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Statutory-Construction-Lecture-Notes - PDF 2
Statutory-Construction-Lecture-Notes - PDF 2
STATUTORY CONSTRUCTION
CHAPTER I
PRELIMINARY CONSIDERATIONS
c) Supreme Court is the one and only Constitutional Court and all other
lower courts are statutory courts and such lower courts have the power
to construe and interpret written laws.
d) Judicial Functions of the Court: To interpret and apply the law
B) Simply stated, the situs of construction and interpretation of written laws
belong to the judicial department.
CHAPTER II
STATUTES
I. LEGISLATIVE PROCEDURES
A) A bill before it becomes a law must pass the strict constitutional requirements
explicit both in the 1973 Constitution and the 1987 Constitution.
NOTE: Under the present 1987 Constitution, after the third and final
reading at one House where the bill originated, it will go to the other
House where it will undergo the same process. It there is variance in the
proposed bill by the House of Representative and Senate version of the
bill, it may pass through the powerful bicameral conference committee
which can introduce amendments to suit both houses of Congress. This is
also known as the compromise bill.
NOTE: There can also be a simultaneous parallel discussion of a bill by
both houses of Congress, which usually happens on urgent legislative
measure.
9. After the bill has been passed, it will be submitted to the President for
approval. If he disapproves, he shall veto it and return the same with his
objections to the National Assembly (House where it originated), and if
approved by two-thirds of all its members, shall become a law.
Under the present set-up, if the originating house will agree to pass the
bill, it shall be sent, together with the objections to the other house by
which it shall be likewise be considered and must be approved by two-
thirds of the votes. Every bill passed by Congress shall be acted upon by
the President within thirty (30) days from receipt thereof. Otherwise, it
shall become a law (Art. VI, Sec. 27(1), 1987 Constitution).
V. KINDS OF STATUTES
A) General Law – One that affects the community at large. That which affects
all people of the state or all of a particular class.
E) Private Law – Those portions of the law that defines, regulates, enforces and
administers relationships among individuals, associations and corporations.
F) Remedial Statute – A statute providing means or method whereby causes of
action may be affectuated, wrongs redressed and relief obtained.
G) Curative Statute – a form of retrospective legislation which reaches back
into the past to operate upon past events, acts or transactions in order to
correct errors and irregularities and to render valid and effective many
attempted acts which would otherwise be ineffective for the purpose
intended.
H) Penal Statute – A statute that defines criminal offenses, specify
corresponding fines and punishments.
I) Prospective Law – applicable only to cases which shall arise after its
enactment.
J) Retrospective Law – looks backward or contemplates the past; one which is
made to affect acts or facts occurring, or rights occurring, before it came into
force.
K) Affirmative Statute – A statute couched in affirmative or mandatory terms;
directs the doing of an act, or declares what shall be done in contrast to a
negative statute which is one that prohibits the things from being done, or
declares what shall not be done.
L) Mandatory Statutes – generic term describing statutes which require and
not merely permit a course of action.
1. A mandatory provision in a statute is one the omission of which renders
the related proceedings void.
2. A directory provision, on the other hand, is one the observance of which
is not necessary to the validity of the proceedings.
B) It is a rule of legal hermeneutics that “an act which purports to set out in
full all that it intends to contain, operates as a repeal of anything omitted
which was contained in the old act and not included in the mandatory act.”
C) The repeal of a penal law deprives the court of jurisdiction to punish persons
charged with a violation of the old penal law prior to its repeal (People vs.
Tamayo, 61 Phil. 225 [1935]).
D) Only a law can repeal a law. Art. 7 of the Civil Code of the Philippines
provides: “Laws are repealed only by subsequent ones and their violation of
non-observance shall not be excused by disuse, or custom, or practice to the
contrary.”
E) The intention to repeal must be clear and manifest, otherwise, at least, as a
general rule, the later act is to be construed as a continuation of, and not a
substitute for, the first act.
1. The question of whether a particular law has been repealed or not by a
subsequent law is a matter of legislative intent.
F) Two (2) categories of repeal by implication:
1. Where provision in the two acts on the same subject matter are in an
irreconcilable conflict;
2. If the later act covers the whole subject of the earlier one and is clearly
intended as a substitute – to be a complete and perfect system in itself.
VIII. ORDINANCE
A) Ordinance – An act passed by the local legislative body in the exercise of its
law-making authority.
1. Under the Local Government Code of 1991, the legislative bodies
of the local government, which have the authority to approve
ordinances and pass resolutions, are:
a) Sangguniang Barangay (Sec. 390)
b) Sangguniang Bayan (Municipality) (Sec. 446)
c) Sangguniang Panlungsod (City) (Sec. 457)
d) Sangguniang Panlalawigan (Province) (Sec. 467)
B) TEST OF VALID ORDINANCE
1. Must NOT contravene the Constitution or any statute;
2. Must NOT be unfair or oppressive;
3. Must NOT be partial or discriminatory;
4. Must NOT prohibit but may regulate trade;
5. Must be general and consistent with public policy; and
6. Must NOT be unreasonable.
C) REASON WHY AN ORDINANCE SHOULD NOT CONTRAVENE A STATUTE
1. Municipal governments are ONLY AGENTS of the national government.
Local councils exercise only delegated legislative powers conferred on
them by Congress as the national lawmaking body.
2. Municipal corporations owe their origin to, and derive their power and
rights wholly from the legislature.
3. By and large, however, the national legislature is still the principal of the
local government units, which cannot defy its will or modify or violate it.
(Magtajas vs. Pryce Properties Corporation, Inc., infra.) The delegate
cannot be superior to the principal.
CHAPTER III
BASIC GUIDELINES IN THE CONSTRUCTION AND INTERPRETATION OF LAWS
I. LEGISLATIVE INTENT
A) The object of all interpretation and construction of statutes is to ascertain
the meaning and intention of the legislature, to the end that the same
may be enforced.
1. Basic Foundation/Guideline: To give effect to the legislative intent.
2. Legislative intent is determined principally from the language of the
statute (Socorro Ramirez vs. Hon. Court of Appeals and Esther Garcia, G.R.
No. 93833, September 25, 1995, 248 SCRA590).
3. In order to determine the true intent of the legislature, the particular
clauses and phrases of the statute should not be taken as detached and
isolated expressions, but the whole and every part thereof must be
considered in fixing the meaning of any of its parts (Commissioner of
Customs vs, Esso Standard Eastern, Inc., 66 SCRA 113 [1975]).
II. VERBA LEGIS or PLAIN MEANING RULE
A) It is a RULE in statutory construction that if the statute is clear, plain, and free
from ambiguity, it must be given its literal meaning and applied without
interpretation (Republic vs. Lacap, 517 SCRA 255).
1. The primary rule in addressing any problem relating to the understanding
or interpretation of a law is to examine the law itself to see what it plainly
says. This is the PLAIN MEANING RULE of statutory construction (Request
of Court of Appeals Justices Vicente S.E. Veloso, Angelita A. Gacutan, and
Remedios A. Salazar Fernando for Computation/Adjustment of Longetivity
Pay, 8-07-CA, June 16, 2015; A.M. No. 12-9-5-SC; A.M. No. 13-02-07 SC).
a) “In the Judiciary” – meaning is explained using the verbal legis rule.
Longetivity pay is paid only to judges and justices who rendered
services in the Judiciary. (Request of CA Justices Vicente S.E. Veloso,
Angelita A. Gacutan, and Remedios A. Salazar-Fernando for
Computation/Adjustment of Longetivity Pay).
b) Art. 279 of the Labor Code “An employee who is unjustly dismissed
from work shall be entitled to reinstatement…” – Interpreted using
verbal egis rule. (Globe-Mackay Cable and Radio Corporation v.
National Labor Relations Commission and Imelda Salazar)
B) When the language of the law is clear, it should be given its natural meaning.
1. Basbacio v. Office of the Secretary, DOJ
a) “Unjustly convicted” -
C) If the language of the statute is plain and free from ambiguity, and express a
single, definite, and sensible meaning, that meaning is conclusively presumed
to be the meaning which the legislature intended to convey. In other words,
the statute must be interpreted literally.
V. CASUS OMISSUS
A) 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, it is called a “casus omissus”. Such omissions or defects
cannot be supplied by the courts.
B) The rule of “CASUS OMISSUS PRO OMISSO HABENDUS EST” can operate
and apply only if and when the omission has been clearly established
PP vs. Guillermo Manantan, G.R. No. L-14129, July 31, 1962, 5 SCRA 684
i. Cassus Omissus is not applicable as the legislature did not exclude or
omit justices of the peace from engaging in partisan political activities.
Rather they were merely called by another term “judges.”
CHAPTER IV
CONSTRUCTION AND INTERPRETATION OF WORDS AND PHRASES
2. The courts should administer the law NOT as they think it ought to be but
as they find it and without regard to consequences.
3. If the law makes no distinction, neither should the Court.
i. “Appeal” – PD No. 1990 does not make distinction between
meritorious and unmeritorious appeal and so neither should the
Court (PP v. Hon. Judge Antonio C. Evangelista and Guildo S.
Tugonon).
exclusio alterius, the mention of one thing implies the exclusion of another
thing not mentioned. Since only the barrios of Dingrasare named in RA
3753, the territory of Nueva Era is therefore excluded. (Municipality of
Nueva Era, Ilocos Norte v Municipality of Marcos, Ilocos Norte)
Use of the word “may” in the statute generally connotes a permissible thing, and
operates to confer discretion while the word “shall” is imperative, operating to
impose a duty which may be enforced.
The word “must” in a statute like “shall” is not always imperative and may be
consistent with an exercise discretion.
“And” means conjunction connecting words or phrases expressing the idea that the
latter is to be added or taken along with the first.
COMPUTATION OF TIME
When the laws speak of years, months, days or nights, it shall be understood that
years are of three hundred sixty five days each; months of thirty days; days of twenty
–four hours; and nights from sunset to sunrise.
If months are designated by their name, they shall be computed by the number of
days which they respectively have.
In computing a period, the first day shall be excluded, and the last day included (Art.
13, New Civil Code).
A “week” means a period of seven consecutive days without regard to the day of the
week on which it begins.
Proviso is a clause or part of a clause in the statute, the office of which is either to
except something from the enacting clause, or to qualify or restrain its generality, or
to exclude some possible ground of misinterpretation of its extent.
CHAPTER V
PRESUMPTIONS IN AID OF CONSTRUCTION AND INTERPRETATION
I. PRESUMPTIONS
A) In construing a doubtful or ambiguous statute, the Courts will presume that it
was the intention of the legislature to enact a valid, sensible and just law, and
one which should change the prior law no further than may be necessary to
effectuate the specific purpose of the act in question.
A) In the interpretation of a statute, the Court should start with the assumption
that the legislature intended to enact an effective statute.
1. About: Danilo Paras’ petition for recall which was approved by COMELEC.
Hence, recall election was scheduled, but was re-scheduled for 3 rd time
due to legal remedies availed by petitioner.
2. Argument: Citing Section 74 (b) of Republic Act No. 7160, otherwise
known as the Local Government Code, which states that "no recall
shall take place within one (1) year from the date of the official's
assumption to office or one (1) year immediately preceding a
regular local election", petitioner insists that the scheduled January 13,
1996 recall election is now barred as the Sangguniang Kabataan (SK)
election was set by Republic Act No. 7808 on the first Monday of May
1996, and every three years thereafter.
3. Issue: Whether or not the SK election can be considered a regular local
election
4. Held: NO, SK election is not a regular local election; otherwise, no recall
election can be conducted rendering inutile the recall provision of the
Local Government Code. In interpreting a statute, the Court assumed that
the legislature intended to enact an effective law. An interpretation
should be AVOIDED under which a statute or provision being construed is
defeated, meaningless, inoperative or nugatory.
CHAPTER VI
INTRINSIC AIDS IN CONSTRUCTION AND INTERPRETATION
I. INTRINSIC AIDS
A) The very term “intrinsic” means internal or within.
B) Intrinsic aids, therefore, are those aids within the statute.
C) If the language of the statute is clear and unequivocal, there is no need to
resort to intrinsic aids.
D) In resorting to intrinsic aids, one must go back to the parts of the statute.
The intent of the law as culled from its preamble and from the situation,
circumstances and conditions it sought to remedy, must be enforced.
CHAPTER VII
EXTRINSIC AIDS IN CONSTRUCTION AND INTERPRETATION
EXTRINSIC AIDS
Extrinsic aids are existing aids from outside sources, meaning outside from the four
corners of the statute.
Extrinsic aids are resorted to after exhausting all the available intrinsic aids and still
there remain some ambiguity in the statute.
The best interpreter of the law or any of its provisions is the author of the law.
CHAPTER VIII
STRICT AND LIBERAL CONSTRUCTION AND INTERPRETATION OF STATUTES
GENERAL PRINCIPLES
But the rule of strict construction is not applicable where the meaning of the statute
is certain and unambiguous, for under these circumstances, there is no need for
construction.
On the other hand, there are many statutes which will be liberally construed. The
meaning of the statute may be EXTENDED to matters which come within the
spirit or reason of the law or within the evils which the law seeks to suppress or
correct.
PENAL STATUTES
Penal laws are to be construed strictly against the state and in favor of the
accused. Hence, in the interpretation of a penal statute, the tendency is to subject it
to careful scrutiny and to construe it with such strictness as to safeguard the right of
the accused.
TAX LAWS
Taxation is a destructive power which interferes with the personal and property rights
of the people and takes from them a portion of their property for the support of the
government.
Accordingly, in case of doubt, tax statutes must be construed strictly against the
government and liberally in favor of the taxpayer, for taxes, being burdens, are not
to be presumed beyond what the applicable statute expressly and clearly declares.
Any claim for exemption from a tax statute is strictly construed against the taxpayer
and liberally in favor of the state.
NATURALIZATION LAW
INSURANCE LAW
The sympathy of the law on social security is towards its beneficiaries and the law by
its own terms, requires a construction of utmost liberality in their favor.
RETIREMENT LAWS
Retirement laws are liberally interpreted in favor of the retiree because the intention
is to provide for the retiree’s sustenance and comfort, when he is no longer capable
of earning his livelihood.
ELECTION RULES
Statute providing for election contests are to be liberally construed to the end that
the will of the people in the choice of public officer may not be defeated by mere
technical objections.
RULES OF COURT
CHAPTER IX
PROSPECTIVE AND RETROSPECTIVE STATUTES
GENERAL PRINCIPLES
Prospective statute – is a statute which operates upon acts and transactions which
have not occurred when the statute takes effect, that is, which regulates the
future.
The Civil Code of the Philippines follows the above rule thus: Laws shall have no
retroactive effect, UNLESS the contrary is provided.
Retroactive legislation is looked upon with disfavor, as a general rule and properly so
because of its tendency to be unjust and oppressive.
PENAL STATUTES
Penal statutes as a rule are applied prospectively. Felonies and misdemeanors are
punished under the laws in force at the time of their commission. (Art. 366, RPC).
CURATIVE STATUTES
They are those which undertake to cure errors and irregularities and administrative
proceedings, and which are designed to give effect to contracts and other
transactions between private parties which otherwise would fail of producing their
intended consequences by reason of some statutory disability or failure to comply
with some technical requirement. They are therefore retroactive in their
character.
CHAPTER X
CONFLICTING STATUTES
It may happen that in a statute, conflicting clauses and provisions may arise. If such
situation may occur, the statute must be construed as a whole.
Statutes that relate to the same subject matter, or to the same class of persons or
things, or have the same purpose or object.
Sometimes we find statutes treating a subject in general terms and another treating
a part of the same subject in particularly detailed manner.
If both statutes are irreconcilable, the general statute must give way to the special or
particular provisions as an exception to the general provisions.
This is so even if the general statute is later enactment of the legislature and broad
enough to include the cases in special law unless there is manifest intent to repeal or
alter the special law.
If there is conflict an ordinance and a statute, the ordinance must give way.
When there is irreconcilable repugnancy between a proviso and the body of a statute,
the former prevails as latest expression of legislative intent.
The enactment of a later legislation which is general law cannot be construed to have
repealed a special law.
Where the instrument is susceptible of two interpretations, one which will make it
invalid and illegal and another which will make it valid and legal, the latter
interpretation should be adopted.
CHAPTER XI
CONSTRUCTION AND INTERPRETATION OF THE CONSTITUTION
Under the doctrine of constitutional supremacy, if a law or contract violates any norm
of the constitution, that law or contract whether promulgated by the legislative, or by
the executive branch or entered into by private persons for private purposes is null
and void and without any force or effect.
Thus a constitutional provision is self-executing if the nature and extent of the right
conferred and the liability imposed are fixed by the constitution itself.
1. The Court in construing a Constitution should bear in mind the object sought to
be accomplished by its adoption, and the evils, if any, sought to be prevented or
remedied.
2. One provision of the Constitution is to be separated from all the others, to be
considered alone, but that all provisions bearing upon a particular subject are to
be brought into view and to be interpreted as to effectuate the great purposes of
the instrument.
3. The proper interpretation of the Constitution depends more on how it was
understood by the people adopting it than the framer’s understanding thereof.
Under THE 1973 Constitution, those born of Filipino fathers and those born of Filipino
mothers with an alien father were placed on equal footing. They were both
considered as natural-born citizens.
A liberal construction of the “one title-one subject” rule has been invariably adopted
by the court so as not to cripple or impede legislation.
The title expresses the general subject and all the provisions are germane to the
general subject.
SUPREMA LEX
It is time-honored that the Constitution is the Supreme Law of the land. It is the law
of all laws. Hence, if there is conflict between a statute and the Constitution, the
statute shall yield to the Constitution.
STARE DECISIS
Judicial decisions applying or interpreting the laws or the Constitution shall form part
of the legal system of the Philippines.
CONCLUSION
CHAPTER XII
RECENT CASES ON STATUTORY CONSTRUCTION
Statutes that are remedial, or that do not create new or take away
vested rights, do not fall…