INTRO (CLM1) – MODULE 2: Law and Its Application 1

MODULE 2
LAW AND ITS APPLICATION
WEEK 2 – 6 August 2018

STATUTE DEFINED AND DIFFERENTIATED FROM LAW

❶ What are ‘statutes’? - A Statute is an act of the legislature, adopted

pursuant to its constitutional authority, by prescribed means and in certain
form such that it becomes the law governing conduct within its scope.
Statutes are enacted to prescribe conduct, define crimes, create inferior
governmental bodies, appropriate public funds, and in general promote the
public good and welfare.

❷ ‘Statutes’ and ‘laws’ distinguished. – The term “statute” has often been
used interchangeably with the term “law.” In our jurisdiction in particular,
the synonymous acceptation given is due to the fact that the principal
source of law is legislation. In a strict sense, however, the two terms are
not synonymous. It may be said, by way of distinction, that all statutes are
laws, but not all laws are statutes.

⮲ A statute is defined as the written will of the legislature rendered

authentic by certain prescribed forms and solemnities, prescribing rules of
action of civil conduct. Sometimes, the term also means a law directly
passed by the legislative body of the State. As a rule, it is the product of
the exercise of legislative power. On the other hand, a law may have been
the result of commonly approved custom, practice or tradition, carried over
for a considerable period by precedent and laid down as a rule of authority.
❸ Who makes laws? - Under the Constitution of the Republic of the
Philippines (1987), the legislative power, or the power to propose, enact,
repeal and amend laws, "shall be vested in the Congress of the Philippines
which shall consist of a Senate and a House of Representatives, except to
the extent reserved to the people by the provision of initiative and
referendum." [Sec. 1, Article VI, The Constitution of the Republic of the
Philippines (1987)].

⮲ Laws or statutes are made by lawmakers in the Philippine Legislature

that is also called the Congress of the Philippines. Congress has two
chambers or houses – the House of Representatives (Lower House) and
the Senate (Upper House).

⮲ The Senate has 24 seats, half of which are voted on by the nation
every 3 years. Each Senator serves a 6-year term. They cannot serve for
more than 2 consecutive terms.

⮲ The House of Representatives, on the other hand, is composed of

292 representatives serving 238 districts and 47 party lists. They serve a
INTRO (CLM1) – MODULE 2: Law and Its Application 2

3-year term, and can be re-elected but cannot go beyond 3 consecutive

terms.

❹ BRIEF PHILIPPINE LEGISLATIVE HISTORY.

When our country was under American colonial rule, the legislative
body was the Philippine Commission which existed from September, 1900
to October, 1907. The President of the United States appointed the
members of the Philippine Commission. The Philippine Bill of 1902
mandated the creation of a bicameral or a two-chamber Philippine
Legislature with the Philippine Commission as the Upper House and the
Philippine Assembly as the Lower House. This bicameral legislature was
inaugurated in October, 1907. Through the leadership of then Speaker
Sergio Osmeña and then Floor Leader Manuel Quezon, the Rules of the
59th Congress of the United States was substantially adopted as the Rules
of the Philippine Legislature. In 1916, the Jones Law changed the
legislative system. The Philippine Commission was abolished, and a new
bicameral Philippine Legislature consisting of a House of Representatives
and a Senate was established. The legislative system was changed again
in 1935. The 1935 Constitution established a unicameral National
Assembly. But in 1940, through an amendment to the 1935 Constitution, a
bicameral Congress of the Philippines consisting of a House of
Representatives and a Senate was created. Upon the inauguration of the
Republic of the Philippines in 1946, Republic Act No. 6 was enacted
providing that on the date of the proclamation of the Republic of the
Philippines, the existing Congress would be known as the First Congress of
the Republic. The 1973 Constitution abolished the bicameral Congress
and created a unicameral Batasang Pambansa in a parliamentary system
of government. The 1987 Constitution restored the presidential system of
government together with a bicameral Congress of the Philippines.

❺ WHAT ARE THE PARTS OF A STATUTE?

(a) Title – The title of the statute is the heading on the preliminary
part, furnishing the name by which the act is individually known.
⮚ Example: “Philippine Medical Technology Act of 1969.”

(b) Preamble – That part of the statute explaining the reasons for
its enactment and the objects sought to be accomplished.

(c) Enacting Clause – That part of the statute which declares its
enactment and serves to identify it is an act of legislation proceeding from
the proper legislative authority.

⮚ Example: "Be it enacted by the Senate and House of

Representatives of the Philippines in Congress assembled."
INTRO (CLM1) – MODULE 2: Law and Its Application 3

(d) Body – The main and operative part of the statute containing
its substantive and even procedural provisions. Provisos and exemptions
may also be found in the body of the statute.

(e) Repealing Clause – That part of the statute which announces

the prior statutes or specific provisions which have been abrogated by
reason of the new law.

⮚ Example: “SECTION XX. Repealing Clause - All laws, decrees,

orders, rules and regulations, other issuances, or parts thereof
inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.”

(f) Saving Clause – A restriction in a repealing act, which is

intended to save rights, pending proceedings, penalties, etc., from the
annihilation which would result from an unrestricted repeal.

(g) Separability Clause – That part of the statute which provides

that in the event that one or more provisions are declared void or
unconstitutional, the remaining provisions shall still be in force and effect.

⮚ Example: “SECTION XX. Separability Clause. - If any portion or

provision of this Act is declared void or unconstitutional, the
remaining portions or provisions thereof shall not be affected by
such declaration”.

(h) Effectivity Clause – This part of the bill provides for the date
when the law will take effect. Effectivity dates depend on the nature and
type of law enacted.

⮲ Simple laws usually take effect after fifteen (15) days following the
completion of their publication either in the Official Gazette or in a
newspaper of general circulation pursuant to Article 2 of the Civil Code.

⮲ Other laws provide for their own dates of effectivity such as the Local
Government Code, to wit:

⮚ “SEC. 536. Effectivity Clause. - This Code shall take effect on

January first, nineteen hundred ninety-two, unless otherwise
provided herein, after its complete publication in at least one (1)
newspaper of general circulation.”

❻ HOW ARE STATUTES REFERRED TO? – Statutes may be referred to

as an Act or Presidential Decree or some other term. This indicates that the
statute was passed during a certain period, as follows:

🖎 4,275 ACTS - Enactments from 1900-1935

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🖎 733 Commonwealth Acts - Enactments from 1935-1945

🖎 2034 Presidential Decrees - Enactments from 1972-1985

🖎 884 Batas Pambansa. - Enactments from 1979-1985

🖎 9335. Republic Acts - Enactments from 1946-1972, 1987- April 2005

🖎 During Martial Law, both President Marcos and the Batasang

Pambansa (Parliament) were issuing laws at the same time in the form of
Presidential Decrees (by President Marcos) and Batas Pambansa
(Parliament) .

🖎 During Martial Law, aside from Presidential Decrees, the President

promulgated other issuances namely: 57 General Orders, 1,525 Letters of
Instruction, 2,489 Proclamations, 832 Memorandum Orders, 1,297
Memorandum Circulars, 157 Letters of Implementation, Letters of Authority,
Letters of Instruction, 504 Administrative Orders, and 1,093 Executive
Orders.

🖎 The Presidential Decrees issued by Pres. Marcos during Martial Law

and the Executive Orders issued by Pres. Aquino before the opening of
Congress may be classified as legislative acts for there was no legislature
during those two periods.

🖎 Laws passed by the new 1987 Congress started from Rep. Act No.
6636, as the last Republic Act promulgated by Congress before Martial Law
was Rep. Act No. 6635.

❼ HOW ARE STATUTES ENACTED?

Some provisions in the 1987 Philippine Constitution relating to the

enactment of laws:

Sec. 26 (2), Art. VI. No bill passed by either House shall

become a law unless it has passed three readings on
separate days, and printed copies thereof in its final form
have been distributed to its Members three days before its
passage, except when the President certifies to the necessity
of its immediate enactment to meet a public calamity or
emergency. Upon the last reading of a bill, no amendment
thereto shall be allowed, and the vote thereon shall be taken
immediately thereafter, and the yeas and nays entered in the
Journal.

Sec. 27 (1), Art. VI. Every bill passed by the Congress

shall, before it becomes a law, be presented to the President.
If he approves the same, he shall sign it; otherwise, he shall
veto it and return the same with his objections to the House
where it originated, which shall enter the objections at large in
its Journal and proceed to reconsider it. If, after such
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reconsideration, two-thirds of all the Members of such House

shall agree to pass the bill, it shall be sent, together with the
objections, to the other House by which it shall likewise be
reconsidered, and if approved by two-thirds of all the
Members of that House, it shall become a law. In all such
cases, the votes of each House shall be determined by yeas
or nays, and the names of the Members voting for or against
shall be entered in its Journal. The President shall
communicate his veto of any bill to the House where it
originated within thirty days after the date of receipt thereof;
otherwise, it shall become a law as if he had signed it.

⮲ An Overview of How a Bill Becomes a Law. –

A. A bill may be introduced in the House of Representatives or

the Senate. A bill must relate to only one subject matter which must be
expressed in its title.

B. On FIRST READING, the title and number of the bill is read,

and then, it is referred to the appropriate committee.

C. A committee studies the bill and conducts hearings on it.

Thereafter, a committee report is prepared on the bill. A committee only
prepares a report on a bill it decides to recommend for approval by the
House. The committee report is read in open session, and together with
the bill, it is referred to the Rules Committee. The Rules Committee can
place the bill in the Second Reading Calendar or in the Calendar of
Unassigned Business.

D. On SECOND READING, a bill is subject to debate and

amendment before being placed in the Third Reading Calendar for final
passage. A bill must undergo three (3) readings on three (3) separate days,
except when the President certifies a bill as urgent to meet a public
calamity or national emergency.

E. After its passage by one house, the bill goes through the
same process in the other house.

F. If amendments are made in one house, the other house must

concur. If a house has a counterpart bill to a bill passed by the other house,
and these bills have conflicting provisions, a conference committee
composed of representatives of each house is formed to harmonize the
conflicting provisions. Thereafter, if the conflicting provisions are
harmonized, a conference committee report is prepared for ratification or
approval by both houses.

G. When the bill is passed by both houses, it is signed by their

respective leaders and sent to the President for approval.
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H. Once received by the Office of the President, the bill can take
one of three routes:
① Approved. Once it is approved by the President, it becomes a
Republic Act and takes effect after 15 days following the
completion of its publication in the Official Gazette or in a
newspaper of general circulation.
② Vetoed. The bill is returned to the originating house with an
explanation on why it was vetoed. The house can either accept the
veto or override it with a 2/3 (majority) vote, after which it is
essentially approved, and takes effect after 15 days following the
completion of its publication in the Official Gazette or in a
newspaper of general circulation.
③ Lapsed into law. A bill is said to have lapsed into law if the
President fails to act on it within 30 days after receiving the bill. It
takes effect after 15 days following the completion of its publication
in the Official Gazette or in a newspaper of general circulation.

EFFECTIVITY AND APPLICATION OF LAWS

❶ DATE OF EFFECTIVITY OF LAWS. 🡆 Under Article 2 of the New Civil

Code, “Laws shall take effect after fifteen (15) days following the
completion of their publication in the Official Gazette or in a newspaper of
general circulation, unless it is otherwise provided.”

A. Why is publication imperative?

B. Do all laws need to be published? What kind of laws need to be

published? What issuances need not be published?

C. The proviso of Article 2 of the Civil Code states, "unless it is

otherwise provided." – Does this clause refer to the date of effectivity?
Does this clause refer to the publication requirement itself?
C.1. Can Congress provide that a certain law will take effect five
days after its publication?
C.2. Can Congress provide that a certain law will take effect 60 days
after its publication?
C.3. What if Congress provides that a law shall take effect
immediately upon its approval, when will the law become effective?

⮲ The indispensability of the publication requirement under Article 2

of the Civil Code as a precondition to the effectivity of laws was laid to rest
in the landmark case of Tañada vs. Tuvera. This case involved the issue as
to when a law takes effect – upon approval of the President or after
publication. Due process was invoked by the petitioners in demanding the
disclosure of a number of presidential decrees which they claimed had not
been published as required by law. The government argued that while
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publication was necessary as a rule, it was not so when it was “otherwise

provided,” as when the decrees themselves declared that they were to
become effective immediately upon their approval.

The Supreme Court held that publication is indispensable, but the

legislature may in its discretion provide that the usual fifteen-day period
shall be shortened or extended. Moreover, the ponente of the decision
noted that it is not correct to say that under the disputed clause publication
may be dispensed with altogether. The reason is that such omission would
offend due process insofar as it would deny the public knowledge of the
laws that are supposed to govern it.

Further, the Court also stated that the conclusive presumption that
every person knows the law (Article 3, New Civil Code) presupposes that
the law has been published, if the presumption is to have any legal
justification at all. It is no less important to remember that the Bill of Rights
recognizes “the right of the people to information on matters of public
concern,” and this certainly applies to, among others, and indeed
especially, the legislative enactments of the government.

The Supreme Court then held that all statutes, including those of
local application and private laws, shall be published as a condition for their
effectivity, which shall begin fifteen days after publication, unless a different
effectivity date is fixed by the legislature. Covered by this rule are
presidential decrees and executive orders promulgated by the President in
the exercise of legislative powers whenever the same are validly delegated
by the legislature or, at present, directly conferred by the Constitution.
Administrative rules and regulations must also be published if their purpose
is to enforce or implement existing law pursuant also to a valid delegation.

Finally, the High Court held that publication must be in full or it is no

publication at all since its purpose is to inform the public of the contents of
the laws.

In Fariñas vs. COMELEC, the Supreme Court ruled that when the
effectivity clause of a law provides that it “shall take effect immediately upon
its approval,” it is defective. However, the same does not render the entire
law invalid. In such case, the 15-day rule on effectivity after publication is
complied with will apply.

👓 Read① theTañada
following cases in their original text:
vs. Tuvera, G.R. No. L-63915, April 24, 1985, 136 SCRA
27.
② Tañada vs. Tuvera, G.R. No. L-63915, Dec. 29, 1986, 146 SCRA
446
③ NEA vs. Gonzaga, G.R. No. 158761, Dec. 4, 2007.
④ Fariñas vs. COMELEC, G.R. No. 147387, Dec. 10, 2003, 417
SCRA 503.
INTRO (CLM1) – MODULE 2: Law and Its Application 8

❷ APPLICATION OF LAWS. 🡆 Each of the different forms of law –

customary law, case law, and statute law – calls for a different manner of
treatment when the judicial organs of the state apply them to concrete
cases brought before them for decision. In the case of customary law, it is
necessary for the party which avers that a custom governs the question
before the court to prove that such custom exists and possesses all the
qualities required of custom in order to be recognized by the courts. A
custom as a source of right cannot be considered by a court of justice
unless such custom is properly established by competent evidence like any
other fact. (Articles 11 & 12, NCC.)

With respect to case law, the courts in applying a decision seek what
is known as the ratio decidendi of the decision. By this is meant the
underlying principle of the decision. This is the only part of the judgment
which constitutes an authoritative precedent. All other statements in the
decision are called obiter dicta. These are not binding as precedent but
have only a persuasive effect. (Article 8, NCC.)

The application of statute law is a much simpler matter because the

law is expressed in the form of definite rules. However, it often happens
that a rule established by the legislative organ of the state is not as clear as
it should be. The statute may be expressed in terms which are ambiguous,
inconsistent or incomplete. In such cases, the courts have to resort to what
is known as statutory construction or interpretation. Since the subject of
interpretation of statutes is of great importance in our jurisdiction, statutes
being almost the exclusive source of our law, the topic shall be considered
at some length in this module.

A. Meaning and applicability of the maxim “ignorantia legis non

excusat”. (Art. 3, Civil Code.) –

⮲ Conclusive presumption of knowledge of laws. – By the maxim

“ignorantia legis non excusat” (ignorance of the law excuses no one from
compliance therewith) everyone is conclusively presumed to know the law.
Furthermore, actual notice is not required since constructive notice is
sufficient. Article 3 of the Civil Code is based on the constructive notice
that the provisions of the law are ascertainable from the public and official
repository where they are duly published. While the presumption is very far
from reality, the same has been established because of the obligatory force
of law. Evasion of the law would be facilitated, and the administration of
justice defeated, if persons could successfully plead ignorance of the law to
escape the legal consequences of their acts, or to excuse non-performance
of their legal duties. The rule is, therefore, dictated not only by expediency
but also by necessity.

⮲ Illustrative example: One accused of violating the law prohibiting

the capture of a Philippine Eagle may not interpose the defense that “I did
not know that it is a crime to capture a Philippine Eagle,” even if he were a
INTRO (CLM1) – MODULE 2: Law and Its Application 9

poor farmer living in a faraway forestland without access to broadcast and

print media. Without Article 2 of the Civil Code, one can just imagine the
difficulty on the part of the government prosecutor in proving the guilt of the
accused.

⮲ Laws covered. – The laws referred to under Article 3 of the Civil

Code are those of the Philippine laws. There is no conclusive presumption
of knowledge of foreign laws. Article 3 applies to all kinds of domestic laws,
whether civil or penal, substantive or remedial. However, the application of
the article is limited only to mandatory and prohibitory laws. It does not
include those which are merely permissive.

B. Prospectivity or irretrospectivity vs. retroactivity of laws. –

Prospectivity or irretrospectivity of laws only mean that a law can only be
applied after its effectivity date, while retroactivity of laws refer to the
application of a law even before its effectivity date except when it concerns
vested rights. In short, prospective laws look forward while retrospective
laws look backward.

⮲ Illustrative example: LAW A provides that it shall take effect

after 30 days following the completion of its publication on July 1, 2018.
The law became effective on August 1, 2018, and will continue to take
effect thereafter until it is repealed or struck down. Here, LAW A is
prospective in its application.

LAW B provides that it shall take effect after 20 days following the
completion of its publication on July 1, 2018, and that it shall have a
retroactive effect. The law became effective on July 22, 2018, and will
continue to take effect thereafter, but the law shall also be applied to things
and events that have happened in the past – i.e., prior to July 22, 2018.
Here, LAW B is both prospective and retroactive in its application, but its
retroactivity only comes into operation upon the effectivity of the law itself,
which is July 22, 2018.

⮲ General rule. – Generally, laws are to be applied prospectively.

(Article 4, Civil Code.) If the rule was that laws were retroactive, grave
injustice would occur, for these laws would punish individuals for violations
of laws not yet enacted. While ignorance of the law does not serve as an
excuse, such ignorance refers only to laws that have already been enacted.

⮲ Applicability to jurisprudence. – The rule on prospectivity of

laws applies to doctrines laid down by the Supreme Court, or the so-called
“judge-made laws” or “case law.” Judicial decisions, though not laws, are
evidence, however, of what the law means, and this is why they are part of
the legal system of the Philippines. (Article 8, NCC.) The interpretation
placed upon the written law by a competent court has the force of law.

⮚ When judicial decisions deemed part of the law. – The

application and interpretation placed by the Supreme Court upon a law
INTRO (CLM1) – MODULE 2: Law and Its Application 10

becomes a part of the law as of the date that law was originally passed or
enacted. This is so because the Supreme Court’s application and
interpretation merely establishes the contemporaneous legislative intent
that the construed law purports to carry into effect. (See People vs. Licera,
G.R. No. L-39990, July 22, 1975, 65 SCRA 270.)

⮲ Ex post facto laws. – Under Sec. 22, Article III of the 1987
Philippines Constitution, Congress is prohibited from enacting ex post facto
laws. Basically, an ex post facto law is one which makes a previous act
criminal although it was not so at the time it was committed. To be an ex
post facto, the law must: (1) refer to criminal matters; (2) be retroactive in
its application; and (3) prejudicial to the accused.

⮚ Penal Laws Favorable to the Accused. – Penal laws

shall have a retroactive effect insofar as they favor the person guilty of a
felony, who is not a habitual delinquent, although at the time of the
publication of such laws a final sentence has been pronounced and the
convict is serving the same.
⮚ The case of People vs. Rolando Valdez (G.R. No.
12763, March 11, 1999, 347 SCRA 594) is a good example of the
application of this principle. In this case, the accused was found guilty by
the trial court of two crimes: (1) murder for which he was sentenced to
suffer the death penalty; and (2) illegal possession of firearms and
ammunition under P.D. No. 1866 for which he was sentenced to suffer
reclusion perpetua. The crime was committed on September 1995. His
conviction was automatically reviewed by the Supreme Court. During the
pendency of the appeal, R.A. No. 8294 was enacted by Congress, which
became effective on June 21, 1997. Under the amendatory law, the illegal
possession or use of firearm may no longer be separately charged and only
one offense should be punished, viz., murder in this case, and the use of
unlicensed firearm should only be considered as an aggravating
circumstance. Applying Article 22 of the RPC, the Court ruled that R.A. No.
8294 should be applied retroactively in this case since it is favorable to the
accused. Thus, accused was found liable only for murder and the illegal
possession of firearm was merely treated as an aggravating circumstance.

C. Effectivity of Laws and Periods of Time. – Article 13 of the Civil Code

tells how to apply the terms used in the law that refer to periods of time.
Since the effectivity of laws commences at a specific point in time and may
also terminate particularly in one, the beginning and ending of the effectivity
of a law becomes crucial. When an act that is legal is declared criminal,
then every citizen will have to be aware when such act begins to be so. If
the law grants a benefit which may be availed of within a limited period,
when such benefit can no longer be claimed becomes a critical concern of
the intended beneficiary.

⮲ Legal periods in Article 13. – Article 13 of the Civil Code

provides:
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ART. 13. 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. (7a)

⮲ Legal periods in E.O. No. 292. – Subsequent to the effectivity of

the New Civil Code, the Administrative Code of 1987 (E.O. No. 292, issued
July 25, 1987) was enacted. Section 31, Chapter VIII, Book I thereof
provides:

Section 31. Legal Periods. “Year” shall be understood

to be twelve calendar months; ”month” of thirty days, unless it
refers to a specific calendar month in which case it shall be
computed according to the number of days the specific month
contains; “day”, to a day of twenty-four hours and; “night” from
sunrise to sunset.

⮲ Computing periods. – In computing a period, the first day is

excluded while the last day is included. (Article 13, NCC.)

⮚ Example: A defendant in an ordinary civil case is given,

under the rules, a period of fifteen days to file his Answer to a Complaint
counted from the receipt of the summons. If the summons is received by
defendant on March 1, the day of the receipt of the summons being
excluded in the counting of the fifteen-day period, the fifteen-day period will
therefore expire on March 16.

⮲ Implied repeal of Article 13 by Section 31. – For purposes of

computing the legal period, Article 13 has already been impliedly repealed
by the Administrative Code of 1987 insofar as the definition of “year” in
Article 13 is concerned. As ruled by the Supreme Court in CIR vs.
Primetown Property, Inc., G.R. No. 162155, August 28, 2007, 531 SCRA
446:
“A calendar month is a “month designated in the calendar
without regard to the number of days it may contain.” It is the
“period of time running from the beginning of a certain numbered
day up to, but not including, the corresponding numbered day of
the next month, and if there is not a sufficient number of days in
the next month, then up to and including the last day of that
month.” To illustrate, one calendar month from December 31,
2007 will be from January 1, 2008 to January 31, 2008; one
INTRO (CLM1) – MODULE 2: Law and Its Application 12

calendar month from January 31, 2008 will be from February 1,

2008 until February 29, 2008.”
Xxx xxx xxx
“Both Article 13 of the Civil Code and Section 31, Chapter
VIII, Book I of the Administrative Code of 1987 deal with the same
subject matter – the computation of legal periods. Under the Civil
Code, a year is equivalent to 365 days whether it is a regular year
or a leap year. Under the Administrative Code of 1987, however,
a year is composed of 12 calendar months. Needless to state,
under the Administrative Code of 1987 the number of days is
irrelevant.”

⮲ Six months is 180 days. – N. Paras was hired by Mitsubishi

Motors Philippines Corporation (Mitsubishi) on May 27, 1996. On
November 26, 1996, Paras received a notice of termination dated
November 25, 1996 informing him that his services were terminated
effective the said date since he failed to meet the required company
standards for regularization. Paras claims that he was already a regular
employee when he was terminated; hence, his termination should be only
for lawful cause. Mitsubishi counters that since Paras’ probationary
employment commenced on May 27, 1996, said employment expired on
November 27, 1996; hence, the termination of his employment was made
within the six-month probationary period. In resolving the issues in this
case, the Supreme Court ruled, inter alia, that:

“Applying Article 13 of the Civil Code, the probationary period

of six (6) months consists of one hundred eighty (180) days. This
is in conformity with paragraph one, Article 13 of the Civil Code,
which provides that the months which are not designated by their
names shall be understood as consisting of thirty (30) days each.
The number of months in the probationary period, six (6), should
then be multiplied by the number of days within a month, thirty
(30); hence, the period of one hundred eighty (180) days.

“As clearly provided for in the last paragraph of Article 13, in

computing a period, the first day shall be excluded and the last
day included. Thus, the one hundred eighty (180) days
commenced on May 27, 1996, and ended on November 23, 1996.
The termination letter dated November 2, 1996 was served on
respondent Paras only at 3:00 am. of November 26, 1996. He
was, by then, already a regular employee of the petitioner under
Article 281 of the Labor Code. (Mitsubishi Motors Philippines
Corporation vs. Chrysler Philippines Labor Union, G.R. No.
148738, June 29, 2004, 433 SCRA 206.)

⮲ 3:00 a.m. is nighttime. – A crime committed at 3:00 in the

morning is, being committed before sunrise, one committed at nighttime, an
INTRO (CLM1) – MODULE 2: Law and Its Application 13

aggravating circumstance. (People of the Philippines vs. Garcia, G.R. No.

L-30449, October 31, 1979, 94 SCRA 14.)

C.1. Assume that a law mandates the filing of an action within ten
(10) years from January 5, 2018. When is the last day to file the action, if it
should be filed within the prescriptive period of ten (10) years?

C.2. On March 1, 2018, Debbie borrowed P100,000.00 from Carlos

payable within ten (10) months. When is the last day for Debbie to pay the
P100,000.00 to Carlos?

C.3. Assume that the parties are given 15 days from receipt of an
adverse decision of the trial court within which to file an appeal to the Court
of Appeals. If a copy of the decision is received by the losing party on
August 1, 2018, when is the last day to appeal?

D. Theory of territoriality and generality. – We adhere in the Philippines

to that doctrine in criminal law known as the “theory of territoriality” which is
stated in Article 14 of the Civil Code, to wit: “Penal laws and those of public
security and safety shall be obligatory upon all who live or sojourn in
Philippine territory, subject to the principles of public international law and
to treaty stipulations.” Therefore, any person, whether citizen or alien, can
be punished for committing a crime here. Thus, the technical term
“generality” came into being. It means that, as a rule, our criminal law is
binding on all persons who live or sojourn in Philippine territory, whether
citizen or alien. This is because aliens owe some sort of allegiance even if
it be temporary.

⮲ Illustration of territoriality principle – Joe, an American citizen

residing in the Philippines, killed a Filipino in Manila. Prosecuted for the
crime of homicide, Joe cannot interpose the defense that being an
American citizen, he is not bound by Philippine laws.

E. Principle of nationality. – Article 15 of the Civil Code provides: “Laws

relating to family rights and duties or to the status, condition and legal
capacity of persons are binding upon citizens of the Philippines, even
though living abroad.” Article 15 is a rule of private international law, or a
conflicts rule, containing as it does a reference to a foreign element, such
as a foreign country. It stresses the principle of “nationality.”

⮲ Illustration of nationality principle – Article 68 of the Family Code

provides that “the husband and wife are obliged to live together, observe
mutual love, respect and fidelity, and render mutual help and support.”
Suppose, Maria and Jose, Filipino couple, are residing in Switzerland.
Assuming that under Swiss laws, the spouses are not obliged to support
each other. By the principle of nationality, since Maria and Jose are both
Filipinos, they are still governed by the Family Code even though they are
living abroad. Hence, the spouses are obliged to support each other.
INTRO (CLM1) – MODULE 2: Law and Its Application 14

❸ COURT’S DUTY TO DECIDE EVERY CASE. 🡆 A judge cannot decline

to render judgment by reason of the silence, obscurity or insufficiency of the
laws. (Article 9, New Civil Code.) In other words, whether or not he knows
what law shall be applied, the judge must decide the case assigned to him
one way or the other. In so doing, he has only his sense of justice to assist
him, one that results from the totality of the knowledge he has acquired
throughout the years of his existence.
⮲ In case of silence, obscurity or insufficiency of the laws, a judge
may still be guided by the following:
① Customs which are not contrary to law, public order or public
policy;
② Court decisions, foreign or local, in similar cases;
③ Legal opinions of qualified writers and professors;
④ General principles of justice and equity; and
⑤ Rules of statutory construction

⮲ Can courts legislate? – Our government is divided into three great

departments, namely: the executive, the legislature, and the judiciary. By
the doctrine of separation of powers, each department cannot encroach
into the respective domain of the other. These departments are made
separate and distinct because of the corrupting nature of power. Hence,
the legislature cannot undertake the execution of the law. Neither can the
executive legislate substantial law. The judiciary is tasked with resolving
legal controversies and interpreting statutes. In this sense, the judiciary
cannot legislate.
In another context, the judiciary may be said to engage in judicial
legislation for two reasons: First, because judicial decisions form part of
the legal system and have the force of law. Second, judges are authorized
to render judgment even in the absence, obscurity, or insufficiency of the
laws, and such judgment becomes part of the law of the land.
⮲ Does Article 9 apply to criminal cases? – In criminal cases,
however, it is an established rule that there is no crime when there is no law
punishing it – Nullum crimen, nulla poena sine lege. If there is no law,
therefore, which punishes an act complained of, the judge must dismiss the
case. This, in reality, is equivalent to a judicial acquittal.

❹ INTERPRETATION OF STATUTES. –

A. Statutory construction defined. – Statutory construction is the

act or process of discovering and expounding the meaning the intention of
the authors of the law with respect to its application to a given case, where
that intention is rendered doubtful, among others, by reason of the fact that
the given case is not explicitly provided for in the law.
INTRO (CLM1) – MODULE 2: Law and Its Application 15

B. ‘Construction’ distinguished from ‘interpretation’ –

‘Construction’ and ‘interpretation’ have the same purpose, and that is to
ascertain and give effect to the legislative intent. A distinction, however,
has been drawn between ‘construction’ and ‘interpretation’. One who
interprets makes use of intrinsic aids or those found in the statute itself,
while one who constructs makes use of extrinsic aids or those found
outside of the written language of the law. Based on this distinction, the
basic rule therefore is – ONE MUST INTERPRET FIRST BEFORE HE
CONSTRUES. In other words, in trying to ascertain the legislative intent,
courts should first be guided by intrinsic aids, or those found in the law
itself. If the legislative intent could be ascertained by merely making use of
intrinsic aids, there is no need to make use of extrinsic aids, or those found
outside of the written language of the law.
⮲ Intrinsic aids are any of the following: title, preamble, words,
phrases and sentences context; punctuation; headings and marginal notes;
and legislative definitions and interpretation clauses. All of these are found
in the law itself.
⮲ Extrinsic aids may consist of contemporaneous circumstances,
policy, legislative history of the statute, contemporaneous or practical
construction, executive construction, legislative construction, judicial
construction, and construction by the bar and legal commentators.

C. Object or purpose of interpretation and construction. – The

object of all interpretations is to ascertain the true meaning and the will of
the legislature. By its very nature, the art of interpretation properly belongs
to the province of the judiciary. While the function of interpreting and
constructing the law belongs to the judiciary, the executive and legislative
departments of the government, are not, however, precluded from making
their own interpretation. The courts, cannot, under the guise of
interpretation, enact laws by constructing statutes differently from their
intended meaning.

D. When is it necessary to interpret and construct? –

⮲ When necessary. – It is necessary to interpret or construct

when any of the following reasons exists:

① When the language of the statute is ambiguous, doubtful or obscure

when taken in relation to a set of facts; and
② When reasonable minds disagree as to meaning of the language used in
the statute.

⮲ When not necessary. – It is not necessary to interpret or

construct when the law speaks in clear and categorical language. The duty
of the court, in such a case, is to APPLY THE LAW, NOT TO INTERPRET.
INTRO (CLM1) – MODULE 2: Law and Its Application 16

E. Some basic rules in statutory construction. – There are many

rules of statutory construction, but in order not to saddle and confuse the
beginner in the study of law, it is enough in the meantime to know the most
basic rules, namely:
① When the law and its meaning is clear and unmistakable, there is no
need to interpret it any further;
② When construction or interpretation is necessary, the court should
interpret the law according to the meaning the legislature intended to
give it;
③ If there are two possible interpretations of a law, that which will achieve
the ends desired by Congress should be adopted;
④ Laws of pleading, practice and procedure are likely liberally construed in
order to promote their object and to assist the parties in obtaining just,
speedy and inexpensive determination of every action and proceeding;
and
⑤ In case of doubt in the interpretation and application of laws, and when
all other rules of statutory construction fail, it is presumed that the
lawmaking body intended right and justice to prevail.

REMINDERS:

1. Please memorize the following articles in the Civil Code: 2, 3, 14,

and 15.
2. Read all cited cases in this module in their original text.

HAPPY READING & LEARNING! 

* * * END * * *

SOURCES of NOTES:

The discussions outlined in this module have been

collectively lifted from the cases cited and commentaries
made by the authors in the references cited below:

1. David Robert C. Aquino. Introduction to Law (Quezon City: Central

Book Supply, Inc., 2017).
2. Virgilio P. Alconera. Law, Persons and Family Relations (Quezon
City: Central Book Supply, Inc., 2010).
INTRO (CLM1) – MODULE 2: Law and Its Application 17

3. Rodelio T. Dascil. Threshold to the Legal Profession: An

Introduction to Law (Manila: Rex Book Store, 2013).
4. Melquiades J. Gamboa. An Introduction to Philippine Law (Quezon
City: Central Lawbook Publishing Co., Inc., 1969).
5. Ruperto G. Martin. Introduction to Philippine Laws (Manila: Premium
Book Store, 1986).
6. Edgardo L. Paras. Civil Code of the Philippines, Vol. I (Manila: Rex
Book Store, Inc., 2002).
7. Elmer T. Rabuya. The Law on Persons and Family Relations
(Manila: Rex Book Store, Inc., 2006).
8. Melencio S. Sta. Maria, Jr. Persons and Family Relations Law
(Manila: Rex Book Store, Inc., 2015).
9. Rolando A. Suarez. Introduction to Law (Manila: Rex Book Store,
Inc., 2017).

“Success depends upon previous preparation,

and without such preparation there is sure to be failure.”
Confucius