Professional Documents
Culture Documents
SUMMARY OF AGPALO
CHAPTER 1
IN GENERAL
Law, in its jural and generic sense, refers to the whole body or system of law.
In its jural and concrete sense, law means a rule of conduct formulated and made obligatory by
legitimate power of the state.
Includes:
statues enacted by the legislature
presidential decree
executive orders
Note2 and 3 are made by the president in the exercise of his legislative power.
other presidential issuance in the exercise of his ordinance power
rulings of the Supreme Court
rules and regulation promulgated by administrative or executive officers pursuant to a delegated
power
ordinances passed by LGU
Statute is an act of legislature as an organized body, expressed in the form, passed according to
the procedure, required to constitute it as part of the law of the land.
Laws which has the same category and binding force arepresidential decrees issued during
Martial law and executive orders issued under the Freedom Constitution.
Types of statutes
passed by the Philippine Legislature
Philippine Commission
Philippine Legislature
Batasang Pambasna
Congress of the Philippines
Made by the president
Presidential decrees (1973 constitution)
Executive orders (Freedom Constitution)
Other types of Statues
Public Statutewhich affects the public at large or the whole community; classifications
general- which applies to the whole state and operates throughout the state alike upon all the
people or all of a class;
special- which relates to a particular persons or things of a class or to a particular community,
individual or thing;
local- whose operation is confined to a specific place or locality
Private Statuteapplies only to a specific person or subject
Types according to Duration
permanent statutewhose operation is not limited in duration but continues until repealed;
temporary statutewhose duration is for a limited period of time fixed in the statute itself or whose
life ceases upon the happening of an event.
In respect to their application
prospective
retroactive.
Operation
declaratory,
curative,
mandatory,
directory,
substantive,
remedial, and
penal.
Form
affirmative
negative
Manner of referring to statutes
Public Acts
Philippine Commission and Philippine Legislature 1901-1935
Commonwealth Actsenacted during the Commonwealth 1936-1946
Republic Actspassed by Congress of the Philippines 1946-1972 and from 1987
ENACTMENT OF STATUTES
Legislative power is the power to make, alter, and repeals laws.
Under the 1973 and freedom constitution, the president exercised legislative power which
remained valid until repealed.
LGU can enact ordinances within their own jurisdiction, but such laws are inferior and subordinate
to the laws of the state. (Primicias v. Municipality of Urdaneta).
Administrative or executive officer can make rules and regulations to implement specific laws.
Essential feature of the legislative function is the determination of the legislative policy and its
formulation and promulgation as a defined and binding rule of conduct
A bill is a proposed legislative measure introduced by a member of Congress for enactment into
law.
Passage of a bill:
A bill shall embrace only one subject which shall be expressed in the title thereof. It shall be
signed by its author and filed with the Secretary of the House.
A bill may originate in the lower or upper house except appropriation, revenue or tariff bills, bills
authorizing increase of public debt, bills of local application, private bills, which shall originate
exclusively in the House of Representatives.
A bill is approved by either house after it has gone three readings on separate days except when
the President certifies to the necessity of its immediate enactment.
Steps:
The Secretary reports for the first reading, which consists of reading the number and title of the
bill, followed by its referral to the appropriate Committee for study and recommendation.
Second Readingthe bill shall be read in full with the amendments proposed by the Committee, if
any, unless copies thereof are distributed and such reading is dispensed with. After the
amendments, the bill will be voted on second reading.
Third readingthe bill approved on second reading will be submitted for final vote by yeas and
nays. No amendments may be introduced.
The bill approved on the third reading by one house is transmitted to the other house for
concurrence, which will follow the same procedures as a bill originally filed with it.
If the other house introduces amendments and the House from which it originated does not agree
with said amendments, the differences will be settled by the Conference Committee of both
chambers, whose report or recommendation thereon will have to be approved by both Houses in
order that it will be considered passed by Congress and thereafter sent to the President for
action.
If the President shall veto it, and if after such consideration, two- thirds of all the Members of such
House shall agree to pass the bill, it shall be sent, together with the objections, to the other House
by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that
House, it shall become a law.
A bill passed by Congress becomes a law in either of three ways:
When the President signs it
When the President does not sign nor communicate his veto of the bill within thirty days after his
receipt thereof
When the vetoed bill is repassed by Congress by two-thirds vote of all its members, voting
separately.
Procedure for enactment of appropriations and revenue bills is same with ordinary bills, but it may
only come from the lower house. Appropriations bill are subject to the restrictions or qualifications
as provided in the Constitution [Art VI, Sec. 25] and [Art. VI Sec. 27 (2)]
The lawmaking process in Congress ends when the bill is approved by the body. Approval is
indispensable to the validity of the bill.
The system of authentication devised is the signing by the Speaker and the Senate President of
the printed copy of the approved bill, to signify to the President that the bill being presented to him
has been duly approved by the legislature and is ready for his approval or rejection.
The Constitution requires that each House shall keep a journal [Art. VI Sec. 16(4)]. The Journal is
regarded as conclusive with respect to matters that are required by the Constitution to be
recorded therein. With respect to other matters, in the absence of evidence to the contrary, the
Journals have also been accorded conclusive effect. Considerations of public policy led to the
adoption of the rule giving verity (truth) and unimpeachability to legislative records. Imperative
reasons of public policy require that the authenticity of laws should rest upon public memorials of
the most permanent character. That the rights acquired today upon the faith of what has been
declared to be law shall not be destroyed tomorrow, or at some remote period of time, by facts
resting only in the memory of individuals.
Enrolled BillUnder the enrolled bill doctrine, the text of the act as passed and approved is deemed
importing absolute veracity and is binding on the courts.It is conclusive not only of its provisions
but also of its due enactment.
If there has been any mistake in the printing of the bill before it was certified by the officer of the
assembly and approved by the chief executive, the remedy is by amendment by enacting a
curative legislation, not by judicial decree (Casco Phil. Chemical Co., Inc. v. Gimenez)
Where there is discrepancy between the journal and the enrolled bill, the latter as a rule prevails
over the former, particularly with respect to matters not expressly required to be entered in the
journal.
The legislative journals and the enrolled bill are both conclusive upon the courts. However, where
there is discrepancy, the enrolled bill as a rule prevails, particularly with respect to matters not
expressly required to be entered into the legislative journal.
PARTS OF STATUTES
Titleevery bill passed shall embrace only one subject which shall be expressed in the title. This
provisions contains dual limitations upon the legislature:
The legislature is to refrain from conglomeration, under one statute, of heterogeneous subjects.
The title of the bill is to be couched in a language sufficient to notify the legislators and the public
and those concerned of the import of the single subject thereof.
Purpose of one title-one subject rule:
To prevent hodge-podge or log-rolling legislation
To prevent surprise or fraud upon legislature, by means of provisions in bills of which the title
gave no information, and which might therefore be overlooked and carelessly and unintentionally
adopted
To fairly apprise the people through such publication of legislative proceedings as is usually
made, of the subjects of the legislation that are being heard thereon
These requirements should be liberally construed (People v. Buenviaje).It should not be given a
technical interpretation, nor narrowly construed as to cripple or impede the power of legislation
(Tobias v. Abalos).(Cordero vs. Cabatuando)
Title of the statute is used as a guide in ascertaining legislative intent when the language of the
act does not clearly express its purpose.
When there is doubt as to whether the title sufficiently expresses the subject matter of the statute,
the question should be resolved against the doubt and in favor of the constitutionality of the
statute (Insular Lumber vs. Court of Tax Appeals)
NoteThere is sufficient compliance with the one-title-subject requirement
if the title be comprehensive enough to reasonably include the general object which a statute
seeks to effect, without each and every end and means necessary or convenient for
accomplishing the subject.
if all parts of the law are related and germane to the subject matter expressed in the title.
If the title indicates in broad or clear terms, the nature, scope, and consequences of the law and
its operations.
The tile should not be catalogue or index of the bill (People v. Ferrer).
Titles ending with and for other purposes expresses nothing as a compliance with the
constitutional requirement.
WHEN REQUIREMENT NOT APPLICABLE
It does not apply to laws in force existing at the time the 1935 Constitution took effect
(People v. Valensoy), nor to municipal or city ordinances because they do not partake of the
nature of laws passed by the legislature.
NoteA complex and comprehensive piece of legislation usually containsa short title, a policy
section, definition section, administrative section, sections prescribing standards or conduct,
section imposing sanctions for violation of its provisions, transitory provision, separability clause,
repealing clause, and effectivity clause.
The constitutional requirement that a bill should have only one subject matter which should be
expressed in its title is complied with where the provisions thereof, no matter how diverse they
may be, are allied and germane to the subject, or negatively stated, where the provisions are not
inconsistent with, but in furtherance of, the single subject matter (People v. Carlos).
Separability Clausepart of a statute, which states that if any provision of the act is declared
invalid, the remainder shall not be affected thereby. Such clause is not controlling and the courts
may, in spite of it, invalidate the whole statute where what is left, after the void part, is not
complete and workable.
VALIDITY
Every statute is presumed valid. To declare a law unconstitutional, the repugnancy of the law to
the Constitution must be clear and unequivocal. To strike down a law, there must be a clear
showing that what the fundamental law condemns or prohibits, the statute allows it to be done.
All reasonable doubts should be resolved in favor of the constitutionality of law. To doubt is to
sustain.
The final authority to declare a law unconstitutional is the SC en banc by the concurrence of a
majority of the Members who actually took part in the deliberations.
Trial courts have jurisdiction to initially decide the issue of constitutionality of a law in appropriate
cases.
Before the court may resolve the question of constitutionality, the following requisites should be
present:
Existence of an appropriate case / actual case
An interest personal and substantial by the party raising the constitutionality
The plea that the function be exercised at the earliest opportunity
The necessity that the constitutional question be passed upon in order to decide the case.
Legal Standing (locus Standi)- a personal and substantial interest in the case such that the party
has sustained or will sustain direct injury as a result of the governmental act that is being
challenged.
How a citizen acquires standing:
He has suffered some actual or threatened injury as a result of the allegedly illegal conduct of
government
Injury is fairly traceable to the challenged action.
Injury is likely to be redressed by a favorable action
Tax payers legal standing:
When it is established that public funds have been disbursed in alleged contravention of the law
or the constitution, or in preventing the illegal expenditure of money raised by taxation.
He will sustain a direct injury as a result of the enforcement of the questioned statute.
The SC may take cognizance of a suit which does not satisfy the requirements of legal standing;
the Court has adopted a liberal attitude on the locus standi of a petitioner where the petitioner is
able to craft an issue of transcendental significance to the people or paramount importance to the
public.
Constitutionality must be raised at the earliest possible time. If the question is not raised in the
pleadings, ordinarily it may not be raised at the trial, and if not raised in the trial, it will not be
considered in appeal.
Exceptions
the question may raised in a motion for reconsideration or new trial in the lower court, where the
statute sought to be invalidated was not in existence when the complaint was filed or during the
trial
the question of validity may also be raised in criminal cases at any stage of the proceedings.
In civil cases where it appears clearly that a determination of the question is necessary to a
decision and incases where it involved the jurisdiction of the court below.
Test of constitutionality
A stature may be declared unconstitutional because:
it is not within the legislative power to enact
or it creates or establishes methods or forms that infringe constitutional principles
its purpose or effect violates the constitution
it is vague. It is vague when it lacks comprehensive standards that men of common intelligence
must necessarily guess at its meaning and differ in its application.
The change of circumstances or conditions may affect the validity of some statues, specially
those so-called emergency laws designed specifically to meet certain contingencies.
With respect to ordinances, the test of validity are:
Must not contravene the constitution or any statute
Must not be unfair or oppressive
Must not be partial or discriminatory
Must not prohibit but may regulate trade
Must be general and consistent with public policy
Must not be unreasonable
Effects of unconstitutionality
The general rule as to the effects of unconstitutionality of a statute is not applicable to a statute
that is declared invalid because of the change of circumstances affecting its validity. It becomes
invalid only because the change of conditions makes its continued operation violative of the
Constitution, and accordingly, the declaration of its nullity should affect only the parties involved in
the case, and its effects applied prospectively.
Partial Invalidity
The general rule is that where part of a statute is void as repugnant to the Constitution, while
another part is valid, the valid portion, if separable from the invalid, may stand and be enforced
Note Exceptions to this rulewhen the parts are so mutually dependent and connected. The
presence of separability clause creates the presumption that the legislature intended separability,
rather than complete nullity of the statute.
Art 2 of the Civil Code provides that Laws shall take effect after fifteen days following the
completion of their publication in the Official Gazette, unless it is otherwise provided.
All laws or statutes, including those of local application and private law shall be published as a
condition for their effectivity (Taada v. Tuvera), otherwise it would violate the due process clause
of the constitution.
The general rule is that where the law is silent as to its effectivity, or where it provides that it shall
take effect immediately or upon its approval, such law shall take effect after 15 days from its
publication in the Official Gazette.
The completion of publication, from which date the period of publication will be counted, refers to
the date of release of the O.G. or newspaper for circulation and not to its date, unless the two
dates coincide.
The requirement of publication as a condition for the effectivity of statues applies to Presidential
Issuances, except those which are merely interpretative or internal in nature not concerning the
public.
CHAPTER 2
Definition of Construction
It is the art or process of discovering and expounding the meaning and intention of the authors of
the law, where that intention is rendered doubtful by reason of the ambiguity in its language or the
fact that the given case is not explicitly provided for in the law.
It is the drawing of warranted conclusions respecting subjects that lie beyond the direct
expression of the text, conclusions which are in the spirit, though not within the letter of the text.
Interpretation art of finding the true meaning and sense of any form of words
Construction process of drawing warranted conclusions respecting subjects that lie beyond the
direct expressions or determining the application of words to facts in litigation.
Note Although there is technical distinction between the two, they are alike in practical results.In
practice and common usage, they have the same signification.
Rules of construction are tools used to ascertain the legislative intent because in enacting a
statute, the legislature is presumed to know the rules of statutory construction.
When there is ambiguity in the language of a statute, the rules of statutory construction is
employed by the courts in order to ascertain the true intent and meaning of the law.
Rules of statutory construction have no binding effect on the courts.They are only used to clarify,
not to defeat, legislative intent.
Legislative purpose
It is what the law, by its language, means.What it comprehends, covers or embraces, limits and
confines are.
Legislative intent and meaning are synonymous.Thus IF THERE IS AMBIGUITY IN THE
LANGUAGE USED IN THE STATUTE, ITS PURPOSED MAY INDICATE THE MEANING OF THE
LANGUAGE AND LEAD TO WHAT THE LEGISLATIVE INTENT IS.
The courts, by judicial construction will give effect to such intent.
If these sources fail, the court may look into the effect of the law.
Note Judicial legislation happens when the court looks into the effect of the law without
ascertaining the other sources of legislative intent.
The power and duty to interpret or construe a statue or the Constitution belong to the judiciary.
A Supreme Court construes the applicable law in controversies which are ripe for judicial
resolution..
Moot and academic cases cases wherein:
purpose has become stale
where no practical relief can be granted
which have no practical effect
The court may nonetheless resolve a moot case where public interest requires its resolution.
Laws are not interpreted in a vacuum, they are always decided based on facts.Thus, LAWS ARE
INTERPRETED ALWAYS IN THE CONTEXT OF THE PECULIAR FACTUAL SITUATION OF
EACH CASE.THE CIRCUMSTANCE OF TIME, PLACE, EVENT, PERSON AND PARTICULARLY
ATTENDANT CIRCUMSTANCES SHOULD BE TAKEN IN THEIR TOTALITY SO THAT JUSTICE
CAN BE RATIONALLY AND FAIRLY DISPENSED (Philippines Today, Inc vs. NLRC).
Legislature may indicate its construction of a stature in the form of a resolution or declaratory act
BUT it has no power to overrule the interpretation or construction of a statute or the constitution
by the Supreme Court, for interpretation is a judicial function assigned to the latter by the
fundamental law.
ReasonBecause of the principle of separation of powers.The legislature may enact and make
laws but as to interpretation and application of said laws belong exclusively to the judicial
department.
The Supreme Court itself may, in appropriate case, change or overrule its previous construction.
The rule that Supreme Court has the final word in the interpretation of a statue merely means that
the legislature cannot, by law or resolution, modify or annul the judicial construction without
modifying or repealing the very statute which has been the subject of construction.
Ambiguity a condition of admitting two or more meanings, of being understood in more than one
way or of referring to two or more things at the same time.
Construction or interpretation comes only after it has been demonstrate that application is
impossible or inadequate without it.It is the last function the court should exercise, for if there is
more application and less construction, there would be more stability in law.
Court may not construe a statute that is clears and free from doubt. WHEN THE LAW IS CLEAR,
THERE IS NO ROOM FOR INTERPRETATION.THERE IS ONLY ROOM FOR APPLICATION
(Cebu Portland Cement Co. vs. Municipality of Naga)
Fidelity to such task precludes construction and interpretation, unless application is impossible or
inadequate without it.
When the law is free from ambiguity, the court may not engraft into the law qualifications not
contemplated.
A meaning that does not appear nor is intended or reflected in the very language of the statute
cannot be placed therein by construction.
It is a principle in statutory construction that where the two statutes that applies in a particular
case, that which was specifically designed for the said case must prevail over the other. (Lapid
vs. CA)
Legis interpretato legis vim obtinet authoritative interpretation of the Supreme Court or a statute
acquires the force of law by becoming a part thereof.
Rulings of the SC are laws in their own right because they interpret what the law say or mean.
Stare decisis et non quieta novere rulings of the supreme court, until reversed, are binding upon
inferior courts.
Courts may not enlarge nor restrict statutes (doing so would be considered law making).
Courts may not revise even the most arbitrary and unfair action of the legislature
Courts may not rewrite the law to conform with what they think should be the law.
Courts may not interpret into the law a requirement which the law does not prescribe.
Courts must not be influenced by questions of wisdom.
They must not pass upon questions of wisdom, justice, or expedience of legislation, for it is not
within their province to supervise legislation.
As long as laws do not violate the constitution, the courts merely interpret and apply them
regardless of whether or not they are wise or salutary.
Questions regarding wisdom, morality or practicability of statutes are not addressed to the
judiciary by may be resolved only the legislative and executive departments.
CHAPTER 3
GENERALLY Where the meaning of a statute is ambiguous, the court may avail itself of all
legitimate aids to construction in order that it can ascertain the true intent of the statue.
WHEN THE TEXT OF THE STATUTE IS CLEAR AND FREE FROM DOUBT, IT IS IMPROPER
TO RESORT TO ITS TITLE TO MAKE IT OBSCURE.
PREAMBLE
that part of the statute written immediately after its title, which states the purpose, reason or
justification for the enactment of the law.
Expressed in the Whereas Clause
Usually omitted in statutes made by the congress.In its place, these legislative bodies used the
explanatory note to explain the reasons for the enactment of statutes.
Not an essential part of a statute.
Thus, where the meaning if a statute is clear and unambiguous, the preamble can neither expand
nor restrict its operation, much less prevail over its text.
It cannot be used as basis for giving a statute a meaning not apparent on its face.
It may clarify ambiguities (thus it is the key of the statute)
It may express the legislative intent to make the law apply retroactively, in which case the law has
to be given retroactive effect, so as to carry out such intent (PNB v. Office of the President).
The best source from which to ascertain the legislative intent is the statute itself the words,
phrases, sentences, sections, clauses, provisions taken as a whole and in relation to one
another. (Commissioner of Internal Revenue v. TMX Sales).
PUNCTUATION MARKSaids of low degree and can never control the intelligible meaning of
written words; may be used to clear ambiguities.
Punctuation marks are aids of low degree and can never control against the intelligible meaning
of written word.The reason is that punctuation marks are not part of a stature; nor are they part of
the English language (Feliciano v. Aquino).
Semi-colon indicates a separation in the relation of the thought, a degree greater than that
expressed by a comma.Makes the difference being that the semi-colon makes the division a little
more pronounced
Comma also separates the parts and sentences, but less pronounced than the comma.
Period used to indicate the end of a sentence.
Note An argument based upon punctuation alone is not persuasive, and the courts will not
hesitate to change the punctuation when necessary, to give the statute the effect intended by the
legislature.
In case of doubt or ambiguity in the meaning of the law or the intention of the legislature, they
may be consulted in aid or interpretation.
They are not part of the law thus, they can never control the plain terms of the enacting clauses.
When the text of the statute is clear and unambiguous, there is neither necessity nor propriety to
resort to headings and epigraphs for the interpretations of the text.
These secondary aids may be consulted to remove, but not to create, doubt nor to limit or control
the plain language of the law.
LINGUAL TEXT
Philippines laws are official promulgated either in:
English
Spanish
Filipino
Or either in two such languages
Rules:
if text is in English and Spanish, English text shall govern.
But in case of ambiguity, omission, or mistake, the Spanish text may be consulted to explain the
English text.
If statute is officially promulgated in Spanish, English or in Filipino with translations into other
languages, the language in which it is written prevails over its transaction.
In the interpretation of a law or administrative issuance promulgated in all the official languages
(Filipino), the English text shall control, unless otherwise specifically provided.In case of
ambiguity, omission or other mistake, the other texts may be consulted.
Policy of law.
The policy of the law, once ascertained should be given effect by the judiciary.
In order to accomplish this, a statue of a doubtful meaning must be given a construction that will
promote public policy.
A construction which would carry into effect the evident policy of the law should be adopted in
favor of that interpretation which would defeat it.
DICTIONARIES
The courts may consult dictionaries, legal, scientific or general as aid in determining the meaning
of words or phrases in a statute if said statutes does not define the word and phrases used
therein.
However, these definitions are not binding
PRESUMPTIONS
In construing a statue, the court may properly rely on presumptions as to legislative intent in order
to resolve doubts as to its correct interpretation.
Presumption are based on:
logic
experience
common sense
These presumptions include presumptions in favor of:
constitutionality of a statute
of its completeness
of its prospective operation
of right and justice,
of its effect, sensible, beneficial and reasonable operation as a whole,
as well as those against impossibility, absurdity, injustice and hardship, inconvenience and
ineffectiveness.
LEGISLATIVE HISTORY
all antecedents from the statutes inception until its enactment into law.
If statute is a revision of prior statute, the latters practical application and judicial construction
amendments it underwent and contemporary events during the time of its enactment shall form
part of its legislative history.
Foreign statute, history includes:
Presidents address (State of the Nation Address) address to the Congress at the opening of the
regular session.Contains
Note
The explanatory not be used as basis for giving a statute a meaning that is inconsistent with what
is expressed in the text of the statute.
Explanatory note is only resorted to only for clarification in case of doubt, and not where there is
no ambiguity in the law.
This is a mere expression of authors views and reasons for the proposed legislation and may not
accordingly override the clear intent as expressed in the statute
Legislative debates may be resorted to when there is doubt as to what a provision of a statute
means.However, the views expressed by the legislators during deliberations of a bill as to the bills
purpose are not controlling in the interpretation of the law.
The opinions and views expressed by the legislators during floor deliberations of a bill may not be
given weight at all in any of the following instances:
where the circumstances indicating meaning of a statute other than that expressed by the
legislators
where the views expressed were conflicting
where the intent deducible from such views is not clear
where the statute involved is free from ambiguity.
WHERE TWO OR MORE STATUTES RELATING TO THE SAME SUBJECT MATTER WERE
ENACTED BY DIFFERRENT ASSEMPBLIES, NEITHER IS QUALIFIED TO SPEAK ABOUT THE
INTENT OF THE OTHER.
Reports of commissions
Commissions are usually formed to compile and collate all laws on a particular subject and to
prepare the draft of the proposed code.
Special commissions were created to draft the text of the RPC and Civil Code.
Change in phraseology by amendments also indicates legislative intent to change the meaning
of provision from that or originally had.
Amendment by deletion
Amendment by deletion of certain words or phrases in a statute indicates that the legislature
intended to change the meaning of the statute, for the presumption is that the legislature would
not have made the deletion had the intention been not to effect a change in its meaning.
The amended statute should accordingly be given a construction different from that previous to its
amendment.
RULE An Amendment of a statute indicates a change in meaning from that which the statute
originally had.
This applies only when the deleted words or phrases are not surplusage or when the intention is
clear to change the previous meaning of the old law.
The rule does not apply where the intent is clear that the amendment is precisely to plainly
express the construction of the act prior to its amendment.
In codification of statues or revision, neither alteration in phraseology not the omission or addition
of words in the latter statute will be held to alter the construction of the former act or acts.
Adopted statues
The general rule is that where local statues are pattered after or copied from those of another
country, the decision of the courts in such country construing those laws are entitled to great
weight in the interpretation of such local statues and will be generally followed if found reasonable
and in harmony with justice, public policy and other local statues on the subject.
Example of such statues:
corporation law
taxcode
labor laws
naturalization law
Rules of court
Limitations of the rule
where the local law and id the foreign statute from which the former was patterned differ in some
material aspects
foreign construction is clearly erroneous or has not become settled
where the adopting state has given the statute its own interpretation
Principles of Common law
If there is a conflict between the common law principle and statutory principle, the latter prevails.
XIX.CONTEMPORARY CONSTRUCTION
Definitionthese are constructions placed upon statues at the time of, or after, their enactment by
the executive, legislature or judicial authorities, as well as by those who, because of their
involvement in the process of legislation, are knowledgeable of the intent and purpose of the law.
Contemporanea expositio est optima et fortissima in lege the contemporary construction is
strongest in law.
Contemporaneous construction is the construction placed upon the statute by an executive or
administrative officer called upon to execute or administer such statue.
Executive and administrative officers are generally the very first official to interpret the law.These
interpretations are in the form of:
rules
regulations
circulars
directives
opinions and
rulings.
Types of executive interpretation:
construction by an executive or administrative officer directly called to implement the law which
may be:
expressed (ex. Interpretation embodied in circulars, directive or regulation)
implied. (a practice of enforcement of not applying the statute to certain situations)
Construction by the Secretary of Justice in his capacity as the chief legal adviser of the
government in the form of opinions.In the absence of the ruling of a president, the opinions of
Sec. Of Justice is controlling among administrative and executive officials.
Interpretation handed down in and adversary proceeding in the form of a ruling by an executive
office exercising quasi-judicial power.
Note In the absence of error or abuse of power or lack of jurisdiction or grave abuse of discretion
clearly conflicting with either the letter or the spirit of a legislative enactment creating or changing
a governmental agency, the action of the agency would not be disturbed by the courts.
E.Reason why contemporaneous construction is given much weight it comes from the particular
branch of government called upon to implement the law thus construed these same people are
the drafters of the law they interpret.
Stare decisis
Stare decisis et non quieta movere one should follow past precedents and should not disturb
what has been settled.
Reason for such doctrine the supreme court has a duty not only of interpreting and applying the
law but also in protecting the society from needless upheavals.Interest reipublicae ut sit finis
litium interest of then state demands that there be an end to litigation.
A ruling in order to come within the doctrine of stare decision must be categorically stated in the
issue expressly raised by the parties; must be a direct ruling.
Rulings that are merely sub silencio are merely obiter dictum (an opinion of the court upon some
question of law which is not necessary to the decision of the case before it; not binding)
This doctrine is not absolute because Supreme Court may change or abandon a precedent
enunciated by it.