CHAPTER ONE: Statutes

IN GENERAL
Laws, generally
A whole body or system of law
Rule of conduct formulated and made obligatory by
legitimate power of the state
Includes RA, PD, EO (president in the e of legislati!e
power", Presidential issuances (ordinance power"
#urisprudence, ordinances passed by sanggunians of local
go!ernment units$
%tatutes, generally
An act of legislature (Philippine &ommission, Phil$
Legislature, 'atasang Pambansa, &ongress"
PD(s of )arcos during the period of martial law *+,-
&onstitution
EO of A.uino re!olutionary period /reedom &onstitution
Public 0 affects the public at large
general 0 applies to the whole state and operates
throughout the state ali1e upon all people or all of
a class$
%pecial 0 relates to particular person or things of a
class or to a particular community, indi!idual or
thing$
Local Law 0 operation is confined to a specific
place or locality (e$g municipal ordinance"
Pri!ate 0 applies only to a specific person or sub2ect$
Permanent and temporary statutes
Permanent 3 one whose operation is not limited in duration
but continues until repealed$
4emporary 3 duration is for a limited period of time fied in
the statute itself or whose life ceases upon the happening of
an e!ent$
o E$g$ statute answering to an emergency
Other classes of statutes
Prospecti!e or retroacti!e 0 accdg$ to application
Declaratory, curati!e, mandatory, directory, substanti!e,
remedial, penal 0 accdg$ to operation
According to form
o Affirmati!e
o 5egati!e
)anner of referring to statutes
Public Acts 0 Phil &ommission and Phil Legislature *+6*3
*+-7
&ommonwealth Acts 0 *+-83 *+98
Republic Acts 0 &ongress *+983 *+,:, *+;, <
'atas Pambansa 0 'atasang Pambansa
Identification of laws 0 serial number and=or title
ENACTMENT OF STATUTES
Legislati!e power, generally
Power to ma1e, alter and repeal laws
>ested in congress 0 *+;, &onstitution
President 0 *+,- ? /reedom (PD and EO respecti!ely"
%angguniang barangay, bayan, panglungsod, panlalawigan 0
only within respecti!e 2urisdiction 0 ordinances
Administrati!e or eecuti!e officer
Delegated power
Issue rules and regulations to implement a specific
law
&ongress legislati!e power
4he determination of the legislati!e policy and its
formulation and promulgation as a defined and binding rule
of conduct$
Legislati!e power 3 plenary ecept only to such limitations
as are found in the constitution
Procedural re.uirements, generally
Pro!ided in the constitution (for 'ills, RA"
Pro!ided by congress 0 enactment of laws
Rules of both houses of congress (pro!ided also by the
&onstitution"
Passage of bill
Proposed legislati!e measure introduced by a member of
congress for enactment into law
%hall embrace only one sub2ect which shall be epressed in
the title
%inged by authors
/ile with the %ecretary of the @ouse
'ills may originate from either lower or upper @ouse
Eclusi!e to lower house
Appropriation
Re!enue= tariff bills
'ills authoriAing increase of public debt
'ills of local application
Pri!ate bills
After - readings, appro!al of either house (see Art 8 %ec :8
(*""
%ecretary reports the bill for first reading
/irst reading 0 reading the number and title, referral to the
appropriate committee for study and recommendation
&ommittee 0 hold public hearings and submits
report and recommendation for calendar for second
reading
%econd reading 0 bill is read in full (with amendments
proposed by the committee" 0 unless copies are distributed
and such reading is dispensed with
o 'ill will be sub2ect to debates, motions and
amendments
o 'ill will be !oted on
o A bill appro!ed shall be included in the calendar of
bills for -
rd
reading
4hird reading 0 bill appro!ed on :
nd
reading will be
submitted for final !ote by yeas and nays,
'ill appro!ed on the -
rd
reading will be transmitted to the
BOther @ouseC for concurrence (same process as the first
passage"
o If the BOther @ouseC appro!es without amendment
it is passed to the President
o If the BOther @ouseC introduces amendments, and
disagreement arises, differences will be settled by
the &onference &ommittees of both houses
o Report and recommendation of the : &onference
&ommittees will ha!e to be appro!ed by both
houses in order to be considered pass
President
o Appro!es and signs
o >etoes (within -6 days after receipt"
o Inaction
If the President !etoes 0 send bac1 to the @ouse where it
originated with recommendation
o :=- of all members appro!es, it will be sent to the
other house for appro!al
o :=- of the other house appro!es 0 it shall become a
law
o If president did not act on the bill with in -6 days
after receipt, bill becomes a law
%ummary D - ways of how a bill becomes a law$
President signs
inaction of president with in -6 days after receipt
!etoed bill is repassed by congress by :=- !otes of all its
members, each house !oting separately$
Appropriations and re!enue bills
%ame as procedure for the enactment of ordinary bills
Only difference is that they can only originate from the
Lower @ouse but the %enate may propose= concur with the
amendments
Limitations of passage (as per &onstitution" Art 8 %ec$ :, (:"
o congress may not increase the appropriation
recommended by the President EEE
o particular appropriation limited
o procedure for &ongress is the same to all other
department= agencies (procedure for appro!ing
appropriations "
o special appropriations 0 national treasurer= re!enue
proposal
o no transfer of appropriations authority to
augment
o discretionary funds 0 for public purposes
o general appropriations bills 0 when re3enacted
o President my !eto any particular item=s in an
appropriation re!enue, or tariff bill$
Authentication of bills
'efore passed to the President
Indispensable
'y signing of %pea1er and %enate President

Fnimpeachability of legislati!e 2ournals

#ournal of proceedings
&onclusi!e with respect to other matters that are re.uired by
the &onstitution
Disputable with respect to all other matters
'y reason of public policy, authenticity of laws should rest
upon public memorials of the most permanent character
%hould be public
Enrolled bill
'ills passed by congress authenticated by the %pea1er and
the %enate President and appro!ed by the President
Importing absolute !erity and is binding on the courts
o It carries on its face a solemn assurance that it was
passed by the assembly by the legislati!e and
eecuti!e departments$
&ourts cannot go behind the enrolled act to disco!er what
really happened
o If only for respect to the legislati!e and eecuti!e
departments
4hus, if there has been any mista1e in the printing of the bill
before it was certified by the officer of the assembly and
appro!ed by the &hief Eecuti!e, the remedy is by
amendment by enacting a curati!e legislation not by 2udicial
decree$
Enrolled bill and legislati!e 2ournals 3 &onclusi!e upon the
courts
If there is discrepancy between enrolled bill and 2ournal,
enrolled bill pre!ails$
Githdrawal of authentication, effect of
%pea1er and %enate President may withdraw if there is
discrepancy between the tet of the bill as deliberated and
the enrolled bill$
EffectD
o 5ullifies the bill as enrolled
o Losses absolute !erity
o &ourts may consult 2ournals
PARTS OF STATUTES
4itle of statute
)andatory law 3 E!ery bill passed by &ongress shall
embrace only one sub2ect which shall be epressed in the
title thereof (Art 8, %ec :8 (*" *+;, &onstitution"
: limitations upon legislation
o 4o refrain from conglomeration, under one statute,
of heterogeneous sub2ects
o 4itle of the bill should be couched in a language
sufficient to notify the legislators and the public
and those concerned of the import of the single
sub2ect$
Purposes of re.uirement (on * sub2ect"
Principal purposeD to apprise the legislators of the ob2ect,
nature, and scope of the pro!ision of the bill and to pre!ent
the enactment into law of matters which ha!e not recei!ed
the notice, action and study of the legislators$
o 4o prohibit duplicity in legislation
In sum of the purpose
o 4o pre!ent hodgepodge= log3rolling legislation
o 4o pre!ent surprise or fraud upon the legislature
o 4o fairly apprise the people, through publication of
the sub2ects of the legislation
o Fsed as a guide in ascertaining legislati!e intent
when the language of the act does not clearly
epress its purposeH may clarify doubt or
ambiguity$
@ow re.uirement construed
Liberally construed
If there is doubt, it should be resol!ed against the doubt and
in fa!or of the constitutionality of the statute
Ghen there is compliance with re.uirement
&omprehensi!e enough 3 Include general ob2ect
If all parts of the law are related, and are germane to the
sub2ect matter epressed in the title
4itle is !alid where it indicates in broad but clear terms, the
nature, scope and conse.uences of the law and its operations
4itle should not be a catalogue or inde of the bill
Principles apply to titles of amendatory acts$
o Enough if it states Ban act to amend a specific
statuteC
5eed not state the precise nature of the amendatory
act$
F% Legislators ha!e titles ending with the words Band for
other purposesC ( F% is not sub2ect to the same
&onstitutional restriction as that embodied in the Philippine
&onstitution"
Ghen re.uirement not applicable
Apply only to bills which may thereafter be enacted into law
Does not apply to laws in force and eisting at the time the
*+-7 &onstitution too1 effect$
5o application to municipal or city ordinances$
Effect of insufficiency of title
%tatute is null and !oid
Ghere, the sub2ect matter of a statute is not sufficiently
epressed in its title, only so much of the sub2ect matter as is
not epressed therein is !oid, lea!ing the rest in force, unless
the in!alid pro!isions are inseparable from the others, in
which case the nullity the former !itiates the latter
Enacting clause
Gritten immediately after the title
%tates the authority by which the act is enacted

I* 3 Phil &ommission 0 B 'y authority of the President of the

F%, be it enacted by the F% Philippine &ommissionC
I: 3 Philippine Legislature3 B by authority of the F%, be it
enacted by the Philippine LegislatureC
I- 3 Ghen I: became bicameralD B'e it enacted by the
%enate and @ouse of Representati!es of the Philippines in
legislature assembled and by authority of the sameC
I9 3 &ommonwealth3 B'e it enacted by the 5ational
Assembly of the Philippines
I7 0 when I9 became bicameralD Bbe it enacted by the %enate
and @ouse of Representati!es in congress assembledC 0 same
*+983*+,:=*+;,3present$
I8 0 'atasang PambansaD B'e it enacted by the 'atasang
Pambansa in session assembledC
I, 0 PD B 5OG 4@ERE/ORE, I JJJJJJ President of the
Philippines, by the powers !ested in me by the &onstitution
do hereby decree as followsC
I; 0 EO B5ow, therefore, I, JJJJ hereby orderC
Preamble
Defined 0 prefatory statement or eplanation or a finding of
facts, reciting the purpose, reason, or occasion for ma1ing
the law to which it is prefiedC
/ound after enacting clause and before the body of the law$
Fsually not used by legislations because content of the
preamble is written in the eplanatory note$
'ut PDs and EOs ha!e preambles$
Pur!iew of statute
that part which tells what the law is about
body of statute should embrace only one sub2ect should only
one sub2ect matter, e!en there pro!isions should be allied
and germane to the sub2ect and purpose of the bill$
%tatue is usually di!ided into section$ w=c contains a single
proposition$
Parts
o short title
o policy section
o definition section
o administrati!e section
o sections prescribing standards of conduct
o sections imposing sanctions for !iolation of its
pro!isions
o transitory pro!ision
o separability clause
o effecti!ity clause
%eparability clause
it states that if any pro!ision of the act is declared in!alid,
the remainder shall not be affected thereby$
It is not controlling and the courts may in!alidate the whole
statute where what is left, after the !oid part, is not complete
and wor1able
Presumption 0 statute is effecti!e as a whole
its effectD to create in the place of such presumption the
opposite of separability$
PRESIDENTIAL ISSUANCES, RULES AND ORDINANCES
Presidential issuances
are those which the president issues in the eercise of
ordinance power$
i$e$ EO, AO (administrati!e orders", proclamations, )O
(memorandum orders", )& (memorandum circulars", and
general or special orders$
@a!e force and effect of laws$
EO
o acts of the President pro!iding for rules of a
general or permanent character in the
implementation or eecution of constitutional=
statutory powers$
o do not ha!e the force and effect of laws enacted by
congress
o different from EO issued by the President in the e
of her legislati!e power during the re!olution
Presidential decree under the freedom constitution
AO
o acts of the President which relate to particular
aspects of go!ernmental operations in pursuance of
his duties as administrati!e head
Proclamations
o acts of the President fiing a date or declaring a
statute or condition of public moment or interest,
upon the eistence of which the operation of a
specific law or regulation is made to depend
)O
o acts of the President on matters of administrati!e
details or of subordinate or temporary interest
which only concern a particular officer or office of
go!ernment
)&
o acts of the president on 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 go!ernment,
for information of compliance
Keneral or %pecific Order
o Acts and commands of the President in his
capacity as &ommander3in3&hief of the A/P
%upreme &ourt circularsH rules and regulations
%ee Art ;, %ec$ 7(7" *+;, &onstitution
%ee Art$ 8, %ec$ -6 *+;, &onstitution
It has been held that a law which pro!ides that a decision of
a .uasi32udicial body be appealable directly to the %&, if
enacted without the ad!ice and concurrence of the %&,
ineffecti!e
o Remedy or applicable procedure 0 go to &A
Rules of &ourt 0 product of the rule3ma1ing power of the %&
o Power to repeal procedural rules
o 5o power to promulgate rules substanti!e in nature
(unli1e the legislati!e department"
%ubstanti!e rules 0 if it affects or ta1es away !ested rightsH
right to appeal
Procedural rules 0 means of implementing eisting rightH
where to file an appeal for transferring the !enue
Rules and regulations issued by the administrati!e or
eecuti!e officers in accordance with and authoriAed by law,
ha!e the force and effect of law
o Re.uisites for !alidity
Rules should be germane to the ob2ects
and purposes of the law
Regulations be not in contradiction with,
but conform to, the standards that the
law prescribes
4he be for the sole purpose of carrying
into effect the general pro!isions of the
law
o Law cannot be restricted or etended
o Law pre!ails o!er regulations, if there are
discrepancies
Rule3ma1ing power of public administrati!e agency is a
delegated legislati!e power 0 if it enlarges or restricts such
statute is in!alid
Re.uisites for delegating a statute by legislati!e branch to
another branch of go!ernment to fill in details, eecution,
enforcement, or administration of lawL$ the law must beD
o &omplete in itself
o /i a standard which may be epress or implied
Eample of BstandardC 0 simplicity and
dignityH public interestH public welfareH
interest of law and orderH 2ustice and
e.uity and substantial merit of the caseH
ade.uate and efficient instruction
EampleD
o &hange of Band=orC to BorC 0 in!alid
o &hange of BmayC(permissi!e" to BshallC
(mandatory" 0 in!alid (Krego ! &O)ELE& pp ::"
Administrati!e rule and interpretation distinguished
Rule 0 Bma1esC new law with the force and effect of a !alid
lawH binding on the courts e!en if they are not in agreement
with the policy stated therein or with its innate wisdom
Interpretation 0 merely ad!isory for it is the courts that
finally determine what the law means
Administrati!e construction is not necessarily binding upon
the courtsH it may be set aside by 2udicial department (if there
is an error of law, or abuse of power or lac1 of 2urisdiction or
KAD 0 gra!e abuse of discretion"
'arangay ordinance
%angguniang barangay 0 smallest legislati!e bodyH may pass
an ordinance by ma2ority of all its membersH sub2ect to
re!iew by %angguniang bayan= panglungsod
%angguniang bayan= panglungsod 0 ta1e action on the
ordinance within -6 days from submissionH if there(s
inaction, it is presumed to be consistent with the municipal
or city ordinanceH if inconsistency is found, it will remand to
the %angguniang barangay
)unicipal ordinance
Lodged in the %angguniang bayan
)a2ority of the .uorum !oting, ordinance is passed
Ordinance sent to )ayor within *6 days for appro!al or
!etoH if there(s mayor(s inaction, ordinance is presumed
appro!edH if !etoed and o!erridden by :=- of all members,
ordinance is appro!ed
Appro!ed ordinance is passed to %angguniang panlalawigan
for re!iew
o Githin -6 days may in!alidate in whole or in part
and its action is finalH if there(s inaction within -6
days, it is deemed !alid
&ity ordinance
>ested in %angguniang panglungsod
)a2ority of the .uorum !oting, ordinance is passed
%ubmitted to )ayor within *6 days
o Appro!e
o >eto 0 :=- of all members 0 appro!ed
o Inaction 0 deemed appro!ed
If city or component city 0 submit to %angguniang
panlalawigan for re!iew which shall ta1e action within -6
days, otherwise, it will be deemed !alid
Pro!incial ordinance
%angguniang panlalawigan 0 ma2ority of .uorum !oting,
passage of ordinance
/orwarded to the Ko!ernor who within *7 days from receipt
shall
o Appro!e
o >eto 0 :=- of all members 0 appro!ed
o Inaction 0 deemed appro!ed
VALIDITY
Presumption of constitutionality
E!ery statute is presumed !alid
o Lies on how a law is enacted
o Due respect to the legislati!e who passed and
eecuti!e who appro!ed
o Responsibility of upholding the constitution rests
not on the courts alone but on the legislati!e and
eecuti!e branches as well
&ourts cannot in.uire into the wisdom or propriety of laws
4o declare a law unconstitutional, the repugnancy of the law
to the constitution must be clear and une.ui!ocal
All reasonable doubts should be resol!ed in fa!or of the
constitutionality of lawH to doubt is to sustain
/inal arbiter of unconstitutionality of law is the %upreme
&ourt E5 'A5& (ma2ority who too1 part and !oted thereon"
5onetheless, trial courts ha!e 2urisdiction to initially decide
the issue of constitutionality of a law in appropriate cases
Re.uisites for eercise of 2udicial power
4he eistence of an appropriate case
Interest personal and substantial by the party raising the
constitutional .uestion
Plea that the function be eercised at the earliest opportunity
5ecessity that the constitutional .uestion be passed upon in
order to decide the case
Appropriate case
'ona fide case 0 one which raises a 2usticiable contro!ersy
#udicial power is limited only to real, actual, earnest, and
!ital contro!ersy
&ontro!ersy is 2usticiable when it refers to matter which is
appropriate for court re!iewH pertains to issues which are
inherently susceptible of being decided on grounds
recogniAed by law
&ourts cannot rule on Bpolitical .uestionsC 0 .uestions which
are concerned with issues dependent upon the wisdom (!$
legality" of a particular act or measure being assailed
o Bseparation of powersC
o @owe!er, &onstitution epands the concept of
2udicial re!iew 0 2udicial power includes the duty
of the courts of 2ustice to settle actual contro!ersies
in!ol!ing rights which are legally demandable and
enforceable and to determine whether or not there
has been KAD amounting to lac1 or ecess of
2urisdiction on the branch or the part of any
branch= instrumentality of the Ko!ernment
%tanding to sue
Legal standing or locus standi 0 personal= substantial interest
in the case such that the party has sustained or will sustain
direct in2ury as a result of go!ernmental act that is being
challenged
BinterestC 0 an interest in issue affected by the decree
&itiAen 0 ac.uires standing only if he can establish that he
has suffered some actual or threatened concrete in2ury as a
result of the allegedly illegal conduct of the go!ernment
o E$g$ tapayer 0 when it is shown that public funds
ha!e been illegally disbursed
)ember of the %enate or of the @ouse has legal standing to
.uestion the !alidity of the Presidential !eto or a condition
imposed on an item in an appropriations bills
%& may, in its discretion, ta1e cogniAance of a suit which
does not satisfy the re.uirement of legal standing
o E$g$ calling by the President for the deployment of
the Philippine )arines to 2oin the P5P in !isibility
patrols around the metro
Ghen to raise constitutionality
at the earliest possible opportunity 0 i$e$ in the pleading
it may be raised in a motion for reconsideration = new trial in
the lower courtH or
in criminal cases 0 at any stage of the proceedings or on
appeal
in ci!il cases, where it appears clearly that a determination of
the .uestion is necessary to a decision, and in cases where it
in!ol!es the 2urisdiction of the court below
5ecessity of deciding constitutionality
where the constitutional .uestion is of paramount public
interest and time is of the essence in the resolution of such
.uestion, adherence to the strict procedural standard may be
relaed and the court, in its discretion, may s.uarely decide
the case
where the .uestion of !alidity, though apparently has
become moot, has become of paramount interest and there is
undeniable necessity for a ruling, strong reasons of public
policy may demand that its constitutionality be resol!ed
4est of constitutionality
L is what the &onstitution pro!ides in relation to what can
or may be done under the statute, and not by what it has been
done under it$
o If not within the legislati!e power to enact
o If !ague 0 unconstitutional in : respects
>iolates due process
Lea!es law enforcers unbridled
discretion in carrying out its pro!isions
o Ghere there(s a change of circumstances 0 i$e$
emergency laws
Ordinances (test of !alidity are"D
o It must not contra!ene the &onstitution or any
statute
o It must not be unfair or oppressi!e
o It must not be partial or discriminatory
o It must not prohibit but may regulate trade
o It must be general and consistent with public
policy
o It must not be unreasonable
Effects of unconstitutionality
It confers no rights
Imposes no duties
Affords no protection
&reates no office
In general, inoperati!e as if it had ne!er been passed
: !iewsD
o Orthodo !iew 0 unconstitutional act is not a lawH
decision affect ALL
o )odern !iew 0 less stringentH the court in passing
upon the .uestion of unconstitutionality does not
annul or repeal the statute if it finds it in conflict
with the &onstitutionH decisions affects parties
O5LM and no 2udgment against the statuteH
opinion of court may operate as a precedentH it
does not repeal, supersede, re!o1e, or annul the
statute
In!alidity due to change of conditions
Emergency laws
It is deemed !alid at the time of its enactment as an eercise
of police power
It becomes in!alid only because the change of conditions
ma1es its continued operation !iolati!e of the &onstitution,
and accordingly, the declaration of its nullity should only
affect the parties in!ol!ed in the case and its effects applied
prospecti!ely
Partial in!alidity
Keneral ruleD that where part of a statute is !oid as repugnant
to the &onstitution, while another part is !alid, the !alid
portion, if separable from the in!alid, may stand and be
enforced
Eception 0 that when parts of a statute are so mutually
dependent and connected, as conditions, considerations,
inducements, or compensations for each other, as to warrant
a belief that the legislature intended them as a whole, the
nullity of one part will !itiate the rest 0 such as in the case of
Tatad v Sec of Department of Energy and Antonio v.
COMELEC
EFFECT AND OPERATION
Ghen laws ta1e effect
Art : && 3 B laws to be effecti!e must be published either
in the Official KaAette or in a newspaper of general
circulation in the countryC
o 4he effecti!ity pro!ision refers to all statutes,
including those local and pri!ate, unless there are
special laws pro!iding a different effecti!ity
mechanism for particular statutes
%ec *; &hapter 7 'oo1 * of Administrati!e &ode
Effecti!ity of laws
o default rule 0 *73day period
o must be published either in the OK or newspaper
of general circulation in the countryH publication
must be full
4he clause Bunless it is otherwise pro!idedC 0 solely refers to
the *73day period and not to the re.uirement of publication
Ghen Presidential issuances, rules and regulations ta1e effect
4he President(s ordinance power includes the authority to
issue EO, AO, Proclamations, )O, )& and general or
specific orders
Re.uirement of publication applies ecept if it is merely
interpretati!e or internal in nature not concerning the public
: typesD
o 4hose whose purpose is to enforce or implement
eisting law pursuant to a !alid delegation or to fill
in the details of a statuteH re.uires publication
o 4hose which are merely interpretati!e in nature or
internalH does not re.uire publication
Re.uirements of filing (*+;, Administrati!e &ode"D
o E!ery agency shall file with the FP Law &enter -
certified copies of e!ery rule adopted by it$ Rules
in force on the date of effecti!ity of this &ode
which are not filed within - months from that date
shall not thereafter be the basis of any sanction
against any party= persons
Ghen local ordinance ta1es effect
Fnless otherwise stated, the same shall ta1e effect *6 days
from the date a copy is posted in a bulletin board at the
entrance of the pro!incial capitol or city, municipality or
barangay hall, A5D in at least : other conspicuous places in
the local go!ernment unit concerned
4he secretary to the %angguinian concerned shall cause the
posting not later than 7 days after appro!alH tet will be
disseminated in English or 4agalogH the secretary to the
%angguinian concerned shall record such fact in a boo1 1ept
for that purpose, stating the dates of appro!al and posting
Kist of ordinance with penal sanctions shall be published in a
newspaper of general circulation within the respecti!e
pro!ince concernedH if 5O newspaper of general circulation
in the pro!ince, PO%4I5K shall be made in all
municipalities and cities of the pro!ince where the
%anggunian of origin is situated
/or highly urbaniAed and independent component cities,
main features of the ordinance, in addition to the posting
re.uirement shall be published once in a local newspaper$ In
the absence of local newspaper, in any newspaper of general
circulation
o @ighly urbaniAed city 0 minimum population of
:66,666 and with latest annual income of at least
76) Php
%tatutes continue in force until repealed
Permanent= indefinite 0 law once established continues until
changed by competent legislati!e power$ It is not changed
by the change of so!ereignty, ecept that of political nature
4emporary 0 in force only for a limited period, and they
terminate upon epiration of the term stated or upon
occurrence of certain e!entsH no repealing statute is needed
4erritorial and personal effect of statutes
All people within the 2urisdiction of the Philippines
)anner of computing time
%ee Art$ *- &&
Ghere a statute re.uires the doing of an act within a
specified number of days, such as ten days from notice, it
means ten calendar days and 5O4 ten wor1ing days
E$g$ * year from Oct$ 9, *+98 is Oct$ 9, *+9,
If last day falls on a %unday or holiday, the act can still be
done the following day
Principle of Beclude the first, include the lastC DOE% 5O4
APPLM to the computation of the period of prescription of a
crime, in which rule, is that if the last day in the period of
prescription of a felony falls on a %unday or legal holiday,
the information concerning said felony cannot be filed on the
net wor1ing day, as the offense has by then already
prescribed
CHAPTER TWO: Construt!on an" Inter#retat!on
NATURE AND PURPOSE
&onstruction defined
&onstruction is the art or process of disco!ering and
epounding the meaning and intention of the authors of the
law, where that intention rendered doubtfully reason of
ambiguity in its language or of the fact that the gi!en case is
not eplicitly pro!ided for in the law$
&onstruction is drawing of warranted conclusions beyond
direct epression of the tet epressions which are in spirit
though not within the tet$
ine!itably, there enters into the construction of statutes
the play of #FDI&IAL #FDK)E54 within the limits of the
rele!ant legislati!e materials
it in!ol!es the EEER&I%E O/ &@OI&E 'M 4@E
#FDI&IARM
&onstruction and interpretation distinguished
4hey are so ali1e in practical results and so are used
interchangeablyH synonymous$
&onstruction Interpretation
3 process of drawing warranted
conclusions not always
included in direct epressions,
or determining the application
of words to facts in litigation
3 art of finding the true
meaning and sense of any form
of words
Rules of construction, generally
Rules of statutory construction are tools used to ascertain
legislati!e intent$
5O4 rules of law but mere aioms of eperience
In enacting a statute, the legislature is presumed to 1now the
rules of statutory construction, in case of doubt, be construed
in accordance with the settled principles of interpretation$
Legislature sometimes adopts rules of statutory construction
as part of the pro!isions of the statuteD 3 see eamples page
9+376
Legislature also defines to ascertain the meaning of !ague,
broad words= terms
Purpose of ob2ect of construction
4he purpose is to ascertain and gi!e effect to the intent of the
law$
4he ob2ect of all 2udicial interpretation of a statute is to
determine legislati!e intent, either epressly or impliedly, by
the language usedH to determine the meaning and will of the
law ma1ing body and disco!er its true interpretations of law$
Legislati!e intent, generally
L is the essence of the law
Intent is the spirit which gi!es life to legislati!e enactment$ It
must be enforced when ascertained, although it may not be
consistent with the strict letter of the statute$ It has been held,
howe!er, that that the ascertainment of legislati!e intent
depend more on a determination of the purpose and ob2ect of
the law$
Intent is sometimes e.uated with the word Bspirit$C
Ghile the terms purpose, meaning, intent, and spirit are
oftentimes interchangeably used by the courts, not entirely
synonymous
Legislati!e purpose
A legislati!e purpose is the reason why a particular statute
was enacted by legislature$
Legislation Bis an acti!e instrument and go!ernment which,
for the purpose of interpretation means that laws ha!e ends
to be achie!edC
Legislati!e meaning
Legislati!e meaning is what the law, by its language, means$
Ghat it comprehendsH
Ghat it co!ers or embracesH
Ghat its limits or confines are$
Intent and )eaning 0 synonymous
If there is ambiguity in the language used in a statute, its
purpose may indicate the meaning of the language and lead
to what the legislati!e intent is
Kraphical illustration 0
Federation of Free Farmers v CA.
RA 5o$ ;6+ %ec$ * 0 BIn absence of a written milling
agreements between the ma2ority of the planters and the
millers, the unrefined sugar as well as all by3products shall
be di!ided between themC
RA ;6+ %ec$ + 0 B4he proceeds of any increase in
participation granted by the planters under this act and abo!e
their present share shall be di!ided between the planter and
his laborer in the proportion of 86N laborer and 96N
planterC
4o gi!e literal import in interpreting the two section will
defeat the purpose of the Act
4he purposeD
o &ontinuous production of sugar
o 4o grant the laborers a share in the increased
participation of planters in the sugar produce
4he legislati!e intent is, thus to ma1e the act operati!e
irrespecti!e of whether there eists a milling agreement
between central and the sugar planters$
)atters in.uired into in construing a statute
BIt is not enough to ascertain the intention of the statuteH it is
also necessary to see whether the intention or meaning has
been epressed in such a way as to gi!e it legal effect or
!alidityC
4husD 4he ob2ect of in.uiry is not only to 1now what the
legislature used sufficiently epresses that meaning$ 4he
legal act is made up of : elementsD
o internal 0 intention
o eternal3 epression
/ailure of the latter may defeat the former
Ghere legislati!e intent is ascertained
4he primary source of legislati!e intent is the statute itself$
If the statute as a whole fails to indicate the legislati!e intent
because of ambiguity, the court may loo1 beyond the statute
such asD
o Legislati!e history 0 what was in the legislati!e
mind at the time the statute was enactedH what the
circumstances wereH what e!il was meant to be
redressed
o Purpose of the statute 0 the reason or cause which
induced the enactment of the law, the mischief to
be suppressed, and the policy which dictated its
passage
o when all these means fail, loo1 into the effect of
the law$
If the -
rd
means (effect of the law" is first
used, it will be 2udicial legislation
POWER TO CONSTRUE
&onstruction is a 2udicial function
It is the court that has the final word as to what the law
means$
It construes laws as it decide cases based on fact and the law
in!ol!ed
Laws are interpreted in the contet of a peculiar factual
situation of each case
&ircumstances of time, place, e!ent, person and particularly
attendant circumstances and actions before, during and after
the operati!e fact ha!e ta1en their totality so that 2ustice can
be rationally and fairly dispensed$
)oot and academic 0
o Purpose has become stale
o 5o practical relief can be granted
o Relief has no practical effect
Keneral rule (on mootness" 0 dismiss the case
o EceptionD
If capable of repetition, yet e!ading
re!iew
Public interest re.uires its resolution
Rendering decision on the merits would
be of practical !alue
Legislati!e cannot o!errule 2udicial construction
It cannot preclude the courts from gi!ing the statute different
interpretation
Legislati!e 0 enact laws
Eecuti!e3 to eecute laws
#udicial3 interpretation and application
If the legislature may declare what a law means 0 it will
cause confusionLit will be !iolati!e of the fundamental
principles of the constitution of separation powers$
Legislati!e construction is called resolution or declaratory
act
Endencia v David
Eplains why legislati!e cannot o!errule %upreme &ourt(s
decision
Perfecto v. Meer
Art$ ; %ec$ + *+-7 &onstitution 0 %&(s interpretationD Bshall
recei!e such compensation as may be fied by law, which
shall not be diminished during their continuance in officeC 0
eempt from income ta
Legislati!e passed RA 7+6 %ec$ *- 0 Bno salary whene!er
recei!ed by any public officer of the Republic shall be
considered eempt from the income ta, payment of which is
hereby declared not to be a diminution of his compensation
fied by the &onstitution or by lawC
%ource of confusion
>iolati!e of principle on separation of powers
RA 7+6 %ec *- 0 unconstitutional
Art ; %ec$ + *+-7 0 repealed by Art$ *7 %ec$ 8 *+,-
&onstitution 0 Bno salary or any form of emolument of any
public officer or employee, including constitutional officers,
shall be eempt from payment of income taC
4hus, 2udiciary is not eempt from payment of ta anymore
Ghen 2udicial interpretation may be set aside
BInterpretations may be set aside$C 4he interpretation of a
statute or a constitutional pro!ision by the courts is not so
sacrosanct as to be beyond modification or nullification$
4he %upreme &ourt itself may, in an appropriate case change
or o!errule its pre!ious construction$
4he rule that the %upreme &ourt has the final word in the
interpretation or construction of a stature merely means that
the legislature cannot, by law or resolution, modify or annul
the 2udicial construction without modifying or repealing the
!ery statute which has been the sub2ect of construction$ It
can, and it has done so, by amending or repealing the statute,
the conse.uence of which is that the pre!ious 2udicial
construction of the statute is modified or set aside
accordingly$
Ghen court may construe statute
B4he court may construe or interpret a statute under the
condition that 4@ERE I% DOF'4 OR A)'IKFI4MC
Ambiguity 0 a condition of admitting : or more meanings$
%usceptible of more than one interpretation$
Only when the law is ambiguous or doubtful of meaning
may the court interpret or construe its intent$
&ourt may not construe where statute is clear
A statute that is clear and unambiguous is not susceptible of
interpretations$
/irst and fundamental duty of court 0 to apply the law
&onstruction 0 !ery last function which the court should
eercise
Law is clear 0 no room for interpretation, only room for
application
&ourts cannot enlarge or limit the law if it is clear and free
from ambiguity (e!en if law is harsh or onerous
A meaning that does not appear nor is intended or reflected
in the !ery language of the statute cannot be placed therein
by construction
Manikan v. Tanodbayan
%ec$ , PD *,*83A 0 Bsole police authorityC of EPOA
officials may not be construed as an eception to, or
limitation on, the authority of the 4anodbayan to in!estigate
complaints for !iolation of the anti3graft law committed by
the EPOA officials
EPOA(s power 0 not eclusi!eH BsoleC refers to police
authority not emplyed to describe other power
Lapid v. CA
IssueD whether or not the decision of the Ombudsman
imposing a penalty of suspension of one year without pay is
immediately eecutory
Administrati!e &ode and LK& 0 not suppletory to
Ombudsman Act
4hese three laws are related or deal with public officers, but
are totally different statutes
An administrati!e agency tas1ed to implement a statute may
not construe it by epanding its meaning where its pro!isions
are clear and unambiguous
Land ank v. CA
DAR interpreted BdepositsC to include trust accountsC
%& held that BdepositsC is limited only to cash and L'P
bonds
Libanan v. !"ET
IssueD whether ballots not signed at the bac1 by the chairman
of the 'oard of Election Inspectors ('EI" are spurious, since
it !iolated %ec$ :9 RA ,*88
@eldD not spuriousH only renders the 'EI accountable
Rulings of %upreme &ourt part of legal system
Art$ ; && 0 B#udicial decisions applying or interpreting the
laws or the &onstitution shall form part of the legal system of
the PhilippinesC
Legis interpretato #egis vim obtinet 0 authoritati!e
interpretation of the %& of a statute ac.uires 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 legislati!e intent that the statute thus
construed intends to effectuate
Stare decisis et non $%ieta novere & when the %& has once
laid down a principle of law as applicable to a certain state of
facts, it will adhere to that principle and apply it to all future
casese where the facts are substantially the same
o /or stability and certainty
%upreme &ourt becomes, to the etent applicable, the criteria
that must control the actuations not only of those called upon
to abide thereby but also of those duty3bound to enforce
obedience thereto$
%& rulings are binding on inferior courts
#udicial rulings ha!e no retroacti!e effect
Le prospicit not respicit 3 the law loo1s forward, not
bac1ward
RationaleD Retroacti!e application of a law usually di!est
rights that ha!e already become !ested or impairs he
obligations of contract and hence is unconstitutional$
Peo !$ #abinal
Peo ! )acarandang 0 peace officer eempted from issuance
of license of firearms 0 included a secret agent hired by a
go!ernor
Peo$ !$ )apa 0 abandoned doctrine of )acarandang in *+8,
4he present case, #abinal was arraigned while the
)acarandang Doctrine was still pre!ailing, howe!er, the
decision was promulgated when the )apa doctrine was in
place
4he &ourt held that #abinal is ac.uitted using stare decisis
doctrine and retroacti!ity doctrine
Co. v. CA
On 'P ::, &o is ac.uitted in relying on the &ircular issuedH
Pue doctrine, which con!icted Pue under 'P ::, was not
gi!en retroacti!e application
"oa v. Co##ector of C%stoms
Fsed 2us soli (place of birth"
%& fa!ored 2us sanguinis (by blood"
@owe!er, the abandonment of the principle of 2us soli did
not di!est the citiAenship of those who, by !irtue of the
principle before its re2ection, became of were declared
citiAens of the Philippines
en'onan v. CA
IssueD when to count the 73year period to repurchase land
granted &A *9*
)onge ! Angeles (*+7," and 4upas ! Damaso (*+;9" 0 from
the date of con!eyance or foreclosure sale
'elisario !$ IA& (*+;;" 0 from the period after the epiration
of the *3year period of repurchase
4he %& held that the doctrine that should apply is that which
was enunciated in )onge and 4upas because the transactions
in!ol!ed too1 place prior to 'elisario and not that which was
laid down in the latter case which should be applied
prospecti!ely
&ourt may issue guidelines in construing statute
In construing a statute, the enforcement of which may tread
on sensiti!e areas of constitutional rights, the court may
issue guidelines in applying the statute, not to enlarge or
restrict it but to clearly delineate what the law is$
Peo. v. Ferrer
Ghat acts that may be considered liable under the Anti3
%ub!ersion Act
Mora#es v. Enri#e
Rights of a person under custodial in!estigation
"P v. CA( Mo#ina
Kuidelines for ascertaining psychological incapacity of an
erring spouse in a !oid marriage under Art$ -8 /&
LIMITATIONS ON POWER TO CONSTRUE
&ourts may not enlarge nor restrict statutes
&ourts are not authoriAed to insert into the law what they
thin1 should be in it or to supply what they the legislature
would ha!e supplied if its intention had been called to the
omission$
4hey should not by construction, re!ise e!en the most
arbitrary or unfair action of the legislature, nor rewrite the
law to conform to what they thin1 should be the law$
5either should the courts construe statutes which are
perfectly !ague for it !iolates due process
o /ailure to accord persons fair notice of the conduct
to a!oid
o Lea!e law enforcers unbridled discretion in
carrying out its pro!isions
: leading stars on 2udicial construction
o Kood faith
o commonsense
an utterly !ague act on its face cannot be clarified by either a
sa!ing clause or by construction
&ourts not to be influenced by .uestions of wisdom
&ourts do not sit to resol!e the merit of conflicting theories
&ourts do not pass upon .uestion of wisdom, 2ustice or
epediency of legislation, for it(s not within their pro!ince to
super!ise legislation and 1eep it within the bounds of
common sense$
4he court merely interpret regardless of whether or not they
wise or salutary$
CHAPTER THREE: A!"s to Construt!on
IN GENERAL
Kenerally
Ghere the meaning of a statue is ambiguous, the court is
warranted in a!ailing itself of all illegitimate aids to
construction in order that it can ascertain the true intent of
the statute$
4he aids to construction are those found in the printed page
of the statute itselfH 1now as the intrinsic aids, and those
etraneous facts and circumstances outside the printed page,
called e)trinsic aids$
4itle
It is used as an aid, in case of doubt in its language to its
construction and to ascertaining legislati!e will$
If the meaning of the statute is obscure, courts may resort to
the title to clear the obscurity$
4he title may indicate the legislati!e intent to etend or
restrict the scope of law, and a statute couched in a language
of doubtful import will be constructed to conform to the
legislati!e intent as disclosed in its title$
Resorted as an aid where there is doubt as to the meaning of
the law or as to the intention of the legislature in enacting it,
and not otherwise$
%er!e as a guide to ascertaining legislati!e intent carries
more weight in this 2urisdiction because of the constitutional
re.uirement that Be!ery bill shall embrace only one sub2ect
who shall be epressed in the title thereof$
4he constitutional in2unction ma1es the title an indispensable
part of a statute$
ag%io v. Marcos
4he .uestion raised is when to count the 96 yr period to file a
petition for reopening of cadastral proceedings (to settle and
ad2udicate the titles to the !arious lots embraced in the
sur!ey" as authoriAed by RA +-* co!ering the lands that
ha!e been or about to be declared land of public domain, by
!irtue of 2udicial proceedings instituted w=in the 96 years
net preceding the appro!al of this act$
4he .uestion is as1ed if the proceeding be reopened
originally instituted in court April *:, *+*: or 5o!ember :7,
*+::, the counted date form which the decision therein
rendered became final$ Petition was filed on #uly :7, *+8*
4itle of the Law BAn Act to authoriAe the filing in the proper
court under certain conditions of certain claims of title to
parcels of land that ha!e been declared public land, by !irtue
of the appro!al of this act$C
4here was an apparent inconsistency between the title and
body of the law$
It ruled that the starting date to count the period is the date
the final decision was rendered$
It recites that it authoriAes court proceedings of claims to
parcels of land declared public by !irtue of 2udicial decisions
rendered within forty years net preceding the appro!al of
this act$
4hat title written in capital letters by &ongress itselfH such
1ind of title then is not to be classed with words or titles used
by compilers of statues because it is the legislature spea1ing$
Gords by !irtue of 2udicial decisions rendered in the title of
the law stand in e.ual importance to the phrase in %ections *
thereof by !irtue of 2udicial proceedings instituted$
4he court ruled that eamining Act no$ :;,9 in detail was
intended to apply to public lands only for the title of the act,
always indicati!e of legislati!e intent$
5o bill shall embrace more than one sub2ect, which sub2ect
shall be epressed in the title of the bill, the words and for
other purposes( when found in the title ha!e been held to be
without force or effect whatsoe!er and ha!e been altogether
discarded in construing the Act$
Ebar#e v. S%ca#dito
4he issue is raised whether Eecuti!e order no$ :89 entitled
B Outlining the procedure by which complaints charging
go!ernment officials and employees with commission of
irregularities should be guidedC applies to criminal actions,
to the end that no preliminary in!estigation thereof can be
underta1en or information file in court unless there is
pre!ious compliance with the eecuti!e order$
EO only applies to administrati!e and not to criminal
complaints$
4he !ery title spea1s of commission of irregularities$