Statutory Construction

It is the art of seeking the intention of the legislature in

enacting a statute and of applying it to a given state of facts.
Scope of construction
A. A statute is not open to construction as a matter of
course. It is open to construction only where the
language is ambiguous, or where it will admit of two or
more constructions or is of such doubtful or obscure
meaning, that reasonable minds might be uncertain or
disagree as to its meaning.
B. When the language of a statute is plain, clear and
definite, there is no need to resort to the rules of
statutory construction. An unambiguous statute is to be
applied, not to be interpreted, since it already speaks for
itself.
C. Ambiguity a condition of admitting two or more
meanings, of being understood in more than one way or
of referring to two or more things at the same time.
Purpose of Construction
The sole purpose of statutory construction is to ascertain
the meaning and intention of the legislature so that the
same may be enforced.
Construction and Interpretation
A. CONSTRUCTION
distinguished
from
INTERPRETATION
Interpretation is said to be the act of finding the
true sense and meaning of words, whereas
construction is the drawing of conclusions
respecting subjects that lie beyond the direct
expressions of the text.
In other words, one who interprets does not get
outside of the context of the statute. While one
who construes has to go outside of the
language of the statute and seek the help of
extrinsic aids.
B. Legislative Intent Legislative intent for construction
purposes does not mean the collection of the subjective
wishes, hopes and prejudices of each and every member
of the legislature, but rather the objective footprints left
on the trail of legislative enactment. Legislative intent is
the vital part, the heart, the soul, and the essence of the

law. (history of enactment, evil sought to be

prevented/cured; essence of the law)
C. Legislative purpose reason why a particular statute
was enacted or to create new rights.
D. Legislative meaning it is what the law, by its
language, means. What it comprehends, covers or
embraces, limits and confines are.
NOTE: If there is ambiguity in the language used
in the statute, its purposed may indicate the
meaning of the language and lead to what the
legislative intent is. The courts by judicial
construction will give effect to such intent.
E. Illustrative case:
Federation of Free Farmers v Court of Appeals,
G.R. No. 41161
F. Legal Hermeneutics it is the branch of science which
establishes the principles and rules of interpretation and
construction of written laws. The application of the said
principles and rules is termed exegesis.
Different kinds of interpretation
A. Close interpretation adopted if just reasons
connected with the character and formation of the text
induce as to take the words in the narrowest meaning.
This is generally known as literal interpretation.
B. Extensive interpretation also called as liberal
interpretation, it adopts a more comprehensive
signification of the words.
C. Extravagant interpretation substitutes a meaning
evidently beyond the true one. It is therefore not genuine
interpretation.
D. Free or unrestricted interpretation proceeds simply
on the general principles of interpretation in good faith,
not bound by any specific or superior principle.
E. Limited or restricted interpretation influenced by
other principles than the strictly hermeneutic ones.
F. Predestined interpretation takes place when the
interpreter, laboring under a strong bias of mind, makes
the text subservient to his preconceived views and
desires.
Power to construe
A. To declare what the law shall be is a legislative power but
to declare what the law is or has been is judicial.

B. It is the duty of the courts to construe statutes for the

purpose of determining whether a particular act or
omission falls within their intended scope or prohibition.
C. Limitations on power to construe
Judicial legislation courts should not modify,
amend, remodel or rewrite a statute. This would
not be construction anymore but judicial
legislation, a usurpation of the power of the
legislature.
Judicial non-interference on question of legislative
wisdom D. When to construe law
When there is ambiguity or doubt the court
clarifies the doubt to arrive at the true intent of
the law.
E. Requisites for statutory construction
There must be an actual case or controversy;
There is ambiguity in the law involved in the
controversy;
See notes
F. Executive Construction
The interpretative regulations by officers,
administrative agencies, department heads and
others officially charged with the duty of
administering or enforcing a statute carries great
weight in determining its operation.
Executive construction, though often accepted by
the judiciary, however, is not binding upon the
courts.
G. Construction partly void
The rule is where part of a statute is void while
the other part is valid, the valid portion, if
separable from the invalid, may stand and be
enforced.
But in order to do this the valid portion must be so
far independent of the valid portion that it is fair
to presume that the legislature would have
enacted it by itself if they had supposed that they
could not constitutionally enact the other.
The valid part must remain to make a complete,
intelligible, and valid statute which carries out the
legislative intent.
H. Effect of rules of construction upon courts

Unless expressly provided by statute, rules of

statutory construction are not mandatory upon
courts. On the contrary, they rest on the authority
of the courts which have gradually developed
them into a complete and detailed system. Courts
are not, strictly speaking, bound by them in all
cases.

_______________SUBJECTS OF CONSTRUCTION________________
1.
2.
3.
4.
5.
6.

Constitution
Statutes
Ordinances
Resolutions
Executive Orders
Department Circulars

CONSTITUTION
-Is that body of rules and maxims in accordance with
which the powers of sovereignty are habitually exercised. It is
the fundamental law of the land, to which all other laws must
conform.
CONSTITUTION distinguished from STATUTE
A constitution lays down general principles and the
foundation of government, whereas a statute has to set in detail
its purposes or the subject matter of which it treats. Whereas a
constitution is of a relatively permanent character; statutes are
tentative, in the nature of temporary expedients.

Common parts of Constitution

1. The constitution of liberty which is a series of
prescriptions setting forth the fundamental civil and
political rights of the citizens with correlative limitations
on the power of government as a means of securing the
full enjoyment of those rights;
2. The Constitution of government which is a set of
provisions setting up the governmental framework;
3. The constitution of sovereignty which is a
provision or set of provisions prescribing the procedure
for amending the constitution.
Kinds of Constitutions
A. Unwritten constitution - is one whose provisions have
not been reduced to writing and formally embodied in a
single document or set of documents. It consists largely
of a mass of customs, usages and judicial decisions
together with a few legislative enactments of a
fundamental character.
B. Written constitution is one the provisions of which
are embodied in a single formal document or set of
documents. It is the product of a deliberate effort to lay
down the fundamental principles in accordance with
which the government shall be organized and conducted.
C. Cumulative constitution is one whose origin lies
mainly in customs, common law, judicial decisions, and
the like. It is the product of evolution and growth, rather
than of a deliberate and formal enactment.
D. Conventional constitution or enacted constitution is
one which has been formulated either by a constitutional
convention or by a royal proclamation.
E. Flexible if it has no more legal force and authority than
ordinary legislative enactments. It may be amended at
anytime thru ordinary legislative proceedings.
F. Rigid which legally stands over and above ordinary
laws and which may be amended only thru proceedings
different from the ordinary legislative proceedings.
STATUTE
A. Is the written will of the legislature solemnly expressed
according to the forms necessary to constitute a law of
the state. It is an expression of the public will and a
mandate of the people acting thru their representatives.

B. Statute Law has been used interchangeably with the

term statute and has been held to mean the same thing.
Statute law, however, is a broader term, as it includes
not only statutes but also the judicial interpretation and
application of such statutes.
C. Enactment of statutes in general
- nothing becomes a law simply and solely because
men who possess the legislative power will enact it.
To become a law, a bill must be acted upon by a
validly constituted body in a prescribed manner or
procedure.
- No bill may be enacted into law which shall embrace
more than one subject which shall be expressed in
the title of the bill.
Classification of statutes
A. Public law is one which concerns the interests of the
public at large. It need not be a universal rule, in the
sense that it applies to the entire territory or to all the
people. It is enough that it concerns the public and not
merely a private interest, although it is local or special.
The anti-subversive act is a good example of a public law.
B. Private law is one which relates to, concerns and
effects particular individuals. Private acts specially
enumerate by name the person, political subdivision or
classes of persons affected in a special number.

Classification of Public Statute

A. General law is one which affects all of the people of
the state or all persons or things of a particular class. It
operates equally to all persons in the same category.
B. Special law is one which relates either to particular
persons or things, or to particular persons or things of a
class or which operates on a portion of a class instead of
all the class.
NOTE: A statute which relates to persons or things
as a class is a general law; whereas, a statute
which relates to particular persons or things of a
class is special law.
C. Local law is one which concerns over a particular
locality instead of over the whole territory of the state. It

applies to any subdivision or subdivisions of the state

less than the whole.
LEGISLATIVE PROCEDURES
A. The power to make laws is lodged in the legislative
department of the government.
B. A statute starts with a bill.
C. Bill is the draft of a proposed law from the time of its
introduction in a legislative body through all the various
stages in both houses. It is enacted into law by a vote of
the legislative body. An Act is the appropriate term for
it after it has been acted on and passed by the
legislature. It then becomes a statute, the written will of
the legislature solemnly expressed according to the form
necessary to constitute it as the law of the state.
ENACTMENT OF STATUTES
A. Legislative power is the power to make, alter and
repeal laws.
1. Under the 1973 and freedom constitution, the
president exercised legislative power which remained valid
until repealed.
2. LGU can enact ordinances within their own jurisdiction,
but such
laws are inferior and subordinate to the laws of
the state.
3. Administrative or executive officer can make rules and
regulations to
implement specific laws.
B. Essential feature of the legislative function is the
determination of the legislative policy and its formulation
and promulgation as a defined and binding rule of
conduct.
C. A bill is a proposed legislative measure introduced by a
member of Congress for enactment into law.
D. Passage of a bill:
1. A bill shall embrace only one subject which shall be
expressed in the title thereof. It shall be signed by its
author and filed with the Secretary of the House. It
will be passed to the Secretary of the House and the
Secretary will calendar the bill for the first reading.
2. A bill may originate in the lower or upper house
except appropriation, revenue or tariff bills, bills
authorizing increase of public debt, bills of local
application, private bills, which shall originate
exclusively in the House of Representatives.

3. A bill is approved by either house after it has gone

three readings on separate days except when the
president certifies to the necessity of its immediate
enactment.
Requirements for the passage of bill
1. 3 readings on three separate days (not
absolute)
2. Distribute the copies for examination
3. Amend and reconcile the conflicts
4. STEPS:
a) First reading: the Secretary reports for
the first reading, which consists of reading
the number and title of the bill, followed by
its referral to the appropriate Committee
for study and recommendation. After
reviews and study, there will be a
Committee report.
b) Second Reading: 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
dispensed
with.
After
deliberations,
debates and amendments, the bill will be
voted on second reading.
c) Third Reading: No arguments and
debates are allowed. Nominal voting; a
member may abstain; yeas and nays
entered in the journal. Signed by the
Senate President and Speaker of House of
Rep. Submission to joint bicameral
committee reconciliation of conflicting
provisions from both Houses. Submission
to the President either signs it into law or
vetoes it with duration of 30 days.
d) The bill approved on the third reading by
one house is transmitted to the other
house for concurrence, which will follow
the same procedures as a bill originally
filed with it.
e) 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

Conference Committee (3rd body of the

legislature and it can replace everything)
of both chambers, whose report or
recommendation thereon will have to be
approved by both Houses in order that it
will be considered assed by Congress and
thereafter sent to the President for action.
Members
of
the
Conference
Committee
- congressman/women, staffs
f)

If the President shall veto it, and if after

such consideration, two-thirds of all
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.
VETO - To enable the executive
department to protect its integrity
as an equal branch of the
government. To provide a check on
hasty, corrupt, or ill-considered
legislation.
Political question is beyond judicial
review. When the President decides
for the passage of bill not to
undergo 3 readings for urgent
purposes, it is not unconstitutional.

E. Three ways which a bill becomes a law:

a) When the President signs it
b) When the President does not sign nor
communicate his veto of the bill within
thirty days (to allow the President to
study) after his receipt thereof
c) When the vetoed bill is repassed by
Congress by two-thirds vote of all its
members, voting separately. (Override of
Presidential Vetoes when the houses were
given the chance to vote.)

F.

The system of authentication devised is the signing

by the Speaker and the Senate President of the printed
copy of the approved bill, to signify to the President that
the bill being presented to him has been duly approved
by the legislature and is ready for his approval or
rejection.
-

The Constitution requires that each House shall keep

a journal (Art. 6 Sec. 16(4)). The journal is regarded
as conclusive with respect to matters that are
required by the Constitution to be recorded therein.
With respect to other matters, in the absence of
evidence to the contrary, the journals have also been
accorded conclusive effect. Considerations of public
policy led to the adoption of the rule giving verity
(truth) and unimpeachability to legislative records.
G. Enrolled Bill Both Houses approved the proposal of
the Conference Committee. Under the enrolled bill
doctrine, the text of the act as passed and approved is
deemed importing absolute veracity and is binding on
the courts. It is conclusive not only of its provisions but
also of its due enactment.

NOTE: If there has been any mistake in the

printing of the bill before it was certified by the
officer of the assembly and approved by the chief
executive, the remedy is by amendment by
enacting a curative legislation, not by
judicial decree.
Where there is discrepancy between the journal
and the enrolled bill, the latter as a rule prevails
over the former, particularly with respect to
matters not expressly required to be entered in
the journal.
H. Withdrawal of Authentication the Speaker and the
Senate President may withdraw their signatures from the
signed bill where there is serious and substantial
discrepancy between the text of the bill as deliberated
and shown by the journal and that of the enrolled bill. It
thus, renders the bill without attestation and nullifies its
status as an enrolled bill. The court can declare that the
bill has not been duly enacted
and
did
not
accordingly become a law.

PARTS OF STATUTE
A. Title the heading on the preliminary part, furnishing
the name by which the act is individually known. It is
usually prefixed to the statute in the brief summary of its
contents.
Purpose of one tile-one subject rule:
1. To prevent hodge-podge or log-rolling
legislation.
What is hodge-podge or log-rolling
legislation?
- Refers to any legislation that have
several subjects on
unrelated
matters
combined together.
- If there are two subject matter, the two
will be nullified.
NOTE: If there is log-rolling, it nullifies
everything, not only the defective provision.
2. To prevent surprise or fraud upon
legislature, by means of provisions in bills
of which the title gave no information, and
which might therefore be overlooked and
carelessly and unintentionally adopted.
3. To fairly appraise the people through such
publication of legislative proceedings as is
usually made, of the subjects of the
legislation that are being heard thereon.
Sufficient compliance of the one-titlesubject requirement:
1. If the title is comprehensive enough to
reasonably include the general object
which a statute seeks to effect, without
each and every end and means necessary
or convenient for accomplishing the
subject.
2. If all parts of the law are related and
germane to the subject matter expressed
in the title.
3. If the title indicates in broad or clear terms,
the nature, scope, and consequence of the
law and its operations.
4. The title should not be catalogue or index
of the bill.

B.

C.

D.

E.

F.

WHEN REQUIREMENT NOT APPLICABLE - It

does not apply to laws in force existing at the
time the 1935 Constitution took effect, nor
municipal or city ordinances because they do not
partake of the nature or laws passed by the
legislature.
Effect of Insufficiency of title
1. A statute whose title does not conform to
the one tile-one subject or is not related to
its subject is null and void.
2. If subject matter of statute is not
sufficiently expressed in its title, only the
unexpressed subject matter is void leaving
the rest in force.
Preamble part of statute explaining the reasons for its
enactment and the objects sought to be accomplished.
Usually, it starts with whereas. Prefatory statement or
explanation or a finding of facts, reciting the purpose,
reason, or occasion for making the law to which it is
prefixed. Laws passed by legislature seldom contain
preamble because the statement embodying the
purpose, reason, etc is contained in the explanatory
note. Presidential decrees and Executive Orders
generally have preambles.
Enacting clause part of statute which declares its
enactment and serves to identify it as an act of
legislation proceeding from the proper legislative
authority. Be enacted is the usual formula used to start
this clause.
Body the main and operative part of the statute
containing its substantive and even procedural
provisions. Provisos and exceptions may also be found.
NOTE: A complex and comprehensive piece of
legislation usually contains: a short title, a policy
section,
definition
section,
administrative
sections, sections prescribing standards or
conduct, section imposing sanctions for violation
of its provisions, transitory provision, separability
clause, repealing clause, and effectivity clause.
Repealing Clause - announces the prior statutes or
specific provisions which have been abrogated by reason
of the enactment of the new law.
- Repeal means to rescind, annul or abrogate the law.
Saving Clause 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 provides that in the event that
one or more provisions or unconstitutional, the remaining
provisions shall still be in force.
NOTE: This is not binding upon the Supreme Court. You
cannot limit the discrertion of the court to what extent they
can interpret or nullify.
H. Effectivity Clause announces the effective date of the
law.
I. Transitotry Provision EFFECTIVITY OF LAWS
A. When laws take effect
1. Art. 2 of the Civil Code provides that Laws shall take
effect after fifteen days following the completion of their
publication in the Official Gazette, unless it is otherwise
provided.
2. All laws or statutes, including those of local application
and private law shall be published as a condition for their
effectivity, otherwise It would violate the due process
clause of the constitution.
3. The general rule is that where the law is silent as to its
effectivity, or where it provides that it shall take effect
immediately or upon its approval, such law shall take
effect after 15 days from its publication in the Official
Gazette.
4. The completion of publication, from which date the
period of publication will be counted, refers to the date of
release of the O.G. or newspaper for circulation and not
to its date, unless the two dates coincide.
Q: what right will be violated if the law was not
published?
A: Right to due process will be violated and right
to
information in matter of public
concern.
5. The requirement of publication as a condition for the
effectivity of statutes applies to Presidential Issuances,
except those which are merely interpretative or internal
in nature not concerning the public.

B. When presidential issuance, rules, and regulation take

effect
1. Rules and regulations of administrative and executive
officers are of two types:
Whose purpose is to implement or enforce
existing law pursuant to a valid delegation or to
fill in the details of a statute; whether they are
penal or non-penal; this requires publication.
Those are merely interpretative in nature or
merely internal in character not concerning the
public, does not need publication.
2. In addition, the 1987 Administrative Code provides that:
Every agency shall file with the U.P. Law center
three copies of every rule adopted by it. Rules in
force on the date of effectivity of this code which
are not filed within 3 months from that date shall
not be the basis of any sanction against any party
or persons. (this is for IRR)
Each rule shall become effective 15 days from the
date of filing as above provided unless a different
date is fixed by law, or specified in the rule in
cases of imminent danger to public health, safety
and welfare.
3. Publication and filing requirements are indispensable to
the effectivity of rules and regulations, except when the
law authorizing its issuance dispenses the filing
requirements.
PRESIDENTIAL
ORDINANCES

ISSUANCE,

RULES

AND

Presidential Issuances: those which the President

issues in the exercise of his ordinance power, which
have the force and effect of law. They include:
Administrative orders acts of President
which relate to the particular aspects of
governmental operations in pursuance of his
duties as an administrative head.
Proclamations acts of the President fixing a
date or declaring a statute or condition of
public moment or interest, upon the
existence of which the operation of a specific
law or regulation is made to depend.

Memorandum Orders acts of the President

on matters of administrative detail or of
subordinate or temporary interest which only
concern a particular officer or office of the
government.
Memorandum Circulars acts of the President
on matters relating to internal administration
which the President desires to bring to the
attention of all or some of the departments,
agencies, bureaus, or offices of the
government, for information or compliance.
General or specific orders acts and
commands of the President in his capacity as
Commander-in-Chief of the Armed Forces of
the Philippines.
Executive Orders acts of the President
providing for rules of a general or permanent
character in the implementation or execution
of constitutional or statutory powers, which
do not have the force of statutes.
Ordinance power of the president grants the president to
enact a law.
C. When local ordinances take effect
1. Local ordinance shall take effect after 10 days from the
date a copy thereof is posted in a bulletin board at the
entrance of the provincial capitol or city, municipal, or
barangay hall, as the case may be, and in at least two
other conspicuous places in the local government unit.
2. The secretary of the Sanggunian shall cause the posting
of the ordinance within 5 days after its approval.
3. The gist of all ordinances with penal sanctions shall be
published in a newspaper of general circulation, within
the province where the local legislative body concerned
belongs.
4. In case of highly urbanized and independent component
cities, the main feature of the ordinance or resolution
duly enacted or adopted shall, in addition to being
posted, be published once in a local newspaper of
general circulation within the city.
5. Unless a statute is by its provisions for a limited period
only, it continues in force until changed or repealed by
the legislature. Law once established continues until
changed by some competent legislative power. It is not
changed by change of sovereignty.

D. Manner of computing time

1. Where a statute requires the doing of an act within a
specified number of days, such as ten days, from notice,
it means 10 calendar days and not working days.
2. Where the word week is used as a measure of time and
without reference to the calendar, it means a period of
seven consecutive days without regard to the day of the
week from which it begins.
Year: 365 days
Months: 30 days except if the months are
designated by their name
Days: 24 hours
Nights: from sunrise to sunset
Week: a period of 7 consecutive days without
regard to the say of the week from which it
begins.
3. Civil code adopts the 365 day year and the 30-day month
and not the calendar year not the solar month.
4. Exclude the first day and include the last day rule
governs the computation of a period. If the last day falls
on a Sunday or legal holiday, the act can still be done the
following day. The principle does not apply to the
computation of the period or prescription of a crime, in
which the rule is that if the last day in the period of
prescription of a felony falls on a Sunday or legal holiday,
the information concerning said felony cannot be filed on
the next working day, as the offense has been by then
already prescribed.
ORDINANCE
- An ordinance is an act passed by a municipal council,
in the exercise of its law-making authority.
- A municipal ordinance operates only in the territory of
the municipal in which it was enacted and can have
no force beyond it; exceptions to this rule are allowed
in the cases of ordinances enacted to protect the
purity of water supply, and ordinances for the
acquisition and maintenance of houses for the poor,
asylum, and cemeteries.
A. Test of Valid Ordinance
1. Must not contravene the Constitution or any
statute;
2. Must not be unfair or oppressive;

3. Must not be partial or discriminatory;

4. Must not prohibit but may regulate trade;
5. Must not be general and consistent with public
policy; and
6. Must not be unreasonable.
B. Reason why an ordinance should not contravene a
statute.
- Local councils exercise only delegated legislative
powers conferred on them by Congress as the national law
making body.
- The delegate cannot be superior to the principal.
RESOLUTION
- Enactments of the legislature employed either to
express sentiments or opinions, or to carry out the
internal affairs of the legislative body, or to make
temporary laws, or to establish procedures for
constitutional amendments.
- Resolutions are generally less formal and therefore
are less authoritative expressions of legislative
purposes.
General rule: Resolutions are not laws, since laws refer
to those
legislative enactments, which operate on all
persons in society and
must be enforced by the executive
department and sustained by the judiciary.
Kinds of resolutions:
1. Simple Resolution is a formalized motion passed by a
majority of a single legislative chamber. It Is usually used
to create special committees, to express recognition for
meritorious services, to extend sympathy on the death of
a member, and to express opinions to another
governmental body. It also used to establish rules
governing internal affairs.
2. Concurrent Resolution is a simple resolution but
passed by both chambers of the legislature. It performs
the same functions as the ordinary simple resolutions,
except that it reflects the opinion of the entire legislative
body, instead of the opinion of only one chamber.
3. Joint Resolution - is very similar to statutes. It also has
to undergo the same process as a bill towards its
enactment. It also has to undergo the same process as a
bill towards its enactment. Unlike a concurrent resolution,
a joint resolution passes thru greater procedural

safeguards and delays calculated

expression of a more sober judgment.

to

insure

the

VALIDITY OF STATUTES
A. Every statute is presumed valid. To declare a law
unconstitutional, the repugnancy of the law to the
Constitution must be clear and unequivocal. To strike
down a law, there must be a clear showing that what the
fundamental law condemns or prohibits, the statute
allows it to be done.
B. All reasonable doubts should be resolved in favor of the
constitutionality of law. To doubt is to sustain.
C. The final authority to declare a law unconstitutional is the
SC en banc by the concurrence of a majority of the
Members who actually took part in the deliberations.
D. Trial courts have jurisdiction to initially decide the issue
of constitutionality of a law in appropriate cases.
E. Before the court may resolve the question of
constitutionality, the following requisites should be
present:
1. Existence of an appropriate case or actual case.
2. An interest personal and substantial by the party
raising the constitutionality.
3. The plea that the function be exercised at the
earliest opportunity.
4. The necessity that the constitutional question be
passed upon in order to decide the case.
F. Legal Standing (locus standi) a personal and
substantial interest in the case such that the party has
sustained or will sustain direct injury as a result of the
governmental act that is being challenged.
G. Test of Constitutionality
- A statute may be declared unconstitutional
because:
1. It is not within the legislative power to enact
2. It creates or establishes methods or forms that
infringe constitutional principles.
3. Its purpose or effect violates the constitution
4. It is vague. It is vague when it lacks
comprehensive standards that men of common
intelligence must necessarily guess at its meaning
and differ in its application.
5. The change of circumstances or conditions may
effect the validity of some statutes, specially

those
so-called
emergency
law
designed
specifically to meet certain contingencies.
H. Effects of Unconstitutionality
1. General Rule: An unconstitutional act is not a law.
-

I.

It
It
It
It
It

confers no rights.
afford no protection.
imposes no duties.
creates no office.
is inoperative as though it had never
been passed.
2. Regard should be had to what has been done
while the statute was in operation and presumed
to be valid. Hence, its operative fact before a
declaration of nullity must be recognized.
3. There are two views on the effects of a
declaration of the unconstitutionality of a statute:
a) Orthodox
View

An
unconstitutional law confers no right,
is not a law, imposes no duties,
affords no protection; in legal
contemplation, it is inoperative, as if
it had not been passed.
b) Modern View The court in passing
upon the question of constitutionality
does not annul or repeal the statute if
it is unconstitutional, it simply refuses
to recognize it and determines the
rights of the parties as if the statute
had no existence. It does not repeal,
supersede, revoke or annul the
statute. The parties to the suit are
concluded by the judgment, but no
one else is bound.
Partial Invalidity
General Rule: Where part of a statute is void as
repugnant to the Constitution, while another part
is valid, the valid portion, if separable from the
invalid may stand and be enforced.
Exception: When the parts are so mutually
dependent and connected. The presence of
separability clause creates the presumption that

the legislature intended separability, rather than

complete nullity of the statute.

Statutes
-

MIDTERM COVERAGE

How to ascertain legislative intent?

- The cardinal rule of construction is to ascertain the
intention and meaning of the legislature for the
purpose of giving effect thereto.
- The application of the law according to the spirit and
intent of the legislative body is the principal objective
of judicial interpretation.
- Legislative intent should accordingly be ascertained
from a consideration of the whole context of the
statute and not from an isolated part of particular
provision.
- The best source from which to ascertain the
legislative intent is the statute itself - the words,
phrases, sentences, sections, clauses, provisions
taken as a whole and in relation to one another.
- STATUTE AS A WHOLE NOT BY PARTS
Liberal or Strict Construction
- Whether a statute or some of its provisions, calling for
construction should be construed liberally or strictly depends on
a combination of several factors, namely:
1. The former law on the matter;
2. The persons or rights with which it deals;
3. The letter or language of the law; and
4. The purposes and objects of the statute.
Statutes in derogation of common rights, how construed.

Statutes in derogation of common law or common

rights are strictly construed. An abrogation of the
common law or common rights is not favored;
statutes seeking to accomplish this end are generally
strictly construed. Thus, the statutes which operate in
restraint of personal liberty, or civil rights or which
grant power to deprive persons of their property, or
which restrain the freedom of contract, or the
exercise of any trade or occupation, have all been
held as calling for the strict judicial construction.
ALWAYS APPLIED IN CASE OF DOUBT
prescribing the formalities and wills, how construed.
Statutes prescribing the formalities to be observed in
the execution of will are very strictly construed.
Failure to comply is fatal. The will being entirely void
cannot be admitted to probate.
Question: Why is it construe against the validity of
the will?
Answer: since the testator is already dead, he cannot
anymore defend his last will and testament.
ALWAYS APPLIED IN CASE OF DOUBT
The will cannot be admitted to probate.

Naturalization laws, how construed.

- Naturalization laws should rigidly be enforced and
strictly construed in favor of government and against
the applicant.
- ALWAYS APPLIED IN CASE OF DOUBT
Statute conferring the right of eminent domain, how construed.
- The exercise of the right of eminent domain, whether
directly by the state, or its authorized agents, is
necessarily in derogation of private rights, and the
rule in this case is that the authority must be strictly
construed.
- If there is doubt, in favor of individual and against of
government.
Tax Exemption, how construed.
- Tax exemptions are held strictly against the taxpayer,
and if not expressly mentioned in the law must be
within its purview by clear legislative intent.
- Taxes are lifeblood of the government thats why it is
always against the claim of the taxpayer.

Prospective and retrospective interpretation, distinguished.

Prospective interpretation is that which limits the
operation of a statue to such facts and causes arising
after its enactment.
Retrospective interpretation is that which hold the
statute to be applicable to or governing transactions
or states of facts wholly completed prior to its
enactment.
If the statute is to apply hereafter/thereafter, or is it
to take effect at a fixed future date or immediately,
such statute will only apply prospectively.
On the other hand, the words heretofore and
therefore or other expression denoting a past time
expressly give the statute a retrospective operation.
In the absence of such words indicative of the extent
of the statutes operation, the general rule, is that a
statute will be construed prospectively. Exception,
unless the legislative intent that it be given a
retrospective operation clearly appears by necessary
or unavoidable implication.
In every case of doubt, the doubt must be resolved
against the retrospective effect and in favor of
prospective construction.
A statute is not retrospective just because it relates
to antecedent event; it is retrospective only when it is
applied to rights acquired prior to its enactment.
When a statute is given prospective construction then
it can only apply to transactions occurring after its
passage. It cannot interfere with nor alter the effects
of rights and obligations acquired or incurred prior
thereto.
Ex post facto law
- Section 22, Article III, 1987 Constitution
No ex post facto law or bill of attainder shall be enacted.
An ex post facto law is any of the following:
- A law which makes criminal an act done before the
passage of the law and which was innocent when
done, and punishes such act;
- A law which aggravates a crime, or makes it greater
than it was, when committed;
- To test whether the ex post facto clause of the
Constitution is violated:
- Does the retroactive application of the law
- Take from the accused

Any right
That was regarded at that time
As vital for the protection of the life and liberty?
- Scope of prohibition against ex post facto law:
- Applies only to criminal or penal maters
- Not to laws which concern civil proceedings generally.
- Ex post facto law prohibited, exception.
- If it favors the accused.
- Exception to the exception:
- If the accused is a habitual delinquent.
- Statue provides it does not apply to existing statutes
or pending cases.
- Where the accused disregards the later law and
invokes the prior statute under which he was
prosecuted.
Bill of attainder, defined.
Legislative act which Inflicts punishment without the
benefit of judicial trial.
NOTES: Common rights to acquire property, freedom of
contract
Bill of attainder - about death penalty
Bill of pains - when the penalty is lower than death

Verba Legis
- If the language of the statute is plain and free from
ambiguity, and express a single, definite, and
sensible meaning, that meaning is conclusively
presumed to be the meaning which the legislature
intended to convey.
- It must be given its literal meaning, applied without
interpretation.
- Is this binding in the courts?
- No. Its up to the Supreme Court whether they will
apply the law or not.
Index animi sermo est
- Speech is the index of intention.
Ratio Legis
- In construing a statute, the court looks into the spirit
of and reason for the law.

If adherence to the letter of the law leads to

absurdity, injustice, contradictions or defeat the plain
purpose of the law.
Ratio legis applies
Apparent inaccuracies and mistakes in mere verbiage
or phraseology will be overlooked to give effect to the
spirit of the law.

Antecedent a word or phrase that a subsequent or

consequent word refers to.
- Distributive refers to each member of the group
individually and separately. Ex. Each, every, either
Expressio Unius Ext Exclusion Alterius
- Mention of one thing implies the exclusion of another.
Noscitur A Sociis
- Meaning of particular terms in a statute may be
ascertained by reference to words
- Associated with or related to them in statute

Dura lex sed lex

- The law may be harsh, but it is still the law.
Mens legislatories
- Courts look into the following: Object to
accomplished; Evils and mischief to be remedied
- Statute liberally construed to serve its purpose
- Even if its literal interpretation says otherwise

be

Ejusdem Generis
- Where general term follows particular things, the
general term is construed to include those things or
persons of the same class as those specifically
enumerated.
Ejusdem Generis, purpose.
- Give effect both specific and general words.
- Particular words indicate the class and the general
includes all embraced in said class although not
specifically named.
- Q: What is the reason why there are words that are
not enumerated in the statute? (ex: and other
persons...)
- A: To avoid the error of not including something that
can be protected by law.
Reddendo Singula Singulis
- Doctrine of collocation
- Association between two words that are typically or
frequently used together
- Where the sentence has several antecedents and
consequents, they are to be read distributively

Casus Omissus (omit)

- Words or phrases may be supplied by the courts and
inserted in a statute.
- Where it is necessary to eliminate repugnancy and
inconsistency to complete the sense and give effect
to the intent.
- Used to supply omissions caused by clerical error, by
accident or inadvertence.
- Legal issues are governed by statutory laws
- Q: What will the SC do if something is missing in the
law?
- A: the court will supply the missing part. The court
should verify the missing word, it doesnt mean they
have to insert the word literally (cos it will amend the
law). The insertion/supplying the missing word is not
mechanical (encode) but only theoretical by
construction or interpretation. Since it will violate the
enrolled bill principle that the court cannot change an
enrolled bill.
- Requisites by which the Supreme Court can insert
1. The omitted words are plainly indicated in the
context.
2. Palpable meaning manifested.
3. Verifiable from other parts of the statute.
Q: Is this not judicial legislation?

A: No. Since the insertion of the word is only theoretical.