2022 | Stephen Neil Castaño Notes

STATUTORY CONSTRUCTION
NOTES FOR FINALS

Stephen Neil Castaño

Juris Doctor I
University of Mindanao-College of Law
University of Mindanao-School of Law
________________________________________________________________

Parts of Statutes; enumerated

 Preamble
 Title of statute
 Enacting clause
 Purview or body of statute
 Separability clause
 Repealing clause
 Effectivity clause

Preamble; defined

 A preamble is a prefatory statement or explanation or finding of facts, reciting the purpose,

reason, or occasion for making the law to which it is prefixed.
 It is found after the enacting clause and before the body of the law.
 Preambles play an important role in the construction of Presidential Decrees because no
better place than in the preamble can the reason and purpose of the decree be stated.
 It is usually not used by legislations because content of the preamble is written in explanatory
note.

Title of statute; defined

 The Constitution provides that “every bill passed by Congress shall embrace only one subject
which shall be expressed in the title thereof.”
 This provision is mandatory, and a law enacted in violation thereof is unconstitutional.
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 The legislature is to refrain from conglomeration, under one statute, of heterogeneous

subjects.
 The title of the bill is to be couched in a language sufficient to notify the legislators and the
public and those concerned of the import of the single subject thereof.
 In the case of PJA vs. Prado, it mentions that the title of the bill is not required to be as
comprehensive as to cover every single detail of the measure. It has been held that if the title
fairly indicates the general subject, and reasonably covers all the provisions of the act, and is
not calculated to mislead the legislature or the people, there is sufficient compliance with the
constitutional requirement.

Purpose of title requirement; enumerated

 To apprise the legislators of the object, nature and scope of the provisions of the bill
 To prevent the enactment into law of matters which have not received the notice, action and
study of the legislators.
 To prevent duplicity in legislation
 To prevent hodgepodge or log rolling legislation
 To prevent surprise or fraud upon the legislature, by means of provisions in bills of which the
title gave no information
 The title of a statute is used as a guide in ascertaining legislative intent when the language of
the act does not clearly express its purpose (the title may clarify doubt or ambiguity in the
meaning and scope)

Subject of repeal of statute; explained

 The repeal of a statute on a given subject is properly connected with the subject matter of a
new statute on the same subject, and therefore a repealing section in the new statute is valid,
notwithstanding that the title is silent on the subject.
 Reason: where a statute repeals a former law, such repeal is the effect and not the subject of
the statute; and it is the subject, not the effect of law, which is required to be briefly expressed
in its title.

How requirement of title construed; explained

 The constitutional requirement as to title of a bill should be liberally construed.

 If there is doubt, it should be resolved against the doubt and in favor of the constitutionality
of the statute.

When there is compliance with requirement; enumerated

 If the title is comprehensive enough as to include the general object which the statute seeks
to effect
 If all parts of the law are related and are germane to the subject matter expressed in the title
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 If the title fairly indicates the general subject and reasonably covers all the provisions of the
act
 If it is not calculated to mislead the legislature or the people.

When requirement not applicable

 The requirement applies only to bills which may thereafter be enacted into law.
 It does not apply to laws in force and existing at the time the 1935 Constitution took effect.

Effect of insufficiency of title

 A statute is null and void.

 Where the subject matter of a statute is not sufficiently expressed in its title, only so much of
the subject matter as is not expressed is void, leaving the rest in force, unless the invalid
provisions are inseparable from the others, in which case the nullity of the former vitiates the
latter.

Enacting clause

 It is written immediately after the title thereof which states the authority by which the act is
enacted.

Purview or body of statute

 It is that part which tells what the law is all about.

 The body of a statute should embrace only one subject matter.
 Statute is usually divided into sections, each of which is numbered and contains a single
proposition.

Separability clause

 It states that if any provision of the act is declared invalid, the remainder shall not be affected.
 Such a clause is not, however, controlling and the courts may invalidate the whole statute
where what is left, after the void part, is not complete and workable.
 The presumption is that the legislature intended a statute to be effective as a whole and would
not have passed it had it foreseen that some part of it is invalid.
 The effect of a separability clause is to create in the place of such presumption the opposite
one of separability.
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Repealing Clause

 When the legislature repeals a law, the repeal is not a legislative declaration finding the
earlier law unconstitutional.
 The power to declare a law unconstitutional does not lie with the legislature, but with the
courts.

Effectivity Clause

 The effectivity clause is the provision when the law takes effect.
 Usually, Article 2 of the Civil Code is applied as to the effectivity of the law.

Restrictions in passage of budget or revenue bills; enumerated

 Section 25 of Article VI of the 1987 Constitution states that the Congress may not increase the
appropriations recommended by the President for the operation of the government as
specified in the budget.
 No provision or enactment shall be embraced in the general appropriations bill unless it
relates specifically to some particular appropriation therein.
 The procedure in approving appropriations for the Congress shall strictly follow the
procedure for approving appropriations for other departments and agencies.
 A special appropriations bill shall specify the purpose for which it is intended.
 No law shall be passed authorizing any transfer of appropriations.

Fiscal autonomy; defined

 In the case of Bengzon v. Drilon, as envisioned in the Constitution, the fiscal autonomy
enjoyed by the judiciary, the Civil Service Commission, the Commission on Audit, the
Commission on Elections and the Office of Ombudsman contemplates a guarantee on full
flexibility to allocate and utilize their resources with the wisdom and dispatch that their
needs require.
 It recognizes the power and authority to levy, assess and collect fees.
 Fiscal autonomy means freedom from outside control.

Power of the Courts to pass upon the validity of congressional rules

 In the case of Francisco vs. Nagmamalasakit ng mga Manananggol ng mga Manggagawang

Pilipino, the court ruled that Sections 16 and 17 of Rule V of the Rules of Procedure in
Impeachment Proceedings which were approved by the House of Representatives are held
unconstitutional.
 It is basic that all rules must not contravene the Constitution which is the fundamental law.
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 This mentions the ruling in the case of United States vs. Smith declaring that where the
construction to be given to a rule affects persons other than members of the legislature, the
question becomes judicial in nature.
 Another case being cited is the ruling in the case of United States vs. Ballin held that while the
Constitution empowers each house to determine its rules of proceedings, it may not by its
rules ignore constitutional restraints or violate fundamental rights.

Unimpeachability of Legislative Journals; defined

 The Journal is regarded as conclusive with respect to matters that are required by the
Constitution to be recorded therein
 In the case of United States vs. Pons, the Court spoke of the imperatives of public policy for
regarding the Journals as “public memorials of the most permanent character”; public
because all are required to conform to them and permanent because the rights that acquired
today upon the faith of what has been declared to be law shall not be destroyed tomorrow

Enrolled bill; defined

 Under the enrolled bill doctrine, the signing of a bill by the Speaker of the House and the
Senate President and the certification of the Secretaries of both Houses of Congress that it
was passed are conclusive of its due enactment.
Withdrawal of authenticity

 Congress devised its own system of authenticating bills duly approved by both Houses,
namely by the signatures of their presiding officers and secretaries on the printed copy of the
approved bill.
 It has been held that this procedure is merely a mode of authentication to signify to the Chief
Executive that the bill being presented to him has been duly approved by Congress and is
ready for his approval or rejection.

Issuances, Rules and Ordinances; enumerated

 Executive Orders
 Administrative Orders
 Proclamations
 Memorandum Orders
 Memorandum Circulars
 General or Special Orders
 Presidential Decrees
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Executive orders; defined

 Executive orders are acts of the President providing for rules of a general or permanent
character in the implementation or execution of constitutional or statutory powers shall be
promulgated in executive orders.

Administrative Orders; defined

 Administrative orders are acts of the President which relate to particular aspect of
governmental operations in pursuance of his duties as administrative head shall be
promulgated in administrative orders.

Proclamations; defined

 Proclamations are acts of the President fixing a date or declaring a status or condition of
public moment or interest, upon the existence of which the operation of a specific law or
regulation is made to depend, shall be promulgated in proclamations which shall have the
force of an executive order.

Memorandum orders; defined

 Memorandum orders are acts of the President on matters of administrative detail or of

subordinate or temporary interest which only concern a particular officer or office of the
government shall be embodied in memorandum orders.

Memorandum circulars; defined

 Memorandum circulars are acts of the President on matters relating to internal

administration, which the President desires to bring to the attention of all or some of the
departments, agencies, bureaus or offices of the government, for information or compliance,
shall be embodied in memorandum circulars.]

General or special orders; defined

 General or special orders are acts and commands of the President in his capacity as
Commander-in-Chief of the Armed Forces of the Philippines shall be issued as general or
special orders.

Presidential Decrees; defined

 Presidential Decrees were an innovation made by President Ferdinand E. Marcos with the
proclamation of Martial Law.
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 They served to arrogate unto the Chief Executive the lawmaking powers of Congress.
 Only President Marcos issued Presidential Decrees.
 In the Freedom Constitution of 1986, President Corazon Aquino recognized the validity of
existing PDs unless otherwise repealed.

Requirements for administrative rules and regulations to be valid

 Rules and regulations issued by an administrative or executive officers in accordance with

and as authorized by law have the force and effect of law or partake of the nature of a statute.
 In the case of Philippine Chamber of Commerce vs. DOE, for the exercise of delegated
legislative authority by specialized administrative agencies all that is required for their
validity is that the rules should be germane to the objects and purposes of the law.
 The regulations be not in contradiction with but conform to the standards that the law
prescribes.

Why implementing rules are issued; explained

 In the case of Victorias vs. Social Security Commission, the Court stated that when an
administrative agency promulgates rules and regulations, it makes a new law with the force
and effect of a valid law.
 The details and the manner of carrying out the law are often times left to the administrative
agency entrusted with its enforcement. In this sense, it has been said that rules and
regulations are the product of a delegated power to create new or additional legal provisions
that have the effect of law.

Requisites for the validity of Executive Orders and Administrative Orders

 In the case of Executive Secretary vs. Southwing, the Court ruled that for administrative
issuances to be valid, it must comply with the requisites: its promulgation must be authorized
by the legislature, it must be promulgated in accordance with the prescribed procedure, it
must be within the scope of the authority given by the legislature, and it must be reasonable.

Two kinds of powers of administrative agencies

 Administrative agencies possess two kinds of powers, the quasi-legislative or rule-making

power and the quasi-judicial or administrative adjudicatory power.
 The first is the power to make rules and regulations that results in delegated legislation that
is within the confines of the granting statute and the doctrine of non-delegability and
separability of powers.
 The second is the power to hear and determine questions of fact to which the legislative
policy is to apply and to decide in accordance with the standards laid down by the law itself
in enforcing and administering the same law.
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Binding effect of administrative construction

 In the case of Peralta vs. Civil Service Commission, the Court stated that when an
administrative or executive agency renders an opinion or issues a statement of policy, it
merely interprets a pre-existing law; and the administrative interpretation of the law is at
best advisory, for it is the courts that finally determine what the law means.

Legislative powers of Local Government Units

 For an ordinance to be valid, it must not only be within the corporate powers of the city or
municipality to enact but must also be passed according to the procedure prescribed by law.
 An ordinance must not contravene the Constitution or any statute, must not be unfair or
oppressive, must not be partial or discriminatory, must not prohibit but may regular trade,
and it must be general and consistent with the public policy, and must not be unreasonable.

Rule-making power of the Supreme Court

 While the power to define, prescribe, and apportion the jurisdiction of the various courts is,
by constitutional design, vested unto Congress, the power to promulgate rules concerning
the protection and enforcement of constitutional rights, pleading, practice, and procedure in
all courts belongs exclusively to this Court.

Validity of statute

 Every statute is presumed valid

 The reason lies in the very essence of how a law is enacted: before the legislature passes a
bill, it is presumed that it has decided the measure to be constitutional and the President
approves the bill, it is presumed that he has been convinced of its validity.
 In the case of Municipality of San Mateo vs. Smart Communications, the court said that the as
a rule the Courts must refrain from interfering with legislative acts, lest they stray into the
realm of policy decision-making. The public interest is best served by allowing political
processes to operate without undue interference.
 Indeed, the courts accord the presumption of constitutionality to legislative enactments, not
only because the legislature is presumed to abide by the Constitution, but also because the
judiciary, in the determination of actual cases and controversies, must reflect the wisdom
and justice of the people as expressed through their representatives.
 The court will not review the wisdom, merits or propriety of government policies, but will
strike them down only on either of two grounds; the unconstitutionality or illegality and or
grave abuse of discretion.
 In the case of Drilon vs. Lim, the Court stressed that in the exercise of jurisdiction, lower
courts are advised to act with the utmost circumspection, bearing in mind the consequences
of a declaration of unconstitutionality upon the stability of laws, no less than on the doctrine
of separation of powers.
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Power of judicial review; defined

 Power of judicial review is the power of the courts to test the validity of executive and
legislative acts for their conformity to the Constitution
 For a court to exercise this power, certain requirements must first be met, namely: an actual
case or controversy calling for the exercise of judicial power, the person challenging the act
must have standing to challenge, the question of constitutionality must be raised at the
earliest possible opportunity, the issue of constitutionality must be the lis mota of the case

Locus Standi; explained

 Locus standi is the legal standing or the personal and substantial interest in the case the party
has.
 To have legal standing, a suitor must show that he has sustained or will sustain a direct injury
as a result of a government action.
 In David, the Court laid out the bare minimum norm before the suitors may be extended
standing to sue: for taxpayers, there must be a claim of illegal disbursement of public funds
or that the tax measure is unconstitutional, for voters, there must be a showing of obvious
interest in the validity of the election law in question, for concerned citizens, there must be a
showing that the issues raised are of transcendental importance.

Lis Mota; defined

 Lis Mota is the cause of the suit or action

 Lis Mota means that the court will not pass upon a question of unconstitutionality, although
properly presented, if the case can be disposed of on some other ground, such as application
of the statute or the general law.
 The petitioner must be able to show that the case cannot be legally solved unless the
constitutional question raised is determined.
 This requirement is based on the rule that every law has in its favor the presumption of
constitutionality.

Effects of Unconstitutionality

 The general rule is that an unconstitutional act is not law; it confers no rights; it imposes no
duties; it affords no protection; it creates no office; it is inoperative as though it has never
been passed.
 The actual existence of a statute prior to such a determination is an operative fact and may
have consequences which cannot be ignored. However, until after the judiciary, in an
appropriate case declares its invalidity, it is entitled to obedience and respect.
 This is merely to reflect awareness that because the judiciary is the governmental organ
which has the final say on whether or not a legislative or executive measure is valid, a period
of time may have elapsed before it can exercise the power of judicial review that may lead to
a declaration of nullity. It would be to deprive the law of its quality of fairness and justice.
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Partial invalidity of law

 It may well be valid in its general import but invalid in its application to certain factual
situations.
 To exemplify, an otherwise valid law may be held unconstitutional only insofar as it is allowed
to operate retrospectively such as in pertinent cases, when it vitiates contractually vested
rights.

Operative Fact doctrine; defined

 The doctrine of operative fact is a rule of equity. As such, it must be applied as an exception
to general rule that an unconstitutional law produces no effects. It can never be invoked to
validate as constitutional an unconstitutional act.
 It nullifies the effects of an unconstitutional law by recognizing that the existence of a statute
prior to a determination of unconstitutionality is an operative fact and may have
consequences which cannot be ignored.

Vagueness doctrine, explained

 A statute or act suffers from the defect of vagueness when it lacks comprehensible standards
that men of common intelligence must necessarily guess at its meaning and differ as to its
application.
 It is repugnant to the Constitution in two respects: it violates due process for failure to accord
persons, especially the parties targeted by it, fair notice of the conduct to avoid and it leaves
law enforcers unbridled discretion in carrying out its provisions and becomes an arbitrary
flexing of the government muscle.

Power to construe; defined

 The duty and power to interpret or construe a statute or the Constitution belongs to the
Judiciary.
 The Supreme Court construes the applicable law in controversies which are ripe for judicial
resolution. It refrains from doing so where it has become moot and academic and it will
dismiss the case.
 Exception: If the applicable law is capable of repetition where public interest requires its
resolution or where the rendering a decision on the merits would be of practical value.

Legislature cannot overrule judicial construction

 Construction is a judicial function.

 While the legislature may indicate its construction of a statute in the form of a resolution or
declaratory act, it cannot preclude the courts from giving the statute a different
interpretation.
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 When it is clear that a statute transgresses the authority vested in the legislature by the
Constitution, it is the duty of the courts to declare the act unconstitutional. This duty of the
court to maintain the constitution as the fundamental law of the land is imperative and
unceasing.

Court may not construe where the statute is clear

 It is well-settled that the court may not construe a statute that is clear and free from doubt.
Time and time again, it has been repeatedly declared by this court that where the law speaks
in clear and categorical language, there is no room for interpretation.
 For nothing is better settled than the first and fundamental duty of courts is to apply the law
as they find it, not as they like it to be.

Plain meaning rule or verbal legis

 If the statute is clear, plain and free from ambiguity, it must be given its literal meaning and
applied without interpretation.

Expresio unius est exclusion alterius

 The express mention of one thing excludes all others

 A statute that has a list of things, that list is deemed exclusive and the statute will apply only
to those items listed and not to others

Ruling of the Supreme Court part of legal system

 Legis interpretation legis vim obtinet – the interpretation placed upon the written law by a
competent court has the force of law
 Stare decisis et non quieta movere - is a doctrine which means to adhere to precedents and
not to unsettle things which are established.
 Article 8 of the Civil Code enjoins adherence to judicial precedents and requires courts in a
country to follow the rule established in a decision of the Supreme Court thereof. That
decision becomes a judicial precedent to be followed in subsequent cases by all courts in the
land.
 The doctrine is based on the principle that once a question of law has been examined and
decided, it should be deemed settled and closed to further argument.

Judicial rulings have no retroactive effect

 Lex prospicit non respicit – the law looks forward not backward.
 In the case of Benzonan vs. Court of Appeals, it was held that while our decisions form part of
the law of the land, they are also subject to Article 4 of the Civil Code, which provides that
laws shall have no retroactive effect unless the contrary is provided.
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Abandonment of previous ruling by the Supreme Court

 The SC may abandon or overrule its earlier decision construing a statute whenever it is right
and proper to do so.
 The constitution provides that no doctrine or principle of law laid down by the Court in a
decision rendered en banc or in division may be modified or reversed except the court sitting
en banc.
 The ruling by the court modifying or reversing a doctrine or principle operates prospectively
and rights acquired under such doctrine or principle prior to its modification or reversal may
not be affected thereby.
 In the case of People of the Philippines vs. Carmen, it ruled that when a doctrine of this Court
is overruled and a different view is adopted, the new doctrine should be applied
prospectively, and should not apply to parties who had relied on the old doctrine and acted
on the faith thereof.

The solemn power and duty of the Court to interpret and apply the law does not include the
power to correct by reading into the law what is not written therein

 In the case of Chavez vs. JBC, the Court takes the initiative to clarify that it is not in a position
to determine as to who should remain as the sole representative of Congress in the JBC. This
is a matter beyond the province of the Court and is best left to the determination of Congress.
The remedy lies in the amendment of this constitutional provision.

Courts may not enlarge nor restrict statutes

 Courts may not in the guise of interpretation enlarge the scope of a statute and include therein
situations not provided nor intended by the lawmakers. An omission at the time of the
enactment whether careless of calculated cannot be judicially supplied however later wisdom
may recommend the inclusion.

Courts not influenced by questions of wisdom

 Courts do not pass upon questions of wisdom, justice or expediency of legislation for it is not
within their province to supervise legislation and keep it within the bounds of propriety and
common sense. That is primarily and exclusively a legislative concern.
 As long as laws do not violate the Constitution, the courts merely interpret and apply them
regardless of whether or not they are wise or salutary.

Contemporary Construction

 A contemporary construction or practical construction are those constructions placed upon

statutes at the time or after their enactment by the executive, legislature or judicial
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authorities as well as by those who because of their involvement in the process of legislation
are knowledgeable on the intent and purpose of the law.

Contemporary construction is strongest in law

 Contemporanea exposition est optima et fortissimo in lege

 In the construction of a doubtful and ambiguous law, the contemporaneous construction of
those who are called upon to act under the law, and were appointed to carry its provisions
into effect, is entitled to very great respect. (Edwards Lessee vs. Darby, 12 Wheat. 206, 210).
 Courts will and should respect the contemporaneous construction placed upon a statute by
the executive officers whose duty is to enforce it, and unless such interpretation is clearly
erroneous will ordinarily be controlled thereby.

Types of Contemporary Construction; enumerated

 Construction by executive officer or administrative officer directly called to implement the

law. Interpretation embodies in circular, directive or regulation is an example
 Construction by Sec of Justice in his capacity as the Chief Legal Adviser of the Government. It
is in the form opinion issued upon the request of administrative or executive officials who
enforce the law. However, the President or the Executive Secretary by authority of the
President has the power to modify, alter or reverse the construction of the department
secretary.
 Interpretation handed down in an adversary proceeding in the form of a ruling by executive
officer exercising quasi-judicial power.

Special knowledge and expertise on matters within its jurisdiction

 In the case of Ombudsman-Mindanao v. Ibrahim, the Court had recognized that findings of
fact of the Office of the Ombudsman are afforded great weight and even finality due to its
special knowledge and expertise over matters within its jurisdiction.

The best interpreter of the law is usage

 Optimus interpres rerum usus

 Thus where a statute granted the PCSO additional racing days, at the time of which enactment
the law continuous and uniform practice was that all sweepstakes draws and races were held
on Sundays and during the holiday, it is safe to conclude that when the legislature chose not
to specify in express terms how the additional sweepstakes draws and races would be held,
it did not intend to disturb the then prevailing practice and the statute should thus be so
construed as not to change the practice.
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Courts may disregard contemporaneous construction

 CC is not controlling upon the court, the duty and power to interpret the law being primarily
a judicial function like where the construction is clearly erroneous and where the court has
previously given the statute a different interpretation.
 If the CC is erroneous, the same must be declared null and void. It is duty of judiciary to define
and when necessary to correct constitutional or statutory interpretation in the context of the
interaction of the three branches of the government.

Executive department is obliged to apply stare decisis

 The court has held that it is a very desirable and necessary judicial practice that when a court
has 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 in which the facts are substantially the same.

Noscitur a sociis

 The maxim states that where a particular word or phrase is ambiguous in itself or is 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.

Ejusdem Generis

 “of the same kind, class or nature”

 When a statute lists certain things and at the end of the list is a general statement or a catch
all phrase, the court will assume that the general statement includes only things that are
similar to those items listed

Expresio unius est exclusion alterius

 The express mention of one thing excludes all others

 A statute that has a list of things, that list is deemed exclusive and the statute will apply only
to those items listed and not to others

Negative-opposite doctrine

 The principle that what is expressed puts an end to that which is implied.

Doctrine of casus omissus

 The rule states that a person, object or thing omitted from an enumeration must be held to
have been omitted intentionally.
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 The principle proceeds from a reasonable certainty that a particular person, object or thing
has been omitted from a legislative enumeration.

Doctrine of last antecedent

 This doctrine means that a qualifying word or phrase should be understood as referring to
the nearest antecedent.
 In the absence of legislative intent to the contrary, preferential and qualifying words and
phrases must be applied only to their immediate or last antecedent, and not to the other
remote or preceding words.

Reddendo singular singulis

 The maxim means referring each to each

 Referring each phrase or expression to its appropriate object, or let each be put in its proper
place

Statutes construed in harmony with the constitution

 As the Constitution is the fundamental law to which all laws are subservient, a statute should
not be interpreted independently of the Constitution. The statute should be construed in
harmony with and not in violation of the Constitution.
 It is well-settled rule of statutory construction that a statute should be construed whenever
possible in a manner that will avoid conflict with the Constitution

In Pari Materia

 Statutes are in pari materia when they relate to the same person or thing or to the same class
of persons or things, or object, or cover the same specific or particular subject matter
 In the case of Gayo vs. Verceles, the Court ruled that Sec. 68 of the Omnibus Election Code are
basically the same in that they both provide that permanent residents or immigrants to a
foreign country are disqualified from running for any local elective position.
 When statutes are in pari material, they are to be construed together; each legislative intent
is to be interpreted with reference to other acts relating to the same matter or subject.

Where harmonization is impossible

 In King vs. Hernaez, it was held that RA No. 1180 (Retail Trade Nationalization Act) implies
that the nationalization of the trade is merely confined to its ownership and not to
management, control or operation. Nevertheless, the court said that this apparent flaw in the
law cannot be availed of by unscrupulous alien as an inconvenient pretext to flout the law or
subvert its nationalistic purpose, for in pari materia with a such law is Commonwealth Act
No. 108 (Anti Dummy Law)
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General and special statutes

 A general statute is a statute which applies to all of the people of the state or to all of a
particular classes of persons in the state with equal force. It is one which embraces a class of
subjects or places and does not omit any subject or place naturally belonging to such class.
 Special statute is one which related to particular persons or things of a class or to a particular
portion or section of the state only.
 In the case of Lopez vs. Lacuna, there is no doubt that RA No. 409, which provides specifically
for the organization of the Government of the City of Manila, is a special law, and whereas RA
No. 5185 and Batas Blg. 337, which apply to municipal governments in general, are general
laws. It is a canon of statutory construction that a special law prevails over a general law
regardless of their dates of passage and the special is to be considered as remaining an
exception to the general.
 Reason: The legislature considers and make provision for all the circumstances of the
particular case.

Qualification of the rule

 Where the legislature clearly intended the later general enactment to cover the whole subject
and to repeal all prior laws inconsistent therewith, the general law prevails over a special law
on the subject. In such case, there is a repeal of the law itself.
 Legislative Power is essentially the authority of Congress to enact laws, repeal, or amend
them as well.

Strict or liberal construction

 Laws can be construed either strictly or liberally.

 In strict construction, the law should be understood only within the meaning of the language
used; construction according to the letter of a statute; takes the language of the law in its
exact meaning and admits no equitable consideration
 Liberal construction, on the other hand, extends the meaning of the statute to matters which
come within the spirit or reason of the law.
 In the case of Centeno vs. Pornillos, the court ruled that Presidential Decree No. 1564 (P.D.
No. 1564) merely stated charitable or public welfare purposes. Must not extend or interpret
the word “charitable” with a new color as this would make a new forbidden act. So, basically,
the Court acquitted Mr. Centeno because of P.D. No. 1564 does not require a permit before
persons can do solicitations for religious purposes. It is clear that the construction of the
chapel in their place is of religious purpose.
 The purpose of strict construction is not to enable a guilty person to escape punishment
through a technicality but to provide a precise definition of forbidden acts. The word
"charitable" is a matter of description rather than of precise definition, and each case
involving a determination of that which is charitable must be decided on its own particular
facts and circumstances.
 2022 | Stephen Neil Castaño Notes

Liberal construction

 which expands the meaning of a statute to meet cases which are clearly within the spirit or
reason thereof or within the evil which the statute was designed to remedy
 means that the words should receive a fair and reasonable interpretation so as to attain the
intent, spirit and purpose of the law

The welfare of the people is the highest law

 salus populi est suprema lex

 The protection of the general welfare is the particular function of the police power which both
restraints and is restrained by due process; the police power is simply defined as the power
inherent in the state to regulate liberty and property for the promotion of the general welfare;
it extends to all the great public needs and is described as the most pervasive, the least
limitable and the most demanding of the three inherent powers of the state

Penal statutes are strictly construed

 It is well known rule of legal hermeneutics that penal or criminal laws are strictly construed
against the state and liberally in favor of the accused.
 But it does not that every penal law must be so narrowly construed as to defeat the law itself;
it merely means that they are not to be construed so strictly as to nullify the obvious purpose
of the legislature.
 Reason: the law is tender in favor of the rights of the individual; the object is to establish a
certain rule by conformity to which mänkind would be safe and the discretion of the court
limited

Limitation of the rule

 A strict construction should not be permitted to defeat the intent, policy and purpose of the
statute.
 The court should consider the spirit and reason of a statute where a literal meaning would
lead to absurdity, contradiction, injustice or would defeat the clear purpose of the law.

Statute authorizing expropriation or Power of Eminent Domain

 Statutes expropriating or authorizing the expropriation of property are strictly construed

against the expropriating authority and liberally in favor of the property owners.
 The exercise of such right is necessarily in derogation of private rights and the rule in that
case is that the authority must be strictly construed.
 2022 | Stephen Neil Castaño Notes

Statutes granting privileges

 Statutes granting advantages to private persons have in many instances created special
privileges for the grantees and have thus been viewed with suspicion and strictly construed.
 Strict construction requires that those who invoke a special privilege granted by a statute
must comply strictly with its provisions.
 Example: RA 9994 or the Senior Citizens Law, this is an act granting additional benefits and
privileges to Senior Citizens. The provision which reads that these rules shall be construed
and applied in accordance with policies and objectives of the law. In case of a conflict or
ambiguity, the same shall be liberally construed and in favor of the senior citizens.

Legislative grants to LGU

 Legislative grants in favor of local government units are grants of a public nature and hence
should be strictly construed against the grantee.
 There is in such a grant a gratuitous donation of public money or property that results in an
unfair advantage to the grantee and for that reason, the grant should be narrowly restricted
in favor of the public.

Statutory grounds for removal of officials must be strictly construed

 Removal is to be confined within the limits prescribed for it; the causes, manner and
conditions fixed must be pursued with strictness
 The remedy of removal is a drastic one and penal in nature. Injustice and harm to the public
interest would likely emerge should such laws be not strictly interpreted against the power
of suspension or removal

Naturalization Laws must be strictly construed

 Reason: right of an alien to become a citizen by naturalization is a statutory rather than a

natural one and does not become vested until he files a petition established by competent and
satisfactory evidence that he has all the qualifications and none of the disqualifications
specified by law.
 In case of doubt, it shall be resolved against the applicant.

Statutes granting tax exemptions must be strictly construed

 Taxes are what people pay for civilized society.

 They are the lifeblood of the nation.
 The law frowns against exemption from taxation.
 Laws granting tax exemptions are thus construed against the taxpayer and liberally in favor
of the taxing authority.
 No law granting any tax exemption shall be passed without the concurrence of a majority of
all members of the Congress.
 2022 | Stephen Neil Castaño Notes

 RA No. 9504 states that minimum wage workers are exempted from income and withholding
taxes.

The state may not be sued without its consent

 The principle enshrined in Section 3, Article XVI of the Constitution that the "State may not
be sued without its consent" reflects nothing less than a recognition of the sovereign
character of the State and an express affirmation of the unwritten rule effectively insulating
it from the jurisdiction of courts.
 However, if it consents, either expressly or impliedly, then it may be the subject of a suit.
There is express consent when a law, either special or general, so provides. On the other hand,
there is implied consent when the state "enters into a contract or it itself commences
litigation.”
 However, it must be clarified that when a state enters into a contract, it does not automatically
mean that it has waived its non-suability. The State "will be deemed to have impliedly waived
its non-suability [only] if it has entered into a contract in its proprietary or private capacity.
However, when the contract involves its sovereign or governmental capacity, no such waiver
may be implied.

Statutes liberally construed

 Construction in favor of labor

 Rules of court construction
 Election law
 Retirement laws

Prospective and retroactive statutes

 A prospective statute is one which operates upon facts or transactions that occur after the
statute take effect, one that looks and applies to the future.
 A retroactive law is a law which created a new obligation, imposes a new duty or attaches a
new disability in respect to a transaction already past.

Law operates prospectively, generally

 It is well settled rule of statutory construction that statutes are to be construed as having only
prospective operation unless the intendment of the legislature to give them a retroactive
effect is expressly declared or is necessary implied from the language of the law
 Lex prospici, non respicit - the law looks forward, not forward
 Lex de future, judex de praetorito - the law provides for the future, the judge for the past
 2022 | Stephen Neil Castaño Notes

Condonation Principle

 Provides that a re-elected public official cannot be removed for an administrative misconduct
committed during a prior term since his reelection to office effectively operates as a
condonation of his past misconduct to the extent of abolishing the right to remove him
therefor; reelection extinguishes administrative liability.

Retroactive statutes

 Article 4 of the Civil Code ordains explicitly that laws "have no retroactive effect, unless the
contrary is provided."
 The Constitution does not prohibit the enactment of retroactive statutes which do not impair
the obligations of contract, deprive persons of property without due process, or divest rights
that become vested.

Statutes given prospective application

 Art 21 of the RPC says that no felony shall be punishable by any penalty not prescribed by
law prior to its commission.
 No act or omission shall be held to be a crime nor its author punished except by virtue of the
law in force at the time the act was committed.
 Nullum crimen sine poena, nulla poena sine legis - there is no crime without a penalty and
there is no penalty without a law.

Ex post facto law

 A law which makes a criminal an act done before the passage of the law and which was
innocent when done and punishes such act;
 A law which aggravates a crime or makes it greater that it was when committed.
 A law which changes the punishment and inflicts a greater punishment than that annexed to
the crime when committed.
 A law which alters the legal rules of evidence and authorizes conviction upon less or different
testimony than the law required at the time of the commission of the offense.
 A law which assumes to regulate civil rights and remedies only but in effect imposes a penalty
or deprivation of right for something which when done was lawful.

Bill of attainder

 The constitutional ban against bills of attainder serves to implement the principle of
separation of powers by confining legislatures to rule-making and thereby forestalling
legislative usurpation of the judicial function.
 A bill of attainder is a legislative act which inflicts punishment without judicial trial.
 Anti-hazing law is not a bill of attainder.
 2022 | Stephen Neil Castaño Notes

 Section 14, paragraph 4 of the Anti-Hazing Law, which provides that an accused's presence
during a hazing is prima facie evidence of his or her participation, does not violate the
constitutional presumption of innocence.
 For a law to be considered a bill of attainder, it must be shown to contain all of the following:
"a specification of certain individuals or a group of individuals, the imposition of a
punishment, penal or otherwise, and the lack of judicial trial." The most essential of these
elements is the complete exclusion of the courts from the determination of guilt and
imposable penalty.

Not automatically found guilty

 Here, the mere filing of an Information against petitioner and her fellow sorority members is
not a finding of their guilt of the crime charged.
 Petitioner is not being charged merely because she is a member of the Tau Gamma Sigma
Sorority, but because she is allegedly a principal by direct participation in the hazing that led
to Abracia's death.
 As stated, these are matters for the trial court to decide; the prosecution must still prove these
offenses and the accused’s participation in it.

The word “shall”

 The use of the word "shall" underscores the mandatory character of the Rule.
 The term "shall" is a word of command, and one which has always or which must be given a
compulsory meaning, and it is generally imperative or mandatory.

The word “may”

 The use of the word "may" clearly shows that it is directory in nature and not mandatory as
petitioner contends. When used in a statute, it is permissive only and operates to confer
discretion; while the word "shall" is imperative, operating to impose a duty which may be
enforced.
 In the case of Filipino vs. Macabuhay, the Court ruled that it is discretionary upon the
Ombudsman whether or not to conduct an investigation on a complaint even if it was filed
after one year from the occurrence of the act or omission complained of. In fine, the complaint
is not barred by prescription.
 The word "may" is an auxiliary verb showing among others the opportunity or possibility.
 Under ordinarv circumstances, the phrase' "may be" implies the possible existence of
something.
 The word "may" in a statute denotes that it is directory in nature.
 The "word" may is generally permissive only and operates to confer discretion.
 2022 | Stephen Neil Castaño Notes

Mandatory statutes

 Mandatory statute is a statute which commands either positively that something be done or
performed in a particular way or negatively that something be not done leaving the person
concerned no choice on the matter except to obey.
 Statutes using words of command such as: shall, mist, ought or should or probation such as
"cannot, shall not and ought not are regarded as mandatory.

Negative statute

 A negative statute is mandatory.

 It is one expressed in negative words or in the form of an affirmative proposition qualified by
the word "only", said word having the force of an exclusionary negation.
 Negative word “no”

Directory statutes

 Statutes prescribing the requirements as to the manner of judicial action that judges should
follow in the discharge of their functions are as a rule merely directory.

Period within which to decide is merely directory

 It has been held that a statute requiring rendition of judgment within a specified time is
generally construed to be merely directory so that non-compliance with them does not
invalidate the judgment on the theory that if the statute had intended such result it would be
have clearly indicate.
 In the case of Marcelino vs. Cruz, the petitioner sinks release from detention on the ground of
loss of jurisdiction of the trial court allegedly because its judge failed to decide his case 90
days from the date of its submission. The main opinion states that the 90-day period was not
exceeded in this case. But exceeded or not, a decision rendered by an inferior court outside
of the 90-day period is not void for loss of jurisdiction. To hold otherwise is to make the
administration of justice depend heavily on the frailities of a human judge.