Statutory Construction Atty.

Lorelee Fainza
Wednesday 5:30PM-7:30PM

AUG 24, 2023 LECTURE

STATUTORY CONSTRUCTION
 The branch of the law dealing with the interpretation of laws enacted by a legislature.
 Act or 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 the intention is rendered
doubtful, amongst others, by reason of the fact that the given case is not explicitly
provided for in the law.

CONSTRUCTION VS. INTERPRETATION

CONSTRUCTION INTERPRETATION
The drawing of conclusions with respect to The art or process of discovering and
subjects that are beyond the direct expression expounding the intended signification of the
of the text from elements known and given in language used.
the text
Relates to the ascertain of the meaning and Concerned with the meaning of the language
intention of the authors of the law. used.
They are both utilized in case of ambiguity in the law-In the language used or in its
application.
They have the same object-to ascertain the meaning and will of the authors of the law in order
that law may be enforced.

SIGNIFICANCE OF CONSTRUCTION AND INTERPRETATION

 It is a guide in ascertaining the real meaning and purpose of an ambiguous and obscure
term or provision of the law.

STATUTORY CONSTRUCTION VS. CONSTITUTIONAL CONSTRUCTION

STATUTORY CONSTRUCTION CONSTITUTIONAL CONSTRUCTION

The subjects and statutes, ordinance and their
implementing rules and regulation.
The interpreter seeks to ascertain and discover
the intent of the legislature
The subject is the constitution.
The interpreter seeks to ascertain the intent of
the framers of the constitution in light of the
realization of the purpose of the people in the
adoption of the constitution.

BRANCHES OF THE GOVERNMENT

 Legislative Department
 Executive Department
 Judicial Department
Statutory Construction Atty. Lorelee Fainza
Wednesday 5:30PM-7:30PM

PRINCIPLE OF SEPARATION OF POWERS

 It is the constitutional demarcation of the three fundamental powers of government.

PRINCIPLE OF CHECKS AND BALANCES

 The principle means that every branch of our government does not encroach over the
powers of another.
 One department is allowed to resist encroachment upon its prerogatives or to rectify
mistakes or excesses committed by the other departments.

LEGISLATIVE DEPARTMENT
Section 1. The legislative power shall be vested in the Congress of the Philippines which shall
consist of a Senate and a House of Representatives, except to the extent reserved to the people by
the provision on initiative and referendum.

LEGISLATIVE PROCESS:
FILING/CALENDARING FOR FIRST READING
 A bill is filed in the Office of the Secretary where it is given a corresponding number, and
calendared for First Reading.
 No matter where a legislative proposal originates, it can be introduced only by a member
of Congress.
 There is no limit to the number of bills a member may introduce. House and Senate bills
may have joint sponsorship and carry several members’ names.
 Major legislation is often introduced in both houses in the form of companion (identical)
bills, the purpose of which is to speed up the legislative process by encouraging both
chambers to consider the measure simultaneously.

LEGISLATIVE PROCESS:
FIRST READING
 Its title, bill number, and author’s name are read on the floor, after which it is referred to
the proper committee.

APPROVAL OF THE BILL

 If the President signs the bill.
 When the President does not sign nor communicate his veto of the bill within 30 days
after his receipt thereof.
 When the vetoed bill is re-passed by 2/3 votes of all the members of the Congress, voting
separately.
Statutory Construction Atty. Lorelee Fainza
Wednesday 5:30PM-7:30PM

ASSIGNMENT OF REPUBLIC ACT NUMBER

 The approved bill becomes a Republic Act and is assigned a number.

PRINCIPLE OF NON-DELEGATION OF POWERS

 What has been delegated cannot be further delegated unless permitted by the sovereign
power.

PERMISSIBLE DELEGATION OF LEGISLATIVE POWER

 Delegation of tariff powers to the President
 The reason for the delegation is the necessity of giving the chief executive the
authority to act immediately on certain matters affecting the national economy.
 Delegation of emergency powers to the President
 Applicable in times of war or other national emergency
 Delegation to the people at large
 Delegation to the local governments
 Delegation to administrative bodies

SEPT 6, 2023 LECTURE

LAW
 General or abstract sense
- Science of moral rules, founded on the rational nature of man which governs his free
activity, for the realization of the individual and social ends, of a nature both
demandable and reciprocal.
 Specific or material sense
- A rule of conduct, just, obligatory, promulgated by legitimate authority, and for
common observance and benefit.

ELEMENTS OF LAW
Statutory Construction Atty. Lorelee Fainza
Wednesday 5:30PM-7:30PM

1. It is a rule of conduct;
2. Law must be just;
3. It must be obligatory;
4. Laws must be prescribed by legitimate authority; and
5. Law must be ordained for the common benefit

CLASSIFICATION OF LAW
 According to persons affected
- Public laws
Governs the conduct of state, government, public officials and employees, their
relationships with each other, and their relationships with the people.
One which affects the public at large or the whole community
- Private laws
One which applies only to a specific person or subject

PUBLIC LAW PRIVATE LAW

Deals with the relation between the state Deals with the relation between
and its constituents or citizens. individuals, associations and
corporations.
Affects the society as a whole. Affects an individual, a family, or a
small group.

 According to the extent of their enforceability or applicability

- General laws
One which applies to the whole state and operates throughout the state alike upon all
the people or all of a class.

- Special laws
The application is limited to a specific territory of a state or is applicable to a
particular person.
 Local laws
One whose operation is confined to a specific place or locality.

 According to whether a right is created or a procedure of the enforcement of a right is

provided
- Substantive law
- Procedural law

 According to their force

- Mandatory law
Commands the doing, performance or observance of an act.
- Prohibitory law
Restrains the commission of an act, or command a person from not doing an act.
- Directory law
Statutory Construction Atty. Lorelee Fainza
Wednesday 5:30PM-7:30PM

Law which is permissive or directory in nature and merely outlines the act to be done
in such a way that no injury can result from ignoring it or that its purpose can be
accomplished in a manner other than that prescribed and substantially the same result
obtained.

 According to their operation

- Prospective law
Law applicable only to cases which shall arise after its enactment.
- Retroactive law
Law which looks backward or contemplates the past; one which is made to affect acts
or facts occurring, or rights occurring, before it came into force.

 According to their effectivity

- Permanent law
Law whose operation is not limited in duration but continues until repealed. It does
not terminate by the lapse of a fixed period or by the occurrence of an event.
- Temporary law
Law whose duration is for limited period of time fixed in the statute itself or whose
life ceases upon the happening of an event.

SUBJECTS OF CONSTRUCTION AND INTERPRETATION

 Constitutional construction and interpretation
- Constitution
 Statutory construction and interpretation
- Statutes
- Ordinance
- Administrative implementing rules and regulations
- Executive orders, administrative orders, memorandum circulars, orders issued by the
President

CONSTITUTION
 It is a written enactment by the direct action of the people providing for the form of
government and defining the powers of the several departments, thus, creating a
fundamental law which is absolute and unalterable except by authority from which it is
emanated.

DOCTRINE 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.
Statutory Construction Atty. Lorelee Fainza
Wednesday 5:30PM-7:30PM

BASIC GUIDELINES IN THE CONSTRUCTION AND INTERPRETATION OF THE

CONSTITUTION
 The constitution is the Supreme Law of the land.
 The words in the Constitution must be given their ordinary meaning.
 The application of interpretation of the Constitutional provision must be in accordance
with the intent of the framers and of the people adopting it.
 The constitution must be construed as a whole.
 Constitutional provisions are mandatory in character.

STATUTE
 It is an act of the legislature as an organized body, expressed in a form, and passed
according to the procedure required to constitute it as part of the law of the land.

CONSTITUTION VERSUS STATUTE

CONSTITUTION STATUTE
States general principles, and builds the Provide the subject of which it treats
substantial foundation and general framework
of the law and government.
Govern the future. Intended merely to meet existing conditions.

NOMENCLATURE OF STATUTES IN THE PHILIPPINES

NOMENCLATURE LEGISLATURE / COMPETENT

AUTHORITY
Public Act Philippine Commission and Philippine
Assembly (1901-1935)
Commonwealth Act Commonwealth Congress (1935-1946)
Republic Act 1st to 7th Congress (1946-1972)
Presidential Decree Issued by Pres. Ferdinand Marcos after the
proclamation of Martial Law
Batas Pambansa Batasang Pambansa (1978-1986)
Executive Order Legislative Acts passed by Pres. Corazon
Aquino pursuant to provisions of the
Construction
Republic Acts 8th Congress – Present Congress

PARTS OF THE STATUTE

Statutory Construction Atty. Lorelee Fainza
Wednesday 5:30PM-7:30PM

 Title – the name by which the statute is known.

 Enacting Clause – part of the statute which declares its enactment and serves to identify it
as an act of legislation proceedings from the proper legislative authority.
 Preamble - part of a statute explaining the reasons for its enactment and the objects
sought to be accomplished.
 Body – main and operative part of the statute containing its substantive and even
procedural provisions.
 Repealing clause – part of the statute which announces the prior statutes or specifies
provisions which have been abrogated by reason of the enactment of the new law.
 Saving clause – limits the application or operation of a new statute to already existing
rights, obligations and procedures when the new statute will affect them.
 Separability clause – part of the statute which provides that in the event that one or more
provisions are declared void or unconstitutional, the remaining provisions shall still be in
force.
 Effectivity clause – part of the statute which announces the effective date of the law.

ORDINANCE
 It is an act passed by the local legislative body in the exercise of its law making authority.

REQUIREMENTS 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.

LEGISLATIVE INTENT
 The purpose of the legislature in enacting the law, or the meaning the legislature seeks to
convey.

LITERAL RULE
 Where the law is clear, plain and free from any ambiguity, it must be given its literal
meaning and applied without any interpretation or even construction.

PURPOSE RULE
 Laws are to be construed in the light of the purpose for which the law is passed or
enacted.
Statutory Construction Atty. Lorelee Fainza
Wednesday 5:30PM-7:30PM

MISCHIEF RULE
 The focus is the mischief which the law seeks to suppress.
 The evil and the remedy for its suppression should be kept in mind and the law should be
construed in the light of the evils sought to be remedied.

GOLDEN RULE
 Ordinary words must be given their ordinary and natural meanings, and special or
technical words their special or technical meanings, unless the meaning would result to
absurdity.
 Words used in commerce and trade should be given their proper and particular meaning.
 Legal words should be given their legal meaning.

R.A. No. 3019

(Anti-Graft and Corrupt Practices Act)

Section 3. Any public officer against whom any criminal prosecution under a valid information
under this Act or under the provisions of the Revised Penal Code on bribery is pending in court,
shall be suspended from office. Should he be convicted by final judgment, he shall lose all
retirement or gratuity benefits under any law, but if he is acquitted, he shall be entitled to
reinstatement and to the salaries and benefits which he failed to receive during suspension,
unless in the meantime administrative proceedings have been filed against him.

1. The case is dismissed with prejudice.

2. The case is dismissed without prejudice.
3. Demurrer without leave of court is denied.
4. “Sans recourse” makes the indorser not liable.
5. The witness is incompetent to testify.
6. The complaint is a scrap for want of prayer.
7. The ponente of the Erratum expired.