Professional Documents
Culture Documents
Agpalo Notes 2003
Agpalo Notes 2003
Agpalo Notes 2003
repealed.
IN GENERAL c Temporary - duration is for a limited period of time fixed in the statute itself or
c Rule of conduct formulated and made obligatory by legitimate power of the Other classes of statutes
c Includes RA, PD, EO (president in the ex of legislative power), Presidential c Declaratory, curative, mandatory, directory, substantive, remedial, penal £
Àc Affirmative
c PD¨s of Marcos during the period of martial law 1973 Constitution c Public Acts £ Phil Commission and Phil Legislature 1901- 1935
c general £ applies to the whole state and operates throughout the c Identification of laws £ serial number and/or title
c Local Law £ operation is confined to a specific place or locality (e.g ENACTMENT OF STATUTES
municipal ordinance)
c
c Sangguniang barangay, bayan, panglungsod, panlalawigan £ only within ÿc Private bills
respective jurisdiction £ ordinances c After 3 readings, approval of either house (see Art 6 Sec 26 (1))
c Administrative or executive officer c Secretary reports the bill for first reading
c Delegated power c First reading £ reading the number and title, referral to the appropriate
c Issue rules and regulations to implement a specific law committee for study and recommendation
c The determination of the legislative policy and its formulation and promulgation c Second reading £ bill is read in full (with amendments proposed by the
as a defined and binding rule of conduct. committee) £ unless copies are distributed and such reading is dispensed
c Legislative power - plenary except only to such limitations as are found in the with
ÿc Rules of both houses of congress (provided also by the Constitution) yeas and nays,
rd
c Bill approved on the 3 reading will be transmitted to the ¥Other House¦ for
c Proposed legislative measure introduced by a member of congress for Àc If the ¥Other House¦ approves without amendment it is passed to the
c Shall embrace only one subject which shall be expressed in the title Àc If the ¥Other House¦ introduces amendments, and disagreement
c Bills may originate from either lower or upper House Àc Report and recommendation of the 2 Conference Committees will
c Exclusive to lower house have to be approved by both houses in order to be considered pass
ÿc Appropriation c President
ÿc Bills authorizing increase of public debt Àc Xetoes (within 30 days after receipt)
c
c If the President vetoes £ send back to the House where it originated with
Àc 2/3 of all members approves, it will be sent to the other house for c Before passed to the President
approval c Indispensable
Àc 2/3 of the other house approves £ it shall become a law c By signing of Speaker and Senate President
Àc If president did not act on the bill with in 30 days after receipt, bill c
becomes a law
ÿc inaction of president with in 30 days after receipt c Conclusive with respect to other matters that are required by the Constitution
ÿc vetoed bill is repassed by congress by 2/3 votes of all its members, each c Disputable with respect to all other matters
house voting separately. c By reason of public policy, authenticity of laws should rest upon public
c Only difference is that they can only originate from the Lower House but the Enrolled bill
Senate may propose/ concur with the amendments c Bills passed by congress authenticated by the Speaker and the Senate
c Limitations of passage (as per Constitution) Art 6 Sec. 27 (2) President and approved by the President
Àc congress may not increase the appropriation recommended by the c Importing absolute verity and is binding on the courts
President XXX Àc It carries on its face a solemn assurance that it was passed by the
Àc procedure for Congress is the same to all other department/ c Courts cannot go behind the enrolled act to discover what really happened
agencies (procedure for approving appropriations ) Àc If only for respect to the legislative and executive departments
Àc special appropriations £ national treasurer/ revenue proposal c Thus, if there has been any mistake in the printing of the bill before it was
Àc no transfer of appropriations xxx authority to augment certified by the officer of the assembly and approved by the Chief Executive,
Àc discretionary funds £ for public purposes the remedy is by amendment by enacting a curative legislation not by judicial
Àc President my veto any particular item/s in an appropriation revenue, c Enrolled bill and legislative journals - Conclusive upon the courts
or tariff bill. c If there is discrepancy between enrolled bill and journal, enrolled bill prevails.
c
Àc To prevent hodgepodge/ log-rolling legislation
c Speaker and Senate President may withdraw if there is discrepancy between Àc To fairly apprise the people, through publication of the subjects of the
the text of the bill as deliberated and the enrolled bill. legislation
Àc Nullifies the bill as enrolled of the act does not clearly express its purpose; may clarify doubt or
c Liberally construed
PARTS OF STATUTES c If there is doubt, it should be resolved against the doubt and in favor of the
Title of statute
c Mandatory law - Every bill passed by Congress shall embrace only one When there is compliance with requirement
subject which shall be expressed in the title thereof (Art 6, Sec 26 (1) 1987 c Comprehensive enough - Include general object
Constitution) c If all parts of the law are related, and are germane to the subject matter
Àc To refrain from conglomeration, under one statute, of heterogeneous c Title is valid where it indicates in broad but clear terms, the nature, scope and
Àc Title of the bill should be couched in a language sufficient to notify c Title should not be a catalogue or index of the bill
the legislators and the public and those concerned of the import of c Principles apply to titles of amendatory acts.
the single subject. Àc Enough if it states ¥an act to amend a specific statute¦
Purposes of requirement (on 1 subject) c US Legislators have titles ending with the words ¥and for other purposes¦ (
c Principal purpose: to apprise the legislators of the object, nature, and scope of US is not subject to the same Constitutional restriction as that embodied in the
the provision of the bill and to prevent the enactment into law of matters which Philippine Constitution)
have not received the notice, action and study of the legislators.
c In sum of the purpose c Apply only to bills which may thereafter be enacted into law
c
c Does not apply to laws in force and existing at the time the 1935 Constitution c '7 £ PD ¥ NOW THEREFORE, I ______ President of the Philippines, by the
c No application to municipal or city ordinances. c '8 £ EO ¥Now, therefore, I, ____ hereby order¦
c Statute is null and void c Defined £ prefatory statement or explanation or a finding of facts, reciting the
c Where, the subject matter of a statute is not sufficiently expressed in its title, purpose, reason, or occasion for making the law to which it is prefixed¦
only so much of the subject matter as is not expressed therein is void, leaving c Found after enacting clause and before the body of the law.
the rest in force, unless the invalid provisions are inseparable from the others, c Usually not used by legislations because content of the preamble is written in
in which case the nullity the former vitiates the latter the explanatory note.
Enacting clause
c States the authority by which the act is enacted c that part which tells what the law is about
c body of statute should embrace only one subject should only one subject
matter, even there provisions should be allied and germane to the subject and
c '1 - Phil Commission £ ¥ By authority of the President of the US, be it enacted
purpose of the bill.
by the US Philippine Commission¦
c Statue is usually divided into section. w/c contains a single proposition.
c '2 - Philippine Legislature- ¥ by authority of the US, be it enacted by the
c Parts
Philippine Legislature¦
Àc short title
c '3 - When '2 became bicameral: ¥Be it enacted by the Senate and House of
Àc policy section
Representatives of the Philippines in legislature assembled and by authority of
Àc definition section
the same¦
Àc administrative section
c '4 - Commonwealth- ¥Be it enacted by the National Assembly of the
Àc sections prescribing standards of conduct
Philippines
Àc sections imposing sanctions for violation of its provisions
c '5 £ when '4 became bicameral: ¥be it enacted by the Senate and House of
Àc transitory provision
Representatives in congress assembled¦ £ same 1946-1972/1987-present.
Àc separability clause
c '6 £ Batasang Pambansa: ¥Be it enacted by the Batasang Pambansa in
Àc effectivity clause
session assembled¦
c
Separability clause Àc acts of the President fixing a date or declaring a statute or condition
c it states that if any provision of the act is declared invalid, the remainder shall of public moment or interest, upon the existence of which the
c It is not controlling and the courts may invalidate the whole statute where what c MO
is left, after the void part, is not complete and workable Àc acts of the President on matters of administrative details or of
c Presumption £ statute is effective as a whole subordinate or temporary interest which only concern a particular
c its effect: to create in the place of such presumption the opposite of officer or office of government
separability. c MC
PRESIDENTIAL ISSUANCES, RULES AND ORDINANCES which the President desires to bring to the attention of all or some of
c are those which the president issues in the exercise of ordinance power. c General or Specific Order
c i.e. EO, AO (administrative orders), proclamations, MO (memorandum Àc Acts and commands of the President in his capacity as Commander-
orders), MC (memorandum circulars), and general or special orders. in-Chief of the AFP
Àc acts of the President providing for rules of a general or permanent c See Art 8, Sec. 5(5) 1987 Constitution
character in the implementation or execution of constitutional/ c See Art. 6, Sec. 30 1987 Constitution
statutory powers. c It has been held that a law which provides that a decision of a quasi-judicial
Àc do not have the force and effect of laws enacted by congress body be appealable directly to the SC, if enacted without the advice and
Àc different from EO issued by the President in the ex of her legislative concurrence of the SC, ineffective
power during the revolution Presidential decree under the freedom Àc Remedy or applicable procedure £ go to CA
Àc acts of the President which relate to particular aspects of Àc No power to promulgate rules substantive in nature (unlike the
head c Substantive rules £ if it affects or takes away vested rights; right to appeal
c Proclamations
c
c Procedural rules £ means of implementing existing right; where to file an Administrative rule and interpretation distinguished
appeal for transferring the venue c Rule £ ¥makes¦ new law with the force and effect of a valid law; binding on the
c Rules and regulations issued by the administrative or executive officers in courts even if they are not in agreement with the policy stated therein or with
accordance with and authorized by law, have the force and effect of law its innate wisdom
Àc Requisites for validity c Interpretation £ merely advisory for it is the courts that finally determine what
ÿc Rules should be germane to the objects and purposes of the law means
the law c Administrative construction is not necessarily binding upon the courts; it may
ÿc Regulations be not in contradiction with, but conform to, the be set aside by judicial department (if there is an error of law, or abuse of
standards that the law prescribes power or lack of jurisdiction or GAD £ grave abuse of discretion)
Àc Law cannot be restricted or extended c Sangguniang barangay £ smallest legislative body; may pass an ordinance by
Àc Law prevails over regulations, if there are discrepancies majority of all its members; subject to review by Sangguniang bayan/
power £ if it enlarges or restricts such statute is invalid c Sangguniang bayan/ panglungsod £ take action on the ordinance within 30
c Requisites for delegating a statute by legislative branch to another branch of days from submission; if there¨s inaction, it is presumed to be consistent with
government to fill in details, execution, enforcement, or administration of law. the municipal or city ordinance; if inconsistency is found, it will remand to the
Àc Fix a standard which may be express or implied c Lodged in the Sangguniang bayan
ÿc Example of ¥standard¦ £ simplicity and dignity; public c Majority of the quorum voting, ordinance is passed
interest; public welfare; interest of law and order; justice and c Ordinance sent to Mayor within 10 days for approval or veto; if there¨s
equity and substantial merit of the case; adequate and mayor¨s inaction, ordinance is presumed approved; if vetoed and overridden
Àc Change of ¥and/or¦ to ¥or¦ £ invalid Àc Within 30 days may invalidate in whole or in part and its action is
Àc Change of ¥may¦(permissive) to ¥shall¦ (mandatory) £ invalid (Grego v final; if there¨s inaction within 30 days, it is deemed valid
COMELEC pp 22)
City ordinance
c
c Xested in Sangguniang panglungsod c All reasonable doubts should be resolved in favor of the constitutionality of
c Submitted to Mayor within 10 days c Final arbiter of unconstitutionality of law is the Supreme Court EN BANC
Àc Xeto £ 2/3 of all members £ approved c Nonetheless, trial courts have jurisdiction to initially decide the issue of
which shall take action within 30 days, otherwise, it will be deemed valid Requisites for exercise of judicial power
Provincial ordinance c Interest personal and substantial by the party raising the constitutional
c Forwarded to the Governor who within 15 days from receipt shall c Plea that the function be exercised at the earliest opportunity
Àc Approve c Necessity that the constitutional question be passed upon in order to decide
Appropriate case
c Judicial power is limited only to real, actual, earnest, and vital controversy
Presumption of constitutionality c Controversy is justiciable when it refers to matter which is appropriate for
c Every statute is presumed valid court review; pertains to issues which are inherently susceptible of being
Àc Due respect to the legislative who passed and executive who c Courts cannot rule on ¥political questions¦ £ questions which are concerned
approved with issues dependent upon the wisdom (v. legality) of a particular act or
Àc Responsibility of upholding the constitution rests not on the courts measure being assailed
alone but on the legislative and executive branches as well Àc ¥separation of powers¦
c Courts cannot inquire into the wisdom or propriety of laws Àc However, Constitution expands the concept of judicial review £
c To declare a law unconstitutional, the repugnancy of the law to the constitution judicial power includes the duty of the courts of justice to settle actual
must be clear and unequivocal controversies involving rights which are legally demandable and
c
amounting to lack or excess of jurisdiction on the branch or the part
c Legal standing or locus standi £ personal/ substantial interest in the case such c where the constitutional question is of paramount public interest and time is of
that the party has sustained or will sustain direct injury as a result of the essence in the resolution of such question, adherence to the strict
governmental act that is being challenged procedural standard may be relaxed and the court, in its discretion, may
c ¥interest¦ £ an interest in issue affected by the decree squarely decide the case
c Citizen £ acquires standing only if he can establish that he has suffered some c where the question of validity, though apparently has become moot, has
actual or threatened concrete injury as a result of the allegedly illegal conduct become of paramount interest and there is undeniable necessity for a ruling,
of the government strong reasons of public policy may demand that its constitutionality be
Àc E.g. taxpayer £ when it is shown that public funds have been illegally resolved
disbursed
c Member of the Senate or of the House has legal standing to question the Test of constitutionality
validity of the Presidential veto or a condition imposed on an item in an c is what the Constitution provides in relation to what can or may be done
appropriations bills under the statute, and not by what it has been done under it.
c SC may, in its discretion, take cognizance of a suit which does not satisfy the Àc If not within the legislative power to enact
Àc E.g. calling by the President for the deployment of the Philippine ÿc Xiolates due process
Marines to join the PNP in visibility patrols around the metro ÿc Leaves law enforcers unbridled discretion in carrying out its
provisions
When to raise constitutionality Àc Where there¨s a change of circumstances £ i.e. emergency laws
c xxx at the earliest possible opportunity £ i.e. in the pleading c Ordinances (test of validity are):
c it may be raised in a motion for reconsideration / new trial in the lower court; Àc It must not contravene the Constitution or any statute
c in criminal cases £ at any stage of the proceedings or on appeal Àc It must not be partial or discriminatory
c in civil cases, where it appears clearly that a determination of the question is Àc It must not prohibit but may regulate trade
necessary to a decision, and in cases where it involves the jurisdiction of the Àc It must be general and consistent with public policy
c
c Exception £ that when parts of a statute are so mutually dependent and
c It confers no rights each other, as to warrant a belief that the legislature intended them as a
c Imposes no duties whole, the nullity of one part will vitiate the rest £ such as in the case of Tatad
c Creates no office
c 2 views:
Àc Orthodox view £ unconstitutional act is not a law; decision affect ALL When laws take effect
Àc Modern view £ less stringent; the court in passing upon the question c Art 2 CC - ¥xxx laws to be effective must be published either in the Official
of unconstitutionality does not annul or repeal the statute if it finds it Gazette or in a newspaper of general circulation in the country¦
in conflict with the Constitution; decisions affects parties ONLY and Àc The effectivity provision refers to all statutes, including those local
no judgment against the statute; opinion of court may operate as a and private, unless there are special laws providing a different
precedent; it does not repeal, supersede, revoke, or annul the effectivity mechanism for particular statutes
c Effectivity of laws
c It is deemed valid at the time of its enactment as an exercise of police power circulation in the country; publication must be full
c It becomes invalid only because the change of conditions makes its continued c The clause ¥unless it is otherwise provided¦ £ solely refers to the 15-day
operation violative of the Constitution, and accordingly, the declaration of its period and not to the requirement of publication
nullity should only affect the parties involved in the case and its effects applied
c The President¨s ordinance power includes the authority to issue EO, AO,
c General rule: that where part of a statute is void as repugnant to the c Requirement of publication applies except if it is merely interpretative or
Constitution, while another part is valid, the valid portion, if separable from the internal in nature not concerning the public
c
Àc Those whose purpose is to enforce or implement existing law local newspaper. In the absence of local newspaper, in any newspaper of
requires publication Àc Highly urbanized city £ minimum population of 200,000 and with
Àc Those which are merely interpretative in nature or internal; does not latest annual income of at least 50M Php
require publication
c Requirements of filing (1987 Administrative Code): Statutes continue in force until repealed
Àc Every agency shall file with the UP Law Center 3 certified copies of c Permanent/ indefinite £ law once established continues until changed by
every rule adopted by it. Rules in force on the date of effectivity of competent legislative power. It is not changed by the change of sovereignty,
this Code which are not filed within 3 months from that date shall not except that of political nature
thereafter be the basis of any sanction against any party/ persons c Temporary £ in force only for a limited period, and they terminate upon
c Unless otherwise stated, the same shall take effect 10 days from the date a Territorial and personal effect of statutes
copy is posted in a bulletin board at the entrance of the provincial capitol or c All people within the jurisdiction of the Philippines
c The secretary to the Sangguinian concerned shall cause the posting not later c See Art. 13 CC
than 5 days after approval; text will be disseminated in English or Tagalog; the c Where a statute requires the doing of an act within a specified number of
secretary to the Sangguinian concerned shall record such fact in a book kept days, such as ten days from notice, it means ten calendar days and NOT ten
for that purpose, stating the dates of approval and posting working days
c Gist of ordinance with penal sanctions shall be published in a newspaper of c E.g. 1 year from Oct. 4, 1946 is Oct. 4, 1947
general circulation within the respective province concerned; if NO newspaper c If last day falls on a Sunday or holiday, the act can still be done the following
municipalities and cities of the province where the Sanggunian of origin is c Principle of ¥exclude the first, include the last¦ DOES NOT APPLY to the
situated computation of the period of prescription of a crime, in which rule, is that if the
c For highly urbanized and independent component cities, main features of the last day in the period of prescription of a felony falls on a Sunday or legal
ordinance, in addition to the posting requirement shall be published once in a holiday, the information concerning said felony cannot be filed on the next
c
c Rules of statutory construction are tools used to ascertain legislative intent.
CHAPTER TWO: Construction and Interpretation c In enacting a statute, the legislature is presumed to know the rules of statutory
c Construction is the art or process of discovering and expounding the meaning c Legislature also defines to ascertain the meaning of vague, broad words/
and intention of the authors of the law, where that intention rendered terms
doubtfully reason of ambiguity in its language or of the fact that the given case
c Construction is drawing of warranted conclusions beyond direct expression of c The purpose is to ascertain and give effect to the intent of the law.
the text expressions which are in spirit though not within the text. c The object of all judicial interpretation of a statute is to determine legislative
c xxx inevitably, there enters into the construction of statutes the play of intent, either expressly or impliedly, by the language used; to determine the
JUDICIAL JUDGMENT within the limits of the relevant legislative materials meaning and will of the law making body and discover its true interpretations
c They are so alike in practical results and so are used interchangeably; c is the essence of the law
synonymous. c Intent is the spirit which gives life to legislative enactment. It must be enforced
when ascertained, although it may not be consistent with the strict letter of the
Construction Interpretation statute. It has been held, however, that that the ascertainment of legislative
- process of drawing warranted - art of finding the true meaning and intent depend more on a determination of the purpose and object of the law.
conclusions not always included in direct sense of any form of words c Intent is sometimes equated with the word ¥spirit.¦
expressions, or determining the c While the terms purpose, meaning, intent, and spirit are oftentimes
application of words to facts in litigation interchangeably used by the courts, not entirely synonymous
c
c A legislative purpose is the reason why a particular statute was enacted by Àc To grant the laborers a share in the increased participation of
c Legislation ¥is an active instrument and government which, for the purpose of c The legislative intent is, thus to make the act operative irrespective of whether
interpretation means that laws have ends to be achieved¦ there exists a milling agreement between central and the sugar planters.
c Legislative meaning is what the law, by its language, means. c ¥It is not enough to ascertain the intention of the statute; it is also necessary to
c What it comprehends; see whether the intention or meaning has been expressed in such a way as to
c What its limits or confines are. c Thus: The object of inquiry is not only to know what the legislature used
c Intent and Meaning £ synonymous sufficiently expresses that meaning. The legal act is made up of 2 elements:
c If there is ambiguity in the language used in a statute, its purpose may Àc internal £ intention
indicate the meaning of the language and lead to what the legislative intent is Àc external- expression
Graphical illustration £
Federation of Free Farmers v CA. c The primary source of legislative intent is the statute itself.
c RA No. 809 Sec. 1 £ ¥In absence of a written milling agreements between the c If the statute as a whole fails to indicate the legislative intent because of
majority of the planters and the millers, the unrefined sugar as well as all by- ambiguity, the court may look beyond the statute such as:
products shall be divided between them¦ Àc Legislative history £ what was in the legislative mind at the time the
c RA 809 Sec. 9 £ ¥The proceeds of any increase in participation granted by the statute was enacted; what the circumstances were; what evil was
planters under this act and above their present share shall be divided meant to be redressed
between the planter and his laborer in the proportion of 60% laborer and 40% Àc Purpose of the statute £ the reason or cause which induced the
planter¦ enactment of the law, the mischief to be suppressed, and the policy
c To give literal import in interpreting the two section will defeat the purpose of which dictated its passage
the Act Àc when all these means fail, look into the effect of the law.
rd
c The purpose: ÿc If the 3 means (effect of the law) is first used, it will be
c
POWER TO CONSTRUE
c It is the court that has the final word as to what the law means. c Explains why legislative cannot overrule Supreme Court¨s decision
c It construes laws as it decide cases based on fact and the law involved
c Laws are interpreted in the context of a peculiar factual situation of each case Perfecto v. Meer
c Circumstances of time, place, event, person and particularly attendant c Art. 8 Sec. 9 1935 Constitution £ SC¨s interpretation: ¥shall receive such
circumstances and actions before, during and after the operative fact have compensation as may be fixed by law, which shall not be diminished during
taken their totality so that justice can be rationally and fairly dispensed. their continuance in office¦ £ exempt from income tax
c Moot and academic £ c Legislative passed RA 590 Sec. 13 £ ¥no salary whenever received by any
Àc Purpose has become stale public officer of the Republic shall be considered exempt from the income tax,
Àc No practical relief can be granted payment of which is hereby declared not to be a diminution of his
ÿc Public interest requires its resolution c Art 8 Sec. 9 1935 £ repealed by Art. 15 Sec. 6 1973 Constitution £ ¥no salary
ÿc Rendering decision on the merits would be of practical value or any form of emolument of any public officer or employee, including
Legislative cannot overrule judicial construction c Thus, judiciary is not exempt from payment of tax anymore
c It cannot preclude the courts from giving the statute different interpretation
c Executive- to execute laws c ¥Interpretations may be set aside.¦ The interpretation of a statute or a
c Judicial- interpretation and application constitutional provision by the courts is not so sacrosanct as to be beyond
c If the legislature may declare what a law means £ it will cause confusionit modification or nullification.
will be violative of the fundamental principles of the constitution of separation c The Supreme Court itself may, in an appropriate case change or overrule its
c Legislative construction is called resolution or declaratory act c The rule that the Supreme Court has the final word in the interpretation or
c
resolution, modify or annul the judicial construction without modifying or c EPZA¨s power £ not exclusive; ¥sole¦ refers to police authority not emplyed to
repealing the very statute which has been the subject of construction. It can, describe other power
and it has done so, by amending or repealing the statute, the consequence of
which is that the previous judicial construction of the statute is modified or set Lapid v. CA
aside accordingly. c Issue: whether or not the decision of the Ombudsman imposing a penalty of
When court may construe statute c Administrative Code and LGC £ not suppletory to Ombudsman Act
c ¥The court may construe or interpret a statute under the condition that THERE c These three laws are related or deal with public officers, but are totally
than one interpretation. c An administrative agency tasked to implement a statute may not construe it by
c Only when the law is ambiguous or doubtful of meaning may the court expanding its meaning where its provisions are clear and unambiguous
Land Bank v. CA
Court may not construe where statute is clear c DAR interpreted ¥deposits¦ to include trust accounts¦
c A statute that is clear and unambiguous is not susceptible of interpretations. c SC held that ¥deposits¦ is limited only to cash and LBP bonds
c Construction £ very last function which the court should exercise Libanan v. HRET
c Law is clear £ no room for interpretation, only room for application c Issue: whether ballots not signed at the back by the chairman of the Board of
c Courts cannot enlarge or limit the law if it is clear and free from ambiguity Election Inspectors (BEI) are spurious, since it violated Sec. 24 RA 7166
(even if law is harsh or onerous c Held: not spurious; only renders the BEI accountable
c A meaning that does not appear nor is intended or reflected in the very
language of the statute cannot be placed therein by construction Rulings of Supreme Court part of legal system
Manikan v. Tanodbayan Constitution shall form part of the legal system of the Philippines¦
c Sec. 7 PD 1716-A £ ¥sole police authority¦ of EPZA officials may not be c O a l v b £ auha
a f h SC f a
construed as an exception to, or limitation on, the authority of the Tanodbayan au acqu h fc f law by b c a a h f a f h da f
to investigate complaints for violation of the anti-graft law committed by the ac , c h cu¨ a y abh h
EPZA officials
c
contemporaneous legislative intent that the statute thus construed intends to c On BP 22, Co is acquitted in relying on the Circular issued; Que doctrine,
effectuate which convicted Que under BP 22, was not given retroactive application
pcpl f law a applcabl a c a a f fac, wll ah ha Roa v. Collector of Custo s
pcpl a apply all fu ca wh h fac a baally h c Used jus soli (place of birth)
Àc For stability and certainty c However, the abandonment of the principle of jus soli did not divest the
c Supreme Court becomes, to the extent applicable, the criteria that must citizenship of those who, by virtue of the principle before its rejection, became
control the actuations not only of those called upon to abide thereby but also of were declared citizens of the Philippines
c Issue: when to count the 5-year period to repurchase land granted CA 141
Judicial rulings have no retroactive effect c Monge v Angeles (1957) and Tupas v Damaso (1984) £ from the date of
c Lex prospicit not respicit - the law looks forward, not backward conveyance or foreclosure sale
c Rationale: Retroactive application of a law usually divest rights that have c Belisario v. IAC (1988) £ from the period after the expiration of the 1-year
already become vested or impairs he obligations of contract and hence is period of repurchase
unconstitutional. c The SC held that the doctrine that should apply is that which was enunciated
in Monge and Tupas because the transactions involved took place prior to
Peo v. Jabinal Belisario and not that which was laid down in the latter case which should be
c Peo v Macarandang £ peace officer exempted from issuance of license of applied prospectively
c Peo. v. Mapa £ abandoned doctrine of Macarandang in 1967 Court may issue guidelines in construing statute
c The present case, Jabinal was arraigned while the Macarandang Doctrine c In construing a statute, the enforcement of which may tread on sensitive areas
was still prevailing, however, the decision was promulgated when the Mapa of constitutional rights, the court may issue guidelines in applying the statute,
doctrine was in place not to enlarge or restrict it but to clearly delineate what the law is.
c The Court held that Jabinal is acquitted using stare decisis doctrine and
Co. v. CA c What acts that may be considered liable under the Anti-Subversion Act
c
Courts not to be influenced by questions of wisdom
Ma
. E c Courts do not pass upon question of wisdom, justice or expediency of
c Rights of a person under custodial investigation legislation, for it¨s not within their province to supervise legislation and keep it
c The court merely interpret regardless of whether or not they wise or salutary.
RP v. CA/ Molina
c Guidelines for ascertaining psychological incapacity of an erring spouse in a CHAPTER THREE: Aids to Construction
IN GENERAL
Generally
Courts may not enlarge nor restrict statutes c Where the meaning of a statue is ambiguous, the court is warranted in
c Courts are not authorized to insert into the law what they think should be in it availing itself of all illegitimate aids to construction in order that it can ascertain
or to supply what they the legislature would have supplied if its intention had the true intent of the statute.
been called to the omission. c The aids to construction are those found in the printed page of the statute
c They should not by construction, revise even the most arbitrary or unfair itself; know as the intrinsic aids, and those extraneous facts and
action of the legislature, nor rewrite the law to conform to what they think circumstances outside the printed page, called extrinsic aids.
c Neither should the courts construe statutes which are perfectly vague for it Title
violates due process c It is used as an aid, in case of doubt in its language to its construction and to
Àc Failure to accord persons fair notice of the conduct to avoid ascertaining legislative will.
Àc Leave law enforcers unbridled discretion in carrying out its provisions c If the meaning of the statute is obscure, courts may resort to the title to clear
Àc Good faith c The title may indicate the legislative intent to extend or restrict the scope of
c an utterly vague act on its face cannot be clarified by either a saving clause or constructed to conform to the legislative intent as disclosed in its title.
by construction c Resorted as an aid where there is doubt as to the meaning of the law or as to
c
c Serve as a guide to ascertaining legislative intent carries more weight in this c Words by virtue of judicial decisions rendered in the title of the law stand in
jurisdiction because of the constitutional requirement that ¥every bill shall equal importance to the phrase in Sections 1 thereof by virtue of judicial
embrace only one subject who shall be expressed in the title thereof. proceedings instituted.
c The constitutional injunction makes the title an indispensable part of a statute. c The court ruled that examining Act no. 2874 in detail was intended to apply to
public lands only for the title of the act, always indicative of legislative intent.
Bauio
. Marcos c No bill shall embrace more than one subject, which subject shall be expressed
c The question raised is when to count the 40 yr period to file a petition for in the title of the bill, the words and for other purposes¨ when found in the title
reopening of cadastral proceedings (to settle and adjudicate the titles to the have been held to be without force or effect whatsoever and have been
various lots embraced in the survey) as authorized by RA 931 covering the altogether discarded in construing the Act.
lands that have been or about to be declared land of public domain, by virtue
of judicial proceedings instituted w/in the 40 years next preceding the approval Ebarle v. ucaldito
of this act. c The issue is raised whether Executive order no. 264 entitled ¥ Outlining the
c The question is asked if the proceeding be reopened originally instituted in procedure by which complaints charging government officials and employees
court April 12, 1912 or November 25, 1922, the counted date form which the with commission of irregularities should be guided¦ applies to criminal actions,
decision therein rendered became final. Petition was filed on July 25, 1961 to the end that no preliminary investigation thereof can be undertaken or
c Title of the Law ¥An Act to authorize the filing in the proper court under certain information file in court unless there is previous compliance with the executive
conditions of certain claims of title to parcels of land that have been declared order.
public land, by virtue of the approval of this act.¦ c EO only applies to administrative and not to criminal complaints.
c There was an apparent inconsistency between the title and body of the law. c The very title speaks of commission of irregularities.
c It ruled that the starting date to count the period is the date the final decision
c It recites that it authorizes court proceedings of claims to parcels of land c The text of the statute is clear and free from doubt, it is improper to resort to
declared public by virtue of judicial decisions rendered within forty years next its title to make it obscure.
preceding the approval of this act. c The title may be resorted to in order to remove, but not to create doubt.
c That title written in capital letters by Congress itself; such kind of title then is
not to be classed with words or titles used by compilers of statues because it Preamble
is the legislature speaking. c It is a part of the statute written immediately after its title, which states the
c
c Generally omitted in statutes passed by: not used as a necessary tool or implement for livelihood, with imprisonment
c Phil. Legislature c Question rose whether the carrying of such weapon should be in relation to
c Batasang Pambansa c The mere carrying of such weapon outside one¨s residence is sufficient to
c These legislative bodies used the explanatory note to explain the reasons for constitute a violation of the law
the enactment of statutes. c Pursuant to the preamble which spelled out the events that led to the
c Extensively used if Presidential decrees issued by the President in the enactment of the decree the clear intent and spirit of the decree is to require
exercise of his legislative power. the motivation mentioned in the preamble as in indispensable element of the
c When the meaning of a statute is clear and unambiguous, the preamble can crime.
neither expand nor restrict its operation, much less prevail over its text. Nor c The severity of the penalty for the violation of the decree suggests that it is a
can be used as basis for giving a statute a meaning. serious offense, which may only be justified by associating the carrying out of
c When the statute is ambiguous, the preamble can be resorted to clarify the such bladed of blunt weapon with any of the purposes stated in its preamble.
ambiguity.
c Preamble is the key of the statute, to open the minds of the lawmakers as to Peo v. Echavez
the purpose is achieved, the mischief to be remedied, and the object to be c Issue: whether a person who squatted on a pastoral land could be held
accomplished, by the provisions of the legislature. criminally liable for the violation of PD 772 ¥any person who, with the use of
c May decide the proper construction to be given to the statute. force, intimidation or threat, or taking advantage of the absence or tolerance
c May restrict to what otherwise appears to be a broad scope of law. of the land owner, succeeds in occupying or possessing the property of the
c It may express the legislative intent to make the law apply retroactively in latter against his will for residential, commercial or any other purposes.
which case the law has to be given retroactive effect. c The decree was promulgated to solve the squatting problem which according
to its preamble is still a major problem in urban communities all over the
Illustration of rule country and because many persons and entities found to have been unlawfully
People v. Purisima c The court said that crime may only be committed in urban communities and
c A person was charged w/ violation of PD 9 which penalizes, among others, not in agricultural and pastural lands because the preamble of the decree
the carrying outside of one¨s residence any bladed, blunt or pointed weapon shows that it was intended to apply for squatting in urban lands, more
c
c SC held: only the last antecedent £ ¥any citizen of the Philippines or any
Context of whole text association or corporation organized under the laws of the Philippines¦
c To ascertain legislative intent is the statute itself taken as a whole and in c xxx pursuant to which backpay certificate-holders can compel government-
relation to one another considering the whole context of the statute and not owned banks to accept said certificates for payment of their obligations
from an isolated part of the provision. subsisting at the time of the amendatory act was approved
c Every section, provision, or clause of the statute must be expounded by c ¥if the charge against such subordinate or employee involves dishonesty,
reference to each other in order to arrive at the effect contemplated by the oppression, or grave misconduct or neglect in the performance of his duty¦
legislature. c ¥dishonesty¦ and ¥oppression¦ £ need not be committed in the course of the
Punctuation marks
c Semi- colon £ used to indicate a separation in the relation of the thought, what Peo.
. ubido
follows must have a relation to the same matter it precedes it. c Subsidiary imprisonment in case of insolvency qualifies both non-payment of
c Comma and semi- colon are use for the same purpose to divide sentences, indemnity and non-payment of fine
but the semi £ colon makes the division a little more pronounce. Both are not
c Punctuation marks are aids of low degree and can never control against the c An aid of low degree in the construction of statute.
c The qualifying effect of a word or phrase may be confined to its last c Secondary aids
antecedent if the latter is separated by a comma from the other antecedents. c They are prefixed to sections, or chapters of a statute for ready reference or
c Not entitled too much weight, and inferences drawn there from are of little
Illustrative examples value and they can never control the plain terms of the enacting clauses, for
Florentino v. PNB c The provisions of each article are controlling upon the subject thereof and
c ¥who may be willing to accept the same for such settlement¦ £ this implies operate as a general rule for settling such questions as are embraced therein.
discretion
c
c When the text of a statute is clear and unambiguous, there is neither c Policy of the law £ to conserve the land of the homesteader
necessity nor propriety to resort to the headings or epigraphs of a section for c xxx not be subject to encumbrance/ alienation from the date of the approval of
interpretation of the text, especially when they are mere reference aids the application and for a term of 5 years from and after the date of the
indicating the general nature of the text that follows. issuance of the patent or grant
Spanish, English shall govern but in case of ambiguity, Spanish may be Cajiuat
. Mathay
consulted to explain the English text. c policy £ against double pensions for the same services
c A statute is officially promulgated in Spanish or in English, or in Filipino c a law which grants retirable employees certain gratuity ¥in addition to other
c ¥In the interpretation of a law or administrative issuance promulgated in all the benefits which they are entitled under existing laws¦ CANNOT be construed
official languages, the English text shall control, unless otherwise provided. as to authorize the grant of double gratuity
c Controlling factor, leading star and guiding light in the application and
interpretation of a statute.
c A statute must be according to its spirit or intent. Purpose of law or mischief to be suppressed
c The courts cannot assume an intent in no way expressed and then construe c Intended to be removed or suppressed and the causes which induced the
the statute to accomplish the supposed intention; otherwise they would pass enactment of the law are important factors to be considered in this
c Should be given effect by the judiciary. Àc Causes which induced the enactment of the law
c One way to accomplish this mandate is to give a statute of doubtful meaning, c Must be read in such a way as to give effect to the purpose projected in the
c The purpose of the general rule is not determinative of the proper construction
c
c Purpose of statute is more important than the rules of grammar and logic in ÿc unnecessary changes in law
ÿc absurdity
c Generally define words in their natural plain and ordinary acceptance and ÿc ineffectiveness.
significance.
LEGISLATIXE HISTORY
c A construction of a statute should be rejected that will cause injustice and c A statute is susceptible of several interpretations or where there is ambiguity
hardship, result in absurdity, defeat legislative intent or spirit, preclude in the language, there is no better means of ascertaining the will and intention
accomplishment of legislative purpose or object, render certain words or of the legislature than that which is afforded by the history of the statute.
c History of a statute refers to all its antecedents from its inception until its
c Its history proper covers the period and the steps done from the time the bill is
c Based on logic, experience, and common sense, and in the absence of c What it includes:
compelling reasons to the contrary, doubts as to the proper and correct Àc President¨s message if the bill is enacted in response thereto,
construction of a statute will be resolved in favor of that construction which is Àc The explanatory note accompanying the bill
in accord with the presumption on the matter. Àc Committee reports of legislative investigations
Àc Effective, sensible, beneficial and reasonable operation as a whole before final approval thereof.
c
Àc If the statute is based from a revision, a prior statute, the latter¨s Legislative debates, views and deliberations
practical application and judicial construction, c Courts may avail to themselves the actual proceedings of the legislative body
Àc Xarious amendments it underwent to assist in determining the construction of a statute of doubtful meaning.
Àc Contemporary events at the c There is doubt to what a provision of a statute means, that meaning which
was put to the provision during the legislative deliberation or discussion on the
c The president shall address the congress at the opening of its regular session c Xiews expressed are as to the bill¨s purpose, meaning or effect are not
or appear before it at any other time. controlling in the interpretation of the law.
c Usually contains proposed legal measures. c It is impossible to determine with authority what construction was put upon an
c Indicates his thinking on the proposed legislation, when enacted into law, act by the members of the legislative body that passed the bill.
follows his line of thinking on the matter. c The opinions expressed by legislators in the course of debates concerning the
application of existing laws are not also given decisive weight, especially
where the legislator was not a member of the assembly that enacted the said
c A short exposition of explanation accompanying a proposed legislation by its c When a statute is clear and free from ambiguity, courts will not inquire into the
author or proponent. motives which influence the legislature or individual members, in voting for its
c Where there is ambiguity in a statute or where a statute is susceptible of more passage; no indeed as to the intention of the draftsman, or the legislators, so
than one interpretation, courts may resort to the explanatory note to clarify the far as it has not been expressed into the act.
c Used to give effect to the purpose or intent as disclosed in its explanatory Reports of commissions
note. c Commissions are usually formed to compile and collate all laws on a particular
c A statute affected or changed an existing law and the explanatory note to the subject and to prepare the draft of the proposed code.
bill which has eventually enacted into a law states that the purpose is too
simply to secure the prompt action on a certain matter by the officer Prior laws from which statute is based
concerned and not to change the existing law; the statute should be construed c Courts are permitted to prior laws on the same subject and to investigate the
c It may be used as a basis for giving a statute a meaning that is inconsistent c This is applicable in the interpretation of codes, revised or compiled statutes,
with what is expressed in the text of the statute. for the prior law which have been codified, compiled or revised will show the
c
legislative history that will clarify the intent of the law or shed light on the was intended and courts should so construe that statute as to reflect such
c Issue: whether or not justice of peace is included c ¥national port¦ (new law) not the same as ¥any port¦ (old law); otherwise,
c Contention of Manantan, who is a justice of peace, is that the omission of ¥national¦ will be a surplusage
¥justice of peace¦ revealed the intention of the legislature to exclude such from
c Held: contention denied. In holding that the word ¥judge¦ includes ¥justice of c Deletion of certain words or phrases in a statute indicates that the legislature
peace¦, the Court said that ¥a review of the history of the Revised Election intended to change the meaning of the statute, for the presumption is that the
Code will help justify and clarify the above conclusion¦ legislation would not have made the deletion had the intention been not effect
Director of Oands v. Abaya c A statute containing a provision prohibiting the doing of a certain thing is
c When to count the 10-year period, either from the date the decision was amended by deleting such provision.
c Held: court resolved the issue by referring to 4 older laws which have in Gloria v. CA
common that counting of the period starts from the date of the institution of the c Issue: whether a public officer or employee, who has been preventively
judicial proceeding and not from the date the judgment is rendered suspended pending investigation of the administrative charges against him, is
entitled to his salary and other benefits during such preventive suspension
c Held: Court answered in the negative because such provision with regard to
alaysay v. Castro payment of salaries during suspension was deleted in the new law
c Thus, a vice mayor acting as mayor is not included in the provision Buenaseda v. Flavier
Change in phraseology by amendments administrative cases who are employed in his office, and not those who are
c Intents to change the meaning of the provision. employees in other department or offices of the government
different phraseology, the deliberate selection of language differing from that Exceptions to the rule (of amendment by deletion)
of the earlier act on the subject indicates that a change in meaning of the law
c
c An amendment of the statue indicates a change in meaning from that which
the statute originally had applies only when the intention is clear to change the Conditions at time of enactment
previous meaning of the old law. c In enacting a statute, the legislature is presumed to have taken into account
c Rules don¨t apply when the intent is clear that the amendment is precisely to the existing conditions of things at the time of its enactment.
plainly express the construction of the act prior to its amendment because its c In the interpretations of a statute, consider the physical conditions of the
language is not sufficiently expressive of such construction. country and the circumstances then obtain understanding as to the intent of
c Frequently, words do not materially affect the sense will be omitted from the the legislature or as to the meaning of the statute.
c A court may look to the history of the times, examining the state of things
c Foreign statutes are adopted in this country or from local laws are patterned c A statute should not be construed in a spirit as if it were a protoplasm floating
c Local statutes are patterned after or copied from those of another country, the c In determining the meaning, intent, and purpose of a law or constitutional
decision of the courts in such country construing those laws are entitled to provision, the history of the times of which I grew and to which it may be
great weight in the interpretation of such local statutes. rationally supposed to bear some direct relationship, the evils intended to be
Limitations of rule c Law being a manifestation of social culture and progress must be interpreted
c A statute which has been adopted from that of a foreign country should be taking into consideration the stage of such culture and progress including all
construed in accordance with the construction given it in the country of origin the concomitant circumstances.
is not without limitations. c Law is not a watertight compartment sealed or shut off from the contact with
conditions and is not in conflict with existing law, nevertheless, many of the Generally
principles of the common law have been imported into this jurisdiction as a c Are the constructions placed upon statutes at the time of, or after their
result of the enactment of laws and establishment of institutions similar to enactment by the executive, legislative or judicial authorities, as well as by
c
those who involve in the process of legislation are knowledgeable of the intent Àc They have the competence, expertness, experience and informed
and purpose of the law. judgment, and the fact that they frequently are the drafters of the law
c Is the construction placed upon the statute by an executive or administrative c Issue: whether the government can legally collect duties ¥as a charge for
officer. wharfage¦ required by a statute upon all articles exported through privately-
Àc Construction by an executive or administrative officer directly called c Held: the court reasoned in the affirmative by saying ¥the language of the Act
to implement the law. could have been made more specific and certain, but in view of its history, its
Àc Construction by the secretary of justice in his capacity as the chief long continuous construction, and what has been done and accomplished by
legal adviser of the government. and under it, we are clearly of the opinion that the government is entitled to
Àc Handed down in an adversary proceeding in the form of a ruling by have and receive the money in question, even though the sugar was shipped
c Where there is doubt as to the proper interpretation of a statute, the uniform Weight accorded to usage and practice
construction placed upon it by the executive or administrative officer charged c Common usage and practice under the statute, or a course of conduct
with its enforcement will be adopted if necessary to resolve the doubt. indicating a particular undertaking of it, especially where the usage has been
c True expression of the legislative purpose, especially if the construction is acquiesced in by all the parties concerned and has extended over a long
Àc Also relates to experience and growth of specialized capabilities by c This rule-making power, authorities sustain the principle that the interpretation
the administrative agency by those charged with their enforcement is entitled to great weight by the
c
c Legislative is presumed to have full knowledge of a contemporaneous or
Reasons why contemporaneous construction is given much weight practical construction of a statute by an administrative or executive officer
c It is entitled to great weight because it comes from the particular branch of charged with its enforcement.
government called upon to implement the law thus construed. c The legislature may approve or ratify such contemporaneous construction.
c Are presumed to have familiarized themselves with all the considerations c May also be showmen by the legislature appropriating money for the officer
pertinent to the meaning and purpose of the law, and to have formed an designated to perform a task pursuant to interpretation of a statute.
independent, conscientious and competent expert opinion thereon c Legislative ratification is equivalent to a mandate.
c If it is clearly erroneous, the same must be declared null and void. c The re-enactment of a statute, previously given a contemporaneous
Erroneous contemporaneous construction does not preclude correction nor create prior construction.
rights; exceptions c Re-enactment if accorded greater weight and respect than the
c The doctrine of estoppel does not preclude correction of the erroneous contemporaneous construction of the statute before its ratification.
c An erroneous contemporeaneous construction creates no vested right on the c Judicial interpretation of a statute and is of greater weight than that of an
part of those relied upon, and followed such construction. executive or administrative officer in the construction of other statutes of
similar import.
c Take form of an implied acquiescence to, or approval of, an executive or doubtful meaning.
judicial construction of a statute. c Stare decisis et non quieta movere £ one should follow past precedents and
c The legislature cannot limit or restrict the power granted to the courts by the should not disturb what has been settled.
constitution. c Supreme Court has the constitutional duty not only of interpreting and applying
the law in accordance with prior doctrines but also of protecting society from
Legislative approval the improvidence and wantonness wrought by needless upheavals in such
c
c In order that it will come within the doctrine of tare decii, mut be Àc Xerba legis non est recedendum £ from the words of a statute there
categorically tated on an iue exprely raied by the partie; it mut be a should be no departure
direct ruling, not merely an obiter dictum Àc Thus, what is not clearly provided in the law cannot be extended to
c Obiter dictum £ opinion expressed by a court upon some question of law those matters outside its scope
which is not necessary to the decision of the case before it; not binding as a c Judicial legislation £ an encroachment upon legislative prerogative to define
c The principle presupposes that the facts of the precedent and the case to Àc Courts must administer the law as they find it without regard to
c Where the facts are dissimilar, then the principle of stare decisis does not
c The rule of stare decisis is not absolute. It does not apply when there is a c Employees were claiming separation pay on the basis of Art. 283 Labor Code
conflict between the precedent and the law. which states that ¥employer MAY also terminate the employment of an
c The duty of the court is to forsake and abandon any doctrine or rule found to employee¦ for reasons therein by serving notice thereof and paying separation
c Inferior courts as well as the legislature cannot abandon a precedent c There was compulsory acquisition by the government of the employer¨s land
enunciated by the SC except by way of repeal or amendment of the law itself (Patalon Coconut Estate) for purposes of agrarian reform which forced the
CHAPTER FOUR: Adherence to, or departure from, language of statute c Issue: whether or not employer is liable for separation pay?
LITERAL INTERPRETATION Àc It is a unilateral and voluntary act by the employer if he wants to give
separation pay
Literal meaning or plain-meaning rule Àc This is gleaned from the wording ¥MAY¦ in the statute
c General rule: if statute is clear, plain and free from ambiguity, it must be given Àc ¥MAY¦ denotes that it is directory in nature and generally permissive
Àc Index animi sermo £ speech is the index of intention Àc Ano yun, ipapasara ng government tapos magbabayad pa ang
Àc Words employed by the legislature in a statute correctly express its employer ng separation pay?!? Ang daya-daya! Lugi na nga si
intent or will employer, kikita pa si employee?!? Unfair! Cannot be! No! No!
c
Àc To depart from the meaning expressed by the words is to alter the
statute, to legislate and not interpret Statute must be capable of interpretation, otherwise inoperative
Àc Maledicta est exposition quae corrumpit textum £ dangerous c If no judicial certainty can be had as to its meaning, the court is not at liberty
c Dura lex sed lex £ the law may be harsh but it is still the law c In this case, the Court adopted a literal meaning thus, concluded that RA
c Absoluta sentential expositore non indigent £ when the language of the law is 6735 is inadequate to implement the power of the people to amend the
clear, no explanation of it is required Constitution (initiative on amendments) for the following reasons:
c When the law is clear, it is not susceptible of interpretation. It must be applied Àc Does not suggest an initiative on amendments on to the Constitution
regardless of who may be affected, even if it may be harsh or onerous because it is silent as to amendments on the Constitution and the
c Hoc quidem perquam durum est, sed ital ex scripta est £ it is exceedingly word ¥Constitution¦ is neither germane nor relevant to said section
hard but so the law is written Àc Does not provide for the contents of a petition for initiative on the
c A decent regard to the legislative will shoud inhibit the court from engaging in Constitution
judicial legislation to change what it thinks are unrealistic statutes that do not Àc Does not provide for subtitles for initiative on the Constitution
conform with ordinary experience or practice (respeto nalang sa ating mga Àc RA is incomplete and does not provide a sufficient standard
mambabatas! Whatever?!? Haha joke only) c Justice Puno (ano?!? Justice Tree?!) dissents:
c If there is a need to change the law, amend or repeal it, remedy may be done Àc Legislative intent is also shown by the deliberations on the bill that
through a legislative process, not by judicial decree became RA 6735 (there are 4 more reasons £ see page 130-131,
c Where the law is clear, appeals to justice and equity as justification to which are not so important)
construe it differently are unavailing £ Philippines is governed by CIXIL LAW c Interpretation of RA 6735 was not in keeping with the maxim interpretation
or POSITIXE LAW, not common law fienda est ut res magis valeat quam pereat £ that interpretation as will give the
c Equity is available only in the absence of law and not its replacement £ (so, thing efficacy is to be adopted
pag may law, walang equity equity! Pero pag walang law, pwedeng mag-
equity, gets?!?... important to!) What is within the spirit is within the law
c Aequitas nunquam contravenit legis £ equity never acts in contravention of the c Don¨t literally construe the law if it will render it meaningless, lead to
DEPARTURE FROM LITERAL INTERPRETATION c Ratio legis £ interpretation according to the spirit or reason of the law
c
c Spirit or intention of a statute prevails over the letter Àc Legislative words are not inert but derived vitality from the obvious
c A law should accordingly be so construed as to be in accordance with, and purposes at which they are aimed
not repugnant to, the spirit of the law Àc Legislation £ working instrument of government and not merely as a
c Presumption: undesirable consequences were never intended by a legislative collection of English words
Literal import must yield to intent Àc It is an active instrument of government which means that laws have
c Xerba intentioni, non e contra, debent inservire £ words ought to be more ends to be achieved
subservient to the intent and not the intent to the words (ahhh parang intent is c Holmes
to woman as word is to man £ so man is subservient to woman logical!) Àc Words are flexible
c Guide in ascertaining intent £ conscience and equity Àc The general purpose is a more important aid to the meaning than any
c So it is possible that a statute may be extended to cases not within the literal rule which grammar or formal logic may lay down
meaning of its terms, so long as they come within its spirit or intent Àc Courts are apt to err by sticking too closely to the words of law
Limitation of rule
c Statutes should be construed in the light of the object to be achieved and the
c As between two statutory interpretations, that which better serves the purpose c Issue: whether or not a Chinese (parang si RA and Serge) may be employed
of the law should prevail in a non-control position in a retail establishment, a wholly nationalized
business under RA 1180 Retail Trade Law (btw, wala na tong law na §to. It
arcos v. astillo has been repealed by the Retail Trade Liberalization Act £ my thesis! )
c This case explains why legislative purpose to determine legislative intent c Held: No! (kasi duduraan ka lang ng mga intsik! Joke only!) the law has to be
c Frankfurter construed with the Anti-Dummy Law £ prohibiting an alien from intervening in
c
c When the law says you cannot employ such alien, you cannot employ an c Purpose or object of the law £ to protect large cattle against theft and to make
alien! The unscrupulous alien may resort to flout the law or defeat its purpose! easy recovery and return of such cattle to their owners, when lost, strayed or
(maggulang daw mga intsik ultimo tubig sa pasig river, which is supposed to stolen
be free, bottles it and then sells it! Huwat?!?) c Issue: whether the slaughter of large cattle outside the municipal
c It is imperative that the law be interpreted in a manner that would stave off slaughterhouse without a permit by the municipal treasurer is prohibited?
any attempt at circumvention of the legislative purpose c Held: YES! Outside or inside without permit is prohibited
c Issue: how to compute for backwages to which an illegally dismissed c Issue: whether the CFI and a municipal court in the capital of a province have
employee would be entitled until his actual reinstatement (take note of this concurrent jurisdiction over the crime of libel
case.. it¨s a labor case kiliti ni Golangco) c RPC £ grants jurisdiction with CFI
c 3 ways: c Judiciary Act grants jurisdiction with the municipal court in the capital of a
st
Àc 1 £ before Labor Code £ to be deducted from the amount of province in offenses where the penalty is not more than prission correctional
backwages is the earnings elsewhere during the period of illegal or fine not exceeding 6,000Php (penalty for libel)
years c Patent Law £ grants the patentee the exclusive right to make, use, and sell his
rd
Àc 3 £ amended Art. 279 £ full backwages or without deductions from patented machine, article or product xxx
the time the laborer¨s compensation was withheld until his actual c Doctrine of equivalents £ when a device appropriates a prior invention by
reinstatement incorporating its innovative concept, and albeit with some modification and
c The clear legislative intent of the amendment in RA 6715 (Labor Code) is to change, performs substantially the same function in substantially the same
give more benefits to workers than was previously given them under the way to achieve substantially the same result (ano ba §to?!? Puro
st
Mercury Drug rule or the 1 way substantially?)
c The prohibition of the slaughter of carabaos for human consumption so long c 2 apparently conflicting provisions should be construed as to realize the
as these animals are fit for agricultural work/ draft purposes was a purpose of the law
¥reasonable necessary limitation¦ on private ownership c The purpose of the law is to INCREASE the worker¨s benefits
c
c Benefits under RA 6982 shall be IN ADDITION to the benefits under RA 809 Xasquez
. Gia
and PD 621 c Where the mischief sought to be remedied by a statute has already been
c ¥Substituted¦ cannot be given literal interpretation removed in a given situation, the statute may no longer apply in such case
c The law bans aliens from acquiring and owning lands, the purpose is to
When reason of law ceases, law itself ceases preserve the nation¨s lands for future generations of Filipinos
c The reason which induced the legislature to enact a law is the heart of the law c A sale of land in favor of an alien, in violation of the said law, no longer be
c Cessante ratione legis, cessat et ipsa lex £ when the reason of the law questioned after the alien becomes a Filipino citizen
c Ratio legis est anima £ reason of the law is its soul c xxx if it is clearly ascertainable from the CONTEXT!
c May supply legislative omission to make the statute conform to obvious intent
Peo
. lmuete of the legislature or to prevent the act from being absurd
c Agricultural Tenancy Act is repealed by the Agricultural Land Reform Code c Note: differentiate from judicial legislation
date other than that previously set without the mutual consent of the landlord
Àc Share tenancy relationship c As long as the meaning intended is apparent on the face of the whole
c Agricultural Land Reform Code £ abolished share tenancy relationship, thus enactment and no specific provision is abrogated
does not punish prereaping or prethreshing of palay on a date other than that c This is not judicial legislation
previously set without the mutual consent of the landlord and tenant anymore
ommedado
. De Xlla ufino Ooez & ons, Inc.
. T
c Issue: whether PD 39, which withdrew the right to peremptorily challenge c Court change the phrase ¥collector of customs¦ to ¥commissioner of customs¦
members of a military tribunal, had been rendered inoperative by PD 2045 to correct an obvious mistake in law
proclaiming the termination of a state of martial law c Sec 7 £ ¥commissioner of customs¦ £ grants the CTA jurisdiction to review
c Held: YES! The termination of the martial law and the dissolution of military decisions of the Commissioner of Customs
tribunals created thereunder, the reason for the existence of PD 39 ceased c Sec 11 £ ¥collector of customs¦ £ refers to the decision of the Collector of
automatically and the decree itself ceased Customs that may be appealed to the tax court
c
c ¥Commissioner¦ prevails £ Commissioner of Customs has supervision and c Interpretation talis in ambiguis simper fienda est ut evitetur inconveniens et
control over Collectors of Customs and the decisions of the latter are absurdum £ where there is ambiguity, such interpretation as will avoid
c Courts test the law by its results £ if law appears to be arbitrary, courts are
c ¥Ordinary COURTS of law¦ to ¥Ordinary COURSE of law¦ c Courts should construe a statute to effectuate, and not to defeat, its
Farina
. Barba
c Issue: who is the appointing power to fill a vacancy created by the sanggunian Peo v. Duque
member who did not belong to any political party, under the provision of the c Surplusage!!!
c Because the President is not a ¥local chief executive¦ but under Sec. 50 of the ÿc From the time of discovery AND institution of judicial
Local Government Code, the ¥President, Governor, Mayor have the executive proceedings for investigation and punishment
power to appoint in order to fill vacancies in local councils or to suspend local c But the prevailing rule is that prescriptive period is tolled upon the institution of
c Court held that the phrase ¥institution of judicial proceedings for its
Qualification of rule (of correcting clerical errors) investigation and punishment¦ may be either disregarded as surplusage or
c Only those which are clearly clerical errors or obvious mistakes, omissions, should be deemed preceded by the word ¥until¦
and misprints; otherwise, is to rewrite the law and invade the domain of the
Construction to avoid absurdity following an information for violation of the Anti-Graft law filed against him,
c Reason: it is always presumed that the legislature intended exceptions to its applies not only to the current term of office but also to another term if the
language which would avoid consequences of this character accused run for reelection and won
c Thus, statutes may be extended to cover cases not within the literal meaning c Sec 13 of the Anti-Graft Law £ suspension unless acquitted, reinstated!
of the terms if their exact and literal import would lead to absurd or c Held: only refers to the current term of the suspended officer (and not to a
mischievous results future unknown and uncertain new term unless supplemented by a new
c
suspension order in the event of reelection) for if his term shall have expired ÿc Less than 66 grams £ prision correcional
at the time of acquittal, he would obviously be no longer entitled to c StatCon £ duty of the court to harmonize conflicting provisions to give effect to
reinstatement; otherwise it will lead to absurdities the whole law; to effectuate the intention of legislature
Peo v. Yu Hai
c Issue: when does a crime punishable by arresto menor prescribe? alonzo v. Zamora
c State says 10 years as provided for in Art 90 RPC c Contention: the City Counsel of Caloocan cannot validly pass an ordinance
Àc Art. 26 (correctional offenses) £ max fine of 200Php £ correctional appropriating a supplemental budget for the purpose of expropriating a certain
penalty £ prescribes in 10 years (Art. 90) parcel of land, without first adopting or updating its house rules of procedure
c Court held that this is not right!!!! It is wrong! within the first 90 days following the election of its members, as required by
Àc Art. 9 (light offenses) £ not more than 200Php £ light felonies £ 2 Secs. 50 and 52 of the LGC
Àc 1Php makes a difference of 9 years and 10 months! (huwat?!?) Àc Adoption or updating of house rules would necessarily entail work
Àc Arresto mayor (correctional penalty) prescribes in 5 years local council¨s hands were tied and could not act on any other matter
Àc Also, prescriptive period cannot be ascertained not until the court Àc So much inconvenience! Shiox! And this could not have been
decides which of the alternative penalties should be imposed £ intended by the law
Peo v. eyes c Presumption £ legislature did not intend to work a hardship or an oppressive
c Dangerous Drugs Act result, a possible abuse of authority or act of oppression, arming one person
Àc X < 200 grams £ max penalty is reclusion perpetua c Ea est accipienda interpretation quae vitio caret £ that interpretation is to be
Àc X > 200 grams £ min penalty is reclusion perpetua adopted which is free from evil or injustice
Àc X < 200 grams £ penalty ranging from prision correctional to matan v. ujero
ÿc 134-199grams £ reclusion temporal c Pursuant to some provision in criminal procedure, he entered into a plea
ÿc 66-133 £ prison mayor bargaining agreement, which the judge approved of, downgrading the offense
c
charge of homicide to attempted homicide to which Umpad pleaded guilty Àc Such isolated use of a different name is not prohibited by the law;
c Fiat justicia, ruat coelum £ let the right be done, though the heavens fall (ano
c Stated differently, when a provision of the law is silent or ambiguougs, judges c Sa Consti §to ah! La lang hehe (yihee, Serge!)
ought to invoke a solution responsive to the vehement urge of conscience c ¥processes¦ in the proclamation that ¥all laws regulations and processes¦ of
(ahhh ano daw ulit?!?) the so-called RP during the Japanese occupation of the country ¥are null and
void and without legal effect¦ MAY NOT be construed to embrace JUDICIAL
Peo v. Purisima PROCESSES as this would lead to great inconvenience and public hardship
c It was contended that PD 9(3) £ is a malum prohibitum; thus intent to use and public interest would be endangered
c Court said that use the preamble to construe such act whether penalized or Àc Xested right, impaired
not
c Moreover the court said that legislature did not intend injustice, absurdity and Construction in favor of right and justice
c Court gave an example presumed that the law-making body intended right and justice to prevail
Àc So if I borrowed a bolo then I return this to my lender, then in the c Art. 9 CC: The fact that a statute is silent, obscure, or insufficient with respect
course or my journey I¨m caught, I¨m penalized under the Decree for to a question before the court will not justify the latter from declining to render
c In balancing conflicting solutions, that one is perceived to tip the scales which
Ursua
. the court believes will best promote the public welfare is its probable operation
c Issue: whether or not the isolated use, at one instance, of a name other than a as a general rule or principle
c Held: NO! (isang beses lang naman eh.. hehehe joke lang!) c Greg Bartelli raped his alleged niece 10 times and detained her in his
Àc The purpose of the Anti-alias Law is to prevent confusion and fraud apartment for 4 days
c
c BSP rejected the writ of attachment alleging Sec 113 of the Central Bank
c Issue: whether the dollar bank deposit in a Philippine bank of a foreign tourist c Issue: whether a pre-proclamation election case has become moot because
can be attached to satisfy the moral damages awarded in favor of the latter¨s the proclaimed winner had immediately taken his oath pursuant to Sec 2 RA
12-year-old rape victim 4870 which provides that the ¥first mayor, vice-mayor and councilors of the
c BSP did not honor the writ of attachment pursuant to RA6426 Sec 8 £ ¥foreign municipality of Sebaste shall be elected in the next general elections for local
currency deposits shall be exempt from attachment, garnishment, or any other officials and shall have qualified¦
order or process of any court, legislative body, government agency or any c It was contended that ¥shall have qualified¦ begins immediately after their
c Court held that: ANO BA?!? Na-rape na nga ayaw pang magbayad ng moral c Court held that this is wrong!
damages dahil lang sa isang silly law?!? (hehe.. joke lang.. I¨m so bored na Àc The said phrase is a jargon and does not warrant the respondent¨s
eh!) reading that the term of office of the first municipal officials of
Àc Court applied the principles of right and justice to prevail over the Sebaste begins immediately after their proclamation
strict and literal words of the statute Àc The Èing in §Alice in Wonderland¨: if there is no meaning in it, that
Àc The purpose of RA 6426 to exempt such assets from attachment: at saves a world of trouble, you know, as we need not try to find any
the time the said law was enacted, the country¨s economy was in a Àc Apply the general rule when such term begin £ the term of municipal
st
shambles. But in the present time it is still in shambles... hehe joke officials shall begin on the 1 day of January following their election
economically. No reason why such assets cannot be attached Redundant words may be rejected
especially if it would satisfy a judgment to award moral damages to a c Self-explanatory, ano buzzzz?!?
Surplusage and superfluity disregarded c Falsa demonstration non nocet, cum de corpore constat £ false description
c Where a word, phrase or clause in a statute is devoid of meaning in relation to does not preclude construction nor vitiate the meaning of the statute which is
the context or intent of the statute, or where it suggests a meaning that otherwise clear
nullifies the statute or renders it without sense, the word, phrase or clause
may be rejected as surplusage and entirely ignored Exemption from rigid application of law
c Surplusagium non noceat £ surplusage does not vitiate a statute c Ibi quid generaliter conceditur £ every rule is not without an exception
c Utile per inutile non vitiatur £ nor is the useful vitated by the non-useful
c
c Inest haec exception, si non aliquid sit contras jus basque £ where anything is c Court ruled that the provision must be given such interpretation that is in
granted generally, this exception is implied accordance with logic, common sense, reasonableness and practicality
c Compelling reasons may justify reading an exception to a rule even where the c Where time constraint and the surrounding circumstances make it impossible
latter does not provide any; otherwise the rigor of the law would become the or the COMELEC to conduct special registration of voters, the COMELEC
highest injustice £ summum jus, summa injuria cannot be faulted for refusing to do so, for the law does not require the
c Impossibilium nulla obligation est £ no obligation to do an impossible thing c When the context of a statute so indicates, words in plural include the
c Impossible compliance versus Substantial compliance (as required by law) singular, and vice versa.
c A plural word in a statute may thus apply to a singular person or thing, just as
Oim co ui v osadas a singular word may embrace two or more persons or things
c Publication in the Official Gazette weekly, for three times and consecutively, to c Art. 996 CC £ (law on succession) such article also applies to a situation
acquire jurisdiction over naturalization case where there is only one child because ¥children¦ includes ¥child¦
c It was an impossibility to fulfill such requirement as the OG was not, at the c Election Code £ ¥candidate¦ comprehends ¥some candidates¦ or ¥all
c Thus, Court held that compliance with the other 2 requirements would be c On gender £ the masculine, but not the feminine, includes all genders, unless
deemed sufficient to acquire jurisdiction over the naturalization case the context in which the word is used in the statute indicates otherwise
c This case is about the statutory grant of stand-by power to the COMELEC as
c Petitioners were asking the respondent to exercise such power so as to c So-called gaps in the law develop as the law is enforced
accommodate potential voters who were not able to register for the upcoming c StatCon rule: to fill in the gap is the doctrine of necessary implication
election c Doctrine states that what is implied in a statute is as much a part thereof as
c COMELEC denied the petition alleging the impossibility of late registration to that which is expressed
accommodate potential voters c Ex necessitate legis £ from the necessity of the law
c
c Every statutory grant of power, right or privilege is deemed to include all c The fact that the statute is silent as to the remedy does not preclude him from
incidental power, right or privilege vindicating his right, for such remedy is implied from such right
c In eo quod plus sit, simper inest et minus £ greater includes the lesser c Once a right is established, the way must be cleared for its enforcement, and
Àc includes such inferences as may be logically be drawn from the c Where there is ¥wrong,¦ (deprivation or violation of a right) there is a remedy
purpose or object of the statute, from what the legislature must be c If there¨s no right, principle does not apply
Àc excludes what is merely plausible, beneficial, or desirable c Petitioner was suspended and removed from office which proved to be illegal
c must be consistent with the Constitution or to existing laws and violative not only of the Administrative Code but of the Constitution itself
c an implication which is violative of the law is unjustified or unwarranted c Court ruled that to remedy the evil and wrong committed, there should be
hua v. ivil ervice ommission c However, there was a legal problem as to his reinstatement, for when he was
c Issue: whether a coterminous employee, or one whose appointment is co- suspended and eventually dismissed, somebody was appointed to his position
existent with the duration of a government project, who has been employed as c Issue: whether remedy is denied petitioner
such for more than 2 years, is entitled to early retirement benefits under Sec 2 c Held: position was never ¥vacant¦. Since there is no vacancy, the present
c Court held that YES, Chua is entitled! temporary position. Moreover, the incumbent¨s being made to leave the post
Àc A coterminous employee is no different from a casual or temporary to give way to the employee¨s superior right may be considered as removal for
necessarily implies that the former should also be entitled to such Grant of jurisdiction
Àc Wrong application of the maxim ¥expresio uniusest exclusion alterius¦ c Cannot be conferred by the Rules of Court
c Ubi jus, ibi remedium - where there is a right, there is a remedy for violation
c
c COMELEC has appellate jurisdiction over election cases filed with and Àc E.g. the power granted the NHA to hear and decide claims involving
decided by the RTC involving municipal elective officials DOES NOT IMPLY refund and any other claims filed xxx, include attorney¨s fees and
the grant of authority upon the COMELEC to issue writs of certiorari, other damages
Peo v. Palana c Where a general power is conferred or duty enjoined, every particular power
c Statute grants a special court jurisdiction over criminal cases involving necessary for the exercise of one or the performance of the other is also
offenders under 16 at the time of the filing of the action, a subsequent statute conferred
defining a youthful offender as one who is over 9 but below 21 years of age c The incidental powers are those which are necessarily included in, and are
may not be so construed as to confer by implication upon said special court therefore of lesser degree than the power granted
the authority to try cases involving offenders 16 but below 21 years of age Àc Examples
unless xxx
What may be implied from grant of jurisdiction determined by the judge xxx implies the grant of power to
c The grant of jurisdiction to try actions carries with it all necessary and the judge to conduct preliminary investigations
incidental powers to employ all writs, processes and other means essential to ÿc Power to approve a license includes by implication the
c Where a court has jurisdiction over the main cause of action, it can grant c Power to revoke is limited by the authority to grant
reliefs incidental thereto, even if they would otherwise be outside its license, from which it is derived
Àc E.g. forcible entry and detainer is cognizable in MTC MTC can aliens after investigation
order payment of rentals even though the amount exceeds the ÿc Power to appoint vested in the President includes the power
jurisdictional amount cognizable by them, the same merely incidental to make temporary appointments , unless xxx
c Statutes conferring jurisdiction to an administrative agency must be liberally unexpended money already appropriated
construed to enable the agency to discharge its assigned duties in ÿc Etc see page 171-172
c
c The principle that the grant of power includes all incidental powers necessary Àc Statute grants leave privileges to APPOINTIXE officials, this cannot
to make the exercise thereof effective implies the exclusion of those which are be construed to include ELECTIXE officials
greater than that conferred Àc ¥employer¦ to pay 13th month pay, does not imply that it includes
removal
the courts certain jurisdiction and to transfer it to a quasi-judicial Illegality of act implied from prohibition
tribunal c In pari delicto potior est conditio defendentis - where a statute prohibits the
Àc Power to regulate business DOES NOT INCLUDE power to prohibit doing of an act, the act done in violation thereof is by implication null and void
What is implied should not be against the law c Ex dolo malo non oritur actio £ no man can be allowed to found a claim upon
c Power to appoint includes power to suspend or remove £ his own wrongdoing or inequity
Àc Constitutional restriction of CIXIL SERXICE EMPLOYEES, that it c Nullus coomodum capere potest de injuria sua propria £ no man should be
must be a cause provided for by law precludes such implication allowed to take advantage of his own wrong
(unless the appointment was made outside the civil service law c Public policy requires that parties to an act prohibited by statute be left where
c Power to appoint a public officer by the President includes power to remove they are, to make the statute effective and to accomplish its object
Àc Provided that such removal is made with just cause Àc Party to an illegal contract cannot come to court of law and ask that
Àc Except is such statute provides that term of office to be at the his illegal object be carried out
pleasure of the appointing officer, power to appoint carries with it Àc A citizen who sold his land to an alien in violation of the constitutional
power to remove anytime restriction cannot annul the same and recover the land, for both
c Power to investigate officials DOES NOT INCLUDE the power to delegate the seller and buyer are guilty of having violated the Constitution
by the compulsory process of subpoena. Nor does such power to investigate Two (2) Exceptions to the rule
include the power to delegate the authority to administer oath c Pari delicto doctrine will not apply when its enforcement or application will
c It is well-settled that unless a statute expressly so authorizes, no claim against Delos antos v. oman atholic hurch
public funds may be allowed c Homestead Law £ to give and preserve in the homesteader and his family a
c
c The law prohibits the alienation of a homestead within 5 years following the c Law exempts retirement benefits of a public officer or employee from
issuance of the patent and provides that any contract of a conveyance in attachment, garnishment etc
contravention thereof shall be null and void c Earlier law authorizes the government to withhold an amount due such officer
c The seller or his heirs, although in pari delicto, may recover the land subject or employee to pay his indebtedness to the government SHOULD NOT BE
of such illegal sale CONSTRUED to withhold so much of his retirement benefits as this amount to
Barsobia v. uenco
c Another exception is that when the transaction is not illegal per se but merely Tantuico, Jr. v Domingo
prohibited and the prohibition by law is designed for protection of one party, c Law exempts retirement benefits of a public officer or employee from
the court may grant relief in favor of the latter attachment, garnishment etc
What cannot be done directly cannot be done indirectly until his accountabilities with the government shall have been cleared, as such
c Quando aliquid prohibetur ex directo, prohibetur et per obliquum £ what action is doing indirectly what the government is prohibited from doing directly
eo
. oncepcion c A person who complies with what a statute requires cannot, by implication, be
c Where a corporation is forbidden from doing an act, the prohibition extends to penalized thereby
the board of directors and to each director separately and individually c For ¥simple logic and fairness and reason cannot countenance an exaction or
c Where the board of directors is prohibited from granting loans to its director, a a penalty for an act faithfully done in compliance with the law¦
loan to a partnership of which the wife of a director is a partner falls within the
c Where a statute prohibits the payment of the principal obligation during a fixed
period, the interest thereon during the existence of the restriction is not Generally
demandable c A word or phrase used in a statute may have an ordinary, generic, restricted,
ruz
. Tantuico c May be defined in the statute £ if this is done, use such definition because this
c
c Task: c Principle: by virtue of express substantial change in phraseology, whatever
Àc ascertain intent from statute prior judicial or executive construction should give way to mandate of new law.
Àc construe word or phrase to effectuate such intent Peo. v. Xenviaje < hiropractic>
c General rule in interpreting the meaning and scope of a term used in the law: c Issue: Whether person who practiced chiropractic without having been duly
Àc Review of the WHOLE law involved as well as the INTENDMENT of licensed, may be criminally liable for violation of medical law.
law (not of an isolated part or a particular provision alone) c Held: Though term ¥practice of medicine,¦ chiropractic may in ordinary sense
Statutory definition chiropractic; thus, one who practices chiropractic without license is criminally
c When statute defines words & phrase- legislative definition controls the liable.
c Where a statute defines a word or phrase, the word or phrase, should not by c Issue: whether alien who comes into country as temporary visitor is an
c Legislature restricted meaning as it adopted specific definition, thus, this c Held: while ¥immigrant¦ in ordinary definition- ¥an alien who comes to the
should be used Philippines for permanent residence¦; The Immigration Act makes own
c Term or phrase specifically defined in particular law, definition must be definition of term, which is ¥any alien departing from any place outside the
c No usurpation of court function in interpreting but it merely legislates what c (so kelangan part siya nung ¥other than a non-immigrant¦.) -> yep yep, Serge!
should form part of the law itself But more importantly, the definition emphasizes an immigrant, who is an alien,
8(f)>
c c a c a a, xc b , aac & c definition of terms given weight in construction
ay c terms & phrases, being part & parcel of whole statute, given effect in their
c Definition was amended: deleted ¥exceptions¦ ENTIRTY, as harmonious, coordinated, and integrated unit
c Legislative Intent: the amendment shows legislative intent that bonuses & c words & phrases construed in light of context of WHOLE statute.
Qualification of rule
c
c Statutory definition of word or term controlling only as used in the Act;
c not conclusive as to the meaning of same word or term in other statutes entral zucarera Don edro v. entral an
c Especially to transactions that took place prior to enactment of act. c A statute ¥exempts certain importations from tax and foreign exchange, which
c Statutory definition controlling statutory words does not apply when: are actually used in the manufacture or preparation of local products, forming
Àc destroy its major purposes c ¥Forming part thereof¦ not to mean that the imported products have to be
Àc becomes illogical as result of change in its factual basis. mixed mechanically, chemically, materially into the local product & lose its
identity.
rnest
. < R 4166 & O 900, 901> c Means that the imported article is needed to accomplish the locally
c ¥sugarcane planter¦ is defined as a planter-owner of sugarcane plantation w/in manufactured product for export.
particular sugar mill district, who has been allocated export and/or domestic &
c Statutory definition excludes emergency, non-quota, non-district and c ¥business¦ (if unqualified) in tax statute: plain and ordinary meaning to
accommodation planters, they having no sugar quota. However, in 1955, embrace activity or affair where profit is the purpose & livelihood is the motive.
quota system abolished c In this case, a fraternal social club selling liquor at its clubhouse in a limited
c With change in situation, illogical to continue adhering to previous definition scale only to its members, without intention to obtain profit
c However, where statute remains unchanged, interpreted according to its clear < esent
aue
and original mandate; until legislature taking into account changes subjected c Statute: ¥for those who are at least 65 yrs of age, lump sum payment of
to be regulated, sees fit to enact necessary amendment. present value of annuity for the first 5 years, and future annuity to be paid
monthly. rovided however, that there shall be no discount from annuity for
Words construed in their ordinary sense the first 5 yrs. of those who are 65 yrs or over, on the day the law took effect.¦
c General rule: In the absence of legislative intent, words and phrases should c Xocabulary:
be given their plain, ordinary, and common usage meaning. Àc lump sum - amount of money given in single payment
c Should be read and considered in their natural, ordinary, commonly accepted, Àc annuity - amount of money paid to somebody yearly or at some other
and most obvious signification, according to good and approved usage and regular interval
without resulting to forced or subtle construction. c Should there be discount from the present value of his annuity?
c
c NO. Used in ordinary sense as said law grants to the retired employee Dictionay, l
mbe is defined as timbe o logs afte being pepaed fo the
substantial sum for his sustenance considering his age. Any doubt in this law maket. Theefoe, l mbe is a pocessed log o timbe. Sec 68 of PD 705
should be ruled in his favor. makes no distinction between aw & pocessed timbe.
c Whether transferee of a forest concession is liable for obligations arising from Geneal wods const ed geneally
c Sec. 61 of PD 705 ¥the transferee shall assume all the obligations of the .
c Court held that the transferee is NOT liable and explained: ¥Obligations¦ oo a a
construed to mean obligations incurred by transferor in the ordinary course of c In case word in statute has both restricted and general meaning, GENERAL
business. Not those as a result of transgressions of the law, as these are must prevail; Unless nature of the subject matter & context in which it is
personal obligations of transferor. employed clearly indicates that the limited sense is intended.
c Principle: Construe using ordinary meaning & avoid absurdity. cGeneral words should not be given a restricted
ustang Oumber, nc. v C c Rationale: if the legislature intended to limit the meaning of a word, it would
c Statute: Sec. 68 PD 705 - penalizes the cutting, gathering & or collecting have been easy for it to have done so.
c ¥The Revised Forestry Code contains no definition of timber or lumber. Timber uatchalian v. V O
is included in definition of forestry roducts ar (q) Sec.3. Lumber - same c ¥foreigner¦- in Election Code, prohibiting any foreigner from contributing
c Processing plant is any mechanical set-up, machine or combination of c ¥person¦- comprehends private juridical person
machine used for processing of logs & other forest raw materials into lumber c ¥person¦- in penal statute, must be a ¥person in law,¦ an artificial or natural
c Simply means, l mbe is a pocessed log o foest aw mateial. The Code
ses l
mbe in odinay common
sage. In 1993 ed. of Webste¨s Intenational Xaras
. illaroza
c
c ¥judge¦ without any modifying word or phrase accompanying it is to be c Progressive interpretation extends to the application of statute to all subjects
construed in generic sense to comprehend all kinds of judges; inferior courts or conditions within its general purpose or scope that come into existence
c ¥government¦ - without qualification should be understood in implied or generic c Statutes framed in general terms apply to new cases and subjects that arise.
sense including GOCCs. c General rule in StatCon: Legislative enactments in general comprehensive
Central an v. C
executive, legislative and judiciary, as well as constitutional bodies ( as c ¥articles of prohibited importation¦ - used in Tariff and Customs Code embrace
distinguished from local government & other governmental entities) Xersus- not only those declared prohibited at time of adoption, but also goods and
c The Government of the Republic of the Philippines¦ or Philippine articles subject of activities undertaken in subsequent laws.
c ¥any election¦ - not only the election provided by law at that time, but also to
Republic Flour ills v. Commissioner of Customs future elections including election of delegates to Constitutional Convention
c ¥product of the Philippines¦ £ any product produced in the country, e.g. bran
(ipa) & pollard (darak) produced from wheat imported into the country are Words with commercial or trade meaning
¥products of the Philippines¦ cWords or phrases common among merchants and traders, acquire commercial
meanings.
Generic term includes things that arise thereafter cWhen any of words used in statute, should be given such trade or commercial
c Progressive interpretation - A word of general signification employed in a meaning as has been generally understood among merchants.
statute, in absence of legislative intent, to comprehend not only peculiar cUsed in the following: tariff laws, laws of commerce, laws for the government of
conditions obtaining at its time of enactment but those that may normally arise the importer.
after its approval as well cThe law to be applicable to his class, should be construed as universally
c
rd
cIssue: ¥proper action¦ limits the 3 party¨s remedy to intervene in the action in
cNo tax shall be collected on articles which, before its taking effect, shall have cHeld: ¥action¦ has acquired a well-defined meaning as an ¥ordinary suit in a court
been ¥disosed of¦ of justice by which one party prosecutes another for the enforcement or
While
c¥gross value of money¦ cStatute: ¥Civil action may be commenced by filing a complaint with the proper
cMerchant: ¥gross selling price¦ which is the total amount of money or its court¦
equivalent which purchaser pays to the vendor to receive the goods. cWord: commencement - indicates the origination of entire proceeding
st
cIt was appropriate to use proper action (in 1 statute) than intervention, since
rd
Words with technical or legal meaning asserted right of 3 party claimant necessarily flows out of pending suit; if the
cGeneral rule: words that have, or have been used in, a technical sense or those word §intervention¨ is used, it becomes strange.
interpreted according to the sense in which they have been PREXIOUSLY alanyaon v. Oising
used, although the sense may vary from the strict or literal meaning of the c Sec. 13 of Anti-Graft Law
cPresumption: language used in a statute, which has a technical or well-known and to his salaries and benefits which he failed to receive during the
c Issue: Will a public officer whose case has been dismissed not ¥acquitted¦ be
cSec 14 of Rule 59 of Rules of Court which prescribes the steps to be taken when c Dismissal does not amount to acquittal except when, the dismissal comes
property attached is claimed by a person other than the defendant or his after the prosecution has presented all its evidence and is based on
cStatute: ¥nothing herein contained shall prevent such third person from vindicating
c
cProbation law - Disqualified from probation those: ¥who have been previously c Statute: In Sec.1 , Art. XIII of 1935 Constitution - ¥public agricultural lands
convicted by final judgment of an offense punished by imprisonment of not shall not be alienated¦ except in favor of Filipinos, SAME as Sec. 5 ¥no private
less than 1 month & a fine of no less than Php 200.¦ agricultural land shall be transferred or assigned.¦
cIssue: ¥previously convicted¦ c both have same meaning being based on same policy of nationalization and
cHeld: it refers to date of conviction, not date of commission of crime; thus a having same subject.
How identical terms in the statute construed c In construing, court adopts interpretation that accords best with the manifest
cGeneral rule: a word or phrase repeatedly used in a statute will bear the same purpose of statute; even disregard technical or legal meaning in favor of
meaning throughout the statute; unless a different intention is clearly expressed. construction which will effectuate intent or purpose.
cRationale: word used in statute in a given sense presumed to be used in same sense
throughout the law. Though rigid and peremptory, this is applicable where in the Word or phrase construed in relation to other provisions
statute the words appear so near each other physically, particularly where the c General rule: word, phrase, provision, should not be construed in isolation but
word has a technical meaning and that meaning has been defined in the statute. must be interpreted in relation to other provisions of the law.
c share tenancy - average produce per hectare for the 3 agricultural years next laudio v. O O
preceding the current harvest c Statute (LGC): ¥No recall shall take place within 1 yr from the date of the
c leasehold - according to normal average harvest of the 3 preceding yrs official¨s assumption of office or 1 year immediately preceding a regular
that¨s 2 agricultural years. preparatory recall assemblies) or only the recall election?
c Held: the Court construed ¥recall¦ in relation to Sec.69 which states that, ¥the
Kri
eno
. egister of Deeds which the local elective official belongs.¦
c
c Hence, not apply to all recall proceedings since power vested in electorate is c This provision clearly does not limit the application of local initiative to
power to elect an official to office and not power to initiate recall proceedings. ordinances, but to all ¥subjects or matters which are within the legal powers of
interpreted in relation to other provisions of a statute, or other statutes dealing uelano v. ..
on same subject in order to effectuate what has been intended. c In Corporation Law, authorizes a dissolved corporation to continue as a body
corporate for 3 yrs. for the purpose of defending and prosecuting suits by or
uarcia v. V O against it, and during said period to convey all its properties to a ¥trustee¦ for
c History of statute: benefits of its members, stockholders, creditors and other interested persons,
Àc In the Constitution, it requires that legislature shall provide a system the transfer of the properties to the trustee being for the protection of its
of initiative and referendum whereby people can directly approve or creditors and stockholders.
reject any act or law or part thereof passed by Congress or local c Word ¥trustee¦ - not to be understood in legal or technical sense, but in
legislative body. GENERAL concept which would include a lawyer to whom was entrusted the
Àc Local Govt. Code, a later law, defines local initiative as ¥process prosecution of the cases for recovery of sums of money against corporation¨s
included in this definition, then the same cannot be subject c Issue: Whether the aabaa s a reular court wth the mea of
c Issue: whether a local resolution of a municipal council can be subject to an c Statute: RA 6975 which makes criminal actions involving members of the PNP
initiative and referendum? come ¥within the exclusive jurisdiction of the regular courts.
c Held: We reject respondent¨s narrow and literal reading of above provision for c Used ¥regular courts¦ & ¥civil courts¦ interchangeably
it will collide with the Constitution and will subvert the intent of the lawmakers c Court martial - not courts within the Philippine Judicial System; they pertain to
in enacting the provisions of the Local Government Code (LGC) of 1991 on the executive department and simply instrumentalities of the executive power.
initiative & referendum c Regular courts - those within the judicial department of the government
c The subsequent enactment of the LGC did not change the scope of its namely the SC and lower courts which includes the Sandiganbayan.
coverage. In Sec. 124 of the same code. It states: (b) Initiative sha extend c Held: Courts considered the purpose of the law which is to remove from the
on to subjects or matters hich are ithin the ega poers of the court martial, the jurisdiction over criminal cases involving members of the
Sanggunians to enact. PNP and to vest it in the courts within the judicial system.
c
c Held: It refers to the TRIAL COURT. If the adverse party intends to appeal
a
. aff from a decision of the SEC and pending appeal desires to stay the execution
c Issue: Whether ¥Agricultural products¦ includes domesticated animals and fish of the decision, then the motion must be filed with and be heard by the SEC
grown in ponds. before the adverse party perfects its appeal to the Court of Appeals.
c Statute: Phrase used in tax statute which exempts such products from c Purpose of the law: the need for immediacy of execution of decisions arrived
payment of taxes, purpose is to encourage the development of such at by said bodies was imperative.
resources.
c Held: phrase not only includes vegetable substances but also domestic and Meaning of term dictated by context
domesticated animals, animal products, and fish or bangus grown in ponds. c The context in which the word or term is employed may dictate a different
specifically exempted, there shall be paid by each merchant and manufacturer c Statute: Family home extrajudicially formed shall be exempt from execution,
a tax at the rate of 1/3 of 1% on gross value of money in all goods, wares and forced sale or attachment, except for ¥non payment of debts¦
merchandise sold, bartered, or exchanged for domestic consumption. c Word ¥debts¦ £ means obligations in general.
c Held: Considering the purpose of the law, which is to tax all merchants except
legislature used in commercial use and not in limited sense of total destruction c Statute: lands were classified into timber, mineral and agricultural
of thing sold. c Word ¥agricultural¦ £ used in broad sense to include all lands that are neither
timber, nor mineral, such being the context in which the term is used.
ottomul
. de la az
c Issue: Whether the word ¥court¦ refers to the Court of Appeals or the trial antulan
. xecuti
e. ecretar.
court? c Statute: A riparian owner of the property adjoining foreshore lands, marshy
c Statute: RA 5343 ect Aea Aea sha nt stay the award, rder, lands or lands covered with water bordering upon shores of banks of
ruing, decisin r judgment uness the icer r bdy rendering the same r navigable lakes shall have preference to apply for such lands adjoining his
the curt, n mtin, ater hearing & n such terms as it may deem just shud property.
rvide therwise. c Fact: Riparian - one who owns land situated on the banks of river.
c
c Held: Used in a more broader sense referring to a property having a water c Application: when legislature laid down a rule for one class, no difference to
frontage, when it mentioned ¥foreshore lands,¦ ¥marshy lands,¦ or ¥lands other class.
covered with water.¦ Presumption: that the legislature made no qualification in the general use of a
term.
eo. v. Ferrer
c Word: ¥Overthrow¦ c Statute: grants a person against whom the possession of ¥any land¦ is
c Statute: Anti-Subversion Act ¥knowingly & willfully and by overt acts.¦ unlawfully withheld the right to bring an action for unlawful detainer.
c Rejects the metaphorical ¥peaceful¦ sense & limits its meaning to ¥overthrow¦ c Held: any land not exclusive to private or not exclusively to public; hence,
c Statute: Municipal tax ordinance provides ¥any owner or manager of c Statute: authorizes the director of lands to file petitions for cancellation of
fishponds¦ shall pay an annual tax of a fixed amount per hectare and it patents covering public lands on the ground therein provided.
appears that the owner of the fishponds is the government which leased them c Held: not distinguished whether lands belong to national or local government
c Word: ¥Owner¦ £ does not include government as the ancient principle that v. it o acolod
government is immune from taxes. c Issue: exempts the payment of realty taxes to ¥properties owned by RP¦
Where the law does not distinguish political capacity and those possessed in proprietary or patrimonial character.
c Corollary principle: General words or phrases in a statute should ordinarily be c Statute: certain ¥formalities¦ be followed in order that act may be considered
c General term or phrase should not be reduced into parts and one part c Held: no distinction between essential or non-essential formalities
c Corollary principle: where the law does not make any exception, courts may olate-almoli
e ils
. uimenez
not except something therefrom, unless there a compelling reason to justify it.
c
c Statute: does not distinguish between ¥stabilizer and flavors¦ used in the c ¥It shall be unlawful, not being authorized by all the parties to any private
preparation of food and those used in the manufacture of toothpaste or dental communication or spoken word, to tap any wire or cable, or by using any other
Vliva v. Oamadrid who did not secure the consent of the party to the conversations.
c Statute: allows the redemption or repurchase of a homestead property w/in 5 c Held: Law did not distinguish whether the party sought to be penalized ought
years from its conveyance to be party other than or different from those involved in the private
c Held: ¥conveyance¦ not distinguished - voluntary or involuntary. communication. The intent is to penalize all persons unauthorized to make any
c Statute: grants employee ¥leaves of absence with pay¦ Ligget & yers Tobacco o. v.
c Held: ¥with pay¦ refers to full pay and not to half or less than full pay; to all c Statute: imposes a ¥specific tax¦ on cigarettes containing Xirginia tobacco .
leaves of absence and not merely to sick or vacation leaves. Provided that of the length exceeds 71 millimeters or the weight per thousand
Vlfato v. V O c Issue: whether measuring length or weight of cigars, filters should be
c Statute: makes COMELEC the sole judge of ¥all pre- proclamation excluded therefrom, so that tax would come under the general provision and
c Held : ¥all¦ £ covers national, provincial, city or municipal c Held: Not having distinguished between filter and non-filter cigars, court
c Statute: A counterbond is to secure the payment of ¥any judgment,¦ when Tiu an v. eublic
execution is returned unsatisfied c Issue: whether the conviction of an applicant for naturalization for violation of a
c Held: ¥any judgment¦ includes not only final and executory but also judgment municipal ordinance would disqualify him from taking his oath as a citizen.
pending appeal whose execution ordered is returned unsatisfied. c Statute: An applicant may be allowed to take his oath as a citizen after 2
years from the promulgation of the decision granting his petition for
amirez
. naturalization if he can show that during the intervening period ¥he has not
c Statute: ¥Act to Prohibit & Penalize Wire Tapping and Other related Xiolations been convicted of any offense or violation of government rules¦
c
c Held: law did not make any distinction between mala in se and mala oibita. c Governors, mayors, members of various sanunians or baranay officias
Conviction of te alicant fom violation of municial odinance is sha upon the fiin of candidacy, be considered on forced eave of absence
comeended witin te statute and ecludes alicant fom taking is oat. from office
ealta v. CC Barangay Councils and pursuant thereto appointed by the President as
c Issue: whether provision of RA 2625, that government employees are entitled member of the anggunian Panlungsod. He ran for Congress but lost.
to 15 days vacation leaves of absence with full pay and 15 days sick leaves c Issue: He then wants to resume his duties as member of sanuinian
with full pay, exclusives of Saturday, Sundays or holidays in both cases, anunsod. He was merey forced on eave when he ran for Conress.
applies only to those who have leave credits and not to those who have none. c Held: the Secretary of Local Government denied his request; being an
c Held: Law speaks of granting of a right and does not distinguish between appointive sanggunian member, he was deemed automatically resigned when
those who have accumulated and those who have none. he filed his certificate of candidacy.
c Statute: RA 7166 provides that ¥Every candidate shall, within 30 days after c Issue: whether petitioner who was over 21 but below 22 was qualified to be
the day of the election file xxx true and itemized statement of all contributions an elective SÈ member
and expenditures in connection with the election. c Statute: Sec.424 of the LGC provides that a member of the Katipua
c Held: Law did not distinguish between a candidate who pushed through and Kabataa must ot be 21 yrs old.
one who withdrew it. c Sec. 428 as additional requirement provides that elective official of
c ¥Every candidate¦ refers to one who pursued and even to those who withdrew Sanunian Kabataan must not be more than 21 yrs. ¥on the day of
c Held: the distinction is apparent: the member may be more than 21 years of
anciaco v. ono age on election day or on the day he registers as member of Katip nan ng
c c a a a , c a Kabataan. B t the elective official, m st not be more than 21 years of age on
c Statute: Sec 13 of BP Blg. 697 which provides that: Any person holding
public appointive or position shall ipso facto cease in office or position as of Disj nctive and conj nctive words
the time he filed his certificate of candidacy¦ c Word ¥or¦ is a disjunctive term signifying disassociation and independence of
c
. a
c Statute: Sec. 40 of Commonwealth Act 61, punishes ¥any individual who shall c ¥or¦ means successively
bring into or land in the Philippines or conceals or harbors any alien not duly c Statute: Art. 344 of the Revised Penal Code - ¥the offenses of seduction,
admitted by any immigration officer abduction, rape or acts of lasciviousness, shall not be prosecuted except upon
c does not justify giving the word a disjunctive meaning, since the words ¥bring a complaint by the offended party or her parents, grandparents or guardian.¦
into¦ ¥land¦, ¥conceals¦ and ¥harbors¦ being four separate acts each c Although these persons are mentioned disjunctively, provision must be
possessing its distinctive, different and disparate meaning. construed as meaning that the right to institute a criminal proceeding is
v. anila Jocey lub no one shall proceed if there is any person previously mentioned therein with
c Statute: imposes amusement taxes on gross receipts of ¥proprietor, lessee, or legal capacity to institute the action.
c Held: ¥or¦ implies that tax should be paid by either proprietor, lessee, or c ¥And¦ is a conjunction pertinently defined as meaning ¥together with,¦ ¥joined
operator, as the case may be, single & not by all at the same time. with,¦ ¥along with,¦ ¥added to or linked to¦
c Use of ¥or¦ between 2 phrases connotes that either phrase serves as Àc Used to denote joinder or union
qualifying phrase. c ¥and/or¦ - means that effect should be give to both conjunctive and disjunctive
c ¥or¦ means ¥and¦, WHEN THE SPIRIT OR CONTEXT OF THE LAW SO term
WARRANTS Àc term used to avoid construction which by use of disjunctive ¥or¦ alone
Trndad
. erm
dez (e.g. of ¥or¦ to mean ¥and¦) use of conjunctive ¥and¦ will exclude the efficacy of any one of the
c Statute: Sec. 2, Rule 112 of Rules of Court authorizing municipal judges to alternatives standing alone.
ASSOCIATED WORDS
Noscitur a sociis
v. uniciality of anaue (e.g. of ¥or¦ equivalent of ¥that is to say¦) c where a particular word or phrase is ambiguous in itself or equally susceptible
c Ordinance: imposes graduated quarterly fixed tax of various meanings, its correct construction may be made clear and specific
c ¥based on the gross value in money or actual market value¦ of articles; phrase by considering the company of words in which it is found or with which it is
¥or actual market value¦ intended to explain ¥gross value in money.¦ associated.
c
c to remove doubt refer to the meaning of associated or companion words c Issue: Whether proceedings in civil cases pending in court under the so
uenaseda v. Favier occupation are affected by the proclamation of Gen. McArthur issued on
c Statute: Sec. 13(3), Art XI of the Constitution grants Ombudsman power to October 23, 1944 that ¥all laws, regulations and processes of any other
¥Direct the officer concerned to take appropriate action against a public official government in the Philippines than that of the said Commonwealth are null
or employee at fault, and recommend his removal, suspension, demotion, fine and void and without legal effect.¦
censure or prosecution. c ¥Processes¦ does not refer to judicial processes but to the executive orders
c ¥suspension¦ £ is a penalty or punitive measure not preventive of the Chairman of the Philippine Executive Committee, ordinances
promulgated by the President of so-called RP, and others that are of the
atajas v. ryce roperties orp. same class as the laws and regulations with which the word ¥processes¦ is
c Stat: Sec. 458 of LGC authorized local government units to prevent or associated.
chance, must be prevented or suppressed & not to gambling authorized by Commissioner of Customs v. Phil. cetylene Co.
specific statutes. c Statute: Sec. 6 of RA 1394 provides that ¥tax provided for in Sec. 1 of this
Act shall not be imposed against the importation into the Philippines of
arandang v. antiago machinery or raw materials to be used by new and necessary industry xxx;
c Issue: Whether an offended party can file a separate and independent civil machinery equipment, spare parts, for use of industries¦
action for damages arising from physical injuries during pendency of criminal c Issue: Is the word ¥industries¦ used in ordinary, generic sense, which means
action for frustrated homicide. enterprises employing relatively large amounts of capital and/or labor?
c Statute: Art. 33 of Civil Code ¥in case of defamation, fraud, & physical c Held: Since ¥industries¦ used in the law for the 2nd time ¥is classified together¦
injuries¦ with the terms miners, mining industries, planters and farmers, obvious
c Held: Court ruled that ¥physical injuries¦ not as one defined in RPC, but to legislative intent is to confine the meaning of the term to activities that tend to
mean bodily harm or injury such as physical injuries, frustrate homicide, or produce or create or manufacture such as those miners, mining enterprises,
eo.
. antiago
c
c Issue: Whether defamatory statements through the medium of an amplifier c EO 265 £ ¥complaints against public officials and employees shall be promptly
system constitutes slander or libel? acted upon and disposed of by the officials or authorities concerned in
c Libel: committed by means of ¥writing, printing, lithography, engraving, radio, accordance with pertinent laws and regulations so that the erring officials and
cinematographic exhibiton.¦ employees can be soonest removed or otherwise disciplines and the innocent,
c It is argued that ¥amplifier¦ similar to radio exonerated or vindicated in like manner, and to the end also that other
c Held: No. Radio should be considered as same terms with writing and remedies, including court action, may be pursued forthwith by the interested
printing whose common characteristic is the ¥permanent means of parties, after administrative remedies shall have been exhausted¦
publication.¦ c Held: executive order does not apply to criminal actions. The term is closely
c Issue: Whether claim of an employee against his employer for cash reward actions.
product falls within jurisdiction of the labor arbiter of NLRC? ottomul v. dela az
c Held: No. Outside of jurisdiction. Not necessary that entire universe of money c Issue: Whether the word §court¨ in Sec 5, Art 5434: Appeal shall not stay the
claims under jurisdiction of labor arbiter but only those to 1.) unfair labor award, order, ruling, decision or judgment unless the officer or body
practices, 2.) claims concerning terms & conditions of employment 4.) claims rendering the same or the court, on motion after hearing, and on such terms
relating to household services 5.) activities prohibited to employers & as it may deem just should provide otherwise. The propriety of a stay
employees. granted by the officer or body rendering the award, order, ruling, decision or
c Statute: ¥jurisdiction of Labor Arbiters and the NLRC, as last amended by BP judgment may be raised only by motion in the main case,¦ refers to the CA or
Blg. 227 including paragraph 3 ¥all money claims of workers, including hose to the Court of Agrarian Relations?
based on nonpayment or underpayment of wages, overtime compensation, c Held: Correct construction made clear with reference to Sec. 1 of RA 5434,
separation pay, and other benefits provided by law or appropriate where the court, officers or bodies whose decision, award are appealable to
agreement, except claims for employees compensation, social security, the Court of Appeals, enumerated as follows: Court of Agrarian Relations,
medicare and maternity benefits.¦ Sec. of Labor, Social Security Commission etc; From grouping, the
barle v. Sucaldito
c Statute: EO 265 outlines the procedure which complainants charging Ejusdem generis (or the same kind or species)
government officials and employees with commission of irregularities should c General rule: where a general word or phrase follows an enumeration of
be guided, applies to criminal actions or complaints. particular and specific words of the same class or where the latter follow the
c
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 Xera
. ue
as
kind or class as those specifically mentioned. c Statute: all condensed skimmed milk and all milk in whatever form shall be
c Purpose: give effect to both particular or general words, by treating the clearly and legibly marked on its immediate containers with words: ¥This milk
particular words as indicating the class and the general words as indicating is not suitable for nourishment for infants less than 1 year of age¦
all that is embraced in said class, although not specifically named by the c Held: restricts the phrase ¥all milk in whatever form,¦ excluded filled milk.
particular words.
c Principle: based on proposition that had the legislature intended the general uraphilon v. unicipal ourt of iara
words to be used in their generic and unrestricted sense, it would have not c Statute: the vice-mayor shall be entitled to assume the office of the mayor
enumerated the specific words. during the absence, suspension or other temporary disability
c Presumption: legislators addressed specifically to the particularization c Held: anything which disables the mayor from exercising the power and
prerogatives of his office, since ¥their temporary disability¦ follows the words
eo. v. agallanes
c Where a law grants a court exclusive jurisdiction to hear and decide ¥offenses
Illustration office,¦ the phrase ¥IN RELATION TO THEIR OFFICE¦ qualifies or restricts
the offense to one which cannot exist without the office, or the office is a
utuc
. V O constituent element of the crime defined in the statute or one perpetuated in
c Statute: Act makes unlawful the distribution of electoral propaganda gadgets, the performance, though improper or irregular, of his official functions
pens, lighters, fans, flashlights, athletic goods, materials and the like
c Held: and the like, does not embrace taped jingles for campaign purposes
c Statute: Dynamos, generators, exciters, and other machinery for the of 1945 when they were sustained, or in 1950 when Philippine War Damage
generation of electricity for lighting or for power; Commission advised that no payment would be made for said losses?
c Held: phrase ¥other machinery¦ would not include steam turbines, pumps, c Statute: ¥In the case of a corporation, all losses actually sustained and not
condensers, because not same kind of machinery with dynamos, generators charged off within the taxable year and not compensated for by insurance or
c
c Contention: the assurances of responsible public officials before the end of c Statute title: ¥An Act to regulate the use of stamped or marked bottles, boxes,
1945 that property owners would be compensated for their losses as a result casks, kegs, barrels, & other similar containers.¦
of the war sufficed to place the losses within the phrase ¥compensated xxx c Held: The title clearly shows intent to give protection to all marked bottles of all
therwise¦ reers t c ensatin due under a title analgus r si ilar t ational ower orp. v. ngas
insurance. Inas uch as the latter is a cntract establishing a legal bligatin, c Issue: whether the term judgment, refers to any judgment directing the
it llws that in rder t be dee ed ¥c ensated r xxx §therwise,¨ the payment of legal interest.
lsses sustained b a taxaer ust be cvered b a judiciall enrceable c Statute: Central Bank Circular ' 416 £ ¥by virtue of the authority granted to it
right, sringing r an the juridical surces bligatins, na el, law, under Sec. 1 of Act Number 2655, as amended, otherwise known as Usury
cntract, quasi-cntract, trts, r cri es,¦ and nt ere rnunce ent Law, the Monetary Board in a resolution prescribed that the rate of interest for
ublic icials loan or forbearance of any money, good or credit & the rate allowed in
ebu Institute Technlg v. Ole c Held: Judgments should mean only judgments involving loans or forbearance
c Issue: Whether teachers hired on contract basis are entitled to service money, goods or credit, these later specific terms having restricted the
incentive leave benefits as against the claim that they are not so? meaning ¥judgments¦ to those same class or the same nature as those
c Statute: Rule X of IRR of Labor Code: ¥This rule (on service incentive leaves) specifically enumerated.
shall apply to all employees, except ¥filed personnel and other employees
whose performance is unsupervised by the employer including those who are epublic v. igrino
engaged on task or contract basis.¦ c Facts: retired military officer was investigated by the PCGG for violation of
c Held: ¥those who were employed on task or contract basis¦ should be related Anti-Graft Act in relation to EO ' 1 & 2 authorizing the PCGG to recover ill-
with ¥field personnel,¦ apply the principle, clearly teachers are not field gotten wealth from the former President¨s ¥subordinates and close associates¦
personnel and therefore entitled to service incentive leave benefits. c Issue: Does PCGG have jurisdiction to investigate such military officer for
aayan Xalley nterprises v. c Held: ¥Subordinates¦ refers only to one who enjoys close association or
c Issue: whether the phrase ¥other lawful beverages¦ which gives protection to relation to the former President and his wife; term ¥close associates¦ restricted
manufacturer with the Phil. Patent Office its duly stamped or marked bottles the meaning of ¥subordinates¦
used for ¥soda water, mineral or aerated waters, cider, milk, cream or other
c
c Requisites: Government, and any of its political subdivisions branches or instrumentalities
followed by general word or phrase c Held: No. the rule of ejude eer apple oly whe there ucertaty.
Àc Particular and specific words constitute a class or are the same kind The defto uffcetly co preheve to clude chartable ttuto
Àc Enumeration of the particular & specific words is not exhaustive or is ad charte ot for proft; t cotaed excepto whch ad ttuto ad
c Rule of ejue ee, ot of uveal applcato; t houl ue to cay c The express mention of one person, thing or consequence implies the
out, ot efeat the tet of the law. exclusion of all others.
c Statute: It shall be unlawful to for any person to carry concealed about his ha whch l d wh a a , by , x ly
person any bowie, knife, dagger, kris or other deadly weapon. ro
ided l d o c an a , ay no, by n aon o con
con,
c Issue: does ¥the deadly weapon¦ include an unlicensed revolver? xc d b ad d a c wh h v w h
manifested its intention to include in the prohibition weapons other than armas Àc x xc a - Th x f
blancas therein specified. m hg f a ca m h xc f a x d,
Cagayan Xalley nterprises, nc. v. C £ previous page, sa kabilang column h dc f c ay mca
c Issue: a religious institution invoking ejuse generi whether §e ployer¦ be c a ca wha s xp ss d p s a d wha s pl d.
the Philippines any trade, business, industry. and uses the services of h
F
.
h
another person, who under his orders as regard the employment, except the
c
c Statute: case exempts the wife of a naturalized American from detention, for c Statute: crimes which cannot be prosecuted de oicio namely adultery,
treatment in a hospital, who is afflicted with a contagious disease. concubinage, seduction, rape or acts o lasciviousness; crimes such as
c Held: Court denied petition for writ of habeas corpus (filed by the native-born slander can be prosecuted de oicio.
naturalized citizen & cannot interpolate ¥native-born¦ citizen. More short examples on p. 225
c Analysis: court¨s application results to injustice (as should not discriminate Manila Oodge o. 761 v.
against native-born citizens), which is not intent of law, should have used Santos v.
c Generally used in construction of statutes granting powers, creating rights and Xera v. Fernandez
remedies, restricting common rights, imposing rights & forfeitures, as well as c Statute: All claims for money against the decedent, arising from contracts,
statutes strictly construed. express or implied, whether the same be due, not due, or contingent, all
claims for funeral expenses and expenses for the last sickness of the
costa
. Flor decedent, and judgment for money against decedent, must be filled within the
c Statute: specifically designates the persons who may bring actions for quo time limit of the notice, otherwise barred forever.
warranto, excludes others from bringing such actions. c Held: The taxes due to the government, not being mentioned in the rule are
scribano
.
ila
c Statute: for libel, ¥preliminary investigations of criminal actions for written endenilla v. Vmandia
defamation xxx shall be conducted by the city fiscal of province or city or by c Statute: changed the form of government of a municipality into a city provides
municipal court of city or capital of the province where such actions may be that the incumbent mayor, vice-mayor and members of the municipal board
instituted precludes all other municipal courts from conducting such shall continue in office until the expiration of their terms.
as when a co-owner is given the right of legal redemption within 30 days from
c
notice in writing by the vendor in case the other co-owner sells his share is the c Held: the principle ¥expresssio unius est exclusio - the mention of one thing
co-owned property, implies the exclusion of the other thing - not having been expressly included in
c Held: the method of giving notice must be deemed excusive & a notice sent by the enumeration of circumstances that would negate liability in said insurance
Xillanueva v. ity of loilo the prohibited risks lead inevitably to the conclusion that it did not intend to
c Statute: Local Autonomy Act, local governments are given broad powers to limit or exempt itself from liability for such death
tax everything, except those which are specifically mentioned therein. If a c Insurance company still liable for the injury, disability and loss suffered by the
subject matter does not come within the exceptions, an ordinance imposing a insured. (sobra §to, I swear! Minurder na nga, ayaw pang bayaran! Sobra!
tax on such subject matter is deemed to come within the broad taxing power, Hindi daw accidental eh di mas lalo ng kailangang bayaran dahil murder!
c Where the law provides that positions in the government belong to the c Issue: whether the solicitation for religious purposes, i.e., renovation of church
competitive service, except those declared by law to be in the noncompetitive without securing permit fro Department of Social Services, is a violation of PD
service and those which are policy-determining, primarily confidential or highly 1564, making it a criminal offense for a person to solicit or receive
technical in nature and enumerates those in the noncompetitive as including contributions for charitable or public welfare purposes.
SECRETARIES OF GOXERNORS AND MAYORS, the clear intent is that c Held: No. Charitable and religious specifically enumerated only goes to show
assistant secretaries of governors and mayors fall under the competitive that the framers of the law in question never intended to include solicitations
service, for by making an enumeration, the legislature is presumed to have for religious purposes within its coverage.
c The insurance company disclaimed liability since death resulting from murder Limitations of the rule
was impliedly excluded in the insurance policy as the cause of death is not 1.c It is not a rule of law, but merely a tool in statutory construction
accidental but rather a deliberate and intentional act, excluded by the very 2.c xpressio unius est exclusion alterius, no more than auxiliary rule of
nature of a personal accident insurance. interpretation to be ignored where other circumstances indicate that the
c
3.c Does not apply where enumeration is by way of example or to remove doubts c The maxim operates only if and when the omission has been clearly
only. established, and in such a case what is omitted in the enumeration may not,
uomez v. Xentura c Exception: where legislature did not intend to exclude the person, thing or
c Issue: whether the prescription by a physician of opium for a patient whose object from the enumeration. If such legislative intent is clearly indicated, the
physical condition did not require the use of such drug constitutes court may supply the omission if to do so will carry out the clear intent of the
¥unprofessional conduct¦ as to justify revocation of physician¨s license to legislature and will not do violence to its language
practice
c Held: Still liable! Rule of exeio uiu ot alicable Doctrine of last antecedent
c Court said, I cannot be seriously contended that aside from the five examples c Qualifying words restrict or modify only the words or phrases to which they
specified, there can be no other conduct of a physician deemed are immediately associated not those which are distantly or remotely located.
§unprofessional.¨ Nor can it be convincingly argued that the legislature c x a c a a a a £ av w
intended to wipe out all other forms of §unprofessional¨ conduct therefore h a a c , h c x h w q
deemed grounds for revocation of licenses c Rule: use of a comma to separate an antecedent from the rest exerts a
4.c Does not apply when in case a statute appears upon its face to limit the
operation of its provision to particular persons or things enumerating them, but Illustration of rule
no reason exists why other persons or things not so enumerated should not
have been included and manifest injustice will follow by not including them. anilinan
. l
endia
5.c If it will result in incongruities or a violation of the equal protection clause of the c Members of the family of the tenant includes the tenant¨s son, son-in-law, or
Constitution. grandson, even though they are not dependent upon him for support and
6.c If adherence thereto would cause inconvenience, hardship and injury to the living separately from him BECAUSE the qualifying phrase ¥who are
public interest. dependent upon him for support¦ refers solely to its last antecedent, namely,
c A person, object or thing omitted from an enumeration must be held to have Florentino v. B
been omitted intentionally. c Issue: whether holders of backpay certificates can compel government-owned
bank.
c
c Statute: ¥obligations subsisting at the time of the approval of this amendatory c Issue: when to count the 15-day period within which to appeal a judgment of
act for which the applicant may directly be liable to the government or to any conviction of criminal action¤date of promulgation of judgment or date of
the government, or to any citizens of the Philippines or to any association or c Statute: Sec. 6, Rule 122 of the Rules of Court
corporation organized under the laws of the Philippines, who may be wiling to c Held: Should be from §promulgation¨ should be referring to §judgment,¨ while
c Held: the court, invoking the doctrine of last antecedent, ruled that the phrase
qualify only to its last antecedent namely ¥any citizen of the Philippines or
c The court held that backpay certificate holders can compel government- King
. Hernandez
owned banks to accept said certificates for payment of their obligations with c Issue: Whether a Chinese holding a noncontrol position in a retail
the bank. establishment, comes within the prohibition against aliens intervening ¥in the
1.c Subject to the exception that where the intention of the law is to apply the c Held: Following the principle, the entire scope of personnel activity, including
phrase to all antecedents embraced in the provision, the same should be that of laborers, is covered by the prohibition against the employment of
2.c Doctrine does not apply where the intention is not to qualify the antecedent at
all. madora v.
c Issue: whether Art 2180 of Civil Code, which states that ¥lastly teachers or
Reddendo singular singuilis heads of establishments of arts and trade shall be liable for damages caused
c Xariation of the doctrine of last antecedent by their pupils and students or apprentices so long as they remain in their
c Referring each to each; custody¦ applies to all schools, academic as well as non-academic
c Referring each phrase or expression to its appropriate object, or let each be c Held: teachers pupils and students; heads of establishments of arts and
put in its proper place, that is, the word should be taken distributively. trades to apprentices
c General rule: responsibility for the tort committed by the student will attach to
eo. v Ta ani the teacher in charge of such student (where school is academic)
c
c Exception: responsibility for the tort committed by the student will attach to the c Statute: it shall be unlawful for any person to carry concealed about his
head, and only he, (who) shall be held liable (in case of the establishments of person any bowie, knife, dagger, kris or any other deadly weapon: ro
ided,
ha
e secured a license therefore or who are entitled to same under pro
isions
or except something, or to qualify or restrain its generality, or exclude some Proviso as additional legislation
possible ground of misinterpretation of it, as extending to cases not intended c Expressed in the opening statement of a section of a statute
by legislature to be brought within its purview. c Would mean exactly the reverse of what is necessarily implied when read in
c Rule: restrain or qualify the generality of the enacting clause or section which connection with the limitation
it refers. c Purpose:
c Purpose: limit or restrict the general language or operation of the statute, not Àc To limit generalities
to enlarge it. Àc Exclude from the scope of the statute that which otherwise would be
c Location: commonly found at the end of a statute, or provision & introduced, within its terms
c Determined by: What determines whether a clause is a proviso is its What proviso qualifies
substance rather than its form. If it performs any of the functions of a proviso, c General rule: qualifies or modifies only the phrase immediately preceding it; or
then it will be regarded as such, irrespective of what word or phrase is used restrains or limits the generality of the clause that it immediately follows.
to introduce it. c Exception: unless it clearly appears that the legislature intended to have a
wider scope
c It is still the duty of the courts to ascertain the legislative intention and it hinese Flour porters ssn v. rice tabilization oard
prevails over proviso. c Statute: Sec. 15 RA 426 - Any existing law, executive order or regulation to
c Thus it may enlarge, than restrict the contrary notwithstanding, no government agency except the Import Control
Commission shall allocate the import quota among the various importers.
A..
. ant in rovided, That the hilippine Rehabilitation and Trade Administration shall
c
have exclusive power and authority to determine and regulate the allocation of Àc the proviso xxx means only that the sale without the required
wheat flour among importers.¦ approval is still valid and binding between the parties; also
c Issue: whether or not the proviso excluded wheat flour from the scope of act Àc the phrase ¥in the ordinary course of business xxx could not have
itself. been intended to include sale of vehicle itself, but at most may refer
c Held: NO! Proviso refer to the clause immediately preceding it and can have only to such property that may be conceivably disposed of by the
no other meaning than that the function of allocating the wheat flour instead of carrier in the ordinary course of its business, like junked equipment.
c If wheat flour is exempted from the provisions of the Act, the proviso would ercado r. v. O
have been placed in the section containing the repealing clause c Held: the proviso in par 2 of Art 280 relates only to casual employees; not to
project employees.
ollector of Internal evenue v. Angeles c Applying rule that proviso to be construed with reference to immediately
c When an earlier section of statute contains proviso, not embodied in later preceding part of the provision which it is attached and not to other sections
section, the proviso, not embodied in a later section thereof, in the absence of thereof, unless legislative intent was to restrict or qualify.
legislative intent, be confined to qualify only the section to which it has been
c Proviso construed to qualify only the immediately preceding part of the section
c Issue: Petitioner that approval of the Public Service Commission of the sale of c Where intent is to qualify or restrict the phrase preceding it or the earlier
public service vehicle was not necessary because of proviso in Sec. 20 of provisions of the statute or even the statute itself as a whole, then the proviso
Commonwealth Act No. 146 will be construed in that manner, in order that the intent of the law may be
c Statute: It shall be unlawful for any public service vehicle or for the owner, carried out
lessee or operator thereof, without the previous approval and authority of the
Commission previously had xxx to sell, alienate xxx its property, franchise; Repugnancy between proviso and main provision
rovided, however, that nothing herein contained shall be construed to c Where there is a conflict between the proviso and the main provision, that
prevent the transaction from being negotiated or completed before its approval which is located in a later portion of the statute prevails, unless there is
or to prevent the sale, alienation, or lease by any public service of any of its legislative intent to the contrary.
property in the ordinary course of business¦ c Latter provision, whether provision or not, is given preference for it is the
c
Exceptions, generally
c Exception consists of that which would otherwise be included in the provision Similar: in a way since one of the functions of proviso is to except something from an
c May not be introduced by words mentioned above, as long as if such removes OV v. ublic Atilities mployees¨ ssociation
something from the operation of a provision of law. c Statute: No person, firm, or corporation, business establishment or place shall
c Function: to confirm the general rule; qualify the words or phrases constituting compel an employee or laborer to work on Sundays& legal holidays, unless
the general rule. paid an additional sum of at least 25% of his renumeration: ro
ided, that this
c xc a
a cab
xc A h b xc d, prohibition shall not apply to public utilities performing public ser
ice, e.g.
b ad d a c wh h v w h a . supplying gas, electricity, power, water etc
c Doubts: resolved in favor of general rule c Issue: Is MERALCO liable to pay the 25% for employees who work during
Exception and Proviso distinguished appellant is a public utility that supplies electricity & provides means of
c Takes out of the statute something that otherwise would be a part of the Tolentino v. ecretary of Finance
subject matter of it. c Statute: No bill shall be passed by either House shall become a law unless it
c Part of the enactment itself, absolutely excluding from its operation some has passed 3 readings on separate days, & printed copies thereof in its final
subject or thing that would otherwise fall within the scope. form have been distributed to its Members 3 days before its passage, except
Proviso: when the President certifies to the necessity of its immediate enactment to
c Avoids by way of defeasance or excuse c Held: it qualifies only its nearest antecedent, which is the distribution of the
c If the enactment is modified by engrafting upon it a new provision, by way of printed bill in its final form 3 days from its final passage.& not the 3 readings
amendment, providing conditionally for a new case- this is the nature of on separate days.
proviso.
c
. Da
c Issue: whether a person convicted of a crime against property, who was Saving clause
granted absolute pardon by the President, is entitled to vote? c Provision of law which operates to except from the effect of the law what the
c Statute: A person shall not be qualified to vote ¥who has been sentenced by clause provides, or save something which would otherwise be lost.
final judgment to suffer one year or more from imprisonment, such disability c Used to save something from effect of repeal of statute
not having been removed any plenary pardon¦ or ¥who has been declared by c Legislature, in repealing a statute, may preserve in the form of a saving
final judgment guilty of any crime against property.¦ clause, the right of the state to prosecute and punish offenses committed in
st
c 1 clause- 2 excpetions £ (a) Person penalized by less than 1 yr.; and (2) violation of the repealed law.
Person granted an absolute pardon c Where existing procedure is altered or substituted by another, usual to save
nd st nd
c 2 clause - creates exception to 1 but not to 2 that a person convicted of proceedings under the old law at the time the new law takes effect, by means
crime against property cannot vote unless there¨s pardon. of saving clause
c Held: absolute pardon for any crime for which one year of imprisonment or c Construed: in light of intent by legislature
more was meted out restores the prisoner to his political rights. c Given strict or liberal meaning depending on nature of statute.
c If penalty less 1 yr, disqualification not apply, except when against property-
needs pardon. CHAPTER SIX: Statute Construed as Whole and in Relation to other Statutes
nd st
c The 2 clause creates the exception to the 1
uorospe
. exception need not be introduced b except or unless)
upon actual receipt by the addressee; but if fail to claim his mail from the post c Statute is passed as a whole
office within 5 days from ate of first notice of the postmaster, service shall take Àc It should have one purpose and one intent
effect at the expiration of such time.¦ Àc Construe its parts and section in connection with other parts
c Issue: Whether actual receipt the date of a registered mail after 5 day period, Àc Why? To ¥produce¦ a harmonious whole
is the date from which to count the prescriptive period to comply with certain
requirements. c Never:
c Held: Service is completed on the 5th day after the 1st notice, even if he Àc Divide by process of etymological dissertation (why? Because there
actually received the mail months later. are instances when the intention of the legislative body is different
nd
c 2 part is separated by semicolon, and begins with §but¨ which indicates from that of the definition in its original sense)
exception.
c
Àc Separate the words (remember that the whole point of this chapter is Àc Meaning of the law is borne in mind and not to be extracted from a
Àc Separate context Àc Most important: Every part of the statute must be interpreted with
semantic relationships between lexicon and language £ not boitiz hippin orp v. ity of ebu
important. Never mind ) £ ang kulit! c Described that if the words or phrases of statute be taken individually it might
c The whole point of this part is to construe the whole statute and its part convey a meaning different form the one intended by the author.
together (actually kahit ito nalang tandaan hanggang matapos kasi ito lang c Interpreting words or phrases separately may limit the extent of the
c Legislative meaning and intent should be extracted/ascertained from statutes c Case of wire tapping
as a whole (hence the title) c There is a provision which states that ¥ it shall be unlawful for any person, not
Àc Why? Because the law is the best expositor of itself being authorized by all the parties to any private communication or spoken
c V a a a a - h b f a word to tap any wire or cable or by using any other device or arrangement, to
a h a lf secretly overhear, intercept, or record such communication or spoken word by
Àc b z ax : Op a a Sau Fu using such device commonly known as dictagraph¦
w n p ng a w w n cckac (IPIS) w n add d c Issue: whether the phrase device or arrangement includes party line and
w d c ! c Statcon: it should not be construed in isolation. Rather it should be interpreted
c Do not inquire too much into the motives which influenced the legislative body in relation to the other words (tap, to overhear) thus party line or telephone
unless the motive is stated or disclosed in the statute themselves. extension is not included because the words in the provision limit it to those
c pointed out that words, clauses, phrases should not be studied as because in here they applied an association with other words in construing the
c
c Why construe a statute as a whole? - Because it implies that one part is as
c Issue: whether educational assistance given to individuals prior to the c What if the provision/section is unclear by itself? - One can make it clear by
enactment of RA 6758 should be continued to be received? reading and construing it in relation to the whole statute
c Held: Yes. Proper interpretation of section12 RA 6758 depends on the c How do you properly and intelligently construe a provision/statute? - 3 ways:
combination of first and second paragraph (1) Understand its meaning and scope; (2) apply to an actual case; (3) courts
c First sentence states that ¥such other additional compensation not otherwise should consider the whole act itself
specified as may be determined by the DBM shall be deemed included in the c Why should every part of the statute be given effect? - Because it is enacted
standardized salary rates herein prescribed.¦ The second sentence states as an integrated measure not a hodgepodge of conflicting provisions
¥such other additional compensation, whether in cash or in kind, being c Ways on how the courts should construe a statute (according to eublic
.
received by incumbents only as of July 1, 1989 not integrated into the eyes):
standard shall continue to be authorized.¦ (you can ask cheery na lang to Àc Interpret the thought conveyed by the statute as whole
explain it, ang haba ng nasa book ) Àc Construe constituent parts together
c statcon: do not isolate or detach the parts. Construing a statute as a whole Àc Ascertain legislative intent form whole part
includes reconciling and harmonizing conflicting provisions Àc Consider each and every provision in light of the general purpose
Purpose or context as controlling guide construction which would give effect to every part of the of the
c construe whole statute and ascertain the meaning of the words or phrases statute)
base on its context, the nature of the subject, and purpose or intention of the ÿc Ut res magis valeat quam pereat - the construction is to be
legislative body who enacted the statute sought which gives effect to the whole of the statute - of its
rhetorical framework if it can provide a clear and definite purpose of the whole
sometimes affected to be lax on the construction of grammar) Apparently conflicting provisions reconciled
c Harmonize the parts of each other and it should be consistent with its scope c included in the rule of construing statute as a whole, is the reconciling and
and object harmonizing conflicting provisions because it is by this that the statute will be
c
c Why is it a must for courts to harmonize conflicting provision? - Because they Àc Avoid a construction which will render to provision inoperative
v. c because of the presumption that the legislature has enacted a statute whose
c Issue: whether or not an appeal of cases involving just compensation should provisions are in harmony and consistent with each other and that conflicting
be made first by DARAB before RTC under Sec. 57 intentions is the same statute are never supported or regarded
c Held: SC said that the contention of the Republic and the Land Bank in the
affirmative side has no merit because although DARAB is granted a Qualification of rule
jurisdiction over agrarian reform matters, it does not have jurisdiction over c What if the parts cannot be harmonized or reconciled without nullifying the
criminal cases. other? - Rule is for the court to reject the one which is least in accord with the
Sajonas v. CA c What if there is no choice? - the latter provision must vacate the former; last in
c Issue: what period an adverse claim annotated at the back of a transfer order is frequently held to prevail unless intent is otherwise
certificate effective? c What if the conflict cannot be harmonized and made to stand together? - one
c Held: In construing the law Sec. 70 of PD 1529 (adverse claim shall be must inquire into the circumstances of their passage
effective for a period of 30 days from the date of the registration) care
Special and general provisions in same statute Construction as to give life to law
c special would overrule the general c provide sensible interpretation to promote the ends of which they were
c except to general provision c construct them in a reasonable and practical way to give life to them
Construction as not to render provision nugatory give the efficacy that is to be adopted.
construed as to nullify or render another nugatory in the same statute Construction to avoid surplusage
c Interpretatio fienda est et res magis valeat quam pereat - a law should be c construe the statute to make no part or provision thereof as surplasage
interpreted with a view to upholding rather than destroying c each and every part should be given due effect and meaning
Àc Do not construe a statute wherein one portion will destroy the other c do not construe a legal provision to be a useless surplusage and meaningless
c
c exert all efforts to provide the meaning. Why? Because of the presumption c An applicant for naturalization must be actually residing in the Philippines from
that the legislature used the word or phrase for a purpose the filing of the petition for naturalization to its determination by the court
ejia v.Balalong c Held: to say that the land is patrimonial will render nugatory and a surplusage
c Issue: how to constru ¥next general election¦ in Sec. 88 of the City Charter of the phrase of the law to the effect that the City of Manila ¥is hereby authorized
c Held: the phrase refers to the next general election after the city came into c A sale of public dominion needs a legislative authorization, while a patrimonial
being and not the one after its organization by Presidential Proclamation. land does not.
iere
. of egros Vccidental
c Issue: does the city mayor have the power to appoint a city engineer pursuant Statute and its amendments construed together
to Sec. 1 of the City Charter of La Carlote c rule applies to the construction and its amendments
c Held: no, the city mayor does not have such power. The phrase ¥and other c Whatever changes the legislature made it should be given effect together with
heads and other employees of such departments as may be created¦ whom the other parts.
the mayor can appoint, refers to the heads of city departments that may be
created after the law took effect, and does not embrace the city engineer. To lmeda v. lorentino
rule otherwise is to render the first conjunction ¥and¦ before the words ¥fire c Law £ ¥the municipal board shall have a secretary who shall be appointed by
department¦ a superfluity and without meaning at all it to serve during the term of office of the members thereof¦
c Amendment £ ¥the vice-mayor shall appoint all employees of the board who
c Issue: whether the requirement the requirement for naturalization that the c Construction of both Law and Amendment £ the power of the vice-mayor to
applicant ¥will reside continuously in the Philippines from the date of the filing make appointment pursuant to the amendatory act is limited to the
of the petition up to the time of his admission to Philippine citizenship¦ refers to appointment of all employees of the board other than the board secretary who
actual residence or merely to legal residence or domicile is to be appointed by the board itself
construe it otherwise is to render the clause a surplusage. STATUTE CONSTRUED IN RELATION TO CONSTITUTION AND OTHER
STATUTES
c
Àc same specific subject matter
Statute construed in harmony with the Constitution c Later statutes may refer to prior laws.
c Constitution- the fundamental law to which all laws are subservient c What if the later law have no reference to the prior law, does that mean they
c General Rule: Do not interpret a statute independent from the constitution are not in pari materia? - No. It is sufficient that they have the same subject
c Construe the statute in harmony with the fundamental law: Why? Because it is matter.
always presumed that the legislature adhered to the constitutional limitations c When is a statute not in pari materia? - The conditions above are the
when they enacted the statute determinants of ascertaining if a statute is in pari materia, thus even if two
c It is also important to understand a statute in light of the constitution and to statutes are under the same broad subject as along as their specific subjects
avoid interpreting the former in conflict with the latter are not the same, they are NOT in pari material
the other is unconstitutional? A: The construction that should be adopted How statutes in ari ateria construed
should be the one that is constitutional and the one that will render it invalid c Interpretare et concordare leges legibus est optimus interpretandi modus £
should be rejected. every statute must be so construed and harmonized with other statutes as to
c The Court should favor the construction that gives a statute of surviving the form a uniform system of jurisprudence (parang ganun din nung first part,
test of constitutionality construe it as a whole. But also bear in mind that it should also be in harmony
c The Court cannot in order to bring a statute within the fundamental law, with other existing laws)
amend it by construction c Construe statutes in pari materia together to attain the purpose of an express
national policy
Tañada
. Tu
era c Why should they be construed together? - Because of the assumption that
c this is the case regarding Art. 2 of the Civil Code especially the phrase when the legislature enacted the statutes they were thinking of the prior
¥unless otherwise provided¦. statute. Prior statutes relating to the same subject matter are to be compared
c Statcon: one should understand that the phrase reers to the publcaton with the new provisions.
tsel t would volate the consttuton (snce all laws should be made publc) c Again it is important to harmonize the statutes. Courts should not render them
malabo, vague, eh? huh? £ cherry wll explan t na lang ] invalid without taking the necessary steps in reconciling them
c
c there were no facts given in the book except that it was in this case that in orbiter dictum ni cherry: this chapter keeps pointing out that the legislature are
pari materia was explained well. The explanation are the same in the knowledgeable on the law, but wonder how the actors it? m not discriminating but
aforementioned how did Oito Oapid, Ooi
ercito, etc knew the prior laws? heard they ha
e researchers
who do it or them.
hy don¨t we
ote those researchers instead? Yun lang. ha
e
c Other things to consider in constructing statutes which are in pari materia been reading the whole presumption that the legislature is knowledgeable. adaming
Àc History of the legislation on the subject namamatay sa akala. s agpalo still ali
e?hahaha )
Àc Discover the policy related to the subject matter has been changed Àc Because enactments of the same legislature on the same subject are
or modified supposed to form part of one uniform system (Why? Because later
Àc Consider acts passed at prior sessions even those that have been statutes are supplementary to the earlier enactments)
c Distingue tempora et concordabis jura £ distinguish times and you will of both are given effect
harmonize laws
c In cases of two or more laws with the same subject matter: Where harmonization is impossible
Àc Question is usually whether the later act impliedly repealed the prior c Earlier law should give way to the later law because it is the ¥current¦ or later
Àc Rule: the only time a later act will be repealed or amended is when
the act itself states so (that it supersedes all the prior acts) or when Illustration of the rule (in pari materia)
Àc In the case of ¥implied¦ the doubt will be resolved against the repeal Oacson v. oque
or amendment and in favor of the harmonization of the laws on the c Issue: the phrase unless sooner removed of a statute that states ¥the mayor
subject (later will serve as a modification) shall hold office for four years unless sooner removed¦
c statcon: the court held that the phrase should be construed in relation to
Reasons why laws on same subject are reconciled removal statutes. Thus the phrase meant that although the mayor cannot be
c 2 main reasons: removed during his term of office, once he violates those that are stated in
Àc The presumption that the legislature took into account prior laws removal statutes.
hin Vh oo v. oncepcion
c
c Statcon: the phrase ¥shall not be permitted to leave without first obtaining c Facts: R.A. 912 (2) states that in construction or repair work undertaken by
permission of the same court¦ should be reconciled with another statute that the Government, Philippine made materials and products, whenever available
states ¥any patient confined in a mental institution may be released by the shall be used in construction or repair work.
Director of Health once he is cured. The Director shall inform the judge that c Flag Law (Commonwealth Act 138) gives native products preference in the
approved the confinement¦. These two statutes refers to a person who was purchase of articles by Government, including government owned or
criminally charged but was proven to be an imbecile or insane, thus they controlled corporations.
should be construed together. Their construction would mean that in order for c Issue: interpretation of two statutes requiring that preference be made in the
the patient to be release there should be an approval of both the court and the purchase and use of Phil. Made materials and products
Director of Health. c Held: The SC relates the two statutes as in pari materia and they should be
c Issue: whether or not an appeal lies from the decision of regional appellate
Dialda
. ercide board (RAB) imposing disciplinary action against a member of the PNP under
c Facts: a alien who operated a retail store in Cebu decided to close his Cebu Sec. 45 of RA 6975 regarding finality of disciplinary action
store and transfer it to Dumaguete. RTL (retail trade law) and Tax Code Sec. c The court held that the ¥gap¦ in the law which is silent on filing appeals from
199 were the statutes taken into consideration in this case. The former decisions of the RAB rendered within the reglementary period should be
authorizes any alien who on May 15, 1954 is actually engaged in retail, to construed and harmonized with other statutes, i.e. Sec 2(1), Article IX-B of the
continue to engage therein until his voluntary retirement from such business, 1987 Constitution because the PNP is part, as a bureau, of the reorganized
but not to establish or open additional stores for retail business. The latter DILG, as to form a unified system of jurisprudence
provides that any business for which the privilege tax has been paid may be c Statcon: if RAB fails to decide an appealed case within 60 days from receipt of
removed and continued in any other place without payment of additional tax. the notice of appeal, the appealed decision is deemed final and executory,
c Issue: whether the transfer by the alien from Cebu to Dumaguete can be and the aggrieved party may forthwith appeal therefrom to the Secretary of
considered as a voluntary retirement from business. DILG. Likewise, if the RAB has decided the appeal within 60-day
c Held: No. Although the trial court affirmed the question, the SC ruled reglementary period, its decision may still be appealed to the Secretary of
otherwise stating that RTC overlooked the clear provision of Sec. 199. DILG
c
c Issue: who was entitled to breakages (10% dividend of winning horse race c First statute provides that National Housing Authority shall have exclusive
tickets) jurisdiction to hear and decide cases involving unsound real estate (P.D. No.
c Statcon: There are two statutes that should be considered. RA 309 (amended 959).
by 6631 &6632) is silent on the matter but the practice is to use breakages for c Second statute grants RTC general jurisdiction over such cases.
anti bookie drive and other sale promotions. E.O. 88 & 89 which allocated c Issue: Which one will prevail?
breakages therein specified. These two should be construed in pari materia, c Held: The first statute will prevail because it is a special law, as compared to
thus all breakages derived from all races should be distributed and allocated the latter which is general law, thus it is an exception to the ¥general
in accordance with Executive Orders because no law should be viewed in jurisdiction¦ of the RTC
isolation. (supplementary)
General and special statutes c Facts: P.D. No. 1869 authorized PAGCOR to centralize and regulate all
c General statutes- applies to all of the people of the state or to a particular games of chance.
class of persons in the state with equal force. c LGC of 1991, a later law, empowers all government units to enact ordinances
Àc Universal in application to prevent and suppress gambling and other games of chance.
c Special statutes- relates to particular persons or things of a class or to c Stacon: These two should be harmonized rather than annulling one and
particular portion or section of the state only upholding the other. Court said that the solution to this problem is for the
c Considered as statutes in pari materia thus they should be read together and government units to suppress and prevent all kinds of gambling except those
harmonized (and given effect) that are allowed under the previous law
c What if there are two acts which contain one general and one special?
Àc If it produces conflict, the special shall prevail since the legislative Oeveriza v. ntermediate ppellate Court
intent is more clear thus it must be taken as intended to constitute an c RA 776 empowers the general manager of the Civil Aeronautics
Àc Think of it as one general law of the land while the other applies only c Administrative Code authorizes the President to execute a lease contract
c What if the special law is passed before the general law? It doesn¨t matter c How do you apply the rule? - In this case, the prior (special) law should
because the special law will still be considered as an exception unless prevail
expressly repealed.
c
c the special law is considered an exception to the general law (as long as c Held: The court ruled that the criminal complaint filed directly by the offended
same subject) party is invalid and it ordered the city court to dismiss it.
c The provisions of the City Charter of Manila Bacolod on the same subject are
Qualification of the rule identically worded, hence they should receive the same construction.
c Exceptions: c RULE: two statutes with a parallel scope, purpose and terminology should
Àc If the legislature clearly intended the general enactment to cover the each in its own field, have a like interpretation
Àc When the principle is that the special law merely establishes a Adoption of contemporaneous construction
general rule while the general law creates a specific and special rule c in construing the reenacted statute, the court should take into account prior
Reference statutes
c a statute which refers to other statutes and makes them applicable to the Qualification of the rule
subject of legislation c rule that is aforementioned is applicable only when the statute is capable of
c used to avoid encumbering the statute books of unnecessary repetition the construction given to it and when that construction has become a settled
c should be construed to harmonize and give effect to the adopted statute. rule of conduct
c Intended to supply deficiencies in existing statutes c a statute patterned after a statute of a foreign country.
c Supplemental statutes should be read with the original statute and construed c Court should take into consideration how the courts of other country construe
Reenacted statutes
c statute which reenacts a previous statute or provision. CHAPTER SEXEN: Strict or Liberal Construction
c Reproducing an earlier statute with the same or substantially the same words.
IN GENERAL
ontelibano
. errer
c Issue: application of Sec. 3 fo the City Charter of Manila is valid in the criminal Generally
c
c Whether a statute is to be given a strict or liberal construction will depend c Where a statute is ambiguous, the literal meaning of the words used may be
upon the following: rejected if the result of adopting said meaning would be to defeat the purpose
c Purpose: to give the statute the interpretation that will best accomplish the end
desired and effectuate legislative intent Lb a Con con J dca In aon
c Social justice must be taken into account in the interpretation and application
Liberal construction, defined of laws
c Equitable construction as will enlarge the letter of a statute to accomplish its c Social justice mandate is addressed or meant for the three departments: the
intended purpose, carry out its intent, or promote justice legislative, executive, and the judicial
c Not to mean enlargement of a provision which is clear, unambiguous and free c Social justice (included in the Constitution) was meant to be a vital, articulate,
from doubt compelling principle of public policy
c It simply means that the words should receive a fair and reasonable c It should be observed in the interpretation not only of future legislations, but
interpretation, so as to attain the intent, spirit and purpose of the law also of laws already existing on November 15, 1935.
c It was intended to change the spirit of our laws, present and future.
Liberal construction applied, generally
c
Construction taking into consideration general welfare or growth civilization c Penal statutes are strictly construed against the State and liberally construed
c a a bc c a a £ sa s ac f h implication, or any equitable consideration
bc g a b cs b ay Àc No person should be brought within its terms if he is not clearly made
c The reason of the law is the life of the law; the reason lies in the soil of the so by the statute
common welfare Àc No act should be pronounces criminal which is not clearly made so
c The judge must go out in the open spaces of actuality and dig down deep into
c Construe in the light of the growth of civilization and varying conditions c Sec. 11 of RA 7659, which amended Art. 335 of the RPC, provides that the
Àc The interpretation that ¥if the man is too long for the bed, his head death penalty for rape may be imposed if the ¥offender is a parent, ascendant,
rd
should be chopped off rather than enlarge the old bed or purchase a step-parent, guardian, relative by consanguinity or affinity within the 3 civil
new one¦ should NOT be given to statutes degree, or the common-law spouse of the parent of the victim¦
STATUTES STRICTLY CONSTRUED c No! Courts must not bring cases within the provisions of the law which are not
Penal statutes, generally Àc No act can be pronounced criminal which is not clearly within the
c Penal statutes are those that define crimes, treat of their nature and provide terms of a statute can be brought within them.
for their punishment Àc Any reasonable doubt must be resolved in favor of the accused
for their violation c Strict construction but not as to nullify or destroy the obvious purpose of the
c Those which impose punishment for an offense committed against the state, legislature
and which the chief executive has the power to pardon Àc If penal statute is vague, it must be construed with such strictness as
c A statute which decrees the forfeiture in favor of the state of unexplained to carefully SAFEGUARD the RIGHTS of the defendant and at the
wealth acquired by a public official while in office is criminal in nature same time preserve the obvious intention of the legislature
c
c PD 1564, which punishes a person who solicits or receives contribution for c However, if special penal laws use such words as ¥willfully, voluntarily, and
¥charitable or public welfare purposes¦ without any permit first secured from knowingly¦ intent must be proved; thus good faith or bad faith is essential
the Department of Social Services, DID NOT include ¥religious purposes¦¦ in before conviction
the acts punishable, the law CANNOT be construed to punish the solicitation
of contributions for religious purposes, such as repair or renovation of the Application of rule
church
eo v. Yadao
Reason why penal statutes are strictly construedg c A statute which penalizes a ¥person assisting a claimant¦ in connection with
c The law is tender in favor of the rights of the individual; the latter¨s claim for veterans benefit, does not penalize ¥one who OFFERS to
c The object is to establish a certain rule by conformity to which mankind would assist¦
punishment through technicality but to provide a precise definition of forbidden Su v. eople
acts c Where a statute penalizes a store owner who sells commodities beyond the
retail ceiling price fixed by law, the ambiguity in the EO classifying the same
Acts mala in se and mala prohibita commodity into 2 classes and fixing different ceiling prices for each class,
c General rule: to constitute a crime, evil intent must combine with an act should be resolved in favor of the accused
c c
ac
ac
£ a ac d by aga y c Shorter prescriptive period is more favorable to the accused
eo v. aata
Mala Mala prhba c The rule that penal statutes are given a strict construction is not the only
Cr al , apar r h ac l Th ly q ry , ha h law b factor controlling the interpretation of such laws
r q
r d
la d c Instead, the rule merely serves as an additional single factor to be considered
RPC Sp cal p al law as an aid in detrmining the meaning of penal laws
eo v. urisima
c
c The language of the a statute which penalizes the mere carrying outside of c A law punishes the display of flags ¥used during¦ the insurrection against the
residence of bladed weapons, i.e., a knife or bolo, not in connection with one¨s US may not be so construed as to exempt from criminal liability a person who
work or occupation, with a very heavy penalty ranging from 5-10 years of displays a replica of said flag because said replica is not the one ¥used¦
imprisonment, has been narrowed and strictly construed as to include, as an during the rebellion, for to so construe it is to nullify the statute together
additional element of the crime, the carrying of the weapon in furtherance of c Go Chico is liable though flags displayed were just replica of the flags ¥used
rebellion, insurrection or subversion, such being the evil sought to be during¦ insurrection against US
c Limitation '2 £ strict construction of penal laws applies only where the law is
c Rights are not absolute, and the state, in the exercise of police power, may
Limitation of rule
enact legislations curtailing or restricting their enjoyment
c Limitation '1 £ Where a penal statute is capable of 2 interpretations, one
c As these statutes are in derogation of common or general rights, they are
which will operate to exempt an accused from liability for violation thereof and
generally strictly construed and rigidly confined to cases clearly within their
another which will give effect to the manifest intent of the statute and promote
scope and purpose
its object, the latter interpretation should be adopted
c Examples:
c
Àc Fixing the ceiling of the price of commodities c Where an entity is granted a legislative franchise to operate electric light and
Àc Limiting the exercise of proprietary rights by individual citizens power, on condition that it should start operation within a specified period, its
Àc Suspending the period of prescription of actions failure to start operation within the period resulted in the forfeiture of the
restrict fundamental right of the people and the other if which would not do so,
the latter construction must be adopted so as to allow full enjoyment of such Legislative grants to local government units
fundamental right c Grants of power to local government are to be construed strictly, and doubts
c Power of eminent domain is essentially legislative in nature c Reason: there is in such a grant a gratuitous donation of public money or
c May be delegated to the President, LGUs, or public utility company property which results in an unfair advantage to the grantee and for that
c Expropriation plus just compensation reason, the grant should be narrowly restricted in favor of the public
c Statutes expropriating or authorizing the expropriation of property are strictly Statutory grounds for removal of officials
construed against the expropriating authority and liberally in favor of property c Statutes relating to suspension or removal of public officials are strictly
owners construed
c Reason: the remedy of removal is a drastic one and penal in nature. Injustice
Statutes granting privileges and harm to the public interest would likely emerge should such laws be not
c Statutes granting advantages to private persons or entities have in many strictly interpreted against the power of suspension or removal
instances created special privileges or monopolies for the grantees and have
thus been viewed with suspicion and strictly construed Vchate v. Deling
c
a c aa a
a ca cc £ c Grounds for removal £ ¥neglect of duty, oppression, corruption or other forms
a b accac wh h w f h wh a of maladministration in office¦
c And he who fails to strictly comply with the will of the grantor loses such Àc Must be in relation to the official as an officer and not as a private
privileges person
c
c Statute: local elective officials are to be removed or suspended, after v.
investigation, by the provincial board, subject to appeal to the President c Issue: whether containers and packaging materials can be credited against
c President has no authority on his own to conduct the investigation and to the miller¨s deficiency tax
suspend such elective official c BIR claimed that there should be no tax credit
c Held: proviso should be strictly construed to apply only to raw materials and
Naturalization laws not to containers and packing materials which are not raw materials; hence,
c Naturalization laws are strictly construed against the applicant and rigidly the miller is entitled to tax credit
followed and enforced c Restriction in the proviso is limited only to sales, miller¨s excise taxes paid §on
c Naturalization is statutory than a natural right raw materials used in the milling process¨
c Tax statutes must be construed strictly against the government and liberally in enguet orporation v. enrtral oard o ssessment ppeals
favor of the taxpayer c PD 1955 withdrew all tax exemptions, except those embodied in the Real
c Power to tax involves power to destroy Property Code, a law which grants certain industries real estate tax
c Taxing act are not to be extended by implication exemptions under the Real Estate Code
c Reason for strict construction: taxation is a destructive power which interferes c Courts cannot expand exemptiom
with the personal property rights of the people and takes from them a portion
c Where a statute exempts from special import tax, equipment ¥for use of
Statutes granting tax exemptions
industries,¦ the exemption does not extend to those used in dispensing
c Law frowns against exemption from taxation because taxes are the lifeblood
gasoline at retail in gasoline stations
of the nation
c Laws granting tax exemptions are thus construed strictissimi
uris against the
. anila Joce lub, nc.
taxpayer and liberally in favor of the taxing authority
c Statute: ¥racing club holding these races shall be exempt from the payment of
c Burden of proof £ on the taxpayer claiming to be exempted
any municipal or national tax¦
c Basis for strict construction £ to minimize the different treatment and foster
c Cannot be construed to exempt the racing club from paying income tax on
impartiality, fairness, and equality of treatment among taxpayers
rentals paid to it for use of the race tracks and other paraphernalia, for what
c Tax exemptions are not favored in law, nor are they presumed.
the law exempts refers only to those to be paid in connection with said races
c
c The first franchisee is will not enjoy a reduced rate of tax on gross receipts
Oac
.
c Statute: exemption from taxation charitable institutions, churches, parsonages Qualification of rule
or covenants appurtenant thereto, mosques, and non-profit cemeteries, and all c Strict construction does not apply in the case of tax exemptions in favor of the
lands buildings, and improvements actually, directly, and exclusively used for government itself or its agencies
religious or charitable purposes c Provisions granting exemptions to government agencies may be construed
c Exemption only refer to property taxes and not from all kinds of taxes liberally in favor of non-tax liability of such agencies
c The express exemption should not be construed with the same degree of
c Statute: tax provided shall not be collected on foreign exchange used for the such property exemption is the rule and the taxation is the exemption
payment of ¥fertilizers when imported by planters or farmers directly or c E.g. tax exemption in favor of NAPOCOR £ whether direct or indirect taxes,
farmer nor a cooperative of planters or farmers is not exempt from payment of Statutes concerning the sovereign
the tax, even though said entity merely acted as agent of planter or farmer as c Restrictive statutes which impose burdens on the public treasury or which
a sort of accommodation without making any profit from the transaction, for the diminish rights and interests are strictly construed.
law uses the word ¥directly¦ which means without anyone intervening in the c Unless so specified, the government does not fall within the terms of any
importation and the phrase ¥through their cooperatives¦ as the only exemption legislation
c See page 305 c PD 851 £ requires ¥employers¦ to pay a 13th month pay to their employees xxx
c ¥employers¦ does not embrace the RP, the law not having expressly included
c Power of taxation if a high prerogative of sovereignty, its relinquishment is it within its scope
never presumed and any reduction or diminution thereof with respect to its
mode or its rate must be strictly construed Statutes authorizing suits against the government
c Art. XXI, Sec. 3, 1987 Constitution £ ¥The State may not be sued without its
c On ¥most favored treatment clause¦ Àc General rule: sovereign is exempt from suit
c
Àc Exception: in the form of statute, state may give its consent to be ÿc Functions and service cannot be allowed to be paralyzed or
ÿc Statute is to be strictly construed and waiver from immunity legitimate and specific objects, as appropriated by law
c cc £ h can b n a h a aan h Statutes prescribing formalities of the will
a hy ha ak h aw n whch h h d nd c Strictly construed, which means, wills must be executed in accordance with
c Reason for non-suability £ not to subject the state to inconvenience and loss of the statutory requirements, otherwise, it is entirely void
governmental efficiency c The court is seeking to ascertain and apply the intent of the legislators and not
that of the testator, and the latter¨s intention is frequently defeated by the non-
obil hil. xloration, nc. v. ustoms rrastre ervices observance of what the statute requires
proprietary function necessarily incident to its governmental function, may Exceptions and provisos
NOT be construed to mean that the state has consented to be sued, when it c Should be strictly but reasonably construed
undertakes to conduct arrastre services itself, for damage to cargo c All doubts should be resolved in favor of the general provision rather than the
exceptions
c State-immunity may not be circumvented by directing the action against the Àc However, always look at the intent of legislators if it will accord
officer of the state instead of the state itself reason and justice not to apply the rule that ¥an express exception
Àc The state¨s immunity may be validly invoked against the action AS excludes all others¦
LONG AS IT CAN BE SHOWN that the suit really affects the c The rule on execution pending appeal must be strictly construed being an
property, rights, or interests of the state and not merely those of the exception to the general rule
officer nominally made party defendant c Situations which allows exceptions to the requirement of warrant of arrest or
c Even if the state consents, law should NOT be interpreted to authorize search warrant must be strictly construed; to do so would infringe upon
garnishment of public funds to satisfy a judgment against government property personal liberty and set back a basic right
ÿc Public policy forbids it c A proviso should be interpreted strictly with the legislative intent
corresponding appropriation as required by law Àc Only those expressly exempted by the proviso should be freed from
c
STATUTES LIBERALLY CONSTRUED Àc One branch attaches to the main trunk of municipal authority £
General social legislation carry into effect and discharge the powers and duties conferred upon
Àc To implement the social justice and protection-to-labor provisions of Àc Other branch is much more independent of the specific functions
Àc Construed liberally necessary and proper to provide for the health and safety, promote
Àc Resolve any doubt in favor of the persons whom the law intended to the prosperity, improve the morals, peace, good order xxx of the
benefit LGU and the inhabitants thereof, and for the protection of the
Àc Includes the following £ labor laws, tenancy laws, land reform laws, property therein
Tamayo
. anila Hotel condition, social welfare, and material progress of the people in the community
c Law grants employees the benefits of holiday pay except those therein c Construed with proprietary aspects, otherwise would cripple LGUs
c Statcon £ all employees, whether monthly paid or not, who are not among c Must follow legal progress of a democratic way of life
c Labor laws construed £ the workingman¨s welfare should be the primordial c Old rule: municipal corporations, being mere creatures of law, have only such
and paramount consideration powers as are expressly granted to them and those which are necessarily
Àc Article 4 New Labor Code £ ¥all doubts in the implementation and implied or incidental to the exercise thereof
interpretation of the provisions of the Labor Code including its c New rule: RA 2264 ¥Local Autonomy Act¦
implementing rules and regulations shall be resolved in favor of Àc Sec 12 £ ¥implied power of a province, a city, or a municipality shall
labor¦ be liberally construed in its favor. Any fair and reasonable doubt as
c Liberal construction applies only if statute is vague, otherwise, apply the law to the existence of the power should be interpreted in favor of the
General welfare clause Statutes granting taxing power (on municipal corporations)
c 2 branches
c
c Before 1973 Constitution £ inferences, implications, and deductions have no
place in the interpretation of the taxing power of a municipal corporation Election laws
c New Constitution £ Art. X, Sec 5 1987 Constitution £ ¥each local government c Election laws should be reasonably and liberally construed to achieve their
unit shall have the power to create its own sources of revenue and to levy purpose
taxes, fees, and charges subject to such guidelines and limitations as the c Purpose £ to effectuate and safeguard the will of the electorate in the choice
Congress may provide, consistent with the basic policy of local autonomy¦ of their representatives
strictly construed against the national government and liberally in Àc Provisions for the conduct of elections which election officials are
favor of the LGUs, and any doubt as to the existence of the taxing required to follow
power will be resolved in favor of the local government Àc Provisions which candidates for office are required to perform
Statutes prescribing prescriptive period to collect taxes the actual winner in the elections
Àc To the government £ tax officers are obliged to act promptly in the Different rules and canons or statutory construction govern such provisions of the
unscrupulous tax agents who will always find an excuse to inspect c Part 1:
the books of taxpayers Àc Rules and regulations for the conduct of elections
c Laws on prescription £ remedial measure £ interpreted liberally affording ÿc Before election £ mandatory (part 1)
Statutes imposing penalties for nonpayment of tax preceding from any wrongful intent and which deprives no legal voter
c liberally construed in favor of government and strictly construed against the of his votes, will not vitiate an election or justify the rejection of the
c intention to hasten tax payments or to punish evasions or neglect of duty in ÿc Against disenfranchisement
respect thereto ÿc Remedy against election official who did not do his duty £
c liberal construction would render penalties for delinquents nugatory criminal action against them
c
c Part 2: c Art. 91 RPC £ ¥period of prescription shall commence to run from the day the
Àc Provisions which candidates for office are required to perform are crime is discovered by the offended, authorities, xxx¦
mandatory c When does the period of prescription start £ day of discovery or registration in
Àc Procedural rules which are designed to ascertain, in case of dispute, c Notice need not be actual for prescription to run; constructive notice is enough
the actual winner in the elections are liberally construed c More favorable to the accused if prescriptive period is counted from the time
c For where a candidate has received popular mandate, overwhelmingly and Adoption statutes
clearly expressed, all possible doubts should be resolved in favor of the c Adoption statutes are liberally construed in favor of the child to be adopted
candidates eligibility, for to rule otherwise is to defeat the will of the electorate c Paramount consideration £ child and not the adopters
c Amnesty proclamations should be liberally construed as to carry out their c Xeteran and pension laws are enacted to compensate a class of men who
purpose suffered in the service for the hardships they endured and the dangers they
c Purpose £ to encourage to return to the fold of the law of those who have encountered in line of duty
veered from the law Àc Expression of gratitude to and recognition of those who rendered
c E.g. in case of doubt as to whether certain persons come within the amnesty service to the country by extending to them regular monetary benefit
proclamation, the doubt should be resolved in their favor and against the state c Xeteran and pension laws are liberally construed in favor of grantee
c Liberally construed in favor of the accused c Where a statute grants pension benefits to war veterans, except those who
c Reason £ time wears off proof and innocence are actually receiving a similar pension from other government funds
c Same as amnesty and pardon c Statcon £ ¥government funds¦ refer to funds of the same government and
does not preclude war veterans receiving similar pensions from the US
eo
. eyes Government from enjoying the benefits therein provided
c
c Liberal construction
c Xeteran pension law is silent as to the effectivity of pension awards, it shall be to the will of the political authority and appointing power
construed to take effect from the date it becomes due and NOT from the date
the application for pension is approved, so as to grant the pensioner more n e pplication for uratuity enefits of ssociate Justice fren lana
benefits and to discourage inaction on the part of the officials who administer c Issue: whether Justice Plana is entitled to gratuity and retirement pay when, at
the laws the time of his courtesy resignation was accepted following EDSA Revolution
havez v. athay Constitution, he lacked a few months to meet the age requirement for
c While veteran or pension laws are to be construed liberally, they should be so retirement under the law but had accumulated a number of leave of credits
construed as to prevent a person from receiving double pension or which, if added to his age at the time, would exceed the age requirement
compensation, unless the law provides otherwise c Held: yes, entitled to gratuity! Liberal construction applied
c Explained liberal construction or retirement laws c Explained doctrine laid down in the previous case
c Intention is to provide for sustenance, and hopefully even comfort when he no c The crediting of accumulated leaves to make up for lack of required age or
longer has the stamina to continue earning his livelihood length of service is not done discriminately
c He deserves the appreciation of a grateful government at best concretely c xxx only if satisfied that the career of the retiree was marked by competence,
expressed in a generous retirement gratuity commensurate with the value and integrity, and dedication to the public service
c Issue: whether a justice of the SC, who availed of the disability retirement
Vrtiz v. V O benefits pursuant to the provision that ¥if the reason for the retirement be any
c Issue: whether a commissioner of COMELEC is deemed to have completed permanent disability contracted during his incumbency in office and prior to
his term and entitled to full retirement benefits under the law which grants him the date of retirement he shall receive only a gratuity equivalent to 10 years
5-year lump-sum gratuity and thereafter lifetime pension, who ¥retires from the salary and allowances aforementioned with no further annuity payable monthly
service after having completed his term of office,¦ when his courtesy during the rest of the retiree¨s natural life¦ is entitled to a monthly lifetime
resignation submitted in response to the call of the President following EDSA pension after the 10-year period
Revolution is accepted c Held: Yes! 10-year lump sum payment is intended to assist the stricken retiree
c Held: Yes! Entitled to gratuity meeting his hospital and doctor¨s bills and expenses for his support
c
c The retirement law aims to assist the retiree in his old age, not to punish him c Lapses in the literal observance of a rule of procedure will be overlooked
for having survived when they do not involve public policy; when they arose from an honest
mistake or unforeseen accident; when they have not prejudiced the adverse
ena v. party and have not deprived the court of its authority
c Issue: whether or not a government employee who has reached the c Literal stricture have been relaxed in favor of liberal construction
compulsory retirement age of 65 years, but who has rendered less than 15 Àc Where a rigid application will result in manifest failure or miscarriage
complete the 15-year service requirement to enable him to retire with benefits Àc Where the interest of substantial justice will be served
of an old-age pension under Sec 11(b) PD 1146 Àc Where the resolution of the emotion is addressed solely to the sound
c However, CSC Memorandum Circular No 27 provides that ¥any request for and judicious discretion of the court
extension of compulsory retirees to complete the 15-years service Àc Where the injustice to the adverse party is not commensurate with
requirement for retirement shall be allowed only to permanent appointees in the degree of his thoughtlessness in not complying with the
the career service who are regular members of the GSIS and shall be granted prescribed procedure
for a period not exceeding 1 year c Liberal construction of RC does not mean they may be ignored; they are
c Held: CSC Memorandum Circular No 27 unconstitutional! It is an required to be followed except only for the most persuasive reasons
Rules of Court which would otherwise be void for want of conformity with certain legal
c Purpose of RC £ the proper and just determination of a litigation c Redemption laws £ remedial in nature £ construed liberally to carry out
c Procedural laws are no other than technicalities, they are adopted not as ends purpose, which is to enable the debtor to have his property applied to pay as
in themselves but as means conducive to the realization of the administration many debtor¨s liability as possible
of law and justice c Statutes providing exemptions from execution are interpreted liberally in order
c RC should not be interpreted to sacrifice substantial rights at the expense of to give effect to their beneficial and humane purpose
technicalities c Laws on attachment £ liberally construed to promote their objects and assist
Case
. Jugo c Warehouse receipts £ instrument of credit £ liberally construed in favor of a
c
c Probation laws £ liberally construed c Legislative intent does not depend on the form of the statute; must be given to
Àc Purpose: to give first-hand offenders a second chance to maintain his the entire statute, its object, purpose, legislative history, and to other related
c Statute granting powers to an agency created by the Constitution should be c Mandatory in form but directory in nature £ possible
liberally construed for the advancement of the purposes and objectives for c Whether a statute is mandatory or directory depends on whether the thing
which it was created directed to be done is of the essence of the thing required, or is a mere matter
IN GENERAL the directions of a statute are given merely with a view to the proper,
Generally on it
c Mandatory and directory classification of statutes £ importance: what effect Àc Considered mandatory £ a provision relating to the essence of the
should be given to the mandate of a statute thing to be done, that is, to matters of substance; interpretation
Mandatory and directory statutes, generally to be essential to the validity of the act or proceeding, or when some
c Mandatory statute £ commands either positively that something be done in a antecedent and prerequisite conditions must exist prior to the
particular way, or negatively that something be not done; it requires exercise of the power, or must be performed before certain other
the act to be done in such a way that no injury can result from ignoring it or Test to determine nature of statute
that its purpose can be accomplished in a manner other than that prescribed c Test is to ascertain the consequences that will follow in case what the statute
and substantially the same result obtained; confer direction upon a person; requires is not done or what it forbids is performed
non-performance of what it prescribes will not vitiate the proceedings therein c Does the law give a person no alternative choice? £ if yes, then it is
taken mandatory
When statute is mandatory or directory Àc If substantial rights depend on it and injury can result from ignoring it;
c No absolute test to determine whether a statute is directory or mandatory intended for the protection of the citizens and by a disregard of which
c Final arbiter £ legislative intent their rights are injuriously affected £ mandatory
c
Àc Purpose is accomplished in a manner other than that prescribed and c The import of the word ultimately depends upon a consideration of the entire
substantially the same results obtained - directory provision, its nature, object and the consequences that would follow from
c Statutes couched in mandatory form but compliance is merely directory in construing it one way or the other
nature
Àc If strict compliance will cause hardship or injustice on the part of the Ooyola urand Xilla Homeowners outh) ssn., nc. v.
Àc If it will lead to absurd, impossible, or mischievous consequences c Corporation Code Sec 46 reads ¥ every corporation formed under this Code
ÿc If an officer is required to do a positive act but fails because MUST within one month after receipt of official notice of the issuance of its
such actions will lead to the aforementioned, he will only be certification of incorporation with the SEC, adopt a code of by-laws for its
subject to administrative sanction for his failure to do what government not inconsistent with this Code¦
the law require. c PD 902-A which is in ai a ia wih h Cooaion Cod sa s ha h
Àc Must or Must not c One test whether mandatory or directory compliance must be made £ whether
Àc Ought or Ought not non-compliance with what is required will result in the nullity of the act; if it
Àc Can or Cannot
Àc May or May not c Law requires in petitions for land registration that ¥upon receipt of the order of
the court setting the time for initial hearing to be published in the OG and once
Use of ¥shall¦ or ¥must¦ c Law expressly requires that the initial hearing be published in the OG AND in
c Generally, ¥shall¦ and ¥must¦ is mandatory in nature the newspaper of general circulation £ reason: OG is not as widely read of the
c If a different interpretation is sought, it must rest upon something in the newspaper of general circulation
character of the legislation or in the context which will justify a different c ¥shall¦ is imperative/ mandatory
a nullity
c
c ¥Shall¦ implies discretion because of the phrase ¥subject to availability of
c Used in procedural or adjective laws; liberally construed c Corporation Codes reads ¥SHALL, upon such violation being proved, be
c Example: Sec 63 of the corporation Code £ ¥shares of stock so issued are dissolved by quo arranto proceedings¦
personal property and MAY be transferred by delivery of the certificate or c ¥Shall¦ construed as ¥may¦
Àc ¥may¦ is merely directory and that the transfer of the shares may be erces, Sr.
. uunona
effected in a manner different from that provided for in law c Sec. 68 Ra 7160 (LGC) provides that an appeal from an adverse decision
against a local elective official to the President ¥SHALL not prevent a decision
When ¥shall¦ is construed as ¥may¦ and vice versa from becoming final and executor¦
c Rule: ¥may¦ should be read ¥shall¦ c ¥Shall¦ is not mandatory because there is room to construe said provision as
Àc where such construction is necessary to give effect to the apparent giving discretion to the reviewing officials to stay the execution of the appealed
Àc where a statute provides for the doing os some act which is required
Àc where it vests a public body or officer with power and authority to c A negative statute is mandatory; expressed in negative words or in a form of
take such action which concerns for the public interest or rights of an affirmative proposition qualified by the word ¥only¦
c Rule: ¥shall¦ should be read ¥may¦ c Prohibitive or negative words can rarely, if ever, be discretionary
Àc When no public benefit or private right requires that it be given an MANDATORY STATUTES
imperative meaning
Diono v. ehabilitiation inance orp c Generally regarded as mandatory although couched in a permissive form
c Sec. 2 RA 304 reads ¥banks or other financial institutions owned or controlled c Should construe as imposing absolute and positive duty rather than conferring
discount at not more than 20% for 10 years of such backpay certificate¦ c Power is given for the benefit of third persons, not for the public official
c
c Granted to meet the demands of rights, and to prevent a failure of justice
c Considered mandatory Àc Appeal to the Sec of Justice within 30 days of effectivity of the tax
c Failure of the person to take the required steps or to meet the conditions will ordinance
ordinarily preclude him from availing of the statutory benefits Àc If Sec of Justice decides the appeal, a period of 30 days is allowed
h wh b h h Àc If the Sec of Justice does not act thereon, after the lapse of 60 days,
c , £ h wh f f d a party could already proceed to seek relief in court
gh c Purpose of mandatory compliance: to prevent delays and enhance the speedy
c Considered mandatory c Unless the requirements of law are complied with, the decision of the lower
c Examples court will become final and preclude the appellate court from acquiring
Àc Provision in the Tax Code to the effect that before an action for c ca £ bc q ha by h v y
refund of tax is filed in court, a written claim therefore shall be a o hg h b a d o a ga coov y
and failure to comply with such requirement is fatal to the action uacho v. D v a, J
Statutes prescribing time to take action or to appeal should the defendant fail to answer the complaint within the period above
c Generally mandatory provided, the Court, motu proprio, or on motion of the plaintiff, SHALL render
c Held as absolutely indispensable to the prevention of needless delays and to judgment as may be warranted by the facts alleged in the complaint and
the orderly and speedy discharge or business, and are necessary incident to limited to what is prayed for therein,¦ is mandatory or directory, such that an
the proper, efficient, and orderly discharge of judicial functions answer filed out of time may be accepted
c Not waivable, nor can they be the subject of agreements or stipulation of Àc Must file the answer within the reglementary period
c
Àc Otherwise, it would defeat the objective of expediting the adjudication c Before election £ mandatory
affect an obstruction to the free and intelligent casting of the votes, or to the
Statutes prescribing procedural requirements ascertainment of the result, or unless it is expressly declared by the statute
c Construed mandatory that the particular act is essential to the validity of an election, or that its
c Procedure relating to jurisdictional, or of the essence of the proceedings, or is omission shall render it void (whew, and haba!)
prescribed for the protection or benefit of the party affected c When the voters have honestly cast their ballots, the same should not be
c Where failure to comply with certain procedural requirements will have the nullified simply because the officers appointed under the law to direct the
effect of rendering the act done in connection therewith void, the statute elections and guard the purity of the ballot have not done their duty
prescribing such requirements is regarded as mandatory even though the c For where a candidate has received popular mandate, overwhelmingly and
language is used therein is permissive in nature clearly expressed, all possible doubts should be resolved in favor of the
candidates eligibility, for to rule otherwise is to defeat the will of the electorate
De esa v. encias
c Sec 17, Rule 3 RC £ ¥after a party dies and the claim is not thereby Delos eyes v. odriguez
extinguished, the court shall order, upon proper notice, the legal c The circumstance that the coupon bearing the number of the ballot is not
representative of the deceased to appear and to be substituted xxx. If legal detached at the time the ballot is voted, as required by law, does not justify
representative fails to appear xxx, the court MAY order the opposing party to the court in rejecting the ballot
c Although MAY was used, provision is mandatory Election laws on qualification and disqualification
c Procedural requirement goes to the very jurisdiction of the court, for ¥unless c The rule of ¥before-mandatory and after-directory¦ in election laws only applies
and until a legal representative is for him is duly named and within the to procedural statutes;
jurisdiction of the trial court, no adjudication in the cause could have been c Not applicable to provisions of the election laws prescribing the time limit to file
accorded any validity or the binding effect upon any party, in representation of certificate of candidacy and the qualifications and disqualifications of elective
the deceased, without trenching upon the fundamental right to a day in court office £ considered mandatory even after election
Election laws on conduct of election commencement of the term and during the occupancy of the office
c Construed as mandatory
c
c Statutes prescribing the eligibility or qualifications of persons to a public office
c Intended for the security of the citizens, or to insure the equality of taxation, or c Generally, non-compliance therewith is not necessary to the validity of the
for certainty as to the nature and amount of each other¨s tax £ MANDATORY proceedings
assessment of his property within a prescribed period Statutes requiring rendition of decision within prescribed period
c Those designed merely for the information or direction of officers or to secure c Sec 15(1) Art. XIII, 1987 Constitution £ the maximum period within which a
methodical and systematic modes of proceedings - DIRECTORY case or matter shall be decided or resolved from the date of its submission
shall be
c Procedural steps must be strictly followed Àc 3 months £ all other lower courts
Àc 60 days from the date of its submission for resolution £ for all
Constitutional Commissions
Àc Except
Statutes prescribing guidance for officers ÿc language of the statute contains negative words
c Regulation designed to secure order, system, and dispatch in proceedings, ÿc designation of the time was intended as a limitation of
and by a disregard of which the rights of parties interested may not be power, authority or right
injuriously affected £ directory c always look at intent to ascertain whether to give the statute a mandatory or
the acts required shall not be done in any other manner or time than Àc basis: EXPEDIENCY £ less injury results to the general public by
that designated disregarding than enforcing the little of the law and that judges would
c
otherwise abstain from rendering decisions after the period to render Àc Statutory provisions which may be thus departed from with impunity,
them had lapsed because they lacked jurisdiction tot do so without affecting the validity of statutory proceedings, are usually
Querubin
. essential to effect the aim and purpose of the legislature or some
c Statute: appeals in election cases ¥shall be decided within 3 months after the incident of the essential act £ thus directory
filing of the case in the office of the clerk of court¦ Àc Liberal construction £ departure from strict compliance would result
c Issue: whether or not CA has jurisdiction in deciding the election case in less injury to the general public than would its strict application
although the required period to resolve it has expired Àc Courts are not divested of their jurisdiction for failure to decide a
c Held: yes, otherwise is to defeat the administration of justice upon factors case within the 90-day period
beyond the control of the parties; would defeat the purpose of due process; Àc Only for the guidance of the judges manning our courts
dismissal will constitute miscarriage of justice; speedy trial would be turned Àc Failure to observe said rule constitutes a ground for administrative
Àc Failure of judge to take action within the said period merely deprives ÿc A certification to this effect is required before judges are
him of their right to collect their salaries or to apply for leaves, but allowed to draw their salaries
does not deprive them of the jurisdiction to act on the cases pending
c Sec 15(1) Art. XIII, 1987 Constitution £ the maximum period within which a c Prospective £
case or matter shall be decided or resolved from the date of its submission Àc operates upon facts or transactions that occur after the statute takes
shall be effect
Àc 3 months £ all other lower courts Àc Law which creates a new obligation, imposes a new duty or attaches
c Sec 15(1) Art. XIII, 1987 Constitution £ directory a new disability in respect to a transaction already past.
c Reasons:
c
Àc A statute is not made retroactive because it draws on antecedent c Art. 4 of the Civil Code which provides that ¥Laws shall have no retroactive
facts for its operation, or part of the requirements for its action and effect, unless the contrary is provided.¦
application is drawn from a time antedating its passage. c O x c, c £ h law lk fwad, backwad
c A law may be made operative partly on facts that occurred prior to the c If the law is silent as to the date of its application and that it is couched in the
effectivity of such law without being retroactive. past tense does not necessarily imply that it should have retroactive effect.
be available thenceforth, that is, after said Act became effective and on or ureo v. omelec
before the deadline for filing income tax returns, with respect to compensation c A statute despite the generality of its language, must not be so construed as
income earned or received during the calendar year prior to the date the law to overreach acts, events, or matters which transpired before its passage
took effect. c Statute: Sec.40 of the LGC disqualifying those removed from office as a result
c A retroactive law (in a legal sense) c Held: It cannot disqualify a person who was administratively removed from his
Àc one which takes away or impairs vested rights acquired under position prior to the effectivity of said Code from running for an elective
Àc creates a new obligation and imposes a new duty c Rationale: a law is a rule established to guide actions with no binding effect
already past
c
a c
a b a £ A w
having only prospective operation, unless the intendment of the legislature is c Prospectivity applies to:
to give them a retroactive effect, expressly declare or necessarily implied from Àc Statutes
c No court will hold a statute to be retroactive when the legislature has not said Àc Judicial decisions
c
c Held: removed §personal cultivation¨ as the ground for ejectment of a tenant
c
. can¨t be given retroactive effect in absence of statutory statement for
c Statute: RA 1576 which divested the PNB of authority to accept back pay retroactivity.
c Held: does not apply to an offer of payment made before effectivity of the act. c Applied to administrative rulings & circulars:
Oaardo v. asaanda c Held: a circular or ruling of the CIR cannot be given retroactive effect
c Held: RA 2613, as amended by RA 3090 ON June 1991, granting inferior adversely to a taxpayer.
c Held: Sec. 9 & 10 of E.O. 90 amending Sec 4 of P.D. 1752 could have no o aldez v.
retroactive application. c Held: CSC Memorandum Circular No. 29 cannot be given retrospective effect
Peo v. Que Po Oa appointment had expired before the Circular was issued.
c Held: a person cannot be convicted of violating Circular 20 of the Central c Applied to judicial decisions for even though not laws, are evidence of what
Bank, when the alleged violation occurred before publication of the Circular on the laws mean and is the basis of Art.8 of the Civil Code wherein laws of the
the Official Gazette. Constitution shall form part of the legal system of the Philippines.
c Held: It denied retroactive application to PD 27 decreeing the emancipation of c Presumption is that all laws operate prospectively, unless the contrary clearly
tenants from the bondage of the soil, & PD 316, prohibiting ejectment of appears or is clearly, plainly and unequivocally expressed or necessarily
tenants from rice & corn farmholdings pending promulgation of rules & implied.
regulations implementing PD 27 c In case of doubt: resolved against the retroactive operation of laws
ilo v render it unconstitutional- the statute will be given prospective effect and
operation.
c
c Presumption is strong against substantive laws affecting pending actions or c Problem in construction is when it is applied retroactively, to avoid frontal
proceedings. No substantive statute shall be so construed retroactively as to clash with the Constitution and save the law from being declared
Àc ¥from and after the passing of this Act¦ c Penal laws operate prospectively.
Àc ¥shall have been made¦ c Art. 21 of the RPC provides that ¥no felony shall be punishable by any penalty
Àc ¥from and after¦ a designated date not prescribed by law prior to its commission.
c ¥Shall¦ implies that the law makes intend the enactment to be effective only in c Provision is recognition to the universally accepted principle that no penal law
f t e. can have a retroactive effect, no act or omission shall be held to be a crime,
c Statutes have no retroactive but prospective effect: nor its author punished, except by virtue of a law in force at the time the act
Àc Shall take effect on the date the President shall have issued a c c a, a a £ th c wth t a
c The Constitution does not prohibit the enactment of retroactive statutes which c Constitution provides that no ex post acto law shall be enacted. It also
do not impair the obligation of contract, deprive persons of property without prohibits the retroactive application o penal laws which are in the nature o ex
due process of law, or divest rights which have become vested, or which are post acto laws.
not in the nature of ex post facto laws. c x ac law are any he llwing:
c Statutes by nature which are retroactive: Àc Law makes criminal an act done before the passage of the law and
Àc Remedial or curative statutes which was innocent when done, and punishes such act
Àc Statutes which create new rights Àc Law which aggravates a crime, makes it greater than it was, when
Àc Where it uses words which clearly indicate its intent Àc Law which changes the punishment & inflicts a greater punishment
c
Àc Law which alters the legal rules of evidence, authorizes conviction c History: Bill of Attainder was employed to suppress unpopular causes &
upon less or different testimony than the law required at the time of political minorities, and this is the evil sought to be suppressed by the
Àc Law which assumes to regulate civil rights and remedies only, but in c How to spot a Bill of Attainder:
effect imposes penalty or deprivation of a right for something which Àc Singling out of a definite minority
Àc Law which deprives a person accused of a crime of some lawful Àc A legislative intent
protection to which he has become entitled, such as protection of a Àc retroactive application to past conduct suffice to stigmatize
former conviction or acquittal, or proclamation of amnesty. c Bill of Attainder is objectionable because of its ex ost facto features.
c Test if ex st fact clause is vilated: Des the law sught t be alied c Accordingly, if a statute is a Bill of Attainder, it is also an ex ost facto law.
retractively take frm an accused any right vital fr rtectin f life and
c Scope: applies only to criminal or penal matters c Penal laws cannot be given retroactive effect, except when they are favorable
c It does NOT apply to laws concerning civil proceedings generally, or which to the accused.
affect or regulate civil or private rights or political privilege c Art.22 of RPC ¥penal laws shall have a retroactive effect insofar as they favor
the person guilty of a felony, who is not a habitual criminal, as this term is
lvia v. andiganbayan defined in Rule 5 Art 62 of the Code , although at the time of the application of
c Law: as of the date of the effectivity of this decree, any case cognizable by such laws a final sentence has been pronounced and the convict is serving
the andiganbayan is not an ex ost facto law because it is not a enal the same.
statute nor dilutes the right of aeal of the accused. c This is not an x ost acto law.
Bill of attainder c Rule is founded on the principle that: the right of the state to punish and
c Constitution provides that no bill of attainder shall be enacted. impose penalty is based on the principles of justice.
c Bill of attainder £ legislative act which inflicts punishment without judicial trial c a
aba
a aa, aa a £ Cc c a aw
c Essence: substitution of a legislative for a judicial determination of guilt j fy h xc .
c Serves to implement the principle of separation of powers by confining the c Exception was inspired by sentiments of humanity and accepted by science.
legislature to rule-making & thereby forestalling legislative usurpation of c 2 laws affecting the liability of accused:
judicial functions. Àc In force at the time of the commission of the crime £ during the
c
ÿc reducing the degree of penalty Àc creates, defines or regulates rights concerning life, liberty or
ÿc eliminating the offense itself property, or the powers of agencies or instrumentalities for
pay the civil liability Àc that part of law which creates, defines & regulates rights, or which
ÿc prescription of the offense regulates rights or duties which give rise to a cause of action
c such statute will be applied retroactively and the Àc that part of law which courts are established to administer
trial court before the finality of judgment or the Àc when applied to criminal law: that which declares which acts are
appellate court on appeal from such judgment crimes and prescribe the punishment for committing them
should take such statute in consideration. Àc Cannot be construed retroactively as it might affect previous or past
Àc Enacted during or after the trial of the criminal action rights or obligations
c Substantive rights
Director
. Director of rion Àc One which includes those rights which one enjoys under the legal
c When there is already a final judgment & accused is serving sentence, system prior to the disturbance of normal relations.
remedy is to file petition of habeas corpus, alleging that his continued c Cases with substantive statutes:
c Exceptions to the rule: requirements to be complied with be fore a case can be brought to court.
Àc When statute provides that it shall not apply to existing actions or spiritu
. ipriano
pending cases c Freezes the amount of monthly rentals for residential houses during a fixed
Àc Where accused disregards the later law & invokes the prior statute period
c General rule: An amendatory statute rendering an illegal act prior to its pouses irona
. le
o
enactment no longer illegal is given retroactive effect does not apply when c Law: Comprehensive Land Reform Law granting complainants tenancy rights
amendatory act specifically provides that it shall only apply prospectively. to fishponds and pursuant to which they filed actions to assert rights which
Statutes substantive in nature c Held: Amendatory law is substantive in nature as it exempts fishponds from its
c
c Where court originally obtains and exercises jurisdiction, a later statute
c Test for procedural laws: restricting such jurisdiction or transferring it to another tribunal will not affect
Àc if rule really regulates procedure, the judicial process for enforcing pending action, unless statute provides & unless prohibitory words are used.
them c Where court has no jurisdiction over a certain case but nevertheless decides
Àc If it operates as a means of implementing an existing right it, from which appeal is taken, a statute enacted during the pendency of the
c Test for substantive laws: appeal vesting jurisdiction upon such trial court over the subject matter or
Àc If it takes away a vested right such case may not be given retroactive effect so as to validate the judgment
Àc If rule creates a right such as right to appeal of the court a quo, in the absence of a saving clause.
epublic v. rieto
abia
. Desierto c Where a complaint pending in court is defective because it did not allege
c Where to prosecute an appeal or transferring the venue of appeal is sufficient action, it may not be validated by a subsequent law which affects
c Example:
Àc Decreeing that appeals from decisions of the Ombudsman in c Rule against the retroactive operation of statutes in general applies more
administrative actions be made to the Court of Appeals strongly with respect to substantive laws that affect pending actions or
Àc Requiring that appeals from decisions of the NLRC be filed with the proceedings.
Court of Appeals
c Generally, procedural rules are retroactive and are applicable to actions Qualification of rule
pending and undermined at the time of the passage of the procedural law, c A substantive law will be construed as applicable to pending actions if such is
while substantive laws are prospective the clear intent of the law.
c Statutes affecting substantive rights may not be given retroactive operation so c As a rule, a case must be decided in the light of the law as it exists at the time
as to govern pending proceedings. of the decision of the appellate court, where the statute changing the law is
c
c This rule is true though it may result in the reversal of a judgment which as c Law creating a new right in favor of a class of persons may not be so applied
correct at the time it was rendered by the trial court. The rule is subject to the if the new right collides with or impairs any vested right acquired before the
limitation concerning constitutional restrictions against impairment of vested establishment of the new right nor, by the terms of which is retroactive, be so
property that has become fixed or established and is no longer open to doubt enuet onsoidated inin o
. ineda
or controversy c While a person has no vested right in any rule of law entitling him to insist that
c Rights are vested when the right to enjoyment, present or prospective, has it shall remain unchanged for his benefit, nor has he a vested right in the
become the property of some particular person or persons, as a present continued existence of a statute which precludes its change or repeal, nor in
c The right must be absolute, complete and unconditional, independent of a be so applied retroactively as to impair his right that accrued under the old
contingency law.
c A mere expectancy of future benefit or a contingent interest in property c Statutes must be so construed as to sustain its constitutionality, and
founded on anticipated continuance of existing laws does not constitute a prospective operation will be presumed where a retroactive application will
c Inchoate rights which have not been acted on are not vested
c A statute may not be construed and applied retroactively under the following
Àc if it impairs substantive right that has become vested; c The abolition of the death penalty and its subsequent re-imposition. Those
Àc as disturbing or destroying existing right embodied in a judgment; accused of crimes prior to the re-imposition of the death penalty have
Àc creating new substantive right to fundamental cause of action where acquired vested rights under the law abolishing it.
none existed before and making such right retroactive; c Courts have thus given statutes strict constriction to prevent their retroactive
Àc by arbitrarily creating a new right or liability already extinguished by operation in order that the statutes would not impair or interfere with vested or
c
the death penalty accrued or attached by virtue of Article 22 of the Revised A.. obacco or. v. Oina
Penal Code. This benefit cannot be taken away from them. c The importation of certain goods without import license which was legal under
the law existing at the time of shipment is not rendered illegal by the fact that
Statutes affecting obligations of contract when the goods arrived there was already another law prohibiting importation
c Any contract entered into must be in accordance with, and not repugnant to, without import license. To rule otherwise in any of these instances is to impair
the applicable law at the time of execution. Such law forms part of, and is read the obligations of contract.
into, the contract even without the parties expressly saying so.
c Laws existing at the time of the execution of contracts are the ones applicable
to such transactions and not later statutes, unless the latter provide that they Illustration of rule
c Later statutes will not, however, be given retroactive effect if to do so will eople v. Zeta
impair the obligation of contracts, for the Constitution prohibits the enactment c Existing law: authorizing a lawyer to charge not more than 5% of the amount
of a law impairing the obligations of contracts. involved as attorney¨s fees in the prosecution of certain veteran¨s claim.
c Any law which enlarges, abridges, or in any manner changes the intention of c Facts: A lawyer entered into a contract for professional services on
the parties necessarily impairs the contract itself contingent basis and actually rendered service to its successful conclusion.
c A statute which authorizes any deviation from the terms of the contract by Before the claim was collected, a statute was enacted.
postponing or accelerating the period of performance which it prescribes, c New statute: Prohibiting the collection of attorney¨s fees for services rendered
imposing conditions not expressed in the contract, or dispensing with those in prosecuting veteran¨s claims.
which are however minute or apparently immaterial in their effect upon the c Issue: For collecting his fees pursuant to the contract for professional
contract, impairs the obligation, and such statute should not therefore be services, the lawyer was prosecuted for violation of the statute.
applied retroactively. c Held: In exonerating the lawyer, the court said: the statute prohibiting the
c As between two feasible interpretations of a statute, the court should adopt collection of attorney¨s fees cannot be applied retroactively so as to adversely
that which will avoid the impairment of the contract. affect the contract for professional services and the fees themselves.
c If the contract is legal at it inception, it cannot be rendered illegal by a c The 5% fee was contingent and did not become absolute and unconditional
subsequent legislation. until the veteran¨s claim had been collected by the claimant when the statute
c A law by the terms of which a transaction or agreement would be illegal was already in force did no alter the situation.
cannot be given retroactive effect so as to nullify such transactions or c For the ¥distinction between vested and absolute rights is not helpful and a
agreement executed before said law took effect. better view to handle the problem is to declare those statutes attempting to
c
affect rights which the courts find to be unalterable, invalid as arbitrary and c The general rule on the prospective operation of statutes also applies to
c The 5% fee allowed by the old law is ¥not unreasonable. Services were
rendered thereunder to claimant¨s benefits. The right to fees accrued upon an Jose v. ehabilitation inance orp
such rendition. Only the payment of the fee was contingent upon the approval c RA 401 which condoned the interest on pre-war debts from January 1, 1942
of the claim; therefore, the right was contingent. For a right to accrue is one to December 31, 1945 amended by RA 671 on June 16, 1951 by virtually
thing; enforcement thereof by actual payment is another. The subsequent law reenacting the old law and providing that if the debtor, however, maes
enacted after the rendition of the services should not as a matter of simple voluntary payment of the entire pre-war unpaid principal obligation on or
justice affect the agreement, which was entered into voluntarily by the parties before December 31, 1952, the interest on such principal obligation
as expressly directed in the previous law. To apply the new law to the case of corresponding from January 1, 1946 to day of payment are liewise
and unreasonable as destructive of the inviolability of contracts, and therefore c Held: a debtor who paid his pre-war obligation together with the interests on
invalid as lacking in due process; to penalize him for collecting such fees, March 14, 1951 or before the amendment was approved into law, is not
repugnant to our sense of justice.¦ entitled to a refund of the interest paid from January 1, 1946 to March 14,
c Statutes which repeal earlier or prior laws operate prospectively, unless the Àc ¥makes voluntary payment¦ £ denotes a present or future act;
legislative intent to give them retroactive effect clearly appears. thereby not retroactively
c Although a repealing state is intended to be retroactive, it will not be so Àc ¥unpaid principal obligation¦ and ¥condone¦ £ imply that amendment
construed if it will impair vested rights or the obligations of contracts, or does not cover refund of interests paid after its approval.
unsettle matters that had been legally done under the old law.
c Repealing statutes which are penal in nature are generally applied v. Oa ondena
retroactively if favorable to the accused, unless the contrary appears or the c Statute: imposes tax on certain business activities is amended by eliminating
accused is otherwise not entitled to the benefits of the repealing act. the clause providing a tax on some of such activities, and the amended act is
c While an amendment is generally construed as becoming a part of the original further amended, after the lapse of length of time, by restoring the clause
act as if it had always been contained therein , it may not be given a previously eliminated, which requires that the last amendment should not be
retroactive effect unless it is so provided expressly or by necessary given retroactive effect so as to cover the whole period.
mperial v.
c
c An amendment which imposes a tax on a certain business which the statute
prior to its amendment does not tax, may not be applied retroactively so as to STATUTES GIXEN RETROACTIXE EFFECT
require payment of the tax on such business for the period prior to the
c Issue: can Buyco compel the PNB to accept his backpay certificate in Àc procedural laws
payment of his indebtedness to the bank Àc curative laws, which are given retroactive operation
c April 24, 1956- RA 897 gave Buyco the right to have said certificate applied in c Procedural laws
payment of is obligation thus at that time he offered to pay with his backpay Àc adjective laws which prescribe rules and forms of procedure of
c June 16, 1956, RA 1576 was enacted amending the charter of the PNB and Àc they refer to rules of procedure by which courts applying laws of all
provided that the bank shall have no authority to accept backpay certificate in kinds can properly administer injustice
payment of indebtedness to the bank. Àc they include rules of pleadings, practice and evidence
c Held: The Court favored Buyco. All statutes are construed as having Àc Applied to criminal law, they provide or regulate the steps by which
prospective operation, unless the purpose of the legislature is to give them one who commits a crime is to be punished.
c This principle also applies to amendments. RA 1576 does not contain any do not create new or take away vested rights, but only operate in
provision regarding its retroactive effect. It simply states its effectivity upon furtherance of the remedy or confirmation of the rights already
approval. The amendment therefore, has no retroactive effect, and the existing, do not come within the legal conception of a retroactive law,
present case should be governed by the law at the time the offer in question or the general rule against the retroactive operation of statutes.
was made Àc A new statute which deals with procedure only is presumptively
c The rule is familiar that after an act is amended, the original act continues to applicable to all actions £ those which have accrued or are pending.
be in force with regard to all rights that had accrued prior to such amendment. Àc Statutes regulating the procedure of the courts will be construed as
nsular uo
ernment
. ran passage.
c Where a contract is entered into by the parties on the basis of the law then c The retroactive application of procedural laws is not:
prevailing, the amendment of said law will not affect the terms of said contract. Àc violative of any right of a person who may feel that he is adversely
c The rule applies even if one of the contracting parties is the government affected;
c
Àc nor constitutionally objectionable. c An administrative rule: which is interpretative of a pre-existing statue and not
c aa : v s d rgh may aach , r ars frm, prc dura aws. declarative of certain rights with obligations thereunder is given retroactive
c A person has no vested right in any particular remedy, and a litigant cannot effect as of the date of the effectivity of the statute.
insist on the application to the trial of his case, whether civil or criminal, of any
other than the existing rules of procedure Atlas onsolidated ining & Development orp. v. A
c Issue: whether a trial court has been divested of jurisdiction to hear and
Alday v. amillon decide a pending case involving a mining controversy upon the promulgation
c Provision: BP 129- ¥nor record or appeal shall be required to take an appeal.¦ of PD 1281 which vests upon the Bureau of Mines Original and exclusive
(procedural in nature and should be applied retroactively) jurisdiction to hear and decide mining controversies.
c Issue: Whether an appeal from an adverse judgment should be dismissed for c Held: Yes. PD 1281 is a remedial statute.
failure of appellant to file a record on appeal within 30 days as required under c It does not create new rights nor take away rights that are already vested. It
the old rules. only operates in furtherance of a remedy or confirmation of rights already in
c Such question is pending resolution at the time the BP Blg took effect, existence.
became academic upon effectivity of said law because the law no longer c It does not come within the legal purview of a prospective law. As such, it can
requires the filing a of a record on appeal and its retroactive application be given retrospective application of statutes.
removed the legal obstacle to giving due course to the appeal. c Being procedural in nature, it shall apply to all actions pending at the time of
its enactment except only with respect to those cases which had already
c A statute which transfers the jurisdiction to try certain cases from a court to a c Were it not so, the purpose of the Decree, which is to facilitate the immediate
quasi-judicial tribunal is a remedial statute that is applicable to claims that resolution of mining controversies by granting jurisdiction to a body or agency
accrued before its enactment but formulated and filed after it took effect. more adept to the technical complexities of mining operations, would be
c Held: The court that has jurisdiction over a claim at the time it accrued cannot thwarted and rendered meaningless.
validly try to claim where at the time the claim is formulated and filed, the c Litigants in a mining controversy cannot be permitted to choose a forum of
c aa : fr v acs p dg cur may b vady b ak away c Jurisdiction is imposed by law and not by any of the parties to such
h ard by parcuar cur. c Furthermore, PD 1281 is a special law and under a well-accepted principle in
stat con, the special law will prevail over a stature or law of general
application.
c
Àc Courts may deny the retroactive application of procedural laws in the
b, J.
. aabaa event that to do so would not be feasible or would work injustice.
c Court ruled that RA 7975, in further amending PD 1606 as regards the Àc Nor may procedural laws be applied retroactively to pending actions
Sandiganbayan¨s jurisdiction, mode of appeal, and other procedural matters, if to do so would involve intricate problems of due process or impair
is clearly a procedural law, i.e. one which prescribes rules and forms of the independence of the courts.
which refer to rules of procedure by which courts applying laws of all kinds ayag v.
can properly administer justice. c Issue: whether an action for recognition filed by an illegitimate minor after the
c The petitioners suggest that it is likewise curative or remedial statute, which death of his alleged parent when Art 285 of the Civil Code was still in effect
cures defects and adds to the means of enforcing existing obligations. and has remained pending Art 175 of the Family Code took effect can still be
c As a procedural and curative statute, RA 7975 may validly be given prosecuted considering that Art 175, which is claimed to be procedural in
retroactive effect, there being no impairment of contractual or vested rights. nature and retroactive in application, does not allow filing of the action after
artinez v. eople c Held: The rule that a statutory change in matters of procedure may affect
c Statutes regulating the procedure of the courts will be construed as applicable pending actions and proceedings, unless the language of the act excludes
to actions pending and undermined at the time of their passage. them from its operation, is not so pervasive that it may be used to validate or
c Where at the time the action was filed, the Rules of Court: ¥a petition to be invalidate proceedings taken before it goes into effect, since procedure must
allowed to appeal as pauper shall not be entertained by the appellate court¦ be governed by the law regulating it at the time the question of procedure
c The subsequent amendment thereto deleting the sentence implies that the arises especially where vested rights maybe prejudiced.
appellate court is no longer prohibited from entertaining petitions to appear as c Accordingly, Art 175 of the Family Code finds no proper application to the
pauper litigants, and may grant the petition then pending action, so long as its instant case since it will ineluctably affect adversely a right of private
requirements are complied with. respondent and, consequentially, of the minor child she represents, both of
which have been vested with the filing of the complaint in court. The trial court
Exceptions to the rule is, therefore, correct in applying the provisions of Art 285 of the Civil Code and
c The rule does not apply where: in holding that private respondent¨s cause of action has not yet prescribed.¦
pending actions are excepted from it operation, or where to apply it Curative statutes
to pending proceedings would impair vested rights c curative remedial statutes are healing acts
c
c they are remedial by curing defects and adding to the means of enforcing Àc by their very nature, curative statutes are retroactive and reach back
existing obligations to the past events to correct errors or irregularities & to render valid
c the rule to curative statutes is that if the thing omitted or failed to be done, and & effective attempted acts which would be otherwise ineffective for
which constitutes the defect sought to be removed or made harmless, is the purpose the parties intended
something which the legislature might have dispensed with by a previous c Curative statutes are forms of retroactive legislations which reach back on
statute, it may do so by a subsequent one past events to correct errors or irregularities & to render valid & effective
c curative statutes are intended to supply defects, abridge superfluities in attempted acts which would be otherwise ineffective for the purpose the
existing laws, and curb certain evils. They are designed and intended, but parties intended.
has failed of expected legal consequence by reason of some statutory rectors, nc. v. OC (hahhha for the petitioner)
disability or irregularity in their own action. They make valid that which, before c Statute: EO 111, amended Art 217 of the Labor Code to widen the workers,
the enactment of the statute, was invalid. access to the government for redress of grievances by giving the Regional
c Their purpose is to give validity to acts done that would have been invalid Directors & the Labor Arbiters concurrent jurisdiction over cases involving
under existing laws, as if existing laws have been complied with money claims
c Issue: Amendment created a situation where the jurisdiction of the RDs and
c (rested the definition of curative statutes) c Remedy: RA 6715further amended Art 217 by delineating their respective
Àc those which undertake to cure errors& irregularities, thereby Àc the claim is presented by an employer or person employed in
validating judicial judicial or administrative proceedings, acts of public domestic or household services or household help under the Code.
officers, or private deeds or contracts which otherwise would not Àc the claimant no longer being employed does not seek reinstatement
produce their intended consequences by reason of some statutory Àc the aggregate money claim of the employee or househelper doesn¨t
All other cases are within the exclusive jurisdiction of the Labor Arbiter.
Àc curative statutes are healing acts curing defects and adding to the c A curative statute is enacted to cure defects in a prior law or to validate legal
means of enforcing existing obligations proceedings, instruments or acts of public authorities which would otherwise
Àc and are intended to supply defects abridge superfluities in existing be void for want of conformity with certain existing legal requirements
c
. u has no power to make a judgment rendered without jurisdiction of a valid
c Statutes intended to validate what otherwise void or invalid marriages, being judgment.
rivaldo v. V O
Santos v. Duata c (an example considered curative & remedial as well as one which creates
c Statute which provides that a contract shall presumed an equitable mortgage new rights & new remedies, generally held to e retroactive in nature- PD 725,
in any of the cases therein enumerated, and designed primarily to curtail evils which liberalizes the procedure of repatriation)
brought about by contracts of sale with right of repurchase, is remedial in c Held: PD 725 & the re-acquisition of the Filipino citizenship by administrative
nature & will be applied retroactively to cases arising prior to the effectivity of repatriation pursuant to said decree is retroactive.
the statute.
c De astro v. an
c Held: what has been given retroactive effect in rivaldo is not only the law
itself but also Phil. Citizenship re-acquired pursuant to said law to the date of
application for repatriation, which meant that his lack of ilipino citizenship at
ba
. ca u a c. the time he registered as a voter, one of the qualification is as a governor, or
c Where at the time action is filed in court the latter has no jurisdiction over the at the time he filed his certificate of candidacy for governorship, one of the
subject matter but a subsequent statute clothes it with jurisdiction before the qualification is as a governor, was cured by the retroactive application of his
pending proceedings and cures the defect of lack of jurisdiction of the court at epublic v. tencio
the commencement of the action. c Curative statute: one which confirms, refines and validate the sale or transfer
of a public land awarded to a grantee, which a prior law prohibits its sale
within a certain period & otherwise invalid transaction under the old law.
Oegarda v. asaganda
c Where a curative statute is enacted after the court has rendered judgment, unicipalit of an arciso, Quezon v. endez
which judgment is naturally void as the court has at the time no jurisdiction c Statute: Sec. 442(d) of the Local Government Code of 1991, provides that
over the subject of the action, the enactment of the statute conferring municipal districts organized pursuant to presidential issuances or executive
jurisdiction to the court does not validate the void judgment for the legislature orders & which have their respective sets of elective municipal officials holding
c
at the time of the effectivity of the code shall henceforth be considered as a Pc pw r gsas
regular municipalities c as a rule, statutes which are enacted in the exercise of police power to
c This is a curative statute as it validates the creation of municipalities by EO regulate certain activities, are applicable not only to those activities or
which had been held to be an invalid usurpation of legislative power. transactions coming into being after their passage, but also to those already in
existence
c Issue: Where there is doubt as to whether government agency under the then mus y d h gma x rcs f pw r, by h gsaur , pr scrb
existing law, has the authority to enter intoa negotiated contract for the r guas prm h h ah, mras, p ac , duca, gd rd r,
construction of a government project under the build-lease-and transfer saf y ad g ra w far f h p p
scheme c Any right acquired under a statute or under a contract is subject to the
c Held: The subsequent enactment of a statute which recognizes direct condition that it may be impaired by the state in the legitimate exercise of its
negotiation of contracts under such arrangement is a curative statute. police power, since the reservation of the essential attributes of sovereign
c As all doubts and procedural lapses that might have attended the negotiated power is deemed read into every statute or contract as a postulate of the legal
c remedial statutes will not be given retroactive effect if to do so would impair c General rule: a statute relating to prescription of action, being procedural in
the obligations of contract or disturb vested rights nature, applies to all actions filed after its effectivity. In other words, such a
c only administrative or curative features of the statute as will not adversely statute is both:
affect existing rights will be given retroactive operation Àc prospective in the sense that it applies to causes that accrued and
c the exception to the foregoing limitations of the rule is a remedial or curative will accrue after it took effect, and
statute which is enacted as a police power measure Àc retroactive in the sense that it applies to causes that accrued before
c Statutes of this type may be given retroactive effect even though they impair its passage
vested rights or the obligations of contract, if the legislative intent is to give c However, a statute of limitations will not be given retroactive operation to
them retrospective operation causes of action that accrued prior to its enactment if to do so will remove a
c aa : Th csua r src agas mparm agas bgas bar of limitation which has become complete or disturb existing claims without
f crac r v s d rghs d s pr cud h gsaur frm acg allowing a reasonable time to bring actions thereon
agrampa v. agrampa
c
c Statute: Art. 1116 of the Civil Code: ¥prescription already running before the o
ertime comensation) under this Act shall be commenced within 3 years
effectivity of this Code shall be governed by laws previously in force; but if after such cause of action accrued, otherwise it shall be fore
er barred.
since the time this Code took effect the entire period herein required for ro
ided, howe
er, that actions already commenced before the effecti
e day
prescription should elapse, the present Code shall be applicable even though of this Act shall not be affected by the eriod herein rescribed.
by the former laws a longer period might be required.¦ c As statute shortened the period of prescription from 6 to 3 yrs. from the date
c Held: The provision is retroactive since it applied to a cause that accrued prior the cause of action accrued, it was contended that to give retroactive effect
to its effectivity which when filed has prescribed under the new Civil Code would impair vested rights since it would operate to preclude the prosecution
even though the period of prescription prescribed under the old law has not of claims that accrued more than 3 but less than 6 yrs.
ended at the time the action is filed in court c Held: a statute of limitations is procedural in nature and no vested right can
c The fact that the legislature has indicated that the statute relating to attach thereto or arise therefrom.
prescription should be given retroactive effect will not warrant giving it if it will c When the legislature provided that ¥actions already commenced before the
impair vested rights effectivity of this Act shall not be affected by the period herein prescribed,¦ it
c Statute of limitations prescribing a longer period to file an action than that intended to apply the statute to all existing actions filed after the effectivity of
specified under the law may not be construed as having retroactive the law.
application if it will revive the cause that already prescribed under the old c Because the statute shortened the period within which to bring an action & in
statute for it will impair vested rights against whom the cause is asserted. order to violate the constitutional mandate, claimants are injuriously affected
c Statute which shorten the period of prescription & requires that causes which should have a reasonable period of 1 yr. from time new statute took effect
accrued prior to its effectivity be prosecuted or filed not later than a specific within which to sue on such claims.
date may not be construed to apply to existing causes which pursuant to the
old law under which they accrued, will not prescribe until a much longer period orales v. mployee¨s ompensation ommission
than that specified in the later enactment because the right to bring an action c Same issue on Billones but Court arrived at a different conclusion.
is founded on law which has become vested before the passage of the new c Issue: Whether a claim for workmen¨s compensation which accrued under the
statute of limitations old Workmen¨s Compensation Act (WCA) but filed under after March 31, 1975
is barred by the provision of the New Labor Code which repealed the WCA.
Apparently conflicting decisions on prescription c WCA requires that ¥workmen¨s compensation claims accruing prior to the
effectivity of this Code shall be filed with the appropriate regional offices of the
illones v. Department of Labor not later than March 31, 1975, otherwise shall be barred
c Issue: whether Sec. 7A of Common wealth Act 144, amended by RA 1993, to forever.¦
the effect that ¥any action to enforce an cause (i.e. non ayment of waes or
c
c Held: Provision doesn¨t apply to workmen¨s compensation that accrued before c General rule: laws on prescription of actions apply as well to crimes committed
Labor Code took effect, even if claims were not filed not later than March 31, before the enactment as afterwards. There is, however, a distinction between
1975. a statute of limitations in criminal actions and that of limitations in civil suits, as
c aa : pr scrpv p rd fr cams whch accru d ud r WCA as regards their construction.
am d d 10 yrs. whch s ¥a rgh fud sau ¦ & h c a v s d rgh, c In CIXIL SUIT- statute is enacted by the legislature as an impartial arbiter,
ha ca b mpar d by h r racv appca f h Labr Cd . between two contending parties. In the construction of such statute, there is
c CRIMINAL CASES: the state is the grantor, surrendering by act of grace its
prosecution after the prescriptive period. Such statutes are not only liberally
Wh Cur sad ha such rgh brg Cur csd r d h rgh prs cu construed but are applied retroactively if favorable to the accused.
v s d rgh, dd say ha h aw as fud d aw & a v s d Statutes relating to appeals
rgh s pr c d by h du rgh. c The right to appeal from an adverse judgment, other than that which the
prc ss caus f h Csu. Constitution grants, is statutory and may be restricted or taken away
Fr BOTH cas s: I svg hw pending actions in which no judgment has yet been promulgated at the time
saf guard h rgh brg ac Cur csru d h sau f mas the statute took effect.
whs pr scrpv p rd su as appcab h ac ha c Such statute, like other statutes, may not however be construed retroactively
has b shr d by aw? accru d b fr h aw k ff c. so as to impair vested rights. Hence, a statute which eliminates the right to
Gav h camas whs rghs hav (I s g ray h d ha h cur has appeal and considers the judgment rendered in a case final and
b aff c d, y ar frm h da pw r r ad h aw sm hg unappealable, destroys the right to appeal a decision rendered after the
h aw k ff c wh whch su whch h aw s f dd prvd statute went into effect, but NOT the right to prosecute an appeal that has
h r cams. xpr ssy r mp dy. Cra s cas been perfected before the passage of the law, for in the latter case, the right
s ms b frm r gruds. of the appellant to appeal has become vested under the old law and may not
c
c Stature shortening the period for taking appeals is to be given prospective c The amendment of a statute is effected by the enactment of an amendatory
effect and may not be applies to pending proceedings in which judgment has act modifying or altering some provisions of a statute either expressly or
already been rendered at the time of its enactment except if there¨s clear impliedly.
legislative intent. c Express amendment £ done by providing in the amendatory act that specific
c Where a statute shortened the period for taking appeals form thirty days to
fifteen days from notice of judgment, an appeal taken within thirty days but -c Amendment by implication
beyond fifteen days from notice of judgment promulgated before the statute c Every statute should be harmonized with other laws on the same subject, in
CHAPTER TEN: Amendment, Revision, Codification and Repeal statement in the later act that any provision of law that is inconsistent
AMENDMENT c Implied Amendment- when a part of a prior statute embracing the same
subject as the later may not be enforced without nullifying the pertinent
-c Power to Amend provision of the latter in which event, the prior act is deemed amended or
c The legislature has the authority to amend, subject to constitutional modified to the extent of repugnancy.
c Authority to amend is part of the legislative power to enact, alter and repeal Quimpo v. endoza
laws. c Where a statute which requires that the annual realty tax on lands or
c The SC in the exercise of its rule-making power or of its power to interpret the buildings be paid on or before the specified date, subject to penalty of a
law, has no authority to amend or change the law, such authority being the percentage of the whole amount of tax in case of delayed payment, is
exclusive to the legislature. amended by authorizing payment of the tax in four equal installments to
-c How amendment effected c The penalty provision of the earlier statute is modified by implication that
c Amendment £ the change or modification, by deletion, alteration, of a statute the penalty for late payment of an installment under the later law will be
which survives in its amended form. collected and computed only on the installment that became due and
unpaid, and not on the whole amount of annual tax as provided in the old
statute.
c
c Legislative intent to change the basis is clear when the later law allowed c Where a statute which provides that it shall be in force for a period of four
payment in four installments. years after its approval, the four years is to be counted from the date the
original statute was approved and not from the date the amendatory act
c A statute punishing an act which is also a crime under the RPC provides
a penalty as prescribed in the said Code, such statute is not a special law
c 15 days following its publication in the Official Gazette or newspaper of c An amended act should be given a construction different from the law prior to
general circulation, unless a date is specified therein after such publication. its amendment, for its is presumed that the legislature would not have
-c How amendment is construed, generally c Prior to the introduction of the amendment, the statute had a different meaning
c Statute and amendment £ read as a whole which the amendment changed in all the particulars touching which a material
c Amendment act is ordinarily construed as if the original statute has been change in the language of the later act exists.
repealed and a new independent act in the amended form had been adopted. c Deliberate selection of language in the amendatory act different from that of
c Amended act is regarded as if the statute has been originally enacted in it the original act indicates that the legislature intended a change in the law or in
c Read in a connection with other sections as if all had been enacted in the
c Where an amendment leaves certain portions of an act unchanged, such c A statutory definition of term containing a general rule and an exception
portions are continued in force, with the same meaning and effect they have thereto is amended by eliminating the exception, the legislative intent is
before the amendment. clear that the term should now include the exception within the scope of
c Where an amendatory act provides that an existing statute shall be amended the general rule.
to read as recited in the amendatory act, such portions of the existing law as
strada v. aseda land registration proceedings, except in cases where the value of the land
c
means that the statute as amended now requires payment of the
c Suppression of the excepting clause amount to the withdrawal of the -c Effect of amendment on jurisdiction
exemption allowed under the original act. c Jurisdiction of a court to try cases is determined by the law in force at the time
c Jurisdiction remains with the court until the case is finally decided therein.
c An amendment will not be construed as having a retroactive effect, unless the c Absence of a clear legislative intent to the contrary, a subsequent statute
contrary is provided or the legislative intent to give it a retroactive effect is amending a prior act with the effect of divesting the court of jurisdiction
necessarily implied from the language used and only if no vested right is may not be construed to operate but to oust jurisdiction that has already
buraan v. Oabes
mperial v. ollector of nternal evenue c Where a court originally obtains and exercises jurisdiction pursuant to an
c A statute amending a tax law is silent as to whether it operates existing law, such jurisdiction will not be overturned and impaired by the
retroactively, the amendment will not be giving retroactive effect so as to subsequent amendment of the law, unless express prohibitory words or
subject to tax past transactions not subject to tax under the original act. words of similar import are used.
c PD 1691 and 1391 vested Labor Arbiters with original and exclusive
-c Effect of Amendment on Xested Rights jurisdiction over all cases involving employer-employee relations, including
c After a statute is amended, the original act continues to be in force with regard money claims arising out of any law or contract involving Filipino workers
to all rights that had accrued prior to the amendment or to obligations that for overseas employment
were contracted under the prior act and such rights and obligations will c Facts: An overseas worker filed a money claim against his recruiter, and
continue to be governed by the law before its amendment. while the case is pending, EO 797 was enacted, which vested POEA with
c Not applied retroactively so as to nullify such rights. original and exclusive jurisdiction over all cases, including money claims,
c
arising out of law or contract involving Filipino workers for overseas c Purpose: to restate the existing laws into one statute and simply complicated
employment. provisions, and make the laws on the subject easily found.
c Issue: whether the decision of the labor arbiter in favor of the overseas -c Construction to harmonize different provisions
worker was invalid c Presumption: author has maintained a consisted philosophy or position.
c Held: the court sustained the validity of the decision and ruled that the c The different provisions of a revised statute or code should be read and
labor arbiter still had the authority to decide the cease because EO 797b construed together.
did not divest the labor arbiter his authority to hear and decide the case c Rule: a code enacted as a single, comprehensive statute, and is to be
filed by the overseas worker prior to its effectivity. considered as such and not as a series of disconnected articles or provisions.
the time of the commencement of the action; laws should only be applied Oichauco & o. v. postol
prospectively unless the legislative intent to give them retroactive effect is c A irreconcilable conflict between parts of a revised statute or a code, that
expressly declared or is necessarily implied from the language used. which is best in accord with the general plan or, in the absence of
-c Effect of nullity of prior or amendatory act position, being the latest expression of legislative will, will prevail.
c Where a statute which has been amended is invalid, nothing in effect has
c The amendatory act, complete by itself, will be considered as an original or c all laws and provisions of the old laws that are omitted in the revised statute or
independent act. code are deemed repealed, unless the statute or code provides otherwise
c Reason: revision or codification is, by its very nature and purpose, intended to
uo
ernment
. goncillo be a complete enactment on the subject and an expression of the whole law
c Where the amendatory act is declared unconstitutional, it is as if the thereon, which thereby indicates intent on the part of the legislature to
amendment did not exist, and the original statute before the attempted abrogate those provisions of the old laws that are not reproduced in the
c Possible only if the revised statute or code was intended to cover the whole
REXISION AND CODIFICATION c Rule: a subsequent statute is deemed to repeal a prior law if the former
-c Generally
c
c When both intent and scope clearly evince the idea of a repeal, then all parts c The whereas clause is the intent to cover only those aspects of government
and provision of the prior act that are omitted from the revised act are deemed that pertain to administration, organization and procedure, and understandably
repealed. because of the many changes that transpired in the government structure
hospitalization expenses pursuant to Section 699 of the Revised c It is a well settled rule that in the revision or codification of statutes, neither an
Administration Code of 1917, which authorizes the head of office to case alteration in phraseology nor the admission or addition of words in the later
a reimbursement of payment of medical and hospital expenses of a statute shall be held necessarily to alter the construction of the former acts.
government official in case of sickness or injury caused by or connected c Words which do not materially affect the sense will be omitted from the statute
directly with the performance of his official duty. as incorporated in the revise statute or code, or that some general idea will be
c CoA denied the claim on the ground that AC of 1987 which revised the expressed in brief phrases.
old AC, repealed Sec. 699 because it was omitted the revised code. c If there has been a material change or omission, which clearly indicates an
c SC ruled that the legislature did not intend, in enacting the new Code, to intent to depart from the previous construction of the old laws, then such
repeal Sec. 699 of the old code. construction as will effectuate such intent will be adopted.
inconsistent with this Code are hereby repealed or modified accordingly.¦ -c Continuation of existing laws.
c New code did not expressly repeal the old as the new Code fails to c A codification should be construed as the continuation of the existing statutes.
identify or designate the act to be repealed. c The codifiers did not intend to change the law as it formerly existed.
c Two categories of repeal by implication c The rearrangement of sections or parts of a statute, or the placing of portions
c Provisions in the two acts on the same subject matter that are in of what formerly was a single section in seprate sections, does not operate to
irreconcilable conflict. change the operation, effect of meaning of the statute, unless the changes are
ëc Later act to the extent of the conflict constitutes an implied repeal of of such nature as to manifest clearly and unmistakably a legislative intent to
c If the later act covers the whole subject of the earlier one and is clearly
sickness benefits because the provision has not been restated in the New -c Power to repeal
c
c The legislature cannot in and of itself enact irrepealable laws or limit its future c Two categories of repeals by implication
legislative acts. c Where provisions in the two acts on the same subject matter are in an
irreconcilable conflict and the later act to the extent of the conflict
c Repeal: total or partial, express or implied c If the later act covers the whole subject of the earlier one and is clearly
c Total repeal £ revoked completely intended as a substitute, it will operate similarly as a repeal of the earlier
c Partial repeal £ leaves the unaffected portions of the statute in force. act.
c All other repeals are implied repeals. c Implied repeal brought about by irreconcilable repugnancy between two laws
c Failure to add a specific repealing clause indicates that the intent was not to takes place when the two statutes cover the same subject matter; they are so
repeal any existing law, unless an irreconcilable inconsistency and clearly inconsistent and incompatible with each other that they cannot be
repugnancy exist in the terms of the new and old laws, latter situation falls reconciled or harmonized and both cannot be given effect, once cannot be
under the category of an implied repeal. enforced without nullifying the other.
c Repealed only by the enactment of subsequent laws. c Implied repeal £ earlier and later statutes should embrace the same subject
c The change in the condition and circumstances after the passage of a law and have the same object.
which is necessitated the enactment of a statute to overcome the difficulties c In order to effect a repeal by implication, the later statute must be so
brought about by such change does not operate to repeal the prior law, nor irreconcilably inconsistent and repugnant with the existing law that they cannot
make the later statute so inconsistent with the prior act as to repeal it. be made to reconcile and stand together.
c It is necessary before such repeal is deemed to exist that is be shown that the
-c Repeal by implication statutes or statutory provisions deal with the same subject matter and that the
c Where a statute of later date clearly reveals an intention on the part of the latter be inconsistent with the former.
legislature to abrogate a prior act on the subject, that intention must be given c the fact that the terms of an earlier and later provisions of law differ is not
c There must be a sufficient revelation of the legislative intent to repeal. the former.
c Intention to repeal must be clear and manifest gu etas v. ourt of ppeals
c General rule: the latter act is to be construed as a continuation not a c Fact that Sec 28 of RA 7166 pertaining to canvassing by boards of
substitute for the first act so far as the two acts are the same, from the time of canvassers is silent as to how the board of canvassers shall prepare the
the first enactment. certificate of canvass and as to what will be its basis, w/c details are
c
provided in the second paragraph of Sec231 of the Omnibus Election ca
. u
Code, an earlier statute, ¥respective boards of canvassers shall prepare c Issue: whether Sec. 699 of the Revised Administrative Code has been
a certificate of canvass duly signed and affixed with the imprint of the repealed by the 1987 Administrative Code.
thumb of the right hand of each member, supported by a statement of the c 1987 Administration Code provides that: ¥All laws, decrees, orders, rules
votes and received by each candidate in each polling place and on the and regulations, or portions thereof, inconsistent with this code are
basis thereof shall proclaim as elected the candidates who obtained the hereby repealed or modified accordingly
highest number of votes coast in the provinces, city, municipality or c Court ruled that the new Code did not repeal Sec 699:
barangay, and failure to comply with this requirement shall constitute an ëc Implied repeal by irreconcilable inconsistency takes place when two
election offense¦ statutes cover the same subject matter, they are so clearly
c Did not impliedly repeal the second paragraph of Sec 231 of OEC and inconsistent and incompatible with each other that they cannot be
render the failure to comply with the requirement no longer an election reconciled or harmonized, and both cannot be given effect, that one
ëc The new Code does not cover not attempt to the cover the entire
c Irreconcilable inconsistency between to laws embracing the same subject may subject matter of the old Code.
also exist when the later law nullifies the reason or purpose of the earlier act, ëc There are several matters treated in the old Code that are not found
so that the latter law loses all meaning and function. in the new Code. (provisions on notary public; leave law, public
c A prior law is impliedly repealed by a later act where the reason for the ëc CoA failed to demonstrate that the provisions of the two Codes on
earlier act is beyond peradventure removed. the matter of the subject claim are in an irreconcilable conflict.
c Repeal by implication £ based on the cardinal rule that in the science of the nature being claimed by petitioner has not been restated in old
jurisprudence, two inconsistent laws on the same subject cannot co-exist in Code.
c There cannot be two conflicting law on the same subject. Either reconciled or ëc The fact that a later enactment may relate to the same subject
later repeals prior law. matter as that of an earlier statute is not of itself sufficient to cause
c O caa aba (a la law al h an implied repeal of the prior act new statute may merely be
law h ubj c whch ua h ) cumulative or a continuation of the old one.
c
ëc Second Category: possible only if the revised statute or code was ëc RA 7160 covers almost all governmental functions delegated to local
intended to cover the whole subject to be a complete and perfect government units all over the country.
system in itself. ëc PD 921 embraces only Metropolitan Manila Area and is limited to the
Dc Rule: a subsequent is deemed to repeal a prior law if the former administration of financial services therein.
revises the whole subject matter of the former statute. ëc Sec.9 PD921 requires that the schedule of values of real properties
ëc When both intent and scope clearly evince the idea of a repeal, then in the Metropolitan Manila Area shall be prepared jointly by the city
all parts and provisions of the prior act that are omitted from the assessors states that the schedules shall be prepared by the
revised act are deemed repealed. provincial, city and municipal assessors of the municipalities within
ëc Before there can be an implied repeal under this category, it must be Metropolitan Manila Area for the different classes of real property
the clear intent of the legislature that later act be the substitute of the situated in their respective local government units for enactment by
the intent to cover only those aspects of government that pertain to Hagad v. uozoDadole
administration, organization and procedure, understandably because c Sec.19 RA 6670, the Ombudsman Act grants disciplinary authority to the
of the many changes that transpired in the government structure Ombudsman to discipline elective and appointive officials, except those
since the enactment of RAC. impeachable officers, has been repealed, RA 7160, the Local
ëc Repeals of statutes by implication are not favored. Presumption is Government Code, insofar as local elective officials in the various officials
against the inconsistency and repugnancy for the legislature is therein named.
presumed to know the existing laws on the subject and not to have c Held: both laws should be given effect because there is nothing in the
enacted inconsistent or conflicting statutes. Local Government Code to indicate that it has repealed, whether
expressly or impliedly.
y v. rampe ëc The two statutes on the specific matter in question are not so
c Issue: whether PD 921 on real estate taxes has been repealed impliedly inconsistent, let alone irreconcilable, as to compel us to uphold one
by RA 7160, otherwise know as the Local Government Code of 1991 on and strike down the other.
the same subject. ëc Two laws must be incompatible, and a clear finding thereof must
c Held: that there has been no implied repeal surface, before the inference of implied repeal may be drawn.
c Court: it is clear that the two law are not coextensive and mutually ëc a cca b , a
c
ëc the legislature should be presumed to have known the existing laws ëc Sec 3(a) provides: ¥no increase in tuition or other school fees or
on the subject and not to have enacted conflicting statutes. charges shall be approved unless 60% of the proceed is allocated to
nitia, Jr v. o ëc BP 232: ¥each private school shall determine its rate of tuition and
c implied repeal will not be decreed unless there is an irreconcilable other school fees or charges. The rates or charges adopted by
inconsistency between two provisions or laws is RA 7354 in relation to PD schools pursuant to this provision shall be collectible, and their
ëc RA 7354 £ in part of the Postmaster General, subject to the approval promulgated by the Ministry of Education, Culture and Sports.¦
of the Board of Directors of the Philippines Postal Corporation, shall c Issue: whether Sec. 42 of BP 232 impliedly repealed Sec. 3(a) of PD 451
have the power to ¥determine the staffing pattern and the number of c Held: there was implied repeal because there are irreconcilable
personnel, define their duties and responsibilities, and fix their differences between the two laws.
ëc Sec.6 PD 1597 £ ¥ exemptions notwithstanding, agencies shall report c Revised statute is in effect a legislative declaration that whatever is embraced
to the President, through the Budget Commission, on their position in the new statute shall prevail and whatever is excluded there from shall be
related details following such specifications as may be prescribed by c Must be intended to cover the whole subject to be a complete and perfect
the President.¦ system in itself in order that the prior statutes or part thereof which are not
c Issue: whether Sec6 of PD1597, the two laws being reconcilable. repeated in the new statute will be deemed impliedly repealed.
c While the Philippine Postal Corporation is allowed to fix its own personnel
system, and the role of DBM is merely to ensure that the action taken by eople v. enuya
the board of directors complies the requirements of the law. c Where a statute is revised or a series of legislative acts on the same
subject are revised or consolidated into one, covering the entire field of
c Sec. 3(a) PD 451 and Sec. 42 of BP 232 illustrates repeal by implication. ëc that are omitted from the revised act are deemed repealed.
Joaq i v. avarro
c
c Where a new statute is intended to furnish the exclusive rule on a certain Procedure, which provides in Sec. 3 Rule 41 thereof, that appeal from
subject, it repeals by implication the old law on the same subject, judgment or final order shall be taken within 15 days from receipt thereof,
c Where a new statute covers the whole subject matter of an old law and in view of the fact that the Sec. 18 was repealed, in accordance with the
adds new provisions and makes changes, and where such law, whether it well-settled rule of statutory construction that provisions of an old law that
be in the form of an amendment or otherwise, is evidently intended to be were not reproduced in the revision thereof covering the same subject
a revision of the old act, it repeals the old act by implication. are deemed repealed and discarded
c Held: SC in this case to abrogate those provisions of the old laws that are
c Sec 39 of ATC (RA 1199) ¥it shall be unlawful for either the tenant or c Where a statute is a reenactment of the whole subject in substitution of the
landlord without mutual consent, to reap or thresh a portion of the crop at previous laws on the matter, the latter disappears entirely and what is omitted
any time previous to the date set, for its threshing.¦ in the reenacted law is deemed repealed.
Agricultural Land Reform Code superseded the Agricultural Tenancy Act, arras v. Oand eistration ommission
abolished share tenancy, was not reproduced in the Agricultural Land c Where a law amends a specific section of a prior act by providing that the
Reform Code. same is amended so as to read as follows, which then quotes the
c The effect of such non-reenactment is a repeal of Section 39. amended provision, what is not included in the reenactment is deemed
c It is a rule of legal hermeneutics that an act which purports to set out in repealed.
full all that it intends to contain, operates as a repeal of anything omitted c The new statute is a substitute for the original section and all matters in
which was contained in the old act and not included in the act as revised. the section that are omitted in the amendment are considered repealed.
c The most powerful implication of repeal is that which arises when the later of
un hin Hui v. odriuez c There is a clear distinction between affirmative and negative statutes in regard
c Issue: whether Sec.18 Rule 41 of the pre-1007 Rules of Court, which to their repealing effects upon prior legislation.
provided the appeal in habeas corpus cases to be taken within 48 hours c Affirmative statute does not impliedly repeal the prior law unless an
from notice of judgment, has been replaced by the 1997 Rules of Civil intention to effect a repeal is manifest,
c
c A negative statute repeals all conflicting provisions unless the contrary c Legislature is presumed to know the existing law so that if repeal of
intention is disclosed. particular or specific law or laws is intended, the proper step is to so
c Legislative intent to repeal is also shown where it enacts something in general express it.
term and afterwards it passes another on the same subject, which though
c The subsequent statute will usually be considered as repealing by c ¥such a clause repeals nothing that would not be equally repealed without
implication the former regarding the matter covered by the subsequent it.
act. c Either with or without it, the real question to be determined is whether the
c The express repeal of a provision of law from which an executive official new statute is in fundamental and irreconcilable conflict with the prior
derives his authority to enforce another provision of the same law operates to statute on the subject.
repeal by implication the latter and to deprive the official of the authority to c Significance of the repealing clause: the presence of such general repealing
enforce it. clause in a later statute clearly indicates the legislative intent to repeal all prior
c The enactment of a statute on a subject, whose purpose or object is inconsistent laws on the subject matter whether or not the prior law is a
diametrically opposed to that of an earlier law on the same subject which special law.
thereby deprives it of its reason for being, operates to repeal by implication c A later general law will ordinarily not repeal a prior special law on the
the prior law, even though the provisions of both laws are not inconsistent. same subject, as the latter is generally regarded as an exception to the
former.
-c ¥All laws or parts thereof which are inconsistent with this Act are hereby repealed c With such clause contained in the subsequent general law, the prior
or modified accordingly,¦ construed. special law will be deemed repealed, as the clause is a clear legislative
act or acts that are intended to be repealed. -c Repeal by implication not favored
c A clause, which predicates the intended repeal upon the condition that a c Presumption is against inconsistency or repugnancy and, accordingly, against
substantial conflict must be found on existing and prior acts of the same implied repeal
subject matter. c Legislature is presumed to know the existing laws on the subject and not to
c The presumption against implied repeal and the rule on strict construction have enacted inconsistent or conflicting statutes.
regarding implied repeal apply ex proprio vigore. c A construction which in effect will repeal a statute altogether should, if
possible, be rejected.
c
c In case of doubt as to whether a later statute has impliedly repealed a prior credits, as well as judgments relating to such load or forbearance of
law on the same subject, the doubt should be resolved against implied repeal. money, goods, or credits, the Central Bank Circular applies.
A v. alacio with any delay in the performance of an obligation other than those
c Repeals by implication are not favored, and will not be decreed unless it involving loan or forbearance of money, goods or credits, Art 2209 of the
c As laws are presumed to be passed with deliberation and with full c Courts are slow to hold that one statute has repealed another by implication
knowledge of all existing ones on the subject and they will not make such adjudication if they can refrain from doing so, or if
c It is but reasonable to conclude that in passing a statute it was not they can arrive at another result by any construction which is just and
intended to interfere with or abrogate any former law relating to some reasonable.
matter c Courts will not enlarge the meaning of one act in order to decide that is
c Unless the repugnancy between the two is not only irreconcilable, but repeals another by implication, nor will they adopt an interpretation leading to
also clear and convincing, and flowing necessarily form the language an adjudication of repeal by implication unless it is inevitable and a clear and
used, the later act fully embraces the subject matter of the earlier, or explicit reason thereof can be adduced.
unless the reason for the earlier act is beyond peradventure removed.
c Every effort must be used to make all acts stand and if, by any -c As between two laws, one passed later prevails
reasonable construction, they can be reconciled, the later act will not c O caa aba (la au al
c Applies even if the later act is made to take effect ahead of the earlier
c Illustrates the application of the principle that repeal or amendment by c As between two acts, the one passed later and going into effect earlier will
implication is not favored. prevail over one passed earlier and going into effect later.
c Held: in answering the issue in the negative, the court ruled that repeals anila rading & ppl o. v. hil. Oabor Anion
or even amendments by implication are not favored if two laws can be c an act passed April 16th and in force April 21st was held to prevail over an
th th
fairly reconciled. The statutes contemplate different situations and apply act passed April 9 and in effect July 4 of the same year.
to different transactions involving loan or forbearance of money, goods or c And an act going into effect immediately has been held to prevail over an
c
c Whenever two statutes of different dates and of contrary tenor are of equal -c General law does not repeal special law, generally
theoretical application to a particular case, the statute of later date must c A general law on a subject does not operate to repeal a prior special law on
prevail, being a later expression of legislative will. the same subject, unless it clearly appears that the legislature has intended
by the later general act to modify or repeal the earlier special law.
hilippine ational an v. ruz c Presumption against implied repeal is stronger when of two laws, one is
c As between the order of preference of credit set forth in Articles 2241 to special and the other general and this applies even though the terms of the
2245 of the CC and that of Article 110 of the Labor Code, giving first general act are broad enough to include the matter covered by the special
preference to unpaid wages and other monetary claims of labor, the statute.
former must yield to the latter, being the law of the later enactment. c u aa cab a £ a a aw fy a cfc
c The later law repeals an earlier one because it is the later legislative will. ca aw
c Presumption: the lawmakers knew the older law and intended to change c The legislature considers and makes provision for all the circumstances of the
c In enacting the older law, the legislators could not have known the newer c Reason why a special law prevails over a general law: the legislature
one and could not have intended to change what they did not know. considers and makes provision for all the circumstances of the particular case.
c CC: laws are repealed only by subsequent ones, not the other way c General and special laws are read and construed together, and that
Da
d
. CV OC c General law yields to the special law in the specific law in the specific and
c Sec. 1 of RA 6679 provides that the term of barangay officials who were particular subject embraced in the latter.
to be elected on the second Monday of May 1994 is 5 years c Applies irrespective of the date of passage of the special law.
c The later act RA 7160 Sec 43 (c) states that the term of office of
nd
barangay officials who were to be elected also on the 2 Monday of May -c Application of rule
1994 is 3 years.
c There being a clear inconsistency between the two laws, the later law to. Do ino
. De lo Anele
fixing the term barangay officials at 3 years shall prevail. c The court invariably ruled that the special law is not impliedly repealed
c
VV
. ca
c Issue: whether Sec. 2 of Com. Act 120 creating the NAPOCOR, a Philippine Railway Co. v. Collector of nternal Revenue
government-owned corporation, and empowering it ¥to sell electric power c PRC was granted a legislative franchise to operate a railway line
and to fix the rates and provide for the collection of the charges for any pursuant to Act No. 1497 Sec. 13 which read: ¥In consideration of the
services rendered: Provided, the rates of charges shall not be subject to premises and of the operation of this concession or franchise, there shall
revision by the Public Service Act has been repealed by RA 2677 be paid by the grantee to the Philippine Government, annually, xxx an
amending the Public Service Act and granting the Public Service amount equal to one-half of one per centum of the gross earnings of the
Commission the jurisdiction to fix the rate of charges of public utilities grantee xxx.¦
owned or operated by the government or government-owned c Sec 259 of Internal Revenue Code, as amended by RA 39, provides that
corporations. ¥there shall be collected in respect to all existing and future franchises,
c Held: a special law, like Com. Act 120, providing for a particular case or upon the gross earnings or receipts from the business covered by the law
class of cases, is not repealed by a subsequent statute, general in its granting a franchise tax of 5% of such taxes, charges, and percentages
terms, like RA 2677, although the general statute are broad enough to as are specified in the special charters of the corporation upon whom suc
include the cases embraced in the special law, in the absence of a clear franchises are conferred, whichever is higher, unless the provisions
c There appears no such legislative intent to repeal or abrogate the c Issue: whether Section 259 of the Tax Code has repealed Section 13 of
provisions of the earlier law. Act 1497, stand upon a different footing from general laws.
c The explanatory note to House Bill 4030 the later became RA 2677, it c Once granted, a charter becomes a private contract and cannot be
was explicit that the jurisdiction conferred upon the Republic Service altered nor amended except by consent of all concerned, unless the right
Commission over the public utilities operated by government-owned or to alter or repeal is expressly reserved.
controlled corporations is to be confined to the fixing of rates of such c Reason: the legislature, in passing a special charter, has its attention
public services directed to the special facts and circumstances in the particular case in
c The harnessing and then distribution and sale of electric power to the granting a special charter, for it will not be considered that the legislature,
consuming public, the contingency intended to be met by the legal by adopting a general law containing the provisions repugnant to the
provision under consideration would not exist. provisions of the charter, and without any mention of its intention to
c The authority of the Public Service Commission under RA 2677 over the amend or modify the charter, intended to amend, repeal or modify the
fixing of rate of charges of public utilities owned or operated by GOCC¨s special act.
can only be exercised where the charter of the government corporation c The purpose of respecting the tax rates incorporated in the charters, as
concerned does not contain any provision to the contrary. shown by the clause.
c
c A city charter giving real estate owner a period of one year within which
OO
. to redeem a property sold by the city for nonpayment of realty tax from
c Issue: which agency of the government, LLDA or the towns and the date of such auction sale, being a special law, prevails over a general
municipalities compromising the region should exercise jurisdiction over law granting landowners a period of two years to make the redemption.
the Laguna Lake and its environs insofar as the issuance of permits for
c The LLDA statute specifically provides that the LLDA shall have exclusive c The Civil Service law on the procedure for the suspension or removal of
jurisdiction to issue permits for the use of all surface water for any civil service employees does not apply with respect to the suspension or
projects in or affecting the said region, including the operation of fish removal of members of the local police force.
pens.
c RA 7160 the LGC of 1991 grants the municipalities the exclusive -c When special or general law repeals the other.
authority to grant fishery privileges in municipal waters. c There is always a partial repeal where the later act is a special law.
c Held: two laws should be harmonized, and that the LLA statute, being a
intent.
uarcia
. ascual c Intent to repeal may be shown in the act itself the explanatory note to the
c Clerks of courts municipal courts shall be appointed by the municipal bill before its passage into law, the discussions on the floor of the
judge at the expense of the municipality and where a later law was legislature,
enacted providing that employees whose salaries are paid out of the
municipal funds shall be appointed by the municipal mayor, the later law c Intent to repeal the earlier special law where the later general act provides
cannot be said to have repealed the prior law as to vest in the municipal that all laws or parts thereof which are inconsistent therewith are repealed or
mayor the power to appoint municipal cleck of court, as the subsequent modified accordingly
law should be construed to comprehend only subordinate officials of the c If the intention to repeal the special law is clear, then the rule that the special
municipality and not those of the judiciary. law will be considered as an exception to the general law does not apply; what
applies is the rule that the special law is deemed impliedly repealed.
uordon v. C c A general law cannot be construed to have repealed a special law by mere
c
c The last statute is so broad in its terms and so clear and explicit in its
u
a ab
. words so as to show that it was intended to cover the whole subject and
c Sec. 1 PD 551 provides that any provision of law or local ordinance to the therefore to displace the prior statute.
generate, distribute, and sell electric current for light, heat, and power aatsin v. amirez
shall be 25 of their gross receipts. c A charter of a city, which is a special law, may be impliedly modified or
c Sec. 137 of the LGC states: Notwithstanding any exemption granted by superseded by a later statute, and where a statute is controlling, it must
any law or other special law, the province may impose a tax on business be read into the charter, notwithstanding any of its particular provisions.
enjoying a franchise at a rate not exceeding 50% of 1% of the gross c A subsequent general law similarly applicable to all cities prevails over
annul receipts. any conflicting charter provision, for the reason that a charter must not be
c Held: the phrase is all-encompassing and clear that the legislature inconsistent with the general laws and public policy of the state.
intended to withdraw all tax exemptions enjoyed by franchise holders and c Statute remains supreme in all matters not purely local.
this intent is made more manifest by Sec. 193 of the Code, when it c A charter must yield to the constitution and general laws of the state.
water districts, cooperatives, and non-stock and non-profit hospitals and hiliine nternational rading or
. oA
educational institutions, are withdrawn upon the effectivity of the Code. c CoA contended that the PITC charter had been impliedly repealed by the
Sec. 16 RA 6758
uaerlan v. Catubig c Held: that there was implied repeal, the legislative intent to do so being
Dagupan City, which fixed the minimum age qualification for members of c PITC should now be considered as covered by laws prescribing a
the city council at 23 years has been repealed by Sec.6 of RA 2259 compensation and position classification system in the government
c Held: there was an implied repeal of Sec. 12 of the charter of Dagupan including RA 6758.
City because the legislative intent to repeal the charter provision is clear
from the fact that Dagupan City, unlike some cities, is not one of those -c Effects of repeal, generally
cities expressly excluded by the law from its operation and from the c Appeal of a statute renders it inoperative as of the date the repealing act
circumstance that it provides that all acts or parts thereof which are takes effect.
inconsistent therewith are repealed. c Repeal is by no means equivalent to a declaration that the repealed statute is
c
c The repeal of a law does not undo the consequences of the operation of the c Repeal or expiration of a statute under which a court or tribunal originally
statute while in force, unless such result is directed by express language or acquired jurisdiction to try and decide a case, does not make its decision
by necessary implication, except as it may affect rights which become vested subsequently rendered thereon null and void for want of authority, unless
a statute does not render legal what, under the old law, is an illegal
amos v. unicipality of aet authority to act on a case involving such illegal transaction.
c BP 337 known as the LGC was repealed by RA 7160 known as LGC of c Where a law declares certain importations to be illegal, subject to forfeiture by
1991, which took effect on January 1, 1992. the Commissioner of Customs pursuant to what the latter initiated forfeiture
c Sec. 5 (d) of the new code provides that rights and obligations existing on proceedings, the expiration of the law during the pendency of the proceedings
the date of the effectivity of the new code and arising out of contracts or does not divest the Commissioner of Customs of the jurisdiction to continue to
any other source of prestation involving a local government unit shall be resolve the case, nor does it have the effect of making the illegal importation
governed by the original terms and conditions of said contracts or the law legal or of setting aside the decision of the commissioner on the matter.
-c On jurisdiction, generally c Once a jurisdiction to try a criminal case is acquired, that jurisdiction remains
c Neither the repeal nor the explanation of the law deprives the court or with the court until the case is finally determined.
administrative tribunal of the authority to act on the pending action and to c A subsequent statute amending or repealing a prior act under which the court
finally decide it. acquired jurisdiction over the case with the effect of removing the courts¨
c General rule: where a court or tribunal has already acquired and is exercising jurisdiction may not operate to oust jurisdiction that has already attached.
of the cause is not affected by the new legislation repealing the statute which -c On actions, pending or otherwise
originally conferred jurisidiction. c Rule: repeal of a statute defeats all actions and proceedings, including those,
c Rule: once the court acquires jurisdiction over a controversy, it shall continue which are still pending, which arose out of or are based on said statute.
to exercise such jurisdiction until the final determination of the case and it is c The court must conform its decision to the law then existing and may,
not affected by subsequent legislation vesting jurisdiction over such therefore, reverse a judgment which was correct when pronounced in the
proceedings in another tribunal admits of exceptions. subordinate tribunal, if it appears that pending appeal a statute which was
c
necessary to support the judgment of the lower court has been withdrawn by c Issue: whether prosecution for unexplained wealth under RA 1379 has
c repeal of a statute does not destroy or impair rights that accrued and became c It must be pointed out that Sec. 2 RA 1379 should be deemed amended
vested under the statute before its repeal. or repealed by Art. XI, Sec. 15 of the 1987 Constitution.
c The statute should not be construed so as to affect the rights which have
vested under the old law then in force, or as requiring the abatement of -c On contracts
actions instituted for the enforcement of such rights. c Where a contract is entered into by the parties on the basis of the law then
c Rights accrued and vested while a statute is in force ordinarily survive its obtaining, the repeal or amendment of said law will not affect the terms of the
law, vested rights or the obligations of contract, except in the legitimate -c Effect of repeal of tax laws
exercise of police power. c Rule favoring a prospective construction of statutes is applicable to statutes
uyco v. c Such statute is not made retroactive, a tax assessed before the repeal is
c Where a statute gives holders of backpay certificates the right to use said collectible afterwards according to the law in force when the assessment or
certificates to pay their obligations to government financial institutions, the levy was made.
repeal of the law disallowing such payment will not deprive holders
thereof whose rights become vested under the old law of the right to use -c Effect of repeal and reenactment
the certificates to pay their obligations to such financial institutions. c Simultaneous repeal and reenactment of a statute does not affect the rights
and liabilities which have accrued under the original statute, since the
An ak Oeung v. igorra reenactment neutralizes the repeal and continues the law in force without
c A statute gives an appellant the right to appeal from an adverse decision, interruption.
the repeal of such statute after an appellant has already perfected his c The repeal of a penal law, under which a person is charged with violation
appeal will not destroy his right to prosecute the appeal not deprive the thereof and its simultaneous reenactment penalizing the same act done by
appellate court of the authority to decide the appealed case. him under the old law, will not preclude the accused¨s prosecution, nor
epublic v. igrino
c
.
c Where the repealing act contains a saving clause providing that pending
c Where the reenactment of the repealed law is not simultaneous such that actions shall not be affected, the latter will continue to be prosecuted in
the continuity of the obligation and the sanction for its violation form the accordance with the old law.
repealed law to the reenacted law is broken, the repeal carries with it the
deprivation of the court of its authority to try, convict, and sentence the -c Distinction as to effect of repeal and expiration of law
person charged with violation of the old law to its repeal. c In absolute repeal, the crime is obliterated and the stigma of conviction of an
accused for violation of the penal law before its repeal is erased.
c Where the repeal is absolute, so that the crime no longer exists, prosecution -c Effect of repeal of municipal charter
of the person charged under the old law cannot be had and the action should c The repeal of a charter destroys all offices under it, and puts an end to the
c Where the repeal of a penal law is total and absolute and the act which was c The conversation of a municipality into a city by the passage of a charter or a
penalized by a prior law ceases to be criminal under the new law, the statute to that effect has the effect of abolishing all municipal offices then
previous offense is obliterated. existing under the old municipality offices then the existing under the old
c That a total repeal deprives the courts of jurisdiction to try, convict, and municipality, save those excepted in the charter itself.
sentence, persons, charged with violations of the old law prior to the repeal.
c Repeal of a statute which provides an indispensable element in the -c Repeal or nullity of repealing law, effect of
commission of a crime as defined in the RPC likewise operates to deprive the c When a law which expressly repeals a prior law is itself repealed, the law first
court of the authority to decide the case, rule rests on the same principle as repealed shall not thereby revived unless expressly so provided
that concerning the effect of a repeal of a penal law without qualification. c Where a repealing statute is declared unconstitutional, it will have no effect of
c Reason: the repeal of a penal law without disqualification is a legislative act of repealing the former statute, the former or old statute continues to remain in
rendering legal what is previously decreed as illegal, so that the person who force.
c where the repealing act reenacts the statute and penalizes the same act
previously penalized under the repealed law, the act committed before Constitution defined
reenactment continues to be a crime, and pending cases are not thereby c fundamental law which sets up a form of government and defines and delimits
affected. the powers thereof and those of its officers, reserving to the people
c
c written charter enacted and adopted by the people by which a government for Primary purpose of constitutional construction
them is established c primary task of constitutional construction is to ascertain the intent or purpose
c permanent in nature thus it does not only apply to existing conditions but also of the framers of the constitution as expressed in its language
to future needs c purpose of our Constitution: to protect and enhance the people¨s interests
c absolute and unalterable except by amendments c Constitution is not merely for a few years but it also needs to endure through
c WHY? Because it governs the life of the people not only at the time of its
Origin and history of the Philippine Constitutions framing but far into the indefinite future
c 1935 Constitution c it must be adaptable to various crisis of human affairs but it must also be solid
o
. Oinsanan £ xain d as to how this Constitution cam about: c Its stability protects the rights, liberty, and property of the people (rich or poor)
c Tydings-Mcduffie Law- allowed the Filipinos to adopt a constitutions but c It must be construed as a dynamic process intended to stand for a great
subject to the conditions prescribed in the Act. length of time to be progressive and not static
ÿc drafting and approval of the constitution must be authorized Àc It should NOT change with emergencies or conditions
ÿc it must be ratified by the people of the Philippines at a Àc It should NOT be interpreted narrowly
plebiscite c Words employed should not be construed to yield fixed and rigid answers
c 1973 Constitution because its meaning is applied to meet new or changed conditions as they
country c Courts should construe the constitution so that it would be consistent with
Àc March 16, 1967: Congress passed Resolution No.2, which was reason, justice and the public interest
c 1987 Constitution c primary source in order to ascertain the constitution is the LANGUAGE itself
Àc after EDSA Revolution c The words that are used are broad because it aims to cover all contingencies
c
c Words must be understood in their common or ordinary meaning except when
technical terms are employee c Another RULE: words used in one part are to receive the same interpretation
Àc WHY? Because the fundamental law if essentially a document of the when used in other parts unless the contrary is applied/specified.
people
c Do not construe the constitution in such a way that its meaning would change
c What if the words used have both general and restricted meaning?
c Rule: general prevails over the restricted unless the contrary is indicated. Lozada v V ELE
c the term ¥Batasang Pambansa,¦ which means the regular national assembly,
Vrdillo v. V O found in many sections of the 1973 Constitution refers to the regular, not to
c Issue: whether the sole province of Ifugao can be validly constituted in the the interim Batasang Pambansa
c Held: No. the keywords provinces, cities, municipalities and geographical c words which have acquired a technical meaning before they are used in the
areas connotes that a region consists of more than one unit. In its ordinary constitution must be taken in that sense when such words as thus used are
sense region means two or more provinces, thus Ifugao cannot be constituted construed
arcos v. Chief of taff c apart from its language courts may refer to the following in construing the
c Issues: constitution:
Àc the meaning or scope of the words any court in Section 17 Article 17 Àc history
Àc Who are included under the terms inferior court in section 2 Article 7 Àc prior laws and judicial decisions
c Held: Section 17 of Article 17 prohibits any members of the Congress from Àc contemporaneous constructions
appearing as counsel in any criminal case x x x. This is not limited to civil but Àc consequences of alternative interpret-tations
also to a military court or court martial since the latter is also a court of law c these aids are called extraneous aids because though their effect is not in
and justice as is any civil tribunal. precise rules their influence describes the essentials of the process
c Inferior courts are meant to be construed in its restricted sense and (remember preamble? ganito lang din yun)
accordingly do not include court martials or military courts for they are
agencies of executive character and do not belong to the judicial branch unlike Realities existing at time of adoption; object to be accomplished
c
c History basically helps in making one understand as to how and why certain c court examined the history of the times, the conditions under which the
laws were incorporated into the constitution. constitutional provisions was framed and its object
c In construing constitutional law, the history must be taken into consideration c held: before the adoption of the constitutional provision, ¥there was a
because there are certain considerations rooted in the historical background proliferation of newly-created agencies, instrumentalities and GOCCs created
of the environment at the time of its adoption (Legaspi v. Minister of Finance) by PDs and other modes of presidential issuances where Cabinet members,
quino v. VML board with the corresponding salaries, emoluments, per diems, allowances
c Issue: what does the term ¥incumbent president in sec. 3 of Article 17 of the and other prerequisites of office
1973 Constitution refer to? c since the evident purpose of the framers of the 1987 Constitution is to impose
c Held: History shows that at that time the term of President Marcos was to a stricter prohibition on the President, Xice President, members of the
terminate on December 30, 1973, the new constitution was approved on Cabinet, their deputies and assistants with respect to holding multiple
November 30, 1972 still during his incumbency and as being the only government offices or employment in the Government during their tenure, the
incumbent president at the time of the approval it just means that the term exception to this prohibition must be read with equal severity
incumbent president refers to Mr. Marcos c on its face, the language of Sec 13 Art. 7 is prohibitory so that it must be
c Justice Antonio concurring opinion states: the only rational way to ascertain understood as intended to be a positive and unequivocal negation of the
the meaning and intent is to read its language in connection with the known privilege of holding multiple government offices or employment
conditions of affairs out of which the occasion for its adoption had arisen and
c incumbent president referred to in section 5 of Article 18 of the 1987 c EXCEPTION: when the intent of the framer doesn¨t appear in the text or it has
constitution refers to incumbent President Aquino and XP Doy Laurel more than one construction.
i
il Liberties Anion
. xecuti
e ecretary also the people¨s intent
c issue: whether EO 284, which authorizes a cabinet member, undersecretary c The proceedings of the convention are usually inquired into because it sheds
and assistant secretary to hold not more than two positions in the government light into what the framers of the constitution had in mind at that time. (refers
and GOCCs and to receive corresponding compensation therefore, violates to the debates, interpretations and opinions concerning particular provisions)
c
c Whether the term ¥agriculture¦ as used in the Constitution embraces raising c In construing statutes, contemporaneous construction are entitled to great
livestock, poultry and swine weight however when it comes to the constitution it has no weight and will not
c Transcript of the deliberations of the Constitutional Commission of 1986 on the be allowed to change in any way its meaning.
meaning of ¥agriculture¦ clearly shows that it was never the intention of the c Writings of delegates £ has persuasive force but it depends on two things:
framers of the Constitution to include livestock and poultry industry in the Àc if opinions are based on fact known to them and not established it is
c Agricultural lands do not include commercial industrial, and residential lands in the eyes of the law.
includes ¥private agricultural lands devoted to commercial livestock, poultry Previous laws and judicial rulings
and swine raising¦ in the definition of ¥commercial farms¦ is INXALID, to the c framers of the constitution is presumed to be aware of prevailing judicial
extent of the aforecited agro-industrial activities are made to be covered by doctrines concerning the subject of constitutional provisions. THUS when
the agrarian reform program of the State courts adopt principles different from prior decisions it is presumed that they
onte o v. V L
c Whether the COMELEC has the power to transfer, by resolution, one or more Changes in phraseology
municipalities from one congressional district to another district within a c Before a constitution is ratified it undergoes a lot of revisions and changes in
province, pursuant to Sec 2 of the Ordinance appended to the 1987 phraseology (ex. deletion of words) and these changes may be inquired into to
c The Court relied on the proceedings of the Constitutional Commission on c HOWEXER mere deletion, as negative guides, cannot prevail over the
¥minor adjustments¦ which refers only to the instance where a municipality positive provisions nor is it determinative of any conclusion.
which has been forgotten (ano ba §tokinalimutan ang municipality) is included c Certain provisions in our constitution (from 1935 to the present) are mere
in the enumeration of the composition of the congressional district and not to reenactments of prior constitutions thus these changes may indicate an intent
the transfer of one municipality from one district to another, which has been to modify or change the meaning of the old provisions.
ualman v. amaran
Contemporaneous construction and writings c the phrase¦ no person shall be x x x compelled in a criminal case be a witness
c may be used to resolve but not to create ambiguities against himself¦ is changed in such a way the words criminal cases had been
c
Mandatory or directory
Consequences of alternative constructions c RULE: constitutional provisions are to be construed as mandatory unless a
c consequences that may follow from alternative construction of doubtful different intention is manifested.
constitutional provisions constitute an important factor to consider in construing c Why? Because in a constitution, the sovereign itself speaks and is laying
them. down rules which for the time being at least are to control alike the
c if a provision has more than one interpretation, that construction which would government and the governed.
lead to absurd, impossible or mischievous consequences must be rejected. c failure of the legislature to enact the necessary required by the constitution
c e.g. directory and mandatory interpretation: Art. 8 Sec 15(1) requires judges does not make the legislature is illegal.
to render decision within specific periods from date of submission for decision
of cases (construed as directory because if otherwise it will cause greater Prospective or retroactive
injury to the public) c RULE: constitution operates prospectively only unless the words employed
c provision should not be construed separately from the rest it should be atoto v. anuera
interpreted as a whole and be harmonized with conflicting provisions so as to c Sec 20 of Article IX of the 1973 Constitution: ¥no person shall be compelled to
give them all force and effect. be a witness against himself. x x x Any confession obtained in violation of this
c sections in the constitution with a particular subject should be interpreted section shall be inadmissible in evidence¦
together to effectuate the whole purpose of the Constitution. c Court held that this specific portion of the mandate should be given a
prospective application
olentino
. ecretar of inance Co v. lectric ribunal
c XAT Law, passage of bill c Sec. 1(3) Art. 4 of the 1987 Constitution states that those born before January
c involved are article 6 Sec. 24 and RA 7716 (XAT Law) 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching
c contention of the petitioner: RA 7716 did not originate exclusively from the the age of majority¦ are citizens of the Philippines has a retroactive effect as
HOR as required by the Constitution because it is the result of the shown to the clear intent of the framers through the language used
c Court: rejected such interpretation. (guys alam niyo na naman to, that it should Applicability of rules of statutory construction
originate from HOR but it could still be modified by the Senate) c Doctrines used in ar iento
. ison is a good exa ple in which the C
c
c Issue: whether or not the appointment of a Commissioner of Customs is
legislation.
c Just because legislation may supplement and add or prescribe a penalty does
c In case of Doubt? Construe such provision as self executing rather than non-
self executing.
c Issue: w/n the sale at public bidding of the majority ownership of the Manila
c Held: resolution depends on whether the issue is self executing or not. The
court ruled that the qualified Filipino entity must be given preference by
granting it the option to match the winning bid because the provision is self
executing.
- The End -