UNIVERSITY OF SANTO TOMAS

FACULTY OF ARTS AND LETTERS

Course Title: Principle of Legal Hermaneutics (Statutory Construction)

Course Credit: Three units
Section:
Facilitator: Atty. Danielito D. Jimenez BSE, LL.B, (LL. M ongoing)

RECOMMENDED ANNOTATIONS/REFERENCES:

1. 1987 Constitution
2. Statutory Construction by Judge Noli C. Diaz 2003 Edition
3. Legal and Judicial Ethics by Ernesto Pineda
4. Ruben E. Agpalo, Statutory Construction
5. Fr. Joaquin G. Bernas, S.J., The 1987 Constitution of the Republic of the
Philippines: A Commentary. Read only the annotations on Article VI.
6. Isagani A. Cruz, Philippine Political Law. Read Chapter 9 only (Powers of the
Congress)
7. New Civil Code
8. Revised Penal Code by Gregorio Vol 1
9. The Rules of Court
10. E.O. 200
11. Relevant Jurisprudence
12. Current Statutes and Implementing Rules

GRADING SYSTEM

The final rating of every student shall be determined by his grades in the following :

30% Class standing which includes recitation, quizzes, seatwork and assignments
35% Prelims Exams
35% Final Exams

Maximum number of absences. Given that this is a three-unit subject, UST

allows a total of 11 hours worth of absences for the entire semester. Students who
exceed the limit without any justifiable ground prior to such absence or at least a day
after such absenc will receive a failing mark of “FA” or “FAILED due to absences.”

Students are reminded to check their respective copies of UST’s student

handbook for other rules involving grades, absences, examinations, uniform, and the
like.

COURSE OUTLINE

Page 1 of 9
1st and 2nd Weeks
a. Definition of Law
A. In its GENERIC sense
B. In its STRICT sense
b. Elements of Law (Characteristics)
A. Rule of Conduct
Art. 5 (1), RPC in relation to NULLUM CRIMEN NULLA POENA SINE LEGE
B. Just
1. Art. 10, NCC
2. Art. 5 (2), RPC and RA 9344 in relation to DURA LEX SED LEX
3. Art. 7 (2) (3), NCC
C. Obligatory
1. DURA LEX SED LEX
2. Art. 3, NCC in relation to Art. 12 (1) (2) (3), RPC
3. Art. 15 with Arts. 1156, 1157(1), 1158, NCC
4. Art. 14, NCC with Art. 2, RPC
D. Laid down by legitimate authority
1. Art. VI (Sec. 1 with Sec. 32 1987 Constitution Amendment No. 6)
2. Preamble, with Art. II Sec. 1; Art.XVII Sec. 4; Art. XVIII Sec. 27, 1987
Constitution)
3. Art. XII Sec. 5, 1987 Constitution with Arts. 7,11,12, NCC
E. For the common observance and benefit (sixth week)
1. Preamble, with Art. II Secs. 5, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21,
22, 23,& 26,1987 Constitution
2. Art. III, Secs. 5, 11& 16
3. Art. IV, Sec. 1

3rd and 4th Weeks

a. Discuss Department of Education Culture and Sports v. San Diego, G.R. No. 89572,
21 December 1989.
b. What is law as defined by St. Thomas Aquinas?
c. Discuss the hierarchy of laws. (Article 7, Republic Act No. 386 or the Civil Code of
the Philippines)1
d. Discuss the hierarchy of courts.
e. What are the three inherent powers of the state?
f. Distinguish the three inherent powers of the state.
g. What are the three branches of government?
h. Distinguish the three branches of the government?
i. Distinguish laws from statute.
j. What are the parts of a statute?

1
Recommended text: Ernesto L. Pineda, Persons, 3rd ed. (Central Professional Books, Quezon City: 2000), pp. 26-
32. Note, however, that there are newer editions of the Dean Pineda's book, which the student may read instead
of the year 2000 edition.

Page 2 of 9
k. Discuss each part of a statute
l. What is the “title requirement” under the 1987 Constitution?
m. What are the purposes of the title requirement?
1. Discuss Inchong v. Hernandez, 101 Phil. 1155 (1957)
2. Discuss Philippine Judges Association v. Prado, 27 SCRA 703 (1993)
o. How are doubts involving title requirement construed?
p. Discuss the legislative process involving enactment of laws according to the 1987
Constitution.
q. What are the bills that must originate from the House of Representatives?
1. Discuss Tolentino v. Secretary of Finance, G.R. No. 115455, 25 August 1994.
r. What is the enrolled bill doctrine?
1. Discuss Morales v. Subido, 27 SCRA 131 (1969)
s. What are presidential issuances?
t. What are the six presidential issuances covered by the President’s Ordinance Power
under the Administrative Code of 1987? Discuss each.
1. Discuss David v. Arroyo, G.R. No. 171396, 03 May 2006.
2. Discuss Ople v. Torres, G.R. No. 127686, 23 July 1998
u. What are administrative rules and regulations?
1. Department of Agrarian Reform v. Sutton, G.R. No. 162070, 19 October 2005.
v. Distinguish between administrative rule-making and administrative interpretation of
law.
w. What are the law-making bodies of local government units?
x.What are the requirements for a valid ordinance?
1. Discuss Lagcao v. Labra, G.R. No. 155746, 13 October 2004.

5th and 6th Week

a.Why is every statute presumed to be valid?
1. Discuss Heirs of Ardona v. Reyes, G.R. No. L-60549, 26 October 1983
b. Can trial courts declare a statute invalid for being unconstitutional?
1. Discuss Drilon v. Lim, G.R. No. 112497, 4 August 1994
c. What are the requisites before a court can pass upon the constitutionality of a
statute?
d. Discuss the existence of a justiciable controversy.
1. Discuss PACU v. Sec. of Education, G.R. No. L-5279, 31 October 1955.
e. Discuss legal standing or locus standi.
1. Discuss IBP v. Zamora, G.R. No. 141284, 15 August 2000.
f. What is a taxpayer’s suit? When is it proper?
1. Discuss Gonzales v. Narvasa, G.R. No. 140835, 14 August 2000.
g. When is the constitutionality of a law raised?
1.Discuss People v. Vera, G.R. No. L-45685, 16 November 1937
h. Discuss the necessity of deciding the issue of constitutionality
1. Discuss Laurel v. Garcia, G.R. No. 92013, 25 July 1990.
i.When do laws take effect? Discuss Article 2 of the Civil Code.
1. Discuss Tañada v. Tuvera, 146 SCRA 446 (1986)

Page 3 of 9
j. When do presidential issuances take effect?
k. When do local ordinances take effect?
l. Distinguish between a permanent statute and a temporary statute?
m. Discuss the territorial and personal effect of statutes.
1. Discuss Reagan v. Commissioner of Internal Revenue, G.R. No. L-26379, 27
December 1969.
2. Discuss People of the Philippines v. Gozo, G.R. No. L-36409, 26 October
1973.
n. Discuss Article 13 of the Civil Code.
1. Discuss Garvida v. Sales, G.R. No. 124893, 18 April 1997.
2. Discuss Yapdianco v. Buencamino, G.R. No. L-28841, 24 June 1983.

7th and 8th Weeks

a. What is Statutory Construction?
1. Discuss Caltex v. Palomar, G.R. No. L-19650, 29 September 1966.
b. Distinguish between construction and interpretation.
c. What is the purpose of the rules of statutory construction?
d. What is the purpose of construction?
1. Discuss City of Baguio v. Marcos, G.R. No. L-26100, 28 February 1969
e. What is legislative intent?
1. Discuss Tañada v. Cuenco, G.R. No. L-10520, 28 February 1957
d. What is legislative purpose?
f. What is legislative meaning?
g. What is the source of legislative intent?
1. Discuss Aboitiz Shipping Corp. v. City of Cebu, G.R. No. L-14526, 31 March
1965
h. Why is construction a judicial function?
1. Discuss Endencia v. David, G.R. No. L-6355-56, 31 August 1953.
i. May judicial interpretation be set aside?
j. When may courts consture a statute?
1. Discuss Libanan v. HRET, G.R. No. 129783, 22 December 1997
k. What is the verba legis or plain meaning rule?
1. Discuss Republic v. Lacap, G.R. No. 158253, 02 March 2007.
l. Discuss Art. 8 of the Civil Code.
m. Do Judicial Rulings have retroactive effect
1. Discuss People v. Jabinal, G.R No. L-30061, 27 February 1974
n. Discuss Article VIII, Section 4 (3) of the 1987 Constitution.
o. What are the limitations on the power to construe?

9th and 10th Week

a. Explain the rules involving following as aids to construction:
1. Title; Discuss Ebarle v. Sucaldito, G.R. No. L-33628 December 29, 1987;
2. Preamble;
3. Context of whole text;

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 4. Punctuation marks;
5. Capitalization of letters; Discuss In re Estate of Johnson, G.R. No. L-12767, 16
November 1918
6. Headnotes or epigraphs; Discuss People v. Yabut, G.R. No. 39085, 27
September 1933
7. Lingual Text; Discuss Baking v. Director of Prisons, G.R. No. L-30364, 28 July
1969
8. Intent or spirit of law; Discuss Peralta v. CSC, G.R. No. 95832, 10 August
1992
9. Policy of Law;
10. Purpose of law or mischief to be suppressed;
11. Dictionaries;
12. Presumptions.
b. What constitutes legislative history?
c. How does legislative history aid in statutory construction?
d. Discuss Celestial Nickel Mining Exploration v. Microasia Corp., G.R. No. 169080, 19
December 2007
e. Explain the rules involving following as aids to construction:
1. Explanatory note;
2. Legislative debates, views, and deliberations;
3. Reports of commissions;
4. Prior laws from which statute is based;
5. Change in phraseology by amendment; Discuss Akbayan v. Comelec, G.R.
No. 147066, 26 March 2001
6. Amendment by deletion;
7. Adopted statutes; Discuss Republic of the Phils. v. Meralco, G.R. No. 141314,
9 April 2003.
8. Principles of common law;
9. Conditions at time of enactment;
10. History of the times.

11th and 12th Weeks

a. What is contemporaneous construction?
b. Why is the interpretation of an administrative agency of a law accorded great
respect?
c. When is contemporaneous construction disregarded?
d. What is legislative interpretation?
e. What is legislative reenacment?
1. Discuss Commissioner of Internal Revenue v. American Express, G.R. No.
152609, 29 June 2005
f. Discuss the legal maxim stare decisis et non quieta movere.
g. What is an obiter dictum?
h. What is the plain-meaning rule?

Page 5 of 9
 1. Discuss National Federation of Labor v. NLRC, 327 SCRA 158, G.R. No.
127718, 02 March 2000.
i. What is dura lex sed lex?
1. Discuss People of the Philippines v. Sarmiento, G.R. No. 72141, 12 January
1987.
j. When must literal import yield to intent?
1. Discuss National Police Commission v. De Guzman, G.R. No. 106724, 09
February 1994.
k. Discuss the rule that interpretation must not defeat purpose of the law?
1. Discuss U.S. v. Toribio, 15 Phil. 85, G.R. No. L-5060, 26 January 1910.
l. What is cessante ratione legis, cesssat et ipsa lex?
1. Discuss Comendador v. De Villa, G.R. No. 93177, 02 August 1991

13th and 14th Weeks

a. When is correction of clerical errors allowed?
b. Discuss the rule that courts should not give an interpretation that would lead to
absurdities.
1. Discuss People v. Reyes, 236 SCRA 264, G.R. No. 103394, 02 September
1994.
c. Why should construction avoid danger to public interest?
d. Why should construction be in favor of right and justice?
e. What is the Doctrine of necessary implication?
1. Discuss Chua v. Civil Service Commission, G.R. No. 88979, 7 February 1992,
206 SCRA 65
f. What is the principle that grant of power includes all incidental powers?
1. Discuss Gordon v. Veridiano, G.R. No. L-55230, 08 November 1988.
2. Discuss PLDT v. City of Davao, G.R. No. L-23080, 30 October 1965
g. Discuss the axiom that states “what cannot be done directly, cannot be done
indirectly?”
1. Discuss Tawang Multi Purpose Cooperative v. La Trinidad Water District, G.R
No. 166471, 22 March 2011.
h. What is the rule regarding staturory definition?
i. What is the rule regarding the construction of words and phrases in a statute?
1. Discuss Mustang Lumber, Inc. v. Court of Appeals, G.R. No. 104988, 18 June
1996.
j. What is generalia verba sunt generaliter intelligenda?
1. Discuss Gutierrez v. House of Representatives Committee on Justice, G.R.
No. 193459, 15 February 2011.

15th and 16th Weeks

a. What is the rule regarding construction of words with commercial or trade meaning?
b. What is the rule regarding construction of words with technical or legal meaning?
c. What is ubi lex non distinguit, nec nos distinguere debumus?

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 1. Discuss Alonto v. People of the Philippines, G.R. No. 140078, 09 December
2004.
d. What are the rules regarding the use of disjunctive and conjuctive words?
1. Discuss Dayao v. Commission on Elections, G.R. No. 193643, 29 January
2013.
e. What is noscitur a sociis?
1. Discuss Magtajas v. Pryce Properties Corp., G.R. No. 111097, 20 July 1994.
f. What is ejusdem generis?
1. Discuss Pelizloy Realty Corp. v. Province of Benguet, G.R. No. 183137, 10
April 2013.
g. What are the limitations on the rule of ejusdem generis?
h. What is expressio unius est exclusio alterius?
1. Discuss Parayno v. Jovellanos, G.R. No. 148408, 14 July 2006.
i. When is the maxim expressio unius est exclusio alterius not applicable?
j. What is cassus omissus pro omisso habendus est?
1. Discuss Municipality of Nueva Era, I.N. v. Municipality of Marcos, I.N., G.R.
No. 169435, 27 February 2008
k. What is the doctrine of last antecedent?
l. What is reddendo singula singulis?
1. Discuss Fortich v. Corona, G.R. No. 131457, 19 August 1999.
m. What is a proviso?
n. What is an exception?
o. Distinguish between a proviso and an exception.
p. What is a saving clause?

17th and 18th Weeks

a. Why must a statute be construed as a whole?
1. Discuss Catiis v. Court of Appeals, G.R. No. 153979, 06 Febuary 2006.
b. What is optima statuti interpretatrix est ipsum statuum?
1. Discuss Serana v. Sandiganbayan, G.R. No. 162059, 22 January 2008.
c. Why should apparently conflicting provisions of a statute harmonized instead of
outrightly declaring one provision invalid against the other?
d. What is the rule regarding conflicting special and general provisions found in the
same statute?
e. Why should statutes be given a construction that is in harmony with the Constitution?
f. What are statutes in pari materia?
g. How are statutes in pari materia construed?
1. Discuss Natividad v. Felix, G.R. No. 111616, 04 February 1994.
h. What happens when conflicting laws on the same subject cannot be reconciled or
harmonized?
i. What is a general statute?
j. What is a special statute?
k. How are general and statutes to be construed when they affect the same subject
matter?

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l. What is a reference statue?
m. What is a supplemental statute?
n. What is a reenacted statute?
o. What is strict construction?
p. What is liberal construction?
q. How are penal statutes construed?
1. Discuss Resterio v. People of the Philippines, G.R. No. 177438, 24 September
2012.
r. How are statutes authorizing expropriations construed?
s. How are statutes granting privileges construed?
t. How are naturalization laws construed?
u. How are statutes imposing taxes and customs duties construed?
1. Discuss Marinduque Iron Mines Agents, Inc. v. Hinabangan, Samar, G.R. No. L-
18924, 30 June 1964.
v. How are statutes granting tax exemptions construed?
1. Discuss Sealand Service, Inc. v. Court of Appeals, G.R. No. 122605, 30 April
2001.
w. How are general welfare legislations construed?
1. Discuss Asian Transmission Corp. v. CA, G.R. No. 144664, 15 March 2004.
x. How are statutes prescribing prescriptions of crimes construed?
y. How are the Rules of Court construed?

19th and 20th Weeks

a. What is a mandatory statute?
b. What is a directory statute?
c. What is the test to determine nature of statute?
d. What words indicate that a statute is mandatory or directory?
1. Discuss Pilar v. Commission on Elections, G.R. No. 115245, 11 July 1995.
2. Discuss Berces, Sr. v. Guingona, Jr., G.R. No. 112099, 21 February 1995.
3. Discuss De Castro v. Judicial and Bar Council, G.R. No. 191002, 17 March 2010.
4. Discuss Tolentino v. Court of Appeals, G.R. No. 128759, 01 August 2002.
5. Discuss Tatad v. Sandiganbayan, G.R. No. 72335-39, 21 March 1988.
6. Discuss Marcelino v. Cruz, G.R. No. L-42428, 18 March 1983.
e. What is a prospective statute?
f. What is a retroactive statute?
g. What is the rule regarding operation of laws?
1. Discuss Grego v. Commission on Elections, G.R. No. 125955, 19 June 1997.
2. Discuss Co v. Court of Appeals, G.R. No. 100776, 28 October 1993.

21st and 22nd Weeks

a. What is an ex post facto law?
b. What is a bill of attainder?
c. When are penal laws given retroactive effect?
d. What are procedural laws?

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e. What are curative laws?
f. What is an amendment?
g. Who exercises the power to amend laws?
h. How is an amendment effected?
i. How is an amendment construed?
j. What is codification?
k. What is repeal?
l. Who exercises the power to repeal laws?
m. How is repeal effected?
1. Discuss David v. Comelec, G.R. No. 127116, 08 April 1997.
n. What is a repealing clause?
o. Why is repeal by implication not favored?
1. Discuss National Power Corporation v. Angas, G.R. Nos. 60225-26, 08 May 1992.
p. What is the leges posteriores priores contrarias abrogant?
q. What is generalia specialibus non derogant?
1. Discuss Tomawis v. Balindong, G.R. No. 182434, 05 March 2010.

23rd and 24th Weeks

a. What is a constitution?
b. Discuss the origin and history of the Philippine Constitution.
c. What is the primary purpose of constitutional construction?
d. How is the language of the Constitution construed?
1. Discuss Ordillo v. Commission on Elections, G.R. No. 93054, 04 December 1990.
e. When will records of the deliberations or discussions in the convention be relied
upon?
1. Discuss Nitafan v. Commissioner of Internal Revenue, G.R. No. 78780, 23 July
1987.
f. Discuss the rule that the provisions of the Constitution must be construed as a whole.
1. Discuss Civil Liberties Union v. Executive Secretary, G.R. No. 83896, 22
February 1991.
g. Discuss the rule that constitutional provisions are to be construed as mandatory.
1. Discuss Alternative Center for Organizational Reforms and Development v.
Zamora, G.R. no. 144256, 08 June 2005.
h. Discuss the rule that a constitution should operate prospectively.
1. Discuss Co v. Electoral Tribunal, G.R. Nos. 92191-92, 30 July 1991.
i. Discuss the rule that the Constitution is considered self-executing rather than non-self-
executing.
1. Discuss Manila Prince Hotel v. GSIS, G.R. No. 122156, 03 February 1997.

“We know not and nothing will make us know. Only the event in its final hour will tell us!”

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