1.

Doctrines
a. Casus Omissus -
i. “Cases of Omission”: A person, object or thing omitted from an
enumeration must be held to have been omitted intentionally.
ii. Can operate and apply only if and when the omission has been clearly
established. In the case People vs Manantan it was not applied, since the
omission was not clearly established.
b. Ejusdem Generis
i. “Of the same kind”: where a general word or phrase follows an
enumeration of particular and specific words of the same class or where
the latter follow the former, the general word or phrase is to be construed
to include, or to be restricted to, persons, things or cases akin to,
resembling, or of the same kind or class as those specifically mentioned.
c. Inclusio Unius/Expressio Unius
i. “the expression of one thing is the exclusion of the other”: The expression
of one or more things of a class implies the exclusion of all not expressed,
even though all would have been implied had none been expressed;
opposite the doctrine of necessary implication
ii. legislature would not have made specified enumeration in a statute had
the intention been not to restrict its meaning and confine its terms to those
expressly mentioned
d. Dissimilum dissimilis est ratio
i. “of dissimilars the rule is dissimilar”: The courts may distinguish when
there are facts and circumstances showing that the legislature intended a
distinction or qualification.
ii. Example: SK Chairman vs member of katipunan ng kabataan
e. Noscitur a sociis
i. “Immediate context rule”: where a particular word or phrase is ambiguous
in itself or equally susceptible of various meanings, its correct
construction may be made clear and specific by considering the company
of words in which it is found or with which it is associated.
ii. “Gambling & other prohibited games of chance.” Gambling construed as
“Illegal gambling” only
iii. “in case of defamation, fraud, & physical injuries...” Physical injuries not
construed as the one defined in the Revised Penal Code.
f. Reddendo singular singulis
i. “by referring each to each”: Referring each to each
ii. Referring each phrase or expression to its appropriate object, or let each
be put in its proper place, that is, the word should be taken distributively.
iii. Held: teachers pupils and students; heads of establishments of arts and
trades to apprentices.
iv. Held: the word “promulgation” should be construed as referring to
“judgment”, while“notice” should be construed as referring to“order”
g. Ubi lex non distinguit
 i. “where the law does not distinguish, the courts should not distinguish”
ii. General words or phrases in a statute should ordinarily be accorded their
natural and general significance
iii. where the law does not make any exception, courts may not except
something therefrom, unless there a compelling reason to justify it.
iv. Not having distinguished between filter and non-filter cigars, court should
not distinguish.

2. Interpretation of Words and Phrases

a. General and Special Terms
b. Mandatory and Directory Words
i. Mandatory - shall, must, ought
ii. Directory - may, can
c. Conjunctive and Disjunctive Words
i. Or, and, and/or
ii. Or may mean And but And cannot mean Or
d. Doctrine of Necessary Implications
e. Doctrine of Last Antecedent
f. Verbal or Clerical Errors
g. Number, gender and tense
i. Gender: masculine pronouns/ gendered words also refer to female but not
other way around
ii. When the context of a statute so indicates, words in plural include the
singular, and vice versa.
h. Provisos, exceptions and saving clauses
i. Strictly construed
ii. Extends only to their language
iii. limit or restrict the general language or operation of the statute, not to
enlarge it.
3. Strict or Liberal Interpretations
a. Criminal statutes
i. Strictly against state, in favor of accused
b. Tax statutes
i. strictly general, In favor to taxpayer
ii. If exemption, in favor to state
c. Labor and social statutes
i. Liberally in favor of laborer
ii. Strictly against state
d. Political laws
i. Strictly against petitioner
e. Naturalization laws
i. Strict against applicant
f. Probation laws
i. Liberal to achieve objective (first time offenders)
 g. Rules of court
i. Liberal to promote justice, except jurisdiction
h. Expropriation laws
i. Strict against state
i. Administrative rules
i. Liberal, to resolve disputes expeditiously
4.
Amendment Revision/Codificatio Repeal
n

Original Statute Survives in its Continued, omitted Revoked, either

amended form parts are deemed total or partial as of
repealed date of effectivity of
repealing act

Effected Enactment of an Restatement of Enactment of

amendatory act existing laws into subsequent law
one statute

Construed Statute and Continuation of Total - completely

amendment read existing statues revoked
together as a whole Partial - Unaffected
part still in force
5.
6. Can laws be repealed by non-observance, disuse or custom to the contrary?

No. Article 7 (1) of the New Civil Code states “Laws are repealed only by subsequent
ones, and their violation or non-observance shall not be excused by disuse, or custom or
practice to the contrary.

7. What are the two well-settled categories of repeal by implication?

a. Provisions in the two acts on the same subject matter that are in
irreconcilable conflict. Later act to the extent of the conflict constitutes an
implied repeal of the earlier

(David vs COMELEC - The Court held that the term of office of barangay officials
shall be for 3 years as prescribed by RA 7160. Since RA 7160 is a newer law
than RA 6653, notwithstanding the fact that RA 7160 is a general law since the
particular provision on the term of office of barangay officials is a specific
provision which supersedes the provision in RA 6653.)

b. If the later act covers the whole subject of the earlier one and is clearly
intended as a statute, it will operate to repeal the earlier law.

8. How to construe ““All laws or parts thereof which are inconsistent with this Act are
hereby repealed or modified accordingly,”
 a. A clause, which predicates the intended repeal upon the condition that a
substantial conflict must be found on existing and prior acts of the same subject
matter.
b. Not express repealing clauses because it fails to identify or designate the act or
acts that are intended to be repealed.
c. The presence of such a general repealing clause in a later statute clearly
indicates the legislative intent to repeal all prior inconsistent laws on the subject
matter whether or not the prior law is a special law.

(Valdez vs Tuason - While repeals by implication are not favored, nevertheless

when there is a plain, unavoidable, and irreconcilable repugnancy between two
laws, the later expression of the Legislative will must be given effect.)

9. What is the effect of nullity of a repealing law?

SECTION 21. No Implied Revival of Repealed Law.—When a law which expressly

repeals a prior law is itself repealed, the law first repealed shall not be thereby revived
unless expressly so provided.
SECTION 22. Revival of Law Impliedly Repealed.—When a law which impliedly repeals
a prior law is itself repealed, the prior law shall thereby be revived, unless the repealing
law provides otherwise.
10. Can a general law repeal a special law by implication?

A later general law will ordinarily not repeal a prior special law on the same subject, as
the latter is generally regarded as an exception to the former.

11. What is the effect of repeal on jurisdiction?

General rule: where a court or tribunal has already acquired and is exercising jurisdiction
over a controversy, its jurisdiction to proceed to final determination of the cause is not
affected by the new legislation repealing the statute which originally conferre jurisidiction.

Neither the repeal nor the explanation of the law deprives the court or administrative
tribunal of the authority to act on the pending action and to finally decide it.

US vs Chua G.R. No. L-4504 -

In other words, that the enactment of new penal law, notwithstanding the fact that they
contain general repealing clauses, does not deprive the courts jurisdiction to try, convict,
and sentence persons charged with violations of the old law prior to the date when the
repealing law goes into effect, unless the new law wholly fails to penalize the acts which
constituted the offense defined and penalized in the repealed law.

12. What happens to vested rights?

 Repeal does not destroy vested rights.

The general rule on the prospective operation of statutes also applies to amendatory
acts.

Although a repealing statute is intended to be retroactive, it will not be so construed if it

will impair vested rights or the obligations of contracts, or unsettled matters that had
been legally done under the old law.

Repealing statutes which are penal in nature are generally applied retroactively if
favorable to the accused, unless the contrary appears or the accused is otherwise not
entitled to the benefits of the repealing act.

13. 3 Rules/Principles of Constitutional Construction

a. Verba Legis - means that wherever possible, the words used in the Constitution
must be given their ordinary meaning except where technical terms are
employed.
b. Ratio Legis Est Anima - The reason for the law is its spirit. Intent of the framers of
the constitution.
c. Ut Magis - no one provision of the Constitution is to be separated from all the
others, to be considered alone, but that all the provisions bearing upon a
particular subject are to be brought into view and to be so interpreted as to
effectuate the great purposes of the instrument. Sections bearing on a particular
subject should be considered and interpreted together as to effectuate the whole
purpose of the Constitution and one section is not to be allowed to defeat
another, if by any reasonable construction, the two can be made to stand
together.