Professional Documents
Culture Documents
1
• The evil sought to be avoided by Congress is the
exploitation of laborers or “sacada” in terms of
ILLUSTRATIVE CASE: FEDERATION OF FREE FARMERS V CA, G.R. No.
wages and benefits.
41161 Sept 10, 1981
• To make the Act operative with or without the
written milling agreement.
- Legislative purpose in enacting RA 809 – to compel
• Section 1 of RA 809, Sugar Act of 1952 provides: continuous sugar production & grant laborer’s share in the
“in the absence of written milling agreements between the increased planter’s participation in the sugar produce.
majority of planters and the millers of sugarcane in any milling - Legislative meaning in enacting RA 809: Although not
district in the Philippines xxx shall be divided between them” clearly disclosed in the language of the Act, it however
indicates that the laborers should receive their share for as
Issues: long as sugar is produced and planters receive increase
participation.
- What is the meaning of “in the absence of written milling
- Thus, to literally interpret these phrases is to defeat
agreements?
legislative intent and purpose, which is to grant laborers
- Does RA 809 apply even if there is a written milling
fair share in sugar produce.
agreement different from the sharing proportion provided
by it?
- Does the phrase “any increase in participation granted
under this Act” exclude written agreement? Legal hermeneutics, defined.
2
Predestined interpretation. –biased Can the municipal mayor be compelled to issue business permit in the
absence of ordinance empowering her to do so?
3
• Courts cannot pass upon questions of wisdom, justice or - Valid portion may stand and be enforced if:
expediency of legislation. • Separable
• For a long as laws do not violate the constitution, the court are • Independent
limited to interpret and apply them, whether or not they are • Sufficient to make a complete, intelligible and valid
wise or salutary. statute which carries out the legislative intent
4
ambiguity defined
5
Strong (1963) summarizes the definition of constitution by saying
that:
Nature of Constitution.
-where powers of sovereignty are habitually exercised Constitution – general principles and foundation of government,
relatively permanent in character
-Written instrument
Statute – more detailed, tentative
- Fundamental powers of the government are established, limited and
defined
-For the benefit of the body politic Constitution of liberty – bill of rights
1. Constitution of government—its provisions should set the 2. Unwritten—“a product of political evolution, consisting
“framework of government largely of a mass of customs, usages and judicial decisions
together with a smaller body of statutory enactments of a
and its powers,” and define the electorate. (De Leon and De fundamental character, usually bearing different dates”
Leon) (Garner, n.d. as cited by De Leon and De Leon). To this effect,
the British Constitution is said to be unwritten because it is an
2. Constitution of liberty—its provisions should set forth the “un-codified constitution in the sense that there is no single
“fundamental rights of the document that can be classed as Britain's constitution. The
British Constitution can be found in a variety of documents.”
people” and impose “certain limitations o the powers of the (Trueman, 2012)
government as a means of
Note: Strong (1963) argues that classifying constitutions as written
securing the enjoyment of these rights.” (De Leon and De and unwritten is a false distinction. This is so because “there is no
Leon) constitution which is entirely unwritten and no constitution entirely
written.
3. Constitution of sovereignty—its provisions should point out
“the mode or procedure for
7
b. Cumulative or evolved—“is a product of growth or a long period A statute is a written law passed by a legislature on the state or
of development originating in customs, traditions, judicial decisions, federal level. It may forbid a certain act, direct a certain act, make a
etc. rather from a deliberate and formal enactment.” An example of declaration or set forth a governmental action to aid society. A statute
this is the English Constitution. (De Leon and De Leon) begins as a bill and after it is passed by both houses and by the
executive officer, the bill becomes a law.
special machinery more cumbrous than the ordinary legislative Presidential decrees issued during Martial Law, executive orders
process” (Strong, n.d. as cited by De Leon and De Leon). In issued under the Freedom Constitution.
short, Strong (1963) says, “the constitution which cannot be
bent without being broken is a rigid constitution.”
Statutes, classified.
Legislative power, defined.
TYPES OF STATUTES:
It is the power to make, alter, and repeal laws.
A. Passed by the Philippine Legislature
¶1) Philippine Commission
¶2) Philippine Legislature
¶3) Batasang Pambansa Scope of legislative power.
¶4) Congress of the Philippines 1) Under the 1973 and freedom constitution, the president
B. Made by the president exercised legislative power which remained valid until
1) Presidential decrees (1973 repealed.
Constitution) 2) LGU can enact ordinances within their jurisdiction, but such
2) Executive Orders (Freedom laws are inferior and subordinate to the laws of the state.
Constitution) (Primcias vs. Urdaneta)
3) Administrative or executive officer can make rules and
regulations to implement specific laws.
Public or private. ➢ Essential feature of the legislative function is the
determination of the legislative policy and its formulation and
Public Statute – Which affects the public at large or the whole promulgation as a defined and binding rule of conduct.
community.
Embraces all subjects, extends to matters of general concern or
Private Statute- applies only to a specific person or subject. common interest, unless limited by the Constitution
9
“Section 1. The legislative power shall be vested in the Congress of After approval, it went to the Senate and referred to its
the Philippines which shall consist of a Senate ad a House of Committee on Ways and Means. Thus, petitioners argue that it did
Representatives, except to the extent reserved to the people by the not originate exclusively in the lower house because it merely
provision on initiative and referendum.” consolidated 2 distinct bills from the lower and upper houses. This
violates the clear mandate of “originate” which was even qualified by
the word “exclusively”.
Bill, defined.
Tolentino v Secretary of Finance, 235 SCRA 630 (1994) How a bill becomes a law.
FACTS: Several bills were introduced in the House of Representatives
to expand the tax base of the Value Added Tax (VAT) system and
enhance its administration by amending the National Internal HOW DOES A BILL BECOMES A LAW – STEPS
Revenue Code (NIRC).
a. A member of the National Assembly may introduce the f. Immediately after the second reading, the bill is set for open
proposed bill to the Secretary of the National Assembly who will debates where members of the assembly may propose amendments
calendar the same for the first reading. Filing- with the House and insertions to the proposed bill.
Secretary. Secretary reports the bill for the 1st Reading.
g. After the approval of the bill in its second reading and at
b. In the first reading, the bill is read by its number and title least three (3) calendar days before its final passage, the bill is
only. printed in its final form and copies thereof distributed to each of the
members.
c. After the first reading, the bill is referred by the Speaker to
the appropriate committee for study. At this stage, the appropriate h. The bill is then calendared for the third and final reading. At
committee will conduct public hearings. Then after the public this stage, no amendment shall be allowed. Only the title of the bill is
hearings, the committee shall decide whether or not to report the bill read and the National Assembly will then vote on the bill. Under the
favorably or whether a substitute bill should be considered. Should present 1987 Constitution, after the third and final reading at one
there be an unfavorable report of the committee, then the proposed House where the bill originated, it will go to the other House where it
bill is dead. will undergo the same process.
d. Upon favorable action by the committee, the bill is returned (Final vote for yeas and nays shall be taken and entered in the
to the National Assembly and shall be calendared for the second Journal)
reading.
i. After the bill has been passed, it will be submitted to the
Composition - experts in the subjects under their jurisdiction. Prime Minister (President) for approval. If he disapproves, he shall
veto it and return the same with his objections to the National
What happens in the Committee Stage? – It may hold public Assembly (House where it originated), and if approved by two-thirds
hearings on the proposed measure. Bill comes under sharpest of all its members, shall become a law. Under the present set-up, if
scrutiny. Committee may approve or reject the bill, with or without the originating house will agree to pass the bill, it shall be sent,
amendments, re-write the bill entirely, report it favorably or without together with the objections to the other house by which it shall be
recommendation. Committee reports and recommends for calendar likewise be considered and must be approved by two-thirds of the
for second reading. votes. Every bill passed by Congress shall be acted upon by the
President within thirty (30) days from receipt thereof. Otherwise, it
shall become a law.
e. In the second reading, the bill is read in its entirety. (in full
11
of its immediate enactmentxxx” qualifies the 2 stated conditions
before a bill becomes a law. The “unless” clause must be read in
Section 26 (2) Article VI, 1987 Constitution
relation to the “except” clause because they are coordinate clauses of
Tolentino v Secretary of Finance, 235 SCRA 630 (1994) the same sentence. To construe the “except” clause as simply
dispensing the printing and distribution not only offends grammar but
“No bill passed by either House shall become a law unless it has also negates the very premise of the “except” clause. The necessity
passed three readings on separate days, and printed copies thereof of securing the immediate enactment of the bill which is certified in
in its final form have been distributed to its Members three days order to meet a public calamity or emergency.
before its passage, except when the President certifies to the
necessity of its immediate enactment to meet a public calamity or The factual basis of presidential certification of bills is not
emergency. Upon the last reading of a bill, no amendment thereto subject to judicial review pursuant to the principle of
shall be allowed, and the vote thereon shall be taken immediately separation of powers as it merely involves doing away with
thereafter, and the yeas and nays entered into the Journal.” procedural requirements. A law may not be declared
unconstitutional when what is violated in its passage are mere
internal rules of procedure. Unlike the sufficiency of the factual basis
Constitutional Reqts for the bill to pass. Article VI, Section 26 of the suspension of the privilege of the writ of habeas corpus which
(2): threaten individual rights hence subject to judicial review.
Under the enrolled bill doctrine, the text of the act as passed and
approved is deemed importing absolute veracity and is binding on the
Illustrative case: Tolentino v Secretary of Finance, 235
courts. An enrolled copy of the bill is conclusive not only of its
SCRA 630 (1994)
provisions but also of its due enactment. Once the Senate
FACTS: The Conference Committee consolidated the House and President and Speaker sign the bill and the Secretaries certify
Senate versions closed doors which resulted in an entirely different
IS THE DOCTRINE OF ENROLLED BILL ABSOLUTE?
version.
No, in one case, the Senate President admitted to a mistake and
CONTENTION OF PETITIONERS: The House Committee Report
withdrew his signature. Thus, the Supreme Court went behind the
included provisions not found in either version and these were
enrolled bill and consulted the Journal to determine whether certain
secretly inserted into it closed doors.
provisions of the statute had been approved by the Senate. There
HELD: There is nothing wrong about closed door executive sessions. was no longer any enrolled bill to consider when the signature was
Often, when only the conferences are present, it is the only way to withdrawn.
harmonize conflicting provisions. The incomplete sentences in the
transcripts may be attributed to the stenographer’s own limitations
or incoherence of statements. Authentication of bills
Amendment in the nature of a substitute by the Conference The system of authentication devised is the signing by the Speaker
Committee resulting in a third version is allowed provided it is and the Senate President of the printed copy of the approved bill, to
germane to the subject of both versions. 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.
13
Once the bill is approved, it is transmitted to the President of the it starts with “whereas”. Part which follows the title and
Philippines for signature. The President may then either sign the bill precedes the enacting clause
to indicate approval, or veto the bill to indicate disapproval. If
approved, the bill officially becomes a law. g. Enacting clause – part of statute which declares its enactment
and serves to identify it as an act of legislation proceeding from
the proper legislative authority. “Be enacted” is the usual
Override of presidential veto formula used to start this clause. Precedes body of statute,
identifies the bill as an act of legislation, absence does not
If the President decides to exercise his veto powers, the Congress nullify law unless required by the Constitution, not required by
may re-pass the vetoed bill if two-thirds of both Houses, voting Constitution but used as a matter of legislative practice or
separately, approve its enactment. In this case, the bill also officially custom.
becomes a law.
h. Body – the main and operative part of the statute containing its
substantive and even procedural provisions. Provisos and
3 ways by which a bill becomes a law exceptions may also be found.
Main part of the bill, rights or
remedies.
A bill passed by Congress becomes a law in either of three ways:
m. Sanctions – penalties
Parts of statutes.
n. Transitory Provisions – Temporary provisions for transition
e. Title – the heading on the preliminary part, furnishing the name
by which the act is individually known. It is usually prefixed to o. Repealing Clause - announces the prior statutes or specific
the statute in the brief summary of its contents. The general provisions which have been abrogated by reason of the
statement of the subject of the bill. enactment of the new law.
Repeal is not a legislative finding
that the earlier law in unconstitutional.
f. Preamble – part of statute explaining the reasons for its
enactment and the objects sought to be accomplished. Usually, p. Saving Clause – restriction in a repealing act, which is intended
14
to save rights, pending proceedings, penalties, etc. from the withdrawn, it is not due to the defect in the title but because just like
annihilation which would result from an unrestricted repeal.
other statutes, they pass unnoticed even if published. The title is
sufficient if it expresses the general subject of the statute and
q. Separability Clause – provides that in the event that one or more all its provisions are germane to the general subject thus
provisions or unconstitutional, the remaining provisions shall expressed.
still be in force.
If part of the law is declared invalid, the rest
remains valid. Does not bind the courts. The whole statute may
be nullified, if what is left is not complete or workable. Logrolling – Combination of multiple propositions in one
proposal. Entire proposition is nullified, not only the subject matter.
r. Effectivity Clause / Date of effectivity– announces the effective
A legislative practice of embracing in one bill several distinct matters,
date of the law.
Time when law takes effect. Usually after 15
none of which, perhaps, could singly obtain the assent of the
days following completion of publication in the Official Gazette
legislature, and then procuring its passage by a combination of the
or in a newspaper of general circulation.
minorities in favor of each of the measures into a majority that will
adopt them all.
One title-one subject rule.
Practice of including in one statute or constitutional amendment more
Sec. 26 (1), Article VI, 1987 Constitution.
than one proposition, inducing voters to vote for all, notwithstanding
“Every bill passed by the Congress shall embrace only one subject they might not have voted for all if amendments or statutes had been
which shall be expressed in the title thereof” submitted separately.
A bill embraces only one subject matter, to prevent logrolling, to Lambino v COMELEC, G.R. No. 174153, October 25, 2006
prevent surprise or fraud, to inform the people.
FACTS: In 2006, the group led by Raul Lambino and Enrico
Tolentino v Secretary of Finance, 235 SCRA 630 (1994) Aumentado gathered signatures nationwide as people’s initiative to
amend the Constitution by shifting from Bicameral-Presidential to
ISSUE: An Act Restructuring the Value-Added Tax (VAT) System, Unicameral-Parliamentary form of government. It asked the people
Widening Its Tax Base and Enhancing its Administration, and For this proposition: DO YOU APPROVE THE AMENDMENT OF ARTICLES
These Purposes Amending and Repealing the Relevant Provisions of VI AND VII OF THE 1987 CONSTITUTION, CHANGING THE FORM OF
the National Internal Revenue Code, as amended, And For Other GOVERNMENT FROM THE PRESENT BICAMERAL-PRESIDENTIAL TO A
Purposes. UNICAMERAL-PARLIAMENTARY SYSTEM, AND PROVIDING ARTICLE
HELD: To insist that the tax exemption be specified in the title is to XVIII AS TRANSITORY PROVISIONS FOR THE ORDERLY SHIFT FROM
require the title of the bill to be a complete index of its content. Every ONE SYSTEM TO THE OTHER?
bill is required to embrace only one subject expressed in its title to HELD: For sure, the great majority of the 6.3 million Filipinos who
prevent surprise upon members of the Congress and inform the signed the signature sheets did not see the full text of the proposition.
people about it. If PAL did not know that its exemption was They could have not known the nature and effect of the proposed
15
changes: 1. The term limits will be lifted and thus members of the Section 18, Chapter 5, Book I, 1987
Parliament can be re-elected indefinitely. 2. The interim Parliament Administrative Code
can continue to function indefinitely until its members, who are
“Laws take effect after 15 days following completion of publication in
almost all the present members of Congress, decide to call for new
the Official Gazette or in a newspaper of general circulation, unless it
parliamentary elections. 3. Within 45 days from the ratification of the
is otherwise provided.
proposed changes, the interim Parliament shall convene to propose
further amendments or revisions to the Constitution.
The subject matter of this proposed transitory provision is Completion of publication – from which the date the period of
totally unrelated to the shift from presidential-bicameral to publication will be counted, refers to the dte of release of the O.G. or
unicameral-parliamentary system. This is logrolling. It places the newspaper for circulation and not to its date, unless the two dates
people in a dilemma since they can answer only either yes or no to coincide.
the entire proposition, which contains 2 subjects, one of which they
may find unacceptable.
Effects of insufficiency of title. Bill is void insofar as the Tañada v Tuvera, 146 SCRA 446 (1986)
subject matter not expressed in the title is concerned. But id void and Philippine Veterans Bank v Vega, G.R. No.
valid are inseparable, the nullity of one vitiates the other. ( go back 105364, June 28, 2001
to PREAMBLE)
Effectivity of presidential issuances, rules and
a) A statute whose title does not conform to the one title-subject regulations. – The requirement of publication also applies to
or is not related to its subject is null and void Presidential Issuances. Exceptions: those which are merely
b) If subject matter of statute is not sufficiently expressed in its interpretative or internal in nature not concerning the public.
title, only the unexpressed subject matter is void leaving the
rest in force Presidential issuances, basis.
16
b. Those which are merely interpretative in nature or merely When local ordinances take effect.
internal in character not concerning the public, does not need
Local ordinance shall take effect after 10 days from the date a copy
publication.
thereof is posted in the bulletin board at the entrance of the provincial
capitol or city, municipal, or barangay hall, as the case may be, and
in at least two other conspicuous places in the local government unit.
In addition, the 1987 Administrative Code provide that-
The Secretary of the sanggunian shall cause the posting of the
a. Every agency shall file with the U.P. Law Center three copies
ordinance within 5 days after its approval.
of every rule adopted by it. Rules in force on the date of
effectivity of this Code which are not filed within 3 months The gist of all ordinances with penal sanctions shall be
from that date shall not be the basis of any sanction against published in a newspaper of general circulation, within the province
any party or persons. where the local legislative body concerned belongs.
b. Each rule shall become effective 15 days from the date of filing
In case of highly-urbanized and independent component cities,
as above provided unless a different date is fixed by law, or
the main feature of the ordinance or resolution duly enacted or
specified in the rule in cases of imminent danger to public
adopted shall, in addition to being posted, be published once in a local
health, safety and welfare.
newspaper of general circulation within the city.
Publication and filing requirements are indispensable to the
Unless a statute is by its provisions for a limited period only,
effectivity or rules and regulations, except when the law
it continues in force until changed or repealed by the legislature. Law
authorizing its issuance dispenses the filing requirements.
once established continues until changed by some competent
Types of administrative rules & regulations legislative power. It is not changed by change of sovereignty.
Rule-making power of a public administrative agency – Where a statute requires the doing of an act within a specified
delegated legislative power. number of days, such as 10 days, from notice, it means 1o calendar
days and not working days. Where the word “week” is used as a
Test of validity of administrative rules and
measure of time and without reference to the calendar, it means a
regulations (Test of validity of delegation of rule-making
period of seven consecutive days without regard to the day of the
power)
week from which it begins (PNB Vs CA).
The law must be : complete in itself, fix a standard standard, the
a. Year: 365 days
limits are sufficiently determinate or determinable, in case of
b. Month: 30 days except if the months are designated
discrepancy between statute and IRR, the statute prevails.
c. Days: 24 hours
d. Night: from sunrise to sunset
17
e. Week: a period of 7 consecutive days without regard to the 1. Must not contravene the Constitution or any statute; 2. Must not
day of the week from which it begins. be unfair or oppressive;
3. Must not be partial or discriminatory;
4.
Civil Code adopts the 365 day year and the 30-day month and Must not prohibit but may regulate trade; 5. Must be general and
not the consistent with public policy; and 6. Must not be unreasonable.
calendar year nor the solar month. REASON WHY AN ORDINANCE SHOULD NOT CONTRAVENE A
The exclude – the- first and include the last day rule governs STATUTE
the computation of a period. IF the last day falls on a Sunday or legal
Local councils exercise only delegated legislative powers conferred on
holiday, the act can still be done the following day. The principle does
them by Congress as the national law making body.
not apply to the computation of the period of PRSECRIPTION OF
CRIME, in which the rule is that if the last days in the period of
The delegate cannot be superior to the principal.
prescription of a felony falls on a Sunday or legal holiday, the
information concerning said felony cannot be filed on the next working
Barangay ordinance, authority to pass and review.
day, as the offense has been by then already prescribed.
Sanggniang barangay: smallest legislative body; may pass an
ordinance affecting a barangay by a majority vote of all its members.
Garvida v Sales, G.R. No. 124893, April 18, 1997 Its ordinance is subject to review by sangguniang bayan or
panlungsod, to determine if it is in accordance with municipal or city
FACT: Proclamation of a duly elected SK Chair was suspended by the ordinance. Sangguniang Bayan or panlungsod shall take action on the
COMELEC because she is overaged. The law says candidates should ordinance within 30 days from submission.
“not be more than 21 years old on the day of election”. The SK Chair
however argued she is still 21 years, 10 months and 25 days old, not Municipal ordinance, authority to pass, veto and review.
22 years old. Sangguniang Bayan: affirmative vote of a majorirty of the members
HELD: The LGC speaks of years, not months or days and a year of the sangguniang bayan, there being a quorum. Ordinance is then
consists of 365 days. In computing years, first year is reached after submitted to the municipal mayor, who within 10 days from the
completing first 365 days. So, 21 is 21 cycles of 365 days. Not more receipt shall return it with his approval or veto. The ordinance is then
than 21 years old is not the same as less than 22 years old. submitted to sangguniang panlalawigan for review, who within 30
days may invalidate it in whole or in part.
Law Dictionary: What is RESOLUTION? definition of RESOLUTION A concurrent resolution is usually designated in the Senate as S.
(Black's Law Dictionary) Ct. Res. It is used for matters affecting the operations of both houses
and must be passed in the same form by both of them. However, they
are not referred to the President for his signature, and they do not
Resolutions convey principles and sentiments of the Senate or the have the force of law. Concurrent resolutions are used to fix the time
House of Representatives. These resolutions can further be divided of adjournment of a Congress and to express the “sense of Congress”
into three different elements: on an issue.
19
Joint. The final authority to declare a law unconstitutional is the Supreme
Court en banc by the “concurrence of a majority of the Members who
A joint resolution, like a bill, requires the approval of both houses and
actually took part in the deliberations.”
the signature of the President. It has the force and effect of a law if
approved. There is no real difference between a bill and a joint
resolution. The latter generally is used when dealing with a single
Trial Courts have jurisdiction to initially decide the issue of
item or issue, such as a continuing or emergency appropriations bill.
constitutionality of a law in appropriate cases.
Joint resolutions are also used for proposing amendments to the
Constitution.
court must see to it that the other departments have not exceeded
Illustrative case: Francisco Jr., v House of Representatives,
their constitutional authority. (Essence of Separation of Powers and
G.R. No. 160261, Nov 10, 2003
System of Check and Balance)
20
crimes. It was endorsed by 3 legislators are referred to the House
Committee on Justice which ruled that it was sufficient in form but
CONTENTION OF SORIANO: Only the Chief Justice has sustained
dismissed it for not being sufficient in substance. But the Committee
or will sustain injury (?)
Report was not sent to the House in plenary. In October 2003, a
second impeachment complaint was filed against CJ Davide.
In answering the issue, the Supreme Court addressed the WHAT TO SHOW IF YOU PETITION AS LEGISLATOR:
following requisites for the exercise of judicial review: Infringement of prerogatives as legislator, Standing to maintain
inviolate prerogatives, powers and privileges vested by the
LOCUS STANDI, RIPENESS, POLITICAL QUESTION/JUSTICIABILITY/ Constitution in his office.
JUDICIAL RESTRAINT.
CONTENTION OF SALONGA: There is no urgent need for the
Constitution to act right away. Anyway, it is the final arbiter of
questions on constitutionality. All remedies in the House and Senate
LOCUS STANDI, DEFINED. Personal or substantial interest in the
should first be exhausted.
case such that the party has sustained or will sustain direct injury.
21
POSITION OF DEAN PANGALANGAN: The Supreme Court should - Under Section 16, impeachment proceedings are
take judicial of on-going attempts to encourage signatories to “deemed
withdraw their endorsement. House Impeachment Rules afford its
initiated” on the day the House Committee on Justice finds that the
members opportunity to raise constitutionality issues when the
verified complaint is sufficient in substance.
Articles of Impeachment are presented to the Senate. Even if the
Articles of Impeachment are transmitted to the Senate, the Chief CONTENTION OF RESPONDENTS: Since the first impeachment
Justice may still move to dismiss on ground of constitutional infirmity. complaint was dismissed for being insufficient in substance, it was not
deemed initiated hence the second impeachment complaint is
HELD: The withdrawal of signatures neither cures the House
allowed. “Initiate” does not mean “to file”.
Impeachment Rules of its Constitutional defect nor obliterates the
questioned second impeachment complaint. It is useless to seek HELD: “Initiate” means filing of the impeachment complaint and
remedies from either the lower or upper house because it has no referral to the House Committee on Justice or filing by at least 1/3 of
jurisdiction to the rule on the issue of constitutionality. the House of Representatives with the Secretary General of the
House. Once initiated, no other impeachment complaint shall be filed
POLITICAL QUESTION, DEFINED: Refers to those questions
against the same official for a period of one year.
which, under the Constitution, are to be decided by the people in their
sovereign capacity, or in regard to which full discretionary authority JUDICIAL RESTRAINT:
has been delegated to the legislature or executive branch of the
government. It is a question of policy, concerned with wisdom and CONTENTION OF PIMENTEL: The SC should exercise judicial restraint
not legality. because the Senate, as an impeachment court, has the sole power to
hear and decide all impeachment cases.
EXCEPT: Grave abuse discretion amounting to lack or excess of
jurisdiction. CONTENTION OF DE VENECIA: There is a moral compulsion for the
Supreme Court to not assume jurisdiction because its members are
DETERMINATION OF IMPEACHABLE OFFENSE: Purely political subject to the impeachment.
question left to the sound discretion of the legislature.
HELD: The power of judicial review includes the power to review
LIS MOTA, DEFINED: Courts will touch the issue of constitutionality justiciable issues in impeachment proceedings.SC together with all
unless it is unavoidable or is the very crux of the controversy. other courts has long held and been entrusted with the judicial power
Whether Section 15 or 16 of Rule 5 of the House Impeachment Rules to resolve conflicting legal rights regardless of the personalities
are unconstitutional for violating Section 3, Article XI of the involved in the suits or actions.
Constitution?
Void for vagueness rule. Violates due process, people are Effects of unconstitutionality.
not informed on what conduct to avoid
Related to overbreadth, this doctrine holds that a law is facially The general rule is that an unconstitutional act is not a law.
invalid if men of common intelligence must necessarily guess at its
meaning and differ as to its application. It is subject to the same (a) It confers no rights
principle governing the overbreadth doctrine. For one, it is also an (b) It affords no protection
analytical tool for testing “on their faces” statutes in free speech (c) It imposes no duties
cases. And like overbreadth, it is said that a litigant may challenge a (d) It creates no office
statute on its face only if it is vague in all its possible applications. (e) It is inoperative as though it had never been passed.
(OVERBREADTH DOCTRINE : Doctrine of overbreadth. Consti. Law. [A]n Regard should be had to what has been done while the statute was
exception to the prohibition against third-party standing, [the doctrine] permits a in operation and presumed to be valid. Hence, its operative fact
person to challenge a statute on the ground that it violates the [free speech] before a declaration of nullity must be recognized.
rights of third parties not before the court, even though the law is constitutional
as applied to that defendant. In other words, the overbreadth doctrine provides
that: “Given a case or controversy, a litigant whose own activities are 2 Views on the effects of a declaration of unconstitutionality of a
unprotected may nevertheless challenge a statute by showing that it statute:
substantially abridges the [free speech] rights of other parties not before the
court.” [Chemerinsky, Consti. Law, p. 86, 2nd Ed. (2002)]. Compare with 1) Orthodox view.
Doctrine of void for vagueness.
Article 7, Civil Code.
23
Operative fact. separable from the invalid, may stand and be enforced must be
complete and intelligible to enforce legislative intent.
An unconstitutional law confers no right, is not a law, imposes no
duties, affords no protection; in legal contemplation, it is inoperative,
Exemptions to this rule: when the parts are so mutually dependent
as if it had not been passed.
and connected to each other. Legislature is presumed to have
intended them as a whole. Nullity of one vitiates the rest.
SEPARABILITY CLAUSE: intent of separability, rather than complete
Article 7, Civil Code: nullity. The presence of separability clause creates the presumption
that the legislature intended separability, rather than complete nullity
of the statute.
Operative Fact Doctrine: As a general rule, the nullification
of an unconstitutional law or act carries with it the illegality of its
effects. However, in cases where the nullification of its effects ill result Tatad v Secretary of Department of Energy, 281 SCRA 330
in inequity and injustice, the operative fact doctrine may apply, and (1997) (Separability Clause)
the effects of the unconstitutional act will have to be recognized.
Existence of statute prior to nullity, is an operative fact that must be FACTS: The Supreme Court declared unconstitutional 3 provisions of
recognized, statute was in force and complied with and so parties RA 8180 or An Act Deregulating the Downstream Oil Industry—the
have already acted under it. provisions on 4% tariff differential, minimum inventory and predatory
pricing which were declared anti-competition. These provisions are
the key provisions of RA 8180.
(2)Modern view. ISSUE: Whether the nullity (striking down) of the 3 provisions of the
law infect the entire law even with the presence of the Separability
The court in passing upon the question of constitutionality does not
Clause?
annul or repeal the statute if it is unconstitutional, it simply refuses
HELD: YES. Because to decree partial unconstitutionality of RA 8180
to recognize it and determines the rights of the parties just as if the
will bring about absurdity. Separability Clause is not binding with the
statute had no existence. It does not repeal, supersede, revoke or
Supreme Court. Separability clause only creates a presumption of
annul the statute. The parties to the suit are concluded by the
that the act is severable. It is merely an aid in statutory construction.
judgment, but no one else is bound.
IT is not an inexorable command. A separability clause does not
clothe the valid parts with immunity from the invalidating effect the
law gives to the inseparable blending of the bad with the good. The
Partial invalidity.
Separability clause cannot also be applied if it will produce an absurd
result. In sum, if the separation of the statute will defeat the intent
of the legislature, separation will not take place despite the inclusion
The general rule is that where part of a statute is void as repugnant of a separability clause in the
to the Constitution, while another part is valid, the valid portion if
24
25
A statute should be construed as a whole because it is not to be
MIDTERMS presumed that the legislature has used any useless words, and
because it is dangerous practice to base the construction upon only a
part of it, since one portion may be qualified by other portions.
PART III. CARDINAL RULES OF CONSTRUCTION
SPIRIT AND PURPOSE OF THE LAW
A cardinal rule in statutory construction is that legislative intent must STARE DECISIS
be ascertained from a consideration of the statute as a whole and not
merely of a particular provision. A word or phrase might easily convey
It is the doctrine that, when court has once laid down a principle, and
a meaning which is different from the one actually intended.
apply it to all future cases, where facts are substantially the same,
regardless of whether the parties and properties are the same. Stare
26
Decisis. Follow past precedents and do not disturb what has been construction is that construction which expands the meaning of a
settled. Matters already decided on the merits cannot be relitigated
statute to meet cases which are clearly within the spirit or reason
again and again. “Stare decisis et non quieta movere” (follow past
thereof or within the evil which the statute was designed to remedy,
precedents and do not disturb what has been settled.
or which give the statute its generally accepted meaning to the end
that the most comprehensive application thereof maybe accorded,
Liberal or strict construction, factors to consider and when
without being inconsistent with its language or doing violence to any
applied.
of its terms. Liberal construction means that the words should receive
- Former law on the matter a fair and reasonable interpretation, so as to attain the intent, spirit
- Persons or matters with which it deals and purpose of the law.
- Letter or language of the law
Liberal construction applied, generally.
The literal meaning of the
Generally:
Whether a statute is to be given a strict or liberal
words used may be rejected
construction will be depend upon the nature of the statute, the
purpose to be subserved and the mischief to be remedied, and a strict if the result of adopting said meaning would be to defeat purpose of
or liberal interpretation will be given a statute that will best the law. Liberal interpretation so as to save the statute from
accomplish the end desired and effectuate legislative intent. obliteration, ut res magis valeat quam pereat. Construction by this
nature and the act of the court in engrafting upon a law something
Strict construction, generally
Strict construction is that construction
which its believes ought to have been embraced therein. The former
according to the letter of a statute, which recognizes nothing that is
is liberal construction and is a legitimate exercise of judicial power.
not expressed, takes the language used in its exact meaning, and
The latter is judicial legislation forbidden by the tripartite division of
admits no equitable consideration. It does not mean giving a statute
powers among the three departments of government, the executive,
its narrowest meaning of which it is susceptible. Nor does it mean
the legislative and the judicial. A statute may not be liberally
that words shall be so restricted as not to have their full meaning.
construed to read into it something which its clear and plain language
Scope of statute shall not be extended or enlarged by implication,
rejects.
intendment, or equitable consideration beyond the literal meaning of
its terms. Statutes in derogation of common rights, how construed.
Liberal construction, defined.
Liberal constructions means such Statutes in derogation of rights.
People in republican state enjoy
equitable construction certain rights, which are either inherent or guaranteed by the
constitution or protected by law; rights are not absolute, and the
as will enlarge of a statute to accomplish its intended purpose, carry state, in the exercise of its police power, may enact legislations
out its intent, or promote justice. It does not mean enlargement of a curtailing or restricting their enjoyment. As these statutes are in
provision which is clear, unambiguous and free from doubt, for a derogation of common or general rights, they are generally strictly
statute which is plain and clear is not subject to construction. Liberal
27
construed and rigidly confined to cases clearly within their scope or become a citizen by naturalization is a statutory rather that a natural
purpose.; two reasonably possible constructions, one which would one, and it does not become vested until he files a petition and
diminish or restrict fundamental right of the people and the other of establishes by competent and satisfactory evidence that he has all
which would not do so, the latter construction must be adopted so as the qualifications and none of the disqualifications specified by law.
to allow full enjoyment of such fundamental right.
In case of doubt, strictly construed in favor of the government against
In case of doubt, strictly construed against the law in favor of common the applicant. Requirements for naturalization must be complied to
rights. the letter to ensure that undesirable aliens are not naturalized.
Statutes prescribing formalities of will.
Statutes prescribing the Statutes granting rights to laborers, how construed.
formalities to be observed in the execution of wills are strictly
construed, ; a will must be executed in accordance with the statutory
requirements, otherwise it is entirely void. ; apply the intent of the In case of doubt, liberally construed in favor of labor, Labor law is
social legislation.
legislators and not that of the testator, and the latter‘s intention is
frequently defeated by the non-observance of what the statute
requires.
Statutes granting tax exemptions, how construed.
In case of doubt, strictly construed against the validity of the will since
Statutes granting tax exemptions.
Taxes are what the people pay for
the testator is already dead. “Dead men tell no tale”. Failure to comply
civilized society; lifeblood of the nation. The law frowns against
with required written formalities. Fatal. The will cannot be admitted
exemptions from taxation. Laws granting tax exemptions are thus
to probate.
construed strictissmi juris against the taxpayer and liberally in favor
Naturalization laws, how construed. of the taxing authority. Taxation is the rule and exemption is
theexception. The burden of proof rests upon the party claiming
Laws on naturalization are strictly construed against an applicant for exemption to prove that it is in fact covered by the exemption so
citizenship and rigidly followed and enforced. ; right of an alien to claimed. Statutes granting tax exemptions are construed strictissimi
28
juris against the taxpayer and liberally in favor of the taxing authority. Retrospective or retroactive law – is one which takes away or
Basis – to minimize the different treatment and foster impartiality,
impairs vested rights acquired under existing laws, or creates new
fairness and equality of treatment among taxpayers. For exemptions
from taxation are not favored in law, nor are they presumed. They obligations and imposes new duties, or attaches new disabilities in
must be expressed in the clearest and most unambiguous language respect of transaction already past.
and not left to mere implications. ―exemptions are never presumed,
the burden is on the claimant to establish clearly his right to A sound canon of statutory construction is that statutes operate
exemption and an alleged grant of exemption will be strictly
prospectively only and never retrospectively, unless the legislative
construed and cannot be made out by inference or implications but
intent to the contrary is made manifest either by the express terms
must be beyond reasonable doubt. In other words, since taxation is
the rule and exemption the intention to make an exemption ought to of the statute or by necessary implication.
be expressed in clear and unambiguous terms.
The Civil Code of the Philippines follows the above rule thus: Laws
In case of doubt, strictly against the taxpayer. Taxation is the
shall have no retroactive effect, unless the contrary is provided.
lifeblood of the government.
Prospective and retrospective interpretation, distinguished. Retroactive legislation is looked upon with disfavor, as a general rule
Prospective- applies to such facts and causes after its enactment. and properly so because of its tendency to be unjust and oppressive.
General rule: statutes are construed prospectively unless clearly Penal statutes as a rule are applied prospectively. Felonies and
stated otherwise in the statute.
misdemeanors are punished under the laws in force at the time of
their commission. (Art. 366, RPC).
In case of doubt, resolved against retrospective effect, in favor of
prospective construction. However, as an exception, it can be given retroactive effect if it is
favorable to the accused who is not a habitual criminal. (Art. 22, RPC).
Prospective statute – is a statute which operates upon acts and
transactions which have not occurred when the statute takes effect,
PROCEDURAL LAWS ARE RETROSPECTIVE
that is, which regulates the future.
Statutes regulating the procedure of the Court will be construed as
29
Ex post facto law.
applicable to actions pending and undermined at the time of their
passage. However, Rules of Procedure should not be given retroactive Rule: No ex post facto laws shall be enacted
Makes an act done
before the passage of the law and which is innocent when done, and
effect if it would result in great injustice and impair substantive right.
punishes such act.
Applies only to criminal or penal matters and not
to civil laws
Procedural provisions of the Local Government Code are
retrospective. Article III, Section 22, 1987 Constitution. “No ex post
facto law or bill of attainder shall be enacted”
CURATIVE STATUTES
An ex post facto law is any of the following:
They are those which undertake to cure errors and irregularities and
- A law which makes criminal an act done before the
administrative proceedings, and which are designed to give effect to passage of the law and which was innocent when done,
and punishes such act;
contracts and other transactions between private parties which
- A law which aggravates a crime, or makes it greater
otherwise would fail of producing their intended consequences by than it was, when committed.
- A law which changes the punishment and inflicts
reason of some statutory disability or failure to comply with some greater punishment than that annexed to the crime
when committed.
technical requirement. They are therefore retroactive in their
- A law which alters the legal rules of evidence, and
character. authorizes conviction upon less or different testimony
than the law required at the time of the commission of
the offense;
Effect of retrospective application of law. - A law which assumes to regulate civil rights or
remedies only, but in effect imposes penalty or
deprivation of a right for something which when done
was lawful;
- Takes away or impairs vested rights acquired under
- A law which deprives a person accused of a crime of
existing law.
some lawful protection to which he has become
- Creates new obligations.
entitled, such as protection of a former conviction or
- Imposes new duties.
acquittal, or a proclamation of amnesty.
- Attaches disability in respect of transactions or
consideration already past
30
Test whether prohibition against ex post facto clause is - When the accused is a habitual delinquent.
violated. -
Where the later statute expressly provide that it shall
not apply to existing statutes/actions or pending cases.
- Accused disregards the later law and invokes the prior
- Does the retroactive application of the law take from statute under which he was prosecuted.
the accused any right that was regarded at that time
- Amendatory statute which renders an illegal act prior
as vital for the protection of life and liberty?
to enactment legal is generally given retroactive effect
unless it is expressly provide that such statute will not
apply retroactively
-
Ratio legis.
Courts look into the following: object to be accomplished, evils and
In construing a statute, the court looks into the spirit and reason of mischief to be remedied. Purpose to be observed..
the law. If adherence to the letter of the law leads to absurdity,
Statute liberally construed to serve its purpose even if its literal
injustice, contradictions or defeat the plain purpose of the law Ratio
interpretation says otherwise. When the language of a particular
legis applies.
provision of law admits of two interpretations, the one that gives
Apparent inaccuracies and mistakes in mere verbiage or phraseology effect to the intent must be followed.
will be overlooked to give effect to the spirit of the law.
WHAT IS WITHIN THE SPIRIT IS WITHIN THE LAW The spirit of the The courts look into the object to be accomplished, the evils and
law controls the letter.
Ratio legis – reason of the law mischief to be remedied or the purpose to be observed. The court
should give the statute a reasonable or liberal construction which will
32
best effect its purpose rather than one which will defeat it even nature with those particularly enumerated, unless there be
though such construction is not within the strict literal interpretation something in the context of the statute to repel such inference.
of the statute.
Statutes must be construed to avoid injustice Purpose: give effect to both the particular and general words, by
treating the particular words as indicating the class and the general
words as indicating all that is embraced in said class, although not
Ejusdem generis. specifically named by particular words.
Where general term follows particular things, the general term is
construed to include those things or persons of the same class as This principle is based on the proposition that had the legislature
those specifically enumerated. Example: Trustees, agents, attorneys- intended the general words to be used in their generic and
at-law and other persons. unrestricted sense, it would not have enumerated the specific words.
“other persons” – only such persons in similar position o trust like
guardians Application: where specific and generic terms of the same nature are
employed in the same act, the latter following the former.
While general words or expressions in a statute are, as a rule,
accorded their full, natural, and generic sense, they will not be given
such meaning if they are used in association with specific words or Reddendo singular singulis.
phrases. General rule is that where a general word or phrase follows
an enumeration of particular and specific words of the same class or The variation of the doctrine of last antecedent is the rule of reddendo
where the latter follow the former, the general word or phrase is to singular singulis. The maxim means referring each to each; referring
be construed to include, or to be restricted to, persons, things, or each phrase or expression to its appropriate object, or let each be put
cases akin to, resembling, or of the same kind or class as those in its proper place, that is, the words should be taken distributively.
specifically mentioned. Reddendo singular singulis requires that the antecedents and
consequences should be read distributively to the effect that each
Where a statute describes things of particular class or word is to be applied to the subject to which it appears by context
kind
accompanied by words of a generic character, the
most appropriately related and to which it is most applicable.
generic words will usually be limited to things of a kindred
33
Doctrine of collocation. a. One variation of the rules is the principle that what is
expressed puts an end to that which is implied
Lacuna V Abes, 133 Phil. 770, 773-774 (1968)
Expressum facit cessare tacitum
• Association between two words that are typically or frequently
used together where the sentence has several antecedents b. General expression followed by exceptions therefrom
and consequents, they are to be read distributively implies that those which do not fall under the exceptions
• Antecedent – a word or phrase that a subsequent or come within the scope of the general expression.
consequent word refers to. Exceptio firmat regulam in casibus non exceptis
• Consequent – a word or phrase that an antecedent word
precedes. c. Expression of one or more things of a class implies the
exclusion of all not expressed, even though all would
Example: “Statutory Construction is an easy subject, but the
have been implies had none been expressed.
Professor somehow makes it difficult.”
• Distributive – refers to each member of the group individually The rule expressio unius est exclusio alterius and its variations are
and separately canons of restrictive interpretation.
Basis: legislature would not
have made specified enumerations in a statute had the intention
Examples of distributive words: “each”, “every” and “either”.
been not to restrict its meaning and confine its terms to those
“Statutory Construction is an easy subject, but the Professor expressly mentioned. They are opposite the doctrine of necessary
somehow makes it difficult. Each student enrolled in the class may implication.
either pass or fail, without fear or favor.”
XIX. Negative-opposite doctrine
Expression unius ext exclusion alterius. The principle that what is expressed puts an end to that which is
implied is also known as negative-positive doctrine or argumentum
a contrario.
Mention of one thing implies the exclusion of another.
XX. Application of expressio unius rule
The rule of expressio
Example: “Female lawyers _________are required to wear uniform
unius est exclusio alterius and its corollary
on __________.
canons are generally used in the construction of statutes granting
Express mention of one person, thing or consequence implies
powers, creating rights and remedies, restricting common rights,
the exclusion of all others.
and imposing penalties and forfeitures, as well as those statutes
It is formulated in a number of ways:
which are strictly construed.
34
Where a statute directs the performance of certain acts by a inconvenience, hardship and injury to the public interest.
particular person or class or persons, it implies that it shall not be
Where the legislative intent shows that the enumeration is not
done otherwise or be a different person or class of persons.
exclusive, the maxim does not apply.
If a statute enumerates the things upon which it is to operate,
Noscitur a sociis.
everything else must necessarily, and by implication, be excluded.
Meaning of particular terms in a statute may be ascertained by
XXI. Limitations of rule reference to words. Associated with or related to them in statute.
The rule expressio unius est exclusio alterius is not a rule of law. It
is a mere tool of statutory construction or a means of ascertaining Casus omissus.
the legislative intent.
Words or phrases may be supplied by the courts and inserted in a
The rule, not being inflexible nor a mechanical or technical tool, statute. Where it is necessary to eliminate repugnancy and
inconsistency to complete the sense and give effect to the intent.
must yield to what is clearly a legislative intent.
Used to supply omissions caused by clerical errors, by accident or
It is no more than an auxiliary rule of interpretation to be ignored inadvertence.
where other circumstances indicate that the enumeration was not
The rule of casus omissus pro omisso habendus est states that a
intended to be exclusive.
person, object or thing omitted from an enumeration must be held
to have been omitted intentionally.
It should applied only as a means of discovering legislative intent
and should not be permitted to defeat the plainly indicated purpose Principle proceeds from a reasonable certainty that a particular
of the legislature.
person, object or thing has been omitted from a legislative
enumeration
It will not apply where the enumeration is by way of example or to
remove doubts only.
The rule does not apply where it is shown that the legislature did
not intend to exclude the person, thing, object from the
It will not apply in case a statute appears upon its face to limit the enumeration. If such legislative intent is clearly indicated, the court
operation of its provisions to particular persons or things by may supply the omission if to do so will carry out the clear intent of
enumerating them, but no reason exists why other persons or the legislature and will not do violence to its language.
things not so enumerated should not have been included and
manifest injustice will follow by not including them.
The rule may be disregarded of it will result to incongruities or a Casus omissus, conditions for application.
violation of the equal protection clause of the constitution,
35
-only if palpable and the omitted words are plainly indicated - The word ―may‖ will, as a rule, be construed as ―shall‖ where a
in the context or verifiable from other parts of the statute. statute provides for the doing of some act which is required by justice
or public duty, or where it vests a public body or officer with power
and authority to take such action which concerns the public interest
V. CONSTRUCTION OF WORDS AND PHRASES or rights of individuals.
“may”- permissive and operates to confer discretion Guingona V Carague, GR No. 94571, April 22, 1991
“shall” – imperative with a duty to enforce FACTS:
Use of the word “may” in the statute generally connotes a Congress earmarked 86 billion for debt servicing and 27 billion for
education. This was challenged s unconstitutional because Section 5,
permissible thing, and operates to confer discretion while the word
Article XIV of the 1987 Constitution says:
“shall” is imperative, operating to impose a duty which may be
“ The State shall assign the highest budgetary priority to education
enforced. xx”
upon a consideration of the entire provision in which it is found, its While it is true that it mandates Congress to assign the highest
budgetary priority to education, it does not follow that the hands of
object and consequences that would follow from construing it one way
Congress are so hamstrung as to deprive it the power to respond to
or the other. the imperatives of national interest and for the attainment of other
state policies or objectives.
- Depending upon a consideration of the entire provision, its nature,
its object, and the consequences that would follow from construing it The use of the word “shall” is not always mandatory, it may be
one way or the other, the convertibility of said terms either as construed as merely directory depending on legislative intent or when
mandatory or directory is a standard recourse in statutory the provision involved is not self-executing.
construction.
- It is well-settled that the word ―may‖ should be read as ―shall‖ Special or technical meaning.
where such construction is necessary to give effect to the apparent
intention of the legislature.
36
Words and phrases having technical or special meaning are construed
a choice of one among two or more things. It is also used to clarify
in their technical sense.
what has already been said, and in such cases, means “in other
This applies to terms with established trade, business, commercial or
words,” “to wit,” or “that is to say.” Disjunctive article indicating an
professional significance.
alternative.
Exception.
When intended otherwise by Congress or it defeats legislative intent. When used, the various members of the sentence are to be taken
jointly.
“Or” is a disjunctive particle used to express as alternative or to give Rules for language
37
The system of rules by which words are formed and put together to Words importing singular number may be extended to several
make sentences. persons or things. Unless it defeats legislative intent.
Grammar, limitation. May be corrected by the Court if it is necessary to carry out the
legislative intent.
Not conclusive if it defeats legislative intent.
Example:
Punctuation. A man wrote a book entitled “How to Change your Life”. He was
uncertain if it sells, since it appears predictable, as many other books
of similar theme were already published prior to it. To his surprise,
10 million copies were sold on the first week they were out in the
market. It turned out the title was inadvertently made “How to
Moreno v Comelec, GR No 168550, August 10, 2006 Change your Wife”.
Statutes expressed in the future may nevertheless be regarded as Revised Penal Code was approved in its Spanish text but translated
having present effect. to English. In case of doubt, the Spanish prevails.
Gender
The use of masculine gender does not preclude application to females. FACTS:
Where intent requires it.
Congress earmarked 86B for debt servicing and 27B for education.
This was challenged as unconstitutional because Section 5, Article XIV
of the Constitution says “Congress is mandated to assign the highest
Number
38
budgetary priority to education” in order to “ insure that teachings Intrinsic aids, enumerated.
will attract and retain its rightful share of the best available talents
through adequate remuneration and other means of job satisfaction
and fulfillment,” it does not thereby follow that Context
Self-executing provisions: does not need an enabling law Punctuation and capitalization
Title
Marginal notes
Preamble
Intrinsic aids, defined. Legislative definitions and interpretative clauses
In the printed page of the statute itself, you always see them within the face of the
statute
The term “intrinsic” means internal or within. Intrinsic aids, therefore, are those aids
Context
within the statute.
The text surrounding word or passage. Words phrases or passages that come before
Intrinsic aids are resorted to only if there is ambiguity. In resorting to intrinsic aids, and after a particular word or passage in a speech or piece of writing and help explain
its full meaning.
one must go back to the parts of the statute: the title, the preamble, context or body,
chapter and section headings, punctuation, and interpretation.
They must be taken as a whole and in relation to one another.
Reason for the rule: The statute is enacted as a whole and not in parts or sections.
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.
Purpose of the rule: To give proper emphasis to each provision and avoid giving undue
emphasis or effect to particular words, clauses, parts or group of words.
39
Punctuation, defined: Standardized non-alphabetical symbols or marks that are used
If context admits of two interpretations: The one which tends to give effect to the to organize writing into clauses, phrases, and sentences, and in this way make its
manifest object of the law should be adopted. meaning clear. Grammatical marks
Reason why construe the law in its entirety? Because the law was enacted also in its
Semicolon – separate words, more pronounced, more emphatic than coma
entirety and it is not a piece by piece legislation
Period – separates a sentence
Legislative intent should accordingly be ascertained from a consideration of the
whole context of the stature and not from an isolated part of particular provision Article VII, Section 16, 1987 Constitution
(Aboitiz Shipping Corp. v. City of Cebu).
“Section 16. The President shall nominate and, with the consent of the Commission on
The best source from which to ascertain the legislative intent is the statute itself – Appointments, appoint the heads of the executive departments, ambassadors, other
the words, phrases, sentences, sections, clauses, provisions – taken as a whole and in public ministers and consuls, or officers of the armed forces from the rank of colonel
relation to one another. (Commissioner of Internal Revenue v. TMX Sales) or naval captain, and other officers whose appointments are vested in him in this
Constitution. He shall also appoint all other officers whose appointments are not
Punctuation - aids of low degree and can never control the intelligible otherwise provided by law, and those whom he may be authorized by law to appoint.
meaning of written words; may be used to clear ambiguities. The Congress may, by law, vest the appointment of other officers lower in rank in the
President alone, in the courts, or in the heads of departments, agencies, commissions,
Punctuation marks are aids of low degree and can never control against the or boards.
intelligible meaning of written word. The reason is that punctuation marks are not The President shall have the power to make appointments during the recess
part of a stature; nor are they part of the English language (Feliciano v. Aquino). of the Congress, whether voluntary or compulsory, but such appointments shall be
effective only until disapproval by the Commission on Appointments or until the next
a. Semi-colon – indicates a separation in the relation of the thought, a degree adjournment of the Congress.
greater than that expressed by a comma. Makes the difference being that the
semi-colon makes the division a little more pronounced
b. Comma – also separates the parts and sentences, but less pronounced than CALDERON V CARALE, G.R. No. 91636, April 23, 1992
the comma.
c. Period – used to indicate the end of a sentence.
Capitalization - Also an aid of low degree in the construction of
Note: An argument based upon punctuation alone is not persuasive, and the courts statute.
will not hesitate to change the punctuation when necessary, to give the statute the
effect intended by the legislature.
40
Language or lingual text. May resolve doubts as to its proper construction by extending or restraining its
purview or by correcting an obvious error. In case of doubt, resort may be had to the
A. Philippine laws are officially promulgated either in:
title to determine legislative intent because it normally indicates it.
1) English
2) Spanish
3) Filipino
Limitation: Not controlling, if the body of the statute is free from ambiguity, no resort
4) Or either in two such languages
to the title. Need not be an index of contents of the law but it carries weight because
of the one title – one subject matter rule.
B. Rules:
(a) If text is in English and Spanish, English text shall govern.
(b) But in case of ambiguity, omission, or mistake, the Spanish text may be 1. It serves as aid in case of doubt in its language, to its construction and
consulted to express the English text. ascertaining legislative will.
(c) If statute is officially promulgated in Spanish, English or in Filipino with 2. Used by the court to clear the obscurity.
translations into other languages, the language in which it is written 3. An aid when there is doubt as to the meaning of the law.
(promulgated) prevails over its translation. Language of promulgation
prevails over language in translation.
(d) In the interpretation of a law administrative issuance promulgated in all WHEN THE TEXT OF THE STATUTE IS CLEAR AND FREE FROM DOUBT, IT IS
the official languages (Filipino), the English text shall control, unless IMPROPER TO RESORT TO ITS TITLE TO MAKE IT OBSCURE.
otherwise specifically provided. In case of ambiguity, omission or other
mistake, the other texts may be consulted. For consultation only, merely
persuasive, not binding, only in case of doubt. POE V COMELEC, G.R. No. 221697, March 8, 2016
Local ordinances should be translated in the vernacular (especially if it is penal in Chapter, article and section headings
character) because there is a requirement there so as not to violate due process so
that that it can be readily understood by the constituents and they cannot use it as a
defense that they did not understand what was being posted with regard to the law if
Head Notes or epigraphs – convenient index to the content of its
it is written or promulgated in English.
provisions.
Title. (b) They are not part of the law thus, they can never control the plain terms of the
41
enacting clauses.
1. That part of the statute written immediately after its title, which states the
purpose, reason or justification for the enactment of the law.
(c) When the text of the statute is clear and unambiguous, there is neither necessity 2. Expressed in the ‘Whereas clause’
nor propriety to resort to headings and epigraphs for the interpretations of the text. 3. Usually omitted in statutes made by the congress. In its place, these an aid
in legislative bodies used the explanatory note to explain the reasons for the
(d)These secondary aids may be consulted to remove, but not to create, doubt nor to enactment of statutes.
limit or control the plain language of the law. 4. Not an essential part of a statute.
(a) Thus, where the meaning of a statute is clear and unambiguous, the
Marginal notes preamble can neither expand nor restrict its operation, much less prevail
over its text.
Marginal notes and heading summarize the effect of sections of an Act where
(b) It cannot be used as basis for giving a statute a meaning not apparent on
the wording of either marginal notes or headings seem to have a contradictory
its face.
meaning to the wording of the main body of an Act, the wording of the main body of
an Act should be followed. Marginal notes and headings are inserted when Act goes 5. It may clarify ambiguities (thus it is the key of the statute)
for printing during its progress through Parliament; so are a little unreliable as an 6. It may express the legislative to make the law apply retroactively, in which
indication of Parliament’s will. case the law has to be given retroactive effect, so as to carry out such intent
(PNB v Office of the President)
These are existing aids from outside sources, meaning outside of the four corners of
the statute. If there is any doubt as to the meaning of the statute, the interpreter
Preamble, purpose: The key to the statute. To open the minds of the makers as to the
must first find that out within the statute.
mischiefs to be remedied and objectives to be accomplished by the provision of the
statute.
Extrinsic aids therefore are resorted to after exhausting all the available intrinsic aids
42
and still there remain some ambiguity in the statute. Resort to extrinsic aids, when.
Contemporaneous circumstances.
Extrinsic aids, enumerated.
Courts may resort to contemporaneous construction or that put upon it at the time
History or realities existing at the time of the passage of the law of its passage or soon afterwards and universally acquiesced in and acted upon.
Legislative proceedings
Changes in phraseology
Prior laws and judicial decisions Facts and circumstances existing at the time of, and leading to the enactment of the
Contemporaneous and construction statute such as:
Consequences of alternative interpretations
History of the times
Objects
Contemporaneous customs
Purpose
The state of the existing law
Expediency
Evils to be remedied
Occasion and necessity
Remedy provided
Remedy provided
Example: Riding in tandem ordinance wherein if you are looking from the
Conditions of the country to be affected
outside you can never understand the sense of banning two people riding in
And other extrinsic matters
43
a motorcycle, unless you know the contemporaneous circumstance that led WILL AND INTENTION OF THE LEGISLATURE THAN THAT WHICH IS
to the enactment of that particular enactment AFFORDED BY THE HISTORY OF
THE STATUTE.
WHERE A STATUTE IS SUSCEPTIBLE OF SEVERAL (g) Amendments and changes in phraseology it has
undergone
INTERPRETATIONS
OR WHERE THERE IS AMBIGUITY IN ITS before final approval.
LANGUAGE, THERE IS NO BETTER MEANS IF ASCERTAINING THE
44
B. If statute is a revision of prior statute, the latter‘s practical (b) Indicates the president’s thinking on the proposed legislation, which
application and judicial construction amendments it underwent and when enacted into law, follows his line of thinking.
contemporary events during the time of its enactment shall form
part of its legislative history. State of the Nation Address where president proposes legislative measures. Indicates
his line of thinking on the matter. Thus, courts may refer to the message of the
C. Foreign statute, history includes:
president to determine legislative intent because the statute was passed in response
to the president’s message
1. history of Anglo-American precedents or other foreign
sources
Explanatory note. –a short exposition of explanation accompanying a proposed
2. their practical application and the decision of the courts
legislation by its author or proponent. Contains:
construing and applying such precedents in the country of
origin. ¶a) Statement of the reason or purpose of the bill
¶b) Arguments advanced by its author in urging its passage
The SC traced back at least 3 laws prior to the enactment of that one WHERE THERE IS AMBIGUITY IN A STATUTE OR WHERE A STATUTE IS SUSCEPTIBLE OF
particular law which disqualified ER Ejercito as elected governor of Laguna. MORE THAN ONE INTERPRETATION, COURTS MAY RESORT TO THE EXPLANATORY
NOTE TO CLARIFY THE AMBIGUITY AND ASCERTAIN THE PURPOSE OR INTENT OF THE
The main question there was, “If you are a main contributor to the campaign
STATUTE.
funds for a particular candidate, is your contribution part of the computation to
determine if the particular candidate overspent his expenses in the elections?” And of Note:
course, the SC (there was no ambiguity, it was only contested by Ejercito) said that
(a) The explanatory not be used as basis for giving a statute a meaning that is
consistent in the 3 laws, in computing for campaign expenses donations from 3rd party
inconsistent with what is expressed in the text of the statute.
donors are included to check if that candidate has overspent or underspent.
(b) Explanatory note is only resorted to only for clarification in case of doubt,
and not where there is no ambiguity in the law.
(c) This is a mere expression of author’s views and reasons for the proposed
legislation and may not accordingly override the clear intent as expressed in
President’s message to legislature. the statute.
Reports of commissions
(1) Commissions – are usually formed to compile or collate all laws on a The opinion and views expressed by the legislators during floor deliberations of a bill
particular subject and to prepare the draft of the proposed code. may not be given weight at all in any of the following instances:
(2) Special commissions were created to draft the text of the RPC and Civil
(a) Where the circumstances indicating meaning of a statute other than
Code.
that expressed by the legislators
(b) Where the views expressed were conflicting
(c) Where the intent deducible from such views is not clear
Legislative debates, views and deliberations. (d) Where the statute involved is free from ambiguity
Useful in interpretation provided they show common agreement among the
members of the legislature as to the meaning of an ambiguous provision
WHERE TWO OR MORE STATUTES RELATING TO THE SAME SUBJECT MATTER WERE
ENACTED BY DIFFERENT ASSEMBLIES, NEITHER IS QUALIFIED TO SPEAK ABOUT THE
Look into the end result, find out what the intent INTENT OF THE OTHER.
Legislative debates, limitation. Illustrative case: POE VS COMELEC, G.R. No. 221697, March 8, 2016
Not safe guides to ascertain the meaning and purpose of the law. They express only
the views and opinions of the individual members of the legislature and do not Public Policy
necessarily reflect the view of Congress as a whole.
Policy which induced its enactment or which was designed to be promoted is a
Courts may avail themselves of the actual proceedings of the legislative body to proper subject for consideration.
assist in determining the construction of a statute of doubtful meaning. They may
46
Adopted statues
The general rule is that where local statues are 1. Rules and regulations
pattered after or copied from those of another country, the decision 2. Circulars
of the courts in such country construing those laws are entitled to 3. Directives
great weight in the interpretation of such local statues and will be 4. Opinions and rulings
generally followed if found reasonable and in harmony with justice,
public policy and other local statues on the subject.
Example of such
statues:
Executive construction, kinds.
RULE: An Amendment of a statute indicates a change in meaning 1. Construction by an executive or administrative officer directly called to
from that which the statute originally had. implement law which may be:
(a) Expressed (ex. Interpretation embodied in circulars, directive or
(a) corporation law
regulation)
(b) tax code
(b) Implied (a practice of enforcement of not applying the statute to certain
(c) labor laws
situtations)
(d) naturalization law
2. Construction by the Secretary of Justice in his capacity as the chief legal
(e) Rules of court
adviser of the government in the form of opinions. In the absence of the
Limitations of the rule:
where the local law and id the foreign ruling of a president, the opinions of Sec. of Justice is controlling among
statute from which the former was patterned differ in some material administrative and executive officials.
aspects
foreign construction is clearly erroneous or has not become 3. Interpretation handed down in and adversely proceeding in the form of a
settled
where the adopting state has given the statute its own ruling by an executive office exercising quasi-judicial power.
interpretation
Construction by executive officers. Note: In the absence of error or abuse of power or lack of jurisdiction or grave abuse
(Executive Construction) is the construction by an executive or administrative officer of discretion clearly conflicting with either the letter or the spirit of a legislative
directly called to implement the law. The opinions and rulings of officials of the enactment creating or changing a governmental agency, the action of the agency
government called upon to execute or implement administrative laws command would not be disturbed by the courts.
much respect and weight. An interpretation embodied in a circular, directive or
regulation is an expressed interpretation.
Reason why contemporaneous construction is given much weight: it comes from the
particular branch of government called upon to implement the law thus construed –
Construction by executive officers, forms. these same people are the drafters of the law they interpret.
Executive and administrative officers are generally the very first official to interpret
the law. These interpretations are in the form of: When to disregard Contemporaneous construction. CC is not binding upon the court.
The court may disregard it:
47
1. Where there is no ambiguity in the law • Example of expressed or implied
2. Where the construction is clearly erroneous • Example of expressed construction – circular, directive or regulation
3. Where strong reason to the contrary exists • Example of implied construction – non-enforcement in certain situations, or
4. Where the court has previously given the statue a different interpretation applying it in a particular manner
• It is interpretation by usage or practice
If there is a error in implementation of the law, such error may be corrected. The
doctrine of estoppel does not apply. Construction by the Secretary of Justice
Considered and given weight if uniform, consistent, observed and acted on for long • Construction by an executive officer exercising quasi-judicial power -It is in
period of time. the form of a ruling in an adversary proceeding
Opinions and rulings of officials tasked to enforce administrative laws command Legislative construction.
much respect and weight. The duty to enforce the law, which devolves upon the
Legslative interpretation – the legislature may provide an interpretation or
executive branch of the government necessarily calls for the interpretation of its
declaration clause in a statue but they cannot limit or restrict the power granted to
ambiguous provisions. Thus, executive and administrative officers are generally the
courts.
first officials to interpret the law, preparatory to its enforcement and such
interpretation comes in the form of rules and regulations, circulars, directives, 1. While legislative interpretation is not controlling, courts may resort to it to
opinions and rulings. clarify ambiguity in the language.
2. Such legislative interpretation is entitled of respect especially if the
executive department has similarly construed the statute.
Executive construction, kinds.
Legislative construction, form.
• Construction by an executive or administrative officer directly called to
• Indicated by the language of the later enactments
implement the law
• May be considered, but not controlling.
• May be expressed or implied
48
• 2. 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
Judicial Construction.
direct ruling.
A. The power and duty to interpret or construe a statue or the Constitution 3. Rulings that are merely sub silencio are merely OBITER DICTUM.
belongs to the judiciary. 4. This doctrine is not absolute because Supreme Court may change or
B. Supreme Court construes the applicable law in controversies which are ripe abandon a precedent enunciated by it.
for judicial resolution.
Doctrine of stare decises et non quieta movere.
C. Moot and Academic cases- cases wherein:
1. Purpose has become stale • One should follow precedents and should not disturb what has been settled
2. Where no practical relief can be granted
3. Which have no practical effect
D. The court may nonetheless resolve a moot case where public interest Doctrine of stare decisis, when applied.
requires its resolution.
• The ruling must be categorically stated on an issue expressly raised by the
E. Laws are not interpreted in a vacuum, they are always decided based on
parties on an issue expressly raised by the parties
facts. Thus, “LAWS ARE INTERPRETED ALWAYS IN THE CONTEXT OF THE
• Must be a direct ruling on substantially the same facts.
PECULIAR FACTUAL SITUATION OF EACH CASE. THE CIRCUMSTANCES 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 v NLRC)
OBITER DICTUM. –an opinion of the court upon some question of law which
Judicial construction
is not necessary to the decision of the case before it; not binding)
• A judicial decision interpreting a statute is considered in construing similar
Obiter dictum or obiter dicta
subsequent statutes
• “other things said”
• a passing comment, an observation made by a judge incidental to the case
Doctrine of STARE DECISIS. being tried
• while authoritative, is not binding on future courts under the doctrine of
1. Stare decisis et non quieta movere – one should follow past precedents and stare decisis
should not disturb what has been settled. • An opinion expressed by the court upon some question of law which is not
Reason for such doctrine: the supreme court has a duty not only of interpreting and necessary to the decision of the case before it
• It is not binding as a precedent
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.
Ratio decidendi or rationes decidendi.
49
• “The reasons for the decision” Illustrative case: ZARI V FLORES, 94 SCRA 319 (1979
• Principles used by a judge when deciding
Doctrine of implications and inferences.
obiter dictum & ratio decidendi, distinguished • It enables the court to draw inferences from legislative purpose and intent
• In such a way as to determine whether certain minor or specific things are
• Ratio decidendi – a binding precedent covered by the general or broad terms used in the statute
• Obiter dictum – a persuasive precedent
50
Illustrative case: Chua vs. Civil Service Commission, GR No. 88979, February 7, 1992 • She does not belong to any of the excluded employees, hence she is
included.
Facts:
Held:
• the Early Retirement and Voluntary Separation Law was enacted to
streamline and trim down the bloated bureaucracy • There is no substantial difference between contractual, casual and
• Section 2 states in part: emergency employees.
• “the benefits under this Act shall apply to all regular, temporary, casual, and • A co-terminous employee is non-career civil servant, just like casual and
emergency employees, regardless of age, who have rendered atleast a total emergency employees.
of two (2) consecutive years of government service as of the date of • It may be argued that Congress would not have specifically enumerated that
separation.” employees to be covered had not the intention been to restrict its meaning
• “Uniformed personnel of the Armed Forces of the Philippines including and confine its terms and benefits to the people expression unius est
those of the PC-INP are excluded from the coverage of this Act.” exclusion alterius.
• An employee of the National Irrigation Administration (NIA) applied to avail • It may also be argued that a person, object or thing omitted from an
of early retirement but it was denied. enumeration must be held to have been omitted intentionally
• Instead, she was offered separation benefits • Pursuant to the principle casus omissus pro omisso habendus est.
• She went to the Civil Service Commission (CSC) but it affirmed the decision • But adherace to these legal maxims results in incongruity and violates the
of NIA. equal protection clause of the Constitution.
• She moved to reconsider but was still denied. • The Maxim expression unius est exclusion alterius does not apply, but the
doctrine of necessary implication
Contention of the CSC:
• It says every statute is understood, by implication, to contain all such
• The employment is co-terminous with a project, which is contractual in provisions as may be necessary to effectuate its object and purpose, or to
nature. make effective rights, powers, privileges or jurisdiction which it grants,
• As such, she is not one of those enumerated in the law, namely, regular, including all such collateral and subsidiary consequences as may be fairly
temporary, casual, and emergency employees. and logically inferred from its terms.
• Thus, she is not covered by the law pursuant to the statutory construction • the denial of the application is unreasonable, unjustified and oppressive.
principle of expression unius est exclusion alterius. • The application should be granted in the interest of substantial justice, after
• The objective of the Separation Law is not really to grant separation or all, the employee served form almost 15 years.
retirement benefits but reorganization to streamline government functions.
• Section 100(c)2 of the Local Government Code provides: The courts may properly rely on presumptions as to legislative intent to resolve
• “the annual school board budget shall give priority to the following: x x x doubts as to its correct interpretation.
• Establishment and maintenance of extension classes where necessary;”
• The legal maxim “expressio unius est exclusion alterius” applies
• Since salaries, personnel-related benefits and scholarship grants are not Presumptions, basis.
among those authorized as lawful expenditures of the SEF under the Local
• Logic, experience and common sense.
Governement Code, they should be deemed excluded.
Held:
Presumptions, when applied.
• The contention of CoA is without merit
• It is an elementary rule in statutory construction that legislative intent • When there is doubt as to legislative intent
controls interpretation of a statute. • And such doubt should be resolved in favor of that construction which is in
• Under the doctrine of necessary implication, the authority to open accord with the presumption on the matter
extension classes chargeable against the SEF logically includes hiring of
teachers and payment of their salaries and other benefits, even if hiring and
payment were not specifically mentioned in the law. Presumptions, examples.
• The service and salaries of these teachers are necessary and indispensable
to establish and maintain extension classes. • Congress acted within the scope of its authority
• Every statute is understood, by implication, to contain all such provisions • Against violation of international law
as may be necessary to effectuate its object and purpose, • Against extra-territorial operation of statutes
• Or to make effective rights, powers, privileges or jurisdiction which it grants, • Against unconstitutionality
including all such collateral and subsidiary consequences as may be fairly • Against extra-territorial operation of statutes
and logically inferred from its terms. • Against unconstitutionality
• But a scholarship grant is neither necessary not indispensable to the • Against inconsistency, injustice
operation and maintenance of public schools. • Motive of Congress
• In favor of beneficial operation of statutes
52
• Against inconvenience, absurdity, and ineffectiveness of statutes
• As to public policy
• Against irrepealable laws, repeal, unnecessary changes in the laws, implied
repeals
• Acquiescence to judicial construction
• As to existing laws
• As to jurisdiction of courts
53
• Without impairing the obligations of contract
• Because it normally provides that it is subject to amendment or repeal by
Congress
54
Amendment, when effective.
• Jurisdiction over the subject matter is determined by the law in force at the
Amendment, how construed. time
• Of commencement of action
A statute and its amendment should be read together as a whole.
• Once acquired, it cannot be divested by amendatory Act and stays until
The amended Act is regarded as if the statute has been originally enacted in its decided
amended form and the amendment becomes part of the original statute. • Unless: express prohibitive words or words of similar import are used
• it applies to quasi-judicial bodies
Example: if the exception is deleted, it means that it is now included in the scope of • Facts: erectors recruited an Overseas Filipino Worker (OFW) to work as
the general term. service contract driver in Saudi Arabia for 1 year with a salary of $165 and
allowance of $165 a month plus $1,000 renewal bonus.
• But it was not implemented because the position of service driver was no
Amendment, how it operates. longer available.
• Thus, they executed another 1 year contract, but for the position of helper/
• General rule: amendatory Acts operate prospectively laborer with a salary of $105 and allowance of $105 monthly.
• Except: contrary is provided or implied • The OFW returned to the country and invoked his first contract, demanding
• Condition: No vested rights or obligation of contracts is impaired for the difference in his salary and allowance plus contractual bonus for not
availing of his vacation or home leave credits
• But this was denied by Erectors.
Amendment, effect on vested rights. • On March 31, 1982, the OFW filed with the Labor Arbiter a complaint
against Erectors for underpayment of wages and non-payement of overtime
• Does not affect vested rights pay and contractual bonus.
• Because it takes effect prospectively • On May 1, 1982 however, while the case was still in conciliation stage, E.O.
No. 797 creating the Philippine Overseas Employment Administration
(POEA) took effect.
55
• It vested the POEA with “exclusive and original jurisdiction over all cases, otherwise be void for want of conformity with certain existing legal
including money claims, involving employer-employee realtions arising out requirements.
of or by virtue of any law or contract involving Filipino workers for overseas • E.O. 797 is not a curative statute. It was not intended to remedy any defect
employment.” in the law.
• Despite E.O. 797, the Labor Arbiter heard the case and decided in favor of • It should thus be applied prospectively and should not affect jurisdiction
the OFW. over cases filed prior to its efficacy.
• Erectors appealed to thre NLRC but was denied, hence this petition for
special civil action for certiorari. • Erectors, Inc. Vs. NLRC
• Contention of erectors: E.O. 797 divested the Labor Arbiter of jurisdiction • Facts: A money claim arising out of overseas employment contract (OEC)
over cases arising from overseas employment contract. was filed by an overseas Filipino worker with the Labor Arbiter.
• It applies retroactively to affect pending cases pursuant to the ruling in Briad • During pendency of the case however, a law was passed transferring
Agro Development Corp vs. Dela Cerna. jurisdiction over money claims arising out of OEC from the Labor Arbiter to
• Held: E.O. 797 did not divest the Labor Arbiter with jurisdiction claims the POEA.
arising from overseas employment contract.
Held: Jurisdiction is determined by the law at the time of commencement of action.
• Jurisdiction over the subject matter is determined by the law at the time of
Once acquired, court proceeds to hear and decide. It is not divested by subsequent
the commencement of the action.
• Prior to the efficacy of E.O. 797, the laws in force were P.D. Nos. 1691 and amendatory act unless it expressly provides or is curative statute which may be given
1391 which vested the Labor Arbiter with original and exclusive jurisdiction retroactive effect
over these cases.
• Laws should be applied prospectively unless the legislative intent to give
them retroactive effect is expressly declared or is necessarily implied from Effect of nullity of prior or amendatory act.
the language used.
• The reliance on the ruling in Briad Agro Development Corp vs. Dela Cerna is • If the prior Act is declared invalid, the amendatory Act is also invalid
misplaced. • If the amendatory Act is invalid, the prior Act stays
• In that case, E.O. 111 amended Article 217 of the Labor Code to widen the
workers’ access to the government for redress of griecances by giving the
regional directors and labor arbiters concurrent jurisdiction over money Revision, defined.
claims.
• Intends to re-examine the whole law, or of certain provisions which have
• This amendment however crewated a situation where their jurisdiction
over-all implications for the entire law
overlapped.
• As a remedy, R.A. 6715 delineated their respective jurisdiction.
• As such, E.O. 111 and R.A. 6715 are curative statutes which retroactive
application is an exception to the general rule on prospective application of Amendment and revision, distinguished.
laws.
• Amendment alters one or a few specific and separable provisions whereas
• Curative statutes are enacted to cure the defects in a prior law or to validate revision overhauls the entire law
legal proceedings, instruments or acts of public authorities which would
56
sickness incurred in the performance of duty but it was denied by the
Commission on Audit (CoA).
Codification, defined. • Contention of CoA: Section 699 of the RAC was omitted in the
• Enactment of various laws on the same subject matter into a single, Administrative Code of 1987 hence deemed repealed.
comprehensive statute • Contention of CoA: Allowing Section 699 to remain in force argues against
• It is to be considered as such and not as a series of disconnected articles or the Adminstrative Code of 1987 itself which wheras clause says:
provisions • “the effectiveness of the Government will be enhanced by a new
Administrative Code which incorporate in a unified document the major
structural, functional and procedural principles and rules of governance.”
• In effect, what is contemplated is only one code, the Administrative Code of
Revision and codification, purpose.
1987.
• To restate into one statute • Held: Section 699 of the Revised Administrative Code of 1987.
• Similar subject found in various laws • Held: The repealing clause of the Administrative Code of 1987 says:
• Simplify complicated provisions • “All laws, decrees, orders, rules and regulations, or portions thereof,
• And make them accessible and easily found inconsistent with this Code are hereby repealed or modified accordingly.”
• Since it did not specify the title or number of the law sought to be repeal,
which has two categories.
• One is where the provisions of the two laws on the same subject matter are
Revision and codification, effects.
irreconcilable.
• Insertion of new provisions – does not alter the construction of previous • The other is where the enactment of a statute revising or codifying the
Acts unless otherwise clearly intended former laws on the whole subject matter.
• Omission of old provisions – deemed repealed, unless the statute or code • But the second category is possible only if:
provides, expressly or impliedly • The revised statute or code was intended to cover the whole subject to be a
• But, the repeal by revision or codification of former laws is possible only if complete and perfect system in itself
the revised statute or code was intended to cover and perfect system itself • It revises the whole subject matter of the statute
• When both intent and scope clearly evince the idea of repeal, all omitted • Both intent and scope evince the idea of repeal
parts are deemed repealed. • It is clear intent of the legislature to substitute the prior Act.
• The Administrative Code of 1987 does not fall under this category, because
MECANO v COMISSION ON AUDIT, 216 SCRA 500 (1992)
the intent is clear that it covers the aspects of administration organization
Illustrative case: Mecano vs. Commission on Audit, 216 SCRA 500 (1992) and procedure only.
• It also does not fall under the first category because there is no
• Facts: An NBI Director was confined for cholecystitis which coset him irreconcilable conflict between the provisions of both laws.
hospital and medical expenses the he wants to be reimbursed. • Lastly, implied repeal is not favored.
• He based his claim on Section 699 of the Revised Adminstrative Code (RAC) • The presumption is against repugnancy or inconsistency because the
of 1917 which affords civil servants allowances in case of injusry, death, or legislature is presumed to know the existing laws on the subject and not to
have enacted inconsistent or conflicting statues.
57
• Thus, even if Section 699 of the Revised Administrative Code of1917 was
omitted in the Administrative Code of 1987, it remains in force in the
absence of irreconcilable inconsistency, apart from the fact that it was not Rearrangement of sections
specifically identified for repeal. Rearrangement of sections – does not change the operation, effect or meaning of
statute unless changes are of such nature as to clearly manifest legislative intent to
change old laws
Held: Mere omission of a probision in the subsequent law does not result in
amendment or repeal unless it expressly provided. Repeal, who has authority.
• Otherwise, it is deemed an implied repeal which may either be due to • The legislature, subject to constitutional limitations
irreconcilable differences between the prior and subsequent law or the • Section 1, Article VI, the Legislative Department, 1987 Constitution.
enactment of a subsequent law revising or codifying the old laws is intended • “The legislative power shall be vested in the Congress of the Philippines
to cover the whole subject to be a complete and perfect system in itself. which shall consist of a Senate and a House of Representatives, except to
the extent reserved to the people by the provision on initiative and
referendum.”
Change in phraseology
Constitutional prohibition against passage of irrepealable laws.
Change in phraseology – mere change in phraseology does not imply that the
lawmakers intended to change the construction of the old laws • Except to the extent reserved to the people by the provision on initiative
and referendum.
• Non-delegability of legislative power
General Rule: neither change in phraseology nor omission or addition of words alters • Prohibition against enactment of irrepealable laws
the construction of former Acts • They are not found in the text of the Constitution because the are mere
corollaries in the nature of implied substantive limitations.
Except: if intent to change the construction is very clear, especially if the change or
omission is material as to indicate intent to depart from the previous construction of CITY OF DAVAO v RTC, GR No. 127383, August 18, 2005
the old laws Illustrative case: City of Davoa vs. RTC, G.R. No. 127383, August 18, 2005.
59
• Laws are repealed only by the enactment of subsequent laws, not by • Facts: the members of the Provincial Board of Canvassers were convicted of
violation, non-observance, disuse of customs and contrary practice. the election offense under Section 231 of the Omnibus Election Code (OEC).
• This after they proclaimed the losing candidate as eighth elected board
member.
• Contention of the canvassers:
• The election offense for which they were convicted is repealed by R.A. 6646
Repeal by implication, conditions. and R.A. 7166 which amended the OEC by deleting or adding certain
provisions.
• There must be sufficient revelation of the intent to repeal, which must be
• Paragraph 2, Section 231 of the OEC states:
very clear.
• “The respective board of canvassers shall prepare a certificate of canvassers
shall prepare a certificate of canvass duly signed and affixed with the
imprint of the thumb of the right hand of each member, supported by a
Repeal by implication, categories or modes. statement of the votes and received by each candidate in each polling place
• Irreconcilable conflict between provisions of two Acts. and, on the basis thereof, shall proclaim as elected the candidtates who
• Conditions: two statutes cover the same subject matter and object obtained the highest number of votes cast in the province, city municipality
or barangay. Failure to comply with this requirement shall constitute an
• Clearly inconsistent and incompatible with each other
election offence.”
• That they cannot be harmonized
• This was modified by Section 28 of R.A. 7166 by removing the specific
• Both cannot be given effect
manned by which the winning candidates are proclaimed.
• That is, that one law cannot be enforced without nullifying the other
• Thus, it repealed the second paragraph, Section 231 of the OEC under which
they were convicted.
• Held: Sec. 231 was not expressly repealed by the amending and repealing
Repeal by implication, categories or modes.
clause of R.A. 7166 which says:
• If the subsequent Act covers the whole subject of the prior Act and is • “Sec. 39. Amending and Repealing Clause. – Sections 107, 108 and 245 of
clearly intended as a substitute the Omnibus Election Code are hereby repealed. x x x
• Of the same subject matter but different objects, the two laws can stand • x x x Likewise, the inclusion in Section 262 of the Omnibus Election Code of
together, although they refer to the same subject matter the violations of Sections 105, 106, 107, 108, 109, 110, 111 and 112 as
among election offenses is also hereby repealed. This repeal shall have
retroactive effect.”
• Neither is there implied repeal
• While Sec. 231 of the OEC and Sec. 28 of R.A. 7166 pertains to the
ILLUSTRATIVE CASES: canvassing by the Board of Canvassers, this fact along is not sufficient to
cause an implied repeal.
• While the two provisions differ in terms, neither is this fact sufficient to
Aguejetas vs. CA, 261 SCRA 17 (1996) cause repugnance.
60
• In order to effect implied repeal, the two statutes must be so irreconcilably including preventive suspension against local officials, is now vested with
repugnant and inconsistent with each other. the Office of the President (OP).
• Under Secs.61 and 63 of the LGC, the OP, not the Office of the Ombudsman,
has jurisdiction over administrative complaints against any elective official
The following standard of irreconcilability resulting in implied repeal must be of a province, highly urbanized city or independent component city.
satisfied: • Contention of complainants:
• The LGC could not have repealed, abrogated or otherwise modified the
1. Both laws deal with thew same subject matter pertinent provisions of the power to investigate cases against elective local
2. The latter law must be inconsistent with the earlier law. officials.
3. Repugnancy is clear and convincing in character. • The power of the Ombudsman to investigate local officials under the
4. The language used in the latter must be such that as to render it Ombudsman Act is unaffected by the provisions of LGC.
irreconcilable with the prior law. • But the Deputy Ombudsman denied the motion to dismiss and even placed
mayor Ouano and other respondents under preventive suspension.
• Mayor Ouano and other respondents petitioned to prohibit and restrain the
An inconsistency that fally short of this standard does not suffice because implied Deputy Ombudsman before the Regional Trial Court of Mandaue City which
repeal is not favored. granted it.
• The respondent judge applied the rule of statutory construction that
endeavor to harmonize two laws to make each effective.
The presumption is against inconsistency and accordingly, against implied repeal • Since the investigatory power of the Ombudsman Act is general, broad and
because Congress is presumed to know the existing laws on the same subject and not vague as opposed to the LGC which provides for well defined
to enact inconsistent statutes. • And specific grounds for administrative disciplinary action, the LGC could be
considered an exception to the authority and administrative power of the
Ombudsman to investigate local elective officials.
Hagad vs. Gozo-Dadole, 251 SCRA 241 (1995) • Issue: whether the authority of the Ombudsman to investigate local elective
officials under the ombudsman act of 1989 has been divested by virtue of
• Facts: Criminal and administrative complaint were filed against Mayor the subsequent enactment of the LGC of 1991.
Alfredo Ouano and other members of the Sanguniang Panglungsod (SP) • held: the petition is meritorious.
with the office of the Deputy Ombudsman for the Visayas for violation of • Sec. 21 of the Ombudsman Act says:
the Revised Penal Code and R.A. 6713. • ???
• the complainants moved to preventively suspend Mayor Ouano and other • Sec. 24 grants the Ombudsman authority to “preventively suspend any
respondents. officer or employee under his authority pending an investigation x x x”
• Mayor Ouano opposed the motion ad moved to dismiss the complaint. • Whereas Sec. 61(a) of the LGC provides:
• Contention of Mayor Ouano and other respondents: • “A complaint against any elective official of a province, a highly urbanized
• The Deputy Ombudsman is without jurisdiction to try, hear and decide the city, an independent component city or component city shall be filed before
administrative complaint. the Office of the President.”
• They argued that under Section 63 of the Local Government Code of 1991
(LGC), the power to investigate and impose administrative sanctions,
61
• Thus, respondent insist that conformably with Sec. 63(b), preventive • Both laws refer to barangay officials elected on the second Monday of May
suspension can only be imposed by the President if the respondent is an 1994
official of a province, highly urbanized city or an independent component • There being irreconcilable inconsistency between the two laws, implied
city. repeal applies.
• Contention of the Solicitor-General: • While it is true that R.A. 6679 is a special law and should prevail pursuant to
• While the LGC may have conferred on the OP disciplinary authority over the doctrine of generalia specialibus non derogant, the LGC is not
local elective officials, it is not exclusive. necessarily a general law.
• The LGC did not withdraw the power of the Ombudsman to investigate local • The LGC is a codified set of laws that specifically applies to local government
elective officials vested by the Ombudsman Act conformable with a units.
constitutional mandate. • Section 43(c) specifically fixes the term of office of elective barangay
• Indeed, the SC said, there is nothing in the LGC to indicate that it repealed, officials at 3 years, a special provision that applies only to those elected on
expressly or impliedly, the Ombudsman Act. the second Monday of May 1994.
• The two statutes on the specific matter in question are not so inconsistent • The Constitution did not expressly prohibit Congress from fisixng any term
or irreconcilable. of office for barabgay officials.
• Two laws on the same subject matter, which prevails. • It merely left the determination of such term to the full discretion of the
• Between two irreconcilably inconsistent laws, the subsequent law prevails law-making body in accordance with the exigencies of public service.
because it is the latest expression of legislative will, and Congress is • To strike down a law as unconstitutional, there must be a clear and
presumed to know the earlier law. unequivocal showing that what the Constitution prohibits, the statute
• Legis posteriors priores contrarias abrogant – subsequent statute repeals permits.
earlier law repugnant to it. • They miserably failed to discharge this burden to show clearly the
unconstitutionality they aver.
Illustrative case: David vs. Comelec, G.R. No. 127116, April 8, 1997
Mecano v COA
62
Between two irreconcilably inconsistent laws, the subsequent law prevails because it • It cannot be invoked where the language of the law is clear and
is the latest expression of legislative will, and Congress is presumed to know the unambiguous.
earlier law. • It does not apply to private acts and is highly disfavored.
• To carry out the full legislative intent by giving effect to all laws and
provisions on the same subject matter. Effects of repeal and expiration of law, distinction.
In pari material rule, limitation.
• In absolute repeal, the crime is obliterated, thus the stigma of conviction is
erased whereas the expiration of law does not have that effect.
63
• Once jurisdiction is acquired, it proceeds unless the repealing acts says Repeal, effect on penal laws.
otherwise.
Example: the absolute repeal of the Anti-Subversion Act entitles the accused to the
• But if the action was filed after the repealing act divesting jurisdiction and
dismissal of the case against him as the offense no longer exost and the court is
the decision is null and void.
deprived of jurisdiction.
Reason: the legislative intent is to legalize what has been decreed as illegal.
Repeal, effect on jurisdiction to try criminal cases.
Except: if the repealing act re-enacts the statute and penalizes the same act, even if
• Same rule applies. But with added exception express prohibitive words are the penalty is lower
used or criminal law violated is repealed.
The repealing act contains a saving clause that pending cases are not affected.
Repeal, effect on actions, pending or otherwise.
• Defeats all actions and proceedings, including those pending and pending
Repeal, effect on municipal charter.
appeal, arising out of or based on the statute.
• Abolishes all offices under the old charter.
• Thus, conversion of a municipality to a city abolishes all municipal positions
Repeal, effect on vested rights. unless otherwise provided.
Repeal, effect on contracts. • When the repealing law expressly repealing a prior law is itself repealed, the
prior law is not revived unless otherwise provided.
• Does not affect the terms of contract, nor impair the rights of parties. • When the repealing law expressly repealing a prior law is declared
• It applies even if the other contracting party is the government. unconstitutional, the prior law remains in force.
• Does not preclude collection of taxes assessed prior to the repeal, unless Proviso, defined.
otherwise provided.
• Condition precedent. Generally introduced by the word “provided:”
• It is a clause on a preceding enactment to restrain or modify the enacting
clause, or of excepting something from its operation which otherwise would
have been without it, or of excluding some possible ground of
64
misinterpretation of it, as by extending it to cases not intended by the • To preserve something, as existing rights or causes of action or pending
legislature to be brought within its prurview. proceedings, from immediate interference by operation of a statute.
• To create a condition precedent, to exempt, limit, restrict or qualify a • Inoperative if entirely inconsistent with the purview of the law.
statute, in whole or in part.
• To limit the application of the law, and not to enlarge it s operation
IX. CONSTRUCTION OF CONSTITUTION
• Enumeration of what should not be covered by the general rule. It is a written instrument where fundamental powers of the government are
established , limited and defined, distributed among several departments for their
safe and useful exercise for the benefit of the body politic.
Exception and proviso, distinguished. Constitutional construction, primary purpose.
• Exceptions exempts while proviso sets conditions. To determine the intent of the framers as expressed in the language to assure its
realization.
Liberally or strictly? Liberally, to accomplish its high objectives and carry out general
Saving clause, purpose.
principles of government.
65
Is there an exception to liberal construction? Yes where it grants governmental Which is? It refers to those whose catch yields are just enough for their livelihood or
powers in derogation of the inherent and natural rights of the people. subsistence.
So, can we say it may be construed either way? Yes, since constitutional construction Ordillo v Commission on Elections, 192 SCRA 100 (1992)
is a question of intention.
What are the facts of the case?
Should we construe the Constitution according to the previling circumstances? No, it
Congress enacted RA 6766, an organic act for the Cordillera Autonomous Region
should be construed uniformly. It should not change together with the fluctuations
(CAR) to be composed of the provinces of Benguet, Mountain Province, Ifugao, Abra,
of public sentiment.
Kalinga- Apayao and the City of Baguio. But it was overwhelmingly rejected by the
Amendments to Constitution, how construed. people in a plebiscite called for the purpose, except for the province of Ifugao. Thus,
Comelec resolved that the CAR was approved only by the people in Ifugao province.
They should be harmonized with the existing provions.
Thus, Congress set the date of election. The keywords provinces, cities, municipalities
What if they cannot harmonized, which prevails, the existing provisions or the an geographical areas connote that “region” means two or more provinces. It should
amendment? be construed according to its common use and ordinary meaning. The 13 regions into
which the country is divided for administrative purposes are groupings of contiguous
• The amendent prevails. provinces.
Language of Constitution, how construed. What about he provisions in RA 6766, do they reveal what is contemplated by the
• They should be construed in their common use and ordinary meaning. term “region”?
• Except? When technical terms are used YES, Section 2 contemplates development of provinces cities, municipalities whereas
• Why are they construed in their ordinary meaning? Section 4 contemplates regional assembly districts
The Constitution is not primarily a lawyer’s document. It is the expression of
the sovereign will of the people. What is your one-liner for this case?
Words in the Constitution should be understood in their common use and ordinary
meaning, thus, the term ”region” as ordinarily used in the 13 regions in the country
Illustrative provision: refers to groupings of contiguous provinces.
Section 7, Article XIII of the Constitution says: The keyword provinces, cities, municipalities and geographical areas connote that
“region” means two or more provinces.
“the State shall protect the rights of subsistence fishermen, especially of
local communities, to the preferential use of the communal marine and fishing
resources, both inland and offshore”
Between words with restricted and general meanings, which prevail.
How do you construe the phrase “subsistence fishermen”? It should be construed in
its ordinary meaning The general meaning prevails
Except?
66
If the context indicates that the limited sense is intended. 4. Prior laws and judicial decisions
5. Construction of US Constitutional provisions
What is the reason for this rule?
6. Contemporaneous construction and writings
The Constitution is an organic law that deals with broader subjects 7. Consequences of alternative construction
8. Construction given by executive officers
What are the criticisms against the 1987 Constitution?
67
Montejo, who is the representative of the first district of claimed that the transfer of of cutting up areas or spheres of influence; in other words, gerrymandering. This
municipalities resulted in inequitable distribution of inhabitants and voters and Commission, being nonpartisan, a nonpolitical deliberative body is in the best
violates the equality of representation ordained in the Constitution. He said that the possible situation under the circumstances to undertake that responsibility.XXX”
first district has 178k voters whereas the second district has 156k voters or a
“ MR. OPLE. Xxx We know that the reapportionment of provinces and cities for the
difference of 22k voters.
purpose of redistricting is generally inherent in the constituent power or in the
What did he want the COMELEC to do then? legislative power. Xxx”
He wanted the COMELEC to transfer Tolosa, which had 7k, from the first to the “Mr. SARMIENTO. May I move that this Commission do the reapportionment of
second district. legislative districts.”
How did the Comelec defend its resolution? How did the Constitutional Commission vote?
Its adjustment of municipalities involved the least disruption of the territorial The results show 30 votes in favor and none against; the motion is approved.”
composition of each district.
But what is the extent of authority granted to Comelec the phrase “minor
IT complied with the constitutional requirement that each legislative district shall adjustments” in Section 2 of the appended Ordinance?
comprise, as far as practicable, contiguous, compact and adjacent territory.
The Constitutional Commission deliberation show that it is limited to those omitted:
Section 2 of the Ordinance appended to the Constitution authorizes it to make minor
“MR.DAVIDE.xxxThe authority conferred would be on minor corrections or
adjustments in redistricting.
amendments, meaning to say, for instance, that we may have forgotten an
How did the Supreme Court resolve the issue? intervening municipality in the enumeration, which ought to be included in one
district. That we shall consider a minor amendment.”
From the debates and interpellations of the Constitutional Commission. “MR. DE CASTRO. So the minor adjustment which the Comelec cannot do is that, if,
for example, my municipality is in the first district of Laguna, they cannot put that in
The question of who has authority to apportion legislative districts is clearly any other district.”
answered in the following deliberations:
“MR. DAVIDE. That is not even a minor correction. It is a substantive one.”
“MS . AQUINO. I have to object to the provision which will give mandate to the
COMELEC to do the redistricting. Redistricting is vitally linked to the baneful practices
68
What is the value of changes in phraseology as an extrinsic aid?
It may be inquired into to ascertain the intent of the provision as finally approved. Marcelino v Cruz, GR No. 42428, March 18, 1983. 121 SCRA 51
No, as it may have been omitted to avoid superfluity. Petitioner was charged with the crime of rape. ON August 4, 1975, he rested his case.
On September 4, 1975, he submitted his Memorandum. On November 28, 1975, the
Example:
Judge submitted with the Deputy Clerk of Court his decision for promulgation.
“no person shall be compelled in a criminal case to be a witness against himself” Notices of promulgation were sent to all parties involved.
was changed to “no person shall be compelled to be a witness against himself”.
What was the ground for resting?
What is the intent why the phrase “in a criminal case” was omitted?
The trial court lost jurisdiction over the case for failure to decide the case within 90
The intent is to make it available in cases other than criminal. days from date of submission for resolution. The 3-month period prescribed by
Section 11 (1) of Article X of the 1973 Constitution, being a constitutional directive, is
Why are prior laws and judicial decisions considered extrinsic aids? mandatory in character. Section 11(1) of Article X says:
The Constitution is written in reference to existing statutory laws at the time. “Upon the effectivity of this Constitution, the maximum period within which a case
Why is the construction by the US Supreme Court of the US Constitutional or matter shall be decided or resolved from the date of its submission, shall be
provisions available as extrinsic aids? eighteen months for the Supreme Court, and, unless reduced by the Supreme Court,
twelve months for all inferior collegiate courts, and three months for all other
Most provisions on police power, eminent domain, taxation and bill of rights were inferior courts,”
taken or patterned after the US Constitution.
Article VIII, Section 15 (1) of the 1987 Constitution says:
When do we apply contemporaneous construction?
“All cases or matters filed after the effectivity of this Constitution must be decided or
When there is substantial doubt and ambiguity resolved within twenty-four months from the date of submission for the Supreme
Court, and unless reduced by the Supreme Court, twelve months for all lower
What is the value of the writings of Constitutional Convention delegates as
collegiate courts and three months for all other lower courts.
extrinsic aid?
How did the Supreme Court resolve the issue of timeliness?
They have persuasive effect.
The case was submitted for decision on September 4, 1975 and the Judge rendered
What happens when a constitutional provision is susceptible of more than one
his decision on November 28,1975 hence only 85 days have lapsed.
interpretation?
How did the Supreme Court construe the constitutional provision prescribing time
That construction which leads to absurd, impossible or mischievous circumstances
to decide?
must be rejected.
It was construed as merely directory.
69
Why? What are the exceptions?
To make it mandatory would make judges lose jurisdiction over the cases if they fail • If expressly provided
to decide on time, which consequence will cause greater injury to the public. • By necessary implication
• A different intention is manifested
Does it follow that litigants are powerless if the judge delays to resolve cases?
Why are they generally mandatory?
Not necessarily, the judge may be administratively liable.
It is the sovereign itself that speaks, laying down rules which for the time being
What is your one-liner for this case?
control both the government and the governed.
Constitutional provisions are to be construed as mandatory, unless by express
To hold that any of the constitutional provisions is to be obeyed or disregarded at the
provision or by necessary implication, a different intention is manifest, or if they
will or pleasure of the legislature is a dangerous doctrine.
relate merely to matter of procedure.
It lowers the dignity befitting the fundamental law of the land.
They may furnish evidence of the meaning and intention of the Constitution, but
How do we know that a provision relates to matter of procedure?
they are given little weight.
When the time prescribed to decide a case was incorporated for reasons of
expediency, it is deemed merely procedural.
Constitutional prohibitions(?) , how construed.
Why is construction made by executive officers given weight?
How are constitutional provisions construed?
Because they are the first to interpret the law.
They are construed positively and unequivocally.
IS there a condition before it is given weight?
Constitutional grant of power, how construed.
Yes, provided that it has been construed for a considerable period of time.
How is constitutional grant of power construed?
It is one which is complete by itself and becomes operative without the aid of
supplementary or enabling legislation or which supplies sufficient rule by means of
which the right it grants may be enjoyed or protected.
Generally, they are, except when the provision expressly requires enabling law to
implement it or from the language or tenure, they are mere declarations of policies
and principles.
71