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Statutory Construction Reviewer PDF
Statutory Construction Reviewer PDF
Justin Sucgang
STATUTES 2. Curative
3. Mandatory
Introduction 4. Directory
5. Substantive
Law- a rule of conduct formulated and made 6. Remedial
obligatory by legitimate power of the state. 7. Penal
According to form:
Statute- an act of the legislature, as an organized 1. Affirmative
body, expressed in the form, and passed 2. Negative
according to the procedure required to constitute
it as part of the law of the land.1 Manner of referring:2
1. Public Act- passed by Philippine
Classification: Commission and Philippine Legislature
According to scope: (1901-1935)
1. Public- affects the public at large or the 2. Commonwealth Act- passed during the
whole community Commonwealth (1936-1946)
a. General- applies to the whole 3. Republic Act- passed by Congress of the
state and operates upon all Philippines (1946-1972;1987-present)
people or all class; does not omit 4. Batas Pambansa- passed by Batasang
any subject or place Pambansa
b. Special- relates to a particular
persons or things or class or to a Enacting statutes
particular community
c. Local- confined to a specific place Legislative power- authority to make laws, and to
or community alter and repeal them
2. Private- applies to a specific person or
subject *This is held by the people, in their original,
According to duration: sovereign and unlimited power. But they have
1. Permanent- operation is not limited in vested it in the Congress of the Philippines.3
duration but continues until repealed
2. Temporary- duration is for a limited Procedures in passing a law:
period; ceases upon the happening of an *Apart from the provisions in the Constitution
event for which it was passed (Sec. 26 Par. 2, Art. VI)4, each house has its own
Other classifications: 2
Statutes are serially numbered and has a name
According to application:
1. Prospective 3
Section 1 (Const). The legislative power shall be vested in the
2. Retroactive Congress of the Philippines which shall consist of a Senate and a
House of Representatives, except to the extent reserved to the
According to operation: people by the provision on initiative and referendum.
1. Declaratory
4
x x x (2) No bill passed by either House shall become a law unless it
has passed three readings on separate days, and printed copies
1
Presidential Decrees during martial law (Marcos) and Executive thereof in its final form have been distributed to its Members three
Orders during the revolutionary government (Aquino) are also days before its passage, except when the President certifies to the
considered statutes since they were passed by the president in the necessity of its immediate enactment to meet a public calamity or
exercise of his legislative powers. emergency. Upon the last reading of a bill, no amendment thereto
1. A bill is introduced by any member of the 5. Conference Committee- this is where the
Congress, signed by the authors and filed differences will be settled. The
with the Secretary of the house. May amendments introduced in this level will
introduce in either house except have to be approved by both Houses for
appropriation, revenue or tariff bills, bills passage.8
authorizing increase of public debts, bills 6. Approval and authentication - signing of
of local applications, and private bills (Sec. the Senate President and the House
24 Art. VI).6 Speaker and their respective secretaries
2. First reading- Secretary reports the bill for (Enrolled Bill)
first reading: 7. Submission to the President:9
- Reading the title and number of A bill is passed in three ways:
bill 1. When the president signs it
- Referral to appropriate 2. When the president does not sign nor
committee for study and communicate his veto of the bill
recommendation within 30 days after his receipt
- Committee may hold public 3. When the vetoed bill is repassed by
hearings and submit its report Congress by two-thirds vote of all its
and recommendation for members, voting separately.
Calendar for second reading
3. Second reading- bill shall be read in full Enrolled bill- the bill as passed by Congress,
with the proposed amendments by the authenticated by the House Speaker and Senate
committee President and approved by the President
- Subject to debates, pertinent Rule: The text of the act as passed and
motions and amendments approved is deemed importing absolute
- After these, bill shall be voted verity and is binding on the courts. If
upon there has been any mistake in the printing
4. Third reading- final vote by yeas and nay7
8
There are instances where the version of the conference
*After a house has approved their own version, it committee is entirely different from those of the two Houses- for it
will be transmitted to the other house, which will may deal generally with the subject matter or precisely to the
follow the same procedures. If without differences, or even introduce a new provision. However, this is still
valid for the powers of said committee are broad. That is why some
amendments, the bill is passed by Congress and is political scientists call this the Third House (Philippine Judges
submitted to the President. If there are Association v. Prado).
9
Section 27. (1) Every bill passed by the Congress shall, before it
shall be allowed, and the vote thereon shall be taken immediately becomes a law, be presented to the President. If he approves the
thereafter, and the yeas and nays entered in the Journal. x x x 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
5
x x x (3) Each House may determine the rules of its proceedings, x x enter the objections at large in its Journal and proceed to reconsider
x 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
6
All appropriation, revenue or tariff bills, bills authorizing increase of the objections, to the other House by which it shall likewise be
the public debt, bills of local application, and private bills, shall reconsidered, and if approved by two-thirds of all the Members of
originate exclusively in the House of Representatives, but the Senate that House, it shall become a law. In all such cases, the votes of each
may propose or concur with amendments. 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
7
If there is a presidential certification, the requirement of three President shall communicate his veto of any bill to the House where
readings on separate days, and printed copies in final form may be it originated within thirty days after the date of receipt thereof,
dispensed with (Tolentino v. Secretary of Finance). otherwise, it shall become a law as if he had signed it.
6. Repealing Clause 16
Art. 2 (CC). Laws shall take effect after fifteen days following the
completion of their publication in the Official Gazette, unless it is
otherwise provided. This Code shall take effect one year after such
7. Effectivity Clause
publication.
- When the law takes effect
17
Art. 18 (AC) Laws shall take effect after fifteen (15) days following
the completion of their publication in the Official Gazette or in a
newspaper of general circulation, unless it is otherwise provided
23
Alonso v. PNB Modern view
24
San Miguel Brewery v. Magno
25 27
Id Art. 7 (CC). When the court declares a law to be inconsistent with
the Constitution, the former shall be void and the latter shall govern
26
Id xxx
circulation within the city: Provided, That in the absence thereof the
ordinance or resolution shall be published in any newspaper of
general circulation.
33
Art. 13 (CC)
Acop v. Guingona
Two police officers testified that the Kuratong Baleleng
controversy was in fact a rub-out not a shoot-out.
Sens. Drilon and Roco placed them under the witness
protection program.
Held: Although in Sec. 3 clearly said that only the
relatives of police officers and not themselves are
qualified for said protection, Sec. 4 provided that the
Senate and the House may also give this protection to
any person. The statute must be interpreted as a
whole, giving life to all its parts, hence, Sec. 4 should
be seen as an exception to the provision in Sec. 3.
41
“Courts are not authorized to insert into the law what they think
should be in it or to supply what they think the legislature would
have supplied if its attention had been called to the omission.”
(People v. Garcia)
42
Lacson v. Roque
Punctuation mark
45
Book I, Chapter 4, Sec. 20 (AC). In the interpretation of a law or
44
The case also talked about the principle of ejusdem generic, where administrative issuance promulgated in all official languages, the
general words cannot be given their generic meaning if followed by English text shall control, unless otherwise specially provided. In case
specific words: (1) managing head, (2) directors, (3) partners. The of ambiguity, omission or other mistake, the other texts may be
problem with this is that the specific word came first. consulted.
47
Art. VII, Sec. 23 (Const). The President shall address the Congress
48
at the opening of its regular session. He may also appear before it at In NAPOLCOM v. De Guzman, the records of the bicameral
any other time. conference committee clearly showed the legislative intent to
exclude the PC from the INP
50
In Enrique v. CA, the MSPB law did not render the CSC law invalid
since the two can be harmonized. The first duty of the court is to
reconcile the conflicting provisions. Only if the repugnancy is
49
In Civil Code and Revised Penal Code; Constitutional Commission irreconcilable that we can say that there has been an implied repeal.
53
PLDT v. Collector of Internal Revenue
52 54
In CEMCO Holdings, Inc. v. National Life Insurance, the Koppel (Phils.) v. Yatco
contemporaneous construction of the SEC to the mandatory tender
55
offer rule was sustained since it was tasked to implementation of the Legaspi v. Mathay
Securities Act.
62
Opinion express by a court upon some question of law which is not
necessary to the decision of the case before it. It is a remark made,
or opinion expressed, by a judge in his decision upon a cause “by the
way,” that is, incidentally, and not directly upon the question before
him, or upon a point not necessarily involved in the determination of
the cause, or introduced by way of illustration, or analogy or
argument (Delta Motors Corp. v. Secretary of Labor).
63
In Tung Chin Hui v Rufus B. Rodriguez, the Court held that the
doctrine of stare decisis cannot be invoked since there is a new law
that took effect, hence, the rulings of the previous cases shall no
longer apply.
64
Canon 18, Canons of Judicial Ethics
77
Salaysay v. Castro Chartered Bank of India v. Imperial
The Philippine National Bank filed a petition in the CFI
78
Santillon v. Miranda Manila to compel Umberto de Poli et al. to deliver to
79
Rufino Lopez and Sons, Inc. v. CTA
82
Salenillas v. CA
80
LVN Pictures, Inc. v. Philippine Musicians Guild
83
Rufino Lopez and Sons, Inc. v. CTA
81
Sanciangco v. Rono
84
People v. Duque
97
Mustang Lumber, Inc. v. CA
98 99
People v. Buenviaje De Ponce v. Sagario
Ejusdem generis
Using associated words
- While general words are accorded their
generic sense, as a rule, they will not be given
1. Noscitur a sociis
such meaning if they are used in association
2. Ejusdem generis
with specific words.
3. Expressio unius est exlclusio alterius
- When a general word follows an enumeration
(negative-opposite doctrine)
of particular and specific words of the same
4. Casus omissus
class, the general word is to be restricted to
5. Doctrine of last antecedent (reddendo
persons, things or cases of the same kind as
singular singulis)
those specifically mentioned.
Presumption: Had the legislature intended the
Noscitur a sociis
general words to be used in their generic and
- Where the law does not define a word, it will
unrestricted sense, it would not have enumerated
be construed as having a meaning similar to
114
Co Kim Chan v. Valdez Tan Keh
124
Maddumba v. Ozaeta
123 125
Sotto v. Sotto Republic v. Reyes
Sajonas v. CA 129
Uy Ha v. City Mayor of Manila
5. Adopted statute
- 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
Exception: construction given to the statute
subsequent to its adoption, but it has persuasive
effect
Banas v. CA
Banas sold a land to Ayala Investment for P2,308,770.
In the Deed of Sale, it was agreed that he shall be paid
in instalment for four years. On the same day, he
discounted the promissory note with Ayala. He was
issued 9 checks all dated with that day drawn against
BPI. In the first year, he reported P461,754 as his
income, and a uniform income of P230,877 for the
succeeding years. He was charged for tax evasion but
applied for tax amnesty under PD 1740. He filed for
another tax amnesty under PD 1840. But he still
insisted that he was paid in instalment.
Held: To avail of the tax amnesty, there should be a
disclosure of untaxed income. When he discounted the
check, he lost his entitlement of payment through
instalment since he immediately received cash. The
law was adopted from the US where it held that an
instalment obligation discounted at a bank, it would
result to a taxable disposition. Hence, he should have
declared the whole income in that year.
145 146
Tanada v. Yulo People v. Subido
147
People v. Purisima
162
Santos To v. Pano
163
Brehn v. Republic
167
McGee v. Republic
164
Buyco v. PNB
168
Stanley v. Miller
165
Id at 145
169
Legazpi v. Estrella
166
Valdez v. Tuason
1. Entire statute
2. Object Mandatory statutes
3. Purpose
4. Legislative history 1. Conferring power
5. Consequences 2. Granting benefits
3. Prescribing jurisdictional requirements
Directory if... a. Prescribing time to take action or to
a. No substantial rights depend on it appeal
b. No injury can result from ignoring it b. Prescribing procedural requirements
c. The purpose of the legislature can be 4. Election laws on conduct of election
accomplished in a manner other than that 5. Election laws on qualifications and
prescribed and substantially the same disqualifications
results obtained 6. Prescribing qualifications for office
d. Where the directions of the statute are 7. Assessment of taxes
given merely with a view to the proper, 8. Public auction sale
orderly, and prompt conduct of business
e. Compliance with the statute is a matter of 1. Statutes conferring power
convenience rather than substance - Confer upon a public body or officer power to
performs acts which concern the public
Mandatory if... 170 interests or rights of individuals
a. The doing of an act is required by justice or - The power is given not for the benefit of the
public duty public officer but for third persons to meet
b. It vests a public body or officer with power the demands of rights and to prevent a failure
and authority to take such action which of justice
concerns the public interests or rights of
individuals 2. Statutes granting benefits
c. If it will cause hardship or injustice on the - Requires certain steps to be taken or certain
part of the public conditions to be met before persons
d. If it will lead to absurd, impossible or concerned can avail of the benefits conferred
mischievous consequences by law
e. Non-compliance with what is required will - Failure of persons to take the required steps
result in the nullity of the act or to meet the conditions will prevent him
from availing of this benefits
Berces, Sr. v. Guingona, Jr. Maxim: vigilantibus et non dormientibus jura
Petitioner filed two administrative cases against the subveniunt (law aids the vigilant, and not those
mayor of Tiwi, Albay; of which the latter was who slumber on their rights)
potior est in tempore, potior est in jure
170
Diokno v. Rehabilitation Finance Corp. (he who is first in time is preferred in right)
176
Laceste v. Santos
177
Camacho v. Court of Industrial Relation
178
Art. 4 (CC). Laws shall have no retroactive effect, unless the
contrary is provided.