PRELIMINARY CONSIDERATIONS Statutory Construction ~ Defined as the ator process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case \where that intention is rendered doubsful among others, by reason of the fact that the given case i not explicitly provided for inthe law (Caltex ve, Palomar) + Art of seeking the intention ofthe legislature in enacting a statuts and applying itto a given set of facts (Justice Martin) ~ Branch ofthe law dealing with the interpretation of laws enacted by a legislature (American jurisprudence) Construction vs. Interpretation Drawing of conclusions | Process of discovering the with respect to the subjects | true meaning of the beyond the cirect | language used expression of the text fom the element known end civen in the text Ascertain the meaning of the law beyond the language of the statute through the assistance of extrinsic aids Ascertain the meening of the law through a word found in the statute and limited only to exploring the writen text tus of Construction and Interpretation The purpose of construction and interpretation of statute is to ascertain and give effect to the legislative intent. In our system of government, we observe the principle of separation of powers and the system of checks and balances where the legislative power is vested in the Congress, the executive power to the President ofthe Philipines, and the judicial power to one Supreme Court and in such lower courts. Thus, the situs cf construction end interretaton is vested in the judicial department Requisites in Construing and interpreting a Law 1, Actual controversy = A case brought to the court by party litigants to hear end sete their disputes 2. Ambiguity in the law ~The law invohed is susceptible of two or more interpretations + Ambiguity Doubtfuiness: doubleness of meaning duplicity indistinctveness; or uncertainty of meening + Patent ambiguity ~ appears on the face of the instrument and arises from the defective, vague, obscure, or insensible language used * Duty of the courtis to apply the law. When the law is clear and unequivocal, the Court has no other ©GEMMA F. TIAMA, 201311 STATUTORY CONSTRUCTION REVIEWER (Atty. Noli C. Dizz) alternative but to apply the law and not to interpret (Verbal egis - plain meaning rua) Stated cifferenty, the Court cannot shy away from apelying the law when no interpretation is need no matter how harsh the law may be or how grave the penalty the law imposes (Dura lex sed lex — the law may be harsh butitis the law). [Article 9, NCC; People vs. Amigo] ant Kinds of Construction and Interpretation Hermaneutics — science or art of construction and interpretation; legal hermeneutics ~ systematic body of rules which are recognized a5 applicable to the ‘construction and interpretation of legal writings Dr. Lieber's: (PECELF) 1. Predestined interpretation - biased personal interpretation includes arttul_interpretation preconceived by his views and desires 2. Extensive interpretation - liberal interpretation: ‘more comprehensive signification of words 3. Close interpretation ~ literal interpretation; words in their narrowest meaning 4, Extravagant interpretation ~ substitutes a meaning evidently beyond the tus one; not a genuine interpretation 5. Limited or restricted interpretation ~ influence by ‘ther principles than the strictly hermeneutic ones 6. Free or unrestricted interpretation - rely on general principles of interpretation in good faith not by any specific or superior principle + Laws are more often interpreted either literally, sticty or fiberally, and prospectively or retrospectively STATUTES Bill - draft of @ proposed law from the time of its introduction in a legislative body: term used before it is ‘enacted into law Statute - written will of the legislature solemnly ‘expressed according to the form necessary to constitute it as the aw ofthe state Statute law ~ statute + judicial interpretation How a Bill Becomes a Law (page4) Constitutional Test in the Passage of a Bill 1. Every bil passed by Congress shall embrace only ‘one subject which shall be expressed in the tite thereof (Article VI Section 26f1], PGC). The purpose is to prevent hodge-podge or log-oling legislation, prevent surprise or fraud upon the legislature, and to fairly apprise the people 2. “Three Reading” end "No Amendment” rules. No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final forrn have been cistibuted to each membsr three days before its passage (Article VI, Section 26[2], PGC). This is to prevent hasty and improvident legislation and afford the legislators tims to study and deliberate the measures. 3. President's approval and veto power.Every bil passed by the Congress shal, before it becomes a law, be presented to the President (Article VI, Section 27], PGO) [Explain Checks and Balance] Darts of Statute TPEB>eRSSE) Title - heading: summary of contents 2 Preamble: nals uhereoe 3. Enacting Clause ~ states that it hes gone through due process; "be it enacted” Body ~ main & operative part: provisos & exceptions Repealing Clause - repeal Saving Clause ~ save rights, etc Separability Clause ~ remaining provisions shall still bein fore Effectivty Clause ~ effective dats ofthe law ins of Stat General - community at large Special - particular purpose; limited in range; confined toa prescribed field Local= particular locality Public ~ general classification of aw Private — relationship among individuals, associations, andlor corporations Remedial - means and method (Rules of Court) Curative - correct errors and iregularties (retrospective legislation) 8. Penal - defines criminal offenses (and punishments) 9. Prospective — applicable ony after its enactment 10. Retrospective ~ contemplates the past 41. Affirmative - what shall be done 12. Mandatory ~ statutes which require and not merely permit, opposite of prohibitry laws 13. Directory — observance of which is not necessary to the validity of the proceedings Rae Judicial Doctrt Judicial interpretation of a statute, which constitutes part of the law as of the date it was originally passed since the Court's construction, merely establishes the contemporaneous legislative intent Concept of Vague Statutes Itis said to be vague when it lacks comprehensible standards that _men “of common inteligence must necessarily guess at its meaning and differ as to its application.” It is repugnant to the Constitution in two respects: (1) it violates dus process for failure to accord persons, especially the partes targeted by it, fair notice ff the conduct to avoid; and (2) it leaves the law enforcers. unbridled ciscreton in carrying cut its provisions and becomes an arbitrary flexing of the Government muscle. Act must be utterly vague on its face and cannot be clarifled by either saving clause or by construction. The vagueness doctrine merely requires a reasonable degree of certainty for the statute to be uoheld not an absolute precision Repeals of Statutes 1. Express - declaration of the law being repealed necessary 2. Implied (1) contrary to an earfier law and (2) only one ofthe two statutes must stand to be operative Two categories of implied repeal: ©GEMMA F. TIAMA, 201312 STATUTORY CONSTRUCTION REVIEWER (Atty. Noli C. Dizz) a. Imeconcilable confict ~ two statutes on the same matter b Substitute ~ later statute covers the whole subject of an earlier statute Ordinance Ordinance is an act passed by the local legislative body in the exercise ofits law-making authority, 3 ofa Valid Ordinance (CLP:6) Not contravene the Constitution or any statute Notbe unfair or oppressive Not be unreasonable Not be partial or discriminatory Not prohibit but may reguiats trade General and consistent with public policy % Ordinancs should not contravene any statutss because Municipal governments are only agents of the national government. Thus, local councts exercise only delegate legislative powers conferred on them by Congress as the netonal law making body. Where a foreign law is not pleaded, or even if pleaded, is not proved, the presumption is that foreign laws the same as ours. BASIC GUIDELINES IN THE CONSTRUCTION AND INTERPRETATION OF LAWS: Legislative Intent - objective footprints left onthe trail of legislative enactment lavis are product of experience: hat history the laws constitute 1. Verba legis = Plain meaning rule ~ Verbal egis non est recedendum — from the words of the statute there shall be no departure + State must be interpreted literally 2. Statute as awhole + Statute must be considered as a whole, just as it is necessary to consider a sentence in its entirety in order to grasp its true meaning + Thoughts convayed by the statute in its entirety may reveal the inaccurate use of words, + Utres magis valeat quam pereat - the thing may rather have effect than be destroyed 3. Spirit and purpose of the law + Ratio est anima - the reason of the law sits soul + No law is ever enacted that is intended to be meaningless, much less inutile ~ Between two statutory interpretations, that which better serves the purpose ofthe law should prevail - Ubi_lex_non_distinquit_nee_nos_distinquere debemos = where the law does not cistinguish, we ‘ought notte distinguish + Cessante ratione legis, cessat ipsa lex ~ when the reason of the aw ceases, the law itself ceases 4. Implications + Ifthe intent is expressed, there is nothing that can be applied. + Exoression unius est exclusion alterius mention is implied exclusion express~ Casus omissus pro omisso habendus est - a case Committed isto be held as intentionally omitted ~ Ex necessitate legis ~ from the necessity of law - [neo plus sit, sunperinest et minus ~ the greater included the lesser 5. Stare decisis + Stare decisis et non quieta movere ~ to stand by decisions and do not disturb the undisturbed + Adherence to judicial precedents ~ When the court has once laid down a principle of law as applicable to a certain state of fect, it wll adhere to that principle, and apply toi to all future cases, where facts are substantially the same. + Matters already decided on the merits cannot be relitigated again and again IV. CONSTRUCTION AND INTERPRETATION OF WORDS AND PHRASES: 1. When the law does not distinguish, courts should not. + Ubi_lex_non distinguit nec nos _distinguere debemos ~ General words and phrases in a statute should not ordinarily be accorded their natural and general significance 2. General and Special Terms + General tetms ~ general construction Special terms ~restiained and limited 3. General terms following special terms ~ Ejusdem generis - ofthe same kind - Where general words follow an enumeration of persons or things, by words or a particular and specie meaning, such general words are not to be construed in their widest extent but only to those specifcally mentioned. + Case cited: People vs. Echaves, Vera vs. Cuevas 4, Express mention and implied exclusion ~ Expression unius est exclusion aterius + Useful only as a guide in determining the probable intention ofthe legislature + Where a statute aopears on its face to limit the operation ofits provisions to particuler persons or things by enumerating them, but no reason exists thy other persons or things not so enumerated should not have been included, and manifest injustice will follow by not so including ther, the maxim expression uniue est exclusion alterius should not be invoked. 5. Associated words + Noscitur a socis - one is known by his companion ~ Associated words explain and limit each other + Redendo singular singulls ~ refering each to each + Ootima statute inferpretatx est insum statutum — the best interpreter of the statute isthe statute itself 6. Use of negative words + Negative words ~ mandatory Affirmative - directory 7. May, shall, must, ought - ‘may’ — permissible; directory not mandatory ‘may not’ ~mandatory; ‘may’ becomes prohibitory shall’, “must, “ought” ~ imperative: not always imperative and may be consistent with an exercise of discretion 8, The use of the terms “and” and “or” ©GEMMA F. TIAMA, 201313 STATUTORY CONSTRUCTION REVIEWER (Atty. Noli C. Dizz) ~ “and! — conjunction; addition “or” — disjunctive particle; altemativelchoice between different or unlike tings ‘andlor’ - ‘and’ and ‘of’ are to be used interchangeable 9. Only exclusive 410. Week - period of seven consecutive days without regard tothe day of the week on which it begins 11, Proviso ~ “provided”. clause or part of a clause in the statute, the office of which s ether: ‘a. to-except something from the enacting clause; b. to qualify or restrain its generaity: or © to exclude some possible ground of. imsinterpretation ofits extent PRESUMPTIONS IN AID OF CONSTRUCTION AND INTERPRETATION Presumption against unconstitutionality Presumption against injustice Presumption against implied repeals Repeals of statute by implication not favored Presumption against ineffectiveness. Presumption against absurdity Presumption against violation of international law INTRINSIC AIDS IN CONSTRUCTION AND INTERPRETATION Intrinsic Aids — intemal or within; aids within the statute 1. Title 2. Text of the statute 3. PreambleHowa ‘A member of the National Assembly may introduce a Becomes a Law the proposed bill the Secretary of the National Assembly who shall calendar the same for is frst reading. Of course, the proponent must affix his signature inthe proposed bill stating his purpose. In the fst reading, the bil is read by its number end title only After the first reading, the bill is referred by the Speaker to the appropriate committee for study. At this stage, the appropriate committee will conduct public hearings. It must call ll the necessary parties, person, organizations, or sectors of societies, involved to obtain their reactions and feslings on the proposed bil After the public hearing, the committee shall decide whether or not to report the bill favorably or whether a substitute bill should be considered NOTE: Should there be unfavorable report from the comites, the bill is dead. Upon favorable action by the eppropriate committee, the bill is returned to the National Assembly and shall be calendared for the second reading Inthe second reading, the bill is read in its entirety. Immediately after the second reading, the bil is set for open debates and members of the National Assembly may propose emendments and insertions to the proposed bil NOTE: After the amendments and insertions to the progosed bil, the ideal bil as conceived by the author may no longer be an ideal bill or vice versa, ie. it may become a better bill ater deliberations and debates which should be the proper case. After the approval of the bill in its second reading and at least three (3) calendar days before its final passage, the bil sprinted in ts final form and copies thereof distributed to each of the members of the National Assembly unless the Prime Minister (President under the present system) certifies in witing as to the necessity of the immediate enactment of the bill to meet a public calamity or emergency (Art VI, Section 26[2), 1987 PGC) The bil is then celendared for the third and final reading. At this stage, no amendment shall be allowed. Only the ttle of the Bill is read and the National Assembly will then vote on the bill The yeas or nays are entered in the journal, It appears that only majority of the members present constituting a quorum is sufficient to pas a bil ©GEMMA F. TIAMA, 201314 STATUTORY CONSTRUCTION REVIEWER (Atty. Noli C. Dizz) NOTE: Quorum is suficent number of members of National Assembly or Congress to transact its daily business. Usually, itis 51% of the number of the body ‘or 50% plus one depending on their intemal rules. Ifthe "NO Vote” wins, the proposed billis dead, At this stage lies the difference between parliamentary system enshrined in the 1973 Constitution and the present 1967 Constitution Under our present set-up, if two-thirds of all the members of a House decided to pass the bil, it shall be sent, together with the objactons to the other house where it will undergo the same process, meaning another (3) readings on separate days Moreover, if there is @ variance between the proposed bill of the HOR and the Senate version of the bil, it may pass through the powerful bicameral conference committee, which can introduce ‘amendments to suit both house of Congress. This is also known as the compromise bill NOTE: At this stage, the orginal bill conceived by the original author may no longer be his proposed bil After the bill has been finally passed, it will be submitted to the Prime Minister (President) for his approval. fhe approves the seme, he shall sign it, otherwise, he shall veto it and return the seme with fis objections to the National Assembly (House \where it originated) and, if epproved by two-thirds of allits members, shall become a aw. Under the present setup, the house where the bill originated can proceed to reconsider the vetoed bil After such reconsideration, if two-thirds of all the members of such house shall agree to pass the bil it shall be sent, together with the objections, to the other house by which it shall likewise be reconsidered, and if itis approved by two-thirds ofall the members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yees end nays and the names of the ‘members voting for or against shall be entered in ts joumal. Every bill passed by Congress shall be acted upon by the President within 20 days from recsipt thereof, Othemnise, it shall become a law as if he had signed it. In other words, there can be no presidental inaction or pocket veto under our Constitution