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REVIEWER - Agpalo Chap 3 PDF
REVIEWER - Agpalo Chap 3 PDF
CHAPTER III: AIDS TO CONSTRUCTION - although not an essential part of the statute, the preamble may
warranted in availing itself of all legitimate aids to construction # People v. Echavez: in effect the preamble may
restrict what otherwise appears to be a broad scope of a law
in order that it can ascertain the true intent of the statute
Common functions
- the severity of the penalty for the violation of the PD
suggests that it is a serious offense, justified only by associating
- can be resorted to as an aid where there is doubt as to the the carrying out of such weapons with any purposes stated in its
meaning of the law or as to the intention of the legislature in preamble
enacting it to clear such obscurity and not otherwise # PNB v. Office of the President: it may express
- may be resorted to in order to remove, but not to create,
legislative intent to make the law apply retroactively
doubt or uncertainty
3. CONTEXT OF THE WHOLE TEXT
1. TITLE
Basis
provisions--taken as a whole and in relation to one another
Sec. 26(1), Art. VI - the context may circumscribe the meaning of the statute; it may
"Every bill passed by the Congress shall embrace only give to a word or phrase a meaning different from its usual or
one subject which shall be expressed in the title thereof."
ordinary signification
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- the constitutional injunction makes the title an indispensable
part of the statute, and what may inadequately be omitted in the * punctuation marks = capitalization = headnotes or epigraphs
text may be supplied or remedied by its title
in terms of the degree of their authority
- when the text of the statute is clear and free from doubt, it is Basis
- punctuation marks are not part of a statute; nor are they part of
improper to resort to the title to make it obscure
the English language
2. PREAMBLE
Preamble
Adoption of arguments based on punctuation
- SUPPLEMENTARY ONLY: if the punctuation gives the statute a
- that part of the statute written immediately after its title, which meaning which is reasonable and in apparent accord with the
states the purpose, reason or justification for the enactment of legislative will, it may be used as additional argument for
law adopting the literal meaning of the words as thus punctuated
- usually expressed int he form of "WHEREAS" clauses - CANNOT STAND ALONE: but an argument based on
- extensively used in PDs issued by the President in the exercise punctuation alone is not persuasive, and the courts will not
of his legislative, and generally omitted in statutes passed by the hesitate to change the punctuation when necessary to give the
statute the effect intended by the legislature, disregarding
PC, PL, NA, BP, and the Congress of the Phlippines
superfluous or incorrect punctuation marks and inserting others
The preamble is not an essential part of a statute
- cannot be used to expand or restrict the operation of the law
where necessary
apparent on its face
Rule on comma (,)
1. ( a ), ( b ), ( c ), or ( d ), qualifier
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* if there is a comma separating the last item from the preceding - the intent or the spirit of the law is the law itself
ones, the qualifier is exclusive to it - for this reason, the legislative intent or spirit is the controlling
factor and the most dominant influence in the construction of
2. ( a ), ( b ), ( c )x or ( d )x qualifier
laws
comma applies to all
law but not within the spirit is not within the statute
5. CAPITALIZATION
low degree in the construction of statutes
# "civil service" v. "Civil Service" then construe the statute to accomplish the supposed intention
(= usurpation of legislative powers)
6. HEADNOTES OR EPIGRAPHS
Headnotes/ Epigraphs
- convenient index to the contents of its provisions
- prefixed sections or chapters of a statute for ready reference or
POLICY OF THE LAW
classification
When controlling
the law should be adopted in favor of that interpretation which
would defeat it
- a decent respect for the policy of the law must save the court
- when a statute is divided into several subjects or articles,
having respective appropriate headings, it must be presumed
that the provisions of each article are controlling upon the subject
from imputing to it a self-defeating, if not disingenuous purpose
thereof and operate as a general rule for settling such questions PURPOSE OF LAW OR MISCHIEF TO BE SUPPRESSED
as are embraced therein
operative words contained in the body of the text exceptions thereto, the purpose of the general rule is not
determinative of the proper construction to be given to the
7. LINGUAL TEXTS
exceptions
Basis
* Philippine laws are officially promulgated in either English, - a statute derives its vitality from the purpose for which it is
Spanish or Filipino, or either in two such languages
General rule
enacted and to construe it in a manner that disregards or defeats
such purpose is to nullify or destroy the law
English v. Spanish
phrases are employed indicate their meaning, nor has the
legislature intended a technical or special legal meaning to those
words, the courts may consult dictionaries, as aids in determining
- where a statute is officially promulgated in English and Spanish, the meaning to be assigned to such words or
the English text shall govern, but in case of ambiguity, omission phrases
or mistake, the Spanish text may be consulted to explain the - dictionaries generally define words in their natural, plain and
English text
Basis
languages - the intention of the lawmakers, who are ordinarily untrained
- the language in which it is written prevails over its transaction
such a manner is always presumed
English > Spanish translation
CONSEQUENCES OF VARIOUS CONSTRUCTIONS
INTENT OR SPIRIT OF THE LAW Will it be construed retroactively or not?
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Has a later law impliedly repealed a prior act on the same RESPONSE to the President's request embodied in the
subject? message
What are the consequences of one construction as compared to - the President's message usually contains proposed legislative
another?
Explanatory note
c. defeat legislative intent or spirit - a short exposition or explanation accompanying a proposed
d. preclude accomplishment of legislative purpose or object legislation by its author or proponent
e. render certain words or phrases a surplusage - contains statements of the reason or purpose of the bill, as well
f. nullify the statute or make any of its provisions nugatory as arguments advanced by its author in urging its passage
# defining extra elements of a crime
PRESUMPTIONS
Limits
#clarifying repeals/amendments
- presumptions are based on logic, experience and common - the explanatory note may not, however, be used as basis for
sense, and in the absence of compelling reasons to the contrary, giving a statute a meaning inconsistent with what is expressed in
doubts as to the proper and correct construction of a statute will the text of the statute
be resolved in favor of that construction which is in accord with - being written only by the author or proponent of the bill, the
the presumption on the matter
# presumption on constitutionality
explanatory note is a mere expression of the author's views
and reasons for the proposed legislation and may not
accordingly override the clear legislative meaning or intent
# completeness as expressed in the statute itself
# prospective operation
# right and justice
# effective, sensible, beneficial and reasonable operation as a
whole
3. LEGISLATIVE DEBATES, VIEWS, DELIBERATIONS
# inconvenience and ineffectiveness
deliberation or discussion on the bill may adopted
Limits
- however, the views expressed by the legislators during
B. LEGISLATIVE HISTORY deliberations of a bill as to the bill's purpose, or effect are not
controlling in the interpretation of the law
- the views of assemblymen during the floor deliberations do not
GENERALLY
Scope
a. where there are other circumstances indicating a
meaning of a statute
- legislative history refers to all its antecedents from its b. where the views expressed were conflicting
inception until its enactment into law c. where the intent deducible from such views is not
- covers the period and the steps done from the time the bill is clear
introduced until it is finally passed by the legislature d. where statute involved is free from ambiguity
- it includes the following: e. where the legislator was not a member of the
1. President's message to the legislature
2. explanatory note
assembly that enacted said laws
1. PRESIDENTS MESSAGE TO THE LEGISLATURE
5. PRIOR LAWS FROM WHICH THE STATUTE IS BASED
- courts are permitted to look into prior laws on the same subject
Basis
Sec. 23, Art. VII and to investigate the antecedents of the statute involved
"The President shall address the Congress at the - this rules is specially applicable in the interpretation of
opening of its regular session. He may also appear before it at
codes, revised or compiled statutes
any other time."
provision from that it originally had
Bases
former was patterned differ in some material aspects
2. where the foreign construction is clearly erroneous or has not
become settled
- the deliberate selection of language differing from that of the 3. where the adopting state has given the statute its own
earlier act on the subject indicates that a change in the meaning interpretation
of the law was intended, and courts should so construe that - Philippine laws must necessarily be construed in
statute as to reflect such change in meaning accordance with the intention of its lawmakers and such intention
- where the law has been amended, effect should be given to may be deduced from the language of each law and the context
changes in the statutory language
- it is not to be presumed that the legislature, in making such
of other legislation related thereto
ascertained and given effect - while common law as known in the Anglo-American
jurisprudence is not in force in the country, many of its principles
7. AMENDMENT BY DELETION have been imported into this jurisdiction as a result of the
enactment of laws and establishment of institutions similar to
- the amendment by deletion of certain words or phrases in a
statute indicates that the legislature intended to change the
those of the US
meaning of the statute
Basis
- the Courts may resort to common law principles in construing
doubtful provisions of a statute, particularly where such statute is
modeled upon Anglo-American precedents
- the presumption is that the legislature would not have made the
deletion had the intention been not to effect a change in its
- however, statutory provision > common law
meaning
General rule
10. CONDITIONS AT THE TIME OF ENACTMENT
meaning of the old law
Exceptions
Bases
- statutes do not operate in a vacuum
- in enacting statutes, the legislature is presumed to have taken
- when it is clear that the amendment is precisely to plainly into account the existing conditions of things at the time of its
express the construction of the act prior to its amendment
because its language is not sufficiently expressive of such
enactment
constructions
- the court may look into the history of the times, examine the
- neither alteration in phraseology nor the omission or addition of state of things existing when the statute was enacted and
words in the latter statute will be held, necessarily to alter the interpret it in the light of the conditions obtaining
construction of the former act or acts - "a statute should not be construed in a spirit as if it were a
- the court is only warranted in holding the constructions of a protoplasm floating around in space"
statute, when revised, to be changed, where the intent of the - in determining the meaning, intent, and purpose of a law or
legislature to make such change is clear of construction constitutional provision, the history of the times out of which it
- condensation is a necessity in the work of compilation or grew and to which it may be rationally supposed to bear
revision some direct relationship, the evils intended to be remedied,
and the good to be accomplished are proper subjects of inquiry
8. ADOPTED STATUTES
history of the latter
and progress including all the concomitant circumstances"
# US Laws
Statutory Construction | Source: Agpalo
- what is commonly referred to and understood as
contemporaneous construction is the construction placed upon
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upon to execute or administer such statute
- the duty of enforcing the law which devolves upon the executive
CONSTRUCTION
Basis
# opinions and rulings - executive and administrative officials are presumed to have
familiarized themselves with all the considerations pertinent to
3 Kinds of Executive Interpretations the meaning and purpose of the law, and to have formed an
independent, conscientious and competent expert opinion
4.
5.
by an executive or administrative officer directly called
to implement the law
by the Secretary of Justice in his capacity as legal adviser
thereon
Limits
of the government - contemporaneous construction will not control the interpretation
6. interpretation handed down in an adversary proceeding in of the statutes if it is shown to be clearly erroneous:
the form of a ruling by an executive officer exercising a. error of law
implement the law
In cases of "acquiescence"
a. expressed - the long acquiescence in its construction and the far reaching
- interpretation embodied in a circular, directive or effect of such a decision may make it imperative for the court to
regulation sustain the law
b. implied - in view of the long continued construction which has been
- interpretation by usage or practice placed upon it by the government officials, and for which they
- a practice or mode of enforcement of not applying the now continue, the very fact that Congress has not seen fit to
statute to certain situations or of applying it in a particular manner
of sustaining such construction
the government
executive officials who enforce the law
When controlling
Optimus interpres rerum usus (The best interpreter of the law
is usage.)
- where the usage has been acquiesced in by all the parties
- in the absence of judicial ruling on the matter and unless concerned and has extended over a long period of time, the
reprobated by the President, the opinions of the Secretary of principle of contemporaneous exposition, common usage and
Justice are generally controlling among administrative and practice under the statute, or a course of conduct indicating a
executive officials of the government
construction of a statute given by a department secretary
judicial power
called upon to implement the law thus construed;
basis of, the erroneous application of the law
experience, and informed judgment; - the rule admits exceptions in the interest of fair play
# tax cases: where tax would not be collected for the
3. the fact that they frequently are the drafters of the law they
interpret;
period during which the circular has not yet been rescinded
the statute a. Expressly
- interpretative or declaratory clause: through which, the
legislature may prescribe rules of construction or indicate how its
WHEN CONTEMPORANEOUS CONSTRUCTION IS provisions should be construed
DISREGARDED
b. Impliedly
following instances: - implied acquiescence to or approval of, an executive or judicial
a. where there is no ambiguity in the law, and construction of a statute by way of subsequent legislation without
erroneous,
b. where the contemporaneous construction is clearly
Limits
different interpretation thereon
area of government power
constitutionality of the law
Authority
ERRONEOUS CONTEMPORANEOUS CONSTRUCTION DOES - while not controlling, the court may also resort thereto to clarify
NOT PRECLUDE CORRECTION NOR CREATE RIGHTS;
General rule
ambiguity in the language of the law
- contemporaneous construction is entitled to the respectful
consideration of the courts, being a work of the two other
- any error on contemporary constructions may be corrected
when the true construction is ascertained
branches of government
Re: Estoppel
- the doctrine of estoppel does not preclude correction of
the erroneous construction by the officer himself, by his
LEGISLATIVE APPROVAL
Presumption
successor in office, or by the Court in an appropriate case - the legislature is presumed to have full knowledge of a
- the government is never estopped by the mistake or error on contemporaneous or practical construction of a statute by an
the part of its agents
- the argument that one relied upon such construction by the
executive or administrative officer and that therefore, the court
administrative or executive officer charged with its enforcement
Legislative approval
should not now apply an interpretation at variance therewith - the legislature may, by action or inaction, approve or ratify
is not correct
- an erroneous contemporaneous construction creates no vested
right on the part of those who relied upon, and followed such
such contemporaneous construction
a. Express
construction
Reenactment
construction: - the most common act of legislative approval of a
a. may not prevent correction of such construction, contemporaneous construction of a statute
b. may not excuse themselves from complying therewith
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- the reenactment of a statute, previously given a - where the court resolved a question merely sub silencio, its
contemporaneous construction, is a persuasive indication of the decision does not come within the maxi of stare decisis, insofar
legislature's adoption of the prior construction as the question is concerned
- the presumption being that the legislature knew of such
construction when it made the reenactment
- requisites:
- obiter dicta neither fall under the application of stare decisis
Obiter dictum
1. the earlier law must have been reeanacted, not just - an opinion expressed by a court on some question of law which
amended is not necessary to the decision of the case before it
2. the contemporaneous construction thereof must be in - it is a remark made, or opinion expressed, by a judge, in his
the form of a regulation to implement the law and duly decision upon a case "by the way", that is incidentally, and not
published, and not merely an administrative ruling embodied directly upon the question before him or upon a point not
in a letter to a specified individual and not published
- not binding as precedent
- where a statute has received a contemporaneous and practical 2. substantial similarity of the facts and legal issues
interpretation and the statute as interpreted is enacted, the - stare decisis presupposes that the facts of the precedent and
practical interpretation is accorded greater weight than it the case to which it is applied are substantially the same
ordinarily receives - where the facts are dissimilar, the principle does not apply
- there is, in this case, an agreement between two departments,
as to the meaning of the law and it devolves upon the judiciary to Limits of the rule
give it a deferential treatment
b. Implied
- stare decisis does not mean blind adherence to precedents
- a doctrine or rule laid down, though followed for how many
years and no matter how sound, may be abandoned if found
- there is implied legislative approval by the legislature's failure to contrary to law
change a long-standing administrative construction - the rule does not apply when there is a conflict between the
precedent and the law; the duty of the court is to abandon any
knowledge of a + no repudiation + silence = acquiescence
construction (consent to
doctrine or rule found to be in violation of law in force
placed upon a statute continue practice)
1. SC sitting en banc
equivalent to a mandate.)
STARE DECISIS
Sec. 4(3), Art. VIII
" x x x No doctrine or principle of law laid down by the
court in a decision rendered en banc or in division may be
--Art. 8, CC
--Art. VIII, 1987 Constitution
modified or reversed except by the court sitting en banc."
SC decisions
- the decision of the Supreme Court applying or interpreting a
2. Legislature, through repeals or amendments
administrative officers in the construction of other statutes
Basis
g. the interpretation of a statute by the SC forms part of the
statute itself and of the legal system (ART. 8, CC)
h. the judiciary is that branch of government entrusted with the
issues
Purposes:
7. the rule rests on the desirability of having stability in law
8. the interest of the State demands that there be an end in
litigation
Requisites:
1. must be categorically stated on an issue expressly raised by
the parties; it must be a direct ruling
2. substantial similarity of the facts and legal issues