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STATCON FINAL REVIEWER

FCHAPTER 1: STATUTES AND THEIR ENACTMENT

STATUES AND STATUTE LAW Statute - is the written will of the legislature, expressed according to the form necessary to constitute it a law of the state and rendered authentic by certain prescribed forms and solemnities
[dignified, ceremonial, highly serious].

Statute Law

- on the other hand, includes not only the statute but also the judicial interpretation and application of the enactment [make into law]. CLASSIFICATION OF STATUTE

A. B. C. D. E. F. G. H. I. J. K.

Public Act, Private Law General Law, Special Law, Local Act Remedial Statutes, Curative Act, Penal Statute Mandatory Statute, Permissive Statute Prohibitive Statute, Perceptive Statute Affirmative Statute, Negative Statute Adopted Statute, Reenacted Statute Prospective Statute, Retrospective or Retroactive Act Reference Statute, Declaratory Act Permanent Act, Temporary Act Repealing Act, Amendatory Act

1) Public Act is one which affects the community at large. 2) Private Law is confined to particular individuals, associations or corporations 3) General Law one which relates to persons, entities or things as a class, or operates equally or alike upon all of a class, omitting no person, entity, or thing belonging to the class. Ex. Revised penal code, civil law 4) Special Law is one which relates to particular persons, entities or things of a class. Ex. Illegal possession of firearms. 5) Local Act one whose operation is confined within territorial limits other than that of the whole state or applies to less than the whole, or to the property of persons of a limited portion of the state, or is directed to a specific locality or spot, as distinguished from a law which operates throughout the state. 6) Remedial Statutes are those which abridge [shorten or condense] superfluities [more than necessary] of former laws and remedy defects thereof; reform or extend existing rights; promote justice or advance public welfare and important and beneficial public objects such as protection of the health, morals and safety of society or of the public in general. 7) Curative Act is one which attempts to cure or correct irregularities in judicial or administrative proceedings or which seek to give effect to contracts and other transactions between private persons which otherwise would fail to produce their intended consequences on account of some statutory disability or a failure to comply with some technical requirement. 8) Penal Statute is one which imposes punishment for an offense committed against the state; however, the term has frequently been extended to include any act which imposes a penalty or creates a forfeitures or punishment for the transgression [sin] of its provisions or the commission of some wrong, or the neglect of some duty. 9) Mandatory Statute one whose provisions or requirement if not complied with will render the proceedings to which it relates illegal and void. Ex. Will; provisions on how to pass a law. 10) Permissive Statute one which allows certain acts to be done without commanding that they be performed.

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11) Prohibitive Statute is one which forbids the doing of a certain things particularly those which are injurious to the rights of others or of the public. 12) Perceptive Statute commands the doing of certain acts and regulates the form or manner of their performance. 13) Affirmative Statute a statute expressed in a affirmative terms. 14) Negative Statute one expressed in negative terms. 15) Adopted Statute is one which borrowed wholly or in part by one state from another. 16) Reenacted Statute is one which is passed in substantially the same language as a prior one passed by the same legislature. 17) Prospective Statute one which operates upon or regulates acts or transactions taking place after it takes effect. 18) Retrospective or Retroactive Act one which affects acts already committed or transactions already completed before becomes effective. 19) Reference Statute one which refers to other statutes and makes them applicable to the subject of the new legislation. 20) Declaratory Act is one the purpose of which is to remove doubt as to the meaning of existing law or to correct a construction considered erroneous by the legislature. 21) Permanent Act is one whose operation is not limited to a particular period of time but which continues in force until is duly altered or repealed. Ex. Civil Code, RPC. 22) Temporary Act is one whose life or duration is fixed for a specified period of time at the moment of its enactment and continues in force unless sooner repealed until the expiration of the time fixed for its duration. 23) Repealing Act a law which revokes or terminates another statute either by express language or by implication. A law that kills another law. 24) Amendatory Act is one which makes an addition to or operates to change the original law so as to effect and improvement therein, or to more effectively carry out the purpose for which the original law was passed.

1.

PARTS OF A STATUTE TITLE Part of the statute which gives a general statement of, and calls attention to, the subject matter of an act, so that the legislators and the public may be apprised [inform] of the matter of the legislation, and be put upon inquiry in regard thereto. ONE SUBJECT prevents/ avoids HODGE-PODGE or LOG-ROLLING legislation and guards against inadvertence, stealth and fraud; to prohibit duplicity in legislation. Additional subject will be regarded as SURPLUSAGE HODGE-PODGE or LOG-ROLLING is a mischievous legislative practice of embracing in one bill several distinct matters. PREAMBLE Part of the statute, following the title and preceding the enacting clause, which states the reasons for or the objects of, the enactment. It is not an essential part of the statute.

2.

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3. It is aid in interpretation. Is not the law subject thereof.

ENACTING CLAUSE Part of the statute which indicates the authority which promulgated the enactment, In the absence of constitutional provisions, is not essential to a valid law. Clothes the statue with certain dignity BODY OR PURVIEW OF THE ACT Contains the subject matter of the statute Divided into a. Articles b. Titles c. Chapters and sections Drafting of statutes 1) Sentences long sentences should be avoided. 2) Language the statute should be written in the present tense. 3) Phrase should never be used when a word is its exact equivalent. 4) Repetitions, rhetorical flourishes and ornamentation should be avoided 5) The words said, such, aforesaid, whatever, etc. should not, if possible, be used 6) Definition should be placed at the beginning of the statute and not at the end 7) Law must me complete. PROVISO A clause added to an enactment for the purpose of acting as a restraint upon or as a qualification of, the generality of the language which it follows Usually starts with the word provided. Can only restrict or qualify the provisions immediately preceding it, or the section to which it has been appended, unless it clearly appears that the legislature intended it to have a wider scope. EXCEPTIONS Exempts something which should otherwise fall within the general words of the statute. INTERPRETATIVE CLAUSE That part of the statute where the legislature defines its own language or prescribes rules for its construction REPEALING CLAUSE That part of the statute which announces the legislative intent to terminate or revoke another statute/s. SAVING CLAUSE Restricts a repealing act and preserves existing powers, rights and pending proceedings from the effects of the repeal.

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10. SEPARATIBILITY CLAUSE Which states that if for any reason, any section or provisions of the statute is held to be unconstitutional or invalid no other section or provision of the law shall be affected thereby. 11. DATE OF EFFECTIVITY Part of the law which states when such law shall take effect.

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ENACTMENT OF STATUTE 1. CONSTITUTIONAL PROVISIONS On the enactment of a bill into a statute, the 1987 Constitution of the Philippines provides: No bill passed by either House shall become a law unless it has passed three readings on separate days and printed copies thereof in its final form have been distributed to the Members three days before its passage. VETO POWER OF THE PRESIDENT On the power of the president of the Philippines to approve or disapprove a bill passed by the congress, the 1987 Constitution provides that The president shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof, otherwise, it shall become a law as if he had signed it. The president shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object. THE ENROLLED BILL THEORY The signing by the Speaker of the House of Representatives, and by the President of the Senate, in open session of an enrolled bill is an official attestation [evidence, testimony, confirmation] by the two houses of such bill as one that has passed Congress. ENROLLED BILL is a copy of the bill as passed which is prepared for the signature of the Presiding Officers of both Houses and the President. The ENROLLED BILL is conclusive upon the courts as regards the tenor of the measure passed by the Congress and approved by the President. Remedy of mistakes in the printing AMENDMENT OR CURATIVE LAGISLATION. SETTLE = RECONCILE and HARMONIZE

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RESOLUTION is a legislative expression on some given matter or thing; it is not submitted to the executive for his approval; and it is ordinarily passed without the forms, solemnities and delays generally required for the enactment of statutes. KINDS OF RESOLUTION 1) SIMPLE RESOLUTION A formalized motion passed by a majority of a single legislative chamber. It is usually used to create committees, to express recognition for meritorious services, to extend sympathy on the death of a member, or to establish rules governing internal affairs of the chamber. 2) CONCURRENT RESOLUTION Performs the same function as a simple resolution but is passed by both chambers of the legislature, it therefore reflects the opinion of the entire legislature. 3) JOINT RESOLUTION One passed by both chambers of the legislature in joints session. It passes thru greater procedural safeguards than the other kinds of resolutions to insure expressions of a more sober judgment. ORDINANCES legislative acts passed by a local government until in the exercise of its law-making authority. CODES a restatement either of the whole of the general laws of a state, or some great subdivisions of such laws, under one general title. COMPILATION simply a systematic arrangement of existing statutory laws. Does not bring about alteration of existing statutory law.

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CODIFICATION entails a re-examination and revision of existing statute laws as well as the elimination of repealed ones. After codification, the law becomes the reservoir of all statute law on the subjects covered. CHAPTER 2: INTERPRETATION AND CONSTRUCTIO IN GENERAL SEC 23: CONCEPT OF INTERPRETATION AND CONSTRUCTION The act or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case. CONSTRUCTION a process for determining the meaning of statutes is the drawing of conclusions with respect to subjects which lie beyond the direct expression of the text from elements known from, and given in, the text. One who construes utilizes extrinsic aids or those found beyond the written language of the law. INTERPRETATION is limited to exploration of the written text itself. One who interprets makes use of intrinsic aids or those found in the statute itself.

SEC 24: PURPOSE OF INTERPRETATION AND CONSTRUCTION To ascertain and give effect to the legislative intent

SEC 25: NECESSITY OF INTERPRETATION AND CONSTRUCTION; AMBIGUITY AMBIGUITY defined as doubtfulness, doubleness of meaning, indistinctness or uncertainty of meaning of an expression used in a written instrument. Justifying interpretation and construction from ambiguity arising from the meaning 1) Particular words 2) General scope 3) Meaning of a statute The courts also regard an ambiguity to exist 1) Where the legislature has enacted two or more statutes or provisions of a statute which appear to be inconsistent 2) Where a literal interpretation of the words would lead to unreasonable, unjust or absurd consequences 3) Where a statute is in conflict with the constitution

SEC 26: WHEN INTERPRETATION AND CONSTRUCTION NOT NECESSARY It has been repeatedly declared by the courts that where the law speaks in clear and categorical [absolute, definite, clear-cut] language, there is no room for interpretation or construction; there is only room for application. A plain and unambiguous statute speaks for itself, and any attempt to make it clearer is vain labor and tends only to obscurity [darkness, dimness]

SEC 27: LEGISLATIVE INTENT Is what the legislature meant by the use of the language contained in the statute. Synonymous with legislative meaning.

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It is the essence of the law. Sometimes it is called the law of the statute.

SEC 28: LEGISLATIVE PURPOSE Is the reason why the legislature passed a particular enactment. The meaning that should be placed upon the words used in the law.

SEC 29: AUTHORITY AND DUTY OF COURTS TO INTERPRET OR CONSTRUE THE LAW The JUDICIAL DEPARTMENT of every government, where such department exists, the appropriate organ for construing the legislative acts of the government. AID may be derived from EXECUTIVE or LEGISLATIVE CONSTRUCTION of statutes. It is ultimately the COURTS province and duty to construe, in good faith, laws enacted by the legislature. To declare what the law is, or has been, is a judicial power; to declare what the law shall be is legislative. But unless expressly provided by a statute, rules of construction or interpretation are not mandatory upon the courts; the latter are at liberty to disregard them. The courts will not however interpret or construe laws passed by the legislature except in cases properly brought before them for adjudication [settle judicially- implies a final judgment of the court, determination of a controversy
and pronouncement of a judgment based on evidence presented].

It is not within the province of a court, in the course of a construction of a statute, to make, amend, distort, remodel, restrict or rewrite legislation, for such power lies in the legislative branch of the government.

SEC 30: DUTY OF THE COURTS WHEN LAW IS CLEAR The first and fundamental duty of the court is the APPLICATION OF THE LAW according to its express terms, interpretation being called only when such literal application is impossible. The courts may not speculate [wonder, guess, contemplate, hypothesize] as to the probable intent of the legislature apart from the words. The reason for the rule is that the legislature must be presumed [alleged, assumed, acknowledge, accepted,
recognized]

1) To know the meaning of words 2) To have used words advisedly 3) To have expressed its intent by the use of such words as are found in the statute. SEC 31: SPIRIT AND LETTER OF THE LAW CONSCIENCE and EQUITY [fairness and impartiality] should always be considered in the construction of statutes. The courts are not always to be hedged [evade, circumvent, get around, beat around the bush] in by the literal meaning of the language of the statute. The SPIRIT and INTENDMENT thereof must prevail over its LETTER, especially where adherence to the latter (letter) would result in absurdity and injustice.

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The SPIRIT OF THE LAW is the CAUSE which moved the legislator to enact it. The LETTER OF THE LAW is its BODY, while the SPIRIT is its SOUL. Cases which do not come within the strict letter of the statute if within the spirit, will fall within its scope. Cases within the letter of the statute, if without its spirit, will not come within its operation.

SEC 32: EFFECT OF INTERPRETATION OR CONSTRUCTION OF STATUTES Article 8 of the Civil Code of the Philippines provides that judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines.

CHAPTER 3: INTERPRETATION AND CONSTRUCTION IN RELATION TO LANGUAGE OF STATUTE

The will of the legislature is spoken in the STATUTE itself. In the CONSTRUCTION OF STATUTE it is the LEGISLATIVE INTENT manifested in the stature that is of importance. LEGISLATIVE INTENT must be determined primarily from the LANGUAGE OF THE STATUTE best means of its exposition. ALL DOUBTS should be resolved in favor of the GENERAL provisions rather that exceptions. An OBSCURITY cannot be created to be cleared up by construction and hidden meaning at variance with the language used cannot be sought out. To DEPART from the meaning expressed by the words is to alter the statute and legislate, not to interpret. But the LAW should never be applied or interpreted to appear one in order to favor another.

Words to be given their commonly accepted meaning GENERAL RULE: words do not acquire a peculiar and different meaning when used in a statute. They are given an understood meaning (CUPON) o Common o Usual o Plain o Ordinary o Natural

Verbal legis Plain meaning rule

Index animi sermo est (speech is the index of intention) Rests on the valid presumption that the words employed by the legislature are a statute correctly express its intention or will. Preclude [make impossible] the court from construing it differently.

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Verba legis non est recedendum (from the words of a statute there should be no departure) Presumed to know the meaning of the words To have used them advisedly To expressed the intent by use of such words OLD MAXIM: WORDS ought to more subservient [exclusively attentive or flattering or submission] to the intent, and not the intent to the WORDS. EXCEPTIONS TO THE RULE: natural and ordinary meaning of words will however be disregarded in favor of 1) Statutory meaning 2) Well established technical meaning common terms use as in scientific meaning or is already defined 3) When it PLAIN and CLEAR from the statute or from the context of the words within the statute that a different meaning was intended. 4) When to observe COMMONLY accepted meaning would DEFEAT the manifest intention of the legislature or result in ABSURDITY.

Language of statutes to be understood at the time of enactment Construction aims to discover the meaning Statute must be construed as it was intended to be understood when it was passed. Words evolve, susceptible to various meanings, refer to the time from the enactment of the law.

Noscitur a Sociis (one is known by his companions/associations or doctrine of associated words), (A word is known by the company it keeps) When a word is ambiguous, its meaning may be determined by reference to the rest of the statute. It is like tell me who your friends are, and Ill tell you who you are. You can know the true meaning of the word in a statute by referring it to other words with which it is associated. Where a particular word or phrase in a statute is ambiguous in itself or is equally susceptible of various meanings, its true meaning may be made clear and specific by considering the company in which it is found on which it is associated or stated differently, its obscurity or doubt may be reviewed by reference to associate words. WHEN THE RULE NOT APPLICABLE OR THE RULE IS NOT ABSOLUTE : 1) Does not apply where the statute is CLEAR and UNAMBIGUOUS 2) A court has NO right to resort to such maxim for the purpose of reading into a statute a DISTINCTION which the legislature neither made nor intended to make 3) When to do so would render general words meaningless. Example: Cars, buses, vans, motor bikes are not allowed to enter. Question: Is a tricycle allowed to enter? NO, because we can associate a tricycle with motor vehicles enumerated. Ejusdem Generis (of the same kind), (Of the same kinds, class, or nature) This is related to noscitur a sociis, the difference ejusdem generis has the general word followed by particular words and the term and others, and the like and similar things.

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When a list of two or more specific descriptors is followed by more general descriptors, the otherwise wide meaning of the general descriptors must be restricted to the same class, if any, of the specific words that precede them. Where the general words follow the designation of particular things, or classes of persons or subjects; followed by examples are all exhausted. The GENERAL WORDS will usually be construed to include only those persons or things of the same class or general nature as those specifically enumerated. GERERAL RULE: the idea of the legislature intended the general words to be used in an unrestricted sense the particular classes would not have been mentioned. Particularization (specific) followed by a general expression (broad) will ordinarily be restricted to the former. WHEN RULE NOT APPLICABLE: will not apply where the words of the statutes are clear or unambiguous. General terms commonly used in statutes o and others o and the like o and similar things o whatever form o however otherwise described Example: Public form of transportations (general word), PUJs, tricycle, PUVs (particular things) and others are not allowed to enter. Question: Is a taxi allowed to enter? NO, because a taxi is not of the same kind with the enumerated public transportation. Example: where "cars, motor bikes, motor powered vehicles" are mentioned, the word "vehicles" would be interpreted in a limited sense (therefore vehicles cannot be interpreted as including airplanes).

Expressio Unius est Exclusio Alterius (expressed mention is implied exclusion) (The express mention of one thing excludes all others) When something or someone is expressed in a law others which are not expressed are not included. Items not on the list are assumed not to be covered by the statute. However, sometimes a list in a statute is illustrative, not exclusionary. This is usually indicated by a word such as "includes" or "such as." Guide to a probable legislative intent is based upon rules of logic and the natural workings of the human mind. WHEN RULE NOT APPLICABLE: it does not apply where words are mentioned merely by way of example or to remove doubts. The maxim should not be applied with same rigor in construing a constitution as a statute and only those things expressed in such positive affirmative terms as plainly imply the negative of what is not mentioned will be considered as inhibiting the power of the legislature The maxim is only a rule of interpretation and not a constitutional command. Example: Priests, nuns, pastors and religious brothers are exempted from tax. Question: Is a teacher also exempted? NO, because a teacher is not expressed in the enumerated persons.

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Redendo Singula Singulis (referring each to each) (Refers only to the last) When there are words related to each other but they are separated in a statute, we still have to read them as related although they are apart. When a list of words has a modifying phrase at the end, the phrase refers only to the last, e.g., firemen, policemen, and doctors in a hospital. Referring each phrase or expression to its appropriate object. Let each be put in its proper place, that is, the words should be taken distributively. Words in different parts of a statute must be referred to their appropriate connection, giving to each in its place, proper force and effect and if possible, rendering none of them useless or superfluous even if strict grammatical construction demands otherwise. Example: Legislative and Judicial branch function as law-making and law-interpreting body of the government respectively. Explanation: We have to refer legislative to law-making body although they are apart. Same goes with Judicial to law-interpreting. DOCTRINE OF LAST ANTECEDENT Relative and qualifying words, phrases, and clauses are to be applied to the words or phrase immediately preceding and are not to be construed as extending to or including others more remote; nor are they ordinarily to be construed as extending to following words. Not applicable to the whole but to the word preceded it. RULE NOT APPLICABLE: not be adhered to where extension to a more remote antecedent is clearly required by a consideration of the entire act.

Cassus Omissus. An omitted case. When a word, a person, object or thing is omitted from the enumeration in a statute, it is the intention of the law makers to delete them intentionally. Mostly, this is expressed in the negative (no or not). When a statute or an instrument of writing undertakes to foresee and to provide for certain contingencies, and through mistake, or some other cause, a case remains to be provided for, it is said to be a casus omissus. o For example, when a statute provides for the descent of intestates estates, and omits a case, the estate descends as it did before the statute, whenever that, case occurs, although it appear to be within the general scope and intent of the statute. 2 Binn. R. 279.

When there has been a casus omissus in a statute, the subject is ruled by the common law: casus omissuset oblivioni datus dispositioni juris communis relinquitur. 5 Co. 38. Vide Dig. 38, 1, 44 and 55 Id. 38, 2, 10; Code, 6, 52, 21 and 30. What the legislature omits the court cannot supply. Can operate and apply only if and when the omission has been clearly established. RULE NOT APPLICABLE: to be supplied by the courts and inserted in a statute. 1) To obviate repugnancy [contrary to ones tastes or principles] or inconsistency 2) To complete the sense thereof 3) Where the omission was made through clerical errors or 4) Where the omission was made by accident or inadvertence [unintentional]

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But they will supply an omission only where the same is palpable [obvious] and omitted words are plainly indicated by the context or verifiable form other parts of the statute. Example: No elementary, high school and college students are allowed to buy alcoholic beverages. Explanation: it is the intention of the law makers not to allow all the enumerated students. Textual canons are rules of thumb for understanding the words of the text. Some of the canons are still known by their traditional Latin names. VERBAL OR CLERICAL ERRORS Will be corrected by the court, whenever necessary to carry out the intention of the legislative as gathered from the entire act. Purpose: to give effect to the intent of the legislature or if the legislature intent is CLEAR it must be given effect regardless of inaccuracies of language. The statute is WHOLLY INOPERATIVE, if cannot be given an intelligible meaning because of uncertainty, indefiniteness and vagueness of its terms.

NUMBER, GENDER, TENSE Words in the plural include the singular, ex. Children art. 996 Words importing the singular number may be extended or applied to several persons or things unless such construction would be repugnant [disgusting] to the context of the statute, or inconsistent with the manifest intention of the legislature. The masculine gender may be interpreted as comprehending the feminine gender as well. Statutes expressed in words of the future tense may nevertheless be regarded as having a present effect.

CONJUNCTIVE AND DISJUNCTIVE WORDS

OR and AND not treated as interchangeable and their ordinary meaning should be followed if it does not render the sense of the statute dubious [uncertain, questionable] OR may be construed as AND when the spirit or context warrants it. PENAL STATUTES OR cannot be interpreted as AND when the effect would be to aggravate the offense or increase the punishment.

SHALL AND MAY The context or a reasonable construction of the statute in which they are used demands or requires. RULE: negative words and phrases are regarded to be as MANDATORY and affirmative words are merely DIRECTORY. GENERAL RULE: MAY permissive, directory, operates to confer discretion SHALL imperative, mandatory, operates to impose a duty which may be enforced

RULES OF GRAMMAR Purpose of ascertaining the meaning of a statute

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But they are not controlling when an intent is in conflict therewith is disclosed and must thereupon be disregarded so as to give effect to the legislative intention. Presumed to yield its correct sense.

RULE OF IMPLICATION IMPLIED power must be necessary. Every statute is understood to contain if not by express terms, all such provisions as may be necessary to effectuate its object and purpose. Many matters of minor details are often omitted from legislation. If not inserted by IMPLICATION drafting of legislation would be an INTERMINBLE PROCESS [endless].

WHERE LANGUAGE IS SUSCEPTIBLE OF TWO OR MORE CONSTRUCTION Would be applicable to make the statute operative. That should be ADOPTED which will most tend 1) To give effect to the manifest intent of the lawmakers 2) Promote the object for which the statute was enacted That should be REJECTED which tend 1) To render abortive provisions of the statute 2) To defeat the object which the legislator ought to attain by its enactment Legislative ACT should be construed whenever possible in a manner that will avoid conflict with the constitution. That which will save, not that which will destroy commends itself for acceptance. To doubt is to SUSTAIN.

COMPUTATION OF TIME: Article 13 of the Civil Code of the Philippines In computing a period, the first day shall be excluded and the last day included. Years = 365 days Months = 30 days Day = 24 hours Night = sunset to sunrise ENGLISH AND SPANISH TEXTS OF PHILIPPINE STATUTES Section 15 of the Revised Administrative Code (October 16, 1916) ENGLISH text (in the 1973 Philippine Constitution) shall govern in the interpretation of a law. In case of ambiguity, omission, or mistake, SPANISH may be consulted to explain the English text. 1987 Philippine Constitution, Section 20 Book 1 Administrative Code: Filipino, English, major regional languages, Arabic, Spanish CHAPTER 4: AIDS INTERPRETATION AND CONSTRUCTION SEC 55: INTRINSIC AND EXTRINSIC AIDS AND PRESUMPTIONS IN AID OF CONSTRUCTION To ascertain the legislative intent, courts may make use of elements that are

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INTRINSIC AIDS - found in the law or statute itself - One who interprets makes use of intrinsic aids - facts or matters not found in the language of the law - One who construes utilizes extrinsic aids or those beyond the written language of the law

EXTRINSIC AID

Since the statute itself furnishes the best means for its own exposition, one must interpret before he construes Or one must utilize and exhaust intrinsic aids before resorting to extrinsic aids The courts may also make use of certain presumptions based on 1. Logic 2. Established by specific provisions of law 3. Human experience 4. Good sense

SEC 56: INTRINSIC AIDS: these may consist of the 1. Title 2. Preamble 3. Words, phrases, and sentences 4. Context 5. Punctuations 6. Headings and marginal notes 7. Legislative definitions and interpretation clauses PARTS OF A STATUTE: 1. Title 2. Preamble 3. Enacting clause 4. Body 5. Exceptions 6. Provisos 7. Interpretative clauses 8. Repealing clauses 9. Saving clauses 10. Separability clauses 11. Date of effectivity SEC 57: THE TITLE The CONTITUTION OF THE PHILIPPINES requires that the subject of the law be expressed in the title thereof. In case of doubt as to the scope of the body of the act or the connotation of general words therein, the title may considered for the purpose of Restricting Explaining Elucidating The legislators must be presumed to have taken pains to have the title express the real subject matter of the law.

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Under prevailing jurisprudence the title need not be a complete index of the subject of the act. The title is that part of the statute which gives a general statement of, and calls attention to, the subject matter of an act, so that the legislators and the public may be apprised of the subject matter of the legislation and be put upon inquiry in regard thereto.

SEC 58: THE PREAMBLE Is the key to open the minds of the makers of the law. Helpful when the ambiguity is not simply that arising from the meaning of particular words, but such as may arise in respect to the general scope and meaning of a statute. That part of the statute, following the title and preceding the enactment clause, which states the reasons for, or the objects of, the enactment. It is not an essential part of the statute or act It cannot confer or enlarge powers. It is aid in interpretation Is not the law subject thereof

SEC 59: WORDS, PHRASES AND SENTENCES: CONTEXT The legislative intent must primarily be determined from the language of the statute, and such language consists of words, phrases and sentences used therein The meaning of the law is not to be extracted from any single part, portion or section or from isolated words and phrases, clauses or sentences, but for a general consideration or view of the act as a whole. Every part of the statute must be interpreted with reference to the context.- means that every part of the statute must be considered together and kept subservient [submissive, compliant, obedient] to the general intent of the whole enactment not separately and independently.

SEC 60: PUNCTUATION Is an aid of low degree in interpreting the language of a statute and can never control against the intelligible meaning of the written word. But if punctuation of a statute gives it a meaning which is reasonable and in apparent accord with the legislative will, it may be used as an additional argument for adopting the literal meaning of the words. Reliance upon punctuation is altogether too shallow a foundation upon which to rest a conclusion that would upset the obvious pattern of the Constitution and the laws.

SEC 61: HEADINGS AND MARGINAL NOTES For the purpose of explaining and clearing up ambiguities in the enactment clauses of statutes, reference may also be had to the headings of portions of statutes, such as titles, articles, chapters, and sections.

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But where the meaning of the enactment clause is clear, it cannot be controlled by the heading thereof, especially where the headings have been prepared by compilers and not by the legislature. The wording of headings has little weight, if any, as an official interpretation. The headings are but GUIDES to the intent of the legislature. They cannot extend or restrict the language contained in the body of the statute. Where the text of a statute is clear, it is improper to resort to a caption or title to make the text obscure, such secondary sources being resorted to in order to remove, not to create, doubt. Reference may likewise be made to notes written on the face or margin of the original statute, in the course of its enactment, but not to marginal notes inserted only for convenience in examining it.

SEC 62: LEGISLATIVE DEFINITIONS AND INTERPRETATION CLAUSES The legislature has the power to embody in the statute itself a definition of its language and rules for its construction. These are usually binding upon the courts, since they form part of the statute, even though in the absence of such a definition or rule of construction, the language would convey a different meaning. If a law contains a provision to the effect that in case of doubts its provisions should be construed or interpreted in a certain manner, courts should follow such instruction. But the meaning of the legislature, as revealed by the statute considered in its entirely, if contrary to the expression of the interpretation clauses or the legislative definitions, will prevail over them.

SEC 63: EXTRINSIC AIDS: consist 1) 2) 3) 4) 5) 6) 7) 8) Contemporaneous circumstances Policy Legislative history of a statute Contemporaneous or practical construction Executive construction Legislative construction Judicial construction Construction by the bar and legal commentators Being mere indications or evidence or legislative intent and not reservoirs thereof, can only be resorted to after intrinsic aids have been used and exhausted

SEC 64: CONTEMPORANEOUS CIRCUMSTANCES These are the conditions under which the law was enacted. Include (constitute the reasons why the law was enacted) the history of the times and conditions existing when the law was enacted the previous state of the law the evils sought to be remedied or corrected the customs and usages of the people

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SEC 65: POLICY Which induced the enactment or which to be promoted thereby, as well as the general policy of the law or settled policy of the state, may throw light upon the legislative intention.

SEC 66: LEGISLATIVE HISTORY OF STATUTE The history of the proceedings attending the actual passage of the statute through the legislature as well as the action of the executive with reference thereto may be resorted to in order to discover legislative intent in case of ambiguity. Such history may be found in 1) Reports of legislative committees and the hearings conducted by them, may shed light on the necessity of the enactment the situation under earlier laws the history of the times the evils sought to be rectified 2) Legislative debates and explanatory statements in certain instances Statement and opinions of legislators uttered in debates are not, as a general rule, appropriate aids of construction, since those who did not speak may not have differed from each other. SC: debates are not controlling in the interpretation of the law Debates are mere personal opinions of those making them. Debates may be used as evidence of the purpose of the act a) where there is unanimity [agreement, accord, unity, harmony] with foes and supporters of a bill spoke of its aims b) for the purpose of confirming a construction already adopted by the court c) or of showing the history of the times d) the mischief sought to be remedied by the ACT 3) Changes or amendments in the course of enactment 4) Executive reports or messages SEC 67: CONTEMPORANEOUS AND PRACTICAL CONSTRUCTION The understanding and application of the law, by its contemporaries, when it first comes into operation, sanctioned by long acquiescence [agreement, consent, acceptance, compliance, submission] on the part of the legislature and judicial tribunals are the strongest evidence that it has been rightly explained. For it cannot be denied that those who lived at or near the time when the statute was passed were better acquainted than their descendants with the circumstances to which it had relation as well as with the sense attached to legislative expression. The courts may take into consideration the practical construction given the statute or the manner in which the statute has been interpreted by the general public, or those affected by the law, especially where such practical construction has long been continued and acquiesced [consent, submit] in by the legal profession.

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SEC 68: EXECUTIVE CONSTRUCTION It is a rule repeatedly followed by the SC that the construction placed upon a law by the officials in charge of enforcing the same, where said construction has been uniform and observed for a long period of time, deserves greater or considerable weight and should be respected.

SEC 69: LEGISLATIVE CONSTRUCTION The construction of statute by the legislature, as indicated by the language of later enactments, is entitled to consideration as an aid in the construction of the statute, but is not generally controlling. It has been held that a legislative declaration of opinion as to the meaning of an earlier statute, without a positive legislative act, is not binding on the court in the construction of the earlier statute, since statutory construction is a judicial and not a legislative function. The legislature cannot, after passing a law which violates a constitutional provision, enact another law declaring that the former shall not be construed as violative of the constitutional provision.

SEC 70: JUDICIAL CONSTRUCTION It is presumed that the legislature was acquainted with and had in mind the judicial construction of former statutes on the subject, and that the statute was enacted in the light of the judicial construction that the prior enactment had received, or in the light of such existing judicial decisions as a have direct bearing upon it. It is provided by the law that judicial decisions applying or interpreting the laws or the Constitution form part of the legal system of the Philippines. With respect to a statute adopted from another state or country, there is a presumption that it was adopted with the construction placed upon it by the courts of the state or country at the time of its adoption, and this construction should be followed, if reasonable, in harmony with justice and public policy, and consistent with the local law. Resort to foreign jurisprudence is proper only if no local law or jurisprudence exists to settle the controversy. And even then it is only persuasive.

SEC 71: CONSTRUCTION BY THE BAR AND LEGAL COMMENTATORS The meaning publicly given a statute by long professional usage of members of the legal profession has been presumed to be true one and regarded as one which should not be lightly changed. This must be so considering the peculiar knowledge of lawyers and their close connection with statutory law. Our COURTS have, in countless instances, cited in their decision the works of Spanish, American and local text writers or commentators.

SEC 72: PRESUMPTIONS IN AID OF CONSTRUCTION COURTS, in construing statutes, often indulge in presumptions justified by 1) Rules of logic 2) Human experience 3) Good sense

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4) Established by specific provisions of law a) Presumption as to right and justice in case of doubt in the interpretation or application of laws, it is presumed that the law-making body intended right and justice to prevail.

b) Presumption of constitutionality every act of the legislature is presumed to be valid and constitutional until the contrary is shown. Such presumption must prevail in the absence of some factual foundation or record for overthrowing the statute. c) Presumption against exceeding limitations of legislative power it must be presumed that the legislature, in passing a law, intended to keep within the prescribed limits of its authority and to enact a valid law; so that if a statute is fairly susceptible to two interpretations, one of which would make it transcend the boundaries of legislative competence, and the other would make it valid, the latter interpretation is to be adopted.

d) Presumption against ineffectiveness it is presumed that the legislature intends to impart to its enactment such a meaning as will render them operative and effective, and to prevent persons from eluding and defeating them; hence, if the language of the statute is susceptible of two or more construction, that construction should be adopted which will most tend to give effect to the object for which that statute was enacted. e) Presumption against absurdity it is presumed that the legislature does not intend that absurdity will flow from its enactment; and courts have the duty to interpret the law in such a way as to avoid absurd results. Absurdity means anything which is irrational, unnatural or inconvenient that it cannot be supposed to have been within the intention of men of ordinary intelligence and discretion. Presumption against inconsistency the mind of the legislature is presumed to be consistent; hence, in case of doubt, such a construction should be adopted as will make all the provisions of the statute consistent with one another and with the entire act. The lawmaker, just like any author, is supposed to be consistent with himself; and therefore, if, in one place, he has expressed his mind clearly, it ought to be presumed that he is still of the same mind in another place, unless it clearly appears that he has changed. Consequently, a word or phrase repeated in a statute will have the same meaning throughout the statute, unless a different intention appears. And where the law does not distinguish, the courts should not distinguish.

f)

g) Presumption against inconvenience and impossibility it is presumed that the legislative intends the most reasonable and beneficial construction of its enactments and such as will avoid inconvenience, hardship. h) Presumption as to public policy it must always be supposed that the legislative body designs to favour and foster, rather than to contravene, that public policy which is based upon the principle of natural justice, good morals, and the settled wisdom of the law as applied to the ordinary affairs of life. Consequently, if the statute is so worded as to admit of more than one interpretation, that construction should be put upon it which will carry out this presumed intent. i) Presumption as to knowledge of existing law the legislature, in enacting a law, is presumed to have full knowledge of all existing laws on the subject; so that where there are two laws on the same subject enacted on different dates, the latter law cannot be held to have abrogated the former law, unless the repugnancy is clear convincing and irreconcilable. From this presumption arises the principle that implied repeals are not favoured. Presumption against improper motives or bad faith in the interpretation of a statute, every presumption is indulged in favour of the good faith of the lawmaking body; it is therefore the duty of the

j)

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courts to impute motives to those who exercise legislative power and to interpret a statute in such manner, if possible, as not to convict the legislature of a breach of good faith. k) Presumption against irrepealable laws it is always to be presumed, in case of doubt or ambiguity that the legislature does not intend to derogate the authority of its successors, or to make irrepealable laws, or to divest the state of any portion of its sovereign powers. l) Presumption as to jurisdiction of courts a statute will not be construed as ousting or restricting the jurisdiction of superior courts, or as vesting a new jurisdiction in them, unless there be express words or a necessary implication to that effect.

CHAPTER 5: THE STATUTE, ITS PROVISION, AND OTHER ACTIVITIES SEC 73: THE STATUTE TO BE CONSTRUED AS A WHOLE: Legislative intent must be ascertained from a consideration of the statute as a WHOLE and not an ISOLATED PART or a particular provision alone CARDINAL RULE OF STATUTORY CONSTRUCTION. Every part of the statute must be interpreted with reference to the context, means that every part of the statute must be considered together with the other parts, and kept subservient [submissive, obedient, compliant] to the general intent of the whole enactment, not separately and independently. The doctrine of associated words [NOSCITUR A SOCIIS - a word is known by the company it keeps] provides that where a particular word or phrase in a statement is ambiguous in itself or is equally susceptible of various meaning, its true meaning may be made clear and specific by considering the company in which it is found or with which it associated. WHEN THE RULE NOT APPLICABLE OR THE RULE IS NOT ABSOLUTE: 1) Does not apply where the statute is CLEAR and UNAMBIGUOUS 2) A court has NO right to resort to such maxim for the purpose of reading into a statute a DISTINCTION which the legislature neither made nor intended to make 3) When to do so would render general words meaningless. Example: Cars, buses, vans, motor bikes are not allowed to enter. Question: Is a tricycle allowed to enter? NO, because we can associate a tricycle with motor vehicles enumerated.

COMPARATIVE INTERPRETATION: referred as 1. Particular WORDS, CLAUSES, and PHRASES should not be studied as detached and isolated expressions but the WHOLE. 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.

2.

2 PRINCIPLE REASONS: according to BLACK 1. 2. The force and significance of particular expressions will largely depend upon the connection in which they are found and their relation to the general subject matter of the law. Effect must be given to every word and clause of the statute, so that nothing shall be left devoid of meaning or destitute of force.

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CONTRADICTIONS and REPUGNANCES between the different parts of the statute may be avoided.

SEC 74: EVERY PROVISION OF THE STATUTE MUST BE GIVEN EFFECT: Because the legislature is NOT PRESUMED to have done a useless act or a futile thing. A statue is a SOLEMN ENACTMENT of the state acting through its legislature and it must be assumed that this process achieves result. Where a LEGAL PROVISION is susceptible of TWO interpretations, the COURT will adopt that which will render it OPERATIVE, and HARMONIOUS with other provisions of the law. (All parts of the statute are to be harmonized and reconciled so that effect may be given to each and every part thereof, and those conflicting intentions in the same statute are never to be supposed or regarded unless forced upon the court by an ambiguous language.) No part of the statute should be treated as REDUNDANT or SUPERFLUOUS [unnecessary].

SEC 75: CONFLICTING AND IRRECONCILIABLE PROVISIONS: The COURTS seek to avoid any conflict in the provisions of the statute by endeavouring to harmonize and reconcile every part so that each shall be effective. What appears to the reader to be a conflict may not have seemed so the drafter. Definite Reason in the insertion of each provision by considering what appears to be on its face a conflict may be cleared up and the provisions reconciled. Certain statutory provisions may present such an inconsistency as cannot be harmonized or reconciled a construction should be sought which would give effect to the intention of the legislature.

SEC 76: PROVISION LAST IN POSITION FREQUENTLY PREVAILS; EXCEPTIONS In case of irreconcilable conflict between two provisions of the statute, the last in order of position, being the later expression of the legislative will, is frequently held to prevail. EXCEPTIONS: cannot be applied 1. To extend the scope of the statute, or to defeat the manifest purpose, policy or intent of the lawmakers, as gathered from the context. 2. When the provision standing first in the statute is more in harmony with other statutes dealing with the same or kindred [family members, relative] subjects.

SEC 77: GENERAL AND SPECIAL PROVISIONS General provisions include what is embraced in the special or particular provisions. Special provisions must be operative. Special provisions must prevail over general ones applicable only as an aid in ASCERTAINING and GIVING EFFECT to the legislative intent; it cannot be applied [EXCEPTION] where the effect will be to override and render almost useless express words in the statute.

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A special law must be intended to constitute an exception to the general law in the absence of special circumstances forcing a contrary conclusion. General provisions can only affect as not within the particular provisions. Generalia specialibus non derogant general words do not derogate from special or special law prevails. GSND designed to give effect to each and every part of the statute and not to render any part useless or meaningless, applies regardless of the position occupied by the special provision in the statute, it may come earlier or later than the general one; the former (special) is deemed to be an exception to the latter (general).

SEC 78: MANDATORY AND DIRECTORY PROVISIONS Mandatory provision (ex. Cannot, Shall) prevails over directory provision (ex. May).

SHALL AND MAY (from Chapter 3 notes) The context or a reasonable construction of the statute in which they are used demands or requires. RULE: negative words and phrases are regarded to be as MANDATORY and affirmative words are merely DIRECTORY. GENERAL RULE: MAY permissive, directory, operates to confer discretion SHALL imperative, mandatory, operates to impose a duty which may be enforced

SEC 79: PROVISOS AND EXCEPTIONS Where a proviso was repugnant [disgusting, revolting, nauseating, repulsive] or [contrary to ones taste and principle] to the body or purview of the enactment, the old rule was that it repealed [or make it inoperative and void] the enacting part. When there is irreconcilable repugnancy between the proviso and the body of the statute the former (proviso) is given precedence [priority, preference, primacy, superiority] over the latter (body). Because the proviso appeared subsequent to the enacting part it was the latest legislative expression and therefore controlled. The location of the proviso was the result of legislative style and not of legislative intention.

(From chapter 1 notes) PROVISO o A clause added to an enactment for the purpose of acting as a restraint upon or as a qualification of, the generality of the language which it follows. Usually starts with the word provided. PRIMARY PURPOSE: to limit the general language of a statute. Can only restrict or qualify the provisions immediately preceding it, or the section to which it has been appended, unless it clearly appears that the legislature intended it to have a wider scope.

o o o

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EXCEPTIONS o o Exempts something which should otherwise fall within the general words of the statute . GENERAL RULE: Exceptions should be strictly but reasonably construed; they extend only so far as their language fairly warrants, and all doubts should be resolved in favor of the general provisions rather than the exception. In the event the body of the statute is irreconcilable with the exception, the latter, is VOID.

SEC 80: DUTY OF COURTS TO RECONCILE CONFLICTING STATUTES: All laws or statutes are presumed to be CONSISTENT with each other. Consistency in statutes is of prime importance. Duty of the courts: 1. To harmonize and reconcile laws in the construction of statutes. 2. To adopt a construction of a statutory provision which harmonize and reconciles it with other statutory provisions.

SEC 81: STATUTES OF LATER DATES When 2 statutes of different dates and contrary tenor are of equal theoretical application to a particular case, and there is no way to reconcile them, the statute of later date, being presumed to be the latest expression of legislative will on the subject, prevails.

SEC 82: CONFLICT BETWEEN GENERAL AND SPECIAL LAWS Special law will control the general law without regard to the respective dates of passage, to the extent of any necessary repugnancy [contrary to ones taste and principle]. Special law is to be taken as an exception to the general law, in the absence of special circumstances forcing a contrary conclusion. Section 288 of Act 190 laid down the rule in the construction of 2 or more conflicting statutes or instruments, by providing that 1) When a general and particular provision are inconsistent, the latter is paramount to the former, and 2) A particular intent will control a general one that is inconsistent with it. Because implied repeals are not favoured and as much as possible effect must be given to all enactments of the legislature. Examples: Special Law vs. General Law 1) RA 337 vs. RA 3135 2) Corn Act No. 502 vs. RA 1275 3) Police Act 1966 vs. Decentralization Act 1967

SEC 83: CONFLICT BETWEEN SUBSTANTIVE AND PROCEDURAL LAW Substantive Law is a positive law which creates, defines, and regulates the rights and duties of the parties and which gives rise to a cause of action.

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Procedural Law also referred as Law of Remedy or Remedial Law, is the law which pertains to practice and procedure, or the legal machinery by which the substantive law is made effective. Remedial Statutes are those which abridge [shorten or condense] superfluities [more than necessary] of former laws and remedy defects thereof; reform or extend existing rights; promote justice or advance public welfare and important and beneficial public objects such as protection of the health, morals and safety of society or of the public in general. (notes from chapter 1)

SEC 84: STATUTES IN PARI MATERIA: Statutes which relate to the same person or thing, or to the same class of persons or things, or which have a common purpose. It does not matter that the statutes were enacted at different times or contain no reference to one another. Under this rule, in the construction of a particular statute, or any provisions, all statutes relating to the same subject, or having the same purpose, should be read in connection with it, and they should be construed together as though they constituted one law. Justification: Assumption that statutes relating to the same subject matter were enacted in accord with the same legislative purpose.

SEC 85: RE-ENACTED STATUTES; PRINCIPLE OF LEGISLATIVE APPROVAL BY RE-ENACTMENT RE-ENACTED STATUTES is one which is passed in substantially the same language as a prior one passed by the same legislature. (from chapter 1 notes) o In the interpretation of re-enacted statutes the COURT will follow the construction which such statutes received when previously in force; for the legislature is presumed to know the effect which such statutes originally had, and by re-enactment to intend that they should again have the same effect. The lawmakers are presumed to have adopted the construction, if the same is uniform (same manner or substantially the same language), placed upon such statute or provision, before reenactment, by the court of last resort in the state unless the statute as re-enacted clearly indicates a different intention.

PRINCIPLE OF LEGISLATIVE APPROVAL BY RE-ENACTMENT where a statue is susceptible of the meaning placed upon it by a ruling of the government agency charged with its enforcement, and the legislature thereafter re-enacts the provisions without substantial change, such action is to some extent confirmatory (persuasive indication) that the ruling carries out the legislative purpose. Based on the presumed knowledge of the legislature of CONTEMPORANEOUS constructions placed upon its enactment. EXCEPTIONS: Where the administrative rulings relied upon was never published for then the legislature could not be said to have known, at the time of re-enactment, said rulings.

SEC 86: STATUTES ADOPTED FROM OTHER STATES ADOPTED STATUTES is one which borrowed wholly or in part by one state from another. The construction placed upon it by the courts of that state or country at the time of its adoption by the legislature of the adopting state, and this construction should be followed if reasonable, 1) in harmony with justice and public policy, and 2) consistent with local laws.

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Corporation Law is of American origin, American decisions have persuasive effect in considering similar cases in this jurisdiction.

SEC 87: CONFLICT BETWEEN COMMON LAW PRINCIPLE AND STATUTORY PROVISION Statutory provision must prevail over common law principle.

CHAPTER 6: STRICT AND LIBERAL CONSTRUCTION, AND CONSTRUCTION AS MANDATORY OR DIRECTORY SEC 88: CONCEPT OF STRICT AND LIBERAL CONSTRUCTION Strict construction of a statute is a close and conservative adherence to the literal or textual interpretation thereof. The language must be given its exact and technical meaning, with no extension on account of implications or equitable considerations The operation of the statute must be confined to cases coming clearly with the letter of the statute as well within its spirit or reason. Liberal construction of a statute is that construction by which the letter of the statute is enlarged or restrained to accomplish its intended purpose. Permits a statute to be extended to include cases clearly within the mischief intended to be remedied, unless such construction does violence to the language used. Resolves all reasonable doubts in favor of the applicability of the statute. It should not give the words of a statute forced, strained, or unnatural meaning. Neither does it authorize the addition of other supposed evils, purposes and objects SEC 89: STRICT CONSTRUCTION OF PENAL STATUTES RULE: In case of ambiguity, penal laws should be construed strictly. REASONS: 1. Controlling factor in the interpretation of the statutes or laws. 2. Serves as an additional, single factor to be considered as an aid in determining the meaning of penal laws. 3. Should not be permitted to defeat the policy and purpose of the statute. 4. Does not mean such construction as would deprive the statute of the meaning intended. No person should be brought within their TERMS who is not clearly within them, nor should any act be pronounced criminal which is not made clearly so. PRINCIPLE: the power of punishment is vested in the legislature, and not in the judicial department of the government, otherwise, the court might, thru judicial interpretation or construction, create or define offenses or other forbidden acts or forfeitures not contemplated by the legislature. Among penal laws, those most obviously included are all such statutes as in terms impose a FINE or CORPOREAL PUNISHMENT under sentence in state prosecutions, or forfeitures to the state as a

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punitory [relating to, done as, or imposed as a punishment] consequences of violating laws made for the preservation of peace and good order of the society. Example of penal laws that should be strictly construed: officer to be suspended statutes restricting immigration A CODE prescribing the procedure in criminal case is not a penal statute and is to be interpreted liberally.

SEC 90: LIBERAL CONSTRUCTION OF REMEDIAL STATUTES REASONS 1. Play an important part in the jurisprudence of an advancing society. 2. They supply the defects and abridge the superfluities in pre-existing law, which arise a) From the general imperfection of all human laws, b) From change of time and circumstances, c) From the mistakes and unadvised determinations of judges, and d) From any other cause. 3. They serve to keep our system of jurisprudence up-to-date and in harmony with new ideas or conceptions of what constitute justice and proper human conduct. 4. Their legitimate purpose is to advance human rights and relationships. A construction which promotes improvement in the administration of justice and the defects in our system of jurisprudence should be favored over one which perpetuates wrong. BORNE IN MIND: Liberal construction does not justify an extension of the statutes scope beyond the contemplation of the legislation, even if the statute is purely remedial and a liberal construction would produce a result highly beneficial or desirable. EXAMPLES OF REMEDIAL STATUTES: 1. TENANCY LAW being remedial legislation intended to better the lot of the share-cropper by giving him a more equitable participation in the produce of the land he cultivates. 2. RULES OF PROCEDURE (Rule 1, Section 2) a) Being intended to assist parties in obtaining speedy justice and inexpensive determination of every action and proceeding. b) Are not to be applied in a very rigid technical sense; they are used only to help secure substantial justice c) Hair-splitting technicalities that do not square with the ends of justice should be avoided. PERSONS WHO PAID TAXES ON EXCESSIVE ASSESSMENTS ADOPTION STATUTES being humane and salutary and designed to provide homes, love, care, and education for less fortunate children, are liberally construed, in such a manner as will encourage the adoption of such children by persons who can properly afford to educate them and rear them to be useful citizens. Courts are guided by the spirit of the law that gives it life and not by the rigid technicality that renders it lifeless. RETIREMENT LAWS should be liberally construed and administered in favor of the persons intended to be benefited and all doubts as to the intent of the law should be resolved in favor of the retiree to achieve its humanitarian purposes.

3. 4.

5.

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Are intended to entice competent men and women to enter the government service and to permit them to retire therefrom with relative security, not only for those who have retained their vigor but more so, for those who have been incapacitated by illness or accident. SEC 91: LIBERAL CONSTRUCTION OF LABOR AND WELFARE LEGISLATION Article 1702. In case of doubt labor legislation should be construed in favor of the safety and decent living for the laborers. WORKMENS COMPENSATION ACT a labor legislation designed to give relief to laborers in case of injury, should be given a liberal construction to fully carry into effect its beneficent provisions, and doubts as to the right of a laborer to compensation should be resolved in his favor. SOCIAL SECURITY ACT should be liberally construed in favor of those seeking its benefits. GSIS LAWS in the nature of social legislation, to liberally construe in favor of government employees.

SEC 92: STRICT CONSTRUCTION OF TAX LAWS

GENERAL RULE: Not to extend their provisions beyond the clear import of the language used nor to enlarge their operation so as to embrace matters not specifically pointed out, although closely analogous
[similar, comparable].

Obligation to pay taxes devolves equally upon all who receive protection from the state. Taxation is the sole means by which sovereignties can maintain existence. WHEN IN DOUBT: Statutes are to be construed most strongly against the government and in favor of the subjects or citizens, because burdens and not to be imposed, nor presumed to be imposed beyond what statutes expressly and clearly declare POWER TO TAX: Resides in the legislature. EXEMPTION FROM TAXATION: Are not favored. They are never presumed. They are construed in strictissimi juris against the taxpayer and liberally in favor of the taxing authority. To be tax-exempt equipment and spare parts should be for the use of industries. He who claims an exemption from the common burden of taxation must justify his claim by showing that the legislature intended to exempt him by words too plain to be mistaken. Tax exemption law are in derogation [a deviation from a rule or law, especially one specifically provided for] of the states sovereignty and equal rights. RULE OF STRICT INTERPRETATION: REASON: 1) To foster impartiality 2) Fairness and equality of treatment among taxpayers 3) Does not apply in the case of exemptions running to the benefit of the government itself or its agencies. Does not apply in the case of exemptions in favor of a government political subdivision or instrumentality like NAPOCOR.

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Tax refunds are in the nature of tax exemptions. PRACTICAL EFFECT OF AN EXCEPTION: To reduce the amount of money that as to be handled by government in the course of its operations. DEROGATION: definition an exemption from a law or ruling given to a state a deviation from a rule or law, especially one specifically provided for the act of belittling or criticizing somebody or something SEC 93: STRICT CONSTRUCTION OF STATUTES IN DEROGATION OF SOVEREIGNTY Strictly construed in order not to divest the state or its government of any of its prerogatives, rights or remedies, unless the intention of the legislature to effect this object is clearly expressed. Restrictive statutes and acts which imposes burdens on the public treasury or which diminish rights and interests, no matter how broad their terms, do not embrace the sovereign, unless the sovereign is specifically mentioned. The Republic of the Philippines, as sovereign, cannot be covered by a general term like employer unless the language used in the law is clear and specific to that effect. EXAMPLE: Statutes considered to be derogation of sovereignty 1. Those allowing suits against the state. 2. Creating a claim against the state waiving its immunity from liability 3. Relinquishing public power or jurisdiction 4. Conferring sovereign powers on corporations 5. Containing exemption from taxation

SEC 94: STRICT CONSTRUCTION OF STATUTES IN DEROGATION OF RIGHTS Either public or individual Natural rights Rights which have been enjoyed from time immemorial Applied to rights of life, liberty and the pursuit of happiness EXAMPLE: 1. Exercise of imminent domain is necessarily in derogation of private rights 2. Condemnation proceedings provisions of the law are to be strictly followed, so that the party whose property is subject to expropriation [to take property or money from somebody, either legally for the public good or illegally by theft or fraud] may have all the guarantees of due process. 3. Common rights applied to rights, privileges and immunities appertaining to, and enjoyed by, all citizens equally and in common, and which have their foundation in the common law. 4. Auction sales of property for tax delinquency being derogatory of property rights should be followed punctiliously [thoroughly, meticulously, painstankingly]. Strict adherence to the statutes governing tax sales is imperative not only to allay any possible suspicion of collusion between the buyer and the public officials called upon to enforce such laws.

SEC 95: STRICT CONSTRUCTION OF LEGISLATIVE GRANTS OF FRANCHISES LEGISLATIVE GRANTS whether they be of property, rights or privileges, or to corporation or individuals, must be strictly construed against the grantee and in favor of the grantor.

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RULE: Based on the assumption that the grant was made at the solicitation [to try to get something by making insistent requests or pleas] of the grantee and was drafted by him, and that therefore its language is his language and should be construed against him.

SEC 96: CONSTRUCTION AS MANDATORY OR DIRECTORY, TESTS MANDATORY LAW OR PROVISION Is one non-compliance with which renders the proceeding to which it relates illegal and void. It is provided that acts executed against the provisions of mandatory or prohibitory laws shall be void except when the law itself authorizes their validity. DIRECTORY LAW OR PROVISION Is one the observance of which is not necessary to the validity of the proceedings. Tests to determine the mandatory or directory nature of statutes and statutory provisions: MANDATORY Terminology shall , must Words of positive prohibition Where it is couched in negative terms such as cannot, shall not Relate to matters of substance Affects substantial rights Are the very essence of the thing required to be done DIRECTORY or PERMISSIVE or ENABLING may, it is lawful

Materiality of provisions

Consequences

Failure of performance will result to injury or prejudice

Imposition of penalty

There is penalty for failure to observe legislative provisions

The compliance is a matter of convenience rather than substance, e.g. conduct of business Not considered material Do not affect any substantial right Do not relate to the essence of the thing to be done Failure of performance will result in no injury or prejudice to the substantial rights of the interested persons No penalty

SEC 97: STATUTES FOR THE ADVANCEMENT OF PUBLIC WELFARE OR JUSTICE CONSTRUED AS MANDATORY A statute is generally regarded as mandatory where the power or duty to which it relates is for the public benefit, good, interest or protection for the security of public rights, or for the advancement of public justice Although the words of the statute are merely permissive, directory or enabling, they may nevertheless have the force of words of command.

SEC 98: STATUTES CONFERRING AND REGULATING RIGHTS, REMEDIES, PRIVILEGES AND IMMUNITIES, ETC., CONSTRUED AS MANDATORY A statute which creates a new right, privilege or immunity, and regulates the manner of its exercise, is to be construed as mandatory.

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Largely because such a law is in derogation of common right. The new right, privilege or immunity conferred can therefore be exercised or enjoyed only in the manner and at the time prescribed.

SEC 99: PROVISIONS AS TO TIME GENERALLY REGARDED AS DIRECTORY Statutory provisions as to the precise time when a thing is to be done are not regarded as of the essence, but as directory merely. RULE: Applies to statutes which direct the doing of a thing within a certain time without negative words restraining the doing of it afterwards. Where a statute prescribes a time within which a public officer is to perform acts AFFECTING THE RIGHTS OF OTHERS, the GENERAL RULE is that it is directory as to the time, unless from the nature of the act the designation of time must be considered a limitation on the power of the officer. Example: Sec 5 Judiciary Act of 1948 A judge should decide a case within 90 days, did not deprive him of jurisdiction to act in the cases pending before him or invalidate the judgment so rendered, such failure will deprive him of the right to collect his salary or to apply for leave

SEC 100: STATUTES PERTAINING TO OFFICIAL ACTION GENERALLY CONSTRUED AS DIRECTORY GENERAL RULE: A statute which regulates the manner in which public officials shall exercise the power vested in them will be construed as directory, especially where such regulation pertains merely to uniformity, order, and convenience, and neither public nor private rights will be injured or impaired. But if the public interest or private rights call for the exercise of the power vested in a public official, the language used, though permissive, will be considered as mandatory.

SEC 101: STATUTES PERTAINING TO PLEADING AND PRACTICE CONSTRUED AS MANDATORY OR DIRECTORY DEPENDING UPON EFFECT MANDATORY CONSTRUCTION: 1) Where the rule of procedure pertains to matters which are jurisdictional or of the essence of the proceedings or is prescribed for the protection or benefit of the party affected. 2) A statute which makes a requirement, the violation of which will operate to deprive the litigant of a substantial right and thus injure him or his case, should be given a mandatory construction. DIRECTORY CONSTRUCTION: 1) A statute which makes a requirement, which, if not met, in no manner materially affects the litigants case nor deprive him of a substantial right.

CHAPTER 7: OPERATION, AMENDMENT, REPEAL AND REVIVAL OF STATUTES

SEC 102: EFFECTIVITY OF STATUTES Law takes effect after fifteen days following the completion of their publication in the Official Gazette, or in a newspaper of general circulation.

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The requirement of the publication of a statute prior to its taking effect is for the purpose of enabling [conferring new legal powers] persons affected to shape their course of action accordingly . Law becomes effective as of the first minute of the day on which it is approved by the President, regardless of the hour or precise time during that day on which the signature of approval is made.

SEC 103: PLACE OF OPERATION OF STATUTES Legislative enactments can only operate, upon the persons and things within the territorial jurisdiction of the lawmaking power, and no law has any effect, of its own force, beyond the territorial limits of the sovereignty from which its authority is derived. A state may have the power to legislate concerning the rights and obligations of its citizens with regard to transactions occurring beyond its boundaries. CIVIL CODE provides that laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. REVISED PENAL CODE declares that except as provided in treaties and laws of preferential application, its provisions shall, in instances therein specified, be enforced not only within the Philippine archipelago, including its atmosphere, its interior waters and maritime zone, but also outside its jurisdiction.

SEC 104: PROSPECTIVE AND RETROSPECTIVE OPERATION OF STATUTES A statute is prospective in operation if it merely regulates acts or transactions taking place after it takes effect. A statute operates retrospectively when it creates a new obligation, imposes a new duty or attaches a new disability in respect to transactions taking place before its passage. A statute is not made retrospective or retroactive simply because it draws on antecedent facts for its operation, or in other words, part of the requirements for its action and application is drawn from a time antedating its passage.

SEC 105: PROSPECTIVE OPERATION IS GENERAL RULE The Civil Code establishes the rule, in reiteration of settled jurisprudence, that laws shall have no retroactive effect, unless the contrary is provided. Laws are to be given, and are presumed to have, a prospective operation, in the absence of a clear provision to the contrary or unless it can be necessarily implied. Because every law that takes away or impairs vested rights under existing laws is generally reprehensible, unjust, oppressive and dangerous, and is looked upon with disfavour. A statute is to apply hereafter or thereafter or is to take effect at a fixed date, or immediately, or which contains, in the body, the phrase from and after the passage of this ACT, or shall have been made , or from after a designated date, it is prospective only in operation.

SEC 106: RETROSPECTIVE OPERATION OF REMEDIAL STATUTES Statutes relating to remedies or modes of procedure, which do not create new or take away vested rights, but only operate in the furtherance of the remedy or confirmation of rights already existing, do not come

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within the legal conception of a retrospective law, or the general rule against the retrospective operation of statutes. Retrospective law is one which takes away or impairs rights under existing laws, or creates a new obligation and imposes a new duty, or attaches a new disability, in respect of transactions or considerations already past.

SEC 107: RETROACTIVE OPERATION ON PENAL LAWS Penal laws are to be given prospective operation; otherwise, they may fall within the constitutional prohibition of ex post facto [applying to events that have already occurred as well as to subsequent events] legislation. An ex post facto law, may either be one which makes an action done before the passage of the law, and which was innocent when done, criminal, and punishes such action; or that which aggravates a crime or makes it greater than it was, when committed; or a law which changes the punishment, and inflicts a greater punishment, than that annexed to the crime when committed; or one that alters the legal rules of evidence, and receive less, or different testimony, than the law required at the time of the commission of the offense, in order to convict the offender. The condemnation of ex post facto legislation is founded on its inherent harshness. The constitutional principle prohibiting the passage of ex post facto law applies only in criminal proceedings or in instances where the law inflicts criminal punishment; it cannot be invoked to protect allegedly vested rights.

SEC 108: WHEN PENAL LAWS GIVEN RETROACTIVE OPERATION Article 22 of RPC: RETROACTIVE EFFECT OF PENAL LAWS. Penal laws shall have a retroactive effect in so far as they favor the person guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same. Penal laws will retroact in favor of the accused even if he is serving his sentence, but he must not be a habitual delinquent.

SEC 109: RETROSPECTIVE OPERATION OF CURATIVE ACTS Curative acts which are enacted to validate legal proceedings, the acts of public officers, or private deeds and contracts, operate on conditions already existing and, in a sense, can have no prospective operation. Where valid, they must be given a retrospective operation by the courts.

SEC 110: AMENDMENTS OF STATUTES An amendment is a change in some of the existing provisions of a statute; or, stated in more detail, a law is amended when it is in whole or in part permitted to remain and something is added to, or taken from it, or it is in some way changed or altered in order to make it complete, or perfect, or effective. Amendment is not the same as repeal, although it may operate as repeal to a certain degree. The power to amend existing legislation resides in the lawmaking authority.

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The intent of the lawmaking authority to set out the original act or section as amended is most commonly indicated by a statement in the amendatory act that the original law is amended to read as follows. An amendment of a law, being part of the original which is already in force and effect in a certain territory, must necessarily become effective therein as part of the amended law at the time the amendment takes effect. While the amendment should be construed as if it had been included in the original act, it cannot ordinarily be given retroactive operation unless plainly made so by the terms thereof. After an act is amended, the original act continues to be in force with regard to all the rights that has accrued prior to such amendments.

SEC 111: REVISIONS AND CODIFICATIONS The legislature may revise or codify existing law to any extent it deems necessary so long as no constitutional limitation is exceeded. PURPOSE: to clarify statute law and make it easily found. The title of a bill enacting a revision or code is sufficient if it relates to a unified subject. The work of codification or revision is however usually done by commissioners appointed by the legislature. The enactment or adoption of a code or revision by the legislature has the same effect as if all the matters, both new and altered, therein contained, had been, enacted as one general statute or act. All laws of general and permanent nature which have been omitted from the revision or codification are no longer law, and any matter which had never been previously enacted by the legislature, if included therein, becomes operative as law.

SEC 112: SUSPENSION The suspension of a statute means a temporary stop for a time, and the courts may not enforce the law during said period. It is a legislative act (must make the suspension general), unless based on some contingency [an event that
might occur in the future, especially a problem, emergency, or expense that might arise unexpectedly and therefore must be prepared for, provision made against future unforeseen events, e.g. an allocation of funds in a budget, dependence upon chance or factors and circumstances that are presently unknown, a condition in a contract that has to be fulfilled before the contract is binding] ,

exigency [something that a situation demands or makes urgently necessary and that puts pressure on the people involved, a difficult situation requiring urgent action], or state of facts [a country or nation with its own sovereign independent government, a country's
government and those government-controlled institutions that are responsible for its internal administration and its relationships with

declared by legislative enactment to be sufficient to warrant suspension by an executive or administrative body whose duty is to administer the law suspended.
other countries],

SEC 113: REPEAL OF STATUTES REPEAL is the recall or revocation of the statute; it signifies the abrogation [to end an agreement or contract formally and publicly] of one statute by another. The power to repeal a law is as complete as the power to enact it.

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A legislature cannot enact irrepealable laws or limit its future legislative acts. The power to repeal is subject to constitutional restrictions 1) The prohibition against the impairment of obligations of contract 2) The denial of due process of law

SEC 114: MODES OF REPEAL Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. EXPRESS REPEAL is the abrogation or annulment of a previously existing law by the enactment of a subsequent designation of its name, the title, or, caption or by reference to its subject, contents, or substance as to leave no doubt as to what statute is intended. IMPLIED REPEAL or REPEAL BY IMPLICATION Is one which takes place when a new law contains provisions which are contrary to, but do not expressly repeal, those of a former law. Cases abound [to be present in large numbers or quantities, to contain something in large numbers or amounts] holding a repeal of this nature is not presumed nor favored (is therefore still necessary) , considering that the legislature is presumed to be aware of existing law: ordinarily, if it intends to revoke a statute, it would manifest such intention in express terms. But no conflicting and irreconcilable laws on the same subject should be allowed to be in force simultaneously; otherwise, there would be confusion as the people would not know which law to follow or obey; hence, one law must give way to the other law.

SEC 115: MODES OF IMPLIED REPEAL By substitution where a later statute covers the whole subject of earlier acts and shows that it was intended as substitute therefor, and to cover the whole subject and prescribe the only rules with respect thereto, it operates as a repeal of all former statutes relating to the subject, even though it makes no reference to the earlier statutes. By absolute inconsistency where 2 legislative acts relating to the same subject are repugnant to or in conflict with each other, and they cannot be reconciled or harmonized, or one cannot be deemed as an exception to the other, the last one enacted, as the latest expression of the legislative will, supersedes and repeal the earlier act although it contains no repealing clause. It has been held that a repealing clause which provides that all laws or parts thereof inconsistent with the provisions of the act are hereby repealed or modified is not an express repealing clause because it fails to identify or designate the act or acts that are intended to be repealed. It is a clause which predicates the intended repeal upon the condition that a substantial conflict must be found in existing and prior acts. The failure to add a specific repealing clause indicates that the intent was not to repeal any existing law, unless an irreconcilable inconsistency and repugnancy exists in terms of the new and olds laws. It is however necessary before such a repeal is deemed to exist that it be shown that the statutes or statutory provisions deal with the same subject matter and that the latter be inconsistent with the former.

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SEC 116: EFFECTS OF REPEAL Repeal, whether express or implied, puts an end to the law. But it will not operate to impair rights vested under the repealed law or to revive rights lost or taken away under the same, or to affect acts performed or suit commenced, prosecuted, and concluded thereunder. The repeal of a statute does not undo or set aside consequences of its operation while in force unless so directed by express language or necessary implication. For the extinction of the statute is understood to be an indication that the sovereign power no longer desires the former crime to be punished or regarded as criminal. With respect to remedies, it is firmly established that there is no vested right in any particular mode of procedure and that where a particular remedy is unqualifiedly repealed, the remedy is gone. When a court renders a decision or promulgated a resolution or order on the basis of and in accordance with a certain law or rule then in force, the subsequent amendment or even repeal of said law or rule may not affect the final decision, order or resolution already promulgated, in the sense of revoking or rendering it void and of no effect. Neither the Constitution nor the statutes, except penal laws favorable to the accused, have retroactive effect in the sense of annulling or modifying vested rights or altering contractual obligations. The repealing statute cannot be given retroactive operation where the statute repealed is substantive in nature.

SEC 117: SIMULTANEOUS REPEAL AND RE-ENACTMENT Where the legislature instead of simply amending a pre-existing statute repeals the latter in its entirely and by the repealing law re-enacts all or certain portions of the pre-existing law, all rights and liabilities which have accrued under the original statute are preserved and may be enforced, since the re-enactment neutralizes the repeal, thereby continuing the law in force without interruption.

SEC 118: REPEAL OF REPEALING ACT When a law which expressly repeals a prior law is itself repealed, the law first repealed shall not be thereby revived, unless expressly so provided. SUPREME COURT HELD: When a law which repeals a prior law, not expressly but by implication, is itself repealed, the repeal of the repealing law revives the prior law, unless the language of the repealing statute provides otherwise.

SEC 119: REVIVAL REVIVE signifies the reconference of validity, force, and effect; and it is synonymous with re -enact. Statutes which have been repealed may be revived either by express legislative enactment or by operation of law, as when the repealing act is itself repealed.

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CHAPTER 8: THE STATUTE AND THE CONSTITUTION SEC 120: STATUTES AND CONSTITUTION DISTINGUISHED STATUTES Enactments and rules for the government of civil conduct, promulgated by the legislative authority of the state. CONSTITUTION Expressions of the sovereign will in relation to the structure of the government, the extent and distribution of its powers, the modes and principles of its operation, The apparatus of checks and balances proper to insure its integrity and continued existence. Primary, being the commands of the sovereign establishing the governmental machine and the most general rules for its operation Undergo greater and more intricate procedure than statutes in the matter of passage and amendments There is a presumption, which is not easily overcome, that the statute is in accord with the constitution.

Secondary, being commands of the sovereign having reference to the exigencies of time and place resulting from the ordinary workings of the machine.

Must not contravene the constitution of the state to be valid.

SEC 121: PARTIAL UNCONSTITUTIONALITY OF STATUTE It is a fundamental principle that a statute may be constitutional in one part and unconstitutional in another and that if the invalid part is severable [to cut through something or cut something off, or be cut through or off] from the rest, the portion which is constitutional may stand while that is unconstitutional is stricken out and rejected. Whenever a statute contains unobjectionable provisions separable form those found to be unconstitutional, it is the duty of the court to so declare and to maintain the act insofar as it is valid. The valid portion must be so far independent of the invalid portion that it is fair to pressure that the legislature would have enacted it by itself if they had supposed that they could not constitutionally enact the other. It of course follows that where it is not possible to separate that part of an act which is unconstitutional from the rest of the act, the whole statute falls.

SEC 122: RULES OF CONSTRUCTION OF CONSTITUTION 1. Effectuation of Intent of framers the fundamental principle and polestar of constitutional construction is that effect must be given to the intent of the framers of the organic law and of the people adopting it. Uniformity constitutions do not change with the varying tides of public opinion and desire. They should receive a consistent and uniform interpretation, so that they shall not be taken to mean one thing at one time and another thing at another time, even though the circumstances may have so changed as to make a different rule seem desirable. Flexibility - since a constitution usually announces certain basic principles to serve as the perpetual foundation of the state, the courts are not inclined to adopt such a technical and strained construction as will unduly impair the efficiency of the legislature to meet responsibilities occasioned by changing conditions of society. Liberality a constitution is expected to be effective over a longer period of time than a statute, and its method of revision or amendment is more cumbersome [difficult to use or deal with because of length or complexity, awkward to carry or handle because of weight, size, or shape] than the legislative process; it cannot by construction be carried out with mathematical nicety to logical extremes; hence, its provisions should be liberally construed.

2.

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5. Practicality the established practical construction of a constitutional provision should not be disregarded unless the terms of the provision furnish clear and definite support for a contrary construction. Mandatory nature of provisions the provisions of a constitution are also invariably mandatory. It is only in extremely plain cases, or under the pressure of necessity, that they can be construed as directory. It would be extremely dangerous doctrine to hold that any constitutional provisions may be obeyed or disregarded at the pleasure of the legislature, unless it is clear beyond doubt that such was the intention of the framers of the constitution. It would even amount to a lowering of the dignity befitting a fundamental law to say that it prescribes rules of order which may be followed or disregarded at pleasure. Purpose to be given a constitutional provision should be construed so as to give it effective operation and suppress the mischief at which it is aimed; hence, the spirit of the provision will prevail over the letter thereof. Constitution to be construed as a whole it is an established canon of constitutional construction that no one provision of the constitution is to be separated from all the others, to be construed alone, but that all the provisions bearing upon a particular subject are to be brought into view and to be so interpreted as to effectuate the great purposes of the instrument. Every part to be given effect if possible, effect should be given to every part and every word of a constitution and that unless there is some clear reason to the contrary, no portion of the fundamental law should be treated as superfluous [in excess of what is needed, not essential].

6.

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10. Conflicting provisions to be harmonized conflicting constitutional provisions should, whenever possible, be harmonized. If they are irreconcilable and one is general and the other is special, the latter [special] must prevail in respect of its subject matter, since it will be regarded as a limitation to the general grant, and the former will be left to control in cases where the special provisions does not apply. But where one provision cannot be considered as an exception to another, and they are repugnant [offensive and completely unacceptable] to each other, that which is last in order of time and in local position, being deemed to be the latest expression of the will of the people, will be preferred. 11. Ordinary meaning of the words words used in a constitution should be given their ordinary meaning, unless they have a settled technical meaning. But, always, the words must be given the meaning that they possessed at the time of the adoption of the constitution. And where words are used which have both a restricted and general meaning, the latter must prevail over the former, unless the nature of the subject matter or the context clearly indicates that the limited sense is intended. 12. Implications whatever is necessary to render effective any provision of a constitution, whether the same be a prohibition or a restriction, or a grant of power, must be deemed implied in the provision itself. And a grant of power in general terms shall be understood to include all such particular and auxiliary powers as are necessary to make it effectual. 13. Other rules expression unius est exclusion alterius, noscitur a sociis. SEC 123: EXTRINSIC AIDS IN THE CONSTRUCTION OF CONSTRUCTIONS 1. Contemporaneous construction in questions of constitutional construction, greater weight has always been attached to contemporaneous exposition of the meaning of the fundamental law, considering that contemporaries of the constitution had the best opportunities of informing themselves of the understanding of the framers and of the sense put upon the constitution by the people when it was adopted.

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2. Executive construction contemporaneous and long continued construction by the executive department, generally accepted and acted upon over a long period of years , is entitled to great weight in a judicial interpretation of the constitution. Legislative construction though not conclusive, construction given by the legislature to constitutional provisions dealing with legislative powers and procedures is entitled to great weight. Contemporaneous circumstances courts may look to the history of the time and examine the state of things existing when the constitution has a history of its own which is likely to be more or less peculiar [unusual, strange, or unconventional, belonging exclusively to or identified distinctly with somebody or something] , and unless interpreted in the light of this history, the constitution is likely to be made to express purposes which were never within the minds of the people agreeing to it. Proceeding of constitutional convention in interpreting ambiguous provisions of a constitution, the court may examine the proceedings of the convention which drafted the instrument. Amendments of proposed constitutional provisions and changes made therein during the course of passage, as disclosed by the records of the convention, may be considered. For the question in interpreting a constitution is not so much how it was understood by its framers as how it was understood by the people adopting it, since the constitution derives it force as a fundamental law not from the action of the convention, but from the people who have ratified it.

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