Sunset Clause – is a measure within a statute, regulation, or other law that provides that the law

shall cease to have effect a specific date, unless further legislative action is taken to extend the
law
OTOS Rule – One Title One Subject Rule
Hodgepodge – a confused or disorderly mass or collection of thing
Separability Clause/Severibility Clause – If the any provision is declared invalid, the provision
will remain valid; Fall Back Laws
Inseveribility Clause – If any provision is declared invalid, then the remainder shall be invalid
Substitute Clause – provides that if a provision is declared invalid then the following will have
effect
Repeal and Effectivity Clause
Orthodox View – Unconstitutionality is relative, we observe this. An unconstitutional act is not a
law.
Modern View – Unconstitutionality is absolute, one can still enjoy unconstitutional laws here.
Refuses to recognize unconstitutional law.
Doctrine of Operative Fact – The doctrine is applicable when a declaration of unconstitutional
will imposes an undue burden on those who have relied on the invalid law
Partial Invalidity – When only a part of the provision is unconstitutional, valid portions will still
hold
Total Invalidity – When the whole provision is unconstitutional
Doctrine of Constitutional Doubt – requires a court, faced with 2 or more reasonable
constructions of a statute to construe the statute in a way that avoids constitutional questions. The
court should sustain the interpretation that is more constitutional
Verba Legis – Verbal Interpretation for intent
Ratio Legis – Spirit of the law for intent
Stare Decisis – to stand by a decision, the doctrine that a trial court is bound by appellate court
decisions on a legal question which is raised in the lower court. The doctrine that states that a
single jurisprudence is already binding, common law origins. Adherence to procedures.
Horizontal SD – supreme court must adhere to its past decisions
Vertical SD – the lower courts are influenced by the supreme court
Constitutional SD – More general and less prone to mistakes. Horizontal SD type
Statutory SD – Statutes, larger chance to become unconstitutional.
Saving Clause - operates to except from the effect of the law what the clause provides. Used to
save something from effect of repeal of statute. Generally used in a repealing act to preserve
rights and claims that would otherwise be lost
Doctrine of Constitution Avoidance – It flows from the
Equity -
Doctrine of Operative Fact – Recognizes the existence of law or executive act prior to the
determination of its constitutionality as an operative fact that produced consequences that cannot
always be erased, ignored, or disregarded. It nullifies the void law or the executive act but it
sustains its effects. It provides an exception to the general rule that a void or unconstitutional law
provides
Doctrine of Desuetude –
·​ ​denotes principle of quasi-repeal but this doctrine is ordinarily seen and disfavor
·​ ​Monnet Ispat and Energy Hd. Vs Union of Inia
·​ ​Ors. And Abhiject Infrastruct Hd. Vs Chief Secretary, state of Jha and hard
2 factors:
a) the statute of legislation has not been in operation for vary considerable period
b) the contrary practice has been followed over a period of time must be clearly satisfied
hold – over provision – entitling an officer after the expiration of his term until his successor
shall have been chosen and qualified
Contemporanea Expositio Est Optima Et Fortissima in Lege – the contemporary construction is
strongest in law
Optimus Interpres Rerum Usus – For it has been said that the best interpretator of the law is
USAGE
Interpretative or declaratory Clause – prescribing rules of construction or indicating how it
provisions should be construed—terms used in a statute , construing previous law or pass a
resolution indicating its sense or intention as to given statue
Ratihabio Mandati Aequiparatur – it is an axiom of law that legislative ratification is equivalent
to a mandate
As stare decisis et non quieta movere – past decision of the court be followed in the adjudication
of cases. Rule on desirability of having stability in the law
Interest reipublicae ut sit finus litium – the interest of the state demands that there be a limit to
litigation
Sub silencios – decision does not come within stare decisis
Obiter dictum – as an opinion expressed by a court upon some question of law which is not
necessary to the decision of the case before it
Chapter 4:
Doctrine of Equivelant – when a device appropriates a prior invention by incorporating its
innovative concepts and albeit with some modification and change, performs substantially the
same effects in substantially the same way to achieve substantially the same results
Judical Legislation – the court cant supply what it thinks the legislative word have supplied had
it attention been called to the omission
Doctrine of Necessary Implication – states that what is implied in a statute is as much a part
thereof as that which is expressed. To fill in the so-called gaps in the law develop as the law is
enforced
EFIL Rule
Rule of Pretermission of Holiday – If the last day of a certain legal period falls on a Sunday,
Saturday, and Holiday, it can still be done on that last day
Judicial Power – Power to judge; interpret laws. Held by the Supreme Courts and some lower
courts
Judicial Review – Power of the Courts to interpret constitutionally
Jurisprudence Constante – Similar to Stare Decisis except that it requires several jurisprudences
to bind. Civil law origin.
Law of the Case – For such to apply, the situations, issue, and actors must be the same
Policy of Deference – The Supreme Court directs the lower court to defer from declaring
Unconstitutionality. (RTC, Sandiganbayan, MEC, local courts)
Theory of Indeterminacy – All laws, no matter how clear their interpretation, is subject to
ambiguity
Mischief Rule – essence: Mischief, there must be ambiguity, in case of ambiguity, we should
look into the mischief sought to be rendered. The intention of the law can be derived from the
mischief it seeks to avoid.
Golden Rule – essence: absurbidity, our interpretation, possible to be applied if there is no
ambiguity. Opposite of Mischief Rule. Soft Plain meaning rule.
Plain Meaning Rule – Verba Legis?
Principle of Desuetude – State of Being no longer in use or practiced. When a law is no longer
practice, it ceases to exist. A doctrine that causes statutes, similar legislation or legal principles to
lapse and become unenforceable by a long habit of non-enforcement or lapse of time. A policy of
inserting the sunset clause into a constitution or charter of rights
Obsolete Rule----same as destitute rule?
Chevron Rule – The Court defers from the interpretation of Legislature
Doctrine of Contemporary Exposition – Taking into account the conditions during the time the
law was enacted in interpreting the law
Doctrine of Equitable Construction – If a statement is false, the legislature cannot adopt it.
Absent World Rule – Do not add words that are absent in the statute
Doctrine of Absurdity – Soft plain meaning rule – if the meaning is clear but the interpretation is
absurd, the court can depart from it
Plausible Meaning Rule – Interpretation is good as long as in accordance, reasonable in plausible
to what the congress intended
Doctrine of Ancillary Jurisdiction –
Pari delicto doctrine – will not apply when its enforcement or application will violation an
avowed fundamental policy or public interest
Principle of meaning of violations –
Doctrine of Equitable Recoupment – ​Equitable recoupment doctrine allows a taxpayer to set off
previously overpaid taxes due, even though the taxpayer is time-barred from claiming refund on the
previous taxes. This doctrine also allows the government to set off those taxes that has not been
collected from a taxpayer against the current claim for a refund, although the government is
time-barred from collecting the previous taxes. But SC rejected it in UST v Board of Tax Appeals as it
is not useful
Borrowed Statute Rule – If a law is borrowed and adopted made from the other country, the
interpretations of the provisions of such law is great weight to apply in courts decisions in the
Philippines
Life Blood Theory –
Mischief Rule – the doctrine that a statute should be interpreted by first identifying the problem
(or mischief) that the statute was designed to remedy and then adopting a construction that will
suppress the problem and advance the remedy
Golden Rule – the principle that in construing written instrument, a court should adhere to the
grammatical and ordinary sense of the words unless that adherence would lead to some manifest
absurdity; the principle
Substansive Performance Doctrine – the rule that if a good-faith attempt to perform does not
precisely meet the terms of an agreement or statutory requirements, the performance will still be
considered complete if the essential purpose is accomplished, subject to a claim for damages for
the short fall
Cheuron deference – a two-part test under which a court will uphold a federal agency’s
construction of a federal statute if 1) the statute is ambiguous or does not address the question at
issue 2) the agency’s interpretation of the statute is reasonable. If the court finds that the
legislature intent is clearly expressed in the statute and that intent is upheld
Reading in Strained Construction – We have to “read in” a word that is absent. Departure.
Shelby View – Almost the same as Operative Fact.
Presumption agains (of?) Tortology – Agains surplesage. Congress doesn’t waste words.
Void for Vagueness Doctrine – If the language is very vauge, to a point where any reasonable
person cannot understand it, it should be render invalid and unconstitutional.
Override Statutes – statutes which are enacted by congress to counter a judicial interpretation.
Are they unconstitional? It DEPENDS. If it applies to a constitutional provision, then no. If it’s
just a statute, congress can be more flexible, so yes.
Substantial Compliance – The law does not require the impossible. So if it is impossible to
comply with the law. We STILL comply with it. Dura lex sed lex
“Reading in” - A type of construction, implying something not included in the law
“Reading down” – the particular words are state but the court concentrates only on one meaning.
Limited definition.
Strained Interpretation – departing from meaning. Opposite of reading down.
Principle of Noscitur a sociis – when the meaning of a word is susceptible to various meanings,
its correct construction shall be clarified by the words in its company. Associated words rule.
Ejusdem Generis – of the same kind of species. Limited Class Rules.
Redendo Singuila Singuilis –
Ambulatory Approach – it is not the generic meaning, but it is what the law intended. “The law
used the word bridge, but it meant road”
Syntax error rule – syntax errors are irrelevant
Bad grammar rule – grammatical errors should not effect the interpretation of the law
Casus omissus – a person, object, or thing emitted from an enumeration must be held to have
been omitted intentionally. Amendments. Operates only when the omission has been clearly
established through the legislative intent.
Grandfather clause – is a situation in which an old rule continues to apply to some existing
situations, while a new rule will apply to all future situations.
Last Antecedent Rule – After the comma that separated, the qualifier will not have any effect.
Example: If A, B, C. and D, if easy. “If easy” applies only to D.
Charming Betsy Canon – Harmonize with International rules/laws. Supremacy Rule. Statutes
presumed to harmonize with international rules.
Presumption of Consistency – the presumption that laws are consistent with each other under one
code
Presumption of Constitutionality – Laws are presumed to be constitutional.
Last in Time Rule – When in conflict arises between laws, the later in time shall prevail.
Disclaimer: Doesn’t apply to a conflict between the constitution and a provision.
In Pari Materia – laws referring to the same subject
Pari Materia Rule – statutes, peri material, should read together to reconcile and harmonize for
conflict
APRIL:
-​ ​Appropriation Bills
-​ ​Private Bills
-​ ​Revenue Bills
-​ ​Increasing Bills
-​ ​Local Bills
Notes: A special law is different from a special provision. Special laws usually prevail over the
general rule
Rules:
1) Words or phrases must be harmonized; read together.
2) In a document, we harmonize the provisions within; read together.
3) Statutes in Pari Materia must be read together
4) Harmonize with constitution
5) Charming Betsy Canon
Chapter 8
Vigilantilous et non dormientious jura subveniunt – the laws aid the vigilant, not those who
slumber on their rights
Potior est in tempoe, potior est in jure – he who is first in time is preferred in right
Chapter 9
Lex prospicit, non respicit – the law looks forward, not backward
Lex de futuro, judex de praeterito – law provides for the future, the judge for the past
Nova constitution futuris forman imponere debet non praetentis – new statute should affect the
future, not the past
Chapter 10
Leges posteriores priores contrarias abrogant – a later law repeals a prior law on the same subject
which is repugnant thereto
Generalia specialibus non deregoant – a general law does not nullify a specific or special law
Chapter 5:
Generalia verba sunt generaliter intelligenda – what is generally spoken shall be generally
understood
generale dictum generaliter est interpretandum – a general statement in the context in which it is
used
Verba accipienda sunt secundum materiam – a word is to understood in the context in which it is
used
Ubi lex non distinguit, nec nos distinguire – debemus – where the law does distinguish, court
should not distinguish
Noscitur a sociis – word construed with reference to accompanying or associated words
Expressum facit cessaro tactum – what is expressed puts an end to that which is implied
Ejusdem generis – of the same kind or specie. Embraced in one class. Where a statute described
as things of particular class or kind accompanied by words of a generic character
Expressiounius es exclusion allenus – the express mention of one person, thing, or consequence
implies the exclusion of others
Reddendo singular singulis – referring each to each, let each be put in its proper place
Chapter 6
Optima statute Interpretatio es ipsum statutum – the best interpreter of a statute is the statute
itself
Ut res magis valeat quam pereat – the construction is to be sought which give effect to the whole
of the statute of its every word
Interpretatio est ut res magis valeat quam pereat – the construction is to be sought which gives
effect to the whole of the statute—of its every word
interpretare et concordare leges legibus est optimus interpretandi modus – every single statute
must be so construed and harmonized with other statutes as to form a uniform system of
jurisprudence
Chapter 7
Vox Populi – voice of people is voice of God
Salus populi est suprema lex – The general welfare of the people is the supreme law—the voice
of the people is the supreme law
Statuta pro public commode late interpretantur – statutes enacted for the public good are to be
construed liberally
Actus Non Facit Reum Nisi Mens Sit Rea – the act itself does not make a man guilty unless his
intention were so
Actus me inuito factus non est meus actus – an act done by me against my will is not my act
Privilegia Recipunt Largam Interpretationem Volunte Consonam Concedentis – privileges are to
be interpreted in accordance with the will of him who grants them
Strictissimi Juris – the most strict right or law
Nullum tempus Occurrit regi – no time runs against the king
Post-enactment developments – events happened before the bill became a law. Useful as external
aid interpretation.
Agpalo​à​ Contemporary Construction:
1) Agency or Administrative Area ​à​ agency interpretation (not a contemporary
construction). They know what they are saying because they drafted the law
2) Legislative – Express and Implied Acts
3) Judicial
Contemporania Exposmo – opposite of progressive intera. Understanding of congress in the
making of the law/drafted/original approach/the meaning attributed shall also be the meaning
attributed to the law
Agency Interpretation – implementing rules and regulations
1. Expressed or implied interpretations: memorandums, circulars, usage how to implement
law
2. Opinion of Secretary of Justice
3. Interpretation of agencies exercising quasi-judicial power in adverse proceedings. More
valuable. Aka Chevron Deference – agency interpretation if found reasonable the courts must
differ to the agency interpretation.
NLRC Intellectual, Property Office, Securities Law, Security and Exchange Commission
Contemporary Law is the strongest in the law
Legislative – Congress only interprets laws.
Congress can enact:
·​ ​Declatory Acts
·​ ​Sense of Confress Resolution
·​ ​Agency Interpretation
·​ ​Principle of Legislative Approval Acquiescence
·​ ​“Implied” acquiescence
·​ ​Principle approval of reenactment
Presumption of Consistent Usage
Interpretation Clause – Definition of Terms
Capitalization – emphasizing and strengthen the word, has the certain meaning compared to not
capitalized
Principle of Meaningful Variation – if there is certain change in the (words) statute, the change is
intentional
Borrowed Statute Rule – if a law is adopted to another country, the interpretation is afforded
with great weight in the interpretation of our statut/ Not absolutute, persuasive, not controlling,
not binding. Ex: UST vs Board of Tax
Stare Decisis (Justification) – not aid to interpretation, high degree of aid
Precedents – judicial decision. Aid to interpretation
Common Sense Intrep Rule – justification can be used as external aid
Transcripts of Interpretation Output – records of interpretation, explanatory notes. Transcripts
committee reports explanatory notes. The further it foes, it is more valuable and greater weight.
White paper explaining privisons of the proposed bill
Common Law Presumptions
Legislative History – Philippine negotiable instruments copied verbatim to US instruments
because we are a US colony at the time
Chapter 4:
·​ ​How departure of the language of the statute would justify
·​ ​Adherence – to support the language of the law
·​ ​Departure – verba legis non est recedendum
-​ ​Verba legis – plain meaning rule, literal rule. Widely used in common law
-​ ​Index animi sermo
-​ ​Verbe legisnon est recedendum
-​ ​Dura lex sed lex –rules of international, it applies when there is a conflict of
-​ ​Ratio legis – Rational Interpretation or the spirit of the law
-​ ​Ration legis est – anima legis
-​ ​Hoc quidem perquam durum est, sed ita lex scripta est
Judicial Legislation – violation made by the courts, this is when the courts depart from the
language. Harsh consequences.
Mischief Rule – bound to correct or to rectify or to suppress or to remedy the mischief.
The purposive approach (Agpalo book) – that the purpose must give effect or must be adopted by
the court
Prudential approach – takes into consideration of possible consequences of various interpretation
Golden Rule
Construction Against Evasion – what is
Curative statute
Scrivener’s error – clerical error
Surplasage – compliance of certain duties or laws
Doctrine of Ancillary Jurisdiction – A court’s jurisdiction to adjudicate claims and proceed.
Equitable doctrine of unclean hands rights vested by the law
Necessary Implication – adheres
Pari delicto Doctrine – the principle that a plaintiff who has participated in wrong doing may not
recover damages resulting from the wrongdoing. Equally at fault, the court denied relief.
2 School of Thoughts:
1) Textualism Intrinsica
2) Intentionalist Intent – test result of ambiguity
3) ____ inclusion
a) Advocate the intention of the drafters. Animus Impotents
b) Combination of textualist and originalist not necessary the intent but the contemporanbi
exposusi
Aid to interpretation:
Common Law jurisdiction vs Civil Law Jurisdiction ​à​ Philippines, Values
Common Law – Rejected if the common law does not apply in our country. We used to be a US
colony. Applied the stare decisis hybrid system because combination of common law and civil
law. Applicable because of good reason and common sense, it is reasonable.
Doctrine of Necessary Implication :
2 conflicting statutes:
·​ ​Automatically conclude that the subsequent law repeals the prR
·​ ​Presumption of good faith
Chapter 5:
Progressive interpretation – which extends by construction the application of a statute to all
subjects or conditions on its general purpose or scope that come into existence subsequent to its
passage and thus keeps legislation from becoming ephemeral and transitory
Definition of terms (statutory definition) – control the meaning of statutory words, is controlling
only insofar as said act is concerned
Ordinary sense – words read and considered in their natural and should not presume that the law
making body does not know the meaning of the words and the rules of grammar
Common sense – presumed by the words
Generic sense – generalia verba sunt generalia – what is generally spoken shall be generally
understood
General dictum generalite est interpretandum – general words shall be understood in a general
sense
Commercial or trade sense – common use words use among merchants and traders acquire trade
or commercial meanings
Legal technical sense – those that have been judicially construed to have a certain meaning
should’ve interpreted according to the sense in which they have been previously used, although
the sense may vary from the street or literal meaning of the words
Ø​ ​Identical terms in same statuted construed, word/phrase repeatedly will bear the same meaning
unless appears on the context, different intention
Ø​ ​Meaning of words – qualified by purpose of statute
Ø​ ​Words or phrases construed in relation to other provisions​à​ variation of the rule that a statute
Ø​ ​Sinecure clause
Ø​ ​Technical meaning rule​à​ term used as the art of the statute and should be. If statute use of art
that can be understoof
Ø​ ​Presumption of consistent usage
Ø​ ​Contemporary exposisto – opposite of progressive interpretation​à​ future
è​ ​Original intent, statutory definition
è​ ​Prejudicial question – legal and technical sense, considered in the legal community
Common Law Principle
Doctrine of Equitable Recruitment – tax payer entitled to refund—liable to pay some
taxes—refund can be offset for the other tax
Ejusem generis – reference point of construction through the enumeration
Noscotur socious – reference poiny is within the word or context
Judicial development – many
Precedence – jusitification: stare decisis​à​ Adherance to precedence
2 forms: Vertical and Horizontal
Vertical – adherence to precedence by lower court, hierarchy of courts, duty of courts/obligations
MTC​à​ RTC ​à​ CA​à​SC
Horizontal SC – temporal with time element adhering to past decisions
Practical value in determining stare decisis: SC can abandon previous
decisions/precedence—Horizontal
Maxims for Chapter 5:
Ubi lex non distinguit nec nos distinguere debemus – where the law does not distinguish courts
should not distinguish
Generalia verba sunt generaliter intelligenda – what is generally spoken shall be generally
understood, is best understood by way of illustration
Generale dictum gneraliter est interpretandum – general words shall be understood in general
sense
Dissimilum dissimilis est ratio – of things dissimilar, the rule is dissimilar
Niscitur a socius – word construed with reference to accompanying words
Exceptio firmat regulam in casibus non exceptis – the exception that proves the rules
Casus omissus pro omissus habendus est – a person, object, or thing omitted from an
enumeration must be held to have been omitted intentionally
Ad proximum antecedans fiat relatio nisi impediatur sentencia – relative words refer to the
nearest antecedents, unless the context of the words otherwise requires
Verba accipienda sunt secundum subjectam materiam – a word is to be understood in the context
to which it is used
Ejusdem generis – of the same kind of specie, where a statute describes things of particular class
or kind accompanied by words of generic character
Expressum facit cessare tacitum – what is expressed puts an end to that which is implied
Expressio unius est exclusion alterius – the express mention of one person, thing, or
consequence, implies the conclusion of all others
Reddendo singular singulis – referring each to each, let each be put in its proper place
Chapter 6:
Optima statute interpretatrix est ipsum statutum – the best interpreter of a statute is the statute
itself
Ut res magis valeat quam pereat – the construction is to be sought which gives effect to the
whole of the statute of its every word
Interpretatio fienda est ut res magis valeat quam pereat – a law should be interpreted with a view
to upholding rather than destroying it
Distingue tempora et concordabis jura – distinguish times and you will harmonize
Interpetare et concardare legibus est optimus interpotandi modus – every statute must be so
construed and harmonized with other statutes as to form uniform system of law/jurisprudence
Pari material – relating to same mother

Separability Clause
-​ a clause often included in a legal document (as a contract) stating that invalidation of
​

some sections or clauses in the document will not affect the validity of the remainder

Fallback Law
-​ Legislatures sometimes address the risk that a court will declare all or part of a law
​

unconstitutional by including “fallback” provisions that take effect on condition of such

total or partial invalidation.
-​ The most common kind of fallback provision is a severability clause which effectively
​

creates a fallback of the original law minus its invalid provisions or applications.
-​ However, fallback law can and sometimes does take the express form of substitute
​

provisions.
-​ Fallback law can raise a surprisingly large number of constitutional and policy questions.
​
 -​ A fallback provision itself must be constitutional, but how to discern the constitutionality
​

of the fallback will not always be obvious, especially where the original provision’s
defect consists in its use of some impermissible procedure, for then courts will need to
ascertain whether the fallback purges the taint of the original provision.

Effects of Invalidity of Statutes (2 views):

1)​ O
​ rthodox view – unconstitutional act is not a law; decision affects ALL

2)​ M
​ odern view – less stringent; the court in passing upon the question of
unconstitutionality does not annul or repeal the statute if it finds it in conflict with the
Constitution; decisions affect parties ONLY and no judgment against the statute; opinion
of court may operate as a precedent; it does not repeal, supersede, revoke, or annul the
statute

Desuetude
-​ The state of being unused; legally, the doctrine by which a law or treaty is rendered
​

obsolete because of disuse. The concept encompasses situations in which a court refuses
to enforce an unused law even if the law has not been repealed.

Stare decisis
-​ high degree; provides the justification to precedents
​

-​ When the SC 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.
-​ It is shortening of a Latin phrase meaning once something has been decided, it should be
​

left decided.

Horizontal stare decisis

-​ refers to the idea that a court should be bound by its own decisions
​
Vertical stare decisis
-​ refers to the concept that lower courts are bound by the decisions of higher courts
​

Precedents
-​ intrinsic aid called the court rulings
​

Golden rule/ British rule

-​ is a form of statutory construction traditionally applied by English courts
​

-​ The Golden Rule allows a judge to depart from a word’s normal meaning in order to
​

avoid an absurd result.

-​ The term “golden rule” seems to have originated in an 1854 court ruling [1] and implies a
​

degree of enthusiasm for this particular rule of construction over alternative rules that
have not been shared by all subsequent judges. For example, one judge made a point of
including this note in a 1940 decision: “The golden rule is that the words of a statute must
prima facie be given their ordinary meaning.” [2]
-​ The other two are the “plain meaning rule” (also known as the “literal rule”) and the
​

“mischief rule”.

Plain meaning rule

-​ dictates that statutes are to be interpreted using the ordinary meaning of the language of
​

the statute. In other words, a statute is to be read word for word and is to be interpreted
according to the ordinary meaning of the language, unless a statute explicitly defines
some of its terms otherwise or unless the result would be cruel or absurd. Ordinary words
are given their ordinary meaning, technical terms are given their technical meaning, and
local, cultural terms are recognized as applicable. The plain meaning rule is the
mechanism that prevents courts from taking sides in legislative or political issues.
-​ It is the mechanism that underlines textualism and, to certain extent, originalism.
​

Mischief rule
 -​ The main aim of the rule is to determine the “mischief and defect” that the statute in
​

question has set out to remedy, and what ruling would effectively implement this remedy.

Operative fact doctrine

-​ Under the operative fact doctrine, the law is recognized as unconstitutional but the effects
​

of the unconstitutional law, prior to its declaration of nullity, may be left undisturbed as a
matter of equity and fair play. In fact, the invocation of the operative fact doctrine is an
admission that the law is unconstitutional.
-​ The general rule is that an unconstitutional law is void. It produces no rights, imposes no
​

duties, and affords no protection. It has no legal effect. It is, in legal contemplation,
inoperative as if it has not been passed. Being void, Fertiphil is not required to pay the
levy. All levies paid should be refunded in accordance with the general civil code
principle against unjust enrichment. The general rule is supported by Article 7 of the
Civil Code, which provides:
“ART. 7. Laws are repealed only by subsequent ones, and their violation or
non-observance shall not be excused by disuse or custom or practice to the contrary.”

Executive Construction, generally; kinds of

-​ Is the construction placed upon the statute by an executive or administrative officer
​

-​ Three types of interpretation:

​

1)​ C
​ onstruction by an executive or administrative officer directly called to implement

the law.
2)​ C
​ onstruction by the Secretary of Justice in his capacity as the Chief Legal Adviser of

the government.
3)​ H
​ anded down in an adversary proceeding in the form of a ruling by an executive

officer exercising quasi-judicial power.

Adopted statutes
 -​ Foreign statutes are adopted in this country or from local laws are patterned form parts of
​

the legislative history of the latter. (?)

-​ Local statutes are patterned after or copied from those of another country; the decision of
​

the courts in such country construing those laws are entitled to great weight in the
interpretation of such local statutes.
Reenactment
-​ Most common act of approval
​

-​ The reenactment of a statute, previously given a contemporaneous construction, is

​

persuasive indication of the adoption by the legislature of the prior construction.

-​ Reenactment if accorded greater weight and respect than the contemporaneous
​

construction of the statute before its ratification.

Presumption of Constitutionality
-​ occurs when two possible interpretations for a statute occur - one favors the constitution
​

while the other one violates it

-​ the one that is in favor of the constitution is taken as valid
​

Doctrine of Constitutional Avoidance

-​ dictates that a federal court should refuse to rule on a constitutional issue if the case can
​

be resolved on a non-constitutional basis.

GLOSSARY OF MAXIMS

No. Latin Maxim Meaning

(if
applicable)

(4) Absoluta sententia When language of law is clear, no explanation of it is

expositore non indiget required.
 Actus me invito factus non An act done by me against my will is not my act.
est meus actus

Actus non facit reum, nisi The act itself does not make a man guilty unless his
mens sit rea intention were so.

(5) Ad proximum antecedens Relative words refer to the nearest antecedents, unless
fiat relatio nisi impediatur the context otherwise requires.
sententia

(4) Aequitas nunquam Equity never acts in contravention of the law.

contravenit legis

(5) Argumentum a contrario Negative-opposite doctrine.

(5) Casus omissus pro omisso A person, object, or thing omitted from an
habendus est enumeration must be held to have been omitted
intentionally.

(4) Cessante ratione legis, When the reason of the law ceases, the law itself
cessat et ipsa lex ceases.

(3) Contemporanea expositio The contemporary construction is strongest in law; at

est optima et fortissimo in the time the law was drafted/ originalist.
lege

Distingue tempora et Distinguish times and you will harmonize laws.

concordabis jura

(4) Dura lex sed lex The law may be harsh, but that is the law.

(4) Ea est accipienda That the interpretation is to be accepted which is free

interpretation quae vitio from evil / injustice.
caret
(5) Ejusdem generis Of the same kind or specie.

(5) Exceptio firmat regulam in A thing not being excepted must be regarded as
casibus non exceptis coming within the purview of the general rule.

(4) Ex dolo malo non oritur No man can be allowed to found a claim upon his
actio wrongdoing.

(5) Expressio unius est The express mention of one person, thing or
exclusio alterius consequence implies the exclusion of all others.

(4) Ex necessitate legis From the necessity of the law.

(5) Dissimilum dissimilus Of things dissimilar, the role is dissimilar.

estratio

(4) Fiat justicia ruat coelum Let right be done though the heavens fall.

(5) Expressum facit cessare What is expressed puts an end to that which is
tacitum implied.

(4) Ex necessitate legis By necessary implication of law.

(4) Falsa demonstratio non False description does not preclude construction nor
nocet, cum de corpore vitiate the meaning of the statute.
constat

Favores ampliandi sunt; Penal laws which are favorable to the accused are
odia restringenda given retroactive effect.

(5) Generale dictum A general statement is understood in a general sense.

generaliter est
interpretandum
(5) Generalia verba sunt What is generally spoken shall be generally
generaliter intelligenda understood.

Generalia specialibus non A general law does not nullify a specific of special
derogant law.

(4) Hoc quidem perquam It is exceedingly hard but so the law is written.
durum est, sed ita lex
scripta est

(4) Ibi quid generaliter Every rule is not _ _ an exception.

conceditur

(4) Impossibilium nulla There is no obligation to do an impossible thing.

obligatio est

(4) Index animi sermo est Speech is the index of intention.

(4) In eo quod plus sit, semper The greater includes the lesser.
inest et minus

Interest reipublicae ut sit Public interest requires that by the very nature of
finis litium things there must be an end to a legal controversy.

(4) Ines haec exception si non Where anything is granted generally, this exception is
aliquid sit contras jus implied.
basque

(6) Interpotare et concordare Every statute must be so construed and harmonized

legibus est optimus with other statutes as to form uniform system of law.
interpotandi modus
(6)/(4) Interpretatio fienda est ut A law should be interpreted with a view to upholding
res magis valeat quam rather than destroying it.
pereat

(4) Interpretatio talis in Where there is ambiguity, such interpretation as will

ambiguis semper fienda est avoid inconvenience and absurdity is to be adopted.
ut evitetur inconveniens et
absurdum

(4) In pari delicto potior est Where a statute prohibits the doing of an act, the act
condition defendentis done in violation thereof is by implication null and
void.

(4) Impossibilium nulla In other words, there is no obligation to do an

obligatio est impossible thing.

(4) Nemo tenetur ad The law obliges no one to perform an impossibility.

impossible

Legis interpretatio legis The authoritative interpretation of the court of a statute

vim obtinet acquires the force of law by becoming a part thereof.

Leges posteriores priores A later law repeals a prior law on the same subject
contrarias abrogant which is repugnant thereto.

Lex de futuro, judex de The law provides for the future, the judge for the past.
praterito

Lex prospicit, non respicit The law looks forward, not backward.

(4) Maledicta est expositio It is dangerous construction which is against the text.
quae corrumpit textum
(5) Noscitur a sociis Word constructed with reference to accompanying or
associated words.

Nova constitutio futuris A new statute should affect the future, not the past.
formam imponere debet
non praetiritis

(4) Nullus commodum capere No man should be allowed to take advantage of his
potest de injuria sua own wrong.
propria / Nullus
commodum potest de
injuria propriasua

Nullum crimen sine poena, There is no crime without a penalty, and there is no
nulla poena sine lege penalty without a law.

Nullum tempus occurit There can be no legal right as against the authority that
regi makes the law on which the right depends.

Optima statuti The best interpreter of a statute is the statute itself.

interpretatrix est ipsum
statutum

Optimus interpres rerum The best interpreter of the law is usage.

usus

Pari materia Relating to same matter.

Privilegia reciprint largan Privileges are to be interpreted in accordance with the

interpretationem voluntate will of him who grants them.
consonan concedentis
 Potior est in tempore, He who is first in time is preferred in right.
potior est in jure

(4) Quando aliquid prohibetur What is prohibited directly is prohibited indirectly.

ex directo, prohibetur et
per obliquum

Ratihabito mandato Legislative ratification is equivalent to mandate.

aquiparatur

(4) Ninguno non deue When the statute is silent or ambiguous, this is one of
enriqueceise those.
tortizeramente con daño
de otro

(4) Ratio legis Interpretation according to spirit.

(4) Ratio legis est anima legis The reason of the law is its soul.

(5) Reddendo singula singulis Referring each to each, referring each phrase or
expression to its appropriate object; or let each be put
in its proper place.

Salus populi est suprema The voice of the people is the supreme law.
lex

(4) Surplusagium non nocet Surplusage does not vitiate (to make
faulty/defective/ineffective) a statute.

Stare decisis et non quieta Follow past precedents and do not disturb what has
movere been settled.

(4) Ubi jus, ibi remedium Where there is a right, there is a remedy.
(5) Ubi lex non distinguit, nec Where the law does not distinguish, we should not
nos distinguere debemus distinguish.

(4) Utile per inutile non The useful is not vitiated by the non-useful.
vitiatur

(6) Ut res magis valeat quam That construction is to be sought which gives effect to
pereat the whole of the statute – its every word.

(5) Verba accipienda sunt A word is to be understood in the context in which it is

secundum subjectam used.
materiam

(4) Verba intentioni, non e Words ought to be more subservient (useful in an

contra, debent inservire inferior, subordinate, serving to promote some end) to
the intent and not the intent to the words.

(4) Verba legis Plain-meaning rule.

Vigilantibus et non The laws aid the vigilant, not those who slumber on
dormientibus jura their rights.
subveniunt

(4) Verba legis non est From the words of the statute there should be no
recedendum departure.

(4) Summun jus, summa Highest injustice, the rigor of the law would become
injurci the highest injustice.
 (4) Ibi quid generaliter Where anything is granted generally, this exception is
conceclitur; inest haec implied; that nothing shall be contrary to law and
exceptio, si non aliquid sit right.
contras jus basque

STRICT
1) Penal Laws P
2) Derogation of Rights R
3) Authorizing Expropriation E
4) Grants to LGUs G
5) Grounds for Removal of Officials G
6) Naturalization Laws N
7) Imposition of Tax I
8) Tax exemptions E
9) Concerning the Sovereign S
10) Authorizing suits against the Government S
11) Prescribing formalities of the Will W

LIBERALLY
1) Granting taxing power on municipal corporations T
2) Prescribing prescriptive period to collect taxes P
3) Election laws E
4) Amnesty proclamation A
5) Prescribing prescriptions of crimes P
6) Adoption statutes A
7) Veteran and pension laws V
8) Other statutes O
- Curative statutes C
- Redemption laws R
- Providing exemptions from execution E
- Laws on attachments A
- Warehouse receipts W
- Probation Laws P
- Granting powers to an agency A