Professional Documents
Culture Documents
6
I.
Rules
of
Collision
• single
or
two
laws
dealing
with
the
same
subject
matter
but
with
conflicting
provisions
as
far
as
the
treatment
and
application
of
a
right
• task
of
the
judiciary
to
reconcile
or
harmonize
them
but
if
that
doesn’t
work,
uphold
one
over
the
other
• the
court
must
provide
a
beneficial
and
effective
construction
as
will
render
the
provision
operative,
effective,
and
harmonious
Provisions
vis-‐à-‐vis
Provisions
• In
a
statute,
conflicting
clauses
and
provisions
may
arise.
o Statute
must
be
construed
as
a
whole
and
attempts
made
to
reconcile
these
conflicting
provisions
in
order
to
the
attain
the
intent
of
the
law
o Construction
=
give
effect
to
every
part
of
the
statute,
its
every
word
o Unless
clearly
repugnant,
provisions
must
be
reconciled
• A
code
should
be
construed
as
a
whole
and
as
a
comprehensive
statute,
not
as
a
series
of
disconnected
articles
or
statutes.
• Particular
v.
General
Enactment
in
the
same
statute
o Particular
must
be
operative
while
general
to
take
effect
only
in
cases
within
its
general
language
wc
are
not
w/in
the
provisions
of
the
particular
enactment
• Two
interpretations:
valid
and
legal
v.
invalid
and
illegal
=
CHOOSE
VALID
AND
LEGAL
• Legislative
intent
must
be
ascertained
from
a
consideration
of
the
statute
as
a
whole.
The
particular
words,
clauses,
and
phrases
should
not
be
studied
as
detached
and
isolated
expressions.
A
statute
must
be
so
construed
as
to
harmonize
and
give
effect
to
all
its
provisions
whenever
possible.
• Noscitur
a
Sociis
–
where
a
particular
word
or
phrase
in
a
statement
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
or
with
which
it
is
associated
with.
• Ex.
Ombudsman
and
President
exercise
concurrent
jurisdiction
over
Deputy
Ombudsman
and
Special
Prosecutor
Laws
vis-‐à-‐vis
the
Constitution
• Statutes
should
be
given
a
meaning
that
will
not
bring
them
in
conflict
with
the
Constitution.
• Whenever
law
in
conflict
with
Constitution,
Consti
will
prevail
Laws
vis-‐à-‐vis
Laws
• New
laws
may
seem
in
opposition
to
previously
enacted
laws
• Every
statute
must
be
so
construed
and
harmonized
with
other
statues
as
to
form
a
uniform
system
of
jurisprudence
• Every
new
statute
should
be
construed
in
connection
with
those
already
existing
in
relation
to
the
same
subject
matter
and
all
should
be
made
to
harmonize
and
stand
together
• Laws
considered
as
pari
material
are
read
side
by
side
or
construed
together
• Best
method
of
interpretation
is
that
which
makes
laws
consistent
with
other
laws.
o Reconcile
instead
of
declaring
outright
the
invalidity
of
one
against
the
other
•
New
law
conflict
with
old
law
o More
recent
one
considered
if
cannot
reconcile
like
Civil
Code
v
Admin
Code
of
1987
on
computation
of
time
-‐>
follow
12
calendar
month
rule
instead
of
365
days
-‐>
later
legislative
will:
knew
old
law
and
intended
to
change
it.
o However,
the
fact
that
a
later
enactment
may
relate
to
the
same
subject
matter
as
that
of
an
earlier
statute
is
not
itself
sufficient
to
cause
an
implied
repeal
of
the
other,
since
the
law
may
be
cumulative
or
a
continuation
of
the
old
one.
• Common
Law
v
Statutory
Provision
-‐>
statutory
prevails
• Amendatory
Laws
o give
effect
to
it
o An
amended
act
is
ordinarily
to
be
construed
as
if
the
original
statute
has
been
repealed,
and
a
new
and
independent
act
in
the
amended
form
had
been
adopted.
o The
amendment
becomes
part
of
the
original
statute
as
if
it
had
always
been
contained
therein
General
Laws
vis-‐à-‐vis
Special
Laws
• A
general
law
does
not
nullify
a
specific
or
special
law.
• A
general
clause
does
not
extend
to
those
things,
which
are
previously
provided
for
specially.
• If
both
statutes
are
irreconcilable,
the
general
statute
must
give
way
to
the
special
or
particular
provisions
as
an
exception
to
the
general
provisions.
• In
case
of
conflict
between
a
general
provision
of
a
special
law
and
a
particular
provision
of
a
general
law,
the
latter
will
prevail.
• A
special
provision
or
law
prevails
over
a
general
one.
• The
enactment
of
a
later
legislation,
which
is
a
general
law,
cannot
be
construed
to
have
repealed
a
special
law.
The
latter
must
prevail
regardless
of
the
dates
of
their
enactment
unless
there
is
manifest
intent
to
repeal
the
special
law.
• Ex.
Mitigating
circumstances
not
applicable
to
administrative
cases
-‐>
betrayal
of
public
trust
Laws
vis-‐à-‐vis
Ordinances
• An
ordinance
is
the
local
legislative
measure
passed
by
the
local
legislative
body
of
a
local
government
unit.
• Legislative
bodies
include
Sangguniang
Panlungsod
and
Panlalawigan
• Valid
ordinance:
o w/in
corporate
powers
of
LGU
o according
to
procedure
prescribed
by
law
C o must
not
contravene
Consti
or
any
statute
O o not
unfair
or
oppressive
D o not
partial
or
discriminatory
T o must
not
prohibit
but
may
regulate
trade
P o must
be
general
and
consistent
with
public
policy
U o must
not
be
unreasonable
• Municipal
ordinances
are
inferior
in
status
and
subordinate
to
the
laws
of
the
state.
• An
administrative
order
is
subordinate
to
provisions
of
the
Consti
• A
statute
is
superior
to
an
administrative
directive
and
the
former
cannot
be
repealed
or
amended
by
the
latter.
• A
law
is
considered
higher
than
an
ordinance,
thus
the
latter
cannot
repeal
or
amend
the
former.
• Basic
law
prevails
over
rule
or
regulation
to
implement
said
law.
Rules
of
Interpretation
and
Construction
Interpretation
o refers
to
how
a
law
or
a
provision
is
to
be
properly
applied.
o We
use
principles
of
statutory
construction
to
aid
us.
o Basic
rule:
verba
legis
-‐
if
the
language
of
the
law
is
clear,
there
is
no
need
for
interpretation
or
construction.
o Verba
legis
(word
of
the
law)
–
plain
meaning
of
the
law.
o If
the
law
admits
2
or
more
interpretation,
then
we
need
to
interpret
the
law.
If
interpretation
is
not
enough,
we
attempt
to
construe
the
meaning
of
the
law.
Interpretation
v.
Construction
Interpretation:
relies
on
the
contents
of
the
law
- Materials
used
are
intrinsic
aids
- Refers
to
the
drawing
of
the
true
nature,
meaning
and
intent
of
the
law
through
an
examination
of
its
provisions.
- One
does
not
have
to
go
outside
the
context
of
the
statute.
- Limits
the
person
to
what
the
law
itself
provides
through
an
examination
of
its
language,
words,
phrases
and
style.
Construction:
relies
on
material
extant
from
the
law
itself.
- Materials
used
are
extrinsic
aids
- Process
of
using
tools,
aids,
references
extant
from
the
law
in
order
to
ascertain
its
nature,
meaning
and
intent.
- One
has
to
go
outside
of
the
language
of
the
statute.
- Allows
the
person
to
utilize
other
reference
materials
and
tools
in
order
to
ascertain
the
true
meaning
of
the
law.
o Note:
before
one
construes,
he
must
first
interpret.
Only
construe
if
process
of
interpretation
fails.
o Some
foreign
jurisdictions,
however,
have
treated
these
two
as
synonymous.
o Words
should
be
read
and
considered
in
their
natural,
ordinary,
commonly
accepted,
and
most
obvious
signification,
according
to
good
usage
and
without
resorting
to
forced
or
subtle
construction.
o Semper
in
dubiis
benigniora
praeferenda.
–
Words
are
assumed
to
have
been
employed
by
the
lawmaker
in
their
ordinary
and
common
use.
Rules
of
Interpretation
and
Construction
(medyo
paulit-‐ulit
lang
yung
book)
1) If
the
words
of
a
statute
are
clear,
plain
and
free
from
ambiguity,
whatever
written
in
the
law
will
be
given
its
literal
meaning.
2) If
the
law
is
clear
and
unequivocal,
there
is
no
need
for
interpretation,
much
less
construction.
3) Only
statutes
with
an
ambiguous
or
doubtful
meaning
may
be
subjects
of
statutory
construction.
The
first
and
fundamental
duty
of
the
courts
is
to
apply
the
law.
Interpretation
and
construction
come
only
after
it
has
been
determined
that
the
application
of
the
law
is
impossible
or
inadequate
without
them.
4) The
rules
also
apply
to
contracts.
The
SC
held
that
a
contract
provision
is
ambiguous
if
it
is
susceptible
of
two
reasonable
alternative
interpretations.
Where
the
written
terms
of
the
contract
are
not
ambiguous
and
can
only
be
read
one
way,
the
court
will
interpret
the
contract
as
a
matter
of
law.
Else,
interpretation
is
left
to
the
courts
to
resolve
the
ambiguity
in
light
of
the
intrinsic
evidence.
Rules
of
Judgment
• Judicial
Power:
power
to
hear
and
decide
causes
pending
between
parties
who
have
the
right
to
sue
and
be
sued.
• Although
holding
neither
purse
nor
sword,
being
deemed
as
weakest
of
the
3
departments,
judiciary
has
the
power
to
annul
the
acts
of
either
the
executive
or
the
legislative
when
not
conformable
to
the
Constitution.
• Judicial
branch
is
the
ONLY
entity
empowered
to
interpret
and
construe
laws.
• The
constitution
vests
judicial
power
is
vested
in
one
SC
and
in
such
lower
courts
as
may
be
established
by
law.
(Doctrine
of
judicial
supremacy)
o The
doctrine
of
separation
of
powers
imposes
upon
the
courts
a
proper
restraint
in
striking
down
legislative
and
executive
acts
as
unconstitutional.
• Courts
may
exercise
its
power
of
judicial
review
when
1. An
actual
and
appropriate
case
and
controversy
exists
o A
justiciable
controversy
involves
a
definite
and
concrete
dispute
touching
on
the
relations
of
the
parties
having
adverse
legal
interest
2. A
personal
and
substantial
interest
of
the
party
raising
3. The
exercise
of
judicial
review
is
pleases
at
the
earliest
opportunity
o That
the
question
of
constitutionality
has
not
been
raised
before
is
not
a
valid
reason
for
refusing
to
allow
it
to
be
raised
later
4. The
constitutional
question
raised
is
the
very
lis
mota
of
the
case
• SC
decisions
en
bank
or
in
division
shall
be
reached
in
consultation
before
the
case
is
assigned
to
a
Member.
• A
certification
signed
by
the
Chief
Justice
shall
be
issued
and
attached
to
the
record
and
served
upon
the
parties.
• Any
member
who
took
no
part
or
dissented
or
abstained
must
state
the
reason
and
the
same
shall
be
observed
by
all
lower
collegiate
courts.
• No
decision
shall
be
rendered
by
any
court
w/o
expressing
clearly
and
distinctly
the
facts
and
the
law
on
which
is
based
• No
judge
or
court
shall
decline
to
render
judgment
by
reason
of
the
silence,
obscurity
or
insufficiency
of
the
laws
• Duty
of
the
judiciary
to
settle
actual
controversies
involving
rights
which
are
legally
demandable
and
enforceable
and
determine
w/n
there
has
been
GADLEJ
on
the
part
of
any
branch
or
instrumentality
of
the
government
• Ang
Tibay
v.
CIR
–
where
the
SC
laid
down
cardinal
requirements
of
due
process
in
admin
proceedings
1. Right
to
hearing
including
right
to
present
case
and
submit
evidence
2. Tribunal
must
consider
evidence
presented
3. Decision
must
have
something
to
support
itself
4. Evidence
must
be
substantial
5. Decision
must
be
based
on
evidence
presented
or
at
least
contained
in
the
record
6. Tribunal
or
body
must
act
on
its
own
independent
consideration
7. Board
or
body
must
render
its
decision
in
a
manner
where
parties
can
know
the
various
issues
and
the
reason
for
decision.
• There
is
need
of
confining
familiar
language
of
a
statute
to
its
usual
signification.
The
search
must
be
for
reasonable
interpretation.
o Holmes:
there
is
no
canon
against
using
common
sense
in
construing
laws
as
saying
what
they
obviously
mean
o Frankfurter:
interpolation
must
be
eschewed
but
evisceration
avoided.
• Utmost
effort
should
be
exerted
lest
the
interpretation
arrived
at
does
violence
to
the
statutory
language
in
its
total
context.
• The
first
and
fundamental
duty
of
courts
is
to
apply
the
law.
Construction
and
interpretation
come
only
after
it
has
been
demonstrated
that
application
is
impossible
or
inadequate
w/o
them.
• Ambiguity
o Only
when
the
law
in
ambiguous
or
of
doubtful
meaning
may
the
court
interpret
or
construe
its
true
intent.
o Ambiguity
is
a
condition
of
admitting
2
or
more
meanings,
of
being
understood
in
more
than
one
way,
or
of
referring
to
2
or
more
things
at
the
same
time.
o A
statute
is
ambiguous
if
it
is
admissible
to
2
or
more
possible
meanings
–
the
Court
is
called
upon
to
exercise
one
of
its
judicial
functions,
which
is
to
interpret
the
law
according
to
its
true
intent.
• Intent
of
the
Legislature
o The
intent
of
the
Legislature
to
be
ascertained
and
enforced
is
the
intent
expressed
in
the
words
of
the
statute.
o If
legislative
intent
is
not
expressed
in
some
appropriate
manner,
the
courts
cannot
by
interpretation
speculate
as
to
an
intent
and
supply
a
meaning
not
found
in
the
phraseology
of
the
law.
o The
courts
cannot
assume
some
purpose
in
no
way
expressed
and
then
construe
the
statute
to
accomplish
this
supposed
intention
Rules
of
Procedure
• Refers
to
the
process
of
how
a
litigant
would
protect
his
right
through
the
intervention
of
the
court
or
an
other
admin
body,
• Administrative
rules
of
procedure
are
generally
given
a
liberal
construction
o Because
they
are
generally
summary
in
nature
o Because
in
performing
their
quasi-‐judicial
functions,
the
intention
is
to
resolve
disputes
brought
before
such
bodies
in
the
most
expeditious
and
inexpensive
manner
possible.
• In
general,
rules
should
be
read
and
interpreted
first
in
their
natural
and
common
acceptation.
• Words
should
be
read
and
considered
in
their
natural,
ordinary,
commonly
accepted
and
most
obvious
signification,
according
to
good
and
approved
usage
and
w/o
resorting
to
forced
or
subtle
construction.
o For
words
are
presumed
to
have
been
employed
by
the
lawmaker
in
their
ordinary
and
common
use
and
acceptation.
• Where
a
statute
defines
a
word
or
phrase
employed
therein,
the
word
or
phrase
should
not,
by
construction,
be
given
a
different
meaning.
• Rules
of
Procedure
should
be
viewed
as
mere
tools
designed
to
facilitatie
the
attainment
of
justice
• When
strong
considerations
of
substantive
justice
are
manifest
in
the
petition,
the
strict
application
of
the
rules
of
procedure
may
be
relaxed.
• Rules
of
Procedure
must
be
faithfully
followed
in
the
absence
of
persuasive
reason
to
deviate
therefrom.
• The
liberality
in
the
application
of
rules
of
procedure
may
not
be
invoked
if
it
will
result
in
the
wanton
disregard
of
the
rules
or
cause
undue
delay
in
the
administration
ofnjusrice.
o It
cannot
be
gainsaid
that
obedience
to
the
requirements
of
procedural
rule
is
needed
if
we
are
to
expect
fair
results
therefrom.