UCV COLLEGE OF LAW

STATUTORY CONSTRUCTION SYLLABUS & COURSE OUTLINE

Code JD102 – SY 2022-2023, 1ST SEMESTER

ATTY. MARIA MILAGROS N. FERNAN-CAYOSA

Dean

Academic Calendar: Start of Classes – August 17, 2022

End of Classes – December 24, 2022

Class Schedule: Tuesdays, 5:45-7:45 p.m.

Course Description: A course that explores the use and force of statutes and the principles and
methods of their construction and interpretation. The course also includes a discussion on the
language of the law, and the interpretation and effectivity of laws as provided under the Civil
Code.

Academic Calendar: Start of Classes – August 17, 2022 Prelims: Sept. 27, 2022 (tentative)
End of Classes – January 7, 2023 Coverage: Aug. 17-Oct. 19
Exams Midterms: Oct. 21 , 2022
Coverage – Aug. 17-Oct. 19
Finals: Jan. 14, 2023 (tentative)
Coverage: Oct. 24, 2022-Jan. 7, 2023
Grading System: Finals
Midterms
Prelims
Class Standing
Digests and Assignments

REFERENCES & SOURCES

Suarez, Rolando A.. Statutory Construction (2015). Quezon City, Metro Manila: Rex Printing
Company, Inc.

Diaz, Noli. Statutory Construction (2022), Quezon City, Metro Manila: Central Book Supply, Inc.

COURSE OUTLINE

I. Law: Its Concept and Classification

A. Definition and Elements:
Law - in its broadest sense
-In strict legal sense
Elements
1. A Rule of Conduct
2. Just
3. Obligatory
4. Prescribed by Legitimate Authority
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 5. Ordained for the Common Benefit

Classification:
PUBLIC LAW --
1. Constitutional Law
2. Administrative Law
3. International Law

PRIVATE LAW
1. Substantive private law
2. Procedural or adjective private law

B. Sources of Law:
Branches of Government and their Functions
- Executive: execute and implement
Executive orders/presidential decree
Local legislation - ordinances
- Judiciary: interpret laws and settle actual controversies/court
decisions/precedent
- Legislative: enacts legislation/statutes

1. Legislation/Statutes
2. Custom
3. Court Decision
4. Precedent

C. Statutes
1901 to 1935 – Public Acts passed and approved by the Philippine Commission
1936-1946 – Commonwealth Acts
1942 to 1972 – Republic Acts
1972-1986 – Batas Pambansa passed by the Batasang Pambansa
1972-1986 – Presidential Decree issued by President Ferdinand E. Marcos during
martial law regime
1987-current – Republic Acts

Kinds of Statutes b. Temporary

1. As to Nature
a. Penal statutes
b. Remedial statutes 4. As to Scope
c. Substantive statutes a. General
d. Labor statutes b. Special
e. Tax statutes c. Local
2. As to Application 5. Other Classifications
a. Mandatory -Prospective or
b. Directory retroactive
3. As to Performance -A repealing act or an
a. Permanent amendatory act

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 -Reference statute or a
declaratory statute

D. Creation of Statutes
1. How does a Bill become a Law?
2. Constitutional Limitations or Prohibitions in the enactment of a statute
Cases: Alalayan vs. National Power Corp. (1968)
Remman Enterprises Inc and Chamber of Real Estate Builders’ Assoc.
Vs. Prof Reg. Board of Real Estate Service and PRC (G.R. No. 197676
Feb. 4, 2014)
3. Reason for “three readings” and “no amendment.”
4. Parts of a Statute
5. Vague Statutes
6. Ordinances
a. Test of a valid ordinance
b. Reason why an ordinance should not contravene a statute
7. Effectivity of Laws, Presidential Issuances and Ordinances
a. Laws – 15 days from completion of their publication in the Official Gazette
or in a newspaper of general publication ; or as provided in the law
b. Presidential Issuances – 15 days following completion of publication
c. Ordinances – after a lapse of 10 days from date a copy is posted in a
bulletin board in conspicuous places: provincial, city, municipal or
barangay hall, at a public market, and/or church or chapel.

E. Validity and Constitutionality of Statutes

1. Constitutional Test in the Passage of a Bill
2. Judicial Inquiry
a. Actual case or controversy
b. Question of constitutionality raised by the proper party
c. Constitutional question must be raised at the earliest possible opportunity
d. The decision of the constitutional question must be necessary to the
determination of the case itself
3. Effect of Unconstitutionality
a. Totally Unconstitutional
b. Partially Unconstitutional
4. Extent of Judicial Power to Declare Unconstitutionality of Assailed Legislative
and Executive Acts
5. Requisites for Declaration of Partial Unconstitutionality

II. Overview of Statutory Construction

A. Definition of Statutory Construction

B. Application vs. Interpretation vs. Construction

1. What is the purpose of Interpretation and Construction?
2. Distinguish the rule on when application, interpretation and construction will be
applied?
3. When is it no necessary to Interpret and construct?
4. What is ambiguity?
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 C. Aids in Interpretation and Construction
Use intrinsic aids before resorting to extrinsic aids

III. Rules of Construction of Specific Statutes

1. Penal Statutes
2. Remedial Statutes
3. Substantive Statutes
4. Labor Statutes
5. Tax Statutes
6. Mandatory Statutes
7. Directory Statutes
8. Permanent Statutes
9. Temporary Statutes
10. General Statutes
11. Prospective
12. Retroactive

IV. General Principles in the Interpretation of Statutes

A. Use of Intrinsic Aids before Extrinsic Aids
o What are intrinsic Aids?
1. Title
2. Preamble
3. Words, Phrases and Sentences, Context.
4. Punctuation
5. Headings and Marginal Notes
6. Legislative Definition and Interpretation
(a) If a law provides that in case of doubt, it should be construed or
interpreted in a certain manner, the courts should follow such
instruction.
(b) In case of conflict between the interpretation clauses and the
legislative meaning, as revealed by the statute considered in its
totality, the latter shall prevail.
(c) A term is used throughout the statute in the same sense in which it
is first defined.
(d) Legislative definition of similar terms in other statute may be
resorted to except where a particular law expressly declares that its
definition therein is limited in application to the statues in which
they appear.
o What are Extrinsic Aids – Facts or matters not found in the law
1. Contemporaneous Circumstances
2. Policy
3. Legislative History of the Statute
4. Contemporaneous and Practical Construction
5. Executive Construction
6. Legislative Construction
7. Judicial Construction
8. Construction by the Bar and Legal Commentators
B. Statutes must be read and construed as a whole

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 C. Legislative Intent must be ascertained from the Statute as a Whole
D. Courts have the duty to reconcile or harmonize the different provisions of the
statute including the conflicting provisions thereof
E. As a Rule, the Statute of later date prevails
F. Generalia Specialibus Non Derogant – Special provisions prevail over the general;
however, if it is possible to harmonize the general and special provisions, said rule
shall not apply.
G. Special law prevails over a General Law
Exceptions: (1) The general law prevails over the special law when it treats the
subject in particular and the special law refers to it in general.
(2) The general law prevails over the special law when the legislature intended the
general enactment to cover the whole subject and to repeal all prior law
inconsistent therewith
H. Pari Materia Rule – all statutes relating to the same subject or having the same
general purpose, should be read and construed together as if they constituted one
law. They shall then be construed and harmonized with the existing law.
I. In Interpreting Reenacted Statutes, the Court will follow the Construction which such
statute received when previously in force.
J. In the case of Adopted Statute, the interpretation of the courts of the state from
which it is adopted should be considered.
K. In case of conflict between a common law principle and statutory provision, the
latter prevails.
L. Implied Repeals are not legally presumed in the absence of a clear and unmistakable
showing of such intentions
CASES
1. C. Remman Enterprises, Inc. and Chamber of Real Estate Builders’
Association vs. Professional Regulatory Board of Real Estate Service and Professional
Regulation Commission (G.R. No. 197676, February 4, 2014)
2. Socorro Ramirez CA, Ester S. Garcia (G.R. No. 93833, September 25, 1995)
3. Mary Elizabeth Ty-Delgado vs. HRET and Philip Arreza Pichay (G.R. No.
219603, January 26, 2016)
4. In re: IBP Membership Dues Delinquency of Atty. Marcial A. Edillon (AM
1928, August 3, 1978
5. Pimentel, et al. vs. LEB, Aquende (G.R. No. 230642, November 9, 2021)

M. Spirit and Purpose of the Law – Courts have the power to declare that a case which
falls within the letter of a statute is not governed by the statute, because it is not
within the spirit and reason of the law and the plain intention of the legislature.
N. Between two statutory interpretations, that which better serves the purpose of the
law should prevail.
O. When the reason of the law ceases, the law itself ceases.
P. Casus Omissus – When a statute makes specific provisions in regard to several
enumerated cases or objects, but omits to make any provision for a case or object
which is analogous to those enumerated, or which stands upon the same reason, and
is therefore within the general scope of the statute, and it appears that such case or
object was omitted by inadvertence or because it was overlooked or unforeseen.
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 The rule of “casus omissus pro omisso habendus est” can operate and apply only if and
when the omission has been clearly established.
Q. Stare Decisis – When the court has once laid down a principle of law as applicable to a
certain state of facts, it will adhere to that principle, and apply it to all future cases,
where facts are substantially the same, regardless of whether the parties and property
are the same.
CASES
6. Globe Mackay Cable vs. NLRC and Imelda Salazar (G.R. No. 82511, March 3, 1992)
7. Felicito Basbacio vs. Office of the DOJ Sec. (G.R. No. 109445, November 7, 1994)
8. Manuel T. de Guia vs. COMELEC (G.R. No. 104712, May 6, 1992)
9. Elena Salenillas, et al. Vs. Hon. CA (G.R. No. 78687, January 31, 1989)
10. Lydia O. Chua vs. Civil Service Commission, NIA (G.R. No. 88979, February 7, 1992)
11. People vs. Guillermo Manantan (G.R. No. L-14129, July 31, 1962)
12. Rommel C. Arnado vs. COMELEC and Florante Capital (G.R. No. 210164, August 18,
2015)

V. Construction and Interpretation of Words and Phrases

A. When the Law Does not Distinguish, Courts should not Distinguish
B. If the law makes no distinction, neither should the Court.
C. Exceptions to the Statute - When the law does not make any exception, courts may
not except something unless compelling reasons exist to justify it.
D. General and Special Terms – General terms may be restricted by specific words, with
the result that the general language will be limited by specific language which
indicates the statute’s object and purpose. The rule is applicable only to cases
wherein, except for one general term, all the items in an enumeration belong to or fall
under one specific class. Ejusdem Generis

For December 6, 2022

13. Republic of the Philippines vs. Daisy R. Yahon (G.R. No. 201043, June 16, 2014)
14. People of the Philippines vs. Hon. Judge Antonio Evangelista (G.R. No. 110898,
February 20, 1996)
15. Alta Vista Golf and Country Club vs. City of Cebu, et al. (G.R. No. 180235, January 20,
2016)
16. Manolo P. Fule vs. CA (G.R. No. L-79094, June 22, 1988)
17. Loyola Grand Villas Homeowners (South) Assoc., Inc. vs. CA (G.R. No. 117188, August
7, 1997
18. Philippine National Bank vs. CA (GR. No. 98382, May 17, 1993)
19. ALU-TUCP vs. NLRC, National Steel Corporation (G.R No. 109902, August 2, 1994)
20. Civil Service Commission vs. Roselle C. Annang (G.R. No. 225895. September 28, 2022 )

E. Express Mention and Implied Exclusion – Expressio Unius est Exclusio Alterius
F. Where a particular word is equally susceptible of various meanings, its correct
construction may be made specific by considering the company of terms in which it is
found or with which it is associated.
G. Use of Negative Words – Negative words and phrases regarded as mandatory while
those in the affirmative are mere directory.
H. Use of “may” in the statute generally connotes a permissible thing while the word
“shall” is imperative.
I. The use of the word “may” clearly shows it is directory in nature and not mandatory.

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 J. The word “must” in a statute like “shall” is not always imperative and may be
consistent with an exercise of discretion.
K. “And” means conjunction connecting words and phrases expressing the idea that the
latter is to be added or taken along with the first.
L. The word “only” means exclusive.
M. A “week” means a period of seven consecutive days without regard to the day of the
week on which it begins.
N. Proviso is a clause or part of a clause in the statute, the office of which is either to
except something from the enacting clause, or to qualify or restrain its generality, or
to exclude some possible ground of misinterpretation of its extent. (“Provided” is the
word used in introducing a proviso.)

For December 13, 2022

21. Mun. of Nueva Era, et al. Vs. Mun. of Marcos, CA (G.R. No. 169435, Feb. 27, 2008)
22. Dra. B. Buenaseda, vs. Sec. Juan Flavier (G.R. No. 106719, September 21, 1993)
23. Roos Industrial Construction vs. NLRC (G.R. No. 172409, Feb. 4, 2008)

VI. Presumptions in Aid of Construction and Interpretation – December 13 & 20, 2022
A. Presumptions in General
B. Presumptions Against Constitutionality
C. Presumptions Against Injustice
D. Presumption Against Implied Repeals
E. Repeal of Statute by Implication – Not Favored
F. Presumption Against Ineffectiveness
G. Presumption Against Absurdity
H. Presumption Against Violation of International Law

For December 13, 2022

24. Jovencio Lim, et al. Vs. People (G.R. No. 149276, September 27, 2002)
25. Aleli Almdovar vs. Chairperson Pulido Tan, COA (G.R. No. 213330, November 16, 2015)
26. Antonio A. Mecano vs. COA (G.R. No. 103982, December 11, 1992)
27. Cesario Ursua vs. CA (G.R. No. 11217-, April 10, 1996)
28. Florencio Eugenio vs. Exec. Sec. Drilon (G.R. No. 109404, January 22, 1996)
29. People vs. Walpan Ladjaalam, (G.R. No. 136149-51, September 19, 2000)
30. CIR vs. La Tondena Distillers, Inc. (G.R. No. 175188, July 15, 2015)
31. Misamis Oriental Assoc. of Coco Traders vs. Dept. of Finance (G.R. no. 108524,
November 10, 1994)
32. Ong Chia vs. Republic (G.R. No. 127240, March 27, 2000)
33. GSIS vs. Marian T. Vicencio (G.R. No. 176832, May 21, 2009)
34. Tantuico vs. Domingo, G.R. No. 96422, Feb. 28, 1994)
35. DSM Construction and Development Corp. vs. CA (G.R. No. 166993, Dec. 19, 2005)

VII. Latin Maxims and Their Importance – December 20, 2022

A. Principle: Laws Should be Prospective Not Retroactive

B. Principle: When the Law is Clear, What the Courts should do is to apply it, not to
interpret it
C. Principle: It is not the Letter of the Law that Killeth, it is the Spirit of the Law that
Giveth Life
D. Principle: What is Not Included in those enumerated are deemed excluded

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E. Principle: Special Provisions Prevail Over General Provisions
F. Principle: While the Law May be Hard, It is the Law that Will Be Followed
G. Principle: Without Intent, there can be no crime
H. Principle: Ignorance of the Law Excuses No one but Ignorance of Fact may be an
Excuse
I. Principle: When the Law does not distinguish, we should not distinguish
Latin Maxims and Phrases Related to the Subject of Statutory Construction
A. Mens Legislatores
B. Reddendo Singula Singulis

For December 20, 2022