Statutory construction

– the art and process of discovering and expounding the meaning and intention of the authors of the law with respect
to its application to a given case, where that intention is rendered doubtful, among others, by reason of the fact that the given
case is not explicitly provided for in the law. (Caltex vs. Palomar)

Construction vs Interpretation (to ascertain and give effect to the legislative intent)
Construction
- The drawing of conclusions with respect to subjects that are beyond the direct expression of the text from
elements known and given in the text
- Conclusions not within the letters of the text
(Use of extrinsic aid)
Interpretation
- The process of discovering the true meaning of the language used
(within the words of the statue)

*both processes may be used in seeking the legislative intent in a given statute. If such is not clear after the completion of interpretation, the
court will proceed to subject the statute to construction.

Legislative power is vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the
extent reserved to the people by the provision on initiative and referendum. (Art. VI, Sec. 1)
- Makes the law
Executive power is vested in the President of the Philippines (Art. VII, Sec. 1)
- Executes the law
Judicial power is vested in one Supreme Court and in such lower courts as may be established by law (Art. VIII, Sec. 1)
- Construe and interpret written laws. The courts may declare legislative measures or executive acts unconstitutional, under the
principle of check and balances.

Requisites for the courts to construe and interpret the law

1. There must be an actual case or controversy
2. There is ambiguity in the law involved in the controversy. The law involved is susceptible of two or more interpretations.

The duty of the courts is to apply the law. When the law is clear and unequivocal, the court shall apply the law and not to interpret.
(verba legis)
Verba legis – plain meaning rule
Ratio legis – the reason or principle behind a law
Mens legislatoris – intent of the legislators

BILL TO LAW
Congress
1. A member of the house (where the bill originated) will introduce the signed proposed bill to the secretary of the house who will
calendar the same for first reading
2. first reading – bill is read by its number and title only
o after, it is referred by the speaker to the appropriate committee for study and recommendation through a public
hearing
o the committee shall decide whether or not to report the bill favourably or whether a substitute bill should be
considered. (if unfavourable, the proposed bill is dead)
o if favourable, the proposed bill is returned to the house and shall be calendared for the second reading
3. second reading – bill is read in its entirety
o members of the house may propose amendments and insertions to the bill
o after approval, it shall be printed in its final form and each member of the house shall be given copies. Unless, the
president certifies in writing the necessity of the immediate enactment of the bill to meet a public calamity or
emergency
4. third reading – title of the bill is read (no amendments allowed)
o house will vote on the bill (majority of the members present constituting a quorum is sufficient to pass the bill)
o (if no wins, the bill is dead)
5. Bill passed the house where it originated – it will go to the other house where it will undergo the same process.
o If there is variance, it may pass through the powerful bicameral conference committee which can introduce
amendments to suit both houses of congress.
6. President (for approval)
o if approved, sign
o otherwise, he shall veto it and return the same with his objections to the house where it originated
o if approved by 2/3 of all its members, it shall be sent to the other house
o if approved by 2/3 of all its members, it shall become a law

 every bill passed by congress shall be acted upon by the president within 30 days from receipt thereof. Otherwise it shall become a
law as if he had signed it.
CONSTITUTIONAL TEST IN THE PASSAGE OF THE BILL
1. Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.
Constitutional requirement Purpose:
a. To prevent hodge-podge (a legislative act which embraces many subjects) and log-rolling (trading of favors, such as
vote trading by legislative members to obtain passage of actions of interest to each legislative members) legislation
b. to prevent surprise or fraud upon the legislature by means of provisions in bills of which the titles gave no
information, and which might therefore be overlooked and carelessly and unintentionally adopted
c. to fairly apprise the people, through such publications of legislative proceedings as is usually made, of the subjects
of legislation that are being considered, in order that they may have opportunity of being heard thereon by petition
or otherwise, if they shall so desire.
2. no bill shall become a law unless it has passed three readings on separate days
3. every bill to become a law must be approved by the president.

KINDS OF STATUTES
1. general law – affects the community at large
2. special law – designed for a particular purpose
3. local law – operates over a particular locality
4. public law – general classification. May be general, local or special
5. private law – applies to relationships among individuals, associations and corporations
6. remedial statute – provides means or methods whereby causes of action may be effectuated, wrongs redressed and relief obtained
7. curative statute – a form of retrospective legislation which operates upon past events in order to correct errors
8. penal statute – defines criminal offenses and specify corresponding fines and punishments
9. prospective law – applicable only to cases which shall arise only after its enactment
10. retrospective law – looks backward or contemplates the past (di maka move on. Hihihi)
11. affirmative statute – couched in affirmative or mandatory terms
12. mandatory statutes – requires and not merely permit a course of action

PARTS OF STATUTE (TiPEBReSaSE)

1. title –heading on the preliminary part
2. preamble – reasons for its enactment
3. enacting clause – declares its enactment and serves to identify it as an act of legislation proceeding
4. body – main and operative part of the statute
5. repealing clause – announces the prior statutes
6. saving clause – restriction in a repealing act
7. separability clause – provides that in event that one or more provisions are declared void or unconsti, the remaining provisions shall
still be in force.
8. effectivity clause – announces the effective date of the law

TEST OF VALID ORDINANCE – gupcup

1. it must be general and consistent with public policy
2. it must not be unfair or oppressive
3. it must not be partial or discriminatory
4. it must not contravene the Constitution or any statute
5. it must not be unreasonable
6. it must not prohibit but may regulate trade

VAGUE STATUTES
A statute or act is vague when it lacks clear standards that men “of common intelligence must necessarily guess as its meaning and
differ as to its application”
It is repugnant to the Constitution in two respects:
a. it violates due process for failure to accord persons fair notice of the conduct to avoid; and
b. it leaves law enforcers unrestricted discretion in carrying out its provisions

EXPRESS AND IMPLIED REPEAL

Express repeal – the abrogation or annulling of a previously existing law by enactment of a subsequent statute which declares that
the former shall be revoked and abrogated.
Implied repeal – a subsequent statute which contains provisions so contrary to or irreconcilable with those of the prior law that
only one of the two statutes can stand in force.

LEGISLATIVE INTENT
The object of all interpretation and construction of statutes is to ascertain the meaning and intention of the legislature, to the end
that the same may be enforced.
In order to determine the true intent of the legislature, the particular clauses and phrases of the statute should not be taken as
detached and isolated expressions, but the whole and every part thereof must be considered in fixing the meaning of any of its parts.
POLITICAL QUESTION
One which does not call for the application of any law. these are questions which are better left for the political branches of the
government to determine or resolve.

JUSTICIABLE QUESTION
Calls upon the duty of the courts to settle actual controversies wherein there are rights involved which are legally demandable and
enforceable.

CONSTITUTIONALITY / UNCONSTITUTIONALITY OF A LAW

MAXIMS NI MOMSHIE

In pari delicto - in equal fault

Aberatio ictus - mistake in blow
Actus me invito factus non est meus actus - the act done by me against my will is not my act
Actus non facit reum, nisi mens sit rea – an act does not make a man guilty unless the mind is guilty
Causa proxima non remota spectator – the immediate and not the remote cause is considered
Stare decisis – to stand by things decided
Lex prospicit, non respicit – the law looks forward not backward
Orbitur dictum – by the way; a remark made or opinion expressed by the judge in a decision upon a cause
Dura lex sed lex – the law is hard but it is the law
Ejusdem generis – of the same kind / specie
Absenti nemo ne necuisse velit – let no one be willing to speak ill of the absent
Damnum absque injuria – damage without injury
Delegata potestas non potest delegari – no delegated powers can be further delegated
Expresio unios est exclusion alterius – when one or more of the same class are expressly mentioned, others of the same class are excluded
Ignorantia juris non excusat – ignorance of the law excuses no one
Inter alia – among other things

KISSES

GLOBE MACKAY CABLE AND RADIO COMMUNICATIONS VS NATIONAL LABOR RELATIONS COMMISION AND IMELDA SALAZAR
*PLAIN MEANING RULE / VERBA LEGIS
-if a statute is clear, plain and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation.
- verbal legis non est recedendum – from the words of the statute, there should be no departure

LYDIA CHUA VS CSC

*DOCTRINE OF NECESSARY IMPLICATIONS. What is implied in a statute is as much a part thereof as that which is expressed.
Expressio unios est exclusion alterius is not applicable in this case

PP VS GUILLERMO MANANTAN
*CASSUS OMISSUS PRO OMISSO HABENDUS EST- a person, object or thing omitted from an enumeration must be held to have been omitted
intentionally.
The application of the rule of cassus omissus has no applicability to the case for it can operate and apply only if and when the
omission has been clearly established.

LIWAG VS HAPPY GLEN LOOP

*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 things akin to or resembling, or of the same kind or class as, those specifically
mentioned

SAGANA VS FRANCISCO
*DURA LEX SED LEX – the law is harsh but it is the law
- strict application of the law may not be warranted if it would frustrate the spirit of laws or do injustice