STATUTORY CONSTRUCTION

ATTY. JP ESPINOSA

Mira, Angela Bianca C.

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 LEGISLATION Duties of the Court
The legislative branch has the power to MAKE, ALTER, and 1. MERELY apply the law 4. JUDICIAL FIAT, or taking
REPEAL laws without usurping shortcuts through judicial
legislative powers decisions, is considered
Legislative Powers 2. SHOULD NOT engage in dangerous and should be
This power is vested in the bicameral Congress judicial legislation, modify, AVOIDED
revise, amend, distort, or 5. Trespassing on
Proclamation No. 3 - Freedom Constitution rewrite the law under the prohibited judicial
When the first Congress convened on 26 July 1987, the guise of interpretation legislation is to be
president merely had the powers of the Executive 3. SHOULD NOT preempt AVOIDED by the Court
History Congress and its power to
Ferdinand Marcos exercised legislative power make and enact laws.
during his time but Cory Aquino promulgated the
Freedom Constitution that allowed the President
continued to exercise legislative power UNTIL a Local Legislation
legislature was elected and convened under a new Through the Local Government Code, Congress delegated
constitution to the LGU’s the power to legislate

BICAMERAL CONGRESS OF THE PHILIPPINES Limitations of the LGU’s Legislative Power

Senate House of Representatives 1. They cannot be superior to Congress as
they are MERELY AGENTS of the national
24 senators elected by ≤ 250 elected from
government.
qualified voters legislative districts
2. CANNOT undo acts of Congress
apportioned among
3. Their ordinances CANNOT NEGATE the
provinces, cities, and the
mandate of the statutes
Metropolitan Manila area
4. They are NOT VESTED with blanket
authority to legislate on any subject they
Partylist Representatives
wish to in the guise of serving the
(PLR)
common good
20% of the seats are
Blanket authority - the state of being able
allotted for PLRs elected
to act immediately without having to gain
through a party-list system
approval for each action
of registered national,
regional, and sectoral
parties or organizations
● May be a district
representative or
a partylist
representative
● Registered with
COMELEC
● Regular members
of the HoRs upon
election

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Direct Legislation; Initiative and Referendum
The framers of the Constitution gave its citizens the power
to legislate through initiative and referendum
DIRECT LEGISLATION BY CITIZENS
INITIATIVE
Process of law-making by
the people themselves
without the participation
and against the wishes of
their elected
representatives
Entirely the work of the
electorate
all the people in a country or
area who are entitled to vote
in an election
More complex process and
voting
A weapon of the people to
negate government
malfeasance and
misfeasance
It is the power given to the
people to enact or reject
any act or law by Congress
or local legislative body
REFERENDUM
Consists merely of the
electorate approving or
rejecting what has been
drawn up or enacted by a
legislative body
Law-making body begins
a referendum
Simple “Yes” or “No” in the
ballot
Local referendum
Law-making body submits
to the registered voters of
its territorial jurisdiction an
ordinance or resolution
(duly enacted or approved
by such law-making
authority) for approval or
rejection
3 Ways a Bill Becomes Law
Procedure for Making Laws
BILL JOINT RESOLUTION
Must pass through 3
readings on separate May be adopted by both
days, EXCEPT if the houses of Congress as
President certifies the bill their own rules prescribe
as urgent
Before approval, printed
copies of the bill must be
distributed to members of
Passage rests on the
the both Houses, 3 days
discretion of both Houses
before it is passed,
UNLESS the President
certifies the bill as urgent
A bill approved by
Congress must be
presented to the President
for signature or veto
No need for the steps
No more amendments
indicated on the left
upon the last reading
Upon the last reading,
voting on the bill shall
immediately commence
The procedure CANNOT Procedure may be
be amended by acts of amended by acts of
Congress Congress
1. When the President signs it
2. When the President does not sign nor
communicate his veto of the bill within 30 days
after receiving it
3. When the vetoed bill is re-passed by Congress by
⅔ vote of all its members, voting separately.
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CONDENSED VERSION
The Secretary reports for the
first reading:
1. Reading the number
and title of the bil
FIRST READING
2. Its referral to the
appropriate
Committee for study
and recommendation
The bill shall be read in full
with the amendments
proposed by the Committee (if
any) unless copies thereof are
distributed and such reading is
SECOND READING
dispensed with.
After the amendments, the bill
will be voted on second
reading
If approved on second reading
will be submitted for final vote
by yeas and nays.
THIRD READING
No amendments may be
introduced (No Amendment
Rule)
If approved on the third
reading by one house, it will
be transmitted to the other
TRANSMISSION TO
house for concurrence, which
OTHER HOUSE
will follow the same
procedures as a bill originally
filed with it
If the other house introduces
amendments and the House
from which it originated does
not agree with said
amendments, the differences
will be settled by the
INTERVENTION OF
Conference Committee of both
CONFERENCE
chambers, whose report or
COMMITTEE
recommendation thereon will
have to be approved by both
Houses in order that it will be
considered passed by
Congress and thereafter sent
to the President for action
If the President shall veto it,
and if after such consideration,
PRESIDENTIAL ⅔ of all the Members of such
ACTION 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 ⅔ of all the
Members of that House, it
shall become a law
House of Representative’s Outline for the Enactment of
Laws
1. Preparation of the bill
The member or the bill drafting division of the
reference and research bureau prepares and drafts
the bill upon the member’s request.
2. First reading
a. The bill is filed with the bills and index
service and the same is numbered and
reproduced.
b. Three days after its filing, the same is
included in the order of business for first
reading.
c. On first reading, the Secretary General
reads the title and number of the bill. The
Speaker of the House refers the bill to the
appropriate committee/s
3. Committee consideration/action
a. The committee where the bill was referred
to evaluates it to determine the necessity
of conducting public hearings. If the
committee finds it necessary to conduct
public hearings it schedules such
hearings, issues public notices and invites
resource persons from the public and
private sectors, the academe and experts
on the proposed legislation. When the
committee finds that public hearings are
not needed it schedules the bill for
committee discussions.
b. Based on the result of the public hearings
or committee discussions, the committee
may introduce amendments, consolidate
bills on the same subject matter, or
propose a substitute bill. Thereafter it
prepares the corresponding committee
report.
c. The committee approves the committee
report and formally transmits the same to
the plenary affairs bureau.
4. Second reading
a. The committee report is registered and
numbered by the bills and index service. It
is included in the order of business and
referred to the committee on rules.
b. The committee on rules schedules the bill
for consideration on 2nd reading.
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 c. On 2nd reading, the secretary general
reads the number, title, and text of the bill,
and the following takes place:
i. Period of sponsorship and debate
ii. Period of amendments
iii. Voting, which may be by:
1. Viva voce
2. Count by tellers
3. Division of the house; or
4. Nominal voting
5. Third reading
a. The amendments, if there are any, are
engrossed and printed copies of the bill
are reproduced for third reading.
b. The engrossed bill is included in the
calendar of bills for third reading and
copies of the same are distributed to all
the members three days before its third
reading.
c. On 3rd reading, the Secretary General
reads only the number and title of the bill.
d. A roll call or nominal voting is called and a
member, if she desires, is given three
minutes to explain her vote. No
amendment on the bill is allowed at this
stage.
i. The bill is approved by an
affirmative vote of a majority of
the members present.
ii. If the bill is disapproved, the
same is transmitted to the
archives.
9. Transmittal of the bill to the President
Copies of the bill, signed by the Senate President
and the Speaker of the House of Representatives
and certified by both the Secretary of the Senate
and the Secretary General of the House, are
transmitted to the President.
10. President’s action on the bill
a. If the bill is approved by the president, it is
assigned an RA (Republic Act) number
and transmitted to the chamber where it
originated.
b. If the bill is vetoed, it is transmitted
together with a message citing the reason
for the veto, to the house where the bill
originated.
11. Action on approved bill
The bill is reproduced and copies are sent to the
Official Gazette office for publication and
distribution to the implementing agencies. It is then
included in the annual compilation of acts and
resolutions.
12. Action on vetoed bill
If Congress decides to override the veto, the House
and the Senate shall proceed separately to
reconsider the bill or the vetoed items of the bill. If
the bill or its vetoed items is passed by a vote of
two-thirds of the members of each house, such bill
or items shall become a law.

6. Transmittal of the approved bill to the Senate

The approved bill is transmitted to the Senate for
its concurrence.

7. Senate action on approved bill of the house

The bill undergoes the same legislative process in
the Senate.

8. Conference committee
a. A conference committee is constituted and
is composed of members from each house
of Congress to settle, reconcile, or thresh
out differences or disagreements on any
provision of the bill.
b. The conferees are not limited to
reconciling the differences in the bill but
may introduce new provisions germane to
the subject matter or may report an
entirely new bill on the subject.
c. The conference committee prepares a
report to be signed by all the conferees
and the chairman
d. The conference committee report is
submitted for consideration and approval
of both Houses. No amendment to the bill
is allowed at this point.
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Judicial Check on Congress 3. Under the Freedom Constitution, Congress had the
Supermajority Votes authority to repeal any laws promulgated by Cory
Aside from creating, the legislative branch has the power to when Congress was elected and convened
amend and repeal these laws
Congress may revoke statutory roles assigned to
government agencies and
Implied Substantive Limitations of Congress on their own government-owned-and-controlled corporations. It may
power to amend and repeal also grant/revoke exemptions already granted/revoked by a
1. Congress CANNOT self-impose limitations on its prior law
power to amend or repeal laws.
2. If Congress establishes a requirement for a higher KINDS OF REPEALS
number of votes to amend a law, the SC is EXPRESS IMPLIED
duty-bound to invalidate such an act, as it
Specifically If the provision of an old statute is
interferes with the comprehensive powers of
identifies prior inconsistent with the new one, it is
Congress
statute or impliedly repealed
3. Each House of Congress can pass bills with a
provision thereof
simple majority vote, assuming there is a quorum
24 which the new
a. Senate = 2
+ 1 statues repeal
250
b. House of Representatives = + 1
2 IRRECONCILABLE BY
4. The actions of one legislative session or Congress CONTRADICTION SUBSTITUTION
DO NOT legally bind or restrict the authority of
future legislatures or Congresses Provisions of 2 If the latter
acts on the same statute covers
Plenary Law-Making Power matter are the whole
A. The state legislature has irreconcilably subject matter of
plenary/absolute law-making power over contradictory the earlier one
all subjects within its territorial jurisdiction and is clearly
to introduce new laws or repeal the old intended to be a
UNLESS prohibited expressly or by substitute
implication by the federal constitution or
limited or restrained by its own
SIMPLE CHART ON REPEALS OF LAW
B. It CANNOT bind itself or its successors
AND
by enacting irrepealable laws except IF WAS BY WAS BY THEN
when so restrained THEN
C. Every legislative body may modify or
Impliedly Expressly Law 1
abolish the acts passed by itself or its
Repealed repealed is
predecessors by by revived
D. This power of repeal may be exercised at
the same session at which the original Expressly Expressly Law 1
act was passed and even while a bill is in repealed repealed is NOT
LAW
its progress and before it becomes a law LAW 1 by LAW 2 by revived
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E. This legislature CANNOT bind a future Expressly Impliedly
legislature to a particular mode of repeal repealed Repealed
F. It CANNOT declare in advance the intent by by Law 3
of subsequent legislatures or the effect of Impliedly Impliedly in place
subsequent legislation upon existing Repealed Repealed
statutes by by

Irrepealable Laws
Congress is PROHIBITED from passing irrepealable laws
1. It deprives succeeding legislatures of the power
to craft laws appropriate and suitable for the
current circumstances or conditions.
2. It leads to a stagnant legislative environment and
discourages the dynamic democratic changes that
can respond to the needs of the times
It promotes an unhealthy stasis in the legislative
front and dissuades dynamic democratic impetus
that may be responsive to the times.

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Unconstitutional Laws
It is NOT included in the power of Congress to enact or pass
unconstitutional laws. In the event that this happens, the
Supreme Court must not hesitate to declare such law or
act invalid.
As a Judicial Function
1. Determination of whether a law contravenes the
Constitution is within the jurisdiction of regular
courts.
a. Supreme Court e. Municipal Trial
b. Court of Appeals Courts in Cities
c. Regional Trial f. Municipal Trial
Courts Courts
d. Metropolitan Trial g. Municipal Circuit
Courts Trial Courts
2. The power to declare a law, treaty, international or
executive agreement, presidential decree, order,
instruction, ordinance, or regulation
unconstitutional (including the RTC)
3. On the Separation of Powers
Courts must act with restraint and proceed
cautiously when striking down acts of the other
branches of government so as not to overstep the
powers of the other branches – especially when
such powers were clearly delegated to Congress.
The Court cannot claim the duty of setting
the parameters of what constitutes dual
allegiance when the Constitution itself has
clearly delegated the duty of determining
what acts constitute dual allegiance for
study and legislation by Congress
What the Judicial branch may invalidate
a. When the acts of the executive and legislative
branches, or of any official, “betray the people’s will
as expressed in the Constitution
b. If laws or their effects would be unconstitutional
i. May be declared unconstitutional because
it is not within the legislative power to
enact
ii. Creates or establishes methods or forms
that infringe constitutional principles
iii. Purpose or effect violates the Constitution
or its basic principles.
Presumption of Constitutionality
● All reasonable doubts must be resolved in favor of
the constitutionality of a statute, considering that
all laws have in their favor the presumption of
constitutionality
● Until an actual controversy is raised to test the
law’s constitutionality it enjoys this presumption
● If it is to be struck down, there must be a clear and
unequivocal breach of the Constitution, not a
doubtful and argumentative one
When laws may be struck down
1. Clear proof of infraction of the
Constitution
2. If the required majority agrees that the
law in question does indeed violate the
Constitution
REMEMBER
Presumption of Separability
GR: Where part of a statute is void while another part is
valid, the valid portion, if susceptible to being
separated from the invalid, may stand and be
enforced.
EXPN: When the parts of the statute are so mutually
independent and connected, as conditions,
considerations, inducements, or compensations
for each other, as to warrant a belief that the
legislature intended them as a whole, the nullity
of one part will vitiate the rest
Why is it a judicial function?
Because the Constitution tasks the courts to interpret the
laws.
The legislature (or any other branch or agency) has no
power to overrule the interpretation or construction of a
statute or the Constitution by the Supreme Court.
Recourse to statutory construction can only be done if
the following are present:
1. an actual controversy
2. ambiguity in the statute.
Fiscal Autonomy of the Supreme Court
Only the Court has the power to repeal, alter, or
supplement rules concerning pleading, practice, and
procedure under the 1987 Constitution.
A trespass upon this prerogative happens when the other
branches enact laws or issue orders that effectively repeal,
alter, or modify any of the procedural rules promulgated by
this Court.
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Other Restrictions On Legislation
Riders
A provision that is alien to the subject or purpose of the bill
in which it is incorporated
Constitutional Provisions Against Riders
Art 6 §25(2)
No provision or enactment shall be embraced in the
general appropriations bill unless it relates
specifically to some particular appropriation
therein. Any such provision or enactment shall be
limited in its operation to the appropriation to
which it relates
Art 6 §26(1)
Every bill passed by the Congress shall embrace
only one subject, which shall be expressed in the
title thereof
Purpose
1. Prevent hodge-podge or log-rolling
legislation
a. Hodge-podge
A statute which comprises a
medley of incongruous subjects
b. Log-Rolling
A mischievous legislative practice
of embracing in one bill several
distinct matters
2. Avoid surprise or fraud upon the
legislature
3. Fairly apprise the people of the subjects of
legislation that are being considered
One Subject-One Bill Rule
Every bill shall embrace only one subject which shall be
expressed in its title
● To apprise the legislators of the object, nature, and
scope of the provisions of the bill
● To prevent the practice of enacting laws under
false or misleading titles (in terms of the nature,
scope, and consequences of the law or its
provisions)
● It is sufficient that the title is comprehensive
enough to include the general object which a
statute seeks to effect, without expressing each
and every end and means necessary to accomplish
that object
Art 6 §26(1)
Every bill passed by the Congress shall embrace only one
subject, which shall be expressed in the title thereof
Requirements
1. All parts of the statute are related and
are germane to the subject matter
expressed in the title
2. Consistent with and not foreign to the
general subject and title
Liberal Application of the One Title-One Subject Rule
PURPOSE: So as not to cripple or impede
legislation, laws must be given a
practical rather that technical
construction
REQUIREMENT: Title must express the general
subject and all the provisions of
the statute are germane to that
general subject
REMEMBER
The title NEED NOT PRECISELY MIRROR or fully index
or catalogue all the contents and minute details of the
statute
Body v Title
If there is a conflict between the body and the title, the
body prevails because the title is not part of the statute
itself
Germane
Realted/relevant to a particular subject
One-Subject-One-Bill
The law must NOT be “so uncertain that the average
person reading it would not be informed of the purpose
of the enactment or put on inquiry as to its contents, or
which is misleading, either in referring to or indicating
one subject where another or different one is really
embraced in the act, or in omitting any expression or
indication of the real subject or scope of the act.”
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Origin of Revenue Bills shall be taken immediately thereafter, and the yeas
● Revenue bills must come from the House of and nays entered in the Journal.
representatives exclusively REMEMBER
● HOWEVER, the Senate has the power to amend
these bills Bills can undergo additional amendments and
○ Senate may amend bills to the point of modifications in the legislative process, especially during
creating a completely distinct bill and the Bicameral Conference Committee stage when
this is a valid exercise of their differences between the two houses are being resolved.
Constitutional power and is in line with
the principle of equal legislative power This interpretation allows for the flexibility needed in the
between the two houses of Congress legislative process to accommodate changes and
○ Powers related to revenue bills = improvements to bills as they progress through the
Legislative power legislative system.
Powers related to Treaty Ratification = a
check on executive power, Uniform, Equitable and Progressive System of Taxation
Art 6 §28 (1)
ORIGIN OF BILLS The rule of taxation shall be uniform and equitable.
HOUSE OF The Congress shall evolve a progressive system of
SENATE
REPRESENTATIVES taxation.
Art 6 §24(1) All other bills not
● Appropriation enumerated on the left Power to Tax
bills may come from the Senate ● An incident of sovereignty
● Revenue bills ● Unlimited in its range but the people can impose
● Tariff bills limitations through the Constitution
● Bills authorizing ● Taxes should be applied fairly and consistently
increase of public across taxpayers
debt ○ All taxable articles or property of the
● Bills of local same class must be taxed at the same rate
application ○ Statute or ordinance must apply equally to
● Private bills all persons, forms and corporations placed
in a similar situation.
○ Progressive Form of Taxation - higher
No Amendment Rule income, higher taxes
Procedure followed by each House in relation to bills ● The Legislative body is to be held accountable and
initiated in each respective house before they are sent to the responsible as it imposes taxes on the constituents
other house for concurrence or amendment who must pay them.
● Does not prohibit further changes or amendments
to a bill after one house has voted on it
● PURPOSE: So as not to deprive the other House of
its Constitutional power to amend or introduce
changes to a bill

Bicameral Conference Committee

● Responsible for resolving differences between the
2 houses regarding the bill
● Can introduce amendments and modifications to
address disagreeing provisions in bills that have
been acted upon by both houses of Congress

Art 6 §26(2)
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

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Construction of Tax Laws
GR: Tax laws should be construed strictly against the state
(or, the taxing authority) and liberally in favour of the
taxpayer
A. “Is this subject to the law?”
(Strictly against the state. Why? If the state wishes
to impose the tax, it must clearly state so.)
B. “Am I exempt from the tax?”
(The burden shifts. Strictly against the taxpayer.)
Appellate Jurisdiction of the Supreme Court
It is unconstitutional for the legislature to pass a law that
increases the appellate jurisdiction of the Courts without its
advice or consent
● This would amount to overstepping on the powers
of another branch of government
● The Constitution grants the Supreme Court a level
of control over the cases placed under its appellate
jurisdiction
○ To prevent potential abuse and
overburdening he Court with cases
○ To prevent indiscriminate enactment of
legislation that could enlarge the Court's
appellate jurisdiction in a way that might
unnecessarily burden the Court or
interfere with its essential function of
interpreting the law, especially in
significant national matters
Art 6 §30
“No law shall be passed increasing the appellate
jurisdiction of the Supreme Court as provided in
this Constitution without its advice and consent.”
Legislative Vetoes
Vetoes by the legislative department are PROHIBITED with
respect to the separation of powers.
The President and administrative agencies are required to
present proposed implementing rules and regulations of a
law to Congress for approval or disapproval before it takes
effect.
Implementing Rules and Regulations
● Issued by executive agencies tasked with
the implementation of laws passed by
Congress
● IRR’s are enacted through the exercise of
their quasi-legislative powers
● These have the effect of law so long as
they are germane to the object and
purpose of the law they are based on
REMEMBER
Congress may review, amend, and revise an already
enacted and approved law BUT NOT the implementing
rules and regulations
Congressional Oversight Committee: A Form of
Legislative Veto
● A mechanism of checks and balances that the
Constitution itself allows
● Designed to attach a leash (other than through
scrutiny and investigation) to an agency to which
Congress has by law initially delegated powers
● Gives Congress a direct role in enforcing, applying
or implementing its own laws
● Congress may not pass upon the legality of
administrative regulations by subjecting them to its
approval because this would be an arrogation of
judicial power.
Limits of Post-enactment Congressional Measures
GR: Any post-enactment measure allowing legislative
participation beyond oversight is unconstitutional and an
interference and/or assumption of executive functions.
● No law should allow Congress to implement the
law as it violates the principle of separation of
powers and is unconstitutional
● Neither can Congress or its members approve the
IRRs of a law that has already taken effect
● Congress cannot overturn any directive or ruling
made by the members of the executive branch
charged with the implementation of the law
● Only these measures are allowed
○ Scrutiny based primarily on Congress:
■ Power of appropriation
● Congress's authority to
allocate and distribute
funds as part of the
budgetary process
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 ■ Budget hearings conducted in Delegation of Legislative Powers
connection with the power of Congress cannot delegate powers that are strictly, or
appropriation inherently and exclusively, legislative
● Involves a detailed
examination of Principle of Non-delegation of Powers
proposed budgets by GR: Under this principle, Congress cannot delegate powers
various government that are strictly, or inherently and exclusively, legislative
departments and ● “What has been delegated cannot be delegated”
agencies ● Delegated power constitutes a right and a duty to
■ Power to ask heads of be performed by the delegate through the
departments to appear before instrumentality of its own judgment
and be heard by either of its ●
Houses on any matter pertaining EXPN:
to their departments ● Delegation of tariff powers to the President
● To provide information, ● Delegation of emergency powers to the President
answer questions, and ● Delegation to the people at large
discuss matters related ● Delegation to local governments
to their departments ● Delegation to administrative bodies
■ Power of confirmation
● Senate's authority to Determining the Validity of Legislative Delegation
confirm certain 1. Completeness Test
executive branch The law must be complete in all its terms and
appointments (e.g. conditions when it leaves the legislature sch that
cabinet positions) in when it reaches the delegate, the only thing to be
order to scrutinize and done is to enforce it
assess the qualifications
of these nominees 2. Sufficient Standard Test
○ Investigation and monitoring of the There should be adequate guidelines or standards
implementation of laws pursuant to the or limitations in the law “to map out the boundaries
power of Congress to conduct inquiries in of the delegate’s authority and prevent the
aid of legislation delegate from running riot
■ Investigation
● Usually used to gather
information and
examine specific issues
to ensure that laws are
being carried out
effectively
■ Monitoring
● To see if the
implementation of such
laws would need
adjusted or
amendments to make it
more effective in
achieving the goal of the
statute
■ Inquiries in Aid of Legislation
● Investigations and
hearings are conducted
to gather information
and insights that can
inform the legislative
process – this may be
the basis for new
legislation

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Classes of Regulations Rules and Regulations are Laws
LEGISLATIVE INTERPRETATIVE CONTINGENT ● Issued by administrative agencies as delegated by
RULE RULE RULE Congress and/or the Constitution
○ Commission on Elections
Subordinate Issued by an
○ Commission on Audit
legislation administrative
○ Department of Agriculture
authority
○ Department of Trade and Industries
Designed to Intended to (do Based on the ○ Department of Health
implement a no more than) existence of ○ Department of Finance
primary interpret, clarify certain facts or ○ etc.
legislation by or explain things upon ● When promulgated, it becomes law and is binding
providing the existing statutory which the on all persons dealing with that body
details for the regulations enforcement of
law the law depends Rule (used interchangeably with Regulation)
● Nature of a statute
Implements Concerns all ● Product of rule-making
existing law, those belonging ○ The part of the administrative process that
imposing to the same class resembles a legislature’s enactment of a
general, which may be statute.
extra-statutory covered by the ○ Administrative authorities are vested with
obligations said rules the power to promulgate rules and
pursuant to regulations to implement a given statute
authority and to effectuate its policies
properly ● It is a delegated legislative power so it should not
delegated by curtail the authority given to it nor enlarge its scope
Congress and beyond what was intended
effect a change ● Constitutional and statutory provisions control
in existing law or what rules and regulations may be promulgated
policy which and what fields are subject to its regulation
affects individual
rights and Presumption of Constitutionality and Legality
obligations ● Enjoys this presumption until they are set aside
with finality in an appropriate case by a competent
court
Publications of Regulations
GR: In order to be valid and binding, administrative Concurrence to the Hierarchy of Laws
regulations need to comply with the requirements: ● Regulations must be consistent with the
1. Prior notice Constitution and must conform with the purpose of
2. Hearing the statute – the basic law ALWAYS prevails over
3. Publication IRRs
○ Must supplement the law and NOT prevail
Especially when the administrative rule over the law itself both in what they
substantially increases the burden of those command and omit
governed, the agency must at least give those ● HOWEVER, If an implementing rule or regulation
affected a chance to be heard and informed prior to has a provision that was not expressly stated or
the effectivity of the new issuance contained in the statute, it does not necessarily
contradict the statute
EXPN: When it is merely an interpretative rule – mere ○ So long as it is germane to the objects and
issuance is enough purposes of the law from which it is based
● it gives no real consequence more than what the on
law itself has already prescribed

11
 Sunset Clause or Provision
A text in a law that sets a termination date after which the
law automatically becomes ineffective. The government
may decide to reenact the law after each sunset clause or
simply extend the lifetime of the law, thereby nullifying the
sunset clause.
Purpose
● Periodic review of regulatory programs
● It causes legislation to expire on its own
terms
○ May automatically trigger a
review of the provision
○ May endure unless they are
repealed at a set time
● This precludes the need to amend or
repeal a law

STATUTORY SUNSET CONSTITUTIONAL SUNSET

Intervention of the Court Requires legislative vote May “dictate the change of
● Courts interpret administrative regulations in on whether to extend or status of rules from
harmony with the law that authorized them expire the provisions in entrenched to
○ Courts must avoid construction that would question disentrenched.”
annul them as an invalid exercise of REFLEXIVE IRREFLEXIVE SUNSET
legislative power SUNSET CLAUSE CLAUSE

Clause is included in the Clause is outside the

rule to expire provision it governs

Uses of Sunset Clauses

a. Improve or advance democratic deliberation
i. Legislative sunset clauses enhance
oversight by compelling regular policy
reviews with better information, which, in
turn, promotes data collection and informs
decision-making, ultimately improving the
quality of legislative decisions.
ii. Improve public policy by focusing public
attention on important and contentious
policy choices or by calling for a type of
“public conversation”

b. Quiet protests against laws that are perceived to

be too harsh
i. To ensure that a law is not frozen into
place and free the legislature from being
constrained even by the existence of a law

c. Mandate the periodic evaluation of laws

i. Unnecessary if the objective is merely to
mandate review as it is the inherent power
of Congress to make laws, and to alter
and repeal them

12
 STATUTORY CONSTRUCTION
Interpretatio
Construction Defined Verba legis non Index animo fienda est ut res
Art or process of expounding and discovering meaning & est recedendum sermo est magis valeat
intention of authors of law with respect to its application to quam pereat
a given case, where that intention is rendered doubtful, PLAIN MEANING PRESUMPTION OF RULE OF
RULE
amongst others, by reason of the fact that the given case is RULE VALIDITY INTERPRETATION
not explicitly provided for in the law A law should be
From the words of
interpreted with a
the statute, there Speech is the index
Why is it an art or process? TRANSLATION view to upholding
should be no of intention
There is no silver bullet/one solution—or formula—to rather than
departure
construction. The province of construction lies wholly within destroying it.
the domain of ambiguity. In short, it is to be applied on a When it is possible
If a statute is free
to interpret a
case-to-case basis and only in the instance of ambiguity from ambiguity, it There is a valid
statute
must be given its presumption that
in a manner that is
CONSTRUCTION INTERPRETATION literal meaning – the words
free from
BOOK Only statutes with employed by the
constitutional
PROCESS of drawing ART of finding the true DEFINITION an ambiguous or legislature in a
infirmity or in a way
warranted conclusions not meaning and sense of any doubtful meaning statute correctly
that taints it with
always included in direct form of words may be the subject express its intent or
such defect, the
expressions or determining of statutory will
former is to be
construction
the application of words to preferred
facts in litigation This rule respects Courts should
A construction that
Congress's assume that a law
would render a
authority to create, is constitutional and
Mandatory nature of constitutional provisions APPLICATION/ provision
REASON
change, and remove interpret it in a way
inoperative or
GR: Constitutional rules should be seen as obligatory laws, which reflects that aligns with the
ineffective should
EXPN: unless by express provision or by necessary the will of the basic principles of
be avoided.
implication, a different intention is manifest. people. the constitution.

Whether a rule is mandatory or not is often

decided based on what is most practical, as
sometimes it's better to not strictly follow the law
to avoid causing harm to the public.

13
Ambiguity Power to Construe Laws and its Limitations
[This was not in the book but just in case sir asks] United States Judicial Review
There is ambiguity when the law is capable of two or more Larry Kramer Mark Tushnet
reasonable interpretations
American constitutionalism
Reasonable
assigned ordinary citizens
A regular person on the street is capable of
a central and pivotal role in
understanding it in the manner on its face.
implementing their
Constitution Constitutional
2 KINDS OF AMBIGUITY
interpretation is a function
1. Patent (when the actual word of the law is
The final interpretative shared by all branches of
ambiguous)
authority rested with the government and not the
2. Latent (when it becomes ambiguous as
people themselves and exclusive domain of courts
applied to a set of facts)
both their elected
representatives and courts
were subordinate to their
Determining Legislative Intent
judgments
When the wording of a law is unclear, it may be necessary
to look at other factors to understand the intent of the
lawmakers when they passed the law: Philippine Judicial Review
1. Circumstances under which the law was created The act of defining and interpreting the law is a judicial
2. Problem or issue the law aimed to address function
3. How the law was interpreted by those who were
implementing it at the time, although this Legislative branch may NOT limit or restrict the
interpretation is not always the final word power granted to the courts by the Constitution –
In fact, if they pass a law that the judiciary finds
REMEMBER unconstitutional, they CANNOT compel the
Courts to construe it in a way that does NOT
Construction may only be done when the meaning of the contradict the Constitution
statute is ambiguous or doubtful – otherwise, if the intent
is discernable and free from ambiguity, it must be given Separation of Powers
its literal meaning and applied without attempted Judicial review is the way the Court asserts its
interpretation. solemn and sacred obligation assigned to it by the
Constitution (by actual division and not express
provision)
● NOT a means for the Court to claim
superiority over other branches
● This obligation includes:
○ Determining conflicting claims of
authority under the Constitution
○ Establish rights secured and
guaranteed for parties in an
actual controversy

14
 AIDS TO CONSTRUCTION PARTS OF A STATUTE
Secondary aids that help in the construction of the Statutes 1. Title
● Provides the name by which the law will be
KINDS OF AIDS individually known
INTRINSIC EXTRINSIC ○ Must be written in all-caps since it’s the
legislature speaking
Derived from the statute Reference to sources ● One-subject-one-title
itself, specific to words and outside of the statute ○ Prevent log-rolling/hodge-podge
phrases legislation and practice of enacting laws
under false or misleading titles
Included are the different ● Dictionaries ○ Must at least include the general object
parts of a statute ● Earlier statutes which a statute seeks to effect
● Title ● Records/Journals ● MAY serve as an aid in case of doubt in its
● Preamble of Congress meaning, language to its construction, and
● Headings (sets ascertaining legislative will HOWEVER, the wiser
out the purpose of course of action would to examine other parts of
law) the statute
● Punctuation
2. Explanatory Note
In the construction or interpretation of a legislative
● Presents the issue that the bill seeks to address
measure, the primary rule is to search for and determine
and proposes the steps to address that issue
the intent and spirit of the law.
● Can shed light on what the authors intended to
accomplish with the proposed measure
INTRINSIC AIDS ● Where there is ambiguity in a statute, courts may
resort to the explanatory note to clarify and
Parts of a Statute ascertain the purpose and intent of the statute
To figure out if a law applies to a specific situation, we need
to understand the law's meaning through interpretation. 3. Preamble
This is done by looking at the words in the law itself in order ● Aka the “whereas” clause
to see why it was made and if it should be used in a ● Part of a statute written immediately after its title,
particular court case. which states the purpose, reason, or justification
for the enactment of a law
GENERAL RULES ● NOT strictly a part of the law
○ If the statute is ambiguous = may be used
DO’s DONT’s
to determine the intent of the law
A word, phrase, or provision
○ CANNOT be used to create doubt where it
should be construed and
Interpretation must not be in doesn't exist
interpreted in connection
isolation ○ CANNOT be used as a basis for giving a
with the other provisions of
statute a meaning not apparent on its face
the law.
● Where the meaning of a statute is clear and
The word or provision
unambiguous, the preamble can neither expand
SHOULD NOT be given a
nor restrict its operation, much less prevail over its
Must be construed to meaning that will restrict or
text
effectuate, what has been defeat its intent.
intended in an enacting law. AVOID an application of the
4. Enacting Clause
law, which may lead to
● Part of the statute which declares its enactment
inconvenience and absurdity.
● Identifies the government body that enacted the
statute or regulation
○ An act of legislation proceeding from the
proper legislative authority
○ “Be it enacted” is the usual formula used
to start this clause
○ Ex. “Be it enacted by the Senate and
House of Representatives of the
Philippines in Congress assembled”

5. Body
● The main and operative part of the statute
containing its substantive and even procedural
provisions
15
 ● Provisos and exceptions may also be found
● The provisions should be aligned and germane
to the subject and purpose of the statute
a. Short Title
i. Simple and easy designation of
statutory enactment
b. Definition of Terms
i. Controls the definition of words used
in a statute
ii. The definition controls the
interpretation of the statute
regardless of whether the word has
a different meaning according to
common usage
c. Policy Section
i. Enumerates objectives of the statute
and the policy it seeks to uphold
ii. Serves as a guide for the executive
in terms of how to
implement/enforce it
iii. Sometimes used in lieu of the
preamble
d. Substantive Provisions
i. Sets forth the rights, powers,
privileges, and immunities of
persons regulated by the particular
statute
e. Penal Clause
i. Lists down sanctions that may be
imposed against persons in violation
of the statute (may be civil,
administrative, or criminal
f. Administrative Section
i. Usually states the manner by which
the statute will be implemented,
including the creation of
administrative agencies and
enumerating its powers and
responsibilities
6. Headnotes and Epigraphs/Section Heading
● Convenient index to the content of its provisions
● They are NOT part of the law thus, they can
never control the plain terms of the enacting
clauses
○ CANNOT limit the operative words
contained in the body
● When the text of the statute is clear and
unambiguous, there is neither necessity nor
propriety to resort to headings and epigraphs for
the interpretations of the text
7. Repealing Clause
● Part of the statute that announces the prior
statutes or specific provisions that have been
abrogated by reason of the enactment of the
new law
8. Separability Clause
● Part of the statute that provides that in the event
that one or more provisions or unconstitutional, the
remaining provisions shall still be enforced
● It is a legislative expression of intent that the
nullity of one provision shall not invalidate the
other provisions of the act. Such a clause is not,
however, controlling and the courts may, in spite of
it, invalidate the whole statute where what is left,
after the void part, is not complete and workable.
● The presumption is that the legislature intended to
be effective as a whole and would 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 of
separability
9. Effectivity Clause
● PURPOSE: So as not to deny the public the
knowledge of the laws that are supposed to
govern, denying them of due process
● Announces the date of the statute’s effectivity
● Without it, the statute’s effectivity would be after
15 days following the completion of their
publication in the Official Gazette or a Ph
newspaper of general circulation
○ Art 2, NCC (Date + 16)
Laws shall take effect after fifteen days
following the completion of their
publication either in the Official Gazette or
in a newspaper of general circulation in
the Philippines, unless it is otherwise
provided.
● The 15-day requirement may be extended or
shortened at the discretion of the legislature
○ “Effective Immediately” - valid but only
applicable to urgent and critical matters
10. Punctuation Marks
● Aids of low degree and can never control against
the intelligible meaning of the given word
● These are generally considered as weak
indicators of construction as they are used more
stylistically rather than to express a certain
intent
● An argument based on punctuation alone is not
persuasive, and the courts will not hesitate to
change the punctuation when necessary, to give
the statute the effect intended by the legislature.
16
 STATUTORY DIRECTIVES
PUNCTUATIONS THAT ARE USUALLY THE These are guidelines provided in statutes for their proper
SUBJECT OF CONSTRUCTION interpretation. These are specific rules or directives crafted
by the legislators for the courts to follow when interpreting
Indicates a separation
the law.
in the relation of the
thought, a degree
Examples
greater than that
1. “Act should not affect or prevent the practice of
expressed by a
Semi-colon [ ; ] other legally recognized professions”
comma; makes the
2. “Any doubts in the interpretation and
difference being that
implementation of the code should be in favor of
the semi-colon makes
the rights and interests of the plan holder”
the division a little
3. “In case of doubt, (such doubt) must be resolved in
more pronounced
favor of its cooperative and its members”
4. The directive may also outline the principles to be
Also separates the
considered by the judiciary in terms of
parts and sentences,
Comma [,] interpretation (ex. emphasizing international origin,
but less pronounced
uniformity in application, and observance of good
than the semi-colon
faith in international trade relations.)
Used to indicate the
Period [.] LGC’s 3 Rules of Interpretation
end of a sentence
1. Any provision on the power of a local
government unit shall be liberally
interpreted in its favor.
REMEMBER 2. In case of doubt, any question thereon
shall be resolved in favor of the devolution
RATIO LEGIS EST ANIMA of powers and of the lower local
The reason of the law is its soul government unit.
Interpretation according to spirit, or intent 3. Any fair and reasonable doubt as to the
existence of the power shall be
Where the true intent of the law is clear, such intent or interpreted in favor of the local
spirit must prevail over the letter thereof, for whatever is government unit concerned
within the spirit of a statute is within the statute, since
adherence to the letter would result in absurdity, injustice International Law as a Guide - Internationational
and contradictions and would defeat the plain and vital legal principles and conventions are used as guides
purpose of the statute. for the interpretation of laws (e.g. humanitarian
law)

REMEMBER

Do statutory directives need its own provision within

the statute? – NO
Statutes need not provide for a separate provision for the
rules of its interpretation.
Some laws may have several different provisions for their
interpretation HOWEVER they can also be written and
incorporated with other provisions of statutes.

These aids of interpretation are NOT absolute.

Statutory provisions themselves can override general
canons of construction. Specific provisions in the law may
take precedence over the general canon of strict
construction, making it an exception to the usual
interpretation principles.

17
EXTRINSIC AIDS the mantle of legislative intent by virtue of their
When can extrinsic aids When should it not be publication in the authoritative congressional record.
be used? used?
1. When a statute is When the language of the
LEGISLATIVE HISTORY
“ambiguous law is plain and
● Refers to the historical events that transpired
2. When its abstract unambiguous.
during the process of enacting a law
meaning or the
○ Timeline: introduction to the legislature to
connotation of its
its final validation
terms is uncertain
● Courts may take judicial notice of
3. When its application
○ Origin and history of the law
to the case is
○ Deliberations during enactment
uncertain
○ Prior laws on the same subject
4. When its effects
● Penal Statutes
upon application to
○ Determine the extent of the act that the
the case at bar is
law forbids
uncertain
■ Language
■ Legislative history
DELIBERATIONS ■ Purpose
Powerless to vary the terms of the statute ■ IRR
when the meaning is clear ■ Pertinent executive issuances
1. Constitutional Conventions/Commissions ● Change in the language may indicate change in
a. Hold weight but are NOT binding on legislative intent
courts
i. Of value in terms of showing the CONTEMPORANEOUS CONSTRUCTION
views of individual members who ● The interpretation of those tasked to execute the
spoke but not the views of the statutes are given great weight by the
large majority who did not speak implementing administrative agency themselves
b. Used only when all other guides fail ○ The fact that these officials are often the
i. Proceedings cannot vary the drafters of the law they interpret adds to
terms of the Constitution when the credibility
there is no ambiguity ● NOT necessarily controlling upon courts
c. Less conclusive in terms of the ○ May be disregarded when
construction of the concerned instrument ■ No ambiguity
d. The purpose is to arrive at the intent of ■ Consrtuction is erroneous
the people through their representatives ■ Courts have already given a
2. Legislative Deliberations different interpretation
a. The purpose is to find out the intent of ● Administrative agencies’ interpretation is advisory
the legislative at best
b. Expressive of the views and motives of ● The court decides what the law means
individual members ○ Role of the judiciary to refine and correct
c. NOT always safe guides in ascertaining constitutional or statutory interpretations
the meaning and purpose of the in the context of the interactions of the 3
lawmaking body branches of government
○ Courts may set this aside if:
REMEMBER ■ There is an error of law
■ Abuse of power
Construing the Constitution ■ Grave abuse of discretion clearly
Courts must construe the Constitution from what conflicting with the letter and
appears on its face or in the most straightforward way spirit of the law
possible ■ Lack of jurisdiction
● Rationale
Problem with Citing Deliberations The rule of contemporaneous construction is
It can be cited selectively and out-of-context in order to justified by the needs of modern society and the
further the construction most favorable to the one presence of diverse admin agencies. It also
construing the instrument considers the experience and specialized
capabilities of agencies implementing specific
Congressional Records statutes. Executive officials are presumed to
Minority or solitary views and anecdotes may acquire thoroughly understand the relevant considerations
of the law, forming an independent and competent

18
 expert opinion. Courts grant substantial weight to
contemporaneous construction, acknowledging the
respect owed to government agencies and officials
responsible for law implementation. This respect is
based on their competence, expertise, experience,
informed judgment, and the frequent role of being
the drafters of the laws they interpret.
considerations regarding the meaning and purpose
of the law

DICTIONARIES
● Used to determine the ordinary meaning of words
and statutes
● CRITICISM
It does not consider the context of the law
● IRONY
The intention is to know the ordinary meaning of
words but it can also expand the possible
definition of the word through dictionaries

REMEMBER

Dictionaries can be useful aids in statutory interpretation,

but they are not substitutes for close analysis of what
words mean as used in a particular statutory context.

Knowing the Context is Superior

Courts should ascertain the meaning of a word based on
the manner in which it is used in the law

Denotation = Dictionary
Connotation = Context

19
 INTERPRETATION OF WORDS AND PHRASES
The legal maxims chapter aka the most important part THEORIES OF INTERPRETATION
Intentionalist Textualist Pragmatism

Primacy of Plain Relies on

CANONS OF CONSTRUCTION
realizing the Meaning multiple
● rules of construction (background norms and
legislative Rule supporting
conventions) widely used by courts when
intent Words of arguments
interpreting statutes
the statute rather than
● help extract substantive meaning from the
What it is take any
language, context, structure, and subject matter of
precedence conclusive
a statute.
over any single
● Courts use this to avoid declaring a law as
other modes argument
unconstitutional (see Presumption of
of
Constitutionality) so long as the law in question is
construction Pragmatism
NOT in conflict with the higher law
doesn't rely
Original The text on a single
REMEMBER intent of the itself and strong
framers of how argument;
Despite the existence of canons, there is no unanimity
such statute ordinary instead, it
regarding the manner of using them. While canons of
people uses various
construction are valuable tools in legal interpretation,
Focus understand arguments.
there is often a lack of consensus on how to apply them
it as this is
in specific cases, leading to varying interpretations and
the best There's no
outcomes.
evidence of one main
legislative source for
LINGUISTIC CANONS SUBSTANTIVE CANONS intent this
approach,
More concerned with Consistent Simplicity and judges
values, policies, and with the consider
principles external to the objectives of different
Primarily focus on the statute. (common law, construction factors and
language and structure of statutory provisions, and Strength as it requires weigh them
the statute itself. constitutional values) the inquiry against each
(choice of words, grammar, Take the form of clear into the other when
syntax, and relationships statement rules or legislative making
between words within the background presumptions intent decisions.
statute) that can only be overcome
Di ko rin ‘to
by clear evidence in the There are Language masyadong
statutory text that hundreds of evolves, and gets so
Congress so intended legislators in not watch out
the Ph everyone
Purpose is to promote coming from understands
certain policy objectives or Weakness different words the
Purpose is to decipher the
values, often outside the backgrounds same way
legislature's intent based
text of the statute itself with
on the way the text is
which may reflect the different
constructed to understand
judiciary's understanding motivations
what the lawmakers
of constitutional priorities, or intentions
meant by the specific
common law practices, or
words and sentence
specific statutory policies. Extrinsic
structure they used.
These involve value legislative
choices by the court. Preferred sources
Legal (ex.
Source Legislative
history and
delibs)

20
CANONS AND INDETERMINACY
● For every canon, there is another canon that can
oppose it – so while it helps solve legal issues it
also is a source of indeterminacy
● Tools to assist in interpretation
● NOT absolute directives
● Must be subordinate to statutory language or
clear evidence of legislative intent, as derived
from the statutory environment or legislative
history
“Opposite Pairs”
● While these are objective standards, the canons’
opposing pair enables the court to justify
completely contradictory conclusions
○ Case-to-case basis use
○ So if it seems like stare decisis was not
followed, the courts may use this as a
reason
● Contradictory nature opens the posibility for abuse
LATIN MAXIMS
This chapter just explains why maxims are in latin: it was
the language of the church and education
● ARGUMENTS > STRICT RULES
● Maxims are helpful guidelines as each Latin
phrase represents a specific principle of statutory
construction aiding courts in interpreting laws
● Statutory grammar - helps understand the
linguistics in legislative texts
● NOT strict and universal — more like rules of
probability
● NOT binding upon courts as they may ignore it
when needed
● Expresses what law-makers might have meant but
the Court is not obligated to follow this (see
Separation of Powers)
List of Sample Maxims from the Book
1. Leges posteriores priores abrogant
Subsequent laws repeal former ones.

HOW TO ADDRESS INCONSISTENCIES 2. Magis de bono quam de malo lex intendit

STARE DECISIS SUBSTANTIVE CANON
Lower courts should be
strictly bound by
higher-court precedent,
and SC should be bound to
follow its precedent unless
there is a “special
justification” for departing
from precedent
Literally the definition of
stare decisis
The law favors a good rather than of a bad
construction. If in a contract the words used are
Substantive canons
capable of two constructions, the one in conformity
Like policy guidelines used
with, and the other against the law, the former is
to interpret laws (ex. Rule
adopted.
of lenity) proposed to be
developed by judges for
3. Quoties in verbis nulla est ambiguitas, ibi nulla
each significant doctrinal
expositio contra verba fienda est
area they regularly handle.
When there is no ambiguity in the language of an
These are envisioned as
instrument, no interpretation is to be made contrary
tools that judges can use
to the words.
to resolve ambiguity and
serve as default rules
4. Statuta pro publico commode late interpretantur
when traditional
This means that statutes passed for the public
interpretive sources fail to
good should be construed literally
provide a clear answer.

GENERAL AND PARTICULAR USES OF WORDS

Traditional canons
● GR: General words must be given their ordinary
More general principles
meaning
used in interpreting
○ Ordinary meaning — meaning given to
statutes and legal texts
them when they are used in everyday life
to avoid absurdity
REMEMBER ● EXPN: When the exact and literal interpretation
leads to absurdity THEN we turn to the spirit and
Commonly encountered opposing pairs is express reason of the law
mention, implied exclusion vis a vis doctrine of necessary
implication
REMEMBER

“The fruits apples, pears, and strawberries” As always…

Construing using the first canon would mean that only Statutes should be construed to give effect to the
those expressly mentioned in that list are the fruits to be legislative intent so as to avoid an unjust or absurd
considered. conclusion. Courts are not to give words meanings that
would lead to absurd or unreasonable consequences.
Construing using the second canon would mean that so
long as something is a fruit (banana, orange, even
tomato) it is impliedly included in that list.

21
 TRANSLATION DEFINITION APPLICATION & EXAMPLE

A word, phrase should be interpreted in relation to, or

given the same meaning of, words with which it is
associated — this is ascertained from the context of the
entire law
Doctrine of
Associated
GR: Where most of the words in an enumeration of words In “[A], [B], and [C]”
Noscitur a Words
in a statute are used in their generic and ordinary sense, [B] is understood as
Sociis A word is known
the rest of the words should similarly be construed. similar to [A] and [C]
by the company
it keeps
Where a word with more than one meaning is associated
with words having specific or particular signification, the
former should be given a specific or particular
signification.

GR: Where a general word or phrase follows an

enumeration of particular and specific words of the same
class or where the latter follows the former, the general
word or phrase is to be construed to include, or to be
restricted to, persons, things, or cases akin to, resembling,
or of the same kind or class as those specifically
mentioned.

EXPN: The rule is NOT OF UNIVERSAL

APPLICATION; it should be used to carry out,
not to defeat, the intent or purpose of the law.
If it's evident from other parts of the law that the
lawmakers had a specific intention, and that
intention goes against what the "ejusdem
generic" rule would lead to, then we should
prioritize the legislative intent over the rule.

Purpose: To give effect to both the particular and general

words by treating the particular words as indicating the
class and the general words as indicating all that is
In “[A], [B], [C], [etc.]”
embraced in said class, although not specifically named
Ejusdem [etc.] is understood
Of the same kind by particular words.
Generis as similar to [A], [B],
[C]
Basis: Based on the proposition that had the legislature
intended the general words to be used in their generic
and unrestricted sense, it would not have enumerated the
specific words.

Application:
To be applicable, the following must concur:
1. Statute contains an enumeration of particular
and specific words, followed by a general word
or phrase.
2. The particular and specific words constitute a
class or are of the same kind.
3. Enumeration of the particular and specific words
is not exhaustive or is not merely by examples.
4. No indication of legislative intent to give the
general words or phrases a broader meaning

The rule of ejusdem generis DOES NOT REQUIRE the

rejection of general terms entirely.
 TRANSLATION DEFINITION APPLICATION & EXAMPLE

Express mention of one person, thing or consequence

implies the exclusion of all others.
They are opposite the doctrine of necessary implication

It is formulated in a number of ways:

1. The principle that what is expressed puts an end
to that which is implied
(Expressum facit cessare tacitum).
2. General expression followed by exceptions
therefrom implies that those which do not fall
under the exceptions come within the scope of
the general expression
(Exceptio firmat regulam in casibus non “Domestic cats”
Expressio The expression exceptisc).
unius Est of one thing is 3. Expression of one or more things of a class Applying this maxim would
Exclusio the exclusion of implies the exclusion of all not expressed, even mean street cats or big felines
Alterius the other though all would have been implies had none in the zoo are not included —
been expressed. only house cats

The rule expressio unius est exclusio alterius and its

variations are canons of restrictive interpretation.

Basis: If the legislature intended restrictions by specifying

certain things, it would not have listed them otherwise

When it does not apply

1. When circumstances suggest the list was not
meant to be exclusive
2. When the enumeration is illustrative rather than
restrictive (it has to restrict)

Similar to expresio unius

GR: A person, object or thing omitted from an
enumeration must be held to have been omitted
intentionally.

EXPN: The rule does not apply where it is shown LAW 1:

that the legislature did not intend to exclude the Tables, chairs, and blankets
person, thing, object from the enumeration. The
A person, object,
rule applies only if and when the omission has LAW 2:
or thing omitted
Casus been clearly established. Tables, seats, pillows
from an
Omissus Pro
enumeration
Omisso EXPN 2: Not applicable when a term in a Applying this maxim,
must be held to
Habendus previous law is substituted with an equivalent [blankets] must be
have been
Est word understood as being
omitted
purposefully omitted but
intentionally
PURPOSE: The text of a law is the primary source of [chairs] are not omitted
legal authority, and courts should not create new because [seats] is an
provisions or extend the scope of a law beyond what is equivalent substitute
explicitly stated by inferring its coverage for omitted
cases.

BASIS: Proceeds from a reasonable certainty that a

particular person, object or thing has been omitted

GR: What is implied in a statute is a part of the statute “No class for all students”
Ex Doctrine of
just as much as that which is expressed.
Necessitate Necessary
Applying this maxim would
Legis Implication
Any law giving a power, right, or privilege is assumed to mean that all students — from
 TRANSLATION DEFINITION APPLICATION & EXAMPLE

include all the necessary, logical, and implied elements to kindergarten to college to law
achieve its purpose school to those acquiring their
masters and PhDs — will not
BASIS: Laws can't cover every detail, and gaps may arise have classes
as they are applied. The doctrine of necessary implication
helps fill these gaps by stating that what is implied in a
law is just as much a part of it as what is explicitly stated

“21 years old” is different from

”21 years old on the day of
their election”
GR: This principle involves making distinctions or
Dissimilum Of dissimilars
qualifications when there are facts and circumstances
Dissimilis the rule is If the person is 19 years old
indicating that the legislature intended such
Est Ratio dissimilar on the day they’reelected but
differentiation
their birthday is the day after
their election, then they are
ineligible.

GR: A general term or phrase should not be reduced into

parts and one part distinguished from the other so as to
Section 1 of Presidential
justify its exclusion from the operation of the law.
Decree No. 1866 penalizes
“any person who shall
GR 2: If the law doesn't make distinctions, courts
unlawfully manufacture, deal
shouldn't make distinctions either
in, acquire, dispose, or possess
any firearms, part of firearm,
EXPN: UNLESS there is compelling reason
ammunition or machinery, tool
Ubi Lex Non Where the law apparent in the law to justify it.
or instrument used or
Distinguit does not
intended to be used in the
Nec Nos distinguish, nor BASIS: General words in a law should generally be given
manufacture of any firearm or
Distinguere should we their natural and broad meaning
ammunition.”
Debemus distinguish
APPLICATION
The law makes no distinction
The maxim applies not only in the construction of general
as to serviceable or functional
words and expressions used in a statute but also in the
firearms. Possession of, say, a
interpretation of a rule laid down therein. The courts may
gun barrel, is sufficient to
distinguish when there are facts or circumstances
come within the prohibitive
showing that the legislature intended a distinction or
ambit of the statute
qualification, for in such a case, the courts merely give
effect to the legislative intent

GR: When a list of words or phrases is used, each word or

phrase should be applied to the corresponding item in the
list, and they should not be mixed or interchanged.

PURPOSE: To avoid ambiguity and to promote a clear and

unambiguous interpretation of a document. Essentially to
“Men and women may
reduce the risk of misinterpretation and avoid rendering
become members of
any word useless or unnecessary
Reddendo fraternities and sororities.”
Singula Each to each
APPLICATION
Singulis [MEN] is to [fraternities]
Usually applicable when there are lists in the statute.
As
This doctrine requires that the antecedents and
[WOMEN] is to [sororities]
consequences should be read distributively to the effect
that each word is to be applied to the subject to which it
appears by context most appropriately related and to
which it is most applicable.

Each phrase or expression to its appropriate object

Provisos, Exceptions, and Saving Clauses
● Qualify/modify the effects of laws

Proviso
● “Provided that…”
● Modifies only the part of the law right before it or
limit the general application of the clause
immediately following it
○ Can be found in repealing clauses

Exception
● Interpreted narrowly and strictly
● Application is limited to the extent justified by their
language
● GR: If there's uncertainty, then favor the general
rule over the exception
● On the Constitution
○ Exceptions in constitutions receive strict
and narrow interpretations
○ Scope is confined to their immediate
context or antecedents

Saving Clause
● Restricts the impact of a law
● A clause exempting something from the statute's
operation or providing that the rest of it will stand
if a part is held invalid
● GR: A saving clause preserves certain rights or
legal situations from being lost under the new law

22
 Construction of Statute as a Whole
As a whole, never in parts
Role of the Courts
1. Take the thought conveyed by the statute as a
whole
2. Construe the constituent parts together
3. Ascertain the legislative intent from the whole act
4. Consider each and every provision in light of its
general purpose
5. Make every part effective, harmonious, and
sensible
REMEMBER
Cardinal Rule
Legislative intent must be ascertained from a
consideration of the statute as a whole and not merely of
a particular provision. Otherwise, what is conveyed might
be different from what is intended.
Provisions
A general provision might not apply broadly if it is
considered in isolation. Likewise, its application may be
limited when read in conjunction with other provisions of the
same law.
This is why reading the whole law is important: A provision
or section which is unclear by itself may be clarified by
reading and construing it in relation to the whole statute.
Considering the proceedings of both Houses of Congress
may also help with this
Construction of Statute in Relation to other Statutes
Harmonization is rooted in the presumption of regularity
Ut magis valeat quam pereat
Interpretare et concordare leges legibus est optimus
interpretandi modus
● Interpreting and harmonizing laws is the best
method of interpretation
● New statutes should be construed in connection
with those already existing — and both must be
harmonized
● PURPOSE
Uniform, complete, coherent, and intelligible
system of jurisprudence
● Harmonization of laws can only be done when the
repeal is implied
In cases of conflict
● Give effect to both
● If the subject of a later law is also the subject of an
earlier law, then the later law is considered related
to the earlier law
● If a later law on a similar subject explains the
legislature's interpretation of certain words in an
earlier law, then the later law becomes a guide to
understanding the earlier law
● When two statutes apply to a particular case, that
which was specially intended for the said case
must prevail
General Law vs Specific Law
● Generalia specialibus non derogant
The special/specific law always prevails over the
general law even if the specific law was enacted
prior to the general law
● If the specific law contradicts a general aw, the
specific law must be understood as an exception to
or qualification of the general law
○ Because implied repeals are NOT to be
favored
● If NOT ABSOLUTELY IRRECONCILABLE, both must
be given effect
○ Do NOT assume that the legislative
intended a later statute to repeal a prior
one t, unless the last statute is so broad in
its terms and so clear and explicit in its
words as to show that it was intended to
cover the whole subject
REMEMBER
Always try to Harmonize
The only reason the courts will not harmonize is if the 2
laws are ABSOLUTELY IRRECONCILABLE
Special law enacted before General Law
● Special law prevails
General law enacted before Special Law
23
● Special law will be regarded as an exception to,
or qualification of, the prior general act unless
repealed expressly or by necessary implication.

24
 Strict and Liberal Construction
Always try to harmonize
There are special provisions in our laws, especially the 1987
Constitution, which dictate when construction must be strict
or liberal
REMEMBER
Strict = follow it to the letter
Liberal = look into the spirit of the law
Social Justice Legislation
● The bedrock of the 1987 Constitution is social
justice (Fr. Bernas)
● The inflexible rule in Philippine jurisdiction is that
social legislation must be liberally construed in
favor of the beneficiaries and to resolve all doubts
in their favor.
● To achieve humanitarian purposes
Election Laws
● GR: Liberal construction is applied to express the
will of the people
● EXPN: Qualifications are usually construed strictly
against the candidates
● 3 Parts
a. Provisions for the conduct of elections that
election officials are required to follow –
merely directory
b. Provisions that candidates for office are
required to comply with and are
necessarily mandatory
c. In case of dispute, procedural rules
designed to ascertain the actual winner in
the elections require liberal construction
● While provisions relating to certificates of
candidacy are mandatory, mandatory provisions
requiring certain steps before elections will be
construed as directory after the elections, to give
effect to the will of the people
● COMELEC Rules of Procedure are subject to liberal
construction
a. Qualifications for and disqualifications
from office are construed in favor of
eligibility, for to rule otherwise is to defeat
the will of the people
REMEMBER
Election Laws
Generally liberally construed so as not to defeat the
purpose voting and disenfranchise voters – lest it
destroys the very fabric of democracy. Mere procedural
issues should not trump the will of the people as they
have expressed through the people they voted for.
Tax Laws
● Doubtful tax provisions must be strictly construed
against the state and the government so as not to
overly burden the taxpayer
○ Taxes are obligations and only clear
imposition of taxes are to be imposed as
these are burdens that people must bear
● When there is doubt against the existence of the
exemption, it must be strictly construed against the
taxpayer.
○ The assumption here is that the law that
imposes taxes is already clear so the claim
of exemption must also be clearly stated
in the law.
Labor Laws
● The Collective Bargaining Agreement (CBA) must
be construed liberally
● Any doubt in the interpretation of any law or
provision affecting labor should be resolved in
favor of labor.
The Rules Of Court
● GR: A liberal construction of the procedural rules is
proper where the lapse in the literal observance of
a rule of procedure has not prejudiced the adverse
party and has not deprived the court of its authority
○ In order to promote the objective of
securing a just, speedy and inexpensive
disposition of every action and proceeding
○ May be invoked in situations where there
may be some excusable formal deficiency
or error in a pleading provided it does not
subvert the essence of the proceeding and
connotes at least a reasonable attempt at
compliance with the rules
■ Must only be on sufficient and
justifiable grounds
● EXPN: Rule for the submission of a certificate of
non-forum shopping proper in form and substance,
remains to be a strict and mandatory rule
REMEMBER
Rules of Court
These tend to be strict but the Courts may relax it under
justifiable reasons.
Procedure must be safeguarded
To organize the system of justice and to protect the rule
of law
Penal Statutes
● Doctrine of Pro Reo
Penal statutes are construed strictly against the
State and liberally in favor of the accused
25
 Mandatory and Directory Statutes Prospective and Retroactive Operation of Statutes
“May” and “Shall” A matter of Civil Law

Publication
MANDATORY DIRECTORY Basic requirement for procedural due process as it informs
the public of the contents of the laws which govern them
Words of positive Generally permissive
and regulate their activities
prohibition Denotes discretion and
The act required shall not indicates liberty,
The publication of materials in the online version of the
be done otherwise than opportunity, permission
Official Gazette is NOT intended to satisfy the publication
designated and possibility
requirements found in the Civil Code and the Administrative
Code
Must, shall May

Art. 2, Civil Code

REMEMBER
Read the law in its entirety
There are cases where may is mandatory and shall is
directory — in cases like this, the apparent intention of
the statutes must be derived from the context and
circumstances surrounding it
Laws shall take effect after fifteen days following
the completion of their publication either in the
Official Gazette or in a newspaper of general
circulation in the Philippines, unless it is otherwise
provided…
Exceptions
1. An interpretative regulation does not require
publication in order to be effective as it does not
add anything to the law already in place
2. Regulation that is merely internal in nature that
only seeks to regulate the personnel of the
administrative agency and not the general public
3. A letter of instruction issued by an administrative
agency concerning rules or guidelines to be
followed by subordinates

Prospective Application (lex de futuro,judex de praeterito)

● Statutes are prospective as they are formulation of
rules for the future

REMEMBER

Construe as Prospective
Since the retroactive application of a law usually divests
rights that have already become vested, all statutes are
to be construed as having only a prospective operation
UNLESS the intention of the legislature to give them a
retrospective effect is expressly declared or is necessarily
implied

On Supreme Court Rulings

● New doctrines must be applied prospectively and
should not apply to parties who had relied on the
old doctrine and acted on good faith
● Permissible only if it does NOT
○ overrule a previous doctrine
○ adopt a different view
○ reverse an old construction

On Administrative Rulings
● Prospective

26
Retroactive Application
● Retroactivity is a matter of civil law, not of
constitutional law
○ Civil code - established norm and not a
constitutional standard
● PURPOSE: So as not to impair vested rights
● Laws may permissibly provide for retroactivity

Art. 4, Civil Code

Laws shall have no retroactive effect, unless the
contrary is provided

Police power
● A law enacted in the exercise of police power to
regulate or govern certain activities or transactions
could be given retroactive effect and may
reasonably impair vested rights or contracts
○ The inherent powers of the government
(police power, taxation, eminent domain)
are deemed written in every contract so
much so that any changes made in the
contract in the exercise of such powers is
valid and cannot be considered an
impairment
● Applicable not only to future contracts, but equally
to those already in existence
● Curative statutes may be given retroactive effect,
unless it will impair vested rights

Penal Laws
● Refers to substantive laws — not procedural
● Operate retroactively by legislative command
● Art 22 applies to all penal laws
○ Even if the law does NOT define crime nor
prescribe a penalty, if its provisions have
the purpose and effect of diminishing the
punishment of the crime then it is penal

Art 22, Revised Penal Code

Penal Laws shall have a retroactive effect insofar
as they favor the persons guilty of a felony, who is
not a habitual criminal, as this term is defined in
Rule 5 of Article 62 of this Code, although at the
time of the publication of such laws a final
sentence has been pronounced and the convict is
serving the same

Social Legislation
● Sometimes applies retroactively only upon
fulfillment of certain conditions

Rules of Court
● Rules of procedure apply even to actions already
pending at the time of their promulgation
● Retroactive application of procedural laws does
NOT violate any right of a person who may feel
that he is adversely affected, nor is it
constitutionally objectionable
○ GR: No vested right may attach to, nor
arise from, procedural law
27
 Amendment, Revision, Codification and Repeal REMEMBER
Repeals
Express Repeals
Art. 7, Civil Code The law or portion of the law to be repealed must be
Laws are repealed only by subsequent ones, and their identified
violation or non-observance shall not be excused by disuse,
or custom or practice to the contrary. Implied repeals cannot be assumed
In the absence of an express repeal, a subsequent law
Repeals cannot be construed as repealing a prior law unless an
Only a law can repeal another law irreconcilable inconsistency and repugnancy exist in the
terms of the new and the old laws
EXPRESS IMPLIED
Why implied repeals are not favored
A statute declares, usually A substantial conflict Repeal of laws must be based on the clear intent of the
in its repealing clause, that between the new and prior legislature
a particular and specific law causes the latter to be
law, identified by its repealed
number or title, is repealed Codification
GR: All parts and provisions of the old laws that are omitted
Ceases to exist and Predicated upon the in the revised statute or code are deemed repealed
becomes inoperative from condition that a substantial
the moment the repealing conflict or repugnancy is EXPN: Unless the statute or code provides otherwise
law becomes effective found between the new
and prior laws Repealing Clause
These are NOT favored ● Part of the statute that announces the prior
statutes or specific provisions that have been
abrogated by reason of the enactment of the new
KINDS OF REPEALS law
EXPRESS IMPLIED ● Some repealing clauses specify the laws and
Specifically If the provision of an old statute is administrative issuances that are repealed but
identifies inconsistent with the new one, it is these are not always evident
prior statute impliedly repealed ● Congress may spell out the impact of laws on other
or provision existing laws to foreclose the possibility of
thereof confusion in its implementation
which the
new statues
repeal

IRRECONCILABLE BY
CONTRADICTION SUBSTITUTION

Provisions of 2 acts If the latter

on the same matter statute covers
are irreconcilably the whole
contradictory subject matter of
the earlier one
and is clearly
intended to be a
substitute

28