STAT CON FINALS

1. Characteristics of Construction
a) It is an art or process- The nature of construction which is to determine its intention of the
legislature results to uncertainty and subjectivity. It is an art or process because statutory
construction is not an exact science as it is not derived from formulas.
b) It involves the determination of legislative intent- This means that to ascertain and to give
effect are the primary objectives of construction. Consideration is vital in determining its
legislative intent.
c) It is necessary when the legislative intent cannot be readily ascertained- When the law is
clear and unambiguous, then there is no room for construction or interpretation. There is
only room for application.
d) It is a judicial function- The duty to construe laws is vested in the Judicial department. The
Legislative department is assigned to make and enact laws and the Executive department is
in charged in carrying out the provisions of the laws. The Judicial department interprets and
applies the said laws.

2. The summary of legislative process in the Philippines- how a bill is made.

A bill is introduced by any member of the House of Representatives or the Senate. Article 6,
Section 24 states that, “All appropriation, revenue or tariff bills, bills authorizing increase of the
public debt, bills of local application, and private bills shall originate exclusively in the House of
Representatives, but the Senate may propose or concur with amendments.”
There are three readings in the procedure how a bill is made. The first reading involves only the
reading of the number and title of the measure and its referral by the Senate President or the
speaker to the proper committee for study. Once it is approved, the bill will be calendared for
the second reading. The second reading is a crucial part because it is where the bill will be
scrutinized, debated and amended. If it is once again approved, then it will have a third reading.
In the third reading, the members will register their votes and no further debates are allowed.
Once the bill passes the third reading, it is then be transmitted to the Senate which will undergo
the same process of three readings. If there are differences between versions approved by the
two chambers, then a Bicameral Conference Committee representing both Houses will draft a
compromise measure and will then be submitted to the President for consideration. The bill will
either be approved or vetoed by the President, citing the reason for the veto. The laws shall take
effect after fifteen days following the completion of their publication either in the Official
Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise
provided.

3. Verba Legis means the plain meaning rule. If the words used in the legislature correctly
expresses its intention and meaning, then it must be given its literal meaning and should be
applied without interpretation. This is given that the statute is clear, plain, and free from
ambiguity. On the other hand, Ratio Legis means the spirit of the law. This means that the
statute must be read in accordance with its spirit and intent.
Verba Legis and Ratio Legis should not oppose but they should rather complement each other. If
the law is clear, then there is no room for construction. Ratio Legis should not take over Verba
 Legis. If the words used in the statute are not clear, then Verba Legis is not enough; Ratio Legis
should be applied to find the intention behind the law.

4. The presumption of justice is further explained in Article 10 of the Civil Code which states that,
“In case of doubt in the interpretation, or application of Laws, it is presumed that the lawmaking
body intended right and justice to prevail.” In the case of Floresca v. Philex Mining Corporation,
the issue raised is whether an injured employee or his heirs can avail an action pursuant to
Section 5 of the Workmen’s Compensation Act. The Court held that the heirs may still file an
action for damages against Philex under the Civil Code as the Workmen’s Compensation Act is
different in giving damages compared to the Civil Code. If the legislative intent of Section 5 were
to allow the injured employee to sue his employer under the Civil Code, then the legislator could
easily have formulated the said first paragraph of Section 5. However, this was not done which
shows that the legislative intent did not allow for employee to sue the employer under the Civil
Code for injuries compensable under the Act. The constitutional policy protects the labor as well
as Article 10 of the Civil Code where it is presumed that the lawmaking body intended right and
justice to prevail.

5. The Doctrine of Ejusdem Generis

Ejusdem generis means “of the same kind, class, or nature”. If there is an incompatibility
between specific and general words, then the doctrine of ejusdem generis will reconcile it so
that the statute can have its legal effect. The general words will follow a particular subject or
class and will only include things of the same kind, class, or nature.

The requisites for ejusdem generis to apply as enumerated by Justice Carpio from the case of
Belgica v. Ochoa are the following:

a. A statute contains an enumeration of particular and specific words, followed by a general

word or phrase;
b. The particular and specific words constitute a class or are of the same kind;
c. The enumeration of the particular and specific words is not exhaustive or is not merely by
examples; and
d. There is no indication of legislative intent to give the general words or phrases a broader
meaning.

6. Enumerate Extrinsic Aids:

1. Legislative Deliberations- This refers to the debates of the members of the Congress,
whether in a committee, in a plenary session or during a bicameral conference. (Estrada v.
Sandiganbayan, G.R. No. 148560). A legislative deliberation may be adopted in case of
doubt.
2. Legislative History- This refers to the historical background of the passage of the law such as
drafts of bills and previous legislation covering the same or similar subject matter.
3. Contemporaneous Circumstances- This refers to the factual environment existing at the
time of the passage of the law and may shed light to the intention of the legislature.
4. Legislative Practice- This should be done in reference to other statutes.
 5. Statutes Borrowed from Foreign Jurisdictions- This refers to a foreign jurisdiction which
received a settled judicial construction. The Philippine legislature is presumed to have
adopted a statute that is already existing and not interpretations made afterwards.

7. What are the rules in solving in pari materia? (VII)

The general rule in solving in pari materia is that the statutes should be read and construed
together to form a complete structure. They should be harmonized together to attain the
purpose of a uniform system of jurisprudence.
In Special Law versus General Law, the general rule is that the special law shall prevail over the
general law regardless of whether the general law or the special law was enacted on a later
date. If the special law is inconsistent with the general law, then the special law is considered as
the exception of the general law.
In Substantive Law versus Procedural Law, the rule is that a substantive law cannot be amended
by a procedural law. The Court’s rule-making power is deemed to be substantive since there is
no definite line that can be drawn to a procedural rule. If the rule takes away a vested right,
then it is substantive. If the rule operates as a means of implementing an existing right, then it is
procedural.
In Earlier Law versus Later Law, the general rule is that the two laws should be harmonized in
the absence of an express provision which will repeal the earlier law. If the law cannot be
reconciled, then pari materia should be considered. If these special rules do not apply, then the
special law will be considered as repealing the earlier law.

8. When can you apply prospectivity and retroactivity? (VIII)

The prospectivity of laws can be applied as a general rule pursuant to Article 4 of the Civil Code
which provides that laws shall have no retroactive effect, unless the contrary is provided. A law
should be considered as prospective unless the purpose and intention of the Legislature clearly
demands that it shall have a retroactive effect. In case of doubt, it must be resolved against the
retrospective effect.

9. What are the three general characteristics of contracts?

Principle of Autonomy of contracts- considers contracts as tools for realizing individual self-
determination by means of voluntarily entering legally binding agreements (Gutmann, 2013).
This means that parties are free to enter or not to enter into agreements.
Autonomy of contracts

The autonomous nature of contracts is enunciated in Article 1306 of the Civil Code.

Article 1306. The contracting parties may establish such stipulations, clauses, terms and
conditions as they may deem convenient, provided they are not contrary to law, morals, good
customs, public order, or public policy.
 Obligations arising from contracts have the force of law between the parties and should be
complied with in good faith.10 In characterizing the contract as having the force of law between
the parties, the law stresses the obligatory nature of a binding and valid agreement.

The provision in the construction contract providing for a defects liability period was not shown
as contrary to law, morals, good customs, pubic order or public policy. By the nature of the
obligation in such contract, the provision limiting liability for defects and fixing specific guaranty
periods was not only fair and equitable; it was also necessary. Without such limitation, the
contractor would be expected to make a perpetual guarantee on all materials and workmanship.

Principle of Mutuality of contracts- Article 1308 of the Civil Code expresses what is known in law
as the principle of mutuality of contracts. It provides that "the contract must bind both the
contracting parties; its validity or compliance cannot be left to the will of one of them." This
binding effect of a contract on both parties is based on the principle that the obligations arising
from the contracts have the force of law between the contracting parties, and there must be
mutuality between them based essentially on their equality under which it is repugnant to have
one party bound by the contract while leaving the other free therefrom. The ultimate purpose is
to render void a contract containing a condition which makes its fulfillment dependent solely
upon the uncontrolled will of one of the contracting parties.

Principle of Relativity of contracts- contracts can only bind the parties who entered into it, and
cannot favor or prejudice a third person, even if he is aware of such contract and has acted with
knowledge thereof “Where there is no privity of contract, there is likewise no obligation or
liability to speak about.” Philippine National Bank v. Teresita Tan Dee, et al., G.R. No. 182128,
February 19, 2014.

According to the principle of relativity of contracts in Article 1311 of the Civil Code,31 a contract
takes effect only between the parties, their assigns, and heirs; except when the contract
contains a stipulation in favor of a third person, which gives said person the right to demand
fulfillment of said stipulation.

10. Why do you deserve to pass?

I believe the effort and dedication I invested in the subject merits a passing grade. Statutory
Construction may be a 2-unit subject but this is deemed to be essential in law school because
we are taught how to ascertain the intention of the law, and that the judiciary has a vital role in
interpreting the statutes. At first, I thought it was a subject that I should not focus more since it
is not a bar subject. Wrong. When I began reading the prescribed books, it made me realize that
I have a lot of learning and studying to do as the subject involves numerous cases, frameworks,
rules and principles, and not to mention the Latin maxims. From the commitment of waking up
early, dressing up, and coming to the class prepared up to the studying the cases provided in the
book, and profound cogitation as a whole in the subject, I believe I deserve to get a passing
grade.