Professional Documents
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Stat Con
Stat Con
College of Law
STATUTORY COSTRUCTION
COURSE OUTLINE WITH CASES
2. Prospective operation of laws (Art. 4, Civil Code) CASE: Estrada vs. Caseda, 84 Phil 791 (1949)
Art. 4, CC; “Laws shall have no retroactive effect, 1.) WoN Commonwealth Act No. 689 has been given
unless the contrary is provided. retroactive effect by the amendment done in RA. No.
66?
a. No effect on pending actions
b. Exception to prospectivity a.) NO. Commonwealth Act No. 689, as
i. If the laws themselves expressly provide for amended by Republic Act No. 66, cannot be
their retroactivity (Art. 4, CC) given retroactive effect. The provision of Republic
ii. If the aws are REMEDIAL IN NATURE. Act No. 66 amending section 14 of
iii. If the statute is PENAL IN NATURE, Commonwealth Act No. 689, related back to, and
provided: should be computed from the date of the
a.) It is FAVORABLE TO THE approval of the amended act, that is October 15,
ACCUSED 1945. The period as thus construed expired on
b.) The accused is NOT A October 15, 1949.
HABITUAL DELINQUENT or
RECIDIVIST b.) Where a statute which provide that it shall be
iv. If the laws are of an EMERGENCY NATURE in force for a given period after its approval, the
and authorized by the POLICE POWER of set period shall be counted from the date the
the state. original statute has been approved and not from
v. if the law is CURATIVE IN NATURE. the date the amendatory act was given effect.
(necessarily retroactive for the precise purpose
to cure errors or irregularities) 2.) 3 Instances when a lessor can occupy a
leased property, notwithstanding consent of the
CASE: Resident Marine Mammals v. Reyes, lessee:
G.R. No. 180771, April 21, 2015 i. Willful & deliberate non-payment of rents by the
lessee;
1.) the case involves the JAPEX Exploration on ii. Lessor, himself, has to occupy the property
Tanon Strait from the period of 2002 – 2007. being leased; and
2.) as of 2007 Tanon Strait has been declared a iii. Lessee has subleased the property w/o written
protected sea scape in the Philippines. consent of the proprietor.
3.) A procedural issue has risen: There is no
general rule for service contracts. 4. Operation of amendments
4.) A challenge on the locus standi of the a. Generally, prospective
advocates was raised, and addressed – [GR] An amendment will not be construed as
Anybody can avail locus standi for cases having retroactive effect.
involving violations of our Philippine b. Exception: express provision on retroactivity
Environmental Law (2010). [EX] UNLESS the contrary is provided or the
5. Such was given RETROACTIVE EFFECT legislative intent to give retroactive effect is
because it is a procedural matter, and the SC necessarily implied from the language used
granted the advocates locus standi based on c. Exception to the exception: when vested rights
the rule promulgated for it being procedural in are impaired
nature. [EX to EX] only if no vested right is impaired.
c.) An [EX] being that, if the father 3.) Interpretation of RA 6735 was not in keeping
was also an illegitimate, thus the with the maxim interpretation fienda est ut res
illegitimate children may now inherit magis valeat quam pereat – that interpretation
from the claim of their father. as will give the thing efficacy is to be adopted
(2) ut magis valeat quam pereat: construe d.) The Resolution of the Civil Case
statute as a whole Is Not Determinative of the
CASE: Resident Marine Mammals v. Prosecution of the Criminal Action.
Reyes, supra Even if the trial court in the civil
case declares that the construction
a) Harmonize and give effects to all agreement between the parties is
provisions whenever possible; void for lack of consideration, this
reconcile apparently conflicting would not affect the prosecution of
provisions private respondent in the criminal
CASES: case. The fact of the matter is
National Tobacco Admin vs. COA, that private respondent issued
311 SCRA 755 (1999) checks that were subsequently
1.) WoN Educational Assistance given dishonored for insufficient
to individuals prior to the enactment of funds. It is this fact that is
RA 6758 should be continued to be subject of prosecution under BP
received? 22.Therefore, it is clear that the
a.) Yes. Proper interpretation of second element required for the
section12 RA 6758 depends on the existence of a prejudicial question,
combination of first and second is absent. Thus, no prejudicial
paragraph. question exists.
b.) First sentence states that “such
other additional compensation not (3) Construe Statute in Relation to the
otherwise specified as may be Constitution and Other Statutes
determined by the DBM shall be a) Supremacy of the Constitution
deemed included in the Doctrine of Constitutional
standardized salary rates herein Supremacy
prescribed.” The second sentence “Under the doctrine of constitutional
states “such other additional supremacy, if a law or contract violates
compensation, whether in cash or any norm of the constitution that law or
in kind, being received by contract whether promulgated by the
incumbents only as of July 1, 1989 legislative or by the executive branch
not integrated into the standard or entered into by private persons for
shall continue to be authorized.” private purposes is null and void and
c.) In the words of Atty. Cabrera; without any force and effect. Thus,
“Do not isolate or detach parts since the Constitution is the
of a statute.” fundamental, paramount and supreme
d.) Construing a statute as a whole law of the nation, it is deemed written
includes reconciling and in every statute and contract.”
harmonizing conflicting provisions.
b) But when statutes admit of two
Republic vs. CA, 263 SCRA 758 constructions, one constitutional
(1996) and the other unconstitutional,
construction in favor of
constitutionality should be favoured
CASE: De la Cruz vs. Paras, GR c.) The modes of disposal included
No.42591, July 25, 1983 Public auction and Sale thru
1.) LGC provides that municipal negotiation.
corporations cannot prohibit the
operation of “night clubs”. They 4.) With regard to these 2 laws, the
may only be regulated. Court held the question whether the
a.) It would be, therefore, an subject property was covered by the
exercise in futility if the decision said Circular or falls under its
under review were sustained. All exception. It held that 89-296 was to
that petitioners would have to do be interpreted with 86-264.
is to apply once more for licenses a.) statutes that relate to the same
to operate night clubs. thing ought to be taken in
2.) A refusal to grant licenses, because consideration in construing any one
no such businesses could legally open, of them, and it is an established
would be subject to judicial correction. rule of law that all acts in pari
a.) That is to comply with the material are to be taken together
legislative will to allow the as if they were one law.
operation and continued existence
of night clubs subject to Cabada vs. Alunan, 260 SCRA 828
appropriate regulations (1996)
3.) To compel petitioners to close their 1.) WoN an appeal lies from the
establishments, the necessary result of decision of Regional Appellate Board
an affirmance, would amount to no (RAB) imposing disciplinary action
more than a temporary termination of against a member of the PNP under
their business. Sec. 45 of RA 6975 regarding finality of
a.) In accordance with the well- disciplinary action?
settled principle of constitutional a.) SC held that the “gap” in the law
construction that between two which is silent on filing appeals
possible interpretations by one from decisions of the RAB
of which it will be free from rendered within the reglementary
constitutional infirmity and by period should be construed and
the other tainted by such grave harmonized with other statutes, i.e.
defect, the former is to be Sec 2(1), Article IX-B of the 1987
preferred. A construction that Constitution because the PNP is
would save rather than one that part, as a bureau, of the
would affix the seal of doom reorganized DILG, as to form a
certainly commends itself. unified system of jurisprudence.
b.) if RAB fails to decide an
c) Statutes in Pari Materia (lit. same appealed case within 60 days from
subject) receipt of the notice of appeal, the
- Statutes in pari materia must be appealed decision is deemed final
interpreted in light of each other since and executory, and the aggrieved
they have a common purpose for party may forthwith appeal
comparable events or items. therefrom to the Secretary of DILG.
c.) Likewise, if the RAB has
CASES: decided the appeal within 60-day
Vda. de Urbano vs. GSIS, GR No. reglementary period, its decision
137904, Oct 19, 2001 may still be appealed to the
1.) Petitioners raised the issue of Sec. Secretary of DILG.
79 of PD 1445 and the COA Circular
86-264 mandated the GSIS to dispose Declarador v. Gubaton, G.R. No.
of the assets through public bidding 159208 August 18, 2006
and only upon its failure, through a 1.) WoN Bansales is entitled to the
public sale. automatic suspension granted by PD
No. 603?
2.) GSIS contended that SEC 79 of PD a.) NO. The accused was found
1445 did not apply because it covered guilty of murder, a crime
unserviceable govt property and not punishable by reclusion perpetua
acquired assets. to death. It is clear from the words
of Section 32 of P.D. No. 603 that a
3.) SC Held that GSIS is correct, as the person who is convicted of an
provision (SEC 79) applies only to offense punishable by death, life
unserviceable govt property or those imprisonment, or reclusion
no longer needed. The house was perpetua is disqualified from
obviously not unserviceable. And it availing the benefits of a
was still used by petitioners. suspended sentence.
a.) COA Circular 86-264 or the b.) The word "punishable" does
“General guidelines on the not mean "must be punished,"
divestment or disposal of assets of but "liable to be punished" as
government owned corporations” specified. The term refers to the
the law stipulated that it availed of possible, not to the actual
an exception to the requirement of sentence. It is concerned with the
disposition through public bidding penalty which may be, and not
and such exception applied to which is imposed.
sales of merchandise held for sale c.) The law merely amended Article
in the regular course of business. 192 of P.D. No. 603, as amended
b.) The Court read it in relation to by A.M. No. 02-1-18-SC, in that the
Coa circular 89-296 which provided suspension of sentence shall be
for “Audit Guidelines on the enjoyed by the juvenile even if he
Disposal of Property and other is already 18 years of age or more
Assets of Government Agencies”, at the time of the pronouncement
which also did not apply the public of his/her guilt. The other
bidding disposal requirement to disqualifications in Article 192 of
merchandise or inventory held for P.D. No. 603, as amended, and
sale in the regular course of Section 32 of A.M. No. 02-1-18-SC
business nor to the disposal by have not been deleted from
gov’t financial institutions of Section 38 of Rep. Act No. 9344.
foreclosed assets or collaterals Evidently, the intention of Congress
acquired in the regular course of was to maintain the other
business and not transferred to the disqualifications as provided in
Govt under proclamation no 50. Article 192 of P.D. No. 603, as
amended, and Section 32 of A.M.
No. 02-1-18-SC. Hence, juveniles
who have been convicted of a
crime the imposable penalty for (5) Meaning of Words and Phrases
which is reclusion perpetua, life
imprisonment or reclusion a) Statutory definition
perpetua to death or death, are CASE: Victorias Milling vs. Social
disqualified from having their Security Commission, 114 SCRA
sentences suspended. 555 (1962)
d.) Case law has it that statutes in 1.) “compensation” to include all
pari materia should be read and renumerations, except bonuses,
construed together because allowances & overtime pay
enactments of the same legislature a.) Definition was amended:
on the same subject are supposed deleted “exceptions”
to form part of one uniform system;
later statutes are supplementary or 2.) the amendment shows legislative
complementary to the earlier intent that bonuses & overtime pay
enactments and in the passage of now included in employee’s
its acts the legislature is supposed renumeration.
to have in mind the existing a.) by virtue of express substantial
legislations on the subject and to change in phraseology, whatever
have enacted the new act with prior judicial or executive
reference thereto. Statutes in pari construction should give way to
materia should be construed mandate of new law.
together to attain the purpose of an
expressed national policy. 3.) A statutory definition of term
containing a general rule and an
Naga City vs. Agna, GR No. 36049, exception thereto is amended by
May 31, 1976 eliminating the exception, the
1.) WoN RA 2264 repealed Sec. 2309 legislative intent is clear that the
of the Revised Administrative Code? term should now include the
a.) NO. There is a presumption exception within the scope of the
against implied repeal; a general rule.
subsequent provision only
repeals a prior provision clearly b) Ordinary sense of the words vs.
contradictory to it. If two laws technical or legal meaning
can be harmonized, then the CASES:
Courts shall do so. Mataguina Integrated Wood vs. CA,
b.) Sec. 2309 of the Revised Admin 263 SCRA 490 (1996)
Code applies in this case because 1.) WoN transferee of a forest
the new tax changed a prior tax concession is liable for obligations
system. RA 2264 only applies for arising from transferor’s illegal
entirely new tax provisions. encroachment into another forest
concessionaire, which was committed
(4) When the law does not distinguish, prior to the transfer?
courts should not distinguish (Ubi lex a.) NO. Court held that the
non distinguit nec nos distinguire transferee is NOT liable and
debemus) explained: “Obligations”
construed to mean obligations
CASES: incurred by transferor in the
Ramirez vs. CA, 248 SCRA 590 (1995) ordinary course of business. Not
1.) WoN the violation thereof refers to the those as a result of
taping of a communication other than a transgressions of the law, as
participant to the communication or even to these are personal obligations of
the taping by a participant who did not transferor.
secure the consent of the party to the b.) Sec. 61 of PD 705 “the
conversations.? transferee shall assume all the
a.) NO. Law did not distinguish obligations of the transferor.”
whether the party sought to be c.) Construe using ordinary
penalized ought to be party other than meaning & avoid absurdity
or different from those involved in the
private communication. The intent is to Mustang Lumber vs. CA, 257 SCRA
penalize all persons unauthorized to 430 (1996)
make any such recording, underscored 1.) WoN “lumber” is included in the
by “any” classification of “timber”?
b.) Anti-Wire Tapping Law - Republic a.) YES. Reversing 1st ruling, SC
Act No. 4200 “Act to Prohibit & says lumber is included in timber.
Penalize WireTapping and Other Statute: Sec. 68 PD 705 -
related Violations of Private penalizes the cutting, gathering &
Communications and Other Purposes” or collecting timber or other forest
c.) “It shall be unlawful, not being products without a license.
authorized by all the parties to any b.) Simply means, lumber is a
private communication or spoken word, processed log or forest raw
to tap any wire or cable, or by using material. The Code uses lumber in
any other device or arrangement…” ordinary common usage. In 1993
ed. of Webster’s International
Garvida vs. Sales, 271 SCRA 767 (1997) Dictionary, lumber is defined as
1.) WoN petitioner who was over 21 but timber or logs after being prepared
below 22 was qualified to be an elective for the market. Therefore, lumber is
SK member? a processed log or timber. Sec 68
a.) NO. The distinction is apparent: the of PD 705 makes no distinction
member may be more than 21 years of between raw & processed timber
age on election day or on the day he
registers as member of Katipunan ng c) Specific words
Kabataan. But the elective official, 1. “May” vs. “Shall”
must not be more than 21 years of age CASES:
on the day of election. Director of Lands vs. CA, 276
b.) Sec.424 of the LGC provides that a SCRA 276 (1997)
member of the Katipunan ng Kabataan 1.) WoN publication of the notice
must not be 21 yrs old. of initial hearing in an original land
c.) Sec. 428 as additional requirement registration case is MANDATORY
provides that elective official of or DIRECTORY in relation to
Sangguniang Kabataan must not be Section 23(1) of PD 1529?
more than 21 yrs. “on the day of a.) YES. Law requires in
election”. petitions for land registration
that “upon receipt of the order non est recedendum (from
of the court setting the time the words of the statute there
for initial hearing to be should be no departure). Any
published in the OG and once lawyer of modest
in a newspaper sophistication knows that
of general circulation in the canons of statutory
Philippines” construction march in pairs
b.) Law expressly requires of opposite.
that the initial hearing be b.) Thus with the canons
published in the OG AND in above mentioned we have the
the newspaper of general following opposite: verba
circulation – reason: OG is not intentioni, non e contra,
as widely read of the debent inservire (words
newspaper of general ought to be more subservient
circulation. to the intent and not the intent
c.) “shall” is imperative/ to the words)
mandatory c.) It is an elementary rule in
d.) Without initial hearing statutory construction that
being published in a the word "may" in a statute
newspaper of general is permissive while the
circulation is a nullity word "shall" is mandatory.
The rule, however, is not
Capati vs. Ocampo, 113 SCRA absolute. The literal
799 (1982) interpretation of the words of
1.) WoN the dismissal of the an act should not prevail if it
complaint on the ground of creates a result contrary to
improper venue was correct? the apparent intention of the
a.) NO. The dismissal was legislature and if the words
incorrectly grounded on are sufficiently flexible to
improper venue. The rule on admit of a construction which
venue of personal actions will effectuate the legislative
cognizable by the CFI is intention.
found in Sec. 2(b), Rule 4
of the Rules of Court,
which provides that such Berces vs. Guingona, 241
"actions may be commenced SCRA 539 (1995)
and tried where the Defendant 1.) WoN Sec. 68 of R.A. No.
or any of the Defendants 7160, 1991 LGC, repealed Sec. 6
resides or may be found, or of Administrative Order No. 18?
where the Plaintiff or any of a.) NO. Petition was
the Plaintiffs resides, at the dismissed. “Stay of execution”
election of the Plaintiff." applied.
b.) The word "may" is merely b.) The first sentence of
permissive and operates to Section 68 merely provides
confer discretion upon a that an “appeal shall not
party. prevent a decision from
c.) Under ordinary becoming final or executory.”
circumstances, the term "may As worded, there is room to
be" connotes possibility; it construe said provision as
does not connote certainty. giving discretion to the
"May" is an auxiliary verb reviewing officials to stay the
indicating liberty, opportunity, execution of the appealed
permission or possibility. decision. There is nothing to
infer therefrom that the
PCFI vs. NTC and PLDT, 131 reviewing officials are
SCRA 200 (1984) (But see deprived of the authority to
dissent of Abad Santos, J.) order a stay of the appealed
1.) WoN respondent acted with order.
grave abuse of discretion when it c.) If the intention of Congress
approved the Revised Subscriber was to repeal Section 6 of
Investment Plan (SIP) of Administrative Order No. 18, it
respondent PLDT in the absence could have used more direct
of specific rules and regulations language expressive of such
implementing Presidential Decree intention.
No. 217?
a.) YES. There is merit in the 2. “Or” vs. “And”
contention of petitioner that it CASES:
is the duty of respondent NTC GMCR vs. Bell Telecom, 271
to promulgate rules and SCRA 790 (1997)
regulations. 1.) WoN the NTC is a collegial
body or under the direct and sole
2.) In the separate opinion of control of Commissioner
Justice Abad Santos, it is said Kintanar?
that the case involves a simple a.) YES. NTC is a collegial
problem of statutory construction - body requiring a majority
that of Section 2 of Presidential vote out of the three
Decree No. 217. The decision members of the
sustained the petitioner's commission in order to
contention that it is the duty of validly decide a case or any
NTC to first promulgate rules and incident therein. Corollarily,
regulations. The resolution does the vote alone of the chairman
not subscribe to the view that the of the commission, absent the
NTC should or must promulgate required concurring vote
rules and regulations because the coming from the rest of the
decree must be given its ordinary membership of the
meaning; the word used is the commission to at least arrive
permissive "may" and not the at a majority decision, is not
mandatory "shall." sufficient to legally render an
a.) The non-unanimous NTC order, resolution or
resolution thus relies on the decision.
canons index animi sermo b.) Commissioner Kintanar is
est (speech is the indication not the National
of intent) and a verba legis Telecommunications
Commission. He alone does Hda. Luisita Inc. vs. PARC, G.R.
not speak for and in behalf of No. 171101, Resolution,
the NTC. The NTC acts November 22, 2011
through a three-man body, 1.) WoN the operative fact
and the three members of the doctrine is applicable to the
commission each has one present case?
vote to cast in every a.) YES. The operative fact
deliberation concerning a doctrine is a rule of equity. As
case or any incident therein a complement of legal
that is subject to the jurisdiction, equity seeks to
jurisdiction of the NTC. reach and complete justice
Having been organized by EO where courts of law,
146 as a three-man through the inflexibility of
commission, the NTC is a their rules and want of
collegial body and was a power to adapt their
collegial body even during judgments to the special
the time when it was acting circumstances of cases, are
as a one-man regime. incompetent to do so.
c.) It is without doubt that the Chavez vs. NHA, G.R. No.
HDMF Board has rule-making 164527, August 15, 2007
power as provided in Section
51 17 of R.A. No. 7742 and
Section 13 of P.D. No. 1752. 4. “Term” vs. “Tenure”
However, it is well-settled that CASE: Appari vs. CA, 127
rules and regulations, which SCRA 231 (1984)
are the product of a delegated
power to create new and
additional legal provisions that 5. “Every”
have the effect of law, should CASE: NHC vs. Juco, G.R. No.
be within the scope of the L-64313 January 17, 1985
statutory authority granted by
the legislature to the
administrative agency. It is 6. “foreigner”
required that the regulation CASE: Gatchalian vs.
be germane to the objects COMELEC, 35 SCRA 435 1970)
and purposes of the law,
and be not in contradiction
to, but in conformity with, 7. “government”
the standards prescribed by CASE: C & C Commercial vs.
law. NAWASA, 21 SCRA 984 (1967)
Villavert vs. ECC, 110 SCRA 223 Article 107 of the Labor Code
1.) WoN Villavert is entitled to receive the provides that “the provisions of the
GSIS death benefit of her son, who died of immediately preceding Article shall
hemorrhagic pancreatitis, pursuant to P.D. likewise apply to any person,
No. 626? partnership, association or corporation
a.) YES. From the foregoing facts of which, not being an employer,
record, it is clear that Marcelino N. contracts with an independent
Villavert died of acute hemorrhagic contractor for the performance of any
pancreatitis which was directly caused work, task, job or project.”
or at least aggravated by the duties he b.) The joint and several liability imposed
performed as code verifier, computer by the Court is however without prejudice
operator and clerk typist of the to the Petitioner’s right to reimburse from
Philippine Constabulary. Further, Article the Security Agency the amount it paid the
4 of the Labor Code of the Philippines, as Security Guards.
amended, provides that “all doubts in the In the case at bar, petitioner became
implementation and interpretation of this an indirect employer of respondents-
Code, including its implementing rules and complainants when petitioner entered
regulations shall be resolved in favor of into a Contract of Services with the
labor.” Security Agency and the latter hired
the complainants to work as guards for
Del Rosario and Sons vs. NLRC, 135 SCRA the former. However, the petitioner’s
669 liability should be without prejudice to a
1.) WoN the NLRC erred in dismissing the claim for reimbursement against the
appeal of the Security Agency despite their Security Agency for such amounts as
failure to file the appeal under oath and pay petitioner may have to pay to
the appeal fee on time? complainants.
a.) YES. The SC rules that the NLRC has c.) The SC further ruled that the
the right to accept the appeal despite the inadequate contract price received by the
lack of verification and the delay in the Security Agency from the Petitioner is
payment of the appeal fee. Article 221 of irrelevant because the Security Agency is
the Labor Code provides that, unlike in expected to have known the labor laws
the Courts of law where the rules of and the correct compensation it should
evidence are controlling, the primordial have demanded for its services.
interest of the Labor Code and the The Security Agency may not seek
NLRC is to speedily and objectively exculpation by claiming that petitioner’s
ascertain the facts of the case without payments to it were inadequate. As an
regard to technicalities of law or employer, it is charged with knowledge
procedure, all in the interest of due of labor laws and the adequacy of the
process. Anyway, the deficiency in the compensation that it demands for
verification in this case can be cured in the contractual services is its principal
actual oath-taking. concern and not any other’s.
b.) The formal defects in the appeal of the
Security Agency were not fatal defects. The Supreme Court affirmed the
The lack of verification could have been judgment under review, without
easily corrected by requiring an oath. The prejudice to petitioner’s right to seek
appeal fee had been paid although it was reimbursement from Calmar Security
delayed. Failure to pay the docketing fees Agency for such amounts as petitioner
does not automatically result in the may have to pay to complainants.
dismissal of the appeal. Dismissal is Costs against the private respondent.
discretionary with the Appellate Court
and discretion must be exercised wisely 3. Penal Statutes: strictly against the State; liberally in
and prudently, never capriciously, with favor of the accused
a view to substantial justice. Failure to CASES:
pay the appeal docketing fee confers a Pp. vs. Manantan, 5 SCRA 684
directory and not a mandatory power to 1.) WoN a justice of peace is included in the
dismiss an appeal and such power must prohibition of Sec. 54 of the Revised Election
be exercised with sound discretion and Code?
with a great deal of circumspection, a.) YES. A justice of the peace is included
considering all attendant circumstances. in the prohibition of Sec. 54 of the Revised
2.) WoN the NLRC erred in deciding that the
Election Code. The maxim casus omisus
Petitioner and the Security Agency are can operate and apply only if and when the
jointly and severally liable to pay the omission has been clearly established.
Security Guards. In this case, it has already been
a.) NO. The SC affirms the decision of the
shown that the legislature did not
NLRC holding the Petitioner and the
Security Agency jointly and severally liable exclude or omit justices of the
for the underpayment of the salary and the peace from the enumeration of
non-payment of the living allowance and officers precluded from engaging in
13th month pay to the Security Guards. partisan political activities. Rather,
Under Article 106 of the Labor Code, the
Principal (in this case, the Petitioner) they were just called “judges.”
should be held jointly and severally liable
with the Contractor (in this case, the When a statute appears upon its face to
Security Agency), in case the latter fails to limit the operation of its provision to
pay the wages of its employees. This is
more so the case with Petitioner
particular persons or things by
enumerating them, but no reason exists
why other persons or things not so that are different from those upon which the
enumerated should not have been parties intended to agree. (1283)
included and manifest injustice will ARTICLE 1373. If some stipulation of any
follow by not including them, the contract should admit of several meanings, it
omission must not have been intended. shall be understood as bearing that import
which is most adequate to render it effectual.
Centeno vs. Villalon-Pornillos, 236 SCRA 197 (1284)
1.) WoN Solicitation for religious purposes
without securing permit from the Dept. of Social ARTICLE 1374. The various stipulations of a
Services (DSWD) violates P.D. No. 1564, making contract shall be interpreted together, attributing
it a criminal offense for a person to solicit or to the doubtful ones that sense which may
receive contributions for charitable or public result from all of them taken jointly. (1285)
welfare purposes?
a.) No. Charitable and religious specifically ARTICLE 1375. Words which may have
enumerated only goes to show that the framers different significations shall be understood in
of the law in question never intended to include that which is most in keeping with the nature
solicitations for religious purposes within its and object of the contract. (1286)
coverage.
The 1987 Constitution and other statutes ARTICLE 1376. The usage or custom of the
treat the words “charitable” and “religious” place shall be borne in mind in the interpretation
separately and independently of each other. of the ambiguities of a contract, and shall fill the
omission of stipulations which are ordinarily
P.D. 1564, it merely stated “charitable or established. (1287)
public welfare purposes” which means that it
was not the intention of the framers of the ARTICLE 1377. The interpretation of obscure
law to include solicitations for religious words or stipulations in a contract shall not favor
purposes. The world “religious purpose” is the party who caused the obscurity. (1288)
not interchangeable with the expression
“charitable purpose”. ARTICLE 1378. When it is absolutely
impossible to settle doubts by the rules
established in the preceding articles, and the
4. Tax Laws doubts refer to incidental circumstances of a
-Are to be construed LIBERALLY IN FAVOR OF THE gratuitous contract, the least transmission of
TAX PAYER, STRONGLY AGAINST THE TAXING rights and interests shall prevail. If the contract
AUTHORITY is onerous, the doubt shall be settled in favor of
the greatest reciprocity of interests.
a) Those imposing taxes and custom duties
- a tax cannot be imposed without clear and If the doubts are cast upon the principal object
express words for that purpose. of the contract in such a way that it cannot be
- provisions of a taxing act are not to be known what may have been the intention or will
extended by implication of the parties, the contract shall be null and
void. (1289)
b) Those granting exemptions
- exemptions from taxation are highly disfavored ARTICLE 1379. The principles of interpretation
in law stated in Rule 123 of the Rules of Court shall
- “taxation is the rule, and tax exemption is the likewise be observed in the construction of
exception” contracts. (n)
- The one who claims an exemption from his or
its share of the common burden in taxation must IV. AIDS IN STATUTORY CONSTRUCTION
justify his or its claim by showing that the A. Public Policy sought to be implemented
legislature intended to exempt him by words CASES:
was too plain to be mistaken. Tinio vs. Francis, 98 Phil. 32 (1955)
1.) WoN the conveyances are valid under Sec. 20 of
c.) Refund on taxes the Public Land Act?
- a claim of refund is strictly construed against a.) NO. Order for the issuance of patent is the same
the claimant in effect as the issuance of the patent itself. And if
- a claim for tax refunds or the issuance of tax the law (Sec. 118, CA 114) prohibits the sale of a
credits partakes of the nature of an exemption, homestead after the issuance of a patent, the
which cannot be allowed unless granted in the prohibition should be extended, in view of the
most explicit and categorical language apparent policy of the law which is to conserve the
land which a homestead has acquired under the
5. Civil Law Public Land Act to the date on which the order of the
-STRICTLY NO RETROACTIVE EFFECT, UNLESS issuance of the patent is issued, which in this case is
THE CONTRARY IS PROVIDED 1943.
a) Family Law Policy of the law – to conserve the land of
the homesteader
b) Wills and Succession
“xxx not be subject to encumbrance/ alienation
c) Obligations and Contracts (Read Art. 1370- from the date of the approval of the application
1379, NCC) and for a term of 5 years from and after the date
CHAPTER 5 of the issuance of the patent or grant:
- from the ORDER for the issuance of
Interpretation of Contracts patent
- if literal interpretation is to be used,
ARTICLE 1370. If the terms of a contract are policy will be defeated
clear and leave no doubt upon the intention of
the contracting parties, the literal meaning of its Cajiuat vs. Mathay, 124 SCRA 710 (1983)
stipulations shall control. 1.) WoN the petitioners are exempted from receiving
double pension under P.D. No. 4?
If the words appear to be contrary to the evident a.) No, this is so because to assume otherwise would
intention of the parties, the latter shall prevail not only be an act of "over-liberality" on the part of
over the former. (1281) the State but likewise inconsistent with its policy
against double pension or gratuity for the same
ARTICLE 1371. In order to judge the intention service." It is similarly obvious that the retirement
of the contracting parties, their benefits he was found to be entitled to receive were
contemporaneous and subsequent acts shall be in consideration of the same services to the
principally considered. (1282) government.
The rule in construing or applying pension and
ARTICLE 1372. However general the terms of a gratuity laws is that, in the absence of express
contract may be, they shall not be understood to provisions to the contrary, they will be so
comprehend things that are distinct and cases interpreted as to prevent any person from
receiving double compensation."
NPC vs. Province of Lanao del Sur, 264 SCRA
Policy – against double pensions for the 271 (1996)
same services Velunta vs. Chief, Philippine Constabulary, 157
SCRA 147 (1988)
A law which grants retirable employees certain
gratuity “in addition to other benefits which they C. Intrinsic Aids
are entitled under existing laws” CANNOT be - The term “intrinsic” means internal or within. Intrinsic
construed as to authorize the grant of aids, therefore, are those aids within the statute.
double gratuity - Intrinsic aids are resorted to only if there is
ambiguity.
“other benefits” may be: - In resorting to intrinsic aids, one must go back to
- Refund on Contributions the parts of the statute: the title, the preamble,
- Payment of the money value of context or body, chapter and section headings,
accumulated vacation and sick leaves punctuation, and interpretation.
B. Presumptions 1. Title
1. Of Constitutionality/Validity of Statutes - The title of a statute serves as aid, in case of doubt
- In the absence of evidence demonstrating the in the language, to its construction and to
alleged confiscatory effect of the provision in ascertaining legislative will.
- The title may indicate the legislative intent to
question, there is no basis for its nullification in
extend or restrict the scope of law, and a statute
view of the presumption of validity which every law couched in a language of doubtful import will be
has in its favor. construed to conform to the legislative intent as
- [GR] Statutes are presumed to be valid disclosed in its title.
-[EX] If it clearly appears that the statute violates
the fundamental law (Constitution) CASES:
City of Baguio vs. Marcos, 27 SCRA 342 (1969) →
CASES: [Compare with Director of Lands vs. Abaja, infra]
NHA vs. Reyes, 123 SCRA 245 (1983) →
SUPERSEDED by EPZA v. Dulay, G.R. No. L- Ebarle vs. Sucaldito, 156 SCRA 803 (1987)
59603, April 29, 198
2. Preamble
- A preamble is that part of the statute written
Tano vs. Socrates, 278 SCRA 154 (1997) immediately after its title, which states the
2. Of the Beneficial Operation of Statutes
purpose, reason or justification for the enactment
CASES: of law.
CIR vs. S.C. Johnson and Sons, Inc., 309 SCRA - It is usually expressed in the form of “Whereas”
87 (1999) clauses.
Sesbreno vs. CBAA, 270 SCRA 360 (1997) - Preamble used as a guide in determining the
intent of the lawmaker.
3. Of Prospective Application
CASES: - The intent of the law as culled from its preamble
Republic vs. Sandiganbayan, 269 SCRA 317 and from the situation, circumstances and
(1997) conditions it sought to remedy, must be enforced.
Grego vs. COMELEC, 274 SCRA 481 (1997)
CASES:
4. In favor of right and justice Pp. vs. Purisima, 86 SCRA 542 (1978)
CASE: Salvacion vs. Central Bank, 278 SCRA 27
(1997) Pp. vs. Echavez, 95 SCRA 663 (1980)
2. Contemporary Construction
1. Legislative History a. Executive Construction
- It is a well-settled rule of statutory construction - The opinions and rulings of officials of the
that where a statute is susceptible of several government called upon to execute or
interpretations or where there is ambiguity in its implement administrative laws command
language, there is no better means of ascertaining much respect and weight.
the will and intention of the legislature than that - An interpretation embodied in a circular,
which is afforded by the history of the statute. directive or regulation is an expressed
- Generally speaking, the history of a statute interpretation.
refers to all its antecedents from its inception
until its enactment into law. (1) Kinds
- Its history proper covers the period and the steps a) construction by an
executive/administrative officer called
done from the time the bill is introduced until it is to implement the law
finally passed by the legislature. CASE: San Miguel Corp. vs.
Inciong, 103 SCRA 139 (1981)
a. President’s message to the Legislature
CASE: Camacho vs. CIR, 80 Phil 848 (1948) b) by the DOJ Secretary in his capacity
as Chief legal adviser of the
b. Explanatory Note of the author/s government (See Sec. 83, RAC)
CASE: Nepomuceno vs. Ocampo, 95 Phil CASE: Maceda vs. Macaraeg, 197
292 (1954) SCRA 771 (1991)
V. CONSTITUTIONAL CONSTRUCTION
A. Primary purpose: to ascertain the intent or purpose of the
framers
CASES:
JM Tuason & Co., Inc. vs. Land Tenure
Administration, 31 SCRA 413 (1970)
Co vs. Electoral Tribunal, 199 SCRA 692 (1991)
3. If ambiguity exists
a. Rules
(1) Ratio Legis Est Anima: Consider intent of
the framers/object to be accomplished
CASES:
Legaspi vs. Minister of Finance, 115
SCRA 418 (1982)
Civil Liberties Union vs. Executive
Secretary, 194 SCRA 317 (1991)