Statutory Construction Reviewer (Dayrit 2018)

V.
Basic
1 Guidelines in Statutory
Construction .............. 11
A. Verba Legis (Plain Meaning

STATUTORY CONSTRUCTION Rule) ....................... 11
REVIEWER [DAYRIT 2018] Table of B. Statutes as a Whole: Ut res magis valen
Contents I. Statutory Construction, quam
Defined ................................. 2
pereat ..................................................................
II. The Objective of Statutory ... 12
Construction ................... 3
C. Spirit and Purpose of the Law: Ratio legis est
(Legislative anima
Intent) ......................................................... 3
legis .....................................................................
III. The Requisites for Statutory .... 13
Construction ................ 4
D. Doctrine of Necessary Implication: Ex
Necessitate
IV. Statutes in Legis ...................................................................

General ................................................... 6 ..... 14
A. The Power to Make E. Casus Omissus pro omisso habendus

Laws ...................................... 6 est ............ 15
B. The Passage of a F. Stare

Law ............................................ 6 Decisis ........................................................ 15
C. The Constitutional
Test ......................................... 7
VI. USE OF WORDS AND
D. Parts of a PHRASES ............................... 17
Statute .................................................. 7
A. Ubi lex non distinguit nec nos distinguere
E. Kinds of debemos
Statutes ................................................... 8
.............................................................................
F. Void for Vagueness ... 17
Doctrine ................................. 9
B. Ejusdem
G. Kinds of Repeal: Express v. Generis ................................................. 17
Implied ...................... 9
C. Expressio Unius Est Exclusio
H. Statutes vis a vis Alterius .................. 19
Ordinances .............................. 10
D. Noscitur A
Sociis ................................................. 19
E. Use of Negative and Affirmative
Words .............. 19 VIII. Intrinsic
Aids ......................................................... 27
F. Use of Permissive and Imperative
Words ............ 20 IX. Extrinsic
Aids ........................................................... 28
G. Use of Conjunctive and Disjunctive
Words ......... 21 X. Strict and Liberal
Interpretation ............................... 30
I. Use of a
“Proviso” ................................................ 21 A. Penal
Statutes ..................................................... 30
VII.
Presumptions ......................................................... C. Labor and Social
23 Legislations............................... 31
A. Against D. Election
Unconstitutionality................................. 23 Rules ..................................................... 31
C. Against Implied XI. Prospective and Retrospective

Repeals ...................................... 24 Statutes.................. 33
D. Against XII. Conflicting

Ineffectiveness ....................................... 25 Statutes ................................................ 35
E. Against XIII. Statutory Construction and the

Absurdity ................................................ 25 Constitution ........ 39
F. Against Violations of International

Law ............... 26
Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]
B. Against
Injustice .................................................. 23
B. Tax
Laws .............................................................. 30
2
STATUTORY CONSTRUCTION REVIEWER
The art of finding out the true
The drawing of conclusions, sense of any form of words, that
respecting subjects that lie
I. Statutory Construction, Defined
is, the sense which their author
beyond the direct expressions of intended to convey, and of
the text, from elements known enabling others to derive from
from and given in the text;
▪ The art or process of discovering and expounding the
them the same idea which the
conclusion which are in the spirit, meaning and intention of the authors of the law with
author intended to convey.
though not within the letters of respect to its application to a given case, where that
the text.
intention is rendered doubtful, among others by reason of the fact that the given case is not
explicitly provided for in the law (Caltex [Philippines], Inc. vs. Palomar, 18
Note: Both processes may be used in seeking the
SCRA 247)
legislative intent in a given statute. If legislative intent is not clear after the completion of
interpretation, then the
▪ The art of seeking the intention of the legislature in
court will proceed to subject the statute to construction.
enacting a statute and applying it to a given state of facts (Martin, Statutory Construction)
▪ Branch of the law dealing with the interpretation of laws enacted by a legislature (American
Jurisprudence)
Note: Where legislature attempts to do several things one of which is invalid, it may be
discarded if the remainder of the act is workable and in no way depends upon the invalid
portion, but if that portion is an integral part of the act, and its excision changes the manifest
intent of the act by broadening its scope to include subject matter or territory which was not
included therein as enacted, such excision is “judicial legislation” and not statutory construction
Construction and Interpretation, Distinguished
Interpretation Construction Process of discovering the true
Drawing of conclusions with meaning of the language used
respect to subjects that are beyond the direct expression of the text from elements known and given in the text The
court will resort to this when it endeavors to ascertain the meaning of a word found in a statute, which when
considered with the other words in the stature, may reveal a meaning different from that apparent when the word is
considered abstractly or when given its unusual meaning.
The court resorts to this when the court goes beyond the language of the statute and seeks the assistance of
extrinsic aids in order to determine whether a given case falls within the statute
Limited to exploring the written text
Can go beyond and may call in the aid of extrinsic considerations
Does
3 the phrase “private communication” in the
statute include private conversations? Yes
II. The Objective of Statutory First, legislative intent is determined principally from
Construction (Legislative Intent) the language of a statute. Where the language of a
statute is clear and unambiguous, the law is applied
▪ To ascertain the meaning and intention of the according to its express terms, and interpretation
legislature, to the end that the same may be would be resorted to only where a literal
enforced. interpretation would be either impossible 11 or
absurd or would lead to an injustice.
Note: This meaning and intention must be sought
first in the language of the statute itself, for it must Section 1 of R.A. 4200 entitled, " An Act to Prohibit
be presumed that the means employed by the and Penalized Wire Tapping and Other Related
legislature to express its will are adequate to the Violations of Private Communication and Other
purposes and do express that will correctly. Purposes," provides:
To determine the true intent of the legislature, the Sec. 1. It shall be unlawful for any person, not
particular clauses and phrases of the statute should being authorized by all the parties to any private
not be taken as detached and isolated expression. communication or spoken word, to tap any wire
or cable, or by using any other device or
arrangement, to secretly overhear, intercept, or
Doctrine #1 Legislative
record such communication or spoken word by
intent is determined principally from the language of
using a device commonly known as a
a statute
dictaphone or dictagraph or
detectaphone or walkie-talkie or tape recorder,
Socorro Ramirez v. Hon. Court of Appeals and or however otherwise described.
Ester S. Garcia (G.R. No. 93833, September 25,
1995) 1. Does R.A. 4200 apply to taping of a
1. The statute's intent to penalize all persons
private conversation by one of the parties? Yes 2.
unauthorized to make such recording is provides:
underscored by the use of the qualifier "any".
Where a marriage between a Filipino citizen and a
2. Communication connotes the act of sharing or foreigner is validly celebrated and a divorce is
imparting, as in a conversation. thereafter validly obtained abroad by the alien
spouse capacitating him or her to remarry, the
Gerbert R. Corpuz v. Daisylyn Tirol Sto. Tomas Filipino spouse shall likewise have capacity to
and the Solicitor General, G.R. No. 186571, August remarry under Philippine law.
11, 2010 Does the second paragraph of Article 26
of the Family Code extend to aliens the right to Legislative Intent: The provision was enacted to
petition a court of this jurisdiction for the recognition avoid the absurd situation where the Filipino
of a foreign divorce decree? No spouse remains married to the alien spouse who,
after obtaining a divorce, is no longer married to the
Art.26 of the Family Code Filipino spouse.

no 4case or controversy, there is no way for the
court to construe or interpret a law.
III. The Requisites for Statutory ▪ There is ambiguity in the law involved in
Construction the controversy The law involved is susceptible of
two or more interpretations. Ambiguity exists if
▪ There must be an actual case or reasonable persons can find different meanings in
controversy A case must be brought to the court by a statute.
party litigants to hear and settle disputes. If there is
Note: Only when the law is ambiguous or of “illegitimate children” be strictly construed to refer
doubtful meaning may the court interpret or only to spurious children? No
construe its true intent.
Article 992 of the civil Code,
Doctrine #1 When the provides:
law speaks in clear and categorical language, there
is no room for interpretation, vacillation, or
An illegitimate child has no right to inherit ab
equivocation, there is room only for application.
intestato from the legitimate children and
relatives of his father or mother; nor shall such
Director of Lands v. Court of Appeals (G.R. No. children or relatives inherit in the same manner
102858, July 28, 1997) Can the land registration from the illegitimate child.
court validly confirm and register the title of private
respondents in the absence of publication in a
Clearly the term "illegitimate" refers to both natural
newspaper of general circulation? No
and spurious. The above provision (iron curtain
rule) is clear, and therefore must only be applied.
Sec. 23 of P.D. 1529 read as
follows:
Doctrine #3 Only when the law
xxx The is ambiguous or of doubtful meaning may the court
Commissioner of Land Registration shall cause interpret or construe its true intent.
notice of initial hearing to be published once in
the Official Gazette and once in a newspaper of
Abello et al. v. Commissioner of Internal Revenue
general circulation in the Philippines:
et al. (G.R. No. 120721, February 23, 2005) Are
xx political contributions considered gifts and
x therefore, liable for donor’s tax? Yes
The law used the term “shall” in prescribing the Section 91 of the National Internal Revenue Code
work to be done by the Commissioner of Land (NIRC) reads:
Registration. The said word denotes an imperative
and thus indicates the mandatory character of a
(A) There shall be levied, assessed, collected
statute. Admittedly, there was failure to comply with
and paid upon the transfer by any person,
the explicit publication requirement of the law. The
resident or non- resident, of the property by gift,
law is unambiguous and its rationale clear.
a tax, computed as provided in Section 92 (B)
Doctrine #2 When the law is
The tax shall apply whether the transfer is in
clear, it is not susceptible of interpretation. It must
trust or otherwise, whether the gift is direct or
be applied regardless of who may be affected,
indirect, and whether the property is real or
even if the law may be harsh or erroneous.
personal, tangible or intangible.
Olivia S. Pascual and Hermes Pascual v.

Article 725 of said Code defines
Esperanza C. Pascual Bautista, et al. (GR No.
donation as:
84240, March 25, 1992) Should the term
5
...an act of liberality whereby a person disposes

gratuitously of a thing or right in favor of another,
who accepts it.
Taken together with the Civil Code definition of

donation, Section 91 of the NIRC is clear and
unambiguous, thereby leaving no room for
construction.
Doctrine #4 The first

and fundamental duty of the Courts is to apply the
law
People of the Philippines v. Mario Mapa Y

Mapulong (G.R. No. L-22301, August 30, 1967) Is
being a secret agent to a provincial governor justify
the crime of illegal possession of firearm and
ammunition? No
The law is explicit that except as thereafter

specifically allowed, "it shall be unlawful for any
person to . . . possess any firearm, detached parts
of firearms or ammunition therefor, or any
instrument or implement used or intended to be
used in the manufacture of firearms, parts of
firearms, or ammunition. The law cannot be any
clearer. No provision is made for a secret agent. As
such he is not exempt.
Doctrine #5 The duty of

the Courts is to apply the law disregarding their
feeling of sympathy or pity for the accused.
People of the Philippines v. Patricio Amigo (G.R.

No. 116719, January 18, 1996) Can an accused
plead for sympathy to the courts due to his harsh
penalty? No
Dura Led Sed Lex (The law is harsh, but it is
the law)

6
IV. Statutes in General
3.1 Period of Debates and Amendments Immediately after the second reading, the bill is set for
A. The Power to Make Laws
open debates where members of the House may
▪ Lodged in the legislative department
propose amendments and insertions to the proposed bill. If the Senate/ Congress is not happy
with the
▪ The legislative power shall be vested in the Congress of the Philippines which consist of a
Senate and a House of Representatives (Article VI, Section 1, 1987 Philippine
substitute bill, it will be sent back to the committee. After the amendments, the said House will
vote to approve the bill as amended.
Constitution)
Note: After the amendments and insertions to the proposed bill, the ideal bill as conceived by
the author B. The Passage of a Law
may no longer be an ideal bill or vice versa, i.e., it may become a better bill after deliberations
and debates
HOW DOES A BILL BECOME A LAW?
which should be the proper case.
3.2 Printing of Final Copies of Bill STEP #1: FILING OF BILL
After the approval of the bill in its 2nd reading and at A bill should first be filed by a congressman
or senator,
least three (3) calendar days before its final passage, who must affix his signature in the
proposed bill stating
the bill is printed in its final form and copies thereof his purpose. The bill will then be calendared
for the first
distributed to each of the members of such House reading.
unless the President certifies the necessity of the immediate enactment of the bill to meet a
public calamity or emergency. STEP #2 FIRST READING OF BILL In the first reading, the bill is
read by its number and title only. There are no deliberations here yet. There
STEP # 4 THIRD READING OF BILL will only be recommendations on what committee it
The bill is then calendared for the 3rd and final reading. will be referred to.
At this stage, no amendment shall be allowed. Only the title of the bill is read. 2.1 Committee
Hearings When a bill is referred to an appropriate committee, a public hearing of related bills will
be conducted, where all necessary parties, persons, organizations or sectors
4.1 Voting Such House will then vote on the bill. The votes shall be determined by yeas and
nays of the members that is of societies involved will be invited to obtain their
entered in the Journal. A majority of members present reactions and feelings on the proposed
bill. Then after
constituting a quorum is sufficient to pass the bill. the public hearing, the committee shall decide
whether or not to report the bill favourably or
Note: Quorum is 51% of the number of the body or 50% whether a substitute bill should be
considered.
+ 1 depending on their internal rules.
Note: Should there be an unfavourable report of the
Note: If the NO vote wins, the proposed bill is dead. committee, then the proposed bill is dead.
Upon favourable action by the appropriate committee, the bill is returned to House where it
originated and shall be calendared for the second reading. 4.2 Repeat the Same Process with
the Other House
After the 3rd and final reading at one House where the bill originated, it will go to the other house
where it will undergo the same process, meaning another three readings on separate days.
STEP #3 SECOND HEARING OF BILL In the 2nd reading, the bill is read in its entirety.
STEP #5 RECONCILIATION OF BILLS After the approval of the bill on the three readings of
both Houses, the bill is sent to the bicameral conference committee where there will be
7
reconciliation of the 2 versions of the bill from both
that they may have opportunity of being heard thereon houses.
by petition or otherwise, if the shall so desire.
2. Three Readings and No Amendment
STEP #6 APPROVAL & SIGNING OF BILL (CONGRESS) After the said reconciliation, the bill
will be returned to the plenary for voting. If approved by both houses, the Speaker and the
Senate President will sign it, and it will
No bill passed by either House shall become a law unless it has passed three readings on
separate days, and printed copies thereof in its final form have been distributed to each member
three days before its passage, except when become an enrolled bill.
the President certifies to the necessity of its immediate enactment to meet a public calamity or
emergency. Upon the last reading of a bill, no amendment there to shall be allowed, and the
vote thereon shall be taken immediately STEP #7 SUBMISSION OF BILL (PRESIDENT)
thereafter, and the yeas and nays entered in the journal After the bill has been finally passed, it
will be submitted to the president.
(Art. VI, Sec. 26 [2], 1987 Constitution)
7.1 Approval & Signing or Vetoing of Bill If he approves the same, he shall sign it; otherwise he
shall veto it and return the same with his objections to
3. Executive Approval and Veto Power The President shall have the power to veto any
particular item or items in an appropriation, revenue, or tariff bill, the house where it originated,
which shall enter the
but the veto shall not affect the item or items to which he objections at large in its Journal and
proceed to
does not object (Art. VI, Sec. 27 (2), 1987 Constitution). reconsider it.
(See above discussion on steps of a passage of a bill)
7.2 Overriding the Veto of the Bill If, after such reconsiderations, 2/3 of all the members
D. Parts of a Statute
of such House shall pass the bill, it shall be sent, with the objections, to the other house, by
which it will also
1. Title be reconsidered, and if approved by 2/3 of the
The title of a statute is the heading on the preliminary members of that House the bill shall
become a law. For
part, furnishing the name by which the act is individually it to become effective, it shall need to
be published.
known. It is usually prefixed to the statute in the form of
Every bill passed by Congress shall be acted upon by the President within thirty (3) days from
receipt thereof. Otherwise, it shall become laws as if he had
a brief summary of its contents; as “An Act providing a special procedure for the reconstitutions
of Torrens Certificate of Title Certificate of Title lost or destroyed.”
signed it.
2. Preamble C. The Constitutional Test
That part of a statute explaining the reasons for its enactment and the objects sought to be
accomplished. 1. “One Title-One Subject” Rule
Usually, it starts with the word “whereas”. Generally, a Every bill passed by Congress shall
embrace only one
preamble is a declaration by the legislature of thre subject which shall be expressed in the title
thereof (Art.
reasons for the passage of the statute and is helpful in the VI, Sec. 26 [1], 1987 Constitution)
interpretation of any ambiguities within the statute to which it is prefixed. The purposes of this
constitutional requirement are: 1. To prevent hodgepodge or log-rolling legislation
3. Enacting Clause 2. To prevent surprise or fraud upon the legislature.
That part of the statute which declares its enactment and 3. To fairly apprise the people, through
such publications
serves to identify it as an act of legislation proceeding of legislative proceedings as is usually
made, of the
from the proper legislative authority. “Be it enacted” is subjects of legislation that are being
considered, in order
the usual formula used to start this clause.
4. Body
8 The main and operative part of the statute
containing its substantive and even procedural
provisions. Proviso and exceptions may also be administrative, criminal, and international
found in the body of the statute. law, concerned with the organization of the state,
the relations between the state and the people who
5. Repealing Clause That part of the statute which compose it, the responsibilities of public officers to
announces the prior statutes or specifies provisions the state, to each other, and to private persons, and
which have been abrogated by reason of the the relations of states to one another. Public law
enactment of the new law. may be general, local, or special law.
6. Saving Clause A restriction in a repealing act, 5. Private Law Those portions of the law which
which is intended to save rights, pending defines, regulates, enforces, and administers
proceedings, penalties, etc., from the annihilation relationships among individuals, associations and
which would result from an unrestricted repeal. corporations.
7. Separability Clause That part of the statute which 6. Remedial Statute A statute providing means or
provides that in the even that one or more method whereby causes of action may be
provisions are declared void or unconstitutional, the effectuated, wrongs redressed and relief obtained.
remaining provisions shall still be in force.
7. Curative Statute A form of retrospective
8. Effectivity Clause That part of the statute which legislation which reaches back into the past to
announces the effective date of the law. operate upon past events, acts or transactions in
order to correct errors and irregularities and to
render valid and effective many attempted acts
E. Kinds of which would otherwise be ineffective for the
Statutes purpose intended.
1. General Law One that affects the community at

8. Penal Statute A statute that defines criminal
large. A law that relates to a subject of a general
offenses and specify corresponding fines and
nature, or that affects all people of the state or all of
punishments.
a particular class.
9. Prospective Law A law applicable only to cases

2. Special Law A law is special when it is different
which shall arise after its enactment
from others of the same general kind or designed
for a particular purpose, or limited in range or
confined to a prescribed field of action on 10. Retrospective Law A law which looks backward
operation. or contemplates the past; one which is made to
affect acts or facts occurring, or rights occurring,
before it came into force.
3. Local Law A law which relates or operates over a
particular locality instead of over the whole territory
of the state. 11. Affirmative Statute A statute couched in the
affirmative or mandatory terms. One which directs
the doing of an act, or declares what shall be done
4. Public law A general classification of law,
in contrast to a negative statute which is one that
consisting generally of constitutional,
prohibits a thing from being done, or declares what
shall not be done.

9
12. Mandatory Statutes Generic term describing statutes which require and not merely permit a
course of action. They are characterized by such directives as “shall” and not “may”.
A “mandatory” provision in a statute is one the omission of which renders the related
proceedings void, while a “directory” provision is one the observance of which is not necessary
to the validity of the proceedings. It is also said that when the provision of a statute is the
essence of the thing required to be doe, it is mandatory; otherwise, when it relates to form and
manner, and when an act is incidental or acquired after jurisdiction, it is merely directory.
F. Void for Vagueness Doctrine A statute is vague, and therefore facially invalid, if it lacks
comprehensive standards that men of common intelligence must necessarily guess at its
meaning and differ as to its application.
It is repugnant to the Constitution in two respects: (1) It violates due process for failure to accord
persons, especially the parties targeted by it, fair notice of the conduct to avoid. (2) It leaves law
enforcers unbridled discretion in carrying out its provisions and becomes an arbitrary flexing of
the Government muscle.
But the act must be utterly vague on its face, that is to say, it cannot be clarified by either a
saving clause or by construction.
Coates v. City of Cincinnati (402 U.S. 611, 1971) The U.S. Supreme Court struck down an
ordinance that had made it illegal for “three or more persons to assemble on any sidewalk and
there conduct themselves in a manner annoying to persons passing by.”Clearly, the ordinance
imposed no standards at all “because one may never know in advance what annoys some
people but does not annoy others.
Note: Coates, highlights what has been referred to as a “perfectly vague” act whose obscurity is
evident on its face. It is to be distinguished, however, from legislations couched in imprecise
language but which nonetheless
specifies a standard though defectively phrased in which case, it may be “saved” by proper
construction.
It must further be distinguished from statutes that are apparently ambiguous yet fairly applicable
to certain types of activities. In that event, such statutes may not be challenged whenever
directed against such activities.
(Cited Jurisprudence in the Book)
Parker vs. Levy A prosecution originally under the U.S. Uniform Code of Military Justice
(prohibiting, specifically, “conduct unbecoming an officer and gentleman”), the defendant, an
army officer who had urged his men not to go to Vietnam and called the Special Forces trained
to fight there thieves and murderers, was not allowed to invoke the void for vagueness doctrine
on the premise that accepted military interpretation and practice had provided enough
standards, and consequently, a fair notice that his conduct was impermissible.
Estrada vs Sandiganbayan In upholding the constitutionality of the Plunder Act which was
assailed as unconstitutional for being vague, the Supreme Court held: “The test in determining
whether a criminal statute is void for uncertainty is whether the language conveys a sufficiently
definite warning as to the proscribed conduct when measured by common understanding and
practice. It must be stressed, however, that the “vagueness” doctrine mere requires a
reasonable degree of certainty for the statute to be upheld – not absolute precision or
mathematical exactitude.
G. Kinds of Repeal: Express v. Implied
Express Repeal Implied Repeal Abrogation or annulling of a previously existing law by the
enactment of a subsequent statute which declares that the former law shall be revoked and
abrogated.
Happens when a later law contains provisions so contrary to/irreconcilable with those of the
earlier law that only one of the two statutes can stand in force.
1
0
Two Categories of Implied

Repeal
(1) Irreconcilable Inconsistency Where provision in

the two acts on the same subject matter are in an
irreconcilable conflict that they cannot be reconciled
or harmonized.
(2) Substitution If the later act covers the whole

subject of the earlier one and is clearly intended as
a substitute.
H. Statutes vis a vis Ordinances An ordinance is an

act passed by the local legislative body in the
exercise of its law-making authority.
Under the LGC of 1991, the legislative bodies of

the local government are the sangguniang
barangay for each barangay; the sangguniang
bayan for the municipality; the sangguniang
panglungsod for the city; and the sanggunang
panlalawigan for the province.
All these local legislative bodies have the authority

to approve ordinances and pass resolutions for
effective and efficient local governance.
Test of Valid Ordinance 1. It must not contravene
the Constitution or any statute 2. It must not be
unfair or oppressive 3. It must not be partial or
discriminatory 4. It must not prohibit but may
regulate trade 5. It must be general and consistent
with public policy 6. It must not be unreasonable
Note: In case of conflict between an ordinance and

a statute, the ordinance must give way.
Ratio: Municipal governments are only agents of

the national government, who exercise only
delegated legislative powers by Congress. The
delegate cannot be superior to the principal or
exercise powers higher than those of the latter.

statute,
1 there should be no departure.
1
Globe Mackay Cable and Radio Communications
V. Basic Guidelines in Statutory v. National Labor Relations Commission and
Construction Imelda Salazar (G.R. No. 82511, March 3, 1992)
Can a company dismiss their employee even if
A. Verba Legis (Plain Meaning Rule) If the there is no evidence to show an authorized, much
language of the statute is plan and free from less a legal, cause for the dismissal? No
ambiguity, and expresses a single, definite, and
sensible meaning, that meaning is conclusively Art. 279 of the Labor Code reads: ...An employee
presumed to be the meaning which the legislature who is unjustly dismissed from work shall be
intended to convey. entitled to reinstatement without loss of seniority
rights and other privileges and to his full
In other words, the statute must be interpreted backwages.
literally. The explicit declaration of the legislature is
the law, and the courts must not depart from it. If a statute is clear, plain and free from ambiguity, it
must be given its literal meaning and applied
Doctrine #1: Verbal without attempted interpretation.
legis non est recedendum, or from the words of a
Doctrine #2 When the (G.R. No. 177333, April 24, 2009) Can the words
language of the law is clear, it should be given its “games” and “amusement” in the said statute be
natural meaning. interpreted to include “games of chance”? No
Felicito Basbacio v. Office of the Secretary of the The words “game” and “amusement” have definite
Department of Justice (G.R. No. 109445, and unambiguous meanings in law which are
November 7, 1994) Under R.A. 7309, is one’s clearly different from “game of chance” or gambling.
acquittal proof that one was unjustly accused? No
R.A. 7309, sec. 3(a) provides for the payment of Bolos v. Bolos (G.R. No. 186400, October 20,
compensation to “any person” who was unjustly 2010) Does the phrase refer “Under the Family
accused, convicted, imprisoned but subsequently Code” of Sec. 1 of AM No. 02-11-10-SC refer to
released by virtue of a judgment of acquittal.” marriages or petitions? It refers to marriages.
The law is clear. Sec 3(a) requires an unjust
accusation, conviction, and imprisonment. The fact
that one is acquitted is not proof that he was The law reads as follows: This Rule shall govern
unjustly accused. petitions for declarations of absolute nullity of void
marriages and annulment of voidable marriages
under the Family Code of the Philippines.
An accused may be acquitted not because he is
innocent of the crime charged, but because his guilt
is not proven beyond reasonable doubt and the (The marriage in this case was solemnized before
evidence presented is only sufficient to sustain a the FC took effect. The petitioner is arguing that
civil action for damages. “under the Family Code” refers to petitions and not
marriages because her annulment will not be
granted if it refers to marriages).
Doctrine #3 Where the words
of a statute are clear, plain, and free from
ambiguity, it must be given its literal meaning and The categorical language of A.M. No. 02-11-10-SC
applied without attempted interpretation leaves no room for doubt. The coverage extends
only to those marriages entered into during the
effectivity of the Family Code which took effect on
PAGCOR v. Philippine Gaming Jurisdiction Inc. August 3, 1988.

consideration
1 of the statute as a whole and not
merely
2 of a particular provision. A statute should be
construed as whole because it is not to be
B. Statutes as a Whole: Ut res magis valen quam presumed that the legislature has used any useless
pereat (Construction is to be sought that which words, and because it is dangerous practice to
gives effect to the whole of the statute) base the construction upon only a part of it, since
one portion may be qualified by other portions.
Legislative intent must be ascertained from a

Doctrine #1: In 18, 1991) Is the levy on attachment in favor of the
interpreting a statute, care should be taken that petitioner dissolved by the insolvency proceedings
every part be given effect. against respondent spouses commenced 4 months
after said attachment? No
JMM Promotions and Management, Inc. v. National
Labor Relations Commission and Ulpiano L. De Petitioner: Section 32 of the Insolvency Law
Los Santos (G.R. No. 109835, November 22, 1993) provides that an insolvency proceeding It shall
Should a petitioner still be required to post an dissolve any attachment levied within one month
appeal bond to perfect its appeal from a decision of next preceding the commencement of the
the POEA to the NLRC after having posted a total insolvency proceedings.
bond of P150,000 and placed in escrow the amount
of P200,000 as required by the POEA Rules? Yes Respondents: Section 79 of the said law provides
that when an attachment has been made and is not
Respondent: Rule VI, Section 6 of the new Rules of dissolved before the commencement of
Procedure of the NLRC provides that “an appeal by proceedings in insolvency, or is dissolved by an
the employer may be perfected only upon the undertaking given by the defendant, if the claim
posting of a cash or surety bond”. upon which the attachment suit was commenced is
proved against the estate of the debtor, the plaintiff
may prove the legal costs and disbursements of the
Petitioner: Section 4 and Section 17, Rule II, Book
suit, and of the keeping of the property, and the
II of the POEA Rules provides that the bonds (paid
amount thereof shall be a preferred debt.
by the petitioners) shall answer for all valid and
legal claims arising from violations of the conditions
for the grant and use of the license, and/or The provision of the above-quoted Section 32, of
accreditation and contracts of employment. the Insolvency Law is very clear — that
attachments dissolved are those levied within one
(1) month next preceding the commencement of
The POEA Rules are clear. A reading thereof
the insolvency proceedings and judgments vacated
readily shows that in addition to the cash and
and set aside are judgments entered in any action,
surety bonds and the escrow money, an appeal
including judgment entered by default or consent of
bond in an amount equivalent to the monetary
the debtor, where the action was filed within thirty
award is required to perfect an appeal from a
(30) days immediately prior to the commencement
decision of the POEA.
of the insolvency proceedings. In short, there is a
cut off period — one (1) month in attachment cases
Section 6 complements Section 4 and Section 17. and thirty (30) days in judgments entered in actions
The rule is that a construction that would render a commenced prior to the insolvency proceedings.
provision Section 79, on the other hand, relied upon by
inoperative should be avoided; instead, apparently private respondents, provides for the right of the
inconsistent provisions should be reconciled plaintiff if the attachment is not dissolved before the
whenever possible as parts of a coordinated and commencement of proceedings in insolvency, or is
harmonious whole. dissolved by an undertaking given by the
defendant, if the claim upon which the attachment
Radiola Toshiba Philippines, Inc. v. The suit was commenced is proved against the estate
Intermediate Appellate Court (G.R. No. 75222, July of the debtor. Therefore, there is no conflict
between the two provisions.

two1 statutory interpretation, that which better serves
the3 purpose of the law should prevail.
Doctrine #3 The Elena Salenillas and Bernardino Salenillas v. Hon.

intention of the legislator must be ascertained from
Court of Appeals et al. (G.R. No. 78687, January
the whole text of the law and every part of he act is
31, 1989) Is a daughter of a patentee disqualified
to be taken into view. from being a legal heir of her parent’s property
when she had acquired the property through sale
Hannah Eunice Serana v. Sandigabayan (G.R. No. and not through inheritance? No
162059, January 22, 2008) Does the
Sandiganbayan have jurisdiction over the crime of Section 119 of the Public Land Act provides that
estafa even if that crime was not among those “every conveyance of land acquired under the free
offenses enumerated in R.A. 8249 (which further patent or homestead provisions, when proper, shall
defined the jurisdiction of the SB) over which the be subject to
SB has jurisdiction? Yes repurchase by the applicant, his widow, or legal
heirs within a period of five years from the date of
P.D. 1606 (which created the SB) provides that the the conveyance.
SB has jurisdiction over “other other offenses or
felonies” committed by public officials in relation to Respondent’s Interpretation: The petitioner is not
their office. Plainly, estafa is one of those felonies. among the “legal heirs” mentioned because she
acquired the property through sale and not through
C. Spirit and Purpose of the Law: Ratio legis inheritance
est anima legis (The reason of the law is the
soul of the law) Petitioner’s Interpretation: I am a legal heir because
I am the daughter of the patentee. Hence, I can
When the interpretation of a statute according to repurchase the property.
the exact and literal import of its words would lead
to absurd or mischievous consequences, or would To indorse the distinction made by the private
thwart or contravene the manifest purpose of the respondent would be to contravene the very
legislature in its enactment, it should be construed purpose of Section 119 of the Public Land Act
according to is spirit and reason, disregarding or which is to give the homesteader or patentee every
modifying, so far as may be necessary, the strict chance to preserve for himself and his family the
letter of the law. land that the State had gratuitously given him as a
reward for his labor in clearing and cultivating it.
Note: Still use plain meaning rule if statute is
unambiguous Doctrine #2 When the reason of law ceases,
the law itself ceases
Doctrine #1 Between
B/Gen. Jose Commendador et al. v. B/Gen. again.
Demetrio Camera et al. (G.R. No. 96948, August 2,
1991) Did P.D. 39, which created the Military Doctrine #3 What is
Tribunals and disallowed peremptory challenges, controlling is the spirit and intent, not the letter, of
ceased when Martial Law was terminated, and the law
military tribunals were dissolved? Yes
With the termination of martial law and the

In the Matter of Application for the Issuance of a
dissolution of the military tribunals created
Writ of Habeas Corpus Richard Brian Thornton for
thereunder, the reason for the existence of P.D. No.
and in behalf of the minor child Sequeria Jenifer
39 ceased automatically. Therefore, the withdrawal
Delle Francisco Thornton (G.R. No. 154598,
of the right to peremptory challenge became
August 16, 2004)
ineffective. Peremptory challenges are now allowed

the1 test.
4
In order to meet the test, the implication must be so
Can the CA have jurisdiction to issue writs of strong in its probability that the contrary thereof
habeas corpus in cases involving custody of minors cannot be reasonably supposed.
even if R.A. 8369 gave family courts “exclusive
jurisdiction over petitions for habeas corpus”? Yes
Note: Intent as expressed must prevail over the
intent reached by implication. If the intent is
The intention of R.A. 8369 was not to revoke the expressed, there is nothing that can be implied.
jurisdiction of CA and SC, in which such revocation
will result to lack of recourse on the part of those
seeking relief. Doctrine #1 What is
implied in a statute is as much a part thereof as that
which is expressed.
A literal interpretation of the word “exclusive” will
result in grave injustice and negate the policy to
protect the rights and promote the welfare of Lydia O. Chua v. The Civil Service Commission et
children under the Constitution and the UN al. (G.R. No. 88979, February 7, 1992) Can a co-
Convention on the Rights of the Child. terminous employee avail of the benefits of R.A.
6683 when the law only provides benefits for
regular, temporary, casual, and emergency
D. Doctrine of Necessary Implication: Ex employees? Yes
Necessitate Legis (From the necessity of the law)
A co-terminous employee is a non-career civil

The implications and intendments arising from the servant, which has no fixed term, like casual and
language of a statute are as much a part of it as if emergency employees. The court sees no solid
they had been expressed. But it is only the reason why the latter
necessary implications which may thus be read. are extended benefits under R.A. 6683 but the
Mere desirability and plausibility alone will not meet
former are not. Education
Fund Law
Every statute is understood, by implication, to 1% with a
contain all such provisions as may be necessary to limit of 3% in
effectuate its object and purpose, or to make the total tax
effective rights, powers, privileges or jurisdiction 1% with a
which it grants, including all such collateral and limit of 3% in
subsidiary consequences as may be fairly and the total tax
logically inferred from its terms. 1
%
1
City of Manila and City Treasurer v. Judge Amador %
E. Gomez et al. (G.R. No. L-37251, August 31, 1
1981) Is a tax ordinance, that provided for %
additional one-half percent realty tax, valid? Yes
Allowed Real
Realty Tax Property
Percentage Tax Code
to be (By
Collected By Ordinance)
the City 1⁄2 % - 2% 1⁄2 %
Council 1⁄2 % - 2% 1⁄2 %
Realty Tax
Percentage
that are Total 3%
Actually
Collected
Realty Tax The doctrine of implications in statutory
Percentage construction sustains the City of Manila's contention
that are that the additional one-half percent realty tax is
Actually sanctioned by the provision in section 4 of the
Collected Special Education Fund Law that "the total real
property tax shall not exceed a maximum of three
Revised per centum.
Charter of
Manila The obvious implication is that an additional one-
1 1⁄2% 1 1⁄2 % half percent tax could be imposed by municipal
1 1⁄2% 1 1⁄2 % corporations. Inferentially, that law fixed at two
percent the realty tax that would accrue to a city or
Special municipality.
another
1 term. In the new law, or Section 54 of the
Revised
5 Election Code, justices of the peace were
just called "judges."
E. Casus Omissus pro omisso habendus est (a
person or thing omitted from an enumeration must Our law-making body has consistently prohibited
be held to have been omitted intentionally) justices of the peace from participating in partisan
politics. They were prohibited under the old Election
It is when a statute makes specific provisions in Law since 1907 (Act No. 1582 and Act No. 1709).
regard to several enumerated cases or objects, but Likewise, they were so enjoined by the Revised
omis to make any provision for a case or object Administrative Code. Another which expressed the
whih is analogous to those enumerated, or which prohibition to them was Act No. 3387, and later,
stands upon the same reason, and is therefore Com. Act No. 357.
within the general scope of the statute, and it Doctrine #2 A thing omitted
appears that such case or object was omitted by must be considered to have been omitted
inadvertence or because it was overlooked or intentionally
unforeseen.
Sps. Nereo & Nieva Delfino v. St. James Hospital
Doctrine #1 The rule of Inc. (G.R. No. 166735, November 23, 2007) Can a
“casus omissus pro omisso habendus est” can hospital still be allowed in a residential zone when
operate and apply only if and when omission has the new zoning ordinance excluded it among those
been clearly established. allowed in the residential and now enumerates it
under the institutional zone? No
People v. Manantan (G.R. No. L-14129, July

31,1962) Are justices of peace included in the With the omission of the phrase "hospital with not
prohibition of Sec. 54 of the Revised Election more than ten capacity" in the new Zoning
Code? Ordinance, and the corresponding transfer of said
allowable usage to another zone classification, the
only logical conclusion is that the legislative body
Petitioner: Section 54 of the said Code only had intended that said use be removed from those
includes justices and judges in the prohibition. This allowed within a residential zone. Thus, the
section was taken from Section 449 of the Revised construction of medical institutions, such as St.
Administrative Code which prohibits justices of James Hospital, within a residential zone is now
peace from influencing elections. Section 54 prohibited under the 1991 Zoning Ordinance.
omitted the words “justice of the peace”. Therefore,
the omission revealed the intention of the
legislature to exclude justices of peace from its F. Stare Decisis (Follow past precedents and do
operation. not disturb what has already been settled)
SC: The legislature did not exclude or omit justices When court has once laid down a principle of law
of the peace from the enumeration of officers as applicable to a certain state of facts, it will
precluded from engaging in partisan political adhere to that principle, and apply it to all future
activities. Rather, they were merely called by cases where facts are substantially the same,
regardless of whether the parties and property are J.M Tuason and Co., Inc. et al. v. Mariano, et al.
the same. (G.R. No. L- 33140, October 23, 1978) Can an
Original Certificate of Title and the titles derived
Doctrine #1: Follow past precedents and do not therefrom still be questioned even when its validity
disturb what has been settled. Matters already has already been upheld in many previous cases?
decided on the merits cannot be relitigated again No
and again.

1
6
Tala Realty Services Corp. v. Banco Filipino

Savings and Mortgage Bank, G.R. No. 132051,
June 25, 2001 Can a prior ruling in another case
involving the same parties and the same issues but
on different properties in the present case be
applied in the case at bar? Yes
Prior ruling: The 11-year contract is a forged

document while the 20-year old contract is
authentic.
J.R. A. Phils. Inc. v. Commissioner of Internal

Revenue, G.R. No. 177127, October 11, 2010 Is
the failure to print the word “zero-rated” on the
invoices/ receipts fatal to a claim for credit/ refund
of input VAT on zero-rated sales? Yes
Courts are bound by prior decisions. The issue in

this case has been squarely resolved in a prior
case.
People
1 v. Hon. Judge Antonio Evangelista et al.
(G.R.
7 No. 110898, February 20, 1996) In the
provision of of P.D. 1990, which states that “no
VI. USE OF WORDS AND application for probation shall be entertained or
PHRASES granted if the defendant has perfected the appeal
from the judgment of conviction”, can the word
“appeal” in this real be construed to exclude
A. Ubi lex non distinguit nec nos distinguere
meritorious appeals? No
debemos (When the law does not distinguish,
The word “appeal” includes meritorious and non-
courts should not distinguish)
meritorious appeals.
Doctrine #1 When the

Doctrine #3 When the law
law does not distinguish, courts should not
does not make any exceptions, courts shouldn’t
distinguish. The rule, founded on logic, is corollary
make any.
of the principle that general words and phrases of a
statute should ordinarily be accorded their natural
and general significance Cecilio de Villa v. Court of Appeals (G.R. No.
87416, April 8, 1991) Is a check drawn against a
dollar account with a foreign bank not covered by
Philippine British Assurance Co., Inc. v. The
B.P. 22, which is an act penalizing the making or
Honorable Intermediate Appellate Court (G.R. No.
drawing and issuance of a check without sufficient
L-72005, May 29, 1987) Can the words “any
funds or credit? No
judgment” be construed to be limited to final and
executory judgments? No
Foreign checks, provided they are either drawn and
issued in the Philippines through payable outside
When the law speaks of “any judgment” which
thereof are within the coverage of B.P. 22. The law
maybe charged against the counterbond, it should
does not distinguish the currency involved in the
be interpreted to refer not only to a final and
case and neither should the courts.
executory judgment in the case but also a judgment
pending appeal.
B. Ejusdem Generis (Where general words follow
an enumeration of persons or things, by words a
Juanito Pilar v. Commission on Elections (G.R. No.
particular, and specific meaning such general
115245, July 11, 1995) Can the words “every
words are not to be construed in their widest extent,
candidate” be construed to include those who have
but are to be held as applying only to persons or
withdrawn their certificate of candidacy? No The things of the same kind or class as those
specifically mentioned)
term “every candidate” must be deemed to refer not
only to a candidate who pursued his campaign, but
also to one who withdrew his candidacy. Doctrine #1 General terms
may be restricted by specific words, with the result
that the general language will be limited by the
Doctrine #2 If the specific language, which indicates the statute’s
courts make no distinction, neither should the court. object and purpose" is applicable only to cases
where, except for one general term, all the items in exempt from special excise tax imposed by the
an enumeration belong to or fall under one specific Exchange Tax Law? Yes
class.
Sec. 2 of the law reads: The tax collected under the
Colgate-Palmolive Philippines, Inc. v. Hon. Pedro preceding section on foreign exchange used for the
M. Jimenez (G.R. No. L-14787, January 28, 1961) payment of the cost, transportation and/or other
Is the import of dental cream stabilizers and flavors charges incident to

18
importation into the Philippines of rice, flour, canned milk, cattle and beef, canned fish, soya
beans, butter, fat,
E.O. No. 2 freezes "all assets and properties in the chocolate, malt syrup, tapioca, stabilizer and
flavors,
Philippines in which former President Marcos and/or his vitamin concentrate, fertilizer poultry
feed; xxx shall be
wife, Mrs. Imelda Romualdez Marcos, their close refunded to any importer making application
therefor,
relatives, subordinates, business associates, dummies, upon satisfactory proof of actual
importation under the
agents, or nominees have any interest or participation. rules and regulations to be promulgated
pursuant to section seven thereof .
Applying ejusdem generis, the term "subordinate" as used in E.O. Nos. 1 and 2 would refer to
one who enjoys Respondent: “stabilizer and flavors” mentioned in the law
a close association or relation with former Pres. Marcos refers only to those used in the
preparation or
and/or his wife, similar to the immediate family member, manufacture of food or food products
since general terms
relative, and close associate in E.O. No. 1 and the close must be restricted by specific terms.
Since all the items
relative, business associate, dummy, agent, or nominee in preceding “stabilizers and flavors”
may be classified as
E.O. No. 2. food or food products, it should then be construed to only include food products.
There was no prima facie showing that the respondent unlawfully accumulated wealth by virtue
of his close SC: However, the other items following it do not belong in
association or relation with former Pres. Marcos and/or the same classification. Thus "fertilizer"
and "poultry
his wife. Therefore, he is not within the jurisdiction of the feed" do not fall under the category of
food or food
PCGG. products because they are used in the farming and poultry industries, respectively.
"Vitamin concentrate"
Doctrine #3 appears to be more of a medicine than food or food
Rule of ejusdem generis is merely a tool of statutory product, for, as a matter of fact. It should
also here be
construction resorted to when legislative intent is stated that "cattle", which is among those
listed
uncertain preceding the term in question, includes not only those intended for slaughter but also
those for breeding
People v. Hon. Vicente B. Echavez, Jr. et al. (G.R. Nos. L- purposes.
47757-61, January 28, 1980) Does P.D. 772, which penalizes squatting and similar acts,
Doctrine #2
apply to agricultural lands because? No Where general words follow an enumeration of persons
or things, by words a particular, and specific meaning such
The phrase “and for other purposes” in the decree does general words are not to be construed
in their widest
not included agricultural purposes because its preamble extent, but are to be held as applying
only to persons or
does not mention the Secretary of Agriculture and makes things of the same kind or class as
those specifically
reference to the affluent class. mentioned
Doctrine #4 Republic v. Hon. Eutropio Migrinio et al. (G.R. No. 89483,
General and unlimited terms are restrained and limited August 30, 1990)
by the particular terms they follow in the statute Can a Lt. Colonel be investigated and caused to
be prosecuted by the agency of the PCGG? No
Misael P. Vera et al. v. Hon. Serafin R. Cuevas et al. (G.R. Nos. L 33693-94, May 31, 1979) The
Whereas Clauses of E. O. No. 1 express the urgent
Can the words “all milk, in whatever form, from which the need to recover the ill-gotten wealth
amassed by former
fatty part has been removed totally or in part” stated in a President Ferdinand E. Marcos, his
immediate family,
provision with a headnote that reads: “Section 169. relatives, and close associates both here
and abroad.
generis
1 that general and unlimited terms are
restrained
9 and limited by the particular terms they
follow in the statute.
Inscription to be placed on skimmed milk” be
construed to include filled milk? No C. Expressio Unius Est Exclusio Alterius (The
express mention of one person, thing or
The use of the specific and qualifying terms consequence is tantamount to an express
"skimmed milk" in the headnote and "condensed exclusion of all others.)
skimmed milk" in the text of the cited section, would
restrict the scope of the general clause "all milk, in San Pablo Manufacturing Corporation v.
whatever form, from which the fatty pat has been Commissioner of Internal Revenue (G.R. No.
removed totally or in part." In other words, the 147749, June 22, 2006) Can the exportation made
general clause is restricted by the specific term by the purchaser of the materials enumerated in the
"skimmed milk" under the familiar rule of ejusdem exempting clause or the manufacturer of products
utilizing the said material be covered by the tax When a word used in a statute is ambiguous or
exemption of the 1987 Tax Code? No vague, its meaning may be made clear and specific
by considering the company in which it is found and
The tax exemption applied only to the exportation the meaning of the terms which are associated with
of rope, coconut oil, palm oil, copra by-products it.
and dessicated coconuts, whether in their original
state or as an ingredient or part of any The meaning of a doubtful wourd or phrase may be
manufactured article or products, by the proprietor ascertained by reference to the meaning of other
or operator of the factory or by the miller himself. words or phrases with which it is associated and
that, where several things are referred to, they are
presumed to be of the same class when connected
Nowhere did it provide that the exportation made by
by a copulative conjunction, unless a contrary intent
the purchaser of the materials enumerated in the
plainly appears.
exempting clause or the manufacturer of products
utilizing the said materials was covered by the
exemption. Since SPMC’s situation was not within Doctrine #1 Where a
the ambit of the exemption, it was subject to the 3% particular word is equally susceptible of various
miller’s tax imposed under Section 168 of the 1987 meanings, its correct construction may be made
Tax Code. specific by considering the company of terms in
which it is found or with which its is associated.
Parayno v. Jovellanos et al. (G.R. No. 148408, July
14, 2006) Can a gasoline filling station be likened to Dra. Brigida S. Buenaseda, et al. v. Sec. Juan
that of a gasoline service station as provided for in Flavier, et al. (G.R. No. 106719, September 21,
Sec. 44 of the Official Zoning Code? No 1993) Is the word “suspension” in Sec. 13 (3), Art.
Because of the distinct and definite meanings XI of the Constitution a punitive measure? Yes
alluded to the two terms by the zoning ordinance,
respondents could not insist that "gasoline service All the words associated with the word
station" under Section 44 necessarily included "suspension" in said provision referred to penalties
"gasoline filling station" under Section 21. Indeed, in administrative cases, e.g. removal, demotion,
the activities undertaken in a "gas service station" fine, censure. Under the rule of Noscitor a sociis,
did not automatically embrace those in a "gas filling the word "suspension" should be given the same
station. sense as the other words with which it is
associated.
D. Noscitur A Sociis (Associated words
explain and limit each other.) E. Use of Negative and Affirmative Words Negative
words and phrases are regarded as mandatory
while those in the affirmative are mere directory

Manolo
2 P. Fule v. The Honorable Court of Appeals
(G.R.
0 No. L-79094, June 22, 1988) Can Sec. 4 of
Rule 118 which states that “no agreement or Jenette Marie B. Crisolog v. Globe Telecom, Inc.,
admission made or entered during the pre-trial et al. (G.R. No. 167631, December 16, 2005) Does
conference shall be used in eveidence against the the court have discretion in dismissing an appeal
accused unless reduced to writing and signed by when there is error in the choice or mode of appeal
him and his counsel” be considered mandatory? or refer it to the CA when question of facts is
Yes presented? Yes
Even if the remedy resorted to was wrong, the
Court may refer the case to the Court of Appeals
By its very language, the Rule is mandatory. Under
under Rule 56, Sec. 6 (2) of the ROC, which
the rule of statutory construction, negative words
provides: (A)n appeal by certiorari taken to the
and phrases are to be regarded as mandatory while
Supreme Court from the RTC submitting issues of
those in the affirmative are merely directory. The
fact may be referred to the CA for decision or
use of the term "shall" further emphasize its
appropriate action. This despite the express
mandatory character and means that it is
provision in Section 5(f) of the same Rule, which
imperative, operating to impose a duty which may
provides that an appeal may be dismissed when
be enforced
there is error in the choice or mode of appeal.
F. Use of Permissive and Imperative

Both Sections 5(f) and 6 of Rule 57 use the term
Words
“may”, denoting discretion on the part of the Court
in dismissing the appeal or referring the case to the
Doctrine #1 Use of the Court of Appeals.
word “may” in a statute generally connotes a
permissible thing while the word “shall” is
imperative. Doctrine #2 The word “must”
in a statute like “shall” is not always imperative and
may be consistent with an exercise of discretion
Purita Bersabal v. Hon. Judge Serafin Salvador
(G.R. No. L- 35910, July 21, 1978) Can the failure
of the petitioner to file her memorandum on time be Loyola Grand Villas Homeowners Association, Inc.
a valid ground for the dismissal of an appeal? No v. Court of Appeals (G.R. No. 117188, August 7,
1997) – The word “must” is not always imperative.
RA 6031 provides that “the parties may submit Can the failure to adopt a code of by-laws of a
memoranda and/or brief with oral argument if so corporation for its government amount to its
requested” dissolution? No
The submission of memoranda is optional on the The pertinent provision of the Corporation Code
part of the parties. Being optional on the part of the that is the focal point of controversy in this case
parties, the latter may so choose to waive states:
submission of the memoranda. Hence, the Court
cannot dismiss the appeal of the party waiving the
Sec. 46. Adoption of by-laws. Every corporation
submission of said memorandum. The court just
formed under this Code, must within one (1) month
have to decide the case on the basis of the
after receipt of official notice of the issuance of its
evidence and records transmitted from the city or
certificate of incorporation by the Securities and
municipal courts.
Exchange Commission, adopt a code of by-laws for
its government not inconsistent with this Code.
Ordinarily, the word must connotes an imperative discretion. Thus, if the language of a statute
act or operates to impose a duty which may be considered as a whole and with due regard to its
enforced. It is synonymous with ought which nature and object reveals that the legislature
connotes compulsion or mandatoriness. However, intended to use the words shall and must to be
the word must in a statute, like shall, is not always directory, they should be given that meaning.
imperative. It may be consistent with an exercise of

a joinder
2 or union.
1
“Or” is a disjunctive particle used to express as
As said in the deliberation: If the filing of the by- alternative or to give a choice of one among two or
laws were late by, perhaps, a day or two, I would more things. It is used as an alternative between
suppose that might be a tolerable delay, but if they different or unlike things.
are delayed over a period of months as is
happening now because of the absence of a clear
As held in jurisprudence, the word and/or may be
requirement that by-laws must be completed within
used interchangeably insofar as to effectuate the
a specified period of time, the corporation must
purpose intended by the legislature as gathered
suffer certain consequences
from the whole statute.
Munoz v. COMELEC et al. (G.R. No. 170678, July

H. Computing Time When the laws speak of years,
17, 2006) Can the court decide on a case in the
months, days or nights, it shall be understood that
COMELEC without waiting for its consolidation with
years are of three hundred sixty- five days each;
another case as agreed by the parties? Yes
months, of thirty days; days, of twenty- four hours;
and nights from sunset to sunrise. If months are
While Section 9, Rule 3 of the COMELEC Rules of designated by their name, they shall be computed
Procedure provides that when an action or by
proceeding involves a question of law and fact the number of days which they respectively have.
which is similar to or common with that of another In computing a period, the first day shall be
action or proceeding, the same may be excluded, and the last day included.
consolidated with the action or proceeding bearing
the lower docket number, however, this rule is only
Doctrine #1 A “week” means a
permissive, not mandatory. We have consistently
period of seven consecutive days without regard to
held that the term may is indicative of a mere
the day of the week on which it begins
possibility, an opportunity or an option
PNB v. Court of Appeals (222 SCRA 134, May 17,

G. Use of Conjunctive and Disjunctive Words “And”
1993) Did the appellants notice of sale which were
means conjunction connecting words or phrases
published on March 28, April 11(last day of 2nd
expressing the idea that the latter is to be added to
week), and April 12 (first day of third week)
or other taken along with the first. It is not meant to
complied with the requirement of publication of
separate words but is a conjunction used to denote
once a week and at least three consecutive weeks?
No Certainly, it would have been absurd to exclude
March 28, 1969 as reckoning point in line with the
The publication effected on April 11, 1969 cannot third paragraph of Article 13 of the New Civil Code,
be construed as sufficient advertisement for the for the purpose of counting the first week of
second week because the period for the first week publication as to the last day thereof fall on April 4,
should be reckoned from March 28, 1969 until April 1969 because this will have the effect of extending
3, 1969 while the second week should be counted the first week by another day.
from April 4, 1969 until April 10, 1969. It is clear
that the announcement on April 11, 1969 was both I. Use of a “Proviso” Proviso is a closure or part of a
theoretically and physically accomplished during clause in the statute, the office of which is either to
the first day of the third week and cannot thus be except something from the enacting clause, or to
equated with compliance in law. Indeed, where the qualify or restrain its generality, or to exclude some
word is used simply as a measure of duration of possible ground of misinterpretation. “Provided” is
time and without reference to the calendar, it the word used in introducing a proviso.
means a period of seven consecutive days without
regard to the day of the week on which it begins

2
2
ALU-TUCP v. NLRC et al. (G.R. No. 109902,

August 2, 1994) Can a project employee be a
regular employee for working for more than a year
in a company as provided by Art. 280 of the Labor
Code? No
The law
reads:
xxx An employment
shall be deemed to be casual if it is not covered by
the preceding paragraph: Provided, That, any
employee who has rendered at least one-year
service, whether such service is continuous or
broken, shall be considered a regular employee
with respect to the activity in which he is employed
and his employment shall continue while such
actually exists.
A proviso is to be construed with reference to the
immediately preceding part of the provision to
which it is attached, and not to other sections
thereof. In the case at bar, the proviso in Art. 280
only relates to casual employees and is not
applicable to those who fall within the definition of
said article’s first paragraph, i.e., project
employees.

A.2Against Unconstitutionality Laws are presumed
constitutional.
3 To justify nullification of a law, there
must be a clear and unequivocal breach of the
VII. Presumptions In construing a doubtful or constitution, not a doubtful and argumentative
ambiguous statute, the Court will presume that it implication; a law shall not be declared invalid
was the intention of the legislature to enact a valid, unless the conflict with the constitution is clear
sensible and just law. beyond reasonable doubt.
Doctrine of Separation of Powers It enjoins on each government's power to regulate and even prohibit
department a proper respect for the acts of other through the exercise of the police power. Thus, a
departments. gambling franchise is always subject to the
exercise of police power for the public welfare.
A law is supposed o have been carefully studied
and determined to be constitutional before it was There was no violation by PD No. 771 of the equal
finally enacted. protection clause since the decree revoked all
franchises issued by local governments without
Aris Inc. v. NLRC et al. (G.R. No. 90501, August 5, qualification or exception.
1991) Is a provision allowing an execution pending
appeal of the reinstatement aspect of a decision of Lim et al. v. People et al. (G.R. No. 149276,
a Labor Arbiter unconstitutional for being violative September 27, 2002) Is a PD that imposed a higher
of the due process clause of the Constitution in that penalty on the crime of estafa (up to 30 years of
it is oppressive and unreasonable? No imprisonment) unconstitutional for being violative of
the Constitutional prohibition on infliction of cruel,
In authorizing execution pending appeal of the degrading, and inhuman punishment? No Settled is
reinstatement aspect of a decision of the Labor
Arbiter reinstating a dismissed or separated the rule that a punishment authorized by statute is not
employee, the law itself has laid down a cruel, degrading or disproportionate to the nature of
compassionate policy which, once more, vivifies the offense unless it is flagrantly and plainly
and enhances the provisions of the 1987 oppressive and wholly disproportionate to the
Constitution on labor and the working-man. It is a nature of the offense as to shock the moral sense
valid exercise of the police power of the State of the community.
Doctrine #1 All laws The prohibition against cruel and unusual

are presumed valid and constitutional until or punishment is generally aimed at the form or
unless otherwise ruled by the Court. character of the punishment rather than its severity
in respect of its duration or amount.
Lim v. Pacquing et al. (G.R. No. 115044, January
27, 1995) and Guingona et al. v. Reyes et al. (G.R. The punishment just needs to be proportionate to
No. 117263, January 27, 1995) Is a P.D. that the offense to be in accordance with the
revoked all existing franchises and permits to Constitution.
operate all forms of gambling activities issued by
local governments unconstitutional for being B. Against Injustice The law should never be
violative of equal interpreted in such a way as to cause injustice as
protection and non-impairment clauses of the this is never within the legislative intent. We
Constitution? No presume the good motives of the legislature, is to
render justice.
A franchise is not in the strict sense a simple
contract but rather it is more importantly, a mere “Courts are apt to err by sticking too closely to the
privilege specially in matters which are within the words of a law” (Justice Holmes)
24
Doctrine #1 In case of doubt in the interpretation or application of laws, it is presumed that the
lawmaking body intended right and justice to prevail.
Salvacion v. Central Bank (G.R. No. 94723, August 21, 1997) Should a law that exempts foreign
currency deposits from attachment sill be applied even if applying it will deprive a rape victim
from receiving claim for damages from a foreigner? No
In fine, the application of the law depends on the extent of its justice. If the court rules in favor of
the provision, injustice would result especially to a citizen aggrieved by a foreign guest.
It would be unthinkable, that the questioned provision would be used as a device for
wrongdoing, and in so doing, acquitting the guilty at the expense of the innocent.
Doctrine #2 A law should not be interpreted so as to cause an injustice.
Alonzo et al. v. Intermediate Appellate Court et al. (G.R. No. L-72873, May 28, 1987) Should a
law that gives a co-owner the right to repurchase anytime as long as there is no written notice of
sale of property by the vendor to the co-owners be applied? No
By requiring written proof of such notice, the court would be closing their eyes to the obvious
truth in favor of their palpably false claim of ignorance, thus exalting the letter of the law over its
purpose. The purpose is clear enough: to make sure that the redemptioners are duly notified.
The co-heirs in this case were undeniably informed of the sales although no notice in writing
was given them.
C. Against Implied Repeals Repeal of laws by implication is not favoured and that courts must
generally assume their congruent application.
The legislature should be presumed to have known the existing laws on the subject and not to
have enacted conflicting statutes.
In order to effect a repeal by implication, the later statute must be so irreconcilably inconsistent
and repugnant with the existing law that they cannot be made to reconcile and stand together.
Doctrine #1 In the absence of an express repeal, a subsequent law cannot be construed as
repealing a prior law unless an irreconcilable inconsistency and repugnancy exists in the terms
of the new and old laws.
Berces, Jr. v. Guingona, Jr. et al. (G.R. No. 112099, February 21, 1995) Is the later statute
repugnant with the former? No
A.O. 18, Sec. 6 (1987) R.A. 7160, Sec. 68 (1991) ... the Office of the President may direct or stay the
execution of the decision/ resolution/ order appealed from upon such terms and conditions as it may deem just and
reasonable.
An appeal shall not prevent a decision from becoming final and executory.
The provisions of Section 68 of R.A. No. 7160 and Section 6 of Administrative Order No. 18 are
not irreconcillably inconsistent and repugnant and the two laws must in fact be read together.
The first sentence of Section 68 merely provides that an "appeal shall not prevent a decision
from becoming final or executory." As worded, there is room to construe said provision as giving
discretion to the reviewing officials to stay the execution of the appealed decision. There is
nothing to infer therefrom that the reviewing officials are deprived of the authority to order a stay
of the appealed order.
Mecano v. Commission on Audit (G.R. No. 103982, December 11, 1992) Does the enactment of
the Administrative Code of 1987 operate to repeal the Revised Administrative Code of 1917?
No
25
Rev. Admin Code (1917) Admin Code (1987) Expressly provide for a claim of
Does not expressly provide for a
GSIS v. City Assessor of Iloilo City et al. (G.R. No. 147192, reimbursement and medical
claim, but instead has a general
June 27, 2006) and hospitalization expenses for
repealing clause that repeals all a service-connected sickness
statutes and provisions
Is the later law repugnant with the former law? No
incurred
inconsistent with this Code.
Sec. 234 (a), LGC (1991) Sec, 39, R.A. 8291 (1997)
It was claimed that the later act covers the whole subject of the earlier one and is clearly
intended as a substitute. However, it is apparent that the new Code does not cover
The tax-exempt status of GSIS
Accordingly, notwithstanding cannot be invoked where the
any laws to the contrary, the actual use or beneficial
GSIS, its assets, revenues, ownership of the properties
including all accruals thereto, nor attempt to cover the entire subject matter of the old
under its title has been
and benefits paid shall be Code. There are several matters treated in the old Code
conveyed to another person
exempt from all taxes, which
are not found in the new Code, such as the provisions on notaries
public, the leave law, the public
assessment fees, charges or duties of all kinds.
bonding law, military reservations, claims for sickness benefits under Section 699, and still
others. Moreover, the two laws are not repugnant with each other, so there can be no implied
repeal.
There is nothing in RA 8291 which abrogates, expressly or impliedly, that particular provision of
the LGC. The two statutes are not inconsistent on that specific point, let alone so irreconcilable
as to compel us to uphold one and
Republic v. ICC (G.R. No. 141667, July 17, 2006)
strike down the other.
Is the later law repugnant with the former law? No
The tax-exempt properties and assets of GSIS referred to
Sec. 40 (g), C.A. 146 (1936)
Sec. 5 (g), R.A. 7921 (1995) Allowed NTC to impose fess as reimbursement of its expenses related to, among
other things,
those that remained at its disposal and use, either for investment or for income-generating
purposes. Properties whose actual and beneficial use had been transferred to private taxable
persons, for consideration or otherwise, were excluded and were thus taxable.
the authorization of public services
D. Against Ineffectiveness It is presumed that the legislature intends to impart ot its enactments
such a meaning as will render them operative and effective, and to prevent person from eluding
or defeating the. Accordingly, in case of any doubts or obscurity, the construction will be such as
to carry out those objects.
E. Against Absurdity Statutes must receive a sensible construction such as will give effect to the
legislative intention so as to avoid an unjust or absurd conclusion.
Doctrine #1 Presumption against undesirable consequences were never intended by a
legislative measure.
Ursua v. Court of Appeals (G.R. No. 112170, April 10, 1996)
Allowed NTC to continue to impose such fees and charges as may be necessary to cover reasonable costs and
expenses for the regulation and supervision of the operations of telecommunications entities
There does not even appear to be a conflict between Section 40(g) of the Public Service Act, as
amended, and Section 5(g) of R.A. 7925. In fact, the latter provision directs petitioner NTC to
continue to impose such fees and charges as may be necessary to cover reasonable costs and
expenses for the regulation and supervision of telecommunications entities.
The absence alone of the word authorization in Section 5(g) of R.A. No. 7921 cannot be
construed to mean that petitioner NTC had thus been deprived of the power to collect such fees.
As pointed out by the petitioner, the Commission authorizes, supervises and regulates
telecommunications entities and these functions... cannot be considered singly without
destroying the whole concept of the Commission's regulatory functions.
2
6
Can a person who used a different name belonging

to another person in a single instance without any
sign or indication that the user intends to be known
by this name in addition to his real name from that
day forth be penalized under the Anti-Alias Law?
No
The enactment of C.A. No. 142 as amended was

made primarily to curb the common practice among
the Chinese of adopting scores of different names
and aliases which created tremendous confusion in
the field of trade. C.A. No. 142 thus penalized the
act of using an alias name, unless such alias was
duly authorized by proper judicial proceedings and
recorded in the civil register to prevent business
fraud.
While the act of petitioner may be covered by other

provisions of law, such does not constitute an
offense within the concept of C.A. No. 142 as
amended under which he is prosecuted.
F. Against Violations of International Law The

presumption is that all laws passed by Congress
are in conformity with the Declaration of Principles
and State Policies in our Constitution.

2
Preamble
7
▪ Context or Body of the
VIII. Intrinsic Statute
Aids
▪ Chapter and Section
▪ Aids within a Headings
statute
▪ Resorted to only if there is ambiguity in the Punctuation
statute.
▪ Interpretation
Clause
Exampl
e:
All these are resorted to in order to determine the
▪ intention of the legislature.
Title
Doctrine #1 Subtitle of law as culled from its preamble and from the
the statute can be used as intrinsic aid in situation, circumstances and conditions it sought to
determining legislative intent. remedy, must be enforced.
Miriam Defensor Santiago et al. v. Comelec et al. Eugenion v. Drilon et al. (G.R. No. 109404,
(G.R. No. 127325, March 19, 1997) When a January 22, 1996) Can a P.D. which was enacted
provision providing for a system of initiative and to protective mantle over helpless citizens who may
referendum does not provide for subtitle for fall prey to the manipulations and machinations of
initiative on the Constitution, does it mean that it unscrupulous subdivision and condominium sellers
was intended to not be covered? Yes/No be given retroactive effect to justify a person’s non-
payment of his amortization of a property in
subdivision that failed to materialize? Yes
Majority: While the Act provides subtitles for
National Initiative and Referendum (Subtitle II) and
for Local Initiative and Referendum (Subtitle III), no From a dedicated reading of the preamble, it is
subtitle is provided for initiative on the Constitution. manifest and unarguable that the legislative intent
This conspicuous silence as to the latter simply must have been to remedy the alarming situation
means that the main thrust of the Act is initiative by having P.D. 957 operate retrospectively even
and referendum on national and local laws. If upon contracts already in existence at the time of
Congress intended R.A. No. 6735 to fully provide its enactment. Indeed, a strictly prospective
for the implementation of the initiative on application of the statute will effectively emasculate
amendments to the Constitution, it could have it, for then the State will not be able to exercise its
provided for a subtitle therefor, considering that in regulatory functions and curb fraudulent schemes
the order of things, the primacy of interest, or and practices perpetrated under or in connection
hierarchy of values, the right of the people to with those contracts and transactions which happen
directly propose amendments to the Constitution is to have been entered into prior to P.D. 957, despite
far more important than the initiative on national obvious prejudice to the very subdivision lot buyers
and local laws. sought to be protected by said law.
Dissent: Headings prefixed to titles, chapters and People v. Echavez, Jr. et al. (G.R. Nos. L-47757-
sections of a statute may be consulted in aid of 61, January 28, 1980) Does P.D. 772, which
interpretation, but inferences drawn therefrom are penalizes squatting and similar acts, apply to
entitled to very little weight, and they can never agricultural lands because? No
control the plain terms of the enacting clauses.
Note: Be that as it may, title and subtitle can be The phrase “and for other purposes” in the decree
used as intrinsic aid in determining legislative intent does not included agricultural purposes because its
preamble does not mention the Secretary of
Doctrine #2 The intent of the Agriculture and makes reference to the affluent
class.
Commissioner
2 of Customs v. ESSO Standard
Eastern,
8 Inc. (G.R. No. L-28329, August 7, 1975) Is
a company still entitled to a tax exemption on
IX. Extrinsic importation of custom duties as provided for by an
Aids existing law if a later law, which provides the
imposition of special import tax on all importation of
▪ Existing aids from outside
products, is passed? Yes
sources
▪ Resorted to if after availing all the intrinsic aids
and still there remain some ambiguity in the statute The title of R.A. 387 and the provisions of its three
articles just cited give a clue to the intent of the
Philippine legislature, which is to encourage the
Exampl exploitation and development of the petroleum
e: resources of the country.
▪ History of the enactment of the
statute
Republic Act No. 1394 repealed and revoked six
▪ Opinions and rulings of officials of the government earlier statutes which had something to do with the
called upon to execute or implement administrative imposition of special levies and/or exemption of
laws certain importations from the burden of the special
▪ Contemporaneous construction by executive import taxes or levies;
officers however, it spared R.A. 387 On the other hand, it is
apparent that R.A. No. 387. The answer must be
▪ Actual proceedings of the legislative
that the Congress of the Philippine saw fit to
body
preserve the privileges granted under the
▪ Individual statements by members of Petroleum Law of 1949 in order to keep the door
congress open to the exploitation and development of the
▪ Author of the petroleum resources of the country with such
law incentives as are given under that law.
▪ Reports and recommendations of legislative
committees Doctrine #2 Opinions and
▪ Public rulings of officials of the government called upon to
Policy execute or implement administrative laws
command much respect and weight.
▪ Judicial
Construction
Vera et a. v. Cuevas, et al. (G.R. Nos. L33693-94,
▪ Construction by the Bar Doctrine #1 It is a May 31, 1979) Can the words “all milk, in whatever
well-accepted principle that where a statute is form, from which the fatty part has been removed
ambiguous, courts may examine both the printed totally or in part” stated in a provision with a
pages of the published Act as well as those headnote that reads: “Section 169. Inscription to be
extrinsic matters that may aid in construing the placed on skimmed milk” be construed to include
meaning of the statute, such as the history of its filled milk? No
enactment, the reasons for the passage of the bill
and purposes to be accomplished by the measure.
The Board of Food Inspection way back in 1961 PAFLU v. Bureau of Labor Relations et al. (G.R.
rendered an opinion that filled milk does not come No. L-43760, August 21, 1976) Can a doctrine that
within the purview of Section 169, it being a product states that spoiled ballots should be counted in
distinct from those specified in the said Section determining the valid votes casts be still controlling
since the removed fat portion of the milk has been even if the IRR of the Labor Code provides for the
replaced with coconut oil and Vitamins A and D as contrary? No
fortifying substances.
The doctrine cited no longer possesses relevance
Doctrine #3 due to the implementation of the present law. This
Contemporaneous construction placed upon a conclusion derives further support from the
statute by executive officers charged with deservedly high repute attached to the construction
implementing and enforcing the provisions of the placed by the executive
statutes should be given controlling weight, unless
such interpretation is clearly erroneous.

and
2 performance bond are no longer required in
subsequent
9 authorizations due to prior compliance
of obligations.
officials entrusted with the responsibility of applying
a statute. The Rules and Regulations implementing The NTC, being the government agency entrusted
the present Labor Code were issued by Secretary with the regulation of activities coming under its
Blas Ople of the Department of Labor. special and technical forte, and possessing the
necessary rule-making power to implement its
Doctrine #4 The Court objectives, is in the best position to interpret its own
has consistently yielded and accorded great rules, regulations and guidelines.
respect to the interpretation by administrative
agencies of their own rules unless there is an error Doctrine #5 Courts may
of law, abuse of power, lack of jurisdiction or grave avail themselves of the actual proceedings of the
abuse of discretion clearly conflicting with the letter legislative body to assist in determining the
and spirit of the law construction of a statute of doubtful meaning.
Eastern Telecommunications Philippines, Inc. et al. De Villa v. Court of Appeals (G.R. No. 87416, April
v. International Communications Corp. (G.R. No. 8, 1991) Is a check drawn against a dollar account
135992, January 31, 2006) Is a posting of an with a foreign bank not covered by B.P. 22, which is
escrow deposit and performance bond required in an act penalizing the making or drawing and
subsequent authorizations for additional/ new areas issuance of a check without sufficient funds or
outside its original roll-out obligation under E.O. credit? No
109? No
The records of the Batasan, Vol. III, unmistakably

The Deputy Commissioner and Officer-in-Charge of show that the intention of the lawmakers is to apply
the NTC stated in a letter that the escrow deposit the law to whatever currency may be the subject
thereof.
#7 Individual statements by members of Congress
Doctrine #6 In case of doubt
on the floor do not necessarily reflect legislative
as to what a provision of a statute means, the
intent.
meaning put to the provision during the legislative
during the legislative deliberations may be adopted.
CASCO Philippine Chemical Co., Inc. v. Gimenez
(G.R. No. L- 17931, February 28, 1963) Should a
NAPOLCOM v. De Guzman, Jr. et al. (G.R. No.
provision that provided for the exemption of margin
106724, February 9, 1994) Should the Philippine
fee of “urea formaldehyde” be construed to as “urea
Constabulary’s retirement age still be 56
and formaldehyde” by virtue of the intent of the
considering that R.A. 6975, which provides for a
members of Congress to exempt "urea" and
retirement age of 60 in the Integrated National
"formaldehyde" separately as essential elements in
Police, is enacted and the claim that the term INP
the manufacture of the synthetic resin glue called
in that provision includes both PC and the local
"urea" formaldehyde", not the latter as a finished
police force by virtue of PD 765? Yes
product? No
Examining the records of the Bicameral Conference

Individual statements by members of Congress on
Committee, the court finds that the legislature did
the floor do not necessarily reflect the view of the
intent to exclude the members of the PC from the
Senate. Much less do they indicate the intent of the
coverage of Sec. 89 insofar as the retirement age is
House of Representatives.
concerned. Their retirement age is still 56. Doctrine

30
X. Strict and Liberal Interpretation
strictness as to safeguard the rights of the accused. If the statute is ambiguous and admits of
two reasonable but Differentiate: Strict v. Liberal Interpretation
contradictory constructions, that which operates in favor of a party accused under its provisions
is to be preferred. Strict Interpretation Liberal Interpretation
The principle is that acts in and of themselves innocent Nothing should be included
The meaning of the statute
and lawful cannot be held to be criminal unless there is a within the scope that does
may be extended to matters
clear and unequivocal expression of the legislative intent not come nearly within the
which come within the spirit
to make them such. Whatever is not plainly within the meaning of the language
or reason of the law or used.
within the evils which the law seeks to suppress or
provisions of a penal statute should be regarded as without its intendment.
Its language must be given
correct, although of course, its exact and technical
the statute can under no meaning, with no extension
circumstances be given a
People v. Walpan Ladjaalam y Milapil, GR Nos. 136149-51, September 19, 2000
on account of implications or
meaning inconsistent with,
Can a person be convicted of illegal possession of firearm equitable considerations; or
or contrary to the language
under R.A. 8294 when he used said firearm in committing as has been aptly asserted,
used by the legislators.
the crime of Direct Assault? No its operation must be confined to cases coming
Penal laws are construed liberally in favor of the accused. clearly within the letter of the statutes as
well as within its spirit of reason.
the plain meaning of RA 8294s simple language is most favorable to herein appellant. Republic
Act No. 8294 penalizes simple illegal possession of firearms, provided
The Labor Code of the Philippines expressly provides that all doubts in the implementation and
interpretation of the provisions of this code, including its implementing rules and regulations,
shall be resolved in favour of labor.
that the person arrested committed no other crime. Furthermore, if the person is held liable for
murder or homicide, illegal possession of firearms is an aggravating circumstance, but not a
separate offense. Hence, where an accused was convicted of direct assault with multiple
The Local Government Code should be liberally interpreted in favor of the local government.
attempted homicide for firing an unlicensed M-14 rifle at several policemen who were about to
serve a search warrant, he cannot be held guilty of the separate offense
The 1997 Rules of Civil Procedure shall be liberally construed in order to promote their objective
of securing a just, speedy, inexpensive disposition of every action and
of illegal possession of firearms. Neither can such unlawful act be considered to have
aggravated the direct assault.
proceeding.
B. Tax Laws
A. Penal Statutes Penal laws are to be construed strictly against the state
Tax statutes must be construed strictly against the government and liberally in favour of the
taxpayer.
and in favor of the accused.
Tax exemptions are construed strictly agains the taxpayer
Centeno v. Villalon, et al., GR No. 113092, September 1,
and liberally in favour of the taxing authority.
1994 Should the phrase “charitable purposes” in P.D.1564, which prohibits solicitation without
permit, be construed to include “religious purpose”? No
Doctrine #1 in case of doubt, tax statutes are to be construed strictly against the Government
and liberally in favor of the taxpayer, for taxes, being burdens, are not to be
in the interpretation of a penal statute, the tendency is to subject it to careful scrutiny and to
construe it with such
presumed beyond what the applicable statute expressly and clearly declares
31
merely anchors his claim on the second rule, he must Republic v. Intermediate Appellate Court
et al., GR No.
positively show that the risk of contracting Norma's illness 69344, April 26, 1991
was increased by her working conditions. Petitioner failed Does a person need to pay his
deficiency income taxes
to satisfactorily discharge the onus imposed by law. when they had already paid amnesty taxes
of almost equal amount of the former? No
Doctrine #1 Doubts in interpretation of Workmen’s Compensation Since the person have
already paid almost the equivalent
and Labor Code should be resolved in favour of the amount to the Government by way of
amnesty taxes
worker under P.D. No. 213, and were granted not merely an exemption, but an amnesty, for
their past tax failings, the
Maria E. Manahan v. Employees’ Compensation Government is estopped from collecting the
difference
Commission and GSIS, GR No. L-44899, April 22, 1981 between the deficiency tax assessment
and the amount
Should a claim for death benefit be granted even if there already paid by them as amnesty tax.
is doubt in whether the cause of death was an occupational disease or not? Yes Doctrine #2
Tax exemptions must be strictly construed against the
The presumption of compensability subsists in favor of taxpayer and liberally in favor of the
state.
the claimant.
Misamis Oriental Association of Coco Traders Inc. v.
The deceased was in perfect health when he entered Department of Finance Secretary, et al.
(GR No. 108524,
government service, and that in the course of his November 10, 1994)
employment, he was treated for epigastric pain. He Is copra an agricultural product, that is
exempted from
succumbed to enteric fever. taxes under Sec. 103 (a) and (b) of the NIRC? No
As a teacher of, the deceased used to eat his meals at the In interpreting Sec. 103(a) and (b) of
the NIRC, the
school canteen. He also used the toilet and other facilities Commissioner of Internal Revenue
gave it a strict
of the school. It is not improbable that the deceased construction consistent with the rule that
tax exemptions
might have contracted the illness during those rare must be strictly construed against the
taxpayer and
moments that he was away from his family, since it is liberally in favor of the state. Copra per se
is not food, that
medically accepted that enteric fever is caused by is, it is not intended for human consumption.
Simply
salmonella organisms which are acquired by ingestion of stated, nobody eats copra for food.
contaminated food or drinks.
C. Labor and Social Legislations
Why was the claim for benefit granted in the 2nd case and The liberal construction and
interpretation of labor laws
not in the 1st case? may not be applied where the pertinent provisions of the
It is because the 2nd case has introduced “doubt”, an Labor Code and P.D. 626 are clear and
leave no room for
essential element for liberal construction, while the 1st interpretation.
has not.
Ramon Corporal v. Employee’s Compensation Commission
D. Election Rules and GSIS, GR No. 86020, August 5, 1994
Statute providing for election contests are to be liberally Should a claim for compensation
benefit be granted even
construed to the end that the will of the people in the if the cause of death of an employee is not
among those
choice of public officers may not be defeated by mere enumerated in the law? No
technical objections. Since petitioner admits that his wife died of an ailment which is not listed
as compensable by the ECC and he
3
2
Pahilan v. Tabalba, et al., GR No. 110170,

February 21, 1994 Can a notice of appeal be validly
substituted by an appeal brief? Yes
In cases where a record on appeal is required

under the Rules of Court, it has been consistently
held that the filing or presentation and approval of
the record on appeal on time necessarily implies or
involves the filing of the notice of appeal, because
the act of taking or perfecting an appeal is more
expressive of the intention to appeal than the filing
of a mere notice to do so.
If the courts can deign to be indulgent and lenient in

the interpretation of the rules respecting ordinary
civil actions involving private parties representing
private interests, with more reason should the rules
involving election cases, which are undoubtedly
impressed with public interest, be construed with
the same or even greater forbearance and
liberality.

Exception
3
s: 3
▪ Unless the legislative intent to the contrary is
XI. Prospective and Retrospective made manifest either by the express terms of the
Statutes statute or by necessary implication
General Rule: Statutes operate prospectively only ▪ Penal statutes can be given retroactive effect if it
and never retrospectively. is favourable to the accused who is not a habitual
criminal. Doctrine #2 Law should only
be applied prospectively unless the legislative
▪ Procedural Laws are applicable to actions intent to give them retroactive effect is expressly
pending and undetermined at the time of their declared or is necessarily implied from the
passage. language used.
▪ Curative Statutes are necessarily retroactive in Erectors, Inc. v. NLRC et al., GR No. 104215, May
their character because they are those which 8, 1996 Should a law which vests POEA original
undertake to cure errors and irregularities and and exclusive jurisdiction over all cases, including
administrative proceedings, and which are money claims, involving Filipino workers for
designed to give effect to contracts and other overseas employment and divest the Labor Arbiter
transactions between private parties which other of the same, be given retroactive effect? No
would fail of producing their intended
consequences by reason of some statutory The rule is that jurisdiction over the subject matter
disability or failure to comply with some technical is determined by the law in force at the time of the
requirement . commencement of the action. At the time, private
respondent filed his complaint against the
Doctrine #1 All statutes petitioner, the prevailing laws were P.D. 1691 and
are to be construed as having only a prospective P.D. 1391 which vested the Regional Offices of the
operation unless the purpose and the intention of Ministry of Labor and the Labor Arbiters with
the legislature to give them a retrospective effect is "original and exclusive jurisdiction over all cases
expressly declared or is necessarily implied from involving employer-employee relations including
the language used. money claims arising out of any law or contracts
involving Filipino workers for overseas
employment." At the time of the filing of the
Balatbat v. Court of Appeals et al., GR No. 36378, complaint, the Labor Arbiter had clear jurisdiction
January 27, 1992 Should Sec. 7 of R.A. 6839, over the same.
which states that personal cultivation is no longer a
ground to dispossess an agricultural lessee of his
land holdings, be given retroactive effect? No The law at bar, E.O. No. 797, is not a curative
statute. It was not intended to remedy any defect in
the law. It created the POEA to assume the
Sec. 7 of R.A. 6389 cannot be given retroactive functions of the Overseas Employment
effect because, while during the debates on the bill Development Board, the National Seamen Board
which was eventually enacted into R.A. 6389, there and the overseas employment functions of the
were statements made on the floor that "the owner Bureau of Employment Services.
will lose the right to eject after the enactment of this
measure" even in cases
where the owner has not really succeeded in Doctrine #3 Penal laws shall
ejecting the tenants, Congress failed to express an have a retroactive effect insofar as they favor the
intention to make R.A. 6389 retroactive and to person guilty of a felony who is not a habitual
cover ejectment cases on the ground of personal criminal.
cultivation then pending adjudication by the courts.
that
3 accused-petitioner's demurrer to evidence was
filed
4 with prior leave of court, the retroactive effect
of the amendment aforestated would therefore work
Co v. Court of Appeals, GR No. 100776, October against herein petitioner.
28, 1993 Can a ministry circular which states that a
guarantee check will no longer be considered as a By moving to dismiss on the ground of insufficiency
valid defense in the crime of B.P. 22, be of evidence, accused-petitioner waives his right to
retroactively applied? No present evidence to substantiate his defense and in
effect submits the case for judgment on the basis of
All doubts in which, pursuant to familiar, the evidence for the prosecution. This is exactly
fundamental doctrine, must be resolved in favor of what petitioner did, and he cannot now claim denial
the accused. A check issued merely to guarantee of his right to adduce his own evidence. As the
the performance of an obligation is nevertheless Solicitor General aptly opined, "petitioner gambled
covered by B.P. Blg. 22 — should not be given on securing an acquittal, a gamble which he lost."
retrospective effect to the prejudice of the petitioner Doctrine #5 Curative statutes have
and other persons situated, who relied on the retrospective effect
official opinion of the Minister of Justice that such a
check did not fall within the scope of B.P. Blg. 22. Briad Agro-Development Corporation v. Dela
Cerna, GR No. 83225, June 29, 1989 Should a
Do provision providing regional directors to have
ctrine #4 Procedural laws are jurisdiction on monetary claims be given retroactive
retrospective effect even there is already a a case law, which
held that money claims are the exclusive domain of
the labor arbiters? Yes
Ocampo v. Court of Appeals, GR No. 79060,
December 8, 1989 Should a law that bars the
accused from presenting evidence after a motion to In view of the promulgation of E.O. 111, the said
dismiss have retroactive effect? Yes case law is no longer good law. E.O. 111 is in the
character of a curative law, that is to say, it was
intended to remedy a defect that had attached to
The law, being procedural, can be applied to the provision subject of the amendment. Plainly, the
pending cases. amendment was meant to make both the Secretary
of Labor (or the various Regional Directors) and the
In the case at bar, nowhere does the record show Labor Arbiters share jurisdiction.
35
XII. Conflicting Statutes
General Rule: It may happen that in a statue, conflicting clauses and provisions may arise. If
such situation may arise, the statute must be construed as a whole.
The rule is that construction that would render a provision inoperative should be avoided,
instead apparently inconsistent provisions should be reconciled whenever possible as parts of
coordinated and harmonious whole.
Statutes In Pari Materia It is also not uncommon that statutes relate to the same subject matter,
or to the same class of persons or things, or have the same purpose or object. These are
statutes in pari materia
General Rule: Statutes in pari materia are to be construed together, each legislative act is to be
interpreted with reference to other acts relating to the same matter or subject.
General and Special Statutes Rule #1: Give effect to both general and special law Sometimes
we find statutes treating a subject in general terms and another treating a part of the same
subject in particularly detailed manner. If this may arise, it is the duty of the court, if possible, to
give effect to both.
Rule #2: In case of conflict, the special law will prevail On the other hand, if both statutes are
irreconcilable, the general statute must give way to the special or particular provisions as an
exception the general provisions.
Rule #3: The special law will still prevail even if the general law is the later statute Even if the
general statute is a later enactment of the legislature and broad enough to included the cases in
special law unless there is manifest intent to repeal or alter the special law, the general law
must still give way to the special law
Exception: If there is an express repeal or a legislative intent to repeal the special law, the
general law applies.
Statute and Ordinance If there is conflict between the statute and ordinance, the ordinance must
give way. Doctrine #1 Whenever two statutes of different dates and of contrary tenor are of equal
theoretical application to a particular case, the statute of later date must prevail being a later
expression of legislative will.
Doctrine #2 A special law prevails over a general law regardless of their dates of passage, and
the special law is to be considered as remaining an exception to the general law.
Philippine National Bank v. Cruz, et al., GR No. 80593, December 18, 1989 Which law should
govern the case? The Civil Code or the Labor Code? The Labor Code
Article 2241-2245 of the Civil Code (1949)
Article 110 of the Labor Code (1974) Provides that worker’s lien covers unpaid covers unpaid wages only
and not the termination or severance pay which the workers in this case likewise claimed they were entitled to.
Gives preference to workers in case of bankruptcy or liquidation of the employer’s business, notwithstanding any
provision contrary to this law.
The Labor Code must prevail. The phrase "any provision of law to the contrary notwithstanding"
in the Labor Code indicates that such preference shall prevail despite the order set forth in
Articles 2241 to 2245 of the Civil Code. No exceptions were provided under the said article,
henceforth, none shall be considered. Furthermore, the Labor Code was signed into Law
decades after the Civil Code took effect.
Lopez, Jr v. Civil Service Commission et al., GR No. 87119, April 16, 1991 Which has the
authority to appoint employees of the Board? The City Council or the mayor? The City Council
36
R.A. 409 (1949)
R.A. 5185 (1967) and Special Law
B.P. 337 (1993) General Law The Board (city council) shall appoint and the Vice Mayor shall sign all
appointments of the other employees of the Board.
administrative investigation is found guilty of selling or dispensing drugs medicines and other similar substances in
violation of this act.
health laws, ordinances, rules and regulations and to recommend the revocation or suspension of the permits of the
RA: All other employees shall be
different establishments to the appointed by the Provincial
City Mayor for violation of Governor, City or Municipal
health laws, ordinances, rules Mayor upon recommendation
and regulations of the office head concerned.
BP: The city mayor shall: x x x x x x x (h) Appoint all officers and
A study of the said laws will show that the authorization to operate issued by the FDA is a
condition precedent to employees of the city
the grant of a mayor's permit to the drug store seeking to operate within the limits of the city.
This requirement is There is no doubt that R.A. 409, which provides
imperative. The power to determine if the opening of the specifically for the organization of the
Government of the
drug store is conformable to the national policy and the City of Manila, is a special law, and
whereas R.A. 5185 and
laws on the regulation of drug sales belongs to the FDA. B.P. 337, which apply to municipal
governments in
Hence, a permit issued by the mayor to a drug store not general, are general laws.
previously cleared with and licensed by the said agency will be a nullity. A special law prevails
over a general law — regardless of their dates of passage — and the special is to be
This is not to say, however, that the issuance of the considered as remaining an exception to
the general law.
mayor's permit is mandatory once it is shown that the FDA has licensed the operation of the
applicant drug Doctrine #3
store. This is not a necessary consequence. For while it When courts are confronted with
apparently conflicting
may appear that the applicant has complied with the statutes, they should not declare outright
the invalidity of
pertinent national laws and policies, this fact alone will one against the other, but should
endeavour to reconcile
not signify compliance with the particular conditions laid them
down by the local authorities like zoning, building, health, sanitation, and safety regulations, and
other municipal Gordon v. Veridiano II et al., GR No. L-55230, November 8,
ordinances enacted under the general welfare clause. 1988
This compliance still has to be ascertained by the mayor if the permit is to be issued by his
office. Should he find that Who has the authority to grant and revoke licenses for the
the local requirements have not been observed, the operation of drug stores in a city? The
mayor or the Food
mayor must then, in the exercise of his own authority Drug Administration? The Food Drug
Administration
under the charter, refuse to grant the permit sought.
R.A. 3720 (1963)
Doctrine #4 P.D. 280 (1973)
In case of conflict between a general provision of a special law and a particular provision of a
general law, the latter should prevail
City of Manila v. Teotico et al., GR No. L-23053, January 29, 1968 Which law should govern a
case where a person fell into a manhole in the city? R.A. 409 or the Civil Code? The Civil Code
R.A. 4645 (1966)
RA: The FDA is empowered to issue certificates of compliance and revoke or suspend licenses in case of any
violation of the provisions and regulations of this Act.
PD: The FDA is authorized to order the closure, or suspend or revoke the license of any drug establishment which
after
The city mayor is empowered to grant or refuse municipal licenses to operate or permits of all classes and to revoke
the same for violation of the conditions upon which they were granted.
The city health officer and his representatives shall have the power to arrest violators of
37
R.A. 409, Sec. 4 (1949)
Article 2189 of the
The intention of Congress in enacting R.A. 5967 was that Special Law
Civil Code (1949)
the salary of a city judge should not be higher than the General Law
salary of the city mayor. The saving clause "Provided,
The city shall not be liable or
however, That the salary of a city judge shall be at least held for damages or injuries to
P100.00 per month less than that of the city mayor" persons or property arising from the failure of the
Mayor, the Municipal Board, or any
qualifies the earlier provision which fixes the salary of city judges for second and third class
cities at P18,000.00 per
other city officer, to enforce the
annum. The primary purpose of a proviso is to limit the provisions of this chapter, or
general language of a statute any other law or ordinance, or from negligence of said Mayor, Municipal Board,
or other officers while enforcing or
Provinces, cities and municipalities shall be liable for damages for the death of, or injuries suffered by, any person by
reason of defective conditions of road, streets, bridges, public buildings, and other public works under their control or
supervision.
Doctrine #6 It is a basic rule in statutory construction that the
attempting to enforce said
enactment of a later legislation which is a general law provisions.
cannot be construed to have repealed a special law
Sec. 4 refers to liability arising from negligence, in general,
Laguna Lake Development Authority v. Court of Appeals, regardless of the object thereof,
whereas Article 2189
GR Nos. 120865-71, December 7, 1995 governs liability due to "defective streets," in particular.
Which agency of the Government — the Laguna Lake Since the present action is based upon
the alleged
Development Authority or the towns and municipalities defective condition of a road, said Article
2189 is decisive
comprising the region — should exercise jurisdiction over thereon.
the Laguna Lake and its environs insofar as the issuance of permits for fishery privileges is
concerned? Doctrine #5 When there is irreconcilable repugnancy between a
R.A. 4850, sec. 4(k) & proviso and the body of the statute, the former prevails
E.O. 927, sec. 2 as latest expression of legislative intent
Special Law
Arenas v. City of San Carlos et al. GR No. L-34024, April 5, 1978 Which determines the basis
for the salary of judges? The body of R.A. 5967, or its proviso? The proviso
R.A. 5967, Sec. 7 (1969) (Body)
Local Government Code, Sec. 149 General Law The Laguna Lake Development Authority shall have
exclusive jurisdiction to issue permits for the use of all surface water for any projects or activities in or affecting the
said region, including navigation, construction, and operation of fishpens, fish enclosures, fish corrals and the like.
Municipalities were granted the exclusive authority to grant fishery privileges in municipal waters. The Sangguniang
Bayan may grant fishery privileges to erect fish corrals, oyster, mussels or other aquatic beds R.A. 5967, Sec. 7
(1969)
or bangus fry area within a (Proviso) For the cities of Baguio, Quezon,
definite zone of the municipal waters.
Pasay and other first class cities, the city judge shall receive one thousand pesos less than that
The provisions of Republic Act No. 7160 do not fixed for the district judge, and
necessarily repeal the aforementioned laws creating the for second and third class cities, the city judge
shall receive one thousand five hundred pesos less than that fixed for the
Laguna Lake Development Authority and granting the latter water rights authority over Laguna
de Bay and the lake region.
district judge, and for other cities, the city judge shall
The power of the local government units to issue fishing receive two thousand pesos less than that fixed
for the district judge:
privileges was clearly granted for revenue purposes. On the other hand, the power of the
Authority to grant permits for fishpens, fishcages and other aqua-culture Provided, however, That the
salary of a city judge shall be at least one hundred pesos per month less than that of the city mayor.
38
structures is for the purpose of effectively regulating and
In this case, the LGC of 1991 is a special law which monitoring activities in the Laguna de Bay
region and for
exclusively deals with local government units (LGUs), lake quality control and management. It
does partake of
outlining their powers and functions in consonance with the nature of police power which is the
most pervasive,
the constitutionally mandated policy of local autonomy.
the least limitable and the most demanding of all State powers including the power of taxation.
Accordingly, the charter of the Authority which embodies a valid exercise of police power should
prevail over the Local Government Code of 1991 on matters affecting Laguna de Bay.
the GAA of 1993, on the other hand, was a general law which outlined the share in the national
fund of all branches of the national government. The GAA therefore, being a general law, could
not have, by mere implication, repealed the LGC. Rather, the LGC should be taken as the
exception to RA 7645 in the absence of circumstances
Doctrine #7
warranting a contrary conclusion
Where there is a conflict between a general law and a
Why is the LGC a special law in this case? Isn’t the LGC a special statute, the special statute
should prevail since it
special law in the previous case? evinces the legislative intent more clearly than the
When a certain case labels a law as special or general, it general statute. The special law is to
be taken as an
does not mean that it is a special or general law through exception to the general law in the
absence of special
and through. In other words, a law cannot be a special law circumstances forcing a contrary
conclusion.
or general law in all cases.
Leynes v. COA et al., GR No. 143596, December 11, 2003
A law can be general or special depending on the law it is
Which law should govern grant of monthly commutable representation and transportation
allowance (RATA)? The GAA of 1993 or the LGC of 1991? The LGC
compared with. To determine whether a law is special or general in a case, one must see the
law with reference to the law it conflicts with.
The GAA of 1993 &
Local Government Code, NCC 67
Sec. 447 (a)(1)(xi) General Law
Special Law The following officials and those of equivalent rank as may be
If the law provides for a more general rule than the other law, it is considered a general law.
Likewise, when the law provides for more details in a certain subject than the other law with the
same subject, it is considered a special law.
determined by the Department of Budget and Management (DBM) while in the actual performance of their respective
functions are hereby granted monthly commutable RATA payable from the programmed appropriations provided for
their respective offices, not exceeding the rates indicated below
In all cases, commutable and reimbursable RATA shall be paid from the amount appropriated for the purpose and
other personal services savings of the agency or project from where the officials and employees covered under this
Circular draw their salaries. No one shall be allowed to collect RATA from more than one source
(a) The sangguniang bayan, as the legislative body of the municipality, shall enact ordinances, approve resolutions
and appropriate funds for the general welfare of the municipality and its inhabitants . . ., and shall:
(1) Approve ordinances and pass resolutions necessary for an efficient and effective municipal government, and in
this connection shall:
(xi) When the finances of the municipal government allow, provide for additional allowances and other benefits to
judges, prosecutors, public elementary and high school teachers, and other national government officials stationed in
or assigned to the municipality;
3
9
XIII. Statutory Construction and the
Constitution
Self-Executing Provisions All provisions in the

constitution are self-executory, meaning they can
be executed alone without a law supplementing
them, except for provisions that lay down a general
principle, such as those found in Art. II of the 1987
Constitution.
Prohibitory Provisions Wherever the language used

in the Constitution is prohibitory, it is to be
understood as intended to be a positive and
unequivocal negation. The phrase “unless
otherwise provided” in the Constitution must be
given a literal interpretation to refer only to those
particular instances cited in the Constitution itself.
Special Provisions In the Constitution, a special

provision prevails over a general one
Suprema Lex The Constitution is the Supreme Law

of the land. It is the law of all laws. Hence, if there
is conflict between a statute and the Constitution,
the statute shall yield to the Constitution.
Art. 7 of the Civil Code provides that when the

courts declared a law to be inconsistent with the
Constitution, the former shall be void and the latter
shall govern. Administrative or executive acts,
orders and regulations shall be valid only when
they are not contrary to the laws or the Constitution.

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V.

A. Verba Legis (Plain Meaning

IV. Statutes in Legis ...................................................................

A. The Power to Make E. Casus Omissus pro omisso habendus

B. The Passage of a F. Stare

C. Against Implied XI. Prospective and Retrospective

D. Against XII. Conflicting

E. Against XIII. Statutory Construction and the

F. Against Violations of International

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

Olivia S. Pascual and Hermes Pascual v.

...an act of liberality whereby a person disposes

Taken together with the Civil Code definition of

Doctrine #4 The first

People of the Philippines v. Mario Mapa Y

The law is explicit that except as thereafter

Doctrine #5 The duty of

People of the Philippines v. Patricio Amigo (G.R.

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

1. General Law One that affects the community at

9. Prospective Law A law applicable only to cases

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

Two Categories of Implied

(1) Irreconcilable Inconsistency Where provision in

(2) Substitution If the later act covers the whole

H. Statutes vis a vis Ordinances An ordinance is an

Under the LGC of 1991, the legislative bodies of

All these local legislative bodies have the authority

Note: In case of conflict between an ordinance and

Ratio: Municipal governments are only agents of

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

Legislative intent must be ascertained from a

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

Doctrine #3 The Elena Salenillas and Bernardino Salenillas v. Hon.

With the termination of martial law and the

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

A co-terminous employee is a non-career civil

People v. Manantan (G.R. No. L-14129, July

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

Tala Realty Services Corp. v. Banco Filipino

Prior ruling: The 11-year contract is a forged

J.R. A. Phils. Inc. v. Commissioner of Internal

Courts are bound by prior decisions. The issue in

Doctrine #1 When the

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

F. Use of Permissive and Imperative

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

Munoz v. COMELEC et al. (G.R. No. 170678, July

PNB v. Court of Appeals (222 SCRA 134, May 17,

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

ALU-TUCP v. NLRC et al. (G.R. No. 109902,

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

Doctrine #1 All laws The prohibition against cruel and unusual

Can a person who used a different name belonging

The enactment of C.A. No. 142 as amended was

While the act of petitioner may be covered by other

F. Against Violations of International Law The

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

The records of the Batasan, Vol. III, unmistakably