Statutory Construction Finals Reviewer
Passage of a Bill into Law
1. Law in its broad or generic sense – whole body or system of
rules; rule of conduct which happens all the time; derived
from human experience; if applies to all people, actions and
circumstances (to all objects of creation)
2. Law in its concrete or strict sense – rule of conduct,
formulated and made obligatory by the legitimate power of
the state. It includes the following:
a. Statutes enacted by the legislature
b. Presidential decrees and executive orders issued by the
President in the exercise of his legislative power
c. Issuances of the President in the exercise of his
ordinance power
d. Rulings of the Supreme Court
e. Rules and regulations promulgated by administrative
bodies pursuant to a delegated power
f. Ordinances passed by provincial boards of local
government units
3. Statute – act of the legislature as an organized body,
expressed in the form, and passed according to the
procedure, required to constitute it as part of the law of the
land
4. Specific format of a statute – Article 6, Section 26 (1)
Every bill passed by the Congress shall embrace only one
subject which shall be expressed in the title thereof.
5. Two Ways of Enacting Laws:
1. Basic procedure – violation renders the statute void
Article 6, Section 26 (2)
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 in the journal.
2. Written procedure (detailed) – internal rules; violation
does not render the statute void
Article 6, Section 16 (3)
Each House may determine the rules of its proceedings,
punish its Members for disorderly behaviour, and, with
the concurrence of 2/3 of all its Members, suspend or
expel a Member. A penalty of suspension, when
imposed, shall not exceed 60 days.
Arroyo v. De Venecia
R.A. 8240 (sin taxes) was not invalidated on account of
the violation of House rules. Such violation of internal
rules does not impact the constitutional requirements
in enacting a law especially that the required number of
members agreed on the measure.
6.
Article 6, Section 27
Every bill passed by the Congress shall, before it becomes a
law, be presented to the President. If he approves the same,
he shall sign in; otherwise, he shall veto it and return the
same together with his objections to the House where it
originated, which shall enter such objections in its Journal
and proceed to reconsider it. If, after such reconsideration,
2/3 of all the Members of such House shall agree to pass the
bill, it shall be sent, together with the objections, to the
other House by which it shall likewise be reconsidered, and
if approved by 2/3 of all the Members of that House, it shall
become a law. In all such cases, the votes of each House
shall be determined by yeas and nays, and the names of the
Members voting for or against shall be entered in its
Journal. The President shall communicate his veto of any bill
to the House where it originated within 30 days after the
date of receipt thereof; otherwise, it shall become a law as if
he had signed it.
3 Modes of Passing a Law:
1. Affirmative action – the President signs the bill within 30
days;
2. Counter-action – veto of the President is overwritten by
2/3 vote of the Congress;
3. Inaction – the President does not act on the bill within
30 days
7. Classifications of Statute
a. According to subject matter (substance over form)
i. Public – affects the public at large or the whole
community; persons and the State (e.g.
Constitutional Law)
ii. Private – applies only to a specific person or subject;
between persons or individuals (e.g. Family Code)
b. According to scope
i. General – applies to all belonging to the same class
ii. Special – applies to particular persons within a class
iii. Local – applies to a locality (e.g. Charter of Cebu)
c. According to duration
i. Permanent – will continue in force unless repealed
ii. Temporary – contingent upon the happening of an
event; for a limited period or has an expiration date
d. According to applicability
i. Prospective – applies to current and future cases
ii. Retroactive – applies to past cases
8. Bills that should originate from the HR (ART-B3)
1. Appropriation – allocation of funds for a particular
purpose
2. Revenue – any legislation that tries to raise funds for the
government
3. Tariff – duties paid for the importation of goods
4. Bills authorizing increase in public debt – to address a
deficit (target collection not met); normally, the
government avoids borrowing from private institutions
so that is does not compete with the private sector for
funds which can drive the interest rate up (even higher
than inflation)
 5. Bills of local application – e.g. naming of a city in favor of
a certain person, creation of a municipality
6. Private bills – e.g. grant of honorary citizenship to a
foreigner (‘adopted son’)
11. Parts of a Statute
Purpose: Representatives are more familiar with the needs
of their constituents; less number of people per
representative (250) than per senator (24)
Article 6, Section 24
All appropriation, revenue or tariff, bills authorizing increase
in public debt, bills of local application and private bills must
originate exclusively from the House of Representatives, but
the Senate may propose or concur with amendments.
Tolentino v. Executive Secretary
The Senate may pass its own version of the bill (S.B. 1630),
provided that the initiative originated from the House of
Representative (H.B. 11197). As provided in Article 6,
Section 24 of the Constitution, the Senate may propose or
concur with amendments.
9. Steps in Enacting a Bill
1. First Reading – reads title and number
2. Referral to Appropriate Committee – studies the bill and
proposes recommendations
3 Ways to Kill a Bill
a. No study – nothing happens after referral to
committee
b. Negative recommendation
c. No recommendation – nothing happens after the
study
3. Second Reading – reads bill in full or distributes printed
copies to Members of the House for consideration;
voting on the approval of the amended bill (technically
the final version)
4. Third Reading – approval by a majority vote (yeas or
nays)
5. Bill is transmitted to the other House for consideration
(same procedure)
10. Bicameral Conference Committee – resolves conflicts
between the two Houses
Powers of the Conference Committee
1. Endorse a bill in toto
2. Introduce changes to the bill – insert or omit provisions
3. Produce an entirely new or substitute bill – conference
bill
4. Empowered not to make a report at all
The basic procedure may be dispensed with in the
enactment of an endorsed/amended/conference bill.
Abakada Guro Party List v. Ermita
There were three versions of the bill before it was enacted.
The version of the conference committee was signed into
law as R.A. 9337 which was questioned for not passing three
readings. The requirement refers only to bills introduced for
the first time in either house of Congress, not to the
conference committee report, even if such report includes
new provisions which have not been considered or taken up
by the Senate or the lower House. All that is required is that
the conference committee report be approved by both
Houses of Congress.
1. Title – subject matter; indispensable
- 1 subject 1 title (Article 6, Section 26 (1))
- Purpose:
1. Prevent hodgepodge or logrolling legislation
2. Prevent fraud upon legislation or surprise
3. To fairly apprise the people of the nature and
impact of the statute
Lidasan v. Comelec
R.A. 4790, creating the municipality of Dianaton was
declared unconstitutional because the subject of the act,
which includes the dismemberment of certain
municipalities in Cotabato, was not expressed in its title.
Even the representatives of the concerned provinces,
who signed the bill, were not aware of such
consequence. Moreover, the constituents were not fairly
apprised of the nature and impact of the statute. The
whole act was invalidated because the remaining 9
barrios to constitute Dianaton will not meet the required
population, territory and income level for an
independent municipality.
Exceptions (2):
Alalayan v. NPC
The provisions of the amendatory act on conditions to
be complied by franchise holders and the unilateral
renewal of contracts are not considered rider provisions
because these are germane to the purpose and
functions of the NPC. The legislature is not required to
make the title of the act a complete index of its
contents. The provision merely calls for all parts of an act
relating to its subject finding expression in its title. If the
law amends a section of part of a statute, it suffices if
reference be made to the legislation to be amended,
there being no need to state the precise nature of the
amendment.
Sumulong v. Comelec
Section 5 of Commonwealth Act 657, which provides for
the nomination of election inspectors, is germane to to
subject matter of the act, that is, the reorganization of
the Comelec. One of the principal functions of the
Comelec is the administration of laws relating to the
conduct of elections and that includes the appointment
of election inspectors.
2. Preamble – explains the purpose, reason or occasion of
making the law; common in Presidential Decrees
(explanatory note for Republic Acts); although not an
indispensable part of a statute, it may be consulted to
determine the legislative intent of the act when there is
an ambiguity
 People v. Purisima
There is an ambiguity in the provisions of P.D. 9 as to
whether mere carrying of deadly weapons would
warrant punishment under such decree. It is necessary
then to determine the intent and spirit of the law to
resolve the case. The preamble served as an aid in the
construction of the provisions as it provides the purpose,
reason or occasion for making the law. It was
determined that P.D. 9 was enacted to penalize acts
related to subversion, insurrection, rebellion, etc.
consequent to the declaration of martial law.
3. Enacting Clause – states by what authority the act is
enacted (e.g. Be it enacted by the Senate and House of
Representatives in Congress assembled); indispensable
4. Purview or Body of the Statute – contains the provisions
of the law; what the law is all about; heart and soul of a
statute; indispensable
5. Separability Clause – general rule: if certain portions of
the law are declared void or unconstitutional, the
remaining portions are not affected and remain in force
and effect (partial constitutionality and
unconstitutionality); to save the work, time and effort of
Congress
Exception:
Tatad v. DOE
The provisions of R.A. 8180 on tariff differential,
inventory requirement and predatory pricing, which
inhibit fair competition, encourage monopolistic power,
and interfere with the free interaction of market forces,
are the heart and soul of the act, without which
Congress could not have been presumed to enact the
law. With the removal of these provisions, nothing
substantial will be left or the rest will be useless. Thus,
the whole act was invalidated for being unconstitutional.
6. Repealing Clause – existing laws that are inconsistent
with the said law are deemed repealed
7. Effectivity Clause – states when the law shall take effect
(Article 2 of the New Civil Code. Laws shall take effect
after 15 days following the completion of their
publication either in the Official Gazette or in a
newspaper of general circulation, unless otherwise
provided.)
- If silent, after 15 days; if upon approval, after
publication; and if after x days after publication, on
the date specified
Tanada v. Tuvera
Publication is indispensable. The phrase “unless
otherwise provided” refers to the period when the law
shall take effect, not the publication requirement. All
statutes, including those of local application and private
laws, shall be published as a sine qua non condition for
its effectivity. However, publication is not required for
internal rules such as letters of instruction and
interpretative rules.
PVB v. Vega
R.A. 7169 shall take effect immediately upon its approval
as intended by the legislature. The said act actually
became effective when signed into law by President
Aquino, but because publication is indispensable, the
effectivity date shall be on Feb. 24, 1992 or after the
publication.
- The initial decision was promulgated only by the 1st
division of the Supreme Court, not en banc. To
abandon a doctrine, it must be promulgated by the
Supreme Court en banc.
12. Authorized Presidential Issuances
a. Executive Order – provides rules of general or
permanent character in the implementation of
constitutional or statutory powers
b. Administrative Order – relates to particular aspects of
governmental operations in the discharge of the duties
of the President as the administrative head
c. Proclamation – fixes a date or declares status or
condition of public moment or interest upon the
existence of which the operation of specific law or
regulation is made to depend
d. Memorandum Order – relates to matters of
administrative detail which only concern a particular
officer or office of the government
e. Memorandum Circular – refers to internal
administration, which the President desires to bring to
the attention of agencies of the government for
information or compliance
f. General or Special Order – acts or commands of the
President as the commander-in-chief of the AFP
Issuances – those which the President issues in the exercise
of his ordinance power; limited to: (1) executive order, (2)
administrative order, (3) proclamation, (4) memorandum
order, (5) memorandum circular, and (6) general or special
order
Ordinance – is the right of the President to run the
executive branch and issue orders (Administrative Code of
1987)
Executive Power – authority to execute or implement laws;
The President shall control all of the executive departments,
bureaus and offices. He shall ensure that the laws be
faithfully executed. (Section 17, Article 7 of the
Constitution)
Illustrative Cases:
David v. Arroyo
PP 1017 is constitutional. It constitutes a call by the
President for AFP to prevent or suppress lawless violence
under Article 7, Section 18. However, provisions giving the
President power to issue decrees are unconstitutional. GO 5
is constitutional. It provides standard by which AFP and PNP
should implement PP 1017.
 Ople v. Torres
AO 308 is unconstitutional. It does not merely implement
the Adm. Code 1987. It deals with a subject that should be
covered by law (National ID System). Under said AO, citizen
cannot transact business with government agencies
delivering basic services without the contemplated ID. No
citizen will refuse to give this ID for no one can avoid dealing
with government.
13. Separation of Powers – the allocation, division or
distribution of the major powers of government, as follows:
(manifestation of republicanism)
a. Legislature – enactment of laws and may not enforce or
apply the same;
b. Executive – enforcement of laws and may not enact of
apply the same; and
c. Judiciary – application of laws and may not enact or
enforce the same
This is a manifestation of republication. The purpose of
which is to prevent the concentration of powers, which is
subject to abuse (as in the case of an authoritarian
government). However, this should not be construed as
complete independence but more so as interdependence in
the pursuit of common objectives for the welfare of the
people.
14. Non-delegation of Powers
Rule: potestas delegata non delegari potest (what has been
delegated cannot be delegated further)
Basis: Such delegated power constitutes not just a right but
a duty to be performed by the delegate through the
instrumentality of his own judgment and not through the
intervening mind of another.
Violation: further delegation constitutes negation of duty.
KMU v. Garcia
Congress delegated to LTFRB the power of fixing rates of
public services under EO 202. Nowhere in the said law is
LTFRB authorized to delegate that power to transport
operators. The authority given by LTFRB to provincial bus
operators to set fare range is tantamount to an undue
delegation of legislative authority.
- commuters will be at the mercy of transport
operators whose appetite for profit is insatiable
15. Three Issues on Validity of Rule-Making
a. Permissible Delegation
i. Delegation of Tariff Powers to the President
Article 6, Section 28 (2)
The Congress may, by law, authorize the President to
fix within specified limits, subject to the limitations
and restrictions as it may impose, tariff rates, import
and export quotas, tonnage and wharfage dues, and
other duties or imposts within the framework of the
national development program of the government.
ii. Delegation of Emergency Powers to the President
Article 6, Section 23 (2)
In times of war or other national emergency, the
Congress may, by law, authorize the President, for a
limited period and subject to the restrictions as it
may prescribe, to exercise powers necessary and
proper to carry out the declared national policy.
Unless sooner withdrawn by resolution of the
Congress, such powers cease by the next
adjournment thereof.
iii. Delegation to the People at large – proposal to
amend the Constitution through people’s initiative
Article 17, Section 2
Amendments to or revisions of the Constitution may
likewise be directly proposed by the people through
initiative upon a petition of at least 12% of the total
number of registered votes with every legislative
district represented by at least 3% of the registered
voted therein. No amendment shall be authorized
within 5 years after the ratification of this
Constitution and nor oftener than once every 5 years
thereafter.
The Congress shall provide the implementing rules in
the exercise of such right.
iv. Delegation to Local Governments
Article 10, Section 3
The Congress shall enact a local government code
which shall provide for a more responsive and
accountable local government structure instituted
through a system of decentralization with effective
mechanisms of recall, initiative and referendum,
allocate among the different local government units
their powers, responsibilities and resources, and
provide for the qualifications, election, appointment
and removal, term, salaries, powers and functions
and duties of local officials, and all other matters
relating to the organization and operation of the
local units.
v. Delegation to Administrative Bodies
- by legislative act (authorizing it to promulgate
rules and regulations); or
- by implication (adopt rules and regulations
deemed necessary to the effective exercise of the
powers expressly granted; or as when the
issuance is necessary in the discharge of its
functions pursuant to a statutory grant)
Is there a grant of authority by the legislature to
administrative bodies to issue rules and regulations?
 b. Validity of Delegation
Does it meet the two requisites?
i. Completeness test – the statute should be complete
in all its essential terms and conditions when it leaves
the legislature so that there is nothing left for the
delegate to do except to enforce it
US. v. Ang Tang Ho
The legislature did not specify under what conditions
the rules may be issued and did not define what
constitutes extraordinary increase in price of cereals.
Promulgation of rules is left to the sole discretion of
Governor-General. Law is thus incomplete as
legislation.
ii. Sufficient standard test – the statute should fix a
standard, mapping out the boundaries of the
delegate’s authority by defining the legislative policy
and indicating the circumstances under which it is to
be pursued or effected. This is to prevent a total
transference of legislative power from the legislature
to the delegate. The standard is usually indicated in
the law delegating the legislative power.
Ynot. v. IAC
EO 626-A is unconstitutional. One searches in vain for
the usual standard and the reasonable guideline, or
better still, the limitations that said officers must
observe when they make their distribution. There is
none.
c. Validity of Exercise
Does it conform with:
i. What the statute provides
ii. Whether the same is reasonable
16. Administrative Rules and Regulations
- have the force and effect of statutes
- should be construed
Rule-making power – the power given to administrative
agencies promulgate rules and regulations
Power of subordinate legislation – agencies are authorized
to issue or promulgate rules and regulations necessary to
carry out its functions
Rules and regulations - are those issued by administrative
or executive officers in accordance with and as authorized
by law
Rationale: administrative bodies have competence and
opportunity
Necessity: in order to adapt to the increasing complexity of
modern life and variety of public functions
Nature of grant: relaxation of (exception to the) separation
of powers
17. Kinds of Rule-making Powers
Supplementary (particular delegation of authority) –
administrative bodies may implement broad policies laid
down in the statute by “filling-in” details which the Congress
may not have the opportunity or competence to provide
Interpretative (interpretation of statute being
administered) – power of administrative agencies to
interpret and construe the statutes entrusted to them for
implementation
Contingent – The Congress may provide that law shall take
effect upon the happening of future specified contingencies
leaving to some other entity the power to determine when
the specified contingency has arisen (determination of facts)
18. Limitations on Rule-Making Power
1. Not inconsistent with the Constitution – Constitutional
provisions control what rules and regulations may be
promulgated by administrative bodies
DAR v. Sutton
AO contravenes the Constitution. DAR has no power to
regulate livestock farms which have been exempted by
the Constitution from the coverage of agrarian reform.
The fundamental rule in administrative law is that, to be
valid, administrative rules and regulations must be
issued by authority of a law and must not contravene
the provisions of the Constitution.
Rationale: industrial activities were excluded from the
coverage of the agrarian reform to prevent the
elimination of sources of food (already productive),
sacrificed in favor of cultivation of land
2. Not inconsistent with the statute – statutory provisions
control what rules and regulations may be promulgated
by administrative bodies
Solicitor General v. MMA
PD 1605 (Act Granting MMC powers related to traffic
management and control in Metro Manila) does not
allow either removal of license plates or confiscation of
driver’s licenses for traffic violations. Ordinance No. 11
imposes sanctions PD does not allow and actually
prohibits. It violates and in effect partially repeals the
law. Thus, said ordinance is null and void.
3. Cannot amend an act of the Congress – may not amend,
alter, modify, supplant, enlarge or expand, restrict or
limit the provisions or coverage of the statute
Boie-Takeda Chemicals v. De la Serna
In including commissions in the computation of 13th
month pay, DOLE unduly expanded the concept of “basic
salary”, as defined in PD 851. It is a fundamental rule
that implementing rules cannot add or detract from the
provisions of the law it is designed to implement.
 4. Cannot exceed the provisions of basic law – they must
be within the scope and purview of the statutory
authority granted by the legislature
United BFHA v. BF Homes
Under PD 902-A, insofar as the association’s franchise or
corporate is involved, it is only the state, not the
“general public or other entity” that could question this.
- general public means that anybody can question
the authority of the association instead of only the
state
5. Reasonable and not unfair or discriminatory – they
must not act arbitrarily or capriciously in the
promulgation of rules and regulations; and the rules and
regulations issued must be reasonably adopted to secure
the end in view
Lupangco v. CA
Resolution 105 is not only unreasonable and arbitrary, it
also infringes on the examinees’ right to liberty. PRC has
no authority to dictate on the reviewees as to how they
should prepare themselves for the examinations.
- the implementation is also impossible
19. Local Ordinances
Legislative power of LGUs: power of legislative bodies to
enact ordinances and issue regulations
Rationale: LGUs are more knowledgeable on local matters
Basis: Local Government Code of 1991
20. Requirements for a Valid Ordinance
1. Must not contravene the Constitution or statute
Magtajas v. Pryce Properties
Ordinances contravene PD 1869, which authorized
casino gambling, as they prevent PAGCOR from
exercising the power conferred on it to operate casino.
PD 1869 has the status of a statute that cannot be
amended or nullified by mere ordinance.
- Statute prevails over ordinance
- LGUs can prohibit gambling which is not
authorized
- Legal gambling generally favored because of
the increase in revenues and perpetrates
under the table allowances to top local
officials
Lagcao v. Labra
Ordinance is repugnant to the pertinent provisions of
the Constitution, RA 7279 and RA 7160. City did not
comply strictly with RA 7279 (local expropriation of
property for urban land reform and housing). There was
no attempt to first acquire the lands listed in Sec. 9 (a to
e). Likewise, the City failed to exhaust other modes of
acquisition in Sec. 10 thereof. Moreover, there was no
evidence of definite offer to buy the property as
required by Sec. 19 of RA 7160.
2. Must not be unfair or oppressive
Lucena Grand Central Terminal v. JAC Liner
Proscription against existence of all terminals apart from
that franchised to LGCT cannot be considered
reasonably necessary to solve traffic problem.
Additionally, since compulsory use of the terminal would
subject users thereof to fees, such measure is unduly
oppressive.
- hidden agenda is to make money
3. Must not be partial or discriminatory
4. Must not prohibit but may regulate trade
Dela Cruz v. Paras
If night clubs were merely regulated and not prohibited,
certainly the assailed ordinance would pass the test of
validity. The objective of fostering public morals, a
worthy and desirable end can be attained by a measure
that does not encompass too wide a field. The purpose
sought to be achieved could have been attained by
reasonable restrictions rather than by an absolute
prohibition. Ordinance of the Municipality of Bocaue is
declared void and unconstitutional.
5. Must be general and consistent with public policy
6. Must not be unreasonable
21. Validity of Statutes
Presumption: Every statute enjoys presumption of validity
Reasons:
1. The legislature has decided the law to be constitutional.
2. The President is convinced of the validity of the law.
Power to declare the statute unconstitutional:
Article 8, Section 4 (2)
All cases involving the constitutionality of a treaty,
international or executive agreement or law which shall be
heard by the Supreme Court en banc, and all other cases
which under the Rules of Court are required to be heard en
banc, including the constitutionality, application or
operation of presidential decrees, proclamations, orders,
instructions, ordinances, and other regulations, shall be
decided with the concurrence of a majority of the Members
who actually took part in the deliberations on the issues in
the case and voted thereon.
22. Requisites of Judicial Inquiry
1. There must be an actual case or controversy.
- involves opposing legal claims
- capable of judicial resolution
Justiciable controversy – involves a conflict of legal
rights; an assertion of opposing claims; susceptible of
judicial resolution on the basis of existing law and
jurisprudence
Political question (traditional meaning) – question on
policy; concerned with issues dependent upon wisdom,
efficacy and practicality, not the legality of an act or
measure assailed
Article 8, Section 1 (1, 2.1)
Judicial power – shall be vested in one Supreme Court
and in such lower courts as may be established by law. It
includes the duty of the courts of justice to settle actual
controversies involving rights, which are legally
demandable and enforceable
Article 8, Section 1 (2.2)
Expanded jurisdiction – to determine whether or not
there is a grave abuse of discretion amounting to a lack
or excess of jurisdiction on the part of any branch or
instrumentality of the government
3. The constitutional question must be raised at the
2. The question of constitutionality must be raised by the
proper party (locus standi or legal standing).
- one who has sustained or is in danger of sustaining
injury as a result of the act complained of
Legal Standing – personal or substantial interest in the
case such that the party has sustained or will sustain
direct injury as a result of the governmental act that is
being challenged
Taxpayer’s Suit – proper when public funds are:
a. illegally disbursed;
b. delegated to improper purpose;
c. wasted through invalid or unconstitutional law
Bar Exam Question:
If you are not earning income, can you file a taxpayer’s
suit? – Yes. As citizens of the Philippines, all of us,
whether earning income or not, at one point or another
pay taxes (e.g. VAT) in our day to day living.
Member of Congress – may question validity of:
a. presidential veto;
b. condition imposed in appropriation bill;
c. AO as the usurpation of legislative power
Exceptions:
a. over-breadth doctrine;
b. third-party standing;
c. transcendental importance/significance
IBP v. Zamora
Mere invocation by IBP of its duty to preserve the rule of
law and nothing more, while true, is not sufficient to
clothe it with standing in this case. This is too general an
interest which is shared by other groups and the whole
citizenry.
Oposa v. Factoran
The children had legal standing based on the concept of
“intergenerational responsibility”. Their right to a
healthy environment carried with it obligations to
preserve the environment for succeeding generations.
The children had legal standing to sue on behalf of
future generations.
Cuyegkeng v. Cruz
Cuyegkeng, et. al. had not made a claim to the position
held by Cruz and therefore could not be regarded as a
proper party who had sustained an injury as a result of
the questioned act.
Kilosbayan v. Morato
Not being parties to the contract of lease which it seek
to nullify, Kilosbayan has no personal and substantial
interest likely to be injured by the enforcement of the
contract. It has neither standing to bring this suit nor
substantial interest to make it real party in interest.
earliest possible opportunity.
- constitutional question must be raised at the first
possible instance
General Rule:
a. If not raised in the pleadings, cannot be considered
at trial.
b. If not considered at trial, cannot be considered on
appeal.
Exception:
a. Criminal cases – at any time in the discretion of the
court; why?
b. Civil cases – at any stage if necessary to the
determination of the case itself
c. Every case – at any stage if it involves the jurisdiction
of the court, except where there is estoppel
Tijam v. Sibonghanoy
Defendant is barred by laches, which is failure or
neglect, for an unreasonable and unexplained length of
time, to do that which by exercising due diligence, could
or should have been done earlier. After voluntarily
submitting cause and encountering adverse decision on
the merits, it is too late for loser to question jurisdiction
of the court.
 4. The constitutional question must be the very lis mota
of the case; the decision on the constitutional question
must be necessary to the determination of the case
itself.
- if the case can be decided on other grounds, courts
will refrain from ruling on constitutionality
General Rule: The courts generally:
a. Avoid deciding on a constitutional question
b. Indulge on presumption of constitutionality
c. Decide case on other available grounds
Reason: Principle of separation of powers; in deference
to acts of co-equal branches
Zandueta v. Dela Costa
Having arrived at the conclusion that Zandueta is
estopped by his own act from questioning the
constitutionality of CA 145, this court deems it
unnecessary to decide the question of constitutionality
of the questioned law.
24. Construction
Ocampo v. Secretary of Justice
Estoppel could not be applied to petitioners because
they had not accepted new positions created by the law
after it had legislated them out of their former courts. SC
held that the main objective of RA 1186 was to do away
with the system of “rigodon de jueces”.
23. Effect of Unconstitutionality
Orthodox View
Status: Total nullity
Court action: Stricken from statute books
Legal effect: Confers no rights, imposes no duties,
affords no protection and creates no
office
Binding effect: All persons are bound
Illustrative case:
25. Ambiguities exists:
Norton v. Shelby
Board had no lawful existence; that their acts were void. An
unconstitutional act is not a law; it confers no rights,
imposes no duties, affords no protection; it creates no
office; it is in legal contemplation inoperative as though it
had never been passed.
Modern View
Illustrative case:
Manila Motors v. Flores
Although the general rule is that an unconstitutional statute
– “confers no right, create no office, affords no protection
and justifies no acts performed under it,” there are several
instances wherein courts, out of equity, have relaxed its
operation or qualified its effects since the actual existence
of statute prior to such declaration is an operative fact, and
may have consequences which cannot be justly ignored.
Fernandez v. Cuerva
From October 1959 when he was separated from service up
to July 26, 1960 when he filed claim with RO only 8 months
had elapsed, and that since July 26, 1960 until filing of
complaint in CFI on Dec 17, 1962 running of prescriptive
period was deemed interrupted, it is clear that action to
enforce claim was not yet barred. Only about 9 months of
the 3 year period may be considered as having elapsed
when he commenced his action in CFI.
Definition of Black
a. discovering or expounding
b. legislative intent
c. ambiguity
d. doubtful intent
e. or fact that the given case is not explicitly provided for in
the law
Definition of Martin
a. art of
b. seeking the intent of the legislature
c. in enacting the statute
d. in applying it to a given case
Reasons:
1. infirmities in the law; and
2. limited scope of the legislature in drafting the law
- does not purport to cover everything
a. Admits two or more meanings;
b. Capable of being understood in more than 1 meaning;
c. Refers to two or more things at the same time;
d. Susceptible to more than 1 interpretation;
e. Literal interpretation will result to absurd consequences;
f. Statute is in conflict with the Constitution; and
g. Statute defeats the policy of the legislature

Status: Deemed inexistent

Court action: Does not annul or repeal the statute
and the court simply ignores it
Legal effect: Existence of statue prior to its
unconstitutionality is an operative
fact and has consequences which
could not justly be ignored.
Binding effect: Affects the parties only
26. Nature and Purpose - Using legislative history, the purpose of the Act is to let
the benefits in the sugar industry to benefit even the
Purpose: Ascertain the intent of the law laborers.
- The verba legis interpretation will defeat the purpose
Illustration: of the law. Hence, the 70-30 profit sharing must always
be observed.
Caltex v. Palomar
Promotional scheme of Caltex is covered by the prohibitive Legislative reason why the to grant laborers
provisions of the Postal Law, requiring inquiry into the purpose statute was share in the sugar
intended meaning of the words used therein. Lottery has 3 enacted produce
elements: 1) prize, 2) chance, and 3) consideration. Legislative what the law to give laborers
Gratuitous distribution of property by chance does not meaning comprehends, share when sugar
constitute “lottery”. No consideration is derived from the covers, or is produced and
party receiving the chance. In the present case, no fee is to embraces planters receive
be paid, merchandise to be brought, service to be rendered, increased
or any value to be given for the privilege to participate. participation
Legislative intent the design, plan, to make the act
27. Similarities and Distinctions purpose or end operative
sought irrespective of
As to Interpretation Construction whether there
Purpose Ascertain Ascertain exists a milling
legislative intent legislative intent agreement
Applicability Ambiguity exists Ambiguity exists between the
Manner Discover the Draw conclusions central and sugar
meaning planters
Reference Limited to written Transcends the
text text of statute Garcia v. SSS
Type of Aid Intrinsic aids Extrinsic aids The liability imposed under SSS law does not preclude
liability for non-remitted amount relevant to Sec. 28(f) is
28. Definition of Terms Sec. 22(as) of the same law, which provides that “every
employer is required to deduct and remit such
Legislative Purpose – reason why statute was enacted by contributions…” It is the cardinal rule of statutory
the legislature construction that in interpreting the meaning and scope of a
term used in the law, a careful review of the whole law
Legislative Meaning – what the law comprehends, covers, or involved, as well as the intendment of the law, must be
embraces made.

Legislative Intent – the design, plan, purpose or end sought 29. Power to Construe

Illustration: General rule: legislature may not override judicial

Federation of Farmers v. CA
The liberal import of the law, if given effect, will defeat the
purpose of the Act which is to grant laborers a share in
sugar produce. Legislative meaning is to give laborers share
for as long as sugar is produced and planters receive
increased participation. Thus, legislative intent is to make
the Act operative irrespective of whether there exists a
milling agreement between central and sugar planters.
- Federation claims that Victorias and Planters had no
legal right to agree on ratio that did not conform with
the law.
- Planters argue that the Act applies only when there is
no milling agreement.
- There is evidence that the planters and centrals were
colluding. They can agree, at any time, on the profit
sharing ratio.
- If verba legis or ordinary meaning is to be applied,
there exists an ambiguity.
construction
Reason: judicial function
Exception: legislature may adopt rules of statutory
construction as part of the provisions of the statute
Examples:
1. Article 10 of the Civil Code – In case of doubt in the
interpretation or application of laws, it is presumed
that the law-making body intended right and justice to
prevail.
2. Section 4 of the Labor Code – All doubts in the
implementation and interpretation of the provisions of
this Code, including rules and regulations, shall be
resolved in favor of labor.
 Illustration:
People v. Meer
Collection of income tax from salaries of judicial officers is
diminution of their salaries in violation of the constitutional
provision. Reason behind the exemption is to preserve the
independence of the judiciary, which is of far greater
importance than any revenue that could come from taxing
their salaries.
Endencia v. David
Interpretation of the Constitution and of statutes is the
exclusive jurisdiction of the judiciary. In enacting a law, the
legislative may not provide therein that it be interpreted in
such a way it may not violate the constitutional prohibition
thereby tying the hands of the Court in the task of
interpreting said statute, especially when the interpretation
provided in the statute runs counter to the previous
interpretation already given in a case by the Supreme Court.
30. Basic Guidelines in Statutory Construction
1. Verba legis – when the statute is plain and ambiguous,
it warrants an ordinary meaning
Basis: index animi sermo est (speech is the index of
intention)
Presumptions:
a. words correctly express intention
b. the statute says what it means and means what it
says there
Illustration:
Republic v. Lacap
The plain meaning rule or verba legis in statutory
construction is that if the statute is clear, plain and free
from ambiguity, it must be given its literal meaning and
applied without interpretation. The wordings of R.A.
4566 are clear. It does not declare explicitly or
impliedly, as void, contracts entered into by a
contractor whose license had already expired.
Nonetheless, such contractor is liable to the payment of
the fine prescribed.
- COA has no reason to withhold payment, which
constitutes unjust enrichment
Davao Electric v. Province of Davao Oriental
FIRB Resolution is crystal clear in stating that “tax
exemption privileges are restored effective July 1,
1987”. The language of the law is plain and
unambiguous. When the language of the law is clear
and unequivocal, the law must be taken to mean
exactly what it says.
- President Cory Aquino encouraged electric
cooperatives through the FIRB Resolution which
granted a tax exemption
- Davao Electric construed the tax exemption as
retroactive, to include its real property taxes since
1984
PAGCOR v. Phil E-gaming
In its ordinary sense, “game” is a sport, pastime, or
contest while “amusement” is the pleasurable
occupation of senses, diversion or enjoyment. On the
other hand, “game of chance” is a “game in which
chance rather than skill determines outcome,” while
“gambling” is defined as “making a bet” or “play for
value against an uncertain event in the hope of gaining
something of value”. In fine, R.A. 7903 did not grant to
Zambo Ecozone the power to operate and/or license
games of chance/gambling.
2. Stare decisis (stand by decisions) – when the Supreme
Court has laid down a principle applicable to a certain
set of facts, it shall adhere to that principle and apply it
to all future cases where the facts are substantially the
same.
Reason: for certainty and stability in the legal system
Rule: Article 8 of the Civil Code. Judicial decisions
applying or interpreting the laws or the Constitution
shall form a part of the legal system of the Philippines.
Illustration:
Agencia Exquisite v. Commissioner
Under the doctrine of state decisis et non quieta
movere, it behoves the Court to apply its previous
ruling in Lhuillier to the case under consideration. Once
a case has been decided one way, any other case
involving exactly the same points at issue, as in the
present case, should be decided in the same manner.
- lending investors are not pawnshops for the
purpose of imposing the 5% percentage tax
3. Non-retroactivity of judicial rulings – Article 4 of the
Civil Code. Laws shall have no retroactive effect unless
the contrary is provided.
Rationale:
1. Not to divest vested rights or impair the obligation
of contracts;
2. Not to deprive the law of its quality of fairness and
justice
People v. Jabinal
When Jabinal was appointed as a Secret Agent in 1962,
the prevailing doctrine was Macarandang (1959) and
Lucero (1958). The doctrine laid down therein was part
of the jurisprudence, hence, of the law of the land, at
the time Jabinal was found in possession of the firearm.
True, the doctrine was overruled in People v. Mapa in
1967, but the new doctrine should be applied…
 CEMCO Holdings v. National Life 33. Aids to Construction
What is applicable is the ruling of SEC dated Feb. 14,
2005 abandoning the opinion embodied in the letter Intrinsic Aid – those found in printed page of statute itself
dated July 27, 2004. The principle of prospective
application of new judicial doctrines does not mean Extrinsic Aid – those extraneous facts and circumstances
that if new rule is laid down in a case, it should not be outside the printed page
applied in that case but that said rule should apply
prospectively to cases arising afterwards. Presumptions – those based on logic and established
- tender offer rule provisions of law
- according to PSE, per inquiry, there is no need to
comply with the rule 34. Intrinsic Aid Matrix
- the controversy is pending with the SEC, with
National Life forcing CEMCO to make a tender Kind Definition Value Case
offer Expresses subject Great Ebarle v. Sucaldito
- CEMCO should be covered per revised ruling of the Title
matter weight (156 SCRA 803)
SEC (to be applied prospectively) Santiago v.
- CEMCO relied in good faith on the previous SEC Great
Sub-title Subordinate title Comelec (270
ruling; but it was a convoluted application of the weight
SCRA 106)
non-retroactivity of judicial rulings States objective of Low People v. Echaves
- It should be prospective application with respect Preamble
enactment degree (95 SCRA 663)
to previously decided cases and not pending cases Words or phrases Great Paras v. Comelec
Context
used weight (G.R. No. 123169)
31. Limitations on the Power to Construe Comma, semi- Low Nera v. Garcia (106
Punctuation
colon, period degree Phil. 1031)
The courts may not: Prefixed to Low Kare v. Platon (56
1. Enlarge the scope of the statute Headnotes
sections/chapters degree Phil. 248)
2. Insert into the law what it thinks should be in it
3. Revise action of the legislature Illustration:
4. Rewrite the law
5. Interpret into the law a requirement not prescribed Title
6. Engraft any limitations in its operation or scope
Ebarle v. Sucaldito
Otherwise, the statute would become a judicial legislation. The title speaks of “commission of irregularities”. There is
no mention, not even by implication, of criminal “offenses”,
Illustration: that is to say “crimes”. While “crimes” amount to
“irregularities”, EO could have referred to a more specific
Canet v. Decena term had it intended to make itself applicable thereto.
Tax ordinances relied upon by Canet contains general - whether irregularities include criminal offenses
provisions for issuance of business permits but do not
contain specific provisions relating to the operation of Subtitle
cockpits. Courts may not, in guise of interpretation, enlarge
the scope of the statute and include therein situations not Santiago v. Comelec
provided nor intended by the lawmakers. R.A. 6735 is inadequate to cover initiative on amendments
to the Constitution. If Congress intended the Act to provide
32. Basic Rules in Statute Appreciation for the implementation of initiative on amendments to the
Constitution, it could have provided for a subtitle therefore.
Apply – when law speaks in clear and categorical language
Preamble
Interpret – when there is ambiguity in language of statute,
ascertain legislative intent by making use of intrinsic aid People v. Echavez
The lower court correctly ruled that P.D. 772 does not apply
Construe – when intent of legislature cannot be ascertained to pasture lands because its preamble shows that it was
by merely making use of intrinsic aids, courts should resort intended to apply to urban communities.
to extrinsic aid - the prosecutor charged 16 persons for occupying and
cultivating a grazing land against the owner’s will
Context 35. Rules on Lingual Text

Paras v. Comelec Controlling Consult

Language
Every part of statute must be interpreted with reference to (unless (ambiguity,
(officially Illustration
the context, i.e. every part of statute must be considered otherwise omission,
promulgated)
provided) mistake)
together with other parts. The intent of Sec. 72 is to subject 1987
English and
elective local official to recall coinciding his term of office. English Spanish text Constitution:
Spanish
Par (b) construed together with par (a) merely designates Filipino is the
period when elective officials may be subject to recall national
language
election, that is, during the second year of his term.
- If the Supreme Court were to sustain the contention 1987
of Paras, a spectacle where an elective official can Administrative
never be subject to recall because the SK elections Filipino and Code: In the
English interpretation
will always coincide with the 2nd year of his term. English Other texts of a law or
(official
- Paras still succeeded because the ruling was issued administrative
language)
after the end of his term. Funny! issuance
promulgated
in all official
Punctuation languages,
English shall
Nera v. Garcia prevail
The Revised Administrative Code authorized the preventive Spanish
RPC (enacted
suspension of employee “if the charge against such (with foreign Spanish Other texts in Spanish)
translation)
employee involves dishonesty, oppression, or grave Judiciary Act of
misconduct, or neglect in the performance of duty”. There is 1948
English
a comma after “dishonesty” and “oppression”, warranting (with foreign English Other acts
(approved in
the conclusion that the only the phrase “grave misconduct English,
translation) translated in
or neglect” is qualified by the words “in the performance of Spanish
duty” be committed in the course of performance of duty by Filipino
the person charged. (with foreign Filipino Other texts
- comma is a separate thought or idea translation)

Roger Casement Case

Treason Act actually provides “a person was guilty of high
treason under the Act if they levied war against the King in
his Realm or adhere to the King’s enemies in his realm,
giving them aid and comfort in this Realm or elsewhere”.
The Court decided that a comma should be read in the
context, crucially widening the sense so that “in the realm
or elsewhere” meant where acts were done and not just
where the “King’s enemies” may be. He was hanged in
London on August 3, 1916, at age of 51. This led to the
accusation that Casement was “hanged on a comma”.

Headnotes

Kare v. Platon
Headings prefixed to the title, chapters and sections of a
statute or code may be consulted in aid of the
interpretation in case of doubt or ambiguity, but inferences
drawn from such headings are entitled to very little weight
and they can never control the plain terms of the enacting
clause.
- there is an ambiguity as to who has the power to
issue the bonds, what kind of bonds
36. Extrinsic Aid Matrix Executive Construction

Kind Value Reason Case Cemco Holdings v. National Life

Celestial Interpretation given by SEC must be sustained. Construction
Legislative Best means
Nickel v. given to a statute by an administrative agency charged with
History to ascertain
Great weight MicroAsia the interpretation and application of that statute is entitled
(antecedents of legislative
the statute)
(G.R. No. to great weight by the courts, unless such construction is
intent
169080) clearly shown to be in sharp contrast with the governing law
Executive or statute. The SEC and the Court of Appeals accurately
Construction Expertise Cemco
pointed out that the coverage of the mandatory tender
(by Great respect and Holdings v.
offer rule covers not only direct acquisition but also indirect
administrative experience National Life
bodies) acquisition or “any type of acquisition.”
Contemporary Made by
Circumstances Policy of Law
Strongest in three
(conditions
law branches of
during Tinio v. Frances
enactment) gov’t
Order for the issuance of patent is the same in effect as the
Policy of law It embodies Tinio v. issuance of the patent itself. And if the law (Sec. 118, CA
(what the law Great weight legislative Frances (G.R. 114) prohibits the sale of a homestead after the issuance of
encourages) intent No. 171815)
a patent, the prohibition should be extended, in view of the
Part of Legal Tung Chin Hui
Judicial apparent policy of the law which is to conserve the land
System (Art. v. Rodriguez
Construction Great weight which a homestead has acquired under the Public Land Act
4, New Civil (G.R. No.
(stare decisis) to the date on which the order of the issuance of the patent
Code) 137571)
is issued, which in this case is 1943.
But cannot
Legislative prevail over Endencia v.
Interpretation Respectful Judicial Construction
court’s David (93
(prescribes rules consideration
prerogative Phil. 696)
of construction)
to decide Tung Chin Hui v. Rodriguez
Dictionaries Estrada v. Having been omitted from the 1997 Rules, deemed repealed
Use of
(List of words Sandiganbayan is Sec. 18, Rule 41 of the pre-1997 Rules of Court, which had
Great weight definition is
with their (G.R. No. provided for 48-hour period within which to appeal habeas
meanings) presumed 148560) corpus cases. Period for perfecting appeal is now uniform –
Foreign Adoption of People v. 15 days from notice of the judgment or order. Stare decisis
Decisions foreign Pagpaguitan cannot compel this Court to apply to the present case the
Great weight
(Construction by decisions is (315 SCRA alleged precedents decided during the regime of pre-1997
foreign courts) presumed 226)
Rules.
Illustration: Dictionaries
Legislative History Estrada v. Sandiganbayan
What the assailed statute punishes is the act of a public
Celestial Nickel v. Micro Asia officer in amassing or accumulating ill-gotten wealth of at
In the interpretation of ambiguous provisions, history of
least 50 million through a series or combination of acts
enactment of the law may be used as an extrinsic aid. Based
enumerated in Sec. 1 p (d) of the Plunder Law. The intention
on the grant of implied power to terminate mining contracts of the lawmakers, who are ordinary, untrained philologists
under previous laws or issuances (P.D. 463, E.O. 221, E.O.
and lexicographers - to use statutory phraseology in such a
279) the Philippine Mining Act should be construed as
manner is always presumed.
continuation of legislative intent to authorize the DENR
Secretary to cancel mineral agreements on account of Foreign Decisions
violations of the terms and conditions thereof.
People v. Pagpaguitan
In University of Illinois v. Spalding, it was held that when
writing is claimed on the one hand and denied upon the
other to be the writing of a particular person, any other
writing of that person may be admitted in evidence for the
purpose of comparison with the writing in dispute. Our rules
on evidence having been drawn mainly from American
sources, decisions of American courts have persuasive
effect.
- when comparison is permissible, it may be done by
the court, with or without the aid of an expert
witness
37. Kinds of Legislative History 38. Kinds of Contemporaneous Circumstances

Kinds Definition Rule Case Kind Rule

Contains his Aid in Examine circumstances when statute was
President’s thoughts on ascertaining History of the times enacted and interpret it in the light of the
Message the proposed legislative conditions then obtaining
legislation intent Consider conditions obtaining, at the time
Conditions at the
Exposition on the statute was enacted to ascertain
Resorted to time of enactment
Explanatory bill and legislative intent.
where there is
Note arguments for May be resorted to by the Courts where
ambiguity Principles of
its passage statute is modelled after Anglo-American
common law
Used to precedents
discover Prior laws from Courts may look to prior laws on same
Prepared by
Committee reform which which statute is subject and to investigate antecedents of
sub-
Reports statute based statute involved
organization
intended to Courts must look to object to be
make Purpose of law or accomplished, evils to be remedied, or
Used to mischief to be purpose to be sub-served and give the law
discern suppressed construction which will best effectuate its
Sponsorship Disquisition of underlying purpose.
Speech bill’s author purpose or
object of 39. Re-enactment
statute
Deliberations Commissioner of Internal Revenue v. American Express
Debates and Discussion on
on the bill may Upon the enactment of the Tax Reform Act of 1997, which
Deliberations the bill
be adopted substantially carried over the particular provisions on zero-
Investigate rating of services under Sec. 102 (b) of the Tax Code, the
Change in history of Commissioner
Modification principle of legislative approval of administrative
Phraseology provision to of Customs v.
of wordings in interpretation by re-enactment clearly obtains. The
by discover CTA (224 SCRA
the statute Congress is presumed to have re-enacted the law with full
Amendments meaning of 665)
amended law knowledge of the contents of the revenue regulation then in
Give amended force regarding the VAT.
statute a
Removal of 40. Types of Executive Interpretations
Amendment construction
words in a
by Deletion different from
statute Type Form Value Reason
that previous
to amendment Circular; Competence;
Administrative Great
Directive; Experience;
Officers weight
Illustration: Regulation Expertness
Chief legal
Secretary of Legal Great
Change in Phraseology by Amendment adviser of the
Justice opinions Respect
Gov’t
Commissioner of Customs v. CTA Executive
Ruling in Competence;
Officer with Great
The insertion of the word “national” before the word “part” Adversary Experience;
Quasi-Judicial Weight
is a clear indication of the legislative intent to change the Proceeding Expertness
Power
meaning of Sec. 2901 from what it originally means. Under
Sec. 2901 of the Tariff and Customs Code as amended by
END FOR MIDTERM EXAM
P.D. 34, only vessels berthing at national ports, as
distinguished from private or municipal ports, are liable for
berthing fees.
 Chapter 4
ADHERENCE TO, OR DEPARTURE FROM,
LANGUAGE OF STATUTE
A. Literal Interpretation
1. Verba Legis
2. Dura Lex, Sed Lex
1. Verba Legis
>>The intent of the legislature to be ascertained and
thereafter given effect is the intent expressed in the language
of the statute.
General Rule: If a statute is clear, plain and free from
ambiguity, it must be given its literal meaning and applied
without attempted interpretation.
Presumption: The words employed by the legislature in a
statute correctly express its intent or will.
Note: What is not clearly provided in the law cannot be
extended to those matters outside its scope.
Case: Globe-Mackay v. NLRC
Issue:
Whether or not Salazar can be reinstated to her former
position and entitled to backwages
Held:
Yes. The wording of Article 279 of the Labor Code is clear and
unambiguous: “An employee who is unjustly dismissed from
work shall be entitled to reinstatement… and to his full
backwages. Under the plain meaning rule, when the statute is
clear, plain and free from ambiguity, it must be given its
literal meaning and applied without interpretation. This rule
rests on valid presumption that the words employed by the
legislature in a statute correctly expresses its intent or will
and preclude the court from construing it differently.
2. Dura Lex, Sed Lex The law may be harsh, but it is still the
law.
>> A statute, being the will of the legislature, should be
applied in exactly the way the legislature has expressed itself
clearly in the law.
>> If there is a need to change, amend or repeal the law, it
may be done through legislative process, not by judicial
decree.
Case: Gonzalez v. Gonzalez - If the law is clear and free from
doubt, it is the sworn duty of the court to apply it without fear
of favour, to follow its mandate and not to tamper with it.
Issue:
Whether or not the decree of divorce sought abroad by the
defendant can be recognized in the Philippines
Held:
No. The Reno divorce cannot be recognized in the Philippines.
Pursuant to the Civil Code, the personal relations of Filipino
citizens shall not be affected by decrees of foreign courts in a
manner that the State believes is contrary to public order and
good morals. It is the duty of the courts to apply the laws of
divorce as written by the legislature if they are constitutional.
Courts have no right to say that such laws are too strict or too
liberal.
B. Departure From Literal Interpretation
1. Statute must be capable of interpretation, otherwise
inoperative
2. What is within the spirit is within the law
3. Literal import must yield to intent
4. Intent of a statute is the law
5. Construction to accomplish purpose
6. When reason of law ceases, law itself ceases
7. Supplying legislative omission
8. Correcting clerical errors
9. Construction to avoid absurdity
10. Construction to avoid injustice
11. Construction to avoid danger to public interest
12. Construction in favour of right and justice
13. Surplusage and superfluity disregarded
14. Law does not require the impossible
15. Number and gender of words
1. A statute must be capable of construction or
interpretation for effectuate legislative intent and purpose.
Demafiles v. Comelec - Where a statute totatlly fails to
express a meaning, a becoming sense of judicial modesty
forbids the court from assuming and, consequently, from
supplying a meaning thereto.
…The statute in such a case, is necessarily
inoperative.
Case: Santiago v. Comelec (Adoption of a strict and literal
rather than liberal interpretation of the law)
Issue:
Whether or not R.A. 6735 covers initiative on amendments to
the Constitution
Held:
No. By virtue of a strict and literal construction of the law,
R.A. 6735 is inadequate to cover that system as it did not
provide for the contents and a subtitle for initiative on the
Constitution. COMELEC should not entertain or take
cognizance of any petition for initiative on amendments to
the Constitution pending the enactment of a sufficient law to
provide for the implementation of the system.
2. What is within the spirit is within the law.
Principle: Ratio Legis – Interpretation according to the spirit
or reason of the law.
>>The spirit of the law controls its letter.
General Rule: A statute must be read according to its spirit
and intent and where legislative intent apparently conflicts
with the letter of the law, the former prevails over the latter.
>>The Court may consider the spirit and reason of a statute
where a literal meaning would lead to…
(ACIP) -Absurdity
-Contradiction
-Injustice
-Would defeat the clear Purpose of
Legislation
Case: Melchor v. COA
Issue:
Whether or not Melchor should be held personally liable for
the escalated amount of 515,305.60 paid to the contractor
Held:
No. As a rule, the court may consider the spirit and reason of
a statute where a literal meaning would lead to absurdity,
contradiction, injustice or would defeat the clear purpose of
the lawmakers. To draw a narrow and stringent application of
LOI 968 would be to lose sight of the purpose behind its
enactment. The rationale for LOI 968, which is to ensure that
there are available funds to finance a proposed project, was
already served by the chief accountant's issuance of a
certificate of fund availability. Hence, respondent COA is
directed to allow post-audit payment of 344,430.80 (61% of
the original contract price) and to determine on a quantum
meruit basis the value of the extra works done, and after such
determination, to disallow in post-audit the excess payment,
if any, made by the petitioner to the contractor. The
petitioner shall only be liable for any such excess payment.
3. The literal import or meaning of a statute must yield to its
apparent intent, purpose or spirit.
>> It is the duty of the court to choose between conflicting
theories that which best accords with the spirit or intent of
the law.
Applicable when: adherence to the letter of the statute
would result in absurdity and injustice.
>>A statute may therefore be extended to cases not within
the literal meaning of its terms, so long as they come within
its spirit or intent.
Case: Federation of Free Farmers v. CA
Issue:
Whether the laborers are entitled to a percentage share in
the increased participation of the planters granted under R.A.
809
Held:
Yes. The Sugar Act of 1952 is, by and large, a piece of social
legislation intended to grant increases in the planters'
participation for the primary purpose of enabling the planters
to improve the lot of their plantation laborers. Consequently,
it shall be operative regardless of whether there is a milling
agreement. As such, the petitioners are entitled to the
payment of 60% of the 4% increase paid by Victorias to the
Planters every crop year and it shall be the sole and exclusive
liability of the Planters.
4. The intent of a statute is the law.
>>A literal application of any part of the statute is to be
rejected if it will…
(OLC) -Operate unjustly
-Lead to absurd results
-Contradict the evident meaning of the
statute taken as a whole
Applicable when: ambiguity exists in the language employed
in the law.
Case: PNB v. Office of the Pres.
(Weight of the intent of the statute)
Issue:
May a buyer of a property at a foreclosure sale dispossess
prior purchasers on installment of individual lots or compel
them to pay again for the lots previously bought from a
defaulting mortgagor-subdivision developer, on account of
the prospective application of P.D. 957?
Held:
No. The Court cannot allow the injustice that will be wrought
by a strictly prospective application of the law; otherwise
little people would be deprived of their homes through no
fault of their own.
5. Construction to accomplish purpose or the reason which
induced the legislature to enact the statute
>> Statutes should be construed in the light of the object to
be achieved and the evil or mischief to be suppressed.
Legislature - working instrument of the government of which,
for purposes of interpretation means that laws have ends to
achieve and they should be construed as not to defeat but to
carry out such ends and purposes.
Case: People v. Lacson - A statute derive its vitality from the
purpose for which it is approved. To construe it in a manner
that disregards or defeats such purpose is to nullify or destroy
the law.
Issue:
Whether or not Section 8 of the Revised Rules on Criminal
Procedure is applicable and warrants prospective application
Held:
Yes. The Court ruled that a procedural law may not be applied
retroactively if to do so would work injustice or would involve
intricate problems of due process or impair the independence
of the Court. The 11 criminal cases filed with the RTC on June
6, 2001 are well within the two-year period, which should
commence on December 1, 2000, in consonance with the
intendment of the new rule in fixing the time-bar and thus
prevent injustice to the State and avoid absurd,
unreasonable, oppressive, injurious, and wrongful results in
the administration of justice.
>>It is fundamental that once the purpose or policy of the
statute has been ascertained or determined, the courts
should give effect to it by giving the statute a construction
that best accords with the purpose of the law.
6. When the reason of the law ceases, law itself ceases.
Case: Ramirez v. CA - A subsequent statute may render a prior
law devoid of reason. In such a case, the later law will operate
to repeal the prior law, even though the two laws contain no
conflicting provisions. Thus, where a later law has a purpose
in conflict with that of a prior statute on the same subject, the
latter has lost all meaning and function and has ceased to
exist.
Issue:
Whether or not the accused can be acquitted as a
consequence of Circular 133
Held:
Yes. While Circular 20 restricts the sale of foreign exchange
and subjects all transactions therein to specific licensing by
the Central Bank, the purpose of Circular 133 is clearly to
abolish such restrictions and do away with licensing. It is
beyond doubt, therefore, that the purpose of Circular 20 was
abandoned by the promulgation of Circular 133, and Sections
4a and b thereof have lost all meaning and function. Because
Circular 20 is inconsistent and runs counter to Circular 133, it
is abrogated and repealed by necessary implication.
Effectively, the crime of the accused appellants is obliterated
which lead to their acquittal.
7. The court may supply the omission to make the statute
conform to the obvious intent of the legislature or to
prevent the act from being absurd.
Applicable when: where a literal import of the language of a
statute shows that words have been omitted that should
have been in the statute in order to carry out its intent and
spirit.
Limitation: The court cannot supply what it thinks the
legislature would have supplied had its attention been called
to the omission.
Case: Matabuena v. Cervantes
Issue:
Whether or not the prohibition of donation between spouses
apply to common law relationship
Held:
Yes. The donation between common-law spouses falls within
the prohibition and is “null and void as contrary to public
policy”. The policy of the law which embodies a deeply-
rooted notion of what is just and what is right would be
nullified if such irregular relationship instead of being visited
with disabilities would be attended with benefits. Whatever
omission may be apparent in an interpretation purely literal
of the language used must be remedied by an adherence to
its avowed objective. It is a principle of statutory construction
that what is within the spirit of the law is as much part of it as
what is written. Otherwise, the legislative intent will not be
given effect.
8. The court may correct clerical errors, mistakes or
misprints which, if uncorrected would render the statute
unreasonable.
>>To correct the error or mistake is to prevent the
nullification of the statute and give it a meaning and purpose.
Limitation: what the courts may correct are only those which
are clearly clerical errors or obvious mistakes, omissions and
misprints.
Case: Lopez v. CTA
Issue:
Whether or not the Court of Tax Appeals has the jurisdiction
to review by appeal the decisions of the Collector of Customs
Held:
No. Under the rule of statutory construction, it is not the
letter but rather the spirit of the law and intention of the
legislature that is important and which matters. The phase in
“Collector of Customs” in Sec. 11 should be “Commissioner of
Customs” to make the provision conform to Sec. 7 of R.A.
1125. In correcting a clerical error or obvious mistake, the
court is not indulging in a judicial legislation. It is merely
endeavouring to rectify and correct a clearly clerical error in
the wording of the law, in order to give due course and carry
out the evident intent of the legislature.
9. The general terms of a statute should be so limited in
their application as not to lead to absurdities.
(Construction to avoid absurdity)
>>Where there is ambiguity, such interpretation as will avoid
inconvenience and absurdity is to be adopted.
Case: Paras v. Comelec
Issue:
Whether or not the scheduled SK elections bar the duly
constituted recall election
Held:
No. The evident intent of Section 74 is to subject an elective
local official to recall election once during his 3-year term.
Paragraph (b) construed together with paragraph (a) merely
designates that an elective local official may be subject to
recall only during the 2nd year of his term. Hence, if the Court
were to sustain the petitioner’s contention, no recall election
can possibly be conducted as the SK elections will always
coincide with the 2nd year of the term of an elective local
official. The petitioner’s too literal interpretation of the law
leads to absurdity which cannot be countenanced.
10. The construction which will avoid all objectionable,
mischievous, indefensible, wrongful, evil and injurious
consequences should be favoured.
(Construction to avoid injustice)
Presumption: In enacting a law, the legislature did not intend
to work a hardship or an oppressive result.
Case: People v. Purisima
Issue:
Whether or not the mere carrying of deadly weapons
constitute a crime according to P.D. 9 (3)
Held:
No. The primary rule in construing legislative measures is to
search for and determine the intent and spirit of the law.
Legislative intent is the controlling factor. As regards the
purpose of P.D. 9 contemplated in its preamble, the carrying
of deadly weapons outside the residence must be related to
subversive or criminal activities to constitute a crime.
Penalizing the mere act of carrying deadly weapons would
lead to injustice, hardships and unreasonable consequences,
never intended by a legislative measure.
11. Where a great inconvenience will result, or great public
interest will be endangered or sacrificed, or great mischief
done, from a particular construction of a statute, such
construction sis to be avoided.
(Courts should presume that such construction was not
intended by the makers of the law.)
Case: Co Kim Cham v. Valdez Tan Keh.
Issue:
Whether or not the proclamation of Gen. McArthur rendered
null and void all judgments and judicial proceedings of the
courts established in the Philippines during the Japanese
military occupation
Held:
No. The word “processes” in the proclamation that “all laws,
regulations and processes” of the so-called Republic of the
Philippines during the Japanese occupation of the country are
“null and void and without legal effect” may not be construed
to embrace judicial processes because to adopt such
construction great inconvenience and public hardship would
result and great public interest would be endangered and
sacrificed, for disputes or suits already adjudged would have
to be again settled, accrued or vested rights nullified,
sentences passed on criminals set aside, and criminals might
easily become immune for evidence against them may have
already disappeared.
12. Any doubt in the construction of a statute should be
resolved in favour of right and justice.
(Construction in favour of right and justice)
Art. 10. In case of doubt in the interpretation or application
of laws, it is presumed that the law-making body intended
right and justice to prevail.
Limitation: The application of the law depends on the extent
of its justice
Case: Salvacion v. Central Bank
Issue:
Whether or not the dollar bank deposit in a Philippine bank of
a foreign tourist can be attached to satisfy the moral
damages awarded in favor of the 12-year old rape victim
Held:
Yes. The principles of right and justice should prevail over the
strict and literal words of the statute. Sec. 8 of R.A. 6426 is
inapplicable to the case of the 12-year old rape victim given
the paramount need to redress a wrong. The intention of the
law may be good when enacted. In this case, however, it
failed to anticipate the iniquitous effects producing outright
injustice and inequality. In fine, the application of the law
depends on the extent of its justice. Hence, the banks should
comply with the writ of execution and release the dollar
deposit in favor of the victim.
13. Where a word, phrase or clause in a statute is devoid of
meaning in relation to the context or intent of the statute,
or where it suggests a meaning that nullifies the statute or
renders it without sense, the word, phrase or clause may be
rejected as Surplusage and entirely ignored.
(Surplusage and superfluity disregarded)
>>Surplusage does not vitiate a statute.
Case: Demafiles v. Comelec
Issue:
Whether or not the case is moot because the respondent
already took oath and assumed office on November 22,
pursuant to R.A. 4870
Held:
No. The phrase "and shall have qualified" provided in Section
2 of R.A. 4870 is devoid of any meaning, is unmitigated jargon
in or out of context, and does not warrant the respondent's
reading that the term of office of the first municipal officials
of Sebaste begins immediately after their proclamation. This
is a clear case of failure to express a meaning, and a
becoming sense of judicial modesty forbids the courts from
assuming and, consequently, from supplying. The general rule
is that the term of office of municipal officials shall begin on
the first day of January following their election, and so the
assumption of office by the respondent Galido in no way
affected the basic issues in this case, hence, not moot.
>>Redundant words may be rejected
>>Obscure or missing word or false description may not
preclude construction
Limitation: Nothing shall be contrary to law and right.
14. Where anything is granted generally, the exceptions to
every rule are implied; that nothing shall be contrary to law
and right.
(Exception from rigid application of law)
>>The general rule should yield to occasional exceptions
whenever there are weighty reasons therefor.
Case: Province of Cebu v. IAC
Issue:
Whether or not the private respondent should be
compensated for the value of his legal services absent the
prior authorization of the provincial board
Held:
Yes. It is simply impossible that the Provincial Board would
pass a resolution authorizing Governor Espina to hire private
respondent to file a suit against their very acts. A strict
application of the provisions of the Revised Administrative
Code on the matter would deprive the Provincial Governor of
redress for a valid grievance against the members of the
Provincial Board. The provincial board authorization required
by law to secure the services of special counsel then becomes
impossible. The law obliges no one to perform what is
impossible.
15. The law does not require that the impossible be done.
>>Law obliges no one to perform an impossibility.
>>It should instead be construed in such a way that
substantial compliance with what the law requires is
sufficient.
Case: Akbayan Youth v. Comelec
Issue:
Whether or not it is incumbent upon the COMELEC to
conduct the two-day special registration
Held:
No. By lawful and reasonable determination, the COMELEC
thoroughly emphasized on the operational impossibility of
conducting a special registration considering its proximity to
the May 14 elections. As a rule, there is no obligation to do an
impossible thing. A statute may not be so construed as to
require compliance with what it prescribes when it cannot, at
the time, be legally done. It must be presumed that the
legislature did not at all intend an interpretation or
application of a law which is far removed from the realm of
the possible. As an extraordinary writ, the remedy of
mandamus lies only to compel an officer to perform a
ministerial duty, not a discretionary one; mandamus will not
issue to control the exercise of discretion of a public officer
where the law imposes upon him the duty to exercise his
judgment in reference to any manner in which he is required
to act, because it is his judgment that is to be exercised and
not that of the court.
16. When the context of a statute so indicated, words in
plural include the singular, and vice versa.
In construing a statue, the masculine, but not the feminine,
includes all genres, unless the context in which the word is
used in the statute indicates otherwise.
(Number and gender of words)
Case: Santillon v. Miranda
Issue:
Whether or not the word “children” should be construed to
include “child” under Article 996 of the Civil Code
Held:
Yes. Article 996 of the Civil Code, which provides that “if a
widow or widower and legitimate children and descendants
are left, the surviving spouse has in the succession the same
share as that of each children” applies to a situation where
there is only one child because “children” includes “child”.
The omission of a situation where the widower survives with
only one child indicates the legislator’s intention to
promulgate just one general rule applicable to both
situations.
C. Implications
1. Doctrine of necessary implication
2. Remedy implied from a right
3. Grant of jurisdiction
4. Grant of power includes incidental power
5. Grant of power excludes greater power
6. What is implied would not be against the law
7. Authority to charge against public funds may not be
implied
8. Illegality of act implied from prohibition
9. What cannot be done directly cannot be done indirectly
10. There should be no penalty for compliance with law
1. Doctrine of necessary implication
>>Every statute is understood, by implication, to contain all
such provisions as may be necessary to effectuate its object
and purpose, or to make effective rights, powers, privileges
or jurisdiction which it grants, including all such collateral and
subsidiary consequences as may be fairly and logically
inferred from its terms.
>>It includes such inferences as may be logically drawn from
the purpose or object of the statute, from what the
legislature must be presumed to have intended, and from the
necessity of making the statute effective and operative.
Exception: An implication which is violative of the law is
unjustified or unwarranted.
Case: Chua v. CSC
Issue:
Can the petitioner avail of the early retirement benefit
program under R.A. 6683?
Held:
Yes. Having filed for voluntary retirement within a reasonable
period, the petitioner is entitled to the benefits of R.A. 6683.
To deny her application is unreasonable, unjustified, and
oppressive. Co-terminous or project personnel, who have
rendered at least 2 years of continuous service should be
covered by the law; otherwise, the Early Retirement Law
would violate the equal protection clause in denying a class of
government employees who are similarly situated as those
covered by said law. Applying the doctrine of necessary
implication, every statutory grant of power, right or privilege
is deemed to include all incidental power, right or privilege.
This is so because the greater includes the lesser.
2. Where there is a right, there is a remedy for violation
thereof.
>>The fact that a statute is silent as to the remedy does not
preclude him from vindicating his right, for such remedy is
implied from such right.
>>Where a citizen after due hearing establishes a right in
court, said right is paramount and must be given force and
effect.
Case: Batumbakal v. Natl’l Dev’t Corp.
Issue:
Is the petitioner entitled to reinstatement and full back wages
having been suspended and dismissed without cause?
Held:
Yes. The petitioner is entitled to reinstatement and full back
wages. To sustain the contention of the Auditor General
would lead to an unfortunate and intolerable situation,
incongruous with basic principles of justice and the
constitutional protection of civil service employees against
Government abuse and unjustified suspension or removal.
When a citizen after due hearing establishes a right in court,
said right is paramount and must be given force and effect.
The way must be cleared for its enforcement, and
technicalities in procedure, judicial as well as administrative,
must give way. Having proven that he petitioner had been
suspended and dismissed without cause, it is the duty of the
Auditor General to redress a grievance, to right a wrong done
3. The grant of jurisdiction to try actions carries with it all
necessary and incidental powers to employ all writs,
processes and other means essential to make it jurisdiction
effective.
(Grant of Jurisdiction)
>>Statutes conferring jurisdiction to an administrative agency
must be liberally construed to enable the agency to discharge
its assigned duties in accordance with the legislative
purposes.
>>Jurisdiction to hear and decide cases is conferred only by
the Constitution or by a statute.
Case: Pimentel v. Comelec - Jurisdiction cannot be conferred
by the Rules of Court nor moy it be implied from the language
of the statute, in the absence of a clear legislative intent to
that effect.
Issue:
Whether or not COMELEC committed grave abuse of
discretion in reversing its earlier resolution in dismissing the
complaint against the Provincial Board of Canvassers of Ilocos
Norte for violation of Sec. 27 of R.A. 6646
Held:
Yes. The COMELEC acted with grave abuse of discretion in
dismissing the complaint on the ground “lack of sufficient
evidence to establish probable cause,” curiously after it had
previously found probable cause on the basis of the same
evidence. The grant to the COMELEC, conferred by the
Constitution, of the power to investigate and prosecute
election offenses as an adjunct to the enforcement and
administration of all election laws, is intended to enable the
Commission to effectively insure to the people the free,
orderly and honest conduct of elections, failure of which
would result in the frustration of the true will of the people
and make a mere idle ceremony of the sacred right and duty
of every qualified citizen to vote.
4. Where a general power is conferred or duty enjoined,
every particular power necessary for the exercise of one or
the performance of the other is also conferred.
>>The incidental powers are those which are necessarily
included in, and are therefore of lesser degree than the
power granted.
Case: Gordon v. Veridiano
Issue:
Can the petitioner validly revoke the permit to operate of San
Sebastian Drugstore notwithstanding the order to resume
operations issued by the FDA?
Held:
No. The petitioner acted invalidly in revoking Mayor's Permit
No. 1954 after the FDA had authorized the resumption of
operations of the San Sebastian Drug Store following the
enforcement of the penalties imposed upon it. By revoking
the mayor's permit on the same ground for which the drug
store had already been penalized by the FDA, the petitioner
in effect reversed the decision of the latter on a matter that
came under its jurisdiction. Thus, if the FDA grants a license
upon its finding that the applicant drug store has complied
with the requirements of the general laws and the
implementing administrative rules and regulations, it is only
for their violation that the FDA may revoke the said license.
This is consistent with the principle that the power to
approve a license includes by implication, even if not
expressly granted, the power to revoke it. By extension, the
power to revoke is limited by the authority to the license,
from which it is derived.
5. The grant of power includes all incidental powers
necessary to make the exercise thereof effective implies the
exclusion of those which are greater than that conferred.
Case: Hebron v. Reyes
Issue:
Whether or not a municipal mayor, not charged with
disloyalty to the Republic of the Philippines, may be removed
or suspended directly by the President, regardless of the
procedure set forth in Sections 2188 to 2191 of the Revised
Administrative Code
Held:
No. The procedure prescribed in Sections 2188 to 2191 of the
Revised Administrative Code for suspension and removal of
municipal officials is mandatory and, in the absence of a clear
provision to the contrary, it is exclusive. The President may
take appropriate measures to compel the provincial governor
and provincial board to take administrative action if
warranted based on the result of preliminary investigations.
There is neither statutory nor constitutional provision
granting the President sweeping authority to remove
municipal officials. The constitutional grant of power of
supervision in favor of the President over local governments
does not, in the absence of law to that effect, include the
power to suspend or remove local elective officials, nor to
direct the form and manner in which local elective officials
shall perform their duties, they being acts of control which
are greater than those of supervision.
6. What is implied should not be against the law.
>> The statutory grant of power does not include such
incidental power which cannot be exercised without violating
the Constitution, the statute conferring the power, or other
laws on the same subject.
Case: Jover v. Borra
Issue:
Can the President remove the appointed mayor of Iloilo and
designate the vice-mayor as acting mayor at his pleasure?
Held:
No. The petitioner not having been removed in accordance
with the provisions of the Revised Administrative Code, his
removal from office is unauthorized and illegal. Hence, the
designation of the respondent as acting mayor is also without
authority of law. An inferential authority to remove at
pleasure cannot be deduced, since the existence of a defined
term, ipso facto, negates such inference, and implies a
contrary presumption, i.e. that the public officer shall hold
office to the end of his term, subject to removal for cause.
The President’s constitutional power is merely one of general
supervision over all local governments and such supervision is
to be exercised as may be provided by law.
7. A statute may not be so construed as to authorize, by
implication, a charge against the public funds.
Exception: Unless a statute expressly so authorizes
Case: Macatangay v. Chairman of the COA
Issue:
Whether or not the petitioner as former municipal mayor is
entitled to leave privileges under existing laws
Held:
No. The petitioner, being an elective official, is not entitled to
leave privileges under existing laws. The provisions of the
Leave Law are intended only for appointed officers,
employees, teachers or laborers of the government, subject
to a probationary period of 6 months to acquire the
permanent status eligible to leave privileges. The
permanency requirement does not apply to elective officials
who serve for a fixed term commencing upon their
assumption of office without regard to their status. There is
no specific provision of law authorizing leave privileges, nor
commutation thereof, for elective officials, in general, and
municipal mayors in particular. Where a statute grants leave
privileges in favor of appointive officials and employees of the
government, the statute may not be so construed as to
entitle elective officials to similar privileges.
8. Where a statute prohibits the doing of an act, the act
done in violation thereof is by implication null and void.
(Principle of pari delicto)
>>The prohibited act cannot serve as foundation of a cause of
action for relief.
>>Public policy requires that parties to an act prohibited by
statute be left where they are, to make the statute effective
and to accomplish its object.
Case: Cabuatan v. Uy Hoo
Issue:
Whether the deed of sale executed by the plaintiffs in favor
of the defendants on March 18, 1943 over the two parcels of
land can be declared null and void in the light of the decision
in the Krivenko case
Held:
No. The Constitution of the Philippines not being in force
when the sale in question was affected, it cannot be invoked
by the plaintiffs as a ground for the sale set aside or rendered
null and void. Consequently, plaintiffs cannot also invoke in
their favor the doctrine laid down in the Krivenko case. It is a
well-known principle that the laws in force at the time a
contract is executed govern its interpretation and application.
Therefore, the Civil Code should govern its validity, providing
that "when both parties are guilty, neither of them can
recover what he may have given by virtue of the contract, nor
enforce the performance of the undertaking of the other
party." Having sold the land to an alien in violation of the
constitutional restriction, the plaintiff cannot annul the same
and recover the land, for both seller and buyer are guilty of
such violation.
Exceptions: It will not apply when its enforcement or
application will violate an avowed fundamental policy or
public interest. However, the court may interfere and grant
relief at the suit of one of them, where public policy requires
its intervention.
9. What the law prohibits cannot, in some other way, be
legally accomplished.
>What cannot, by law, be done directly cannot be done
indirectly.
Case: Tantuico v. Domingo.
Issue:
Can the respondent withhold half of the retirement benefits
due to the petitioner under the retirement laws, pending the
results of a re-audit of his fiscal accountability?
Held:
No. The retirement pay accruing to the petitioner may not be
withheld and applied to his indebtedness to the government,
if any, being determined in the re-audit. It is a well-settled
rule that retirement laws are liberally interpreted in favor of
the retiree because the intention is to provide for the
retiree's sustenance and comfort, when he is no longer
capable of earning his livelihood. Following the principle that
what cannot, by law, be done directly cannot be done
indirectly, the government cannot withhold payment of the
retirement benefits of a public officer until his
accountabilities with the government shall have been
cleared, as such action is doing indirectly what the
government is prohibited from doing directly.
10.There should be no penalty for compliance with law.
>>Fairness and reason cannot countenance an exaction or a
penalty for an act faithfully done in compliance with the law.
Case: Quimpo v. Mendoza
Issue:
Should the penalty be based on the original tax due even if
the late payment was only on the last installment?
Held:
No. The basis for the computation of the tax penalty in case
of delinquency should be the installment amount due and
unpaid. The general rule in the interpretation of tax statutes
is that such statutes are construed strongly against the
government and in favor of the taxpayer. Moreover, simple
logic, fairness and reason cannot countenance a penalty for
an act faithfully done in compliance with the law. Since
petitioner is allowed by law to pay his real estate tax in four
equal installments due and payable on four specified dates
and having paid the first three (3) installments faithfully and
religiously, it is manifest injustice, sheer arbitrariness and
abuse of power to penalize him for doing so when he fails to
pay the fourth end last installment.
 Chapter 5
Interpretation of Words and Phrases

A. In General General Rule/Definition Exception/Limitation/N.B. Illustrative Case

The use of general term in statute does not render the law …so long as the term is clear or made so from
1. Use of a General Term uncertain… the whole statute
Perez v. LPG-RAP

 Does not apply where its application

The legislative definition controls the meaning of the
2. Use of a Specific Term creates obvious incongruities.
statutory word, irrespective of any other meaning the word Victorias Milling v. SSS
(Statutory Definition)  The term is controlling only insofar is
or phrase may have in its ordinary or usual sense.
concerned

In the absence of legislative intent to the contrary, words

The grammatical and ordinary reading of a
3. Words construed in and phrases should be read and considered in their natural,
statute must be presumed to yield its correct Mataguina v. CA
their ordinary sense ordinary, commonly accepted and most obvious
sense.
signification.

4. Words with Should be given such trade or commercial

Trade terms are presumed to have used in their trade SMC v. Mun. Council of
commercial or trade sense.
meaning as has been generally understood
Mandaue
meaning among merchants or in their trade sense.

5. Where the law does

General words and phrases in a statute should ordinarily be There should be no distinction in the
not distinguish, courts accorded their natural and general significance. application of a law where none is indicated.
Guerrero v. Comelec
should not distinguish

Use of “or” may sometimes mean “and”

6. Disjunctive and “OR” signifies disassociation and independence of one
depending on the warrant of the spirit or People v. Martin
conjunctive words thing from each of the other things in the enumeration.
context of the law.

7. Word or phrase in The word or provision should not be given a

A word, phrase or provision should not be construed in
meaning that will restrict or defeat, but should
relation to other isolation but must be interpreted in relation to other
instead be construed to effectuate, what has
Claudio v. Comelec
provisions provisions of the law.
been intended in an enacting law.
  The context in which the word is used Phil. Rabbit Bus Lines,
8. Meaning of term The context may give broad sense to a word or it may limit oftentimes determines it meaning. Inc. v.
dictated by context the meaning.  A word is to be understood in the context Phil. American
in which it is used. Forwarders, Inc.

Where a word used in a statute has both a

restricted and a general meaning, the general
9. General words Word of general significanceis to be taken in its ordinary
must prevail unless the nature of the subject Gatchalian v. Comelec
construed generally sense. A general statement is understood in a general sense.
muster indicates that the limited sense is
intended

The presumption is that the language used in a

10. Words with technical statute, which has a technical or well-known
Technical or legal meaning of word should be adopted. Rura v. Lopena
or legal meaning legal meaning is used in that sense by the
legislature.

A word or phrase in one part of a statute is to

receive the same interpretation when used in
11. Identical words in A word or phrase repeatedly used in a statute will bear the
every other part, unless it clearly appears from Lozada v. Comelec
statute same meaning throughout the statute.
the context or otherwise that a different
meaning is intended.
Case Digests (A. In General)
1. Use of a General Term
Perez v. LPG Refillers Assn. of the Philippines
Whether Circular No. 2000-06-10 is invalid for exceeding the
provisions of B.P. 33
No. The Circular is valid as the DOE merely filled up the details and
the manner through which B.P. 33, as amended may be carried out.
A criminal statute is not rendered uncertain and void because
general terms are used therein. The lawmakers have no positive
constitutional or statutory duty to define each and every word in an
enactment, as long as the legislative will is clear, or at least, can be
gathered from the whole act, as distinctly expressed in B.P. 33
(amended) Thus, the respondent’s reliance on the “void for
vagueness” doctrine is misplaced. Moreover, the violation on a per
cylinder basis falls within the phrase “any act” as mandated in Sec. 4
of B.P. 33. To provide for the same penalty regardless of the number
of cylinders would be indiscriminate, oppressive and impractical.
2. Use of a Specific Term (Statutory Definition)
Victorias Milling v. SSS
Whether Circular No. 22 amended R.A. 1161 for including bonuses
and overtime pay in computing SSS premiums
No. The Circular merely advises employers-members of the System
of what should be included in determining monthly compensation
upon which contributions should be based, and does not require
Presidential approval and official publication for its effectivity. The
amendment of Sec.8 (f) of R.A. 1161, which defines “compensation,”
shows the legislative intent that bonuses and overtime pay,
previously treated as exceptions, must already be included in the
employee’s remuneration. This express substantial change in
phraseology of the law suggests that whatever prior judicial or
executive construction may have been given to the phrase in
question should give way to the clear mandate of the new law.
When the term or phrase is specifically defined in a particular law,
the definition must be adopted in applying and enforcing such law.
3. Words construed in their ordinary sense
Mataguina v. CA
Whether a transferee of a forest concession is liable for obligations
arising from the transferor’s illegal encroachment into another forest
concessionaire committed before the transfer
No. The transferee is not liable for the illegal encroachment caused
by the transferor. Sec. 61 (2) of P.D. 705, which provides that “the
transferee shall assume all the obligations of the transferor,” refer to
those obligations incurred in the ordinary course of business, not
those incurred as a result of transgressions of the law, as these are
personal obligations of the transferor. In construing statutes, the
terms used are generally to be given ordinary meaning or common
usage, to the end that absurdity in the law must be avoided.
4. Words with commercial or trade meaning
SMC v. Mun. Council of Mandaue
Whether or not Ordinance No. 88, as amended violated Sec. 2 of R.A.
2264
Yes. Ordinance No. 88 imposed tax based on sales and therefore
issued in violation of Sec. 2 of R.A. 2264, which provides “that
municipalities and municipal districts shall, in no case, impose any
percentage tax on sales or other taxes in any form based thereon,
etc.” The phrase “gross value in money,” as defined in trade or
commerce, means “gross selling price” or the total amount of money
or its equivalent which the purchaser pays to the vendor to receive
goods, and it should be taken in this sense when used in the statute.
It is a settled rule that in the absence of legislative intent to the
contrary, trade or commercial terms, when used in a statute, are
presumed to have been used in their trade or commercial sense.
5. Where the law does not distinguish, courts should not distinguish
Guerrero v. Comelec
Should the validity of filing the Certificate of Candidacy under the
Omnibus Election Code be considered as a qualification within the
jurisdiction of the HRET?
Yes. The legitimacy of the candidacy of a proclaimed winning
candidate who has taken his oath of office and assumed his post as
Congressman is best addressed to the HRET that has the sole and
exclusive jurisdiction over all contests relative to the election,
returns, and qualifications of members of the House of
Representatives. The term “qualification” cannot be read as qualified
by the term “constitution.” As a rule, where the law does not
distinguish, the courts should not distinguish. In making no
qualification in the use of the general word, the lawmakers must
have intended no distinction at all. The courts could only distinguish
where the facts and circumstances show that the lawmaker intended
a distinction or qualification.
6. Disjunctive and conjunctive words
People v. Martin
Should criminal case A-392 be dismissed for lack of jurisdiction under
Sec. 46 of C.A. 613?
No. The court a quo erred in refusing to take cognizance of criminal
case A-392. The word “or” in Sec. 40 of C.A. 613, as amended, which
punishes “any individual who shall bring into or land in the
Philippines or conceals or harbors any alien not duly admitted by any
immigration officer or not lawfully entitled to enter or reside within
the Philippines” does not justify giving the word a non-disjunctive
meaning, the words “bring into,” “land,” “conceals,” and “harbors”
being four separate acts each possessing its distinctive, different and
disparate meaning. The accused in criminal case A-392 are charged
only with bringing in and landing on Philippine soil the 39 aliens,
while the accused in criminal case 6258-M are charged only with
concealing and harboring the said aliens. It is absurd to draw a
conclusion of conspiracy among the accused in both criminal cases.
7. Word or phrase in relation to other provisions
Claudio v. Comelec
Whether the one-year prohibited period in Sec. 74 of the Local
Government Code embraces the entire recall proceedings
No. The limited period for recall refers only to the recall election,
excluding proceedings prior thereto. The word “recall” in Sec. 74 was
construed in relation to Sec. 69 of the Code to the effect that “the
power of recall… shall be exercised by the registered voters of a local
government unit to which the local elective official belongs.” Since
the power vested on the electorate is not the power to initiate recall
proceedings but the power to elect an official into office, the
limitation in Sec. 74 must not apply to the entire recall proceedings.
10. Words with technical or legal meaning
Rura v. Lopena
Whether or not the petitioner is disqualified for probation
No. The words “previously convicted” in Sec. 9 (c) of the Probation
Law refer to the date of conviction, not to the date of commission of
the crime. Hence, a person convicted on the same date of several
offenses committed on different dates but jointly tried is not thereby
disqualified under said provision.
11. Identical words in statute
Lozada v. Comelec
Whether or not Sec. 5 (2), Article VIII of the 1973 Constitution
applies to Interim Batasan Pambansa

8. Meaning of term dictated by context No. Sec. 5 (2), Article VIII, which calls for special elections to fill up
vacancies, applies only to the regular Batasan Pambansa. This is
Phil. Rabbit Bus Lines, Inc. v. Phil. American Forwarders, Inc. evident from the language thereof which speaks of a vacancy in the
Batasan Pambansa, which means the regular Batasan Pambansa as
Whether or not Balingit is covered under Article 2180, and therefore the same words “Batasan Pambansa” found in all the many other
liable for culpa aquiliana sections of Article VIII, undoubtedly refer to the regular Batasan, not
the interim one. A word or phrase used in one part of a Constitution
No. The terms “employers” and “owners and managers of an is to receive the same interpretation when used in every other part,
establishment or enterprise” under Article 2180 do not include unless it clearly appears, from the context or otherwise, that a
manager of a corporation. It may be gathered from the context of different meaning should be applied.
the said provision that the term “manager” is used in the sense of
“employer.” The context may also limit the meaning of what
otherwise is a word of broad signification. Hence, under the
allegations of the complaint, Balingit is not liable for torts or quasi-
delict as manager, in connection with the vehicular accident because
he himself may be regarded as an employee or dependent of his
employer, Phil-Am Forwarders.

9. General words construed generally

Gatchalian v. Comelec

Does the term “foreigner” include both natural and juridical persons,
with or without legal personality?

Yes. The word “person” comprehends private juridical corporation,

unless it appears that it is used in a more limited sense; and the
word “person” under a penal statute which is intended to inhibit an
act, must be “a person in law,” that is, an artificial as well as a
natural person. There is nothing in the Revised Election Code or in
Sec. 56 itself, indicating that the term "foreigner" is limited only to
natural persons. Neither is there any provision in the said Code
expressly or impliedly suggesting that the circumstances of an
artificial person in law are not identical to those of natural persons
covered by the prohibition. On the contrary, there is greater reason
to believe that the law-maker feared more the assistance and
influence of artificial persons in the elections than the aid of natural
persons. Hence, the law utilizes the more generic term “foreigner.”
B. Associated Words General Rule/Definition
Where a particular word or phrase is ambiguous in itself or is
equally susceptible of various meanings, its correct
1. Noscitur a Sociis construction may be made clear and specific by considering
the company of words in which it is found or with which it is
associated.
Where a general word or phrase follows an enumeration of
particular words of the same class, general word or phrase is
2. Ejusdem generis to be construed to include persons, things of the same class
as those specifically mentioned.
3. Expressio unius est The express mention of one person, thing, or consequence
excluiso alterius implies the exclusion of others.
A person, object or thing omitted from an enumeration must
4. Casus omissus be held to have omitted intentionally.
5. Doctrine of Last A qualifying word or phrase should be understood as
Antecedent referring to the nearest antecedent.
Referring each phrase or expression to its appropriate
6.Reddendo singular
object, or let each be put in its proper place, that is, the
singulis
words should be taken distributively.
Exception/Limitation/N.B. Illustrative Case
A word or phrase should be interpreted in
relation to, or given the same meaning of, words Buenaseda v. Flavier
with which it is associated.
Following must concur in a statute: (ESEB)
1. Enumeration of particular words followed
by a general word
2. Particular words should be of a same kind or
class Mutuc v. Comelec
3. Enumeration is not exhaustive or is not
merely be examples
4. No indication of a legislative intent to give
general words a broader meaning
It is not of universal application. It cannot be
used to defeat the plainly indicated purpose of
the legislature.
Parayno v. Jovellanos
Negative-opposite doctrine - what is expressed
puts an end to that which is implied
Applies only if and when the omission has been
clearly established, and in such a case what is
omitted in the enumeration may not, by
People v. Manantan
construction, be included therein.
Qualifying words restrict or modify only the
words or phrases to which they are immediately
Florentino v. PNB
associated. They do not qualify words or phrases
which are distantly or remotely located.
Requires that the antecedents and
consequences should be read distributively to
People v. Tamani
the effect that each word is to be applied to the
subject to which it is most applicable.
Case Digests (B. Associated Words)
1. Noscitur a Sociis
Buenaseda v. Flavier
Was there grave abuse of discretion on the part of the Ombudsman in
directing the preventive suspension of the petitioners?
No. The Ombudsman validly ordered the preventive suspension of the
petitioners in accordance with the requisites in Sec. 24 of the Ombudsman
Law. This order is necessary to enable him to conduct an expeditious and
efficient investigation, for the purpose of recommending the proper
disciplinary action to erring public officials or employees. The word
“suspension” in Sec. 13 (3) of Article XI should be construed as a punitive
measure as it is associated with the words removal, demotion, fine and
censure, which are penalties in administrative cases. Where a particular word
is equally susceptible of various meanings, such as “suspension” which can
mean a preventive or punitive measure, its correct construction may be
made specific by considering the company of terms in which it is found or
with which it is associated.
2. Ejusdem generis
Mutuc v. Comelec
Can the COMELEC validly prohibit the use of taped jingles in relation to the
provision of the Constitutional Convention Act against the distribution of
electoral propaganda?
No. The COMELEC cannot prohibit the use of political jingles by candidates
considering the infringement of the fundamental right of free speech. Where
an act makes unlawful the distribution of electoral propaganda gadgets,
pens, lighters, fans, flashlights, athletic goods or materials “and the like,” the
term “and the like” does not embrace taped jingles for campaign purposes.
The general rule is that where a general word or phrase follows an
enumeration of specific words of the same class, the general word or phrase
is to be construed to include, or to be restricted to, persons, things or cases
of the same kind or class as those specifically mentioned.
3. Expressio unius est excluiso alterius
Parayno v. Javellanos
Whether or not Sec. 44 covers the petitioner’s gasoline filling station under
the maxim ejusdem generis
and when the omission has been clearly established. In this case, it has
already been shown that the legislature did not exclude or omit justices of
the peace from the enumeration of officers precluded from engaging in
partisan political activities. Rather, they were just called “judges.” When a
statute appears upon its face to limit the operation of its provision 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 omission must
not have been intended.
5. Doctrine of Last Antecedent
Florentino v. PNB
Whether holders of backpay certificates can compel government-owned
banks to accept backpay certificates in payment of the holder’s obligation
with the bank
Yes. Backpay certificate holders can compel government-owned banks to
accept said certificates in payment of the holder’s obligations with the bank.
The phrase “who may be willing to accept the same for such settlement”
qualifies only its last antecedent, namely, “any citizen of the Philippines, or
association or corporation organized under the laws of the Philippines.”
There is a comma before the phrase “or to any citizen, etc.,” separating said
phrase from the proceeding one which thereby implies that the qualifying
phrase applies only to its immediate antecedent.
6.Reddendo singular singulis
People v. Tamani
Under Sec. 6, Rule 22 of the Rules of Court, when should the 15-day period
within which to appeal a judgment of conviction in a criminal action be
counted, from promulgation or from receipt of notice of judgment?
The 15-day period should be counted from the promulgation, not the receipt
of copy of the judgment. The word “promulgation” in Sec. 6 should be
construed as referring to “judgment,” while the word “notice” should be
construed as referring to “order.” As a rule, reddendo singula singulis
requires that the antecedents and consequences should be read
distributively to the effect that each word should be applied to the subject to
which it appears by context most appropriately related and to which it is
most applicable. Therefore, when the order denying defendant's motion for
reconsideration was served by registered mail on July 13th on defendant's
counsel, he had only one (1) day within which to file his notice of appeal and
not eleven days.

No. Since the zoning ordinance made a distinction between “gasoline service
station” and “gasoline filling station,” the maxim ejusdem generis shall not
apply. Instead, what is applied is the maxim expressio unius exclusio alterius,
which means that the express mention of one thing implies the exclusion of
others. In this case, “gasoline service station” under Sec. 44 cannot
necessarily include “gasoline filling station” separately provided under Sec.
21. Indeed, the activities undertaken in a “gas service station” did not
automatically embrace those in a “gas filling station.”

4. Casus omissus

People v. Manantan

Is a justice the peace included in the prohibition of Sec. 54 of the Revised

Election Code?

Yes. A justice of the peace is included in the prohibition of Sec. 54 of the

Revised Election Code. The maxim casus omisus can operate and apply only if
C. P/E/SC General Rule/Definition Exception/Limitation/N.B. Illustrative Case

Applies only to the immediately preceding part

of the section to which it is attached where no
contrary legislative intent is indicated.
To limit the application of provision of statute, or so except
something therefrom, or to qualify or restrain its generality,
1. Provisos or to exclude some possible ground of misinterpretation of
e.g. Provided, But nothing herein, etc. ALU-TUCP v. NLRC
it.
A proviso may thus enlarge, instead of restrict or
limit, what otherwise is a phrase of limited
import had there been no proviso qualifying it.

Exception Proviso
Exempts something Defeats the statute’s
from the operation operation
of a statute conditionally
Takes out something Avoids them by way
from the statute of defeasance or
Clause which exempts something from operation of statute something that excuse Tolentino v. Sec. of
2. Exceptions by express words otherwise would be a Finance
part of the subject
matter of it.
Generally part of the The enactment is
enactment itself modified by
engrafting upon it a
new provision

It operates to except from the effect of the law

Used to except or save something from the effect of a repeal
3. Saving Clause of a statute
what the clause provides, or to save something Bautista v. Fule
which would otherwise be lost.
Case Digests (C. P/E/SC)
1. Provisos

ALU-TUCP v. NLRC

Who between the petitioner and the respondent acquired a better right to the property?

The petitioner has a better right to the property having registered the execution sale under Act No. 3344 on April 17, 1935. The respondent is not entitled to the
rights of a purchaser in good faith. Article 1510 of the Civil Code, authorizing the vendor a retro to enforce his right of repurchase against “any possessor who holds
under the vendee,” provided for a saving clause in favor of the right of third persons under the provisions of the Mortgage Law, whose function may, in the case of
land not registered either under it or the Land Registration Act, be deemed to be performed by those of Act No. 3344. If this Act is to have any utility at all,
registration thereunder should produce its effects against third persons.

2. Exceptions

Tolentino v. Sec. of Finance

Whether the “except” clause of Sec. 26 (2), Article VI should qualify only the printing and distribution three days before passage, not the three readings on separate
days requirement

No. The phrase “except when the President certifies to the necessity of its immediate enactment…” qualifies the two conditions before a bill becomes a law: (1) the
bill has passed three readings on separate days, and (2) it has been printed in its final form and distributed three days before its passage. The “unless” clause must be
read in relation to the “except” clause, as the two are coordinate clauses of the same sentence. Dispensing with only the second requirement in construing the
“except” clause would not only violate the rules of grammar but also negate the very premise of the “except” clause.

3. Saving Clause

Bautista v. Fule

Who between the petitioner and the respondent acquired a better right to the property?

The petitioner has a better right to the property having registered the execution sale under Act No. 3344 on April 17, 1935. The respondent is not entitled to the
rights of a purchaser in good faith. Article 1510 of the Civil Code, authorizing the vendor a retro to enforce his right of repurchase against “any possessor who holds
under the vendee,” provided for a saving clause in favor of the right of third persons under the provisions of the Mortgage Law, whose function may, in the case of
land not registered either under it or the Land Registration Act, be deemed to be performed by those of Act No. 3344. If this Act is to have any utility at all,
registration thereunder should produce its effects against third persons.
 Chapter 6
Statute Construed as Whole and In Relation to Other Statutes
A. Statute Construed as General Rule/Definition Exception/Limitation/N.B. Illustrative Case
Whole

Each part or section should be construed in

1. Statute construed as The whole and every part of statute should be construed
connection with every other part and section so
together
whole as to produce a harmonious whole.
Intent of statute should be ascertained from statute taken as
The best interpreter of a statute is the statute JMM Promotions &
Intent ascertained from whole and not from isolated part or provision thereof
itself. Management, Inc. v.
statute as whole NLRC
Because statute is enacted in whole and not parts or
>>Purpose or context as controlling guide
sections, which implies that one part is as important as the
Give effect to statute as other
whole Construction is to be sought which gives effect to
the whole of the statute - its every word.

Apparently conflicting provisions should be

reconciled and harmonize, if at all possible
2. Reconcile conflicting Reconcile them instead of declaring outright the invalidity of
Republic v. CA
provisions one against the other.
Courts should harmonize them because they are
equally the handiwork of the same legislature.

Special and general provisions in same statute: Where there is a particular and a general provision in the same statute and the latter in its most comprehensive sense would overrule the former, the particular
provision must be operative and the general provision must be taken to affect only the other parts of the statute to which it may properly apply.

Construction as not to render provision nugatory: A law should be interpreted with a view to upholding rather than destroying it. All laws are presumed to be consistent with each other.

Construction as to give life to law: Laws must receive sensible interpretation to promote the ends for which they are enacted.

Construction to avoid surplusage: A legal provision must not be so construed as to be a useless surplusage.

Statute and its amendments construed together: Changes made by the legislature in the form of amendments to a statute should be given effect together with other parts of the amended act.
Case Digests (A. Statute Construed as Whole)
1. Statute construed as whole/Intent ascertained from statute as whole/Giving effect to statute as a whole

JMM Promotions & Management, Inc. v. NLRC

Should the petitioner’s appeal from a decision of the POEA be dismissed for failure to post the required appeal bond?

Yes. The POEA Rules clearly provide that in addition to the cash and surety bonds and the escrow money, an appeal bond in an amount
equivalent to the monetary award is required to perfect an appeal from a decision of the POEA. There is no redundancy as Section 6
complements Sections 4 and 17. The rule is that a construction that would render a provision inoperative should be avoided; instead,
apparently inconsistent provisions should be reconciled whenever possible as parts of a coordinated and harmonious whole. Every part of a
statute should be given effect because a statute is enacted as an integrated measure and not as a hodgepodge of conflicting provisions.

2. Reconcile conflicting provisions

Republic v. Court of Appeals

Whether in cases involving just compensation claims under R.A. 6657, an appeal from the decision of the PARAD be made to the DARAB first
before a landowner can resort to the RTC

No. While Sec. 50 grants the DAR original and exclusive jurisdiction over all agrarian reform matters, Sec. 57 also provides that Special Agrarian
Courts shall have original and exclusive jurisdiction over all petitions for the determination of just compensation to landowners, and the
prosecution of all criminal offenses under R.A. 6657. To harmonize these two apparently conflicting provisions, Sec. 57 should be construed as
an exception to Sec. 50. This is so because DAR, as an administrative agency, cannot be granted jurisdiction over cases of eminent domain
because the valuation of property in such cases is essentially a judicial function.
B. Statute construed in
relation to Constitution and General Rule/Definition Exception/Limitation/N.B. Illustrative Case

other statutes
Every intendment of the law should lean towards
1. Statute in harmony with Law or phrase should not be so construed as not to collide its validity, and the court should favour that
Constitution with or violate Constitution. construction which gives it the greater chance of
surviving the test of constitutionality.

It is sufficient, in order that they may be

considered in pari materia, that the two or more
statutes relate to the same specific subject
matter.

Every statute must be construed and harmonized

2. Statues in pari materia
with other statutes as to form a uniform system
When they relate to same person or thing, or have same
of jurisprudence.
purpose of object or cover same specific or particular subject People v. Bustinera
matter.
The legislature is presumed to have been aware
of, and have taken into account, prior laws on
the subject of legislation

If two or more laws on the same subject cannot

possibly be reconciled or harmonized, one has to
give way in favour of the other.

Where there are two acts, one of which is special and the The circumstance that the special law is passed
3. General and special Solid Homes, Inc. v.
other general, special must prevail and must be taken as an before or after the general act does not change
statutes Payawal
exception to general act. the principle.

When a statute or provision thereof has been

construed by the court of last resort and the
same is substantially reenacted, the legislature
The courts will follow the construction which the adopted
4. Reenacted statutes statutes previously received
may be regarded as adopting such construction, Montelibano v. Ferrer
and the construction becomes an integral part of
the reenacted statute with the force and effect
of a legislative command
Adoption of contemporaneous construction:: The re-enactment of a statute which has received a practical or contemporaneous construction by those charged with the duty of executing it is a persuasive indication of the
adoption by the legislature being presumed to know the existence of such construction when it made the reenactment.
Reference Statutes:: a statute which refers to the oter statutes and makes them applicable to the subject of legislation.
Supplemental Statutes:: a supplemental act is one intended to supply deficiencies in an existing statute and to add, to complete, or extend the statute without changing or modifying its original state.
Adopted Statues:: it is a statute patterned after, or copied from a statute of a foreign country.
Case Digests (B. Statute construed in relation to
Constitution and other statutes)
1. Statute in harmony with Constitution

2. Statues in pari material

People v. Bustinera

Whether or not the appellant is still criminally liable under Article 310 of the
RPC, in view of R.A. 6539

No. Since the appellant is being accused of the unlawful taking of a Daewoo
sedan, it is the Anti-Carnapping Law and not the provisions of qualified theft
under Article 310 of the RPC which would apply as the said motor vehicle
does not fall within the exceptions mentioned in the Anti-Carnapping Law.
Despite the designation in the information of qualified theft, the defendant
may still be convicted of carnapping. When statutes are in pari materia or
when they relate to the same person or thing, or to the same class of persons
or things, or cover the same specific or particular subject matter, or have the
same purpose or object, the rule dictates that they should be construed
together. Every statute must be so construed and harmonized with other
statutes as to form a uniform system of jurisprudence.

3. General and special statutes

Solid Homes, Inc. v. Payawal

Can the RTC assume jurisdiction in this civil case?

No. P.D. 959, as amended, which confers upon the National Housing
Authority exclusive jurisdiction to hear and decide cases involving unsound
real estate business practices and claims involving refund and any other
claims against land developers prevail over B.P. 129, which grants the
Regional Trial Court general jurisdiction over such cases, even when the
latter was enacted later than the former because B.P. 129 is a general law
and P.D. 957, as amended, is a special law. In case of conflict between a
general law and a special law, the latter must prevail regardless of the dates
of their enactment. The special law is to be considered as remaining an
exception of the general law. Hence, the proceedings of the trial court should
be nullified for lack of jurisdiction.

4. Reenacted statutes

Montelibano v. Ferrer

Whether a criminal complaint directly filed by an offended party in the city

court of Bacolod is valid

No. Considering that the provision in the City Charter of Manila had been
consistently construed to mean that criminal complaints filed by offended
parties directly with the courts without the intervention of the City Fiscal of
Manila cannot be legally done, before being incorporated in the Bacolod
Charter, the conclusion is inevitable that the framers of the latter had
reproduced the former with the intent of adopting also its settled
interpretation by the judicial department. In the interpretation of a
reenacted statute, the courts will follow the construction which the adopted
statute previously received. Thus, the criminal complaint filed directly by the
offended party is invalid and should be dismissed.
 Chapter 7 Strict v. Liberal Statutes
Strict or Liberal Construction STRICT LIBERAL
1. Penal in nature Social legislation
General Rule: 2. Authorizing expropriations Election laws
Whether a statute is to be given a strict or liberal 3. Grant of privileges Veteran and pension laws
construction will depend upon the nature of the statute, the 4. Grounds for removal of Amnesty proclamations
purpose to be subserved and the mischief to be remedied, officials
and a strict or liberal interpretation will be given a statute 5. Naturalization laws Adoption laws
that will best accomplish the end desired and effectuate 6. Imposing taxes and duties Rules of Court
legislative intent 7. Granting tax exemptions
8. Authorizing suits against
Strict Construction the government

According to:
Illustrative Cases on Statutes Strictly Construed
1.Letter of Statute Verba Legis
2. Recognize nothing not expressed No Implications STATUTE RATIONALE CASE
Penal in Law is tender in Laurel v. Abrogar - only those
3. Takes the language used in its Literal Meaning
nature favour of rights of movable properties which can
exact meaning individual be taken and carried from the
4. Admits no equitable Construction Dura Lex Sed Lex place they are found are
proper subjects of theft
Authorizing Exercise of City of Manila v. Chinese
expropriations eminent domain is Community of Manila - the
Liberal Construction
derogation of authority to expropriate must
private rights be strictly construed
Equitable construction as will: Granting Those who invoke Butuan Sawmill, Inc. v.
privileges special privilege Bayview Theater, Inc. - in the
1. Enlarge the letter of Spirit of the Law granted by law matter of privileges granted to
must comply with conditions, maxim dura lex sed
statute
its provisions lex may properly be applied
2. To accomplish its Necessary Implication Statutory Removal is drastic Ochate v. Deling - considering
intended purpose grounds for and penal in that the charges filed do not
3. Carry out its intent or Legislative Intent removal of nature constitute misconduct or
promote justice officials maladministration of office,
the Governor may not proceed
further against Mayor Ochate,
as well as from enforcing his
Factors to determine whether Strict or Liberal Construction suspension order
Naturalization Right of alien to Cu v. Republic - burden is on
a) Social legislation – labor laws, veteran & laws become citizen is the applicant to prove by
pension laws statutory rather satisfactory evidence that he
than natural one has all the qualifications and
Nature of b) Statute granting tax exemption – forgone
none of the disqualifications
Statute government revenues specified by law
c) Penal law – favors the accused or protects Imposing Taxation is Mactan Cebu International
the State taxes and destructive and Airport Authority v. Marcos -
a) Grant full autonomy to LGUs – customs interferes with tax statutes must be construed
constitutional mandate duties property rights strictly against the government
Purpose to be b) Generate revenue – taxes are lifeblood of and liberally in favor of the
Subserved the State taxpayer
c) Encourage foreign investments – Granting tax Taxes are PLDT v. Province of Laguna -
exemptions lifeblood of the laws granting tax exemptions
economic interest
nation are construed strictissimi juris
a) Not put premium to dilatory maneuvers – against the taxpayer
Mischief to be
promotion of justice, fast resolution of Authorizing Waiver of Mobil Phil. Exploration Inc. v.
Remedied
cases (no delaying tactics) suits against immunity from Customs Arrastre Service -
the suit is derogation although arrastre function may
government of sovereignty be deemed proprietary, it is
necessary incident of
governmental function of BOC,
so that engaging in the same
does not necessarily render it
liable to suit
 Illustrative Cases on Statutes Liberally Construed
STATUTE RATIONALE CASE
General social Implements social Asian Transmission Corp. v. CA
legislation justice and - Art. 4 of the Labor Code
protection to labor provides that all doubts in the
provisions implementation and
interpretation of its provisions,
shall be resolved in favor of
labor
Election laws Designed to Pacanan v. Comelec - statutes
(procedural determine the will providing for election contests
rules) of the electorate are to be liberally construed to
and not to the end that the will of the
frustrate it people in the choice of public
officers may not be defeated
by mere technical objections
Veteran and Expression of Ortiz v. Comelec - pension
pension laws gratitude to those laws should be liberally
who rendered construed in favor of intended
service to the beneficiaries. Liberal approach
country aims to achieve humanitarian
purposes of the law in order
that efficiency, security, and
well-being of government
employees may be enhanced
Amnesty To encourage Tolentino v. Catoy - the
proclamations return to fold of avowed practical objective of
law those who amnesty is to secure pledge of
have veered from loyalty and obedience to the
the law constituted authorities and
encourage resumption of
lawful pursuits and occupation
Adoption To favor the child Duncan v. CFI of Rizal - in
statutes to be adopted adoption of children, dura lex
considering his sed lex should be softened so
status or condition as to apply the law with less
severity for adoption is more
for the benefit of unfortunate
children, than for those born
with silver spoon in their
mouths
Rules of Court To secure just, Phil. Rabbit Bus Lines, Inc. v.
speedy and Galauran & Pilares Const. Co. -
inexpensive imperfections of form and
disposition of case technicalities of procedure
should be disregarded, unless
substantial rights would
otherwise be prejudiced
Chapter 8
Mandatory and Directory Statutes
General Rule:
Statutes may be classified either as mandatory or directory.
The classification is important in resolving the question of
what effect should be given to the mandate of a statute. Will
an act done in violation of a statute render it void? Will the
non-performance of what a statute prescribes make the
proceedings to which it relates invalid? Will the person
violating the statute be held liable therefore? The Answers to
these and similar questions depend on whether the statute is
considered mandatory or merely directory.
Mandatory v. Directory
MANDATORY DIRECTORY
Definition POSITIVELY PERMISSIVE
Commands that Merely outlines the act to
something be done or be done in such a way
performed in particular that no injury can result
way from ignoring it; OR
NEGATIVELY DISCRETIONARY
Commands that Its purpose ban be
something be not done, accomplished in a
leaving the person manner other than that
concerned no choice on prescribed and
the matter except to substantially the same
obey result obtained
Rule Acts executed against Non-performance of
provision of mandatory what is prescribed will
laws shall be void not vitiate the
proceedings taken
Exception When law itself Permissive words may be
authorizes their validity given mandatory
significance in order to
effect legislative intent
Language COMMANDS – SHALL,
Used MUST, OUGHT, and
SHOULD
PERMISSIVE – MAY
PROHIBITION –
CANNOT, SHALL NOT,
OUGHT NOT
Test to Determine Whether Mandatory or Directory
MANDATORY DIRECTORY
Terminology SHALL, MUST, OUGHT,
SHOULD, CANNOT, MAY or IT IS LAWFUL
SHALL NOT, OUGHT NOT
Materiality of Provisions which relate
Where compliance is for
Provisions to matters of substance
convenience rather than
or which affects
for substance
substantial rights
Consequences Failure to perform will Failure to perform will
result to injury to not result to injury to
substantial rights of substantial rights of
interested persons interested persons
Penalty Where legislative
No penalty is imposed for
provision is
non-performance of
accompanied by penalty
what is prescribed
for failure to observe it
 Mandatory v. Directory Statutes Prospective v. Retroactive Statutes

MANDATORY DIRECTORY PROSPECTIVE RETROACTIVE

1. Conferring power Prescribing manner of judicial 1. Penal laws Penal laws favourable to the
action accused
2. Granting benefits Requiring rendition of 2. Substantive in nature Procedural laws
decision within prescribed 3. Affecting vested rights Curative statutes
period 4. Affecting obligations of Police power legislations
3. Prescribing time to take contract
action or to appeal 5. Repealing and amendatory Statutes relating to appeals
4. Prescribing qualification acts
for office
5. Prescribing jurisdictional Statutes given Prospective Effect
requirements
6. Concerning public auction KIND RULE ILLUSTRATIVE CASE
7. Grants tax exemptions Penal laws Art. 21, RPC – “No People v. Mejeca – R.A. 8294
8. Authorizing suits against felony shall be which considers use of
the government punishable by any unlicensed firearm in the killing
penalty not of a victim as an aggravating
prescribed by law circumstance, cannot be given
Chapter 9 prior to its retroactive effect because to
commission.” do so would be unfavorable to
Prospective and Retroactive Statutes the accused.
Substantive in Creates, defines, Tirona v. Alejo – where CARL
Ex Post Facto Law and Bill of Attainder nature regulates rights was amended to exempt
concerning life, fishponds from coverage of the
DEFINITION PROVISION liberty or statute, the amendatory law is
One that would make a property, or the substantive in nature. Hence,
Article III, Section 22, powers of in the absence of contrary
previous act criminal
Ex Post Facto 1987 Constitution – No ex agencies or legislative intent, subsequent
although it was not so at
Law post facto law… shall be instrumentalities law should not be given
the time it was
enacted.” for the retroactive effect as to affect
committed
Article III, Section 22, administration of rights of claimant whose
Is a legislative act that public affairs actions are pending at the time
Bill of 1987 Constitution – No…
inflicts punishment exempting law was passed.
Attainder bill of attainder shall be
without benefit of trial Affecting Some rights or People v. Patalin – courts have
enacted.”
vested rights interests in given statutes strict
property that has construction to prevent their
Characteristics of Ex Post Facto Law become fixed or retroactive operation in order
established and is that statutes would not impair
1) Must refer to criminal matters no longer open to vested rights. Accused-
2) Be retroactive in its application doubt or appellants’ right to be
3) To the prejudice of the accused controversy benefited by abolition of death
penalty accrued or attached by
virtue of Art. 22, RPC. This
Prospective v. Retrospective benefit cannot be taken away
from them.
PROSPECTIVE RETROSPECTIVE Affecting Any law which People v. Zeta – the statute
Creates: obligations of enlarges, abridges prohibiting the collection of
1) new obligation, contract or in any manner attorney’s fees cannot be
Operates:
imposes new duty or changes the applied retroactively so as to
1) upon facts or
attaches new intention of the adversely affect the contract
Definition transactions
disability parties necessarily for professional services and
2) that occur after
2) in respect to impairs that the fees themselves.
statute takes effect
transaction already contract itself
past Repealing and Creates, defines, Buyco v. PNB – R.A. 897
Article 4, New Civil Code There must be: amendatory regulates rights entitled Buyco to pay his
– “Laws shall have no 1) statutory provision acts concerning life, indebtedness to PNB in the
General Rule retroactive effect, unless for retroactivity or liberty or form of backpay certificate.
the contrary is 2) clear implication of property, or the Subsequently, R.A. 1567 was
provided.” law to that effect powers of enacted amending the charter
Constitution does not agencies or of the bank and providing that
prohibit enactment of instrumentalities the bank shall have no
Law is a rule:
retroactive statutes for the authority to accept backpay
1) established to guide
which do not: administration of certificate in payment of
Rationale actions
1) impair obligations of public affairs indebtedness to the bank. SC
2) with no binding
contract, held that Buyco acquired a
effect until is enacted
2) divest vested rights, vested right to have his
or ex post facto laws certificate applied in payment
of his obligation to the bank.
 Statutes given Retrospective Effect
KIND RULE ILLUSTRATIVE CASE
Penal laws Art. 22, RPC – Co. CA – Court’s decision in
favorable to “Penal laws shall Que v. People – that check
the accused have a retroactive issued merely to guarantee
effect insofar as performance of obligation is
they favor the nevertheless covered by B.P.
person guilty of a 22 – should not be given
felony, who is not retrospective effect to the
a habitual prejudice of petitioner and
delinquent other persons similarly
situated.
Procedural Refer to rules of Yakult Phil. v. CA – although
laws procedure by the incident in question and
which courts the actions arising therefrom
applying laws of were instituted before the
all kinds can promulgation of the 1985
properly Rules of Criminal Procedure, its
administer justice provisions which are
procedural may apply
retrospectively to the present
case.
Curative Intended to supply Briad Agro-Development v.
statutes defects, abridge Dela Serna – E.O. 111,
superfluities in amending Art. 128(b) of the
existing laws, and Labor Code, is intended to
curb certain evils make the jurisdiction to pass
upon money claims,
concurrent between Labor
Secretary (or Regional
Director) and Labor Arbiter.
Being a curative statute, the
EO has retroactive effect.
Police power Any right acquired Melchor v. Moya – P.D. 20,
legislations under statute or amending R.A. 6359 (Rent
contract may be Control Law), more than
impaired by the justifies reversal of the
State in the decision of Judge Jose L. Moya,
exercise of police now retired, declaring the
power aforesaid Act unconstitutional
on the ground that it is not a
valid police power measure.
The constitutional guaranty of
non-impairment is limited by
the exercise of the police
power of the State, in the
interest of public health,
safety, morals and general
welfare.
Statutes Remedial or Martinez v. People – when
relating to procedural in petitioner filed his motion to
appeals nature and applies litigate as pauper litigant
to pending actions before the appellate court, the
in which no applicable rule was 1964
judgment has yet Revised Rules of Court which
been promulgated provides that: “petition to be
at the time the allowed to appeal as pauper
statute took effect shall not be entertained by the
appellate court.” When the
1997 Rules of Civil Procedure
came into effect, above-
quoted provision was not re-
enacted. We resolve to apply
the present rule on petitioner
retrospectively.
Chapter 10
Amendment, Revision, Codification and Repeal
AMENDMENT
Power to amend
Legislature has the power to amend, subject to
constitutional requirement, any existing law
Supreme court, in the exercise of its rule-making power or
of its power to interpret the law, has no authority to amend
or change the law
How amendment effected
 By addition, deletion, or alteration of a statute which
survives in its amended form.
 By enacting amendatory act modifying or altering
some provisions of the statue either expressly or
impliedly
 Express amendment: done by providing amendatory
act that specific sections or provisions of a statute
are amended;indicated as : “ to read as follows.
Amendment by implication
There is implied amendment where a part of a prior statute
embracing the same subject as the later act may not be
enforced without nullifying the pertinent provision of the
latter in which event, prior act is deemed amended to the
extent of the repugnancy.
When amendment takes effect
After 15 days following the publication in the Official
Gazette or newspaper of general circulation
(Art 2., Civil Code)
How construed
A statute and its amendment should be read together as a
whole meaning, it should be read as if the statue has been
originally enacted in its amended form.
Portions not amended will continue to be in force with the
same meaning they have before amendment.
Meaning of law changed by amendment
General rule:
an amended act would be given a construction different from
that of the law prior to its amendment for it is presumed that
legislatures would not have amended the statue if it did not
intend to change its meaning.
Amendment operates prospectively
General rule:
amendatory act operates prospectively unless the contrary is
provided or the legislative intent to give it a retroactive effect
is necessarily implied from the language used and no vested
rights is impaired.
Note:
However, amendments relating to procedures should be
given retroactive effect.
Effect of amendment in vested rights
Rule:
after the statute is amended, the original act continues to be
in force with regard to all rights that had accrued prior to the
amendment or to obligations that were contracted under the
prior act.
Effect of amendment on jurisdiction
Rule:
a subsequent statute amending a prior act with the effect of
divesting the court of jurisdiction may not be construed to
operate to oust jurisdiction that has already attached under
the prior law.
Effect of nullity of prior or amendatory act
An invalid or unconstitutional law does not in legal
contemplation exist.
Where a statute amended in invalid, nothing in effect has
been amended. The amended act shall be considered the
original or independent act.
When the amended act is declared unconstitutional, the
original statute remains unaffected and in force.
REVISION AND CODIFICATION
Generally:
Restating the existing laws into one statute in order to
simplify complicated provisions.
Construction to harmonize different provisions
The different provisions of a revised statute or code should
be read and construed together.
Where there is irreconcilable conflict: that which is best in
accord with the general plan or, in the absence of
circumstances upon which to base a choice, that which is
later in physical position, being the latest expression of
legislative will, will prevail.
What is omitted is deemed repealed
When both intent and scope clearly evince the idea of a
repeal, then all parts and provisions of the prior act that are
omitted from the revised act are deemed repealed.
Change in phraseology
Rule:
Neither an alteration in phraseology nor omission or addition
of words in the later statute shall be held necessarily to alter
the construction of the former acts.
Continuation of existing law
Rule:
the rearrangement of section or parts of a statute, or the
placing of portions of what formerly was a single section in
separate section, does not operate to change the operation,
effect and meaning of the statute, unless changes are of such
nature as to manifest the cleat intent to change the former
laws.
REPEAL
Power to repeal
Legislature has plenary power to repeal, Supreme court,
while it has the power to promulgate rule of procedure, it
cannot in the exercise of such power alter, change or repeal
substantive laws.
Repeal: total or partial, express or implied
Total rendered revoked completely
Partial leaves the unaffected portion
of the statue in force
Express there is a declaration in a
statute (repealing clause)
Implied all other repeals
Repeal by implication
Two well-settled categories:
Where the provisions in the two acts on the same
subject matter are irreconcilable, the later act
repeals the earlier one
Later act covers the whole subject of the earlier
one and is clearly intended as substitute.
Irreconcilable inconsistency
Rule:
Repugnancy must be clear and convincing or the later law
nullifies the reason or purpose of the earlier to call for a
repeal. Mere difference in terms will not create repugnance.
Leges posteriors priores contraries abrogant: A later law
repeals an earlier law on the same subject which is repugnant
thereto.
Implied repeal by revision or codification
Rule:
Where a statute is revised or a series of legislative acts on the
same subject are revised and consolidated into one, covering
the entire field of subject matter, all parts and provisions of
the former act or acts that are omitted from the revised act
are deemed repealed.
Repeal by reenactment
Where a statute is re-enactment of the whole subject in
substitution of the previous laws on the matter, the latter
disappears entirely and what is omitted in the re-enacted law
is deemed repealed.
If the re-enactment is complete and comprehensive, is
regarded as the expression of the whole law on the subject,
thereby operates as an implied repeal of the prior law on the
same subject.
Other forms of implied repeal
Affirmative statute - does not impliedly repeal the prior law
unless an intention to effect a repeal is manifest.
Negative statute - repeals all conflicting provisions unless the
contrary intention is disclosed.
Legislative intent to repeal is also shown where it enacts
something in general terms and afterwards passes another
on the same subject ,which though expressed in affirmative
language introduces special conditions or restrictions, the
subsequent statute will usually be considered as repealing by
implication the former regarding the matter covered by the
subsequent act.
Express repeal - enactment of a statute on a subject, whose
purpose or object is diametrically opposed to that of an
earlier law on the same subject, which thereby deprives it of
its reason for being, operates to repeal by implication the
prior law, even though the provisions of both laws are not
inconsistent.
Repealing clause
“All laws or parts thereof which are inconsistent with this act
are hereby repealed or modified accordingly” construed.
It is a clause which predicates the intended repeal upon
condition that a substantial conflict must be found on existing
and prior acts of the same subject matter.
Note:
The failure to add a specific repealing clause particularly
mentioning the statute to be repealed indicates that the
intent was not to repeal any existing law on the matter,
unless an irreconcilable inconsistency and repugnancy exist in
the terms of the new and old laws.
Significance of the repealing clause
The presence of the general repealing clause in a later statute
clearly indicates the legislative intent to repeal all prior
inconsistent laws on the subject matter, whether or not the
prior law is a special law.
Ex proprio vigore
Rule:
the failure to add a specific repealing clause particularly
mentioning the statute to be repealed indicated the intent
was not to repeal any existing law on the matter unless an
irreconcilable inconsistency and repugnancy exist in the
terms of the new and old laws.
Repeal by implication not favored
Presumption is against inconsistency and against implied
repeals for it is presumed that legislatures know existing laws
on the subject and not to have enacted inconsistent or
conflicting statutes.
It is a well settled rule of statutory construction that repeals
of statute by implication are not favored. The presumption is
against inconsistency or repugnancy and accordingly, against
implied repeal.
Leges posteriores priores contraries abrogant
“Later statue repeals prior ones which are repugnant
thereto.”
As between two laws, one passed latter prevails
As between two laws on the same subject matter, which are
irreconcilably inconsistent, that which is passed later prevails
since it is the latest expression of legislative will.
Maxim: Leges posteriors priores contrarias abrogant or later
statute repeals prior ones which are repugnant thereto.
The rule applies even if the later act is made to effect ahead
of the earlier law. Thus it has been held that, as between two
acts, the one passed later and going to effect earlier will
prevail over one passed earlier and going to effect later.
General law
Rule:
General law on a subject does not operate to repeal a prior
special law on the same subject unless clearly appears that
the legislature has intended the later general act to modify
the earlier special law.
Generalia specialibus non derogant : a general law does not
nullify a specific or special law.
Reason: the legislature should make provisions for all
circumstance of the particular case.
When special or general law repeals the other
Rule:
Where a later special law on a particular subject is repugnant
to or inconsistent with a prior general law on the same
subject, a partial repeal of the latter is implied to the extent
of the repugnancy or exception granted upon the general
law.
Legislative intent to repeal must be shown in the act itself,
the explanatory not to the bill before its passage into a law,
the discussion on the floor of the legislature and the history
of the two legislations.
General law cannot be construed to have repealed a special
law by mere implication.
If intention to repeal the special law is clear, the special law
will be considered as an exception to the general law will not
apply. Special law is repealed by implication.
Effects of repeals
1. Statute is rendered inoperative
2. Does not undo the consequences of the operation
of the statute while in force
3. Does not render illegal what under the repealed
act is legal
4. Does not lake legal what under the former law is
illegal
On jurisdiction, generally
General rule:
Where a court or tribunal has already acquired and is
exercising jurisdiction over a controversy, its jurisdiction to
proceed to final determination of the cause is not affected by
the new legislation repealing the statute which originally
conferred jurisdiction, unless the repealing statute provides
otherwise, expressly or necessary implication.
On jurisdiction to try criminal case
Jurisdiction of a court to try a criminal case is determined by
the law in force at the time of the action is instituted. A
subsequent statute amending or repealing a prior act under
which the court acquired jurisdiction over the case with the
effect of removing the court’s jurisdiction may not operate to
oust jurisdiction that has already attached, unless the
contrary is provided, express prohibitory words are used, or
the criminal law violated is itself repealed.
On actions, pending or otherwise
General rule:
Repeal of a statute defeats all actions and proceeding,
including those which are still pending, which arose out of or
are based on said statute. The rule applies on cases pending
on appeal.
On vested rights
Rule:
The repeal of the statute does not operate to impair or
otherwise affect rights which have become vested or accrued
while the statute was in force.
On contracts
Rule:
Where a contract is entered into by the parties on the basis
of the law then obtaining, the repeal or amendment of said
law will not affect the terms of the contract, nor impair the
right of the parties thereunder.
Effect of repeal of tax laws
Rule:
The repeal of tax laws does not preclude the collection of
taxes assessed under the old law before its repeal, unless the
repealing statute provides otherwise.
Note:
Prospective construction of statutes is applicable to statutes
which repeal tax laws
Repeal and enactment
Simultaneous repeal and reenactment of a statue does not
affect the rights and liabilities which have accrued under the
original statute since the reenactment neutralizes the repeal
and continues the law in force without interruption.
Effect of repeal of penal laws
Repeal without qualification of penal law deprived the court
of the jurisdiction to punish persons charged with a violation
of the old law prior to its repeal.
Where repeal is absolute, crime no longer exists.
Exception:
1. The repealing act reenacts the statute and
penalizes the same act previously penalized under
the repealed law, the act committed before the
reenactment continues to be a crime.
2. Where the repealing act contains a saving clause
providing that pending actions shall not be affected,
the latter will continue to be prosecuted in
accordance with the old law.
Distinction as to effect of repeal and expiration of law
In absolute repeal, the crime In expiration of penal law by
is obliterated its own force does not have
that effect
Effect of repeal of municipal charter
Superceding of the old charter by a new one has the effect
of abolishing the offices under the old charter.
Repeal or nullity of repealing law
Law first repealed shall not be revived unless expressly
provided
Where a repealing statute is declared unconstitutional, it will
have no effect of repealing the former statute.
 Chapter 11
Constitutional Construction

RULE RATIONALE ILLUST. CASE

In Re: Appointments of
Hon. M.A. Valenzuela and
1. Constitution construed in its entirety (not Reconcile all conflicting provisions to Hon. P.B. Villarta as RTC
piecemeal) give all of them full force and effect Judges

De Castro v. JBC

2. Provisions are self-executing (generally, no If otherwise, legislature can nullify Manila Prince Hotel v.
need for enabling law) mandate of fundamental law GSIS

3. Strict interpretation of prohibitory Purpose of framers is to impose stricter Civil Liberties Union v.
provisions prohibition Executive Secretary

4. Liberal construction of one subject, one title So as not to cripple or impede the
Sumulong v. COMELEC
rule passage of necessary legislation

Finely-embedded principle of statutory

5. Special provisions prevail over general one Bayan v. Zamora
construction

Statute should be interpreted in

6. Suprema lex (being the fundamental law) Paras v. COMELEC
harmony with the Constitution

Constitution is not primarily a lawyer’s

7. Interpret language used in ordinary sense Ordillo v. COMELEC
document