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    Statutory Construction Book Pages 157-205 PDF

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    pennelope lausan

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    think Uta pardcular statute i unvise or har coming sens of deceny and s recognition a heir own lita op row ited sphere fri her {fom amending or rewriting the aw in the ui of interpretation, ‘0 suit their own predilections or prejudices. Any shortcoming, af staute is forthe legislature alane to oorrect by appropriate eet, sent ‘As wll empha ince “in making cscs, Conroe has cose a wv wind, ch ths aut hen né Solo 15 rv much nvr Wal haut bec call ces "otto ee he mer a fing eran Ti iste ‘Dealova departments I setied hat pone {alg the wis, moray pracy sas ‘Seated he jicary Bl uy be ened sly th ire and exctve deparana fo whch the aes tase ts Our ican of erat Tifton sacs, Whideee iy the nants deci ty aw sera nfo ter ove “inne and th contacts wo il a and not to the courts of justice." a nasa Dror f Prine, GAN 8S 25,00, 28 SCRA A tng ene Fa x ana," Rae Pres op SCAB St SCN Ss Chapter I AIDS TO CONSTRUCTION ALIN GENERAL OL. Generatly. ‘Whore the meaning ofa statute ie ambiguous, the court war and im availing ae al legitimate ide to construction tn oF thr that ican aocertain the trve intent ofthe statute: These ads lo eanstruction are those found in the printed page ofthe state Ital known ae intrnae aids, and thowe extraneous fats and t= ‘stances outside the printed page called extrinsic ids, 02, Tite. "The tile of statute serves ab ald, in eas of dob in its language, to ie contruction and to esceraining legislative wil. ‘Where the meaning fa statute is obscure ourts may resort its tile to clear dhe obscurity. The tile may indieste the legislative Intent extend or rectit th ope ofthe law, anda statue couched ‘in language of dol impor wil be construed to conform to the Uiilatie intnt as daclosed nite teh itl can be reeorted to to an d'where there i doubt a the meaning ofthe law or as to the intention of te Tegielatue in enacting i, and not othervise? ‘The rule that the tie of @ statute may properly carve a ride to orcertaining legislative intent carries more weight in this Jnsiction because ofthe constitutional requirement Ut "every Tull shall embrace only one subject which shall be expressed in “Ror ol a Cnt Cs Rai _ STATUTORY CONATRUCTION the ttle thereof This constitutional injunction makes the tit an indispensable part ofa statute, and what may inadequately bo omitted in the text may be supplied or remetied hy iste, ‘The ease of City of Baguio v. Marco illustrates the rule. The ‘question raised in this case is when to count the forty year posi oy fle petition for reopening of cadastral proceedings as autho by Republic Act No. 931 covering lands tna “have heen, erst shout tobe desaved land ofthe public domain, by vst of ag) rocoodings inttuted within the forty yours next proceing the "spproval of this Ae." Should the period be counted from the dette ‘dsstal proceding sought to beropened was erginally netted {in cnurty which was April 12, 19127 Or ahold it be counted ec tho date the decision therein rendered became fal, whieh oes November 25, 19227 As the petition for reopening was Aled on July 25,1961, twas filed beyond the forty year period te perodegeeg, be computed from the date the petition wa originally fled, and seg ‘fit was to be counted frm the dat the decision became Hal" tile ofthe lw is “An Act to authorive the fling in the beeper ones lnder certain conditions of certain elim a ite to punccs of led that av been declared public land, byvitue of juin! deieons ‘ndeted within the forty years next proeding the approval a hie ‘Ace" The court noted that there was an apparent Monsters betwen the tle and the body ots law. Nevertheless i ruled ey the stating date to eount the forty-year period ia the date the fa) ‘decision was rendared. The cout explain “ik reies that it authorizes court proceedings of claims foparcels af nd declared puble'by virtue offical dosainns rendered within forty years next preceding Une approval of {hi Act"That tie is wrtton in eapial eters ~ by Conese ‘sel such kindof tide then ‘snot ta be cased with oes titles used by compilers of stated becatae it ie ne legllature speaking” Accordingly, i is not hard to come to 9 Aedution that the phrase last quoted from RA. No, 981 be irtue of judi! decisions readored’ — was bu inadvertent, tnt from the body. Parting from thie premise, there ia ttm, no contradiction between title and body in line te iews herein stated, the title belonge to that typo a Stee conn ta a Maren OR Ne, Parry 8,102 S0RA "OWEN aon, Pray 5,7 SCRA reer Pj deccns era nthe tie hela ad in eer Bee rreen en ere PS ea as ee once aecie eee eens Beg oemh semaines the requirement ~ That no bil shallembrace more than one suet, hh ject shal be expres the eof the ill — has been SAate ete snes etna a Bhar, Sul, ws Onder ntthed “Outing the procedure by whieh compa ‘Shring government false employees with comin of ult ne gupta a ota tt pinion hr nb rn Imatine o es the revs compe wna cate Or in nga cea or rt init sd wt inl epains SreeCr fu th he ry id sah femora” ihre in ment, na en ty ipa, femal wns that eto ay cemen While “rime” smcunt to “ireglarie cae ner ul avery wel seed meses tm ad nerd fo naka epic thee ox wel Ste fecal utes” or aque 803, When resort to tile not authorized When he tx ofthe sata dr anthem dae i ‘improper orn to el to make tscur The hee ‘Tesorted to in order to remove, but not to eroate, ales sae Fe . on 204. Preamble, ‘A preamble ie that part of the attute written immediate ter tte, which stats the purpoo, enon or justeton oe suacient ofthe l eis ully expres in thetrnar Where _lausesIis generally omited n tatate passed bythe Phlppee Commission, che Philippine Legiature the National Acca ie Congres of the Philipines and the Bataan Panes lene ‘the pre, these legate bes used tho expanse {2 expan the rests forthe enactment of states The prea is however, extensively used in Presidential Derec lnurd Uy tne i the erereo of i legisative power ‘The preamble isnot an essential part ofa statute. He statute Hence, where the meaning ofa statute is dear and unambiguous, the peteeble ‘an neither expand nor restricts operstion, much less peeve ones iis tet. Nor an a preamble be used as basis forgiving tate ‘moaning nat apparent on its fee" ‘While a preamble is not, trict speak : svicty speaking part of statute, i may, whan the statute is ambiguous, be rected to clarify the ‘mbigulty-" In tls connection, it has baen held tht prestble |s the kay ofthe statute, to open the mings of the lawmaker a the purpote to be achieve, the mischief to be remedied, wad the ‘het tobe accomplished, bythe provisions ofthe mata Inher {he preamble sets ot th intention ofthe lgaatre Hence, when vet there is ambiguity in statute or whenever the words seed threin have more than one meaning, the preamble may delle the ‘roper contruction to be givn tothe statue." Thus, s pease eomat SRS jem 0 Pa 220) Conner of Catan Re “Ee Pessina, GR Na 280 Nove 21 ‘bi 23 spe, ‘Re Gara 8 P6698), “Rope Poiana Pl Carin 8 PR 8860) “Tigi amme GR Ne somber eh Sa ee funy rntit what otherwise appear to bem broad scope of aw" brrroqie, in the commitaon fa erin, an element nat clearly ex- froma in tet t may express the loislaive intent to male the In apply retroactively, in which case the Taw has tobe given Fotrontive effect, so att carry out such intent» 1105, Mlusteation of rule Theva of Pople. Pursima aa god ilustration of the rae JL uppears that a person was charged with violation of Presidents Deere No.9 which penalizes, among others, the eareying outside one's residence any Baded, blunt, or point weapon not used fear necasary tol o implement for livelinood, with imprisonment Fup fom ve to ten years. The question raised is whethor the ‘hnrying of tach weapon sould be in furtherance of, on relation \nvsutversion,rebelion, insurrection lawless violence, erimiality, ‘sos oF publie disorder, aa # necessary element of the crime. Te le ing that sinor the text ofthe deeree Is clear and doesnot Jrovcrbo such cloment, the ere carrying of auch weapon outed ws residence i uffilent to const a voltion of the law. The ‘hurt rulsd that purmunnt to the preamble wehich spelled out tbe ‘vents that let the ensetment of tho docre, namely, the state of Inari law inthe entry, the decired result of Proclamation No, TOs declaring a state of arti law inthe country andthe fact hat sutverson, rebellion, insurrection, lawless violence, eiminality, ‘chaos and pub ditorder being committed and abetted by the use {fnsarms explosives and other deadly weapons ~ the clear intent ind sprit ofthe decree i t require the motivation menoned in the preamble as an indispenble element ofthe erime, The court De that the severity ofthe penalty forthe violation ofthe deere ‘Suygests Utils seriou offense, which may’ only be justified by ssegiating the carrying out of euch Baded or blunt weapon with nny of Che purposes tated in ie preamble, cons er ia Tea eet eae ee In another cst" the imu rae is whether parson who ‘quate on apastral land could beheld erminaly ile evo lation of Presidential Decro No. 772, which punishes “any person who with te use of force, nmin thea, taking al, {ge of the absence or talerance of the landowner uetees hoe ‘upyng of poseeing the prope f the ltr aghnat his wl for ‘residential commercial or any oer purposes""The decree wea po ‘lta a slve the equating problem which, asoding eps ‘mbl, i tila major problem in urban cominunitis all over the ounty” and because “many persons o ete found to have been Unley crapping publi nd private lands ong toe Maen lass” The court answered the lsu inthe negate sod al tat {he rime may only be ented in urban conmuniticg and nn agra pstrl nds bn he ren of he sree Shows that i was intended to apy to equating in urban lends ‘more particulary t ep constrctons in ouater eens ade well tod individual 8.06. Context of whole text. ‘The best sure from which o ascertain the lgiativ intent fs the statute itelf — the Words, phrases, enences, sectors, lenses, provisions — taken ae awhile and in relation tone Ssnather Lgisative intent should acodingly be socertained oa ‘consideration ofthe whole content ofthe statute adhe Someta ished prt pri pois." The cnet yea eating of statue; may pve os word or phrases me iret rm ie usual or ran signifies In ech sce teaming ditated by the content preva Every section, provision of clause of the statute must be ‘expound by reference to sac ther i nero aie wt ae inept by the altar. The ato telat ‘st be atcerained om the ws tex ofthe lesa ve os ‘the act is taken into view." ee Pei Bir No A757, dany 80 96 9A 0 no Berard Pe Gn ut uy ee Sai Sipping Corp Cif ao G2 No. 1408, arch, 0s, 12 RA Gt Asm Cort opal Gi Ne no 1 aes sun ane CN 10M 1996 Ke: Rep Dy 8 an Eo ra Rn TH Sle, Je, 296 SCRA 18 = pee eee aa Became ee cae ee race meting sae ire iain memcnaemem ag i pce Hens oseeeee fein Grconeiomeamers iirttacctytarcteate reac tein gatas mae {hol sme fr song he tera meaning ofthe words a5 cme elas Seon cuana sears iitmrsmeunrgcicince tans ieiginae esc aters ors reas Deas! 308, Mustrative examples. Tnacas, the question ruse is whether the phraso who may ta willing to seopt the same fr such settlement," which implies distrtin, In the provision of law tothe effect that the holder of SANE, nef dt, Pa 156 091 be a ol iby Part Ps Noa nk, 08 Pm Sto Pi Natal Bak 6 Pi 6 8, Seckpay cortieate may apy the sme payment of aig ‘subsisting a the time of the approval ofthis smn ae hich the applicant may det ta pera oo any oft ranches ornamentation or toc conte by the goverment, to any esos of the Place aton or corporation erganiaed under the le the Plippines, who maybe wing to ncep te sae ae Setlement” qualifies only itis antecedent which iene Aawclation or eomperntion organised unr {he lews ofthe Philipines Th cour eld Unt tees ne been the phrase vor any len, et sail phrase tren lien, ef.” separating seid phrase om th pcg nm dh pith uaiing re ‘ercte holders can compel government-owned hans eee, ‘eid certicate for payment of thar obligatons sang see Sime the amendatory st wes approved e Sty hea state se date si ct nerve tsa png naan enmpn tatoo spe act eth ind nh’ tee sae {Reranch Bes saree ote te thes ele ces ism at ely he ate ere caning Silt yn os petra ae ss y and oppression, to warrant punishment or digmi ved not he committed in the course of the performance of di re the person charged." arin eeceeerhah ein rio efi os cma at separates the clase “with sais inprtceent ie ea sng om th prog seem ne months of arresto mayor with accessary penalties ofthe law, to pays fine tive Handed 500.0 enon, inden teehee ager rea i ee sre Gs 79 governeron son THe question is: cage of insolvency, wil Us accuse be re ire er niyo ra ey ot ly ei al Ue indemay,urder such decision? Tho evurt hel hat the oe of cgama iro make the subsidiary imprisonment in hue of invaiveney” refer at only to nonpayment ofthe indemnity Bivuliotononpaymentof te fing, The court ndded that the inten- Hn eto make the phrase “with subsidiary imprisonment in case of Hioniency” rer to nonpayment of indemnty only and not tothe payment of the fing i would have omitted the comma ar the Pinus “o Indemnity the fended party, Mayor Arsenio Lacson in Hh umount of 10,000.00 peos:™ 300, Capitalization of otters. Like panctuation marks, capitalization of eters is an aid of low dogres inthe contruction of katte. For istanee ina statute Which provides thet “a will made within the Philippine Islands by Wektien or subject of another atte or country, which i executed Invsccordance seth the ln of the state or country of which he is tino or ubjet, and which might be proved and allowed by law af his own state or county, may be proved, allowed and recorded in tho Philippine Islands, and shal have the same effect as exeuted hecording to the ws of these Inland," in foes ata tne when tho Philippines was stl a tenitary of the United States, the fact that the wards “tato™ and “country” are not eaptalizd does nt mean tht the United States ie excluded frum the paso “anothor state or eountey™ In another ease it was contended that employee in the un- lasted service of the government are not entitled to security of temure as gunrantod by the Constitution because the use of the pital eters in the words "Civil Service” in Sections 1 and 4 of [Anil XI ofthe 1086 Conetiention and the te of the smal eters forthe sme words “civ servis” in the Civil Service Act indicate {hat ony thse pertaining ta the caseied service ae protected by the onstittonal provision on security of tenure. The court said that there i “no validity fm this argument." Capital © and ‘in the words ‘Givi Servi’ were used inthe Gonsttation to indiate Tir fon trie el Cine smn Ra. ANU ink st inp nt ir aac the group. No capitals are uot in the similar provisions othe Code to inca the aystem.” Ther is “no diferente between he use éspitals in the former and of small laters in the later. "There se 0 reason for excluding persons inthe unelasiie service fom the ‘benefit extended to those belonging t the clssifednervioe=" 8.10. Headnotes or epigraphs, eso, hing eiaph of tectony of« saate srs somenia inert ie ete ofits poe, Tae hed to wclinm or hapten ofa atte rosy wen lsat In ase af be or angling oe othe netion oh ata, thy ny bcos oh endings or eplraph ar rt, howewr, ete to me ‘cle nd Infrnces drtwn there ae of ie toe sa ia ner cir the plan arn the eacing lace oe ‘pat fhe ay bas bombed that whe aaa eed ina evra sults br arclen, baving epee spp endings mst be pronumed te the revinorecaeh eines cznaing upon the sujet thet so prt as nel a or ering sch questions a are enbaced ihren Bu We Fle acsptd yet ofthe ahi tha Ite chaptr a eto Ieding hasten nerd more coveniens or freee tod atari ptt uaa sould mellowed ea er Ms he ext of & sate is clear and. unambiruous, hers nithernecesly nor propriety to recut tothe heings & eieraphs of» section for interpretation ofthe text npcally here such eigraps er headings rw merecatchwords or feferencs ids indicating the general natare ofthe text that fellows The “vieraphs, or headings, of a section, being nothing more than & ‘onvenient index tothe contents ofthe provision, exnnot have the 19 cawermeion wr set of limiting Use operative words contained in the body of te ‘hus, the word “anater” in the heading of Article 160 ofthe Yovioed Penal Cade which states in part: Art. 160, Commission Uf another crime during service of penalty imposed for another [revo ferve,— Boeides the provisions of Rule 8 of Article 62, Iiny person who shall commit felony after having been convicted {hy fina judiment,belorebegnning to seve such entence, cr while ‘ving the same, sball be punished by tho maximum period of the penalty prescribed by lw forthe new felony,” cannot limit the lust ofthe article to mea thet ite applicable only when the new hie commited js diffrent from the erm for which th accused [neering sestence and not when th new and old crimes ate of the me ind, such ae homicide, fr auch deduction js nt warranted thy the plain and unarnbiquoss language ofthe tet. Secondary teh as headnote or epigraph, maybe consulted to remove, but tot to create, doubt noe ta imi rcontral the plain language ofthe S11, Lingual text Philippine laws are offlaly promulgated either in Enalish, Spanish of Pilipino, or either in two such languages. The rule in that unless otherwise provided, where'a statute is ofcilly promulgated a English and Spanish, the English text hall govern, Fhivin eas of ambiguity, amisnion oF mistake tho Spanish may be onal to explain the English test» Where, however, a latte ‘eetielly promulgated in Spanish or in English or in Pilipino, ‘vith translations into other Ianguages the language in which it 6 Urrten prevails over ts transuction. Thus, the Revised Penal Code hhving been originaly enacted in Spanish, the Spanish text governs fsagains the English text» On Us other hand, since the Juieary ‘het of 1948 was approved in English, the English version thereot ‘controls a egalnst ita Spanish translston * eee ‘Tee 187 Cait provides nth nti the Philippines is Pilipino, Section 20, Book I, Chap ofthe 1987 ‘dninisetv Cate rvs te merc a an ‘insttve tua promt al otal rp Brg x shall contre nog erie cal pr {neti onimn ober seth 8.12. Intent or spilt of law legislative intent or spirit is the controlling factor, t fa . See Se ‘unt be read acording to ie spt or intent For what is within Eoncnimer saucer tees ier auc Aigaaa noma aniratonan ‘he Intent spe of a tel that which ex ‘he word thereof whih cul be dacvered within sor conet ge cunt aa andr nent am ‘Sig a pee eh 25 Souk Pop Pr, “et Ca Cn Ge Chi 8 tm, i en pal Satur Conran ‘ton ro eonsrcTiON 9 sided, necessary, hy its legalatve history. flgiltive intent or hints ot enpreteod in aome appropiate manner, Use court can (ky interpretation speculate ae to an intent and supply 8 mean flrs found nthe phraseology ofthe law. Thay cannot assume a [ont inno way expressed ad then construe the state to accom hls the euppoved intention, fr atherwise they would pass beyond the bounds of dial power to uouep logislative power = Policy of lave The policy ofthe law, one atcertained should be given effect by the juicnry." One way of accomplishing this mandate is o give {tute ofdoubtfl meaning, constriction tat will promate pblie Shs" A construction which woul exery into effet the evident iy of the Taw sould be adopted in favor ofthat interpretation hich would defeat it A decent respect for the policy of the law Thust cave tho sur from fmputing to it a seldefeting, if not Asingenaous, prpose| For instance the poley ofthe homestead law is to conserve the land which homestead bas acquired under the Public Land Unt or him and his heirs. For this reason, the Iw regres that “Scept in favor of the Goversment or any ofits branches, unit, ‘hatitutons, lands eequired under free patent or homestead frovinions hall pot be subject to encumbrance or alienation fom the’ date ef the approval of the epplication and fora term af five Sas fom and after the date of tho issuance ofthe pant or gran.” {oie eff to such policy, sald provision shosld nat be Hiteraly| Chstrued to mean thet the Gveyoue period shoud commence trom he dete ofthe inoue of the patent or grant, but from the date of ltmorder forthe fsuance of patent, insofar asthe prbibitin rom Monaion ie concerned, for otherwise the intent and paliy of the Hin conc ea 1, Sei 3 Sn Ye, 179. Terme at 8 atmo Pre aspen Co. Lang Ro. 8408 Oita 2, soon, 20 SERA Te at Baae Sedge 4 N24, ‘thin, om sata ss ian Chon ag Ge 8 Fi 82 ci brn 0 a Ostman OH Ne Te ease, No, 068, Aagt I 175, 7 SCRA law may be avoided by the homestead by postponing the geting of his patent ‘The general pole of the Stte is aginst double pensions for the same services. Hence, in construing or applying pension hd aratuity ls, they wil beso interpreted as to prevent any pas from receiving double compensation, inthe absence af expe po. Vision allowing him to reeive double compensation. Thus, law which grants retirable employees certain Brtulty sn ado to other benefits to which they ate ented under eating ‘not beso construed as to authorize the grant of double gratuity the Phrase “other benefits” which canbe interpreted to embrce refund ot contibutions and payment ofthe isoney value of accumulated ‘vocation and sik leaves nat being ao clea as to override the general policy against double pensone = 8.14. Purpose of law or mischief to be suppressed. In construing a statute, the purpose of hjot of the law or the mischief intended tobe removed or euppressed and the causes hich induced the enactment ofthe law are important factars to be considered in its eonstrstion The court must Took to the hes to be secomplished, the evils to be remedied, or the purpose to be subserved, and should give the Inw a reasonable or lira onstruction which will best ellectuate its purposes The purse of statute is more important than rule of grammar and lage tn certaining its meaning" A state must be read in much way to give eet to the purpose projected in tho statute For statute derives ita vitality fom the purpose for whichis enacted and to fonstrue tina manner that dlregnrds or defeats such pret itto nuliy or destroy the lav." But eourts cannot assume som purpose ‘Stepan ay 12 Sct 2Siman Ba he UU, Gerace He Be Scere, Sa 2 tno arp GH Se i aa “iter Ep dan Borala GR Na 0 Seen 3 ‘Sao Cu CA 758 Jean 82 SCRA Be 6 ‘sr capri m 816, Dictionaries. Where «statute does nat define the words or phrases used lhwrein nor does te purpose or Uh context in which the words or pases are emplayed indicate their meaning, the courts may co fslconrny legal ens or eral a id determining {he neaning tobe assigaed to rach words or phrases.» While defin- {ins ven by lexcgrabers are not binding” courts have adopted, Inpro css, ch niin sup the onc she Imag ofthe partiaar words or trms ued in stato re Sly whee no rong razon exists why their deonary meaning ‘hold not be adopted inthe construction of the statute Dictionaries generally deine words in thelr natural, plain and ordinary eceptance and significance. Where the law doesnot define he words used in a statute andthe legllature has not intended « ltchniel or special legal meaning to those words, the Court may ‘opt the ordinary meaning of he words a deinen the dco it Forth not te awakes who are onary untrained begat and lesiogeapers, tue sttatary phraseology in (Dinanner i always presumed Sun ara ScaD a, Ell on Pa to lr Cortana J SAD 2 Soe eines Coro Ann, SAD 08,207 (9 ag Strlrng ova, 8 Pi 08 8D. hile ae A ea nef he Pe, ee. Eo Rlne Sar Powe Pi ROU GROG iacl season eS Ne A DS tener Cone Haik 108 PAL 5 0980, Baron egy ot SRA S17 es eda Stine, OX Ne A880, Noen 8.18. Consequences of various constructions In construing a statute, the consequences of the Varios eo steetions offered wil be ingaired into az additional sd to interpre {ation.” Wil he statute be given a literal seer liberal interpre tation? Wilt ho accorded a restrictive or expansive meaning? Wit beconstrued retroactively ar a7 Hs a ater law imple repealed apr on the ane sje? What ae the consequence ‘onstruction as compared to theater? In construing statute, the objective should always be to amie at a reaconable and sensible Snerpretation that i in fll acord with the logilative intent As a seneral rule construction ofa state thould be rejected thst wil se injustice or hardship: raul in sbeurdiy* defeat lgilaive inento spirit preclude accomplishment of lgilative purpore or object” render certain words or phrases surplusage;” mali the Statute or make any oft provisions nugatoy. 8.17. Presumptions. | construing a siatut, the court may properly rely on presumptions aso lgislativ intent inorder a reolve doula a ltseorrecinterpretaton.Presumptionsarebased onli enperence and common sense, and inthe abwonc of conpeling reasons tothe contrary, doubtsas oth proper and erect constrution ofa statute wil be resolved in favor ofthat eanstraction which In accord with he presumption on the matter. These presumptions include Une presumptions in favor ofthe constitutionally of » statute of it ampleteness~ fis prospective operation. of right and jute of te elective, sens, Benfial and reasonable operation asa ‘whole aswell a those against inconasteney and implied repeal" Seat Te oe cow note Prams 0.88, ae Seam SE eet ae Ess Eee SEE cam Smee Stas mn to consraerion wm Witte Hi nneceasary changes in law impossibility absurdity,” injustice "insonveniance and ieee B, LEGISLATIVE HISTORY 18, Generally. "By looking stand investigating the the court ville able a ari atte threonstruc and apply, and ofthe facta which alec its derivation, ‘lity and operation 19, What constitutes lgislative history. Senrally speaking, the hry fa tea rf toa ta cot ee een tl ts nactment ino ay ery rte pr and ap ane er the tine ie i Reed unl fall poe by the legate Ie inde Tareas mecag i the bil wont in repose ther, AS ecpantry nue accompanying the bil, conte reports ints neat an pe herngy on the sult othe USinieSpensort yesh tv debate nd dlberon cose see esi nadnent and change parson whi ‘eeecn re nal approval here Sas ty te CEA OE ruse cite Vater Tan 80 2040, avin eT tan a 688) the statutes based on ria reison of plo tatute the Initer's practical application and judicial construction, the rasan amendments it underwent, and the contemporary evens tthe ne of its enactment form part a ts lgiative history. I the sates is borrowed from, or modelled upon, Anglo-Amerian prccslents oF other foreign sources, it history Incudes the history of such precedents, and for a proper construction of the state sou fo bo construed, it is oftentimes eesentil to review such logisative history and find authoritative guide forts interpretation fm such Precedents, their practical application, and the denon the {lure contrsng and applying sich precedents inthe entry In Celestial Niel Mining Bsploration Corp. Miroasie Corp, GR. No. 169080 [December 18, 2007, the Cat hel tiga wall-established principle that in the interpretation ofan ambiguous provision a law, the history ef One enactanet of the law may be used as an extrinsic ald to determine ‘tho import of the legal provision or the law. History ofthe enactment of the statute eonatittes prio laws on the came subject mater. Lepsative history neeaitates review of he ‘rain, anteewents and derivation” ofthe law in question to discover the legislative purpose or intent. It can ne autumn {at the new legislation hs bon enacted connate ‘he isting ogaatve polly or nea new effort to perpetuate corfurdher advance t= ‘8.20, President's message o legislature. ‘The Constitution provides that the "President shall adress the Congress at Use opening of its regula session. He may als sppene before it at any other time The Presidents adress or meseoge wally contains proposed legislative measures, The Presta’ ‘message indicates his thinking on the proposed legislation which, trhon enacted ino law, follows his line of thinking onthe matter Courts may, thus, refer othe messages ofthe President the lag, mn aac i 2 Fa 65; apr 1 ‘ii te 2, se Crntatn ‘Tina Nne Sony TP 12.4046, toro comscTON v0 Wsloar 0 determine eialativ intent fd state ented in onset the President's request embodied in auch messages 21 txplanatory note lanation ‘An explanatory note ia 9 short exposition or ex Aoompnying a proce gation yi athor or propane (onuanasatemente othe sesso or prose of the hl es wal as AMments advanced by ie suhorn gg passage." Where thre is ambiguity ina statute or where a statue is fuse moe thn ue negation cota ay rent {he ekplanetory noe to clanty the ambigeity and acertan Mo nto haa’ Te matt ay thn be [miedo te oth purpose o intent a dlr nite [lanstory note Ths, whore the question invared is whether (huts ated or chged sensing law and he explanatory il i rant ted i oe at it the purptc simply to scare prompt action om xan mat by the eter concroed and nat to change the existing lw, the Maat shuld be snstrued teary out uch purpose. And were {metnnatin ft explanatory note and the dacuanion onthe Wines indpatbly tat «pal state was realy Intended tan emergency measure t cape ith the abpormal stuation Sroated by the subversive aeetes of saitioorerganizaton at theme a te pasoge, te state sould e 20 construed ef Feuie, e an clement othe ere, membership such sodtons Snzaniaton even the ex of the seatat alent ons face so ‘heh rquenene, in ode oefetane lysate intent "The explanatory note may not, however, be used as basi or sivinga staat seunng that icomastent with What i rowed inthe ext ofthe satte. An explanatory not a resred {Dll fr lariat neve of ube and nae where there i tacos Semi it Ne it Ober os, 9 SCRA BB: Pop ‘Sin os a eo. eee se Rt Ba 9 8 56 Np ‘ah iar 08 50190: People Parsing OX Ne 0, ‘Noemter 0 8OBCHA SE mbigulty in the law: Nelther en be ad Justifcatin ore ‘meaning that doesnot appear nor is reflected, inte language ot 8 statute Being writin ony hy Uhe author or proponent a tie Di the explanatory noe is w more expression of the aor’ views and reasons forthe propoed legislation and may not accardigly ‘override the clear lgiltive mesning or intent ws expresoed inthe atte tele 8.22, Legislative debates, views and deliberations. Courts may avail themselves ofthe setul proceedings of the legislative body to assist in determining the construction cf sttate of doubiful meaning. They may resort tothe legate dliber ons in the legislature on a bill which eventually was enseted nto law to ascertain the meaning of ts provisions. Ths, where there is doubt as to what a provision ofa atute means, hat meaning ‘hich was puto the provision during the lgilative deliberation of Aiscussion 6a the ill may be adopted However, the views expressed by dhe leilators_dur seibrations fil no he ie purpose, meaning sree oe bot controling in the interpretation ofthe law" For sates ‘nade by assemblymen daring for dlberatons do ot nenaiy ‘ft the views ee assem I impose to datermine itt Suthority what construction wae pat upon an ach the serors of {helegalatie body that pane he il by eerting ote epesehee tte members there! Tose who di ot teak may not hee ‘erect tne who di anche who spake might der wile Sch other And even the satren of hse who spake Ff Reviews ofthe assembly. fie aca pated psn solr ten esas, ee rae aa ee aes reine ‘run v. City of San Caro GR, No. 4004, Age 6,178, 62 SCRA sia: reas Sse AN Meets ms ‘pte 12 Pha don Mayon Mon, Commnr alo spurt Pubes apna Cs CH Ne loud 058 SERA ian” MH okay Che Came ah Ament Ba 17 PL 8 ‘Arn To CoNTHUCTION oo eto be ve feta hunted and nt he india hrs otiterl to ba Assoringy he pins and Views rt ye agile Sringeri a il may Jive'sen welt anu om ilowin instances: where Wwe ccna nt mening of ne eat cpr by elegans whee fh vows expres terete ett intent Ste rom woh ews ot norere atte nvled ee fom ambit "The opinions expressed by legislators in tho evurse of debates foncerning the application of existing laws are not also given thadaive meght especially where thelegllator was nota member of thenvembly Hat enacted wid lave. Al that he could state was his then interpretation of te law." Where two or more statutes relating (0 the sume subject matter were enacted by different assembles, either ie qualifed owpeak about the intent ofthe other ‘Where the statto i lear and fee from ariguity, courts will hot ingute into the motives which infuenee Ube leisatare, or n= tvidual members in voting fr its passage; nor indeed ast te in- tention of the drafisoan, of the lealators, so far as thas not been ‘pressed inthe act!" To read into the law the supposed intention of the egsatorsy whee there xno ambigulty init, would be to supply Something Use does not appear in the ac 828, Reports of commissions. Inthe eadifcaion of laws, commission are usualy formed to ‘compile and eallete all lawson a particular subjeet and to prepare the draft of the proposed code. Thus, special exmmissons were ere- hed to dat the text ofthe Revited Penal Codo and the Civil Code Icaneraing the provisions ofthe code as thas enacted, cours may ‘hon intr gn Bacto Sortary, Ne 2685, November 2, 175,685 (090, Caeman Mey ay 6 Pa 0 0 ‘Sey Cas ie Came nd Anse 9 ™ “erarurony consrnvetiOn broert mferts th repr fhe coin that ded te in aid of elarifying ambiguities therein. _ 8.24, Prior laws from which statute is based. tn sing th neni ote Ive, permed loos paws onthe same salec an sens {heeled of te tate iveved= Tis ae apse {ppb te ntpaatin oer, Tesco cha Stat he pir nc vee ie, cea ‘run il sw he pain hy ta lea ane Ft aed iit on he mang ad op of nid Cue nay bcd rte he pine In Pople Maron a re a oe ee {nln ch pron entacdn Sant hi aoe Hn Glew pn thet nfl ‘cust ney pins sal Sa res ay inner tn rte tn eg Wetsuit poe apron ton sad evs, He dims tat Sct 4 oe Cae stake re Soni af te Raed Anite Cod whch oa ‘Xe heh i stan jen of he pss ane itl of tne of ay pve hal ey ee 5 sth phan Sob aed Stn pe te ‘xin rd neon he nae one cps om prt, In eng ch gue ila tn wor geo un af peace he Set i at ere the Naty Revd Bon Cate ‘ia ay nd ry te sone otc ee sn te ein et. spall een pre ple Sri tices ae rea ee secur” Moana Pht 8 OB Go Chi Marin, 45 Pa ‘tng 70 consrcrion v0 9 ects om August 22,1998, reada: "No jsten, jug, Hcl from which Section 54 ofthe od Revie Hletion Code was fake ‘This estate history shove that in the two instances when the words jure of the pao” were omitted in the law, the word Sue” which preceded te enuneration didnot erry qualifation te pray “othe fist instance,” Ip other words, whenever the Word "fudge was quali Uy the phrase “of Best instance,” the Mtr huste ofthe peace” would fallow; howeer, the lw simply Ill sge the words Surtie of the pone” were omitted. This tern of lgiltive phrascology indcatos thatthe legislature did fot intend o exch ea offer rom the operation ofthe law and th Ht considered said officer comprehended inthe generic and Fo tor judge In Dirator of Lands. Abaya the statute involved allowed ‘hong within ten year, of claim tolands that “have been or are tout tobe, desated land ofthe publ domain, by virtue of jel ProveedingsInstitted” in cadastral caes. Tho question raed is Wien fo count the ten-year period, ether frm the date the decision Was rendered or from the date jail proceedings were instituted In'he eadstral ease, The court resolved the sue by reviewing the prior lawson the subject. noted that cere were four lawson the aja, two of which refer in their ties to “ands that havo been Akclared public land by virtue of judicial decisions rendered,” while the other two filo make ay such allusion. However, the ext fall Four laws, including the wate involved, speak of lands that “have tren or about ta be declared lend af public domain by virtue of jd proeedings nated” Iie aleo noted that tho explanatory ‘ote showed thatthe intention was fo authorize ling ofthe claim {o tote that have been declared publi Inds “by vieuo of judicial Alcatons” but such intention waa not adopted by the legislature ‘when it adeno aration sn the language ofthe statute involved ‘has to reflect such intention fe further stated thatthe Tat that in ll our acts ofr passed by the logilatue onthe subject there has ‘been repeated and consistent reference tothe institution of judi proceedings asthe starting point inthe computation of the period Sten years a is xx sigiinnt. Te shows beyond question the deste ofthe legslature to edhere to the ane and only method of ompotation consistently followed by i since the Beginning” which ar {is trom th date ofthe institution of the judi proeeting and not ‘om the date the judgment therein is rendered Solayaay v. Castro involves the interpretation ofthe phrase actually holding" ina provision which states that “any clive pr Vinell, municipal, or city oll running for an office ther than the one which he is etully holding, shall be considered resign {rom his oie fam the moment of ling his certfent of eaniacy ‘The jseue is whether a vicemayor who temporarily tose over the functions af the mayor lowing the latter's suspension fom fice, be deemed automatically resigned es acting mayor upon fling his ‘exricate of candidacy for mayor. To resolve the las, the sour, ‘examined the legislative history of aid provision to ascertain le isltive intent. It noted hat the provision was originally Section 2 of Commonwealth Act No, 656 which provided that “any elective provincial, municipal o ety afl] running for an ofc ober than ‘the efor which he as bee lastly elected, shall be considered re- signed from his oie fom the moment af the fling ot his eerticate of candidacy." This was the situation ln 1947 when then President Roras tok oie. The national eletions for provincial nnd muni Pal officials were held in 1940 fora term ending December, 1948, Sings the rele of holdaver waa at then infuse, President axas appointed many lea offal to Use elective pesitons, And tne able many lel officals to continue in oflee even afer they had ‘led ther certifieats of candidacy for sald postions theless amended Section 2? of Commonvrealth Act No. 866 by aubattuing the phrase which he ie actually hading” forthe phrase “for which ‘he has been lastly elected,” the purpose being "to give the bene or Privilege of retaining office not only to those who have been elected ‘thereto but also to thse who have been applnted” or “wo regular incumbents having the right and tle tothe oie ether by clon or by appointment.” “Bearing this intention ofthe lgilature inthe "regard in mind, itennnot be said that a vice-mayor" merely ating ‘8 mayor becase ofthe temporary das of the regular acu bent comes under the provision and exteption because he “ats a ‘mayor only ina temporary, provisional capacity "= Nato comsu.erOn um ‘488, Change in phraseoouy by amendments ‘hoch pce by ned pron of aw Ips oh aten cng he ening oe poion fm ta ignly aI enring tne ainda prove, fara ny inven he Wstory tte poi axa Hg atone ton manning o soe of te amended MPs er th gate isry sv nt stata ae Airine tv atime sch senientwing ier Hols, th dtbertsleston angge ring om at Wine nrc xten ieee inet at change sng Ati lowes none vt ors cnn that a {ho ref sch ange im mesning= Where te nw has boon Alvis whch gure pata San ost eileen rom {helaw ports tmendnens ofl mun be gen o canes Ah try agg Change ade by he alate i th fo of emai ton staat shuld be hen ef tether th ther pt a tbe Anne cor not ob preset tbe legate, making mach chnge, was ndiging meray In semantic exer. There nts pares ln ng then which soul be ‘rand ond pen eo Tsztv oh ales Commoner of Cato Cort of ‘Tux Appeal Th i ries wether vee whch tha st a pialy ovo wrt rf bbl or pment fhe Berth intr unr Se 201 ote asad Cons Cn wich, ‘Send by PD Ne Btn tn va erthng a ‘tuo! pal pay binge Prior ad mens, the ine roll tat sch fe tlle om ay rel bering ‘atany por" In recline aaa soe te Cour ote {hat be word "natin fore te word or wa ered the Smenimen sated tht ec ose fn pasa by amen tetefa poo flaw ios gia ent ochang tbo ‘enn ofe rvios um hat cgay hd ape pre 707 tnd latte lasers the wor ain re he Tala Caiy 6 Pi 41855 Ppl Maan, 18 FT “Atayan «COMLEC, No 167065 Mach 2,201 word ‘port ie clear indention ofthe legislative Sntent to chante the meaning of Section 2901 fom what i orginally mean, and et ‘mere surplusnge as contended by petitioner, in the sense thatthe ‘hang merely affirms what eustoms authorities had en abserving long befire the law was amended that Ia “the duty af the Court to give meaning othe amendment” and “hat er Section 2001 of the Tari and Custome Code, as amended ty Presidential De ‘ree No, 34, only vessels berthing st national port (at distinguished ‘rm private or municipal prt) ar able for bething feu 226, Amendment by dl ‘As a rule, tho amendment by deletion of certain words or phrases in a statute indicates that the levslature intended {0 ‘change the meaning of tho statute, fr the presumption i thatthe legislature would not have made the deletion had the intention been not to effect «change in ite menning, The amended statute shold cordingly be even onstruton diferent from tat previo fo Its amendment Whore, frintanc, a tatat containing provision prohibiting {he doing of arta things in amended hy diting such provision Uheleglativeintentis ear tha the doing oad hinge lo nolanger proscribed inthe amended sate = Where w stata containing hald-ver provision ening ane ool on to hi ofc afer theca star sis tcl he bern chosen ‘and: qualified, i» amended by delsting nich oldcver provision And providing or the ling wp of al canis which might oar String and ater the expiration os term of afc of public ocr, "ich amendment shows the maf intention ofthe lgiatore to Suppress the holdover principe Where a state which conte a [rovison authorising the Commune of Cstome to compromice {ho criminal ably of fenders in cane of una importation, i mended by deleting wad provision, the eliination of deletion st said provision shows the intent of he legate henecfordh not to allow compromises af the afenders criminal bly in such re et as etn tne ihc. Similarly, where’ a statute governing the formalities and ‘esouton of «wil ad ntaiiny saving elause which tata that Si uence of sch form of ttertaon shall not render the wil Inval ieproven thatthe wil Was in fact signed und atested” Munsumended by eliminatingsai saving cla, tereean benodoubt Tht the intention othe legislature was to exciade evidence alte Forting the attestation of «wil nnd that where such evidence Ss admitted without position, should not bo given effet so as Tt go defeat the manifet intention ofthe lgilaure In amending the lay. And where statute contains a dentin of terms and faeptions thereiom, the amendment of tho statute by deleting {hscetions carly shows the the definition in the amended act tibraces overything embodied inthe dete exceptions = In Goria v, CA» the lasve raised is whether a pubic officer or employee, who hasbeen preventively suspended pending Investigation ofthe administrative charges aglnst him, i ntti {ous slary and ether benefits during such prventve suspension. Ih revolving this lame inthe negative, the Court stated that Sec. 3 of the old ii Service Aet of 1958 (R.A. No. 2200) which then povided that i the respondent offer or employee is exonerated, "the shal be restored to his position with fll pay for th period oF euspension* was amended by deleting the provision regarding payment of slaves during suspension, and that sid amendment is Forth purpose of disallowing the payment of saris for the period ‘Wosspension. "The Court added that this amendment by deletion ‘should be given = conatrocton differeat fom that previous to its sendineat In Buenaseda v. Flavier one ofthe aes raised refers to the proper interpretation ofSee.24ofRep.AetNo.6770, which proviesin pr thatthe “Ornbudutna or his Deputy may preventively suspend nay fice or employes tinder hieauhoriy pending an investigation” It's claimed that under the provision, the Ombudsman can only preventively suspend respondent in administrative cases Who aro played in his offend not thoue who are employee in other ‘lparintente a fice of th government, in lef the phrase “aay tlic or emaplayee under his natherity-"In holding thatthe power Tiny Fors, 4 Pt 190. spc sg Syne i ey Commi, 34 8 Seu scan, ca 27, (0 ing abn Ap, Seay ofthe Ombudsman extend to other publi oficars or employees as ‘the Court red the legislative history of the tae and gave ‘uch weight to the deletion of words from the nal verion of the Taw. The Court ruled ‘The origin of tho phraso canbe traced to Section 694 of ‘the Revised Adminitrative Code, which dl with preventive "epension and which authored the chief of «bareat or oor to‘munpend any subordinate or emploveein is bureau ar Under his authority pending an investigation x" Section 34 ofthe Civil Service Act of 1950 (R.A. No 2266), ‘which superseded Section GD4 of the Revised Administrative Code also aathoizad the eie of «brea oro tasaepend ‘subi fer or employe, inhi bureas or under However, when the power to discipline government ficial and emplayece was extended to the Civil Service ‘Commission bythe Civil Service Lew of 1975 (-D. No. 808), ‘concurrently with the President, the Department Secretaries {nd the heads of bureaus and ofcs, the phrase subordinate cer and emplayes in Teaving the phrase "under his euthority" Therefor, Section 1 fsa law only mentions thatthe proper disciplining authority ‘nay prevenivly suspend ‘any subordinate afer ar employee “under his authority pending an investigation xxx (See. 4D) ‘The Administrative Code of 1987 also empowered the proper disciplining authority to ‘preventively suspend any fubordinate ofcer or employee under his authority pending fan investigation” (See. BD. ‘The Ombudaman Law advisedly deleted the words ‘subordinats" and ‘in his bureau, leaving the phrase to read ‘uspend any officer or emplayee under his authority pending sn inventigation xxx The conclusion thatean be dedaced fram the deletion ofthe word subordinate before and the words “im his bureau’ after ‘officer or employe” is that the Congress intended 1 empover the Ombudsman to proventively suspend all oflals and employees under investigation by his oe, Inrepective of whether they are employed in hie ofc’ in ‘thor ofes ofthe government ™ (het, Wxceptions tothe rue ‘the rule that ain aiiendinent ofa stato indicates a change We isnning fom that which the state originally had applies oly Mun Uw lot words or phrases are nat eurpasage or when the Aotlon is clear to change the previous meaning ofthe old law. Merle dove net apply where the intent, as shown by the history of Ap scien, er tt the asendment precy aay Uv the construction of de act prior tats amendment cats Jitlnngunge ie not suficentyexprensive of uch eostrution In the revision or coication of statutes, neither alteration in hvoselogy nor the omission or addition of words te later stat- Mii be hed, necessarily, to alter the eonstrcton ofthe former ents The court i only warranted in holding the eonstratons Phat, wien revised, t be changed, where the intent of the Mature fo make such change is ear of construction. It should Ii rumembered that condensation ise necessity in the work of com Putin or eodifeaton or evsin. Very frequently, words which do ft marily ffct the rence willbe omithd frm the statute as Imorpoated in the code or revied statute, o that some general Vln wile expressed in brief phrases. No design of altering the thw cel null righty be predicated upon such ediation of the Tangage 18, Adopted statutes ori satatee which ave addin cane o fom ict ase pera frm prt of helt sry in Wess he gener le eta where ll aaa er orate spd om hom anther cone. deine itinerant a se Tre te Se atrpcston osha state and Areal Bled if ound resonable son harmony wih fom acpi and eras an ona Ade soa deleted sata shad rend in ondaental sae pletion nth cary fom whence ‘Shee Gv Ben, 1 Pi 660194 Carin Inds, In. CMS suk es in ta May 1100) 97 CHA 3, ERT Pars Ga vs taken The reason ha he elt inadptng trun atte wih previ jel ‘eration in that sunt, eden have apd he at wih ch entrain an praca! aplation ine county ca A suber of Pipi Ines are adopted fram, or alterna arth laws ofthe Une Sater oa th nr ate of th Arerenunon sich he eration th oe toi la wn," natralcton award te Reel Cars Fer this reason courte have says themavs “sed the Filings ofthe Ssreme Cast afhe United Stoee i oeacuing fl apiing stator enaciente mele pen horrors fro Bnglsh oe Amerzan orga" The adpled vata re thus goerly onto soins wit the cation vee Simi satats in the Une Sates, nes spl enn neal ‘stoma and pace rue serve For instancs, the rules on evidence having ben dawn mai ‘tom Ameria sours, dain of American eur, hve persue sv fle. The general rules that wher lol rule pated ar coped ta hat of nthe cnr ten the decent ate in'sush county constrang the rule are entied to great weight In interpreting the local rule." ion 829. Limitations of ru ‘The general rule that a statute which hasbeen adopted from ‘that of foreign country should be constr in accordance with cee Nec oe haga Bk 07 2018: Coe cache itiat miami cetera anon yo, “ih Nita Bonk Boos GR. Ne 2025 Joly 9, 3865, 14 968A "Pele Ppa, 19 SCAD 8, 15 SCRA 26199, ‘mero conan wo lhe onstruction given sin the country of origin Ie not without Hications, Where theca! ae and the foreign statute from which Hs former wan patterned fer in sme material aspects whore He foreign construction is clearly erroneous or has not became halle or whore the adopting state has given the statute ts own Iierpretation, the presumption that the foreign construction tube nape with the adoption af the statute no longer obtains Pilippine laws must nosssariy be construed in accordance with {he intention ofits lawmakers and such intention may be deduced fio tv language ofeach Iw and Ue context of other egsation elated Usereto= Republic ofthe Philipines v. Meralco, (8. No, 181314, ‘Api 8, 2008, the Cour rte: American decisions and authorities are not per se ‘controling in this juriadiction, At bet, they are persuasive for no court olde 8 patent on correct decisions. Our laws hurt be construed in secordance with the intention of our ‘hun lowonakers and such intent may be dedeed from Use Tanguage ofeach ln and Use contest af other local legislation ‘elated thereto, More importantly, they must be construed to Serve aur own public interest which isthe be-all and the end- All fal our laws. And it need not be strested that our public inert ie distinct and diferent from others Rate regulation fall for a eaefl consideration of the totality of fete and tireumstances material to each application for an upward ate revision. Rate regulators should stint strike a balance Ttween the clashing itereta of the public utility and the ‘onsuming public andthe balance must assure a reasonable ‘ate of return to publi wiltes wilnout being unreasonable {othe consunning public, What i resonable oF unreasonable depends on ealealus of changing circumstances that ebb and flow with time, Yesterday eennot govern today, no mare than today ean determine tomorrow. Sy Fada, 94 ar 80, ‘SRR Yeh BU cn Chin 101 Ka 1,266.28, Se Se br Caml Pi Manatring Carp Com ‘en xo Bey, 6,2) SCRA “ “FraTUToRY consTHUCTION 320, Principles of common law. ‘While common la as known in Anglo-American jurisprudence {is notin force inthis euntry, save only insofar aa its founded 09 ‘ound principles applicable to aca eonditons snd sot incon with existing laws, nevertheless many ofthe principle of the com ‘mon law have heen imported into this urediton a arsul of the ‘enactment oflaws and establishment of insite sila to Uns of the United State. Courts may thus properly resort to common law principles in construing doubtful provisions ofa statute, par. ticularly whore such statutes modelled upon Anglo-American pres: ‘dents = However, where theres cafe between a common law Drinciple and statutory provision, the latter prevals= 8.81. Conditions at time of ensctinent, Statutes do not operate fn a vacaum. In enacting a statute, ‘the legislature is presumed to have taken lato acount the existing anditions of things atthe time of ta enactment: For this reason, roper, inthe interpretation af @ statute, to consider the phil Conditions of the country and the ereumatances then obtaining Which must of necessity affect ite operation in order to reach an lunderstandingas tothe intent of helegnlature,o aso the meaning ofthe sttate®'The court should then place itself in the sittin of the legislate and so eantrue the statate as to give fet to auch ‘Thus, where the issue raed is whether a petroleum conces sonar is entitle to tex exemption even ifthe crude petroleum it ‘fines simported, the court, answering the question inthe aime tive ruled: "When the Petroleum Aet was pasted andthe concesion ‘as granted to respondent under its provisions, it was wellknown that there was then no Philippine crue petroleum aval for he use of any refinery in Uhe Philippines which makes it obvious that Congress could not have intended that before the exemption may be ‘extended to a concessionaire the later should only refine ede Po "hema Yedaeg No. 3898, Marc 1968 18 RA 40 Cari ~ oma SAN Sry het “US Go Chi i Pi 198600 Comins Cunoms Supe (Gua Bap Cn Pa 21 304012 Kapa U 1 PA 808980; for that would defeat the very yoo pce in the Philippines Petiven a he Act 9% story of he times. he sorting loko thy ttm examin te ate (hing nog when the atte was acted interpret in Uhalghcrihcmitionscbsning I habeonanithat mata IMuldnobo costrond na spre ii ores proopanm ating Aunt nye Genera itn be ld tat Setrmning the Manna itn and purpue oslo etna proven, They fhe tine ut we grow and to wich may Menai spp eter soe die lana the ev Indo be wed, aa the godt be acemplsed oe proper ult ny Tn ation, “law being manifatin of sil care sd progam, as be trp taking it consideration the sine ech tae progr ning tthe concraian mtn The ered hy evan apn, ot snl om Ue teaching of histor, mn precedents an editions, Iettomtnnenens feene cover oes, enn of thiker, Morro pont that the sures rn which may ang fhidance an help oor tut sa the human laos Tuli ty ihe law to be ott and apo roe (sedans advise re etal men pes runes Tech somet and Jat cncluna= or ow ota watertight Simprtest ela rst fm th ont withthe drama ot itech nds before our eee sons latered ree tit bury aten whch evn aebeld op tour von ad ouch oseeten "Shee recgccmsrne Gam: Gncaent ner Ba C. CONTEMPORARY CONSTRUCTION 3.3, Generally Contemporary or practical constrictions are the sonstruc- tions placed upon statutes atthe time of or afer, their ehaciment by the executive, legislature, or Judicial authorities, as well as by those who, beats of thelr involvement in the process of le tion, are knowledgeable ofthe Intent and purpose of the lav, sch raftemen and bill sponsors, Contemporary ar contemporaneous outrun an vault contraction, byte ur, ambiguous or doubtful provisions ola. Contemparonea espositio st optima et frtssia in Tage ~ te contemporary contruction i ‘strongest in aw, 834, Executive construction, generally; kinds of. What is commonly understood, and usually referred to, ax contemporaneous construction isthe construction placed upon the Statute by an exceuive or administrative ofcer alld pon to ‘xecite or administer such statute, The duty of enforcing the law, ‘which devolves upon th executive branchaf government cesar Calls forthe interpretation af ie smbiguous provisions. Assoedingly, teeutive and administrative officers are generally the very fred biils to interpret the la, preparatory tats enforcement These interpretations are in te form of rales and reguletions,cvclars, irectves, opinions and rings.” ‘There are three types of executive Interpretations ofthe la. "The it i the construction hy an execitiveor administrative ec dliecly called to implement the lar Ie may be expressed o inp, ‘An interprotaion embodied in a crelar drctive or regulation i fan expresied interpretation.” A practice or mode of enforoement of ‘ot applying the statute ta certain situations or of applying it 8 particular manner isa pled Interpretation, iti interpretation by usage or practice “FS ant ay Cle a Cats 1 a 8 27 cena ne 9 Mi ae Iie GN AT, Peary 4 388, 18 ain Ray, 28 Pi 698 Madrigal, 28 84 cau yD ae Ctr Res he second type sth contruction bythe Secretary of Justin ln his enpuity aa the chet legal advsar of the government. Te In the form of opinions isued upon request of ministrative or fheutive oils who enfore the ln, In the abwence of dll Failing on the matter and ness reprabated by the President, the plans ofthe Secretary of tie are generally contalling among Wiinistrative and exeeutive official ofthe government. However, the Prosilent or the Executive Soeretary, by thority othe President has the power to med, alter or reverse th construction of state piven bya department cacetars.™" ‘Tho tied kind of contomporancous construction is the Interpretation ended down in an adversary proceding in the firm of ruling by an executive ofeer exercising quastjtiial wer, "Te court ina ease pointed out the distinction between an [Inrpretation by an executive lier charged with the enforement Ms tow and that handed down by an executive oil in an vorsary proceeding: “There is indosd bss fer making such a Ulstinction hese the postion ofs public oer, charged with the nforceentof la, i diferent from Ue ane who must dacide a Hspute I chere ie afar donb, his dat i to recent the case for Ue sido which he represents, upon which les the responsibility of Uhision Ihe surrenders «plausible construction, it wil atleast it ny De wurrendered forever, and yet may be right Sch rungs ced not have che detachnen ofa udiil or semua decision, tind may propery erry bin, would ser Uns Uy sould not bo ththortativ 1.85, Weight accorded to contemporaneous construction. Gnerally speaking, where there is doubt esto the proper lotorprtation ofa statue, the uniform construction placed upon IWy the executive or administrative offer charged wis “forement wl be adapted, if nacanary to resolve Use doubt. The ‘ntesnperaneoas constrton is very probably she tre expression Ute lesative purpose, expecially f the construction i followed SEAS rs See ee tema for considerable period of tine. Iti eh ented to great ‘wig and respect by the court in he interpretation of enbiguoan ‘Provisions of aw, and los thown wo be sry eres Solemperancous constriction wil conta the inurpretation atte bythe courtn In he abuace of ror oral of power or lnc of jnsicion or grave abute ef Gcrtion dearly concing ihr tetera ttre ane ting charging governmental agency, the action of the agency would ‘ote dtr by the court Avapty aid inscase “he prince {hat th entemporancous eonerdction of state by te execute afiers ofthe government, whose diy ito exeete ys ented to great respect, and should ordinary central te ensratin ot {he statute by the courte i 0B eneded in car juisiton that no authorities need be edt por i ‘The reason behind tho rule that the interpretation of a sdministrative government agency i generally accorded great espace expnited in Nee Philips Ine. Court ef Apes “The rationale for the rule relates not ony t the emer- ‘gence of th multifarious needs ofa tadern or moderaizing 50. ‘ety andthe xteblishment of diveree administrative ageniea for aldressing and satisfying thoce need; tals relates to the ‘sccumulation of experience and growth of speciale cael ‘es bythe adiinistrative agency charged with inplementing pertcular statute In Auras Sugor Central nev. Commie oner of Customs, the Cour stressed that exceutive of ‘re presumed to have feaarzed theatlves with all the con. ‘erations pertinont to the meaning nd purpose ofthe lw, ‘nd to have formod an independent, conscientious and compe: ‘ent expert opinion thoreon. The coures give uch weight to can NARs, 8 Pa, 1618 Mur Ray, 38 4 ‘Smt, imine of Coins No. 30 Speer tS Serr Gi hay Rn Se A ht SO imap otal 6 ra ee ere He ing Cp SCRA $4 00, ‘Ann To conCTON va ‘he government agency or officials charged with the implemen: tution of tho ly, their ompetanee expertnes, experince and Informed judgmont, an the fee that they frequently are the Arafters ofthe law they interpret." ‘Theweightthat may begventoacontemporancouseonstuction Increases as the fered which itis followed and observed Tungliens and ts sceeptabilty widens A classical stration is Philippine Sugar Central», Collector of Customs. The question Fain inthis case is whether the goverament ean legally collect Altes “ae a charge for wharfage” required by s statute upon all fils exported through privataly-owned wharves. I appears that lithe lst twenty six year, wharfage duties have been levied and Collected even during the pried when the goverament never owned hor aerated any war. The court resolving the question rule hn we consider thatthe tax in question has at all times for tentya ears been levied nnd collected bythe government before IRowned or operated any wharf, and tht thas spent millions of os inthe construction of wharves nx prinepal ports of entries FP the importance ofthe instant cave and is far Faching effect ton the finances of the government xx x stands out in bold reli Ii! becomes very apparent, and this court ie now called upon to ‘overthrow that long continued constuction and in legal fle: to Il hat bees the sugor was shipped trough a privately owned thar; the government ie notentiled te collet Ube money in question "isa charge or wharfage’ The long acqulescence nits construction tin the far reaching effect of auch decision makes it imperative fortis curt sustain the law there ae any reasonable grounds tion which ican be dane. x33'The le in question eould have heen epualed or changed at any time by an act of Congress, In view of| the lug contntedconstrction which has been placed upon it by the government oils, nd for which they naw continue, the very Fact that Congress has not seen ft ta repel o change tho law is & ‘ory poten argument in fovor of sustaining that construction. The language ofthe Act could have een made more specifi and certain, Intin view of ta history, its long eontinuous construction, and what has been done and acsmplibed by and under i we are carly othe opinion that the government Is entitled to have and receive SES seein ssa a seman... the money in questo, even though the sae wa shipped frm private whart."" on ‘Thule that contemporaneous consrton entitled to grat veiht end respect in the interpretation oft taut i eel Tar undr the 179 Conan, where some ministers or heads ot ‘eeatveminsriee or deparements ae sn members of the Ba ‘ng Fumbenan In thi sunny, ia presuned Ua eect ‘ica beings reber feleglatar, knew the lel {ent and elected hat inet in consumo the 8.6, Weight accorded to usage and practice. ‘The principle of contemporaneous exposition, common usage and practice under th statute, or course of conduct indicating 4 particular undertaking of it, is fequently of grest valve in Abotermining ls real meaning, especially where the usage has boon tncglsced In by all the parties eoneerned and has extended over long pared of time For it has boen said thatthe best interpreter ‘ofthe law is usage. Optimus interpre rerum was. Ths where “statute granted the Philippine Charty Sweepstakes Ofc sdlitional regular racing days, at the time of which enactment the long fntinuous and uniform practice was that all weeprakes draws land races were held on Sundays and during the whole day, iis sate {o-onclude that when the legislature chose nt to specify in express terms how the addtional sweepstakes drawe and races would be hel itd not intend to disturb the then prevaling practice andthe atute should thus beso construed as not to change the practice.” ‘337. Construction of rules and regulations. ules and regulations issued by executive or administrative officers pursuant 1, and as authorized by, law have the fore and ‘fet of laws: Recognising this rule-making power, authorities ‘8G Geverament. aicialy cf Blaslnas, 22 Pl 64 1815. "Me Sosy Che eats ead, 1 151 (axe Pa Lng Datel C6 Cato neal Reena 0 Pt nae iin ing Con eal Sy Comin 4 Pi 83 ‘ustain the principle thatthe interpretation by those changed with Uhr enforoement is ented to great weight by the cour inthe Tater construction of such rules nd regulations 1 hasbeen held Uae ns ndministrative agency has Use power to interpret ts own Yule and wich interpretation bocomes part of he rues 8, Reasons why contemporaneous construction is given much weight ‘A number of reasons account for the great weight given yy the courts to contemporancous ‘construction ‘of statues. CChntemporaneous construction is entitled to great weight bocxtse Ie eomes from the particular branch of government called pon linplement thelaw thus construed. Exeativeaelalcare presumed have familiarized themselves with ll Use considerations pertinent to the meaning and purpose ofthe law, and w have formed an Independent enscentous and competent expert opinion thereon. In other words, the factors leading the court to give the principle tf conemporanous construction much weight ae the respect de ths government ageney or oa cargod with ho implementation bf the law, ther competence, expertnes, experience, and informed Jindgment, and the fact Chat Usey quently are the drafters of the law they interpret, ‘Moreover there i the ned fr certainty and predictability in the law Asatte is enacted. A regulation is seued to implement it Iwill the normal course of vent be ears befor tho construction ofthe etait, in the light af Use repultin, wil come before the ‘outa In the mesnwhile, people wil go on living end transactions ‘il be coneiuded under the statte, These circumstances argue in favor af giving much weight fo contemporanoous construction” {1 SCRA Lh alvaria Borin, OR No 4066, Pruny 28,1976, 61 SCRA star, Dewy an Cn, 4 ‘hare Sag Cota ne Comme of Come, CH No 1887, SER on te arsceasare "ang Ce anh, 99108) ng ewer, Smart nos Pra Hare ae. 8 In Gemeo Holdings, In National Life Inurance Co. & ‘No. 171815 (August 7, 2007), the Court held ‘The rule in this jurisdiction i that the construction ven to # statute hy an administrative agency charged with the Interpretation and appliation of tha ettute sented ogre ‘eight hy the cours, unless such construction is lealy shown to be in sharp contrast withthe governing lw or state. The ‘ational for this rule relates ot only to the emergence o the ‘multifarious needs of a modern or modernizing society andthe ‘tablishmentof diverse administrativeagencieefor addressing fand satisfying those needs; it also relates to accumulation ‘of experience ‘and growth of specialized capitis by the ‘ministrative ageney charged with implementing a prtcalar 2.9. When contemporaneous construction disregarded. The contomporaneaus costrastion of « statute is neither "The rule dos toy Mite operte to fee a teaning which ein evident confi with he deaey expensed legiaative nen In Commissioner of Internal Revenue e, American Expres, 1 No. 192609, June 28, 2005, the Court explained the rue ofr Shem and cited an example as follows: {Upon the enactment of RA 8424, which substantially caries over the particular provisions an aro rating of services {inde Section 100) athe Tax Code the principle olegialtive Spprovel of administrative itarpretation by reenactment ‘Seuny obtains, This principle means that “the reenactment of (tStatute substantially unchanged i pereuasive indication of the adoption by Congres of «prior extcative construction, ‘seer dane Bl Fl 2, 943595, qeting Suen, te oy Caution 8 ‘Spa fet 2 TRIE, snopes a i Bt Roe ‘The legislature is prosumed to have reennctd the law ‘th ll knowledge ofthe contents ofthe revenue reputations ‘hen in force regneding the VAT, and to have approved. ot ‘onflrmed them because they would earry out the legate Purpose. The particular provisions ofthe regulations we have ‘mentioned earir are, therefor, reared ‘When a slatave ‘asseptble of the meaning plaod upon bya rating of the government agency charged with its eforcoment. na the (legislature thereafter [reenact] the provision, [without] substantial change, such action i to some extent confirmatory ‘hat the ruling carries out the legislative purpose 844, Stare decile, ‘he decision ofthe Supreme Court sppiing or interpreting & statues controling with espet tothe intarretaton of hac sante nd iso greater weight thea that of an execatve rnaistatve afer inthe contraction of ther statutes of sinlar Taser e ‘eason that the interpretation af statue bythe Suprene Cove forme part ofthe statute tslf and te loa sytem nd sme ‘rom that branch of gorerament entrusted with he duty oemetece or interpret the lw Isa invalid inthe sotrscteh oy Interpretation of statute of donb meaning hele main ith rest pt ei be te flowed nthe aunt of ease bun a rt oe tae ace hots eee ie me todshti notin ates renee ates ‘by fhvng sis iene eee {seStpene Cau tine resale a satin casting a yeep cree nee eel ea co te nee i en ae ee ee Sime Por ipa Cece cele tin iting a png hae ie a Shs la ect a erin Tae Gil Cate Ps ahi... S06, ebay 27,194 85 den Di 58 (1059, rk Pie ine Yat, 7 Pi 08045, Ane Sr nev Canine of Cams Ne 8, Sere ‘oy hE BCA Ps CiRCA, sme roy ncn penal ch nett viplcatone terest epublone uit." interes ith Stat man ha hore bean ent tigation ‘Aran te Spr Coe inode tht twee within the desine stare dea ut xeric tat on nse Usp sd by tho at mot Be a ret alg Where tae ur rested «question erly sub lence deen does tice win the sin ar dc, inner the question {Wtomeryed= Nor due an opinion expressed by the way, not upon hopin inp fllwiin te masa, for uch is mee anor dtetom = rinipl presupposes thatthe fact ofthe precedent ond tho ce to whch in aplo eesandly the ae, Where the fs ore isla, Gen te pipe of foe dei dos ot sont "hn obter dtu dows molto fl within the dating An ott ctu has ban ew a. opiion expressed yore St soe questo a le whic snot nessa ta eden of {Rvtan bore tI se Yomark made, or oplaion exec, by Jigen is dction wp cate he way that incon, {nto dey apo the question bef, orepon Nn seceounlyinvtved ithe determination of Ue cus, or inode tey of turtrton or analogy ar angument As ober dictum ‘ebinding as precedent ‘The rl oftare ds i not shite. “The nil fare dn ote pot tea bind adherens to prendre dosene

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