ARELLANO UNIVERSITYSCHOOLOFLAW Statutory Construction 1st Term 2009-2010 REVIEWER: I. Statutes, in general A.Definitions and Distinctions1.

What is a statute? - an act of the legislature commanding or prohibiting something; a particular law enacted and established by the will of the legislative department of government; the written will of the legislature, solemnly expressed according to the forms necessary to constitute it the law of the state. 2. What is a law? -law means a rule of conduct formulated and made obligatory by legitimate power of the state. 3. What is Construction? -root word is "construe" -the drawing of conclusions with respect to subjects that are beyond the direct expression of the text from elements known and given in the text. 4. What is Interpretation? - the process of discovering the true meaning of the language used. 5. What is Statutory Construction? - is the art or process of discovering and expounding the meaning and the intention of the authors of the law with respect to its application in a given case, where that intention is rendered doubtful, amongst others, by reason of the fact that the given case is not explicitly provided for in the law. Definition of Statutory Constructioncase 1: Caltex v. Palomar (GR L-19650, 29 September 1966) B. Parts of a Statute 1) Title The part which announces the subject of the bill. The purpose of a title is to give a general statement of and to call attention to the subject matter of the act. It may also be used for identification. The title is used as a guide to ascertain the legislative will when the language of the act does not clearly express its purpose

Generally. after such reconsideration. before it becomes a law. namely:> those whose purpose is to enforce or implement existing law pursuant to a valid delegation or to fill in the details of a statute (i. and printed copies thereof in its final form have been distributed to its Members three (3) days before its passage. memorandum orders. They include executive orders.If he approves the same. nor is it the source of any government power. These issuances have the force and effect of laws. 5) Effectivity Date -It is that portion which provides for the time when the law shall take effect C. the votes of each House shall be determined by yeas and nays. otherwise.In all such cases. it shall become a law. 3) Enacting Clause -It is the part of the bill immediately preceding the body of the statue and which identifies the bill as an act of legislation.If. and general or special orders. 4) Body -It is the principal portion of the bill embodying the substance of the right or remedy provided for. to the other House by which it shall likewise be reconsidered. it shall become a law as if he had signed it. he shall veto it and return the same with his objections to the House where it originated. and if approved by two-thirds (2/3) of all the Members of that House.. which shall enter the objections at large in its Journal and proceed to reconsider it.. requires publication for its effectivity) . be presented to the President.It is the part which follows the title and precedes the enacting clause.e. administrative orders.2) Preamble .Every bill passed by the Congress shall. he shall sign it. rules and regulations issued by administrative or executive officers are of two (2) types. and the names of the Members voting for or against shall be entered in its Journal.No bill passed by either House shall become a law unless it has passed three readings on separate days.The President shall communicate his veto of any bill to the House where it originated within thirty (30)days after the date of receipt thereof.Upon the last reading of a bill. proclamations..Presidential issuances are those which the President issues in the exercise of his ordinance power.. no amendment thereto shall be allowed. A preamble neither creates nor grants any right.. otherwise. it shall be sent together with the objections. memorandum circulars. D. except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. two-thirds (2/3) of all the Members of such House shall agree to pass the bill. Enactment of a Statute (How does a bill become a law?) . The preamble explains the reasons for the enactment and the objects sought to be attained thereby. and the yeas and nays entered in the Journal. Presidential Issuances ... and the vote thereon shall be taken immediately thereafter.

LOCAL . concerns and affects particular individuals As to Effect (In Time): PROSPECTIVE . Effect and Operation F.One which relates to.e.One which anticipates the regulation of future conductRETROSPECTIVE .Those which impose a punishment for the violation of its provisions- .One which affects all of the people of the State or all persons or things of a particular class -SPECIAL .One that affects acts already committed and operates on transactions completed As to Purpose: REMEDIAL . Types/Kinds of Statutes As to Scope of Application: -GENERAL .One which relates either to particular persons or things of a class or whichoperates on a portion of a class instead of all the classes.One which concerns the interest of the public at largePRIVATE .One which operates over a particular locality instead of over the wholeterritory of the State As to Interested Parties: PUBLIC .> those which are merely interpretative in nature or merely internal in character not concerning the public (i. does not require publication for its effectivity) E.Statutes which afford a remedy. or improve or facilitate existing remedies for the enforcement of rights and of redress of injuriesPENAL .

AMENDATORY .One which expressly adds to or supplements.These are pre-existing statues which are passed by the legislature which originally enacted them in the same terms or in substantially the same language and for the same purpose and object as the original statute.Those which are adopted wholly or in part by another state. It continues in force up to the expiration of said period or term.One which purports to be independent of existing statutory provision." case 2: National Federation of Labor (NFL) v.One which revokes or terminates another statute. Construction and interpretation come only after it has been demonstrated that application is impossible or inadequate without them. II.A statute is mandatory if non-compliance therewith renders the proceedings to which it relates null and void.RE-ENACTED . 31 January 1984) case 3: Paat v. 10 January 1997) case 4: . but continues in force until repealed or amended.ADOPTED . As to Period of Effectivity: PERMANENT .DIRECTORY . CA (GR 111107.Those which are enacted to cure defects in a prior law As to Coercive Force Applied: MANDATORY . unless earlier repealed or amended. in our judgment. As to Stage of Enactment: ORIGINAL .One whose operation or effectivity is limited to a fixed period or term.A statute or any of its provisions is directory if non-compliance therewith does not invalidate the proceedings to which it relates. Statutory Construction."The first and fundamental duty of courts.REPEALING .TEMPORARY . Eisma (GR L-61236.CURATIVE . is to apply the law. When does statutory construction come in? . in general A. or works out an improvement in the original law.One whose operation or activity is not limited to some particular term or period.

Power to Construe .Legislative intent must be ascertained from a consideration of the statute as a whole. case 9: Aisporna v. but to declare what the law is or has been.People v. Legislative Intent. it cannot preclude the courts from giving the statute a different interpretation." case 7: Floresca v. how ascertained How must Legislative Intent be ascertained? .. Statutory Construction vs. Bautista (GR L-37867. Mapa (GR L-22301. E.The duty and power to interpret or construe a statute or the Constitution belong to the judiciary. It is the duty of the legislature to make the law. 31 January 1973) Board of Administrators of the PVA v. but the whole and every part of the statute must be considered in fixing the meaning of any of its parts and in order to produce a harmonious whole. of the executive to execute the law. Philex Mining (GR L-30642.While the legislature may indicate its construction of a statute in the form of a resolution or declaratory act. Intrinsic Aids B."To declare what the law shall be is a legislative power. CA and Molina (GR 108763.Courts not to be influenced by questions of wisdom. CA (GR L-39419. 4 November 1996) B. III. Comelec (GR 123169. 30 April 1985) case 8: Republic v.Limitations on the Power to Construe . whose job is it? . 28 March 1988) case 6: Paras v.The courts may not enlarge nor restrict statutes. 1982) D. The particular words. Extrinsic Aids case 10: . Judicial Legislation Statutory Construction. Municipal Judge of San Nicolas (GR L-34568. Ortega (GR L-34964. Aids in Construction A. A statute must be construed so as to harmonize and give effect to all its provisions wherever possible. 13 February 1997) C. clauses and phrases should not be studied as detached and isolated expressions. is judicial. 12 April 1982) China Bank v. 30 August 1967) case 5: Daoang v. 22 Feb.. and of the judiciary to construe the law.

there is nothing for the Courts to do but apply it. 20 Jan. Comelec. be resorted to clarify the ambiguity. C. commonly accepted usage.It may indicate the legislative extent or restrict the scope of law> Preamble . When statutory norm speak s unequivocally.Where there is doubt as to what a provision of a statute means.> Legislative debates. 1961) . those extraneous facts and circumstances outside the printed page. when the statute is ambiguous. the law must be taken to mean exactly what it says. 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. Interpretation of Statutes A.> Title .> Change in phraseology .> Reports of the Commission . courts may properly refer to the reports of the commission that drafted the code in aid of clarifiying ambiguities therein. The history of a statute refers to all its antecedents from its inception until its enactment into law.best source from which to as certaun the legislative intent is the statute itself > Legislative History . that meaning which was put to the provision during the legislative deliberation or discussion on the bill may be adopted.It may.> Context of the whole text . > History of the times . When the language of the law is clear and unequivocal. Literal Construction Statutes are to be interpreted in their ordinary. .Where a statute is susceptible to several interpretations. Contemporary Constructioncase11: David vs.Legislative history will clarify the intent of the law or shed light on the meaning and scope of the codified or revised statute.Courts may investigate the history of the provisions to ascertain legislative intent as to the meaning and scope of the amended law. 271 SCRA 90 IV. or those found in the printed page of the statute. as a key to open the minds of the lawmakers as to the purpose of the statute. and extrinsic aids . SSC (GR L-15045. the court may avail of intrinsic aids .The history of the times out of which the law grew and to which it m a y b e rationally supposed to bear some direct relationship.Roman Catholic Archbishop of Manila v. views and deliberations .To ascertain the true intent of the statute.In construing the provisions of the code as thus enacted.> Prior laws from which the statute is based .

while it is true that contemporaneous construction placed upon a statute by executive officers must be given great weight. it makes a new lawwith the force and effect of a valid law. 26 August 1996) Kapisanan ng mga Manggagawa v. Bureau of Labor Relations (GR L-43760 21 Aug 76) when Executive Construction is not given weight . 28 February 1979) a. Implications B. of a law determines its construction. and should ordinarily control the construction of the statute by the courts. Inciong (GR L52415. Marave (GR L-27760) Paras vs. it must be declared null and void. Rule vs.case 12: Salvatierra v. CA (GR 107797. case 14: PAFLU v.. and in opposition to . Liberal Construction V. hence.it is the written instrument agreed upon by the people. 28 Aug 85) C. 23 October 1984)Chartered Bank Employees Association v. Strict Construction E. 264 SCRA 49. Opinion What is the difference between a rule and an opinion rule . is entitled to great respect. 17 March 1962) D. Ople (GR L-44717. case 13: Abellana v. Departure from Literal Interpretation when literal interpretation not favored -the rules of Court are procedural in nature while the Civil Code is substantive -The spirit.when an administrative agency promulgates rules and regulations. Manila Railroad Company (GR L-25316. Subjects of Construction The Constitution . Executive Construction basic rule on Executive Construction . case 16: Victorias Milling v.as the absolute rule of action and decision for all departments and officers of the government.. opiniongives a statement of policy and merely interprets a pre-existing law. supra b.the contemporaneous construction of a statute by the executive officers of the government whose duty is to execute it. SSC (GR L-16704. NLRC (GR L-50320 31 July 81) IBAA Employees Union v. a statute must be read according to its spirit and intent. rather than the letter. case 15: Philippine Apparel WU v. if such construction is clearly erroneous. Comelec.

Meer (GR L-2348. if practicable. the written will of the legislature. promote the general welfare. 17 December 1987) Perfecto v. the Courts must harmonize them. David (GR L-6355-56. conserve and develop the patrimony of the nation. and must lean in favor of a construction which will render every word operative. . When the Filipino people. GSIS (GR 122156. in the Preamble of their Constitution. solemnly expressed according to the forms necessary to constitute it the law of the state Requirements for the publication of laws .laws shall take effect after 15 days following the completion of their publication in the Official Gazette unless it is otherwise provided. so that they can be determined by an examination and construction of its terms. 23 July 1987) May the preamble be referred to in the construction of Constitutional Provisions? . or even of the people themselves. 3 February 1997) Statute . 13 March 1937) Are the provisions of the Constitution self-executing? . will be altogether void. publication in the Official Gazette is necessary for determining the date of effectivity . Ruiz (GR 45459.the Constitution should be strictly construed so as to give effect to the whole instrument. case 17: Sarmiento v. a particular law enacted and established by the will of the legislative department of government.when the law is silent as to the effectivity date. 31 August 1953) case 18: Nitafan v. case 19: Aglipay v. How should the constitution be construed . If different portions seem to conflict. case 20: Manila Prince Hotel v.Constitutional provision is self-executing if the nature and extent of the right conferred and the liability imposed are fixed by the Constitution itself. and secure for themselves and their posterity the blessings of independence under aregime of justice.an act of the legislature commanding or prohibiting something. in order to establish a government that shall embody their ideals.yes.” they thereby manifested their intense religious nature and placed unfaltering reliance upon Him who guides the destinies of men and nations. CIR (GR L-78780. rather than one which may make some words idle and nugatory. 27 February 1950)Endencia v. Mison (GR 79974. and there is no language indicating that the subject is referred to the legislature for action. liberty and democracy.which any act or rule of any department or officer of the government. the preamble may be referred to in the construction of constitutional provisions. implored “the aid of Divine Providence. and to every section and clause.

if the intent or meaning of the tax statute is doubtful. Manahan v. case 26: Serfino v. the ordinance must give way. CA (GR L-40858. 14 December 1981) case 27: Del Rosario & Sons v. and liberally in favor of the insured. Interpretation of specific types of statutes TaxLaws . 31 May 1961) Who has the burden of proof in tax cases? . Tuvera (GR L-63915. in a more limited sense. the same should be strictly construed against the government and in favor of the taxpayer. Ty v.are strictly construed against the taxpayer and liberally in favor of the taxing authority. 22 April 1981) Villavert v. 29 December 1986) Ordinances -an act passed by a municipal council. First National Surety (GR L-16138. in the exercise of its law-making authority. ECC (GR L-48605.the rule on construction of labor laws shall be resolved in favor of Labor.are strictly construed against the taxpayer.in case there is no doubt as to the terms of an insurance contract. uncertain and doubtful. CIR v. 31 May 1985) Insurance Rule in the interpretation of insurance provisions . Tuvera (GR L-63915.It is a fundamental principle that municipal ordinances are inferior in status and subordinate to the laws of the State. 29 April 1961) . Rule on Construction of ordinances vis-a-vis Statute . ordinary and popular sense.case 21: Tanada v. Jimenez (GR L-12436. 15 September 1987) Labor Laws Rule on the construction of labor laws .the burden of proof in tax cases belongs to the taxpayer.. How are tax refunds construed? . the provisions must be construed in their plain. 18 April 1997) case 25: Mactan Cebu (MCIAA) v. they should be interpreted strictly and most strongly against the insurer. the term is used to designate the enactment of the legislative body of a municipal corporation. ECC (GR L-44899. case 23: Primicias v.where the terms of the policy are ambiguous. Marcos (GR 120082. CA (GR 115349. 24 April 1985) case 22: Tanada v. 11 Sept 1996) Tax Sales construed . NLRC (GR L-64204.As a general rule: inasmuch as revenue laws impose special burden upon taxpayers. Urdaneta (GR L-26702. case 24: La Carlota Sugar Central v. 18 October 1979) VI.

1959) Agrarian Reform Laws Rule on the construction of Agrarian Reform Laws . 4 December 1985) Wills Rule on the interpretation of wills . case 35: Villanueva v. case 33: Bello v. Chinese Community of Manila (GR 14355.1919) Election Laws .17 December 1955) Corporate Law Rule on the interpretation of Corporate Law provisions? . Republic (GR L-12150.should be rigidly enforced and strictly construed in favor of the government and against the applicant. and liberallyin favor of the insured. Comelec (GR L-54718. Eastern Shipping Lines (GR L-34382. 30 May 1986) Rules of Court Rule on the construction of the provisions of the Rules of Court . Republic (GR L-12408. case 31: Co v. 29 March 1974) Expropriation Laws . case 29: Qua Chee Gan v.strictly construed according to the formalities to be observed in theexecution. discrimination and unfairness. case 32: Guerrero v. 25 February 1960) VII. uncertain and doubtful. 20 July 1983) Naturalization Laws Rule on the construction of Naturalization Laws . not an unduly harsh. 31Oct. CA (GR L-44570. case 30: Home Insurance v. liberal interpretation which does not hamper the development of trade relations and which foster friendship and commercial intercourse among countries.shall be liberally construed in order to avoid injustice. they should be interpreted strictly and most strongly against the insurer.construed liberally in favor of the farmers. “May” and “Shall”M a y and . case 34: City of Manila v. CA (GR L-38161. Construction of Words PhrasesA.case 28: De la Cruz v.must be given a reasonable. Law Union and Rock Insurance (GR L-4611. 28 Dec.strictly construed against the one exercising the expropriation. case 36: In RE: Tampoy (GR L-14322.liberally construed in favor of the will of the people. 30 June 1966) Ambiguous provision interpreted against insurer . Capital Insurance (GR L-21574.where the terms of the policy are ambiguous. 26 May 1960) Lee Cho (@ Sem Lee) v.

n o t c e r t a i n t y i m p o s e s a d u t y . 271 SCRA 790 D. 1982) B. w h i c h m a y b e e n f o r c e d case 37: Capati v.S h a l l p e r m i s s i v e i m p e r a t i v e c o n f e r s d i s c r e t i o n m a n d a t o r y c o n n o t e s p o s s i b i l i t y . “And” and “Or” ”r A n d d i s j u n v e c o n j u n v e i n d i c a t e s a l t e v a r i o u s m e m b t a k e n j o i n t l y case 38: GMCR vs. “Principally” and “Exclusively” P r i n l l y E s i v e s y n o n y p r i m a r s o l e l y case 39: c c e e r r n s t t a a t r i i i v e c x l m o i c y u s p l a u t o i l y -indicates choice . April 30. “Of” and “May” C. GR L-28742. Bell Telecommunications. Ocampo.

26 Phil 149 J. Comelec.c o n c u r r e n c e o f e v e n t s a n d e l e m e n t s case 40: Rura v. “Every”. 29 May 1980) E. 127 SCRA 231 (1984) H. 29 December 1987 I. thendon’t ignore such words –ignore when words have no meaning in harmony with the legislative intent case 43: Demafiles vs. 66 SCRA 617 case 45: US vs Hart.Alfon v. Associated WordsAssociated Words . Lopena (GR L-69810-14. GR L-28396. 134 SCRA 172 (1985) G. Republic (GR L-51201. “Surplusages”Surplasages – n o h a s t e i n t r e a t i n g s o m e w o r d s a s s u c h –if can admit of some reasonable construction that will provide some force of meaning. 19 June 1985) F.r e f e r s t o a u n i t s p e c i f i c a l l y case 41: NHA vs Juco. PunctuationsPunctuations – n o t a d e c i s i v e o r c o n t r o l l i n g e l e m e n t –construction should be based on something more substantial than mere punctuation case 44: Arabay vs CFI of Zamboanga del Norte.“Term”and“Tenure”T e r m T e n u r e p e r i o d o f a n o f f i c e o r p o s i t i o n s e c u r i t y o f a n o f f i c e o r e m p l o y m e n t case 42: Aparri vs Court of Appeals. “Each” and “Particularly”E v e r y E a c h P a r t i c u l a r l y g e n e r a l l y r e g a r d e d a s i n c l u s i v e . “Previously” and “Simultaneously”P r e v i o u s l y S i m u l t a n e o u s l y r e f e r s t o t h e s u b j e c t m a t t e r i t m o d i f i e s .

Uti Loquitur Vulgus . from words of the statute. 153866.1971) E. 156047. there should be no departure case 46: Victoria vs. take the statutes as a whole – relate words that are associated with each other K. Cervantes (GR L-28771.the mention of one thing implies the exclusion of another thing not mentioned. . Jr.use words in their popular sense or ordinary meaning. January 10. April 12. 11. November 15.the law may be harsh. Santayana (GR L-22291. Ejusdem Generisof the same nature or kind. Dura Lex Sed Lex . Paras (GR No. 2005) G. 109005.the reason of the law. 2005) D. Feb.from the words of the statute. 1976) F. -the express inclusion of one implies the exclusion of another case 50: Rubio. Expressio Unius Est Exclusio Alterius . Ratio Legis . or restriction Exceptions –no need to observe the general rule Saving Clause –tries to save the rest of the laws if a portion is declared unconstitutional VIII. Provisos. 1994) C. Seagate Technology. (GR No.–aside from the legal intent. vs. Mens Legislatoris reasonable or liberal constuction that will best serve the purpose rather than defeat of thelaw case 48: Matabuena v. Exceptions and Saving ClausesProvisos –A clause in a document making a qualification. but that is the law. March 31. -statutes are presumed to use words in their popular sense B. -the law may be harsh but it is the law case 49: People v. Particular Latin PhrasesA. condition.(GR No.Verba Legis . -the reason of the law is the soul of the law case 47: Commissioner of Internal Revenue vs. COMELEC.

November 26. City of Butuan (GR L-21516. CTA (GR L-9274. 94521 &4626. 1985) IX. 2 SCRA 267 case 62: David vs. 15 SCRA 514 What is the rule regarding conflicting provisions of different statutes? -special prevails over general case 58: Laxamana v. 1970) H. Cassus Omissusa person. Special over generalWhat is the rule regarding conflicting provisions of the same statute? -special prevails over general case 56: Manila Railroad Co.-when specific words preceding the general expression are of the same nature. 51 PHIL 654 What is the rule in case of conflict between a special provision of a general law anda general provision of a special law? -special provision of a general law prevails over a general provision of a special law case 61: City of Manila vs. 19 September 1952) case 59: Butuan Sawmill v. Teotico. Comelec. Manantan (GR L-14129. Joya. Florentino. 271 SCRA 90 . July 31. Yorac (GR Nos. 29 April 1966)case 60: Arayata vs. Comelec (GR L-32717. Baltazar (GR L-5955. 1991) X.Collector of Customs (GR 30264. object or thing omitted -a person or thing omitted must have been omitted intentionally-may be prohibitive or permissive case 52: People v. October 28. February 1. Noscitur A Sociis -the meaning of particular terms may be ascertained by reference to words associated withor related to them in statute case 54: Sanciangco v. 12 March 1929) case 57: Almeda vs. Rono (GR L-68709. v. the generalterms will be construed to be of the same class/nature case 51: Mutuc v. 1962) case 53: Lopez v. July 19. 1957) I. Statute Construed as a Whole and in Relation to Other Statutes -take it as a whole and in relation to other laws case 55: Lozano vs.

137 SCRA 803 case 64: Villegas v. Practical Application . It can only be applied retroactively if favourable to the accused XIII. Amendment.a n n u l l i n g o f a previously existing law by enacting of asubsequent statute thatevokes the formsexpressly or impliedly because of irreconcilable provisions case 63: Tac-an vs.alteration in an existing lawleaving some parts of theoriginal in effect-substantial alteration of a lawex. 30 September 1987) XIV.XI. Subido (GR L-31711. CA. Revision. Codification and RepealA m e n d m e n t R e v i s i o n C o d i f i c a t i o n R e p e a l . Prospective and Retroactive Statutes -General rule: All laws are applied prospectively. Revised Penal Codeu n i f i c a t i o n o f l i k e l a w s . Mandatory and Directory Statutes -Mandatory uses shall and has penalties XII.