CHAPTER 1 – CONSTRUCTION AND INTERPRETATION

I. STATUTORY CONSTRUCTION
1. Definition
a. Construction is the art or process of discovering and expounding the meaning and intention of the authors of
the law, where that intention is rendered doubtful by reason of the ambiguity in its language or the fact that the
given case is not explicitly provided for by law.
2. Statutory Construction and Interpretation
a. Interpretation is the art of finding true meaning and sense of any form of words. It is limited to exploring the
written text, such that one who interprets does not get outside of the context of the statute.
b. Construction is the process of drawing warranted conclusions not always included in direct expressions, or
determining the application of words to facts in litigation. It goes beyond and may call in the aid of extrinsic
considerations; one who constructs has to go outside of the language of the statute and seek the help of
extrinsic aids.
3. Purpose of Construction
a. All rules of construction or interpretation have, for their sole object, the ascertainment of the true intent of the
legislature.
II. LEGISLATIVE INTENT
1. Legislative Intent, Purpose, and Meaning
a. Intent - It is the vital part, the essence of the law. It is the spirit which gives life to legislative enactment.
b. Purpose – It is the reason why a particular statute was enacted
c. Meaning – It is what the law, by its language, means.
2. Approaches in determining legislative intent
a. The Literal Rule
 Maxims
i. Verba legis – plain meaning rule
ii. Index animi sermo est – speech is the index of intention
iii. Verba legis non est recedendum – from the words of a statute, there should be no departure
iv. Dura lex sed lex – the law may be harsh, but that is the law
 The principle requires that the statute should be applied regardless of whether it is
unwise, hard, or harsh.
 Where the daw is clear, appeals to justice and equity as justification to construe it
differently are unavailing.
 Therefore, where the law is clear and free from doubt or ambiguity, there is no room for construction or
interpretation
b. The Purpose Rule
 Also referred to as the Mischief Rule
 Requires the court to consider the mischief which the statute was meant to remedy; what evil, if any,
was meant to be redressed.
c. The Golden Rule
 Permits a court to depart from the ordinary meaning of a statute to avoid absurdity, repugnancy, or
inconsistency.
 Applied to resolve ambiguity in statutory language in favor of that meaning which will best achieve the
intention of the legislature revealed by the statute as a whole.

CHAPTER 2 – POWER TO CONSTRUE AND ITS LIMITATIONS

I. POWER TO CONSTRUE
a. Construction is a judicial function.
b. The duty and power to interpret or construe a statute or the Constitution belongs to the Judiciary.
Basic Rules to Remember
Apply Interpret
When the law speaks in clear and When there is ambiguity in the
categorical language. language of the statute, ascertain
legislative intent by making use of
intrinsic aids or those found in the law
itself.
Construct
When the intent of the legislature
cannot be ascertained by merely
making use of intrinsic aids, the court
should resort to extrinsic aids, or
those found outside the language of
the law

II. PRESENT STRUCTURE OF GOVERNMENT

a. Executive – President; enforces and administers the laws
b. Legislative – Congress; makes laws and/or alters or repeals them
 The legislature has no power to overrule the interpretation or construction of a statute or the
Constitution by the Supreme Court, for interpretation is a judicial function assigned to the latter by the
fundamental law.
 The rule that the Supreme Court has the final word in the interpretation or construction of a statute
merely means that the legislature cannot, by law or resolution, modify or annul the judicial construction
without modifying or repealing the very statute which has been the subject of construction.
c. Judiciary – Supreme Court; construes the law
 Courts may not, in the guise of interpretation enlarge the scope of a statute and include therein
situations not provided nor intended by the lawmakers.
 Courts are not authorized to insert into the law what they think should be in it or to supply what they
think that the legislature would have supplied if its attention had been called to the omission.

III. DUTY OF COURTS TO CONSTRUE AND INTERPRET THE LAW

Article VIII
JUDICIAL DEPARTMENT
Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by
law.
Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting
to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.
a. The court has the duty to formulate guiding and controlling constitutional principles, precepts or doctrines. The
power to issue guidelines is not judicial legislation as the Court merely defines what the law is. (e.g.
Psychological Incapacity; Republic v. C.A & Molina, 268 SCRA 198)
b. Only Supreme Court sitting en banc may modify or abandon an established principle of law, not any division
thereof (Article VIII, Section 4(3) of the 1987 Constitution)
 EXCEPTION: If the court has stated in a decision not a principle of law but a mere obiter dictum (a thing
said in passing), a division may validly reject or disregard it.
c. Article 8 of the Civil Code
 Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system
of the Philippines
 As part of the legal system, and until reversed by the Supreme Court itself, rulings of the Supreme Court
are binding upon the lower courts.
 Stare decisis et non quieta novere – follow past precedents and do not disturb what has been settled.
 When the Supreme Court has once laid down a principle of law as applicable to a certain state of facts, it
will adhere to that principle and apply it to all future cases where the facts are substantially the same.
(RATIONALE: Stability and Certainty)
d. Article 4 of the Civil Code
 Laws shall have no retroactive effect unless the contrary is provided.
 Lex prospicit, non respicit – The law looks forward and not backward.
  While judicial ruling of the Supreme Court construing a law forms part of the law, it cannot be given
retroactive effect if to do so will impair vested rights. Nor may a judicial ruling overruling a previous one
be applied retroactively so as to nullify a right which arose under the previous ruling before its
abandonment.

IV. WHEN IS IT NECESSARY AND NOT NECESSARY TO INTERPRET AND

CONSTRUCT?
a. When necessary
a. When language of the statute is ambiguous, doubtful, or obscure when taken in relation to a set of facts
b. When reasonable minds disagree as to the meaning of the language used in the statute
b. When not necessary:
a. When the law speaks in clear and categorical language
b. In such a case, the duty of the court is to apply the law, not to interpret it.

V. AMBIGUITY
a. It is doubtfulness, doubleness of meaning, indistinctiveness or uncertainty of meaning of an expression used in a
written instrument.
b. It is a condition of admitting two or more meanings, of being understood in more than one way, or of referring
to two or more things at the same time.

VI. LIMITATIONS ON THE POWER TO CONSTRUE

a. A condition sine qua non before the court may construe or interpret a statute is that there be doubt or
ambiguity in the words of a statute, for where there is no ambiguity in the words of a statute, there is no room
for construction.

CHAPTER 3 - STATUTES
I. LAWS AND STATUTES
1. Law
a. Definition (Sanchez Roman)
 In the general or abstract sense, law has been defined as "the science of moral rules, founded on the
rational nature of man, which govern his free activity, for the realization of the individual and social
ends, of a nature both demandable and reciprocal.
 In a specific sense, law is a rule of conduct, just, obligatory, promulgated by the competent authority
for the common good of a people or nation, which constitutes an obligatory rule of conduct for all its
members.
b. Laws include
1. Statutes enacted by the Legislature
2. Presidential Decrees (PD) and Executive Orders (EO) issued by the President in the exercise of his
legislative power, and other presidential issuances in the exercise of his ordinance power
3. Rulings of the Supreme Court construing the law
4. Rules and regulations promulgated by Administrative or Executive Officers pursuant to a delegated
power
5. Ordinances passed by Sanggunians of Local Government Units
2. Statute
a. Definition – It is an act of the legislature as an organized body, expressed in the form, and passed according to
the procedure, required to constitute it as part of the law of the land.
 Statutes enacted by the Legislature are those passed by the Philippine Commission, Philippine
Legislature, Batasang Pambansa, and Congress of the Philippines.
  Other laws which are of the same category and binding force as statutes are Presidential Decrees (PD)
issued by the President in the exercise of his legislative power during the period of martial law under the
1973 Constitution and Executive Orders (EO) issued by the President in the exercise of his legislative
power during the revolutionary period under the Freedom Constitution.
b. Classification (SOFAD)
i. According to Scope
1. Public – affects the public at large or the whole community; It is a general classification of
law, consisting generally of constitutional, administrative, criminal, and international law,
concerned with the organization of the state, the relations between the state and the
people who compose it, the responsibilities of public officers of the state, to each other,
and to private persons, and the relations of state to one another.
a. General – applies to the whole state and operates throughout the state alike upon
all the people or all of a class. It is one which embraces a class of subjects or places
and does not omit any subject or place naturally belonging to such class.
b. Specific – relates to particular persons or things of a class or to a particular
community, individual, or thing. It is designed for a particular purpose, or limited in
range or confined to a prescribed field of action on operation.
c. Local – One whose operation is confined to a specific place or locality instead of
over the whole territory of the state, e.g. municipal ordinance
2. Private – applies to a specific person or subject. It defines, regulates, enforces and
administers relationships among individuals, associations and corporations.
ii. According to Duration
1. Permanent – One whose operation is not limited in duration but continues until
repealed. It does not terminate by the lapse of a fixed period or by the occurrence of an
event. Neither disuse nor custom or practice to the contrary operates to render it
ineffective or inoperative.
2. Temporary – It is a statute whose duration is for a limited period of time fixed in the
statute itself or whose life ceases upon the happening of an event for which it was
passed. Where a statute provides that it shall be in force for a definite period, it
terminates at the end of such period. Where a statute is designated to meet an
emergency, it ends upon the cessation of such emergency. Since an emergency is by
nature temporary in character, so must the statute intended to meet it be.
iii. According to Application
1. Prospective – one which is applicable only to cases which arise after its enactment.
2. Retroactive – it is a law to have come into force on a date prior to its enactment. It is
one that looks backward or contemplates the past; one which is made to affect acts or
facts occurring, or rights occurring, before it came into force.
iv. According to Operation
1. Declaratory – It is enacted for the purpose of removing doubts about what the law is
in relation to a particular subject matter.
2. Curative – It is a form of retrospective legislation which reaches back into the past to
operate upon past events, acts or transactions in order to correct errors and
irregularities and to render valid and effective many attempted acts which would
otherwise be ineffective for the purpose intended.
3. Mandatory – A generic term describing statutes which require and not merely permit a
course of action.
4. Directory – permissive or discretionary in nature and merely outlines the act to be
done.
5. Substantive – Defines rights and duties
6. Remedial - Providing means or method whereby causes of action may be affectuated,
wrongs redressed and relief obtained.
7. Penal - defines criminal offenses specify corresponding fines and punishments.
v. According to Form
 1. Affirmative – couched in affirmative or mandatory terms; directs the doing of an act,
or declares what shall be done in contrast to a negative statute which is one that
prohibits the things from being done, or declares what shall not be done.
2. Negative – one that prohibits a thing from being done, or declares what shall be done

II. ENACTMENT OF STATUTES

ARTICLE VI
THE LEGISLATIVE DEPARTMENT
Section 1. The legislative power shall be vested in the Congress of the Philippines which shall consist of a House of
Representatives, except to the extent reserved to the people by the provision on initiative and referendum.
SECTION 24. All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local
application, and private bills shall originate exclusively in the House of Representatives, but the Senate may propose
or concur with amendments.
1. Legislative power
a. Definition: It is the power to make, alter and repeal laws, and it is vested on the Congress of the
Philippines, which is comprised of The House of Representatives and The Senate. The grant of
legislative power is broad, general, and comprehensive. The legislative body possesses plenary power
for all purposes of civil government.
b. It is provided in the Constitution that the initiative for filing revenue, tariff, or tax bills, bills authorizing
an increase of the public debt, private bills and bills of local application must come from the House of
Representatives.
2. Bills
a. Definition: It is a proposed legislative measure introduced by a member of Congress for enactment
into law. It is the draft of a proposed law from the time of its introduction in a legislative body
through all the various stages in both houses.
b. Legislative Procedures
i. Preparation of the Bill
1. A bill is introduced by any member of the Congress, signed by the authors and filed with
the Secretary of the House who will calendar the same for the first reading.
2. Introduction may be done in either house except for appropriation, revenue or tariff
bills, bills authorizing increase of public debts, bills of local applications, and private bills,
which shall originate exclusively from the House of Representatives [Article VI, Section
24 of the 1987 Constitution].
ii. First Reading
1. Secretary reports the bill for first reading, wherein the bill is read by its number and title
only.
iii. Committee Consideration / Action
1. After the first reading, the bill is referred by the Speaker to the appropriate committee
for study. At this stage, the appropriate committee will conduct public hearings. Then
after the public hearings, the committee shall decide whether or not to report the bill
favorably or whether a substitute bill should be considered. Should there be an
unfavorable report of the committee, then the proposed bill is dead.
2. Upon favorable action by the committee, the bill is returned to the originating house
and shall be calendared for the second reading.
iv. Second Reading
1. In the second reading, the bill is read in its entirety.
2. Immediately after the second reading, the bill is set for open debates where members of
the assembly may propose amendments and insertions to the proposed bill.
 3. After the approval of the bill in its second reading and at least three calendar days
before its final passage, the bill is printed in its final form and copies thereof distributed
to each of the members.
a. If there is a presidential certification, the requirement of three readings on
separate days, and printed copies in final form may be dispensed with [Article
VI, Section 26(2) of the 1987 Constitution].
4. The bill is then calendared for the third and final reading.
v. Third Reading
1. At this stage, no amendment shall be allowed. Only the title of the bill is read and the
Originating House will then vote on the bill, and the yeas and nays entered into the
Journal.
vi. Transmittal of the Approved Bill to the Senate
1. After the third and final reading at one House where the bill originated, it will go to the
other House where it will undergo the same process.
vii. Senate Action on Approved Bill of the House
1. Should the bill be approved, it is deemed passed by Congress and is submitted to the
President. If there are any amendments, there shall be a Conference Committee.
viii. Conference Committee
1. In the Conference Committee, differences of the two Houses will be settled. The
amendments introduced in this level will have to be approved by both Houses for
passage.
a. There are instances where the version of the conference committee is entirely
different from those of the two Houses- for it may deal generally with the
subject matter or precisely to the differences, or even introduce a new
provision. However, this is still valid for the powers of said committee are broad.
That is why some political scientists call this the Third House (Philippine Judges
Association v. Prado).
ix. Transmittal of the Bill to the President (Enrolled Bill)
1. This is the last step of the lawmaking process. The system of authentication devised is
the signing by the Speaker and the Senate President of the printed copy of the approved
bill, certified by the respective secretaries of the both Houses, to signify to the President
that the bill being presented to him has been duly approved by the legislature and is
ready for his approval or rejection.
x. Presidential Action in the Bill
1. A bill is passed in three ways [Article VI, Section 27(1) of the 1987 Constitution]:
Section 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he
approves the same he shall sign it; otherwise, he shall veto it and return the same with his objections to the House
where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such
reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with
the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the
Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or
nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall
communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof,
otherwise, it shall become a law as if he had signed it.
a. When the President signs it
b. When the President does not sign nor communicate his veto of the bill within 30
days after his receipt
c. When the vetoed bill is agreed to be passed by Congress by at least 2/3 vote of
all its members, voting separately.
xi. Action on Approved Bill
 1. The bill is reproduced and copies are sent to the Official Gazette Office for publication
and distribution to the implementing agencies. It is then included in the annual
compilation of Acts and Resolutions
xii. Action on Vetoed Bill
1. The message is included in the Order of Business. If the Congress decides to override the
veto, the House and the Senate shall proceed separately to reconsider the bill or the
vetoed items of the bill. If the bill or its vetoed items are passed by a vote of 2/3 of the
Members of each House, then such bill or items shall become law.

III. CONSTITUTIONALITY TEST IN THE PASSAGE OF A BILL

1. Every bill passed by Congress shall embrace only one subject which shall be expressed in the title thereof
[Article VI, Section 26(1) of the 1987 Constitution]
2. No bill passed by either house shall become a law unless it has passed 3 readings on separate days, and printed
copies thereof in its final form have been distributed to each member three days before its passage, except
when the President certifies to the necessity of its immediate enactment to meet a public calamity or
emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall
be taken immediately thereafter, the yeas and nays entered in the journal [Article VI, Section 26(2) of the 1987
Constitution]
a. The Three Reading Rule – The rule is designed to prevent hasty and improvident legislation and afford
the legislators time to study and deliberate the measures. The only exception to the rule is when the
President certifies the necessity of the immediate enactment of the bill to meet a public calamity or
emergency.
3. Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves
the same, he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where
it originated, which shall enter the objections at large in its journal and proceed to reconsider it. If, after such
reconsideration, two-thirds of all the members of such House shall agree to pass the bill, it shall be sent,
together with the objections to the other House by which it shall likewise be reconsidered, and if approved by
two-thirds of all the members of that House, it shall become a law. In all such cases, the votes of each House
shall be determined by yeas and nays, and the names of the members voting for or against shall be entered in its
journal. The president shall communicate his veto or bill to the House where it originated within thirty days after
the date of receipt thereof; otherwise, it shall become a law as if he signed it [Article VI, Section 27(1) of the
1987 Constitution]

IV. PARTS OF STATUTES (TPEBSRSE)

1. Title
a. It is the heading on the preliminary part, furnishing the name by which the act is individually known. It is
usually prefixed to the statute in the form of a brief summary of its contents.
b. Can a bill embrace more than one subject?
i. No. Article VI, Section 26(1) of the 1987 Constitution requires “Every bill passed by Congress
shall embrace only one subject which shall be expressed in the title hereof”.
c. One Subject – One Title Rule
i. Purpose
1. Prevent hodgepodge or log-rolling legislation - Hodgepodge / Log-rolling is a
mischievous legislative practice of embracing in one bill several distinct matters, none of
which, perhaps, could singly obtain the assent of the legislator, and then procuring its
passage by a combination of the minorities in favor of each of the measure into a
majority that will adopt them all. The object of such kind of legislation is to unite the
legislators who favor any one of the subjects in support of the whole act.
2. Prevent fraud and surprise through introduction of provisions not germane to the
statute (which have not received notice, action, and study of the legislators)
3. Fairly apprise the legislators and the public of the subject of legislation
 4. Serve as guide to ascertain legislative intent
ii. Effect of Violating the One Subject – One Title Rule
1. Statutes passed in violation of said requirements shall be declared void by the courts.
However, this requirement shall be reasonably applied in order not to interfere unduly
with the enactment of necessary legislation
iii. Test of Sufficiency of a Title
1. The title of a bill need not be a catalogue or an index of its contents, and need not recite
the details of the Act. It is a valid title if it indicates in broad but clear terms the nature,
scope, and consequences of the proposed law and its operation.
2. It is sufficiently complied with if the title is comprehensive enough as to include the
general object which the statute seeks to effect, and where the persons interest are
informed of the nature, scope, and consequences of the proposed law and its operation.
3. In case of doubt as to the sufficiency of the Title of the Act, the legislation should be
sustained. The presumption is in favor of the validity of the acts.
4. Is the requirement applicable to Ordinances (Municipal, City, and Provincial)?
a. NO. It is not applicable to said ordinances because they are not laws enacted by
the Congress. Article VI, Section 26(1) of the 1987 Constitution states that
“Every bill passed by Congress shall embrace only one subject which shall be
expressed in the title hereof”.
2. Preamble
a. It is the part of statute explaining the reasons for its enactment and the objects sought to be
accomplished. Usually, it starts with the word “whereas”. It is a declaration by the legislature of the
reasons for the passage of the statute and is helpful in the interpretation of any ambiguities within the
statute to which it is prefixed.
3. Enacting Clause
a. It is the part of the statute that indicates the authority that promulgated the enactment. The enacting
clause is not essential to the validity of the law but this clause clothes the statute with a certain dignity
because the specific authority that promulgated the law is therein stated.
4. Body
a. It is what the law is all about. It should embrace only one subject matter. The provisions, although
different and diverse, must be allied and germane to the subject and purpose of the bill.
5. Separability Clause (Severability Clause)
a. it is the part of the statute which provides that in the event that one or more provisions are declared
void or unconstitutional, the remaining provisions shall be in force.
6. Repealing Clause
a. It is the part of the statute which announces the prior statutes or specifies provisions which have been
abrogated by reason of the enactment of the new law.
7. Saving Clause
a. It is a restriction in a repealing act, which is intended to save rights, pending proceedings, penalties, etc.,
from the annihilation which would result from an unrestricted repeal.
8. Effectivity Clause
a. It is the part of the statute which announces the effective date of the law. It is usually 15 days from the
publication in the Official Gazette or in a newspaper of general circulation.
EXAMPLES:
Title: Republic Act No. 9298 “AN ACT REGULATING THE PRACTICE OF ACCOUNTANCY IN THE PHILIPPINES, REPEALING
FOR THE PURPOSE PRESIDENTIAL DECREE NO. 692, OTHERWISE KNOWN AS THE REVISED ACCOUNTANCY LAW,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Preamble: “Whereas…” This part is not present in the text of R.A. No. 9298.
Enacting Clause: “Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled.”
Body: It is made up of sections composing the entire law.
Separability Clause: Section 42. Separability Clause. - If any clause, provisions, paragraph or parts thereof shall be
declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any other part hereof, but shall
be merely confined to the clause, provisions, paragraph or part directly involved in the controversy in which such
judgment has been rendered.
Repealing Clause: Section 43. Repealing Clause. - Presidential Decree No. 692 is hereby repealed and all other laws,
orders, rules and regulations or resolutions or part/s thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
Saving Clause: This part is not present in the text of R.A. No. 9298.
Effectivity Clause: Section 44. Effectivity. - This Act shall take effect after Fifteen (15) days following its publication in the
Official Gazette or in any major daily newspaper of general circulation.

V. NOMENCLATURE OF PHILIPPINE LAWS

Public Act Legislations during the American rule of the Philippines between 1901
to 1935. The first legislative body was the Philippine Commission and
succeeded by the Philippine Congress.
Commonwealth Act Legislations during the Philippine Commonwealth between 1936 to
1946.
Batas Pambansa Legislations during the tenure of President Marcos enacted by the
Batasan Pambansa between 1978 to 1985.
Presidential Decree Legislations by President Ferdinand Marcos during his martial law
starting 1972.
Presidential Proclamation While not exactly legislative enactments, these had the effects of
legislations during the martial law of President Ferdinand Marcos
Executive Order Legislations by President Corazon Aquino after the EDSA Revolution
during the period of the Provisional Constitution of 1986 to 1987
Presidential Proclamation Legislations by President Corazon Aquino after the EDSA Revolution
during the period of the Provisional Constitution of 1986 to 1987
Republic Act Legislations by the Philippine Congress under a republic between
1946 to 1972, and 1987 to the present

VI. PRESIDENTIAL ISSUANCES & ORDINANCE POWER OF THE PRESIDENT

1. Presidential Issuances
a. Those which the President issues in the exercise of his Ordinance Power.
2. Ordinance Power
a. It is an inherent power of the President and is not delegated by Congress.
b. The President has inherent ordinance powers covering the executive branch as part of the power of
executive control. The President shall have control of all the executive departments, bureaus, and
offices. [Article VII, Section 17 of the 1987 Constitution]
c. Corollary to the power of control, the President also has the duty of supervising the enforcement of laws
for the maintenance of general peace and public order.
Ordinance Power of the President
[Chapter 2, Book III, Administrative Code of 1987]
Executive Orders Acts of the President providing for rules of a general or
(Section 2) permanent character in implementation or execution of
constitutional or statutory powers.
Administrative Orders Acts if the President which relate to particular aspect of
(Section 3) governmental operations in pursuance of his duties as
administrative head.
Proclamations Acts of the President fixing a date or declaring a status or
(Section 4) condition of public moment or interest upon the existence
of which the operation of a specific law or regulation is
made to depend.
Memorandum Orders Acts of the President on matters of administrative detail or
(Section 5) of subordinate or temporary interest which only concern a
particular officer or office of the Government.
Memorandum Circulars Acts of the President on matters relating to internal
(Section 6) administration, which the President desires to bring to the
attention of all or some of the departments, agencies,
bureaus, or offices of the Government, for information or
compliance.
General or Special Orders Acts and commands of the President in his capacity as
(Section 7) Commander-in-Chief of the Armed Forces of the
Philippines

VII. ADMINISTRATIVE RULES AND REGULATIONS

1. They are the rules and regulations issued by the administrative or executive offices in accordance with, and as
authorized by, law have the force and effect of law or partake the nature of the statute.
2. The rule-making power of a public administrative agency is a delegated legislative power. It may not use its
power to bridge the authority to enlarge its power beyond the scope intended.
3. Requirements for the Validity of Rules and Regulations:
a. Rules should be germane to the objects and purposes of the law
b. Rules be not in contradiction with, but conform to, the standards that the law prescribes
c. Rules be for the sole purpose of carrying into effect the general provisions of the law.
4. When an administrative agency promulgates rules and regulations, it makes “a new law with the force and
effect of a valid law”. The rules promulgated pursuant to law are binding on the courts.
5. Distinguish Administrative Rules and Regulations from Administrative Interpretation
a. Administrative Rules and Regulations – When an administrative agency promulgates rules and
regulations, it “makes” a new law with the force and effect of a valid law. The rules promulgated
pursuant to law are binding on the courts.
b. Administrative Interpretation – When the administrative agency renders an opinion or gives a statement
of policy, it merely interprets a pre-existing law. Administrative Interpretation of the law is at vest
merely advisory, for it is the courts that finally determine what the law means.

VIII. SUPREME COURT RULE-MAKING POWER

1. The Constitution granted the Supreme Court the power to promulgate its own rules. [Article VIII, Section 5(5) of
the 1987 Constitution]
ARTICLE VIII
Judicial Department
SECTION 5. The Supreme Court shall have the following powers:
(1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over
petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
 (2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may
provide, final judgments and orders of lower courts in:
(a) All cases in which the constitutionality or validity of any treaty, international or executive agreement,
law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in
relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.
(e) All cases in which only an error or question of law is involved.
(3) Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary
assignment shall not exceed six months without the consent of the judge concerned.
(4) Order a change of venue or place of trial to avoid a miscarriage of justice.
(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice,
and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to
the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy
disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or
modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.
(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.
2. Usually procedural only for the Legislative Department may create substantive laws.

IX. LEGISLATIVE POWER OF LOCAL GOVERNMENT UNITS

1. The Legislative Power of Local Government Units refer to the power of local legislative bodies to enact
ordinances, consisting of Barangay Ordinance, Municipal Ordinance, City Ordinance, and Provincial Ordinance,
as the case may be.
2. Requirements for a valid ordinance
a. Not contravene the Constitution or any Statute
b. Not be unfair or oppressive
c. Not be partial or discriminatory
d. Not prohibit but may regulate trade
e. General and consistent with public Policy
f. Not Unreasonable
3. Local Ordinances are inferior to law because local governments are only agents of the National Government.
Local councils exercise only delegated legislative powers conferred on them by the Congress as the national
lawmaking body. The delegate cannot be superior to the principal or exercise powers higher than those of the
latter.

CHAPTER 4 – VALIDITY OF STATUTES; EFFECT AND

OPERATION
I. PRESUMPTION OF CONSTITUTIONALITY
1. Every statute is presumed valid.
a. Basis: Before the legislature passes a bill, it has decided the measure to be constitutional. And when the
President approves the Bill, he has been convinced of its validity.
b. It is but a decent respect due to the wisdom, integrity, and patriotism of the legislature, by which the
law is passed, and the chief executive, by whim the law is approved, to presume of its constitutionality.
c. For the responsibility of upholding the Constitution rests not on the judiciary alone but on the legislative
and executive branches of the government.
d. To justify the nullification of a law, there must be clear and unequivocal breach of the Constitution, not a
doubtful and argumentative implication
 e. The final authority to declare a law unconstitutional is the Supreme Court en banc by the concurrence of
a majority of the Members who actually took part in the deliberations on the issues in the case and
voted thereon. [Article VIII, Section 4(2) of the 1987 Constitution]

II. REQUISITES FOR EXERCISE OF JUDICIAL POWER

1. No constitutional question will be heard unless the following requisites of judicial inquiry are complied with:
a. There must be an actual case or controversy;
b. The question must be raised by the proper party;
c. The question must be raised at the earliest opportunity; and
d. The decision of the constitutional question must be necessary to the determination of the case itself.

III. EFFECTS OF UNCONSTITUTIONAL STATUTES

1. There are two views on the effects of a declaration of the unconstitutionality of a statute:
a. Orthodox
i. An unconstitutional act is not a law, confers no right, imposes no duties, affords no protection,
creates no office; in legal contemplation, inoperative as though it had never been passed.
ii. It is stricken from the statute books and considered never to have existed at all.
iii. Not only the parties but all the persons are bound by the declaration of unconstitutionality,
which means that no one may invoke it or may the court be permitted to apply it in subsequent
cases.
iv. It is a total nullity
b. Modern (OPERATIVE FACT)
i. The court does not annul or repeal statutes if it violates the Constitution; it simply refuses to
recognize it and determines the rights of the parties just as if it had no existence.
ii. The decision affects the parties only.
iii. No judgment against the statute: opinion of the court may act as a precedent, but it does not
strike out, repeal, supersede, revoke, or annul it.
2. Partial Invalidity of a Statute
a. General Rule: Where the part of the statute is void as repugnant to the Constitution, while another part
is valid, the valid portion, if inseparable from the invalid, may stand and be enforced (Separability
Clause).
b. Reason: Legislative intended a statute to be effective as a whole and would not have passed it had it
foreseen that some part of it is invalid.
c. Exception: When the parts of the statute are so mutually dependent and connected, as conditions,
considerations, inducements, or compensations for each other, as to warrant a belief that the legislature
intended them as a whole, the nullity of one part will vitiate the rest.

VI. WHEN LAWS TAKE EFFECT

1. Rule: Where the law is silent as to its effectivity or where it provides that it shall take effect immediately or upon
its approval, such law shall take effect after fifteen (15) days from its publication in the Official Gazette or in a
newspaper of general circulation [Article 2 of the New Civil Code] [Section 18 of the Revised Administrative
Code of 1987]
2. Exception: The legislature may, by law or by the particular statute itself, provide that it shall take effect on a
particular date, or after a certain period from its publication in the Official Gazette or in a newspaper of general
circulation, in which case it shall take effect, as thus specifically provided.

V. WHEN PRESIDENTIAL ISSUANCES, RULES AND REGULATION TAKE EFFECT

1. Rules and regulations issued by administrative or executive officers to enforce or implement a law, or to fill in
the details of a statute:
 a. Publication – take effect 15 days following their publication in the Official Gazette or in a newspaper of
general circulation, unless the statute which authorizes their issuance provides a different date of
effectivity after such publication; and
b. Filing with the UP Law Center – Every agency shall file with the UPLC three certified copies of every rule
adopted by it.
2. Rules and regulations which are merely interpretative in nature or merely internal in character not concerning
the public shall take effect without need of publication

VI. WHEN LOCAL ORDINANCES TAKE EFFECT

1. For local ordinances, Section 59 of the Local Government Code shall apply.

VII. MANNER OF COMPUTING TIME

1. Basis: Article 13 of the New Civil Code in relation to Section 13 of the Administrative Code of 1987
a. When the law speaks of years, months, days or nights, it shall be understood that:
i. Year – twelve calendar months
ii. Month – thirty days, unless it refers to a specific calendar month in which case it shall be
computed according to the number of days the specific month contains
iii. Day – 24 hours
iv. Nights – from sunset to sunrise
b. When the word “week” is used as a measure of time and without reference to the calendar, it shall refer
to a period of seven consecutive days without regard to the day of the week from which it begins.
c. Where a statute requires the doing of an act within a specified number of days from notice, it means
calendar days and not working days.
d. In computing a period, the first day shall be excluded, and the last day included.

CHAPTER 5 - AIDS IN INTERPRETATION AND

CONSTRUCTION: INTRINSIC AID
I. Definition
a. It is evidence in aid of interpretation of a statute drawn from a source within the statute itself. It refers
to the elements found in the law itself.

II. Intrinsic Aids

a. Context or Text of the Statute
i. The best source to ascertain legislative intent is the statute itself: Words, phrases, sentences,
sections, clauses, or provisions.
ii. Such words and phrases must be taken as a whole and in relation to another and not from an
isolated part or particular provision.
b. Explanatory Notes
c. Long Title
i. It is the proper, official, and formal name of the statute.
ii. Example: Republic Act No. 7877, “AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE
EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES”
d. Preamble (The Whereas Clauses)
i. Although it is not an essential part of the statute, it is important if there is ambiguity in the
meaning since it states the purpose, reason, or justification for the enactment of the law. Some
laws do not contain preamble at all. It is usually found in laws enacted during the martial law. It
is a rich source of the intent of the congress, e.g. evil sought to be remedied.
ii. It is found only in presidential decrees issued by the president in the exercise of his legislative
power since Congress usually includes an explanatory note.
 iii. It cannot enlarge or confer powers, or cure inherent defects in the statute.
e. Short Title
i. It is the shorter version of the long title to be adopted for easier reference to the statute
ii. Example: Republic Act No. 7877, Anti-Sexual Harassment Act of 1995
f. Section Headings (Chapter, Article, Section)
i. It is a convenient index to the contents of the Provision. Some provisions are applicable only to
cases found within certain chapters.
ii. They cannot have the effect of limiting the operative words contained in the body of the text.
g. Punctuation
i. If the punctuation of the statute gives it a meaning that is reasonable and in apparent accord
with the legislative will, it may be used as an additional argument for adopting the literal
meaning of the words thus punctuated.
ii. In Philippine jurisprudence, it is the duty of all officers of the court to cite the rulings and
decisions of the Supreme Court accurately, even “word-for-word and punctuation mark-for-
punctuation mark.” Otherwise, “if not faithfully an exactly quoted, the decisions and rulings of
this Court may lose their proper and correct meaning, to the detriment of other courts, lawyers,
and the public who may thereby be misled.
h. Capitalization of Letters
i. Definition Sections and Interpretation Clauses in the Act
i. If the legislature has defined the words used in the statute and has declared the construction to
be placed thereon, such definition or construction should be followed by the courts. The rules
are as follows:
1. If a law provides that in case of doubt, it should be construed or interpreted in a certain
manner, the courts should follow such instruction;
2. In case of conflict between the interpretation clauses and the legislative meaning, as
revealed by the statute considered in its totality, the latter shall prevail;
3. A term is used throughout the statute in the same sense in which it is first defined;
4. Legislative definition of similar terms in other statute may be resorted to except where a
particular law expressly declares that its definition therein is limited in application to the
statutes in which they appear.

CHAPTER 6 - AIDS IN INTERPRETATION AND

CONSTRUCTION: EXTRINSIC AID
I. Extrinsic Aid
a. It is evidence in aid of interpretation of a statute drawn from a source outside of the statute; facts or
matters not found in the law; aids from outside sources, meaning outside the four corners of the
statute.

II. Samples
a. Textbooks and eminent writers on law
i. It is presumed that the meaning publicly given in a statute by the members of the legal
profession is a true one and regarded as one that should be lightly changed.
ii. The opinion and commentaries of text writers and legal commentators, whether they are
Filipinos or foreigners, may also be consulted as, in fact, they are oftentimes cited or made as
references in court decisions.

b. Dictionaries (legal, scientific, general)

i. Used when statutes do not define the words or phrases used and the purpose or context in
which the words are employed. However, definitions are not binding on courts.
 ii. General Rule: Dictionaries usually define words in their natural, plain, and ordinary acceptance
and significance.
iii. Presumption: Lawmakers, ordinarily untrained philologists and lexicographers use words in their
common meaning.
iv. Exception: When the statute has defined the words used and/or the legislature has intended a
technical or special legal meaning to these words.
c. Treaties and International Conventions
d. Legislative History
i. The origin and history of the statute.
ii. Refers to all its antecedents from its inception until its enactment into law.
iii. Covers the period and steps done from the time the bill is introduced until it is finally passed by
the legislature.
President’s Message to Indicates his thinking on the proposed legislation which, when enacted into law, follows
Legislature this line of thinking.
Legislative Debates, Views, Actual proceeds of the legislative body (committee reports of legislative investigations
and Deliberations and public hearings, sponsorship speech, debates and deliberations)
Reports of Commissions Usually present in the codification of laws for they compile and collate all laws on a
particular subject and prepare a draft of the proposed code
Prior laws from which Shows the legislative history that may clarify the intent of the law or shed light into its
statute is based meaning and scope
Amendment of the Statute Applies when the deleted words or phrases are not surplusage or when the intention is
clearly to change the previous meaning of the old law
Adopted Statutes The interpretation and decision of foreign courts are given great weight if the local
statute was patterned after or copied from those of another country.
Conditions at the time of Physical conditions of the country and the then circumstances that may affect the
Enactment legislative intent
History of the Times The law, being a manifestation of social culture and progress must be interpreted taking
into consideration and stage of such culture and progress including all concomitant
circumstances

iv. Contemporary Construction (Practical Constructions)

1. They are constructions places upon the statutes at the time of, or after, their
enactment.
2. Maxim: contemporanea exposition est optima et fortissimo in lege (the contemporary
construction is strongest in law)
3. Types of Executive Interpretation
a. Construction by an executive or administrative officer directly called to
implement the law (Interpretation by usage or practice)
b. Construction by the secretary of justice in his capacity as the chief legal adviser
of the government, upon request of administrative officials who enforce the law
(Advisory Opinions)
c. Handed down in an adversary proceeding in the form of a ruling by an executive
officer exercising quasi-judicial power (Ruling of quasi-judicial agencies)
4. Reasons why it is given much weight:
a. It is entitled to great weight because it comes from that particular branch of the
government called upon to implement the law thus construed.
b. They are presumed to have familiarized themselves with all the considerations
pertinent to the meaning and purposes of the law, and to have formed an
independent, conscientious, and competent expert opinion thereon.
CHAPTER 7 – PRESUMPTIVE CANONS, PRESUMPTIONS IN
AID OF CONSTRUCTION
I. Presumption
 Definition – An inference in favor of a particular fact. A presumption is a rule of law by which the finding of a
basis of fact gives rise to the existence of a presumed fact, until the presumption is rebutted.

II. Presumption Canons

PRESUMPTION AGAINST UNNECESSARY CHANGE OF LAW / PRESUMPTION
AGAINST ALTERATION OF LAW
 It is presumed that the legislature does not intend to make unnecessary changes in the pre-existing body of law.
The construction of a statute will therefore be such as to avoid any change in the prior laws beyond what is
necessary to effect the specific purpose of the act in question.
 Reason: Every statute must be construed in connection with the whole system of which it forms a part, and in
the light of the common law and of previous statutes upon the same subject.
PRESUMPTION AGAINST RETROSPECTIVE EFFECT OF LEGISLATION
 Statutory provisions do not apply to events antedating enactment unless there is clear congressional intent that
they so apply.
 Amendatory laws also apply prospectively. While an amendment is generally construed as becoming a part of
the original act as if it had always been contained therein, it may not be given a retroactive effect unless it is so
provided expressly or by necessary implication and no vested right or obligations of contract are thereby
impaired.
 Remedial Statutes can be applied retroactively:
o Statutes that are remedial, or that do not create new or take away vested rights, do not fall under the
general rule against the retroactive operation of statutes.
o Rules of procedure may be applied retroactively to actions pending and undetermined at the time of
their passage.
PRESUMPTION AGAINST IMPLIED REPEALS
 Absence of a repealing clause:
o The failure to add a specific repealing clause particularly mentioning the statute to be repealed indicates
that the intent was not to repeal any existing law on the matter, unless an irreconcilable inconsistency
and repugnancy exists in the terms of the new and the old law.
o Maxim: Leges posteriores priores contrarias abrogant (A later law repeals a prior law on the same
subject which is repugnant thereto)
 There is no implied repeal when one is a general law and the other is a special law.
o When there are two acts or provisions, one of which is special and particular, and the other general,
which, if standing alone, would include the same matter and thus conflict with the special act or
provision, the special must be taken as intended to constitute an exception to the general act or
provision.
o However, if the general and the special laws are so repugnant that they cannot be reconciled, the
special law prevails.
o Maxim: Lex specialis derogate legi generalis (A law governing a specific subject matter overrides a law
that only governs general matters.
PRESUMPTION AGAINST UNCONSTITUTIONALITY
 Laws are presumed constitutional.
 To justify nullification of law, there must be a clear and unequivocal breach of the constitution.
 Rationale: As the joint act of the legislative and executive authorities, a law is supposed to have been carefully
studied and determined to be constitutional before it was finally enacted.
  In cases of partial unconstitutionality, the parts that are valid and constitutional will be separated and sustained.
STRICT CONSTRUCTION OF PENAL LAWS IN FAVOR OF THE CITIZEN
 The fundamental principle in applying and in interpreting criminal laws is to resolve all doubts in favor of the
accused.
 When in doubt, rule for the accused.
 Maxim: In dubio pro reo (In doubt, for the accused)
 This is in consonance with the constitutional guarantee that the accused shall be presumed innocent unless and
until his guilt is established beyond reasonable doubt.
 Rule of Lenity:
o In construing an ambiguous criminal statute, the court should resolve the ambiguity in favor of the
defendant. Thus, penal statutes should be strictly construed against the government or parties seeking
to enforce statutory penalties and in favor of the persons on whom the penalties are sought to be
imposed.
o The rule applies when the court is faced with two possible interpretations of a penal statute, one that is
prejudicial to the accused and another that is favorable to him. The rule calls for the adoption of an
interpretation which is more lenient to the accused.
PRESUMPTION AS TO JURISDICTION OF COURTS
 It is a presumption against excluding the court from determining the case.
 It is presumed that ordinary courts of law have jurisdiction over people. A law which deprives courts of
jurisdiction or deprives the people of access to courts is frowned upon.
PRESUMPTION AGAINST ABSURDITY
 It is presumed that the legislature does not intent an absurdity, or that absurd consequences shall flow from its
enactments.
 Maxims
o Lex semper intendit quod convenit rationi (The law always intends what is agreeable to reason)
o Interpretatio talis in ambiguis semper frienda est, ut evitatur inconveniens et absurdum (When there is
ambiguity, an interpretation that will avoid inconvenience and absurdity is to be adopted)
 It is no more than the presumption that the legislators are gifted with ordinary good sense.
PRESUMPTION AGAINST INEFFECTIVENESS
 It is presumed that the legislature intends to impart to its enactments such a meaning as will render them
operative and effective, and to prevent persons from eluding or defeating them.
 Maxim: Interpretatio frienda est ut res magis valeat quam pereat (A law should be interpreted with a view to
upholding rather than destroying it)
PRESUMPTION AS TO PUBLIC POLICY
 It is presumed that the legislature intends its enactments to accord with the principles of sound public policy
and the interests of public morality, not to violate them.
 Public Policy: That principle of the law which holds that no subject or citizen can lawfully do that which has a
tendency to be injurious to the public or against public good.
PRESUMPTION AGAINST IRREPEALABLE LAWS
 It is always presumed that, in case of doubt or ambiguity, the legislature does not intend to derogate from the
authority of its successors, to make irrepealable laws, or to divest the state of any portion of its sovereign
power.
 “To be sure, there are no irrepealable laws just as there are no irrepealable Constitutions. Change is the
predicate of progress and we should not fear change.” (J. Puno)
 FINALS COVERAGE
CHAPTER 8 – CONSTRUCTION AND INTERPRETATION OF
WORDS AND PHRASES
I. Interpretation of Words and Phrases
Overview
Words or phrases may have ordinary, generic, restricted, technical, legal, commercial or trade meaning, which may be
defined by the statute itself or have received a judicial construction. Which meaning should be given a word or phrase
rests upon what legislature intended.

1. Ordinary Meaning
 The general rule is that words should be given their plain, ordinary, and common usage meaning.
 Natural, ordinary, commonly accepted, and most obvious signification

2. Statutory Definition
 When statute defines words and phrases, legislative definition controls the meaning of statutory word,
irrespective of any other meaning words have in ordinary usual sense.
 Statutory definitions are controlling in so far as the said Act is concerned.
 No usurpation of court function in interpreting since it merely legislates what should form part of the law itself.
 LIMITATIONS
o Controlling in the act concerned and not in other statutes even if the same word or term is used.
o If the application creates obvious incongruities in the language of the statute, destroys the purpose, or
become illogical

3. General Words
 Words of general significance in a statute are to be taken in their ordinary and comprehensive sense.
 A general word should not be given a restricted meaning when no restrictions are indicated.
 If a word in a statute has both restricted and general meaning, the general rule must prevail over the restricted
unless the nature of the subject matter or the context in which it is employed clearly indicates that the limited
sense is intended.
 LATIN MAXIMS
o Generalia verba sunt generaliter intelligenda (What is generally spoken shall be generally understood)
o Generale dictum generaliter est interpretandum (A general statement is understood in a general sense)

4. Where the law does not distinguish

 Corollary of the principle that general words and phrases in a statute should be accorded their natural and
general significance.
 Corollary to this is where the law does not make any exceptions, the court may not except something from it.
 LATIM MAXIM: Ubi lex non distinguit nec nos distinguire debemos (Where the law does not distinguish, the
courts should not distinguish)
 PRESUMPTION: The legislature made no classification in the use of a general word or expression.
 EXCEPTION: Where there are facts or circumstances showing that the legislature intended a distinction or
qualification.

5. Commercial or Trade Meaning

 Words and phrases which are in common use among traders and merchants, acquire trade or commercial
meanings which are generally accepted in the community in which they have been in common use.
 In the absence of intent to contrary, trade and commercial terms in a statute are presumed to have been used in
their trade and commercial sense.
6. Technical or Legal Meaning
 Words used in technical sense, or have been judicially construed to have a certain meaning, or has a well-known
meaning.
 Should be interpreted according to the sense in which they have been previously used, although the sense may
vary from the strict or literal meaning of the words.

7. Identical Terms
 A word or phrase repeatedly used will bear the same meaning throughout the statute; presumed to be used in
the same sense throughout the law.

8. Purpose of Statute
 The purpose is that which induced the legislature to enact the statute.
 Hence, the court should adopt that interpretation that accords best with the manifest purpose of the statute or
promotes or realizes its object.
 Construction should be rejected if it negates the purpose of the law.

9. Relation to other provisions

 Words and phrases must be interpreted in relation to other provisions, and not in isolation.
 Variation of construction as a whole.

10. Dictated by Context

 The context in which the word or term is employed may dictate a different sense. A word is to be understood in
the context in which it is used.
 The context dictates how words should be construed.
o Broad sense to a word of ordinary limited meaning (e.g. riparian refers not only those living near the
river but have a water frontage)
o Limited meaning of a word of broad signification (e.g. overthrow in the Anti-Subversion Act is limited to
those by force or violence)
o Generic in one part, limited in another (e.g. owner may be real owner or the manager.
 MAXIM: Verba accipienda sunt secundum materiam (a word is to be understood in the context in which it is
used)

11. Disjunctive and Conjunctive Words

 Disjunctive words signify disassociation and independence of one thing from each other enumerated (e.g. “or”)
 Conjunctive words such as “together with”, “joined with”, “along or together with”, “added to or linked to” are
used to conjoin word with word, phrase with phrase, clause with clause (e.g. “and”)

II. ASSOCIATED WORDS

Overview
These are Rules of Language which simply refer to the way in which people speak in certain contexts

1. Noscitur a sociis (It is known from its associates)

 Where a particular word or phrase is ambiguous in itself or equally susceptible of various meanings, its correct
construction may be made clear and specific by considering the company of words in which it is found or with
which it is associated.
 To remove doubt, refer to the meaning of associated or companion words.
2. Ejusdem generis (Of the same kind, class or nature)
 Where general words follow specific words in a statutory enumeration, the general words are construed to
embrace only objects similar in nature to those objects enumerated by the preceding specific words.
  PRESUMPTION: Had the legislature intended the general words to be used in their generic and unrestricted
sense, it would not have enumerated specific words since the minds of the legislators are addressed to the
particularization.
 REQUIREMENTS
o Enumeration of particular and specific words followed by a general word.
o The specific words constitute a class or of the same kind.
o Enumeration is not exhaustive or be an example.
o No indication of legislative intent to give the general words or phrases a broader meaning.

3. Expressio unius est exclusion alterius (The express mention of one person, thing or consequence implies the
execution of all others)
 Also known as the Doctrine of Negative Implication. It means that what is expressed puts an end to that which is
implied.
 PRESUMPTION: The legislature would not have made specified enumerations in the statute had the intention
been not to restrict its meaning and confine its terms to those expressly mentioned.
 LIMITATIONS
o Not applicable where words are used by example only or to remove doubts.
o When the enumeration was not intended to be exclusive.
o If there is no reason why other persons or things not so enumerated should not have been included and
manifest injustice will follow by non-inclusion (violation of equal protection clause).
o When it defeats the plainly indicated purpose of the legislature.
o If it leads to inconvenience, hardship and injury to public service.

4. Casus omissus pro ommisso habendus est (A person, object, or thing omitted from an enumeration must be held to
have been omitted intentionally)
 The maxim operates only if and when the omission has been clearly established, and in such a case what is
omitted in the enumeration may not, by construction, included therein.
 EXCEPTION: Where legislature did not intend to exclude the person, thing, or object from the enumeration. If
such legislative intent is clearly indicated, the court may supply the omission if to do so will carry out the clear
intent of the legislature and will not do violence to its language.

5. Doctrine of Last Antecedent

 Qualifying words restrict or modify only the words or phrases to which they are immediately associated not
those which are distantly or remotely located.
 MAXIM: Ad proximum antecedens fiat relatio nisi impediatur sententia (Relative words refer to the nearest
antecedents, unless the context otherwise requires)
 RULE: Use of a comma to separate an antecedent from the rest exerts a dominant influence in the application of
the doctrine of last antecedent.
 QUALIFICATIONS
o Subject to the exception that where the intention of the law is to apply the phrase to all antecedents
embraced in the provision, the same should be made extensive to the whole.
o Doctrine does not apply where the intention is not to qualify the antecedent at all.

6. Reddendo singular singulis (Referring each to each; referring each phrase or expression to its appropriate object; or
let each be put in its proper place)
 Variation of the Doctrine of Last Antecedent
 Words should be taken distributively (each word is to be applied to the subject to which it appears by context
most appropriately related and most applicable)
III. Proviso, Exceptions, and Saving Clauses
1. Proviso
 Limit the application of the enacting clause, section, or provision of a statute, or to except something from it, or
qualify, or restrain its generality, or to exclude some possible ground of misinterpretation of it.
  Commonly found at the end of a section, provision, and introduced by the following “provided” or “but nothing
herein”.
 Repugnancy between proviso and main provision: If there is a repugnancy between a proviso and the main
provision, the first step is harmonizing the two. If there is an irreconcilable conflict, that which is located in a
later portion of the statute prevails since it is the latest expression of legislative intent.

2. Exceptions
 Clause which exempts or removes something from the operation of a statute by express words.
 Word used: “except”, “unless”, “otherwise”, “shall not apply”
 May not be introduced by words mentioned above. An exception will be construed as such if it removes
something from the operation of a provision of law.

PROVISO and EXCEPTION DISTINGUISHED

Proviso Exception
Defeats the operation conditionally Exempts something absolutely from the operation of a
statute by express words in the enacting clause
Avoids something by way of defeasance or excuse Takes out of the statute something that would otherwise
be a part of its subject matter
It modifies the statute by engrafting a new provision, by Generally a part of the enactment itself; absolutely
way of amendment. excluding from its operation some subject or thing that
would otherwise fall within its scope
It is said that one of the functions of a proviso is to except something from an enacting clause. In this sense, proviso and
exception are similar

3. Saving Clause
 A clause in the provision of law which operates to except from the effect of the law what the clause provides, or
save something which would otherwise be lost.
 Used to safe something from the effect of repeal of statute.
 CHAPTER 9 - STATUTE CONSTRUED AS WHOLE & IN
RELATION TO OTHER STATUTES
I. Statute Construed as a Whole
Overview
 Because a statute is enacted as a whole and not in parts, every part is as important as the other. Hence, in order to
properly and intelligently construe a provision or section of a statute, understand its meaning and scope, and apply
it to an actual case, the courts should consider the whole act itself.
 MAXIM: Optima statuti interpretatrix est ipsum statutum (The best interpreter of a statute is the statute itself)

Presumption
 The legislature has enacted a statute whose provisions are in harmony and consistent with each other and that
conflicting interpretation in the same statute are never supposed or regarded.

Exception
 If one part of a statute cannot be reconciled or harmonized without nullifying one in favor of another, the court
should construe it by choosing the one which will best effectuate the legislative intent.

Construction as to give life to the law

 Provide sensible interpretation to promote the ends of which they were enacted.
 Construe them in a reasonable and practical way to give life to them.
 PRESUMPTION: The legislature did not do a vain thing in the enactment of a statute.

Construction to avoid surplusage

 The statute should be construed as to make no part of it a useless surplusage
 All efforts should be exerted to give some meaning to every word or phrase in a statute.
 PRESUMPTION: The legislature is presumed to have used the word or phrase for a purpose, and not to insert a
provision which is unnecessary.

Statute and its Amendments construed together

 Changes made by the legislature, in the form of amendments, should be given effect together with the other parts
of the amended act.
 PRESUMPTION: It is not presumed that the legislature, in making such changes, was indulging in mere semantic
exercise. There must be some purpose in making them.

II. Construction in Relation to the Constitution

 As the fundamental law of the land, all statutes should be subservient to the Constitution. Hence, any statute should
be construed in harmony with, and not in violation of it.
 PRESUMPTION: The legislature, in enacting a law, is presumed to have adhered to the constitutional limitations. It
was the intention of the legislature to enact a valid, sensible, and just law.
 Every intendment of the law should lean towards its validity, and the court should favor that construction which
gives it the greater chance of surviving the test of constitutionality.
 If a statute is reasonably susceptible of two constructions, one constitutional and the other constitutional, that
construction in favor of its constitutionality shall be made and the construction that will render it invalid rejected.

III. Construction in Relation to Other Statutes

 Statutes in pari material (“upon the same matter or subject”)
 Two or more statutes relate to the same specific subject matter
 Relate to the same person or thing, or have the same purpose or object or cover the same specific or particular
subject matter
 PRESUMPTION: Laws are consistent with each other. Whenever a legislature enacts a law, it has in mind the
previous statutes relating to the same subject matter, and in the absence of any express repeal or amendment, the
new statute is deemed enacted in accord with the legislative policy embodied in those prior statutes.
 MAXIM: Interpretare et concordare leges legibus est optimus interpretandi modus (every statute must be so
construed and harmonized with other statutes as to form a uniform system of jurisprudence)

IV. Statutes in Pari Materia

General and Special Statutes
 GENERAL RULE: The special must prevail since it evinces the legislative intent more clearly than that of a general
statute and must be taken as intended to constitute an exception to the general act.
 EXCEPTIONS
o Where the legislature clearly intended the later general enactment to cover the whole subject and to repeal
all prior inconsistent laws
o Where the special law merely establishes a general rule while the general law creates a specific and special
rule

Reference Statutes
 Refers to other statutes and makes them applicable to the subject of legislation.
 Used to avoid encumbering the statute books of unnecessary repetition.
 Adoption by reference of a statute previously repealed revives that statute but does not include subsequent
changes or modification.

Supplemental Statutes
 Intended to supply deficiencies in existing statutes
 Supplemental statutes should be read with the original statute and construed together

Re-enacted Statutes
 Statute which re-enacts a previous statute or provision
 Reproducing an earlier statute with the same or substantially the same words
 In construing the re-enacted statute, the court should take into account prior contemporaneous construction and
give due weight and respect to it.
o LIMITATION: Applicable only when the statute is capable of the construction given and when that
construction has become a settled rule of conduct.

Adopted Statutes
 A statute patterned after, or copied from a statute of a foreign country.
 In construing adopted statutes, the court must take into consideration:
o Construction of the law by the courts of the country from which it is taken
o Law itself
o Practices under it
 CHAPTER 10 – STRICT AND LIBERAL CONSTRUCTION AND
INTERPRETATION OF STATUTES
I. General Principles
Strict Construction
 It is that construction according to the letter of a statute, which recognizes nothing that is not expressed, takes the
language used in its exact meaning, and admits no equitable consideration.
 It means that the scope of the statute shall not be enlarged or extended by implication, intendment, or equitable
consideration beyond the literal meaning.
 It is a close and conservative adherence to the literal or textual interpretation.
 LIMITATIONS: It does not mean that the statute should be given its narrowest meaning, nor does it mean that words
should be restricted as not to have their full meaning.

Liberal Construction
 It means such equitable construction as will enlarge the letter of a statute to accomplish its intended purpose, carry
out its intent, or promote justice.
 It is that which expands the meaning of the statute to meet cases which are clearly within the spirit or reason of it.
 EXCEPTIONS: If the statute is plain, clear, and unambiguous, enlargement of the provision is prohibited. Nor does it
mean that the words be forced out of their natural meaning.

When to strictly or liberally construe

 Whether a statute is to be given a strict or liberal construction will depend upon the following:
o Nature of the statute;
o The purpose to be subserved;
o The mischief to be remedied.
 RATIONALE: To give the statute the interpretation that will best accomplish the end desired and effectuate
legislative intent.

II. Statutes Strictly Construed

1. Penal Statutes
2. Statutes in Derogation of Rights
a. Statutes Authorizing Expropriations
b. Statutes Imposing Taxes and Custom Duties
c. Statutory Grounds for Removing Officials
3. Statutes Granting Privileges
a. Legislative Grants to Local Government Units
b. Naturalization Laws
c. Statutes Granting Tax Exemptions
d. Statutes Prescribing Formalities of Will
4. Statutes Concerning the Sovereign
a. Statutes Authorizing Suits Against the Government
5. Exceptions and Provisos

III. Statutes Liberally Construed

1. General Social Legislation
2. Grant of Power to Local Governments
a. General Welfare Clause
b. Statutes Granting Taxing Power to Local Government
3. Statutes Prescribing Prescriptive Period to Collect Taxes
 4. Statutes Imposing Penalties for Nonpayment of Taxes
5. Election Laws
6. Amnesty Proclamations
7. Statutes Prescribing Prescription of Crimes
8. Adoption Statutes
9. Veteran and Pension Laws
10. Rules of Court
11. Other Statutes
a. Curative Statutes
b. Prohibition Law
 CHAPTER 11 – MANDATORY AND DIRECTORY STATUTES
I. Definition
Mandatory Statutes
 A statute which commands either positively something be done, or performed in a particular way, or negatively that
something not be done, leaving the person concerned no choice on the matter except to obey.
o Contains words of command or prohibition.
o Uses the words “shall”, “must”, “ought”, “should”; prohibitions such as “cannot”, “shall not”, “ought not”.
 EXAMPLES
o Statutes Conferring Power
o Statutes Granting Benefits
o Statutes Prescribing Jurisdictional Requirements
o Statutes Prescribing Time to Take Action or Appeal
o Statutes Prescribing Procedural Requirement
o Election Laws on conduct of Election
o Election Laws on Qualifications and Disqualifications
o Statutes Prescribing Qualifications for Office
o Statutes Relating to Assessment of Taxes
o Statutes Concerning Public Auction Sale
Directory Statutes
 Permissive or discretionary in nature and merely outlines the act to be done in such a way that no injury can result
from ignoring it or that its purpose can be accomplished in a manner other than that prescribed and substantially
the same result obtained.
 Uses the words “may”
 EXAMPLES:
o Prescribing Guidance for Officer
o Prescribing Manner of Judicial Action
o Rendition of Decision within Prescribed Period

II. When Statute is Mandatory or Directory

 Whether a statutory requirement is mandatory or directory depends on its effect. There is no universal rule by
which directory provisions in a statute may, in all circumstances, be distinguished from those which are mandatory.
Neither is there an absolute test for determining whether a statutory direction is to be considered mandatory or
directory.
 In the determination of this question, the primary object is to ascertain legislative intent. The legislative intent
must be obtained from all the surrounding circumstances, and the determination does not depend on the form of
the statute.
CHAPTER 12 – PROSPECTIVE AND RETROACTIVE STATUTES
I. In General
 Statutes are to be construed as having only prospective application, unless the intendment of the legislature is to
give them a retroactive effect is expressly declared or is necessarily implied from the language used. Presumption is
prospectivity.
 Uses the words hereafter, thereafter, shall have been made, from and after, shall take effect upon its approval.
 The Constitution does not prohibit the enactment of retroactive statutes which do not impair the obligation of
contracts, deprive persons of property without due process of law, or divest rights that have become vested, or
which are not in the nature of ex post facto laws.

Prospective Statutes
 A statute which operates upon facts or transactions that occur after the statute takes effect, one that looks and
applies to the future.
Retroactive Statutes
 A statute which creates new obligation, imposes a new duty or attaches a new disability in respect to a past
transaction.

II. Statutes Given Prospective Effect

Penal Statutes
 As a general rule, penal laws or those laws which define offenses and prescribe penalties for their violation operate
prospectively.
 MAXIM: Nullum crimen sine poena, nulla poena sine legis – There is no crime without a penalty, and there is no
penalty without a law.
 It is well-settled that penal laws cannot be given retroactive effect, except when they are favorable to the accused.
 Article 22 of the Revised Penal Code states that Penal laws shall have retroactive effect insofar as they favor the
person guilty of felony, who is not a habitual criminal, although at the time of the publication of such laws, a final
sentence has been pronounced and the convict is serving the same.
 EXCEPTIONS
o Where the accused is a habitual delinquent;
o Where the later statute expressly provides that it shall not apply to existing actions or pending cases;
o Where the accused disregards the later law and invokes the prior statute under which he was
prosecuted.

Ex Post Facto
 Article III, Section 22 of the 1987 Constitution provides that no ex post facto law shall be enacted.
 EXAMPLES: A law which makes criminal an act done before the passage of the law and which was innocent when
done, and punishes such act.
 The prohibition against ex post facto law is limited in scope and applies only to criminal and penal maters.
 It is not applicable to civil laws but to penal and criminal laws which punish a party for acts antecedently done which
were not punishable at all, or not punishable to the extent or in the matter prescribed.

Bill of Attainder
 Article III, Section 22 of the 1987 Constitution provides that no bill of attainder shall be enacted.
 A bill of attainder is a legislative act which inflicts punishment without judicial trial. Its essence is the substitution of
a legislative act for a judicial determination of guilt.
 The constitutional bar against bills of attainder serves to implement the principle of separation of powers by
confining the legislature to rule-making and thereby forestalling legislative usurpation of judicial functions
Statutes Substantive in Nature
 A substantive law is a law which creates, defines or regulates rights concerning life, liberty or property, or the
powers of agencies or instrumentalities for the administration of public affairs. As applied to criminal law,
substantive law is that which declares what acts are crimes and prescribes the punishment for committing them.
 Substantive law operates prospectively.
 Substantive law will be construed as applicable to pending actions if such is the clear intent of the law, or if the
statute, by the very nature of its purpose as a measure to promote social justice or in the exercise of police power, is
intended to apply to pending actions.

Statutes Affecting Vested Rights

 A vested right or interest means some right or interest in property that has become fixed or established and is no
longer open to doubt or controversy. Rights are vested when the right to enjoyment, present or prospective, has
become the property of some particular person or persons, as a present interest.
 A statute may not be construed and applied retroactively if it impairs substantive right and has become vested, as
disturbing or destroying existing right embodied in a judgment, or creating new obligations with respect to past
transaction as by establishing a substantive right to fundamental cause of action where not existed before and
making such right retroactive, or by arbitrarily recreating a new right or liability already extinguished by operation of
law.

Statutes Affecting Obligations of Contracts

 It is well-settled that any contract entered into must be in accordance with, and not repugnant to, the applicable law
at the time of execution. Such law forms part of, and is read into, the contract even without the parties expressly
saying so.
 Later statute will not be given retroactive effect if to do so will impair the obligations of contracts, for Article III,
Section 10 of the 1987 Constitution prohibits the enactment of a law impairing the obligation of contracts.
 If a contract is legal at its inception, it cannot be rendered illegal by a subsequent legislation.

Repealing and Amendatory Acts

 While an amendment is generally construed as becoming a part of the original act as if it had always been contained
therein, it may not be given retroactive effect unless it is so provided expressly or by necessary implication and no
vested rights or obligations of contract are thereby impaired.
 In short, the general rule on the prospective operation of statutes also applies to amendatory acts.
 After a law is amended, the original law continues to be in force with regard to all rights that had accrued prior to
such amendment.
 Where a contract is entered into by the parties on the basis of the law then prevailing, the amendment of said law
will not affect the terms of said contract.

II. Statutes Given Retroactive Effect

 The general rule is that laws have no retroactive effect.
 Article 4 of the Civil Code states that Laws shall have no retroactive effect, unless the contrary is provided.

Procedural Laws
 Procedural Laws are adjective laws which prescribe rules and forms of procedure enforcing rights or obtaining
redress for their invasion; they refer to rules of procedure by which courts applying laws of all kinds can properly
administer justice. They include rules of pleadings, practice, and evidence. As applied to criminal law, they provide
or regulate the steps by which one who commits a crime is punished.
 They will be construed as applicable to actions pending and undetermined at the time passage.
 The rule that procedural laws are applicable to pending actions or proceedings admits of certain exceptions. The rule
does not apply:
o Where the statute itself expressly or by necessary implication provides that pending actions are excepted
from its operation;
o Where vested rights would be impaired.
Curative Statutes
 Curative statutes are remedial by curing defects and adding to the means of enforcing existing obligations.
 They are intended to supply defects, abridge superfluities in existing laws, and curb certain evils. They are intended
to enable persons to carry into effect that which they have designed and intended, but has failed of expected legal
consequence by reason of some statutory disability or irregularity in their own action.
 The rule does not apply:
o Where vested rights would be impaired;

Police Power Legislations

 As a rule, statutes which are enacted in the exercise of police power to regulate certain activities are applicable not
only to those activities or transactions coming into being after their passage, but also to those already in existence.
 The reason is that the non-impairment of the obligations of contract or of vested rights must yield to the legitimate
exercise of the power, by the legislature, to prescribe regulations to promote the health, morals, peace, education,
good order, safety and general welfare of the people.
 Any right acquired under a statute or under a contract is subject to the condition that it may be impaired by the
state in the legitimate exercise of its police power, since the reservation of the essential attributes of sovereign
power, one of which is the police power, is deemed read into every statute or contract as a postulate of the legal
order.

Statutes Relating to Appeals

 It is statutory and may be restricted or taken away. It is remedial or procedural in nature and applies to pending
actions in which no judgment has yet been promulgated at the time the statute took effect.
 Such statute, like other statutes, may not however be construed retroactively so as to impair vested rights.
 CHAPTER 13 – AMENDMENT, REVISION, CODIFICATION,
AND REPEAL
I. Amendment
Definition
 It is the change or modification, by addition, deletion, or alteration, of a statute which survives in its amended form.
 Power to Amend – Legislature

How Amendment is Construed

 A statute and its amendment should be read together as a whole.
 The amendment becomes a part of the original statute as if it had always been contained therein.

Amendment Operates Prospectively

 GENERAL RULE: Amendatory act operates prospectively. An amendment will not be construed as having retroactive
effect.
 EXCEPTION
o Unless the contrary is provided
o The legislative intent is to give them retroactive effect is expressly decreed or is necessarily implied from the
language used.
o EXCEPTION TO THE EXCEPTION: If to do so will impair vested rights or the obligations of contract.

Effect of Amendment on Jurisdiction

 GENERAL RULE: Jurisdiction over the subject matter is determined by the law in force at the time of the
commencement of the action; that laws should only be applied prospectively.
 EXCEPTION: Unless the legislative intent to give them retroactive effect is expressly decreed or is necessarily implied
from the language used.

Effect of Nullity of a Prior or Amendatory Act

 UNCONSTITUTIONAL ORIGINAL LAW: An invalid or unconstitutional law does not in legal contemplation, generally
speaking, exist. Hence, where a law which has been amended is invalid, nothing in effect has been amended. The
amendatory act, if complete by itself, will be considered as an original or independent act.
 UNCONSTITUTIONAL AMENDATORY LAW: It is as if the amendment did not exist, and the original statute before
the attempted amendment remains unaffected and in force.

II. Revision and Codification

 The purpose is to restate the existing laws into one statute, simplify complicated provisions, and make laws in the
subject easily found.
 In the course of revision or codification, some new provisions are inserted, some old provisions are omitted, the
phraseology is changed, and sections are rearranged,; what meaning or significance may be attached to any of these
modifications or changes.
 The different provisions of a revised statute or code should be read and construed together. The rule is that a code
is enacted as a single, comprehensive statute, and is to be considered as such and not as a series of disconnected
articles or provisions.
 In the revision or codification of laws, all parts and provisions of the old laws that are omitted in the revised statute
or code are deemed repealed, unless the statute or code provides otherwise, expressly or impliedly.
 III. Repeal
General Principles
 The power to enact a law necessarily includes the power to repeal it for the legislature cannot enact an irrepealable
law to limit the future legislative acts.
 Only the legislature can repeal laws.

Implied or Express Repeal

 Statutes usually contain a repealing clause which states “All laws or parts thereby which are inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.”
 This is not an express repealing clause because it fails to identify or designate the act or acts that are intended to be
repealed, rather, it is a clause which predicates the intended repeal upon the condition that a substantial conflict
must be found on existing and prior acts of the same subject matter.

Repeal by Implication
 Implied repeals are not favored since the presumption is against inconsistency or repugnacy.
 PRESUMPTION: Congress knows the existing laws in the subject and could not have enacted inconsistent or
conflicting laws.
 EXCEPTION: There is irreconcilable repugnancy.
 EFFECTS OF REPEAL
o On Jurisdiction
 GENERAL RULE: Where a court or tribunal has already acquired and is exercising jurisdiction over a
controversy, its jurisdiction to proceed to final determination of the cause is not affected by the new
legislation repealing the statute which originally conferred jurisdiction.
 EXCEPTION: Unless the repealing statute provides otherwise, expressly or by necessary implication.
o On jurisdiction to try criminal case
 GENERAL RULE: Cannot oust jurisdiction from a court.
 EXCEPTION: Unless the contrary is provided; if penal law is repealed since act is not anymore
considered criminal
o On vested rights
 Does not destroy or impair rights that accrued and became vested under the statute before its
repeal. Rights accrued and vested while a statute is in force survive repeal.
o On contracts
 It will not affect the terms of contract entered into by parties on the basis of the repealed laws.
o On repeal of tax laws
 GENERAL RULE: Does not preclude the collection of taxes assessed under the old law before its
repeal.
 EXCEPTION: Unless the repealing statutes provides otherwise.
 CHAPTER 14 – CONSTRUCTION AND INTERPRETATION OF
THE CONSTITUTION

I. Constitution Defined
 A constitution is a written instrument by which the fundamental powers of the government are established,
limited, and defined, and by which those powers are distributed among several departments for their safe and
useful exercise for the benefit of the body politic. [Malcolm, Philippine Constitution Law, p. 6]
 It is superior to a statute, and is called the Supreme Law of the Land.
 It differs from a statute in that a statute must provide the details of the subject of which it treats, whereas a
constitution states the general principles and builds the substantial foundation and general framework of law and
government and for that reason, a statute contrary to or in violation of the constitution is null and void.
 A constitutional provision should not be construed with a retrospective operation, unless that is the unmistakable
intention of the words used or the obvious design of the authors.
 No one provision of the constitution is to be separated from all the others, to be considered alone, but that all the
provisions bearing upon a particular subject are to be bought into view and to be interpreted as to effectuate the
great purposes of the instrument.

II. Principles of Constitutional Construction in Philippine Jurisprudence

A guideline on construing the Philippine Constitution was stated in Francisco et al. v. House of Representatives et al.,
G.R. No. 160261, 10 November 2003:
First, verbal egis, that is, wherever possible, the words used in the Constitution must be given their ordinary
meaning except where technical terms are employed. Thus, in J.M. Tuason & Co., Inc. v. Land Tenure
Administration, G.R. No. L-21064, February 18, 1970, this Court, speaking through Chief Justice Fernando,
declared:
We look to the language of the document itself in our search for its meaning. We do not of course
stop from there, but that is where we begin. It is to be assumed that the words in which constitutional
provisions are couched express the objective sought to be attained. They are to be given their
ordinary meaning except where technical terms are employed in which case the significance thus
attached to them prevails. As the Constitution is not primarily a lawyer’s document, it being essential
for the rule of law to obtain that it should ever be present in the people’s consciousness, its language as
much as possible should be understood in the sense they have in common use. What it says according
to the text of the provision to be construed compels acceptance and negates the power of the courts
to alter it, based on the postulate that the framers and the people mean what they say. Thus these are
the cases where the need for construction is reduced to a minimum.
Second, where there is ambiguity, ratio legis est anima. The words of the Constitution should be interpreted in
accordance with the intent of its framers. And so did this Court apply this principle in Civil Liberties Union v.
Executive Secretary, G.R. No. 83896, 22February 1991 in this wise:
A foolproof yardstick in constitutional construction is the intention underlying the provision under
consideration. Thus, it has been held that the Court in construing a Constitution should bear in mind the
object sought to be accomplished by its adoption, and the evils, if any, sought to be prevented or
remedied. A doubtful provision will be examined in the light of the history of the times, and the
condition and circumstances under which the Constitution was framed. The object is to ascertain the
reason which induced the framers of the Constitution to enact the particular provision and the
purpose sought to be accomplished thereby, in order to construe the whole as to make the words
consonant to that reason and calculated to effect that purpose.
As it did in Nitafan v. Commissioner on Internal Revenue, G.R. No. 78780, 23 July 1987, where, speaking
through Madame Justice Amuerfina A. Melencio-Herrera, it declared:
xxx The ascertainment of that intent is but in keeping with the fundamental principle of constitutional
construction that the intent of the framers of the organic law and of the people adopting it should be
 given effect. The primary task in constitutional construction is to ascertain and thereafter assure the
realization of the purpose of the framers and of the people in the adoption of the Constitution. It may
also be safely assumed that the people in ratifying the Constitution were guided mainly by the
explanation offered by the framers.
Finally, ut magis valeat quam pereat. The Constitution is to be interpreted as a whole. Thus, in Chiongbian v. De
Leon, G.R. No. L-2007, 31 January 1949, this Court, through Chief Justice Manuel Moran declared:
xxx The members of the Constitutional Convention could not have decided a provision of Constitution
merely for the benefit of one person without considering that it could also affect others. When they
adopted subsection 2, they permitted, if not willed, that said provision should function to the full
extent of its substance and its terms, not by itself alone, but in conjunction with all other provisions of
that great document.

III. When Courts may Rule upon Constitutional Questions

The Courts must first assume jurisdiction over a constitutional question before a possible constitutional construction can
take place. As to when a court may consider a constitutional question was discussed in Demetria v. Alba, G.R No. 71977,
27 February 1987:
In Demetria v. Alba, this Court, through Justice Marcelo Fernan cited the “Seven Pillars” of limitations of the power of
judicial review, enunciated by US Supreme Court Justice Brandeis in Ashwander v. TVA, 297 U.S. 288 (1936) as follows:
1. The Court will not pass upon the constitutionality of legislation in a friendly, non-adversary proceeding, declining
because to decide such questions “is legitimate only in the last resort, and as a necessity in the determination of
real, earnest and vital controversy between individuals. It never was the thought that, by means of a friendly
suit, a party beaten in the legislature could transfer to the courts an inquiry as to the constitutionality of the
legislative act.”
2. The Court will not “anticipate question of constitutional law in advance of the necessity of deciding it.” . . .”It is
not the habit of the Court to decide questions of a constitutional nature unless absolutely necessary to a
decision of the case.”
3. The Court will not “formulate a rule of constitutional law broader than is required by the precise facts to which it
is to be applied.”
4. The Court will not pass upon a constitutional question although properly presented by the record, if there is also
present some other ground upon which the case may be disposed of. This rule has found most varied
application. Thus, if a case can be decided on either of two grounds, one involving a constitutional question, the
other a question of statutory construction or general law, the Court will decide only the latter. Appeals from the
highest court of a state challenging its decision of a question under the Federal Constitution are frequently
dismissed because the judgment can be sustained on an independent state ground.
5. The Court will not pass upon the validity of a statute upon complaint of one who fails to show that he is injured
by its operation. Among the many applications of this rule, none is more striking than the denial of the right of
challenge to one who lacks a personal or property right. Thus, the challenge by a public official interested only in
the performance of his official duty will not be entertained . . . In Fairchild v. Hughes, the Court affirmed the
dismissal of a suit brought by a citizen who sought to have the Nineteenth Amendment declared
unconstitutional. In Massachusetts v. Mellon, the challenge of the federal Maternity Act was not entertained
although made by the Commonwealth on behalf of all its citizens.
6. The Court will not pass upon the constitutionality of a statute at the instance of one who has availed himself of
its benefits.
7. When the validity of an act of the Congress is drawn in question, and even if a serious doubt of constitutionality
is raised, it is a cardinal principle that this Court will first ascertain whether a construction of the statute is fairly
possible by which the question may be avoided.
The foregoing “pillars” of limitation of judicial review, summarized in Ashwander v. TVA from different decisions of the
United States Supreme Court, can be encapsulated into the following categories Francisco et al. v. House of
Representatives et al., G.R. No. 160261, 10 November 2003:
1. That there be absolute necessity of deciding a case
2. That rules of Constitutional Law shall be formulated only as required by the facts of the case
3. That judgment may not be sustained on some other ground
4. That there be actual injury sustained by the party by reason of the operation of the statute
 5. That the parties are not in estoppel
6. That the Court upholds the presumption of constitutionality

IV. The Constitution is Superior to a Statute

The Constitution is superior to a statute, and is called the supreme law of the land, not because it is different in nature
or character from the latter, nor because noncompliance therewith is jurisdictional, where it does not provide, but
because it is the fundamental or organic law. A constitution only differs from a statute in that the latter must provide
the details of the subject of which it treats, whereas a constitution states the general principles and builds the
substantial foundation and general framework of law and government, and for that reason a statute contrary to or in
violation of the Constitution is null and void. [Talabon v. The Iloilo Provincial Warden, G.R. No. L-1153, 30 June 1947]

V. Constitutional Provisions are presumed to be self-executing

As a general rule, the provisions of the Constitution are considered self-executing, and do not require future legislation
for their enforcement. if they are not treated as self-executing, the mandate of the fundamental law can be easily
nullified by the inaction of Congress. However, some provisions have already been categorically declared as non-self-
executing.
 CHAPTER 15 – LATIN MAXIMS: THEIR MEANING AND
IMPORTANCE

I. Latin Maxims Applicable to Statutory Construction

Absoluta sententia expositore non indigent
 When language of law is clear, no explanation of it is required
 When the law is clear, what the courts should do is to apply it, not to interpret it. Construction and interpretation
come only after it has been demonstrated that application is impossible or inadequate with them. It is not within the
power of a court to set aside the clear and explicit mandate of a statutory provision.

Dura lex sed lex

 The law may be harsh, but that is the law
 When the law is clear, there is no other recourse but to apply it regardless of its perceived harshness.
 The law is the law, and if there is a need to change, amend, or repeal it, that may be done through legislative
process, not by judicial decree.

Ejusdem generis
 Of the same kind or specie
 Where a general word or phrase follows an enumeration of particular and specific words of the same class, the
general word or phrase is to be construed to include, or to be restricted to, persons, things, or cases akin to,
resembling, or of the same kind or class as those specifically mentioned.
 Where general words follow an enumeration of persons or things, by words of a particular meaning, such general
words are not to be construed in their widest extent, but are to be held as applying only to persons or things of the
same kind or class specifically mentioned.
 REQUISITES: (1) A statute contains an enumeration of particular and specific words, followed by a general word or
phrase; (2) The particular and specific words constitute a class or are of the same kind; (3) The enumeration of the
particular and specific words is not exhaustive or is not merely by examples; and (4) There is no indication of
legislative intent to give the general words or phrases a broader meaning.

Ex necessitate legis
 By necessary implication of law
 Also known as Doctrine of Necessary Implication
 Every statute is understood, by implication, to contain all such provisions as may be necessary to effectuate its
object and purpose, or to make effective rights, powers, privileges, or jurisdiction which it grants, including all such
collateral and subsidiary consequences as may be fairly and logically inferred from its terms.

Expressio unius est exclusio alterius

 The express mention of one person, thing or consequence implies the exclusion of all others
 Express mention is implied exclusion.
 Also known as the Doctrine of Negative Implication
 Also known as negative-opposite doctrine what is expressed puts an end to that which is implied.
 LIMITATIONS: (1) Does not apply if the enumeration was not intended to be exclusive; (2) Does not apply if the
enumeration is by way of example or to remove doubts only; (3) Does not apply in case a statute appears on its face
to limit the operation of its provision to particular persons or things by enumerating them, but no reason exists why
other persons or things not so enumerated should not have been included and manifest injustice will follow by not
including them; (4) Does not apply when it defeats the plainly indicated purpose of the legislature; (5) Does not
apply if it leads to inconvenience, hardship, and injury to public service; or (6) Does not apply if it will result in
incongruities or a violation of the equal protection clause of the Constitution.
Favores ampliandi sunt; odia restringenda
 Penal laws which are favorable to the accused are given retroactive effect
 Retroactive effect of penal laws. – Penal Laws shall have a retroactive effect insofar as the favor the persons guilty of
a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of the Code, although at the
time of the publication of such laws a final sentence has been pronounced and the convict is serving the same.
(Article 22, Revised Penal Code)

Generalia specialibus non derogant

 A general law does not nullify a specific or special law
 GENERAL RULE: The special must prevail since it evinces the legislative intent more clearly than that of a general
statute and must be taken as intended to constitute an exception to the general act.
 EXCEPTIONS: (1) Where the legislature clearly intended the later general enactment to cover the whole subject and
to repeal all prior inconsistent laws; (2) Where the special law merely establishes a general rule while the general
law creates a specific and special rule.

Leges posteriores priores contrarias abrogant

 A later law repeals a prior law on the same subject which is repugnant thereto
 As between two laws on the same subject matter, which are irreconcilably inconsistent, that which is passed latter
prevails, since it is the latest expression of legislative will.

Lex prospicit non respicit

 The law looks forward, not backward
 Statutes are to be construed as having only prospective application, unless the intendment of the legislature to give
them a retroactive effect is expressly declared or is necessarily implied from the language used. Presumption is
prospectivity.
 “Laws shall have no retroactive effect, unless the contrary is provided.” (Article 4, Civil Code)

Ratio Legis
 Interpretation according to spirit
 “It is not the letter of the law that killeth, but it is the spirit of the law that giveth life.”
 “In case of doubt in the interpretation or application of the laws, it is presumed that the lawmaking body intended
right and justice to prevail.” (Article 10, Civil Code)

Stare decisis et non quieta movere

 Follow past precedents and do not disturb what has been settled
 The reason is that the interpretation of a statute by the Supreme Court forms part of the statute itself.
 Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the
Philippines (Article 8, Civil Code)
 As part of the legal system, and until reversed by the Supreme Court itself, rulings of the Supreme Court are binding
upon the inferior courts.
 The rule rests on the desirability of having stability in the law.

Ubi lex non distinguit, nec nos distinguere debemus

 Where the law does not distinguish, we should not distinguish
 There should be no distinction in the application of a law where none is indicated.
 Congress, in making no qualification in the use of general word or expression, must have intended no distinction at
all.
 Courts could only distinguish where there are facts or circumstances showing that the lawgiver intended a
distinction or qualification. In such a case, the courts would merely give effect to the lawgiver’s intent.
Verba legis
 Plain-meaning rule
 Also called the Cardinal Canon
 If a statute is clear, plain, and free from ambiguity, it must be given its literal meaning and applied without
attempted interpretation.
 The legislature is presumed to know the meaning of the words, to have used words advisedly, and to have expressed
its intent by the use of such words as are found in the statute.