Based on notes by Ruben Agpalo 6th Edition Statutory Construction

CONSTRUCTION INTERPRETATION

Statutory construction Makes use of extrinsic aids or Makes use of intrinsic aids or
those found outside of the those found in the statute
written language of the law itself
BASIC CONCEPTS Purpose: ascertain & give effect to the legislation intent.
LAWS - The whole body or system of law. In jural and concreate
sense, law means a rule of conduct formulated and made APPLY THE LAW INTERPRET THE Construct the
obligatory by legitimate power of the state LAW Law
When the law When there is When the intent
Includes statutes enacted by the legislature, presidential decrees speaks in clear and ambiguity in the of the
and executive orders issued by the President in the exercise of his categorical language of the legislature
ordinance, rulings of the SC construing the law, rules and language statute, ascertain cannot be
regulations promulgated by administrative or executive officers. legislative intent by ascertained by
making of intrinsic merely making
aids or found in the use of intrinsic
GENERAL LAW SPECIAL LAW LOCAL LAW law itself aids, or those
Applies to the Relates to Operation is found outside
whole state & particular persons confined to a the language of
operates or things of a class specific place or law.
throughout the or particular locality (municipal Purpose: ascertain & give effect to the
state alike upon all community, ordinance) legislation intent.
the people or all of individual or thing
a class The object of all judicial interpretation of a statute is to
• Determine legislative intent
• What intention is conveyed, either expressly or impliedly
STATUTES – an act of the legislature as an organized body, • By the language used
expressed in the form, and passed according to the procedure, • Will of the law-making body
required to constitute it as part of the law of the land. • The end that it may be enforced.

STATUTES
An act of the legislature as an organized body, expressed in the
form and passed according to the procedure, required to constitute
it as part of the law of the land
• Enacted and passed by Philippine Commission, the
Philippine Legislature, Batasang Pambansa and Congress
of the Philippines
STATUTORY CONSTRUCTION
3 Cardinal rules when the wordings of the Constitution are subject
to interpretation:
1. Verba Legis – whenever possible, the words used in the
Constitution must be given their ordinary meaning except
where technical terms are employed.
2. Ratio Legis Esst Anima – in case of ambiguity, the words
of the Constitution should be interpreted in accordance
with the intent of its framers.
3. Ut Magis Valeat Quam Pereat – the Constitution should
be interpreted as a whole, but if the plain meaning of the
word is not found to be clear, resort to other aids is
available.

STATUTORY CONSTRUCTION Who interprets the law?

The act of process of discovering and expounding the meaning and
intention of the authors of the law with respect to its application to
a given case, where that intention is rendered doubtful, among
others, by reason of the fact that the given case is not explicitly
provided in the law.
CONSTRUCTION
The art or process of discovering and expounding the meaning and
intention of the authors of the law, where that intention is
rendered doubtful b reason of the ambiguity in its language or the
fact that the given case is not explicitly provided for in the law
General Rules of Construction
• Tools used to ascertain legislative intent
• In enacting a statute, the legislature is presumed to know
the rules of the statutory construction
• A which is ambiguous and deficient is a bad law-bad law
makes cases hard
Purpose or object of construction
CARDINAL RULE: All laws is to ascertain and give effect to, the intent
of the law.
All rules of construction or interpretation have for their sole object
the ascertainment of the true intent of the legislature.
• ANYONE can interpret the law (Lawyers, policemen,
arbiters, admin boards and agencies, gov’t, private
executives BUT their interpretation doesn’t necessarily
conclusive nor can they bind the courts.
Purpose of Interpretation and Construction
• Ascertain and give effect to the legislative intent
Nature of the Rules of Statutory Construction
• When the words of a statute are clear, plain and free
from ambiguity, it must be given its literal meaning and
applied without attempted interpretation.
AMBIGUITY – doubtfulness, doubleness of meaning, indistinctness
or uncertainty of meaning of an expression used in a written
instrument.
Legislative Power – the authority of Congress to make laws and to
alter or repeal them.
• The authority, under the Constitution, to make laws, and
to alter and repeal them.
• Power to enact laws, executive power; to execute the
laws; judicial, to interpret and apply the laws
• Grant of the legislative power to Congress is broad,
general and comprehensive.
 • Possesses plenary power for all purposes of civil
government.
• Embraces all subjects and extends to matters of general
concern or common interest
• Legislative power is vested in the Congress of the
Philippines, consisting of a Senate and a House of
Representatives, not in particular chamber.
2 kinds of legislative powers:
1. Original Legislative Power- power belonging to the
sovereign people and this is supreme
2. Derivative Legislative Power – delegated by the sovereign
people to the legislative bodies and it is subordinate to
the original power of the people.
Legislative Intent – the essence of the law composing the
meaning and purpose of the law
• The spirit which gives life to legislative enactment
• Primary source of legislative intent is the statute itself-
has to be discovered from the four corners of the law
Legislative Purpose – reason why a particular statute was
enacted; the objective why the law was created
Legislative Meaning – what the law, by its language means; the
meaning determined by the language of the law
3 ways a law is passed:
1. Approval and signing of the president
2. When there’s no communication on the veto of President
for 30 days
3. Vetoed bill is repassed by the Congress by 2/3 of its
member, from houses voting separately
1st reading
Reading of the number and the title of the bill, then referral to the
appropriate committee for study and recommendation. Conduct of
public hearing by the Committee and submits report and
recommendation
2nd Hearing
• The bill shall be read in full with the amendments
proposed by the committee
• Copies are distributed and such reading is dispensed with
• The bill is subject to debates, pertinent motions, and
amendment
• The amendments shall have acted upon, the bill be voted.
• After the approval of the bill, the 2nd reading shall be
included in the calendar of bills for 3rd reading
3rd Reading
• A bill is approved by either House after it has gone 3
readings (art. 6 sec. 26)
• The bill is passed by the voting of the separate Houses
• Conference committee reports of which the bill is
approved on 3rd reading by one House is transmitted to
the other House for concurrence, which will follow
substantially the same route as bill originally filed with it.
• It should be approved in the Congress and then
transmitted to the Senate for approval
• Conference committee is the mechanism for composing
differences between the Senate and the House in the
passage of a bill into law.
• 3 versions of a bill or revenue bill originating from the
lower House: (1) From the lower house; (2) Senate; (3)
conference committee
• Bill approved by the Houses shall be transmitted to the
President for appropriate action
• Bill is then authenticated by the Speaker and the Senate
President of the printed copy of the approved bill.
• President’s approval or veto
Enrolled Bill
Bill as passed by Congress, authenticated by the House Speaker and
Senate President and approved by the President
RULE: The text of the act as passed and approved is deemed
importing absolute verity and is binding on the courts. If there has
been any mistake in the printing of the bill before it was certified,
the remedy is by amendment by enacting a curative legislation and
not a judicial decree.
PRESUMPTION: It carries on its face a solemn assurance by the
legislative and executive departments of the government that it
was passed by the assembly. Hence, the respect due to co-equal
and independent departments requires the judiciary to act upon
that assurance and to accept all bills duly authenticated.
POWER TO CONSTRUE AS A JUDICIAL FUNCTION
>construction is a judicial function
The duty & power to interpret or construe a statute or the
Constitution belong to the judiciary.
• The court has the final word as to what the law means
• Construes or applies the law as it decides concrete and
controverted cases based on the facts and the law
involved.
• Does not give hypothetical cases or in cases which have
become as a rule, moot and academic.
• The legislature has no power to overrule the
interpretation or construction of a statute or the
Constitution by the SC
• Judicial ruling of the high tribunal construing a law forms
part of the law as of the date of its enactment, it cannot
give retroactive effect if to do so will impair vested rights
– “lex prospicit, non respicit” the law looks forward not
barckwards
• Courts may not enlarge the scope and restrict statutes
• Courts not be influenced by questions of wisdom, justice
or expediency of legislation-it is not within their province
to supervise legislation and keep it within the bounds of
propriety and common sense.
STATUTORY CONSTRUCTION v. JUDICIAL LEGISLATION
a. Principle of Separation of Powers
i. Rationale
ii. Checks and Balances
b. Overlap of Government Functions
c. Status of SC Rulings
i. Part of the law of the land
• Judicial decisions applying or interpreting the laws or
the Constitution shall form of the legal system of the
Phil.
• Statutory Fiat – rulings of the court of last resort
applying or interpreting a statute become part of the
statute itself
• Legis interpretato legis vim obtinet – maxims that
means that the authoritative interpretation of the SC
of a statute requires the force of law by becoming a
part thereof as of the date of its enactment, since the
court’s interpretation merely establishes the
contemporaneous legislative intent that the statue
thus construed intends to effectuate.
ii. Principle Comparison: Stare Decisis v. Ratio Decidendi
• Stare decisis et non quieta novere (p.202)
 - Expressed in Art. 8 of Civil Code
- Principle which means the SC has once laid down a
principle of law as applicable to a certain state of
facts, it will adhere to that principle and apply it to
all future cases where the facts are substantially the
same.
- Assures certainty and stability in the legal system
- What has been settled is not to be disturbed
• Ratio decidendi
- Rationale for the decision
- The factual point or chain of reasoning in a case
that drives the final judgment
- When considering earlier cases as precedent,
courts often ask parties to be very clear about
how they interpret the main guiding principle of
ration decidendi of the earlier case.
iii. Principle of Prospectivity
- SC decisions form part of the law of the land, they
are however, subject to Art. 4 of Civil Code that
provides “laws shall have no retroactive effect
unless the contrary is provided” – lex prospicit, non
respicit (the law looks forward not backwards)
- A sound canon of statutory construction is that a
statute operates prospectively
- Lex de future, judex de praeterito – the law
provides for the future, the judge for the past
- Nova constitution futuris formam imponere debet
non praeteritisn- a new statute should affect the
future, not the past.
- Applies to statutes, administrative rulings and
circulars and judicial decisions.
Statutes given prospective effect
PENAL STATUTES or penal laws
• Penal laws or those laws which define offenses and
prescribes penalties for their violation operate prospectively.
• Art. 21 RPC “no felony SHALL be punishable by any penalty
not prescribed by law prior to its commission”.
• Based on the legal maxim nullum crimen sine poena, nulla
poena sine legis – no crime without a penalty and there’s no
penalty without a law.
d. What is Judicial Legislation?
JUDICIAL LEGISLATION
The move of a court to step in to:
✓Craft missing parts
✓Fill in the gaps in laws
✓Or when it oversteps its discretional boundaries & goes
beyond the law to coin doctrines or principles which are not
previously established.
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Transcript from session 1:
Can judiciary look into the executive?
Courts have to wait first for any petitions or cases be filed since
courts cannot initiate it first
Checks and Balance
When Congress passes a law, how do Congress enact a law?
Art. 6 Sec. 26: (1) Every bill passed by the Congress shall embrace
only one subject which shall be expressed in the title thereof.
When can Pres. Duterte enter into treaties?
He can enter on his own but this has to be submitted to the
Congress for voting (2/3)
On pulling out the Visiting Forces Agreement (VFA) by Duterte
The Senate cannot be required to vote for it since it is not a treaty-
but an agreement
When can Pres. Duterte declare a martial law?
Conditions must be present on:
1. Invasion or rebellion
2. When public safety requires it
If there is rebellion but public safety is not at risk
President cannot declare martial law
What shall the President do after the martial law?
President must submit a report to Congress to revoke or extend it.
When would judiciary ask?
If a case is filed questioning the legal basis (Locus standi)/reason
behind the declaration of martial law. If there’s complaint then the
judiciary can check it.
Justices of the SC are appointed by the President
Although Pres. Appoints them, this appointment must 1st e
approved by the Commission of Appointments then to Legislative
branch to see if any of the appointed is qualified for the position
Law making belongs only to the Congress, can President tell or
mandate the Congress what laws to make? Or can the President
propose to Congress what to law to make?
No. It can only be introduced only by a member of Congress
Yes-if during SONA, if the President attends, then he can only
propose but never mandate since law making power is vested to
Congress.
Can the President modify the court decisions on amendments of
the Constitution?
No. It is not allowed as stated in Constitution
A convict sentenced to reclusion perpetua to pardon who has been
sentenced – accused convicted by Court
It is only the President who can exercise the power to grant
pardon/clemency and not modify the decisions of the Court
Can legislative department amend or revoke the decisions of the
court? Or what can they do if it turns out if the SC makes a mistake
in their decision?
No, but the Legislative department will enact a law in effect
correcting the interpretation of the SC – e.g. imposing the
wordings/new enactment so that the intent of legislative
department be seen.
Does judiciary have the power to make a law?
No. It is not given on Art. VIII but their decisions form part of the
law. They are only considered interpretations of the law and they
can only construe or interpret the law.
There is no judicial legislation
Applying the stare decisis then there’s an erroneous decision,
would you still apply the principle? Would they still the erroneous
decision?
No. They are not bound by it; abandon it and decide on it.
Obiter dictum – dissenting opinion (don’t cite separate opinions)
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SUBJECTS OF CONSTRUCTION
Most common subjects of construction and interpretation are the
constitution and statutes which include ordinances. But we may
also add resolutions, executive orders and department circulars.
SUBJECTS OF CONSTRUCTION
a. The Constitution
b. Statutes
c. Presidential Issuances, Rules and Ordinances
The Constitution
• The fundamental law which sets up a form of government
and defines and delimits the powers thereof and those of
its officers, reserving to the people themselves plenary
sovereignty
• Defined also as a fundamental law or basis of
government, established by the people in their sovereign
capacity, to promote their happiness and to secure their
rights, property, independence and common welfare.
• A written charter enacted and adopted by the people by
which a government for them is established and by which
the people give organic and corporate form to those ideal
things, the state, for all the time to come.
• A system of fundamental laws for the governance and
administration of a nation.
• Must be construed in its entirety as one, single
document.
• Generally worded for it to be flexible. No technical words
which have “well-understood meaning”
PRIMARY PURPOSE:
• To ascertain the intent or purpose of the framers as
expressed in the language of the fundamental law, and
assure its realization.
FUNDAMENTAL PRINCIPLE OF CONSTITUTIONAL CONSTRUCTION:
• Give effect to the intent of the framers of the organic law
and of the people adopting it
• The interpretation of the Constitution should be done
with a view to realizing this fundamental objective.
How the Constitution should be construed:
1. Plain meaning
2. Intent of the framers
3. Interpretation as a whole
4. Cases
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1. LITERAL MEANING OR PLAIN-MEANING RULE
Maxim: Verbal egis (p.131)
• If a statute is clear, plain and free from ambiguity, it must
be given its literal meaning and applied without attempted
interpretation.
• Expressed in the maxim index animi sermo or speech is the
index of intention
Rule: Rests on the valid presumption that the words employed by
the legislature in a statute correctly express its intent or will and
preclude the court from construing it differently.
The legislature is presumed to know the:
✓ Meaning of the words
✓ To have used the words advisedly
✓ To have expressed its intent by the use of such words as
are found in the statute
Verbal egis non est recedendum
• From the words of a statute of a statute there should be no
departure
Elementary rule in statutory construction:
• Where the law is clear and unambiguous, it must be taken
to mean exactly what it says and the court has no choice
but to see to it that its mandate is obeyed.
• Where the law is clear and free from doubt or ambiguity,
there is no room for construction or interpretation.
• Absoluta sententia expositore non indiget
- When the language of the law is clear, no explanation
of it is required.
Fundamental rule:
• The legislative intent must be determined from the
language of the statute itself must be adhered to even
though the court is convinced by extraneous circumstances
that the legislature intended to enact something very
different from that which it did enact.
• To depart from the meaning expressed by the words is to
alter the statute, to legislate and not to interpret.
• Maledicta est expositio quae corrumpit textum
- It is dangerous construction which is against the text.
• Dura lex sed lex
- The law may be harsh, but it is still the law
• Hoc quidem perquam durum est, sed ita lex scripta est
- It is exceedingly written hard but so the law is written
- The principle should be applied regardless of whether
it is unwise, harsh or hard.
If the law is clear and free from doubt, it is
✓ Sworn to duty of the court to apply it without fear or favor
✓ To follow its mandate
✓ Not to tamper with it
When to reject a literal application/interpretation of a statute:
✓ If it will operate unjustly
✓ Lead to absurd results
✓ Contradict the evident meaning of the statute taken as a
whole
Statutes should receive a sensible construction, such as will give
effect to the legislative intention and so as to avoid an unjust or an
absurd conclusion.
• When a literal adherence to the language of a statute
would produce absurd result unless the appropriate word
or words are written or omitted therein, the court has the
power to supply or omit the words from a statute in order
to prevent an absurd result.
2. INTENT OF THE FRAMERS
Maxim: Mens Legislatoris
• Intent of the legislators
• Expressed in the maxim index animi sermo or speech is
the index of intention
3. INTERPRETATION AS A WHOLE
Maxim: Interpretatio fienda es tut res magis valeat quam pereat
- A law should be interpreted with a view to upholding rather
than destroying it
- One portion of a statute should not be construed to destroy
the other.
• The whole and every part of a statute should be construed
together
• Court: the law must be considered as a whole, just as it is
necessary to consider a sentence in its entirely in order to
grasp its true meaning.
 • A statute must be so construed as to harmonize and give
effect to all its provisions whenever possible.
• A statute must receive such reasonable construction as will,
if possible, make all its parts harmonize with each other,
and render them consistent with its scope and object.
• All the provisions, even if apparently contradictory, should
be allowed to stand and given effect by reconciling them.
• The statute must be so construed as to prevent a conflict
between parts of it.
• Special & general provisions in some statute:
- Where there is a particular or special provision & a
general provision in the same statute and a latter in its
most comprehensive sense would overrule the former,
the particular lot special provision must be operative
and the general provision must be taken to affect only
the other parts of the statute to which it may properly
apply.
Cardinal rule in stat con: the particular words, clauses, and phrase
should not be studied as detached and isolated expressions, but the
whole and every part of the statute must be considered in fixing the
meaning of any of its parts and in order to produce a harmonious
whole.
How Courts construe a statute as a whole:
✓ Take the thought conveyed by the statute as a whole
✓ Construe the constituent parts together
✓ Ascertain the legislative intent from the whole act
✓ Consider each and every provision thereof in the light of the
general purpose of the statute
✓ Endeavor to make every part effective harmonious and
sensible
✓ Maxim: ut res magis valeat quam pereat
- Construction is to be sough which gives effect to
the whole of the statute-its every word.
4. Cases
POWER OF JUDICIAL REVIEW
Requisites of Judicial Review
a.) Sec. 1, Art. VIII “The judicial power shall be vested in one
Supreme Court and in such lower courts as may be established by
law. Judicial Power includes the duty of the courts of justice to
settle actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or not
there has been a grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch or instrumentality
of the Government.”
b.) Requisites:
1. There must be an ACTUAL CASE OR CONTROVERSY;
2. The person bringing up the issue of constitutionality must have
LEGAL STANDING (locus standi);
3. The constitutional issue must be RAISED AT THE EARLIEST
POSSIBLE OPPORTUNITY – On the PLEADINGS;
4. The constitutional issue must be the LIS MOTA of the case.
ROLE OF PREAMBLE
PREAMBLE
• A prefatory statement or explanation of a finding of facts,
reciting the purpose, reason or occasion for making the
law to which it is prefixed.
• Part of the statute written immediately after its title,
which states the purpose, reason, or justification for the
enactment of the law
• Expressed in the form of ”Whereas” clauses
• Generally omitted in statutes passed by the
✓ Philippine Commission
✓ Philippine Legislature
✓ National Assembly
✓ Congress of the Philippines
✓ Batasang Pambansa
• Held that it is the key of the statute, to open the minds of
the lawmakers as to the purpose to be achieved, the
mischief to be remedied and the object to be
accomplished, by the provisions of the statute
• Sets the intention of the legislature
• Usually found after the enacting clause and before the
body of the law
• Presidential decrees and EOs generally have preambles
because, unlike statutes enacted by the legislature in
which the members thereof expound on the purpose of
the bill in its explanatory note or in the course of
deliberations, no better place than in the preamble can
the reason and purpose of the decree be sated
• Play an important role in the construction of Presidential
Decrees
• While the preamble of a statute is not strictly a part
thereof, it may, when the statute is in itself ambiguous
and difficult of interpretation, be resorted to, but not to
create a doubt or uncertainty which otherwise does not
exist
Cases:
1. Aglipay v. Ruiz (64 Phil. 201)
2. Estrada v. Escritor (A.M. No. P-02-1651)
3. Imbong v. Ochoa (G.R. No. 176579)
4. Narra Nickel Mining and Development Corp. v. Redmont
Consolidated Mines Corp. (G.R. No. 195580)
PRINCIPLE OF CONSTITUTIONAL SUPREMACY
Principle of Constitutional Supremacy
• If a law or contract violates any norm of the constitution
that law or contract whether promulgated by the
legislative or by the executive branch or entered into by
private persons for private purposes is null and void and
without any force and effect.

PROGRESSIVE INTERPRETATION
PROGRESSIVE INTERPRETATION
• Extends by construction the application of a statute to all
subjects or conditions within its general purpose or scope
that come into existence subsequent to its passage and thus
keeps legislation from becoming ephemeral and transitory
unless there is a legislative intent to the contrary.
• It is a rule of statutory construction that legislative
enactments in general and comprehensive terms,
prospective in operation, apply alike to all persons, subjects
and business within their general purview and scope coming
into existence subsequent to their passage.
Kinds of Statutes: As to Application
MANDATORY One which must be observed; a statute
which contains a word of command or
prohibition which a person has no
choice but to obey
DIRECTORY One which leaves it optional with the
department of officer to which it is
addressed to obey it or not, as he may
see fit; permissive in operation; a statute
which operated to confer discretion
upon a person namely to act according
to the dictates of their own judgment
and conscience and not controlled by
the judgment of others.

Orceo V. COMELEC Kinds of Statutes: As to Performance/Duration

The interpretation of the term “firearm’ if it can also be applied to Permanent Whose operation is not limited in
airsoft guns-which are in nature, for leisure purposes. COMELEC duration but continues until repealed.
issued a resolution stating that even a replica of these guns are Temporary Whose duration is for a limited period of
prohibited because it will stir fear to people who can’t distinguish a time fixed in the statute itself or whose
fake from real gun and WN they have committed grave abuse of life ceases upon the happening of an
discretion. event.
When a stature is designed to meet an emergency, it ends
RULING: Even the possession of airsoft guns is regulated by PNP upon the cessation of such emergency-temporary in character
and in effect, subject to a regulation and COMELC has the right to
include it in their resolution but SC suggested the deletion of Kinds of Statutes: As to Nature
“replicas” and “imitations of guns”. It holds that COMELEC didn’t PENAL STATUTES Creates a criminal offense or provides
grave abused its discretion in including the airsoft guns prohibited. for any penalty (e.g. forfeiture)
SC declared a potion of an issuance not valid while retaining enforceable in civil proceedings;
another portion of the statute as valid. Interpretation of penal sections is that
‘if there is a reasonable interpretation
which will avoid the penalty in any
STATUTES particular case we must adopt the
construction. If there are two
reasonable constructions, we must give
LAW – can be written or unwritten; any rule of action or norm of the more lenient one.’
conduct applicable to all kinds of action and to objects of creation. REMEDIAL Prescribes the method of enforcing
STATUTES rights or obtain redress for their
• Defined as a rule of conduct, just and obligatory and laid invasions; Come to be enacted on
down by a legitimate authority (must be created by an demand of the permanent public policy
authority assigned where the powers are granted by the generally receive a liberal
Constitution-legislative department or other agencies that interpretation
have the legislative power that is within their jurisdiction) SUBSTANTIVE Part of the law which creates, defines
ordained for the common benefit STATUTES and regulates rights, or which the right
and duties which give rise to a cause of
STATUTES – an act of the legislature as an organized body, action; part of law which courts are
expressed in the form, and passed according to the procedure, established to administer
required to constitute it as part of the law of the land. LABOR STATUTES Determines all employment practices
and labor relations
STATUTES TAX STATUTES
An act of the legislature as an organized body, expressed in the
form and passed according to the procedure, required to constitute Other Classifications of Statutes
it as part of the law of the land Prospective Retroactive
• Enacted and passed by Philippine Commission, the Philippine It is prospective it is expected If it takes effect from a date in
Legislature, Batasang Pambansa and Congress of the to happen in the future; a law the past
Philippines is prospective at all times
PUBLIC STATUTES PRIVATE STATUTES Repealing Act Amendatory Act
Affects the public at large or Applies only to a specific
the whole community person or subject Reference Statute Declaratory Statute
Whether a statute is public or private depends on substance Statute that refers to other Statute enacted to clarify prior
rather than on form statutes and make them law by reconciling conflicting
applicable to the subject of judicial decisions or by
the legislation; object is to explaining the meaning of a
incorporate into the act of prior statute; purpose is to
which they are a part of the declare or settle the law
provisions of other statutes by where its correct
reference and adoption interpretation has been
doubtful or uncertain.
 Senate and a House of Representatives, except to the extent
reserved to the people by the provision on initiative and
PROSPECTIVE STATUTES RETROACTIVE STATUTES referendum.
Operates upon facts or Takes away or impairs vested
transactions that occur after rights acquired under existing • It is the power to make, alter and repeal laws
the stature takes effect laws, or creates a new • The grant of legislative power in Congress is broad,
obligation and imposes new general and comprehensive
duty or attaches a new • Legislative body possesses plenary power for all purposes
disability in respect of of civil government
transactions or considerations • Legislative power embraces all subjects and extends to
already past matters of general concern or common interest.
Looks and applies to the “Ex post facto laws” • It is vested in the Congress consisting of a Senate and a
future House of Representatives, not in a particular chamber,
E.g. RA No. 7167 granting Some statutes are by nature, but in both chambers.
increased personal intended to be retroactive, • Means a grant of all legislative power.
exemptions from income tax such as remedial or curative
to be available statutes as well as statutes
• President – 1973 & Freedom (PD and EO respectively)
which create new rights • Sangguniang barangay, panglungsod, panlalawigan –
Words/phrases indicating only within respective jurisdiction
prospectivity: • Administrative or executive officer
• “hereafter”
• Delegated power
• “thereafter”
• “from and after the passing • Issue rules and regulations to implement a specific law
of this Act”
• “Shall have been made” Distinction of the powers of the 3 branches
• “from and after”
• “Shall” - implies that the Legislative Power Executive Power Judicial Power
lawmakers intend the Power to enact To execute power, To interpret and
enactment to be effective laws to execute the laws apply the laws
only in the future By physical arrangement
• “shall take effect upon its ▪ First and appears to be more extensive and broad than the
approval” OR “on the date 2 branches
the President shall have ▪ Without a law, the executive has nothing to execute and the
issued a proclamation or judiciary has nothing to interpret and apply
EO” – shows that the
stature have no retroactive Sources of law:
but prospective effect • Legislation
Where a statute is susceptible of a construction other than that • Precedent – events that happen can be applied in the
of retroactively, OR where a retroactive application will render future in deciding conflict – Stare decisis that SC decisions
the law unconstitutional, the statute will be given a prospective form part of the land and can be applied in future cases
effect and operation with same issue
Whether a statute operates retroactively or only prospectively • Custom – customary habit, practice; have the force of law
depends upon legislative intent. only if approved by the public. You have to present
concrete evidence to support that it really exists and not
Manner of referring to statutes: contrary to law. The acts should have been uniformly
performed and repeated acts; Judicial intention to make
• Public Acts – statutes passed by Phil. Commission &
a rule of social conduct – that it has become a part of
Philippine Legislature from 1901-1985 social part; acknowledged and applied by the society with
• Commonwealth Acts – laws enacted during the uninterrupted usage
Commonwealth from 1936-1946
• Republic Acts – passed by the Congress of Phil. from Where do bills originate?
1946-1972 • Originates from a member of the Senate or the House of
• Batas Pambansa – laws promulgated by the representatives and is approved by them
Batasang Pambansa • But Constitution provides that all bills on some should
originate from the House of Representatives:
• Presidential Decrees & Executive Orders – issued by
1. Appropriation
the President in the exercise of his legislative power 2. Revenue/tariff bills
3. Bills authorizing increase of public debt
ENACTMENT OF STATUTES 4. Bills of public application
In general, the steps and actions taken and words and language 5. Private Bills
employed to enact a statute are important parts of legislative • Can also come from the Senate and House of
history, which are important aids in ascertaining legislative intent, Representatives
in the interpretation of ambiguous provisions of the law.
• Once approved, bill can become a statute
The study of statutory construction should begin with how a bill is
enacted into law.

Legislative power of the Congress

Sec. 1 Art. VI Constitution provides that “legislative power shall be
vested in the Congress of the Philippines which shall consist of a

PARTS OF STATUTES
1.
Preamble
2.
Title of Statute
a) Purposes of title requirement
b) Subject of repeal of statute
c) How requirement of title construed
d) When requirement not applicable
e) Effect of insufficiency of title
3. Enacting clause
4. Purview or body of statute
5. Separability clause
6. Repealing Clause
7. Effectivity clause
_____________________________________________________
1. Preamble
A prefatory statement or explanation or a finding of facts, reciting the
purpose, reason, or occasion for making the law to which it is
prefixed.
• Usually found after the enacting clause and before the
body of the law
• A statement embodying the purpose, reason or occasion
for the enactment of the law contained in its explanatory
note.
• PDs and EOs generally have preambles apparently to
expound on the purpose of the bill in its explanatory note
or in the course of deliberations
• Plays an important role in the construction of PDs
2. Title of Statute
Constitution: Every bill passed by Congress shall embrace only one
subject which shall be expressed in the title
• This is a mandatory provision, and a law enacted in violation
above is unconstitutional.
The limitations on constitutional provision:
1. Legislature is to refrain from conglomeration, under one
state, of heterogenous subjects
2. Title of the bill is to be couched in a language sufficient to
notify the legislators and the public and those concerned
of the import of the single subject.
a) Purposes of title requirement
Principal purpose:
✓ To apprise the legislators of nature, object and scope of
the provisions of the bill
✓ Prevent the enactment of into law of matters which have
not received the notice, action and study of the
legislators
✓ Prohibit duplicity in legislation of the title which
completely fails to apprise the legislators or the public of
the nature, scope and consequences of the law or its
provisions
Aims of constitutional requirement:
1. To prevent hodgepodge or log-rolling legislation
2. To prevent surprise or fraud upon the legislature, by
means of provisions in bills of which title gave no
information and which might therefore be overlooked
and carelessly and unintentionally adopted
3. Fairly apprise the people, through such publication of
legislative proceedings
4. Title of the statute is used as a guide in ascertaining
legislative intent when the language of the act does not
clearly express it purpose.
Aim of constitutional provision:
• Aimed at against the evils of so-called omnibus bills and log-
rolling legislation as well as surreptitious or unconsidered
enactments.
b) Subject of repeal of statute
Repeal of a statute on a given subject is properly connected with
the subject matter of a new statute on the same subject – a
repealing section in the new statute is valid
Reason: Where a statute repeals a former law, such repeal is the
effect and not the subject of the statute; and it is the subject, not
the effect of a law, which is required to be briefly expressed in its
title.
c) How requirement of title is construed
▪ It should be liberally construed
▪ It should be given technical interpretation nor it should
be narrowly construed as to cripple or impede the power
of legislation
▪ Construe the constitutional requirement in such manner
that courts do not unduly interfere with the enactment
of necessary legislation and to consider it sufficient if the
title expresses the general subject of the statute and all
its provisions are germane to the general subject thus
expressed
d) When requirement is not applicable
The requirement that a bill shall embrace only one subject which
shall be expressed in its title as embodied in the 1935 and
reenacted in 1973 and 1987 Constitutions – such requirement
applies only to bills which may thereafter be enacted into law. It
does not apple to laws in force and existing at the time for the 1935
Constitution.
e) Effect of insufficiency of title
A statute whose title does not conform to the constitutional
requirement or is not related in any manner to its subject is null and
void.
3. Enacting clause
Written immediately after the title thereof which states the authority
by which the act is enacted.
4. Purview or body of statute
The part of a statute which tells what the law is all about.
▪ Body of a statute should embrace only one subject matter.
▪ Legislative practice in writing a statute is to divide an act
into sections, each of which is numbered and contains a
single proposition
▪ Complex and comprehensive piece of legislation: contains
the following:
✓ Short title
✓ Policy section
✓ Definition section
✓ Administrative section
✓ Sections prescribing standards of conduct
✓ Section imposing sanctions for violation of its
provisions
✓ Transitory provision
✓ Separability clause
✓ Repealing clause
✓ Effectivity clause
5. Separability clause
Part of a statute which states that any provision of the act is declared
invalid, the reminder shall not be affected
• It is a legislative expression of intent that the nullity of one
provision shall not invalidate the other provisions of the
act.
6. Repealing Clause
When the legislature repeals a law, it the repeal is not a legislative
declaration finding the earlier law unconstitutional.
NOTE: The power to declare a law unconstitutional does not lie
with the legislature, but with the courts.
7. Effectivity Clause
The provision when the law takes effect
✓ The provision as to the effectivity of the law states that it
shall take effect 15 days from publication in the Official
Gazette or in a newspaper of general circulation.
Three ways a law is passed:
1. Approval and signing of the president
2. When there’s no communication on the veto of
President for 30 days
3. Vetoed bill is repassed by the Congress by 2/3 of its
member, from houses voting separately
1st reading
Reading of the number and the title of the bill, then referral to the
appropriate committee for study and recommendation. Conduct of
public hearing by the Committee and submits report and
recommendation
2nd Hearing
• The bill shall be read in full with the amendments
proposed by the committee
• Copies are distributed and such reading is dispensed with
• The bill is subject to debates, pertinent motions, and
amendment
• The amendments shall have acted upon, the bill be voted.
• After the approval of the bill, the 2nd reading shall be
included in the calendar of bills for 3rd reading
3rd Reading
• A bill is approved by either House after it has gone 3
readings (art. 6 sec. 26)
• The bill is passed by the voting of the separate Houses
• Conference committee reports of which the bill is
approved on 3rd reading by one House is transmitted to
the other House for concurrence, which will follow
substantially the same route as bill originally filed with it.
• It should be approved in the Congress and then
transmitted to the Senate for approval
• Conference committee is the mechanism for composing
differences between the Senate and the House in the
passage of a bill into law.
• 3 versions of a bill or revenue bill originating from the
lower House: (1) From the lower house; (2) Senate; (3)
conference committee
• Bill approved by the Houses shall be transmitted to the
President for appropriate action
• Bill is then authenticated by the Speaker and the Senate
President of the printed copy of the approved bill.
Authentication of bills
Lawmaking process in Congress ends when the bill is approved by
the body. It is this approval that it is indispensable to the validity of
the bill.
▪ Before an approved bill is sent to the President for his
consideration as required by the Constitution, the bill is
authenticated
▪ System of authentication devised is the signing by the
Speaker and the Senate President of the printed copy of
the approved bill, certified by the respective secretaries
of both Houses, to signify to the President that the bill
being presented to him has been duly approved by the
legislature ad is ready for his approval or rejection.
President’s approval or veto
The President shall have the power to veto any particular items in
an appropriation, revenue, or tariff bill, but the veto shall not affect
the item or items to which he does not object.
▪ The president may not only veto any particular item, but
also any inappropriate” provisions in the bill.
▪ Vetoes within 30 days after receipt
▪ If President vetoes – send back to the House where it
originated with recommendation
➢ 2/3 of all members approves, it will be sent to
the house for approval
➢ 2/3 of the other house approves – it shall
become a law
➢ If president did not act on the bill within 30
days after receipt, bill becomes a law
VALIDITY
Presumption of constitutionality
• Every statute is presumed valid
- Lies on how a law is enacted
- Due respect to the legislative who passed and executive
who approved
- Responsibility of upholding the constitution rests not on the
courts alone but on the legislative and executive branches
as well
• Courts cannot inquire into the wisdom or propriety of laws
• To declare a law unconstitutional, the repugnancy of the law to
the constitution must be clear and unequivocal
• All reasonable doubts should be resolved in favor of the
constitutionality of law; to doubt is to sustain
• Final arbiter of unconstitutionality of law is the SC En Banc
(majority who took part and voted thereon)
• Trial courts have jurisdiction to initially decide the issue of
constitutionality of a law in appropriate cases.
Enrolled Bill
Bills as passed by Congress, authenticated by the House Speaker
and Senate President and approved by the President
RULE: The text of the act as passed and approved is deemed
importing absolute verity and is binding on the courts. If there has
been any mistake in the printing of the bill before it was certified,
the remedy is by amendment by enacting a curative legislation and
not a judicial decree.
PRESUMPTION: It carries on its face a solemn assurance by the
legislative and executive departments of the government that it
was passed by the assembly. Hence, the respect due to co-equal
and independent departments requires the judiciary to act upon
that assurance and to accept all bills duly authenticated.
EFFECTIVITY AND OPERATION
When laws take effect
• Art. 2: laws to be effective must be published either in the
Official Gazette or in a newspaper of general circulation in the
country.
➢ Effectivity provision refers to all statutes, including those
local and private, unless there are special laws providing
a different effectivity mechanism for particular statutes
• Effectivity of laws:
✓ Default rule – 15 day period
✓ Must be published either in the OG or newspaper of
general circulation in the country; publication must be
full
• The clause “unless it is otherwise provided” – solely refers to
the 15-day period and not to the requirement of publication

Presidential Issuances, Rules and Ordinances
Presidential Issuances
Are those which the President issues in the exercise of his
ordinance power that such issuances have the force and effect of
the law. Includes:
• Executive orders
- Acts of the President providing for rules of a general or
permanent character in the implementation or
execution of constitutional or statutory powers.
• Administrative orders
- Acts of the President which relate to particular aspects
of governmental operations in pursuance of his duties
as administrative head.
• Proclamations
- Acts of the President fixing a date or declaring a statute
or condition of public specific laws or regulation is
made to depend
• Memorandum orders
- Acts of the President on matters of administrative
detail or of subordinate or temporary interest which
may concern a particular officer of office of the
Government.
• Memorandum circulars
- Acts of the President n matters relating to
internal administration which the President
desires to bring to the attention of all or some of
the departments, agencies, bureaus or offices of
the Government for information or compliance.
• General or special orders
- Acts and commands of the President in his capacity as
Commander-in-Chief of the AFP
SC Circulars: Rules and Regulations
The 1987 Constitution grants the SC the power to promulgate rules
concerning the protection and enforcement of constitutional
rights, pleading, practice, and procedure in all courts, the admission
to the practice of law, IBP and legal assistance to the
underprivileged.
The rule making power of SC as provided in Sec. 5(5) Art. VIII
Constitution and complemented by Sec. 30 Art. VI of Constitution
which provides that:
“No law shall be passed increasing the appellate
jurisdiction of SC as provided in this Constitution without its advice
and concurrence.”
• It has been held that a law which provides that a decision
of quasi-judicial body be appealable directly to the SC, if
enacted without the advice and concurrence of SC,
ineffective
Remedy or applicable procedure – go to CA
• Rule-making power of public administrative agency is a
delegated legislative power – if it enlarges or restricts
such statute is invalid.
• Requisites for delegating a statute by legislative branch
to another branch of government to fill in details,
execution, enforcement, or administration of a law… the
law must be:
✓ Complete in itself
✓ Fix a standard which may be express
Example:
✓ Change of “and/or” to “or” – invalid
✓ Change of “may” (permissive) to “shall”
(mandatory) – invalid (Grego v. COMELEC)
Administrative Rule
- Rule – makes new law with the force and effect of a valid law;
binding on the courts even if they are not in agreement with
the policy stated therein or with its innate wisdom
- Administrative construction is not necessarily binding upon
the courts; it may be set aside by judicial department (if there
is an error of law, or abuse of power or lack of jurisdiction or
GAD – grave abuse of discretion)
Interpretation of Administrative Rule
Merely advisory for it is the courts that finally determine what the
law means
CASE: VIctorias Millling Co. v. SSC (march 17 1962)
Construction of AOs ad IRRs vis-à-vis Statutes
Ordinances: Barangay, Municipal, City and Provincial
Barangay Ordinance
• Sangguniang barangay as the smallest legislative body
• It may pass an ordinance affecting a barangay by majority
vote of all its members
• Barangay ordinance is subject to review by the sangguniang
bayan (SB) or sangguniang panglungsod (SP), as the case may
be, to determine whether is consistent with law or with
municipal or city ordinance.
• SB or SP shall take action on the ordinance within 30 days
from submission.
• If it does not take action within the said period, the ordinance
will be presumed consistent with law or municipal or city
ordinance and shall be presumed approved
• If it is inconsistent with law or city or municipal ordinance, it
shall return the same to the Sangguniang Barangay
concerned for adjustment, amendment, or modification, in
which case the effectivity of the ordinance is suspended.
Municipal Ordinance
• The power to enact municipal ordinance is lodged with
the Sangguinang Bayan (SB).
• There should be a quorum and necessary for the passage
of any ordinance.
• The ordinance is then submitted to the municipal mayor
who, within 20 days from receipt thereof, shall return it
either with his approval or veto.
• If he does not return it within 20 days, it shall be deemed
approved.
• The SB may by 2/3 vote of all members, override the veto
of the mayor, in which it shall become effective for all
legal intents and purposes.
• Approved ordinance is then submitted to the SP for
review > SP may within 30 days from receipt of the
ordinance, invalidate it in whole or in part, and its action
shall be final.
• If SP does not take action on the ordinance within 30 days
after its submission, it shall be presumed consistent with
law and therefore valid.
City Ordinance
• Power to pass city ordinance is vested in the SP
• Be voted upon quorum for the passage of any ordinance
• Approved ordinance shall be submitted to the city mayor
who, within 10 days from receipt thereof, shall return it
with his approval or veto.
 • If he does not return it within that time, it shall be
deemed approved.
• The SP may repass a vetoed ordinance by 2/3 vote of all
members
• If the city is a component city, the approved ordinance is
submitted to the Sangguniang Panlalawigan for review
which shall take action therein within 30 days, otherwise,
it will be deemed valid.
Provincial Ordinance
• The Sangguniang Panlalawigan, as a legislative body of a
province, may by vote of majority of the members
present, there being a quorum, enact ordinances
affecting the province.
• The ordinance is then forwarded to the governor who,
within 15 days from receipt thereof, shall return it with
his approval or veto.
• If he does not return it within that time, it shall be
deemed approved.
• A vetoed ordinance may be repassed by the Sangguniang
Panlalawigan by a 2/3 vote of all its members.
_____________________________________________________
Transcript from session last Oct. 9, 2021
Can a brilliant person propose his or her bill to initiate it to the
Senate?
Constitution provides that bills exclusively originate from House of
Representatives – he or she can have it sponsored by a member of
the House of Representatives. It should go first to the House of
Representatives
Who enacts the statutes?
Depends on the name of the statute and the number
• Public Acts - during 1901-1935
• Commonwealth Acts – 1936-1946
• Reublic Acts – 1942-1973
• PDs – Martial Law regime
• Batas Pambansa – approved by Batasang Pambansa
How requirement construed
• Liberally construed
• If there is doubt, it should be resolved against the doubt
and in favor of the constitutionality of the statute
When there is compliance with requirement
• Comprehensive enough - Include general object
• If all parts of the law are related, and are germane to
Lambino v. COMELEC
No. This is not allowed. To exercise an initiative one should present
the draft of the whole Constitution of the revisions or amendments
that they are going to make before the people could sign (to
prevent hodgepodge/logrolling legislation). Amendment can be
through initiative and not for revision. Lambino cannot make an
initiative-only amendment.
Would the one subject and title apply to a municipal ordinance?
No.it cannot be declared unconstitutional since it only refers to a
bill passed/enacted in Congress.
Aids to Construction (p.157)
Application in general:
• Where the meaning of a statute is ambiguous, the court is
warranted in availing itself of all illegitimate aids to construction
in order that it can ascertain the true intent of the statute.
INTRIINSIC AIDS
The aids of construction are those found in the printed page of that
statute itself
• ’Whereas’ clause as an aid
- The whereas clause is the intent to cover only those
aspects of government that pertain to administration,
organization and procedure, and understandably
because of the many changes that transpired in the
government structure since the enactment of the old
code
• Headings
- When the text of a statute is clear and unambiguous,
there is neither necessity nor propriety to resort to the
headings or epigraphs of a section for interpretation of
the text, especially when they are mere reference aids
indicating the general nature of the text that follows.
• Arrangement and ordering
- The rearrangement of sections or parts of a statute, or
the placing of portions of what formerly was a single
section in separate sections, does not operate to
change the operation, effect of meaning of the statute,
unless the changes are of such nature as to manifest
clearly and unmistakably a legislative intent to change
the former laws.
EXTRINSIC AIDS
Those extraneous facts and circumstances outside the printed
page.
RULE: If the language of the constitutional provision is plain
it is not necessary to resort to extrinsic aids
Sources of extrinsic aids:
a. Legislative History/Origin of Statute
- A statute is susceptible of several interpretations or where
there is ambiguity in the language, there is no better means
of ascertaining the will and intention of the legislature than
that which is afforded by the history of the statute.
What constitutes legislative history (p.173)
• History of a statute refers to all its antecedents from its
inception until its enactment into law.
• Its history proper covers the period and the steps done
from the time the bill is introduced until it is finally
passed by the legislature.
What it includes:
✓ President’s message if the bill is enacted in response
thereto
✓ The explanatory note accompanying the bill
✓ Committee reports of legislative investigations
✓ Public hearings on the subject of the bill
✓ Sponsorship speech
✓ Debates and deliberations concerning the bill
✓ Amendments and changes in phraseology in which it
undergoes before final approval thereof.
✓ If the statute is based from a revision, a prior statute,
the latter’s practical application and judicial construction
 ✓ Various amendments it underwent
b. Realities existing at the time of adoption (p. 178)
• In ascertaining the intention of the lawmaker, courts are
permitted to look to prior laws on the same subject and
to investigate the antecedents of the statute involved.
• This is applicable in the interpretation of codes, revised,
or compiled, for the prior laws which have been codified,
compiled or revised will show the legislative history that
will clarify the intent of the law or shed light on the
meaning and scope of the codified or revised statute.
g. Executive Construction (p.190)
• Is the construction placed upon the statute by an
executive or administrative officer.
• Three types of interpretation:
1. RULE: Construction by an executive or administrative
officer directly called to implement the law.
2. WHEN NOT FAVORED: Construction by the secretary
of justice in his capacity as the chief legal adviser of
the government.

c. Legislative debates 3. RULE v. OPINION: Handed down in an adversary

• Courts may avail to themselves the actual proceedings of proceeding in the form of a ruling by an executive
the legislative body to assist in determining the officer exercising quasi-judicial power.
construction of a statute of doubtful meaning.
• There is doubt to what a provision of a statute means,
that meaning which was put to the provision during the
legislative deliberation or discussion on the bill may be
adopted.
• Views expressed are as to the bill’s purpose, meaning or
effect are not controlling in the interpretation of the law.
• It is impossible to determine with authority what
construction was put upon an act by the members of the
legislative body that passed the bill.
• The opinions expressed by legislators in the course of
debates concerning the application of existing laws are
not also given decisive weight, especially where the
legislator was not a member of the assembly that
enacted the said laws.
• When a statute is clear and free from ambiguity, courts
will not inquire into the motives which influence the
legislature or individual members, in voting for its
passage; no indeed as to the intention of the draftsman,
or the legislators, so far as it has not been expressed into
the act.

d. Changes in phraseology (p.181)

• Intent to change the meaning of the provision
• A statute has undergone several amendments, ach
amendment using different phraseology, the deliberate
selection of language differing from that of the earlier act
on the subject indicates that a change in meaning of the
law was intended and courts should so construe that
statute as to reflect such change in meaning

e. Usage
• Common usage and practice under the statute, or a
course of conduct indicating a particular undertaking of
it, especially where the usage has been acquiesced in by
all the parties concerned and has extended over a long
period of time.
• Optimus interpres rerum usus – the best interpretation of
the law is usage.

f. Contemporaneous Acts of Legislature (not sure ko ani)

• Where a statute is revised or a series of legislative acts on
the same subject are revised or consolidated into one,
covering the entire field of subject matter, all parts and
provisions of the former act or acts that are omitted from
the revised act are deemed repealed.