Subject: JDSTAT - Statutory Construction

Name of Teacher: RANDY P. ZARATE

Email Address: rpzarate@neu.edu.ph
Consultation Schedule: Monday to Friday 9:00 am to 5:00
p.m.

A general course given to freshmen, providing for an overview of the various aspects of the
concept of law, with emphasis on the relationship between law, jurisprudence, equity,
courts, society and public policy, presented through selected provisions of law, cases and
other materials depicting settled principles and current developments, both local and
international, including a review of the evolution of the Philippine legal system.

 COURSE OUTLINE

Course Title: Statutory Construction

Instructor: Atty. Randy P. Zarate
No. of Units: 2
Semester/ SY: 1st Semester / 2020-2021
Department:

I.      COURSE DESCRIPTION AND  OBJECTIVES

Course Description

A course that explores the use and force of statutes and the principles and methods of their
construction and interpretation. (Legal Education Board Memorandum Order No. 1 [s.
2011]).

Methodology

·       case-analysis 
·       essay writing
·       lecture-recitation
·       group/team projects
·       individual/group reports and presentations
·       reflection
legal writing: brief-making, contract drafting, etc.

Principal References:

1.     The 1987 Constitution

2.     New Civil Code

3.     Decisions of the Supreme Court of the Philippines

Course Objectives & Learning Outcomes

GENERAL SPECIFIC LEARNING

OBJECTIVE (GO) OBJECTIVES (SO) OUTCOMES (LO)

LO1: Understand core Philippine
jurisprudence and the generally
accepted canons of statutory
construction
SO1: To impart among law students a
broad knowledge on how to read and  
interpret statutes.
LO2: Ability to continuously
  develop and sharpen the
following lawyer-skills:
SO2: To enhance case analysis
abilities of law students, thereby a. Issue-spotting based on a set of
enabling them to analyze, articulate facts;
and apply laws effectively, as well as
to allow them to have a holistic b. Ability to select the appropriate
GO1: To prepare approach to legal problems and issues doctrine/canon and apply it to
students for the related thereto. relevant facts;
practice of law.
   c. Development and assessment
of competing legal and policy
SO3: To prepare law students for the arguments, informed by critical
bar examinations, advocacy, legal and social perspectives.
counselling, problem-solving and
decision-making needed in the legal LO3: Ask relevant and critical
practice. questions about key issues in
constitutional and statutory
  construction.

   

LO4: Ability to relate the subject

to actual situations or current
events.
GO2: To contribute SO4: To develop the ability of law LO5: Identify, relate and present
towards the promotion students to deal with recognized legal solutions to problems besetting
 legislative drafting to avoid vague
laws.

LO6: Develop the ability to

appreciate the law from a
multidisciplinary perspective

 
and advancement of
problems and to identify potential LO7: Apply ethically the
justice and the
legal and policy recommendations to statutory construction skills in the
improvement of its
address the same. students’ Clinical Legal
administration, the
Education Program. Specifically,
legal system and legal
  students will have the skill
institutions in the light
to conduct fact investigation
of the historical and
SO5: To produce lawyers who tailored to a particular legal
contemporary
conscientiously pursue the lofty goals problem through:
development of law in
of their profession and to fully adhere
the Philippines and in
to its ethical norms. a.     recognition of the need for
other countries.
fact investigation;

b.     ability to develop and

implement an organized strategy
for factual investigation.

c.      ability to evaluate and

modify strategies when
necessary.

 
LO8: Engage relevant
SO6: To inculcate in law students the
GO3: To train persons stakeholders in the promotion and
ethics and responsibilities of the legal
for leadership. further development of statutory
profession
construction and interpretation.

Recommended textbook: Agpalo, Statutory Construction, latest ed.

Week Topics / sub-topics:

1    
A. Introduction to Statutory Construction

 
 B.  Related Legal Principles

1. Separation of Powers

2. Hierarchy of Laws

3. Stare Decisis

 
  Required Readings/Assignments:

1.     Separation of Powers :

Angara vs. Electoral Commission, G.R. No. 45081, July 15, 1936.

Tañada vs. Yulo, G.R. No. 43575, May 31, 1935.

2.     Hierarchy of Laws

Article 7, Civil Code

3.     Stare Decisis

Article 8, Civil Code

Pepsi-Cola Products Philippines, Inc., et al. Vs. Pagdanganan, G.R. No. 167866,
October 12, 2006.
Week Topics / sub-topics:
2    
Introduction to Statutory Construction (Cont.)

1. Definition

2. Characteristics of Construction

3. Purpose.

4. Theories of Interpretation

a. textualist
 b. intentionalism

c. purposivism

Required Readings/Assignments:

Caltex vs. Palomar, G.R. No. L-19650, Sept. 29, 1966 (Definition)

Philippine American Drug Co. vs. CIR, G.R. No. L-63915, April 24, 1985.
(Characteristics)

 
Week 3  Topics / sub-topics:

SUBJECT MATTER OF CONSTRUCTION

A. Subject of Construction; Types of Laws

1. Constitution

2. Statutes

3. Presidential Issuances

4. Implementing Rules and Regulations

5. Ordinances

B. Parts of a Statute

1. Title

2. Preamble
 3. Enacting Clause

4. Body

5. Headnotes and Epigraphs

6. Repealing Clause

7. Separability Clause

8.Effectivity Clause

Required Readings/Assignments:

Recommended Readings:

 
Week Topics / sub-topics:
4    
VERBA LEGIS AND RATIO LEGIS; MEANING AND INTENT

A. Introduction

B. Verba Legis

C. Ratio Legis; Spirit of the Law

D. Framework

E. Legislative Error; Enrolled Bill

Required Readings/Assignments:

Recommended Readings:

 
Week Topics / sub-topics:
5    
 PRINCIPLES OF CONSTRUCTION

A. General Principles of Construction

1. Law Construed as a Whole

2. Presumption of Justice (Article 10, Civil Code)

3. Construction Consistent with the Constitution

4. Construction to Render Provisions Effective

Required Readings/Assignments:

Recommended Readings:

 
Week Topics / sub-topics:
6    
PRINCIPLES OF CONSTRUCTION (Cont.)

B. Legislative Policies and Presumptions

1. Penal Laws

2. Tax Laws

3. Social Legislation

4. Rules of Court

5. Adoption Laws

6. Local Autonomy

7. Naturalization Laws
 8. Election Laws

9. Prescriptive Periods

Required Readings/Assignments:

Recommended Readings:

 
Week Topics / sub-topics:
7    
PRINCIPLES OF CONSTRUCTION (Cont.)

10. Constitutional Construction

a. Framework

b. Self-Executing vs. Non Self-Executing Provisions

C. Administrative Construction

Required Readings/Assignments:

Recommended Readings:

 
Week Topics / sub-topics:
8    
Summary of Previous Topics

 
Week Topics / sub-topics:
9    

MIDTERMS EXAMINATION

 
Week Topics / sub-topics:
10    
CONSTRUCTION OF WORDS AND PHRASES IN A STATUTE

1. General Words Construed Generally

2. Provisos

3. Ordinary Words Understood in Ordinary Sense; Technical Words in Technical

Sense

4. Generic Words and Progressive Construction

5. Punctuation Marks

6. Use of Specific Words

a. And/Or

b. Mandatory and Permissive Words; Shall/May

c. Including/Involving

d. Affirmative and Prohibitory

e. Exceptions

f. Periods

g. Plural Words and Singular Words

Required Readings/Assignments:

 
 Recommended Readings:

 
Week Topics / sub-topics:
11   
 

CONSTRUCTION OF WORDS AND PHRASES IN A STATUTE (Cont.)

B. Association and Relationship of Words, Phrases and Provisions

1. Noscitur a Sociis

2. Ejusdem Generis

3. Express Mention and Implied Exclusion

4. Necessary Implication

Required Readings/Assignments:

Recommended Readings:

 
Week Topics / sub-topics:
12   
 

CONSTRUCTION OF WORDS AND PHRASES IN A STATUTE (Cont.)

5. Casus Omissus

6. Each to Each

7. Qualifying Terms; Last Antecedent

8. Context and Related Clauses.

  

Required Readings/Assignments:

Recommended Readings:

 
Week Topics / sub-topics:
13  
EXTRINSIC AIDS OF CONSTRUCTION

A. Extrinsic Aids of Construction in General

Required Readings/Assignments:

Recommended Readings:

 
Week Topics / sub-topics:
14  
EXTRINSIC AIDS OF CONSTRUCTION (Cont.)

B. Extrinsic Aids

1. Legislative Deliberations

2. Legislative History

3. Contemporaneous Circumstances

4.Legislative Practice; Reference to Other Statutes

5. Statutes Borrowed from Foreign Jurisdictions

Required Readings/Assignments:
  

Recommended Readings:

 
Week Topics / sub-topics:
15    
CONSTRUCTION OF CONFLICTING PROVISIONS

A. Statutes In Pari Materia

B. Rules on Resolving Statutes in Pari Materia

1. Special Law versus General Law

2. Substantive Law versus Procedural Law

3. Earlier Law versus Later Law; Amendment and Repeal.

Required Readings/Assignments:

Recommended Readings:

 
Week Topics / sub-topics:
16  
PROSPECTIVITY AND RETROACTIVITY

A. Prospective and Retroactive Laws in General

B. Prospectivity of Laws

C. Retroactivity of Statutes

1. Procedural Rules

2. Police Power

3. Curative Laws

4. Penal Laws
  

D. Prospectivity and Retroactivity of Judicial Decisions

Required Readings/Assignments:

Recommended Readings:

 
Week Topics / sub-topics:
17  
INTERPRETATION OF CONTRACTS

A. Contracts in General

B. Interpretation of Contracts

C. Legal Provisions on the Interpretation of Contracts

Required Readings/Assignments:

Recommended Readings:

 
Week Topics / sub-topics:
18  
FINALS EXAM

III.   COURSE REQUIREMENTS AND GRADING SYSTEM

Graded Recitations[1]:            10%

Quizzes:                                10%
Seat-works (VLE):                20%

Group projects:                     10%

Midterms examination[2]:     25%

Final Examination[3]:             25%

IV.   COURSE POLICIES

Because of existing health protocols, the whole course will be delivered through:

1.     Synchronous method: virtual classroom through google meet. Every student shall be
provided with an official NEU email address where the schedule and link will be sent in
advance. Students in this class are expected to check their official emails at daily. Students
should expect to receive further instructions regarding synchronous class sessions from the
Deans’ Office.

2.     Asynchronous method: lectures, reading assignments, group projects, seat works,

as well as online quizzes will delivered through the official NEU Virtual Learning
Environment (VLE) platform.

V.     CONTACT AND OTHER INFORMATION

Professor may be reached at his official email: rpzarate@neu.edu.ph

Note: The professor reserves the option of amending the reading list and
assignments as exigencies warrant.

 Course Description
Course Description

A course that explores the use and force of statutes and the principles and methods of their
construction and interpretation. (Legal Education Board Memorandum Order No. 1 [s.
2011]).

 Course Learning Outcomes

Course Objectives & Learning Outcomes

 
 GENERAL SPECIFIC LEARNING

OBJECTIVE (GO) OBJECTIVES (SO) OUTCOMES (LO)

LO1: Understand core Philippine
jurisprudence and the generally
accepted canons of statutory
construction
SO1: To impart among law students a
broad knowledge on how to read and  
interpret statutes.
LO2: Ability to continuously
  develop and sharpen the
following lawyer-skills:
SO2: To enhance case analysis
abilities of law students, thereby a. Issue-spotting based on a set of
enabling them to analyze, articulate facts;
and apply laws effectively, as well as
to allow them to have a holistic b. Ability to select the appropriate
GO1: To prepare approach to legal problems and issues doctrine/canon and apply it to
students for the related thereto. relevant facts;
practice of law.
   c. Development and assessment
of competing legal and policy
SO3: To prepare law students for the arguments, informed by critical
bar examinations, advocacy, legal and social perspectives.
counselling, problem-solving and
decision-making needed in the legal LO3: Ask relevant and critical
practice. questions about key issues in
constitutional and statutory
  construction.

   

LO4: Ability to relate the subject

to actual situations or current
events.
GO2: To contribute SO4: To develop the ability of law LO5: Identify, relate and present
towards the promotion students to deal with recognized legal solutions to problems besetting
and advancement of problems and to identify potential legislative drafting to avoid vague
justice and the legal and policy recommendations to laws.
improvement of its address the same.
administration, the  
legal system and legal  
institutions in the light LO6: Develop the ability to
of the historical and SO5: To produce lawyers who appreciate the law from a
contemporary conscientiously pursue the lofty goals
 multidisciplinary perspective

LO7: Apply ethically the

statutory construction skills in the
students’ Clinical Legal
Education Program. Specifically,
students will have the skill
to conduct fact investigation
tailored to a particular legal
development of law in problem through:
of their profession and to fully adhere
the Philippines and in
to its ethical norms.
other countries. a.     recognition of the need for
fact investigation;

b.     ability to develop and

implement an organized strategy
for factual investigation.

c.      ability to evaluate and

modify strategies when
necessary.

 
LO8: Engage relevant
SO6: To inculcate in law students the
GO3: To train persons stakeholders in the promotion and
ethics and responsibilities of the legal
for leadership. further development of statutory
profession
construction and interpretation.