STATUTORY CONSTRUCTION 063272. By RUBEN E. 8SPALO AB, BS.J., LLB. (UP); Formerly Assistant So Commissioner of the Co Bar Examiner in Criminal Law (1987); Author: The Law of Public Officers (2002 Bd); ‘Agpalo's Legal Words and Phrases (2002 Ed); Legal and Judicial Ethics (2002 Ed.); Handbook on Civil Procedure (2001 Ed.); Handbook on Criminal Procedure (2001 Ed.): Comments on the Omiltts. Election Code (1998 Ed); Philippine Administrative Law (1999 Ed.); ‘The Law on Trademarks, Infringement and Unfair Competition (2000 Ed.); Comments on the Corpor ‘The Code of Professional Respon: Trademark Law and ‘The Law on Elections (1987 Ed.): Private Law Practitioner ‘SIXTHIEDITION 2009Philippine Copyright, 2009 by Arbeit RUBEN E. AGPALO J Steddes -fictippaus ISBN 978-971-23-5286-7 | To this book may be copied or Ruby, Rosalie, Ruben, Jr., ,, pamphlets, outlines or notes, graphed, typewritten, copied Bhodora and Rogelio proceedings with proper citation, 83 589 Any copy of this book without the corresponding number and the signature of the author on either proceeds from an illegitimate source possession of one who has no authority to di the same. ALL RIGHTS RESERVED BY THE AUTHORTABLE OF CONTENTS Chapter I STATUTES ALIN GENERAL 05. Manner of referring to statutes... B, ENACTMENT OF STATUTES 1.08. Procedural requirements in generally 1.09. Steps in the passage C. PARTS OF STATUTES 1.10. Statutes generally contDD. ISSUANCES, RULES AND ORDINANCES 2.02. }. Administrative rule " Saal distinguished .. 7 2.10. Where legislative intent is ascertained B, POWER TO CONSTRUE. Rulings of Supreme C Suda rulings have 14s 47 F. EFFECT AND OPERATION wi 141 96 155 142, 143, When local ordinate tak 100 ecm 43, When local erdinancet 1.44. Statutes continue in force until rep 101 AIDS TO CONSTRUCTION 145. Territorial and personal effoct of st 102 1.48. Manner of computing time 102 A.IN GENERAL Chapter It 187 CONSTRUCTION AND INTERPRETATION fae A. NATURE AND PURPOSE 360 2.01, Construction defined nnnne 106 12C. CONTEMPORARY CONSTRUCTION .34, Executive construction, generally; ‘Weight accords’ a ontemporencous When contemporaneous cor Leste intrpretation Chapter IV ADHERENCE TO, OR DEPARTURE FROM, LANGUAGE OF STATUTE A. LITERAL INTERPRETATION 4.01, Literal meaning or plain-meaning ral 4.02, Dura lex sed lex B, DEPARTURE FROM LITERAL INTERPRETATION 4.03. Statute must be capable of interpretation, 18. Construction in favor of right. 19. Surplusage and superfluity di 121. Obscure or missing word or false may not preclude consti 4.22. Exemption from rigid applicat 4.23. Law does not require the imy 4.24. Number and gender of wordsC. IMPLICATIONS ‘B. ASSOCIATED WORDS Noscitur a sooiis 302 425, 254 ne 426. 257 308 4.27. 259 310 4.28. 259 318 4.29. 261 318 430. 268 aa 431. 264 aad 432, 332 265 336 4.33. 265 337 4.34. oe 337 — fa .29. Qualification of the doctris 339 |. Reddendo singula singuli 339 4.36. 268 \ C. PROVISOS, EXCEPTIONS AND SAVING CLAUSES Chapter V | INTERPRETATION OF WORDS sat AND PHRASES ge A. IN GENERAL ae 269 270 345 m3 a 213 276 ( 347 211 350 2m ee 1 STATUTE CONSTRUED AS WHOLE AND am IN RELATION TO OTHER STATUTES 282 ‘A. STATUTE CONSTRUED AS WHOLE 283 j 6.01. Generally ne eee 288 6.02, Intent ascertained from statute as wl 289 6.03, Purpose or context as controlling guide. 292 6.04. Giving effect to statute as a whole 299 | 6.05. Apparently conflicting provisionsHow statutes in pari 17. Reasons why laws on same subject are reconciled. 18. Where harmonization |. Supplemental stat 5. Reenacted statute Special and general provisisns in same statet Construction as not to render provision m B. STATUTE CONSTRUED IN RELATION TO CONSTITUTION AND OTHER STATUTES Statute construed in hi the Constitutic Statutes in pari materia. Tustration of the rule Seontes statutes Chapter VII STRICT OR LIBERAL CONSTRUCTION ‘welfare or growth of civilization xe 364 365 . Penal statutes, generally. 16. Statutes granting privileges... 413 B. STATUTES STRICTLY: CONSTRUED Penal statutes strictly co 16. Legislative grants to local government aid 17. Statutory grounds for removal of offic 4143.18. Statutes relating to assessment of taxes: 1. Statutes concerning public auction sale 8.22. . Use of negative, .. Statutes prescribing pr Chapter VII: STATUTES . - A. IN GENERAL ‘When “shall” is construed as “may” and vice vers B. MANDATORY STATUTES Statutes conferring power Statutes granting benefit Statutes prescribing. Election laws on conduct C. DIRECTORY STATUTES Statutes preseribing guidance for officers Statutes prescribing manner of judicial action’ Statutes requiring rendition of decisi within preseribed petioi Constititidnal time provision directo Chapter IX PROSPECTIVE AND RETROACTIVE ‘STATUTES ALIN GENERAL 9.01. Prospective and retroactive statutes, defined... 9.24. Statutes relating to pte 9.25. Apparently conflicting deci ‘on prescription... 9.26. Prescription in eriminal 9.27. Statutes relating to appealChapter X 10.31. On jurisdiction, generally... AMENDMENT, REVISION, CODIFICATION ‘AND REPEAL 533 TO41, Repeat onal or repent aw $94 Chapter XI 535 CONSTITUTIONAL CONSTRUCTION 20. fects ofvepeal general 572"Chapter! STATUTES ALIN GENERAL 1.01. Laws, generally. jural-and generic gense refers to the whole body or passed by sanggunians of local government units. 1.02. Statutes, generally. spi. Ministry of Finance, 115 SCRA 418 (1982), Garcia-Padillav. Ponce ‘No. 61888, April 20, 1989; Aquino v. Commission on Elections, 62 SCRA 12 STATUTORY CONSTRUCTION sd by the President in the exercise of his legislative power during the revolutionary period under the Freedom Constitution Statutes may either be public or private. A public statute is one which affects the public or the whole community. A private statute is one which applies only to a specific person or subject. But whether a statute is public or private depends on substance rather than on form. Public statutes may be classified into general, special and local eral law is one which applies to the whole state and laws. is one whose operation is confined to a specific place or locality. A municipal ordinarice is an example of a local law." 1.08, “Permanent and temporary statutes. According to'its duration, a°statute may be permanent or foree for a definite period, it terminates at the end Where a statute is designed to meet an emergent the cessation of such emergency. Since an emergency is by nature ‘temporary in character, so must the statute intended to meet it, be. Pa civil ina v. Cipriano, G.R. No. 32743, February 15, 1974, 55 SORA 633, STATUTES 3 'B. Enactment of Statutes A limit in time to tide over a passing trouble may justify a law that may not be upheld as a permanent one 1,04, Other classes of statutes. In respect to their application, statutes may be prospective or retroactive. They may also be, according to their operation, declaratory, curative, mandatory, directory, substantive, remedial, and penal. In respect to their forms, they may be affirmative or negative, 1.05, Manner of referring to statutes. Batasang Painbansa are referred tons Batas Pambansa. Presidential decrees and executive orders issued by the President in the exercise {slative power are also serially numbered. Apart from its ber, a statute may also be referred to by its title. B, ENACTMENT OF STATUTES 1.06, Generally. ‘The steps and actions taken and words and language employed to enact a statute are important parts of legislative history, which are important aids in ascertaining legislative intent, in the interpretation of ambiguous provisions of the law. Hence, the study of statutory construction should begin with how a bill is enacted into law. "Homeowners Assn. ofthe Phils. v. Municipal Board of Manila, G-R. No. 23979, August 90, 1968, 24 SCRA 856.4 ‘STATUTORY CONSTRUCTION 1.07, Legislative power of Congress. Section 1 of Article VI of the Constitution provides that “the legislative power shall be 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.” Legislative power is the power to make, alter and repeal laws." power is “the authority, under the Constitution, local application must come from the theory that, elected as they are from of the House can be expected to be mort and problems, and Senators, who are to approach the same problem from the national perspective, both ibjects are made to bear on the enactment of STATUTES 5 1B, Bnactment of Statutes and the judiciary has nothing to interpret and apply. Thus, it has been said that es grant of legislative power means a grant of all legislative po require that the legislature enact specific laws to flesh them out, that they state that they be subject to legislations the Constitution are either self-executing or executing provisions require Congress to jut even those which are self-executing mnacting further laws to enforce the constitutional provisions within their confines, impose penalties for their violation, and supply minor details." The provisions non-self executing. 1.08, Procedural requirements in enacting a law, generally. The fundamental law prescribes the basie procedural requirements for the passage of a bill into law. It has been held that a bill may be enacted into law only in the manner the Constitution requires and in accordance with the procedure therein provided." Apart from the basic constitutional requirements, Congress provides in detail the procedure by which a bill may be enacted into law. ‘The detailed procedure is embodied in the Rules of both Houses of Congress, promulgated pursuant to the constitutional mandate ‘empowering it to determine its rules of proceedings." ¥: Cabangis, 15 Phil. 626 [1910}; Marcos. Manglapus, 177 SCRA6 STATUTORY CONSTRUCTION However, a law may not be declared unconstitutional when wssage are merely internal rales absence of any violation of the Constitution or of the rights of an individual. Courts have no power to inquire into allegations that, in enacting a law, a House of Congress failed to comply with its own rules, in the absence of a showing that there was a violation ofa constitutional provision or the rrights of private individuals. These rules are modification or waiver at the pleasure of the body. The mere failure to conform to parliamentary u invalidate the action taken by the body when the requisite number of members has agreed to a particular measure.” 1.09. Steps in the passage of bill into law. Abillis a proposed legislative measure introduced by a member ar members of Congress for enactment into law. It is signed by its a) First and second: The Secretary reports the with the amendments proposed by the Commi copies thereof are distributed and such reading ‘Thereafter, the bill will be subject to debates, pertinent motions, and amendments. After the amendments shall have been acted ‘upon, the bill yrll Be voted on second reading. A bill approved on second reading shall be included in the Calendar of bills for third ArToyev, De Veneeia, 277 CRA 268 [1997]. “Art. VI, See. 24, 1087 Constitution, STATUTES 7 B. Enactment of Statutes reading. On third reading, the bill as approved on second reading will be submitted for final vote by yeas and nays. 4) Third reading. A bill is approved by either House after it has gone three (3) readings. Section 26(2) Art. VI reads: “2) No'bill passed by either House shall become a law unless it has passed three readings on separate days, and 8 thereof in its final form have been distributed the necessity of its immediate enactment unity or emergency. Upon the last reading ent thereto shall be allowed, and the vote thereon | shall be taken immediately thereafter, and the yeas and nays entered in the Journal.” ‘The Presidential certification, as above relation to the “except” clause because the two are coordinate clauses of the same sentence. In other words, upon the certification requirements designed to insure that bills are duly considered by members of Congress.” ©) Conference committee reports. ‘The bill approved on third reading by one House is transmitted to the other House for concurrence, which will follow substantially the same route as a bill originally filed with it. If the other House approves the bill without amendment, the bill is passed by Congress "Tolentino v. Secretary of Finance, 235 SCRA 630 (1994).8 STATUTORY CONSTRUCTION differences will be settled by the Conference Committees of both Chambers, whose report or recomme! thereon will have tobe approved by both Houses in order that bby Congress and thereafter sent to the President for action. ‘The respective Rules of the Senate and the House provide for 1 conference committee. Generally, a conference committee is the mechanism for compromising differences between the Senate and ‘the House in the passage of a bill into law. However, its jurisdiction is not limited to such question. It has broader functions. Tt may to include in its report an me new either in the House bill or in the Senate bi of the legislature. ‘The broader function of a conference committee is described as follows: differences between the two houses, matter can be inserted into the conference bill. But occasionally 1 conference committee produces unexpected results, beyond its mandate. These excursions occur even where the rules impose strict limitations on conference committee jurisdiction. ‘This is symptomatic of the authoritarian power of conference committee. ‘Thus, there may be three (3) versions of a bill or revenue bill originating from the lower House. The first is that of the lower House; the second is that of the Senate; and the third is that of the conference committee. If both Houses approve the report of the conference committee adopting a third version of the bill, then it ‘Association v. Prado, 227 SCRA 708 (1998); Tolentine v, Secre- SCRA G20 (1994) inlative Law and Process: In A Nutabell, 1988 Fa, p, 1; Phil. Prado, 227 SCRA 703, 708 (1988) STATUTES 9 B. Bnyetment of Statutes is the latter that is the final version, which is conclusive under the doctrine of enrolled bill, that will be submitted to the President for approval. ‘The requirement that no bill shall become a law unless it has passed three readings on separate days and printed co 4m its final form have been distributed to the Members three days even if such report includes new provisions which have not been considered or taken up by the Senate or the lower House. All that is required is that the conference committee report be approved by both Houses of Congress. @) Authentication of bills. The lawmaking process in Congress ends when the bill is hhim has been duly approved by the legislature and is ready for his approval or rejection.» ©) President's approval or veto. The Constitution provides that “every bill passed by the Congress shall, before it becomes a law, be presented to the ‘where it originated, which shall enter the objections in its Journal and proceed to reconsider it. If, after such reconsideration, two- thirds of all the Members of such House shall agree to pass the bill, i shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two- thirds of all the Members of that House, it shall become a law. In *Tolontino v. Secretary of Finance, 235 SCRA 630 (1094). folantino v. Seeetary of Finance, ii ‘patorga v. Vilogas, 56 SCRA 714 (1974).10 STATUTORY CONSTRUCTION all such casos, the votes ofeach House shall be determined by zo nays, and the names of the Members voting for or against shall 1e House where it originated within thirty days after the date of receipt thereof, otherwise, it shall become a law as if he hhad signed it.” In other words, a bill passed by Congress becomes @ law in either of three ways, namely: (1) when the President signs it; (2) ‘when the President does not sign nor communicate his veto ofthe bill. within thirty days after his receipt thereof; and (3) when the vetoed bill is repassed by Congress by two-thirds vote of all its Members, ‘each House voting separately. C. PARTS OF STATUTES. 1.10, Statutes generally contain the following parts: stated, Preamble thus play an important role i the construction of Presidential Decrees.» 2. Title of statute. ‘The Constitution provides that “every bl passed by Congress STATUTES n C. Parts of Statutes thereof.”»’This provision is mandatory, and a law enacted in violation thereof is unconstitutional.” The constitutional provision contains of the import of the single subject thereof." a) Purposes of title requirement. ‘The principal purpose of the constitutional requirement that completely fails to apprise the legislators or the public of the nature, scope and consequences of the law or its provisions." In other words, the aims of the constitutional requirement are: “First, to prevent lec, 886 SCBA 188 (2000)Pry STATUTORY CONSTRUCTION thus precludes the insertion’of riders in legislation, s-rider being & provision not germane +o the subject matter of the bill ‘A fourth purpose may be added. The title of a statute is used as ‘a guide in ascertaining legislative intent when the language of the ‘act does not clearly express its purpose.» The title may clarify doubt or ambiguity in the meai ‘a statute, and limiting.a statute toonly one subject and expressingiit in its title will strengthen its function as an intrinsic aid to statutory construction. ‘The title of the bill is not required to be smindex to the body of the act, or to be comprehensive as to cover every single detail of the measure. It has been held.that if the title fairly indicates the general subject, and reasonably covers all the provisionsiof the act, and is not calvulated to mislead the legislature or the people, there is sufficient compliance with the constitutional requirement." 1¢ subject” rule does not require the Congress th precision legislation.» Where a law ame section or part of a statute, it suffices if reference be made to the legislation to be amended, there being no need to state the precise nature of the amendment.» b) - Subject of repeal of statute. ‘The repeal of a statute on'a given subject is properly connected with the subject, matter of a new statute on the same subject; and therefore a repealing section in the new statute is valid, notwithstanding that the title is silent on the subject. It would be difficult to conceive of a matter more germane to an act and to “alalajan v. NPC, 24 SORA 172, 179 (1968). ‘Alalayan ¥. NPC, 4 SCRA 172, 179 [1 STATUTES 13 C. Parta of Statutes the object to be accomplished thereby than the repeal of previous legislations connected therewith. ‘The reason is that where a statute repeals a former law, such repeal is the effect and not the subject of the statute; and it is ‘the subject, not the effect of a law, which is required to be briefly expressed ints title. Ifthe title of an act embraces only one subject, it was never claimed that every other act which it repeals or alters, bby implication must he mentioned in the title of the new act. Any such rule would be neither within the reason of the Constitution, nor practical." ¢) How requirement of title construed. The constitutional requirement as to title of a bill should be liberally construed.” Itshould not be given a technical interpretation. Nor should it be so narrowly construed as to cripple or impede the power of legislation." Where there is doubt as to whether the title sufficiently expresses the subject matter of the statute, the question should be resolved against the doubt and in favor of the constitutionality of the statute. ‘The trend in cases is to construe the constitutional requirement in such a manner that courts do not unduly interfere with the enactment of necessary legislation arid to consider it sufficient if the title expresses the general subject of the statute and all its provisions are germane to the general subject thus expressed." @ When requirement not applicable. ‘The requirement that a bill shall embrace only one subject, which shall be expressed in its title was embodied in the 1935 Constitution and reenacteld in the 1973 and 1987 Constitutions. The requirement applies only to bills which may therenfter be enacted “Phil, Judges Association , Prado, 227 SCRA 703 1993), quoting Cooley, Con- station Litatons te, p30 1925}, Alalayan v. National Power Corp., 2h Tobia v. Abalos, 237 SCRA 106 5, 104 SORA 710 (1881). “Tolentino v. Secretary of Finance, 235 SCRA 630 (1904),u STATUTORY CONSTRUCTION .pply-to laws in force and existing at the time ©)” Effect of insufficiency of title. A statute whose title does not conform to the , leaving the rest in force," unless parable from the others, in which ease the nullity of the former vitiates the latter. 3. Enacting clause. ‘The endicting clauseis that partofa statute written immediately after the title thereof which states the authority by which the act is enacted. Laws passed by the Philippine Commission contain this acted by Ore Phippine Legere United States, be it enacted by the Legislature assembled and by authority of t Commonwealth, the enacting clause of statut Senate and House of Representatives ‘when the assembly became bicameral. Congress from. 1946 to 1972 and from 1987 up to the present. ‘The enacting clause adopted by the Batasang Pambansa is: “Be it enacted by the Batasang Pambansa in session assembled.” On the is worded 15 SCRA 479 (1965); Dela Cruz v, 8 Led. 405 (1881). STATUTES 6 . Parts of Statutes issued by the President in the exercise of his legislative power has this enacting clause: “Now, therefore, {, ; hereby order.” 4. Purview or body of statute. ‘The purview or body of a statute is that part which tells what ‘the law is all about. The body of a statute should embrace only one subject matter. The constitutional requirement that a bill should have only one subject matter which should be expressed in its title is, ‘complied where the provisions thereof, no matter how diverse they may be, are allied and germane to the subject and purpose of the bill or, negatively stated, where the provisions are not inconsistent, ‘with, but in furtherance of, the single subject matter." ‘The legislative practice in writing a statute is to divide an act, conduct, section imposing sanctions , transitory provision, separability-clause, repealing clause, and ef- fectivity clause. 5 Separability clause,16 STATUTORY CONSTRUCTION 6. Repealing Clause ‘When the legislature repeals a law, the repeal is notal declaration finding the earlier law unconstitutional. The declare a law unconstitutional does not lie with the legis with the courts. 7. Effectivity clause. ‘The effectivity clause is the provision when the law takes effect. ‘Usually, the provision as to the effectivity of the law states that it shall take effect 15 days from publication in the Official Gazette or ina newspaper of general circulation. 1.11. Meaning of certain bills originating from lower Bouse. ‘The procedure for the enactment of ordinary bills applies to the enactment of appropriations and revenue measures. However, they can only originate from the lower House, but the Senate may propose or concur with amendments. “Section 24. All appropriation, revenue or tariff bills, bills ining increase of the public debt, bills oflocal application, Jhall originate exclusively in the House of it the Senate may propose or concur with ‘The above provision means that the initiative for fing revenue, tariff, or tax bills, bills authorizing an inerease of the public debt, private bills and bills of local application must come from the House of Representatives on the theory that, elected as they are from the districts, the members of the House can be expected to be more sensitive to the local néeds and problems. On the other hand, the senators, who are elected at large, are expected to approach the same problems from the national perspective. Both views are thereby made to bear on the enactment of such laws. A bill originating in the hose may undergo such extensive changes in the ith ts power to propose or concur with amendments, that, bbe a re-writing of,the whole. The consti P t prohibit the filing in the Senate of substitute bill in anticipation of {ts receipt of the bill from the House, so long as action by the Senate Thfiraclv, CA, 351 SCRA 44 (2001) STATUTES 1 . Parts of Statutes as a body is withheld pending receipt of the House bill. Given the ‘power of the Senate to propose amendments, the Senate can propose its own version even with respect to matters which are required to originate in the House. The action of the Senate in the exercise of its'power not only to “concur with amendments” but also to “propose amendments” may result in the writing of a distinet bill substantially different from that which originated from the lower House. The Senate cannot be denied such power, otherwise it would violate the coequality of the legislative power of the two house of lower House superior to the Senate. Le , bills authoring an bills of local application must come from the House of Representatives. 1.12. Enactment of budget and appropriations law. ‘The badget process consists.of four major phases, namely: Budget Preparation, Budget Authorizatio cad Budget Accountability. After approval of the Department of Budget and Manageme: to Congress for evaluation and inclusion ‘i the appropriations A general appropriation bill is a special type of legislation, whose content is limited to specified sums of money dedicated to 8e6 or a separate fiscal unit. Inherent in the power of priation therein and be limited in its operation to the appropriate items to which it relates.”8 STATUTORY CONSTRUCTION ‘The enactment of an appropriation bill follows the usual route which any ordinary bill goes through in its enactment, as above discussed. 1.18. Restrictions in passage of budget or revenue bills. Revenue or appropriations bills are subject to the following restrictions or qualifications, as provided in Section 25 of Article VI, thus: 1. Budget prep: by the President and submission to Congress. — “The Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by law.”* ‘Under the Constitution, the spending power known as the “power of the purse” belongs to Congress, subject only to the veto power of the President. The President the final say on the matter of appropriat ‘The power of appropriation carries with as detailed and as broad as Congress wants t to be, The Countrywide Development Fund forms part of the power of appropriation." ‘The budget preparation is prescribed in Book VI, entitled National Government Budgeting, of the 1987 Administrative Code, particularly Chapter 3, on “Budget Preparation.” shall be limited in its operation to the appropriation to which it relates.” This restriction precludes the Congress from including in the appropriations bill what is known as “inappropriate provisions.” It has been held that Congress may include special provisions, conditions td items which cannot be vetoed separately from the items to whic théy relate so long as they are “appropriate” in the "Sec. 25UH, Art. Art. VI ‘Phil, Constitution Assn. v. Enrques, 235 SCRA 506 {1994}, Bec. 2812), thi STATUTES 19 ©. Parts of Statutes budgetary sense. Other provisions, such as the repeal or amendment of a law, a provision which grants Congress the power to exercise congressional veto requiring its approval or disapproval of expenses for a specific purpose in the budget, or which is unconstitutional spending for a particular item, rider pro of legislation, and special interest py ‘can be considered as “item” and which the President may validly veto! Any provision therein which is intended to amend another lar is considered an “inappropriate provision.” The category of 3s” includes unconstitutional provisions and provisions which are intended to amend or repeal other laws, because clearly these kinds of laws have no place in an appropriations bill ‘Thus, increasing or decreasing the internal revenue allotments of the LGUs or modifying their percentage sharing therein, which are fixed in the Local Government Code of 1991, aré matters of general and substantive law: To permit Congress to undertake these amendments through the GAAS would be to give Congress the unbridledauthority to undilly infringe the fiscal autonomy-of the LGUs; and thus put the same in jeopardy every year. This cannot be sanctioned by the Court. Neither may Congress include in the appropriation bill provi- sions which restrict the fiscal autonomy of the Judiciary, the Civil Service Commission, the Commission on Elections, the Commission on Audit and:the Office of the Ombudsman, Fiscal autonomy con- templates a guarantes of full flexibility to allocate and utilize their resources with the wisdom and dispatch that their needs require, Fiscal autonomy means freedom from outside control. The imposi- tion of restrictions and:constraint on the manner the independent constitutional offices allocate and utilize the funds appropriated for their operations is anathema to fiseal autonomy and violates not oniy (of) the express mandate of the Constitution but especially as regards the Supreme Court, (of) the independence and separation of powers upon which the entire fabric of the constitutional system is based” “Phi. Cansliution Association v. Enriquee, 235 SCRA 806 [1994]. ‘Province of Batangas v- Romulo, May 27,2004. ‘Bonguon¥. Drilo, 209 SCRA 138 (1992)2 STATUTORY CONSTRUCTION 3. Procedure in approving appropriations. — The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for the other departments and agencies. 4. Special appropriation bill to spetify purpose. — “A special ‘appropriations bill shall specify the purpose for which itis intended, and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by'a corresponding revenue proposal therein." 5. _ Restriction on transfer of appropriation; exception. — “No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of thé Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offces from savings in other itemis of their respective appropriations.” The officials expressly enumerated in the constitutional provision are authorized to realign savings to augment any item in the ge appropriation law itself may contain provision authorizing them to do 50." Pursuant to the foregoing constitutional provision, the Senate President and the Speaker are authorized to realign savings ‘as appropriated. While individual members may determine the necessity of realignment of savings in the allocations. of their ‘operating expenses, the final say on the matter is lodged in the Senate President or the Speaker, as the case may be, who should give his approval when two requirements are met: (1) the funds tobe realized or transferred are actually savings in the items of expenditures from which the same are to be taken; and (2)-the transfer or realignment is for the purpose of augmenting ‘expenditures to which ‘transfer or realignment is tobe made. See. Sec, ‘Phil. Assocation, Inc. v. Bnriques, 285 SCRA 608 (1894). “Id, STATUTES a Parts of Statutes The express mention of the named officials precludes the legislature from granting other officials to (realize) savings from their respective offices.” 6. Discretionary’ funds. requirements. — “Discretionary funds appropriated for particular officials shall-be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may-be prescribed by law.”* 7. Automatic re-enactment of budget. — “If, by the end of any fiscal year, the Congress shall have failed to pags the general appropriations bill for the ensuing fiscal year, the, general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in foree and effect until the general appropriations bill is passed by the Congress.”* 8. President's veto power. — “The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item of items to which he does not object.” The President may veto not only any particular item, but also any “inappropriate” provisions in the bill. An item in a bill refers to the particulars, the details, the distinct and several parts of the bill, It is an indivisible sum dedicated to a state: in an appropriation bill means an item which appropriation of money, not some general pr ‘happens to be put into an appropriation bill.” ‘The Constitution provides that the “President shall have the items in an appropriation, not affect the item or items to which he does not object.” The power to disapprove any item or items in an appropriation bill does not: grant the authority to veto a part of an item and to approve the remaining portion of the same item. He either has to disapprove the whole item or not at all.* "*Bengzon ¥. Drilon, 208 SCRA 133 [1992] Gonzales v. Macarseg, 191 SCRA 452 (1990) “Sec. 272), Art. VI "Bengzon¥. Dron, 200 SCRA 159 (1992).2 STATUTORY CONSTRUCTION 9. Nopublicfundstobespentexcept bylaw. —Nomoney shall be paid out of the Treasury except in purstiance of an appropriation made by law." ‘The provision that “No money shall be peid out of the Treasury ‘except in pursuance of an appropriation made by law” underscores ‘the fact that only. Congress can authorize the expenditure of public funds by the passage of a law to that effect. However, the legislature is without power to appropriate public revenue for anything but fa public purpose. The test is whether the meusure is designed to promote public interests, a8 opposed to the furtherance of advantage of individuals, although it might incidentally serve the public.” 10. No public money or property for religious purposes. — No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of or dignitary as such, except when such priest, preacher, minister, ot dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.” ‘The prohibition that no public funds or property be paid or employed, direétly or indirectly, for the use, benefit or support of any system of religion does not apply to the temporary use of public streets or places, which are open to the public, for some teligious purposes.” Whore a religious order is given free use of water supply by a public corporation in exchange for its donatioa of a land in favor of said corporation, the prohibition does not apply because the free supply of water is not given on account of religious consideration but ‘as payment for the land donated.” Where money was appropriated for Catholic Church did not receive money for and the stamps were not issued for its benefit." ‘STATUTES 2 . Parts of Statutes 11. . Money for special purpose. — All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose’ only. Jf the puxpose for which a special fand was created has, been fulfilled or abandoned, the balance, if any, shail be transferred to the general funds of the Government. 12. Highest budgetary priority to education, directory. — Section 5(5) of Article XIV of the Constitution provides: (5). "The State shall ssign the highest budgetary prior- ity to education and ensure that teaching will attract.and re- tain its rightful share of the best available talents through ad- ‘equate remuneration and other means of job satistaction and fulfilment. Ithas been held that the above provision is merely directory. It does not tie-the hands of Congress.to respond to the imperatives of ‘he national interest and for the attainment of other state Policies or objectives. Thus, when in the 1991 budget, Congress appropriated an ‘amount bigger than that for the education, to service foreign debts, ‘the appropriation could not be assailed as unconstitutional. 1.14. Rules and records of legislative proceedings. ‘The Constitution requires that legislative proceedings be duly recorded in accordance with the rules of each of the Houses. Article VI provides: See. 16 (3) Each House may determine the rules of its Proceedings, xxx. (4) Each House shall keep a Journal of its proceedings, ime publish the same, excepting such parts snt, affect national security; and the seas Members prosent, be entered in the Journal: Bach House shall also keep a Record of its proceedings. "Soe BT, Art! VE. ‘Phil. Constitution Association v. Enrique, 235 SCRA 506 [1994]; Guingona, Jr. ¥. Carague, 196 SCRA 221 [1991].a STATUTORY CONSTRUCTION Section 26. xxx (2) _xxx Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal. Section 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President. xx x If it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. x x x In all such cases, the votes of each House shall be determined by yeas or nays, ‘and the names of the Members voting for or against shall be days after the date of receipt thereof, otherwise, it shall become a law as if he had signed it. x xx.” 1.15, Power to issue its rules of proceedings. Each House has the power to issue its own rules of proceedings. ‘Therulesmay not, however, ignore constitutional restraints or violate fandamental rights, and further that there should be a reasonable i \d of proceedings established by wught to be attained. It is only ‘within these limitations that all matters of method are open to the determination of the Legislature. Unless the rules of proceedings have violated any of these restrictions in the enactment of a law, ‘the law may not be declared unconstitutional for not having been enacted in accordance with the internal rules. Conversely, if the internal rules violate the Constitution such rules may be declared unconstitutional. Thus, in Francisco v. House of Representatives,* in declaring certain rales of impeachment of the House of Representatives as violative of the Constitution, ‘unconstitutiondl, the Court ruled: i| = STATUTES 25 . Paris of Statutes “It 1s basic that all rules must not contravene the Con- stitution which is the fundamental law. If as alleged Congress “had absolute role making power, then it would by necessary implication have the power to alter or amend the meaning of the Constitution without need of referendum. In Osmefia v. Pendatun, this Court held tha the province of either House of Congress to interpr and that it was the best judge of what constituted “disorderly However, in Paceta v. Secretary of nts, Justice (later Chief Justice) , declared that where the camstruton ta be given to rule alts eens other than house to determine its rules of proceedings, it may not by its rules ignore constitutional restraints or violate fundamental rule and the result which is sought to be attained. It is only within these limitations that all matters of method are open to that in the Philippine setting there is even more reason for courts to inquire into the validity of the Rules of Congress, vis With due respect, I do not agree that the issues. posed by the petitioner are non-justiciable. Nor do I agree that we will trivialize the principle of separation of power if we assume principle of separation of power is no longer an impregnable impediment against the interposition of judicial power on cases, involving breach of rules of procedure by legislators. Rightly, the ponencia uses the 1891 case of US v. BallinSTATUTORY CONSTRUCTION “The Constitution, in the same section, provides, that each house may determine the rules ofits proceedings.” Tt appears that in pursuance of this authority the House had, prior to that day, passed this as one of its rules: Rule XV 3. On the demand of any member, or at the suggestion of the.Speaker, the names of members sufficient to make a quorum in the halll of the House ‘whe do not vote shall be noted by the corded in the journal, and reported to with the names of the members voting, and be count- ‘ed and announced in determining the presence of a quorum to do business. (House Journal, 230, Febru- ary 14, 1890) ‘The action taken was in direct e: ‘The question, therefore, is as to the not what methods the Speaker may of to for determining the presence of a quorum, the Speaker or clerk may oftheir own volition place upon the journal. Neither do the advantages or disadvantages, the ‘wisdom or folly, of such a rule present any matters for judicial sought to be attained. But within thes ‘of method are open to the determinat no impeachment of the rule to say bbe better, more accurate, or even mor ‘the validity of a rule that a different and in force for a length of time, The power to make rules is not one which once exercised is exhausted. It is a continuous power, always subject to be exercised by the House, and within buggested, absolute and beyond the challenge iy or tribunal. Ballin clearly confirmed the jurisdiction of courts to pass upon the validity of congressional rules, ic., whether they are constitutional. Rule XV was examined by the Court and STATUTES ” readonable relationship with . By examining Rule XV, the 1.16. Unimpeachability of legislative journals. ‘The Constitution requires that “each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, afect National Security; and the ‘yeas and nays'on any question shall, at the request of one-fifth ofthe ‘Members present, be entered in the Journal.”* ‘The Journal is regarded as conclusive with respect to matters that are required by the Constitution to be recorded therein. With respect to other matters, in the absence of evidence to the contrary, the Journals have also been accorded conclusive effect. Entries or records contained in the legislative journals are declared conclusive upon the courts: Considerations of public policy led to the adoption of the rule-giving verity and unimpeachability to legislative records. “Imperative reasons of public policy require that the authenticity of laws should rest upon public memorials of the ‘most permanent in character. They should be publie, because all are required to conform to them: they should be petmanent, that rights acquired today upon the faith of what has been declared to be law shall not be destroyed tomorrow, or at some remote period of time, by facts resting only in the memory of individuals.”* In ease of confliet between the enrolled bill and the legislative journals, it is the former that should prevail, except as to matters ‘that the Constitution requires to be entered in the journals, such as, the yeas and nays on the final reading of a bill or on any question at the request of at Teast one-fifth of the members of the House, the objections of the President to a vetoed bill or item, and the names of ‘the members voting for or against overriding his veto.” US. v. Pons, 84 Phil. 729, 735 [1916}; Morales v. Subido; 27 SCRA 11 9601 "See dissenting opinion of Justice Cruz, Telentine v. Secretary of Finance, 235 ‘SCRA, p. 7062 STATUTORY CONSTRUCTION 1.17. Enrolled bill. ‘The bill as passéd by Congress, authenticated by the Speaker and Senate President and approved by the President is known as the enrolled bill.” Under the principle of the enrolled bill, the text of the act as passed and approved is deemed importing absolute verity and is binding on the courts." Under the “enrolled bill doctrine,” the signing of a bill by the Speaker of the House and the Senate President and the certification of the Secretaties of both Houses of Congress that it was passed are conclusive of its due enactment. The but also led copy of a bill is conclusive not is due enactment. Not even cl of a statute had been “ craved” in the-printing of the bill, have moved or persuaded the court to look behind the proceedings of a co-equal branch of the government. Attempts to have the doctrine mined or relaxed has so far failed.* ‘The reason why an enrolled bill is accorded conclusive verity lies in the fact that the enrolled bill carries on its face a solemn assurance by the legislative and executive departments of the executing the laws, that it was passed by the assembly. The respect due to co-equal and independent departments requires the judicial department to act upon that.assurance, and to accept, as having passed the assembly, all bills duly authenticated.® Courts cannot go behind the enrolled act to discover what really officers of the said branches attest to as the official acts of their respective departments. Otherwise, courts would. be cast in the unenviable and unwanted role of a sleuth trying to determine what actually did happen in the labyrinth of lawmaking, with consequent impairment of the integrity. of the legislative process. For if there ia, 27 SCRA 268 (1997) Morales v. ubido, 27 SCRA 131 (1968) STATUTES 2 ©. Parts of States be danger that officials concerned may impose upon the people an act that was never passed in the form in which it is preserved in the published statutes, there will be much greater danger of permaitting the validity of a legislative enactment to be questioned by evidence furnished by the general endorsements made by clerks upon bills previous to their final passage and enrollment. Hence, if there has bbeen any mistake in the printing of the bill before it was certified by tthe officer of the assembly and approved by the chief executive, the remedy is by amendment by enacting a curative legislation, not by judicial decree. ‘The legislative journals, and the enrolled bill are both conclusive upon the courts. However, where there is a diserepancy between the journal and the enrolled bill, the latter as a rule prevails over the former, particularly with respect to matters not expressly required tobe entered into the legislative journal. 1.18. Withdrawal of authenticity, effect of. ‘The Speaker and the President of the Senate may withdraw their respective signatures from the signed bill where there is status as an enrolled bill. In such a case, wnded absolute verity as regards its text yurnal should be consulted. And where the journal discloses that substantial amendments were introduced and approved but were not incorporated in the printed text sent to the President for signature, the court can declare that the bill has not been duly enacted and did not accordingly become a law." 1.19. Summary of rules. The Court summarized the rules on internal rules of proceedings, legislative journals, and doctrine of enrolled bill, in Arroyo v. de Venecia;” as follows: Td. ‘*Casco Phil. Chemical Co, Inc. v. Gimenez, 7 SCRA $47 1963}. "Morales v. Subido, 27 SCRA ‘Astorga v. Villegas, 56 SCI 277 SCRA 268 (1957).STATUTORY CONSTRUCTION First, It is clear from the foregoing facts that what is alleged to have been violated in the enactment of R.A. are merely internal rules of procedure of the Hi Art. VI Secs, 26-27. Petitioners do not claim quorum but only thet, by some maneuver allegedly in violation ofthe rules of the House, Rep. Arroyo was effectively prevented from questioning the presence of a quorum. But the cases, both here and abroad, in varying forms of expression all deny to the courts the power to inguire into the action (taken by a deliberative body) when the number of members have agreed to a particular stated thus: and the result which is sought to be attained. But within these limitations all matters of method are open to the determination of the Hc it is no i one which once exercised is exhausted. It is a continuous Power, always subject to be exercised by the House, and STATUTES a ©. Parts of Statutes ‘within the limitations suggested, absolute and beyond the challenge of any other body or tribunal.” In this case, no'rights of private individuals are involved but only those of' member who, instead of seeking redress in ‘the House, chose to transfer the dispute to this Court. We have ‘no more power to look into the internal proceedings of a House than members of that House have to look over our shoulders, as long as no violation of constitutional provisions is shown. Second. Petitioners, quoting former Chief Justice Roberto Concepeion's sponsorship in the Constitutional Commission, contend that under Art. VII, Sec. 1, “nothing involving abuse of therefore, to the requirement of a justicial courts can adjudicate constitutional qu Uf, then, the established rule is that courts cannot declare an act of the legislature void on account merely of noncom- pliance with rules of procedure made by itself, it follows thatSTATUTORY CONSTRUCTION xxx ‘Third. Petitioners claim that the passage of he law in the House was “railroaded.” They claim that Rep. Arroyo was still ‘making a query to the Chair when the latter declared Rep. Albano's motion approved. No rule of the House of Representatives has been cited which specifically requires that in case such as this involving approval of a conference committee report, the Chair must restate the motion and conduct a viva voce o nominal voting. xxx _. Fourth, Under the enrolled bill doctrine, the signing of HLB, No. 7198 by the Speaker of the House and the President of the Senate and the certification by the secretaries of both Houses of Congress that it was passed on November 21, 1996 are conclusive ofits due enactment. Much energy and learning {is devoted in the separate opinion of Justice Puno, joined by Justice Davide, to disputing this doctrine. To be sure, there js no claim either here or in the decision in the EVAT cases [Tolentino v. Secretary of Finance] that the enrolled bill embodies a conclusive presumption. In one case we “went behind” an enrolled bill and consulted the Journal to determine whether certain provisions of a statute had been approved by the Senate. But, where as here there is no evidence to the contrary, this Court will respect the certification of the presiding officers of both Houses that a bill has been duly passed. Under this rrule, this Court has refused to determine claims that the three- fourths vote needed to pass a proposed amendment to the Con- stitution had not been obtained, because “a duly authenticated bill or resolution imports absolute verity and is binding on the courts.” xxx ‘The enrolled bill doctrine, as a rule of evidence, is well establisied. ‘It is cited with approval by text writers here and abroad. The enrolled bill rule rests on the following consider- ations: ‘As the President has no authority to approve a bill not, passed by Congress, an enrolled Act in the custody of the Secre- STATUTES 38 . Parts of Statuter tary of State, and having the offtial attestations of the Speaker of the House of Representatives, of the President of the Senate, solemn assurance by the legislative and executive departments of the government, charged, respectively, with the duty of en- acting-and.executing the laws, that it was passed by Congress. ‘The respect due to coequal.and independent departments re- quires the judicial department to act upon that assurance, and to accept, as having passed Congress, all bills authenticated in the manner stated; leaving the court to determine, when the question properly arises, whether the Act, so authenticated, is in conformity with the Constitution. Moreover, as already noted, the due enactment of the law in question is confirmed by the Journal of the House of November 21, 1996 which shows that the conference committee report on H.B, No. 7198, which became R.A. No. 8240, was approved on that day.,The keeping of the Journal is required by the Constitut Art. VI, Sec. 16(4) provides: Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; atid the yeas and nays on’any question shall, at the réquest of one-fifth of the ‘Members present, be entered in the Jouirnal. ‘The Journal is regarded as conclusive with respect to matters that are required by the Constitution to be recorded therein. With respect to other matters, in’ the absence of evidence to the contrary, thie Journals have also been accorded Inited States v. Pons, this Courtspoke of the imperatives of publie policy for regarding the Journals as “public memorials of the most permanent character,” thus: “They should be public, because all are required to conform to ‘them; they should be permanent, that rights acquired today ‘upon the faith of what has been declared to be law shall not be destroyed tomorrow, or at some remote period of time, by facts resting only in the memory of individuals.” As already noted, the bill which became R.A. No. 8240 is shown in the Journal. Hence its due enactment has been duly proven.” (277 SCRA, pp. 284-299)4 STATUTORY CONSTRUCTION D. ISSUANCES, RULES AND ORDINANCES 1.20, Presidential issuances. juances are those which the’ President issues his ordinance power. ‘They*include: executive memorandum cirewlars, and general or special orders. These {issuances have the force and effect of laws." Executive Orders are “acts of the President providing for rules of a general or permanent character in the implementation or execution of constitutional or statutory powers.” These should be differentiated from execution orders issued by the President in the exercise of his legislative power during the revolutionary period under the Freedom Constitution, for the latter are of the same ‘eategory and binding force as statutes enacted by the legislature while the former do not have such status. Administrative Orders are “acts of the President which relate to particular aspects of governmental operations in pursuance of his duties as administrative head.” Proclamations are “acts of the President fixing a date or declaring a statute or condition of public ‘moment or interest, upon the existence of which the operation of # specific law or regulation is made to depend.”** Memorandum Orders are “acts of the President on matters of administrative detail or of subordinate or temporary interest which only concern a particular officer or office of the Government.” Memorandum Circulars are “acts of the President on matters relating to internal administration Chief of the Armed Forces of the Philippines." In David v. Arroyo, G-R. No. 171396, May 3, 2006, the Court held: ‘Anioles, GR, No. 6127, April 30, 1984, TH, Tie I, Chap. 2, 1887 Administrative Code, STATUTES 35 D. Iesuances, Rules and Ordinances ‘The President is granted an Ordinance Power under Chapter 2, Book III of Executive Order No. 292 (Administrative ‘She may issue any of the following: scutive Orders. — Acts of the President provid- ing for rules of a general or permanent character in implemen- tation or execution of constitutional or statutory powers shall be promulgated in executive orders. Sec. 3. Administrative Orders. — Acts of the President which relate to particular espect of governmental operations in pursuance of his duties as’ administrative head shall be promulgated in administrative orders. Sec. 4, Proclamations: — Acts of the President fixing a date or declaring a status or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend, shall.be promulgated in proclamations which shall have the force of an executive order. Sec. 5. Memorandum Orders. — Acts of the President on matters of administrative detail or of subordinate or temporary. interest which only concern a particular officer or office of the Government shall be embodied in memorandum orders. Sec, 6, Memorandum circulars. — Acts of the President on matters relating to internal administration, which the President desires to bring to the attention of all or some of the departments, agencies, bureaus or offices of the Government, for information or compliance, shall be embodied in memorandum circulars, Sec. 7. General or Special Orders, — Acts and commands of the President in his capacity as Commander-in-Chief of the Armed Forces of the Philippines shall be issued as general or special orders. President Arroyo's ordinance power is limited to the foregoing issuances. She cannot issue decrees similar to thove issued by Former President Marcos under PP 1081. Presidential Decrees are laws which are of the same category and binding force as statutes because they were issued by the President in the exercise of his legislative power during the period of ‘Martial Law under the 1978 Constitution.