CHAPTER ONE: Statutes ENACTMENT OF STATUTES IN GENERAL Laws, generally • A whole body or system of law • Rule of conduct formulated

and made obligatory by legitimate power of the state • Includes RA, PD, EO (president in the e of legislati!e power", Presidential issuances (ordinance power" #urisprudence, ordinances passed by sanggunians of local go!ernment units$ %tatutes, generally • An act of legislature (Philippine &ommission, Phil$ Legislature, 'atasang Pambansa, &ongress" • PD(s of )arcos during the period of martial law *+,&onstitution • EO of A.uino re!olutionary period /reedom &onstitution  Public 0 affects the public at large • general 0 applies to the whole state and operates throughout the state ali1e upon all people or all of a class$ • %pecial 0 relates to particular person or things of a class or to a particular community, indi!idual or thing$ • Local Law 0 operation is confined to a specific place or locality (e$g municipal ordinance" Pri!ate 0 applies only to a specific person or sub2ect$ Legislati!e power, generally • Power to ma1e, alter and repeal laws • >ested in congress 0 *+;, &onstitution • President 0 *+,- ? /reedom (PD and EO respecti!ely" • %angguniang barangay, bayan, panglungsod, panlalawigan 0 only within respecti!e 2urisdiction 0 ordinances • Administrati!e or e ecuti!e officer • Delegated power • Issue rules and regulations to implement a specific law &ongress legislati!e power • 4he determination of the legislati!e policy and its formulation and promulgation as a defined and binding rule of conduct$ • Legislati!e power 3 plenary e cept only to such limitations as are found in the constitution Procedural re.uirements, generally • Pro!ided in the constitution (for 'ills, RA" • Pro!ided by congress 0 enactment of laws  Rules of both houses of congress (pro!ided also by the &onstitution" Passage of bill • Proposed legislati!e measure introduced by a member of congress for enactment into law • %hall embrace only one sub2ect which shall be e pressed in the title • %inged by authors • /ile with the %ecretary of the @ouse • 'ills may originate from either lower or upper @ouse • E clusi!e to lower house  Appropriation  Re!enue= tariff bills  'ills authoriAing increase of public debt  'ills of local application  Pri!ate bills • After - readings, appro!al of either house (see Art 8 %ec :8 (*"" • %ecretary reports the bill for first reading • /irst reading 0 reading the number and title, referral to the appropriate committee for study and recommendation • &ommittee 0 hold public hearings and submits report and recommendation for calendar for second reading • %econd reading 0 bill is read in full (with amendments proposed by the committee" 0 unless copies are distributed and such reading is dispensed with o 'ill will be sub2ect to debates, motions and amendments o 'ill will be !oted on

Permanent and temporary statutes • Permanent 3 one whose operation is not limited in duration but continues until repealed$ • 4emporary 3 duration is for a limited period of time fi ed in the statute itself or whose life ceases upon the happening of an e!ent$ o E$g$ statute answering to an emergency Other classes of statutes • Prospecti!e or retroacti!e 0 accdg$ to application • Declaratory, curati!e, mandatory, directory, substanti!e, remedial, penal 0 accdg$ to operation • According to form o Affirmati!e o 5egati!e )anner of referring to statutes • Public Acts 0 Phil &ommission and Phil Legislature *+6*3 *+-7 • &ommonwealth Acts 0 *+-83 *+98 • Republic Acts 0 &ongress *+983 *+,:, *+;, < • 'atas Pambansa 0 'atasang Pambansa • Identification of laws 0 serial number and=or title

o A bill appro!ed shall be included in the • •
calendar of bills for -rd reading 4hird reading 0 bill appro!ed on :nd reading will be submitted for final !ote by yeas and nays, 'ill appro!ed on the -rd reading will be transmitted to the BOther @ouseC for concurrence (same process as the first passage" o If the BOther @ouseC appro!es without amendment it is passed to the President o If the BOther @ouseC introduces amendments, and disagreement arises, differences will be settled by the &onference &ommittees of both houses o Report and recommendation of the : &onference &ommittees will ha!e to be appro!ed by both houses in order to be considered pass President o Appro!es and signs o >etoes (within -6 days after receipt" o Inaction If the President !etoes 0 send bac1 to the @ouse where it originated with recommendation o :=- of all members appro!es, it will be sent to the other house for appro!al o :=- of the other house appro!es 0 it shall become a law o If president did not act on the bill with in -6 days after receipt, bill becomes a law %ummary D - ways of how a bill becomes a law$  President signs  inaction of president with in -6 days after receipt  !etoed bill is repassed by congress by :=- !otes of all its members, each house !oting separately$

• • •

Indispensable 'y signing of %pea1er and %enate President

Fnimpeachability of legislati!e 2ournals • #ournal of proceedings • &onclusi!e with respect to other matters that are re.uired by the &onstitution • Disputable with respect to all other matters • 'y reason of public policy, authenticity of laws should rest upon public memorials of the most permanent character • %hould be public Enrolled bill • 'ills passed by congress authenticated by the %pea1er and the %enate President and appro!ed by the President • Importing absolute !erity and is binding on the courts o It carries on its face a solemn assurance that it was passed by the assembly by the legislati!e and e ecuti!e departments$ • &ourts cannot go behind the enrolled act to disco!er what really happened o If only for respect to the legislati!e and e ecuti!e departments • 4hus, if there has been any mista1e in the printing of the bill before it was certified by the officer of the assembly and appro!ed by the &hief E ecuti!e, the remedy is by amendment by enacting a curati!e legislation not by 2udicial decree$ • Enrolled bill and legislati!e 2ournals 3 &onclusi!e upon the courts • If there is discrepancy between enrolled bill and 2ournal, enrolled bill pre!ails$ Githdrawal of authentication, effect of • %pea1er and %enate President may withdraw if there is discrepancy between the te t of the bill as deliberated and the enrolled bill$ • EffectD o 5ullifies the bill as enrolled o Losses absolute !erity o &ourts may consult 2ournals PARTS OF STATUTES 4itle of statute • )andatory law 3 E!ery bill passed by &ongress shall embrace only one sub2ect which shall be e pressed in the title thereof (Art 8, %ec :8 (*" *+;, &onstitution" • : limitations upon legislation o 4o refrain from conglomeration, under one statute, of heterogeneous sub2ects o 4itle of the bill should be couched in a language sufficient to notify the legislators and the public and those concerned of the import of the single sub2ect$

Appropriations and re!enue bills • %ame as procedure for the enactment of ordinary bills • Only difference is that they can only originate from the Lower @ouse but the %enate may propose= concur with the amendments • Limitations of passage (as per &onstitution" Art 8 %ec$ :, (:" o congress may not increase the appropriation recommended by the President EEE o particular appropriation limited o procedure for &ongress is the same to all other department= agencies (procedure for appro!ing appropriations " o special appropriations 0 national treasurer= re!enue proposal o no transfer of appropriations authority to augment o discretionary funds 0 for public purposes o general appropriations bills 0 when re3enacted o President my !eto any particular item=s in an appropriation re!enue, or tariff bill$ Authentication of bills • 'efore passed to the President

Purposes of re.uirement (on * sub2ect" • Principal purposeD to apprise the legislators of the ob2ect, nature, and scope of the pro!ision of the bill and to pre!ent the enactment into law of matters which ha!e not recei!ed the notice, action and study of the legislators$ o 4o prohibit duplicity in legislation • In sum of the purpose o 4o pre!ent hodgepodge= log3rolling legislation o 4o pre!ent surprise or fraud upon the legislature o 4o fairly apprise the people, through publication of the sub2ects of the legislation o Fsed as a guide in ascertaining legislati!e intent when the language of the act does not clearly e press its purposeH may clarify doubt or ambiguity$ @ow re.uirement construed • Liberally construed • If there is doubt, it should be resol!ed against the doubt and in fa!or of the constitutionality of the statute Ghen there is compliance with re.uirement • &omprehensi!e enough 3 Include general ob2ect • If all parts of the law are related, and are germane to the sub2ect matter e pressed in the title • 4itle is !alid where it indicates in broad but clear terms, the nature, scope and conse.uences of the law and its operations • 4itle should not be a catalogue or inde of the bill • Principles apply to titles of amendatory acts$ o Enough if it states Ban act to amend a specific statuteC • 5eed not state the precise nature of the amendatory act$ • F% Legislators ha!e titles ending with the words Band for other purposesC ( F% is not sub2ect to the same &onstitutional restriction as that embodied in the Philippine &onstitution" Ghen re.uirement not applicable • Apply only to bills which may thereafter be enacted into law • Does not apply to laws in force and e isting at the time the *+-7 &onstitution too1 effect$ • 5o application to municipal or city ordinances$ Effect of insufficiency of title • %tatute is null and !oid • Ghere, the sub2ect matter of a statute is not sufficiently e pressed in its title, only so much of the sub2ect matter as is not e pressed therein is !oid, lea!ing the rest in force, unless the in!alid pro!isions are inseparable from the others, in which case the nullity the former !itiates the latter Enacting clause • Gritten immediately after the title

•  • • • • • • • •

%tates the authority by which the act is enacted

I* 3 Phil &ommission 0 B 'y authority of the President of the F%, be it enacted by the F% Philippine &ommissionC I: 3 Philippine Legislature3 B by authority of the F%, be it enacted by the Philippine LegislatureC I- 3 Ghen I: became bicameralD B'e it enacted by the %enate and @ouse of Representati!es of the Philippines in legislature assembled and by authority of the sameC I9 3 &ommonwealth3 B'e it enacted by the 5ational Assembly of the Philippines I7 0 when I9 became bicameralD Bbe it enacted by the %enate and @ouse of Representati!es in congress assembledC 0 same *+983*+,:=*+;,3present$ I8 0 'atasang PambansaD B'e it enacted by the 'atasang Pambansa in session assembledC I, 0 PD B 5OG 4@ERE/ORE, I JJJJJJ President of the Philippines, by the powers !ested in me by the &onstitution do hereby decree as followsC I; 0 EO B5ow, therefore, I, JJJJ hereby orderC

Preamble • Defined 0 prefatory statement or e planation or a finding of facts, reciting the purpose, reason, or occasion for ma1ing the law to which it is prefi edC • /ound after enacting clause and before the body of the law$ • Fsually not used by legislations because content of the preamble is written in the e planatory note$ • 'ut PDs and EOs ha!e preambles$ Pur!iew of statute • that part which tells what the law is about • body of statute should embrace only one sub2ect should only one sub2ect matter, e!en there pro!isions should be allied and germane to the sub2ect and purpose of the bill$ • %tatue is usually di!ided into section$ w=c contains a single proposition$ • Parts o short title o policy section o definition section o administrati!e section o sections prescribing standards of conduct o sections imposing sanctions for !iolation of its pro!isions o transitory pro!ision o separability clause o effecti!ity clause %eparability clause • it states that if any pro!ision of the act is declared in!alid, the remainder shall not be affected thereby$ • It is not controlling and the courts may in!alidate the whole statute where what is left, after the !oid part, is not complete and wor1able • Presumption 0 statute is effecti!e as a whole

its effectD to create in the place of such presumption the opposite of separability$ ISSUANCES, RULES AND • • •

PRESIDENTIAL ORDINANCES

Presidential issuances • are those which the president issues in the e ercise of ordinance power$ • i$e$ EO, AO (administrati!e orders", proclamations, )O (memorandum orders", )& (memorandum circulars", and general or special orders$ • @a!e force and effect of laws$ • EO o acts of the President pro!iding for rules of a general or permanent character in the implementation or e ecution of constitutional= statutory powers$ o do not ha!e the force and effect of laws enacted by congress o different from EO issued by the President in the e of her legislati!e power during the re!olution Presidential decree under the freedom constitution • AO o acts of the President which relate to particular aspects of go!ernmental operations in pursuance of his duties as administrati!e head • Proclamations o acts of the President fi ing a date or declaring a statute or condition of public moment or interest, upon the e istence of which the operation of a specific law or regulation is made to depend • )O o acts of the President on matters of administrati!e details or of subordinate or temporary interest which only concern a particular officer or office of go!ernment • )& o acts of the president on matters relating to internal administration which the President desires to bring to the attention of all or some of the departments, agencies, bureaus, or offices of the go!ernment, for information of compliance • Keneral or %pecific Order o Acts and commands of the President in his capacity as &ommander3in3&hief of the A/P %upreme &ourt circularsH rules and regulations • %ee Art ;, %ec$ 7(7" *+;, &onstitution • %ee Art$ 8, %ec$ -6 *+;, &onstitution • It has been held that a law which pro!ides that a decision of a .uasi32udicial body be appealable directly to the %&, if enacted without the ad!ice and concurrence of the %&, ineffecti!e o Remedy or applicable procedure 0 go to &A • Rules of &ourt 0 product of the rule3ma1ing power of the %&

• •

Power to repeal procedural rules 5o power to promulgate rules substanti!e in nature (unli1e the legislati!e department" %ubstanti!e rules 0 if it affects or ta1es away !ested rightsH right to appeal Procedural rules 0 means of implementing e isting rightH where to file an appeal for transferring the !enue Rules and regulations issued by the administrati!e or e ecuti!e officers in accordance with and authoriAed by law, ha!e the force and effect of law o Re.uisites for !alidity  Rules should be germane to the ob2ects and purposes of the law  Regulations be not in contradiction with, but conform to, the standards that the law prescribes  4he be for the sole purpose of carrying into effect the general pro!isions of the law o Law cannot be restricted or e tended o Law pre!ails o!er regulations, if there are discrepancies Rule3ma1ing power of public administrati!e agency is a delegated legislati!e power 0 if it enlarges or restricts such statute is in!alid Re.uisites for delegating a statute by legislati!e branch to another branch of go!ernment to fill in details, e ecution, enforcement, or administration of lawL$ the law must beD o &omplete in itself o /i a standard which may be e press or implied  E ample of BstandardC 0 simplicity and dignityH public interestH public welfareH interest of law and orderH 2ustice and e.uity and substantial merit of the caseH ade.uate and efficient instruction E ampleD o &hange of Band=orC to BorC 0 in!alid o &hange of BmayC(permissi!e" to BshallC (mandatory" 0 in!alid (Krego ! &O)ELE& pp ::" o o

Administrati!e rule and interpretation distinguished • Rule 0 Bma1esC new law with the force and effect of a !alid lawH binding on the courts e!en if they are not in agreement with the policy stated therein or with its innate wisdom • Interpretation 0 merely ad!isory for it is the courts that finally determine what the law means • Administrati!e construction is not necessarily binding upon the courtsH it may be set aside by 2udicial department (if there is an error of law, or abuse of power or lac1 of 2urisdiction or KAD 0 gra!e abuse of discretion" 'arangay ordinance

uestion • Plea that the function be e ercised at the earliest opportunity • 5ecessity that the constitutional .uorum !oting. otherwise. passage of ordinance • /orwarded to the Ko!ernor who within *7 days from receipt shall o Appro!e o >eto 0 :=. actual.uestions which are concerned with issues dependent upon the wisdom (!$ legality" of a particular act or measure being assailed o Bseparation of powersC o @owe!er. it is deemed !alid &ity ordinance • >ested in %angguniang panglungsod • )a2ority of the . in its discretion. it will be deemed !alid Pro!incial ordinance • %angguniang panlalawigan 0 ma2ority of .uorum !oting.of all members 0 appro!ed o Inaction 0 deemed appro!ed VALIDITY Presumption of constitutionality • E!ery statute is presumed !alid o Lies on how a law is enacted o Due respect to the legislati!e who passed and e ecuti!e who appro!ed o Responsibility of upholding the constitution rests not on the courts alone but on the legislati!e and e ecuti!e branches as well • &ourts cannot in.of all members 0 appro!ed o Inaction 0 deemed appro!ed • If city or component city 0 submit to %angguniang panlalawigan for re!iew which shall ta1e action within -6 days. and !ital contro!ersy • &ontro!ersy is 2usticiable when it refers to matter which is appropriate for court re!iewH pertains to issues which are inherently susceptible of being decided on grounds recogniAed by law • &ourts cannot rule on Bpolitical . trial courts ha!e 2urisdiction to initially decide the issue of constitutionality of a law in appropriate cases Re. it will remand to the %angguniang barangay )unicipal ordinance • Lodged in the %angguniang bayan • )a2ority of the . ordinance is passed • %ubmitted to )ayor within *6 days o Appro!e o >eto 0 :=.%angguniang barangay 0 smallest legislati!e bodyH may pass an ordinance by ma2ority of all its membersH sub2ect to re!iew by %angguniang bayan= panglungsod • %angguniang bayan= panglungsod 0 ta1e action on the ordinance within -6 days from submissionH if there(s inaction. earnest.uestionsC 0 .uorum !oting.uires standing only if he can establish that he has suffered some actual or threatened concrete in2ury as a result of the allegedly illegal conduct of the go!ernment o E$g$ ta payer 0 when it is shown that public funds ha!e been illegally disbursed • )ember of the %enate or of the @ouse has legal standing to .uisites for e ercise of 2udicial power • 4he e istence of an appropriate case • Interest personal and substantial by the party raising the constitutional .uestion the !alidity of the Presidential !eto or a condition imposed on an item in an appropriations bills • %& may.uire into the wisdom or propriety of laws • 4o declare a law unconstitutional. ordinance is appro!ed • Appro!ed ordinance is passed to %angguniang panlalawigan for re!iew o Githin -6 days may in!alidate in whole or in part and its action is finalH if there(s inaction within -6 days.uestion be passed upon in order to decide the case Appropriate case • 'ona fide case 0 one which raises a 2usticiable contro!ersy • #udicial power is limited only to real.ui!ocal • All reasonable doubts should be resol!ed in fa!or of the constitutionality of lawH to doubt is to sustain • • • /inal arbiter of unconstitutionality of law is the %upreme &ourt E5 'A5& (ma2ority who too1 part and !oted thereon" 5onetheless. it is presumed to be consistent with the municipal or city ordinanceH if inconsistency is found. ta1e cogniAance of a suit which does not satisfy the re.uirement of legal standing . ordinance is passed • Ordinance sent to )ayor within *6 days for appro!al or !etoH if there(s mayor(s inaction.of all members. ordinance is presumed appro!edH if !etoed and o!erridden by :=. &onstitution e pands the concept of 2udicial re!iew 0 2udicial power includes the duty of the courts of 2ustice to settle actual contro!ersies in!ol!ing rights which are legally demandable and enforceable and to determine whether or not there has been KAD amounting to lac1 or e cess of 2urisdiction on the branch or the part of any branch= instrumentality of the Ko!ernment %tanding to sue • Legal standing or locus standi 0 personal= substantial interest in the case such that the party has sustained or will sustain direct in2ury as a result of go!ernmental act that is being challenged • BinterestC 0 an interest in issue affected by the decree • &itiAen 0 ac. the repugnancy of the law to the constitution must be clear and une.

re!o1e. )O. or compensations for each other. and not by what it has been done under it$ o If not within the legislati!e power to enact o If !ague 0 unconstitutional in : respects  >iolates due process  Lea!es law enforcers unbridled discretion in carrying out its pro!isions o Ghere there(s a change of circumstances 0 i$e$ emergency laws • Ordinances (test of !alidity are"D o It must not contra!ene the &onstitution or any statute o It must not be unfair or oppressi!e o It must not be partial or discriminatory o It must not prohibit but may regulate trade o It must be general and consistent with public policy o It must not be unreasonable Effects of unconstitutionality • It confers no rights • Imposes no duties • Affords no protection • &reates no office • In general. adherence to the strict procedural standard may be rela ed and the court. and in cases where it in!ol!es the 2urisdiction of the court below Orthodo !iew 0 unconstitutional act is not a lawH decision affect ALL )odern !iew 0 less stringentH the court in passing upon the . inoperati!e as if it had ne!er been passed • : !iewsD In!alidity due to change of conditions • Emergency laws • It is deemed !alid at the time of its enactment as an e ercise of police power • It becomes in!alid only because the change of conditions ma1es its continued operation !iolati!e of the &onstitution. the !alid portion. Proclamations. unless there are special laws pro!iding a different effecti!ity mechanism for particular statutes • %ec *.o E$g$ calling by the President for the deployment of the Philippine )arines to 2oin the P5P in !isibility patrols around the metro o o Ghen to raise constitutionality • at the earliest possible opportunity 0 i$e$ in the pleading • it may be raised in a motion for reconsideration = new trial in the lower courtH or • in criminal cases 0 at any stage of the proceedings or on appeal • in ci!il cases. in its discretion. COMELEC EFFECT AND OPERATION Ghen laws ta1e effect • Art : && 3 B laws to be effecti!e must be published either in the Official KaAette or in a newspaper of general circulation in the countryC o 4he effecti!ity pro!ision refers to all statutes.uestion is necessary to a decision. strong reasons of public policy may demand that its constitutionality be resol!ed 4est of constitutionality • L is what the &onstitution pro!ides in relation to what can or may be done under the statute. AO. rules and regulations ta1e effect • 4he President(s ordinance power includes the authority to issue EO. )& and general or specific orders . may s. as conditions. and accordingly. including those local and pri!ate. while another part is !alid. has become of paramount interest and there is undeniable necessity for a ruling.uestion is of paramount public interest and time is of the essence in the resolution of such . the nullity of one part will !itiate the rest 0 such as in the case of Tatad v Sec of Department of Energy and Antonio v. or annul the statute 5ecessity of deciding constitutionality • where the constitutional .uestion of !alidity. though apparently has become moot. inducements.uestion. where it appears clearly that a determination of the . &hapter 7 'oo1 * of Administrati!e &ode • Effecti!ity of laws o default rule 0 *73day period o must be published either in the OK or newspaper of general circulation in the countryH publication must be full • 4he clause Bunless it is otherwise pro!idedC 0 solely refers to the *73day period and not to the re.uestion of unconstitutionality does not annul or repeal the statute if it finds it in conflict with the &onstitutionH decisions affects parties O5LM and no 2udgment against the statuteH opinion of court may operate as a precedentH it does not repeal.uirement of publication Ghen Presidential issuances. as to warrant a belief that the legislature intended them as a whole. considerations. may stand and be enforced • E ception 0 that when parts of a statute are so mutually dependent and connected.uarely decide the case • where the . the declaration of its nullity should only affect the parties in!ol!ed in the case and its effects applied prospecti!ely Partial in!alidity • Keneral ruleD that where part of a statute is !oid as repugnant to the &onstitution. supersede. if separable from the in!alid.

the information concerning said felony cannot be filed on the ne t wor1ing day. be construed in accordance with the settled principles of interpretation$ .&& • Ghere a statute re. A5D in at least : other conspicuous places in the local go!ernment unit concerned • 4he secretary to the %angguinian concerned shall cause the posting not later than 7 days after appro!alH te t will be disseminated in English or 4agalogH the secretary to the %angguinian concerned shall record such fact in a boo1 1ept for that purpose.666 and with latest annual income of at least 76) Php %tatutes continue in force until repealed • Permanent= indefinite 0 law once established continues until changed by competent legislati!e power$ It is not changed by the change of so!ereignty.uire publication Re. the act can still be done the following day • Principle of Be clude the first. the same shall ta1e effect *6 days from the date a copy is posted in a bulletin board at the entrance of the pro!incial capitol or city.• • • Re.uirement shall be published once in a local newspaper$ In the absence of local newspaper.uires the doing of an act within a specified number of days. in addition to the posting re.certified copies of e!ery rule adopted by it$ Rules in force on the date of effecti!ity of this &ode which are not filed within . *+98 is Oct$ 9. municipality or barangay hall. where that intention rendered doubtfully reason of ambiguity in its language or of the fact that the gi!en case is not e plicitly pro!ided for in the law$ • &onstruction is drawing of warranted conclusions beyond direct e pression of the te t e pressions which are in spirit though not within the te t$ • ine!itably.uires publication o 4hose which are merely interpretati!e in nature or internalH does not re. there enters into the construction of statutes the play of #FDI&IAL #FDK)E54 within the limits of the rele!ant legislati!e materials • it in!ol!es the EEER&I%E O/ &@OI&E 'M 4@E #FDI&IARM &onstruction and interpretation distinguished • 4hey are so ali1e in practical results and so are used interchangeablyH synonymous$ &onstruction 3 process of drawing warranted conclusions not always included in direct e pressions.uirements of filing (*+. the legislature is presumed to 1now the rules of statutory construction. *+9. PO%4I5K shall be made in all municipalities and cities of the pro!ince where the %anggunian of origin is situated • /or highly urbaniAed and independent component cities. in which rule. such as ten days from notice. include the lastC DOE% 5O4 APPLM to the computation of the period of prescription of a crime. in case of doubt. or determining the application of words to facts in litigation Interpretation 3 art of finding the true meaning and sense of any form of words Rules of construction.months from that date shall not thereafter be the basis of any sanction against any party= persons )anner of computing time • %ee Art$ *. generally • Rules of statutory construction are tools used to ascertain legislati!e intent$ • 5O4 rules of law but mere a ioms of e perience • In enacting a statute. Administrati!e &ode"D o E!ery agency shall file with the FP Law &enter . • If last day falls on a %unday or holiday. as the offense has by then already prescribed Ghen local ordinance ta1es effect • Fnless otherwise stated. main features of the ordinance. stating the dates of appro!al and posting • Kist of ordinance with penal sanctions shall be published in a newspaper of general circulation within the respecti!e pro!ince concernedH if 5O newspaper of general circulation in the pro!ince. e cept that of political nature • 4emporary 0 in force only for a limited period.uirement of publication applies e cept if it is merely interpretati!e or internal in nature not concerning the public : typesD o 4hose whose purpose is to enforce or implement e isting law pursuant to a !alid delegation or to fill in the details of a statuteH re. in any newspaper of general circulation o @ighly urbaniAed city 0 minimum population of :66. it means ten calendar days and 5O4 ten wor1ing days • E$g$ * year from Oct$ 9.. is that if the last day in the period of prescription of a felony falls on a %unday or legal holiday. and they terminate upon e piration of the term stated or upon occurrence of certain e!entsH no repealing statute is needed 4erritorial and personal effect of statutes • All people within the 2urisdiction of the Philippines CHAPTER TWO: Constru t!on an" Inter#retat!on NATURE AND PURPOSE &onstruction defined • &onstruction is the art or process of disco!ering and e pounding the meaning and intention of the authors of the law.

by the language usedH to determine the meaning and will of the law ma1ing body and disco!er its true interpretations of law$ Legislati!e intent.6+ %ec$ * 0 BIn absence of a written milling agreements between the ma2ority of the planters and the millers. generally • L is the essence of the law • Intent is the spirit which gi!es life to legislati!e enactment$ It must be enforced when ascertained. means$ • Ghat it comprehendsH • Ghat it co!ers or embracesH • Ghat its limits or confines are$ • Intent and )eaning 0 synonymous • If there is ambiguity in the language used in a statute. its purpose may indicate the meaning of the language and lead to what the legislati!e intent is Kraphical illustration 0 Federation of Free Farmers v CA. place.uired into in construing a statute • BIt is not enough to ascertain the intention of the statuteH it is also necessary to see whether the intention or meaning has been e pressed in such a way as to gi!e it legal effect or !alidityC • 4husD 4he ob2ect of in. by its language.uiry is not only to 1now what the legislature used sufficiently e presses that meaning$ 4he legal act is made up of : elementsD o internal 0 intention o e ternal3 e pression • /ailure of the latter may defeat the former Ghere legislati!e intent is ascertained • 4he primary source of legislati!e intent is the statute itself$ • If the statute as a whole fails to indicate the legislati!e intent because of ambiguity. and the policy which dictated its passage o when all these means fail.6+ %ec$ + 0 B4he proceeds of any increase in participation granted by the planters under this act and abo!e their present share shall be di!ided between the planter and his laborer in the proportion of 86N laborer and 96N planterC • 4o gi!e literal import in interpreting the two section will defeat the purpose of the Act 4he purposeD o &ontinuous production of sugar o 4o grant the laborers a share in the increased participation of planters in the sugar produce 4he legislati!e intent is. during and after the operati!e fact ha!e ta1en their totality so that 2ustice can be rationally and fairly dispensed$ • )oot and academic 0 o Purpose has become stale o 5o practical relief can be granted o Relief has no practical effect . the court may loo1 beyond the statute such asD o Legislati!e history 0 what was in the legislati!e mind at the time the statute was enactedH what the circumstances wereH what e!il was meant to be redressed o Purpose of the statute 0 the reason or cause which induced the enactment of the law. • RA 5o$ . it will be 2udicial legislation POWER TO CONSTRUE &onstruction is a 2udicial function • It is the court that has the final word as to what the law means$ • It construes laws as it decide cases based on fact and the law in!ol!ed • Laws are interpreted in the conte t of a peculiar factual situation of each case • &ircumstances of time. intent. person and particularly attendant circumstances and actions before.uated with the word Bspirit$C • Ghile the terms purpose. and spirit are oftentimes interchangeably used by the courts. not entirely synonymous Legislati!e purpose • A legislati!e purpose is the reason why a particular statute was enacted by legislature$ • Legislation Bis an acti!e instrument and go!ernment which. for the purpose of interpretation means that laws ha!e ends to be achie!edC Legislati!e meaning • Legislati!e meaning is what the law.• • Legislature sometimes adopts rules of statutory construction as part of the pro!isions of the statuteD 3 see e amples page 9+376 Legislature also defines to ascertain the meaning of !ague. the mischief to be suppressed. the unrefined sugar as well as all by3 products shall be di!ided between themC • RA . broad words= terms • • Purpose of ob2ect of construction • 4he purpose is to ascertain and gi!e effect to the intent of the law$ • 4he ob2ect of all 2udicial interpretation of a statute is to determine legislati!e intent. howe!er. loo1 into the effect of the law$  If the -rd means (effect of the law" is first used. meaning. that that the ascertainment of legislati!e intent depend more on a determination of the purpose and ob2ect of the law$ • Intent is sometimes e. either e pressly or impliedly. thus to ma1e the act operati!e irrespecti!e of whether there e ists a milling agreement between central and the sugar planters$ )atters in. e!ent. although it may not be consistent with the strict letter of the statute$ It has been held.

payment of which is hereby declared not to be a diminution of his compensation fi ed by the &onstitution or by lawC • %ource of confusion • >iolati!e of principle on separation of powers • RA 7+6 %ec *.• Keneral rule (on mootness" 0 dismiss the case o E ceptionD  If capable of repetition. modify or annul the 2udicial construction without Land ank v.uence of which is that the pre!ious 2udicial construction of the statute is modified or set aside accordingly$ Ghen court may construe statute • B4he court may construe or interpret a statute under the condition that 4@ERE I% DOF'4 OR A)'IKFI4MC • Ambiguity 0 a condition of admitting : or more meanings$ %usceptible of more than one interpretation$ • Only when the law is ambiguous or doubtful of meaning may the court interpret or construe its intent$ &ourt may not construe where statute is clear • A statute that is clear and unambiguous is not susceptible of interpretations$ • /irst and fundamental duty of court 0 to apply the law • &onstruction 0 !ery last function which the court should e ercise • Law is clear 0 no room for interpretation. the conse. Meer • Art$ .&onstitution 0 Bno salary or any form of emolument of any public officer or employee.0 Bno salary whene!er recei!ed by any public officer of the Republic shall be considered e empt from the income ta . since it !iolated %ec$ :9 RA . by amending or repealing the statute.uires its resolution  Rendering decision on the merits would be of practical !alue modifying or repealing the !ery statute which has been the sub2ect of construction$ It can. or limitation on. !"ET • IssueD whether ballots not signed at the bac1 by the chairman of the 'oard of Election Inspectors ('EI" are spurious. CA • IssueD whether or not the decision of the Ombudsman imposing a penalty of suspension of one year without pay is immediately e ecutory • Administrati!e &ode and LK& 0 not suppletory to Ombudsman Act • 4hese three laws are related or deal with public officers. and it has done so.0 unconstitutional • Art . but are totally different statutes • An administrati!e agency tas1ed to implement a statute may not construe it by e panding its meaning where its pro!isions are clear and unambiguous Legislati!e cannot o!errule 2udicial construction • It cannot preclude the courts from gi!ing the statute different interpretation • Legislati!e 0 enact laws • E ecuti!e3 to e ecute laws • #udicial3 interpretation and application • If the legislature may declare what a law means 0 it will cause confusionLit will be !iolati!e of the fundamental principles of the constitution of separation powers$ • Legislati!e construction is called resolution or declaratory act Endencia v David • E plains why legislati!e cannot o!errule %upreme &ourt(s decision Perfecto v. which shall not be diminished during their continuance in officeC 0 e empt from income ta • Legislati!e passed RA 7+6 %ec$ *. %ec$ + *+-7 &onstitution 0 %&(s interpretationD Bshall recei!e such compensation as may be fi ed by law. shall be e empt from payment of income ta C • 4hus. yet e!ading re!iew  Public interest re. 2udiciary is not e empt from payment of ta anymore Ghen 2udicial interpretation may be set aside • BInterpretations may be set aside$C 4he interpretation of a statute or a constitutional pro!ision by the courts is not so sacrosanct as to be beyond modification or nullification$ • 4he %upreme &ourt itself may. %ec$ + *+-7 0 repealed by Art$ *7 %ec$ 8 *+.*88 . including constitutional officers. Tanodbayan • %ec$ .*83A 0 Bsole police authorityC of EPOA officials may not be construed as an e ception to. the authority of the 4anodbayan to in!estigate complaints for !iolation of the anti3graft law committed by the EPOA officials • EPOA(s power 0 not e clusi!eH BsoleC refers to police authority not emplyed to describe other power Lapid v. PD *. CA • DAR interpreted BdepositsC to include trust accountsC • %& held that BdepositsC is limited only to cash and L'P bonds Libanan v. only room for application • &ourts cannot enlarge or limit the law if it is clear and free from ambiguity (e!en if law is harsh or onerous • A meaning that does not appear nor is intended or reflected in the !ery language of the statute cannot be placed therein by construction Manikan v. in an appropriate case change or o!errule its pre!ious construction$ • 4he rule that the %upreme &ourt has the final word in the interpretation or construction of a stature merely means that the legislature cannot. by law or resolution.

not to enlarge or restrict it but to clearly delineate what the law is$ Peo." and 4upas ! Damaso (*+. 2ustice or e pediency of legislation. re!ise e!en the most arbitrary or unfair action of the legislature.uestion of wisdom. for it(s not within their pro!ince to super!ise legislation and 1eep it within the bounds of common sense$ . &o is ac. • 4he present case. && 0 B#udicial decisions applying or interpreting the laws or the &onstitution shall form part of the legal system of the PhilippinesC • Legis interpretato #egis vim obtinet 0 authoritati!e interpretation of the %& of a statute ac. by !irtue of the principle before its re2ection.• @eldD not spuriousH only renders the 'EI accountable • • • Rulings of %upreme &ourt part of legal system • Art$ .uestions of wisdom • &ourts do not sit to resol!e the merit of conflicting theories • &ourts do not pass upon . since the court(s interpretation merely establishes the contemporaneous legislati!e intent that the statute thus construed intends to effectuate • Stare decisis et non $%ieta novere & when the %& has once laid down a principle of law as applicable to a certain state of facts. it will adhere to that principle and apply it to all future casese where the facts are substantially the same o /or stability and certainty • %upreme &ourt becomes. Ferrer • Ghat acts that may be considered liable under the Anti3%ub!ersion Act Mora#es v. was not gi!en retroacti!e application "oa v. Enri#e • Rights of a person under custodial in!estigation "P v. the enforcement of which may tread on sensiti!e areas of constitutional rights. the criteria that must control the actuations not only of those called upon to abide thereby but also of those duty3bound to enforce obedience thereto$ • %& rulings are binding on inferior courts #udicial rulings ha!e no retroacti!e effect • Le prospicit not respicit 3 the law loo1s forward. howe!er. v. the court may issue guidelines in applying the statute. to the e tent applicable. not bac1ward • RationaleD Retroacti!e application of a law usually di!est rights that ha!e already become !ested or impairs he obligations of contract and hence is unconstitutional$ Peo !$ #abinal • Peo ! )acarandang 0 peace officer e empted from issuance of license of firearms 0 included a secret agent hired by a go!ernor • Peo$ !$ )apa 0 abandoned doctrine of )acarandang in *+8. became of were declared citiAens of the Philippines en'onan v. #abinal was arraigned while the )acarandang Doctrine was still pre!ailing.9" 0 from the date of con!eyance or foreclosure sale 'elisario !$ IA& (*+. v. which con!icted Pue under 'P ::.uires the force of law by becoming a part thereof as of the date of its enactment .uitted in relying on the &ircular issuedH Pue doctrine. nor rewrite the law to conform to what they thin1 should be the law$ • 5either should the courts construe statutes which are perfectly !ague for it !iolates due process o /ailure to accord persons fair notice of the conduct to a!oid o Lea!e law enforcers unbridled discretion in carrying out its pro!isions • : leading stars on 2udicial construction o Kood faith o commonsense • an utterly !ague act on its face cannot be clarified by either a sa!ing clause or by construction &ourts not to be influenced by . Co##ector of C%stoms • Fsed 2us soli (place of birth" • %& fa!ored 2us sanguinis (by blood" • @owe!er." 0 from the period after the e piration of the *3year period of repurchase 4he %& held that the doctrine that should apply is that which was enunciated in )onge and 4upas because the transactions in!ol!ed too1 place prior to 'elisario and not that which was laid down in the latter case which should be applied prospecti!ely &ourt may issue guidelines in construing statute • In construing a statute.uitted using stare decisis doctrine and retroacti!ity doctrine Co. the abandonment of the principle of 2us soli did not di!est the citiAenship of those who. the decision was promulgated when the )apa doctrine was in place • 4he &ourt held that #abinal is ac.. CA • On 'P ::. CA • IssueD when to count the 73year period to repurchase land granted &A *9* )onge ! Angeles (*+7. CA( Mo#ina • Kuidelines for ascertaining psychological incapacity of an erring spouse in a !oid marriage under Art$ -8 /& LIMITATIONS ON POWER TO CONSTRUE &ourts may not enlarge nor restrict statutes • &ourts are not authoriAed to insert into the law what they thin1 should be in it or to supply what they the legislature would ha!e supplied if its intention had been called to the omission$ • 4hey should not by construction.

S%ca#dito • 4he issue is raised whether E ecuti!e order no$ :89 entitled B Outlining the procedure by which complaints charging go!ernment officials and employees with commission of irregularities should be guidedC applies to criminal actions. and a statute couched in a language of doubtful import will be constructed to conform to the legislati!e intent as disclosed in its title$ Resorted as an aid where there is doubt as to the meaning of the law or as to the intention of the legislature in enacting it.uestion is as1ed if the proceeding be reopened originally instituted in court April *:. *+*: or 5o!ember :7. called e)trinsic aids$ 4itle • • • It is used as an aid. *+8* • 4itle of the Law BAn Act to authoriAe the filing in the proper court under certain conditions of certain claims of title to parcels of land that ha!e been declared public land. and not otherwise$ %er!e as a guide to ascertaining legislati!e intent carries more weight in this 2urisdiction because of the constitutional re. by !irtue of 2udicial proceedings instituted w=in the 96 years ne t preceding the appro!al of this act$ • 4he . reason for the enactment of the law$ • Fsually e press in whereas clauses$ • Kenerally omitted in statutes passed byD • Phil$ &ommission • Phil$ Legislature • 5ational Assembly • &ongress of the Phil • 'atasang Pambansa • 4hese legislati!e bodies used the e planatory note to e plain the reasons for the enactment of statutes$ • E tensi!ely used if Presidential decrees issued by the President in the e ercise of his legislati!e power$ • Ghen the meaning of a statute is clear and unambiguous. and those e traneous facts and circumstances outside the printed page. the words and for other purposes( when found in the title ha!e been held to be without force or effect whatsoe!er and ha!e been altogether discarded in construing the Act$ • • Ebar#e v. which sub2ect shall be e pressed in the title of the bill. much less pre!ail o!er its te t$ • ag%io v. always indicati!e of legislati!e intent$ 5o bill shall embrace more than one sub2ect. to the end that no preliminary in!estigation thereof can be underta1en or information file in court unless there is pre!ious compliance with the e ecuti!e order$ • EO only applies to administrati!e and not to criminal complaints$ • 4he !ery title spea1s of commission of irregularities$ Ghen resort to title not authoriAed • 4he te t of the statute is clear and free from doubt.uestion raised is when to count the 96 yr period to file a petition for reopening of cadastral proceedings (to settle and ad2udicate the titles to the !arious lots embraced in the sur!ey" as authoriAed by RA +-* co!ering the lands that ha!e been or about to be declared land of public domain.9 in detail was intended to apply to public lands only for the title of the act. by !irtue of the appro!al of this act$C • 4here was an apparent inconsistency between the title and body of the law$ • It ruled that the starting date to count the period is the date the final decision was rendered$ .uirement that Be!ery bill shall embrace only one sub2ect who shall be e pressed in the title thereof$ 4he constitutional in2unction ma1es the title an indispensable part of a statute$ • • • • It recites that it authoriAes court proceedings of claims to parcels of land declared public by !irtue of 2udicial decisions rendered within forty years ne t preceding the appro!al of this act$ 4hat title written in capital letters by &ongress itselfH such 1ind of title then is not to be classed with words or titles used by compilers of statues because it is the legislature spea1ing$ Gords by !irtue of 2udicial decisions rendered in the title of the law stand in e. the court is warranted in a!ailing itself of all illegitimate aids to construction in order that it can ascertain the true intent of the statute$ • 4he aids to construction are those found in the printed page of the statute itselfH 1now as the intrinsic aids. *+::. but not to create doubt$ Preamble • It is a part of the statute written immediately after its title. in case of doubt in its language to its construction and to ascertaining legislati!e will$ If the meaning of the statute is obscure. courts may resort to the title to clear the obscurity$ 4he title may indicate the legislati!e intent to e tend or restrict the scope of law.• 4he court merely interpret regardless of whether or not they wise or salutary$ • CHAPTER THREE: A!"s to Constru t!on IN GENERAL Kenerally • Ghere the meaning of a statue is ambiguous. the counted date form which the decision therein rendered became final$ Petition was filed on #uly :7. it is improper to resort to its title to ma1e it obscure$ • 4he title may be resorted to in order to remo!e. the preamble can neither e pand nor restrict its operation..ual importance to the phrase in %ections * thereof by !irtue of 2udicial proceedings instituted$ 4he court ruled that e amining Act no$ :. which states the purpose. Marcos • 4he .

to open the minds of the lawma1ers as to the purpose is achie!ed. more particularly to illegal constructions$ &onte t of whole te t • 4o ascertain legislati!e intent is the statute itself ta1en as a whole and in relation to one another considering the whole conte t of the statute and not from an isolated part of the pro!ision$ • 4he meaning dictated by the conte t pre!ails$ • E!ery section.uire the moti!ation mentioned in the preamble as in indispensable element of the crime$ • 4he se!erity of the penalty for the !iolation of the decree suggests that it is a serious offense. chaos or public disorder as a necessary element of the crime$ • 4he mere carrying of such weapon outside one(s residence is sufficient to constitute a !iolation of the law • Pursuant to the preamble which spelled out the e!ents that led to the enactment of the decree the clear intent and spirit of the decree is to re. insurrection. among others.uatting problem which according to its preamble is still a ma2or problem in urban communities all o!er the country and because many persons and entities found to ha!e been unlawfully occupying public and pri!ate lands belong to the affluent class$ • 4he court said that crime may only be committed in urban communities and not in agricultural and pastural lands because the preamble of the decree shows that it . by the pro!isions of the legislature$ )ay decide the proper construction to be gi!en to the statute$ )ay restrict to what otherwise appears to be a broad scope of law$ It may e press the legislati!e intent to ma1e the law apply retroacti!ely in which case the law has to be gi!en retroacti!e effect$ was intended to apply for s. intimidation or threat. but the semi 0 colon ma1es the di!ision a little more pronounce$ 'oth are not used to introduce a new idea$ • Punctuation mar1s are aids of low degree and can ne!er control against the intelligible meaning of written words$ • An ambiguity of a statute which may be partially or wholly sol!ed by a punctuation mar1 may be considered in the construction of a statute$ • 4he .arcia • Bif the charge against such subordinate or employee in!ol!es dishonesty.• • • • • 5or can be used as basis for gi!ing a statute a meaning$ Ghen the statute is ambiguous.: Bany person who. or clause of the statute must be e pounded by reference to each other in order to arri!e at the effect contemplated by the legislature$ Punctuation mar1s • %emi3 colon 0 used to indicate a separation in the relation of the thought. Ec*ave' • IssueD whether a person who s. criminality. or gra!e misconduct or neglect in the performance of his dutyC • BdishonestyC and BoppressionC 0 need not be committed in the course of the performance of duty by the person charges Peo. commercial or any other purposes$ • 4he decree was promulgated to sol!e the s. oppression. blunt or pointed weapon not used as a necessary tool or implement for li!elihood. with imprisonment ranging from fi!e to ten years$ • Puestion rose whether the carrying of such weapon should be in relation to sub!ersion. v. or ta1ing ad!antage of the absence or tolerance of the land owner.. the preamble can be resorted to clarify the ambiguity$ Preamble is the 1ey of the statute. P%risima • A person was charged w= !iolation of PD + which penaliAes. what follows must ha!e a relation to the same matter it precedes it$ • &omma and semi3 colon are use for the same purpose to di!ide sentences. the carrying outside of one(s residence any bladed. succeeds in occupying or possessing the property of the latter against his will for residential. which may only be 2ustified by associating the carrying out of such bladed of blunt weapon with any of the purposes stated in its preamble$ Peo v. lawless !iolence.ualifying effect of a word or phrase may be confined to its last antecedent if the latter is separated by a comma from the other antecedents$ • An argument based on punctuation is not persuasi!e$ Illustrati!e e amples F#orentino v. with the use of force. the mischief to be remedied. .uatted on a pastoral land could be held criminally liable for the !iolation of PD .ualifies both non3payment of indemnity and non3 payment of fine &apitaliAation of letters • An aid of low degree in the construction of statute$ Illustration of rule Peop#e v. rebellion. and the ob2ect to be accomplished. P+ • Bwho may be willing to accept the same for such settlementC 0 this implies discretion • %& heldD only the last antecedent 0 Bany citiAen of the Philippines or any association or corporation organiAed under the laws of the PhilippinesC • pursuant to which bac1pay certificate3holders can compel go!ernment3owned ban1s to accept said certificates for payment of their obligations subsisting at the time of the amendatory act was appro!ed +era v. S%bido • %ubsidiary imprisonment in case of insol!ency .uatting in urban lands. pro!ision.

policy will be defeated Ca-i%at v. Mat*ay • policy 0 against double pensions for the same ser!ices . Francis • Policy of the law 0 to conser!e the land of the homesteader • not be sub2ect to encumbrance= alienation from the date of the appro!al of the application and for a term of 7 years from and after the date of the issuance of the patent or grant o from the ORDER for the issuance of patent o if literal interpretation is to be used. and common sense. doubts as to the proper and correct construction of a statute will be resol!ed in fa!or of that construction which is in accord with the presumption on the matter$ o &onstitutionality of a statute o &ompleteness o Prospecti!e operation o Right and 2ustice o Effecti!e. a construction that will promote public policy$ Tinio v. nullify the statute or ma1e any of its pro!isions nugatory$ Presumptions • 'ased on logic. unless otherwise pro!ided$ Intent or spirit of law • • • • It is the law itself$ &ontrolling factor. there is neither necessity nor propriety to resort to the headings or epigraphs of a section for interpretation of the te t. especially when they are mere reference aids indicating the general nature of the te t that follows$ Lingual te t • Rule is that. result in absurdity.@eadnotes or epigraphs • %econdary aids • 4hey are prefi ed to sections. leading star and guiding light in the application and interpretation of a statute$ A statute must be according to its spirit or intent$ 4he courts cannot assume an intent in no way e pressed and then construe the statute to accomplish the supposed intentionH otherwise they would pass beyond the bounds of 2udicial power to usurp legislati!e power$ • • a law which grants retirable employees certain gratuity Bin addition to other benefits which they are entitled under e isting lawsC &A55O4 be construed as to authoriAe the grant of double gratuity Bother benefitsC may be o Refund of contributions o Payment of the money !alue of accumulated !acation and sic1 lea!es Purpose of law or mischief to be suppressed • Intended to be remo!ed or suppressed and the causes which induced the enactment of the law are important factors to be considered in this construction$ o Purpose or ob2ect of the law o )ischief intended to be remo!ed o &auses which induced the enactment of the law • )ust be read in such a way as to gi!e effect to the purpose pro2ected in the statute$ • 4he purpose of the general rule is not determinati!e of the proper construction to be gi!en to the e ceptions$ • Purpose of statute is more important than the rules of grammar and logic in ascertaining the meaning Dictionaries • A statute does not define word or phrases used$ • Kenerally define words in their natural plain and ordinary acceptance and significance$ &onse. where a statute is promulgated in English and %panish. or chapters of a statute for ready reference or classification$ • 5ot entitled too much weight. %panish may be consulted to e plain the English te t$ • A statute is officially promulgated in %panish or in English. beneficial and reasonable operation as a whole o Against inconsistency and implied repeal  unnecessary changes in law  impossibility  absurdity  in2ustice and hardship  incon!enience  ineffecti!eness$ Policy of law • %hould be gi!en effect by the 2udiciary$ • One way to accomplish this mandate is to gi!e a statute of doubtful meaning. defeat legislati!e intent or spirit. e perience.uences of !arious constructions • In. or in /ilipino • BIn the interpretation of a law or administrati!e issuance promulgated in all the official languages.uestions as are embraced therein$ • Ghen the te t of a statute is clear and unambiguous. sensible. and in the absence of compelling reasons to the contrary.uired as an additional aid to interpretation$ • A construction of a statute should be re2ected that will cause in2ustice and hardship. preclude accomplishment of legislati!e purpose or ob2ect. unless pro!ided. English shall go!ern but in case of ambiguity. the English te t shall control. and inferences drawn there from are of little !alue and they can ne!er control the plain terms of the enacting clauses. render certain words or phrases a surplusage. for they are not part of the law$ • 4he pro!isions of each article are controlling upon the sub2ect thereof and operate as a general rule for settling such .

compiled or re!ised will show the legislati!e history that will clarify the intent of the law or shed light on the meaning and scope of the codified or re!ised statute$ Peo. meaning or effect are not controlling in the interpretation of the law$ • It is impossible to determine with authority what construction was put upon an act by the members of the legislati!e body that passed the bill$ • 4he opinions e pressed by legislators in the course of debates concerning the application of e isting laws are not also gi!en decisi!e weight. there is no better means of ascertaining the will and intention of the legislature than that which is afforded by the history of the statute$ Ghat constitutes legislati!e history • @istory of a statute refers to all its antecedents from its inception until its enactment into law$ • Its history proper co!ers the period and the steps done from the time the bill is introduced until it is finally passed by the legislature$ • Ghat it includesD o President(s message if the bill is enacted in response thereto. when enacted into law.LEGISLATIVE HISTORY Kenerally • A statute is susceptible of se!eral interpretations or where there is ambiguity in the language. follows his line of thin1ing on the matter$ E planatory note • A short e position of e planation accompanying a proposed legislation by its author or proponent$ • Ghere there is ambiguity in a statute or where a statute is susceptible of more than one interpretation. or the legislators. that meaning which was put to the pro!ision during the legislati!e deliberation or discussion on the bill may be adopted$ • >iews e pressed are as to the bill(s purpose. o >arious amendments it underwent o &ontemporary e!ents at the President(s message to legislature • 4he president shall address the congress at the opening of its regular session or appear before it at any other time$ • Fsually contains proposed legal measures$ • Indicates his thin1ing on the proposed legislation. !iews and deliberations • &ourts may a!ail to themsel!es the actual proceedings of the legislati!e body to assist in determining the construction of a statute of doubtful meaning$ • 4here is doubt to what a pro!ision of a statute means. in !oting for its passageH no indeed as to the intention of the draftsman. courts may resort to the e planatory note to clarify the ambiguity and ascertain the purpose or intent of the statute$ • Fsed to gi!e effect to the purpose or intent as disclosed in its e planatory note$ • A statute affected or changed an e isting law and the e planatory note to the bill which has e!entually enacted into a law states that the purpose is too simply to secure the prompt action on a certain matter by the officer concerned and not to change the e isting lawH the statute should be construed to carry out such purpose$ • It may be used as a basis for gi!ing a statute a meaning that is inconsistent with what is e pressed in the te t of the statute$ Legislati!e debates. for the prior law which ha!e been codified. who is a 2ustice of peace. courts will not in. the &ourt said that Ba re!iew of the history of the Re!ised Election &ode will help 2ustify and clarify the abo!e conclusionC Director of Lands v. v. is that the omission of B2ustice of peaceC re!ealed the intention of the legislature to e clude such from its operation • @eldD contention denied$ In holding that the word B2udgeC includes B2ustice of peaceC. either from the date the decision was rendered or from the date 2udicial proceedings instituted in cadastral cases . Abaya • Ghen to count the *63year period. the latter(s practical application and 2udicial construction. a prior statute. Manantan • IssueD whether or not 2ustice of peace is included • &ontention of )anantan. o 4he e planatory note accompanying the bill o &ommittee reports of legislati!e in!estigations o Public hearings on the sub2ect of the bill o %ponsorship speech o Debates and deliberations concerning the bill o Amendments and changes in phraseology in which it undergoes before final appro!al thereof$ o If the statute is based from a re!ision. re!ised or compiled statutes. so far as it has not been e pressed into the act$ Reports of commissions • &ommissions are usually formed to compile and collate all laws on a particular sub2ect and to prepare the draft of the proposed code$ Prior laws from which statute is based • &ourts are permitted to prior laws on the same sub2ect and to in!estigate the antecedents of the statute in!ol!ed$ • 4his is applicable in the interpretation of codes. especially where the legislator was not a member of the assembly that enacted the said laws$ • Ghen a statute is clear and free from ambiguity.uire into the moti!es which influence the legislature or indi!idual members.

Castro • BActually holdingC < Blastly electedC • 4hus. who has been pre!enti!ely suspended pending in!estigation of the administrati!e charges against him. consider the physical conditions of the country and the circumstances then obtain understanding as to the intent of the legislature or as to the meaning of the statute$ @istory of the times • A court may loo1 to the history of the times. or that some general idea will be e pressed in brief phrases$ Sa#aysay v.uiry$ • Law being a manifestation of social culture and progress must be interpreted ta1ing into consideration the stage of such culture and progress including all the concomitant circumstances$ . and purpose of a law or constitutional pro!ision. CA • IssueD whether a public officer or employee. a !ice mayor acting as mayor is not included in the pro!ision &hange in phraseology by amendments • Intents to change the meaning of the pro!ision$ • A statute has undergone se!eral amendments. the history of the times of which I grew and to which it may be rationally supposed to bear some direct relationship. CTA • Bnational portC (new law" not the same as Bany portC (old law"H otherwise. the e!ils intended to be remedied and the good to be accomplished are proper sub2ects of in. many of the principles of the common law ha!e been imported into this 2urisdiction as a result of the enactment of laws and establishment of institutions similar to those of the F%$ &onditions at time of enactment • In enacting a statute. intent. words do not materially affect the sense will be omitted from the statute as incorporated in the code or re!ised statute.#oria v. is entitled to his salary and other benefits during such pre!enti!e suspension • @eldD &ourt answered in the negati!e because such pro!ision with regard to payment of salaries during suspension was deleted in the new law %enaseda v. e amining the state of things e isting when the statute was enacted$ • A statute should not be construed in a spirit as if it were a protoplasm floating around in space$ • In determining the meaning. the deliberate selection of language differing from that of the earlier act on the sub2ect indicates that a change in meaning of the law was intended and courts should so construe that statute as to reflect such change in meaning$ Commissioner of C%stoms v.• @eldD court resol!ed the issue by referring to 9 older laws which ha!e in common that counting of the period starts from the date of the institution of the 2udicial proceeding and not from the date the 2udgment is rendered • its language is not sufficiently e pressi!e of such construction$ /re. sa!e only insofar as it is founded on sound principles applicable to local conditions and is not in conflict with e isting law. the decision of the courts in such country construing those laws are entitled to great weight in the interpretation of such local statutes$ Limitations of rule • A statute which has been adopted from that of a foreign country should be construed in accordance with the construction gi!en it in the country of origin is not without limitations$ Principles of common law • Qnown as Anglo3American 2urisprudence which is no in force in this country. F#avier • Ombusman and his deputy can only pre!enti!ely suspend respondents in administrati!e cases who are employed in his office. each amendment using different phraseology.uently. for the presumption is that the legislation would not ha!e made the deletion had the intention been not effect a change in its meaning$ • A statute containing a pro!ision prohibiting the doing of a certain thing is amended by deleting such pro!ision$ . and not those who are employees in other department or offices of the go!ernment E ceptions to the rule (of amendment by deletion" • An amendment of the statue indicates a change in meaning from that which the statute originally had applies only when the intention is clear to change the pre!ious meaning of the old law$ • Rules don(t apply when the intent is clear that the amendment is precisely to plainly e press the construction of the act prior to its amendment because Adopted statutes • /oreign statutes are adopted in this country or from local laws are patterned form parts of the legislati!e history of the latter$ • Local statutes are patterned after or copied from those of another country. the legislature is presumed to ha!e ta1en into account the e isting conditions of things at the time of its enactment$ • In the interpretations of a statute. BnationalC will be a surplusage Amendment by deletion • Deletion of certain words or phrases in a statute indicates that the legislature intended to change the meaning of the statute. ne!ertheless.

but in !iew of its history.uestion. its long continuous construction. e perience and informed 2udgment. and to ha!e formed an independent. CA • Reasons for why interpretation of an administrati!e agency is generally accorded great respect o Emergence of multifarious needs of a moderniAing society o Also relates to e perience and growth of specialiAed capabilities by the administrati!e agency o 4hey ha!e the competence. an e ecuti!e or 2udicial construction of a statute$ • 4he legislature cannot limit or restrict the power granted to the courts by the constitution$ Legislati!e appro!al • Legislati!e is presumed to ha!e full 1nowledge of a contemporaneous or practical construction of a statute by an administrati!e or e ecuti!e officer charged with its enforcement$ .uiesced in by all the parties concerned and has e tended o!er a long period of time$ • Optim%s interpres rer%m %s%s & the best interpretation of the law is usage$ CONTEMPORARY CONSTRUCTION Kenerally • Are the constructions placed upon statutes at the time of. e pertness. the uniform construction placed upon it by the e ecuti!e or administrati!e officer charged with its enforcement will be adopted if necessary to resol!e the doubt$ • 4rue e pression of the legislati!e purpose. authorities sustain the principle that the interpretation by those charged with their enforcement is entitled to great weight by the court in the latter(s construction of such rules and regulations$ Reasons why contemporaneous construction is gi!en much weight • It is entitled to great weight because it comes from the particular branch of go!ernment called upon to implement the law thus construed$ • Are presumed to ha!e familiariAed themsel!es with all the considerations pertinent to the meaning and purpose of the law. v. especially where the usage has been ac. and the fact that they fre. legislati!e or 2udicial authorities. and what has been done and accomplished by and under it. /nc.uiescence to. the same must be declared null and !oid$ Erroneous contemporaneous construction does not preclude correction nor create rightsH e ceptions • 4he doctrine of estoppel does not preclude correction of the erroneous construction by the officer himself by his successor or by the court in an appropriate case$ • An erroneous contemporeaneous construction creates no !ested right on the part of those relied upon. conscientious and competent e pert opinion thereon Ghen contemporaneous construction disregarded • Ghen there is no ambiguity in the law$ • If it is clearly erroneous. or after their enactment by the e ecuti!e. especially if the construction is followed for a considerable period of time$ +est#e P*i#ippines.uently are the drafters of the law they interpret P*i#ippine S%gar Centra# v. we are clearly of the &onstruction of rules and regulations • 4his rule3ma1ing power.uired by a statute upon all articles e ported through pri!ately3owned whar!es • @eldD the court reasoned in the affirmati!e by saying Bthe language of the Act could ha!e been made more specific and certain. as well as by those who in!ol!e in the process of legislation are 1nowledgeable of the intent and purpose of the law$ • &ontemporary construction is strongest in law$ E ecuti!e construction.• Law is not a watertight compartment sealed or shut off from the contact with the drama of life which unfolds before our eyes$ opinion that the go!ernment is entitled to ha!e and recei!e the money in .uasi32udicial power$ Geight accorded to contemporaneous construction • Ghere there is doubt as to the proper interpretation of a statute. e!en though the sugar was shipped from a pri!ate wharf Geight accorded to usage and practice • &ommon usage and practice under the statute. or appro!al of. and followed such construction$ Legislati!e interpretation • 4a1e form of an implied ac. Co##ector of C%stoms • IssueD whether the go!ernment can legally collect duties Bas a charge for wharfageC re. generallyH 1inds of • Is the construction placed upon the statute by an e ecuti!e or administrati!e officer$ • 4hree types of interpretation o &onstruction by an e ecuti!e or administrati!e officer directly called to implement the law$ o &onstruction by the secretary of 2ustice in his capacity as the chief legal ad!iser of the go!ernment$ o @anded down in an ad!ersary proceeding in the form of a ruling by an e ecuti!e officer e ercising . or a course of conduct indicating a particular underta1ing of it.

ui!alent to a mandate$ • Reenactment • )ost common act of appro!al$ • 4he re3enactment of a statute. must be categorically stated on an issue e pressly raised by the partiesH it must be a direct ruling. employer is not liable for separation payS o It is a unilateral and !oluntary act by the employer if he wants to gi!e separation pay o 4his is gleaned from the wording B)AMC in the statute o B)AMC denotes that it is directory in nature and generally permissi!e only o Plain3meaning rule is applicable o Ano yun. ipapasara ng go!ernment tapos magbabayad pa ang employer ng separation payRSR Ang daya3dayaS Lugi na nga si employer. not merely an obiter dictum • Obiter dictum 0 opinion e pressed by a court upon some . e!en if it may be harsh or onerous . 'an(ua(e o% statute LITERAL INTERPRETATION Literal meaning or plain3meaning rule • Keneral ruleD if statute is clear. to legislate and not interpret o )aledicta est e position ..uired • Ghen the law is clear.uieta mo!ere 0 one should follow past precedents and should not disturb what has been settled$ • %upreme &ourt has the constitutional duty not only of interpreting and applying the law in accordance with prior doctrines but also of protecting society from the impro!idence and wantonness wrought by needless uphea!als in such interpretations and applications • In order that it will come within the doctrine of stare decisis. or "e#arture %ro&. then the principle of stare decisis does not apply$ • 4he rule of stare decisis is not absolute$ It does not apply when there is a conflict between the precedent and the law$ • 4he duty of the court is to forsa1e and abandon any doctrine or rule found to be in !iolation of law in force • Inferior courts as well as the legislature cannot abandon a precedent enunciated by the %& e cept by way of repeal or amendment of the law itself CHAPTER FOUR: A"$eren e to.• • • 4he legislature may appro!e or ratify such contemporaneous construction$ )ay also be showmen by the legislature appropriating money for the officer designated to perform a tas1 pursuant to interpretation of a statute$ Legislati!e ratification is e. plain and free from ambiguity.uae corrumpit te tum 0 dangerous construction which is against the te t Dura le sed le • Dura le sed le 0 the law may be harsh but it is still the law • Absoluta sentential e positore non indigent 0 when the language of the law is clear. +L"C • Employees were claiming separation pay on the basis of Art$ :. pre!iously gi!en a contemporaneous construction is persuasi!e indication of the adoption by the legislature of the prior construction$ • Re3enactment if accorded greater weight and respect than the contemporaneous construction of the statute before its ratification$ %tare decisis • #udicial interpretation of a statute and is of greater weight than that of an e ecuti!e or administrati!e officer in the construction of other statutes of similar import$ • It is an in!aluable aid in the construction or interpretation of statutes of doubtful meaning$ • %tare decisis et non .uisition by the go!ernment of the employer(s land (Patalon &oconut Estate" for purposes of agrarian reform which forced the employer to cease his operation • IssueD whether or not employer is liable for separation payR • @eldD 5O. no e planation of it is re. it is not susceptible of interpretation$ It must be applied regardless of who may be affected. it must be gi!en its literal meaning and applied without attempted interpretation o >erba legis o Inde animi sermo 0 speech is the inde of intention o Gords employed by the legislature in a statute correctly e press its intent or will o >erba legis non est recedendum 0 from the words of a statute there should be no departure o 4hus. 1i1ita pa si employeeRSR FnfairS &annot beS 5oS 5oS o 4o depart from the meaning e pressed by the words is to alter the statute.uestion of law which is not necessary to the decision of the case before itH not binding as a precedent • 4he principle presupposes that the facts of the precedent and the case to which it is applied are substantially the same$ • Ghere the facts are dissimilar. what is not clearly pro!ided in the law cannot be e tended to those matters outside its scope #udicial legislation 0 an encroachment upon legislati!e prerogati!e to define the wisdom of the law o &ourts must administer the law as they find it without regard to conse.uences +ationa# Federation of Labor v.Labor &ode which states that Bemployer )AM also terminate the employment of an employeeC for reasons therein by ser!ing notice thereof and paying separation pay to affected employees • 4here was compulsory ac.

uam pereat 0 that interpretation as will gi!e the thing efficacy is to be adopted Ghat is within the spirit is within the law • Don(t literally construe the law if it will render it meaningless. otherwise inoperati!e • If no 2udicial certainty can be had as to its meaning. in2ustice or contradiction • 4he spirit of the law controls its letter .-7 is inade. walang e. not by 2udicial decree Ghere the law is clear. COMELEC • In this case. not common law E. remedy may be done through a legislati!e process. concluded that RA 8. appeals to 2ustice and e. Offs*ore S*ipping and Manning Corp • A literal interpretation is to be re2ected if it would be un2ust or lead to absurd results DEPARTURE FROM LITERAL INTERPRETATION %tatute must be capable of interpretation.uity as 2ustification to construe it differently are una!ailing 0 Philippines is go!erned by &I>IL LAG or PO%I4I>E LAG. sed ital e scripta est 0 it is e ceedingly hard but so the law is written A decent regard to the legislati!e will shoud inhibit the court from engaging in 2udicial legislation to change what it thin1s are unrealistic statutes that do not conform with ordinary e perience or practice (respeto nalang sa ating mga mambabatasS Ghate!erRSR @aha 2o1e only" If there is a need to change the law. lead to ambiguity.uity. amend or repeal it.uam durum est.uity • %o it is possible that a statute may be e tended to cases not within the literal meaning of its terms.uidem per.uitas nun.uity ne!er acts in contra!ention of the law • • • • Ratio legis 0 interpretation according to the spirit or reason of the law %pirit or intention of a statute pre!ails o!er the letter A law should accordingly be so construed as to be in accordance with.uences were ne!er intended by a legislati!e measure Literal import must yield to intent • >erba intentioni.uate to implement the power of the people to amend the &onstitution (initiati!e on amendments" for the following reasonsD o Does not suggest an initiati!e on amendments on to the &onstitution because it is silent as to amendments on the &onstitution and the word B&onstitutionC is neither germane nor rele!ant to said section o Does not pro!ide for the contents of a petition for initiati!e on the &onstitution o Does not pro!ide for subtitles for initiati!e on the &onstitution o RA is incomplete and does not pro!ide a sufficient standard • #ustice Puno (anoRSR #ustice 4reeRS" dissentsD o Legislati!e intent is also shown by the deliberations on the bill that became RA 8. the &ourt adopted a literal meaning thus.-7L (there are 9 more reasons 0 see page *-63*-*. the court is not at liberty to supply nor to ma1e one Santiago v.uity e.uityS Pero pag walang law. getsRSR$$$ important toS" Ae.uam contra!enit legis 0 e. debent inser!ire 0 words ought to be more subser!ient to the intent and not the intent to the words (ahhh parang intent is to woman as word is to man 0 so man is subser!ient to womanL logicalS" • Kuide in ascertaining intent 0 conscience and e. that which better ser!es the purpose of the law should pre!ail Sarcos v. so long as they come within its spirit or intent Limitation of rule • &onstrue (intent o!er letter" only if there is ambiguityS &onstruction to accomplish purpose • PFRPO%E or REA%O5 which induced the enactment of the statute 0 1ey to open the brain of the legislature= legislati!e intentS • %tatutes should be construed in the light of the ob2ect to be achie!ed and the e!il or mischief to be suppressed • As between two statutory interpretations. which are not so important" • Interpretation of RA 8. pwedeng mag3e. pag may law.uity is a!ailable only in the absence of law and not its replacement 0 (so. the spirit of the law PresumptionD undesirable conse.-7 was not in 1eeping with the ma im interpretation fienda est ut res magis !aleat . Casti##o • 4his case e plains why legislati!e purpose to determine legislati!e intent • /ran1furter o Legislati!e words are not inert but deri!ed !itality from the ob!ious purposes at which they are aimed o Legislation 0 wor1ing instrument of go!ernment and not merely as a collection of English words • 'en2amin 5atham &ardoAo o Legislation is more than a composition o It is an acti!e instrument of go!ernment which means that laws ha!e ends to be achie!ed • @olmes o Gords are fle ible o 4he general purpose is a more important aid to the meaning than any rule which grammar or formal logic may lay down o &ourts are apt to err by stic1ing too closely to the words of law where those words import a policy that goes beyond them Soriano v.• • • • • • @oc . and not repugnant to. non e contra.

a wholly nationaliAed business under RA **. wala na tong law na Tto$ It has been repealed by the Retail 4rade LiberaliAation Act 0 my thesisS " • @eldD 5oS (1asi duduraan 1a lang ng mga intsi1S #o1e onlyS" the law has to be construed with the Anti3 Dummy Law 0 prohibiting an alien from inter!ening in the management.6+ and PD 8:* • B%ubstitutedC cannot be gi!en literal interpretation Ghen reason of law ceases. and albeit with some modification and change. thus does not punish prereaping or prethreshing of palay on a date other than that pre!iously set without the mutual consent of the landlord and tenant anymore o Leasehold system Commendador v. bottles it and then sells itS @uwatRSR" • It is imperati!e that the law be interpreted in a manner that would sta!e off any attempt at circum!ention of the legislati!e purpose %stamante v.: shall be I5 ADDI4IO5 to the benefits under RA . /nc. De 2i##a • IssueD whether PD -+. which is supposed to be free.6 Retail 4rade Law (btw. operation. !ernande' • IssueD whether or not a &hinese (parang si RA and %erge" may be employed in a non3control position in a retail establishment. use.Illustration of rule 0ing v. cessat et ipsa le 0 when the reason of the law ceases.odines v.666Php (penalty for libel" • %o ano naRSR . performs substantially the same function in substantially the same way to achie!e substantially the same result (ano ba TtoRSR Puro substantiallyR" P#anters Association of So%t*ern +egros. administration or control thereof • Ghen the law says you cannot employ such alien. when lost. you cannot employ an alienS 4he unscrupulous alien may resort to flout the law or defeat its purposeS (maggulang daw mga intsi1L ultimo tubig sa pasig ri!er. v.*7 (Labor &ode" is to gi!e more benefits to wor1ers than was pre!iously gi!en them under the )ercury Drug rule or the *st way 1S v. +L"C • IssueD how to compute for bac1wages to which an illegally dismissed employee would be entitled until his actual reinstatement (ta1e note of this case$$ it(s a labor caseL 1iliti ni Kolangco" • .+ 0 the amount of bac1wages is fi ed without deductions or . CA • Patent Law 0 grants the patentee the e clusi!e right to ma1e. Toribio • 4he prohibition of the slaughter of carabaos for human consumption so long as these animals are fit for agricultural wor1= draft purposes was a Breasonable necessary limitationC on pri!ate ownership • Purpose or ob2ect of the law 0 to protect large cattle against theft and to ma1e easy reco!ery and return of such cattle to their owners. Estanis#ao • IssueD whether the &/I and a municipal court in the capital of a pro!ince ha!e concurrent 2urisdiction o!er the crime of libel • RP& 0 grants 2urisdiction with &/I • #udiciary Act grants 2urisdiction with the municipal court in the capital of a pro!ince in offenses where the penalty is not more than prission correctional or fine not e ceeding 8.ui!alents 0 when a de!ice appropriates a prior in!ention by incorporating its inno!ati!e concept.ualifications but limited to not more than years o -rd 0 amended Art$ :. strayed or stolen • IssueD whether the slaughter of large cattle outside the municipal slaughterhouse without a permit by the municipal treasurer is prohibitedR • @eldD ME%S Outside or inside without permit is prohibited ocobo v.waysD o *st 0 before Labor &ode 0 to be deducted from the amount of bac1wages is the earnings elsewhere during the period of illegal dismissal o :nd 0 Labor &ode Art$ :. the law itself ceases • Ratio legis est anima 0 reason of the law is its soul Peo v. and sell his patented machine. Ponferrada • : apparently conflicting pro!isions should be construed as to realiAe the purpose of the law • 4he purpose of the law is to I5&REA%E the wor1er(s benefits • 'enefits under RA 8+.+ 0 full bac1wages or without deductions from the time the laborer(s compensation was withheld until his actual reinstatement • 4he clear legislati!e intent of the amendment in RA 8. which withdrew the right to peremptorily challenge members of a military tribunal. . A#m%ete • Agricultural 4enancy Act is repealed by the Agricultural Land Reform &ode • Agricultural 4enancy Act 0 punishes prereaping or prethreshing of palay on a date other than that pre!iously set without the mutual consent of the landlord and tenant o %hare tenancy relationship • Agricultural Land Reform &ode 0 abolished share tenancy relationship. article or product • Doctrine of e. law itself ceases • 4he reason which induced the legislature to enact a law is the heart of the law • &essante ratione legis.

and not to defeat. is to rewrite the law and in!ade the domain of the legislature. courts are not bound to apply it in sla!ish disobedience to its language • &ourts should construe a statute to effectuate. CTA • &ourt change the phrase Bcollector of customsC to Bcommissioner of customsC to correct an ob!ious mista1e in law • %ec . /nc. arba • IssueD who is the appointing power to fill a !acancy created by the sanggunian member who did not belong to any political party. in !iolation of the said law. its pro!isionsH nor render compliance with its pro!isions impossible to perform Peo v.of the Anti3Kraft Law 0 suspension unless ac. omissions.uiring and owning lands. )ayor ha!e the e ecuti!e power to appoint in order to fill !acancies in local councils or to suspend local officials 2as$%e' v. and misprintsH otherwise.• had been rendered inoperati!e by PD :697 proclaiming the termination of a state of martial law @eldD ME%S 4he termination of the martial law and the dissolution of military tribunals created thereunder.uestioned after the alien becomes a /ilipino citiAen %upplying legislati!e omission • if it is clearly ascertainable from the &O54EE4S • )ay supply legislati!e omission to ma1e the statute conform to ob!ious intent of the legislature or to pre!ent the act from being absurd • 5oteD differentiate from 2udicial legislation &orrecting clerical errors • As long as the meaning intended is apparent on the face of the whole enactment and no specific pro!ision is abrogated • 4his is not 2udicial legislation Illustration rule "%fino Lope' 3 Sons. 2i##a#%' • IssueD whether or not the suspension order against an electi!e official following an information for !iolation of the Anti3Kraft law filed against him. reinstatedS • @eldD only refers to the current term of the suspended officer (and not to a future un1nown and uncertain new term unless supplemented by a new suspension order . such interpretation as will a!oid incon!enience and absurdity is to be adopted • &ourts test the law by its results 0 if law appears to be arbitrary. the reason for the e istence of PD -+ ceased automatically and the decree itself ceased • 'ecause the President is not a Blocal chief e ecuti!eC but under %ec$ 76 of the Local Ko!ernment &ode. the BPresident. v. P*ipps • BOrdinary &OFR4% of lawC to BOrdinary &OFR%E of lawC Farinas v. statutes may be e tended to co!er cases not within the literal meaning of the terms if their e act and literal import would lead to absurd or mischie!ous results • Interpretation talis in ambiguis simper fienda est ut e!itetur incon!eniens et absurdum 0 where there is ambiguity. the purpose is to preser!e the nation(s lands for future generations of /ilipinos • A sale of land in fa!or of an alien. the statute may no longer apply in such case • 4he law bans aliens from ac. .iap • Ghere the mischief sought to be remedied by a statute has already been remo!ed in a gi!en situation. D%$%e • %urplusageSSS • %ec$ : of Act 5o$ --:8 0 prescription of offenses o Prescription shall begin to run from  4he day of the commission of the !iolation  /rom the time of disco!ery A5D institution of 2udicial proceedings for in!estigation and punishment • 'ut the pre!ailing rule is that prescripti!e period is tolled upon the institution of 2udicial proceedings 0 an act of grace by the %tate • &ourt held that the phrase Binstitution of 2udicial proceedings for its in!estigation and punishmentC may be either disregarded as surplusage or should be deemed preceded by the word BuntilC O#iveros v. applies not only to the current term of office but also to another term if the accused run for reelection and won • %ec *. it is 2udicial legislation in the guise of interpretation &onstruction to a!oid absurdity • ReasonD it is always presumed that the legislature intended e ceptions to its language which would a!oid conse. 0 Bcommissioner of customsC 0 grants the &4A 2urisdiction to re!iew decisions of the &ommissioner of &ustoms • %ec ** 0 Bcollector of customsC 0 refers to the decision of the &ollector of &ustoms that may be appealed to the ta court • B&ommissionerC pre!ails 0 &ommissioner of &ustoms has super!ision and control o!er &ollectors of &ustoms and the decisions of the latter are re!iewable by the &ommissioner of &ustoms Lamp v. Ko!ernor. under the pro!ision of the Local Ko!ernment &ode • Blocal chief e ecuti!eC 0 a misnomer • It should be Bauthorities concernedC Pualification of rule (of correcting clerical errors" • Only those which are clearly clerical errors or ob!ious mista1es. no longer be .uences of this character • 4hus.uitted.

absurdity and contradiction • &ourt ga!e an e ampleL o %o if I borrowed a bolo then I return this to my lender.uae !itio caret 0 that interpretation is to be adopted which is free from e!il or in2ustice Amatan v. I(m penaliAed under the Decree for 73*6 years imprisonmentS (ang labo namanS" 1rs%a v. CA • IssueD whether or not the isolated use. downgrading the offense charge of homicide to attempted homicide to which Fmpad pleaded guilty thereto$ • @elloRSR 5amatay na nga tapos attempted langRSR )ababaliw a1o sayo. whoe!er you areSSS • /iat 2usticia. 5amora • &ontentionD the &ity &ounsel of &aloocan cannot !alidly pass an ordinance appropriating a supplemental budget for the purpose of e propriating a certain parcel of land. A%-ero • Rodrigo Fmpad was charged with homicide • Pursuant to some pro!ision in criminal procedure. as re. a possible abuse of authority or act of oppression. "eyes • Dangerous Drugs Act • RA .uired by %ecs$ 76 and 7: of the LK& • &ourt said this is absurdSSSS &ontention is re2ectedS o Adoption or updating of house rules would necessarily entail wor1L local council(s hands were tied and could not act on any other matter if we hold the absurd contentionS o %o much incon!enienceS %hio S And this could not ha!e been intended by the law &onstruction to a!oid in2ustice • Presumption 0 legislature did not intend to wor1 a hardship or an oppressi!e result. he would ob!iously be no longer entitled to reinstatementH otherwise it will lead to absurdities Peo v. at one instance.uittal. 2a#de' Tan 0e* • %a &onsti Tto ahS La langL hehe (yihee. which the 2udge appro!ed of. absurdity and contradiction will result &onstruction to a!oid danger to public interest Co 0im C*am v. 2udge. constitutes !iolation of &A *9: 0 Anti3alias Law • @eldD 5OS (isang beses lang naman eh$$ hehehe 2o1e langS" o 4he purpose of the Anti3alias Law is to pre!ent confusion and fraud in business transactions o %uch isolated use of a different name is not prohibited by the lawH otherwise. %ergeS" . of a name other than a person(s true name to secure a copy of a document from a go!ernment agency.87+ o E U :66 grams 0 ma penalty is reclusion perpetua o E V :66 grams 0 min penalty is reclusion perpetua • &ourt ruled thatD o E U :66 grams 0 penalty ranging from prision correctional to reclusion temporal  *-93*++grams 0 reclusion temporal  883*-. ruat coelum 0 let the right be done. 2udges ought to in!o1e a solution responsi!e to the !ehement urge of conscience (ahhhL ano daw ulitRSR" Peo v. without first adopting or updating its house rules of procedure within the first +6 days following the election of its members. he entered into a plea bargaining agreement. in2ustice.0 prison mayor  Less than 88 grams 0 prision correcional • %tat&on 0 duty of the court to harmoniAe conflicting pro!isions to gi!e effect to the whole lawH to effectuate the intention of legislature Ma#on'o v. arming one person with a weapon to impose hardship on the other • Ea est accipienda interpretation . though the hea!ens fall (ano dawRSR" • %tated differently. when a pro!ision of the law is silent or ambiguougs. 4% !ai • IssueD when does a crime punishable by arresto menor prescribeR • %tate says *6 years as pro!ided for in Art +6 RP& o Art$ :8 (correctional offenses" 0 ma fine of :66Php 0 correctional penalty 0 prescribes in *6 years (Art$ +6" • &ourt held that this is not rightSSSS It is wrongS o Art$ + (light offenses" 0 not more than :66Php 0 light felonies 0 : months o *Php ma1es a difference of + years and *6 monthsS (huwatRSR" o Arresto mayor (correctional penalty" prescribes in 7 years o Less gra!e 0 prescribe e!en shorter o Also. prescripti!e period cannot be ascertained not until the court decides which of the alternati!e penalties should be imposed 0 imprisonment ba or fine langL yun lang poS Peo v. then in the course or my 2ourney I(m caught. P%risima • It was contended that PD +(-" 0 is a malum prohibitumH thus intent to use such prohibited weapons is immaterial by reason of public policy • &ourt said that use the preamble to construe such act whether penaliAed or not • )oreo!er the court said that legislature did not intend in2ustice.in the e!ent of reelection" for if his term shall ha!e e pired at the time of ac.

impaired • • statute. SP • Kreg 'artelli raped his alleged niece *6 times and detained her in his apartment for 9 days • &ourt ga!e a fa!orable 2udgment of more than *)Php • '%P re2ected the writ of attachment alleging %ec **of the &entral 'an1 &ircular 5o$ +86 (applicable to transient foreigners" • IssueD whether the dollar ban1 deposit in a Philippine ban1 of a foreign tourist can be attached to satisfy the moral damages awarded in fa!or of the latter(s *:3 year3old rape !ictim • '%P did not honor the writ of attachment pursuant to RA89:8 %ec . or insufficient with respect to a . as we need not try to find any o Apply the general rule when such term begin 0 the term of municipal officials shall begin on the *st day of #anuary following their election Redundant words may be re2ected • %elf3e planatory. go!ernment agency or any administrati!e body whatsoe!erC • &ourt held thatD A5O 'ARSR 5a3rape na nga ayaw pang magbayad ng moral damages dahil lang sa isang silly lawRSR (hehe$$ 2o1e lang$$ I(m so bored na ehS" o &ourt applied the principles of right and 2ustice to pre!ail o!er the strict and literal words of the statute o 4he purpose of RA 89:8 to e empt such assets from attachmentD at the time the said law was enacted.• BprocessesC in the proclamation that Ball laws regulations and processesC of the so3called RP during the #apanese occupation of the country Bare null and !oid and without legal effectC )AM 5O4 be construed to embrace #FDI&IAL PRO&E%%E% as this would lead to great incon!enience and public hardship and public interest would be endangered o &riminals freed o >ested right. that sa!es a world of trouble. COMELEC • IssueD whether a pre3proclamation election case has become moot because the proclaimed winner had immediately ta1en his oath pursuant to %ec : RA 9. or where it suggests a meaning that nullifies the statute or renders it without sense. !ice3mayor and councilors of the municipality of %ebaste shall be elected in the ne t general elections for local officials and shall ha!e .ualifiedC begins immediately after their proclamationS • &ourt held that this is wrongS o 4he said phrase is a 2argon and does not warrant the respondent(s reading that the term of office of the first municipal officials of %ebaste begins immediately after their proclamation o 4he Qing in TAlice in Gonderland(D if there is no meaning in it. legislati!e body.6 which pro!ides that the Bfirst mayor. you 1now. garnishment. that one is percei!ed to tip the scales which the court belie!es will best promote the public welfare is its probable operation as a general rule or principle Sa#vacion v.uid sit contras 2us bas. the country(s economy was in a shambles$ 'ut in the present time it is still in shambles$$$ hehe 2o1e langL but in the present time.uid generaliter conceditur 0 e!ery rule is not without an e ception • Inest haec e ception. obscure.uestion before the court will not 2ustify the latter from declining to render 2udgment thereon • In balancing conflicting solutions. this e ception is implied • &ompelling reasons may 2ustify reading an e ception to a rule e!en where the latter does not pro!ide anyH otherwise the rigor of the law would become the highest in2ustice 0 summum 2us. phrase or clause in a statute is de!oid of meaning in relation to the conte t or intent of the Demafi#es v. the country has reco!ered economically$ 5o reason why such assets cannot be attached especially if it would satisfy a 2udgment to award moral damages to a *:3year3old rape !ictimS %urplusage and superfluity disregarded • Ghere a word..uire the impossible • 5emo tenetur ad impossible 0 the law obliges no one to perform an impossibility • Impossibilium nulla obligation est 0 no obligation to do an impossible thing . 0 Bforeign currency deposits shall be e empt from attachment. phrase or clause may be re2ected as surplusage and entirely ignored %urplusagium non noceat 0 surplusage does not !itiate a statute Ftile per inutile non !itiatur 0 nor is the useful !itated by the non3useful &onstruction in fa!or of right and 2ustice • Art$ *6 &&D In case of doubt in the interpretation or application of laws. summa in2uria Law does not re. it is presumed that the law3ma1ing body intended right and 2ustice to pre!ail • Art$ + &&D 4he fact that a statute is silent. si non ali.ue 0 where anything is granted generally. the word. ano buAAAARSR Obscure or missing word or false description may not preclude construction • /alsa demonstration non nocet. or any other order or process of any court.ualifiedC • It was contended that Bshall ha!e . cum de corpore constat 0 false description does not preclude construction nor !itiate the meaning of the statute which is otherwise clear E emption from rigid application of law • Ibi .

• Impossible compliance !ersus %ubstantial compliance (as re. at the time. who has been employed as such for more than : years. published wee1ly • 4hus. 2ust as a singular word may embrace two or more persons or things • Art$ ++8 && 0 (law on succession" such article also applies to a situation where there is only one child because BchildrenC includes BchildC • Election &ode 0 BcandidateC comprehends Bsome candidatesC or Ball candidatesC • On gender 0 the masculine. words in plural include the singular. for when he was suspended and . &ourt held that compliance with the other : re. 2udicial as well as administrati!e. is entitled to early retirement benefits under %ec : RA 88.9-8 • Petitioners were as1ing the respondent to e ercise such power so as to accommodate potential !oters who were not able to register for the upcoming election • &O)ELE& denied the petition alleging the impossibility of late registration to accommodate potential !oters • &ourt ruled that the pro!ision must be gi!en such interpretation that is in accordance with logic. and by necessary implication.uire 2urisdiction o!er the naturaliAation case Akbayan v.• &ourt held that ME%. reasonableness and practicality • Ghere time constraint and the surrounding circumstances ma1e it impossible or the &O)ELE& to conduct special registration of !oters.uirements would be deemed sufficient to ac. Civi# Service Commission • IssueD whether a coterminous employee. there was a legal problem as to his reinstatement. or one whose appointment is co3e istent with the duration of a go!ernment pro2ect. among other things • @owe!er. the inclusion of the latter in the class of go!ernment employees entitled to the benefits of the law necessarily implies that the former should also be entitled to such benefits o Grong application of the ma im Be presio uniusest e clusion alteriusC Remedy implied from a right • Fbi 2us. and from the necessity of ma1ing the statute effecti!e and operati!e o e cludes what is merely plausible. there is a remedy for !iolation thereof • Right 3V Obligation 3V Remedy • 4he fact that the statute is silent as to the remedy does not preclude him from !indicating his right. unless the conte t in which the word is used in the statute indicates otherwise IMPLICATIONS Doctrine of necessary implication • %o3called gaps in the law de!elop as the law is enforced • %tat&on ruleD to fill in the gap is the doctrine of necessary implication • Doctrine states that what is implied in a statute is as much a part thereof as that which is e pressed • E necessitate legis 0 from the necessity of the law • • E!ery statutory grant of power. must gi!e way • Ghere there is Bwrong.uire 2urisdiction o!er naturaliAation case • It was an impossibility to fulfill such re. COMELEC • 4his case is about the statutory grant of stand3by power to the &O)ELE& as pro!ided for in %ec$ :.C (depri!ation or !iolation of a right" there is a remedy • If there(s no right. right or pri!ilege is deemed to include all incidental power. principle does not apply at%ngbaka# v +ationa# Deve#opment Co • Petitioner was suspended and remo!ed from office which pro!ed to be illegal and !iolati!e not only of the Administrati!e &ode but of the &onstitution itself • &ourt ruled that to remedy the e!il and wrong committed. ibi remedium 3 where there is a right. the &O)ELE& cannot be faulted for refusing to do so. right or pri!ilege In eo . there should be reinstatement and payment of bac1wages. or desirable must be consistent with the &onstitution or to e isting laws an implication which is !iolati!e of the law is un2ustified or unwarranted C*%a v. and !ice !ersa$ • A plural word in a statute may thus apply to a singular person or thing. for three times and consecuti!ely. from what the legislature must be presumed to ha!e intended.uire the impossible to be doneH there is no obligation to ho the impossible thing • &O)ELE&(s decision is sustained 5umber and gender of words • Ghen the conte t of a statute so indicates. beneficial. the way must be cleared for its enforcement. for such remedy is implied from such right • Once a right is established. but not the feminine. and technicalities in procedure. common sense. for the law does not re. &hua is entitledS o A coterminous employee is no different from a casual or temporary employee. RA .uired by law" • • • Lim co C*%i v Posadas • Publication in the Official KaAette wee1ly. includes all genders.uirement as the OK was not.uod plus sit. to ac. simper inest et minus 0 greater includes the lesser 5ecessity 0 o includes such inferences as may be logically be drawn from the purpose or ob2ect of the statute.

somebody was appointed to his position IssueD whether remedy is denied petitioner @eldD position was ne!er B!acantC$ %ince there is no !acancy. unless  Garrant issued shall be made upon probable cause determined by the 2udge implies the grant of power to the 2udge to conduct preliminary in!estigations  Power to appro!e a license includes by implication the power to re!o1e it • Power to re!o1e is limited by the authority to grant license. it can grant reliefs incidental thereto. COMELEC • &O)ELE& has appellate 2urisdiction o!er election cases filed with and decided by the R4& in!ol!ing municipal electi!e officials DOE% 5O4 I)PLM the grant of authority upon the &O)ELE& to issue writs of certiorari. Pa#ana • %tatute grants a special court 2urisdiction o!er criminal cases in!ol!ing offenders under *8 at the time of the filing of the action. that it must be a cause pro!ided for by law precludes such implication (unless the appointment was made outside the ci!il ser!ice law • Power to appoint a public officer by the President includes power to remo!e o Pro!ided that such remo!al is made with 2ust cause o E cept is such statute pro!ides that term of office to be at the pleasure of the appointing officer.: Krant of power e cludes greater power • 4he principle that the grant of power includes all incidental powers necessary to ma1e the e ercise thereof effecti!e implies the e clusion of those which are greater than that conferred o Power of super!ision DOE% 5O4 I5&LFDE power to suspend or remo!al o Power to reorganiAe DOE% 5O4 I5&LFDE the authority to depri!e the courts certain 2urisdiction and to transfer it to a . the incumbent(s being made to lea!e the post to gi!e way to the employee(s superior right may be considered as remo!al for cause • Krant of 2urisdiction • &onferred only by the &onstitution or by statute • &annot be conferred by the Rules of &ourt • &annot be implied from the language of a statute. a subse. unless  Power to appropriate money includes power to withdraw une pended money already appropriated  EtcL see page *. the same merely incidental to the principal action • %tatutes conferring 2urisdiction to an administrati!e agency must be liberally construed to enable the agency to discharge its assigned duties in accordance with the legislati!e purpose o E$g$ the power granted the 5@A to hear and decide claims in!ol!ing refund and any other claims filed .• • e!entually dismissed. in the absence of clear legislati!e intent to that effect Pimente# v. e!en if they would otherwise be outside its 2urisdiction o E$g$ forcible entry and detainer is cogniAable in )4&L )4& can order payment of rentals e!en though the amount e ceeds the 2urisdictional amount cogniAable by them. processes and other means essential to ma1e its 2urisdiction effecti!e • Ghere a court has 2urisdiction o!er the main cause of action. prohibition or mandamus concerning said election cases Peo v. include attorney(s fees and other damages Krant of power includes incidental power • Ghere a general power is conferred or duty en2oined. power to appoint carries with it power to remo!e anytime . and are therefore of lesser degree than the power granted o E amples  Power to establish an office includes authority to abolish it. e!ery particular power necessary for the e ercise of one or the performance of the other is also conferred 4he incidental powers are those which are necessarily included in.uent statute defining a youthful offender as one who is o!er + but below :* years of age may not be so construed as to confer by implication upon said special court the authority to try cases in!ol!ing offenders *8 but below :* years of age Ghat may be implied from grant of 2urisdiction • 4he grant of 2urisdiction to try actions carries with it all necessary and incidental powers to employ all writs. the present incumbent cannot be appointed permanently$ 4he incumbent is only holding a temporary position$ )oreo!er.uasi3 2udicial tribunal o Power to regulate business DOE% 5O4 I5&LFDE power to prohibit Ghat is implied should not be against the law • Power to appoint includes power to suspend or remo!e 0 o &onstitutional restriction of &I>IL %ER>I&E E)PLOMEE%. from which it is deri!ed  Power to deport includes the power to arrest undesirable aliens after in!estigation  Power to appoint !ested in the President includes the power to ma1e temporary appointments .*3*.

does not imply that it includes Bgo!ernment Illegality of act implied from prohibition • In pari delicto potior est conditio defendentis 3 where a statute prohibits the doing of an act.uires that parties to an act prohibited by statute be left where they are. Tant%ico • Law e empts retirement benefits of a public officer or employee from attachment. by implication.uid prohibetur e directo. v Domingo • Law e empts retirement benefits of a public officer or employee from attachment.uum 0 what cannot. may reco!er the land sub2ect of such illegal sale arsobia v. this cannot be construed to include ELE&4I>E officials o BemployerC to pay *-th month pay. the prohibition e tends to the board of directors and to each director separately and indi!idually • Ghere the board of directors is prohibited from granting loans to its director.uity • 5ullus coomodum capere potest de in2uria sua propria 0 no man should be allowed to ta1e ad!antage of his own wrong • Public policy re. 6r. to ma1e the statute effecti!e and to accomplish its ob2ect o Party to an illegal contract cannot come to court of law and as1 that his illegal ob2ect be carried out o A citiAen who sold his land to an alien in !iolation of the constitutional restriction cannot annul the same and reco!er the land.• Power to in!estigate officials DOE% 5O4 I5&LFDE the power to delegate the authority to ta1e testimony of witnesses whose appearance may be re. v.uires cannot. no claim against public funds may be allowed o %tatute grants lea!e pri!ileges to APPOI54I>E officials. P+ • Ghere a statute prohibits the payment of the principal obligation during a fi ed period. be done directly cannot be done indirectly Peo v. as such action is doing indirectly what the go!ernment is prohibited from doing directly 4here should be no penalty from compliance with law • A person who complies with what a statute re. by law. C%enco • Another e ception is that when the transa t!on !s not !''e(a' #er se *ut &ere') #ro$!*!te" and the CHAPTER FIVE: Inter#retat!on o% +or"s an" #$rases IN GENERAL Kenerally . the act done in !iolation thereof is by implication null and !oid • Prohibited act cannot ser!e as foundation of a cause of action for relief • E dolo malo non oritur actio 0 no man can be allowed to found a claim upon his own wrongdoing or ine. garnishment etc • Earlier law authoriAes the go!ernment to withhold an amount due such officer or employee to pay his indebtedness to the go!ernment %@OFLD 5O4 'E &O5%4RFED to withhold so much of his retirement benefits as this amount to attachment garnishment etc$ Tant%ico. "oman Cat*o#ic C*%rc* • @omestead Law 0 to gi!e and preser!e in the homesteader and his family a piece of land for his house and culti!ation • 4he law prohibits the alienation of a homestead within 7 years following the issuance of the patent and pro!ides that any contract of a con!eyance in contra!ention thereof shall be null and !oid • 4he seller or his heirs. the interest thereon during the e istence of the restriction is not demandable Cr%' v. a loan to a partnership of which the wife of a director is a partner falls within the prohibition Peop#es ank and Tr%st Co. for both seller and buyer are guilty of ha!ing !iolated the &onstitution 4wo (:" E ceptions to the rule • Pari delicto doctrine will not apply when its enforcement or application will !iolate an a!owed %un"a&enta' #o'! ) or #u*'! !nterest De#os Santos v. be penaliAed thereby • /or Bsimple logic and fairness and reason cannot countenance an e action or a penalty for an act faithfully done in compliance with the lawC  Authority to charge against public funds may not be implied • It is well3settled that unless a statute e pressly so authoriAes. Concepcion • Ghere a corporation is forbidden from doing an act. prohibetur et per obli.uired by the compulsory process of subpoena$ 5or does such power to in!estigate include the power to delegate the authority to administer oath prohibition by law is designed for protection of one party. the court may grant relief in fa!or of the latter Ghat cannot be done directly cannot be done indirectly • Puando ali. garnishment etc • Ko!ernment cannot withhold payment of retirement benefits of a public officer until his accountabilities with the go!ernment shall ha!e been cleared. although in pari delicto.

non3. who comes to the Philippines either to reside 4E)PORARILM or PER)A5E54LM 0 no distinction  definition of terms gi!en weight in construction terms ? phrases. +6*V • Bsugarcane planterC is defined as a planter3owner of sugarcane plantation w=in particular sugar mill district.ian'on7 a#ien< • IssueD whether alien who comes into country as temporary !isitor is an BimmigrantRC Pualification of rule • %tatutory definition of word or term controlling only as used in the ActH • not conclusi!e as to the meaning of same word or term in other statutes • Especially to transactions that too1 place prior to enactment of act$ • %tatutory definition controlling statutory words does not apply whenD o application creates incongruities o destroy its ma2or purposes o becomes illogical as result of change in its factual basis$ Ernest v. whate!er prior 2udicial or e ecuti!e construction should gi!e way to mandate of new law$ Peo. according to good and appro!ed usage and without resulting to forced or subtle construction$ . the word or phrase. %ergeS 'ut more importantly. may be criminally liable for !iolation of medical law$ • @eldD 4hough term Bpractice of medicine. the definition emphasiAes an immigrant. 2envia-e 7 C*iropractic< • IssueD Ghether person who practiced chiropractic without ha!ing been duly licensed. CA 7 RA 9*88 ? EO +66. and most ob!ious signification. where statute remains unchanged. as harmonious. technical.uotas$ • %tatutory definition e cludes emergency. ordinary. commercial or trading meaning )ay be defined in the statute 0 if this is done. other than a non3immigrant$ (so 1elangan part siya nung Bother than a non3 immigrantC$" 3V yep yep. v. . commonly accepted. words and phrases should be gi!en their plain. which is Bany alien departing from any place outside the Philippines destined for the Philippines. who is an alien.uota system abolished • Gith change in situation. definition must be adopted$ • 5o usurpation of court function in interpreting but it merely legislates what should form part of the law itself 2ictorias Mi##ing Co. legal. %ec$ . Socia# Sec%rity Commission 7compensation8 RA **8*.(f"V • 9compensation: to inc#%de a## ren%merations. . coordinated. illogical to continue adhering to pre!ious definition that had lost their legal effect$ Amadora v. this should be used • 4erm or phrase specifically defined in particular law. in *+77. being part ? parcel of whole statute.C chiropractic may in ordinary sense fall within its meaningH statutorily defined 3 includes manipulations employed in chiropracticH thus. they ha!ing no sugar . generic.uota. e)cept bon%ses. thus. ordinary. sees fit to enact necessary amendment$ Gords construed in their ordinary sense • Keneral ruleD In the absence of legislati!e intent.uota$ @owe!er. who has been allocated e port and=or domestic ? reser!e sugar . and common usage meaning$ • %hould be read and considered in their natural. interpreted according to its clear and original mandateH until legislature ta1ing into account changes sub2ected to be regulated. be gi!en a different meaning$ • Legislature restricted meaning as it adopted specific definition.ances 3 overtime pay • Definition was amendedD deleted Be ceptionsC • Legislati!e IntentD the amendment shows legislati!e intent that bonuses ? o!ertime pay now included in employee(s renumeration$ • PrincipleD by !irtue of e press substantial change in phraseology. gi!en effect in their E54IR4M. and integrated unit words ? phrases construed in light of conte t of G@OLE statute$ • • • %tatutory definition • Ghen statute defines words ? phrase3 legislati!e definition controls the meaning of statutory word. use such definition because this is what the legislature intended 4as1D o ascertain intent from statute o ascertain intent from e traneous ? rele!ant circumstance o construe word or phrase to effectuate such intent Keneral rule in interpreting the meaning and scope of a term used in the lawD o Re!iew of the G@OLE law in!ol!ed as well as the I54E5D)E54 of law (not of an isolated part or a particular pro!ision alone" • • @eldD while BimmigrantC in ordinary definition3 Ban alien who comes to the Philippines for permanent residenceCH 4he Immigration Act ma1es own definition of term. non3district and accommodation planters. one who practices chiropractic without license is criminally liable$ C*ang 4%ng Fa v. v. should not by construction. a##o.• • • • A word or phrase used in a statute may ha!e an ordinary. irrespecti!e of any other meaning word ha!e in ordinary usual sense$ • Ghere a statute defines a word or phrase. restricted. CA • @owe!er.

#%mber is a processed log or forest raw material$ 4he &ode uses lumber in ordinary common usage$ In *++. "i##aro'a • B2udgeC without any modifying word or phrase accompanying it is to be construed in generic sense to comprehend all 1inds of 2udgesH inferior courts or 2ustices of %&$ C 3 C Commercia# Corp v. which are actually used in the manufacture or preparation of local products. v CA • • • • • • %tatuteD %ec$ 8.C an artificial or natural person 2argas v. /nc. and future annuity to be paid monthly$ Provided *o. .enera#ia verba s%nt genera#iter inte##igenda A what is generally spo1en shall be generally understoodH general words shall be understood in a general sense$ • .atc*a#ian v.ever." %ec$-$ Lumber 3 same definitions as Bprocessing plantsC Processing plant is any mechanical set3up. gathering ? or collecting timber or other forest products without a license$ Is BlumberC included in BtimberC Re!ersing *st ruling. must be a Bperson in law. COMELEC • BforeignerC3 in Election &ode. on the day the law too1 effect$C • >ocabularyD o lump sum 3 amount of money gi!en in single payment o annuity 3 amount of money paid to somebody yearly or at some other regular inter!al • %hould there be discount from the present !alue of his annuityR • 5O$ Fsed in ordinary sense as said law grants to the retired employee substantial sum for his sustenance considering his age$ Any doubt in this law should be ruled in his fa!or$ Mat%g%ina /ntegrated @ood Prod%cts /nc. prohibiting any foreigner from contributing campaign funds includes 2uridical person • BpersonC3 comprehends pri!ate 2uridical person • BpersonC3 in penal statute.ed$ of Gebster(s International Dictionary. chemically. +A@ASA • Bgo!ernmentC 3 without . lumber is a processed log or timber$ %ec 8. v. that there shall be no discount from annuity for the first 7 yrs$ of those who are 87 yrs or o!er. materially into the local product ? lose its identity$ • )eans that the imported article is needed to accomplish the locally manufactured product for e port$ C/" v.enera#e dict%m genera#iter est interpretand%m A a general statement is understood in a general sense • In case word in statute has both restricted and general meaning. lump sum payment of present !alue of annuity for the first 7 years. plywood etcL p$ *. as these are personal obligations of transferor$ • PrincipleD &onstrue using ordinary meaning ? a!oid absurdity$ M%stang L%mber.67 ma1es no distinction between raw ? processed timber$ Keneral words construed generally • . without intention to obtain profit • 5ot engaged in business$ P*iippine# Association of . #%mber is defined as timber or logs after being prepared for the mar1et$ 4herefore. of PD .S/S 7 9present va#%e:< • %tatuteD Bfor those who are at least 87 yrs of age.overnment "etirees v. PD .Centra# A'%carera Don Pedro v. machine or combination of machine used for processing of logs ? other forest raw materials into #%mber !eneer.ualified" in ta statuteD plain and ordinary meaning to embrace acti!ity or affair where profit is the purpose ? li!elihood is the moti!e$ • In this case. CA • Ghether transferee of a forest concession is liable for obligations arising from transferor(s illegal encroachment into another forest concessionaire. %& says lumber is included in timber$ B4he Re!ised /orestry &ode contains no definition of timber or lumber$ 4imber is included in definition of forestry prod%cts par (.-$ %imply means. KE5ERAL must pre!ailH Fnless nature of the sub2ect matter ? conte t in which it is employed clearly indicates that the limited sense is intended$ •Keneral words should not be gi!en a restricted meaning when no restriction is indicated$ • RationaleD if the legislature intended to limit the meaning of a word. it would ha!e been easy for it to ha!e done so$ Application of rule . Centra# ank • A statute Be empts certain importations from ta and foreign e change. which was committed prior to the transfer • %ec$ 8* of PD .uor at its clubhouse in a limited scale only to its members. Mani#a %siness Lodge =>? • BbusinessC (if un. forming part thereof$C • B/orming part thereofC not to mean that the imported products ha!e to be mi ed mechanically. a fraternal social club selling li.67 Bthe transferee shall assume all the obligations of the transferor$C • &ourt held that the transferee is 5O4 liable and e plainedD BObligationsC construed to mean obligations incurred by transferor in the ordinary course of business$ 5ot those as a result of transgressions of the law.67 3 penaliAes the cutting.ualification should be understood in implied or generic sense including KO&&s$ .

CA • Barticles of prohibited importationC 3 used in 4ariff and &ustoms &ode embrace not only those declared prohibited at time of adoption.eotina v. v. laws for the go!ernment of the importer$ •4he law to be applicable to his class. as well as constitutional bodies ( as distinguished from local go!ernment ? other go!ernmental entities" 2ers%sA< • 94he Ko!ernment of the Republic of the PhilippinesC or BPhilippine Ko!ernmentC 0 including central go!ernments as well as local go!ernment ? KO&&s$ "ep%b#ic F#o%r Mi##s v.uitted.uired a well3defined meaning as an Bordinary suit in a court of 2ustice by which one party prosecutes another for the enforcement or protection of a right or pre!ent redress or wrongL GhileL •%ec : Rule : of Rules of &ourtH B&ommencement of ActionC •%tatuteD B&i!il action may be commenced by filing a complaint with the proper courtC •GordD commencement 3 indicates the origination of entire proceeding • It was appropriate to use proper action (in *st statute" than inter!ention. C/" • 5o ta shall be collected on articles which. M%nicipa# Co%nci# of Manda%e •Bgross !alue of moneyC •)erchantD Bgross selling priceC which is the total amount of money or its e. v. shall ha!e been Bdisposed ofC •LayD parting away w= something •)erchantD to sell (this must be used" San Mig%e# Corp.of Anti3Kraft Law • %tatuteD B if a public officer is ac. should be gi!en such trade or commercial meaning as has been generally understood among merchants$ •Fsed in the followingD tariff laws. which has a technical or well31nown meaning. COMELEC • Bany electionC 3 not only the election pro!ided by law at that time. but also to future elections including election of delegates to &onstitutional &on!ention Gords with commercial or trade meaning •Gords or phrases common among merchants and traders.Centra# ank v.uittedC be entitled to benefits in %ec$ *-R .uire commercial meanings$ •Ghen any of words used in statute.atc*a#ian v.uent laws$ . before its ta1ing effect. sub2ects and businesses within their general pur!iew and scope coming into e istence subse. consisting of e ecuti!e. in absence of legislati!e intent. Commissioner of C%stoms • Bproduct of the PhilippinesC 0 any product produced in the country. ac. Lising • %ec$ *. laws of commerce. e$g$ bran (ipa" ? pollard (dara1" produced from wheat imported into the country are Bproducts of the PhilippinesC Keneric term includes things that arise thereafter • Progressi!e interpretation 3 A word of general signification employed in a statute. to comprehend not only peculiar conditions obtaining at its time of enactment but those that may normally arise after its appro!al as well • Progressi!e interpretation e tends to the application of statute to all sub2ects or conditions within its general purpose or scope that come into e istence subse. "amos •%ec *9 of Rule 7+ of Rules of &ourt which prescribes the steps to be ta1en when property attached is claimed by a person other than the defendant or his agent • %tatuteD Bnothing herein contained shall pre!ent such third person from !indicating his claim to the property by any proper action. a technical sense or those that ha!e been 2udicially construed to ha!e a certain meaning should be interpreted according to the sense in which they ha!e been PRE>IOF%LM used.ui!alent which purchaser pays to the !endor to recei!e the goods$ Gords with technical or legal meaning •Keneral ruleD words that ha!e. it becomes strange$ Ma#anyaon v. v. or ha!e been used in. legislati!e and 2udiciary. CA • B5ational Ko!ernmentC 3 refers only to central go!ernment.C • IssueD Bproper actionC limits the -rd party(s remedy to inter!ene in the action in which the writ of attachment is issued •@eldD BactionC has ac. although the sense may !ary from the strict or literal meaning of the words •PresumptionD language used in a statute. since asserted right of -rd party claimant necessarily flows out of pending suitH if the word Tinter!ention( is used. is used in that sense by the legislature Mani#a !era#d P%b#is*ing Co.uent to their passage$ . he shall be entitled to reinstatement and to his salaries and benefits which he failed to recei!e during the suspensionC • IssueD Gill a public officer whose case has been dismissed not Bac.uent from its passage • RationaleD to 1eep statute from becoming ephemeral (short3li!ed" and transitory (not permanent or lasting"$ • %tatutes framed in general terms apply to new cases and sub2ects that arise$ • Keneral rule in %tat&onD Legislati!e enactments in general comprehensi!e operation. but also goods and articles sub2ect of acti!ities underta1en in subse. should be construed as uni!ersally understood by importer or trader$ Asiatic Petro#e%m Co. apply to persons.

this is applicable where in the statute the words appear so near each other physically. defines #oca# initiative as Bprocess whereby registered !oters of an LKF may directly propose. should not be construed in isolation but must be interpreted in relation to other pro!isions of the law$ • 4his is a >ARIA4IO5 of the rule that. pro!ision.uittal B#ega# meaningC A finding of not guilty based on the merit$ Dismissal does not amount to ac.ualified from probation thoseD Bwho ha!e been pre!iously con!icted by final 2udgment of an offense punished by imprisonment of not less than * month ? a fine of no less than Php :66$C •IssueD Bpre!iously con!ictedC •@eldD it refers to date of con!iction.ualified$ Gord or phrase construed in relation to other pro!isions • Keneral ruleD word. or amend any ordinance$C  It is claimed by respondents that since resolution is not included in this definition.uires that legislature shall pro!ide a system of initiati!e and referendum whereby people can directly appro!e or re2ect any act or law or part thereof passed by &ongress or local legislati!e body$ o Local Ko!t$ &ode. technical.ers of t*e Sangg%nians to enact. enact. COMELEC • %tatute (LK&"D B5o recall shall ta1e place within * yr from the date of the official(s assumption of office or * year immediately preceding a regular electionC • IssueD Does the *st limitation embraces the entire recall proceedings (e$g$ preparatory recall assemblies" or only the recall electionR • @eldD the &ourt construed BrecallC in relation to %ec$8+ which states that. commercial restricted or e pansi!e meaning$ • In construing.uittal e cept when. Lopena •Probation law 3 Dis. then the same cannot be sub2ect of an initiati!e$ • IssueD whether a local resolution of a municipal council can be sub2ect to an initiati!e and referendumR • @eldD Ge re2ect respondent(s narrow and literal reading of abo!e pro!ision for it will collide with the &onstitution and will sub!ert the intent of the lawma1ers in enacting the pro!isions of the Local Ko!ernment &ode (LK&" of *++* on initiati!e ? referendum • 4he subse. statute should be construed as a whole. it re. or other statutes dealing on same sub2ect in order to effectuate what has been intended$ @ow identical terms in the statute construed • Keneral ruleD a word or phrase repeatedly used in a statute will bear the same meaning throughout the statuteH unless a different intention is clearly e pressed$ • RationaleD word used in statute in a gi!en sense presumed to be used in same sense throughout the law$ 4hough rigid and peremptory. court adopts interpretation that accords best with the manifest purpose of statuteH e!en disregard technical or legal meaning in fa!or of construction which will effectuate intent or purpose$ . Art$ EIII of *+-7 &onstitution 3 Bpublic agricultural lands shall not be alienatedC e cept in fa!or of /ilipinos.: .*ic* are .• • @eldD 5o$ Ac. COMELEC • @istory of statuteD o In the &onstitution. ordinary. Co%rt of Agrarian "e#ations UBRicelandCV • share tenancy 3 a!erage produce per hectare for the agricultural years ne t preceding the current har!est • leasehold 3 according to normal a!erage har!est of the . not apply to all recall proceedings since power !ested in electorate is power to elect an official to office and not power to initiate recall proceedings$ • Gord or pro!ision should not be construed in isolation form but should be interpreted in relation to other pro!isions of a statute. and each of its pro!ision must be gi!en effect$ C#a%dio v. particularly where the word has a technical meaning and that meaning has been defined in the statute$ De #a Pa' v. Bthe power of recallL shall be e ercised by the registered !oters of an LKF to which the local electi!e official belongs$C • @ence. not date of commission of crimeH thus a person con!icted on same date of se!eral offenses committed in different dates is not dis. phrase. %A)E as %ec$ 7 Bno pri!ate agricultural land shall be transferred or assigned$C • both ha!e same meaning being based on same policy of nationaliAation and ha!ing same sub2ect$ )eaning of word .it*in t*e #ega# po. phrase.uent enactment of the LK& did not change the scope of its co!erage$ In %ec$ *:9 of the same code$ It statesD (b" /nitiative s*a## e)tend on#y to s%b-ects or matters . the dismissal comes after the prosecution has presented all its e!idence and is based on insufficiency of such e!idence$ "%ra v. a later law.arcia v. "egister of Deeds • %tatuteD In %ec$* .ualified by purpose of statute • Purpose may indicate whether to gi!e word.preceding yrs • BMearC3 agricultural year not calendar year • BAgricultural yearC 3 represents * cropH if in * calendar yr : crops are raised that(s : agricultural years$ 0rivenko v.

it is reasonable and fair to conclude that legislature used in commercial use and not in limited sense of total destruction of thing sold$ . • Fsed Bregular courtsC ? Bci!il courtsC interchangeably • &ourt martial 3 not courts within the Philippine #udicial %ystemH they pertain to the e ecuti!e department and simply instrumentalities of the e ecuti!e power$ • Regular courts 3 those within the 2udicial department of the go!ernment namely the %& and lower courts which includes the Sandiganbayan. • In &orporation Law. which undoubtedly includes resolutions$C • @eldD &onsidering the purpose of the law.7 which ma1es criminal actions in!ol!ing members of the P5P come Bwithin the e clusi!e 2urisdiction of the reg%#ar co%rts. e cept for Bnon payment of debtsC • Gord BdebtsC 0 means obligations in general$ 0rivenko v. then the motion must be filed with and be heard by the %E& before the ad!erse party perfects its appeal to the &ourt of Appeals$ • Purpose of the lawD the need for immediacy of e ecution of decisions arri!ed at by said bodies was imperati!e$ )eaning of term dictated by conte t • 4he conte t in which the word or term is employed may dictate a different sense • 2erba accipienda s%nt sec%nd%m materiamA a word is to be understood in the conte t in which it is used$ Peop#e v.C or Blands co!ered with water$C Peo. which is to ta all merchants e cept those e pressly e empted. v. "afferty • IssueD Ghether BAgricultural productsC includes domesticated animals and fish grown in ponds$ • %tatuteD Phrase used in ta statute which e empts such products from payment of ta es. order. the 2urisdiction o!er criminal cases in!ol!ing members of the P5P and to !est it in the courts within the 2udicial system$ Mo#ina v. ruling. the transfer of the properties to the trustee being for the protection of its creditors and stoc1holders$ • Gord BtrusteeC 3 not to be understood in legal or technical sense. and fish or bangus grown in ponds$ &ourt ga!e e pansi!e meaning to promote ob2ect of law$ M%no' 3 Co. and during said period to con!ey all its properties to a BtrusteeC for benefits of its members. C. wares and merchandise sold.• 4his pro!ision clearly does not limit the application of local initiati!e to ordinances. C*ave' • %tatuteD /amily home e tra2udicially formed shall be e empt from e ecution. de #a Pa' • IssueD Ghether the word BcourtC refers to the &ourt of Appeals or the trial courtR • %tatuteD RA 7-9. animal products.C Bmarshy lands. As%ncion • IssueD Ghether the Sandiganbayan is a regular court within the meaning of R$A$ 8+. but in KE5ERAL concept which would include a lawyer to whom was entrusted the prosecution of the cases for reco!ery of sums of money against corporation(s debtors$ "ep%b#ic v. there shall be paid by each merchant and manufacturer a ta at the rate of *=. mineral and agricultural • Gord BagriculturalC 0 used in broad sense to include all lands that are neither timber.*ere conte)t may #imit t*e meaningC • GordD BO!erthrowC . stoc1holders. creditors and other interested persons. on motion. such being the conte t in which the term is used$ Sant%#an v. Ferrer • Bcase .7R • %tatuteD RA 8+. decision or 2udgment unless the officer or body rendering the same or t*e co%rt.of *N on gross !alue of money in all goods. • @eldD &ourts considered the purpose of the law which is to remo!e from the court martial. bartered. • %tatuteD A riparian owner of the property ad2oining foreshore lands. after hearing ? on such terms as it may deem 2ust should pro!ide otherwise$ • @eldD It refers to the 4RIAL &OFR4$ If the ad!erse party intends to appeal from a decision of the %E& and pending appeal desires to stay the e ecution of the decision. purpose is to encourage the de!elopment of such resources$ • @eldD phrase not only includes !egetable substances but also domestic and domesticated animals. when it mentioned Bforeshore lands. !ord • IssueD B&onsumptionC limited or broad meaning • %tatuteD word is used in statute which pro!ides that Be cept as herein specifically e empted. v.Effect of Appea#A Appeal shall not stay the award.e#ano v. marshy lands or lands co!ered with water bordering upon shores of ban1s of na!igable la1es shall ha!e preference to apply for such lands ad2oining his property$ • /actD Riparian 3 one who owns land situated on the ban1s of ri!er$ • @eldD Fsed in a more broader sense referring to a property ha!ing a water frontage. authoriAes a dissol!ed corporation to continue as a body corporate for . forced sale or attachment. nor mineral.A. "egister of Deeds • %tatuteD lands were classified into timber. but to all Bsub2ects or matters which are within the legal powers of the Sangg%nians to enact. E)ec%tive. Secretary.yrs$ for the purpose of defending and prosecuting suits by or against it. or e changed for domestic consumption$ Mottom%# v.

ritis* Ass%rance Co. unless there a compelling reason to 2ustify it$ • ApplicationD when legislature laid down a rule for one class. 5amba#es C*romite Co.C when e ecution is returned unsatisfied • @eldD Bany 2udgmentC includes not only final and e ecutory but also 2udgment pending appeal whose e ecution ordered is returned unsatisfied$ "amire' v. pro!incial.imene' • %tatuteD does not distinguish between BstabiliAer and fla!orsC used in the preparation of food and those used in the manufacture of toothpaste or dental cream O#iva v.ualification in the general use of a term$ "ob#es v.ery /nc. San Mig%e# re. nec nos disting%ere debem%s A where the law does not distinguish. Lamadrid • %tatuteD allows the redemption or repurchase of a homestead property w=in 7 years from its con!eyance • @eldD Bcon!eyanceC not distinguished 3 !oluntary or in!oluntary$ Escos%ra v. underscored by BanyC Ligget 3 Myers Tobacco Co. /ntermediate Ape##ate Co%rt • %tatuteD A counterbond is to secure the payment of Bany 2udgment. v.• • %tatuteD Anti3%ub!ersion Act B1nowingly ? willfully and by o!ert acts$C Re2ects the metaphorical BpeacefulC sense ? limits its meaning to Bo!erthrowC by force or !iolence$ • @eldD no distinction between essential or non3essential formalities Co#gateAPa#mo#ive P*i#s v. v.* millimeters or the weight per Peo. not being authoriAed by all the parties to any pri!ate communication or spo1en word. includes all 1inds of land$ Director of Lands v. • %tatuteD grants employee Blea!es of absence with payC • @eldD Bwith payC refers to full pay and not to half or less than full payH to all lea!es of absence and not merely to sic1 or !acation lea!es$ O#fato v. v. City of aco#od • IssueD e empts the payment of realty ta es to Bproperties owned by RPC • @eldD no distinction between properties held in so!ereign. courts should not distinguish$ • &orollary principleD Keneral words or phrases in a statute should ordinarily be accorded their natural and general significance • Keneral term or phrase should not be reduced into parts and one part distinguished from the other to 2ustify its e clusion from operation$ • &orollary principleD where the law does not ma1e any e ception. +a'ario • %tatuteD )unicipal ta ordinance pro!ides Bany owner or manager of fishpondsC shall pay an annual ta of a fi ed amount per hectare and it appears that the owner of the fishponds is the go!ernment which leased them to a pri!ate person who operates them • GordD BOwnerC 0 does not include go!ernment as the ancient principle that go!ernment is immune from ta es$ Ghere the law does not distinguish • 1bi #e) non disting%it. . or political capacity and those possessed in proprietary or patrimonial character$ 2e#asco v. no difference to other class$ PresumptionD that the legislature made no . CA • %tatuteD BAct to Prohibit ? PenaliAe Gire 4apping and Other related >iolations of Pri!ate &ommunications and Other PurposesC • BIt shall be unlawful. city or municipal P*i#. • %tatuteD grants a person against whom the possession of Bany landC is unlawfully withheld the right to bring an action for unlawful detainer$ • @eldD any land not e clusi!e to pri!ate or not e clusi!ely to publicH hence. COMELEC • %tatuteD ma1es &O)ELE& the sole 2udge of Ball pre3 proclamation contro!ersiesC • @eld D BallC 0 co!ers national. or by using any other de!ice or arrangementLC • IssueD Ghether !iolation thereof refers to the taping of a communication ot*er t*an a participant to the communication or e!en to the taping by a participant who did not secure the consent of the party to the con!ersations$ • @eldD Law did not distinguish whether the party sought to be penaliAed ought to be party other than or different from those in!ol!ed in the pri!ate communication$ 4he intent is to penaliAe all persons unauthoriAed to ma1e any such recording. to tap any wire or cable. Lope' • %tatuteD certain BformalitiesC be followed in order that act may be considered !alid$ .on'a#es • %tatuteD authoriAes the director of lands to file petitions for cancellation of patents co!ering public lands on the ground therein pro!ided$ • @eldD not distinguished whether lands belong to national or local go!ernment SSS v. . C/" • %tatuteD imposes a Bspecific ta C on cigarettes containing >irginia tobacco L$ Pro!ided that of the length e ceeds . courts may not e cept something therefrom. go!ernmental.

lessee. must not be more than :* years of age on the day of election$ Dis2uncti!e and con2uncti!e words • Gord BorC is a dis2uncti!e term signifying disassociation and independence of one thing from each other$ Peo v. 6r. that go!ernment employees are entitled to *7 days !acation lea!es of absence with full pay and *7 days sic1 lea!es with full pay. @e was merely forced on lea!e when he ran for &ongress$ @eldD the %ecretary of Local Ko!ernment denied his re.*88 pro!ides that BE!ery candidate shall. filters should be e cluded therefrom. be considered on forced lea!e of absence from office /actsD an electi!e 'arangay$ &aptain was elected President of Association of 'arangay &ouncils and pursuant thereto appointed by the President as member of the Sangg%nian Pan#%ngsod. so that ta would come under the general pro!ision and not under the pro!isoR @eldD 5ot ha!ing distinguished between filter and non3 filter cigars. BconcealsC and BharborsC being four separate acts each possessing its distincti!e.arvida v.of 'P 'lg$ 8+. since the words Bbring intoC BlandC. Sa#es.ualify him from ta1ing his oath as a citiAen$ • %tatuteD An applicant may be allowed to ta1e his oath as a citiAen after : years from the promulgation of the decision granting his petition for naturaliAation if he can show that during the inter!ening period Bhe has not been con!icted of any offense or !iolation of go!ernment rulesC • @eldD law did not ma1e any distinction between ma#a in se and ma#a pro*ibita. or operator of amusement placeC • @eldD BorC implies that ta should be paid by either proprietor. within -6 days after the day of the election file true and itemiAed statement of all contributions and e penditures in connection with the election$ • @eldD Law did not distinguish between a candidate who pushed through and one who withdrew it$ • BE!ery candidateC refers to one who pursued and e!en to those who withdrew his candidacy$ Sanciagco v. &on!iction of the applicant from !iolation of municipal ordinance is comprehended within the statute and precludes applicant from ta1ing his oath$ Pera#ta v. as additional re.• • thousand e ceeds *W 1ilos.ualified to be an electi!e %Q member • %tatuteD %ec$9:9 of the LK& pro!ides that a member of the 0atip%nan ng 0abataan must not be :* yrs old$ • %ec$ 9:. the ta shall be increased by *66N$ IssueD whether measuring length or weight of cigars. CSC • IssueD whether pro!ision of RA :8:7. t*e co%rts s*o%#d make t*e distinctionC • %tatuteD %ec *. COMELEC • %tatuteD RA . as the case may be. e clusi!es of %aturday.*ere t*e distinction appears from t*e stat%te. or operator.uestH being an appointi!e sangg%nian member. Rule **: of Rules of &ourt authoriAing municipal 2udges to conduct Bpreliminary e amination or in!estigationC . %undays or holidays in both cases. erm%de' (e$g$ of BorC to mean BandC" • %tatuteD %ec$ :. court should not distinguish$ • • • Ti% San v. G@E5 4@E %PIRI4 OR &O54EE4 O/ 4@E LAG %O GARRA54% Trinidad v. @e ran for &ongress but lost$ IssueD @e then wants to resume his duties as member of sangg%iniang pan#%ngsod. punishes Bany indi!idual who shall bring into or land in the Philippines or conceals or harbors any alien not duly admitted by any immigration officerL • does not 2ustify gi!ing the word a dis2uncti!e meaning. 'ut the electi!e official. he was deemed automatically resigned when he filed his certificate of candidacy$ . • IssueD whether petitioner who was o!er :* but below :: was . applies only to those who ha!e lea!e credits and not to those who ha!e none$ • @eldD Law spea1s of granting of a right and does not distinguish between those who ha!e accumulated and those who ha!e none$ Pi#ar v. Mani#a 6ockey C#%b • %tatuteD imposes amusement ta es on gross receipts of Bproprietor. which pro!ides thatD 9Any person holding public appointi!e or position shall ipso facto cease in office or position as of the time he filed his certificate of candidacyC • Ko!ernors. different and disparate meaning$ C/" v.ualifying phrase$ BorC means BandC. "ono • B. Martin • %tatuteD %ec$ 96 of &ommonwealth Act 8*. "ep%b#ic • IssueD whether the con!iction of an applicant for naturaliAation for !iolation of a municipal ordinance would dis. mayors. members of !arious sangg%nians or barangay officia#s shall upon the filing of candidacy.uirement pro!ides that electi!e official of Sangg%niang 0abataan must not be more than :* yrs$ Bon the day of electionC • @eldD the distinction is apparentD the member may be more than :* years of age on election day or on the day he registers as member of 0atip%nan ng 0abataan. lessee. single ? not by all at the same time$ • • Fse of BorC between : phrases connotes that either phrase ser!es as .

no one shall proceed if there is any person pre!iously mentioned therein with legal capacity to institute the action$ BAndC is a con2unction pertinently defined as meaning Btogether with. Acety#ene Co. generic sense. Art EI of the &onstitution grants Ombudsman power to BDirect the officer concerned to ta1e appropriate action against a public official or employee at fault. and recommend his remo!al. grandparents or guardianL$C Although these persons are mentioned dis2uncti!ely. suspension. Santiago • • ASSOCIATED WORDS 5oscitur a sociis • where a particular word or phrase is ambiguous in itself or e. but to mean bodily harm or in2ury such as physical in2uries. Pryce Properties Corp. which means enterprises employing relati!ely large amounts of capital and=or laborR • @eldD %ince BindustriesC used in the law for the :nd time Bis classified togetherC with the terms miners. F#avier • %tatuteD %ec$ *-(-".C B2oined with. v. abduction.ually susceptible of !arious meanings. spare parts.uarterly fi ed ta • Bbased on the gross !alue in money or actual mar1et !alueC of articlesH phrase Bor actual mar1et !alueC intended to e plain Bgross !alue in money$C • • BorC means successi!ely %tatuteD Art$ -99 of the Re!ised Penal &ode 3 Bthe offenses of seduction. . of LK& authoriAed local go!ernment units to pre!ent or suppress BKambling ? other prohibited games of chance$C BKamblingC 0 refers only to illegal gambling. mining enterprises. planters and farmers$ • If used in ordinary sense. demotion. Santiago • IssueD Ghether an offended party can file a separate and independent ci!il action for damages arising from physical in2uries during pendency of criminal action for frustrated homicide$ • %tatuteD Art$ -. ordinances promulgated by the President of so3called RP.uipment. or e!en death$ Co 0im C*an v. must be pre!ented or suppressed ? not to gambling authoriAed by specific statutes$ • Carandang v. P*i#.• BorC e. M%nicipa#ity of Manda%e (e$g$ of BorC e. planters and farmers. pro!ision must be construed as meaning that the right to institute a criminal proceeding is e clusi!ely and successi!ely reposed in said persons in the order mentioned. for use of industriesLC • IssueD Is the word BindustriesC used in ordinary. li1e other prohibited games of chance. and others that are of the same class as the laws and regulations with which the word BprocessesC is associated$ Commissioner of C%stoms v. fraud. regulations and processes of any other go!ernment in the Philippines than that of the said &ommonwealth are null and !oid and without legal effect$C • BProcessesC does not refer to 2udicial processes but to the e ecuti!e orders of the &hairman of the Philippine E ecuti!e &ommittee. 2a#de' Tan 0e* • IssueD Ghether proceedings in ci!il cases pending in court under the so called Republic of the Philippines established during the #apanese military occupation are affected by the proclamation of Ken$ )cArthur issued on October :-. its correct construction may be made clear and specific by considering the company of words in which it is found or with which it is associated$ • to remo!e doubt refer to the meaning of associated or companion words %enaseda v.of &i!il &ode Bin case of defamation. *+99 that Ball laws. ob!ious legislati!e intent is to confine the meaning of the term to acti!ities that tend to produce or create or manufacture such as those miners. shall not be prosecuted e cept upon a complaint by the offended party or her parents.C Balong with.C Badded to or lin1ed toC o 5e!er to mean BorC o Fsed to denote 2oinder or union Band=orC 3 means that effect should be gi!e to both con2uncti!e and dis2uncti!e term o term used to a!oid construction which by use of dis2uncti!e BorC alone will e clude the combination of se!eral of the alternati!es or by the use of con2uncti!e BandC will e clude the efficacy of any one of the alternati!es standing alone$ %tatD %ec$ 97. ? physical in2uriesLC • @eldD &ourt ruled that Bphysical in2uriesC not as one defined in RP&.ui!alent of Bthat is to sayC" • OrdinanceD imposes graduated . rape or acts of lasci!iousness. frustrate homicide.ui!alent of Bthat is to sayC • • SMC v. mining industries. it becomes inconsistent and illogical Peo. fine censure or prosecution$ • BsuspensionC 0 is a penalty or puniti!e measure not pre!enti!e Magta-as v. • %tatuteD %ec$ 8 of RA *-+9 pro!ides that Bta pro!ided for in %ec$ * of this Act shall not be imposed against the importation into the Philippines of machinery or raw materials to be used by new and necessary industry H machinery e.

condensers. including paragraph . decision or 2udgment unless the officer or body rendering the same or the court. o!ertime compensation. engra!ing. generators. does not embrace taped 2ingles for campaign purposes M%rp*y. lithography. medicare and maternity benefits$C Ebar#e v. de#a Pa' • IssueD Ghether the word Tcourt( in %ec 7. Art 79-9D Appeal shall not stay the award. where the court. pumps. printing. order. and to the end also that other remedies. radio. or of the same 1ind or class as those specifically mentioned$ • PurposeD gi!e effect to both particular or general words. things or cases a1in to. e onerated or !indicated in li1e manner. athletic goods.• • • • IssueD Ghether defamatory statements through the medium of an amplifier system constitutes slander or libelR LibelD committed by means of Bwriting. social security. or to be restricted to. %ec$ of Labor. +L"C • IssueD Ghether claim of an employee against his employer for cash reward or submitting process to eliminate defects in . flashlights. and other benefits pro!ided by law or appropriate agreement. the general word or phrase is to be construed to include. decision or 2udgment may be raised only by motion in the main case. it would ha!e not enumerated the specific words$ • PresumptionD legislators addressed specifically to the particulariAation Illustration M%t%c v. C%evas • %tatuteD all condensed s1immed mil1 and all mil1 in whate!er form shall be clearly and legibly mar1ed on its immediate containers with wordsD B4his mil1 is not suitable for nourishment for infants less than * year of ageC • @eldD restricts the phrase Ball mil1 in whate!er form. v.C e cluded filled mil1$ . enumerated as followsD &ourt of Agrarian Relations. resembling. on motion after hearing. pens. although not specifically named by the particular words$ • PrincipleD based on proposition that had the legislature intended the general words to be used in their generic and unrestricted sense. the enumeration in %ec$ 7 means &ourt of Agrarian Relations not &A$ San Mig%e# Corp. including court action. e cept claims for employees compensation. lighters. v. may be pursued forthwith by the interested parties.C refers to the &A or to the &ourt of Agrarian RelationsR @eldD &orrect construction made clear with reference to %ec$ * of RA 79-9.ualification 3 9After administrative remedies s*a## *ave been e)*a%sted. materials and t*e #ike: • @eldD and the li1e. persons. M%nicipa# Co%rt of Cigara . by treating the particular words as indicating the class and the general words as indicating all that is embraced in said class. and other machinery for the generation of electricity for lighting or for powerH • @eldD phrase Bother machineryC would not include steam turbines. award are appealable to the &ourt of Appeals. including hose based on nonpayment or underpayment of wages. e citers. Morris 3 Co.uality ? taste of %an )iguel product falls within 2urisdiction of the labor arbiter of 5LR&R • @eldD 5o$ Outside of 2urisdiction$ 5ot necessary that entire uni!erse of money claims under 2urisdiction of labor arbiter but only those to *$" unfair labor practices.rap*i#on v. ruling. :$" claims concerning terms ? conditions of employment 9$" claims relating to household ser!ices 7$" acti!ities prohibited to employers ? employees$ • %tatuteD B2urisdiction of Labor Arbiters and the 5LR&. after administrati!e remedies shall ha!e been e haustedC • @eldD e ecuti!e order does not apply to criminal actions$ 4he term is closely o!ershadowed by the . and on such terms as it may deem 2ust should E2usdem generis (or the same 1ind or species" • Keneral ruleD where a general word or phrase follows an enumeration of particular and specific words of the same class or where the latter follow the former. fans. order. %ocial %ecurity &ommission etcLH /rom grouping. as last amended by 'P 'lg$ ::. because not same 1ind of machinery with dynamos. ruling. Co##ector of C%stoms • %tatuteD Dynamos. COMELEC • %tatuteD Act ma1es unlawful the distribution of electoral propaganda gadgets. separation pay. generators and e citers$ 2era v. officers or bodies whose decision.Ball money claims of wor1ers.: which suggest ci!il suits sub2ect to pre!ious administrati!e actions$ Mottom%# v. cinematographic e hibiton$C It is argued that BamplifierC similar to radio @eldD 5o$ Radio should be considered as same terms with writing and printing whose common characteristic is the Bpermanent means of publication$C • pro!ide otherwise$ 4he propriety of a stay granted by the officer or body rendering the award. S%ca#dito • %tatuteD EO :87 outlines the procedure which complainants charging go!ernment officials and employees with commission of irregularities should be guided. applies to criminal actions or complaints$ • EO :87 0 Bcomplaints against public officials and employees shall be promptly acted upon and disposed of by the officials or authorities concerned in accordance with pertinent laws and regulations so that the erring officials and employees can be soonest remo!ed or otherwise disciplines and the innocent.

/nc. ? other similar containers$C • @eldD 4he title clearly shows intent to gi!e protection to all mar1ed bottles of all lawful be!erages regardless of nature of contents$ +ationa# Po. Maga##anes • Ghere a law grants a court e clusi!e 2urisdiction to hear and decide Boffenses or felonies committed by public officials and employees in relation to their office. torts. otherwise 1nown as Fsury Law. . Migrino • /actsD retired military officer was in!estigated by the P&KK for !iolation of Anti3Kraft Act in relation to EO I * ? : authoriAing the P&KK to reco!er ill3gotten wealth from the former President(s Bsubordinates and close associatesC • IssueD Does P&KK ha!e 2urisdiction to in!estigate such military officer for being in ser!ice during the administration of the former PresidentR • @eldD B%ubordinatesC refers only to one who en2oys close association or relation to the former President and his wifeH term Bclose associatesC restricted the meaning of BsubordinatesC Limitations of e2usdem generis • Re. Angas • IssueD whether the term 2udgment. CA • IssueD whether the phrase Bother lawful be!eragesC which gi!es protection to manufacturer with the Phil$ Patent Office its duly stamped or mar1ed bottles used for Bsoda water. goods or credit.uisitesD o %tatute contains an enumeration of particular ? specific words. as amended.C and not mere pronouncement of public officials Ceb% /nstit%te of Tec*no#ogy v.ise: refers to compensation due under a title analogous or similar to insurance$ Inasmuch as the latter is a contract establishing a legal obligation. suspension or other temporary disability • @eldD anything which disables the mayor from e ercising the power and prerogati!es of his office.uasi3contract.er Corp.%tatuteD the !ice3mayor shall be entitled to assume the office of the mayor during the absence. of his official functions C% 1n-ieng Sons. since Btheir temporary disabilityC follows the words BabsenceC and BsuspensionC Peo. v.C the phrase BI5 RELA4IO5 4O 4@EIR O//I&EC . namely. mineral or aerated waters. barrels. cas1s. v. or in *+76 when Philippine Gar Damage &ommission ad!ised that no payment would be made for said lossesR • %tatuteD BIn the case of a corporation. it follows that in order to be deemed Bcompensated for Totherwise. cider. law. cream or other lawful be!erages.C includes hard li. or crimes. or the office is a constituent element of the crime defined in the statute or one perpetuated in the performance. clearly teachers are not field personnel and therefore entitled to ser!ice incenti!e lea!e benefits$ • Cagayan 2a##ey Enterprises v. though improper or irregular.C apply the principle. Op#e • IssueD Ghether teachers hired on contract basis are entitled to ser!ice incenti!e lea!e benefits as against the claim that they are not soR • %tatuteD Rule > of IRR of Labor &odeD B4his rule (on ser!ice incenti!e lea!es" shall apply to all employees. followed by general word or phrase o Particular and specific words constitute a class or are the same 1ind o Enumeration of the particular ? specific words is not e hausti!e or is not merely by e amples o 4here is no indication of legislati!e intent to gi!e the general words or phrases a broader meaning . 1egs. mil1. bo es. these later specific terms ha!ing restricted the meaning B2udgmentsC to those same class or the same nature as those specifically enumerated$ "ep%b#ic v.( the losses sustained by a ta payer must be co!ered by a 2udicially enforceable right. contract.ualifies or restricts the offense to one which cannot e ist without the office. springing from any of the 2uridical sources of obligations. ord of Ta) Appea#s • IssueD whether losses due to the war were to be deductible from gross income of *+97 when they were sustained. v. the )onetary 'oard in a resolution prescribed that the rate of interest for loan or forbearance of any money. all losses actually sustained and not charged off within the ta able year and not compensated for by insurance or otherwise$C • &ontentionD the assurances of responsible public officials before the end of *+97 that property owners would be compensated for their losses as a result of the war sufficed to place the losses within the phrase Bcompensated otherwiseC than by insurance • @eldD Re2ectedS BOtherwiseC in the clause 9compensated for by ins%rance or ot*er.uorR • %tatute titleD BAn Act to regulate the use of stamped or mar1ed bottles. good or credit ? the rate allowed in 2udgment in the absence of e press contract shall be *:N per annum$ • @eldD #udgments should mean only 2udgments in!ol!ing loans or forbearance money. refers to any 2udgment directing the payment of legal interest$ • %tatuteD &entral 'an1 &ircular I 9*8 0 Bby !irtue of the authority granted to it under %ec$ * of Act 5umber :877. e cept Bfiled personnel and other employees whose performance is unsuper!ised by the employer including those who are engaged on tas1 or contract basis$C • @eldD Bthose who were employed on tas1 or contract basisC should be related with Bfield personnel.

v. Fernande' • %tatuteD All claims for money against the decedent. CA Ler%m v. imposing rights ? forfeitures. Santo +ino • %tatuteD It shall be unlawful to for any person to carry concealed about his person any bowie. v. as well as statutes strictly construed$ Acosta v. it manifested its intention to include in the prohibition weapons other than armas blancas therein specified$ Cagayan 2a##ey Enterprises. sa 1abilang column  "oman Cat*o#ic Arc*bis*op of Mani#a v.arranto. arising from contracts. business. is e pressly limited to certain matters. Bpreliminary in!estigations of criminal actions for written defamation shall be conducted by the city fiscal of pro!ince or city or by municipal court of city or capital of the pro!ince where such actions may be instituted precludes all other municipal courts from conducting such preliminary in!estigations Peo. restricting common rights. for treatment in a hospital. who is afflicted with a contagious disease$ • @eldD &ourt denied petition for writ of habeas corpus (filed by the nati!e3born American citiAen on behalf of wife detained in hospital". it may not. )ore short e amples on p$ ::7 Mani#a Lodge +o. 1nife. CA Santos v. concubinage. dagger. and any of its political subdi!isions branches or instrumentalities and KO&&sC$ • @eldD 5o$ the rule of e-%sdem generis applies only when there is uncertainty$ 4he definition is sufficiently comprehensi!e to include charitable institutions and charities not for profitH it contained e ceptions which said institutions and entities are not included$ E pressio unius est e clusion alterius • 4he e press mention of one person. by its terms. otherwise barred fore!er$ 1S v. natural or 2uridical. is not of uni!ersal applicationH it should use to carry out. @*ite • %tatuteD case e empts the wife of a naturaliAed American from detention. e!en though all would ha!e been implied had none been e pressedH opposite the doctrine of necessary implication . court resorted to negati!e3 opposite doctrine. City Treas%rer of Davao 2era v. industryL$ and uses the ser!ices of another person. =>? v. who carried in the Philippines any trade. Socia# Sec%rity Commission • IssueD a religious institution in!o1ing e-%sdem generi whether TemployerC be limited to underta1ing an acti!ity which has an element of profit or gainR • %tatuteD Bany person. F#or • %tatuteD specifically designates the persons who may bring actions for $%o . CA & previo%s page.• Rule of e-%sdem generis. be e tended to other matters$ o E)ceptio firmat reg%#am in casib%s non e)ceptis 3 A thing not being e cepted must be regarded as coming within the pur!iew of the general rule o E)pressio %ni%s est e)c#%sion a#teri%s 3 4he e pression of one or more things of a class implies the e clusion of all not e pressed. all claims for funeral e penses and e penses for the last sic1ness of the decedent. who under his orders as regard the employment. and 2udgment for money against decedent. not defeat the intent of the law$ 5egati!e3opposite doctrine • Arg%ment%m a contrarioA what is e pressed puts an end to what is implied$ C*%ng Fook v. rape or acts of lasci!iousnessH crimes such as slander can be prosecuted de oficio. Lantin • %tatuteD crimes which cannot be prosecuted de oficio namely adultery. e cludes others from bringing such actions$ Escribano v. thing or conse. 1ris or other deadly weapon$ Provided prohibition shall not apply to firearms who ha!e secured a license or who are entitled to carry the same under the pro!isions of this Act$C • IssueD does Bthe deadly weaponC include an unlicensed re!ol!erR • @eldD MesS &arrying such would be in !iolation of statute$ 'y the pro!iso. creating rights and remedies. stating that statute plainly relates to wife of a naturaliAed citiAen ? cannot interpolate Bnati!e3bornC citiAen$ • AnalysisD court(s application results to in2ustice (as should not discriminate against nati!e3born citiAens". by interpretation or construction. or contingent. domestic or foreign. /nc. Cr%' Centra# arrio v. not due. should ha!e used doctrine of necessary implication$ Application of e)pression %ni%s rule • Kenerally used in construction of statutes granting powers. whether the same be due. e press or implied. which is not intent of law. e cept the Ko!ernment. Avi#a • %tatuteD for libel. seduction. must be filled within the time limit of the notice.uence implies the e clusion of all others$ • Rule may be e pressed in a number of waysD o E)press%m facit cessare tacit%m A what is e pressed puts an end to that which is implied where a statute.

uestion ne!er intended to include solicitations for religious purposes within its co!erage$ 2i##an%eva v. not being mentioned in the rule are e cluded from the operation of the rule$ • Mendeni##a v. e cept those declared by law to be in the noncompetiti!e ser!ice and those which are policy3determining. e cept those which are specifically mentioned therein$ If a sub2ect matter does not come within the e ceptions. e cluded by the !ery nature of a personal accident insurance$ • @eldD the principle Be presssio unius est e clusio 3 the mention of one thing implies the e clusion of the other thing 3 not ha!ing been e pressly included in the enumeration of circumstances that would negate liability in said insurance policy cannot be considered by implication to discharge the petitioner insurance Limitations of the rule *$ It is not a rule of law. • %tatuteD Legislature deliberately selected a particular method of gi!ing notice. e)ception firmat reg%#am in casib%s non e)ceptis.ome' v. primarily confidential or highly technical in nature and enumerates those in the noncompetiti!e as including %E&RE4ARIE% O/ KO>ER5OR% A5D )AMOR%.enera# /ns%rance Corp. reno!ation of church without securing permit fro Department of %ocial %er!ices. as when a co3owner is gi!en the right of legal redemption within -6 days from notice in writing by the !endor in case the other co3 owner sells his share is the co3owned property. E)pressio %ni%s est e)c#%sion a#teri%s. hardship and in2ury to the public interest$ 7$ 8$ . 2i##a#onAPorni##os • IssueD whether the solicitation for religious purposes. 2ent%ra • IssueD whether the prescription by a physician of opium for a patient whose physical condition did not re. Omandia • %tatuteD changed the form of go!ernment of a municipality into a city pro!ides that the incumbent mayor. but merely a tool in statutory construction 2. • @eldD the method of gi!ing notice must be deemed e cusi!e ? a notice sent by !endee is ineffecti!e$ company to include death resulting from murder or assault among the prohibited ris1s lead ine!itably to the conclusion that it did not intend to limit or e empt itself from liability for such death Insurance company still liable for the in2ury. Man%e# 1y 3 Sons. local go!ernments are gi!en broad powers to ta e!erything. !ice3mayor and members of the municipal board shall continue in office until the e piration of their terms$ • @eldD all other municipal offices are abolished$ %tte v. /nc. is a !iolation of PD *789. no more than au iliary rule of interpretation to be ignored where other circumstances indicate that the enumeration was not intended to be e clusi!e$ -$ Does not apply where enumeration is by way of e ample or to remo!e doubts only$ . Co%rt of Appea#s • Ghere the law pro!ides that positions in the go!ernment belong to the competiti!e ser!ice. CA • 4he insurance company disclaimed liability since death resulting from murder was impliedly e cluded in the insurance policy as the cause of death is not accidental but rather a deliberate and intentional act. Samson v. disability and loss suffered by the insured$ (sobra Tto. there can be no other conduct of a physician deemed Tunprofessional$( 5or can it be con!incingly argued that the legislature intended to wipe out all other forms of Tunprofessional( conduct therefore deemed grounds for re!ocation of licenses 9$ Does not apply when in case a statute appears upon its face to limit the operation of its pro!ision to particular persons or things enumerating them. the legislature is presumed to ha!e intended to e clude those not enumerated.ual protection clause of the &onstitution$ If adherence thereto would cause incon!enience. I swearS )inurder na nga. but no reason e ists why other persons or things not so enumerated should not ha!e been included and manifest in2ustice will follow by not including them$ If it will result in incongruities or a !iolation of the e. for by ma1ing an enumeration. v. the clear intent is that assistant secretaries of go!ernors and mayors fall under the competiti!e ser!ice.• @eldD 4he ta es due to the go!ernment.uire the use of such drug constitutes Bunprofessional conductC as to 2ustify re!ocation of physician(s license to practice • @eldD %till liableS Rule of e)pressio %ni%s not applicable • &ourt said. i$e$. I cannot be seriously contended that aside from the fi!e e amples specified. ayaw pang bayaranS %obraS @indi daw accidentalL eh di mas lalo ng 1ailangang bayaran dahil murderS %usS %usS" Centeno v. ma1ing it a criminal offense for a person to solicit or recei!e contributions for charitable or public welfare purposes$ • @eldD 5o$ &haritable and religious specifically enumerated only goes to show that the framers of the law in . for otherwise it would ha!e included them in the enumeration Firman . an ordinance imposing a ta on such sub2ect matter is deemed to come within the broad ta ing power. City of /#oi#o • %tatuteD Local Autonomy Act.

section or pro!ision of a statute. by construction. the word should be ta1en distributi!ely$ Peo. or let each be put in its proper place. employee or laborerL • @eldD /ollowing the principle. as e tending . or to . the court may supply the omission if to do so will carry out the clear intent of the legislature and will not do !iolence to its language Doctrine of last antecedent • Pualifying words restrict or modify only the words or phrases to which they are immediately associated not those which are distantly or remotely located$ • Ad pro)im%m antecedens fiat re#atio nisi impediat%r sententia & relati!e words refer to the nearest antecedents. the same should be made e tensi!e to the whole$ :$ Doctrine does not apply where the intention is not to . unless the conte t otherwise re. Rule *:: of the Rules of &ourt • @eldD %hould be from Tpromulgation( should be referring to T2udgment.ualify the antecedent at all$ Reddendo singular singuilis • >ariation of the doctrine of last antecedent • Referring each to eachH • Referring each phrase or e pression to its appropriate ob2ect.uires • RuleD use of a comma to separate an antecedent from the rest e erts a dominant influence in the application of the doctrine of last antecedent$ Illustration of rule Pangi#inan v. and in such a case what is omitted in the enumeration may not. including that of laborers. thing or ob2ect from the enumeration$ If such legislati!e intent is clearly indicated. whether related to the tenant or notC F#orentino v. P+ • IssueD whether holders of bac1pay certificates can compel go!ernment3owned ban1s to accept said certificates in payment of the holder(s obligations to the ban1$ • %tatuteD Bobligations subsisting at the time of the appro!al of this amendatory act for which the applicant may directly be liable to the go!ernment or to any of its branches or instrumentalities.6 of &i!il &ode. that is. be included therein$ • E ceptionD where legislature did not intend to e clude the person. comes within the prohibition against aliens inter!ening Bin the management. ob2ect or thing omitted from an enumeration must be held to ha!e been omitted intentionally$ • 4he ma im operates only if and when the omission has been clearly established. operation. which states that Blastly teachers or heads of establishments of arts and trade shall be liable for damages caused by their pupils and students or apprentices so long as they remain in their custodyC applies to all schools. v Tamani • IssueD when to count the *73day period within which to appeal a 2udgment of con!iction of criminal actionX date of promulgation of 2udgment or date of receipt of notice of 2udgment$ • %tatuteD %ec$ 8. son3in3law.ualify only to its last antecedent namely Bany citiAen of the Philippines or association or corporation organiAed under the laws of the PhilippinesC • 4he court held that bac1pay certificate holders can compel go!ernment3owned ban1s to accept said certificates for payment of their obligations with the ban1$ Pualifications of the doctrine$ *$ %ub2ect to the e ception that where the intention of the law is to apply the phrase to all antecedents embraced in the pro!ision. generally • to limit the application of the enacting clause.ualify or restrain its generality. or e clude some possible ground of misinterpretation of it. academic as well as non3academic • @eldD teachers  pupils and studentsH heads of establishments of arts and trades to  apprentices • Keneral ruleD responsibility for the tort committed by the student will attach to the teacher in charge of such student (where school is academic" • E ceptionD responsibility for the tort committed by the student will attach to the head. the entire scope of personnel acti!ity. is co!ered by the prohibition against the employment of aliens$ Amadora v.ualifying phrase Bwho are dependent upon him for supportC refers solely to its last antecedent.( while notice refer to order$ 0ing v. and only he. or e cept something.Doctrine of casus omissus • A person. (who" shall be held liable (in case of the establishments of arts and tradesH technical or !ocational in nature" PROVISOS.CEPTIONS AND CLAUSES Pro!isos. who may be wiling to accept the same for such settlementC • @eldD the court. or grandson. ruled that the phrase . e!en though they are not dependent upon him for support and li!ing separately from him 'E&AF%E the . A#vendia • )embers of the family of the tenant includes the tenant(s son. or to any citiAens of the Philippines or to any association or corporation organiAed under the laws of the Philippines. namely. CA • IssueD whether Art :*. administration or controlC followed by the phrase Bwhether as an officer. !ernande' • IssueD Ghether a &hinese holding a noncontrol position in a retail establishment. or to corporations owned or controlled by the go!ernment. E. Bsuch other person or persons. in!o1ing the doctrine of last antecedent.

e ecuti!e order or regulation to the contrary notwithstanding. in the absence of legislati!e intent.ualify the generality of the enacting clause or section which it refers$ PurposeD limit or restrict the general language or operation of the statute.uired appro!al is still !alid and binding between the partiesH also o the phrase Bin the ordinary course of business could not ha!e been intended to include sale of !ehicle itself. Ange#es • Ghen an earlier section of statute contains pro!iso.S. not embodied in later section. franchiseH Provided. alienation. in order that the intent of the law may be carried out Pro!iso may enlarge scope of law • It is still the duty of the courts to ascertain the legislati!e intention and it pre!ails o!er pro!iso$ • 4hus it may enlarge. v. Miranda • IssueD Petitioner that appro!al of the Public %er!ice &ommission of the sale of public ser!ice !ehicle was not necessary because of pro!iso in %ec$ :6 of &ommonwealth Act 5o$ *98 • %tatuteD It shall be unlawful for any public ser!ice !ehicle or for the owner.ualify$ E ception to the rule • Pro!iso construed to . the pro!iso. that this pro!ision shall not apply to firearms in the possession of persons who ha!e secured a license therefore or who are entitled to same under pro!isions of this Act$ • @eldD through the Pro!iso it manifested the intention to include in the prohibition weapons other than armas b#ancas as specified$ Pro!iso as additional legislation • E pressed in the opening statement of a section of a statute • Gould mean e actly the re!erse of what is necessarily implied when read in connection with the limitation • PurposeD o 4o limit generalities o E clude from the scope of the statute that which otherwise would be within its terms Ghat pro!iso . unless legislati!e intent was to restrict or . v. by the word BPro!idedC$ Determined byD Ghat determines whether a clause is a pro!iso is its substance rather than its form$ If it performs any of the functions of a pro!iso.ualify or restrict the phrase preceding it or the earlier pro!isions of the statute or e!en the statute itself as a whole. alienate its property. +L"C • @eldD the pro!iso in par : of Art :.6 relates only to casual employeesH not to pro2ect employees$ • Applying rule that pro!iso to be construed with reference to immediately preceding part of the pro!ision which it is attached and not to other sections thereof. irrespecti!e of what word or phrase is used to introduce it$ • • @eldD 5OS Pro!iso refer to the clause immediately preceding it and can ha!e no other meaning than that the function of allocating the wheat flour instead of assigning to Import &ontrol &ommission was assigned to PR4A$ If wheat flour is e empted from the pro!isions of the Act. no go!ernment agency e cept the Import &ontrol &ommission shall allocate the import .ualifies • Keneral ruleD . not to enlarge it$ LocationD commonly found at the end of a statute. without the pre!ious appro!al and authority of the &ommission pre!iously had to sell.ualify only the immediately preceding part of the section to which it is attachedH if no contrary legislati!e intent is indicated$ • Ghere intent is to .ualify only the section to which it has been appended$ F#ores v. dagger. Price Stabi#i'ation oard • %tatuteD %ec$ *7 RA 9:8 3 Any e isting law. than restrict 1.• • • • to cases not intended by legislature to be brought within its pur!iew$ RuleD restrain or . li1e 2un1ed e. 1ris or any other deadly weaponD Provided. 1nife.ever. but at most may refer only to such property that may be concei!ably disposed of by the carrier in the ordinary course of its business.ualifies or modifies only the phrase immediately preceding itH or restrains or limits the generality of the clause that it immediately follows$ • E ceptionD unless it clearly appears that the legislature intended to ha!e a wider scope C*inese F#o%r /mporters Assn v. then the pro!iso will be construed in that manner. or pro!ision ? introduced. *o. that nothing herein contained shall be construed to pre!ent the transaction from being negotiated or completed before its appro!al or to pre!ent the sale. as a rule.uota among the !arious importers$ Provided. or lease by any public ser!ice of any of its property in the ordinary course of businessC • @eldD o the pro!iso means only that the sale without the re. be confined to . then it will be regarded as such. Santo +ino • %tatuteD it shall be unlawful for any person to carry concealed about his person any bowie.uipment$ Mercado Sr. lessee or operator thereof. the pro!iso would ha!e been placed in the section containing the repealing clause Co##ector of /nterna# "even%e v. 4hat the Philippine Rehabilitation and 4rade Administration shall ha!e e clusi!e power and authority to determine and regulate the allocation of wheat flour among importers$C • IssueD whether or not the pro!iso e cluded wheat flour from the scope of act itself$ . not embodied in a later section thereof.

such disability not ha!ing been remo!ed any plenary pardonC or Bwho has been declared by final 2udgment guilty of any crime against property$C • *st clause3 : e cpetions 0 (a" Person penaliAed by less than * yr$H and (:" Person granted an absolute pardon • :nd clause 3 creates e ception to *st but not to :nd that a person con!icted of crime against property cannot !ote unless there(s pardon$ • @eldD absolute pardon for any crime for which one year of imprisonment or more was meted out restores the prisoner to his political rights$ • If penalty less * yr. pro!iding conditionally for a new case3 this is the nature of pro!iso$ %imilarD in a way since one of the functions of pro!iso is to e cept something from an enacting clause$ Illustration of e ception ME"ALCO v. Diasnes • IssueD whether a person con!icted of a crime against property. unless paid an additional sum of at least :7N of his renumerationD Provided. electricity. or corporation.readings on separate days.uirements$ • @eldD %er!ice is completed on the 7th day after the *st notice. is the date from which to count the prescripti!e period to comply with certain re.ualifies only its nearest antecedent.C and Bshall not applyC • )ay not be introduced by words mentioned abo!e. ser!ice shall ta1e effect at the e piration of such time$C • IssueD Ghether actual receipt the date of a registered mail after 7 day period.ualify the words or phrases constituting the general rule$ • E)ceptio firmat reg%#am in casib%s e)ceptis A A thing not being e cepted.ualified prohibition established in the enactment clause$ To#entino v. e)cept when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency$ • @eldD it .readings on separate days$ Pendon v. whether pro!ision or not. it is e!ident that appellant is e empt from . firm. and begins with Tbut( which indicates e ception$ . e!en if he actually recei!ed the mail months later$ • :nd part is separated by semicolon. as long as if such remo!es something from the operation of a pro!ision of law$ • /unctionD to confirm the general ruleH . that which is located in a later portion of the statute pre!ails.C Bunless otherwise. P%b#ic 1ti#ities Emp#oyeesD Association • %tatuteD 5o person. that this prohibition shall not apply to public utilities performing public ser!ice. absolutely e cluding from its operation some sub2ect or thing that would otherwise fall within the scope$ Pro!isoD • Defeats its operation conditionally$ • A!oids by way of defeasance or e cuse • If the enactment is modified by engrafting upon it a new pro!ision. business establishment or place shall compel an employee or laborer to wor1 on %undays? legal holidays. who was granted absolute pardon by the President. Bser!ice by registered mail is complete upon actual receipt by the addresseeH but if fail to claim his mail from the post office within 7 days from ate of first notice of the postmaster. must be regarded as coming within the pur!iew of the general rule$ • DoubtsD resol!ed in fa!or of general rule E ception and Pro!iso distinguished E ceptionD • E empts something absolutely from the operation of statute • 4a1es out of the statute something that otherwise would be a part of the sub2ect matter of it$ • Part of the enactment itself. is entitled to !oteR • %tatuteD A person shall not be . ? printed copies thereof in its final form ha!e been distributed to its )embers . by way of amendment. generally • E ception consists of that which would otherwise be included in the pro!ision from which it is e cepted$ • It is a clause which e empts something from the operation of a statute by e press words$ • Be cept. dis. power. which is the distribution of the printed bill in its final form days from its final passage$? not the . unless there is legislati!e intent to the contrary$ • Latter pro!ision. water etcL • IssueD Is )ERAL&O liable to pay the :7N for employees who wor1 during holidays and %undaysR • @eldD 5egati!e$ :nd part is an e ception although introduced by BPro!ided$C As appellant is a public utility that supplies electricity ? pro!ides means of transportation. is gi!en preference for it is the latest e pression of the intent of the legislation$ E ceptions.ualified to !ote Bwho has been sentenced by final 2udgment to suffer one year or more from imprisonment.ualification not apply. CA Be)ception need not be introd%ced by 9e)cept: or 9%n#ess:C • %tatuteD Rule :. of Rules of &ourt. e cept when against property3 needs pardon$ • 4he :nd clause creates the e ception to the *st . Secretary of Finance • %tatuteD 5o bill shall be passed by either @ouse shall become a law unless it has passed .days before its passage.Repugnancy between pro!iso and main pro!ision • Ghere there is a conflict between the pro!iso and the main pro!ision.orospe v. e$g$ supplying gas.

or sa!e something which would otherwise be lost$ • Fsed to sa!e something from effect of repeal of statute • Legislature.: Statute Construe" as W$o'e an" !n Re'at!on to ot$er Statutes STATUTE CONSTRUED AS WHOLE Kenerally • %tatute is passed as a whole o It should ha!e one purpose and one intent o &onstrue its parts and section in connection with other parts o GhyR 4o BproduceC a harmonious whole • 5e!erD o Di!ide by process of etymological dissertation (whyR 'ecause there are instances when the intention of the legislati!e body is different from that of the definition in its original sense" o %eparate the words (remember that the whole point of this chapter is to construe it as a whole" o %eparate conte t o 'ase definitions on le icographer (what is a le icographerR A person who studies le icography$ Ghat is le icography thenR AnalyAes semantic relationships between le icon and language 0 not important$ 5e!er mind " 0 ang 1ulitS 4he whole point of this part is to construe the whole statute and its part together (actually 1ahit ito nalang tandaan hanggang matapos 1asi ito lang yung sinasabi ng boo1" o Yremember t*is story to memori'e t*e ma)imD Optima at %tatuti /rutti where interpreting as to why when coc1roaches(IPI%" when added results to %F) (ipsum" a stadium (statutum"Z 0 sorry bloc1mates. weird si cherryS  Do not in. intercept. or record such communication or spo1en word by using such de!ice commonly 1nown as dictagraphLC • IssueD whether the phrase de!ice or arrangement includes party line and e tension • %tatconD it should not be construed in isolation$ Rather it should be interpreted in relation to the other words (tap. COA • IssueD whether educational assistance gi!en to indi!iduals prior to the enactment of RA 8.7. to secretly o!erhear. the right of the state to prosecute and punish offenses committed in !iolation of the repealed law$ • Ghere e isting procedure is altered or substituted by another.7. City of Ceb% • Described that if the words or phrases of statute be ta1en indi!idually it might con!ey a meaning different form the one intended by the author$ • Interpreting words or phrases separately may limit the e tent of the application of the pro!ision . in repealing a statute. should be continued to be recei!edR • @eldD Mes$ Proper interpretation of section*: RA 8. /ntermediate Appe##ate Co%rt • &ase of wire tapping • 4here is a pro!ision which states that B it shall be unlawful for any person. phrases should not be studied as detached=isolated e pressions o &onsider e!ery part in understanding the meaning of its part to produce a harmonious whole o )eaning of the law is borne in mind and not to be e tracted from a single word o )ost importantD E!ery part of the statute must be interpreted with reference to the conte t Aboiti' S*ipping Corp v.%a!ing clause • Pro!ision of law which operates to e cept from the effect of the law what the clause pro!ides. clauses.uire too much into the moti!es which influenced the legislati!e body unless the moti!e is stated or disclosed in the statute themsel!es$ • Aisporna v. to o!erhear" thus party line or telephone e tension is not included because the words in the pro!ision limit it to those that ha!e a physical interruption through a wiretap or the deliberate installation of de!ice to o!erhear$ (Remember the ma im noscitus a sociis because in here they applied an association with other words in construing the intention or limitation of the statute" +ationa# Tobacco Administration v. not being authoriAed by all the parties to any pri!ate communication or spo1en word to tap any wire or cable or by using any other de!ice or arrangement. by means of sa!ing clause • &onstruedD in light of intent by legislature • Ki!en strict or liberal meaning depending on nature of statute$ CHAPTER SI. usual to sa!e proceedings under the old law at the time the new law ta1es effect. CA • pointed out that words. may preser!e in the form of a sa!ing clause.aanan v. depends on the combination of first and second paragraph • /irst sentence states that Bsuch other additional compensation not otherwise specified as may be determined by the D') shall be deemed included in the standardiAed salary rates herein prescribed$C 4he • Intent ascertained from statute as whole • Legislati!e meaning and intent should be e tracted=ascertained from statutes as a whole (hence the titleL" o GhyR 'ecause the law is the best e positor of itself • Optima Statuti Interpretatio est ipsum statutum 3 the best interpreter of a statute is the statute itself .

• second sentence states Bsuch other additional compensation.+ not integrated into the standard shall continue to be authoriAed$C (you can as1 cheery na lang to e plain it. *+. being recei!ed by incumbents only as of #uly *.ually the handiwor1 of the same legislature Purpose or conte t as controlling guide • construe whole statute and ascertain the meaning of the words or phrases base on its conte t. whether in cash or in 1ind.uently held to pre!ail unless intent is otherwise • Ghat if the conflict cannot be harmoniAed and made to stand togetherR 3 one must in. it is sometimes affected to be la on the construction of grammar" • @armoniAe the parts of each other and it should be consistent with its scope and ob2ect Ki!ing effect to statute as a whole • Ghy construe a statute as a wholeR 3 'ecause it implies that one part is as important as the other • Ghat if the pro!ision=section is unclear by itselfR 3 One can ma1e it clear by reading and construing it in relation to the whole statute • @ow do you properly and intelligently construe a pro!ision=statuteR 3 .uence of the ruleD pro!ision of a statute should not be construed as to nullify or render another nugatory in the same statute • Interpretatio fienda est et res magis !aleat .6 of PD *7:+ (ad!erse claim shall be effecti!e for a period of -6 days from the date of the registrationL" care should be ta1en to ma1e e!ery part effecti!e %pecial and general pro!isions in same statute • special would o!errule the general • special must be operati!eH general affect only those it applies • e cept to general pro!ision &onstruction as not to render pro!ision nugatory • another conse.uam pereat 3 a law should be interpreted with a !iew to upholding rather than destroying o Do not construe a statute wherein one portion will destroy the other o A!oid a construction which will render to pro!ision inoperati!e Reason for the rule • because of the presumption that the legislature has enacted a statute whose pro!isions are in harmony and consistent with each other and that conflicting intentions is the same statute are ne!er supported or regarded Pualification of rule • Ghat if the parts cannot be harmoniAed or reconciled without nullifying the otherR 3 Rule is for the court to re2ect the one which is least in accord with the general plan of the whole statute • Ghat if there is no choiceR 3 the latter pro!ision must !acate the formerH last in order is fre.uire into the circumstances of their passage &onstruction as to gi!e life to law . harmonious and sensible (adopt a construction which would gi!e effect to e!ery part of the of the statute"  Ft res magis !aleat .waysD (*" Fnderstand its meaning and scopeH (:" apply to an actual caseH (-" courts should consider the whole act itself • Ghy should e!ery part of the statute be gi!en effectR 3 'ecause it is enacted as an integrated measure not a hodgepodge of conflicting pro!isions • Gays on how the courts should construe a statute (according to "ep%b#ic v. the nature of the sub2ect. is the reconciling and harmoniAing conflicting pro!isions because it is by this that the statute will be gi!en effect as a whole$ "P v. ang haba ng nasa boo1  " statconD do not isolate or detach the parts$ &onstruing a statute as a whole includes reconciling and harmoniAing conflicting pro!isions • Ghy is it a must for courts to harmoniAe conflicting pro!isionR 3 'ecause they are e. it does not ha!e 2urisdiction o!er criminal cases$ Sa-onas v. letters of the statutes. and purpose or intention of the legislati!e body who enacted the statute • gi!e it a reasonable construction • Leeway are accepted on grammatical construction. CA • IssueD whether or not an appeal of cases in!ol!ing 2ust compensation should be made first by DARA' before R4& under %ec$ 7. "eyes"D o Interpret the thought con!eyed by the statute as whole o &onstrue constituent parts together o Ascertain legislati!e intent form whole part o &onsider each and e!ery pro!ision in light of the general purpose o )a1e e!ery part effecti!e. • @eldD %& said that the contention of the Republic and the Land 'an1 in the affirmati!e side has no merit because although DARA' is granted a 2urisdiction o!er agrarian reform matters.uam pereat 3 the construction is to be sought which gi!es effect to the whole of the statute 3 of its e!ery word$ Apparently conflicting pro!isions reconciled • included in the rule of construing statute as a whole. CA • IssueD what period an ad!erse claim annotated at the bac1 of a transfer certificate effecti!eR • @eldD In construing the law %ec$ . rhetorical framewor1 if it can pro!ide a clear and definite purpose of the whole statute ( as long as it can produce a clear and definite statutes.

uam pereat 3 interpretation will gi!e the efficacy that is to be adopted$ • • @eldD to say that the land is patrimonial will render nugatory and a surplusage the phrase of the law to the effect that the &ity of )anila Bis hereby authoriAed to lease or sellC A sale of public dominion needs a legislati!e authoriAation. !ague. refers to the heads of city departments that may be created after the law too1 effect. =>? v. ehR huhR 0 cherry will e plain it na lang Z . one is constitutional and the other is unconstitutionalR AD 4he construction that should be adopted should be the one that is constitutional and the one that will render it in!alid should be re2ected$ • 4he &ourt should fa!or the construction that gi!es a statute of sur!i!ing the test of constitutionality • 4he &ourt cannot in order to bring a statute within the fundamental law. and does not embrace the city engineer$ 4o rule otherwise is to render the first con2unction BandC before the words Bfire departmentC a superfluity and without meaning at all 1ytengs% v "ep%b#ic • IssueD whether the re.. CA • IssueD whether the reclaimed land is patrimonial or public dominionR %tatute and its amendments construed together • rule applies to the construction and its amendments • Ghate!er changes the legislature made it should be gi!en effect together with the other parts$ A#meda v. of the &ity &harter of Dagupan &ityR • @eldD the phrase refers to the ne t general election after the city came into being and not the one after its organiAation by Presidential Proclamation$ +iere v. the city mayor does not ha!e such power$ 4he phrase Band other heads and other employees of such departments as may be createdC whom the mayor can appoint.• • • pro!ide sensible interpretation to promote the ends of which they were enacted construct them in a reasonable and practical way to gi!e life to them Interpretatio fienda es ut res magis !aleat .uirement refers to actual or physical residence because to construe it otherwise is to render the clause a surplusage$ • An applicant for naturaliAation must be actually residing in the Philippines from the filing of the petition for naturaliAation to its determination by the court Mani#a Lodge +o. T%vera • this is the case regarding Art$ : of the &i!il &ode especially the phrase Bunless otherwise pro!idedC$ • %tatconD one should understand that if the phrase refers to the publication itself it would !iolate the constitution (since all laws should be made public" Yif malabo.uirement the re. a#a#ong • IssueD how to constru Bne t general electionC in %ec$ . amend it by construction TaEada v. while a patrimonial land does not$ &onstruction to a!oid surplusage • construe the statute to ma1e no part or pro!ision thereof as surplasage • each and e!ery part should be gi!en due effect and meaning • do not construe a legal pro!ision to be a useless surplusage and meaningless • e ert all efforts to pro!ide the meaning$ GhyR 'ecause of the presumption that the legislature used the word or phrase for a purpose Application of rule Me-ia v. CF/ of +egros Occidenta# • IssueD does the city mayor ha!e the power to appoint a city engineer pursuant to %ec$ * of the &ity &harter of La &arlote • @eldD no. F#orentino • Law 0 Bthe municipal board shall ha!e a secretary who shall be appointed by it to ser!e during the term of office of the members thereofC • Amendment 0 Bthe !ice3mayor shall appoint all employees of the board who may be suspended or remo!ed in accordance with lawC • &onstruction of both Law and Amendment 0 the power of the !ice3mayor to ma1e appointment pursuant to the amendatory act is limited to the appointment of all employees of the board other than the board secretary who is to be appointed by the board itself STATUTE CONSTRUED IN RELATION CONSTITUTION AND OTHER STATUTES TO %tatute construed in harmony with the &onstitution • &onstitution3 the fundamental law to which all laws are subser!ient • Keneral RuleD Do not interpret a statute independent from the constitution • &onstrue the statute in harmony with the fundamental lawD GhyR 'ecause it is always presumed that the legislature adhered to the constitutional limitations when they enacted the statute • It is also important to understand a statute in light of the constitution and to a!oid interpreting the former in conflict with the latter • Ghat if the statute is susceptible to two constructions.uirement for naturaliAation that the applicant Bwill reside continuously in the Philippines from the date of the filing of the petition up to the time of his admission to Philippine citiAenshipC refers to actual residence or merely to legal residence or domicile • @eldD such re.

%tatutes in Pari Materia • pari materia 3 refers to any the followingD o same person or thing o same purpose of ob2ect o same specific sub2ect matter • Later statutes may refer to prior laws$ • Ghat if the later law ha!e no reference to the prior law. .e vote t*ose researc*ers insteadG 4%n #ang. Concepcion • criminal case  Article *:(*" e empting circumstance (imbecile or insane" • %tatconD the phrase Bshall not be permitted to lea!e without first obtaining permission of the same courtC should be reconciled with another statute that states Bany patient confined in a mental institution may be released by the Director of @ealth once he is cured$ 4he Director shall inform the 2udge that appro!ed the confinementC$ 4hese two statutes refers to a person • • . did Lito Lapid. t*e prior #a.#edgeab#e on t*e #a. once he !iolates those that are stated in remo!al statutes$ C*in O* Foo v. b%t / .onder *o. @*y donDt . does that mean they are not in pari materiaR 3 5o$ It is sufficient that they ha!e the same sub2ect matter$ • Ghen is a statute not in pari materiaR 3 4he conditions abo!e are the determinants of ascertaining if a statute is in pari materia. etc kne. Loi E-ercito. t*e actors fitG /m not discriminating b%t *o.. Madaming namamatay sa aka#a. construe it as a whole$ 'ut also bear in mind that it should also be in harmony with other e isting laws" • &onstrue statutes in pari materia together to attain the purpose of an e press national policy • Ghy should they be construed togetherR 3 'ecause of the assumption that when the legislature enacted the statutes they were thin1ing of the prior statute$ Prior statutes relating to the same sub2ect matter are to be compared with the new pro!isions$ • Again it is important to harmoniAe the statutes$ &ourts should not render them in!alid without ta1ing the necessary steps in reconciling them o there is an irreconcilable repugnancy between the two$ In the case of BimpliedC the doubt will be resol!ed against the repeal or amendment and in fa!or of the harmoniAation of the laws on the sub2ect (later will ser!e as a modification" Reasons why laws on same sub2ect are reconciled • : main reasonsD o 4he presumption that the legislature too1 into account prior laws when they enacted the new one$ Borbiter dict%m ni c*erryF t*is c*apter keeps pointing o%t t*at t*e #egis#at%re are kno. "o$%e • IssueD the phrase unless sooner remo!ed of a statute that states Bthe mayor shall hold office for four years unless sooner remo!edC • statconD the court held that the phrase should be construed in relation to remo!al statutes$ 4hus the phrase meant that although the mayor cannot be remo!ed during his term of office.*o#e pres%mption t*at t*e #egis#at%re is kno.#edgeab#e. thus e!en if two statutes are under the same broad sub2ect as along as their specific sub2ects are not the same.sG / *eard t*ey *ave researc*ers .S/S • there were no facts gi!en in the boo1 e cept that it was in this case that in pari materia was e plained well$ 4he e planation are the same in the aforementioned • Other things to consider in constructing statutes which are in pari materia o @istory of the legislation on the sub2ect o Ascertain the uniform purpose of the legislature o Disco!er the policy related to the sub2ect matter has been changed or modified o &onsider acts passed at prior sessions e!en those that ha!e been repealed Distingue tempora et concordabis 2ura 0 distinguish times and you will harmoniAe laws In cases of two or more laws with the same sub2ect matterD o Puestion is usually whether the later act impliedly repealed the prior act$ o RuleD the only time a later act will be repealed or amended is when the act itself states so (that it supersedes all the prior acts" or when Illustration of the rule (in pari materia" Lacson v. / *ave been reading t*e .*o do it for t*em. /s agpa#o sti## a#iveG*a*a*a " o 'ecause enactments of the same legislature on the same sub2ect are supposed to form part of one uniform system (GhyR 'ecause later statutes are supplementary to the earlier enactments"  If possible construe the two statutes wherein the pro!isions of both are gi!en effect Ghere harmoniAation is impossible • Earlier law should gi!e way to the later law because it is the BcurrentC or later e pression of the legislati!e will 2da de 1rbano v. they are 5O4 in pari material @ow statutes in Pari Materia construed • Interpretare et concordare leges legibus est optimus interpretandi modus 0 e!ery statute must be so construed and harmoniAed with other statutes as to form a uniform system of 2urisprudence (parang ganun din nung first part.

thus it is an e ception to the Bgeneral 2urisdictionC of the R4& .erage A%t*ority • /actsD R$A$ +*: (:" states that in construction or repair wor1 underta1en by the Ko!ernment. to continue to engage therein until his !oluntary retirement from such business. *+79 is actually engaged in retail.orks and Se.uiring that preference be made in the purchase and use of Phil$ )ade materials and products • @eldD 4he %& relates the two statutes as in pari materia and they should be construed to attain the same ob2ecti!e that is to gi!e preference to locally produced materials$ Cabada v. +ationa# @ater. v. thus all brea1ages deri!ed from all races should be distributed and allocated in accordance with E ecuti!e Orders because no law should be !iewed in isolation$ (supplementary" Keneral and special statutes • Keneral statutes3 applies to all of the people of the state or to a particular class of persons in the state with e.. Paya. as a bureau. as to form a unified system of 2urisprudence %tatconD if RA' fails to decide an appealed case within 86 days from receipt of the notice of appeal.." gi!es nati!e products preference in the purchase of articles by Ko!ernment. Percides • /actsD a alien who operated a retail store in &ebu decided to close his &ebu store and transfer it to Dumaguete$ R4L (retail trade law" and 4a &ode %ec$ *++ were the statutes ta1en into consideration in this case$ 4he former authoriAes any alien who on )ay *7. but not to establish or open additional stores for retail business$ 4he latter pro!ides that any business for which the pri!ilege ta has been paid may be remo!ed and continued in any other place without payment of additional ta $ • IssueD whether the transfer by the alien from &ebu to Dumaguete can be considered as a !oluntary retirement from business$ • @eldD 5o$ Although the trial court affirmed the . including go!ernment owned or controlled corporations$ • IssueD interpretation of two statutes re.7 regarding finality of disciplinary action • 4he court held that the BgapC in the law which is silent on filing appeals from decisions of the RA' rendered within the reglementary period should be construed and harmoniAed with other statutes. of the reorganiAed DILK. !ernae' • %tatconD relation of RA **. its decision may still be appealed to the %ecretary of DILK Mani#a 6ockey C#%b /nc. v. thus they should be construed together$ 4heir construction would mean that in order for the patient to be release there should be an appro!al of both the court and the Director of @ealth$ 0ing v. A#%nan /// • IssueD whether or not an appeal lies from the decision of regional appellate board (RA'" imposing disciplinary action against a member of the P5P under %ec$ 97 of RA 8+. if the RA' has decided the appeal within 863day reglementary period.who was criminally charged but was pro!en to be an imbecile or insane. i$e$ %ec :(*".uestion. Philippine made materials and products.+ which allocated brea1ages therein specified$ 4hese two should be construed in pari materia. the appealed decision is deemed final and e ecutory. as compared to the latter which is general law. CA • IssueD who was entitled to brea1ages (*6N di!idend of winning horse race tic1ets" • %tatconD 4here are two statutes that should be considered$ RA -6+ (amended by 88-* ?88-:" is silent on the matter but the practice is to use brea1ages for anti boo1ie dri!e and other sale promotions$ E$O$ . the %& ruled otherwise stating that R4& o!erloo1ed the clear pro!ision of %ec$ *++$ C 3 C Commercia# Corp v.6 (Retail 4rade 5ationaliAation Act" to &ommonwealth Act *6. &onstitution because the P5P • is part. (Anti Dummy Law" Dia#das v. the special shall pre!ail since the legislati!e intent is more clear thus it must be ta1en as intended to constitute an e ception$ o 4hin1 of it as one general law of the land while the other applies only to a particular case • Ghat if the special law is passed before the general lawR It doesn(t matter because the special law will still be considered as an e ception unless e pressly repealed$ So#id !omes /nc.ual force$ o Fni!ersal in application • %pecial statutes3 relates to particular persons or things of a class or to particular portion or section of the state only • &onsidered as statutes in pari materia thus they should be read together and harmoniAed (and gi!en effect" • Ghat if there are two acts which contain one general and one specialR o If it produces conflict. Article IE3' of the *+. whene!er a!ailable shall be used in construction or repair wor1$ • /lag Law (&ommonwealth Act *-. ? . and the aggrie!ed party may forthwith appeal therefrom to the %ecretary of DILK$ Li1ewise.a# • /irst statute pro!ides that 5ational @ousing Authority shall ha!e e clusi!e 2urisdiction to hear and decide cases in!ol!ing unsound real estate (P$D$ 5o$ +7+"$ • %econd statute grants R4& general 2urisdiction o!er such cases$ • IssueD Ghich one will pre!ailR • @eldD 4he first statute will pre!ail because it is a special law.

ta1es the language used in its e act meaning. Ferrer • IssueD application of %ec$ .uitable consideration beyond the literal meaning of its terms • It is a close and conser!ati!e adherence to the literal or te tual interpretation • 4he antithesis of liberal construction Liberal construction. generally • &onstruction according to the letter of the statute.uitable consideration • 5ot to mean that statutes are construed in its narrowest meaning • It simply means that the scope of the statute shall not be e tended or enlarged by implication. intendment. Pryce Properties Corp • /actsD P$D$ 5o$ *.Magta-as v. and admits no e. purpose and terminology should each in its own field.. ha!e a li1e interpretation • Adoption of contemporaneous construction • in construing the reenacted statute. or e.fo the &ity &harter of )anila is !alid in the criminal complaint directly file by an offended party in the city court of 'acolodR • • @eldD 4he court ruled that the criminal complaint filed directly by the offended party is in!alid and it ordered the city court to dismiss it$ 4he pro!isions of the &ity &harter of )anila 'acolod on the same sub2ect are identically worded. hence they should recei!e the same construction$ RFLED two statutes with a parallel scope. empowers all go!ernment units to enact ordinances to pre!ent and suppress gambling and other games of chance$ • %taconD 4hese two should be harmoniAed rather than annulling one and upholding the other$ &ourt said that the solution to this problem is for the go!ernment units to suppress and pre!ent all 1inds of gambling e cept those that are allowed under the pre!ious law Leveri'a v. a later law. the court should ta1e into account prior contemporaneous construction and gi!e due weight and respect to it$ Pualification of the rule • rule that is aforementioned is applicable only when the statute is capable of the construction gi!en to it and when that construction has become a settled rule of conduct Adopted statutes • a statute patterned after a statute of a foreign country$ • &ourt should ta1e into consideration how the courts of other country construe the law and its practices CHAPTER SEVEN: Str! t or L!*era' Constru t!on IN GENERAL Kenerally • Ghether a statute is to be gi!en a strict or liberal construction will depend upon the followingD  4he nature of the statute  4he purpose to be subser!ed  4he mischief to be remedied • PurposeD to gi!e the statute the interpretation that will best accomplish the end desired and effectuate legislati!e intent %trict construction. which recogniAes nothing that is not e pressed. the prior (special" law should pre!ail Reason for the rule • the special law is considered an e ception to the general law (as long as same sub2ect" Pualification of the rule • 4he rule aforementioned is not absolute$ • E ceptionsD o If the legislature clearly intended the general enactment to co!er the whole sub2ect and to repeal all prior laws inconsistent therewith o Ghen the principle is that the special law merely establishes a general rule while the general law creates a specific and special rule Reference statutes • a statute which refers to other statutes and ma1es them applicable to the sub2ect of legislation • used to a!oid encumbering the statute boo1s of unnecessary repetition • should be construed to harmoniAe and gi!e effect to the adopted statute$ %upplemental statutes • Intended to supply deficiencies in e isting statutes • %upplemental statutes should be read with the original statute and construed together Reenacted statutes • statute which reenacts a pre!ious statute or pro!ision$ • Reproducing an earlier statute with the same or substantially the same words$ Monte#ibano v. /ntermediate Appe##ate Co%rt • RA . defined .8 empowers the general manager of the &i!il Aeronautics Administration to lease real property under its administration$ • Administrati!e &ode authoriAes the President to e ecute a lease contract relating to real property belonging to the republic • @ow do you apply the ruleR 3 In this case.8+ authoriAed PAK&OR to centraliAe and regulate all games of chance$ • LK& of *++*.

• • •

E.uitable construction as will enlarge the letter of a statute to accomplish its intended purpose, carry out its intent, or promote 2ustice 5ot to mean enlargement of a pro!ision which is clear, unambiguous and free from doubt It simply means that the words should recei!e a fair and reasonable interpretation, so as to attain the intent, spirit and purpose of the law

&onstrue in the light of the growth of ci!iliAation and !arying conditions o 4he interpretation that Bif the man is too long for the bed, his head should be chopped off rather than enlarge the old bed or purchase a new oneC should 5O4 be gi!en to statutes

STATUTES STRICTLY CONSTRUED Penal statutes, generally • Penal statutes are those that define crimes, treat of their nature and pro!ide for their punishment o Acts of legislature which prohibit certain acts and establish penalties for their !iolation • 4hose which impose punishment for an offense committed against the state, and which the chief e ecuti!e has the power to pardon • A statute which decrees the forfeiture in fa!or of the state of une plained wealth ac.uired by a public official while in office is criminal in nature Penal statutes, strictly construed • Penal statutes are strictly construed against the %tate and liberally construed in fa!or of the accused o Penal statutes cannot be enlarged or e tended by intendment, implication, or any e.uitable consideration o 5o person should be brought within its terms if he is not clearly made so by the statute o 5o act should be pronounces criminal which is not clearly made so Peo v. Atop • %ec$ ** of RA ,87+, which amended Art$ --7 of the RP&, pro!ides that the death penalty for rape may be imposed if the Boffender is a parent, ascendant, step3 parent, guardian, relati!e by consanguinity or affinity within the -rd ci!il degree, or the common3law spouse of the parent of the !ictimC • Is the common3law husband of the girl(s grandmother includedR • 5oS &ourts must not bring cases within the pro!isions of the law which are not clearly embraced by it$ o 5o act can be pronounced criminal which is not clearly within the terms of a statute can be brought within them$ o Any reasonable doubt must be resol!ed in fa!or of the accused • %trict construction but not as to nullify or destroy the ob!ious purpose of the legislature o If penal statute is !ague, it must be construed with such strictness as to carefully %A/EKFARD the RIK@4% of the defendant and at the same time preser!e the ob!ious intention of the legislature o &ourts must endea!or to effect substantial 2ustice

Liberal construction applied, generally • Ghere a statute is ambiguous, the literal meaning of the words used may be re2ected if the result of adopting said meaning would be to defeat the purpose of the law • 1t res magis va#eat $%am pereat & that construction is to be sought which gi!es effect to the whole of the statute 0 its e!ery word Liberal &onstruction E.uitable construction as will enlarge the letter of a statute to accomplish its intended purpose, carry out its intent, or promote 2ustice Legitimate e ercise of 2udicial power • #udicial Interpretation Act of the court in engrafting upon a law something which it belie!es ought to ha!e been embraced therein /orbidden by the tripartite di!ision of powers among the - departments of go!ernment A statute may not be liberally construed to read into it something which its clear and plain language re2ects

&onstruction to promote social 2ustice • %ocial 2ustice must be ta1en into account in the interpretation and application of laws • %ocial 2ustice mandate is addressed or meant for the three departmentsD the legislati!e, e ecuti!e, and the 2udicial • %ocial 2ustice (included in the &onstitution" was meant to be a !ital, articulate, compelling principle of public policy • It should be obser!ed in the interpretation not only of future legislations, but also of laws already e isting on 5o!ember *7, *+-7$ • It was intended to change the spirit of our laws, present and future$ &onstruction ta1ing into consideration general welfare or growth ci!iliAation • &onstrue to attain the general welfare • Sa#%s pop%#i est s%prema #e) & the !oice of the people is the supreme law • Stat%ta pro p%b#ico commodo #ate interpretant%r & statutes enacted for the public good are to be construed liberally • 4he reason of the law is the life of the lawH the reason lies in the soil of the common welfare • 4he 2udge must go out in the open spaces of actuality and dig down deep into his common soil, if not, he becomes subser!ient to formalism

Centeno v. 2i##a#onAPorni##os • PD *789, which punishes a person who solicits or recei!es contribution for Bcharitable or public welfare purposesC without any permit first secured from the Department of %ocial %er!ices, DID 5O4 include Breligious purposesCC in the acts punishable, the law &A55O4 be construed to punish the solicitation of contributions for religious purposes, such as repair or reno!ation of the church Reason why penal statutes are strictly construedg • 4he law is tender in fa!or of the rights of the indi!idualH • 4he ob2ect is to establish a certain rule by conformity to which man1ind would be safe, and the discretion of the court limited • Purpose of strict construction is 5O4 to enable a guilty person to escape punishment through technicality but to pro!ide a precise definition of forbidden acts Acts ma#a in se and ma#a pro*ibita • Keneral ruleD to constitute a crime, e!il intent must combine with an act • Act%s non facit re%m nisi mens sit rea & the act itself does not ma1e a man guilty unless his intention were so • Act%s me invite fact%s non est me%s act%s & an act done by me against my will is not my act )ala in se &riminal intent, apart from the act itself is re.uired RP& • )ala prohibita 4he only in.uiry is, has the law been !iolated %pecial penal laws

Peo v. Manantan • 4he rule that penal statutes are gi!en a strict construction is not the only factor controlling the interpretation of such laws • Instead, the rule merely ser!es as an additional single factor to be considered as an aid in detrmining the meaning of penal laws Peo v. P%risima • 4he language of the a statute which penaliAes the mere carrying outside of residence of bladed weapons, i$e$, a 1nife or bolo, not in connection with one(s wor1 or occupation, with a !ery hea!y penalty ranging from 73 *6 years of imprisonment, has been narrowed and strictly construed as to include, as an additional element of the crime, the carrying of the weapon in furtherance of rebellion, insurrection or sub!ersion, such being the e!il sought to be remedied or pre!ented by the statute as disclosed in its preamble A'arcon v. Sandiganbayan • IssueD whether a pri!ate person can be considered a public officer by reason if his being designated by the 'IR as a depository of distrained property, so as to ma1e the con!ersion thereof the crime of mal!ersation • @eldD 5OS the 'IR(s power authoriAing a pri!ate indi!idual to act as a depository cannot include the power to appoint him as public officer • A pri!ate indi!idual who has in his charge any of the public funds or property enumerated in Art ::: RP& and commits any of the acts defined in any of the pro!isions of &hapter 9, 4itle , of the RP&, should li1ewise be penaliAed with the same penalty meted to erring public officers$ 5owhere in this pro!ision is it e pressed or implied that a pri!ate indi!idual falling under said Art ::: is to be deemed a public officer Limitation of rule • Limitation I* 0 Ghere a penal statute is capable of : interpretations, one which will operate to e empt an accused from liability for !iolation thereof and another which will gi!e effect to the manifest intent of the statute and promote its ob2ect, the latter interpretation should be adopted 1S v. ,o C*ico • A law punishes the display of flags Bused duringC the insurrection against the F% may not be so construed as to e empt from criminal liability a person who displays a replica of said flag because said replica is not the one BusedC during the rebellion, for to so construe it is to nullify the statute together • Ko &hico is liable though flags displayed were 2ust replica of the flags Bused duringC insurrection against F% • Limitation I: 0 strict construction of penal laws applies only where the law is ambiguous and there is doubt as to its meaning

@owe!er, if special penal laws use such words as Bwillfully, !oluntarily, and 1nowinglyC intent must be pro!edH thus good faith or bad faith is essential before con!iction

Application of rule Peo v. 4adao • A statute which penaliAes a Bperson assisting a claimantC in connection with the latter(s claim for !eterans benefit, does not penaliAe Bone who O//ER% to assistC S%y v. Peop#e • Ghere a statute penaliAes a store owner who sells commodities beyond the retail ceiling price fi ed by law, the ambiguity in the EO classifying the same commodity into : classes and fi ing different ceiling prices for each class, should be resol!ed in fa!or of the accused Peo v. Terreda • %horter prescripti!e period is more fa!orable to the accused

Peo v. ,atc*a#ian • A statute re.uires that an employer shall pay a minimum wage of not less than a specified amount and punishes any person who willfully !iolates any of its pro!isions • 4he fact that the nonpayment of the minimum wage is not specifically declared unlawful, does not mean that an employer who pays his employees less than the prescribed minimum wage is not criminally liable, for the nonpayment of minimum wage is the !ery act sought to be en2oined by the law %tatutes in derogation of rights • Rights are not absolute, and the state, in the e ercise of police power, may enact legislations curtailing or restricting their en2oyment • As these statutes are in derogation of common or general rights, they are generally strictly construed and rigidly confined to cases clearly within their scope and purpose • E amplesD o %tatutes authoriAing the e propriation of pri!ate land or property o Allowing the ta1ing of deposition o /i ing the ceiling of the price of commodities o Limiting the e ercise of proprietary rights by indi!idual citiAens o %uspending the period of prescription of actions • Ghen : reasonably possible constructions, one which would diminish or restrict fundamental right of the people and the other if which would not do so, the latter construction must be adopted so as to allow full en2oyment of such fundamental right %tatutes authoriAing e propriations • Power of eminent domain is essentially legislati!e in nature • )ay be delegated to the President, LKFs, or public utility company • E propriation plus 2ust compensation • A derogation of pri!ate rights, thus strict construction is applied • %tatutes e propriating or authoriAing the e propriation of property are strictly construed against the e propriating authority and liberally in fa!or of property owners %tatutes granting pri!ileges • %tatutes granting ad!antages to pri!ate persons or entities ha!e in many instances created special pri!ileges or monopolies for the grantees and ha!e thus been !iewed with suspicion and strictly construed • Privi#egia recipient #argam interpretationem vo#%ntati consonam concedentis & pri!ileges are to be interpreted in accordance with the will of him who grants them • And he who fails to strictly comply with the will of the grantor loses such pri!ileges

%t%an Sa;mi##. /nc. v. ayvie; T*eater. /nc • Ghere an entity is granted a legislati!e franchise to operate electric light and power, on condition that it should start operation within a specified period, its failure to start operation within the period resulted in the forfeiture of the franchise Legislati!e grants to local go!ernment units • Krants of power to local go!ernment are to be construed strictly, and doubts in the interpretation should be resol!ed in fa!or of the national go!ernment and against the political subdi!isions concerned • ReasonD there is in such a grant a gratuitous donation of public money or property which results in an unfair ad!antage to the grantee and for that reason, the grant should be narrowly restricted in fa!or of the public %tatutory grounds for remo!al of officials • %tatutes relating to suspension or remo!al of public officials are strictly construed • ReasonD the remedy of remo!al is a drastic one and penal in nature$ In2ustice and harm to the public interest would li1ely emerge should such laws be not strictly interpreted against the power of suspension or remo!al Oc*ate v. De#ing • Krounds for remo!al 0 Bneglect of duty, oppression, corruption or other forms of maladministration in officeC o Bin officeC 0 a .ualifier of all acts$ o )ust be in relation to the official as an officer and not as a pri!ate person !ebron v "eyes • Procedure for remo!al or suspension should be strictly construed • %tatuteD local electi!e officials are to be remo!ed or suspended, after in!estigation, by the pro!incial board, sub2ect to appeal to the President • President has no authority on his own to conduct the in!estigation and to suspend such electi!e official 5aturaliAation laws • 5aturaliAation laws are strictly construed against the applicant and rigidly followed and enforced • 5aturaliAation is statutory than a natural right %tatutes imposing ta es and customs duties • 4a statutes must be construed strictly against the go!ernment and liberally in fa!or of the ta payer • Power to ta in!ol!es power to destroy • 4a ing act are not to be e tended by implication • 4a statutes should be clearly, e pressly, and unambiguously imposed • Reason for strict constructionD ta ation is a destructi!e power which interferes with the personal property rights of the people and ta1es from them a portion of their property for the support of the go!ernment

%tatutes granting ta e emptions • Law frowns against e emption from ta ation because ta es are the lifeblood of the nation • Laws granting ta e emptions are thus construed strictissimi -%ris against the ta payer and liberally in fa!or of the ta ing authority • 'urden of proof 0 on the ta payer claiming to be e empted • 'asis for strict construction 0 to minimiAe the different treatment and foster impartiality, fairness, and e.uality of treatment among ta payers • 4a e emptions are not fa!ored in law, nor are they presumed$ C/" v. CA • IssueD whether containers and pac1aging materials can be credited against the miller(s deficiency ta • 'IR claimed that there should be no ta credit • @eldD pro!iso should be strictly construed to apply only to raw materials and not to containers and pac1ing materials which are not raw materialsH hence, the miller is entitled to ta credit • Restriction in the pro!iso is limited only to sales, miller(s e cise ta es paid Ton raw materials used in the milling process( eng%et Corporation v. Cenrtra# oard of Assessment Appea#s • PD *+77 withdrew all ta e emptions, e cept those embodied in the Real Property &ode, a law which grants certain industries real estate ta e emptions under the Real Estate &ode • &ourts cannot e pand e emptiom

La Car#ota S%gar Centra# v. 6imene' • %tatuteD ta pro!ided shall not be collected on foreign e change used for the payment of BfertiliAers when imported by planters or farmers directly or through their cooperati!esC • 4he importation of fertiliAers by an entity which is neither a planter nor a farmer nor a cooperati!e of planters or farmers is not e empt from payment of the ta , e!en though said entity merely acted as agent of planter or farmer as a sort of accommodation without ma1ing any profit from the transaction, for the law uses the word BdirectlyC which means without anyone inter!ening in the importation and the phrase Bthrough their cooperati!esC as the only e emption C/" v. P*i#. Acety#ene Co. • %ee page -67 • Power of ta ation if a high prerogati!e of so!ereignty, its relin.uishment is ne!er presumed and any reduction or diminution thereof with respect to its mode or its rate must be strictly construed

P*i#. Te#egrap* and Te#ep*one Corp. v. COA • On Bmost fa!ored treatment clauseC • : franchisee are not competitors • 4he first franchisee is will not en2oy a reduced rate of ta on gross receipts Pualification of rule • %trict construction does not apply in the case of ta e emptions in fa!or of the go!ernment itself or its agencies • Pro!isions granting e emptions to go!ernment agencies may be construed liberally in fa!or of non3ta liability of such agencies • 4he e press e emption should not be construed with the same degree of strictness that applies to e emptions contrary to policy of the state, since as to such property e emption is the rule and the ta ation is the e emption • E$g$ ta e emption in fa!or of 5APO&OR 0 whether direct or indirect ta es, e empted %tatutes concerning the so!ereign • Restricti!e statutes which impose burdens on the public treasury or which diminish rights and interests are strictly construed$ • Fnless so specified, the go!ernment does not fall within the terms of any legislation A##iance of ,overnment @orkers v. Minister of Labor and Emp#oyment • PD ;7* 0 re.uires BemployersC to pay a *-th month pay to their employees • BemployersC does not embrace the RP, the law not ha!ing e pressly included it within its scope %tatutes authoriAing suits against the go!ernment

Esso Standard Eastern. /nc. v Acting Commissioner of C%stoms • Ghere a statute e empts from special import ta , e.uipment Bfor use of industries,C the e emption does not e tend to those used in dispensing gasoline at retail in gasoline stations C/" v. Mani#a 6ockey C#%b. /nc. • %tatuteD Bracing club holding these races shall be e empt from the payment of any municipal or national ta C • &annot be construed to e empt the racing club from paying income ta on rentals paid to it for use of the race trac1s and other paraphernalia, for what the law e empts refers only to those to be paid in connection with said races L#adoc v. C/" • %tatuteD e emption from ta ation charitable institutions, churches, parsonages or co!enants appurtenant thereto, mos.ues, and non3profit cemeteries, and all lands buildings, and impro!ements actually, directly, and e clusi!ely used for religious or charitable purposes • E emption only refer to property ta es and not from all 1inds of ta es

v. for damage to cargo • %tate3immunity may not be circum!ented by directing the action against the officer of the state instead of the state itself o 4he state(s immunity may be !alidly in!o1ed against the action A% LO5K A% I4 &A5 'E %@OG5 that the suit really affects the property. apply the law as it is stated • • %tatutes prescribing formalities of the will • %trictly construed. promote the prosperity. C%stoms Arrastre Services • 4he law authoriAing the 'ureau of &ustoms to lease arrastre operations. &onstitution 0 B4he %tate may not be sued without its consentC o Keneral ruleD so!ereign is e empt from suit o E ceptionD in the form of statute.. land reform laws.uires E ceptions and pro!isos • %hould be strictly but reasonably construed • All doubts should be resol!ed in fa!or of the general pro!ision rather than the e ceptions o @owe!er. and social security laws Tamayo v. when it underta1es to conduct arrastre ser!ices itself. who are not among those e cepted are entitled to the holiday pay • Labor laws construed 0 the wor1ingman(s welfare should be the primordial and paramount consideration o Article 9 5ew Labor &ode 0 Ball doubts in the implementation and interpretation of the pro!isions of the Labor &ode including its implementing rules and regulations shall be resol!ed in fa!or of laborC Liberal construction applies only if statute is !ague. a proprietary function necessarily incident to its go!ernmental function. or interests of the state and not merely those of the officer nominally made party defendant E!en if the state consents.• • • Art$ E>I. tenancy laws. may 5O4 be construed to mean that the state has consented to be sued. Mani#a !ote# • Law grants employees the benefits of holiday pay e cept those therein enumerated • %tatcon 0 all employees. otherwise. always loo1 at the intent of legislators if it will accord reason and 2ustice Keneral welfare clause • : branches o One branch attaches to the main trun1 of municipal authority 0 relates to such ordinances and regulations as may be necessary to carry into effect and discharge the powers and duties conferred upon local legislati!e bodies by law o Other branch is much more independent of the specific functions enumerated by law 0 authoriAes such ordinances as shall seem necessary and proper to pro!ide for the health and safety. *+. law should 5O4 be interpreted to authoriAe garnishment of public funds to satisfy a 2udgment against go!ernment property o ReasonD  Public policy forbids it  Disbursement of public funds must be co!ered by a corresponding appropriation as re. %ec$ -.uirement of warrant of arrest or search warrant must be strictly construedH to do so would infringe upon personal liberty and set bac1 a basic right A preference is an e ception to the general rule A pro!iso should be interpreted strictly with the legislati!e intent o %hould be strictly construed o Only those e pressly e empted by the pro!iso should be freed from the operation of the statute STATUTES LI-ERALLY CONSTRUED Keneral social legislation • Keneral welfare legislations o 4o implement the social 2ustice and protection3to3labor pro!isions of the &onstitution o &onstrued liberally o Resol!e any doubt in fa!or of the persons whom the law intended to benefit o Includes the following 0 labor laws. impro!e . it is entirely !oid • 4he court is see1ing to ascertain and apply the intent of the legislators and not that of the testator. whether monthly paid or not.uirements. otherwise.uently defeated by the non3 obser!ance of what the statute re. wills must be e ecuted in accordance with the statutory re.uired by law  /unctions and ser!ice cannot be allowed to be paralyAed or disrupted by the di!ersion of public funds from their legitimate and specific ob2ects. which means. rights. /nc. as appropriated by law not to apply the rule that Ban e press e ception e cludes all othersC 4he rule on e ecution pending appeal must be strictly construed being an e ception to the general rule %ituations which allows e ceptions to the re. state may gi!e its consent to be sued  %tatute is to be strictly construed and wai!er from immunity from suit will not be lightly inferred +%##%m temp%s occ%rrit regi & there can be no legal right as against the authority that ma1es the law on which the right depends Reason for non3suability 0 not to sub2ect the state to incon!enience and loss of go!ernmental efficiency • • • • Mobi# P*i#. E)p#oration. and the latter(s intention is fre.

will not !itiate an election or 2ustify the re2ection of the entire !otes of a precinct  Against disenfranchisement  Remedy against election official who did not do his duty 0 criminal action against them Part :D o Pro!isions which candidates for office are re. a city..uired to perform are mandatory o 5on3compliance is fatal Part -D o Procedural rules which are designed to ascertain.uents nugatory Krant of power to local go!ernments • Old ruleD municipal corporations.parts o Pro!isions for the conduct of elections which election officials are re. fees. o!erwhelmingly and clearly e pressed. the actual winner in the elections  Different rules and canons or statutory construction go!ern such pro!isions of the election law • Part *D o Rules and regulations for the conduct of elections  'efore election 0 mandatory (part *"  After election 0 directory (part -" o Kenerally 0 the pro!isions of a statute as to the manner of conducting the details of an election are 5O4 mandatoryH and irregularities in conducting an election and counting the !otes.uired to perform o Procedural rules which are designed to ascertain. and charges sub2ect to such guidelines and limitations as the &ongress may pro!ide. and any doubt as to the e istence of the ta ing power will be resol!ed in fa!or of the local go!ernment %tatutes prescribing prescripti!e period to collect ta es • 'eneficial for both go!ernment and ta payer o 4o the go!ernment 0 ta officers are obliged to act promptly in the ma1ing of the assessments o 4o the ta payer 0 would ha!e a feeling of security against unscrupulous ta agents who will always find an e cuse to inspect the boo1s of ta payers • Laws on prescription 0 remedial measure 0 interpreted liberally affording protection to the ta payers Election laws • Election laws should be reasonably and liberally construed to achie!e their purpose • Purpose 0 to effectuate and safeguard the will of the electorate in the choice of their representati!es • .. social welfare. not preceding from any wrongful intent and which depri!es no legal !oter of his !otes. and material progress of the people in the community &onstrued with proprietary aspects. otherwise would cripple LKFs )ust be elastic and responsi!e to !arious social conditions )ust follow legal progress of a democratic way of life • • intention to hasten ta payments or to punish e!asions or neglect of duty in respect thereto liberal construction would render penalties for delin. good order of the LKF and the inhabitants thereof. in case of dispute. %ec 7 *+. and for the protection of the property therein &onstrued in fa!or of the LKFs 4o gi!e more powers to local go!ernments in promoting the economic condition. ha!e only such powers as are e pressly granted to them and those which are necessarily implied or incidental to the e ercise thereof • 5ew ruleD RA ::89 BLocal Autonomy ActC o %ec *: 0 Bimplied power of a pro!ince.&onstitution 0 inferences. and deductions ha!e no place in the interpretation of the ta ing power of a municipal corporation • 5ew &onstitution 0 Art$ E. in case of dispute. for to rule otherwise is to defeat the will of the electorate • • • %tatutes imposing penalties for nonpayment of ta • liberally construed in fa!or of go!ernment and strictly construed against the ta payer Amnesty proclamations . the actual winner in the elections are liberally construed o 4echnical and procedural barriers should not be allowed to stand if they constitute an obstacle in the choice of their electi!e officials /or where a candidate has recei!ed popular mandate. peace. all possible doubts should be resol!ed in fa!or of the candidates eligibility.uired to follow o Pro!isions which candidates for office are re.• • • • • the morals. or a municipality shall be liberally construed in its fa!or$ Any fair and reasonable doubt as to the e istence of the power should be interpreted in fa!or of the local go!ernment and it shall be presumed to e istC %tatutes granting ta ing power (on municipal corporations" • 'efore *+. consistent with the basic policy of local autonomyC o %tatutes prescribing limitations on the ta ing power of LKFs must be strictly construed against the national go!ernment and liberally in fa!or of the LKFs. implications. being mere creatures of law. &onstitution 0 Beach local go!ernment unit shall ha!e the power to create its own sources of re!enue and to le!y ta es.

C • Ghen does the period of prescription start 0 day of disco!ery or registration in the Register of DeedsR • @eldD /rom the time of registration • 5otice need not be actual for prescription to runH constructi!e notice is enough • )ore fa!orable to the accused if prescripti!e period is counted from the time of registration Adoption statutes • Adoption statutes are liberally construed in fa!or of the child to be adopted • Paramount consideration 0 child and not the adopters >eteran and pension laws • >eteran and pension laws are enacted to compensate a class of men who suffered in the ser!ice for the hardships they endured and the dangers they encountered in line of duty o E pression of gratitude to and recognition of those who rendered ser!ice to the country by e tending to them regular monetary benefit • >eteran and pension laws are liberally construed in fa!or of grantee De# Mar v. at the time of his courtesy resignation was accepted following ED%A Re!olution and establishment of a re!olutionary go!ernment under the /reedom &onstitution. e cept those who are actually recei!ing a similar pension from other go!ernment funds • %tatcon 0 Bgo!ernment fundsC refer to funds of the same go!ernment and does not preclude war !eterans recei!ing similar pensions from the F% Ko!ernment from en2oying the benefits therein pro!ided oard of Administrators 2eterans Admin v. if added to his age at the time. they should be so construed as to pre!ent a person from recei!ing double pension or compensation. so as to grant . a%tista • >eteran pension law is silent as to the effecti!ity of pension awards.uirement for retirement under the law but had accumulated a number of lea!e of credits which.uired age or length of ser!ice is not done discriminately • only if satisfied that the career of the retiree was mar1ed by competence. and hopefully e!en comfort when he no longer has the stamina to continue earning his li!elihood • @e deser!es the appreciation of a grateful go!ernment at best concretely e pressed in a generous retirement gratuity commensurate with the !alue and length of his ser!ice Orti' v. who Bretires from the ser!ice after ha!ing completed his term of office. P*i#. integrity. "eyes • Art$ +* RP& 0 Bperiod of prescription shall commence to run from the day the crime is disco!ered by the offended. it shall be construed to ta1e effect from the date it becomes due and 5O4 from the date the application for pension is appro!ed.• • • • Amnesty proclamations should be liberally construed as to carry out their purpose Purpose 0 to encourage to return to the fold of the law of those who ha!e !eered from the law E$g$ in case of doubt as to whether certain persons come within the amnesty proclamation. authorities. he lac1ed a few months to meet the age re.C when his courtesy resignation submitted in response to the call of the President following ED%A Re!olution is accepted • @eldD MesS Entitled to gratuity • Liberal construction • &ourtesy resignation 0 not his own will but a mere manifestation of submission to the will of the political authority and appointing power /n "e App#ication for . and dedication to the public ser!ice /n "e Martin • IssueD whether a 2ustice of the %&. entitled to gratuityS Liberal construction applied /n "e Pineda • E plained doctrine laid down in the pre!ious case • 4he crediting of accumulated lea!es to ma1e up for lac1 of re. the doubt should be resol!ed in their fa!or and against the state %ame rule applies to pardon since pardon and amnesty is synonymous the pensioner more benefits and to discourage inaction on the part of the officials who administer the laws C*ave' v.rat%ity enefits of Associate 6%stice Efren / P#ana • IssueD whether #ustice Plana is entitled to gratuity and retirement pay when.uirement • @eldD yes. COA • E plained liberal construction or retirement laws • Intention is to pro!ide for sustenance. 2eterans Admin • Ghere a statute grants pension benefits to war !eterans. COMELEC • IssueD whether a commissioner of &O)ELE& is deemed to ha!e completed his term and entitled to full retirement benefits under the law which grants him 73 year lump3sum gratuity and thereafter lifetime pension. who a!ailed of the disability retirement benefits pursuant to the pro!ision that Bif the reason for the retirement be any permanent disability contracted during his incumbency in office %tatutes prescribing prescriptions of crimes • Liberally construed in fa!or of the accused • Reason 0 time wears off proof and innocence • %ame as amnesty and pardon Peo v. Mat*ay • Ghile !eteran or pension laws are to be construed liberally. unless the law pro!ides otherwise Santiago v. would e ceed the age re.

uirement to enable him to retire with benefits of an old3age pension under %ec **(b" PD **98 • @owe!er.uired to be followed e cept only for the most persuasi!e reasons Cena v.• • and prior to the date of retirement he shall recei!e only a gratuity e.ui!alent to *6 years salary and allowances aforementioned with no further annuity payable monthly during the rest of the retiree(s natural lifeC is entitled to a monthly lifetime pension after the *63year period @eldD MesS *63year lump sum payment is intended to assist the stric1en retiree meeting his hospital and doctor(s bills and e penses for his support 4he retirement law aims to assist the retiree in his old age.uires O'EDIE5&E. but who has rendered less than *7 years of go!ernment ser!ice.uirementsH retroacti!e • Redemption laws 0 remedial in nature 0 construed liberally to carry out purpose.uest for e tension of compulsory retirees to complete the *73years ser!ice re. otherwise !oid • Directory statute 0 permissi!e or discretionary in nature and merely outlines the act to be done in such a way that no in2ury can result from ignoring it or that its purpose can be accomplished in a manner other than that prescribed and substantially the same result obtainedH confer direction upon a personH non3 performance of what it prescribes will not !itiate the proceedings therein ta1en Ghen statute is mandatory or directory • 5o absolute test to determine whether a statute is directory or mandatory • /inal arbiter 0 legislati!e intent . pro!ides that Bany re. or negati!ely that something be not doneH it re. which is to enable the debtor to ha!e his property applied to pay as many debtor(s liability as possible • %tatutes pro!iding e emptions from e ecution are interpreted liberally in order to gi!e effect to their beneficial and humane purpose • Laws on attachment 0 liberally construed to promote their ob2ects and assist the parties obtaining speedy 2ustice • Garehouse receipts 0 instrument of credit 0 liberally construed in fa!or of a bona fide holders of such receipts • Probation laws 0 liberally construed o PurposeD to gi!e first3hand offenders a second chance to maintain his place in society through the process of reformation • %tatute granting powers to an agency created by the &onstitution should be liberally construed for the ad!ancement of the purposes and ob2ecti!es for which it was created CHAPTER EIGHT: Man"ator) an" D!re tor) Statutes IN GENERAL Kenerally • )andatory and directory classification of statutes 0 importanceD what effect should be gi!en to the mandate of a statute )andatory and directory statutes. unconstitutionalS It is an administrati!e regulation which should be in harmony with the lawH liberal construction of retirement benefits Rules of &ourt • R& are procedural 0 to be construed liberally • Purpose of R& 0 the proper and 2ust determination of a litigation • Procedural laws are no other than technicalities. may be allowed to continue in the ser!ice to complete the *73year ser!ice re.uirement for retirement shall be allowed only to permanent appointees in the career ser!ice who are regular members of the K%I% and shall be granted for a period not e ceeding * year • @eldD &%& )emorandum &ircular 5o :. they are adopted not as ends in themsel!es but as means conduci!e to the realiAation of the administration of law and 2ustice • R& should not be interpreted to sacrifice substantial rights at the e pense of technicalities Case v. 6%go • Lapses in the literal obser!ance of a rule of procedure will be o!erloo1ed when they do not in!ol!e public policyH when they arose from an honest mista1e or unforeseen accidentH when they ha!e not pre2udiced the ad!erse party and ha!e not depri!ed the court of its authority • Literal stricture ha!e been rela ed in fa!or of liberal construction o Ghere a rigid application will result in manifest failure or miscarriage of 2ustice o Ghere the interest of substantial 2ustice will be ser!ed o Ghere the resolution of the emotion is addressed solely to the sound and 2udicious discretion of the court o Ghere the in2ustice to the ad!erse party is not commensurate with the degree of his Other statutes • &urati!e statutes 0 to cure defects in prior law or to !alidate legal proceedings which would otherwise be !oid for want of conformity with certain legal re. generally • )andatory statute 0 commands either positi!ely that something be done in a particular way. not to punish him for ha!ing sur!i!ed • thoughtlessness in not complying with the prescribed procedure Liberal construction of R& does not mean they may be ignoredH they are re. &%& )emorandum &ircular 5o :. CSC • IssueD whether or not a go!ernment employee who has reached the compulsory retirement age of 87 years.

CA • BmustC construed as directory • &orporation &ode %ec 98 reads B e!ery corporation formed under this &ode )F%4 within one month after receipt of official notice of the issuance of its certification of incorporation with the %E&. impossible.ners BSo%t*C Assn. it is mandatory 4est to determine nature of statute • 4est is to ascertain the conse. its ob2ect. he will only be sub2ect to administrati!e sanction for his failure to do what the law re. /nc.uences that will follow in case what the statute re. or when some antecedent and prere.uires Director of Land v.uisite conditions must e ist prior to the e ercise of the power.uired. or must be performed before certain other powers can be e ercised • o )ust or )ust not o Ought or Ought not o %hould or %hould not o &an or &annot Kenerally directory 0 permissi!e words o )ay or )ay not Fse of BshallC or BmustC • Kenerally. that is.of the corporation &ode 0 Bshares of stoc1 so issued are personal property and )AM be transferred by deli!ery of the certificate or certificated endorsed by the owner Language used • Kenerally mandatory 0 command words o %hall or %hall not . then it is mandatory • Depends on the effects of compliance o If substantial rights depend on it and in2ury can result from ignoring itH intended for the protection of the citiAens and by a disregard of which their rights are in2uriously affected 0 mandatory o Purpose is accomplished in a manner other than that prescribed and substantially the same results obtained 3 directory • %tatutes couched in mandatory form but compliance is merely directory in nature o If strict compliance will cause hardship or in2ustice on the part of the public who is not at fault o If it will lead to absurd. to matters of substanceH interpretation shows that the legislature intended a compliance with such pro!ision to be essential to the !alidity of the act or proceeding. it must rest upon something in the character of the legislation or in the conte t which will 2ustify a different meaning • 4he import of the word ultimately depends upon a consideration of the entire pro!ision. its nature.uires in petitions for land registration that Bupon receipt of the order of the court setting the time for initial hearing to be published in the OK and once in a newspaper of general circulation in the PhilippinesC • Law e pressly re. directory in nature • Fsed in procedural or ad2ecti!e lawsH liberally construed • E ampleD %ec 8. BshallC and BmustC is mandatory in nature • If a different interpretation is sought. adopt a code of by3laws for its go!ernment not inconsistent with this &odeC • PD +6:3A which is in pari materia# with the &orporation &ode states that the non3filing of the by3 laws does not imply the BdemiseC of the corporationH that there should be a notice and hearing before the certificate of registration may be cancelled by the failure to file the by3laws • One test whether mandatory or directory compliance must be made 0 whether non3compliance with what is re.uires is not done or what it forbids is performed • Does the law gi!e a person no alternati!e choiceR 0 if yes. and to other related statutes )andatory in form but directory in nature 0 possible Ghether a statute is mandatory or directory depends on whether the thing directed to be done is of the essence of the thing re..uired will result in the nullity of the actH if it results in the nullity. purpose. v.uences  If an officer is re. ob2ect and the conse.• • • Legislati!e intent does not depend on the form of the statuteH must be gi!en to the entire statute. or mischie!ous conse. orderly and prompt conduct of businessH no substantial rights depend on it o &onsidered mandatory 0 a pro!ision relating to the essence of the thing to be done. legislati!e history.uences that would follow from construing it one way or the other Loyo#a .uires that the initial hearing be published in the OK A5D in the newspaper of general circulation 0 reasonD OK is not as widely read of the newspaper of general circulation • BshallC is imperati!e= mandatory • Githout initial hearing being published in a newspaper of general circulation is a nullity Fse of BmayC • An au iliary !erb showing opportunity or possibility • Kenerally. CA • Law re. what is a matter of essence can often be determined only by 2udicial construction o &onsidered directory 0 compliance is a matter of con!enienceH where the directions of a statute are gi!en merely with a !iew to the proper. or is a mere matter of form.rand 2i##a !omeo.uired to do a positi!e act but fails because such actions will lead to the aforementioned.

Sr.. v. a party could already proceed to see1 relief in court • Purpose of mandatory complianceD to pre!ent delays and enhance the speedy and orderly discharge of 2udicial functions MANDATORY STATUTES . "e*abi#itiation Finance Corp • %ec$ : RA -69 reads Bban1s or other financial institutions owned or controlled by the Ko!ernment %@ALL.%ingona • %ec$ 8.uired by the conte t or by the intention of the legislature o Ghen no public benefit or pri!ate right re.uires that it be gi!en an imperati!e meaning Diokno v.uired by 2ustice r public duty o where it !ests a public body or officer with power and authority to ta1e such action which concerns for the public interest or rights of indi!iduals • RuleD BshallC should be read BmayC o Ghen so re.uirement is fatal to the action %tatutes prescribing time to ta1e action or to appeal • Kenerally mandatory • @eld as absolutely indispensable to the pre!ention of needless delays and to the orderly and speedy discharge or business. and to pre!ent a failure of 2ustice • Ki!en as a remedy to those entitled to in!o1e its aid %tatutes granting benefits • &onsidered mandatory • /ailure of the person to ta1e the re. RA . not those who slumber on their rights • Potior est in tempoe. be dissol!ed by $%o . be discretionary %tatutes conferring power • Kenerally regarded as mandatory although couched in a permissi!e form • %hould construe as imposing absolute and positi!e duty rather than conferring pri!ileges • Power is gi!en for the benefit of third persons.*86 (LK&" pro!ides that an appeal from an ad!erse decision against a local electi!e official to the President B%@ALL not pre!ent a decision from becoming final and e ecutorC • B%hallC is not mandatory because there is room to construe said pro!ision as gi!ing discretion to the re!iewing officials to stay the e ecution of the appealed decision Fse of negati!e.overmnent v. not for the public official • Kranted to meet the demands of rights. E# !ogar Fi#ipino • &orporation &odes reads B%@ALL. and are necessary incident to the proper.uired steps or to meet the conditions will ordinarily preclude him from a!ailing of the statutory benefits • 2igi#antib%s et non dormientib%s -%ra s%bveni%nt & the laws aid the !igilant. a period of -6 days is allowed for an aggrie!ed party to go to court o If the %ec of #ustice does not act thereon. upon such !iolation being pro!ed. after the lapse of 86 days. a written claim therefore shall be presented with the &IR within the prescribed period is mandatory and failure to comply with such re. nor can they be the sub2ect of agreements or stipulation of litigants "eyes v.*86 0 process of appeal of dissatisfied ta payer on the legality of ta ordinance o Appeal to the %ec of #ustice within -6 days of effecti!ity of the ta ordinance o If %ec of #ustice decides the appeal.o BmayC is merely directory and that the transfer of the shares may be effected in a manner different from that pro!ided for in law Ghen BshallC is construed as BmayC and !ice !ersa • RuleD BmayC should be read BshallC o where such construction is necessary to gi!e effect to the apparent intention of the legislature o where a statute pro!ides for the doing os some act which is re.uirements • &onsidered mandatory • E amples o Re. sub2ect to a!ailability of funds accept at a discount at not more than :6N for *6 years of such bac1pay certificateC • B%hallC implies discretion because of the phrase Bsub2ect to a!ailability of fundsC . prohibitory or e clusi!e terms • A negati!e statute is mandatoryH e pressed in negati!e words or in a form of an affirmati!e proposition . Ra . potior est in -%re 0 he who is first in time is preferred in right %tatutes prescribing 2urisdictional re.arranto proceedingsC • B%hallC construed as BmayC erces.uirement of publication o Pro!ision in the 4a &ode to the effect that before an action for refund of ta is filed in court.ualified by the word BonlyC • BonlyC e clusionary negation • Prohibiti!e or negati!e words can rarely. . efficient. COA • %ec$ *. if e!er. and orderly discharge of 2udicial functions • %trict not substantial compliance • 5ot wai!able.

no ad2udication in the cause could ha!e been accorded any !alidity or the binding effect upon any party. all possible doubts should be resol!ed in fa!or of the candidates eligibility. without trenching upon the fundamental right to a day in court which is the !ery essence of the constitutionally enshrined guarantee of due process Election laws on conduct of election • &onstrued as mandatory • 'efore election 0 mandatory • After election 0 directory.uired by law. in support of the result unless of a character to affect an obstruction to the free and intelligent casting of the !otes.uiring 2urisdiction to re!iew it /nterest reipiciae %t sit finis #iti%m & public interest re. or of the essence of the proceedings. the statute prescribing such re. for to rule otherwise is to defeat the will of the electorate De#os "eyes v. the court shall order. pro!ision is mandatory • Procedural re. or on motion of the plaintiff. %@ALL render 2udgment as may be warranted by the facts alleged in the complaint and limited to what is prayed for therein. in representation of the deceased. or to insure the e. Rule .C is mandatory or directory. which reads B should the defendant fail to answer the complaint within the period abo!e pro!ided.uirement goes to the !ery 2urisdiction of the court. upon proper notice.uirements of law are complied with. or to the ascertainment of the result. as re. mot% proprio. it would defeat the ob2ecti!e of e pediting the ad2udication of suits %tatutes prescribing procedural re. such that an answer filed out of time may be accepted • @eldD mandatory o )ust file the answer within the reglementary period o Reglementary period shall be Tnon3 e tendible( o Otherwise. o!erwhelmingly and clearly e pressed. or that its omission shall render it !oid (whew.uires that by the !ery nature of things there must be an end to a legal contro!ersy • • .uality of ta ation.ualification • 4he rule of Bbefore3mandatory and after3directoryC in election laws only applies to procedural statutesH • 5ot applicable to pro!isions of the election laws prescribing the time limit to file certificate of candidacy and the . for Bunless and until a legal representati!e is for him is duly named and within the 2urisdiction of the trial court. or for certainty as to the nature and amount of each other(s ta 0 )A5DA4ORM o E$g$ %tatutes re. the court )AM order the opposing party to produce the appointment of a legal representati!e C • Although )AM was used. the decision of the lower court will become final and preclude the appellate court from ac. the legal representati!e of the deceased to appear and to be substituted $ If legal representati!e fails to appear . Devera. the same should not be nullified simply because the officers appointed under the law to direct the elections and guard the purity of the ballot ha!e not done their duty /or where a candidate has recei!ed popular mandate.uirements is regarded as mandatory e!en though the language is used therein is permissi!e in nature De Mesa v. Mencias • %ec *. "odrig%e' • 4he circumstance that the coupon bearing the number of the ballot is not detached at the time the ballot is !oted.uirements will ha!e the effect of rendering the act done in connection therewith !oid. or unless it is e pressly declared by the statute that the particular act is essential to the !alidity of an election.R& 0 Bafter a party dies and the claim is not thereby e tinguished.ac*on v.ualifications and dis. does not 2ustify the court in re2ecting the ballot Election laws on .ualification and dis.ualifications of electi!e office 0 considered mandatory e!en after election %tatutes prescribing . 6r • IssueD whether %ec 8 of the Rule on %ummary Procedure.• • Fnless the re. !oid . and habaS" Ghen the !oters ha!e honestly cast their ballots.ualifications of persons to a public office are regarded as mandatory • E ample in the boo1 0 lawyer32udgeH 2udge3disbarment as lawyer %tatutes relating to assessment of ta es • Intended for the security of the citiAens.uiring the assessor to notify the ta payer of the assessment of his property within a prescribed period • 4hose designed merely for the information or direction of officers or to secure methodical and systematic modes of proceedings 3 DIRE&4ORM %tatutes concerning public auction sale • &onstrued mandatory • Procedural steps must be strictly followed • Otherwise.uirements • &onstrued mandatory • Procedure relating to 2urisdictional. the &ourt.ualifications for office • Eligibility to a public office is of a continuing nature and must e ist at the commencement of the term and during the occupancy of the office • %tatutes prescribing the eligibility or .. or is prescribed for the protection or benefit of the party affected • Ghere failure to comply with certain procedural re.

and by a disregard of which the rights of parties interested may not be in2uriously affected 0 directory o E ception 0 unless accompanied by negati!e words importing that the acts re.uiring rendition of decision within prescribed period 0 Directory o E cept  intention to the contrary is manifest  time is of the essence of the thing to be done  language of the statute contains negati!e words  designation of the time was intended as a limitation of power. Cr%' • %ec *7(*" Art$ >III. *+. &onstitution 0 directory • ReasonsD o %tatutory pro!isions which may be thus departed from with impunity. otherwise is to defeat the administration of 2ustice upon factors beyond the control of the partiesH would defeat the purpose of due processH dismissal will constitute miscarriage of 2usticeH speedy trial would be turned into denial of 2ustice o /ailure of 2udge to ta1e action within the said period merely depri!es him of their right to collect their salaries or to apply for lea!es. &onstitution 0 the ma imum period within which a case or matter shall be decided or resol!ed from the date of its submission shall be o :9 months 0 %& o *: months 0 lower collegiate courts o . and dispatch in proceedings. defined • Prospecti!e 0 o operates upon facts or transactions that occur after the statute ta1es effect o loo1s and applies to the future$ • Retroacti!e 0 o Law which creates a new obligation. *+. *+.months 0 all other lower courts • %ec .DIRECTORY STATUTES %tatutes prescribing guidance for officers • Regulation designed to secure order.uired before 2udges are allowed to draw their salaries CHAPTER NINE: Pros#e t!.. system. *+. are usually those which relate to the mode or time of doing that which is essential to effect the aim and purpose of the legislature or some incident of the essential act 0 thus directory o Liberal construction 0 departure from strict compliance would result in less in2ury to the general public than would its strict application o &ourts are not di!ested of their 2urisdiction for failure to decide a case within the +63day period o Only for the guidance of the 2udges manning our courts o /ailure to obser!e said rule constitutes a ground for administrati!e sanction against the defaulting 2udge  A certification to this effect is re.months 0 all other lower courts • %ec *7(*" Art$ >III.months after the filing of the case in the office of the cler1 of courtC • IssueD whether or not &A has 2urisdiction in deciding the election case although the re.uiring rendition of decision within prescribed period • %ec *7(*" Art$ >III. CA • %tatuteD appeals in election cases Bshall be decided within ..uired shall not be done in any other manner or time than that designated %tatutes prescribing manner of 2udicial action • &onstrued directory • Procedure is secondary in importance to substanti!e right • Kenerally.uired period to resol!e it has e pired • @eldD yes.e an" Retroa t!. Art$ IE3A. imposes a new duty or attaches a new disability in respect to a transaction already past$ o A statute is not made retroacti!e because it draws on antecedent facts for its operation. or . without affecting the !alidity of statutory proceedings. non3compliance therewith is not necessary to the !alidity of the proceedings %tatutes re.. &onstitution 0 the ma imum period within which a case or matter shall be decided or resol!ed from the date of its submission shall be o :9 months 0 %& o *: months 0 lower collegiate courts o . but does not depri!e them of the 2urisdiction to act on the cases pending before them &onstitutional time pro!ision directory Marce#ino v..e Statutes IN GENERAL Prospecti!e and retroacti!e statutes. &onstitution 0 o 86 days from the date of its submission for resolution 0 for all &onstitutional &ommissions • 'efore the &onstitution too1 effect 3 %tatutes re. authority or right • always loo1 at intent to ascertain whether to gi!e the statute a mandatory or directory construction o basisD EEPEDIE5&M 0 less in2ury results to the general public by disregarding than enforcing the little of the law and that 2udges would otherwise abstain from rendering decisions after the period to render them had lapsed because they lac1ed 2urisdiction tot do so H%er%bin v.

Estanis#ao • A law may be made operati!e partly on facts that occurred prior to the effecti!ity of such law without being retroacti!e$ • %tatuteD RA .*8.8 which di!ested the P5' of authority to accept bac1 pay certificates in payment of loans • @eldD does not apply to an offer of payment made before effecti!ity of the act$ Lagardo v.7: could ha!e no retroacti!e application$ Peo v. CTA • @eldD a circular or ruling of the &IR cannot be gi!en retroacti!e effect ad!ersely to a ta payer$ Sanc*e' v. that is. the 2udge for the past$ • If the law is silent as to the date of its application and that it is couched in the past tense does not necessarily imply that it should ha!e retroacti!e effect$ . e pressly declare or necessarily implied from the language used$ • 5o court will hold a statute to be retroacti!e when the legislature has not said so$ • Art$ 9 of the &i!il &ode which pro!ides that BLaws shall ha!e no retroacti!e effect. must not be so construed as to o!erreach acts. non respicit & the law loo1s forward. or matters which transpired before its passage • %tatuteD %ec$96 of the LK& dis. COMELEC • @eldD the holding of recall proceedings had no retroacti!e application .ualifying those remo!ed from office as a result of an administrati!e case from running for local electi!e positions cannot be applied retroacti!ely$ • @eldD It cannot dis. unless the intendment of the legislature is to gi!e them a retroacti!e effect. as amended by RA -6+6 O5 #une *++*. ? PD -*8.3 granting increased personal e emptions from income ta to be a!ailable thenceforth. not the past$ • • Prospecti!ity applies toD o %tatutes o Administrati!e rulings and circulars o #udicial decisions 4he principle of prospecti!ity of statutes. has been applied in many cases$ 4hese includeD %yco v. • @eldD %ec$ + ? *6 of E$O$ +6 amending %ec 9 of P$D$ *.ualify a person who was administrati!ely remo!ed from his position prior to the effecti!ity of said &ode from running for an electi!e position$ • RationaleD a law is a rule established to guide actions with no binding effect until it is enacted$ • +ova constit%tion f%t%ris formam imponere debet non praeteretis & A new statute should affect the future. +i#o v CA • @eldD remo!ed Tpersonal culti!ation( as the ground for e2ectment of a tenant can(t be gi!en retroacti!e effect in absence of statutory statement for retroacti!ity$ • Applied to administrati!e rulings ? circularsD A SAC + roadcasting v. Come#ec • A statute despite the generality of its language. granting inferior courts 2urisdiction o!er guardianship cases.rego v.uired under e isting laws o creates a new obligation and imposes a new duty o attaches a new disability in respect of transactions or considerations already past Laws operate prospecti!ely. CA • @eldD It denied retroacti!e application to PD :. when the alleged !iolation occurred before publication of the &ircular on the Official KaAette$ a#ta'ar v. after said Act became effecti!e and on or before the deadline for filing income ta returns.uirements for its action and application is drawn from a time antedating its passage$ 1ma#i vs. H%e Po Lay • @eldD a person cannot be con!icted of !iolating &ircular :6 of the &entral 'an1. generally • It is a settled rule in statutory construction that statutes are to be construed as ha!ing only prospecti!e operation. Saga#es • A retroacti!e law (in a legal sense" o one which ta1es away or impairs !ested rights ac. unless the contrary is pro!ided$C • Le) prospicit. could not be gi!en retroacti!e effect in the absence of a sa!ing clause$ Larga v. P+ • %tatuteD RA *7. "anada 6r. prohibiting e2ectment of tenants from rice ? corn farmholdings pending promulgation of rules ? regulations implementing PD :. -%de) de praeterito & the law pro!ides for the future. with respect to compensation income earned or recei!ed during the calendar year prior to the date the law too1 effect$ Castro v. e!ents. decreeing the emancipation of tenants from the bondage of the soil. original or amendatory. Masaganda • @eldD RA :8*-.part of the re. not bac1ward • Le) de f%t%re.

uired at the time of the commission of the offense o Law which assumes to regulate ci!il rights and remedies only. such as protection of a former con!iction or ac. and punishes such act o Law which aggra!ates a crime. but in effect imposes penalty or depri!ation of a right for something which when done was lawful o Law which depri!es a person accused of a crime of some lawful protection to which he has become entitled. nor its author punished. of the &i!il &ode wherein laws of the &onstitution shall form part of the legal system of the Philippines$ Presumption against retroacti!ity • Presumption is that all laws operate prospecti!ely. no act or omission shall be held to be a crime. n%##a poena sine #egis & there is no crime without a penalty. or which affect or regulate ci!il or pri!ate rights or political pri!ilege A#via v.uittal. or which are not in the nature of e) post facto laws$ • %tatutes by nature which are retroacti!eD o Remedial or curati!e statutes o %tatutes which create new rights o %tatute e pressly pro!ides that it shall apply retroacti!ely o Ghere it uses words which clearly indicate its intent • Problem in construction is when it is applied retroacti!ely. e cept by !irtue of a law in force at the time the act was committed$ • +%##%m crimen sine poena. authoriAes con!iction upon less or different testimony than the law re. generally • 4he &onstitution does not prohibit the enactment of retroacti!e statutes which do not impair the obligation of contract. when committed o Law which changes the punishment ? inflicts a greater punishment than that anne ed to the crime when committed o Law which alters the legal rules of e!idence. to a!oid frontal clash with the &onstitution and sa!e the law from being declared unconstitutional$ . Sandiganbayan • LawD as of the date of the effecti!ity of this decree. unless the contrary clearly appears or is clearly."om%a#de' v.ui!ocally e pressed or necessarily implied$ • In case of doubtD resol!ed against the retroacti!e operation of laws • If statute is susceptible of construction other than that of retroacti!ity or will render it unconstitutional3 the statute will be gi!en prospecti!e effect and operation$ • Presumption is strong against substanti!e laws affecting pending actions or proceedings$ 5o substanti!e statute shall be so construed retroacti!ely as to affect pending litigations$ Gords or phrases indicating prospecti!ity • Indicating prospecti!e operationD o A statute is to apply BhereafterC BthereafterC o Bfrom and after the passing of this ActC o Bshall ha!e been madeC o Bfrom and afterC a designated date STATUTES GIVEN PROSPECTIVE EFFECT Penal statutes. as pro!ided in the statute Retroacti!e statutes. generally • Penal laws operate prospecti!ely$ • Art$ :* of the RP& pro!ides that Bno felony shall be punishable by any penalty not prescribed by law prior to its commission$ • Pro!ision is recognition to the uni!ersally accepted principle that no penal law can ha!e a retroacti!e effect. or proclamation of amnesty$ • 4est if e) post facto clause is !iolatedD Does the law sought to be applied retroacti!ely ta1e from an accused any right !ital for protection of life and libertyR • %copeD applies only to criminal or penal matters • It does 5O4 apply to laws concerning ci!il proceedings generally. are e!idence of what the laws mean and is the basis of Art$. there is no penalty without a law$ E) post facto law • &onstitution pro!ides that no e) post facto law shall be enacted$ It also prohibits the retroacti!e application of penal laws which are in the nature of e) post facto laws$ • E) post facto laws are any of the followingD o Law ma1es criminal an act done before the passage of the law and which was innocent when done. any case cogniAable by the Sandiganbayan is not an e) post facto law because it is not a penal statute nor dilutes the right of appeal of the accused$ 'ill of attainder or • • B%hallC implies that the law ma1es intend the enactment to be effecti!e only in f%t%re. ma1es it greater than it was. plainly and une. depri!e persons of property without due process of law. %tatutes ha!e no retroacti!e but prospecti!e effectD o BIt shall ta1e effect upon its appro!alC o %hall ta1e effect on the date the President shall ha!e issued a proclamation or E$O$. or di!est rights which ha!e become !ested. CSC • @eldD &%& )emorandum &ircular 5o$ :+ cannot be gi!en retrospecti!e effect so as to entitle to permanent appointment an employee whose temporary appointment had e pired before the &ircular was issued$ • Applied to 2udicial decisions for e!en though not laws.

liberty or property. remedy is to file petition of *abeas corp%s.• • • • • • • • &onstitution pro!ides that no bill of attainder shall be enacted$ 'ill of attainder 0 legislati!e act which inflicts punishment without 2udicial trial EssenceD substitution of a legislati!e for a 2udicial determination of guilt %er!es to implement the principle of separation of powers by confining the legislature to rule3ma1ing ? thereby forestalling legislati!e usurpation of 2udicial functions$ @istoryD 'ill of Attainder was employed to suppress unpopular causes ? political minorities. adiiosa restrigenda & &onscience and good law 2ustify this e ception$ • E ception was inspired by sentiments of humanity and accepted by science$ • : laws affecting the liability of accusedD o In force at the time of the commission of the crime 0 during the pendency of the criminal action. a statute is passed  reducing the degree of penalty  eliminating the offense itself  remo!ing subsidiary imprisonment in case of insol!ency to pay the ci!il liability  prescription of the offense • such statute will be applied retroacti!ely and the trial court before the finality of 2udgment or the appellate court on appeal from such %tatutes substanti!e in nature • %ubstanti!e law o creates. if a statute is a 'ill of Attainder. e cept when they are fa!orable to the accused$ • Art$:: of RP& Bpenal laws shall ha!e a retroacti!e effect insofar as they fa!or the person guilty of a felony. and this is the e!il sought to be suppressed by the &onstitution$ @ow to spot a 'ill of AttainderD o %ingling out of a definite minority o Imposition of a burden on it o A legislati!e intent o retroacti!e application to past conduct suffice to stigmatiAe 'ill of Attainder is ob2ectionable because of its e) post facto features$ Accordingly. or the powers of agencies or instrumentalities for administration of public affairs$ o that part of law which creates. A'a#te • In the absence of a contrary intent. statutes which lays down certain re. it is also an e) post facto law$ o 2udgment should ta1e such statute in consideration$ Enacted during or after the trial of the criminal action Director v. Cipriano • /reeAes the amount of monthly rentals for residential houses during a fi ed period Spo%ses Tirona v. alleging that his continued imprisonment is illegal pursuant to said statute ? praying that he be forthwith released$ • E ceptions to the ruleD o Ghen accused is habitual delin. A#e-o • LawD &omprehensi!e Land Reform Law granting complainants tenancy rights to fishponds and pursuant to which they filed actions to assert rights which . who is not a habitual criminal. Director of Prisons • Ghen there is already a final 2udgment ? accused is ser!ing sentence. defines or regulates rights concerning life. or which regulates rights or duties which gi!e rise to a cause of action o that part of law which courts are established to administer o when applied to criminal lawD that which declares which acts are crimes and prescribe the punishment for committing them o &annot be construed retroacti!ely as it might affect pre!ious or past rights or obligations • %ubstanti!e rights o One which includes those rights which one en2oys under the legal system prior to the disturbance of normal relations$ • &ases with substanti!e statutesD To#entino v.uent o Ghen statute pro!ides that it shall not apply to e isting actions or pending cases o Ghere accused disregards the later law ? in!o1es the prior statute under which he was prosecuted$ Keneral ruleD An amendatory statute rendering an illegal act prior to its enactment no longer illegal is gi!en retroacti!e effect does not apply when amendatory act specifically pro!ides that it shall only apply prospecti!ely$ • Ghen penal laws applied retroacti!ely • Penal laws cannot be gi!en retroacti!e effect.uirements to be complied with be fore a case can be brought to court$ Espirit% v. although at the time of the application of such laws a final sentence has been pronounced and the con!ict is ser!ing the same$ • 4his is not an e) post facto law$ • E ception to the general rule that all laws operate prospecti!ely$ • Rule is founded on the principle thatD the right of the state to punish and impose penalty is based on the principles of 2ustice$ • Favorabi#ia s%nt amp#ianda. as this term is defined in Rule 7 Art 8: of the &ode . defines ? regulates rights.

uiring that appeals from decisions of the 5LR& be filed with the &ourt of Appeals • Kenerally. by the terms of which is retroacti!e. in the absence of a sa!ing clause$ "ep%b#ic v. Labes • Ghere court originally obtains and e ercises 2urisdiction. is intended to apply to pending actions • As a rule.• • subse. from which appeal is ta1en. Masagana • Ghere court has no 2urisdiction o!er a certain case but ne!ertheless decides it. independent of a contingency • A mere e pectancy of future benefit or a contingent interest in property founded on anticipated continuance of e isting laws does not constitute a !ested right • Inchoate rights which ha!e not been acted on are not !ested • Fabian v.uired by e isting law o wor1s in2ustice to those affected thereby eng%et Conso#idated Mining Co v. a later statute restricting such 2urisdiction or transferring it to another tribunal will not affect pending action. Prieto • Ghere a complaint pending in court is defecti!e because it did not allege sufficient action.uently amended to e empt fishponds from co!erage of statute @eldD Amendatory law is substanti!e in nature as it e empts fishponds from its co!erage$ 4est for procedural lawsD o if rule really regulates procedure. the 2udicial process for enforcing rights and duties recogniAed by substanti!e law ? for 2ustly administering remedy and redress for a disregard or infraction of them o If it operates as a means of implementing an e isting right 4est for substanti!e lawsD o If it ta1es away a !ested right o If rule creates a right such as right to appeal substanti!e laws that affect pending actions or proceedings$ Pualification of rule • A substanti!e law will be construed as applicable to pending actions if such is the clear intent of the law$ • 4o promote social 2ustice or in the e ercise of police power. where the statute changing the law is intended to be retroacti!e and to apply to pending litigations or is retroacti!e in effect • 4his rule is true though it may result in the re!ersal of a 2udgment which as correct at the time it was rendered by the trial court$ 4he rule is sub2ect to the limitation concerning constitutional restrictions against impairment of !ested rights %tatutes affecting !ested rights • A !ested right or interest may be said to mean some right or interest in property that has become fi ed or established and is no longer open to doubt or contro!ersy • Rights are !ested when the right to en2oyment. Desierto • Ghere to prosecute an appeal or transferring the !enue of appeal is procedural • E ampleD o Decreeing that appeals from decisions of the Ombudsman in administrati!e actions be made to the &ourt of Appeals o Re. it may not be !alidated by a subse. unless statute pro!ides ? unless prohibitory words are used$ Lagardo v. has become the property of some particular person or persons. be so applied ifD o it ad!ersely affects !ested rights o unsettles matter already done as re.uired before the establishment of the new right nor. a case must be decided in the light of the law as it e ists at the time of the decision of the appellate court. present or prospecti!e. as a present interest • 4he right must be absolute.uent law which affects substanti!e rights and not merely procedural matters$ • Rule against the retroacti!e operation of statutes in general applies more strongly with respect to • • A statute may not be construed and applied retroacti!ely under the following circumstancesD o if it impairs substanti!e right that has become !estedH o as disturbing or destroying e isting right embodied in a 2udgmentH o creating new substanti!e right to fundamental cause of action where none e isted before and ma1ing such right retroacti!eH o by arbitrarily creating a new right or liability already e tinguished by operation of law Law creating a new right in fa!or of a class of persons may not be so applied if the new right collides with or impairs any !ested right ac. Pineda . a statute enacted during the pendency of the appeal !esting 2urisdiction upon such trial court o!er the sub2ect matter or such case may not be gi!en retroacti!e effect so as to !alidate the 2udgment of the court a $%o. procedural rules are retroacti!e and are applicable to actions pending and undermined at the time of the passage of the procedural law. complete and unconditional. while substanti!e laws are prospecti!e Effects on pending actions • %tatutes affecting substanti!e rights may not be gi!en retroacti!e operation so as to go!ern pending proceedings$ /b%ran v.

imposing conditions not e pressed in the contract. Pata#in • 4he abolition of the death penalty and its subse. which was entered into !oluntarily by the parties as e pressly directed in the pre!ious law$ 4o apply the new law to the case of defendant3appellant s as to depri!e him of the agreed fee would be arbitrary and unreasonable as destructi!e of the in!iolability of contracts. a statute was enacted$ • 5ew statuteD Prohibiting the collection of attorney(s fees for ser!ices rendered in prosecuting !eteran(s claims$ • IssueD /or collecting his fees pursuant to the contract for professional ser!ices. or dispensing with those which are howe!er minute or apparently immaterial in their effect upon the contract. unless the latter pro!ide that they shall ha!e retroacti!e effect$ • Later statutes will not. the applicable law at the time of e ecution$ %uch law forms part of. howe!er.uent legislation$ • A law by the terms of which a transaction or agreement would be illegal cannot be gi!en retroacti!e effect so as to nullify such transactions or agreement e ecuted before said law too1 effect$ Illustration of rule Peop#e v. and such statute should not therefore be applied retroacti!ely$ • As between two feasible interpretations of a statute. 5eta • E isting lawD authoriAing a lawyer to charge not more than 7N of the amount in!ol!ed as attorney(s fees in the prosecution of certain !eteran(s claim$ • /actsD A lawyer entered into a contract for professional ser!ices on contingent basis and actually rendered ser!ice to its successful conclusion$ 'efore the claim was collected. or in any manner changes the intention of the parties necessarily impairs the contract itself • A statute which authoriAes any de!iation from the terms of the contract by postponing or accelerating the period of performance which it prescribes. nor in any omission to legislate on a particular matter. v. impairs the obligation.• • Ghile a person has no !ested right in any rule of law entitling him to insist that it shall remain unchanged for his benefit. the lawyer was prosecuted for !iolation of the statute$ • @eldD In e onerating the lawyer. the court saidD the statute prohibiting the collection of attorney(s fees cannot be applied retroacti!ely so as to ad!ersely affect the contract for professional ser!ices and the fees themsel!es$ • 4he 7N fee was contingent and did not become absolute and unconditional until the !eteran(s claim had been collected by the claimant when the statute was already in force did no alter the situation$ • /or the Bdistinction between !ested and absolute rights is not helpful and a better !iew to handle the problem is to declare those statutes attempting to affect rights which the courts find to be unalterable. and not repugnant to.uired !ested rights under the law abolishing it$ • &ourts ha!e thus gi!en statutes strict constriction to pre!ent their retroacti!e operation in order that the statutes would not impair or interfere with !ested or e isting rights$ Accused3appellant Ts rights to be benefited by the abolition of the death penalty accrued or attached by !irtue of Article :: of the Re!ised Penal &ode$ 4his benefit cannot be ta1en away from them$ %tatutes affecting obligations of contract • Any contract entered into must be in accordance with. the right was contingent$ /or a right to accrue is one thingH enforcement thereof by actual payment is another$ 4he subse. a subse. and is read into. thus lac1ing in due process$C • 4he 7N fee allowed by the old law is Bnot unreasonable$ %er!ices were rendered thereunder to claimant(s benefits$ 4he right to fees accrued upon such rendition$ Only the payment of the fee was contingent upon the appro!al of the claimH therefore.uent statute cannot be so applied retroacti!ely as to impair his right that accrued under the old law$ %tatutes must be so construed as to sustain its constitutionality. be gi!en retroacti!e effect if to do so will impair the obligation of contracts. Lina • 4he importation of certain goods without import license which was legal under the law e isting at the time of shipment is not rendered illegal by the fact that when the goods arri!ed there was already another law prohibiting importation without import license$ 4o rule otherwise in any of these instances is to impair the obligations of contract$ Peo v. the court should adopt that which will a!oid the impairment of the contract$ • If the contract is legal at it inception. nor has he a !ested right in the continued e istence of a statute which precludes its change or repeal. and prospecti!e operation will be presumed where a retroacti!e application will produce in!alidity$ 1.S. abridges.uent re3imposition$ 4hose accused of crimes prior to the re3 imposition of the death penalty ha!e ac. in!alid as arbitrary and unreasonable. the contract e!en without the parties e pressly saying so$ • Laws e isting at the time of the e ecution of contracts are the ones applicable to such transactions and not later statutes. and therefore in!alid . it cannot be rendered illegal by a subse.uent law enacted after the rendition of the ser!ices should not as a matter of simple 2ustice affect the agreement. for the &onstitution prohibits the enactment of a law impairing the obligations of contracts$ • Any law which enlarges. Tobacco Corp.

*+97 amended by RA 8. has no retroacti!e effect. ?JKL. RA *7. unless the legislati!e intent to gi!e them retroacti!e effect clearly appears$ • Although a repealing state is intended to be retroacti!e. *+783 RA .* on #une *8. they pro!ide or regulate the steps by which one who commits a crime is to be punished$ o Remedial statutes or statutes relating to modes of procedure3 which do not create new or ta1e away !ested rights. and the present case should be go!erned by the law at the time the offer in . by restoring the clause pre!iously eliminated.as lac1ing in due processH to penaliAe him for collecting such fees. ga!e 'uyco the right to ha!e said certificate applied in payment of is obligation thus at that time he offered to pay with his bac1pay certificate$ • #une *8. La Tondena • %tatuteD imposes ta on certain business acti!ities is amended by eliminating the clause pro!iding a ta on some of such acti!ities. *+78.uire payment of the ta on such business for the period prior to the amendment %yco v. *+98 to )arch *9. "e*abi#itation Finance Corp • RA 96* which condoned the interest on pre3war debts from #anuary *. after the lapse of length of time. *o.8 does not contain any pro!ision regarding its retroacti!e effect$ It simply states its effecti!ity upon appro!al$ 4he amendment therefore. the original act continues to be in force with regard to all rights that had accrued prior to such amendment$ /ns%#ar .uestion was made • 4he rule is familiar that after an act is amended. t*e interest on s%c* principa# ob#igation corresponding from 6an%ary ?. but only operate in .+. may not be applied retroacti!ely so as to re.overnment v. *+7* by !irtually reenacting the old law and pro!iding that 9if t*e debtor. P*i#ippine +ationa# ank • IssueD can 'uyco compel the P5' to accept his bac1pay certificate in payment of his indebtedness to the ban1 • April :9.ar %npaid principa# ob#igation on or before December I?.ise condonedC • @eldD a debtor who paid his pre3war obligation together with the interests on )arch *9.8 was enacted amending the charter of the P5' and pro!ided that the ban1 shall ha!e no authority to accept bac1pay certificate in payment of indebtedness to the ban1$ • @eldD 4he &ourt fa!ored 'uyco$ All statutes are construed as ha!ing prospecti!e operation. is not entitled to a refund of the interest paid from #anuary *. practice and e!idence o Applied to criminal law. ?JM> to day of payment are #ike.ever. *+7* or before the amendment was appro!ed into law. C/" • An amendment which imposes a ta on a certain business which the statute prior to its amendment does not ta . unless the purpose of the legislature is to gi!e them retroacti!e effect$ • 4his principle also applies to amendments$ RA *7. makes vo#%ntary payment of t*e entire preA. it will not be so construed if it will impair !ested rights or the obligations of contracts. it may not be gi!en a retroacti!e effect unless it is so pro!ided e pressly or by necessary implication and no !ested right or obligations of contract are thereby impaired$ • 4he general rule on the prospecti!e operation of statutes also applies to amendatory acts San 6ose v. which are gi!en retroacti!e operation • Procedural laws o ad2ecti!e laws which prescribe rules and forms of procedure of enforcing rights or obtaining redress for their in!asion o they refer to rules of procedure by which courts applying laws of all 1inds can properly administer in2ustice o they include rules of pleadings. unless the contrary appears or the accused is otherwise not entitled to the benefits of the repealing act$ • Ghile an amendment is generally construed as becoming a part of the original act as if it had always been contained therein .uires that the last amendment should not be gi!en retroacti!e effect so as to co!er the whole period$ /mperia# v. *+9: to December -*. or unsettle matters that had been legally done under the old law$ • Repealing statutes which are penal in nature are generally applied retroacti!ely if fa!orable to the accused. and the amended act is further amended. the amendment of said law will not affect the terms of said contract$ • 4he rule applies e!en if one of the contracting parties is the go!ernment STATUTES GIVEN RETROACTIVE EFFECT Procedural laws • 4he general law is that the law has no retroacti!e effect$ • E ceptionsD o procedural laws o curati!e laws. Frank • Ghere a contract is entered into by the parties on the basis of the law then pre!ailing. which re. repugnant to our sense of 2ustice$C Repealing and amendatory acts • %tatutes which repeal earlier or prior laws operate prospecti!ely. *+7* the date the debtor paid the obligation$ • ReasonD o Bma1es !oluntary paymentC 0 denotes a present or future actH thereby not retroacti!ely o Bunpaid principal obligationC and BcondoneC 0 imply that amendment does not co!er refund of interests paid after its appro!al$ C/" v.

PD *:.uestion is pending resolution at the time the 'P 'lg too1 effect.• furtherance of the remedy or confirmation of the rights already e isting.uires the filing a of a record on appeal and its retroacti!e application remo!ed the legal obstacle to gi!ing due course to the appeal$ Castro v. do not come within the legal conception of a retroacti!e law.* is a remedial statute$ It does not create new rights nor ta1e away rights that are already !ested$ It only operates in furtherance of a remedy or confirmation of rights already in e istence$ It does not come within the legal pur!iew of a prospecti!e law$ As such. is clearly a procedural law. it can be gi!en retrospecti!e application of statutes$ 'eing procedural in nature. the purpose of the Decree. whether ci!il or criminal.+.7 may !alidly be gi!en retroacti!e effect. which cures defects and adds to the means of enforcing e isting obligations$ • As a procedural and curati!e statute. the Rules of &ourtD Ba petition to be allowed to appeal as pauper shall not be entertained by the appellate courtC • 4he subse. v. Sandiganbayan • &ourt ruled that RA . and a litigant cannot insist on the application to the trial of his case. of any other than the e isting rules of procedure • • • • • • • • A#day v. the special law will pre!ail o!er a stature or law of general application$ S%bido.7. became academic upon effecti!ity of said law because the law no longer re. so long as its re.uasi32udicial tribunal is a remedial statute that is applicable to claims that accrued before its enactment but formulated and filed after it too1 effect$ • @eldD 4he court that has 2urisdiction o!er a claim at the time it accrued cannot !alidly try to claim where at the time the claim is formulated and filed. CA . 6r.uent amendment thereto deleting the sentence implies that the appellate court is no longer prohibited from entertaining petitions to appear as pauper litigants. or those which refer to rules of procedure by which courts applying laws of all 1inds can properly administer 2ustice$ • 4he petitioners suggest that it is li1ewise curati!e or remedial statute. Saga#es • A statute which transfers the 2urisdiction to try certain cases from a court to a . the 2urisdiction to try it has been transferred by law to a . which is to facilitate the immediate resolution of mining contro!ersies by granting 2urisdiction to a body or agency more adept to the technical comple ities of mining operations. would be thwarted and rendered meaningless$ Litigants in a mining contro!ersy cannot be permitted to choose a forum of con!enience$ #urisdiction is imposed by law and not by any of the parties to such proceedings$ /urthermore. one which prescribes rules and forms of procedure enforcing rights or obtaining redress for their in!asion. RA . nor arise from. and may grant the petition then pending action. in further amending PD *868 as regards the %andiganbayan(s 2urisdiction.e. mode of appeal.uired under the old rules$ • %uch . Cami##on • Pro!isionD 'P *:+3 Bnor record or appeal shall be re. Peop#e • %tatutes regulating the procedure of the courts will be construed as applicable to actions pending and undermined at the time of their passage$ • Ghere at the time the action was filed. procedural laws$ A person has no !ested right in any particular remedy. there being no impairment of contractual or !ested rights$ Martine' v.* is a special law and under a well3accepted principle in stat con.uired to ta1e an appeal$C (procedural in nature and should be applied retroacti!ely" • IssueD Ghether an appeal from an ad!erse 2udgment should be dismissed for failure of appellant to file a record on appeal within -6 days as re. it shall apply to all actions pending at the time of its enactment e cept only with respect to those cases which had already attained h character of a final and e ecutor 2udgment$ Gere it not so.uirements are complied with$ • An administrati!e ruleD which is interpretati!e of a pre3 e isting statue and not declarati!e of certain rights with obligations thereunder is gi!en retroacti!e effect as of the date of the effecti!ity of the statute$ At#as Conso#idated Mining 3 Deve#opment Corp.uire a !ested right to be heard by one particular court$ • • • IssueD whether a trial court has been di!ested of 2urisdiction to hear and decide a pending case in!ol!ing a mining contro!ersy upon the promulgation of PD *:. v. or the general rule against the retroacti!e operation of statutes$ o A new statute which deals with procedure only is presumpti!ely applicable to all actions 0 those which ha!e accrued or are pending$ o %tatutes regulating the procedure of the courts will be construed as applicable to actions pending and undetermined at the time of their passage$ 4he retroacti!e application of procedural laws is notD o !iolati!e of any right of a person who may feel that he is ad!ersely affectedH o nor constitutionally ob2ectionable$ "ationa#eF no !ested right may attach to. i.+. and other procedural matters.* which !ests upon the 'ureau of )ines Original and e clusi!e 2urisdiction to hear and decide mining contro!ersies$ @eldD Mes$ PD *:.uasi32udicial tribunal$ • "ationa#eF for e!en actions pending in one court may be !alidly be ta1en away and transferred to another and no litigant can ac.

COMELEC • (rested the definition of curati!e statutes" • 4olentino o those which underta1e to cure errors? irregularities.uentially.7 of the &i!il &ode was still in effect and has remained pending Art *. abridge superfluities in e isting laws.uence by reason of some statutory disability or irregularity in their own action$ • 4hey ma1e !alid that which.*7 are therefore curati!e statutes$ • . since procedure must be go!erned by the law regulating it at the time the . therefore. or pri!ate deeds or contracts which otherwise would not produce their intended conse. is not so per!asi!e that it may be used to !alidate or in!alidate proceedings ta1en before it goes into effect. v. pro!idedD o the claim is presented by an employer or person employed in domestic or household ser!ices or household help under the &ode$ o the claimant no longer being employed does not see1 reinstatement o the aggregate money claim of the employee or househelper doesn(t e ceed P7.7 of the &i!il &ode and in holding that pri!ate respondent(s cause of action has not yet prescribed$C &urati!e statutes • curati!e remedial statutes are healing acts • they are remedial by curing defects and adding to the means of enforcing e isting obligations • the rule to curati!e statutes is that if the thing omitted or failed to be done. by delineating their respecti!e 2urisdictions$ Fnder RA 8. acts of public officers. is something which the legislature might ha!e dispensed with by a pre!ious statute. +L"C (hahhha for the petitioner" • %tatuteD EO ***. and which constitutes the defect sought to be remo!ed or made harmless. the RD has e clusi!e 2urisdiction o!er cases in!ol!ing claims. does not allow filing of the action after the death of the alleged parent$ • @eldD 4he rule that a statutory change in matters of procedure may affect pending actions and proceedings.7 of the /amily &ode finds no proper application to the instant case since it will ineluctably affect ad!ersely a right of pri!ate respondent and. both of which ha!e been !ested with the filing of the complaint in court$ 4he trial court is.uirement Agpalo o curati!e statutes are healing acts curing defects and adding to the means of enforcing e isting obligations o and are intended to supply defects abridge superfluities in e isting laws? curb certain e!ils o by their !ery nature. which is claimed to be procedural in nature and retroacti!e in application.uent one • curati!e statutes are intended to supply defects.666$ All other cases are within the e clusi!e 2urisdiction of the Labor Arbiter$ • @eldD EO *** ? RA 8. Art *.E ceptions to the rule • 4he rule does not apply whereD o the statute itself e pressly or by necessary implication pro!ides that pending actions are e cepted from it operation. and curb certain e!ils$ 4hey are designed and intended. was in!alid$ 4heir purpose is to gi!e !alidity to acts done that would ha!e been in!alid under e isting laws. it may do so by a subse. or where to apply it to pending proceedings would impair !ested rights o &ourts may deny the retroacti!e application of procedural laws in the e!ent that to do so would not be feasible or would wor1 in2ustice$ o 5or may procedural laws be applied retroacti!ely to pending actions if to do so would in!ol!e intricate problems of due process or impair the independence of the courts$ Tayag v.*7. conse.uences by reason of some statutory disability or failure to comply with some technical re. as if e isting laws ha!e been complied with Friva#do v. /nc. curati!e statutes are retroacti!e and reach bac1 to the past e!ents to correct errors or irregularities ? to render !alid ? effecti!e attempted acts which would be otherwise ineffecti!e for the purpose the parties intended • &urati!e statutes are forms of retroacti!e legislations which reach bac1 on past e!ents to correct errors or irregularities ? to render !alid ? effecti!e attempted acts which would be otherwise ineffecti!e for the purpose the parties intended$ Erectors. of the Labor &ode to widen the wor1ers. correct in applying the pro!isions of Art :.7 of the /amily &ode too1 effect can still be prosecuted considering that Art *. of the minor child she represents. but has failed of e pected legal conse. before the enactment of the statute.7.uestion of procedure arises especially where !ested rights maybe pre2udiced$ • Accordingly. CA • IssueD whether an action for recognition filed by an illegitimate minor after the death of his alleged parent when Art :. thereby !alidating 2udicial 2udicial or administrati!e proceedings. access to the go!ernment for redress of grie!ances by gi!ing the Regional Directors ? the Labor Arbiters concurrent 2urisdiction o!er cases in!ol!ing money claims • IssueD Amendment created a situation where the 2urisdiction of the RDs and LAs o!erlapped$ • RemedyD RA 8.*7further amended Art :*. amended Art :*. unless the language of the act e cludes them from its operation.

enera# /nc. COMELEC • (an e ample considered curati!e ? remedial as well as one which creates new rights ? new remedies.uirements was cured by the retroacti!e application of his repatriation$ "ep%b#ic v.uitable mortgage in any of the cases therein enumerated. • IssueD Ghere there is doubt as to whether go!ernment agency under the then e isting law. generally held to e retroacti!e in nature3 PD . • Ghere at the time action is filed in court the latter has no 2urisdiction o!er the sub2ect matter but a subse. instruments or acts of public authorities which would otherwise be !oid for want of conformity with certain e isting legal re.:7. if the legislati!e intent is to gi!e them retrospecti!e operation • "ationa#eF 4he constitutional restriction against impairment against obligations of contract or !ested rights does not preclude the legislature from enacting statutes in the e ercise of its police power Police power legislations • as a rule. but also to those already in e istence Adong v. Masaganda • Ghere a curati!e statute is enacted after the court has rendered 2udgment. is remedial in nature ? will be applied retroacti!ely to cases arising prior to the effecti!ity of the statute$ • Abad v. which a prior law prohibits its sale within a certain period ? otherwise in!alid transaction under the old law$ M%nicipa#ity of San +arciso.:7 ? the re3ac. which 2udgment is naturally !oid as the court has at the time no 2urisdiction o!er the sub2ect of the action. one of the . has the authority to enter intoa negotiated contract for the construction of a go!ernment pro2ect under the build3lease3and transfer scheme • @eldD 4he subse. will be gi!en retroacti!e effect$ Santos v. or at the time he filed his certificate of candidacy for go!ernorship.ualification is as a go!ernor.ualification is as a go!ernor. C*eong Seng .uent enactment of a statute which recogniAes direct negotiation of contracts under such arrangement is a curati!e statute$ • As all doubts and procedural lapses that might ha!e attended the negotiated contract ha!e been cured by the subse.• A curati!e statute is enacted to cure defects in a prior law or to !alidate legal proceedings. and designed primarily to curtail e!ils brought about by contracts of sale with right of repurchase. H%e'on v. .uisition of the /ilipino citiAenship by administrati!e repatriation pursuant to said decree is retroacti!e$ De Castro v. the enactment of the statute conferring 2urisdiction to the court does not !alidate the !oid 2udgment for the legislature has no power to ma1e a 2udgment rendered without 2urisdiction of a !alid 2udgment$ Friva#do v. P*i# American . Mende' • %tatuteD %ec$ 99:(d" of the Local Ko!ernment &ode of *++*. Tan • @eldD what has been gi!en retroacti!e effect in Friva#do is not only the law itself but also Phil$ &itiAenship re3ac. pro!ides that municipal districts organiAed pursuant to presidential issuances or e ecuti!e orders ? which ha!e their respecti!e sets of electi!e municipal officials holding at the time of the effecti!ity of the code shall henceforth be considered as a regular municipalities • 4his is a curati!e statute as it !alidates the creation of municipalities by EO which had been held to be an in!alid usurpation of legislati!e power$ Tatad v. are applicable not only to those acti!ities or transactions coming into being after their passage.uired pursuant to said law to the date of application for repatriation. one of the . Atencio • &urati!e statuteD one which confirms. D%ata • %tatute which pro!ides that a contract shall presumed an e.ee • %tatutes intended to !alidate what otherwise !oid or in!alid marriages.arcia 6r.uent statute Limitations of rule • remedial statutes will not be gi!en retroacti!e effect if to do so would impair the obligations of contract or disturb !ested rights • only administrati!e or curati!e features of the statute as will not ad!ersely affect e isting rights will be gi!en retroacti!e operation • the e ception to the foregoing limitations of the rule is a remedial or curati!e statute which is enacted as a police power measure • %tatutes of this type may be gi!en retroacti!e effect e!en though they impair !ested rights or the obligations of contract. refines and !alidate the sale or transfer of a public land awarded to a grantee. which liberaliAes the procedure of repatriation" • @eldD PD .uent statute clothes it with 2urisdiction before the matter is decided$ • 4he statute is in the nature of a curati!e law with retroacti!e operation to pending proceedings and cures the defect of lac1 of 2urisdiction of the court at the commencement of the action$ Legarda v. being curati!e. which meant that his lac1 of /ilipino citiAenship at the time he registered as a !oter. statutes which are enacted in the e ercise of police power to regulate certain acti!ities. .

ages or overtime compensationC under this Act shall be commenced within .7 is barred by the pro!ision of the 5ew Labor &ode which repealed the G&A$ • G&A re. that actions already commenced before the effecti!e day of this Act shall not be affected by the period herein prescribed$ • As statute shortened the period of prescription from 8 to . a statute of limitations will not be gi!en retroacti!e operation to causes of action that accrued prior to its enactment if to do so will remo!e a bar of limitation which has become complete or disturb e isting claims without allowing a reasonable time to bring actions thereon +agrampa v. claimants are in2uriously affected should ha!e a reasonable period of * yr$ from time new statute too1 effect within which to sue on such claims$ Cora#es v.ever.uired for prescription should elapse.uires that Bwor1men(s compensation claims accruing prior to the effecti!ity of this &ode shall be filed with the appropriate regional offices of the Department of Labor not later than )arch -*.years after such cause of action accrued. Emp#oyeeDs Compensation Commission • %ame issue on 'illones but &ourt arri!ed at a different conclusion$ • IssueD Ghether a claim for wor1men(s compensation which accrued under the old Gor1men(s &ompensation Act (G&A" but filed under after )arch -*. *+. C/" • IssueD whether %ec$ .7$ • "ationa#eF prescripti!e period for claims which accrued under G&A as amended *6 yrs$ which is Ba right found on statuteC ? hence a !ested right. morals. safety and general welfare of the people Any right ac. *+.7. peace. amended by RA *++-. e!en if claims were not filed not later than )arch -*. good order. +agrampa • %tatuteD Art$ ***8 of the &i!il &odeD Bprescription already running before the effecti!ity of this &ode shall be go!erned by laws pre!iously in forceH but if since the time this &ode too1 effect the entire period herein re. *o. non payment of .A of &ommon wealth Act *99. will not prescribe until a much longer period than that specified in the later enactment because the .uired under a statute or under a contract is sub2ect to the condition that it may be impaired by the state in the legitimate e ercise of its police power. otherwise shall be barred fore!er$C • @eldD Pro!ision doesn(t apply to wor1men(s compensation that accrued before Labor &ode too1 effect. being procedural in nature. by the legislature. to the effect that Bany action to enforce an cause (i. it was contended that to gi!e retroacti!e effect would impair !ested rights since it would operate to preclude the prosecution of claims that accrued more than . to prescribe regulations to promote the health. *+. education. such a statute is bothD o prospecti!e in the sense that it applies to causes that accrued and will accrue after it too1 effect. the present &ode shall be applicable e!en though by the former laws a longer period might be re.• • "ationa#eF the non3impairment of the obligations of contract or of !ested rights must yield to the legitimate e ercise of power. applies to all actions filed after its effecti!ity$ In other words. since the reser!ation of the essential attributes of so!ereign power is deemed read into e!ery statute or contract as a postulate of the legal order right to bring an action is founded on law which has become !ested before the passage of the new statute of limitations Apparently conflicting decisions on prescription i##ones v.C it intended to apply the statute to all e isting actions filed after the effecti!ity of the law$ • 'ecause the statute shortened the period within which to bring an action ? in order to !iolate the constitutional mandate.e.but less than 8 yrs$ • @eldD a statute of limitations is procedural in nature and no !ested right can attach thereto or arise therefrom$ • Ghen the legislature pro!ided that Bactions already commenced before the effecti!ity of this Act shall not be affected by the period herein prescribed.uired$C • @eldD 4he pro!ision is retroacti!e since it applied to a cause that accrued prior to its effecti!ity which when filed has prescribed under the new &i!il &ode e!en though the period of prescription prescribed under the old law has not ended at the time the action is filed in court • 4he fact that the legislature has indicated that the statute relating to prescription should be gi!en retroacti!e effect will not warrant gi!ing it if it will impair !ested rights • %tatute of limitations prescribing a longer period to file an action than that specified under the law may not be construed as ha!ing retroacti!e application if it will re!i!e the cause that already prescribed under the old statute for it will impair !ested rights against whom the cause is asserted$ • %tatute which shorten the period of prescription ? re.yrs$ from the date the cause of action accrued. and o retroacti!e in the sense that it applies to causes that accrued before its passage • @owe!er. otherwise it shall be fore!er barred$ Provided.uires that causes which accrued prior to its effecti!ity be prosecuted or filed not later than a specific date may not be construed to apply to e isting causes which pursuant to the old law under which they accrued. that cannot be impaired by the retroacti!e application of the Labor &ode$ %tatutes relating to prescription • Keneral ruleD a statute relating to prescription of action.

a distinction between a statute of limitations in criminal actions and that of limitations in ci!il suits. alteration. has no authority to amend or change the law. there is no intendment to be made in fa!or of either party$ 5either grants right to the otherH there is therefore no grantor against whom no ordinary presumptions of construction are to be made$ • &RI)I5AL &A%E%D the state is the grantor. howe!er. other than that which the &onstitution grants. as regards their construction$ • In &I>IL %FI43 statute is enacted by the legislature as an impartial arbiter. may not howe!er be construed retroacti!ely so as to impair !ested rights$ @ence.!s!on. any e isting law$  Authority to amend is part of the legislati!e power to enact. an appeal ta1en within thirty days but beyond fifteen days from notice of 2udgment promulgated before the statute too1 effect is deemed seasonably perfected$ CHAPTER TEN: A&en"&ent. Bto read as follows$C Amendment by implication  E!ery statute should be harmoniAed with other laws on the same sub2ect. but 5O4 the right to prosecute an appeal that has been perfected before the passage of the law. Mendo'a  Ghere a statute which re. Re. one year from the date the law too1 effect within which to sue their claims$ &orales &ourt considered the right to prosecute the action that accrued under the old law as one founded on law ? a !ested right$ • !ested under the old law and may not therefore be impaired$ %tature shortening the period for ta1ing appeals is to be gi!en prospecti!e effect and may not be applies to pending proceedings in which 2udgment has already been rendered at the time of its enactment e cept if there(s clear legislati!e intent$ &ourt construed the statute of limitations as inapplicable to the action that accrued before the law too1 effect$ (It is generally held that the court has no power to read into the law something which the law itself did not pro!ide e pressly or impliedly$ Cora#es case seems to be on firmer grounds$ Prescription in criminal and ci!il cases • Keneral ruleD laws on prescription of actions apply as well to crimes committed before the enactment as afterwards$ 4here is. the prior act is deemed amended or modified to the e tent of repugnancy$ ♥ ♥ H%impo v. in the absence of a clear inconsistency$  Legislati!e intent to amend a prior law on the same sub2ect is shown by a statement in the later act that any pro!ision of law that is inconsistent therewith is modified accordingly$  Implied Amendment3 when a part of a prior statute embracing the same sub2ect as the later may not be enforced without nullifying the pertinent pro!ision of the latter in which e!ent. sub2ect to constitutional re. is statutory and may be restricted or ta1en away • A statute relating to appeals is remedial or procedural in nature and applies to pending actions in which no 2udgment has yet been promulgated at the time the statute too1 effect$ • %uch statute. Co"!%! at!on an" Re#ea' AMENDMENT ♥ Power to Amend  4he legislature has the authority to amend. destroys the right to appeal a decision rendered after the statute went into effect. between two contending parties$ In the construction of such statute.&omparison of 'illones and &orales 'illones Ghile &ourt said that such right to bring an action accrued under the old law is not !ested right. li1e other statutes.uires that the annual realty ta on lands or buildings be paid on or . by deletion. "oberts • Ghere a statute shortened the period for ta1ing appeals form thirty days to fifteen days from notice of 2udgment. the right of the appellant to appeal has become er#iner v. alter and repeal laws$  4he %& in the e ercise of its rule3ma1ing power or of its power to interpret the law. a statute which eliminates the right to appeal and considers the 2udgment rendered in a case final and unappealable. such authority being the e clusi!e to the legislature$ @ow amendment effected  Amendment 0 the change or modification. for in the latter case.uirements. it did not say that the right is one protected by the due process clause of the &onstitution$ /or 'O4@ casesD In sol!ing how to safeguard the right to bring action whose prescripti!e period to institute it has been shortened by lawR Ka!e the claimants whose rights ha!e been affected. of a statute which sur!i!es in its amended form$  4he amendment of a statute is effected by the enactment of an amendatory act modifying or altering some pro!isions of a statute either e pressly or impliedly$  E press amendment 0 done by pro!iding in the amendatory act that specific sections or pro!isions of a statute be amended as recited therein or as common indicated. surrendering by act of grace its right to prosecute or declare that the offense is no longer sub2ect of prosecution after the prescripti!e period$ %uch statutes are not only liberally construed but are applied retroacti!ely if fa!orable to the accused$ %tatutes relating to appeals • 4he right to appeal from an ad!erse 2udgment.

is amended by authoriAing payment of the ta in four e. Caseda  Ghere a statute which pro!ides that it shall be in force for a period of four years after its appro!al. and not on the whole amount of annual ta as pro!ided in the old statute$  Legislati!e intent to change the basis is clear when the later law allowed payment in four installments$ Peop#e v. e cept in cases where the !alue of the land does not e ceed P76. the four years is to be counted from the date the original statute was appro!ed and not from the date the amendatory act was amended$ ♥ )eaning of law changed by amendment  An amended act should be gi!en a construction different from the law prior to its amendment.uires payment of the publication fees regardless of the !alue of the land in!ol!ed  %uppression of the e cepting clause amount to the withdrawal of the e emption allowed under the original act$ ♥ ♥ Amendment Operates Prospecti!ely  An amendment will not be construed as ha!ing a retroacti!e effect. for its is presumed that the legislature would not ha!e amended it had not it not wanted to change its meaning$  Prior to the introduction of the amendment. Co##ector of /nterna# "even%e  A statute amending a ta law is silent as to whether it operates retroacti!ely. unless a date is specified therein after such publication$ @ow amendment is construed. such portions are continued in force. unless the contrary is pro!ided or the legislati!e intent to gi!e it a retroacti!e effect is necessarily implied from the language used and only if no !ested right is impaired$ /mperia# v. SSS  A statutory definition of term containing a general rule and an e ception thereto is amended by eliminating the e ception. Co%rt of Appea#s  %tatutes relating to procedure in courts are applicable to actions pending and undetermined at the time of their passage$ ♥ Effect of Amendment on >ested Rights  After a statute is amended. Land "egistration Commissions  %ection of a statute re. 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 and such rights and obligations will continue to be go!erned by the law before its amendment$  5ot applied retroacti!ely so as to nullify such rights$ Effect of amendment on 2urisdiction  #urisdiction of a court to try cases is determined by the law in force at the time the action is instituted$  #urisdiction remains with the court until the case is finally decided therein$ Estrada v.ual installments to become due on or before specified dates$  4he penalty pro!ision of the earlier statute is modified by implication that the penalty for late payment of an installment under the later law will be collected and computed only on the installment that became due and unpaid. such statute is not a special law but an amendment by implication$ ♥ Ghen amendment ta1es effect  *7 days following its publication in the Official KaAette or newspaper of general circulation.before the specified date.uiring the e act payment of publication fees in land registration proceedings. the statute had a different meaning which the amendment changed in all the particulars touching which a material change in the language of the later act e ists$ ♥ . the amendment will not be gi!ing retroacti!e effect so as to sub2ect to ta past transactions not sub2ect to ta under the original act$ Di% v. with the same meaning and effect they ha!e before the amendment$  Ghere an amendatory act pro!ides that an e isting statute shall be amended to read as recited in the amendatory act. generally  %tatute and amendment 0 read as a whole  Amendment act is ordinarily construed as if the original statute has been repealed and a new independent act in the amended form had been adopted$  Amended act is regarded as if the statute has been originally enacted in it amended form$  Read in a connection with other sections as if all had been enacted in the same statute$  Ghere an amendment lea!es certain portions of an act unchanged. Macatanda  A statute punishing an act which is also a crime under the RP& pro!ides a penalty as prescribed in the said &ode. such portions of the e isting law as are retained either literally or substantially  Deliberate selection of language in the amendatory act different from that of the original act indicates that the legislature intended a change in the law or in its meaning$ 2ictorias Mi##ing Co. v.666 is amended by deleting the e cepting clause. the legislati!e intent is clear that the term should now include the e ception within the scope of the general rule$ Parras v. it means that the statute as amended now re. sub2ect to penalty of a percentage of the whole amount of ta in case of delayed payment.

b did not di!est the labor arbiter his authority to hear and decide the case filed by the o!erseas wor1er prior to its effecti!ity$  #urisdiction o!er the sub2ect matter is determined by the law in force at the time of the commencement of the actionH laws should only be applied prospecti!ely unless the legislati!e intent to gi!e them retroacti!e effect is e pressly declared or is necessarily implied from the language used$ ♥ Effect of nullity of prior or amendatory act  Ghere a statute which has been amended is in!alid. will be considered as an original or independent act$ ♥ ♥ Kenerally  PurposeD to restate the e isting laws into one statute and simply complicated pro!isions. which !ested POEA with original and e clusi!e 2urisdiction o!er all cases. unless e press prohibitory words or words of similar import are used$  Applies to . and while the case is pending. which authoriAes the head of office to case a reimbursement of payment of medical and hospital e penses of a go!ernment official in case of sic1ness or in2ury caused by or connected directly with the performance of his official duty$  &oA denied the claim on the ground that A& of *+. /nc v. in enacting the new &ode. such 2urisdiction will not be o!erturned and impaired by the subse. and ma1e the laws on the sub2ect easily found$ &onstruction to harmoniAe different pro!isions  PresumptionD author has maintained a consisted philosophy or position$  4he different pro!isions of a re!ised statute or code should be read and construed together$  RuleD a code enacted as a single. Aposto#  A irreconcilable conflict between parts of a re!ised statute or a code.. arising out of law or contract in!ol!ing /ilipino wor1ers for o!erseas employment$  IssueD whether the decision of the labor arbiter in fa!or of the o!erseas wor1er was in!alid  @eldD the court sustained the !alidity of the decision and ruled that the labor arbiter still had the authority to decide the cease because EO . to repeal %ec$ 8++ of the old code$ . it is as if the amendment did not e ist. Agonci##o  Ghere the amendatory act is declared unconstitutional. then all parts and pro!ision of the prior act that are omitted from the re!ised act are deemed repealed$ . which thereby indicates intent on the part of the legislature to abrogate those pro!isions of the old laws that are not reproduced in the re!ised statute or code$  Possible only if the re!ised statute or code was intended to co!er the whole sub2ect to is a complete and perfect system in itself$  RuleD a subse. by its !ery nature and purpose. complete by itself.+. nothing in effect has been amended  4he amendatory act. will pre!ail$ ♥ Ghat is omitted is deemed repealed  all laws and pro!isions of the old laws that are omitted in the re!ised statute or code are deemed repealed. that which is later in physical position. +L"C  PD *8+* and *-+* !ested Labor Arbiters with original and e clusi!e 2urisdiction o!er all cases in!ol!ing employer3employee relations. unless the statute or code pro!ides otherwise  ReasonD re!ision or codification is. in the absence of circumstances upon which to base a choice.overnment v.uent amendment of the law. and the original statute before the attempted amend remains unaffected and in force$ REVISION AND CODIFICATION Mecano v. which re!ised the old A&. comprehensi!e statute.+. intended to be a complete enactment on the sub2ect and an e pression of the whole law thereon.uasi32udicial bodies Erectors. including money claims arising out of any law or contract in!ol!ing /ilipino wor1ers for o!erseas employment  /actsD An o!erseas wor1er filed a money claim against his recruiter. was enacted. v. being the latest e pression of legislati!e will.uent statute amending a prior act with the effect of di!esting the court of 2urisdiction may not be construed to operate but to oust 2urisdiction that has already attached under the prior law$ /b%raan v. Arciaga  Absence of a clear legislati!e intent to the contrary. EO . Commission on A%dit  &laim for reimbursement by a go!ernment official of medical and hospitaliAation e penses pursuant to %ection 8++ of the Re!ised Administration &ode of *+*. that which is best in accord with the general plan or.uent statute is deemed to repeal a prior law if the former re!ises the whole sub2ect matter of the former statute$  Ghen both intent and scope clearly e!ince the idea of a repeal. Labes  Ghere a court originally obtains and e ercises 2urisdiction pursuant to an e isting law. a subse. repealed %ec$ 8++ because it was omitted the re!ised code$  %& ruled that the legislature did not intend."i##aro'a v. and is to be considered as such and not as a series of disconnected articles or pro!isions$ Lic*a%co 3 Co.. including money claims.

nor ma1e the later statute so inconsistent with the prior act as to repeal it$ Repeal by implication  Ghere a statute of later date clearly re!eals an intention on the part of the legislature to abrogate a prior act on the sub2ect. BAll laws. orders. is repealed is an e press repeal$  All other repeals are implied repeals$  /ailure to add a specific repealing clause indicates that the intent was not to repeal any e isting law. inconsistent with this &ode are hereby repealed or modified accordingly$C  5ew code did not e pressly repeal the old as the new &ode fails to identify or designate the act to be repealed$  4wo categories of repeal by implication  Pro!isions in the two acts on the same sub2ect matter that are in irreconcilable conflict$ [ Later act to the e tent of the conflict constitutes an implied repeal of the earlier  If the later act co!ers the whole sub2ect of the earlier one and is clearly intended as a statute. or that some general idea will be e pressed in brief phrases$  If there has been a material change or omission. unless an irreconcilable inconsistency and repugnancy e ist in the terms of the new and old laws. organiAation and procedure. once cannot be enforced without nullifying the other$  Implied repeal 0 earlier and later statutes should embrace the same sub2ect and ha!e the same ob2ect$  In order to effect a repeal by implication. identified by its number of title. unless the changes are of such nature as to manifest clearly and unmista1ably a legislati!e intent to change the former laws$ ♥ Repeal. rules and regulation. it will operate similarly as a repeal of the earlier act$ Irreconcilable inconsistency  Implied repeal brought about by irreconcilable repugnancy between two laws ta1es place when the two statutes co!er the same sub2ect matterH they are so clearly inconsistent and incompatible with each other that they cannot be reconciled or harmoniAed and both cannot be gi!en effect. the later statute must be so irreconcilably inconsistent and repugnant with the e isting law that they cannot be made to reconcile and stand together$  It is necessary before such repeal is deemed to e ist that is be shown that the statutes or statutory ♥ ♥ ♥ REPEAL ♥ Power to repeal  Power to repeal a law is as complete as the power to enact one$  4he legislature cannot in and of itself enact irrepealable laws or limit its future legislati!e acts$ . then such construction as will effectuate such intent will be adopted$ &ontinuation of e isting laws$  A codification should be construed as the continuation of the e isting statutes$  4he codifiers did not intend to change the law as it formerly e isted$  4he rearrangement of sections or parts of a statute. or portions thereof. which clearly indicates an intent to depart from the pre!ious construction of the old laws. that intention must be gi!en effect$  4here must be a sufficient re!elation of the legislati!e intent to repeal$  Intention to repeal must be clear and manifest  Keneral ruleD the latter act is to be construed as a continuation not a substitute for the first act so far as the two acts are the same. and understandably because of the many changes that transpired in the go!ernment structure since the enactment of the old code$ ♥ &hange in phraseology  It is a well settled rule that in the re!ision or codification of statutes. from the time of the first enactment$  4wo categories of repeals by implication  Ghere pro!isions in the two acts on the same sub2ect matter are in an irreconcilable conflict and the later act to the e tent of the conflict constitutes an implied repeal of the earlier$  If the later act co!ers the whole sub2ect of the earlier one and is clearly intended as a substitute. e press or implied  4otal repeal 0 re!o1ed completely  Partial repeal 0 lea!es the unaffected portions of the statute in force$  A particular or specific law. effect of meaning of the statute. neither an alteration in phraseology nor the admission or addition of words in the later statute shall be held necessarily to alter the construction of the former acts$  Gords which do not materially affect the sense will be omitted from the statute as incorporated in the re!ise statute or code. latter situation falls under the category of an implied repeal$  Repealed only by the enactment of subse. decrees. or the placing of portions of what formerly was a single section in seprate sections. does not operate to change the operation. it will operate to repeal the earlier law$  4here is no irreconcilable conflict between the two codes on the matter of sic1ness benefits because the pro!ision has not been restated in the 5ew &ode$  4he whereas clause is the intent to co!er only those aspects of go!ernment that pertain to administration. generally  RepealD total or partial.uent laws$  4he change in the condition and circumstances after the passage of a law which is necessitated the enactment of a statute to o!ercome the difficulties brought about by such change does not operate to repeal the prior law.

claims for sic1ness benefits under section 8++ and others" &oA failed to demonstrate that the pro!isions of the two &odes on the matter of the sub2ect claim are in an irreconcilable conflict$ 4here can no conflict because the pro!ision on sic1ness benefits of the nature being claimed by petitioner has not been restated in old &ode$ 4he contention is untenable$ 4he fact that a later enactment may relate to the same sub2ect matter as that of an earlier statute is not of itself sufficient to cause an implied repeal of the prior act new statute may merely be cumulati!e or a continuation of the old one$ %econd &ategoryD possible only if the re!ised statute or code was intended to co!er the whole sub2ect to be a complete and perfect system in itself$ ♦ RuleD a subse. organiAation and procedure. v. they are so clearly inconsistent [ [ [ [ [ [ [ [ [ [ [ and incompatible with each other that they cannot be reconciled or harmoniAed. supported by a statement of the !otes and recei!ed by each candidate in each polling place and on the basis thereof shall proclaim as elected the candidates who obtained the highest number of !otes coast in the pro!inces..uirement no longer an election offense$  Irreconcilable inconsistency between to laws embracing the same sub2ect may also e ist when the later law nullifies the reason or purpose of the earlier act. and failure to comply with this re. Administration &ode pro!ides thatD BAll laws. so that the latter law loses all meaning and function$ Smit*. an earlier statute.uent is deemed to repeal a prior law if the former re!ises the whole sub2ect matter of the former statute$ Ghen both intent and scope clearly e!ince the idea of a repeal. inconsistent with this code are hereby repealed or modified accordingly  &ourt ruled that the new &ode did not repeal %ec 8++D [ Implied repeal by irreconcilable inconsistency ta1es place when two statutes co!er the same sub2ect matter. Co%rt of Appea#s  /act that %ec :.pro!isions deal with the same sub2ect matter and that the latter be inconsistent with the former$  the fact that the terms of an earlier and later pro!isions of law differ is not sufficient to create repugnance as to constitute the later an implied repeal of the former$ Ag%-etas v. Commission on A%dit  IssueD whether %ec$ 8++ of the Re!ised Administrati!e &ode has been repealed by the *+. municipality or barangay. that one law cannot be enforced without nullifying the other$ 4he new &ode does not co!er not attempt to the co!er the entire sub2ect matter of the old &ode$ 4here are se!eral matters treated in the old &ode that are not found in the new &ode$ (pro!isions on notary publicH lea!e law. Trampe  IssueD whether PD +:* on real estate ta es has been repealed impliedly by RA . w=c details are pro!ided in the second paragraph of %ec:-* of the Omnibus Election &ode.. e## 3 Co. then all parts and pro!isions of the prior act that are omitted from the re!ised act are deemed repealed$ 'efore there can be an implied repeal under this category. it must be the clear intent of the legislature that later act be the substitute of the prior act$ Opinion . city. Estate of Maroni##a  A prior law is impliedly repealed by a later act where the reason for the earlier act is beyond perad!enture remo!ed$  Repeal by implication 0 based on the cardinal rule that in the science of 2urisprudence.*88 pertaining to can!assing by boards of can!assers is silent as to how the board of can!assers shall prepare the certificate of can!ass and as to what will be its basis.. or portions thereof. two inconsistent laws on the same sub2ect cannot co3e ist in one 2urisdiction$  4here cannot be two conflicting law on the same sub2ect$ Either reconciled or later repeals prior law$  Leges posteriores priores contrarias abrogant (a later law repeals the prior law on the sub2ect which is repugnant thereto" Mecano v. rules and regulations. understandably because of the many changes that transpired in the go!ernment structure since the enactment of RA&$ Repeals of statutes by implication are not fa!ored$ Presumption is against the inconsistency and repugnancy for the legislature is presumed to 1now the e isting laws on the sub2ect and not to ha!e enacted inconsistent or conflicting statutes$ Ty v. and both cannot be gi!en effect. otherwise 1now as the Local Ko!ernment &ode of *++* on the same sub2ect$  @eldD that there has been no implied repeal . orders.*86. public bonding law. Administrati!e &ode$  *+.uirement shall constitute an election offenseC  Did not impliedly repeal the second paragraph of %ec :-* of OE& and render the failure to comply with the re. military reser!ations. of RA . decrees. Brespecti!e boards of can!assers shall prepare a certificate of can!ass duly signed and affi ed with the imprint of the thumb of the right hand of each member.s$*++* of the %ecretary of #usticeD what appears clear is the intent to co!er only those aspects of go!ernment that pertain to administration.

through the 'udget &ommission. and fi their salaries and emoluments in accordance with the appro!ed compensation structure of the &orporation$C [ %ec$8 PD *7+. and their application or use authoriAed. i. shall ha!e the power to Bdetermine the staffing pattern and the number of personnel. all parts and pro!isions of the former act or acts [ that are omitted from the re!ised act are deemed repealed$ 6oa$%in v.$ [ RA . as to compel us to uphold one and stri1e down the other$ [ 4wo laws must be incompatible. +avarro . sub2ect to the appro!al of the 'oard of Directors of the Philippines Postal &orporation. on their position classification and compensation plans. and a clear finding thereof must surface.o'oADado#e  %ec$*+ RA 88. Op#e  %ec$ -(a" PD 97* and %ec$ 9: of 'P :-: illustrates repeal by implication$ [ %ec -(a" pro!idesD Bno increase in tuition or other school fees or charges shall be appro!ed unless 86N of the proceed is allocated to increase in salaries or wages of the member of the faculty$C [ 'P :-:D Beach pri!ate school shall determine its rate of tuition and other school fees or charges$ 4he rates or charges adopted by schools pursuant to this pro!ision shall be collectible. define their duties and responsibilities.. let alone irreconcilable. the latter is re. &ulture and %ports$C  IssueD whether %ec$ 9: of 'P :-: impliedly repealed %ec$ -(a" of PD 97*  @eldD there was implied repeal because there are irreconcilable differences between the two laws$ ♥ Implied repeal by re!ision or codification  Re!ised statute is in effect a legislati!e declaration that whate!er is embraced in the new statute shall pre!ail and whate!er is e cluded there from shall be discarded$  )ust be intended to co!er the whole sub2ect to be a complete and perfect system in itself in order that the prior statutes or part thereof which are not repeated in the new statute will be deemed impliedly repealed$ Peop#e v.uired to follow certain standards in formulating said compensation system. whether e pressly or impliedly$ [ 4he two statutes on the specific matter in . e (e!ery statute must be so construed and harmoniAed with other statutes as to form uniform system of 2urisprudence$ [ the legislature should be presumed to ha!e 1nown the e isting laws on the sub2ect and not to ha!e enacted conflicting statutes$ /nitia.6. rates and other related details following such specifications as may be prescribed by the President$C  IssueD whether %ec8 of PD*7+. en%ya  Ghere a statute is re!ised or a series of legislati!e acts on the same sub2ect are re!ised or consolidated into one. &ourtD it is clear that the two law are not coe tensi!e and mutually inclusi!e in their scope and purpose$ [ RA . 0 B e emptions notwithstanding. . e cept those impeachable officers.uirements of the law$ Ceb% /nstit%te of Tec*no#ogy v. city and municipal assessors of the municipalities within )etropolitan )anila Area for the different classes of real property situated in their respecti!e local go!ernment units for enactment by ordinance of the sanggunian concerned$ !agad v. policies.*86 co!ers almost all go!ernmental functions delegated to local go!ernment units all o!er the country$ [ PD +:* embraces only )etropolitan )anila Area and is limited to the administration of financial ser!ices therein$ [ %ec$+ PD+:* re. agencies shall report to the President. before the inference of implied repeal may be drawn$ [ /nterpretare et concordare #eges #egib%s.uires that the schedule of !alues of real properties in the )etropolitan )anila Area shall be prepared 2ointly by the city assessors states that the schedules shall be prepared by the pro!incial. 6r v. the two laws being reconcilable$  Ghile the Philippine Postal &orporation is allowed to fi its own personnel compensation structure through its board of directors. the Local Ko!ernment &ode. est optim%s interpretandi mod%s. the Ombudsman Act grants disciplinary authority to the Ombudsman to discipline electi!e and appointi!e officials. and the role of D') is merely to ensure that the action ta1en by the board of directors complies the re.*86. RA . CoA  implied repeal will not be decreed unless there is an irreconcilable inconsistency between two pro!isions or laws is RA .-79 in relation to PD *7+. has been repealed.uestion are not so inconsistent.-79 0 in part of the Postmaster Keneral. sub2ect to rules and regulations promulgated by the )inistry of Education. co!ering the entire field of sub2ect matter. insofar as local electi!e officials in the !arious officials therein named$  @eldD both laws should be gi!en effect because there is nothing in the Local Ko!ernment &ode to indicate that it has repealed.

C construed$  5ature of repealing clause  5ot e press repealing clauses because it fails to identify or designate the act or acts that are intended to be repealed$  A clause. hours from notice of 2udgment. was repealed. to reap or thresh a portion of the crop at any time pre!ious to the date set. abolished share tenancy. Land "egistration Commission . and where such law. has been replaced by the *++. Rule 9* of the pre3*66. the Agricultural Land Reform &ode superseded the Agricultural 4enancy Act. A#m%ete  Re!ision of the Agricultural 4enancy Act by the Agricultural Land Reform &ode$  %ec -+ of A4& (RA **++" Bit shall be unlawful for either the tenant or landlord without mutual consent. the proper step is to so e press it$ ♥ Parras v. what is not included in the reenactment is deemed repealed$  4he new statute is a substitute for the original section and all matters in the section that are omitted in the amendment are considered repealed$ Other forms of implied repeal  4he most powerful implication of repeal is that which arises when the later of two laws is e pressed in the form of a uni!ersal negati!e$  4here is a clear distinction between affirmati!e and negati!e statutes in regard to their repealing effects upon prior legislation$  Affirmati!e statute does not impliedly repeal the prior law unless an intention to effect a repeal is manifest.  Ghere a new statute co!ers the whole sub2ect matter of an old law and adds new pro!isions and ma1es changes. operates to repeal by implication the prior law. was not reproduced in the Agricultural Land Reform &ode$  4he effect of such non3reenactment is a repeal of %ection -+$  It is a rule of legal hermeneutics that an act which purports to set out in full all that it intends to contain. whose purpose or ob2ect is diametrically opposed to that of an earlier law on the same sub2ect which thereby depri!es it of its reason for being. which pro!ides in %ec$ . the latter disappears entirely and what is omitted in the reenacted law is deemed repealed$ ♥  Ghere a law amends a specific section of a prior act by pro!iding that the same is amended so as to read as follows. Rules of &ourt. whether it be in the form of an amendment or otherwise. Ghere a new statute is intended to furnish the e clusi!e rule on a certain sub2ect.  A negati!e statute repeals all conflicting pro!isions unless the contrary intention is disclosed$  Legislati!e intent to repeal is also shown where it enacts something in general term and afterwards it passes another on the same sub2ect. is e!idently intended to be a re!ision of the old act. and e!idently intended as the substitute for it. Rules of &i!il Procedure. it repeals by implication the old law on the same sub2ect. for its threshing$C  An action for !iolation of this penal pro!ision is pending in court. that appeal from 2udgment or final order shall be ta1en within *7 days from receipt thereof. which then .uent statute will usually be considered as repealing by implication the former regarding the matter co!ered by the subse.uent act$  4he e press repeal of a pro!ision of law from which an e ecuti!e official deri!es his authority to enforce another pro!ision of the same law operates to repeal by implication the latter and to depri!e the official of the authority to enforce it$  4he enactment of a statute on a sub2ect. in !iew of the fact that the %ec$ *. which though e pressed in affirmati!e language introduces special conditions or restrictions  4he subse. operates to repeal the former statute$ T%ng C*in !%i v.Rule 9* thereof. which predicates the intended repeal upon the condition that a substantial conflict must be found on e isting and prior acts of the same sub2ect matter$  4he presumption against implied repeal and the rule on strict construction regarding implied repeal apply e proprio !igore$  Legislature is presumed to 1now the e isting law so that if repeal of particular or specific law or laws is intended. in accordance with the well3settled rule of statutory construction that pro!isions of an old law that were not reproduced in the re!ision thereof co!ering the same sub2ect are deemed repealed and discarded  @eldD %& in this case to abrogate those pro!isions of the old laws that are not reproduced in the re!ised statute or &ode$ ♥ Repeal by reenactment  Ghere a statute is a reenactment of the whole sub2ect in substitution of the pre!ious laws on the matter. which pro!ided the appeal in habeas corpus cases to be ta1en within 9. operates as a repeal of anything omitted which was contained in the old act and not included in the act as re!ised$  A substitute statute. e!en though the pro!isions of both laws are not inconsistent$ BAll laws or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly. it repeals the old act by implication$ Peop#e v.uotes the amended pro!ision. "odrig%e'  IssueD whether %ec$*.

the statute of later date must pre!ail. or credits. nor will they adopt an interpretation leading to an ad2udication of repeal by implication unless it is ine!itable and a clear and e plicit reason thereof can be adduced$ ♥ As between two laws. Pa#acio  Repeals by implication are not fa!ored. the doubt should be resol!ed against implied repeal$  IssueD whether &entral 'an1 &ircular 9*8 has impliedly repealed or amended Art ::6+ of the &i!il &ode  @eldD in answering the issue in the negati!e. Angas  Illustrates the application of the principle that repeal or amendment by implication is not fa!ored$ Mani#a Trading 3 S%pp#y Co. if possible. against implied repeal  Legislature is presumed to 1now the e isting laws on the sub2ect and not to ha!e enacted inconsistent or conflicting statutes$  A construction which in effect will repeal a statute altogether should. being the law of the later enactment$ .uiring the payment of indemnities as damages. Labor 1nion  an act passed April *8th and in force April :*st was held to pre!ail o!er an act passed April + th and in effect #uly 9th of the same year$  And an act going into effect immediately has been held to pre!ail o!er an act passed before but going into effect later$  Ghene!er two statutes of different dates and of contrary tenor are of e. the &entral 'an1 &ircular applies$  In cases re.2a#de' v. and will not be decreed unless it is manifest that the legislature so intended$  As laws are presumed to be passed with deliberation and with full 1nowledge of all e isting ones on the sub2ect  It is but reasonable to conclude that in passing a statute it was not intended to interfere with or abrogate any former law relating to some matter  Fnless the repugnancy between the two is not only irreconcilable. goods or credits. gi!ing first preference to unpaid wages and other monetary claims of labor. the later act fully embraces the sub2ect matter of the earlier. they can be reconciled. the former must yield to the latter. in connection with any delay in the performance of an obligation other than those in!ol!ing loan or forbearance of money. the one passed later and going into effect earlier will pre!ail o!er one passed earlier and going into effect later$ 1S v. goods.uestion to be determined is whether the new statute is in fundamental and irreconcilable conflict with the prior statute on the sub2ect$  %ignificance of the repealing clauseD the presence of such general repealing clause in a later statute clearly indicates the legislati!e intent to repeal all prior inconsistent laws on the sub2ect matter whether or not the prior law is a special law$  A later general law will ordinarily not repeal a prior special law on the same sub2ect. be re2ected$  In case of doubt as to whether a later statute has impliedly repealed a prior law on the same sub2ect. as well as 2udgments relating to such load or forbearance of money.uent general law. one passed later pre!ails  Leges posteriors priores contrarias abrogant (later statute repeals prior ones which are not repugnant thereto$"  Applies e!en if the later act is made to ta1e effect ahead of the earlier law$  As between two acts. accordingly. Art ::6+ of the && applies  &ourts are slow to hold that one statute has repealed another by implication and they will not ma1e such ad2udication if they can refrain from doing so. the later act will not operate as a repeal of the earlier$ +APOCO" v. as the clause is a clear legislati!e intent to bring about that result$ ♥ Repeal by implication not fa!ored  Presumption is against inconsistency or repugnancy and. P*i#. or unless the reason for the earlier act is beyond perad!enture remo!ed$  E!ery effort must be used to ma1e all acts stand and if. or if they can arri!e at another result by any construction which is 2ust and reasonable$  &ourts will not enlarge the meaning of one act in order to decide that is repeals another by implication.ually repealed without it$  Either with or without it. as the latter is generally regarded as an e ception to the former$  Gith such clause contained in the subse. being a later e pression of legislati!e will$ P*i#ippine +ationa# ank v. T%ason  Bsuch a clause repeals nothing that would not be e. the court ruled that repeals or e!en amendments by implication are not fa!ored if two laws can be fairly reconciled$ 4he statutes contemplate different situations and apply to different transactions in!ol!ing loan or forbearance of money. and flowing necessarily form the language used. goods or credits. the real . v. but also clear and con!incing. Cr%'  As between the order of preference of credit set forth in Articles ::9* to ::97 of the && and that of Article **6 of the Labor &ode. by any reasonable construction. the prior special law will be deemed repealed.ual theoretical application to a particular case.

. although the general statute are broad enough to include the cases embraced in the special law. o!er the fi ing of rate of charges of public utilities owned or operated by KO&&(s can only be e ercised where the charter of the go!ernment corporation concerned does not contain any pro!ision to the contrary$ P*i#ippine "ai#. %ec$ *which readD BIn consideration of the premises and of the operation of this concession or franchise. pro!ides that Bthere shall be collected in respect to all e isting and future franchises.years$  4here being a clear inconsistency between the two laws. it was e plicit that the 2urisdiction conferred upon the Republic %er!ice &ommission o!er the public utilities operated by go!ernment3owned or controlled corporations is to be confined to the fi ing of rates of such public ser!ices  4he harnessing and then distribution and sale of electric power to the consuming public. generally  A general law on a sub2ect does not operate to repeal a prior special law on the same sub2ect. an amount e. li1e RA :8. as amended by RA -+. upon the gross earnings or receipts from the business co!ered by the law granting a franchise ta of 7N of such ta es. and that repugnancy between them is reconciled by constituting the special law as an e ception to the general law$  Keneral law yields to the special law in the specific law in the specific and particular sub2ect embraced in the latter$  Applies irrespecti!e of the date of passage of the special law$ Application of rule +APOCO" v. unless it clearly appears that the legislature has intended by the later general act to modify or repeal the earlier special law$  Presumption against implied repeal is stronger when of two laws. the contingency intended to be met by the legal pro!ision under consideration would not e ist$  4he authority of the Public %er!ice &ommission under RA :8..enera#ia specia#ib%s non derogant & a general law does not nullify a specific or special law  4he legislature considers and ma1es pro!ision for all the circumstances of the particular case$  Reason why a special law pre!ails o!er a general lawD the legislature considers and ma1es pro!ision for all the circumstances of the particular case$  Keneral and special laws are read and construed together... the legislators could not ha!e 1nown the newer one and could not ha!e intended to change what they did not 1now$  &&D laws are repealed only by subse.. Domingo v. li1e &om$ Act *:6.(c" states that the term of office of barangay officials who were to be elected also on the :nd )onday of )ay *++9 is .. COMELEC  %ec$ * of RA 88. Co##ector of /nterna# "even%e  PR& was granted a legislati!e franchise to operate a railway line pursuant to Act 5o$ *9+. charges. amending the Public %er!ice Act and granting the Public %er!ice &ommission the 2urisdiction to fi the rate of charges of public utilities owned or operated by the go!ernment or go!ernment3owned corporations$  @eldD a special law.ay Co. a go!ernment3owned corporation.uent ones. one is special and the other general and this applies e!en though the terms of the general act are broad enough to include the matter co!ered by the special statute$  . unless the pro!isions hereof preclude the imposition of a higher ta $ ♥ Sto. 4he later law repeals an earlier one because it is the later legislati!e will$  PresumptionD the lawma1ers 1new the older law and intended to change it$  In enacting the older law. v. and percentages as are specified in the special charters of the corporation upon whom suc franchises are conferred.uent statute. and empowering it Bto sell electric power and to fi the rates and pro!ide for the collection of the charges for any ser!ices renderedD Pro!ided.*86 %ec 9. pro!iding for a particular case or class of cases. whiche!er is higher.+ pro!ides that the term of barangay officials who were to be elected on the second )onday of )ay *++9 is 7 years  4he later act RA . in the absence of a clear intent to repeal$  4here appears no such legislati!e intent to repeal or abrogate the pro!isions of the earlier law$  4he e planatory note to @ouse 'ill 96-6 the later became RA :8. annually. is not repealed by a subse.years shall pre!ail$ ♥ Keneral law does not repeal special law. there shall be paid by the grantee to the Philippine Ko!ernment. not the other way around$ David v. the later law fi ing the term barangay officials at . the rates of charges shall not be sub2ect to re!ision by the Public %er!ice Act has been repealed by RA :8. Arca  IssueD whether %ec$ : of &om$ Act *:6 creating the 5APO&OR. general in its terms.ual to one3half of one per centum of the gross earnings of the grantee $C  %ec :7+ of Internal Re!enue &ode. De #os Ange#es  4he court in!ariably ruled that the special law is not impliedly repealed and constitutes an e ception to the general law whene!er the legislature failed to indicate in unmista1able terms its intent to repeal or modify the prior special act$ .

a charter becomes a pri!ate contract and cannot be altered nor amended e cept by consent of all concerned. De#os Ange#es  4he &i!il %er!ice law on the procedure for the suspension or remo!al of ci!il ser!ice employees does not apply with respect to the suspension or remo!al of members of the local police force$ ♥ Ghen special or general law repeals the other$  4here is always a partial repeal where the later act is a special law$ 2a#era v. the franchise ta payable by all grantees of franchise to generate. LLDA or the towns and municipalities compromising the region should e ercise 2urisdiction o!er the Laguna La1e and its en!irons insofar as the issuance of permits for fishery pri!ileges is concerned$  4he LLDA statute specifically pro!ides that the LLDA shall ha!e e clusi!e 2urisdiction to issue permits for the use of all surface water for any pro2ects in or affecting the said region. CA  A city charter gi!ing real estate owner a period of one year within which to redeem a property sold by the city for nonpayment of realty ta from the date of such auction sale. and that the LLA statute. which fi ed the minimum age . IssueD whether %ection :7+ of the 4a &ode has repealed %ection *.*86 a general law. in passing a special charter. pre!ails o!er a general law granting landowners a period of two years to ma1e the redemption$ Sto. the discussions on the floor of the legislature.aer#an v. CA  IssueD which agency of the go!ernment. are withdrawn upon the effecti!ity of the &ode$ . must be ta1en as an e ception to RA .. the later law cannot be said to ha!e repealed the prior law as to !est in the municipal mayor the power to appoint municipal clec1 of court.6 as amended. repeal or modify the special act$  4he purpose of respecting the ta rates incorporated in the charters. intended to amend. and non3 stoc1 and non3profit hospitals and educational institutions.uent general law on a sub2ect has repealed or amended a prior special act on the same sub2ect by implication is a . as the subse. the pro!ince may impose a ta on business en2oying a franchise at a rate not e ceeding 76N of *N of the gross annul receipts$  @eldD the phrase is all3encompassing and clear that the legislature intended to withdraw all ta e emptions en2oyed by franchise holders and this intent is made more manifest by %ec$ *+. being a special law. "eyes  %ec$ * PD 77* pro!ides that any pro!ision of law or local ordinance to the contrary.ualification for members of the .uestion of legislati!e intent$  Intent to repeal may be shown in the act itself the e planatory note to the bill before its passage into law. e cept local water districts. for it will not be considered that the legislature.  Intent to repeal the earlier special law where the later general act pro!ides that all laws or parts thereof which are inconsistent therewith are repealed or modified accordingly  If the intention to repeal the special law is clear.uent law should be construed to comprehend only subordinate officials of the municipality and not those of the 2udiciary$ . and without any mention of its intention to amend or modify the charter.overnment of San Pab#o v. heat. stand upon a different footing from general laws$  Once granted. then the rule that the special law will be considered as an e ception to the general law does not applyH what applies is the rule that the special law is deemed impliedly repealed$  A general law cannot be construed to ha!e repealed a special law by mere implication admits of e ception$ City . unless the right to alter or repeal is e pressly reser!ed$  ReasonD the legislature. Pasc%a#  &ler1s of courts municipal courts shall be appointed by the municipal 2udge at the e pense of the municipality and where a later law was enacted pro!iding that employees whose salaries are paid out of the municipal funds shall be appointed by the municipal mayor.arcia v.*86 the LK& of *++* grants the municipalities the e clusi!e authority to grant fishery pri!ileges in municipal waters$  @eldD two laws should be harmoniAed. when it pro!ides that unless otherwise pro!ided in this code ta e emptions or incenti!es granted to or presently en2oyed by all persons. Cat%big  IssueD whether %ec$ *: of RA *. of the LK& statesD 5otwithstanding any e emption granted by any law or other special law. Domingo v.of the &ode. the &ity &harter of Dagupan &ity. by adopting a general law containing the pro!isions repugnant to the pro!isions of the charter.ordon v. T%ason  A subse. and power shall be :7 of their gross receipts$  %ec$ *-. . including the operation of fish pens$  RA . distribute. and sell electric current for light.of Act *9+. as shown by the clause$ LLDA v. has its attention directed to the special facts and circumstances in the particular case in granting a special charter. being a special law. cooperati!es.

ui!alent to a declaration that the repealed statute is in!alid from the date of its enactment$  4he repeal of a law does not undo the conse. CoA  &oA contended that the PI4& charter had been impliedly repealed by the %ec$ *8 RA 8. which are still pending.uired and is e ercising 2urisdiction o!er a contro!ersy. "amire'  A charter of a city. under the old law.uires 2urisdiction o!er a contro!ersy. including those. which too1 effect on #anuary *. therefore. it shall continue to e ercise such 2urisdiction until the final determination of the case and it is not affected by subse. the e piration of the law during the pendency of the proceedings does not di!est the &ommissioner of &ustoms of the 2urisdiction to continue to resol!e the case. may be impliedly modified or superseded by a later statute. for the reason that a charter must not be inconsistent with the general laws and public policy of the state$  %tatute remains supreme in all matters not purely local$  A charter must yield to the constitution and general laws of the state$ P*i#ippine /nternationa# Trading Corp v.years has been repealed by %ec$8 of RA ::7+  @eldD there was an implied repeal of %ec$ *: of the charter of Dagupan &ity because the legislati!e intent to repeal the charter pro!ision is clear from the fact that Dagupan &ity.uired 2urisdiction to try and decide a case. is not one of those cities e pressly e cluded by the law from its operation and from the circumstance that it pro!ides that all acts or parts thereof which are inconsistent therewith are repealed$  4he last statute is so broad in its terms and so clear and e plicit in its words so as to show that it was intended to co!er the whole sub2ect and therefore to displace the prior statute$ agatsing v. notwithstanding any of its particular pro!isions$  A subse.uent statute amending or repealing a prior act under which the court ac. 1nown as the LK& was repealed by RA . it must be read into the charter. which is a special law.uences of the operation of the statute while in force. nor does it ha!e the effect of ma1ing the illegal importation legal or of setting aside the decision of the commissioner on the matter$ On 2urisdiction to try criminal case  Once a 2urisdiction to try a criminal case is ac. is an illegal transaction. the e piration or repeal of a statute does not render legal what. unless such result is directed by e press language or by necessary implication. its 2urisdiction to proceed to final determination of the cause is not affected by the new legislation repealing the statute which originally conferred 2urisidiction$  RuleD once the court ac. if it appears that pending appeal a statute ♥ ♥ "amos v. so as to depri!e the court or tribunal the court or tribunal of the authority to act on a case in!ol!ing such illegal transaction$  Ghere a law declares certain importations to be illegal. re!erse a 2udgment which was correct when pronounced in the subordinate tribunal.7. unless otherwise pro!ided$  In the absence of a legislati!e intent to the contrary.uired. generally  Appeal of a statute renders it inoperati!e as of the date the repealing act ta1es effect$  Repeal is by no means e.uently rendered thereon null and !oid for want of authority. e cept as it may affect rights which become !ested when the repealed act was in force$ other source of prestation in!ol!ing a local go!ernment unit shall be go!erned by the original terms and conditions of said contracts or the law in force at the time such rights were !ested$ ♥ On 2urisdiction.uent general law similarly applicable to all cities pre!ails o!er any conflicting charter pro!ision.city council at :.7.uired 2urisdiction o!er the case with the effect of remo!ing the courts( 2urisdiction may not operate to oust 2urisdiction that has already attached$ On actions. pending or otherwise  RuleD repeal of a statute defeats all actions and proceedings. M%nicipa#ity of Daet  'P --. that 2urisdiction remains with the court until the case is finally determined$  A subse. and where a statute is controlling.uent legislation !esting 2urisdiction o!er such proceedings in another tribunal admits of e ceptions$  Repeal or e piration of a statute under which a court or tribunal originally ac.*86 1nown as LK& of *++*. *++:$  %ec$ 7 (d" of the new code pro!ides that rights and obligations e isting on the date of the effecti!ity of the new code and arising out of contracts or any . unli1e some cities. generally  5either the repeal nor the e planation of the law depri!es the court or administrati!e tribunal of the authority to act on the pending action and to finally decide it$  Keneral ruleD where a court or tribunal has already ac. the legislati!e intent to do so being manifest$  PI4& should now be considered as co!ered by laws prescribing a compensation and position classification system in the go!ernment including RA 8.$ ♥ Effects of repeal. which arose out of or are based on said statute$  4he court must conform its decision to the law then e isting and may.  @eldD that there was implied repeal. does not ma1e its decision subse. sub2ect to forfeiture by the &ommissioner of &ustoms pursuant to what the latter initiated forfeiture proceedings.

the repeal of such statute after an appellant has already perfected his appeal will not destroy his right to prosecute the appeal not depri!e the appellate court of the authority to decide the appealed case$ "ep%b#ic v. the pre!ious offense is obliterated$  4hat a total repeal depri!es the courts of 2urisdiction to try. %ec$ *7 of the *+.ualification is a legislati!e act of rendering legal what is pre!iously decreed as illegal. con!ict.+ has already prescribed$  @eldD Bin his pleadings. charged with !iolations of the old law prior to the repeal$  Repeal of a statute which pro!ides an indispensable element in the commission of a crime as defined in the RP& li1ewise operates to depri!e the court of the authority to decide the case. A#m%ete  Ghere the reenactment of the repealed law is not simultaneous such that the continuity of the obligation and the sanction for its !iolation form the repealed law to the reenacted law is bro1en. P+  Ghere a statute gi!es holders of bac1pay certificates the right to use said certificates to pay their obligations to go!ernment financial institutions. and pending cases are not thereby affected$  Ghere the repealing act contains a sa!ing clause pro!iding that pending actions shall not be affected. will not preclude the accused(s prosecution. prosecution of the person charged under the old law cannot be had and the action should be dismissed$  Ghere the repeal of a penal law is total and absolute and the act which was penaliAed by a prior law ceases to be criminal under the new law.+ should be deemed amended or repealed by Art$ EI.uiring the abatement of actions instituted for the enforcement of such rights$  Rights accrued and !ested while a statute is in force ordinarily sur!i!e its repeal$  4he constitution forbids the state from impairing. 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 ta laws  Rule fa!oring a prospecti!e construction of statutes is applicable to statutes which repeal ta laws$  %uch statute is not made retroacti!e. con!ict. +igorra  A statute gi!es an appellant the right to appeal from an ad!erse decision.. &onstitution$ ♥ On contracts  Ghere a contract is entered into by the parties on the basis of the law then obtaining.which was necessary to support the 2udgment of the lower court has been withdrawn by an absolute repeal$ ♥ On !ested rights  repeal of a statute does not destroy or impair rights that accrued and became !ested under the statute before its repeal$  4he statute should not be construed so as to affect the rights which ha!e !ested under the old law then in force.ualification$  ReasonD the repeal of a penal law without dis. a ta assessed before the repeal is collectible afterwards according to the law in force when the assessment or le!y was made$ Effect of repeal and reenactment ♥ ♥ ♥ . rule rests on the same principle as that concerning the effect of a repeal of a penal law without . pri!ate respondent contends that he may no longer be prosecuted because of the prescription$  It must be pointed out that %ec$ : RA *-. or as re. so that the person who committed it is as if he ne!er committed an offence  E ceptionD  where the repealing act reenacts the statute and penaliAes the same act pre!iously penaliAed under the repealed law. e cept in the legitimate e ercise of police power$  %imultaneous repeal and reenactment of a statute does not affect the rights and liabilities which ha!e accrued under the original statute. and sentence. the crime is obliterated and the stigma of con!iction of an accused for !iolation of the penal law before its repeal is erased$ %yco v. the act committed before reenactment continues to be a crime. Migrino  IssueD whether prosecution for une plained wealth under RA *-. under which a person is charged with !iolation thereof and its simultaneous reenactment penaliAing the same act done by him under the old law. !ested rights or the obligations of contract. since the reenactment neutraliAes the repeal and continues the law in force without interruption$  4he repeal of a penal law. so that the crime no longer e ists. the repeal carries with it the depri!ation of the court of its authority to try. and sentence the person charged with !iolation of the old law to its repeal$ ♥ Effect of repeal of penal laws  Ghere the repeal is absolute. by enactment or repeal of a law. persons. nor depri!e the court of the 2urisdiction to try and con!ict him$ Peop#e v. the latter will continue to be prosecuted in accordance with the old law$ Distinction as to effect of repeal and e piration of law  In absolute repeal. the repeal of the law disallowing such payment will not depri!e holders thereof whose rights become !ested under the old law of the right to use the certificates to pay their obligations to such financial institutions$ 1n Pak Le%ng v.

municipalities and geographical areas connotes that a region consists of more than one unit$ In its ordinary sense region means two or more pro!inces.D &ongress passed Resolution 5o$:.stepsD  drafting and appro!al of the constitution must be authoriAed  it must be certified by the President of the F%  it must be ratified by the people of the Philippines at a plebiscite • *+. thus Ifugao cannot be constituted the &ordillera Autonomous Region Marcos v. cities. liberty. C*ief of Staff . reser!ing to the people themsel!es plenary so!ereignty • written charter enacted and adopted by the people by which a go!ernment for them is established • permanent in nature thus it does not only apply to e isting conditions but also to future needs • basically it is the fundamental laws for the go!ernance and administration of a nation • absolute and unalterable e cept by amendments • all other laws are e pected to conform to it Origin and history of the Philippine &onstitutions • *+-7 &onstitution Peop#e v.uired ... &onstitution o after ED%A Re!olution o also 1nown as the *+. effect of  Ghen a law which e pressly repeals a prior law is itself repealed. it will ha!e no effect of repealing the former statute. &harter Primary purpose of constitutional construction &onstitution construed as enduring for ages • &onstitution is not merely for a few years but it also needs to endure through a long lapse of ages • WHY/ 'ecause it go!erns the life of the people not only at the time of its framing but far into the indefinite future • it must be adaptable to !arious crisis of human affairs but it must also be solid permanent and substantial • Its stability protects the rights.♥ Effect of repeal of municipal charter  4he repeal of a charter destroys all offices under it..&onstitution o adopted in response to popular clamor to meat the problems of the country o )arch *8. sa!e those e cepted in the charter itself$ Repeal or nullity of repealing law. Article *6 • @eldD 5o$ the 1eywords pro!inces. Linsangan 0 e plained as to how this &onstitution came aboutD • 4ydings3)cduffie Law3 allowed the /ilipinos to adopt a constitutions but sub2ect to the conditions prescribed in the Act$ o Re. which was amended by Resolution 5o$ 9. the law first repealed shall not thereby re!i!ed unless e pressly so pro!ided  Ghere a repealing statute is declared unconstitutional. 2ustice and the public interest @ow language of constitution construed • primary source in order to ascertain the constitution is the LA5KFAKE itself • 4he words that are used are broad because it aims to co!er all contingencies • Gords must be understood in their common or ordinary meaning e cept when technical terms are employee o G@MR 'ecause the fundamental law if essentially a document of the people • Do not construe the constitution in such a way that its meaning would change • Ghat if the words used ha!e both general and restricted meaningR • RuleD general pre!ails o!er the restricted unless the contrary is indicated$ Ordi##o v. the former or old statute continues to remain in force$ • • primary tas1 of constitutional construction is to ascertain the intent or purpose of the framers of the constitution as e pressed in its language purpose of our &onstitutionD to protect and enhance the people(s interests ♥ CHAPTER ELEVEN: Const!tut!ona' Constru t!on &onstitution defined • fundamental law which sets up a form of go!ernment and defines and delimits the powers thereof and those of its officers. and property of the people (rich or poor" • It must be construed as a dynamic process intended to stand for a great length of time to be progressi!e and not static • Ghat it is 5O4D o It should 5O4 change with emergencies or conditions o It should 5O4 be infle ible o It should 5O4 be interpreted narrowly • Gords employed should not be construed to yield fi ed and rigid answers because its meaning is applied to meet new or changed conditions as they arise • &ourts should construe the constitution so that it would be consistent with reason. calling a con!ention to propose amendments to the &onstitution • *+. *+8. COMELEC • IssueD whether the sole pro!ince of Ifugao can be !alidly constituted in the &ordillera Autonomous Region under %ection *7. and puts an end to the functions of the incumbents$  4he con!ersation of a municipality into a city by the passage of a charter or a statute to that effect has the effect of abolishing all municipal offices then e isting under the old municipality offices then the e isting under the old municipality.

Art$ . the history must be ta1en into consideration because there are certain considerations rooted in the historical bac1ground of the en!ironment at the time of its adoption (Legaspi !$ )inister of /inance" A$%ino v. *+. instrumentalities and KO&&s created by PDs and other modes of presidential issuances where &abinet members. E)ec%tive Secretary • issueD whether EO :. the conditions under which the constitutional pro!isions was framed and its ob2ect • heldD before the adoption of the constitutional pro!ision.. per diems. allowances and other prere.uences of alternati!e interpret3tations • these aids are called e traneous aids because though their effect is not in precise rules their influence describes the essentials of the process (remember preambleR  ganito lang din yun" Realities e isting at time of adoptionH ob2ect to be accomplished • @istory basically helps in ma1ing one understand as to how and why certain laws were incorporated into the constitution$ • In construing constitutional law. not to the interim 'atasang Pambansa • words which ha!e ac. found in many sections of the *+.. *+. of the *+-7 &onstitution o Gho are included under the terms inferior court in section : Article .• • • IssuesD o the meaning or scope of the words any court in %ection *. !iolates %ec$ *-. emoluments.&onstitution refers to the regular.. COMELEC • IssueD what does the term Bincumbent president in sec$ .. generally • apart from its language courts may refer to the following in construing the constitutionD o history o proceedings of the con!ention o prior laws and 2udicial decisions o contemporaneous constructions o conse. of Article *. of the *+. the language of %ec *. Bthere was a proliferation of newly3created agencies.ual se!erity • on its face. Article *.C which means the regular national assembly. >ice President. &onstitution • court e amined the history of the times. undersecretary and assistant secretary to hold not more than two positions in the go!ernment and KO&&s and to recei!e corresponding compensation therefore.-.uino and >P Doy Laurel Civi# Liberties 1nion v.of Article *.9. of the *+. their deputies or assistants were designated to head or sit as members of the board with the corresponding salaries. &onstitution is to impose a stricter prohibition on the President. is prohibitory so that it must be understood as intended to be a positi!e and une.uired a technical meaning before they are used in the constitution must be ta1en in that sense when such words as thus used are construed Aids to construction. the new constitution was appro!ed on 5o!ember -6. prohibits any members of the &ongress from appearing as counsel in any criminal case $ 4his is not limited to ci!il but also to a military court or court martial since the latter is also a court of law and 2ustice as is any ci!il tribunal$ Inferior courts are meant to be construed in its restricted sense and accordingly do not include court martials or military courts for they are agencies of e ecuti!e character and do not belong to the 2udicial branch unli1e the term inferior court is$ Another RFLED words used in one part are to recei!e the same interpretation when used in other parts unless the contrary is applied=specified$ • • @eldD @istory shows that at that time the term of President )arcos was to terminate on December -6. which authoriAes a cabinet member. @eldD %ection *. the e ception to this prohibition must be read with e.uired into because it sheds light into what the framers of the constitution had in mind at that time$ (refers to the debates.uisites of office • since the e!ident purpose of the framers of the *+.ui!ocal negation of the pri!ilege of holding multiple go!ernment offices or employment Proceedings of the con!ention • RFLED If the language of the constitutional pro!ision is plain it is not necessary to resort to e trinsic aids • EE&EP4IO5D when the intent of the framer doesn(t appear in the te t or it has more than one construction$ • Intent of a constitutional con!ention member doesn(t necessarily mean it is also the people(s intent • 4he proceedings of the con!ention are usually in. their deputies and assistants with respect to holding multiple go!ernment offices or employment in the Ko!ernment during their tenure. of the *+. members of the &abinet.: still during his incumbency and as being the only incumbent president at the time of the appro!al it 2ust means that the term incumbent president refers to )r$ )arcos #ustice Antonio concurring opinion statesD the only rational way to ascertain the meaning and intent is to read its language in connection with the 1nown conditions of affairs out of which the occasion for its adoption had arisen and then construe it$ /n re erm%de' • incumbent president referred to in section 7 of Article *.Art$ . interpretations and opinions concerning particular pro!isions" • Lo'ada v COMELEC • the term B'atasang Pambansa.&onstitution refer toR . constitution refers to incumbent President A..

%ec *7(*" re. Pamaran • the phraseC no person shall be compelled in a criminal case be a witness against himselfC is changed in such a way the words criminal cases had been deleted simply means that it is not limited to criminal cases only$ &onse.a#man v. impossible or mischie!ous conse. cannot pre!ail o!er the positi!e pro!isions nor is it determinati!e of any conclusion$ &ertain pro!isions in our constitution (from *+-7 to the present" are mere reenactments of prior constitutions thus these changes may indicate an intent to modify or change the meaning of the old pro!isions$ . the so!ereign itself spea1s and is laying down rules which for the time . poultry and swine • 4ranscript of the deliberations of the &onstitutional &ommission of *+.*8 did not originate e clusi!ely from the @OR as re.uences of alternati!e constructions • conse. contemporaneous construction are entitled to great weight howe!er when it comes to the constitution it has no weight and will not be allowed to change in any way its meaning$ • Gritings of delegates 0 has persuasi!e force but it depends on two thingsD o if opinions are based on fact 1nown to them and not established it is immaterial o on legal hermeneutics.. as negati!e guides. and residential lands • @eldD it is e!ident in the foregoing discussion that %ec : of RA 887. that it should originate from @OR but it could still be modified by the %enate"  )andatory or directory • RFLED constitutional pro!isions are to be construed as mandatory unless a different intention is manifested$ • GhyR 'ecause in a constitution. &onstitution • 4he &ourt relied on the proceedings of the &onstitutional &ommission on Bminor ad2ustmentsC which refers only to the instance where a municipality which has been forgotten (ano ba TtoL1inalimutan ang municipality" is included in the enumeration of the composition of the congressional district and not to the transfer of one municipality from one district to another. passage of bill • in!ol!ed are article 8 %ec$ :9 and RA . one or more municipalities from one congressional district to another district within a pro!ince.uired into to • • ascertain the intent or purpose of the pro!ision as appro!ed @OGE>ER mere deletion. Secretary of Finance • >A4 Law. Secretary of DA" • Ghether the term BagricultureC as used in the &onstitution embraces raising li!estoc1. COMELEC • Ghether the &O)ELE& has the power to transfer.*8 (>A4 Law" • contention of the petitionerD RA .uences must be re2ected$ • e$g$ directory and mandatory interpretationD Art$ .uences that may follow from alternati!e construction of doubtful constitutional pro!isions constitute an important factor to consider in construing them$ • if a pro!ision has more than one interpretation. pursuant to %ec : of the Ordinance appended to the *+.. by resolution. to the e tent of the aforecited agro3 industrial acti!ities are made to be co!ered by the agrarian reform program of the %tate Monte-o v. which includes Bpri!ate agricultural lands de!oted to commercial li!estoc1. which has been considered a substanti!e or ma2or ad2ustment &ontemporaneous construction and writings • may be used to resol!e but not to create ambiguities • In construing statutes.uires 2udges to render decision within specific periods from date of submission for decision of cases (construed as directory because if otherwise it will cause greater in2ury to the public" &onstitution construed as a whole • pro!ision should not be construed separately from the rest it should be interpreted as a whole and be harmoniAed with conflicting pro!isions so as to gi!e them all force and effect$ • sections in the constitution with a particular sub2ect should be interpreted together to effectuate the whole purpose of the &onstitution$ To#entino v.uired by the &onstitution because it is the result of the consolidation of two distinct bills$ • &ourtD re2ected such interpretation$ (guys alam niyo na naman to.8 on the meaning of BagricultureC clearly shows that it was ne!er the intention of the framers of the &onstitution to include li!estoc1 and poultry industry in the co!erage of the constitutionally3 mandated agrarian reform program of the Ko!ernment • Agricultural lands do not include commercial industrial.. that construction which would lead to absurd. their conclusions may not be a shade better in the eyes of the law$ Pre!ious laws and 2udicial rulings • framers of the constitution is presumed to be aware of pre!ailing 2udicial doctrines concerning the sub2ect of constitutional pro!isions$ 4@F% when courts adopt principles different from prior decisions it is presumed that they did so to o!errule said principle &hanges in phraseology • 'efore a constitution is ratified it undergoes a lot of re!isions and changes in phraseology (e $ deletion of words" and these changes may be in.L%' Farms v. poultry and swine raisingC in the definition of Bcommercial farmsC is I5>ALID.

.of /ilipino mothers. E#ectric Trib%na# • %ec$ *(-" Art$ 9 of the *+.ualified entity can match the winning bid of a foreigner • @eldD resolution depends on whether the issue is self e ecuting or not$ 4he court ruled that the .. *+.uire legislations to implement them$ • %EL/ EEE&F4I5K PRO>I%IO5%3 pro!isions which are complete by themsel!es and becomes operati!e without the aid of supplementary legislation$ • #ust because legislation may supplement and add or prescribe a penalty does not render such pro!ision ineffecti!e in the absence of such legislation$ • In case of DoubtR &onstrue such pro!ision as self e ecuting rather than non3self e ecuting$ Mani#a Prince !ote# v.ualified /ilipino entity must be gi!en preference by granting it the option to match the winning bid because the pro!ision is self e ecuting$ 3 4he End 3 ..S/S • IssueD w=n the sale at public bidding of the ma2ority ownership of the )anila @otel a . &onstitution states that those born before #anuary *. who elect Philippine citiAenship upon reaching the age of ma2orityC are citiAens of the Philippines has a retroacti!e effect as shown to the clear intent of the framers through the language used Applicability of rules of statutory construction • Doctrines used in Sarmiento v. KOD may be glorifiedC Prospecti!e or retroacti!e • RFLED constitution operates prospecti!ely only unless the words employed are clear that it applies retroacti!ely Magtoto v..• being at least are to control ali1e the go!ernment and the go!erned$ failure of the legislature to enact the necessary re.uired by the constitution does not ma1e the legislature is illegal$ B4hat in all things. Mang%era • %ec :6 of Article I> of the *+. Mison is a good e ample in which the %& applied a number of rules of statutory construction$ • IssueD whether or not the appointment of a &ommissioner of &ustoms is sub2ect to confirmation by the &ommission on appointments Kenerally. .&onstitutionD Bno person shall be compelled to be a witness against himself$ Any confession obtained in !iolation of this section shall be inadmissible in e!idenceC • &ourt held that this specific portion of the mandate should be gi!en a prospecti!e application Co v. constitutional pro!isions are self3e ecuting • RFLED constitutional pro!isions are self e ecuting e cept when pro!isions themsel!es e pressly re.

Sign up to vote on this title
UsefulNot useful

Master Your Semester with Scribd & The New York Times

Special offer for students: Only $4.99/month.

Master Your Semester with a Special Offer from Scribd & The New York Times

Cancel anytime.