Professional Documents
Culture Documents
Statutory Construction: Ink" - Chinese Proverb
Statutory Construction: Ink" - Chinese Proverb
Statutory Construction: Ink" - Chinese Proverb
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- RA 809 applies with or without written milling Extravagant interpretation. – departs from the true meaning
agreements between the planter and the mill, even if its Free or unrestricted interpretation. – based on general principles of
literal interpretation says otherwise. interpretation in good faith
- Legislative intent in enacting RA 809: Limited or restricted interpretation. –influenced by other principles
In the 1950’s, planters staged a strike and Predestined interpretation. –biased
threatened not to plant sugar cane unless they
were given bigger share in the sugar industry and Who has authority to construe law.
sugar quota commitment. - Judiciary
To remedy the problem, Congress enacted RA 809
to force planters to plant, centrals to mill and even Limitations on power to construe.
allowing the government to take over planting and Judicial legislation –when a court, under the guise of
milling. interpretation, modifies, amends, remodels or rewrites a statute
The evil sought to be avoided by Congress is the
Illustrative case:
exploitation of laborers or “sacada” in terms of
CANET V DECENA G.R. No. 155344, January 20, 2004
wages and benefits.
To make the Act operative with or without the
FACTS: A businessman applied for permit to operate and maintain a
written milling agreement.
- Legislative purpose in enacting RA 809 – to compel cockpit. But the mayor refused because there is no ordinance
continuous sugar production & grant laborer’s share in empowering her to do so.
the increased planter’s participation in the sugar produce.
- Legislative meaning in enacting RA 809: Although Contention of the businessman: He invokes a resolution
not clearly disclosed in the language of the Act, it authorizing him to operate a cockpit and a municipal tax ordinance
however indicates that the laborers should receive their providing for issuance of a mayor’s permit to operate businesses.
share for as long as sugar is produced and planters
receive increase participation. Contention of the mayor: The mayor refused. Under the Local
- Thus, to literally interpret these phrases is to defeat Government Code of 1991, the authority to give licenses for the
legislative intent and purpose, which is to grant laborers establishment, maintenance and operation of cockpits pertains to
fair share in sugar produce. the Sanggunian. Also, there is no ordinance authorizing her to do
so.
Legal hermeneutics, defined.
- Branch of science establishes principle and rules of ISSUE:
statutory construction Can the municipal mayor be compelled to issue business permit in
EXEGESIS: application the absence of ordinance empowering her to do so?
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rules and regulations, shall be resolved in favor of PART II. SUBJECTS OF CONSTRUCTION
labor.
Legislative Intent 1. CONSTITUTION
Legislative purpose- reason why a particular statute was enacted. 2. STATUTES
Legislative meaning- what the law by its language means. 3. ORDINANCES
4. RESOLUTIONS
5. EXECUTIVE ORDERS
The literal Rule 6. DEPARTMENT CIRCULARS
-when the law is clear then the plain meaning rule
-Interpreted literally Constitution, defined.
The fundamental law, written or unwritten, that establishes the
The literal rule character of a government by defining the basic principles to which
dura lex sed lex a society must conform; by describing the organization of the
government and regulation, distribution, and limitations on the
The purpose rule functions of different government departments; and by prescribing
-also Referred to as the mischief rule the extent and manner of the exercise of its sovereign powers.
Case of ursua vs. CA A legislative charter by which a government or group derives its
-Requires the court to consider the mischief which the statue was authority to act.
meant to remedy; what evil, if any, was meant to be redressed.
A constitution is “that body of rules and maxims in accordance with
The Golden rule approach which the powers of sovereignty are habitually exercised.” Broadly
case banyas speaking, every state has some kind of a constitution—a leading
principle that prevails in the “administration of its government until
the power to construe it has become an understood part of its system, to which obedience
is expected and habitually yielded.” (Cooley, 1868)
- Construction is a judicial function
- Art. 8 of 1987 constitution sec.2
Strong (1963) summarizes the definition of constitution by saying
that:
Present structure of government
Executive-enforces and administers the law
A constitution may be said to be a collection of principles according
Judiciary- construe the law
to which the powers of the government, the rights of the governed,
legislative- makes laws and alters or repels them
and the relations between the two are adjusted. The constitution
may be a deliberate creation on paper; it may be found in one
ambiguity defined
document which itself is altered or amended as time and growth
- Is doubtfulness, indistinctness or uncertainty of
demand; or it may be a bundle of separate laws given special
meaning
authority as the laws of the constitution. Or, again, it may be that
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the bases of the constitution are fixed in one or two fundamental 1. A constitution is a legislation direct form the people, while a
laws while the rest of it depends for its authority upon the force of statute is a legislation from the people’s representatives.
custom. (p. 11)
2. A constitution merely states the general framework of the
Philippine Constitution, defined. law and the government, while a statute provides the details
of the subject of which it treats.
“a written instrument by which the fundamental powers of the
government are established, limited and defined, and by which Constitution – general principles and foundation of government,
those powers are distributed among the several departments for relatively permanent in character
their safe and useful exercise and for the benefit of the body Statute – more detailed, tentative
politic.” (Malcolm and Laurel, 1936 as cited by Suarez, 2008)
Nature of Constitution. and its powers,” and define the electorate. (De Leon and De
Leon)
Nature of Constitution can be defined as the relationship of the
government and its people. Each State have their own version of 2. Constitution of liberty—its provisions should set forth the
their Preamble and Articles which makes their constitutions unique. “fundamental rights of the
It is not acceptable for a State to exist without a Constitution
defining the relationship of the people governing the State and the people” and impose “certain limitations o the powers of the
people who completes the State. Recognizes and declares inherent government as a means of
rights and prerogative of a free people.
securing the enjoyment of these rights.” (De Leon and De
Constitution distinguished from statute. Leon)
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and De Leon). In other words, as Strong (1963) puts it: “The It is the doctrine that, when court has once laid down a principle,
constitution that can be altered or amended without special and apply it to all future cases, where facts are substantially the
machinery is a flexible constitution.” same, regardless of whether the parties and properties are the
same.
Statute, defined.
Stare Decisis. Follow past precedents and do not disturb what has
Statute is an act of legislature as an organized body expressed in been settled. Matters already decided on the merits cannot be
the form, passed according to the procedure, required to constitute relitigated again and again. “Stare decisis et non quieta movere”
it as part of the law of the land. (follow past precedents and do not disturb what has been settled.
Public or private.
Statutes, distinguished from statute law.
Public Statute – Which affects the public at large or the whole
“Statute Law” is a term often used interchangeably with the word
community.
“statute”. Statute Law, however, is broader in meaning since it
Private Statute- applies only to a specific person or subject.
includes not only statute but also the judicial interpretation and
application of the enactment of such statute.
Public statute, classified.
Article 8, Civil Code General, special and local laws.
“Judicial decisions applying or interpreting the laws or the General law – applies to the whole state and operates throughout
Constitution shall form a part of the legal system of the Philippines” the state alike upon all the people or all of a class;
Special law – relates to a particular person or things of a class or
Doctrine of stare decisis to a particular community, individual or thing;
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Local law – whose operation is confined to a specific locality. appropriate term for it after it has been acted on and passed by the
legislature. It then becomes a statute, the written will of the
Legislative power, defined. legislature solemnly expressed according to the form necessary to
constitute it as the law of the state.
It is the power to make, alter, and repeal laws.
Origin of bill.
Scope of legislative power. A bill may originate in the lower or upper house except
1) Under the 1973 and freedom constitution, the president appropriation, revenue or tariff bills, bills authorizing increase of
exercised legislative power which remained valid until public debt, bills of local application, private bills, which shall
repealed. originate exclusively in the House of Representatives.
2) LGU can enact ordinances within their jurisdiction, but such
laws are inferior and subordinate to the laws of the state. Tolentino v Secretary of Finance, 235 SCRA 630 (1994)
(Primcias vs. Urdaneta) FACTS: Several bills were introduced in the House of
3) Administrative or executive officer can make rules and Representatives to expand the tax base of the Value Added Tax
regulations to implement specific laws. (VAT) system and enhance its administration by amending the
Essential feature of the legislative function is the National Internal Revenue Code (NIRC).
determination of the legislative policy and its formulation and These were referred to the House and Ways Committee
promulgation as a defined and binding rule of conduct. which consolidated a bill and recommended its approval.
Embraces all subjects, extends to matters of general concern or After approval, it went to the Senate and referred to its
common interest, unless limited by the Constitution Committee on Ways and Means. Thus, petitioners argue that it did
not originate exclusively in the lower house because it merely
Constitutional basis for legislative power of Congress. consolidated 2 distinct bills from the lower and upper houses. This
Section 1, Article VI of the 1987 Constitution. violates the clear mandate of “originate” which was even qualified
“Section 1. The legislative power shall be vested in the Congress of by the word “exclusively”.
the Philippines which shall consist of a Senate ad a House of
Representatives, except to the extent reserved to the people by the HELD: It is not the law, but the revenue bill, which is required by
provision on initiative and referendum.” the Constitution to originate exclusively in the House of
Representatives. A bill originating in the lower house may undergo
Bill, defined. extensive changes in the Senate that may result in the rewriting of
A bill is a proposed legislative measure introduced by a member of the entire bill. To insist the revenue statute must be substantially
Congress for enactment into law, signed by the author/s, filed with the same as the house bill would be to deny the Senate’s power not
the House Secretary. only to “concur with amendments” but also to “propose
amendments”.
Bill – is the draft of a proposed law from the time of its introduction
For indeed, what the Constitution simply means is that the initiative
in a legislative body through all the various stages in both houses. It
for filing revenue bill must come from the House of Representatives.
is enacted into law by a vote of the legislative body. An “Act” is the
This is based on the theory that since they are elected by their
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districts, they are expected to be more sensitive to the local needs scrutiny. Committee may approve or reject the bill, with or without
and problems. amendments, re-write the bill entirely, report it favorably or without
Thus, while it is true that a revenue bill must originate recommendation. Committee reports and recommends for calendar
exclusively in the House of Representatives, the Senate can for second reading.
propose amendments that re-writes the entire bill or
substitute it with an entirely separate and distinct bill. e. In the second reading, the bill is read in its entirety. (in
full with the amendments proposed by the Committee, if any.
How a bill becomes a law. Unless copies were distributed before and such reading is dispensed
with. The bill will be subjected to debates, motions and
HOW DOES A BILL BECOMES A LAW – STEPS amendments. After the amendments have been acted upon, the bill
will be voted on second reading)
A bill before it becomes a law must pass the strict constitutional f. Immediately after the second reading, the bill is set for
requirements explicit both in the 1973 Constitution and the 1987 open debates where members of the assembly may propose
Constitution. amendments and insertions to the proposed bill.
g. After the approval of the bill in its second reading and at
Passage of a bill in a parliamentary system (unicameral assembly): least three (3) calendar days before its final passage, the bill is
a. A member of the National Assembly may introduce the printed in its final form and copies thereof distributed to each of the
proposed bill to the Secretary of the National Assembly who will members.
calendar the same for the first reading. Filing- with the House h. The bill is then calendared for the third and final reading.
Secretary. Secretary reports the bill for the 1st Reading. At this stage, no amendment shall be allowed. Only the title of the
b. In the first reading, the bill is read by its number and title bill is read and the National Assembly will then vote on the bill.
only. Under the present 1987 Constitution, after the third and final
c. After the first reading, the bill is referred by the Speaker reading at one House where the bill originated, it will go to the other
to the appropriate committee for study. At this stage, the House where it will undergo the same process.
appropriate committee will conduct public hearings. Then after the (Final vote for yeas and nays shall be taken and entered in the
public hearings, the committee shall decide whether or not to report Journal)
the bill favorably or whether a substitute bill should be considered. i. After the bill has been passed, it will be submitted to the
Should there be an unfavorable report of the committee, then the Prime Minister (President) for approval. If he disapproves, he shall
proposed bill is dead. veto it and return the same with his objections to the National
d. Upon favorable action by the committee, the bill is Assembly (House where it originated), and if approved by two-thirds
returned to the National Assembly and shall be calendared for the of all its members, shall become a law. Under the present set-up, if
second reading. the originating house will agree to pass the bill, it shall be sent,
Composition - experts in the subjects under their together with the objections to the other house by which it shall be
jurisdiction. likewise be considered and must be approved by two-thirds of the
What happens in the Committee Stage? – It may hold public votes. Every bill passed by Congress shall be acted upon by the
hearings on the proposed measure. Bill comes under sharpest
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President within thirty (30) days from receipt thereof. Otherwise, it simply dispensing the printing and distribution not only offends
shall become a law. grammar but also negates the very premise of the “except” clause.
The necessity of securing the immediate enactment of the bill which
Section 26 (2) Article VI, 1987 Constitution is certified in order to meet a public calamity or emergency.
Tolentino v Secretary of Finance, 235 SCRA 630 (1994) The factual basis of presidential certification of bills is not
“No bill passed by either House shall become a law unless it has subject to judicial review pursuant to the principle of
passed three readings on separate days, and printed copies thereof separation of powers as it merely involves doing away with
in its final form have been distributed to its Members three days procedural requirements. A law may not be declared
before its passage, except when the President certifies to the unconstitutional when what is violated in its passage are mere
necessity of its immediate enactment to meet a public calamity or internal rules of procedure. Unlike the sufficiency of the factual basis
emergency. Upon the last reading of a bill, no amendment thereto of the suspension of the privilege of the writ of habeas corpus which
shall be allowed, and the vote thereon shall be taken immediately threaten individual rights hence subject to judicial review.
thereafter, and the yeas and nays entered into the Journal.”
Constitutional Reqts for the bill to pass. Article VI, Section 26 Conference Committee – it is a mechanism to harmonize
(2): differences between both Houses in the passage of the bill into law.
It has passed 3 readings on separate days But it can deal generally with the subject matter. It may produce
Printed copies in final form distributed to its members results beyond its mandate. The rules do not limit it to consider
3 days before its passage. conflicting provisions only. It is empowered to include an entirely
EXCEPT : when the President certifies it as urgent to new provision not found in either bills. Thus, political scientists call
meet public calamity or emergency. the Conference Committee a third body of the legislature.
But the factual basis of the presidential certification of
bills may not be subjected to judicial review. It merely
a. A Conference Committee is constituted and is composed of
dispenses with the procedural requirements designed
Members from each House of Congress to settle, reconcile or
to insure that bills are duly considered by members.
thresh out differences or disagreements on any provision of
the bill.
(?) Contention of Petitioners: The certification of the bill is b. The conferees are not limited to reconciling the differences in
invalid because there was no emergency. The justification of the bill but may introduce new provisions germane to the
“growing budget deficit” is not an unusual condition in this country. subject matter or may report out an entirely new bill on the
HELD: The presidential certification dispenses not only printing and subject.
distribution of the copy of the bill but also the reading on separate c. The Conference Committee prepares a report to be signed by
days. The phrase “except when the President certifies to the all the conferees and the Chairman.
necessity of its immediate enactmentxxx” qualifies the 2 stated d. The Conference Committee Report is submitted for
conditions before a bill becomes a law. The “unless” clause must be consideration/approval of both Houses. No amendment is
read in relation to the “except” clause because they are coordinate allowed.
clauses of the same sentence. To construe the “except” clause as
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Illustrative case: Tolentino v Secretary of Finance, 235 No, in one case, the Senate President admitted to a mistake and
SCRA 630 (1994) withdrew his signature. Thus, the Supreme Court went behind the
FACTS: The Conference Committee consolidated the House and enrolled bill and consulted the Journal to determine whether certain
Senate versions closed doors which resulted in an entirely different provisions of the statute had been approved by the Senate. There
version. was no longer any enrolled bill to consider when the signature was
CONTENTION OF PETITIONERS: The House Committee Report withdrawn.
included provisions not found in either version and these were
secretly inserted into it closed doors. Authentication of bills
HELD: There is nothing wrong about closed door executive sessions. The system of authentication devised is the signing by the Speaker
Often, when only the conferences are present, it is the only way to and the Senate President of the printed copy of the approved bill, to
harmonize conflicting provisions. The incomplete sentences in the signify to the President that the bill being presented to him has been
transcripts may be attributed to the stenographer’s own limitations duly approved by the legislature and is ready for his approval or
or incoherence of statements. rejection.
Amendment in the nature of a substitute by the Conference
Committee resulting in a third version is allowed provided it
is germane to the subject of both versions. President’s approval or veto
Once the bill is approved, it is transmitted to the President of the
Philippines for signature. The President may then either sign the bill
to indicate approval, or veto the bill to indicate disapproval. If
approved, the bill officially becomes a law.
Doctrine of enrolled bill
When both houses approve the Conference Committee Report Override of presidential veto
adopting third version of the bill, it is the latter that is the final and If the President decides to exercise his veto powers, the Congress
conclusive version submitted to the president for approval. The may re-pass the vetoed bill if two-thirds of both Houses, voting
requirement of 3 readings on separate days and distribution of separately, approve its enactment. In this case, the bill also officially
copies 3 days prior does not apply to Conference Committee becomes a law.
Reports.
3 ways by which a bill becomes a law
Under the enrolled bill doctrine, the text of the act as passed and A bill passed by Congress becomes a law in either of three ways:
approved is deemed importing absolute veracity and is binding on
the courts. An enrolled copy of the bill is conclusive not only 1. When the President signs it
of its provisions but also of its due enactment. Once the 2. When the President does not sign nor communicate his veto
Senate President and Speaker sign the bill and the Secretaries of the bill within thirty days after his receipt thereof
3. When the vetoed bill is repassed by Congress by two-thirds
certify
vote of all its members, voting separately. (Congress
IS THE DOCTRINE OF ENROLLED BILL ABSOLUTE?
overrides veto)
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n. Transitory Provisions – Temporary provisions for transition
Parts of statutes.
e. Title – the heading on the preliminary part, furnishing the name o. Repealing Clause - announces the prior statutes or specific
by which the act is individually known. It is usually prefixed to provisions which have been abrogated by reason of the
the statute in the brief summary of its contents. The general enactment of the new law. Repeal is not a legislative finding
statement of the subject of the bill. that the earlier law in unconstitutional.
f. Preamble – part of statute explaining the reasons for its p. Saving Clause – restriction in a repealing act, which is intended
enactment and the objects sought to be accomplished. to save rights, pending proceedings, penalties, etc. from the
Usually, it starts with “whereas”. Part which follows the title annihilation which would result from an unrestricted repeal.
and precedes the enacting clause
q. Separability Clause – provides that in the event that one or
g. Enacting clause – part of statute which declares its enactment more provisions or unconstitutional, the remaining provisions
and serves to identify it as an act of legislation proceeding shall still be in force. If part of the law is declared invalid,
from the proper legislative authority. “Be enacted” is the usual the rest remains valid. Does not bind the courts. The whole
formula used to start this clause. Precedes body of statute, statute may be nullified, if what is left is not complete or
identifies the bill as an act of legislation, absence does not workable.
nullify law unless required by the Constitution, not required by
Constitution but used as a matter of legislative practice or r. Effectivity Clause / Date of effectivity– announces the
custom. effective date of the law. Time when law takes effect. Usually
after 15 days following completion of publication in the
Official Gazette or in a newspaper of general circulation.
h. Body – the main and operative part of the statute containing its
substantive and even procedural provisions. Provisos and One title-one subject rule.
exceptions may also be found. Main part of the bill, rights or Sec. 26 (1), Article VI, 1987 Constitution.
remedies. “Every bill passed by the Congress shall embrace only one subject
which shall be expressed in the title thereof”
i.POLICY SECTION – declaration of state policy.
A bill embraces only one subject matter, to prevent logrolling, to
prevent surprise or fraud, to inform the people.
j. Definition section – Defines terms
Tolentino v Secretary of Finance, 235 SCRA 630 (1994)
ISSUE: An Act Restructuring the Value-Added Tax (VAT) System,
k. Administrative section – Enforcement body
Widening Its Tax Base and Enhancing its Administration, and For
These Purposes Amending and Repealing the Relevant Provisions of
l.Standards of conduct – do and avoid
the National Internal Revenue Code, as amended, And For Other
Purposes.
m. Sanctions – penalties
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HELD: To insist that the tax exemption be specified in the title is to HELD: For sure, the great majority of the 6.3 million Filipinos who
require the title of the bill to be a complete index of its content. signed the signature sheets did not see the full text of the
Every bill is required to embrace only one subject expressed in its proposition. They could have not known the nature and effect of the
title to prevent surprise upon members of the Congress and inform proposed changes: 1. The term limits will be lifted and thus
the people about it. If PAL did not know that its exemption was members of the Parliament can be re-elected indefinitely. 2. The
withdrawn, it is not due to the defect in the title but because just interim Parliament can continue to function indefinitely until its
like other statutes, they pass unnoticed even if published. The title members, who are almost all the present members of Congress,
is sufficient if it expresses the general subject of the statute decide to call for new parliamentary elections. 3. Within 45 days
and all its provisions are germane to the general subject thus from the ratification of the proposed changes, the interim
expressed. Parliament shall convene to propose further amendments or
revisions to the Constitution.
Logrolling – Combination of multiple propositions in one The subject matter of this proposed transitory provision is
proposal. Entire proposition is nullified, not only the subject matter. totally unrelated to the shift from presidential-bicameral to
A legislative practice of embracing in one bill several distinct unicameral-parliamentary system. This is logrolling. It places the
matters, none of which, perhaps, could singly obtain the assent of people in a dilemma since they can answer only either yes or no to
the legislature, and then procuring its passage by a combination of the entire proposition, which contains 2 subjects, one of which they
the minorities in favor of each of the measures into a majority that may find unacceptable.
will adopt them all.
Practice of including in one statute or constitutional amendment Effects of insufficiency of title. Bill is void insofar as the
more than one proposition, inducing voters to vote for all, subject matter not expressed in the title is concerned. But id void
notwithstanding they might not have voted for all if amendments or and valid are inseparable, the nullity of one vitiates the other. ( go
statutes had been submitted separately. back to PREAMBLE)
Lambino v COMELEC, G.R. No. 174153, October 25, a) A statute whose title does not conform to the one title-
2006 subject or is not related to its subject is null and void
FACTS: In 2006, the group led by Raul Lambino and Enrico b) If subject matter of statute is not sufficiently expressed in its
Aumentado gathered signatures nationwide as people’s initiative to title, only the unexpressed subject matter is void leaving the
amend the Constitution by shifting from Bicameral-Presidential to rest in force
Unicameral-Parliamentary form of government. It asked the people
this proposition: DO YOU APPROVE THE AMENDMENT OF ARTICLES Date of effectivity
VI AND VII OF THE 1987 CONSTITUTION, CHANGING THE FORM OF When laws take effect.
GOVERNMENT FROM THE PRESENT BICAMERAL-PRESIDENTIAL TO A Article 2, Civil Code
UNICAMERAL-PARLIAMENTARY SYSTEM, AND PROVIDING ARTICLE “Laws take effect after 15 days following completion of publication in
XVIII AS TRANSITORY PROVISIONS FOR THE ORDERLY SHIFT FROM the Official Gazette, unless otherwise provided”
ONE SYSTEM TO THE OTHER? Section 18, Chapter 5, Book I, 1987
Administrative Code
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“Laws take effect after 15 days following completion of publication in b. Each rule shall become effective 15 days from the date of
the Official Gazette or in a newspaper of general circulation, unless filing as above provided unless a different date is fixed by
it is otherwise provided. law, or specified in the rule in cases of imminent danger to
public health, safety and welfare.
Completion of publication – from which the date the period of Publication and filing requirements are indispensable to the
publication will be counted, refers to the dte of release of the O.G. effectivity or rules and regulations, except when the law
or newspaper for circulation and not to its date, unless the two authorizing its issuance dispenses the filing requirements.
dates coincide. Types of administrative rules &
regulations
IRR- enforces the law
Tañada v Tuvera, 146 SCRA 446 (1986) LOI – interprets the rule
Philippine Veterans Bank v Vega, G.R. No. Rule-making power of a public administrative agency –
105364, June 28, 2001 delegated legislative power.
Effectivity of presidential issuances, rules and Test of validity of administrative rules and
regulations. – The requirement of publication also applies to regulations (Test of validity of delegation of rule-making
Presidential Issuances. Exceptions: those which are merely power)
interpretative or internal in nature not concerning the public. The law must be : complete in itself, fix a standard standard, the
Presidential issuances, basis. limits are sufficiently determinate or determinable, in case of
Effectivity of Internal Rules and discrepancy between statute and IRR, the statute prevails.
Regulations (IRR)
Nature of administrative, rules & When local ordinances take effect.
regulations Local ordinance shall take effect after 10 days from the date a copy
a. Whose purpose is to implement or enforce existing law thereof is posted in the bulletin board at the entrance of the
pursuant to a valid delegation or to fill in the details of a provincial capitol or city, municipal, or barangay hall, as the case
statute; whether they are penal or non-penal; this requires may be, and in at least two other conspicuous places in the local
publication. government unit.
b. Those which are merely interpretative in nature or merely The Secretary of the sanggunian shall cause the posting of
internal in character not concerning the public, does not need the ordinance within 5 days after its approval.
publication. The gist of all ordinances with penal sanctions shall be
published in a newspaper of general circulation, within the province
In addition, the 1987 Administrative Code provide that- where the local legislative body concerned belongs.
a. Every agency shall file with the U.P. Law Center three copies In case of highly-urbanized and independent component
of every rule adopted by it. Rules in force on the date of cities, the main feature of the ordinance or resolution duly enacted
effectivity of this Code which are not filed within 3 months or adopted shall, in addition to being posted, be published once in a
from that date shall not be the basis of any sanction against local newspaper of general circulation within the city.
any party or persons.
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Unless a statute is by its provisions for a limited period only, SK Chair however argued she is still 21 years, 10 months and 25
it continues in force until changed or repealed by the legislature. days old, not 22 years old.
Law once established continues until changed by some competent HELD: The LGC speaks of years, not months or days and a year
legislative power. It is not changed by change of sovereignty. consists of 365 days. In computing years, first year is reached after
completing first 365 days. So, 21 is 21 cycles of 365 days. Not
Manner of computing time. more than 21 years old is not the same as less than 22 years
Where a statute requires the doing of an act within a old.
specified number of days, such as 10 days, from notice, it means 1o
calendar days and not working days. Where the word “week” is used Ordinance, defined.
as a measure of time and without reference to the calendar, it Ordinance – an act passed by the local legislative body in the
means a period of seven consecutive days without regard to the day exercise of its law-making authority.
of the week from which it begins (PNB Vs CA).
a. Year: 365 days TEST OF VALID ORDINANCE
b. Month: 30 days except if the months are designated
c. Days: 24 hours 1. Must not contravene the Constitution or any statute; 2. Must not
d. Night: from sunrise to sunset be unfair or oppressive;3. Must not be partial or discriminatory;4.
e. Week: a period of 7 consecutive days without regard to the Must not prohibit but may regulate trade; 5. Must be general and
day of the week from which it begins. consistent with public policy; and 6. Must not be unreasonable.
Civil Code adopts the 365 day year and the 30-day month
and not the REASON WHY AN ORDINANCE SHOULD NOT CONTRAVENE A
calendar year nor the solar month. STATUTE
The exclude – the- first and include the last day rule governs
the computation of a period. IF the last day falls on a Sunday or Local councils exercise only delegated legislative powers conferred
legal holiday, the act can still be done the following day. The on them by Congress as the national law making body.
principle does not apply to the computation of the period of
PRSECRIPTION OF CRIME, in which the rule is that if the last days in The delegate cannot be superior to the principal.
the period of prescription of a felony falls on a Sunday or legal
holiday, the information concerning said felony cannot be filed on Barangay ordinance, authority to pass and review.
the next working day, as the offense has been by then already Sanggniang barangay: smallest legislative body; may pass an
prescribed. ordinance affecting a barangay by a majority vote of all its
members. Its ordinance is subject to review by sangguniang bayan
Garvida v Sales, G.R. No. 124893, April 18, 1997 or panlungsod, to determine if it is in accordance with municipal or
FACT: Proclamation of a duly elected SK Chair was suspended by city ordinance. Sangguniang Bayan or panlungsod shall take action
the COMELEC because she is overaged. The law says candidates on the ordinance within 30 days from submission.
should “not be more than 21 years old on the day of election”. The Municipal ordinance, authority to pass, veto and
review.
15
Sangguniang Bayan: affirmative vote of a majorirty of the members Law Dictionary: What is RESOLUTION? definition of RESOLUTION
of the sangguniang bayan, there being a quorum. Ordinance is then (Black's Law Dictionary)
submitted to the municipal mayor, who within 10 days from the
receipt shall return it with his approval or veto. The ordinance is Resolutions convey principles and sentiments of the Senate or the
then submitted to sangguniang panlalawigan for review, who within House of Representatives. These resolutions can further be divided
30 days may invalidate it in whole or in part. into three different elements:
City ordinance, authority to pass, veto & review. a. joint resolutions — require the approval of both chambers of
Sangguniang panlungsod: affirmative vote of a majority of the Congress and the signature of the President, and have the
members of the sangguniang bayan, there being a quorum. force and effect of a law if approved.
Approved ordinance shall be submitted to the mayor, who within 10 b. concurrent resolutions — used for matters affecting the
days shall return it with approval or his veto. The Sanggunian may operations of both chambers of Congress and must be
repass a vetoed ordinance. If the city is a component city, the approved in the same form by both houses, but are not
approved ordinance is submitted to the Sangguniang panlalawigan, transmitted to the President for his signature and therefore
who shall act within 30 days. have no force and effect of a law.
Provincial ordinance, authority to pass and veto. c. simple resolutions — deal with matters entirely within the
Sangguniang panlalawigan: by a vote of a majority of the members prerogative of one chamber of Congress, are not referred to
present, there being a quorum, enact ordinance that will affect the the President for his signature, and therefore have no force
province. The ordinance is forwarded to the governor who. Within and effect of a law.
15 days shall return it with his approval or veto. A vetoed ordinance Kinds of resolutions.
may be repassed by two-thirds vote. Simple.
Resolution, defined. It is usually designated with P. S. Res. A simple resolution deals
The determination or decision, in regard to its opinion or intention, with matters entirely within the prerogative of one house of
of a deliberative or legislative body, public assembly, town council, Congress, such as adopting or receiving its own rules. A simple
board of directors or the like. Also a motion or formal proposition resolution is not considered by the other chamber and is not sent to
offered for adoption by such a body. In legislative practice. The term the President for his signature. Like a concurrent resolution, it has
is usually employed to denote the adoption of a motion, the subject- no effect and force of a law. Simple resolutions are used
matter of which would not properly constitute a statute; such as a occasionally to express the opinion of a single house on a current
mere expression of opinion; an alteration of the rules ; a vote of issue. Oftentimes, it is also used to call for a congressional action on
thanks or of censure, etc. In practice. The judgment of a court. In an issue affecting national interest.
the civil law. The cancellation or annulling, by the act of parties or Concurrent.
judgment of a court, of an existing contract which was valid and A concurrent resolution is usually designated in the Senate as
binding, in consequence of some cause or matter arising after the S. Ct. Res. It is used for matters affecting the operations of both
making of the agreement, and not in consequence of any inherent houses and must be passed in the same form by both of them.
vice or defect, which, invalidating the contract from the beginning, However, they are not referred to the President for his signature,
would be ground for rescission. and they do not have the force of law. Concurrent resolutions are
16
used to fix the time of adjournment of a Congress and to express
the “sense of Congress” on an issue. Article VIII, Section 4 (2), 1987 Constitution – Supreme Court en
Joint. banc, concurrence of majority of its members who actually took part
A joint resolution, like a bill, requires the approval of both houses in the deliberations and voted
and the signature of the President. It has the force and effect of a
law if approved. There is no real difference between a bill and a joint Essential requisites for judicial review.
resolution. The latter generally is used when dealing with a single 1. Existence of an appropriate case/actual case
item or issue, such as a continuing or emergency appropriations bill. (controversy)
Joint resolutions are also used for proposing amendments to the 2. An interest personal and substantial by the party raising
Constitution. the constitutionality (Locus standi/legal standing)
3. The plea that the function be exercised at the earliest
Validity of statute. opportunity/ Raised at the earliest opportunity
4. The necessity that the constitutional question to be
Every statute passed by legislature is presumed to be valid because
passed upon in order to decide the case (lis mota)
the legislature is supposed to have considered the question of its
LIS MOTA : Courts will deal with constitutionality issue only if it is
validity before approving it. In cases of doubt, the court resolves in
unavoidable, very crux of the controversy
favor of its validity. Presumption of constitutionality, in deference to
the wisdom, integrity and patriotism of the legislature, all
Illustrative case: Francisco Jr., v House of Representatives,
reasonable doubts are ruled in favor of constitutionality. To doubt is
G.R. No. 160261, Nov 10, 2003
to sustain.
2 Views on the effects of a declaration of unconstitutionality of a Exemptions to this rule: when the parts are so mutually dependent
statute: and connected to each other. Legislature is presumed to have
1) Orthodox view. intended them as a whole. Nullity of one vitiates the rest.
Article 7, Civil Code. SEPARABILITY CLAUSE: intent of separability, rather than complete
Operative fact. nullity. The presence of separability clause creates the presumption
An unconstitutional law confers no right, is not a law, imposes no that the legislature intended separability, rather than complete
duties, affords no protection; in legal contemplation, it is nullity of the statute.
inoperative, as if it had not been passed.
Tatad v Secretary of Department of Energy, 281 SCRA 330
Article 7, Civil Code: (1997) (Separability Clause)
Operative Fact Doctrine: As a general rule, the nullification FACTS: The Supreme Court declared unconstitutional 3 provisions of
of an unconstitutional law or act carries with it the illegality of its RA 8180 or An Act Deregulating the Downstream Oil Industry—the
effects. However, in cases where the nullification of its effects ill provisions on 4% tariff differential, minimum inventory and
result in inequity and injustice, the operative fact doctrine may predatory pricing which were declared anti-competition. These
apply, and the effects of the unconstitutional act will have to be provisions are the key provisions of RA 8180.
recognized. Existence of statute prior to nullity, is an operative fact
20
ISSUE: Whether the nullity (striking down) of the 3 provisions of the
law infect the entire law even with the presence of the Separability
Clause?
HELD: YES. Because to decree partial unconstitutionality of RA 8180
will bring about absurdity. Separability Clause is not binding with
the Supreme Court. Separability clause only creates a presumption
of that the act is severable. It is merely an aid in statutory
construction. IT is not an inexorable command. A separability clause
does not clothe the valid parts with immunity from the invalidating
effect the law gives to the inseparable blending of the bad with the
good. The Separability clause cannot also be applied if it will
produce an absurd result. In sum, if the separation of the statute
will defeat the intent of the legislature, separation will not take place
despite the inclusion of a separability clause in the
21
SPIRIT AND PURPOSE OF THE LAW
STATUTES AS A WHOLE
STARE DECISIS
22
Liberal or strict construction, factors to consider and when of its terms. Liberal construction means that the words should
applied. receive a fair and reasonable interpretation, so as to attain the
- Former law on the matter intent, spirit and purpose of the law.
- Persons or matters with which it deals
- Letter or language of the law
Liberal construction applied, generally.The literal meaning of the
Generally:Whether a statute is to be given a strict or liberal words used may be rejected
construction will be depend upon the nature of the statute, the
purpose to be subserved and the mischief to be remedied, and a if the result of adopting said meaning would be to defeat purpose of
strict or liberal interpretation will be given a statute that will best the law. Liberal interpretation so as to save the statute from
accomplish the end desired and effectuate legislative intent. obliteration, ut res magis valeat quam pereat. Construction by this
nature and the act of the court in engrafting upon a law something
Strict construction, generallyStrict construction is that construction which its believes ought to have been embraced therein. The former
according to the letter of a statute, which recognizes nothing that is is liberal construction and is a legitimate exercise of judicial power.
not expressed, takes the language used in its exact meaning, and The latter is judicial legislation forbidden by the tripartite division of
admits no equitable consideration. It does not mean giving a statute powers among the three departments of government, the executive,
its narrowest meaning of which it is susceptible. Nor does it mean the legislative and the judicial. A statute may not be liberally
that words shall be so restricted as not to have their full meaning. construed to read into it something which its clear and plain
Scope of statute shall not be extended or enlarged by implication, language rejects.
intendment, or equitable consideration beyond the literal meaning of
its terms. Statutes in derogation of common rights, how construed.
Statutes in derogation of rights.People in republican state enjoy
Liberal construction, defined.Liberal constructions means such certain rights, which are either inherent or guaranteed by the
equitable construction constitution or protected by law; rights are not absolute, and the
state, in the exercise of its police power, may enact legislations
as will enlarge of a statute to accomplish its intended purpose, carry
curtailing or restricting their enjoyment. As these statutes are in
out its intent, or promote justice. It does not mean enlargement of
derogation of common or general rights, they are generally strictly
a provision which is clear, unambiguous and free from doubt, for a
construed and rigidly confined to cases clearly within their scope or
statute which is plain and clear is not subject to construction. Liberal
purpose.; two reasonably possible constructions, one which would
construction is that construction which expands the meaning of a
diminish or restrict fundamental right of the people and the other of
statute to meet cases which are clearly within the spirit or reason
which would not do so, the latter construction must be adopted so
thereof or within the evil which the statute was designed to remedy,
as to allow full enjoyment of such fundamental right.
or which give the statute its generally accepted meaning to the end
that the most comprehensive application thereof maybe accorded, In case of doubt, strictly construed against the law in favor of
without being inconsistent with its language or doing violence to any common rights.
23
Common rights, examples. In case of doubt, against the government. It derogates private
Personal liberty, property, freedom of contract, exercise of rights to property and ownership.
any trade or profession
Statutes granting rights to laborers, how construed.
Statutes prescribing formalities of wills, how construed.
Statutes prescribing formalities of will.Statutes prescribing the In case of doubt, liberally construed in favor of labor, Labor law is
formalities to be observed in the execution of wills are strictly social legislation.
construed, ; a will must be executed in accordance with the
statutory requirements, otherwise it is entirely void. ; apply the Statutes granting tax exemptions, how construed.
intent of the legislators and not that of the testator, and the latter‘s Statutes granting tax exemptions.Taxes are what the people pay for
intention is frequently defeated by the non-observance of what the civilized society; lifeblood of the nation. The law frowns against
statute requires. exemptions from taxation. Laws granting tax exemptions are thus
construed strictissmi juris against the taxpayer and liberally in favor
In case of doubt, strictly construed against the validity of the will
of the taxing authority. Taxation is the rule and exemption is
since the testator is already dead. “Dead men tell no tale”. Failure
theexception. The burden of proof rests upon the party claiming
to comply with required written formalities. Fatal. The will cannot be
exemption to prove that it is in fact covered by the exemption so
admitted to probate.
claimed. Statutes granting tax exemptions are construed strictissimi
Naturalization laws, how construed. juris against the taxpayer and liberally in favor of the taxing
authority. Basis – to minimize the different treatment and foster
Laws on naturalization are strictly construed against an applicant for
impartiality, fairness and equality of treatment among taxpayers.
citizenship and rigidly followed and enforced. ; right of an alien to
For exemptions from taxation are not favored in law, nor are they
become a citizen by naturalization is a statutory rather that a
presumed. They must be expressed in the clearest and most
natural one, and it does not become vested until he files a petition
unambiguous language and not left to mere implications.
and establishes by competent and satisfactory evidence that he has
―exemptions are never presumed, the burden is on the claimant to
all the qualifications and none of the disqualifications specified by
establish clearly his right to exemption and an alleged grant of
law.
exemption will be strictly construed and cannot be made out by
In case of doubt, strictly construed in favor of the government inference or implications but must be beyond reasonable doubt. In
against the applicant. Requirements for naturalization must be other words, since taxation is the rule and exemption the intention
complied to the letter to ensure that undesirable aliens are not to make an exemption ought to be expressed in clear and
naturalized. unambiguous terms.
Stature conferring the right of eminent domain, how In case of doubt, strictly against the taxpayer. Taxation is the
construed. lifeblood of the government.
24
Prospective and retrospective interpretation, distinguished.
Prospective- applies to such facts and causes after its enactment. PENAL STATUTES
Retrospective – applies to such facts and causes before its
enactment. Penal statutes as a rule are applied prospectively. Felonies and
General rule: statutes are construed prospectively unless clearly misdemeanors are punished under the laws in force at the time of
stated otherwise in the statute.
their commission. (Art. 366, RPC).
In case of doubt, resolved against retrospective effect, in favor of
prospective construction. However, as an exception, it can be given retroactive effect if it is
Prospective statute – is a statute which operates upon acts and favorable to the accused who is not a habitual criminal. (Art. 22,
transactions which have not occurred when the statute takes effect, RPC).
The Civil Code of the Philippines follows the above rule thus: Laws CURATIVE STATUTES
Retroactive legislation is looked upon with disfavor, as a general administrative proceedings, and which are designed to give effect to
rule and properly so because of its tendency to be unjust and contracts and other transactions between private parties which
oppressive.
otherwise would fail of producing their intended consequences by
25
than the law required at the time of the commission
reason of some statutory disability or failure to comply with some of the offense;
- A law which assumes to regulate civil rights or
technical requirement. They are therefore retroactive in their
remedies only, but in effect imposes penalty or
character. deprivation of a right for something which when done
was lawful;
- A law which deprives a person accused of a crime of
Effect of retrospective application of law. some lawful protection to which he has become
entitled, such as protection of a former conviction or
- Takes away or impairs vested rights acquired under acquittal, or a proclamation of amnesty.
existing law.
- Creates new obligations. Test whether prohibition against ex post facto clause is
- Imposes new duties.
violated.
- Attaches disability in respect of transactions or
consideration already past
- Does the retroactive application of the law take from
the accused any right that was regarded at that time
Ex post facto law.
as vital for the protection of life and liberty?
Rule: No ex post facto laws shall be enactedMakes an act done
before the passage of the law and which is innocent when done, and
punishes such act.Applies only to criminal or penal matters and not
to civil laws
26
- If it favors the accused . determined from the language employed and the statute
- must be taken to mean exactly what it says. What is not
Exception to the exception. clearly provided in the law cannot be extended to those
- When the accused is a habitual delinquent. matters outside of scope. Where the law is clear, appeals to
- Where the later statute expressly provide that it shall justice and equity as justification to construe it differently are
not apply to existing statutes/actions or pending unavailing.Verba legis- plain meaning rule
cases.
- Accused disregards the later law and invokes the prior Where the statute is clear, plain and free from ambiguity, it must be
given its literal meaning and applied without interpelation.
statute under which he was prosecuted.
- Amendatory statute which renders an illegal act prior Index animi sermo est. - speech is the index of intention
to enactment legal is generally given retroactive
Dura lex sed lex.
effect unless it is expressly provide that such statute
the law may be harsh, but it is still the law
will not apply retroactively
- The reason for the rule is that the legislature must be presumed to
know the meaning of the words, to have used the words advisedly
Bill of Attainder, defined. and to have expressed its intent by the use of such words as are
Legislative act which inflicts punishment without judicial trial found in the statute
Rule: No bill of attainder shall be enactedBill of attainder is a
legislative act, which inflicts punishment Ratio legis.
In construing a statute, the court looks into the spirit and reason of
without judicial trial.If a law is bill of attainder, it is an ex post facto the law. If adherence to the letter of the law leads to absurdity,
injustice, contradictions or defeat the plain purpose of the law Ratio
law. If it is not an ex post facto law, it is not a bill of attainder.
legis applies.
-Bills of pains and penalties – if the punishment be less Apparent inaccuracies and mistakes in mere verbiage or
phraseology will be overlooked to give effect to the spirit of the law.
than death.
WHAT IS WITHIN THE SPIRIT IS WITHIN THE LAW The spirit of the
law controls the letter.Ratio legis – reason of the law
“may”- permissive and operates to confer discretion Guingona V Carague, GR No. 94571, April 22, 1991
“shall” – imperative with a duty to enforce FACTS:
Congress earmarked 86 billion for debt servicing and 27 billion for
Use of the word “may” in the statute generally connotes a education. This was challenged s unconstitutional because Section
permissible thing, and operates to confer discretion while the word 5, Article XIV of the 1987 Constitution says:
“ The State shall assign the highest budgetary priority to education
“shall” is imperative, operating to impose a duty which may be
xx”
enforced. HELD:
While it is true that it mandates Congress to assign the highest
The term “shall” may be either as mandatory or directory depending budgetary priority to education, it does not follow that the hands of
Congress are so hamstrung as to deprive it the power to respond to
upon a consideration of the entire provision in which it is found, its
the imperatives of national interest and for the attainment of other
object and consequences that would follow from construing it one state policies or objectives.
way or the other. The use of the word “shall” is not always mandatory, it may be
construed as merely directory depending on legislative intent or
- Depending upon a consideration of the entire provision, its nature, when the provision involved is not self-executing.
its object, and the consequences that would follow from construing
it one way or the other, the convertibility of said terms either as Special or technical meaning.
mandatory or directory is a standard recourse in statutory Words and phrases having technical or special meaning are
construction. construed in their technical sense.
This applies to terms with established trade, business, commercial
- It is well-settled that the word ―may‖ should be read as ―shall‖ or professional significance.
where such construction is necessary to give effect to the apparent Exception.
intention of the legislature. When intended otherwise by Congress or it defeats legislative
intent.
- The word ―may‖ will, as a rule, be construed as ―shall‖ where a
statute provides for the doing of some act which is required by
31
Illustrative case: Asiatic Petroleum Co., v Collector, 30 “any” – restrictive interpretation in some cases.
Phil. 510 Example: “Any female law student who does not wear corporate
FACTS: attire on a Wednesday is required to wear it everyday.”
A tax law provides that “no tax shall be collected on such article “every” – word of inclusion.
which before the taking effect of this Act, shall have been disposed Example: Every female law student in the University of San Carlos
of to persons other than manufacturers or wholesale dealer.” College of Law is required to wear corporate attire every
HELD: Wednesday.”
No. The oil was not “disposed of”. Had the legislature intended
“disposed of” to mean “sold and delivered”, it would have used the “Etcetera”.
latter phrase. The legislative evidently took into consideration the - And so forth
custom of merchants in using the phrase of “in its commercial and on the text of he Statute
not technical sense.” Grammar.
Rules for language
Conjunctive “and” and disjunctive “or”. The system of rules by which words are formed and put together to
make sentences.
“And” means conjunction connecting words or phrases expressing
Grammar, what rules apply.
the idea that the latter is to be added or taken along with the first. Ordinary rules of grammar to determine legislative intent.
Conjunctive article. Grammar, limitation.
Not conclusive if it defeats legislative intent.
“Or” is a disjunctive particle used to express as alternative or to
Rules on punctuation, tense ,gender, and number, degree of
give a choice of one among two or more things. It is also used to
aid.
clarify what has already been said, and in such cases, means “in Very little weight.
other words,” “to wit,” or “that is to say.” Disjunctive article Punctuation.
indicating an alternative.
32
Number VI. INTRINSIC AIDS IN CONSTRUCTION
Words importing singular number may be extended to several
persons or things. Unless it defeats legislative intent.
Intrinsic aids, defined.
Inaccuracies or clerical errors. In the printed page of the statute itself, you always see them within the face of the
May be corrected by the Court if it is necessary to carry out the
legislative intent. statute
Example:
“Courts of law” was encoded instead on “course of law”. That it is a The term “intrinsic” means internal or within. Intrinsic aids, therefore, are those aids
mere typographical error is evident. If uncorrected, it renders the within the statute.
law non-sensical. It must be corrected by the court as it is duty
bound to give statute a sensible construction.
Intrinsic aids are resorted to only if there is ambiguity. In resorting to intrinsic aids,
A man wrote a book entitled “How to Change your Life”. He was
uncertain if it sells, since it appears predictable, as many other one must go back to the parts of the statute: the title, the preamble, context or body,
books of similar theme were already published prior to it. To his chapter and section headings, punctuation, and interpretation.
surprise, 10 million copies were sold on the first week they were out
in the market. It turned out the title was inadvertently made “How
to Change your Wife”. GENERALLY : Where the meaning of a statute is ambiguous, the court may avail itself
of all legitimate aids to construction in order that it can ascertain the true intent of
Foreign language. the statue.
Revised Penal Code was approved in its Spanish text but translated
to English. In case of doubt, the Spanish prevails.
Intrinsic aids, enumerated.
FACTS: Context
Congress earmarked 86B for debt servicing and 27B for education. Punctuation and capitalization
This was challenged as unconstitutional because Section 5, Article Language or lingual text
XIV of the Constitution says “Congress is mandated to assign the Title
highest budgetary priority to education” in order to “ insure that Chapter, article and section headings
teachings will attract and retain its rightful share of the best Marginal notes
available talents through adequate remuneration and other means Preamble
of job satisfaction and fulfillment,” it does not thereby follow that Legislative definitions and interpretative clauses
Self-executing provisions: does not need an enabling law
PRE-FINALS:
33
b. Comma – also separates the parts and sentences, but less pronounced than
Context the comma.
The text surrounding word or passage. Words phrases or passages that come before c. Period – used to indicate the end of a sentence.
and after a particular word or passage in a speech or piece of writing and help
explain its full meaning.
Note: An argument based upon punctuation alone is not persuasive, and the courts
will not hesitate to change the punctuation when necessary, to give the statute the
They must be taken as a whole and in relation to one another.
effect intended by the legislature.
Reason for the rule: The statute is enacted as a whole and not in parts or sections.
If promulgated both in English and Spanish language. English prevails. (d)These secondary aids may be consulted to remove, but not to create, doubt nor to
limit or control the plain language of the law.
Title.
May resolve doubts as to its proper construction by extending or restraining its Marginal notes
purview or by correcting an obvious error. In case of doubt, resort may be had to the Marginal notes and heading summarize the effect of sections of an Act
title to determine legislative intent because it normally indicates it. where the wording of either marginal notes or headings seem to have a contradictory
meaning to the wording of the main body of an Act, the wording of the main body of
35
an Act should be followed. Marginal notes and headings are inserted when Act goes
for printing during its progress through Parliament; so are a little unreliable as an VII. EXTRINSIC AIDS IN CONSTRUCTION
indication of Parliament’s will.
Extrinsic aids, defined.
Notes written in a margin, usually handwritten and initialed.
These are existing aids from outside sources, meaning outside of the four corners of
the statute. If there is any doubt as to the meaning of the statute, the interpreter
Marginal notes, limitation: Resorted to only when such notes were in fact inserted
must first find that out within the statute.
under the authority of the legislature (needs approval from Congress).
Extrinsic aids therefore are resorted to after exhausting all the available intrinsic aids
Preamble.
and still there remain some ambiguity in the statute.
Introductory explanation. Not an essential part of the statute. May explain
ambiguities but not conclusive or controlling. Extrinsic aids resorted to by the courts are history of the enactment of the statute;
opinions and rulings of officials of the government called upon to execute or
Preamble, purpose: The key to the statute. To open the minds of the makers as to implement administrative laws; contemporaneous construction by executive officers;
the mischiefs to be remedied and objectives to be accomplished by the provision of actual proceedings of the legislative body; individual statements by members of
congress; and the author of the law.
the statute.
Other sources of extrinsic aids can be the reports and recommendations of legislative
1. That part of the statute written immediately after its title, which states the committees; public policy; judicial construction; and construction by the bar.
purpose, reason or justification for the enactment of the law.
2. Expressed in the ‘Whereas clause’
3. Usually omitted in statutes made by the congress. In its place, these an aid Extrinsic aids, where found.
in legislative bodies used the explanatory note to explain the reasons for the Extraneous facts and circumstances outside the printed page of the statute
enactment of statutes.
4. Not an essential part of a statute.
Extrinsic aids, enumerated.
(a) Thus, where the meaning of a statute is clear and unambiguous, the
History or realities existing at the time of the passage of the law
preamble can neither expand nor restrict its operation, much less
Legislative proceedings
prevail over its text.
Changes in phraseology
(b) It cannot be used as basis for giving a statute a meaning not apparent
Prior laws and judicial decisions
on its face. Contemporaneous and construction
5. It may clarify ambiguities (thus it is the key of the statute)
Consequences of alternative interpretations
6. It may express the legislative to make the law apply retroactively, in which
Objects
case the law has to be given retroactive effect, so as to carry out such intent Purpose
(PNB v Office of the President) Expediency
Occasion and necessity
Legislative definitions and interpretative clauses. Remedy provided
Such definition or construction should be followed by the Courts. Statutory definition Conditions of the country to be affected
supersedes the commonly accepted or a previous judicial definition. And other extrinsic matters
Resort to extrinsic aids, when.
36
Extrinsic aids are resorted to after exhausting all the available because of their involvement in the process of legislation, are knowledgeable of the
intrinsic aids and still there remain some ambiguity in the statute. intent and purpose of the law.
If all the intrinsic aids have been availed/exhausted and the ambiguity Contemporanea exposition est optima et fortissimo in lege - the contemporary
remains construction is strongest in law. (Contemporaneous construction, degree as aid.)
37
Debates and deliberations Illustrative case: EJERCITO V COMELEC, G.R. No. 212398, November 25,
Amendments and changes in phraseology 2014
The SC traced back at least 3 laws prior to the enactment of that one
WHAT CONSTITUTES LEGISLATIVE HISTORY particular law which disqualified ER Ejercito as elected governor of Laguna.
The main question there was, “If you are a main contributor to the campaign
A. all antecedents from the statutes inception until its enactment
funds for a particular candidate, is your contribution part of the computation to
into law.
determine if the particular candidate overspent his expenses in the elections?” And
(a) Includes the presidents message if bill was enacted in response of course, the SC (there was no ambiguity, it was only contested by Ejercito) said that
thereto consistent in the 3 laws, in computing for campaign expenses donations from 3 rd
party donors are included to check if that candidate has overspent or underspent.
(b) Explanatory note accompanying the bill
40
interpretation comes in the form of rules and regulations, circulars, directives, B. Supreme Court construes the applicable law in controversies which are ripe
opinions and rulings. for judicial resolution.
C. Moot and Academic cases- cases wherein:
Executive construction, kinds. 1. Purpose has become stale
Construction by an executive or administrative officer directly called to 2. Where no practical relief can be granted
implement the law 3. Which have no practical effect
May be expressed or implied D. The court may nonetheless resolve a moot case where public interest
Example of expressed or implied requires its resolution.
Example of expressed construction – circular, directive or regulation E. Laws are not interpreted in a vacuum, they are always decided based on
Example of implied construction – non-enforcement in certain situations, or facts. Thus, “LAWS ARE INTERPRETED ALWAYS IN THE CONTEXT OF THE
applying it in a particular manner PECULIAR FACTUAL SITUATION OF EACH CASE. THE CIRCUMSTANCES OF
It is interpretation by usage or practice TIME, PLACE, EVENT, PERSON AND PARTICULARLY ATTENDANT
CIRCUMSTANCES SHOULD BE TAKEN IN THEIR TOTALITY SO THAT JUSTICE
Construction by the Secretary of Justice
CAN BE RATIONALLY AND FAIRLY DISPENSED. (Philippines Today, Inc v NLRC)
In his or her capacity as chief legal adviser
Judicial construction
A judicial decision interpreting a statute is considered in construing similar
Executive construction, kinds.
subsequent statutes
Construction by the Secretary of Justice- It is in the form of opinions issued
upon request of administrative or executive officials who enforce the law.
Doctrine of STARE DECISIS.
Construction by an executive officer exercising quasi-judicial power -It is in 1. Stare decisis et non quieta movere – one should follow past precedents and
the form of a ruling in an adversary proceeding should not disturb what has been settled.
Reason for such doctrine: the supreme court has a duty not only of interpreting and
Legislative construction. applying the law but also in protecting the society from needless upheavals. Interest
Legslative interpretation – the legislature may provide an interpretation or reipublicae ut sit finis litium – interest of then state demands that there be an end to
declaration clause in a statue but they cannot limit or restrict the power granted to litigation.
courts. 2. A ruling in order to come within the doctrine of stare decision must be
1. While legislative interpretation is not controlling, courts may resort to it to categorically stated in the issue expressly raised by the parties; must be a
clarify ambiguity in the language. direct ruling.
2. Such legislative interpretation is entitled of respect especially if the 3. Rulings that are merely sub silencio are merely OBITER DICTUM.
executive department has similarly construed the statute. 4. This doctrine is not absolute because Supreme Court may change or
Legislative construction, form. abandon a precedent enunciated by it.
Indicated by the language of the later enactments Doctrine of stare decises et non quieta movere.
May be considered, but not controlling. One should follow precedents and should not disturb what has been settled
Judicial Construction. Doctrine of stare decisis, when applied.
A. The power and duty to interpret or construe a statue or the Constitution The ruling must be categorically stated on an issue expressly raised by the
belongs to the judiciary. parties on an issue expressly raised by the parties
Must be a direct ruling on substantially the same facts.
41
Determine the meaning to be assigned to words of common usage or technical
OBITER DICTUM. –an opinion of the court upon some question of law which terms.
is not necessary to the decision of the case before it; not binding)
Obiter dictum or obiter dicta Illustrative case: ZARI V FLORES, 94 SCRA 319 (1979
“other things said” Doctrine of implications and inferences.
a passing comment, an observation made by a judge incidental to the case Doctrine of necessary implication & inferences
being tried That which is implied in the statute is much a part of it as that which is
while authoritative, is not binding on future courts under the doctrine of expressed
stare decisis
An opinion expressed by the court upon some question of law which is not Doctrine of necessary implication, purpose.
necessary to the decision of the case before it It enables the court to draw inferences from legislative purpose and intent
It is not binding as a precedent In such a way as to determine whether certain minor or specific things are
covered by the general or broad terms used in the statute
Ratio decidendi or rationes decidendi.
“The reasons for the decision” Doctrine of necessary implication, reason.
Principles used by a judge when deciding Very rarely, if at all, are statutes framed with minute particularly as to cover
every conceivable situation
Ratio decidendi or ratio decidendi
the principles create a binding precedent Doctrine of necessary implication, nature of.
courts will have to follow the same decision iif a case with similar facts is This is not judicial legislation, but a method of discovery of legislative intent
presented through the logical process of deduction
A statutory grant of power carries with it, by implication, everything
obiter dictum & ratio decidendi, distinguished necessary to carry out the power or right and make it effectual and complete
Ratio decidendi – a binding precedent
Obiter dictum – a persuasive precedent Doctrine of necessary implication, limitation.
If it is not a part of legislative intent
Construction by the Bar. – They are always received with great respect and
consideration and may be resorted to for the purposes of determining the meaning CHUA VS CSC, 206 SCRA 65 (1992)
of the statute. Illustrative case: Chua vs. Civil Service Commission, GR No. 88979, February 7, 1992
Facts:
The meaning publicly given by the statute by long professional usage.
the Early Retirement and Voluntary Separation Law was enacted to
Presumed to be true but not controlling
streamline and trim down the bloated bureaucracy
Section 2 states in part:
Dictionaries and textbooks.
“the benefits under this Act shall apply to all regular, temporary, casual, and
Dictionaries generally define words in their natural, plain and ordinary acceptance
emergency employees, regardless of age, who have rendered atleast a total
and significance. Where the law does not define the words used in a statute and the of two (2) consecutive years of government service as of the date of
legislature has not intended a technical or special meaning to those words, the Court separation.”
may adopt the ordinary meaning of the words as defined in the dictionaries. “Uniformed personnel of the Armed Forces of the Philippines including
those of the PC-INP are excluded from the coverage of this Act.”
42
An employee of the National Irrigation Administration (NIA) applied to avail It says every statute is understood, by implication, to contain all such
of early retirement but it was denied. provisions as may be necessary to effectuate its object and purpose, or to
Instead, she was offered separation benefits make effective rights, powers, privileges or jurisdiction which it grants,
She went to the Civil Service Commission (CSC) but it affirmed the decision including all such collateral and subsidiary consequences as may be fairly
of NIA. and logically inferred from its terms.
She moved to reconsider but was still denied. the denial of the application is unreasonable, unjustified and oppressive.
Contention of the CSC: The application should be granted in the interest of substantial justice, after
The employment is co-terminous with a project, which is contractual in all, the employee served form almost 15 years.
nature.
As such, she is not one of those enumerated in the law, namely, regular, CoA v PROVINCE OF CEBU, G.R. No. 141386, November 29, 2001
temporary, casual, and emergency employees.
Thus, she is not covered by the law pursuant to the statutory construction Illustrative case: COA vs. Province of Cebu, GR No. 141386, November 29, 2001.
principle of expression unius est exclusion alterius. Facts:
The objective of the Separation Law is not really to grant separation or The Governor of Cebu appointed teachers who have no item in the DepEd
retirement benefits but reorganization to streamline government functions. plantilla to handle extension classes to accommodate students in public
Contention of the employee: schools.
the implementing guidelines of the Early Retirement Law enumerates The salaries and personnel-related benefits of these teachers were charged
employees who are excluded from the coverage. against the Special Education Fund (SEF)
They are experts and consultants, uniformed military and police personnel, Also charged against the SEF are scholarship grants of the province
appointed officials and employees, officials and employees who retired The CoA suspended the disbursement because salaries and grants are not
voluntarily prior to the law or those with pending cases punishable by chargeable against the SEF.
mandatory separation from service. Contention of CoA:
She does not belong to any of the excluded employees, hence she is Section 100(c)2 of the Local Government Code provides:
included. “the annual school board budget shall give priority to the following: x x x
Held: Establishment and maintenance of extension classes where necessary;”
There is no substantial difference between contractual, casual and
The legal maxim “expressio unius est exclusion alterius” applies
emergency employees.
Since salaries, personnel-related benefits and scholarship grants are not
A co-terminous employee is non-career civil servant, just like casual and among those authorized as lawful expenditures of the SEF under the Local
emergency employees. Governement Code, they should be deemed excluded.
It may be argued that Congress would not have specifically enumerated that Held:
employees to be covered had not the intention been to restrict its meaning
The contention of CoA is without merit
and confine its terms and benefits to the people expression unius est
It is an elementary rule in statutory construction that legislative intent
exclusion alterius.
controls interpretation of a statute.
It may also be argued that a person, object or thing omitted from an
Under the doctrine of necessary implication, the authority to open
enumeration must be held to have been omitted intentionally
extension classes chargeable against the SEF logically includes hiring of
Pursuant to the principle casus omissus pro omisso habendus est.
teachers and payment of their salaries and other benefits, even if hiring and
But adherace to these legal maxims results in incongruity and violates the payment were not specifically mentioned in the law.
equal protection clause of the Constitution. The service and salaries of these teachers are necessary and indispensable
The Maxim expression unius est exclusion alterius does not apply, but the to establish and maintain extension classes.
doctrine of necessary implication
43
Every statute is understood, by implication, to contain all such provisions As to existing laws
as may be necessary to effectuate its object and purpose, As to jurisdiction of courts
Or to make effective rights, powers, privileges or jurisdiction which it grants,
including all such collateral and subsidiary consequences as may be fairly
and logically inferred from its terms.
But a scholarship grant is neither necessary not indispensable to the
operation and maintenance of public schools.
Hence, the doctrine of necessary implication does not apply to it
Presumptions, basis.
Logic, experience and common sense.
Presumptions, examples.
Congress acted within the scope of its authority
Against violation of international law
Against extra-territorial operation of statutes
Against unconstitutionality
Against extra-territorial operation of statutes
Against unconstitutionality
Against inconsistency, injustice
Motive of Congress
In favor of beneficial operation of statutes
Against inconvenience, absurdity, and ineffectiveness of statutes
As to public policy
Against irrepealable laws, repeal, unnecessary changes in the laws, implied
repeals
Acquiescence to judicial construction
44
By enactment of an amendatory Act modifying or altering some provisions of the
statute wither expressly or impliedly
Express amendment
Specific sections or provisions sought to be amended
Example: a provision sought to be amended is quoted, followed by “is
hereby amended to read as follows:
Implied amendment
Does not specify sections or provisions but provides for a general phrase
46
otherwise be void for want of conformity with certain existing legal Similar subject found in various laws
requirements. Simplify complicated provisions
E.O. 797 is not a curative statute. It was not intended to remedy any defect And make them accessible and easily found
in the law.
It should thus be applied prospectively and should not affect jurisdiction Revision and codification, effects.
over cases filed prior to its efficacy. Insertion of new provisions – does not alter the construction of previous
Acts unless otherwise clearly intended
Erectors, Inc. Vs. NLRC Omission of old provisions – deemed repealed, unless the statute or code
Facts: A money claim arising out of overseas employment contract (OEC) provides, expressly or impliedly
was filed by an overseas Filipino worker with the Labor Arbiter. But, the repeal by revision or codification of former laws is possible only if
During pendency of the case however, a law was passed transferring the revised statute or code was intended to cover and perfect system itself
jurisdiction over money claims arising out of OEC from the Labor Arbiter to When both intent and scope clearly evince the idea of repeal, all omitted
the POEA. parts are deemed repealed.
Held: Jurisdiction is determined by the law at the time of commencement of action. MECANO v COMISSION ON AUDIT, 216 SCRA 500 (1992)
Once acquired, court proceeds to hear and decide. It is not divested by subsequent Illustrative case: Mecano vs. Commission on Audit, 216 SCRA 500 (1992)
amendatory act unless it expressly provides or is curative statute which may be given Facts: An NBI Director was confined for cholecystitis which coset him
retroactive effect hospital and medical expenses the he wants to be reimbursed.
He based his claim on Section 699 of the Revised Adminstrative Code (RAC)
Effect of nullity of prior or amendatory act. of 1917 which affords civil servants allowances in case of injusry, death, or
If the prior Act is declared invalid, the amendatory Act is also invalid sickness incurred in the performance of duty but it was denied by the
If the amendatory Act is invalid, the prior Act stays Commission on Audit (CoA).
Contention of CoA: Section 699 of the RAC was omitted in the
Administrative Code of 1987 hence deemed repealed.
Revision, defined.
Contention of CoA: Allowing Section 699 to remain in force argues against
Intends to re-examine the whole law, or of certain provisions which have the Adminstrative Code of 1987 itself which wheras clause says:
over-all implications for the entire law “the effectiveness of the Government will be enhanced by a new
Administrative Code which incorporate in a unified document the major
Amendment and revision, distinguished. structural, functional and procedural principles and rules of governance.”
Amendment alters one or a few specific and separable provisions whereas In effect, what is contemplated is only one code, the Administrative Code of
revision overhauls the entire law 1987.
Held: Section 699 of the Revised Administrative Code of 1987.
Codification, defined. Held: The repealing clause of the Administrative Code of 1987 says:
Enactment of various laws on the same subject matter into a single, “All laws, decrees, orders, rules and regulations, or portions thereof,
comprehensive statute inconsistent with this Code are hereby repealed or modified accordingly.”
It is to be considered as such and not as a series of disconnected articles or Since it did not specify the title or number of the law sought to be repeal,
provisions which has two categories.
One is where the provisions of the two laws on the same subject matter are
Revision and codification, purpose. irreconcilable.
To restate into one statute The other is where the enactment of a statute revising or codifying the
former laws on the whole subject matter.
47
But the second category is possible only if: Except: if intent to change the construction is very clear, especially if the change or
The revised statute or code was intended to cover the whole subject to be a omission is material as to indicate intent to depart from the previous construction of
complete and perfect system in itself the old laws
It revises the whole subject matter of the statute
Both intent and scope evince the idea of repeal
It is clear intent of the legislature to substitute the prior Act. Rearrangement of sections
The Administrative Code of 1987 does not fall under this category, because Rearrangement of sections – does not change the operation, effect or meaning of
the intent is clear that it covers the aspects of administration organization statute unless changes are of such nature as to clearly manifest legislative intent to
and procedure only. change old laws
It also does not fall under the first category because there is no
irreconcilable conflict between the provisions of both laws. Repeal, defined.
Lastly, implied repeal is not favored.
Recalling, revoking or abrogation of a statute by another.
The presumption is against repugnancy or inconsistency because the
legislature is presumed to know the existing laws on the subject and not to
Repeal, who has authority.
have enacted inconsistent or conflicting statues.
Thus, even if Section 699 of the Revised Administrative Code of1917 was The legislature, subject to constitutional limitations
omitted in the Administrative Code of 1987, it remains in force in the Section 1, Article VI, the Legislative Department, 1987 Constitution.
absence of irreconcilable inconsistency, apart from the fact that it was not “The legislative power shall be vested in the Congress of the Philippines
specifically identified for repeal. which shall consist of a Senate and a House of Representatives, except to the
extent reserved to the people by the provision on initiative and
referendum.”
Mecano vs. CoA
Facts: A claim for reimbursement was denied because the provision of law it Constitutional prohibition against passage of irrepealable laws.
invoked was omitted in the subsequent law. Except to the extent reserved to the people by the provision on initiative and
Held: Mere omission of a probision in the subsequent law does not result in referendum.
amendment or repeal unless it expressly provided. Non-delegability of legislative power
Otherwise, it is deemed an implied repeal which may either be due to Prohibition against enactment of irrepealable laws
irreconcilable differences between the prior and subsequent law or the They are not found in the text of the Constitution because the are mere
enactment of a subsequent law revising or codifying the old laws is intended corollaries in the nature of implied substantive limitations.
to cover the whole subject to be a complete and perfect system in itself.
CITY OF DAVAO v RTC, GR No. 127383, August 18, 2005
Change in phraseology Illustrative case: City of Davoa vs. RTC, G.R. No. 127383, August 18, 2005.
Change in phraseology – mere change in phraseology does not imply that the First, that Section 33 of P.D. 1146 be expressly and categorically repealed by
lawmakers intended to change the construction of the old laws law;
Second, that a provision be enacted to substitute the declared policy of
General Rule: neither change in phraseology nor omission or addition of words alters exemption from any and all taxes as an essential factor for the solvency of
the construction of former Acts the GSIS fund.
These requisites for repeal have not been satisfied by the LGC.
Contention of the local government unit:
48
the exemption granted to GSIS under Section 33 of PD 1146 was effectively
withdrawn uopm the enactment of the LGC which further says that special Repeal, kinds of.
laws like PD 1146 which are inconsistent with it are repealed or modified Repeal, Kinds of.
accordingly. Total – revokes the statute completely
Held: concededly, the second condition prescribed by section 33 of P.D. 1146 Partial – leaves unaffected portions in force
does not appear to be met as no provision is found in the Local Government Express – declaration in a repealing clause that a particular and specific law
Code of 1991 that substitutes the declared policy of exemption from any and is sought to be repealed, by identifying the number or title
all taxes as an essential factor for the solvency of the fund. Implied – all other repeals are deemed implied repeals
but the amendatory second paragraph in Section 33 introduced by P.D. 1981 Failure to add the repealing clause indicated that there is not intent to
is fundamentally flawed. repeal any existing law
This unorthodox condition effectively imposes restrictions on the Unless there is irreconcilable inconsistency
competency of Congress to enact future legislature on the taxability of GSIS. In which case it is deemed an implied repeal
This places undue restrain on the plenary power of Congress to amend or
repeal laws in violation of the prohibition against the passage of Repeal, kinds of.
irrepealable laws. Even if there is a repealing clause but if fails to identify or specify the law
Irrepealable laws are prohibited because they deprive succeeding sought to be repealed, it is still an implied repeal
legislatures of the fundamental best senses carte blanche in crafting laws. Example: “All laws or parts thereof which are inconsistent with this Act are
Reynato S. Puno once said, “to be sure, there are no irrepealable laws just as hereby repealed or modified accordingly.”
there are no irrepealable Consitutions.” The intent is not to repeal any existing law on the matter, unless there is
“Change is the predicate of progress and we should not fear change.” irreconcilable inconsistency
Xxx Laws are repealed only by the enactment of subsequent laws, not by
it may be argued that section 33 does not preclude repeal of tax-exempt violation, non-observance, disuse of customs and contrary practice.
status of the GSIS, but merely imposes conditions for its validity.
But if these conditions are honored, they have the precise effect of limiting
the power of Congress.
Repeal by implication, conditions.
Thus, the same rationale for prohibiting irrepealable laws applies in
prohibiting restraints on future amendatory laws. There must be sufficient revelation of the intent to repeal, which must be
The present legislature cannot bind future legislature to particular mode of very clear.
repeal. It cannot declare in advance the intent of subsequent legislatures.
Repeal by implication, categories or modes.
City of Davao vs. RTC Irreconcilable conflict between provisions of two Acts.
Facts: GSIS refused to any real property taxes to the local government unit Conditions: two statutes cover the same subject matter and object
because of a prior exempting law setting two conditions for repeal which Clearly inconsistent and incompatible with each other
were not met by the subsequent law. That they cannot be harmonized
Held: the conditions set by the prior law place undue restraint on the Both cannot be given effect
plenary power of Congress to amend or repeal laws in violation of the That is, that one law cannot be enforced without nullifying the other
prohibition against passage of irrepealable laws.
the present legislature cannot bind future legislature to a particular mode of Repeal by implication, categories or modes.
repeal. It cannot declare in advance the intent of future legislatures. If the subsequent Act covers the whole subject of the prior Act and is
clearly intended as a substitute
49
Of the same subject matter but different objects, the two laws can stand While the two provisions differ in terms, neither is this fact sufficient to
together, although they refer to the same subject matter cause repugnance.
In order to effect implied repeal, the two statutes must be so irreconcilably
repugnant and inconsistent with each other.
ILLUSTRATIVE CASES:
The following standard of irreconcilability resulting in implied repeal must be
Aguejetas vs. CA, 261 SCRA 17 (1996) satisfied:
Facts: the members of the Provincial Board of Canvassers were convicted of 1. Both laws deal with thew same subject matter
the election offense under Section 231 of the Omnibus Election Code (OEC). 2. The latter law must be inconsistent with the earlier law.
This after they proclaimed the losing candidate as eighth elected board 3. Repugnancy is clear and convincing in character.
member. 4. The language used in the latter must be such that as to render it
Contention of the canvassers: irreconcilable with the prior law.
The election offense for which they were convicted is repealed by R.A. 6646
and R.A. 7166 which amended the OEC by deleting or adding certain An inconsistency that fally short of this standard does not suffice because implied
provisions. repeal is not favored.
Paragraph 2, Section 231 of the OEC states:
The presumption is against inconsistency and accordingly, against implied repeal
“The respective board of canvassers shall prepare a certificate of canvassers
because Congress is presumed to know the existing laws on the same subject and not
shall prepare a certificate of canvass duly signed and affixed with the imprint
to enact inconsistent statutes.
of the thumb of the right hand of each member, supported by a statement
of the votes and received by each candidate in each polling place and, on
Hagad vs. Gozo-Dadole, 251 SCRA 241 (1995)
the basis thereof, shall proclaim as elected the candidtates who obtained
Facts: Criminal and administrative complaint were filed against Mayor
the highest number of votes cast in the province, city municipality or
Alfredo Ouano and other members of the Sanguniang Panglungsod (SP)
barangay. Failure to comply with this requirement shall constitute an
with the office of the Deputy Ombudsman for the Visayas for violation of the
election offence.”
Revised Penal Code and R.A. 6713.
This was modified by Section 28 of R.A. 7166 by removing the specific
the complainants moved to preventively suspend Mayor Ouano and other
manned by which the winning candidates are proclaimed.
respondents.
Thus, it repealed the second paragraph, Section 231 of the OEC under which
Mayor Ouano opposed the motion ad moved to dismiss the complaint.
they were convicted.
Contention of Mayor Ouano and other respondents:
Held: Sec. 231 was not expressly repealed by the amending and repealing
clause of R.A. 7166 which says: The Deputy Ombudsman is without jurisdiction to try, hear and decide the
administrative complaint.
“Sec. 39. Amending and Repealing Clause. – Sections 107, 108 and 245 of
the Omnibus Election Code are hereby repealed. x x x They argued that under Section 63 of the Local Government Code of 1991
(LGC), the power to investigate and impose administrative sanctions,
x x x Likewise, the inclusion in Section 262 of the Omnibus Election Code of
including preventive suspension against local officials, is now vested with the
the violations of Sections 105, 106, 107, 108, 109, 110, 111 and 112 as
Office of the President (OP).
among election offenses is also hereby repealed. This repeal shall have
retroactive effect.” Under Secs.61 and 63 of the LGC, the OP, not the Office of the Ombudsman,
has jurisdiction over administrative complaints against any elective official of
Neither is there implied repeal
a province, highly urbanized city or independent component city.
While Sec. 231 of the OEC and Sec. 28 of R.A. 7166 pertains to the
Contention of complainants:
canvassing by the Board of Canvassers, this fact along is not sufficient to
cause an implied repeal.
50
The LGC could not have repealed, abrogated or otherwise modified the Indeed, the SC said, there is nothing in the LGC to indicate that it repealed,
pertinent provisions of the power to investigate cases against elective local expressly or impliedly, the Ombudsman Act.
officials. The two statutes on the specific matter in question are not so inconsistent or
The power of the Ombudsman to investigate local officials under the irreconcilable.
Ombudsman Act is unaffected by the provisions of LGC. Two laws on the same subject matter, which prevails.
But the Deputy Ombudsman denied the motion to dismiss and even placed Between two irreconcilably inconsistent laws, the subsequent law prevails
mayor Ouano and other respondents under preventive suspension. because it is the latest expression of legislative will, and Congress is
Mayor Ouano and other respondents petitioned to prohibit and restrain the presumed to know the earlier law.
Deputy Ombudsman before the Regional Trial Court of Mandaue City which Legis posteriors priores contrarias abrogant – subsequent statute repeals
granted it. earlier law repugnant to it.
The respondent judge applied the rule of statutory construction that
endeavor to harmonize two laws to make each effective. Illustrative case: David vs. Comelec, G.R. No. 127116, April 8, 1997
Since the investigatory power of the Ombudsman Act is general, broad and
vague as opposed to the LGC which provides for well defined Contention of the Commission on Elections:
And specific grounds for administrative disciplinary action, the LGC could be The repealing clause of the LGC “includes all laws, whether general or
considered an exception to the authority and administrative power of the special, inconsistent with the provisions of the Local Government Code.”
Ombudsman to investigate local elective officials. David and Rillon cannot claim a term longer than 3 years because they were
Issue: whether the authority of the Ombudsman to investigate local elective elected under the aegis of the LGC which fixed the term of 3 years only.
officials under the ombudsman act of 1989 has been divested by virtue of Held: The legislative intent is very clear, shorten the term of office of
the subsequent enactment of the LGC of 1991. Barangay officials to 3 years only.
held: the petition is meritorious. First, the LGC was enacted later than R.A. 6679.
Sec. 21 of the Ombudsman Act says: Sec. 43© of the LGC fixed the term of office of barangay officials at 3 years
??? whereas Sec. 1 of R.A. 6679 fixes it at 5 years.
Sec. 24 grants the Ombudsman authority to “preventively suspend any Both laws refer to barangay officials elected on the second Monday of May
officer or employee under his authority pending an investigation x x x” 1994
Whereas Sec. 61(a) of the LGC provides: There being irreconcilable inconsistency between the two laws, implied
“A complaint against any elective official of a province, a highly urbanized repeal applies.
city, an independent component city or component city shall be filed before While it is true that R.A. 6679 is a special law and should prevail pursuant to
the Office of the President.” the doctrine of generalia specialibus non derogant, the LGC is not
Thus, respondent insist that conformably with Sec. 63(b), preventive necessarily a general law.
suspension can only be imposed by the President if the respondent is an The LGC is a codified set of laws that specifically applies to local government
official of a province, highly urbanized city or an independent component units.
city. Section 43(c) specifically fixes the term of office of elective barangay officials
Contention of the Solicitor-General: at 3 years, a special provision that applies only to those elected on the
While the LGC may have conferred on the OP disciplinary authority over second Monday of May 1994.
local elective officials, it is not exclusive. The Constitution did not expressly prohibit Congress from fisixng any term of
The LGC did not withdraw the power of the Ombudsman to investigate local office for barabgay officials.
elective officials vested by the Ombudsman Act conformable with a It merely left the determination of such term to the full discretion of the law-
constitutional mandate. making body in accordance with the exigencies of public service.
51
To strike down a law as unconstitutional, there must be a clear and To carry out the full legislative intent by giving effect to all laws and
unequivocal showing that what the Constitution prohibits, the statute provisions on the same subject matter.
permits. In pari material rule, limitation.
They miserably failed to discharge this burden to show clearly the It cannot be invoked where the language of the law is clear and
unconstitutionality they aver. unambiguous.
It does not apply to private acts and is highly disfavored.
Mecano v COA
David v COMELEC, GR No. 127116, April 8, 1997 General and special law, rule on repeal.
General law does not repeal a prior special law on the same subject matter
unless clearly intended by the legislature.
52
Repeal, effect on actions, pending or otherwise. Proviso, defined.
Defeats all actions and proceedings, including those pending and pending Condition precedent. Generally introduced by the word “provided:”
appeal, arising out of or based on the statute. It is a clause on a preceding enactment to restrain or modify the enacting
clause, or of excepting something from its operation which otherwise would
Repeal, effect on vested rights. have been without it, or of excluding some possible ground of
Does not impair rights accrued prior to the repeal. misinterpretation of it, as by extending it to cases not intended by the
legislature to be brought within its prurview.
Repeal, effect on contracts.
Proviso, function.
Does not affect the terms of contract, nor impair the rights of parties.
It applies even if the other contracting party is the government. To create a condition precedent, to exempt, limit, restrict or qualify a
statute, in whole or in part.
To limit the application of the law, and not to enlarge it s operation
Repeal, effect on tax laws.
Does not preclude collection of taxes assessed prior to the repeal, unless
otherwise provided.
Exception, defined.
Enumeration of what should not be covered by the general rule.
Repeal, effect on penal laws.
Exception and proviso, distinguished.
Example: the absolute repeal of the Anti-Subversion Act entitles the accused to the
dismissal of the case against him as the offense no longer exost and the court is Exceptions exempts while proviso sets conditions.
deprived of jurisdiction.
Reason: the legislative intent is to legalize what has been decreed as illegal. Exceptions, how construed.
Except: if the repealing act re-enacts the statute and penalizes the same act, even if Strictly, especially where the statute promotes public welfare.
the penalty is lower
The repealing act contains a saving clause that pending cases are not affected. Saving clause, defined.
A clause which exempts special things out of the general things mentioned
Repeal, effect on municipal charter. in the law.
Abolishes all offices under the old charter.
Thus, conversion of a municipality to a city abolishes all municipal positions Saving clause, purpose.
unless otherwise provided. To preserve something, as existing rights or causes of action or pending
proceedings, from immediate interference by operation of a statute.
Repeal or nullity of repealing law, effects.
When the repealing law expressly repealing a prior law is itself repealed, the Saving clause, limitation.
prior law is not revived unless otherwise provided. Inoperative if entirely inconsistent with the purview of the law.
When the repealing law expressly repealing a prior law is declared
unconstitutional, the prior law remains in force.
IX. CONSTRUCTION OF CONSTITUTION
Constitution, defined.
53
It is a written instrument where fundamental powers of the government are Section 7, Article XIII of the Constitution says:
established , limited and defined, distributed among several departments for their “the State shall protect the rights of subsistence fishermen, especially of
safe and useful exercise for the benefit of the body politic. local communities, to the preferential use of the communal marine and fishing
Constitutional construction, primary purpose. resources, both inland and offshore”
To determine the intent of the framers as expressed in the language to assure its How do you construe the phrase “subsistence fishermen”? It should be construed in
realization. its ordinary meaning
Constitutional construction, applicability of rules of statutory construction. Which is? It refers to those whose catch yields are just enough for their livelihood or
(examples of applicable rules of statutory construction) subsistence.
Verbal egis or the plain meaning rule Ordillo v Commission on Elections, 192 SCRA 100 (1992)
Ratio legis est anima or words are interpreted according to the intent What are the facts of the case?
Ut magis valeat pereat or the Constitution is to be interpreted as a whole. Congress enacted RA 6766, an organic act for the Cordillera Autonomous Region
Constitution, how construed. (CAR) to be composed of the provinces of Benguet, Mountain Province, Ifugao, Abra,
AS a whole, no provision is to be separated from all the others. Kalinga- Apayao and the City of Baguio. But it was overwhelmingly rejected by the
What if there are conflicting provisions? They should be harmonized. people in a plebiscite called for the purpose, except for the province of Ifugao. Thus,
Liberally or strictly? Liberally, to accomplish its high objectives and carry out general Comelec resolved that the CAR was approved only by the people in Ifugao province.
principles of government. Thus, Congress set the date of election. The keywords provinces, cities, municipalities
Is there an exception to liberal construction? Yes where it grants governmental an geographical areas connote that “region” means two or more provinces. It should
powers in derogation of the inherent and natural rights of the people. be construed according to its common use and ordinary meaning. The 13 regions into
So, can we say it may be construed either way? Yes, since constitutional construction which the country is divided for administrative purposes are groupings of contiguous
is a question of intention. provinces.
Should we construe the Constitution according to the previling circumstances? No, it What about he provisions in RA 6766, do they reveal what is contemplated by the
should be construed uniformly. It should not change together with the fluctuations of term “region”?
public sentiment. YES, Section 2 contemplates development of provinces cities, municipalities whereas
Amendments to Constitution, how construed. Section 4 contemplates regional assembly districts
They should be harmonized with the existing provions. What is your one-liner for this case?
What if they cannot harmonized, which prevails, the existing provisions or the Words in the Constitution should be understood in their common use and ordinary
amendment? meaning, thus, the term ”region” as ordinarily used in the 13 regions in the country
The amendent prevails. refers to groupings of contiguous provinces.
Language of Constitution, how construed. The keyword provinces, cities, municipalities and geographical areas connote that
They should be construed in their common use and ordinary meaning. “region” means two or more provinces.
Except? When technical terms are used
Why are they construed in their ordinary meaning? Between words with restricted and general meanings, which prevail.
The Constitution is not primarily a lawyer’s document. It is the expression of
The general meaning prevails
the sovereign will of the people.
Except?
If the context indicates that the limited sense is intended.
Illustrative provision:
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What is the reason for this rule? for purposes of synchronization of elections, hereby extended to noon of June 30,
The Constitution is an organic law that deals with broader subjects 1992.
What are the criticisms against the 1987 Constitution? Who is the incumbent president then?
That it is excessively long and verbose In applying history or realities, the SC said it is a matter of public record and common
It sounds like a political speech rather than a formal document stating only public knowledge that the ConCom refers to incumbent President Corazon C. Aquino
basic precepts. and Vice-President Salvador H. Laurel, and to no other persons.
It includes topics that have no place in the Constitution like sports, love, What do proceedings of the convention include?
drugs. And even advertising and rhythm and harmony of nature. They include debates, interpellations and opinions.
But worse, it uses tortuous language like the following masterpiece of Can we resort to proceedings right away?
circumlocution: No, resort to proceedings may only be had if other extrinsic aid fail.
ARTICLE XVI, Section 10:
“The State shall provide the policy environment for the full development of Montejo v COMELEC, 242 SCRA (1995)
Filipino capability and the emergence of communication structures suitable to FACTS:
the needs and aspirations of the nation and the balanced flow of information The province of Leyte and the cities of Tacloban and Ormoc are composed of 5
into, out of, and across the country, in accordance with a policy that respects the legislative districts.
freedom of speech and of the press.” So, what was the problem of the petitioner then?
To this, Justice Isagani A. Cruz reacted: EXCUSE ME? Montejo, who is the representative of the first district of claimed that the transfer of
municipalities resulted in inequitable distribution of inhabitants and voters and
Intrinsic aid to constitutional construction. violates the equality of representation ordained in the Constitution. He said that the
Language or words of the Constitution. first district has 178k voters whereas the second district has 156k voters or a
difference of 22k voters.
Extrinsic aids to constitutional construction, enumerated. What did he want the COMELEC to do then?
1. History or realities existing at the time of the adoption of the He wanted the COMELEC to transfer Tolosa, which had 7k, from the first to the
Constitution second district.
2. Proceedings of the constitutional convention
How did the Comelec defend its resolution?
3. Changes in phraseology
4. Prior laws and judicial decisions Its adjustment of municipalities involved the least disruption of the territorial
5. Construction of US Constitutional provisions composition of each district.
6. Contemporaneous construction and writings IT complied with the constitutional requirement that each legislative district shall
7. Consequences of alternative construction comprise, as far as practicable, contiguous, compact and adjacent territory.
8. Construction given by executive officers Section 2 of the Ordinance appended to the Constitution authorizes it to make minor
adjustments in redistricting.
ILLUSTRATIVE CASE: (History or realities) How did the Supreme Court resolve the issue?
In re Bermudez, 145 SCRA 116, 162 (1986)
Article XVIII, Section 5 of the Constitution states that the six-year term of the Why?
incumbent President and Vice-President elected in the February 7, 1986 election is,
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The COMELEC is without jurisdiction to apportion legislative districts and the phrase “MR. DAVIDE. That is not even a minor correction. It is a substantive one.”
”minor adjustments” refer to the instance where a municipality was omitted in the
enumeration of those composing the legislative district. What is the value of changes in phraseology as an extrinsic aid?
How did the SC construe “minor adjustments”? It may be inquired into to ascertain the intent of the provision as finally approved.
From the debates and interpellations of the Constitutional Commission. Is mere deletion of a word or phrase conclusive?
The question of who has authority to apportion legislative districts is clearly No, as it may have been omitted to avoid superfluity.
answered in the following deliberations: Example:
“MS . AQUINO. I have to object to the provision which will give mandate to the “no person shall be compelled in a criminal case to be a witness against himself”
COMELEC to do the redistricting. Redistricting is vitally linked to the baneful practices was changed to “no person shall be compelled to be a witness against himself”.
of cutting up areas or spheres of influence; in other words, gerrymandering. This What is the intent why the phrase “in a criminal case” was omitted?
Commission, being nonpartisan, a nonpolitical deliberative body is in the best The intent is to make it available in cases other than criminal.
possible situation under the circumstances to undertake that responsibility.XXX” Why are prior laws and judicial decisions considered extrinsic aids?
“ MR. OPLE. Xxx We know that the reapportionment of provinces and cities for the The Constitution is written in reference to existing statutory laws at the time.
purpose of redistricting is generally inherent in the constituent power or in the Why is the construction by the US Supreme Court of the US Constitutional
legislative power. Xxx” provisions available as extrinsic aids?
“Mr. SARMIENTO. May I move that this Commission do the reapportionment of Most provisions on police power, eminent domain, taxation and bill of rights were
legislative districts.” taken or patterned after the US Constitution.
How did the Constitutional Commission vote? When do we apply contemporaneous construction?
The results show 30 votes in favor and none against; the motion is approved.” When there is substantial doubt and ambiguity
But what is the extent of authority granted to Comelec the phrase “minor What is the value of the writings of Constitutional Convention delegates as extrinsic
adjustments” in Section 2 of the appended Ordinance? aid?
The Constitutional Commission deliberation show that it is limited to those omitted: They have persuasive effect.
“MR.DAVIDE.xxxThe authority conferred would be on minor corrections or What happens when a constitutional provision is susceptible of more than one
amendments, meaning to say, for instance, that we may have forgotten an interpretation?
intervening municipality in the enumeration, which ought to be included in one That construction which leads to absurd, impossible or mischievous circumstances
district. That we shall consider a minor amendment.” must be rejected.
“MR. DE CASTRO.xxxCan it be possible that one municipality in a district be
transferred to another district and call it a minor adjustment? Marcelino v Cruz, GR No. 42428, March 18, 1983. 121 SCRA 51
MR.DAVIDE.That cannot be done, Mr. Presiding Officer. Minor, meaning, that there What happened in this case?
should be no change in the allocations per district. However, it may happen that we Petitioner was charged with the crime of rape. ON August 4, 1975, he rested his case.
have forgotten a municipality in between which is still in the territory of one assigned On September 4, 1975, he submitted his Memorandum. On November 28, 1975, the
district or there may be an error in the correct name of a particular municipalityxxx” Judge submitted with the Deputy Clerk of Court his decision for promulgation.
“MR. DE CASTRO. So the minor adjustment which the Comelec cannot do is that, if, Notices of promulgation were sent to all parties involved.
for example, my municipality is in the first district of Laguna, they cannot put that in What was the ground for resting?
any other district.”
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The trial court lost jurisdiction over the case for failure to decide the case within 90 When the time prescribed to decide a case was incorporated for reasons of
days from date of submission for resolution. The 3-month period prescribed by expediency, it is deemed merely procedural.
Section 11 (1) of Article X of the 1973 Constitution, being a constitutional directive, is Why is construction made by executive officers given weight?
mandatory in character. Section 11(1) of Article X says: Because they are the first to interpret the law.
“Upon the effectivity of this Constitution, the maximum period within which a case or IS there a condition before it is given weight?
matter shall be decided or resolved from the date of its submission, shall be eighteen Yes, provided that it has been construed for a considerable period of time.
months for the Supreme Court, and, unless reduced by the Supreme Court, twelve
months for all inferior collegiate courts, and three months for all other inferior Mandatory or directory character of constitutional provisions.
courts,” Are constitutional provisions mandatory or directory?
Article VIII, Section 15 (1) of the 1987 Constitution says: Generally, they are mandatory in nature.
“All cases or matters filed after the effectivity of this Constitution must be decided or What are the exceptions?
resolved within twenty-four months from the date of submission for the Supreme If expressly provided
Court, and unless reduced by the Supreme Court, twelve months for all lower By necessary implication
collegiate courts and three months for all other lower courts. A different intention is manifested
How did the Supreme Court resolve the issue of timeliness? Why are they generally mandatory?
The case was submitted for decision on September 4, 1975 and the Judge rendered It is the sovereign itself that speaks, laying down rules which for the time being
his decision on November 28,1975 hence only 85 days have lapsed. control both the government and the governed.
How did the Supreme Court construe the constitutional provision prescribing time To hold that any of the constitutional provisions is to be obeyed or disregarded at the
to decide? will or pleasure of the legislature is a dangerous doctrine.
It was construed as merely directory. It lowers the dignity befitting the fundamental law of the land.
Why?
To make it mandatory would make judges lose jurisdiction over the cases if they fail Preamble and titles, how construed.
to decide on time, which consequence will cause greater injury to the public. How are preamble and title construed?
Does it follow that litigants are powerless if the judge delays to resolve cases? They may furnish evidence of the meaning and intention of the Constitution, but they
Not necessarily, the judge may be administratively liable. are given little weight.
What is your one-liner for this case?
Constitutional provisions are to be construed as mandatory, unless by express Constitutional prohibitions(?) , how construed.
provision or by necessary implication, a different intention is manifest, or if they How are constitutional provisions construed?
relate merely to matter of procedure. They are construed positively and unequivocally.
Constitutional grant of power, how construed.
How is constitutional grant of power construed?
Poe v COMELEC, GR No. 221697, March 8, 2016
It is construed as a mandate, and not a mere direction.
What does such grant of power include?
IT includes all such particular and auxiliary powers necessary to make it effectual.
How do we know that a provision relates to matter of procedure?
But what if the means for the exercise of a grant of power are specified in the
Constitution?
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All other means are deemed excluded.
Prospective or retroactive application.
How are constitutional provisions applied, prospectively or retroactively?
Prospectively, unless otherwise intended.
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