ELEMENTS OF LAW

1. IT IS A RULE OF CONDUCT –
Laws serve as guides of an individual in relation to his fellowmen and to his
community.

2. LAWS MUST BE JUST –

The chapter on human relations is now precisely embedded in the New Civil
Code in order to obtain stability of the social order. Laws, as guides for human
conduct, "should run as golden threads through society; to the end that law may
approach its supreme ideal which is the sway and dominance of justice. (Report
of the Code Commission, p. 39)

3. IT MUST BE OBLIGATORY—
If laws are not enforced, the purpose for which they are intended will not be
served.

4. LAWS MUST BE PRESCRIBED BY LEGITIMATE AUTHORITY –

If laws are not prescribed by legitimate authority, the people could not be
expected to observe them. Authority to make laws is conferred upon those duly
chosen by the sovereign will of the people. This is in consonance with Section 1,
Article II, of the Philippine Constitution, which says that "sovereignty resides in
the people and all government authority emanates from them."

5. LAWS MUST BE ORDAINED FOR THE COMMON BENEFIT –

This recognizes the famous Latin Maxim of "SAL US POPULI EST SUPREMA
LEX" – the welfare of the people is the supreme law. Laws should be applied not
only to a particular group of citizens. They are supposed to be applied equally to
all citizens regardless of their religion, political persuasion, or status in life.
 CLASSIFICATION OF LAW

1. NATURAL LAW
This law derives its force and authority from God. It is superior to other laws. It is
binding to the whole world, in all countries and at all times.

2. POSITIVE LAW
Physical Law - Universal rule of action that governs the conduct and movement
of things, which are non-free and material.
Moral Law - Set of rules which establishes what isright and what is wrong as
dictated by the human conscience and as inspired by the eternal law.
Divine Law -
(a) Divine Positive Law i.e., Ten Commandments,
(b) Divine Human Positive Law i.e., Commandments of the church

PUBLIC LAW
(a) Constitutional Law - is the fundamental law of the land, which
defines the powers of the government.
(b) Administrative Law - that law which fixes the organization and
determines the competence of the administrative authorities and which
regulates the methods by which the functions of the Government are
performed.
(c) International Law - body of rules, which regulates the community of
nation.

PRIVATE LAW: Body of rules which creates duties, rights and obligations, and
the means and methods of setting courts in motion for the enforcement of a right
or of a redress of wrong. (Words and Phrases, Vol. 24, 337)
 (a) Substantive private law - Those rules which declare legal relations
of litigants when the courts have been properly moved to action upon
facts duly presented to them. (Words and Phrases, Vol. 24, 337)
(b) Procedural or adjective private law - Refers to the means and
methods of setting the courts in motion, making the facts known to
them and effectuating their judgments.

SOURCES OF LAW

Law is derived from different sources, namely:

(1) Legislation
Before the declaration of martial law in the Philippines on September 21,
1972, the power to legislate laws is vested in the Congress of the Philippines,
which consists of the Senate and the House of Representatives Upon the
imposition of martial law and after the dissolution of the old Congress, the power
to legislate law is vested in the President of the Philippines. This is the reason
why the President issued presidential decrees and letters of instructions. When
the Batasang Pambansa was organized, legislative power is principally vested in
this body although the President, under and by virtue of what is known as
Amendment No. 6, continued to issue decrees when the exigency of the situation
requires and in case of other emergencies.
Among many others, this is one of the dictatorial acts that was severely
questioned by several lawyers and critics of the past regime. Now, after the
People's Revolt on February 22-25, 1986, and in accordance with the wishes and
the will of the sovereign Filipino people, the three branches of government
operating under the doctrine of separation of powers are restored, with each
department being committed to do its utmost share in bringing about a more
democratic and efficient system of government that is responsive to the needs of
the people.

(2) Precedent
 This means that the decisions or principles enunciated by a court of
competent jurisdiction on a question of law do not only serve as guides but also
as authority to be followed by all other courts of equal or inferior jurisdiction in all
cases involving the same question until the same is overruled or reversed by a
superior court. In the Philippines, this doctrine of stare decisis is not applied and
recognized in the same manner that it is applied and recognized in common law
countries.
However, our new Civil Code provides as follows: "x x x Judicial decision
applying or interpreting the laws or the Constitution shall form a part of the legal
system of the Philippines. x x x" (Article 8, New Civil Code) Furthermore,
although Supreme Court decisions are binding on inferior courts, there are many
instances where the Supreme Court departed from its previous decision either
wholly or partly. In any case, that which is the latest necessarily amends or
reverses those previously rendered by the Supreme Court.

(3) Custom
Customs have the force of law only when they are acknowledged and
approved by society through long and uninterrupted usage. In the Philippines,
there are several requisites before the court considers custom. They are as
follows:
(a) A custom must be proved as a fact according to the rules of evidence
(Article 12, NCC);
(b) The custom must not be contrary to law (Article 11, NCC);
(c) There must be a number of repeated acts and these repeated acts must
have been uniformly performed;
(d) There must be a judicial intention to make a rule of social conduct; and
(e) A custom must be acknowledged and approved by society, through long
and uninterrupted usage.

(4) Court Decision

 Judicial decisions which apply or interpret the Constitution and the laws
are part of the legal system in the Philippines but they are not laws. However,
although judicial decisions are not laws, they are evidence of the meaning and
interpretations of the laws. In the Philippines, we adhere to the doctrine of
STARE DECISIS which means that once a case has been decided one way,
then another case involving exactly the same question or point of law should be
decided in the same manner. This principle, however, does not necessarily mean
that erroneous decisions or those found to be contrary to law must be
perpetuated. On the contrary, they should be abandoned.

PARTS OF STATUTES

Statutes are enacted by the legislature. They are actually the bills submitted to
Congress for consideration and approval. Once approved finally by Congress and by
the President of the Philippines these bills become statutes. (The rules on the approval
of bills are found in Article VI, Section 27 of the 1987 Constitution) Other laws, which
have the same binding force as statutes are the presidential decrees, issued during the
period of martial law and under the 1973 Constitution.

KINDS OF STATUTES
I. AS TO NATURE
1. Penal statutes
2. Remedial statutes
3. Substantive statutes
4. Labor statutes
5. Tax statutes
II. AS TO APPLICATION
1. Mandatory
2. Directory
III. AS TO PERFORMANCE
1. Permanent
 2. Temporary
IV. AS TO SCOPE
1. General
2. Special
3. Local
OTHER CLASSIFICATIONS
1. A statute could either be prospective or retroactive
2. A statute could either be a repealing act or an amendatory act
3. A statute could either be a reference statute or a declaratory statute

GENERAL PRINCIPLES IN THE CONSTRUCTION OF STATUTES

I. STATUTES MUST BE READ AND CONSTRUED AS A WHOLE

It is basic that a statute must be read and construed in its entirety. Hence, each
provision of the statute should be construed in relation to the other provisions of the
statute. Parts of a statute are not to be viewed in isolation because a statute is passed
and approved as a whole, and more than this, there is a precise purpose why it was
enacted. It is this purpose of the statute as a whole that is subject of ascertainment. In
trying to ascertain legislative intent, courts should first be guided by intrinsic aids, or
those found in the law itself.
There is no need to make use of extrinsic aids, or those found outside of the
written language of the law, if the legislative intent could be ascertained by merely
making use of intrinsic aids. (Casela v. CA, G.R. No. L-26754, October 16, 1970) These
intrinsic aids are the title, preamble, the words, phrases and sentences, context,
punctuations, headings and marginal notes, legislative definition, and interpretation
clauses. All these must be read and construed as a whole, instead of viewing them in
isolation.
II. LEGISLATIVE INTENT MUST BE ASCERTAINED FROM THE STATUTE AS A
WHOLE OPTIMA STATULI INTERPRETATIX EST IPSUM STATUTUM.

The best interpreter of the statute is the statute itself. Hence, in the construction
of statutes, what is of prevailing importance is to discover the legislative intent why the
law is enacted. This intent is primarily determined from the language of the statute. The
court's honest belief that the legislature intended to enact a law different to what it
actually enacted is of no moment. Neither can the courts determine whether the statute
is wise for that is not its duty. Its duty is to find out the legislative intent, and this can be
done by construing the statute as a whole, by considering one part of the statute in
relation to the other parts, and by harmonizing all the provisions of the statute whenever
possible.
It is to be presumed that the purpose of the legislature is to make every part of
the statute effective. The basis of this rule is the Latin Maxim - UT R.ES MAGIS QUAM
PEREAT. This means that it is not enough that a statute should be given effect as a
whole but that effect should be given to each of the provisions in the statute. This rule
applies to amendments because it is presumed that the legislature, in making changes
in the law, finds that there is a necessity for said amendments. This is a legislative
function which is beyond the domain of the courts.

PENAL STATUTES

Those, which impose punishment for an offense, committed against the State.
Statutes, which command or prohibit certain acts and establish penalties for their
violation, are considered as penal statutes.

HOW ARE PENAL STATUTES INTERPRETED?

Penal statutes are interpreted against the State and liberally in favor of the
accused (People v Purisima, G R Nos L 42050 66, 46229 32 46313 16 and L 46997,
November 20 1978) This rule should not, however, be unreasonably applied as to
defeat the true intent and meaning of the enactment found in the language actually
used (People v Padilla and Von Arend 71 Phil 261) The language of a penal statute
cannot be enlarged beyond the ordinary meaning of its terms. Only those persons,
offenses and penalties, clearly included, beyond any reasonable doubt, will be
considered within the operation of the statute

REMEDIAL STATUTES

Those designed to correct an existing law, redress an existing grievance, or

introduce regulations conducive to the public good. (In Re: School Dist. No. 6, etc. 278,
N. W, p. 792)

HOW ARE REMEDIAL STATUTES CONSTRUED?

Remedial statutes should be liberally construed because they were enacted by

the legislature precisely to improve the law and so that they will be in harmony with new
ideas and conceptions of justice and proper conduct of men (Crawford Stat Const p
494)

SUBSTANTIVE STATUTES

These are laws, which establish rights and duties. (Bstos u. Lucero, 81 Phil. 640)
CHAPTER VI 163 RULES OF CONSTRUCTION OF SPECIFIC STATUTES What the
law grants, the court cannot deny. (Gonzales v. Gonzales, 58 Phil. 67) Therefore, the
first duty of the judge is to apply the law, whether it is just or unjust, provided that the
law is clear and there is no doubt. In case of doubt, the judge should presume that the
lawmaking body intended right and justice to prevail. (Article 10, New Civil Code)
Substantive laws create rights and duties. When these rights and duties are therefore
stated in clear and categorical language, there is no more room for construction or
interpretation. There is only room for application.
 A plain and unambiguous statute speaks for itself, and any attempt to make it
clearer is vain labor and tends only to obscurity. (Songco, et al. v. National Labor
Relation Commission, G.R. Nos. 50999-51000, March 30, 1990) Even equity cannot be
set up against clear provisions of law based on public policy. Thus, a sale of a
homestead within 5-year prohibitory period is void ab initio and the same cannot be
ratified nor can it acquire validity through the passage of time. (Teodoro v. Court of
Appeals, G.R. No. 46955, February 27, 1989) Equitable reasons will not control against
any well-settled rule of law or public policy. (Alvendia v. Intermediate Appellate Court,
G.R. No. L-72138; Bonamy v. Justice Paras, G.R. L-72373, January 22, 1990)
In Llamado v. Court of Appeals (G.R. L-84850, June 29, 1989), the Supreme
Court ruled that a judge must not rewrite a statute, neither to enlarge nor to contract it.
Whatever temptations the statesmanship of policy-making might wisely suggest,
construction must eschew interpolation and evisceration. He must not read in any way
of creation. He must not read out except to avoid patent nonsense of internal
contradictions. (Underscoring Supplied)

LABOR STATUTES

Those laws that govern the rights and obligations of employers and employees,
providing as well for the rules by which such rights and obligations may be enforced.

HOW ARE LABOR LAWS INTERPRETED?

Article IV of the New Labor Code answers this question: It says: "All doubts in the
implementation and interpretation of 164 STATUTORY CONSTRUCTION the
provisions of this code, including its implementing rules and regulations, shall be
resolved in favor of Labor." (Underscoring supplied)

TAX STATUTES

Those, which impose rules and regulations, related to taxation or to creation of

particular sources of revenue such as taxes, fees, and charges that are needed for the
support of government and for all public needs. In case of doubt, statutes levying taxes
and duties are to be construed most strongly against the government and in favor of the
subjects or citizens, because burdens are not to be imposed, nor presumed to be
imposed beyond what statutes expressly and clearly import. (Commissioner of Internal
Revenue v. Fireman's Fund Insurance Company, et al., G.R. No. L-30644, 9 March 87,
Second Division, Paras, J.)

HOW ARE TAX STATUTES INTERPRETED?

They are construed strictly against the taxing power and liberally in favor of the
taxpayer. (In Re: Arbuckle's Estate, 18, A. 758) This is because tax laws seek to impose
burdens upon persons and property. The following rules of construction apply to tax
laws:

a. The real purpose of the legislature, if that purpose is discernible from its
statute, will prevail over the literal import of the words used. (3 Sutherland,
Stat. Const. p. 42)

b. The spirit, rather than the letter of an ordinance, determines the construction
thereof, and the court looks less to its word and more to the context, subject
matter, consequence and effect. (Manila Race Horse Owner's Assn. v. De
La Fuente, G.R. No. L-2947, January 11, 1951)

c. The history of the statute should be considered as an aid in the

ascertainment of the intention of the legislature. (Greenfield v. Meer, CA
G.R. No. 156, September 27, 1846).

d. However, tax exemptions, are construed strictly against taxpayers and in

favor of the taxing power. Moreover, exemptions cannot be claimed unless they
are expressly CHAPTER VI 165 RULES OF CONSTRUCTION OF SPECIFIC
STATUTES provided for in the law. (Collector v. Manila Jockey Club, 98 Phil.
670)