I. Chapter 1 i.

Administrative officer
a. Separation of Powers ii. Secretary of justice
i. Legislative – make, enact, amend, iii. EO exercising quasi-judicial power
revise, repeal d. Judicial interpretation
ii. Executive – execute i. Stare decisis
iii. Judicial – apply, power to construe ii. Obiter dictum
b. Procedure for passage of bill IV. Chapter 4 – Adherence to, or departure
i. Specific bills originating from, language of Statute
ii. 3 readings a. Literal interpretation
iii. Vetoing power of the president i. Verbal egis
c. Enrolled bill ii. Index animi sermo
d. Rules iii. Verbal egis non est recendendum
i. Rules of court – rule-making power iv. Dura lex sed lex
ii. Substantive rules – affects/takes away v. Absoluta sentential expositore non
vested right; right to appeal indigent
iii. Procedural – implementing existing vi. Hoc quidem perquam durum est, sed
right ital ex scripta est
iv. IRR – admin/EO, must be within b. Departure from literal interpretation
standards of the law, delegated i. Spirit of the law
legislative power ii. Literal import must yield to intent
e. LGU ordinances iii. Cessante ratione legis, cessat et ipsa
f. 4 Requisites for judicial power (Consti) lex
g. Effect and operation iv. Supplying legislative omission
i. Generally – 15 days v. Correcting clerical errors
ii. Presidential issuances – filed within 3 vi. Construction to avoid:
months 1. Absurdity
iii. Local ordinances – 10 days after 2. Injustice
posting 3. Danger to public interest
II. Chapter 2 4. – in favor of right and justice
a. Construction 5. Surplusage
i. Art or process of discovering and 6. Obscure word/description
expounding the meaning and c. Implications
intention of the authors of the law, i. Doctrine of necessary implication
where that intention rendered ii. Remedy implied from a right
doubtful by reason of ambiguity iii. Grants
ii. Drawing of warranted conclusions 1. Jurisdiction
beyond direct expression of the text 2. Incidental power
but within the spirit iv. Authority to charge against public
b. Interpretation funds
c. Legislative intent v. Void acts
d. Limitations on power to construe vi. What cannot be done directly cannot
i. May not supply what is not there – be done indirectly
judicial legislation vii. No penalty for compliance with the
ii. May not enlarge law
iii. But only merely interpret or construe V. Chapter 5 – Interpretation of words and
III. Chapter 3 – Aids to construction phrases
a. Intrinsic – within the statute itself a. In general - ordinary, generic, restricted,
b. Extrinsic – legislative history technical, legal, commercial or trading
c. Contemporary construction – strongest; b. Definitions
knowledgeable of the intent and purpose i. Statutory definition
 ii. Ordinary sense, in absence of
legislative intent
1. General words construed
generally
2. Generic term includes things
that arise thereafter
iii. Commercial or trade
iv. Technical or legal meaning
v. Identical terms
vi. Qualified by purpose
vii. Meaning dictated by context
viii. Where the law does not distinguish
c. Associated words
i. Noscitur a sociis – group of words
ii. Ejusdem generis – enumeration
iii. Expressio unius est exclusion alterius
– express mention of one, implied
exclusion of others (rights)
iv. Casus omissus – omitted intentionally
v. Last antecedent – immediately
associated
1. Ad proximum antecedens fiat
relation nisi impediatur
sententia
d. Provisos – limit, except, qualify, restrain,
exclude
e. Exception – absolute exemption
f. Saving clause – save something which would
otherwise be lost
VI. Chapter 6 – Statute construed as a whole
and in relation to other statutes
a. Statute construed as a whole
i. Optima statute interpreatio est ipsum
statutum – statute is the best
interpreter of itself
1. Reconciling and harmonizing
conflicting provisions
2. One part is as important as
the other
ii. Special and general provisions
1. Special would prevail
2. Special operative only to
those it applies to
3. Interpretatio fienda est et res
magis valeat quam pereat –
avoid construction that will
render the provision
inoperative
4. Construction to avoid
surplusage – all parts should
be given effect and meaning
iii. Statute and its amendments construed
together
b. Statute construed in relation to other statutes
i. In harmony with the Constitution
ii. Pari matria – same person/thing,
purpose, specific subject matter
1. Harmonize with prior and
related laws
2. If not possible, later law
should be given effect
3. Special and general statutes -
Special shall prevail unless
expressly repealed
iii. Reference statutes
iv. Supplemental statutes – supply
deficiencies in existing
v. Reenacted statutes – adoption of
contemporaneous construction
vi. Adopted statutes – courts to consider
how foreign country construe the law
and its practices
VII. Chapter 7 – Strict or liberal construction
a. Generally, according to nature, purpose,
mischief
b. Strict construction – close and conservative
adherence to the literal or textual
interpretation
i. Penal statutes – against the State, in
favor of the accused
ii. Derogation of rights –
1. Authorizing expropriation –
in favor of property owner
2. Grounds for removal of
officials – against the power
of suspension or removal;
penal in nature
3. Suits against government –
state may not be sued without
its consent – waiver (or
expressed consent) through a
statute
iii. Granting privileges – in accord with
will of grantor
iv. Grant to LGUs – in favor of national
gov, against political subdivisions;
Natl gov as grantor
 v. Naturalization laws – against
applicant; naturalization as statutory,
not natural right
vi. Tax and customs – against the gov, in
favor of taxpayer
vii. Granting tax exemptions –tax as
lifeblood of the nation; minimize
different treatment
1. Citizens – against taxpayer
2. Government/agencies – in
favor of non-tax liability
viii. Sovereign – burdens on public
treasury & diminish rights
ix. Prescribing formalities of a will –
strictly construed accdg to statutory
requirements
c. Liberal construction – enlarge the letter of the
statute to accomplish intended purpose, carry
out justice – only when strict con will defeat
the purpose of the law
i. Principles
1. To promote social justice –
principle of public policy
2. Consideration of general
welfare or in light of growth
of civilization
ii. Labor laws – in favor of
workingmen/labor
iii. LGU laws
1. General walfare – in favor
with powers of LGU
2. Grant of power – expressly
granted
3. Tax power – in favor of
LGU, against Nat’l gov
(based on Art X, Sec 5 Const)
iv. Prescriptive period for collection of
taxes – protection to taxpayers from
unscrupulous tax agents
v. Penalties for non-payments – in favor
of government
vi. Election laws – liberally construed to
achieve purpose
1. Conduct of election officials
a. Before – mandatory
b. After – directory
2. Candidates required to
perform – mandatory
3. Procedural rules to determine
winner – LC in favor of
winner
vii. Amnesty proclamations – in favor of
the (purpose) accused
viii. Prescription of crimes – in favor of
the accused
ix. Adoption statutes – in favor of the
child
x. Veteran and pension laws – in favor
of grantee (veteran)
VIII. Chapter 8 – Mandatory and Directory
Statutes
a. Mandatory – obedience otherwise void
i. Description
1. Based on protection of
substantial rights
2. Consequence: act is void,
injury to substantial right
3. No alternative choice
ii. Statutes
1. Conferring power
2. Granting benefits
3. Jurisdictional requirements
4. Time to take action/appeal
5. Election laws *see ch7
6. Public auction sale
b. Directory – discretionary; no injury from
ignoring
i. Description
1. Compliance for convenience
2. Methodical, systematic,
proper, orderly
3. May achieve purpose with
other means
ii. Statutes
1. Manner of judicial action
2. Rendition of decision within
prescribed period
c. Test to determine – legislative intent and
nature of statute
IX. Chapter 9 – Prospective and Retroactive
Statutes
a. Prospective – operates upon facts that occur
after the statute takes effect
i. Administrative rulings and circulars
ii. Judicial decisions
iii. Prospective statutes, generally
1. Penal laws – prosp unless
favorable to the accused
 2. Substantive law – rights
which one enjoy under the
legal system prior to the
disturbance of normal
relations
3. Statutes affecting obligations
of contract
4. Repealing and amendatory
acts
b. Retroactive – creates new obligation, imposes
a new duty or attaches a new disability in
respect to a transaction already past
i. Procedural laws – as long as not
violative of any right adversely
affected
1. Prescription
a. Prospective – actions
to be filed
b. Retro – causes
accrued but not yet
filed
ii. Curative statutes – gives validity to
invalid acts on previous laws
iii. Police power – legitimate exercise of
power
iv. Appeal – other than that from Const,
may be taken away because it is only
a statutory right
X. Chapter 10 – Amendment, Revision,
Codification and Repeal
a. Amendment – power vested only in legislative
department
i. Express – direct mention of law to be
amended
ii. Implied – “any provision…modified
accordingly”; can only be applied if
provisions cannot be harmonized and
may not be enforced without
nullifying prior act
iii. Effects of amendment
1. As if statute has been
originally enacted in
amended form
2. As if all had been enacted in
the same statute
3. Unchanged portions remain
enforceable
4. Meaning different from
before it was amended
5. Retroactive only if expressed
and no vested right is violated
6. Jurisdiction – laws applicable
at the time action is instituted
7. Nullity of amended act leaves
amendatory act valid
b. Revision
c. Codification
i. Purpose
1. Restate existing laws into one
statute
2. Simplify complicated
provisions
3. Make laws on the subject
easily found
d. Repeal
i. Only by subsequent laws
ii. Legislative cannot enact irrepealable
laws or limit future legislative acts
iii. Considered as continuation of the
repealed law, not substitute
iv. Kinds of repeal
1. Total - revoked
2. Partial – leaves unaffected
portion in force
3. Express – title specifically
mentioned
4. Implied – all other repeal
v. Irreconcilable inconsistency – clear
and convincing, incompatible,
repugnant, same subject and object
vi. Leges posteriors priores contrarias –
later law repeals prior law
vii.