences as may be fairly
and logically inferred from its terms.
and logically inferred from its terms.

43
  But a scholarship grant is neither necessary not indispensable to the
operation and maintenance of public schools.
Hence, the doctrine of necessary implication does not apply to it

Restrictions on the doctrine.

Presumptions in aid of construction.

The courts may properly rely on presumptions as to legislative intent to resolve
doubts as to its correct interpretation.

Presumptions, basis.
 Logic, experience and common sense.

Presumptions, when applied.

 When there is doubt as to legislative intent
 And such doubt should be resolved in favor of that construction which is in
accord with the presumption on the matter

Presumptions, examples.
 Congress acted within the scope of its authority
 Against violation of international law
 Against extra-territorial operation of statutes
 Against unconstitutionality
 Against extra-territorial operation of statutes
 Against unconstitutionality
 Against inconsistency, injustice
 Motive of Congress
 In favor of beneficial operation of statutes
 Against inconvenience, absurdity, and ineffectiveness of statutes
 As to public policy
 Against irrepealable laws, repeal, unnecessary changes in the laws, implied
repeals
 Acquiescence to judicial construction
 As to existing laws
 As to jurisdiction of courts

44
 Specific sections or provisions sought to be amended
Example: a provision sought to be amended is quoted, followed by “is
hereby amended to read as follows:

Implied amendment
Does not specify sections or provisions but provides for a general phrase

FINALS: Implied amendment, example of

 “any provision of law which is inconsistent therewith is modified
accordingly”
XIII. AMENDMENT, REVISION, CODIFICATION AND  but the absence of such provision does not mean that the subsequent law
may no longer amend a prior Act on the same subject
REPEAL  it still amends, if there is irreconcilable repugnancy between them
 but implied amendment is neither presumed nor favored
 every statute should be harmonized with other laws on the same subject

Amendment, defined.
Amendment, when effective.
Change or modification by addition, deletion or alteration of a statute which survives
15 days following its publication of the OG or a newspaper of general circulation,
in its amended form. If transparent, construction is dispensed with.
unless another date is specified after publication

Amendment, who has authority. Amendment, how construed.

The legislature - Legislative power to enact includes the power to amend or repeal
subject to constitutional requirements or existing law
Amendment, Scope
 It extends to statute in the nature of contracts
 Example: legislative franchises to establish and operate utilities
 Which may be unilaterally amended by the legislature
 Without impairing the obligations of contract
 Because it normally provides that it is subject to amendment or repeal by
Congress
When common good requires
A statute and its amendment should be read together as a whole.
The amended Act is regarded as if the statute has been originally enacted in its
amended form and the amendment becomes part of the original statute.
Amendment, effect of.
 An amended Act should be construed differently from the original Act
 It would not have been amended had the legislature did not want to change
meaning
Example: if the exception is deleted, it means that it is now included in the scope of
the general term.

Amendment, how it operates.

Amendment, how effected.
 General rule: amendatory Acts operate prospectively
By enactment of an amendatory Act modifying or altering some provisions of the
 Except: contrary is provided or implied
statute wither expressly or impliedly
 Condition: No vested rights or obligation of contracts is impaired

Express amendment
45
Amendment, effect on vested rights.
 Does not affect vested rights
 Because it takes effect prospectively
Amendment, effect on jurisdiction.
 Jurisdiction over the subject matter is determined by the law in force at the
time
 Of commencement of action
 Once acquired, it cannot be divested by amendatory Act and stays until
decided
 Unless: express prohibitive words or words of similar import are used
 it applies to quasi-judicial bodies
ERECTORS, INC. v NLRC , 256 SCRA 629 (1996)
Illustrative case: Erectors, Inc. Vs. NLRC, G.R. No. 104215, May 8, 1996, 256 SCRA 629
(1996)
 Facts: erectors recruited an Overseas Filipino Worker (OFW) to work as
service contract driver in Saudi Arabia for 1 year with a salary of $165 and
allowance of $165 a month plus $1,000 renewal bonus.
 But it was not implemented because the position of service driver was no
longer available.
 Thus, they executed another 1 year contract, but for the position of helper/
laborer with a salary of $105 and allowance of $105 monthly.
 The OFW returned to the country and invoked his first contract, demanding
for the difference in his salary and allowance plus contractual bonus for not
availing of his vacation or home leave credits
 But this was denied by Erectors.
 On March 31, 1982, the OFW filed with the Labor Arbiter a complaint
against Erectors for underpayment of wages and non-payement of overtime
pay and contractual bonus.
 On May 1, 1982 however, while the case was still in conciliation stage, E.O.
No. 797 creating the Philippine Overseas Employment Administration
(POEA) took effect.
 It vested the POEA with “exclusive and original jurisdiction over all cases,
including money claims, involving employer-employee realtions arising out
of or by virtue of any law or contract involving Filipino workers for overseas
employment.”
 Despite E.O. 797, the Labor Arbiter heard the case and decided in favor of
the OFW.
 Erectors appealed to thre NLRC but was denied, hence this petition for
special civil action for certiorari.
 Contention of erectors: E.O. 797 divested the Labor Arbiter of jurisdiction
over cases arising from overseas employment contract.
 It applies retroactively to affect pending cases pursuant to the ruling in
Briad Agro Development Corp vs. Dela Cerna.
 Held: E.O. 797 did not divest the Labor Arbiter with jurisdiction claims
arising from overseas employment contract.
 Jurisdiction over the subject matter is determined by the law at the time of
the commencement of the action.
 Prior to the efficacy of E.O. 797, the laws in force were P.D. Nos. 1691 and
1391 which vested the Labor Arbiter with original and exclusive jurisdiction
over these cases.
 Laws should be applied prospectively unless the legislative intent to give
them retroactive effect is expressly declared or is necessarily implied from
the language used.
 The reliance on the ruling in Briad Agro Development Corp vs. Dela Cerna is
misplaced.
 In that case, E.O. 111 amended Article 217 of the Labor Code to widen the
workers’ access to the government for redress of griecances by giving the
regional directors and labor arbiters concurrent jurisdiction over money
claims.
 This amendment however crewated a situation where their jurisdiction
overlapped.
 As a remedy, R.A. 6715 delineated their respective jurisdiction.
 As such, E.O. 111 and R.A. 6715 are curative statutes which retroactive
application is an exception to the general rule on prospective application of
laws.
 Curative statutes are enacted to cure the defects in a prior law or to validate
legal proceedings, instruments or acts of public authorities which would
otherwise be void for want of conformity with certain existing legal
requirements.
 E.O. 797 is not a curative statute. It was not intended to remedy any defect
in the law.
 It should thus be applied prospectively and should not affect jurisdiction
over cases filed prior to its efficacy.
46
  Insertion of new provisions – does not alter the construction of previous
 Erectors, Inc. Vs. NLRC Acts unless otherwise clearly intended
 Facts: A money claim arising out of overseas employment contract (OEC)  Omission of old provisions – deemed repealed, unless the statute or code
was filed by an overseas Filipino worker with the Labor Arbiter. provides, expressly or impliedly
 During pendency of the case however, a law was passed transferring  But, the repeal by revision or codification of former laws is possible only if
jurisdiction over money claims arising out of OEC from the Labor Arbiter to the revised statute or code was intended to cover and perfect system itself
the POEA.  When both intent and scope clearly evince the idea of repeal, all omitted
Held: Jurisdiction is determined by the law at the time of commencement of action. parts are deemed repealed.
Once acquired, court proceeds to hear and decide. It is not divested by subsequent MECANO v COMISSION ON AUDIT, 216 SCRA 500 (1992)
amendatory act unless it expressly provides or is curative statute which may be given Illustrative case: Mecano vs. Commission on Audit, 216 SCRA 500 (1992)
retroactive effect  Facts: An NBI Director was confined for cholecystitis which coset him
hospital and medical expenses the he wants to be reimbursed.
 He based his claim on Section 699 of the Revised Adminstrative Code (RAC)
Effect of nullity of prior or amendatory act.
of 1917 which affords civil servants allowances in case of injusry, death, or
 If the prior Act is declared invalid, the amendatory Act is also invalid sickness incurred in the performance of duty but it was denied by the
 If the amendatory Act is invalid, the prior Act stays Commission on Audit (CoA).
 Contention of CoA: Section 699 of the RAC was omitted in the
Revision, defined. Administrative Code of 1987 hence deemed repealed.
 Intends to re-examine the whole law, or of certain provisions which have  Contention of CoA: Allowing Section 699 to remain in force argues against
over-all implications for the entire law the Adminstrative Code of 1987 itself which wheras clause says:
 “the effectiveness of the Government will be enhanced by a new
Amendment and revision, distinguished. Administrative Code which incorporate in a unified document the major
 Amendment alters one or a few specific and separable provisions whereas structural, functional and procedural principles and rules of governance.”
revision overhauls the entire law  In effect, what is contemplated is only one code, the Administrative Code of
1987.
Codification, defined.  Held: Section 699 of the Revised Administrative Code of 1987.
 Enactment of various laws on the same subject matter into a single,  Held: The repealing clause of the Administrative Code of 1987 says:
comprehensive statute  “All laws, decrees, orders, rules and regulations, or portions thereof,
 It is to be considered as such and not as a series of disconnected articles or inconsistent with this Code are hereby repealed or modified accordingly.”
provisions  Since it did not specify the title or number of the law sought to be repeal,
which has two categories.
Revision and codification, purpose.  One is where the provisions of the two laws on the same subject matter are
irreconcilable.
 To restate into one statute
 The other is where the enactment of a statute revising or codifying the
 Similar subject found in various laws
former laws on the whole subject matter.
 Simplify complicated provisions
 But the second category is possible only if:
 And make them accessible and easily found
 The revised statute or code was intended to cover the whole subject to be a
complete and perfect system in itself
Revision and codification, effects.  It revises the whole subject matter of the statute
 Both intent and scope evince the idea of repeal
47
  It is clear intent of the legislature to substitute the prior Act.
 The Administrative Code of 1987 does not fall under this category, because
the intent is clear that it covers the aspects of administration organization
and procedure only.
 It also does not fall under the first category because there is no
irreconcilable conflict between the provisions of both laws.
 Lastly, implied repeal is not favored.
 The presumption is against repugnancy or inconsistency because the
legislature is presumed to know the existing laws on the subject and not to
have enacted inconsistent or conflicting statues.
 Thus, even if Section 699 of the Revised Administrative Code of1917 was
omitted in the Administrative Code of 1987, it remains in force in the
absence of irreconcilable inconsistency, apart from the fact that it was not
specifically identified for repeal.
Mecano vs. CoA
 Facts: A claim for reimbursement was denied because the provision of law it
invoked was omitted in the subsequent law.
Held: Mere omission of a probision in the subsequent law does not result in
amendment or repeal unless it expressly provided.
 Otherwise, it is deemed an implied repeal which may either be due to
irreconcilable differences between the prior and subsequent law or the
enactment of a subsequent law revising or codifying the old laws is intended
to cover the whole subject to be a complete and perfect system in itself.
Change in phraseology
Change in phraseology – mere change in phraseology does not imply that the
lawmakers intended to change the construction of the old laws
General Rule: neither change in phraseology nor omission or addition of words alters
the construction of former Acts
Except: if intent to change the construction is very clear, especially if the change or
omission is material as to indicate intent to depart from the previous construction of
the old laws
Rearrangement of sections
Rearrangement of sections – does not change the operation, effect or meaning of
statute unless changes are of such nature as to clearly manifest legislative intent to
change old laws
Repeal, defined.
 Recalling, revoking or abrogation of a statute by another.
Repeal, who has authority.
 The legislature, subject to constitutional limitations
 Section 1, Article VI, the Legislative Department, 1987 Constitution.
 “The legislative power 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 on initiative and
referendum.”
Constitutional prohibition against passage of irrepealable laws.
 Except to the extent reserved to the people by the provision on initiative
and referendum.
 Non-delegability of legislative power
 Prohibition against enactment of irrepealable laws
 They are not found in the text of the Constitution because the are mere
corollaries in the nature of implied substantive limitations.
CITY OF DAVAO v RTC, GR No. 127383, August 18, 2005
Illustrative case: City of Davoa vs. RTC, G.R. No. 127383, August 18, 2005.
 First, that Section 33 of P.D. 1146 be expressly and categorically repealed by
law;
 Second, that a provision be enacted to substitute the declared policy of
exemption from any and all taxes as an essential factor for the solvency of
the GSIS fund.
 These requisites for repeal have not been satisfied by the LGC.
Contention of the local government unit:
 the exemption granted to GSIS under Section 33 of PD 1146 was effectively
withdrawn uopm the enactment of the LGC which further says that special
laws like PD 1146 which are inconsistent with it are repealed or modified
accordingly.
 Held: concededly, the second condition prescribed by section 33 of P.D.
1146 does not appear to be met as no provision is found in the Local
48
 Government Code of 1991 that substitutes the declared policy of exemption
from any and all taxes as an essential factor for the solvency of the fund.
 but the amendatory second paragraph in Section 33 introduced by P.D. 1981
is fundamentally flawed.
 This unorthodox condition effectively imposes restrictions on the
competency of Congress to enact future legislature on the taxability of GSIS.
 This places undue restrain on the plenary power of Congress to amend or
repeal laws in violation of the prohibition against the passage of
irrepealable laws.
 Irrepealable laws are prohibited because they deprive succeeding
legislatures of the fundamental best senses carte blanche in crafting laws.
 Reynato S. Puno once said, “to be sure, there are no irrepealable laws just as
there are no irrepealable Consitutions.”
 “Change is the predicate of progress and we should not fear change.”
 Xxx
 it may be argued that section 33 does not preclude repeal of tax-exempt
status of the GSIS, but merely imposes conditions for its validity.
 But if these conditions are honored, they have the precise effect of limiting
the power of Congress.
 Thus, the same rationale for prohibiting irrepealable laws applies in
prohibiting restraints on future amendatory laws.
 The present legislature cannot bind future legislature to particular mode
of repeal. It cannot declare in advance the intent of subsequent
legislatures.
City of Davao vs. RTC
 Facts: GSIS refused to any real property taxes to the local government unit
because of a prior exempting law setting two conditions for repeal which
were not met by the subsequent law.
 Held: the conditions set by the prior law place undue restraint on the
plenary power of Congress to amend or repeal laws in violation of the
prohibition against passage of irrepealable laws.
 the present legislature cannot bind future legislature to a particular mode of
repeal. It cannot declare in advance the intent of future legislatures.
Repeal, kinds of.
Repeal, Kinds of.
 Total – revokes the statute completely
 Partial – leaves unaffected portions in force
 Express – declaration in a repealing clause that a particular and specific law
is sought to be repealed, by identifying the number or title
 Implied – all other repeals are deemed implied repeals
 Failure to add the repealing clause indicated that there is not intent to
repeal any existing law
 Unless there is irreconcilable inconsistency
 In which case it is deemed an implied repeal
Repeal, kinds of.
 Even if there is a repealing clause but if fails to identify or specify the law
sought to be repealed, it is still an implied repeal
 Example: “All laws or parts thereof which are inconsistent with this Act are
hereby repealed or modified accordingly.”
 The intent is not to repeal any existing law on the matter, unless there is
irreconcilable inconsistency
 Laws are repealed only by the enactment of subsequent laws, not by
violation, non-observance, disuse of customs and contrary practice.
Repeal by implication, conditions.
 There must be sufficient revelation of the intent to repeal, which must be
very clear.
Repeal by implication, categories or modes.
 Irreconcilable conflict between provisions of two Acts.
 Conditions: two statutes cover the same subject matter and object
 Clearly inconsistent and incompatible with each other
 That they cannot be harmonized
 Both cannot be given effect
 That is, that one law cannot be enforced without nullifying the other
Repeal by implication, categories or modes.
 If the subsequent Act covers the whole subject of the prior Act and is
clearly intended as a substitute
 Of the same subject matter but different objects, the two laws can stand
together, although they refer to the same subject matter
ILLUSTRATIVE CASES:
49

Aguejetas vs. CA, 261 SCRA 17 (1996)
 Facts: the members of the Provincial Board of Canvassers were convicted of
the election offense under Section 231 of the Omnibus Election Code (OEC).
 This after they proclaimed the losing candidate as eighth elected board
member.
 Contention of the canvassers:
 The election offense for which they were convicted is repealed by R.A. 6646
and R.A. 7166 which amended the OEC by deleting or adding certain
provisions.
 Paragraph 2, Section 231 of the OEC states:
 “The respective board of canvassers shall prepare a certificate of canvassers
shall prepare a certificate of canvass duly signed and affixed with the imprint
of the thumb of the right hand of each member, supported by a statement
of the votes and received by each candidate in each polling place and, on
the basis thereof, shall proclaim as elected the candidtates who obtained
the highest number of votes cast in the province, city municipality or
barangay. Failure to comply with this requirement shall constitute an
election offence.”
 This was modified by Section 28 of R.A. 7166 by removing the specific
manned by which the winning candidates are proclaimed.
 Thus, it repealed the second paragraph, Section 231 of the OEC under which
they were convicted.
 Held: Sec. 231 was not expressly repealed by the amending and repealing
clause of R.A. 7166 which says:
 “Sec. 39. Amending and Repealing Clause. – Sections 107, 108 and 245 of
the Omnibus Election Code are hereby repealed. x x x
 x x x Likewise, the inclusion in Section 262 of the Omnibus Election Code of
the violations of Sections 105, 106, 107, 108, 109, 110, 111 and 112 as
among election offenses is also hereby repealed. This repeal shall have
retroactive effect.”
 Neither is there implied repeal
 While Sec. 231 of the OEC and Sec. 28 of R.A. 7166 pertains to the
canvassing by the Board of Canvassers, this fact along is not sufficient to
cause an implied repeal.
 While the two provisions differ in terms, neither is this fact sufficient to
cause repugnance.
 In order to effect implied repeal, the two statutes must be so irreconcilably
repugnant and inconsistent with each other.
The following standard of irreconcilability resulting in implied repeal must be
satisfied:
1. Both laws deal with thew same subject matter
2. The latter law must be inconsistent with the earlier law.
3. Repugnancy is clear and convincing in character.
4. The language used in the latter must be such that as to render it
irreconcilable with the prior law.
An inconsistency that fally short of this standard does not suffice because implied
repeal is not favored.
The presumption is against inconsistency and accordingly, against implied repeal
because Congress is presumed to know the existing laws on the same subject and not
to enact inconsistent statutes.
Hagad vs. Gozo-Dadole, 251 SCRA 241 (1995)
 Facts: Criminal and administrative complaint were filed against Mayor
Alfredo Ouano and other members of the Sanguniang Panglungsod (SP)
with the office of the Deputy Ombudsman for the Visayas for violation of
the Revised Penal Code and R.A. 6713.
 the complainants moved to preventively suspend Mayor Ouano and other
respondents.
 Mayor Ouano opposed the motion ad moved to dismiss the complaint.
 Contention of Mayor Ouano and other respondents:
 The Deputy Ombudsman is without jurisdiction to try, hear and decide the
administrative complaint.
 They argued that under Section 63 of the Local Government Code of 1991
(LGC), the power to investigate and impose administrative sanctions,
including preventive suspension against local officials, is now vested with
the Office of the President (OP).
 Under Secs.61 and 63 of the LGC, the OP, not the Office of the Ombudsman,
has jurisdiction over administrative complaints against any elective official of
a province, highly urbanized city or independent component city.
 Contention of complainants:
 The LGC could not have repealed, abrogated or otherwise modified the
pertinent provisions of the power to investigate cases against elective local
officials.
 The power of the Ombudsman to investigate local officials under the
Ombudsman Act is unaffected by the provisions of LGC.
50
 But the Deputy Ombudsman denied the motion to dismiss and even placed
mayor Ouano and other respondents under preventive suspension.
 Mayor Ouano and other respondents petitioned to prohibit and restrain the
Deputy Ombudsman before the Regional Trial Court of Mandaue City which
granted it.
 The respondent judge applied the rule of statutory construction that
endeavor to harmonize two laws to make each effective.
 Since the investigatory power of the Ombudsman Act is general, broad and
vague as opposed to the LGC which provides for well defined
 And specific grounds for administrative disciplinary action, the LGC could be
considered an exception to the authority and administrative power of the
Ombudsman to investigate local elective officials.
 Issue: whether the authority of the Ombudsman to investigate local elective
officials under the ombudsman act of 1989 has been divested by virtue of
the subsequent enactment of the LGC of 1991.
 held: the petition is meritorious.
 Sec. 21 of the Ombudsman Act says:
 ???
 Sec. 24 grants the Ombudsman authority to “preventively suspend any
officer or employee under his authority pending an investigation x x x”
 Whereas Sec. 61(a) of the LGC provides:
 “A complaint against any elective official of a province, a highly urbanized
city, an independent component city or component city shall be filed before
the Office of the President.”
 Thus, respondent insist that conformably with Sec. 63(b), preventive
suspension can only be imposed by the President if the respondent is an
official of a province, highly urbanized city or an independent component
city.
 Contention of the Solicitor-General:
 While the LGC may have conferred on the OP disciplinary authority over
local elective officials, it is not exclusive.
 The LGC did not withdraw the power of the Ombudsman to investigate local
elective officials vested by the Ombudsman Act conformable with a
constitutional mandate.
 Indeed, the SC said, there is nothing in the LGC to indicate that it repealed,
expressly or impliedly, the Ombudsman Act.
 The two statutes on the specific matter in question are not so inconsistent
or irreconcilable.
 Two laws on the same subject matter, which prevails.
 Between two irreconcilably inconsistent laws, the subsequent law prevails
because it is the latest expression of legislative will, and Congress is
presumed to know the earlier law.
 Legis posteriors priores contrarias abrogant – subsequent statute repeals
earlier law repugnant to it.
Illustrative case: David vs. Comelec, G.R. No. 127116, April 8, 1997
 Contention of the Commission on Elections:
 The repealing clause of the LGC “includes all laws, whether general or
special, inconsistent with the provisions of the Local Government Code.”
 David and Rillon cannot claim a term longer than 3 years because they were
elected under the aegis of the LGC which fixed the term of 3 years only.
 Held: The legislative intent is very clear, shorten the term of office of
Barangay officials to 3 years only.
 First, the LGC was enacted later than R.A. 6679.
 Sec. 43© of the LGC fixed the term of office of barangay officials at 3 years
whereas Sec. 1 of R.A. 6679 fixes it at 5 years.
 Both laws refer to barangay officials elected on the second Monday of May
1994
 There being irreconcilable inconsistency between the two laws, implied
repeal applies.
 While it is true that R.A. 6679 is a special law and should prevail pursuant to
the doctrine of generalia specialibus non derogant, the LGC is not
necessarily a general law.
 The LGC is a codified set of laws that specifically applies to local government
units.
 Section 43(c) specifically fixes the term of office of elective barangay
officials at 3 years, a special provision that applies only to those elected on
the second Monday of May 1994.
 The Constitution did not expressly prohibit Congress from fisixng any term
of office for barabgay officials.
 It merely left the determination of such term to the full discretion of the
law-making body in accordance with the exigencies of public service.
 To strike down a law as unconstitutional, there must be a clear and
unequivocal showing that what the Constitution prohibits, the statute
permits.
 They miserably failed to discharge this burden to show clearly the
unconstitutionality they aver.
51
 Mecano v COA
David v COMELEC, GR No. 127116, April 8, 1997
Two laws on same subject matter, which prevails.
 In case of irreconcilable conflict between two laws, the subsequent law
prevails pursuant to the principle legis posteriors priores contrarias
abrogant.
Between two irreconcilably inconsistent laws, the subsequent law prevails because it
is the latest expression of legislative will, and Congress is presumed to know the
earlier law.
Leges posteriors priores contrarias abrogant. –subsequent statute repeals
earlier law repugnant to it.
ILLUSTRATIVE CASES: David v COMELEC, GR No. 127116, April 8, 1997
Liga ng mga Barangay Quezon City Chapter represented y Bonifacio Rillon v
COMELEC, GR No. 128039, April 8,1997
Statutes in pari materia, defined.
 They are which refer to the same person or thing, or the same class of
persons or things, which have a common purpose.
Statutes in pari materia, how determined.
 If court decisions point to one legislative intent, regardless of whether one is
criminal and the other is civil.
Statutes in pari materia, how construed.
 They should be read together, and in connection with each other, as if they
constitute one law or one system enacted in the same spirit in furtherance
of the same policy.
In pari materia rule, purpose.
 To carry out the full legislative intent by giving effect to all laws and
provisions on the same subject matter.
In pari material rule, limitation.
 It cannot be invoked where the language of the law is clear and
unambiguous.
 It does not apply to private acts and is highly disfavored.
General and special law, rule on repeal.
General law does not repeal a prior special law on the same subject matter
unless clearly intended by the legislature.
Generalis specialibus non derogant
Generalia specialibus non derogant – a general law does not nullify a special law.
 It applies irrespective of the date of passage of the special law.
 If the special law is subsequent, it qualifies the general law. If the law is an
earlier law, it is an exception to the terms of the general law.
Repeal, general effects.
 It renders inoperative the prior Act from the time repealing law takes effect.
 But it does not invalidate the pior Act from the beginning.
Repeal, effect on jurisdiction.
 Neither repeal nor expiration of law divests the court of jurisdiction.
 Jurisdiction to try and decide cases is determined by the law in force at the
time it was filed.
Effects of repeal and expiration of law, distinction.
 In absolute repeal, the crime is obliterated, thus the stigma of conviction is
erased whereas the expiration of law does not have that effect.
 Once jurisdiction is acquired, it proceeds unless the repealing acts says
otherwise.
 But if the action was filed after the repealing act divesting jurisdiction and
the decision is null and void.
Repeal, effect on jurisdiction to try criminal cases.
 Same rule applies. But with added exception express prohibitive words are
used or criminal law violated is repealed.
Repeal, effect on actions, pending or otherwise.
 Defeats all actions and proceedings, including those pending and pending
appeal, arising out of or based on the statute.
Repeal, effect on vested rights.
 Does not impair rights accrued prior to the repeal.
52
Repeal, effect on contracts.
 Does not affect the terms of contract, nor impair the rights of parties.
 It applies even if the other contracting party is the government.
Repeal, effect on tax laws.
 Does not preclude collection of taxes assessed prior to the repeal, unless
otherwise provided.
Repeal, effect on penal laws.
Example: the absolute repeal of the Anti-Subversion Act entitles the accused to the
dismissal of the case against him as the offense no longer exost and the court is
deprived of jurisdiction.
Reason: the legislative intent is to legalize what has been decreed as illegal.
Except: if the repealing act re-enacts the statute and penalizes the same act, even if
the penalty is lower
The repealing act contains a saving clause that pending cases are not affected.
Repeal, effect on municipal charter.
 Abolishes all offices under the old charter.
 Thus, conversion of a municipality to a city abolishes all municipal positions
unless otherwise provided.
Repeal or nullity of repealing law, effects.
 When the repealing law expressly repealing a prior law is itself repealed, the
prior law is not revived unless otherwise provided.
 When the repealing law expressly repealing a prior law is declared
unconstitutional, the prior law remains in force.
Proviso, defined.
 Condition precedent. Generally introduced by the word “provided:”
 It is a clause on a preceding enactment to restrain or modify the enacting
clause, or of excepting something from its operation which otherwise would
have been without it, or of excluding some possible ground of
misinterpretation of it, as by extending it to cases not intended by the
legislature to be brought within its prurview.
Proviso, function.
 To create a condition precedent, to exempt, limit, restrict or qualify a
statute, in whole or in part.
 To limit the application of the law, and not to enlarge it s operation
Exception, defined.
 Enumeration of what should not be covered by the general rule.
Exception and proviso, distinguished.
 Exceptions exempts while proviso sets conditions.
Exceptions, how construed.
 Strictly, especially where the statute promotes public welfare.
Saving clause, defined.
 A clause which exempts special things out of the general things mentioned
in the law.
Saving clause, purpose.
 To preserve something, as existing rights or causes of action or pending
proceedings, from immediate interference by operation of a statute.
Saving clause, limitation.
 Inoperative if entirely inconsistent with the purview of the law.
IX. CONSTRUCTION OF CONSTITUTION
Constitution, defined.
It is a written instrument where fundamental powers of the government are
established , limited and defined, distributed among several departments for their
safe and useful exercise for the benefit of the body politic.
Constitutional construction, primary purpose.
To determine the intent of the framers as expressed in the language to assure its
realization.
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Constitutional construction, applicability of rules of statutory construction.
(examples of applicable rules of statutory construction)
 Verbal egis or the plain meaning rule
 Ratio legis est anima or words are interpreted according to the intent
 Ut magis valeat pereat or the Constitution is to be interpreted as a whole.
Constitution, how construed.
AS a whole, no provision is to be separated from all the others.
What if there are conflicting provisions? They should be harmonized.
Liberally or strictly? Liberally, to accomplish its high objectives and carry out general
principles of government.
Is there an exception to liberal construction? Yes where it grants governmental
powers in derogation of the inherent and natural rights of the people.
So, can we say it may be construed either way? Yes, since constitutional construction
is a question of intention.
Should we construe the Constitution according to the previling circumstances? No, it
should be construed uniformly. It should not change together with the fluctuations of
public sentiment.
Amendments to Constitution, how construed.
They should be harmonized with the existing provions.
What if they cannot harmonized, which prevails, the existing provisions or the
amendment?
 The amendent prevails.
Language of Constitution, how construed.
 They should be construed in their common use and ordinary meaning.
 Except? When technical terms are used
 Why are they construed in their ordinary meaning?
The Constitution is not primarily a lawyer’s document. It is the expression of
the sovereign will of the people.
Illustrative provision:
Section 7, Article XIII of the Constitution says:
“the State shall protect the rights of subsistence fishermen, especially of
local communities, to the preferential use of the communal marine and fishing
resources, both inland and offshore”
How do you construe the phrase “subsistence fishermen”? It should be construed in
its ordinary meaning
Which is? It refers to those whose catch yields are just enough for their livelihood or
subsistence.
Ordillo v Commission on Elections, 192 SCRA 100 (1992)
What are the facts of the case?
Congress enacted RA 6766, an organic act for the Cordillera Autonomous Region
(CAR) to be composed of the provinces of Benguet, Mountain Province, Ifugao, Abra,
Kalinga- Apayao and the City of Baguio. But it was overwhelmingly rejected by the
people in a plebiscite called for the purpose, except for the province of Ifugao. Thus,
Comelec resolved that the CAR was approved only by the people in Ifugao province.
Thus, Congress set the date of election. The keywords provinces, cities, municipalities
an geographical areas connote that “region” means two or more provinces. It should
be construed according to its common use and ordinary meaning. The 13 regions into
which the country is divided for administrative purposes are groupings of contiguous
provinces.
What about he provisions in RA 6766, do they reveal what is contemplated by the
term “region”?
YES, Section 2 contemplates development of provinces cities, municipalities whereas
Section 4 contemplates regional assembly districts
What is your one-liner for this case?
Words in the Constitution should be understood in their common use and ordinary
meaning, thus, the term ”region” as ordinarily used in the 13 regions in the country
refers to groupings of contiguous provinces.
The keyword provinces, cities, municipalities and geographical areas connote that
“region” means two or more provinces.
Between words with restricted and general meanings, which prevail.
The general meaning prevails
Except?
If the context indicates that the limited sense is intended.
What is the reason for this rule?
The Constitution is an organic law that deals with broader subjects
What are the criticisms against the 1987 Constitution?
 That it is excessively long and verbose
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  It sounds like a political speech rather than a formal document stating only
basic precepts.
 It includes topics that have no place in the Constitution like sports, love,
drugs. And even advertising and rhythm and harmony of nature.
 But worse, it uses tortuous language like the following masterpiece of
circumlocution:
ARTICLE XVI, Section 10:
“The State shall provide the policy environment for the full development of
Filipino capability and the emergence of communication structures suitable to
the needs and aspirations of the nation and the balanced flow of information
into, out of, and across the country, in accordance with a policy that respects the
freedom of speech and of the press.”
To this, Justice Isagani A. Cruz reacted: EXCUSE ME?
Intrinsic aid to constitutional construction.
Language or words of the Constitution.
Extrinsic aids to constitutional construction, enumerated.
1. History or realities existing at the time of the adoption of the
Constitution
2. Proceedings of the constitutional convention
3. Changes in phraseology
4. Prior laws and judicial decisions
5. Construction of US Constitutional provisions
6. Contemporaneous construction and writings
7. Consequences of alternative construction
8. Construction given by executive officers
ILLUSTRATIVE CASE: (History or realities)
In re Bermudez, 145 SCRA 116, 162 (1986)
Article XVIII, Section 5 of the Constitution states that the six-year term of the
incumbent President and Vice-President elected in the February 7, 1986 election is,
for purposes of synchronization of elections, hereby extended to noon of June 30,
1992.
Who is the incumbent president then?
In applying history or realities, the SC said it is a matter of public record and common
public knowledge that the ConCom refers to incumbent President Corazon C. Aquino
and Vice-President Salvador H. Laurel, and to no other persons.
What do proceedings of the convention include?
They include debates, interpellations and opinions.
Can we resort to proceedings right away?
No, resort to proceedings may only be had if other extrinsic aid fail.
Montejo v COMELEC, 242 SCRA (1995)
FACTS:
The province of Leyte and the cities of Tacloban and Ormoc are composed of 5
legislative districts.
So, what was the problem of the petitioner then?
Montejo, who is the representative of the first district of claimed that the transfer of
municipalities resulted in inequitable distribution of inhabitants and voters and
violates the equality of representation ordained in the Constitution. He said that the
first district has 178k voters whereas the second district has 156k voters or a
difference of 22k voters.
What did he want the COMELEC to do then?
He wanted the COMELEC to transfer Tolosa, which had 7k, from the first to the
second district.
How did the Comelec defend its resolution?
Its adjustment of municipalities involved the least disruption of the territorial
composition of each district.
IT complied with the constitutional requirement that each legislative district shall
comprise, as far as practicable, contiguous, compact and adjacent territory.
Section 2 of the Ordinance appended to the Constitution authorizes it to make minor
adjustments in redistricting.
How did the Supreme Court resolve the issue?
Why?
The COMELEC is without jurisdiction to apportion legislative districts and the phrase
”minor adjustments” refer to the instance where a municipality was omitted in the
enumeration of those composing the legislative district.
How did the SC construe “minor adjustments”?
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From the debates and interpellations of the Constitutional Commission.
The question of who has authority to apportion legislative districts is clearly
answered in the following deliberations:
“MS . AQUINO. I have to object to the provision which will give mandate to the
COMELEC to do the redistricting. Redistricting is vitally linked to the baneful practices
of cutting up areas or spheres of influence; in other words, gerrymandering. This
Commission, being nonpartisan, a nonpolitical deliberative body is in the best
possible situation under the circumstances to undertake that responsibility.XXX”
“ MR. OPLE. Xxx We know that the reapportionment of provinces and cities for the
purpose of redistricting is generally inherent in the constituent power or in the
legislative power. Xxx”
“Mr. SARMIENTO. May I move that this Commission do the reapportionment of
legislative districts.”
How did the Constitutional Commission vote?
The results show 30 votes in favor and none against; the motion is approved.”
But what is the extent of authority granted to Comelec the phrase “minor
adjustments” in Section 2 of the appended Ordinance?
The Constitutional Commission deliberation show that it is limited to those omitted:
“MR.DAVIDE.xxxThe authority conferred would be on minor corrections or
amendments, meaning to say, for instance, that we may have forgotten an
intervening municipality in the enumeration, which ought to be included in one
district. That we shall consider a minor amendment.”
“MR. DE CASTRO.xxxCan it be possible that one municipality in a district be
transferred to another district and call it a minor adjustment?
MR.DAVIDE.That cannot be done, Mr. Presiding Officer. Minor, meaning, that there
should be no change in the allocations per district. However, it may happen that we
have forgotten a municipality in between which is still in the territory of one assigned
district or there may be an error in the correct name of a particular municipalityxxx”
“MR. DE CASTRO. So the minor adjustment which the Comelec cannot do is that, if,
for example, my municipality is in the first district of Laguna, they cannot put that in
any other district.”
“MR. DAVIDE. That is not even a minor correction. It is a substantive one.”
What is the value of changes in phraseology as an extrinsic aid?
It may be inquired into to ascertain the intent of the provision as finally approved.
Is mere deletion of a word or phrase conclusive?
No, as it may have been omitted to avoid superfluity.
Example:
“no person shall be compelled in a criminal case to be a witness against himself”
was changed to “no person shall be compelled to be a witness against himself”.
What is the intent why the phrase “in a criminal case” was omitted?
The intent is to make it available in cases other than criminal.
Why are prior laws and judicial decisions considered extrinsic aids?
The Constitution is written in reference to existing statutory laws at the time.
Why is the construction by the US Supreme Court of the US Constitutional
provisions available as extrinsic aids?
Most provisions on police power, eminent domain, taxation and bill of rights were
taken or patterned after the US Constitution.
When do we apply contemporaneous construction?
When there is substantial doubt and ambiguity
What is the value of the writings of Constitutional Convention delegates as
extrinsic aid?
They have persuasive effect.
What happens when a constitutional provision is susceptible of more than one
interpretation?
That construction which leads to absurd, impossible or mischievous circumstances
must be rejected.
Marcelino v Cruz, GR No. 42428, March 18, 1983. 121 SCRA 51
What happened in this case?
Petitioner was charged with the crime of rape. ON August 4, 1975, he rested his case.
On September 4, 1975, he submitted his Memorandum. On November 28, 1975, the
Judge submitted with the Deputy Clerk of Court his decision for promulgation.
Notices of promulgation were sent to all parties involved.
What was the ground for resting?
The trial court lost jurisdiction over the case for failure to decide the case within 90
days from date of submission for resolution. The 3-month period prescribed by
Section 11 (1) of Article X of the 1973 Constitution, being a constitutional directive, is
mandatory in character. Section 11(1) of Article X says:
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“Upon the effectivity of this Constitution, the maximum period within which a case or Yes, provided that it has been construed for a considerable period of time.
matter shall be decided or resolved from the date of its submission, shall be eighteen
months for the Supreme Court, and, unless reduced by the Supreme Court, twelve Mandatory or directory character of constitutional provisions.
months for all inferior collegiate courts, and three months for all other inferior Are constitutional provisions mandatory or directory?
courts,” Generally, they are mandatory in nature.
Article VIII, Section 15 (1) of the 1987 Constitution says: What are the exceptions?
“All cases or matters filed after the effectivity of this Constitution must be decided or  If expressly provided
resolved within twenty-four months from the date of submission for the Supreme  By necessary implication
Court, and unless reduced by the Supreme Court, twelve months for all lower  A different intention is manifested
collegiate courts and three months for all other lower courts. Why are they generally mandatory?
How did the Supreme Court resolve the issue of timeliness? It is the sovereign itself that speaks, laying down rules which for the time being
The case was submitted for decision on September 4, 1975 and the Judge rendered control both the government and the governed.
his decision on November 28,1975 hence only 85 days have lapsed. To hold that any of the constitutional provisions is to be obeyed or disregarded at the
How did the Supreme Court construe the constitutional provision prescribing time will or pleasure of the legislature is a dangerous doctrine.
to decide? It lowers the dignity befitting the fundamental law of the land.
It was construed as merely directory.
Why? Preamble and titles, how construed.
To make it mandatory would make judges lose jurisdiction over the cases if they fail How are preamble and title construed?
to decide on time, which consequence will cause greater injury to the public. They may furnish evidence of the meaning and intention of the Constitution, but they
Does it follow that litigants are powerless if the judge delays to resolve cases? are given little weight.
Not necessarily, the judge may be administratively liable.
What is your one-liner for this case? Constitutional prohibitions(?) , how construed.
Constitutional provisions are to be construed as mandatory, unless by express How are constitutional provisions construed?
provision or by necessary implication, a different intention is manifest, or if they They are construed positively and unequivocally.
relate merely to matter of procedure. Constitutional grant of power, how construed.
How is constitutional grant of power construed?
Poe v COMELEC, GR No. 221697, March 8, 2016 It is construed as a mandate, and not a mere direction.
What does such grant of power include?
IT includes all such particular and auxiliary powers necessary to make it effectual.
How do we know that a provision relates to matter of procedure? But what if the means for the exercise of a grant of power are specified in the
When the time prescribed to decide a case was incorporated for reasons of Constitution?
expediency, it is deemed merely procedural. All other means are deemed excluded.
Why is construction made by executive officers given weight? Prospective or retroactive application.
Because they are the first to interpret the law. How are constitutional provisions applied, prospectively or retroactively?
IS there a condition before it is given weight? Prospectively, unless otherwise intended.

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Self-executing provision, defined.

GUINGONA v CARAGUE, GR No. 94571, April 22, 1991

PAMATONG v COMELEC, GR No. 161872, April 13, 2004

How do you define self-executing provision?

It is one which is complete by itself and becomes operative without the aid of
supplementary or enabling legislation or which supplies sufficient rule by means of
which the right it grants may be enjoyed or protected.
Are constitutional provisions self-executing?
Generally, they are, except when the provision expressly requires enabling law to
implement it or from the language or tenure, they are mere declarations of policies
and principles.
What if there is a doubt whether a provision is self-executing or not?
It should be resolved in favor of it being self-executing.

Section 5 (5), Article IV of the Constitution says:

“The State shall assign the highest budgetary priority to education and ensure that
teaching will attract and retain its rightful share of the best available talents through
adequate remuneration and other means of job satisfaction and fulfillment.”

IS this mandatory and self-executing?

No, the provision does not mean that “the hands of Congress are so hamstrung as to
deprive it of the power to respond to the imperatives of the national interest and for
the attainment of other state policies or objectives.”

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