GENERAL PRINCIPLES WHAT IS STATUTORY CONSTRUCTION? - itis the art of seeking the intention of the legislature in enacting a statute and of applying it to Eel ascot) Construction distinguished from Interpretation CONSTRUCTION: the drawing of conclusions respecting subjects that lie beyond the direct expression LRU R eUER Oo Mollie ele WM -Ue le Mela Ul) statute and seek the help of extrinsic aid INTERPRETATION: the act of finding the true sense and meaning of words; one who interprets does not get outside the context of the statute WHAT DO YOU MEAN BY LEGAL HERMANEUTICS ? - abranch of science which establishes the principles Ute Moan uel ic Cele Wre Reese (ool ANAL CUT laws; the application and of the said principles and rules is termed as EXEGESIS.WHY IS IT IMPORTANT TO STUDY STATUTORY CONSTRUCTION? = Helps prepare the law student for the task of studying, interpreting and constructing laws in the various subjects Enables the practitioner to prepare his pleadings and court arguments and to anticipate with reasonable accuracy what the adversary would use as defense, objection or counter argument in cases Tao) isle Mal cise 3c Co la Rod merelal tr Tele- 101010) construction of statute Necessary for the promulgation of future statutes Vio sR rele a rAS ALL ee (ULL oa a) wordings of the statute and promotes careful study of statutes that are in pari materia Essential for a counsel to make sure that the documents that he has prepared reflect the true intention of the parties in clear and unequivocal languageFUNDAMENTAL RULES " A statute is the will of the legislature and the fundamen: le of interpretation to which all others are subordinate is that a Statute is to be expounded according to the intent of them that made it." DOEA STATUTORY CONSTRUCTION INVOLVE QUESTIONS OF FACT OR OF LAW? CONSTRUCTION as applied to a document includes two(2) things: a. first, the meaning of the words and b. their legal effect or the effect which is to be given to them; the former is a question of fac while the latter is a question of law STATUTORY CONSTRUCTION: WHOSE JOB Is IT? “ TO DECLARE WHAT THE LAW SHALL BE IS A yTIVE POWER, BUT TO DECLARE WHAT THE LAW IS OR IN, IS JUDICTAL." Fleete vs. Nickerson 54 L.R.A p 554HOW IS STATUTORY CONSTRUCTION BE & AFFECTED BY THE OVERLAP OF \\ GOVERNMENT FUNCTIONS? : - In principle, the three branches of mt the government , namely, the Executive branch, Legislative and the Judicial branch, are co-equal branches of government with separate and distinct functions; in reality, however , these functions do not fit into separate airtight compartments, but often overlap = LeDIAGRAM I. SPHERES THAT OVERLAP eee Area 1 is the overlap between the executive and the legislative functions. This area is the Rule-making Power of the executiveDIAGRAM 2 If the exercise of this rule-making power exceeds the legislative grant , judiciary will strike it out as ultra-vires y _ ere EL .DIAGRAM 3 Area 2A is the power granted to the Administrative agency to perform Quasi-Judicial functions; Area 2B is referred to as the Executive Construction (executive interpretation) ExecyftiDIAGRAM 4 mB ice R= tol RNa OR Um LL a eee OULU Le of Statutory Construction (overlap between the judicial and ToT -)) Within the area between judicial and executive (3) , Art 9 of the Civil Code referred to it POROUS a on Ce ume ee our CO een am ect acar| CeCe Cat ments eee meme meets cede Toa RE ene ROR a ee RCC AL eee eee DiceBASIC RULES ON STA CONSTRUCTION The legislature cannot declare that the statute it has passed shall be so construed as not to violate a constitutional inhibition. Endencia vs. David 93 Phil 696 Courts should respect the contemporaneous construction of a statute by the executive officers who enforce it. Orencia vs. Enrile, 55 SCRA 50 me mec cel Semele given weight. People vs. Concepcion, 44 Phil. 126 Courts should not incorporate matters not provided in the law by judicial ruling. Sy Kiong vs. Sarmiento, 90 Phil. 434 SCOPE OF THE APPLICATION OF THE RULES ON CONSTRUCTION Construction is resorted to only where the language is Celanlel fel Col =? Ambigui defined as doubtfulness, doubleness in meaning or indistinctness, or uncertainty of meaning of the eT eM MRRRULES OF CONSTRUCTION NOT MANDATORY UPON THE It serves as mere suggestions It has been declared that a long and uniform construction CIN Aa CRTC Al CON STENT Cel] 1 In our jurisdiction, the judicial decisions interpreting the = ee CCR CaN Mmm a eC aT) SUBJECTS OF CONSTRUCTION il, CONSTITUTION a STATUTES \ 3. RESOLUTIONS 4. ORDINANCES WHAT IS THE CARDINAL RULE OF CONSTRUCTION ? SMe sar R ee Mu eUl eR Lm eal a eam LAC purpose of giving effect thereto . Daza vs. Villaroman, 69 Phil iYTOPIC OUTLINECASES TO STUDY : eS GENERAL PRINCIPLES Ss Y CML a) J STG Oe ee Cee VELA b. Nature of the Rules in Statutory Construction - PCFI vs. NTC and PLDT 125 SCRA 854 (1983) 131 SCRA 200 (1984) c. Rule on Ambiguity - NFI vs. EISMA 127 SCRA 419 - Dao-Ang Vs. Municipal Judge of San Nicolas 159 SCRA 369 Pi Cc aa Pe eae) Bae eee Rec] Ceae. On Executive Construction -Ramos vs. CIR GR. No. L-22753, December 18, 1967 - PAFLU vs. BLR 72 SCRA 396 -PAWU_ vs, NLRC 106 SCRA 444 -IBAA Employees’ Union vs. Inciong 132 SCRA 663 -Chartered Bank Employees’ Association vs. Ople, 138 SCRA 273 -Orencia vs. Enrile 55 SCRA 580 #. On Judicial Interpretation - Sy Kiong vs. Sarmiento, 90 Phil. 434 - Floresca vs. Philex Mining, 135 SCRA 142 g. Legislative Intent = Aisporna vs. CA and People, 113 SCRA 459 -China Bank vs. Ortega 49 SCRA 355 Prasnik vs. Republic 98 Phil. 665 vs. Concepcion 44 Phil 126 je Jesus vs. City of Manila 29 Phil. 73 Regalado vs. Yulo 61 Phil 173h. Literal Construction - Abellanavs.Marave 57 SCRA 106 - IBAA Employees’ Union vs. Inciong 132 SCRA 663 or Chartered Bank Employee’s Association vs. Ople pT B ewer) SUB/ECTS OF CONSTRUCTION Cele d lola) ele levi) Sagi 1 Bete RLV LL - NITAFANvs.CIR 152 SCRA 284 eet (Cate) - Aglipay vs. Ruiz - Ayson vs. Provincial Board 39 Phil. 931 (One subject bill) - Sumulong vs. COMELEC 73 Phil. 257 (Cdr ladte Melamine] | Construction of Subject) People vs. Echavez RC eec10lY Wl ON ite ROS) . Publication Requirement - Tanadavs. Tuvera 136 SCRA 27 (1985) Tanada vs. Tuvera 146 SCRA 446 (1986) melee Tlie 3 -Primicias vs. Municipality of Urdaneta, Pangasinan 93 SCRA 462Interpretation of Specific Types of Statutes CPT] ST] Ce} a - Us.Vs.Abad Santos 36 Phil. 243 or . PeoplevsPurisina 86 SCRA542 b. Tax Laws = - Serfinovs. Court of Tax Appeals 154SCRA 19 c. Labor Laws = Manahanvs. Employment Compensation Commission 104 SCRA 198 - Villavert vs. Employees’ Compensation Commission 110 SCRA 233 . Insurance Law Ty vs. First National Surety and Assurance Co.,Inc. OY PL Panaton vs. Malayan Insurance Co., Inc. VO NX) laa kse). Corporate Law Home Insurance Co., vs. Eastern eae Lines 123 SCRA 425 aw A\ChaU Le LiP4- Leela hy - Co vs. republic - Velasco vs. Republic - Lee Cho vs. Republic 108 Phil. 265 108 Phil. 234 106 Phil. 775 . Agrarian Reform Laws = - Guerrero vs. CA 142 SCRA 136 (1986) . Rules of Court Bello vs. CA 56 SCRA 509 Lacsamana vs. IAC 143 SCRA 643 (1986) Abellana vs. Marave 57 SCRA 106Expropriation Law/ Right of Eminent Domain City of Manila vs. Chinese Community 40 Phil 448 . Debtor Protection Laws Javellana vs. Mirasol 40 Phil 761 . Election Laws Villanueva vs. COMELEC 101 O1. Yoho (1985) Wills Tampoy vs. Alberastine 107 Phil. 100PARTICULAR RULES ON CONSTRUCTION (Latin Maxims) . VERBA LEGIS IBAA Employees’ Union vs. Inciong Pe Le) b. RATIO LEGIS Villanueva vs. COMELEC (dissenting opinion of Justice Aquino) 140 SCRA 353, 359 c. MENS LEGISLATORES ae A001 om a Lodo) Matabuena vs. Cervantes 38 SCRA 284 . DURA LEX SED LEX -Peoplevs. Macarandang 106 Phil. 715 -People vs. Mapa 20 SCRA 1164 -People vs. Santayana 74 SCRA 25EXPRESSIO UNIOS ESTEXCLUSIO AL7ERIUS - Republic vs.Estenzo 99 SCRA651 SNe Roe aaa es) EJUSDEM GENERIS Mutuc vs. COMELEC 36 SCRA 228 Gotiaco vs. Union Insurance Society of Canilon 40 Phil. 40 People vs. Echavez 95 SCRA 663 US vs. Sto . Nino Eee cee -Roman Catholic Archbishop of Manilavs Social Security System 1 SCRA 10 CASUS OMISSUS - People vs.Manantan 5 SCRA 684 Benoa STO Ei) NOSCITUR A SOCIIS Sanciangcovs.Rono 137 SCRA671 Caltex (Phil) vs. Palomar 18 SCRA 247REFERENCES: = STATUTORY CONSTRUCTION BY: RUBEN E. AGPALO JOSE JESUS G. LAUREL RUPERTO MARTINEND OF LECTURE