UNIVERSITY OF THE CORDILLERAS - COLLEGE OF LAW

STATUTORY CONSTRUCTION

LECTURE 1ST HALF OF SEMESTER Atty. Mary Ellen S. Cabuhat 25 JANUARY 2023
 MODULE 1
INTRODUCTION
 DEFINITION

It is the art or process of discovering and expounding the

meaning and intention of the authors of the law with respect to its
application in 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. (Caltex vs. Palomar, 18 SCRA
247)
 (1) ART OR PROCESS
APPLY THE LAW - When the law speaks in clear and categorical language.

INTERPRET THE LAW - When there is ambiguity in the language of the statute,
ascertain legislative intent by making use of intrinsic aid, or those found in the
statute itself.

CONSTRUCT THE LAW - When the intent of the legislature cannot be ascertained by
merely making use of intrinsic aids, the court should resort to extrinsic aids, or
those found outside the language of the law.
 (2) DETERMINATION OF LEGISLATIVE INTENT

Rules of statutory construction are tools used to ascertain the

legislative intent. They are not rules of law but mere axioms of
experience. In enacting a statute, the legislature is presumed to know
the rules of statutory construction. The legislature enacts a law with
the end in view that it will, in case of doubt, be construed in
accordance with the settled principles of interpretation. (Agpalo)
 (3) IT IS NECESSARY IF LEGISLATIVE INTENT
CANNOT BE ASCERTAINED.
CARDINAL RULE: When the law is clear and free from any doubt or
ambiguity, there is no reason for construction or interpretation.

WHAT IS AN AMBIGUOUS STATUTE?

- When it is capable of being understood by reasonably well-informed
persons in either two or more senses.

- A condition of admitting two or more meanings, of being understood

in more than one way, or referring to two or more things at the same time.
 TESTS OF AMBIGUITY

1) Test of Multiple Interpretation

2) Test of Impossibility

3) Test of Absurdity or Unreasonableness

Note: This is an assignment for next week.

 (4) IT IS A JUDICIAL FUNCTION.

Section 1. 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.
EXCEPTIONS:

1. WHEN THE SUPREME COURT REVERSES ITSELF

2. BY AMENDING THE CONSTITUTION

3. BY ENACTING A NEW STATUTE

ENDENCIA V. DAVID

After a judicial declaration interpreting a constitutional provision that taxing is a form of diminution of
salary, Congress enacted a law to include justices and members of the judicial body in the scope of taxing
power of the government.

Held: Congress cannot, by law, modify an interpretation of the Constitution made by the court. Including the
judicial officers to the scope of taxation is a form of interpretation of the Constitutional provision against
diminution of salaries.

NOTE: The SC reversed itself in the case of Nitafan vs. CIR by interpreting that it was not the intent of the
framers of the Constitution to exclude the justices from the scope of taxation. The intent is “all citizens should
bear their aliquot part of the cost of maintaining the government and should share the burden of general
income taxation equitably”.
 SEPARATION OF POWERS
★ Legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and House of
Representatives, except to the extent reserved to the people by the provision on initiative and referendum. (Art. VI, Sec. 1)
★ The executive power shall be vested in the President of the Philippines. (Art. VII, Sec. 1)
★ The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. (Art. VIII,
Sec. 1)
Blending of Powers
When powers are not confined exclusively within one department but are assigned to o shared by several departments.
Examples: general appropriation bill, grant of reprieves, pardon, amnesty (except in impeachment, election, etc.)
Check and Balances
✓ When one department is allowed to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed
by the other departments.
✓ Theory: The ends of the government are better achieved through the exercise by its agencies of only the powers assigned to
them, subject to reversal in proper cases by those constitutionally authorized.
Examples: passage of a bill, impeachment, jurisdiction of courts, treaty, etc.
 PURPOSES/RATIONALE

★ The doctrine is intended to prevent a concentration of authority in one person or group

of persons that might lead to an irreversible error or abuse in its exercise to the
detriment of our republican institution.
★ The doctrine is intended to secure action, to forestall over-action, to prevent despotism
and to obtain efficiency. (Justice Laurel)
★ It ordains that each of the three (3) great branches of the government has exclusive
cognizance of and is supreme in matters falling within its own constitutionally allocated
sphere. (Angara vs. Electoral Commission, 63 Phil. 139)
 STARES DECISIS, RES JUDICATA & LAW OF THE CASE
★ Stares decisis et non quieta non movere (follow past precedents and do not disturb what has been
settled.)
★ Article 8 of the Civil Code - Judicial decisions applying or interpreting the laws or the Constitution shall
form part of the legal system of the Philippines.
★ REQUISITES OF RES JUDICATA:
a) The judgment sought to bar the new action must be final;
b) The decision must have been rendered by a court having jurisdiction over the
subject matter and parties; (conclusiveness of judgment)
c) The disposition of the case must be a judgment on the merits; and,
d) There must be as between the first and second action identity of:
(1) parties; (2) subject matter; and, (3) cause of action. (bar by prior judgment)
★ LAW OF THE CASE – An established rule when an appellate court passes on a question and
remands the case to the lower court for further proceedings, the question there settled
becomes the law of the case upon subsequent appeal.