INTRO (ALM1&CLM1) – MODULE 2: Law and Its Application [WEEKS

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MODULE 2
LAW AND ITS APPLICATION
WEEKS 2 & 3 – 8 & 12 August 2019

STATUTE DEFINED AND DIFFERENTIATED FROM LAW

❶ What are ‘statutes’? - A Statute is an act of the legislature,

adopted pursuant to its constitutional authority, by prescribed means and
in certain form such that it becomes the law governing conduct within its
scope. Statutes are enacted to prescribe conduct, define crimes, create
inferior governmental bodies, appropriate public funds, and in general
promote the public good and welfare.

❷ ‘Statutes’ and ‘laws’ distinguished. – The term “statute” has often

been used interchangeably with the term “law.” In our jurisdiction in
particular, the synonymous acceptation given is due to the fact that the
principal source of law is legislation. In a strict sense, however, the two
terms are not synonymous. It may be said, by way of distinction, that all
statutes are laws, but not all laws are statutes.

⮲ A statute is defined as the written will of the legislature

rendered authentic by certain prescribed forms and solemnities,
prescribing rules of action of civil conduct. Sometimes, the term also
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means a law directly passed by the legislative body of the State. As a

rule, it is the product of the exercise of legislative power. On the other
hand, a law may have been the result of commonly approved custom,
practice or tradition, carried over for a considerable period by precedent
and laid down as a rule of authority.

❸ Who makes laws? - Under the Constitution of the Republic of the

Philippines (1987), the legislative power, or the power to propose, enact,
repeal and amend laws, "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 of initiative and referendum." [Sec. 1, Article VI, The
Constitution of the Republic of the Philippines (1987)].

⮲ Laws or statutes are made by lawmakers in the Philippine

Legislature that is also called the Congress of the Philippines. It is a
bicameral body (i.e., it has two chambers or houses) consisting of the
Senate (Upper House), and the House of Representatives (Lower House),
although colloquially, the term “congress” commonly refers to just the
lower house.

⮲ The Senate has 24 seats, half of which are elected every three (3)
years. Each senator, therefore, serves a total of six (6) years. They
cannot serve for more than 2 consecutive terms. The senators are
elected by the whole electorate and do not represent any geographical
district.

⮲ The House of Representatives, on the other hand, is currently

composed of 306 congressmen. They serve a 3-year term, and can be
re-elected but cannot go beyond 3 consecutive terms.
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◉ There are two (2) types of congressmen: the district and the
sectoral representatives. All provinces in the country are composed of at
least one congressional district. Several cities also have their own
congressional districts, with some composed of two or more
representatives.

◉ The sectoral congressmen represent the minority sectors of

the population. This enables these minority groups to be represented in
the Congress, when they would otherwise not be represented properly
through district representation. Also known as party-list representatives,
sectoral congressmen represent labor unions, rights groups, and other
organizations.

❹ BRIEF PHILIPPINE LEGISLATIVE HISTORY.

When our country was under American colonial rule, the

legislative body was the Philippine Commission which existed from
September, 1900 to October, 1907. The President of the United States
appointed the members of the Philippine Commission. The Philippine Bill
of 1902 mandated the creation of a bicameral or a two-chamber Philippine
Legislature with the Philippine Commission as the Upper House and the
Philippine Assembly as the Lower House. This bicameral legislature was
inaugurated in October, 1907. Through the leadership of then Speaker
Sergio Osmeña and then Floor Leader Manuel Quezon, the Rules of the
59th Congress of the United States was substantially adopted as the
Rules of the Philippine Legislature. In 1916, the Jones Law changed the
legislative system. The Philippine Commission was abolished, and a new
bicameral Philippine Legislature consisting of a House of Representatives
and a Senate was established. The legislative system was changed again
in 1935. The 1935 Constitution established a unicameral National
Assembly. But in 1940, through an amendment to the 1935 Constitution, a
bicameral Congress of the Philippines consisting of a House of
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Representatives and a Senate was created. Upon the inauguration of the

Republic of the Philippines in 1946, Republic Act No. 6 was enacted
providing that on the date of the proclamation of the Republic of the
Philippines, the existing Congress would be known as the First Congress
of the Republic. The 1973 Constitution abolished the bicameral Congress
and created a unicameral Batasang Pambansa in a parliamentary system
of government. The 1987 Constitution restored the presidential system of
government together with a bicameral Congress of the Philippines.

❺ WHAT ARE THE PARTS OF A STATUTE?

(a) Title – The title of the statute is the heading on the

preliminary part, furnishing the name by which the act is individually
known.

⮚ Example: “Philippine Medical Technology Act of

1969.”

(b) Preamble – That part of the statute explaining the

reasons for its enactment and the objects sought to be accomplished.

⮚ Example: Preamble of the 1987 Philippine

Constitution –

“We, the sovereign Filipino people, imploring the aid of

Almighty God, in order to build a just and humane society,
and establish a Government that shall embody our ideals
and aspirations, prom ko ote the common good, conserve
and develop our patrimony, and secure to ourselves and our
posterity, the blessings of independence and democracy
under the rule of law and a regime of truth, justice,
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freedom, love, equality, and peace, do ordain and

promulgate this Constitution.”

(c) Enacting Clause – That part of the statute which

declares its enactment and serves to identify it is an act of legislation
proceeding from the proper legislative authority.

⮚ Example: "Be it enacted by the Senate and House of

Representatives of the Philippines in Congress assembled."

(d) Body – The main and operative part of the statute

containing its substantive and even procedural provisions. Provisos and
exemptions may also be found in the body of the statute.

(e) Repealing Clause – That part of the statute which

announces the prior statutes or specific provisions which have been
abrogated by reason of the new law.

⮚ Example: “SECTION XX. Repealing Clause - All

laws, decrees, orders, rules and regulations, other issuances,
or parts thereof inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.”

(f) Saving Clause – A restriction in a repealing act, which is

intended to save rights, pending proceedings, penalties, etc., from the
annihilation which would result from an unrestricted repeal.

⮚ Example: Section 10 of PD No. 855 (Prescribing the

Standard Ranks and Salary Rates for Members of the
Integrated National Police) states:
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“Section 10. Saving Clause. The rank and salary rates of

the Philippine Constabulary elements of the Integrated
National Police shall remain as provided for in existing
laws, rules and regulations.”

(g) Separability Clause – That 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 and effect.

⮚ Example: “SECTION XX. Separability Clause. - If any

portion or provision of this Act is declared void or
unconstitutional, the remaining portions or provisions
thereof shall not be affected by such declaration”.

(h) Effectivity Clause – This part of the bill provides for the
date when the law will take effect. Effectivity dates depend on the nature
and type of law enacted.

⮲ Simple laws usually take effect after fifteen (15) days following the
completion of their publication either in the Official Gazette or in a
newspaper of general circulation pursuant to Article 2 of the Civil
Code.

⮲ Other laws provide for their own dates of effectivity such as the
Local Government Code, to wit:

⮚ “SEC. 536. Effectivity Clause. - This Code shall take

effect on January first, nineteen hundred ninety-two, unless
otherwise provided herein, after its complete publication in
at least one (1) newspaper of general circulation.”
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❻ HOW ARE STATUTES REFERRED TO? – Statutes may be referred to as

an Act or Presidential Decree or some other term. This indicates that the
statute was passed during a certain period, as follows:

🖎 4,275 ACTS - Enactments from 1900-1935

🖎 733 Commonwealth Acts - Enactments from 1935-1945

🖎 2034 Presidential Decrees - Enactments from 1972-1985

🖎 884 Batas Pambansa. - Enactments from 1979-1985

🖎 9335. Republic Acts - Enactments from 1946-1972, 1987- April

2005

🖎 During Martial Law, both President Marcos and the Batasang

Pambansa (Parliament) were issuing laws at the same time in the form of
Presidential Decrees (by President Marcos) and Batas Pambansa
(Parliament) .

🖎 During Martial Law, aside from Presidential Decrees, the

President promulgated other issuances namely: 57 General Orders, 1,525
Letters of Instruction, 2,489 Proclamations, 832 Memorandum Orders,
1,297 Memorandum Circulars, 157 Letters of Implementation, Letters of
Authority, Letters of Instruction, 504 Administrative Orders, and 1,093
Executive Orders.
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🖎 The Presidential Decrees issued by Pres. Marcos during Martial

Law and the Executive Orders issued by Pres. Aquino before the opening
of Congress may be classified as legislative acts for there was no
legislature during those two periods.

🖎 Laws passed by the new 1987 Congress started from Rep. Act
No. 6636, as the last Republic Act promulgated by Congress before
Martial Law was Rep. Act No. 6635.

❼ HOW ARE STATUTES ENACTED?

Some provisions in the 1987 Philippine Constitution relating to the

enactment of laws:

Sec. 26 (2), Art. VI. No bill passed by either House

shall become a law unless it has passed three
readings on separate days, and printed copies
thereof in its final form have been distributed to its
Members three days before its passage, except when
the President certifies to the necessity of its
immediate enactment to meet a public calamity or
emergency. Upon the last reading of a bill, no
amendment thereto shall be allowed, and the vote
thereon shall be taken immediately thereafter, and
the yeas and nays entered in the Journal.

Sec. 27 (1), Art. VI. Every bill passed by the

Congress shall, before it becomes a law, be
presented to the President. If he approves the same,
he shall sign it; otherwise, he shall veto it and return
the same with his objections to the House where it
originated, which shall enter the objections at large
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in its Journal and proceed to reconsider it. If, after

such reconsideration, two-thirds of all the Members
of such House shall agree to pass the bill, it shall be
sent, together with the objections, to the other
House by which it shall likewise be reconsidered,
and if approved by two-thirds of all the Members of
that House, it shall become a law. In all such cases,
the votes of each House shall be determined by yeas
or nays, and the names of the Members voting for
or against shall be entered in its Journal. The
President shall communicate his veto of any bill to
the House where it originated within thirty days
after the date of receipt thereof; otherwise, it shall
become a law as if he had signed it.

⮲ An Overview of How a Bill Becomes a Law. –

A. A bill may be introduced in the House of Representatives

or the Senate. A bill must relate to only one subject matter which must be
expressed in its title.

B. On FIRST READING, the title and number of the bill

is read, and then, it is referred to the appropriate committee.

C. A committee studies the bill and conducts hearings on it.

Thereafter, a committee report is prepared on the bill. A committee only
prepares a report on a bill it decides to recommend for approval by the
House. The committee report is read in open session, and together with
the bill, it is referred to the Rules Committee. The Rules Committee can
place the bill in the Second Reading Calendar or in the Calendar of
Unassigned Business.
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D. On SECOND READING, a bill is subject to debate

and amendment before being placed in the Third Reading Calendar for
final passage. A bill must undergo three (3) readings on three (3) separate
days, except when the President certifies a bill as urgent to meet a public
calamity or national emergency.

E. After its passage by one house, the bill goes through the
same process in the other house.

F. If amendments are made in one house, the other house

must concur. If a house has a counterpart bill to a bill passed by the other
house, and these bills have conflicting provisions, a conference committee
composed of representatives of each house is formed to harmonize the
conflicting provisions. Thereafter, if the conflicting provisions are
harmonized, a conference committee report is prepared for ratification or
approval by both houses.

G. When the bill is passed by both houses, it is signed by

their respective leaders and sent to the President for approval.

H. Once received by the Office of the President, the bill can

take one of three routes:

① Approved. Once it is approved by the President, it becomes a

Republic Act and takes effect after 15 days following the
completion of its publication in the Official Gazette or in a
newspaper of general circulation.

② Vetoed. The bill is returned to the originating house with an

explanation on why it was vetoed. The house can either accept
the veto or override it with a 2/3 (majority) vote, after which it is
essentially approved, and takes effect after 15 days following
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the completion of its publication in the Official Gazette or in a

newspaper of general circulation.

③ Lapsed into law. A bill is said to have lapsed into law if the
President fails to act on it within 30 days after receiving the bill.
It takes effect after 15 days following the completion of its
publication in the Official Gazette or in a newspaper of general
circulation.

EFFECTIVITY AND APPLICATION OF LAWS

❶ DATE OF EFFECTIVITY OF LAWS. 🡆 Under Article 2 of the

New Civil Code, “Laws shall take effect after fifteen (15) days
following the completion of their publication in the Official Gazette or in a
newspaper of general circulation, unless it is otherwise provided.”

A. Why is publication imperative?

B. Do all laws need to be published? What kind of laws need to be
published? What issuances need not be published?

C. The proviso of Article 2 of the Civil Code states, "unless it is

otherwise provided." – Does this clause refer to the date of effectivity?
Does this clause refer to the publication requirement itself?

C.1. Can Congress provide that a certain law will take effect five
days after its publication?
C.2. Can Congress provide that a certain law will take effect 60
days after its publication?
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C.3. What if Congress provides that a law shall take effect

immediately upon its approval, when will the law become effective?

⮲ The indispensability of the publication requirement under

Article 2 of the Civil Code as a precondition to the effectivity of laws was
laid to rest in the landmark case of Tañada vs. Tuvera. This case
involved the issue as to when a law takes effect – upon approval of the
President or after publication. Due process was invoked by the petitioners
in demanding the disclosure of a number of presidential decrees which
they claimed had not been published as required by law. The government
argued that while publication was necessary as a rule, it was not so when
it was “otherwise provided,” as when the decrees themselves declared
that they were to become effective immediately upon their approval.

The Supreme Court held that publication is indispensable, but the

legislature may in its discretion provide that the usual fifteen-day period
shall be shortened or extended. Moreover, the ponente of the decision
noted that it is not correct to say that under the disputed clause publication
may be dispensed with altogether. The reason is that such omission
would offend due process insofar as it would deny the public knowledge of
the laws that are supposed to govern it.

Further, the Court also stated that the conclusive presumption

that every person knows the law (Article 3, New Civil Code)
presupposes that the law has been published, if the presumption is to
have any legal justification at all. It is no less important to remember that
the Bill of Rights recognizes “the right of the people to information on
matters of public concern,” and this certainly applies to, among others,
and indeed especially, the legislative enactments of the government.

The Supreme Court then held that all statutes, including those of
local application and private laws, shall be published as a condition for
their effectivity, which shall begin fifteen days after publication, unless a
different effectivity date is fixed by the legislature. Covered by this rule
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are presidential decrees and executive orders promulgated by the

President in the exercise of legislative powers whenever the same are
validly delegated by the legislature or, at present, directly conferred by the
Constitution. Administrative rules and regulations must also be published
if their purpose is to enforce or implement existing law pursuant also to a
valid delegation.

Finally, the High Court held that publication must be in full or it is

no publication at all since its purpose is to inform the public of the contents
of the laws.

In Fariñas vs. COMELEC, the Supreme Court ruled that

when the effectivity clause of a law provides that it “shall take effect
immediately upon its approval,” it is defective. However, the same does
not render the entire law invalid. In such case, the 15-day rule on
effectivity, after publication is complied with, shall apply.

👓 Read the following cases in their original text:

① Tañada vs. Tuvera, G.R. No. L-63915, April 24,

1985, 136 SCRA 27.

② Tañada vs. Tuvera, G.R. No. L-63915, Dec. 29,

1986, 146 SCRA 446

③ NEA vs. Gonzaga, G.R. No. 158761, Dec. 4,

2007.

④ Fariñas vs. COMELEC, G.R. No. 147387, Dec.

10, 2003, 417 SCRA 503.
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❷ APPLICATION OF LAWS. 🡆 Each of the different forms of law –

customary law, case law, and statute law – calls for a different manner of
treatment when the judicial organs of the state apply them to concrete
cases brought before them for decision. In the case of customary law, it
is necessary for the party which avers that a custom governs the question
before the court to prove that such custom exists and possesses all the
qualities required of custom in order to be recognized by the courts. A
custom as a source of right cannot be considered by a court of justice
unless such custom is properly established by competent evidence like
any other fact. (Articles 11 & 12, NCC.)

With respect to case law, the courts in applying a decision seek

what is known as the ratio decidendi of the decision. By this is meant the
underlying principle of the decision. This is the only part of the judgment
which constitutes an authoritative precedent. All other statements in the
decision are called obiter dicta. These are not binding as precedent but
have only a persuasive effect. (Article 8, NCC.)

The application of statute law is a much simpler matter because

the law is expressed in the form of definite rules. However, it often
happens that a rule established by the legislative organ of the state is not
as clear as it should be. The statute may be expressed in terms which are
ambiguous, inconsistent or incomplete. In such cases, the courts have to
resort to what is known as statutory construction or interpretation. Since
the subject of interpretation of statutes is of great importance in our
jurisdiction, statutes being almost the exclusive source of our law, the
topic shall be considered at some length in this module.
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A. Meaning and applicability of the maxim “ignorantia legis

non excusat”. (Art. 3, Civil Code.) –

⮲ Conclusive presumption of knowledge of laws. – By the

maxim “ignorantia legis non excusat” (ignorance of the law excuses no
one from compliance therewith) everyone is conclusively presumed to
know the law. Furthermore, actual notice is not required since
constructive notice is sufficient. Article 3 of the Civil Code is based
on the constructive notice that the provisions of the law are ascertainable
from the public and official repository where they are duly published.
While the presumption is very far from reality, the same has been
established because of the obligatory force of law. Evasion of the law
would be facilitated, and the administration of justice defeated, if persons
could successfully plead ignorance of the law to escape the legal
consequences of their acts, or to excuse non-performance of their legal
duties. The rule is, therefore, dictated not only by expediency but also by
necessity.

⮲ Illustrative example: One accused of violating the law

prohibiting the capture of a Philippine Eagle may not interpose the
defense that “I did not know that it is a crime to capture a
Philippine Eagle,” even if he were a poor farmer living in a faraway
forestland without access to broadcast and print media. Without Article
2 of the Civil Code, one can just imagine the difficulty on the part of
the government prosecutor in proving the guilt of the accused.

⮲ Laws covered. – The laws referred to under Article 3 of

the Civil Code are those of the Philippine laws. There is no
conclusive presumption of knowledge of foreign laws. Article 3 applies
to all kinds of domestic laws, whether civil or penal, substantive or
remedial. However, the application of the article is limited only to
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mandatory and prohibitory laws. It does not include those which are
merely permissive.

B. Prospectivity or irretrospectivity vs. retroactivity of laws. –

Prospectivity or irretrospectivity of laws only mean that a law can only be
applied after its effectivity date, while retroactivity of laws refer to the
application of a law even before its effectivity date except when it
concerns vested rights. In short, prospective laws look forward while
retrospective laws look backward.

⮲ Illustrative example: LAW A provides that it shall take

effect after 30 days following the completion of its publication on July 1,
2019. The law became effective on August 1, 2019, and will continue to
take effect thereafter until it is repealed or struck down. Here, LAW A is
prospective in its application.

LAW B provides that it shall take effect after 20 days following

the completion of its publication on July 1, 2019, and that it shall have a
retroactive effect. The law became effective on July 22, 2019, and will
continue to take effect thereafter, but the law shall also be applied to
things and events that have happened in the past – i.e., prior to July 22,
2019. Here, LAW B is both prospective and retroactive in its application,
but its retroactivity only comes into operation upon the effectivity of the law
itself, which is July 22, 2018.

⮲ General rule. – Generally, laws are to be applied

prospectively. (Article 4, Civil Code.) If the rule was that laws were
retroactive, grave injustice would occur, for these laws would punish
individuals for violations of laws not yet enacted. While ignorance of the
law does not serve as an excuse, such ignorance refers only to laws that
have already been enacted.
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⮲ Applicability to jurisprudence. – The rule on

prospectivity of laws applies to doctrines laid down by the Supreme Court,
or the so-called “judge-made laws” or “case law.” Judicial decisions,
though not laws, are evidence, however, of what the law means, and this
is why they are part of the legal system of the Philippines. (Article 8,
NCC.) The interpretation placed upon the written law by a competent
court has the force of law.

⮚ When judicial decisions deemed part of the law. – The

application and interpretation placed by the Supreme Court upon a law
becomes a part of the law as of the date that law was originally passed or
enacted. This is so because the Supreme Court’s application and
interpretation merely establishes the contemporaneous legislative intent
that the construed law purports to carry into effect. (See People vs.
Licera, G.R. No. L-39990, July 22, 1975, 65 SCRA 270.)

⮲ Ex post facto laws. – Under Sec. 22, Article III of

the 1987 Philippine Constitution, Congress is prohibited from
enacting ex post facto laws. Basically, an ex post facto law is one which
makes a previous act criminal although it was not so at the time it was
committed. To be an ex post facto, the law must: (1) refer to criminal
matters; (2) be retroactive in its application; and (3) prejudicial to the
accused.

⮚ Penal Laws Favorable to the Accused. – Penal

laws shall have a retroactive effect insofar as they favor the person guilty
of a felony, who is not a habitual delinquent, although at the time of the
publication of such laws a final sentence has been pronounced and the
convict is serving the same.
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⮚ The case of People vs. Rolando Valdez

(G.R. No. 12763, March 11, 1999, 347 SCRA 594) is a good
example of the application of this principle. In this case, the accused was
found guilty by the trial court of two crimes: (1) murder for which he was
sentenced to suffer the death penalty; and (2) illegal possession of
firearms and ammunition under P.D. No. 1866 for which he was
sentenced to suffer reclusion perpetua. The crime was committed on
September 1995. His conviction was automatically reviewed by the
Supreme Court. During the pendency of the appeal, R.A. No. 8294 was
enacted by Congress, which became effective on June 21, 1997. Under
the amendatory law, the illegal possession or use of firearm may no
longer be separately charged and only one offense should be punished,
viz., murder in this case, and the use of unlicensed firearm should only be
considered as an aggravating circumstance. Applying Article 22 of the
RPC, the Court ruled that R.A. No. 8294 should be applied retroactively in
this case since it is favorable to the accused. Thus, accused was found
liable only for murder and the illegal possession of firearm was merely
treated as an aggravating circumstance.

C. Effectivity of Laws and Periods of Time. – Article 13 of the

Civil Code tells how to apply the terms used in the law that refer to
periods of time. Since the effectivity of laws commences at a specific
point in time and may also terminate particularly in one, the beginning and
ending of the effectivity of a law becomes crucial. When an act that is
legal is declared criminal, then every citizen will have to be aware when
such act begins to be so. If the law grants a benefit which may be availed
of within a limited period, when such benefit can no longer be claimed
becomes a critical concern of the intended beneficiary.

⮲ Legal periods in Article 13. – Article 13 of the Civil

Code provides:
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ART. 13. When the laws speak of years,

months, days or nights, it shall be understood that
years are of three hundred sixty-five days each;
months, of thirty days; days, of twenty-four hours;
and nights from sunset to sunrise.
If months are designated by their name, they
shall be computed by the number of days which
they respectively have.
In computing a period, the first day shall be
excluded, and the last day included. (7a)

⮲ Legal periods in E.O. No. 292. – Subsequent to the effectivity

of the New Civil Code, the Administrative Code of 1987 (E.O. No. 292,
issued July 25, 1987) was enacted. Section 31, Chapter VIII,
Book I thereof provides:
Section 31. Legal Periods. “Year” shall be
understood to be twelve calendar months; ”month”
of thirty days, unless it refers to a specific calendar
month in which case it shall be computed according
to the number of days the specific month contains;
“day”, to a day of twenty-four hours and; “night”
from sunrise to sunset.

⮲ Computing periods. – In computing a period, the first

day is excluded while the last day is included. (Article 13, NCC.)

⮚ Example: A defendant in an ordinary civil case is

given, under the rules, a period of fifteen days to file his Answer to a
Complaint counted from the receipt of the summons. If the summons is
received by defendant on March 1, the day of the receipt of the summons
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being excluded in the counting of the fifteen-day period, the fifteen-day

period will therefore expire on March 16.

⮲ Implied repeal of Article 13 by Section 31. – For

purposes of computing the legal period, Article 13 has already been
impliedly repealed by the Administrative Code of 1987 insofar as the
definition of “year” in Article 13 is concerned. As ruled by the Supreme
Court in CIR vs. Primetown Property, Inc., G.R. No. 162155,
August 28, 2007, 531 SCRA 446:
“A calendar month is a “month designated in the
calendar without regard to the number of days it may contain.”
It is the “period of time running from the beginning of a certain
numbered day up to, but not including, the corresponding
numbered day of the next month, and if there is not a sufficient
number of days in the next month, then up to and including the
last day of that month.” To illustrate, one calendar month from
December 31, 2007 will be from January 1, 2008 to January
31, 2008; one calendar month from January 31, 2008 will be
from February 1, 2008 until February 29, 2008.”
Xxx xxx xxx
“Both Article 13 of the Civil Code and Section 31,
Chapter VIII, Book I of the Administrative Code of 1987 deal
with the same subject matter – the computation of legal
periods. Under the Civil Code, a year is equivalent to 365
days whether it is a regular year or a leap year. Under the
Administrative Code of 1987, however, a year is composed of
12 calendar months. Needless to state, under the
Administrative Code of 1987 the number of days is irrelevant.”
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⮲ Six months is 180 days. – N. Paras was hired by

Mitsubishi Motors Philippines Corporation (Mitsubishi) on May 27, 1996.
On November 26, 1996, Paras received a notice of termination dated
November 25, 1996 informing him that his services were terminated
effective the said date since he failed to meet the required company
standards for regularization. Paras claims that he was already a regular
employee when he was terminated; hence, his termination should be only
for lawful cause. Mitsubishi counters that since Paras’ probationary
employment commenced on May 27, 1996, said employment expired on
November 27, 1996; hence, the termination of his employment was made
within the six-month probationary period. In resolving the issues in this
case, the Supreme Court ruled, inter alia, that:

“Applying Article 13 of the Civil Code, the probationary

period of six (6) months consists of one hundred eighty (180)
days. This is in conformity with paragraph one, Article 13 of
the Civil Code, which provides that the months which are not
designated by their names shall be understood as consisting
of thirty (30) days each. The number of months in the
probationary period, six (6), should then be multiplied by the
number of days within a month, thirty (30); hence, the period of
one hundred eighty (180) days.

“As clearly provided for in the last paragraph of Article

13, in computing a period, the first day shall be excluded and
the last day included. Thus, the one hundred eighty (180)
days commenced on May 27, 1996, and ended on November
23, 1996. The termination letter dated November 2, 1996 was
served on respondent Paras only at 3:00 am. of November 26,
1996. He was, by then, already a regular employee of the
petitioner under Article 281 of the Labor Code. (Mitsubishi
Motors Philippines Corporation vs. Chrysler
Philippines Labor Union, G.R. No. 148738, June
29, 2004, 433 SCRA 206.)
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⮲ 3:00 a.m. is nighttime. – A crime committed at 3:00 in

the morning is, being committed before sunrise, one committed at
nighttime, an aggravating circumstance. (People of the Philippines
vs. Garcia, G.R. No. L-30449, October 31, 1979, 94 SCRA
14.)

C.1. Assume that a law mandates the filing of an action within ten
(10) years from January 5, 2019. When is the last day to file the action, if
it should be filed within the prescriptive period of ten (10) years?

C.2. On March 1, 2019, Debbie borrowed P100,000.00 from

Carlos payable within ten (10) months. When is the last day for Debbie to
pay the P100,000.00 to Carlos?

C.3. Assume that the parties are given 15 days from receipt of an
adverse decision of the trial court within which to file an appeal to the
Court of Appeals. If a copy of the decision is received by the losing party
on August 1, 2019, when is the last day to appeal?

D. Theory of territoriality and generality. – We adhere in the

Philippines to that doctrine in criminal law known as the “theory of
territoriality” which is stated in Article 14 of the Civil Code, to wit:
“Penal laws and those of public security and safety shall be
obligatory upon all who live or sojourn in Philippine territory,
subject to the principles of public international law and to
treaty stipulations.” Therefore, any person, whether citizen or alien,
can be punished for committing a crime here. Thus, the technical term
“generality” came into being. It means that, as a rule, our criminal law is
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binding on all persons who live or sojourn in Philippine territory, whether

citizen or alien. This is because aliens owe some sort of allegiance even
if it be temporary.

⮲ Illustration of “territoriality” principle – In Mexico, use of

marijuana is not a crime. If Raoul, a Mexican, uses marijuana in Manila,
he will be prosecuted for illegal use of prohibited substances even if the
use of marijuana is not punishable as an offense in Mexico, Raoul’s place
of nationality. If the act is punishable where committed, the malefactor
shall be punished.

⮲ Illustration of “generality” principle – Joe, an American

citizen residing in the Philippines, killed a Filipino in Manila. Prosecuted
for the crime of homicide, Joe cannot interpose the defense that being an
American citizen, he is not bound by Philippine laws.

E. Principle of nationality. – Article 15 of the Civil Code

provides: “Laws relating to family rights and duties or to the
status, condition and legal capacity of persons are binding
upon citizens of the Philippines, even though living abroad.”
Article 15 is a rule of private international law, or a conflicts rule,
containing as it does a reference to a foreign element, such as a foreign
country. It stresses the principle of “nationality.”

⮲ Illustration of “nationality” principle – Article 68 of the

Family Code provides that “the husband and wife are obliged to live
together, observe mutual love, respect and fidelity, and render mutual help
and support.” Suppose, Maria and Jose, Filipino couple, are residing in
Switzerland. Assuming that under Swiss laws, the spouses are not
obliged to support each other. By the principle of “nationality”, since Maria
and Jose are both Filipinos, they are still governed by the Family Code
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even though they are living abroad. Hence, the spouses are obliged to
support each other.

❸ COURT’S DUTY TO DECIDE EVERY CASE. 🡆 A judge cannot

decline to render judgment by reason of the silence, obscurity or
insufficiency of the laws. (Article 9, New Civil Code.) In other
words, whether or not he knows what law shall be applied, the judge must
decide the case assigned to him one way or the other. In so doing, he has
only his sense of justice to assist him, one that results from the totality of
the knowledge he has acquired throughout the years of his existence.

⮲ In case of silence, obscurity or insufficiency of the laws, a

judge may still be guided by the following:

① Customs which are not contrary to law, public order or

public policy;

② Court decisions, foreign or local, in similar cases;

③ Legal opinions of qualified writers and professors;

④ General principles of justice and equity; and

⑤ Rules of statutory construction

⮲ Can courts legislate? – Our government is divided into three

great departments, namely: the executive, the legislature, and the
judiciary. By the doctrine of separation of powers, each department
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cannot encroach into the respective domain of the other. These

departments are made separate and distinct because of the corrupting
nature of power. Hence, the legislature cannot undertake the execution of
the law. Neither can the executive legislate substantial law. The judiciary
is tasked with resolving legal controversies and interpreting statutes. In
this sense, the judiciary cannot legislate.
In another context, the judiciary may be said to engage in judicial
legislation for two reasons: First, because judicial decisions form part of
the legal system and have the force of law. Second, judges are
authorized to render judgment even in the absence, obscurity, or
insufficiency of the laws, and such judgment becomes part of the law of
the land.

⮲ Does Article 9 apply to criminal cases? – In criminal cases,

however, it is an established rule that there is no crime when there is no
law punishing it – Nullum crimen, nulla poena sine lege. If there is no
law, therefore, which punishes an act complained of, the judge must
dismiss the case. This, in reality, is equivalent to a judicial acquittal.

❹ INTERPRETATION OF STATUTES. –

A. Statutory construction defined. – Statutory

construction is the act or process of discovering and expounding the
meaning the 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 for in the law.
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B. ‘Construction’ distinguished from ‘interpretation’ –

‘Construction’ and ‘interpretation’ have the same purpose, and that is to
ascertain and give effect to the legislative intent. A distinction, however,
has been drawn between ‘construction’ and ‘interpretation’. One who
interprets makes use of intrinsic aids or those found in the statute itself,
while one who constructs makes use of extrinsic aids or those found
outside of the written language of the law. Based on this distinction, the
basic rule therefore is – ONE MUST INTERPRET FIRST BEFORE HE
CONSTRUES. In other words, in trying to ascertain the legislative intent,
courts should first be guided by intrinsic aids, or those found in the law
itself. If the legislative intent could be ascertained by merely making use
of intrinsic aids, there is no need to make use of extrinsic aids, or those
found outside of the written language of the law.

⮲ Intrinsic aids are any of the following: title, preamble,

words, phrases and sentences context; punctuation; headings and
marginal notes; and legislative definitions and interpretation clauses. All
of these are found in the law itself.

⮲ Extrinsic aids may consist of contemporaneous

circumstances, policy, legislative history of the statute, contemporaneous
or practical construction, executive construction, legislative construction,
judicial construction, and construction by the bar and legal commentators.

C. Object or purpose of interpretation and

construction. – The object of all interpretations is to ascertain the true
meaning and the will of the legislature. By its very nature, the art of
interpretation properly belongs to the province of the judiciary. While the
function of interpreting and constructing the law belongs to the judiciary,
the executive and legislative departments of the government, are not,
however, precluded from making their own interpretation. The courts,
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cannot, under the guise of interpretation, enact laws by constructing

statutes differently from their intended meaning.

D. When is it necessary to interpret and construct? –

⮲ When necessary. – It is necessary to interpret or

construct when any of the following reasons exists:

① When the language of the statute is ambiguous, doubtful or obscure

when taken in relation to a set of facts; and

② When reasonable minds disagree as to meaning of the language used

in the statute.

⮲ When not necessary. – It is not necessary to interpret

or construct when the law speaks in clear and categorical language. The
duty of the court, in such a case, is to APPLY THE LAW, NOT TO
INTERPRET.
E. Some basic rules in statutory construction. – There
are many rules of statutory construction, but in order not to saddle and
confuse the beginner in the study of law, it is enough in the meantime to
know the most basic rules, namely:

① When the law and its meaning is clear and unmistakable, there is no
need to interpret it any further;

② When construction or interpretation is necessary, the court should

interpret the law according to the meaning the legislature intended to
give it;
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③ If there are two possible interpretations of a law, that which will

achieve the ends desired by Congress should be adopted;

④ Laws of pleading, practice and procedure are likely liberally construed

in order to promote their object and to assist the parties in obtaining
just, speedy and inexpensive determination of every action and
proceeding; and

⑤ In case of doubt in the interpretation and application of laws, and

when all other rules of statutory construction fail, it is presumed that
the lawmaking body intended right and justice to prevail.

REMINDERS:

1. Please memorize the following articles in the Civil Code:

2, 3, 14, and 15.
2. You will know if a case is required to be read in its original

text if you see this sign - 👓 .

*** END ***

HAPPY READING & LEARNING! 

SOURCES of NOTES:
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The discussions outlined in this module have been collectively lifted from
the cases cited and commentaries made by the authors in the references
cited below:

1. David Robert C. Aquino. Introduction to Law (Quezon City:

Central Book Supply, Inc., 2017).
2. Virgilio P. Alconera. Law, Persons and Family Relations (Quezon
City: Central Book Supply, Inc., 2010).
3. Rodelio T. Dascil. Threshold to the Legal Profession: An
Introduction to Law (Manila: Rex Book Store, 2013).
4. Melquiades J. Gamboa. An Introduction to Philippine Law
(Quezon City: Central Lawbook Publishing Co., Inc., 1969).
5. Ruperto G. Martin. Introduction to Philippine Laws (Manila:
Premium Book Store, 1986).
6. Edgardo L. Paras. Civil Code of the Philippines, Vol. I (Manila:
Rex Book Store, Inc., 2002).
7. Elmer T. Rabuya. The Law on Persons and Family Relations
(Manila: Rex Book Store, Inc., 2006).
8. Melencio S. Sta. Maria, Jr. Persons and Family Relations Law
(Manila: Rex Book Store, Inc., 2015).
9. Rolando A. Suarez. Introduction to Law (Manila: Rex Book
Store, Inc., 2017).

“Success depends upon previous preparation,

and without such preparation there is sure to be failure.”
Confucius