Fears

 Not be able to answer prof questions

 To be judged stupid, useless
 To not be able to understand professors

How to overcome

 You’re here to learn

 Protect and preserve family
 Help others
 You can do it
 Family is waiting for you.

Vvv v

Chapter 1 1dr36 Pages 1 hour

Statutory Construction,

 Discovering and expounding the meaning and intention of the authors of law
 Seeking the intention of the legislation
 Broadening its scope to include subject matter or territory
 Extrinsic consideration

Construction

 Drawing of conclusions

Interpretation

 Giving meaning of the language used

 Exploring the text
 Same provusion
 Decision of the supreme court
 Hearing
 Extrinsic
 Set of rules
 Never meant to beyond

Understand what you read

hyphothetical

Situs of Construction and Interpretation

Only the judicial power

Power vs System of checks and balances

Legislative Power

 Congress of the Philippines

o Senate
o House of Representatives

Judicial Power

 Supreme Court

Duty of the Courts

 Contrue and interpret

1. Contreversy
a. Uncertain, doubt, duplicity, ambiguity
b. Defective, vague, obscure or insensible language

Director of Lands cs Court of appeals

 Registering land must be publicized in a newspaper of general circulation

 Director of Land, is it valid and can we confirm
 Court of appeals says no
 No need to interpret when the language is clear

Secretary of the department of public works and high ways and district engineer Celestino R. Contreras
vs Spouses Heracleo and Ramona Tecson

1940 DPWH took land from Heracleo

1994 They asked for price and money

Most unfair rule, 1940 price is used for the computation of compensation APPLY THE LAW

People of the Philippines vs Mario Mapa Y Mapulong

Illegal possession of firearm and ammunition by the Court of First instance of manila

Secret agent but not performing his duty while possessing a firearm

People of the Philippines vs Patricio Amigo

Facts: Accused-appelant Patricio

 Convicted of murder
o Reclusion perpetua or unbailable
 Dura Lex Sed Lex- no pity no plead for sympathy

Hermeneutics science or art of construction and interpretation

Close interpretation

 Literal
Extensive Interpretation

 Comprehensive signification of the words

Extravagant Interpretation

 Substitution a meaning beyond the true one. Not genuine

Free or unrestricted interpretation

 In good faith

Limited or unrestricted interpretation

 Influence by science of interpretation

Chapter 2

Legislative Power

 President
 Congress
 Senate
 House of Representatives

They can make Laws

Bill

 Draft is a proposed ;aw

 Voted by the legislative body

Act

 The law was passed

  Statute

Steps on passing a bill

Parliamentary

A. Introduce a bill, signs it. Member of the national assembly

B. Title and number only
C. Speaker refers it to the appropriate committee for study. Conduct hearings.
Call necessary parties, persons, organization or sectors of society involved in
reaction and feelings on the proposed bill

If unfavorable

D, bill is returned and calendared in the second reading

e. reading entirety
f. set for open debates where members of the assembly may propose amendments and
insertions to the proposed bill.
g. approval, 3 days, unless prime minister certifies to immediate enactment due to
public calamity or emergency

Constitutional Test in the passage of a bill

1. Every bill passed by the congress shall embrace only one subject expressed in the title thereof.
a. Prevent hodge-pudge or log rolling
b. Prevent surprise or fraud upon the legislature
c. Fairly apprice the people through publication of legislative proceedings as is usually
made

Lito Corpuz vs the People

Estafa

4 years and 2 months of imprisonment

8 years of mayor prison

The judge interpret it by being cruel and unreasonable

Alalayan vs National Power Corporation

No log rolling

Remmam Enterprise Chamber of Real Estate, and Builders association vs Professional Regulatory Board
of Real Estate Service and Professional Regulation Commission.

Bill is passed in the right procedure.

Although the title of the bill is concise, the bill statutes the regulation of the said organizations.

R. A. No 9646 Real Estate Services Act of the Philippines

DTI supervise real estate serive and practitioners through BTRCP

Remmam Enterprise Chamber of Real Estate, and Builders association

 Unconstitutional because congress shall embrace only one subject

Veto is the authority and power to cancel or postpone the decisions, enactments of another branch

Both houses shall have the right to vote and amend the bill being passed through voting. If 2/3 voted
yes, then the bill is passed in that house , then it will be submitted again to the other house for reading
and voting. Then to the president.

Parts of the Statute

1. Title
a. Brief summary
2. Preamble
a. Objective, goals, and the reasons for its enactment
b. Helpful for interpretation
3. Enacting Clause
a. Declares the enactment of legislation
b. “Be it enacted”
4. Body
a. Substantive – define the crime or act that offense the law
b. Procedural provisions – steps by the offender to be punished
c. Provisions and exceptions
5. Repealing Clause- part of the statute announces the prior law be evaded by reason of acting the
new law
6. Saving Clause- Restriction in a repealing act
a. Save rights pending proceeding penalties, annihihalation of unrestricted repeal
7. Separability Clause- statute which provides that in the event one or more provisions are
declared void, unconstitutional, the remaining provisions shall still be in force
8. Effectivity Clause- effective date of the law

GSLPPRCPPRAM

General Law

Special Law

Local Law

Public Law
 Private Law

Remedial Statute

Curative- retrospective

Penal Statutes – defines criminal offenses and specify corresponding fines and punishment

Affirmative Statute- doing of an act

Negative statue- refrain from doing an act

Mandatory Statutes- shall

Vague Statues

1. Lack of Due Process and notice

2. Leave law enforces unbridled discretion

Tes of Valid Ordinance

1. Not contravene the Constitution or any statute

2. It must not be unfair or oppressive
3. It must not be partial or discriminatory
4. It must not prohibit but may regulate trade
5. Consistent with public poly
6. Must not be unreasonable

Un enrolled bill

Sign in immediately

Reason why an ordinance should not contravene a statute

1. Municipal governments are only agents of the national government

2. Limited power and authority to make laws

Socorro vs Brickman Van WIlsem

Steps of Passing a bill PH

1. Preparation of the Bill

2. First Reading
3. Committee Consideration/Action
a. May introduce ammedments
b. Committee report
 i. Plenary Affairs Bureau

If there’s no ambiguity