Law: Its Concept and Classification

A. Definition and Elements:

Law
- in its broadest sense
-A whole body or system of law
-In strict legal sense
Rule of conduct formulated and made obligatory by legitimate power of the
state • Includes RA, PD, EO (president in the ex of legislative power),
Presidential issuances (ordinance power) Jurisprudence, ordinances passed by
sanggunians of local government units.

Elements
1. A Rule of Conduct
2. Just
3. Obligatory
4. Prescribed by Legitimate Authority
5. Ordained for the Common Benefit

Classification:
PUBLIC LAW - a general classification of law relating to the relationship
between the state and its people
1. Constitutional Law
2. Administrative Law
3. International Law

PRIVATE LAW-defines, regulates, enforces and administers relationships

among individuals, associations and corporations.
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
1. General Law – that which affects the community at large; That which
affects all people of the state or all of a particular class. 
2. Special Law – designed for a particular purpose, or limited in range, or
confined to a prescribed field of action on operation. 
3. Local Law – relates or operates over a particular locality instead of over the
whole territory of the state. 
4. Public Law – a general classification of law relating to the relationship
between the state and its people 
5. Private Law – defines, regulates, enforces and administers relationships
among individuals, associations and corporations. 
6. Remedial Statute –
7. Curative Statute – retrospective laws which corrects irregularities,
inconsistencies and ambiguities in the law 
8. Penal Statute –
9. Prospective Law – applicable to cases which shall arise after its enactment. 
10. Retroactive Law – affects acts or facts occurring prior to its date of
enactment. 
11. Affirmative Statute – declares what shall be done 
12. Negative / Prohibitory Statute –declares what shall not be done 
13. Directory Statute – 
14. Mandatory Statute – 

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
1. As to Nature
a. Penal statutes defines criminal offenses and provides corresponding
penalties. 
b. Remedial statutes  providing rules and regulations on matters of procedure
or due process. 
c. Substantive statutes
d. Labor statutes
e. Tax statutes
2. As to Application
a. Mandatory prescribes a required course of action
b. Directory operates to confer discretion on a person 
3. As to Performance
a. Permanent one whose operation is not limited in duration but continues
until repealed.
b. Temporary duration is for a limited period of time fixed in the statute itself
or whose life ceases upon the happening of an event.

4. As to Scope
a. General applies to the whole state and operates throughout the state alike
upon all people or all of a class.
b. Special relates to particular person or things of a class or to a particular
community, individual or thing.
c. Local operation is confined to a specific place or locality (e.g municipal
ordinance)
5. Other Classifications
- Prospective or retroactive
- A repealing act or an amendatory act
- Reference statute or a declaratory statute

D. Creation of Statutes
1. How does a Bill become a Law?
• Proposed legislative measure introduced by a member of congress for
enactment into law 
• Shall embrace only one subject which shall be expressed in the title 
• Singed by authors 
• File with the Secretary of the House 
• Bills may originate from either lower or upper House 
• Exclusive to lower house 
 Appropriation 
 Revenue/ tariff bills 
 Bills authorizing increase of public debt 
 Bills of local application 
 Private bills 
• After 3 readings, approval of either house (see Art 6 Sec 26 (1)) 
• Secretary reports the bill for first reading 
• First reading – reading the number and title, referral to the appropriate
committee for study and recommendation 
• Committee – hold public hearings and submits report and recommendation
for calendar for second reading 
• Second reading – bill is read in full (with amendments proposed by the
committee) – unless copies are distributed and such reading is dispensed with o
Bill will be subject to debates, motions and amendments o Bill will be voted on
o A bill approved shall be included in the calendar of bills for 3rd reading 
• Third reading – bill approved on 2nd reading will be submitted for final vote
by yeas and nays, 
• Bill approved on the 3rd reading will be transmitted to the “Other House” for
concurrence (same process as the first passage) o If the “Other House”
approves without amendment it is passed to the President o If the “Other
House” introduces amendments, and disagreement arises, differences will be
settled by the Conference Committees of both houses o Report and
recommendation of the 2 Conference Committees will have to be approved by
both houses in order to be considered pass 
• President o Approves and signs o Vetoes (within 30 days after receipt) o
Inaction 
• If the President vetoes – send back to the House where it originated with
recommendation 
o 2/3 of all members approves, it will be sent to the other house for approval 
o 2/3 of the other house approves – it shall become a law o If president did not
act on the bill with in 30 days after receipt, bill becomes a law 
• Summary : 3 ways of how a bill becomes a law. 
 President signs 
 inaction of president with in 30 days after receipt 
 vetoed bill is repassed by congress by 2/3 votes of all its members, each
house voting separately.

2. Constitutional Limitations or Prohibitions in the enactment of a statute

Limitations of passage (as per Constitution) Art 6 Sec. 27 (2) o congress may
not increase the appropriation recommended by the President XXX 
o particular appropriation limited 
o procedure for Congress is the same to all other department/ agencies
(procedure for approving appropriations ) 
o special appropriations – national treasurer/ revenue proposal 
o no transfer of appropriations xxx authority to augment o discretionary funds –
for public purposes 
o general appropriations bills – when re-enacted 
o President my veto any particular item/s in an appropriation revenue, or tariff
bill.
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
 1. Preamble – prefatory or explanatory statement 
2. Title – subject of legislation; Constitution provides it be limited to ONE
subject to protect due process 
3. Enacting Clause – declaration of authority to legislate 
4. Body of the Statute – set of provisions stating what the law is all about 
5. Separability / Saving Clause – protects other provisions in case a certain
provision is invalid 
6. Repealing Clause – amends inconsistent provisions of prior legislation 
7. Effectivity Clause – when the law will take effect
5. Vague Statutes
6. Ordinances
a. Test of a valid ordinance
o It must not contravene the Constitution or any statute 
o It must not be unfair or oppressive 
o It must not be partial or discriminatory 
o It must not prohibit but may regulate trade o It must be general and consistent
with public policy 
o It must not be unreasonable
b. Reason why an ordinance should not contravene a statute
Effects of unconstitutionality 
• It confers no rights 
• Imposes no duties 
• Affords no protection 
• Creates no office 
• In general, inoperative as if it had never been passed
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.

When to raise constitutionality • 

xxx at the earliest possible opportunity – i.e. in the pleading 
• it may be raised in a motion for reconsideration / new trial in the lower court;
or 
• in criminal cases – at any stage of the proceedings or on appeal 
• in civil cases, where it appears clearly that a determination of the question is
necessary to a decision, and in cases where it involves the jurisdiction of the
court below

Necessity of deciding constitutionality 

• where the constitutional question is of paramount public interest and time is
of the essence in the resolution of such question, adherence to the strict
procedural standard may be relaxed and the court, in its discretion, may
squarely decide the case 
• where the question of validity, though apparently has become moot, has
become of paramount interest and there is undeniable necessity for a ruling,
strong reasons of public policy may demand that its constitutionality be
resolved

Test of constitutionality • 
… is what the Constitution provides in relation to what can or may be done
under the statute, and not by what it has been done under it. 
o If not within the legislative power to enact o If vague – unconstitutional in 2
respects 
 Violates due process 
 Leaves law enforcers unbridled discretion in carrying out its provisions o
Where there’s a change of circumstances – i.e. emergency laws
NOTE: Every statute is presumed to be valid and constitutional. All reasonable
doubts must be in favor of the constitutionality of the law. The reason lies in
the process by which the statute was enacted.

 
E. Validity and Constitutionality of Statutes
1. Constitutional Test in the Passage of a Bill
TEST OF CONSTITUTIONALITY TEST OF CONSTITUTIONALITY 
1. Not within the legislative power to enact 
2. Purpose or effects violate the Constitution or its basic principles 
3. Creates or establishes methods or forms that infringe constitutional
principles 
4. Vague statutes
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
Effects of unconstitutionality 
• It confers no rights 
• Imposes no duties 
• Affords no protection 
• Creates no office 
• In general, inoperative as if it had never been passed •
 2 views: 
o Orthodox view – unconstitutional act is not a law; decision affect ALL o
Modern view – less stringent; the court in passing upon the question of
unconstitutionality does not annul or repeal the statute if it finds it in conflict
with the Constitution; decisions affects parties ONLY and no judgment against
the statute; opinion of court may operate as a precedent; it does not repeal,
supersede, revoke, or annul the statute Invalidity due to change of conditions 
• Emergency laws 
• It is deemed valid at the time of its enactment as an exercise of police power
 • It becomes invalid only because the change of conditions makes its continued
operation violative of the Constitution, and accordingly, the declaration of its
nullity should only affect the parties involved in the case and its effects applied
prospectively
a. Totally Unconstitutional
b. Partially Unconstitutional
Partial invalidity 
• General rule: that where part of a statute is void as repugnant to the
Constitution, while another part is valid, the valid portion, if separable from the
invalid, may stand and be enforced 
• Exception – that when parts of a statute are so mutually dependent and
connected, as conditions, considerations, inducements, or compensations for
each other, as to warrant a belief that the legislature intended them as a whole,
the nullity of one part will vitiate the rest – such as in the case of Tatad v Sec of
Department of Energy and Antonio v. COMELEC

4. Extent of Judicial Power to Declare Unconstitutionality of Assailed

Legislative and Executive Acts
1. Existence of an appropriate case – one which raises a justiciable controversy
whose resolution depends on choosing between the Constitution and the
statute 
2. Personal and Substantial interest of the party raising the constitutional
question – legal standing (“locus standi”) where a person has sustained or may
sustain direct injury 
3. Plea that the function be exercised at the earliest opportunity – constitutional
question must be specifically raised, insisted upon, and adequately argued 
4. Necessity that the constitutional question be passed upon in order to decide
the case – only if the case cannot be resolved with any other grounds
5. Requisites for Declaration of Partial Unconstitutionality

II. Overview of Statutory Construction

A. Definition of Statutory Construction

• Construction is the art or process of discovering and expounding the meaning
and intention of the authors of the law, where that intention rendered doubtfully
reason of ambiguity in its language or of the fact that the given case is not
explicitly provided for in the law. 
• Construction is drawing of warranted conclusions beyond direct expression of
the text expressions which are in spirit though not within the text. 
• xxx inevitably, there enters into the construction of statutes the play of
JUDICIAL JUDGMENT within the limits of the relevant legislative materials 
• it involves the EXERCISE OF CHOICE BY THE JUDICIARY

B. Application vs. Interpretation vs. Construction

1. What is the purpose of Interpretation and Construction?

Construction- process of drawing warranted conclusions not always included
in direct expressions, or determining the application of words to facts in
litigation
Interpretation-- art of finding the true meaning and sense of any form of
words
NOTE: Construction vs Interpretation. Interpretation is limited within the four
corners of the written text, while Construction draws warranted conclusions
beyond the language of the written text

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? a condition of admitting 2 or more meanings.
Susceptible of more than one interpretation.

Rules of construction, generally • 

Rules of statutory construction are tools used to ascertain legislative intent. 
• NOT rules of law but mere axioms of experience 
• In enacting a statute, the legislature is presumed to know the rules of statutory
construction, in case of doubt, be construed in accordance with the settled
principles of interpretation. 
• Legislature sometimes adopts rules of statutory construction as part of the
provisions of the statute: - see examples page 49-50 
• Legislature also defines to ascertain the meaning of vague, broad words/
terms Purpose of object of construction
 • The purpose is to ascertain and give effect to the intent of the law. 
• The object of all judicial interpretation of a statute is to determine legislative
intent, either expressly or impliedly, by the language used; to determine the
meaning and will of the law making body and discover its true interpretations
of law. Legislative intent, generally 
• … is the essence of the law 
• Intent is the spirit which gives life to legislative enactment. It must be
enforced when ascertained, although it may not be consistent with the strict
letter of the statute. It has been held, however, that that the ascertainment of
legislative intent depend more on a determination of the purpose and object of
the law. 
• Intent is sometimes equated with the word “spirit.” 
• While the terms purpose, meaning, intent, and spirit are oftentimes
interchangeably used by the courts, not entirely synonymous Legislative
purpose
• A legislative purpose is the reason why a particular statute was enacted by
legislature. 
• Legislation “is an active instrument and government which, for the purpose of
interpretation means that laws have ends to be achieved”
Legislative meaning 
• Legislative meaning is what the law, by its language, means. 
• What it comprehends;
• What it covers or embraces; 
• What its limits or confines are. 
• Intent and Meaning – synonymous 
• If there is ambiguity in the language used in a statute, its purpose may
indicate the meaning of the language and lead to what the legislative intent is

VERBA LEGIS – plain meaning rule; the presumption that the words
employed by the legislature in a statute correctly express its intention or will,
precluding any construction LEGIS INTERPRETATO LEGIS VIM
OBTINET – the authoritative interpretation of the Supreme Court of a statute
acquires the force of law by becoming a part thereof.
STARE DECISIS ET NON QUIETA MOVERE – when the Supreme 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 the facts are
substantially the same.

C. Aids in Interpretation and Construction

Use intrinsic aids before resorting to extrinsic aids

Generally 
• Where the meaning of a statue is ambiguous, the court is warranted in
availing itself of all illegitimate aids to construction in order that it can
ascertain the true intent of the statute. 
• The aids to construction are those found in the printed page of the statute
itself; know as the intrinsic aids, and those extraneous facts and circumstances
outside the printed page, called extrinsic aids.

TYPES OF AIDS TO CONSTRUCTION 

1. Intrinsic Aids – found within the statute 2. Extrinsic Aids – extraneous facts
and circumstances outside the printed page
INTRINSIC AIDS 
1. Title of the Statute – it carries weight because of the Constitutional
requirement that “every bill must embrace only one subject which shall be
expressed in the title thereof.” 
2. Preamble 
3. Context 
4. Punctuation Marks 
5. Capitalization of Letters 
6. Headnotes or Epigraphs 
7. Lingual text – the language employed shall prevail
EXTRINSIC AIDS 
1. Legislative debates, views and deliberations, except when the speech or
statements have no relevance to the law 
2. Legislative history 
3. President’s message to legislature 
4. Explanatory notes 
5. Reports of commissions 
6. Change in phraseology 
7. Principles of common law 
8. Conditions at the time of enactment 
9. History of the times 
10. Contemporaneous construction – construction placed upon the time of or
after a statute’s enactment by the executive, legislative or judiciary authorities

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 (Statcon: it should not be

construed in isolation. Rather it should be interpreted in relation to the other
words (tap, to overhear) thus party line or telephone extension is not included
because the words in the provision limit it to those that have a physical
interruption through a wiretap or the deliberate installation of device to
overhear. (Remember the maxim noscitus a sociis because in here they applied
an association with other words in construing the intention or limitation of the
statute)

C. Legislative Intent must be ascertained from the Statute as a Whole

Legislative intent, generally • … is the essence of the law • Intent is the spirit
which gives life to legislative enactment. It must be enforced when ascertained,
although it may not be consistent with the strict letter of the statute. It has been
held, however, that that the ascertainment of legislative intent depend more on
a determination of the purpose and object of the law. • Intent is sometimes
equated with the word “spirit.” • While the terms purpose, meaning, intent, and
spirit are oftentimes interchangeably used by the courts, not entirely
synonymous

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.
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)