A2015 Legal Method Finals Reviewer - Molo

LEGAL METHOD
FINALS REVIEWER A2015
SESSION 3
STARE DECISIS, RES JUDICATA, LAW OF THE CASE
STARE DECISIS
Principle: Like cases ought to be decided alike.
A conclusion or judgment reached in one case
should be applied to those that follow if the facts
are substantially the same, even if the parties
may be different.
It is a rule of precedent.
A guarantee that the system, how judges make
their decisions, works in certain manner.
The judgment referred to in this principle is that
of the Supreme Court.
Sir Molos Diagram
This was how Sir Molo depicted the way judges

decide on cases, specifically how they select the
facts. According to him, judges differ in
perceptions as to which facts are
relevant/material and which are not. One judge
may consider the 2 objects the same while
others would not.
Case: Villena v Chavez
FACTS: Petitioners are the residents of the land owned by
the respondents. Respondents aver that the petitioners
failed to pay the agreed monthly equity and as such, they
forfeited their right to reside in the therein. They also said
that the petitioners were residing there without a
contract and merely out of the liberality and tolerance of
the owners. Petitioners answered that they were willing
to pay but the originator refused to accept their payments
without justifiable reasons.
ISSUE: WON the petitioners may lawfully be evicted from
the property based on the contention of the respondents.
HELD: NO. The agreement to pay equity is tantamount to

a contract thus, the rightful action was either to enforce
payment or to rescind the contract. In its reasoning, the
SC cited precedent case in which it ruled that the proper
action for such a case is specific performance or rescission
of the contract there being an actual agreement.
From Agpalo:
The decision of the SC applying or interpreting a
statute is controlling with respect to the interpretation of
that statute and is of greater weight than that of an
executive or administrative officer in the construction of
other statutes of similar import.
Past decisions of the court must be followed in the
adjudication of cases: Stare decisis et non quieta movere,
one should follow past precedents and should not disturb
what has been settled.
Where the court resolved a question merely sub
silencio, its decision does not come within the maxim of
stare decisis
Nor does an opinion expressed by the way, not up to
the point in the issue, fall within the maxim; it is merely
an obiter dictum
The rule of stare decisis is not absolute. If found
contrary to law, it must be abandoned.
RES JUDICATA
Cases judicially determined are conclusively
settled by judgment and may not be litigated in a
subsequent action between the substantially
identical parties, regardless of the form it may
take.
Substantially identical:
Cause of Action
Law
Right
Damage
Parties
Facts
Case: Veloso v CA
FACTS: Petitioners and respondents are relatives fighting
over a land inherited from their great grandmother. The
title of the land was previously granted to the
LEGAL METHOD Reviewer | Prof. John Molo | A2015

Karren Mae De Chavez, Amirah Pealber, Pauline Marie Gairanod, Micaela Pea, Cielo Marjorie Goo, Kristine
Mae Manalo
respondents. Petitioner sought to take the land back and

filed this petition.
ISSUE: WON the case may still be decided.
HELD: NO. The new case filed by the petitioner is barred

by res judicata since the previous and the current case
involves identical facts, issues and parties.
LAW OF THE CASE
A previous holding by a higher court is prevailing
over the particular case.
When an appellate court decides on the case and
it is remanded to lower courts, the decision of
the former is binding upon the latter.
Case: Agustin v. CA
FACTS: Petitioner defaulted in his payment of the loan.
The chattel mortgage over the truck was foreclosed. The
creditor filed a petition for further payment of repairs and
costs of obtaining the truck from the petitioner. RTC
dismissed the petition and the creditor filed to the CA. CA
granted the additional fees against the debtor and
remanded the case to RTC to determine the cost. Debtor
is now appealing to the RTC for the additional liability
imposed upon him.
ISSUE: WON the RTC may decide on whether the debtor is

liable for additional fees/expenses
HELD: NO. The CA decision to award additional costs

against the debtor is final (law of the case). RTC may only
determine the amount of additional cost but may not
revise the CA decision.
SESSION 4
PARTS OF A DECISION
Ponente - Justice writing the majority opinion
Syllabus Not a part of the actual decision;
provides the summary of the discussion in topical
order.
According to the case of Velarde v Social Justice
Society, the parts of the case are:
Statement of the Case legal definition
of the nature of the action; describes
the specific charge and the plea of the
accused; It also includes a short
description of the proceedings
Includes: Case number, Court

of origin, whether on appeal or
for certiorari
Statement of Facts
Objective or Reportorial
Method the judge
summarizes facts, testimonies
and exhibits without including
his comments
CRIMINAL CASES
Synthesis Method both sides
of the petition are summarized
according to the judges best
light
CIVIL CASES
Subjective Method the facts
accepted by the judge are
simply narrated without
explaining what the parties
versions are
Combination of Objective and
Subjective both sides are
reported and the judge
formulates his own accepted
version of the facts
ISSUES or ASSIGNMENT OF ERRORS
both factual and legal issues should be
stated; additional issues may also be
raised if substantial to the decision
COURT RULING full discussion of the
issues raised; ideally, each issue should
be discussed separately
DISPOSITIVE PORTION statement of
the findings of innocence or guilt, the
specific fault or crime committed,
penalty imposed, modifying
circumstances; This is where the court
states whether the petition is granted,
denied or dismissed.
4 Cs - CLEAR, CONCISE,
COMPLETE AND CORRECT
Test of COMPLETENESS
Parties should know
come to know their
rights
How to execute the
decision
No need for another
proceeding to dispose
of the issues

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Should be terminated
according to proper
relief
Obiter Dictum An opinion expressed by a court
upon some question of law which is not
necessary to the decision of the case before it. It
is a remark, by the way; it is not binding as a
precedent. (Agpalo)
Separate Opinions (Concurring and Dissenting)
Opinions written by the other justices of the
court which deviates partly or wholly from the
majority opinion. They may serve as guide in
deciding future cases.
SESSION 5
TESTING, TESTING
Testing done when a law is measured against a

right.
Political Question - A question, the determination
of which a prerogative of the legislative or
executive branch of the government, so as not
be appropriate for judicial inquiry or
adjudication. It involves the exercise of discretion
by the executive or the legislative branch thereby
pertaining to its wisdom which the judiciary may
not validly examine or look into.
Rational Basis Test

concerns constitutional issues on due
process and equal protection
lowest level of scrutiny
tests whether a government action employs
reasonable means to an end that may be
legitimately pursued by government
government action must be RATIONALLY
RELATED to a LEGITIMATE government
interest
Compelling State interest test (Sherbert test from the

case of Sherbert v Vener)
Compelling state interest
Narrowly tailored to achieve interest
Must be least restrictive means employed
Free exercise to be able to exercise rights without

discrimination based on religion, race, etc.
Free speech to be able to say or write anything or to

not do as you wish; freedom from compulsion to do
(non-verbal speech) or say what you do not want to.
1. GOBITIS TEST
(from the case of Minersville School v Gobitis)
FACTS: Minor plaintiffs were prevented from attending
school because of their refusal to salute the national flag.
The children Jehovahs Witnesses and were raised to
believe that to salute the national flag was forbidden by
command of scripture.
HELD: SC ruled that religious freedom was not infringed
when the school required that students salute and
respect the flag.
TEST:
1.
2.
General Application that the law was not

directed against doctrinal loyalties of particular
sects
Does not discriminate nor advance any religion
2. BARNETTE TEST
(from the case of West Virginia State v Barnette)
FACTS: The Board of Education required that teachers and
pupils salute and honor the nation represented by the flag
AND that refusal is considered insubordination which shall
be dealt with expulsion.
HELD: Free Speech cannot be subordinated by the State
Interest.
3. BRANDENBURG TEST
- where such advocacy is directed to inciting or producing
imminent lawless action, it may be regulated by the State.
4. MORSE TEST (School Speech Test)
in this case, the Court held that First Amendment Right
(to free speech) does not apply to school
1. Materially disruptive speech
2. The speech is against school interest
Brought to you by: Kaye De Chavez
SESSION 6
FOUNDATIONS OF OUR LEGAL SYSTEM
Tripartite system of Government

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o
o
Three branches of government, co-equals

and co-extensive.
Created for protection against abuse
Power to Construe
o AGPALO: A condition sine qua non before
the court may construe or interpret a
statute, is that there be doubt or ambiguity
in its language. The province of construction
lies wholly within the domain of ambiguity.
Where there is no ambiguity in the words of
a statute, there is no room for construction.
A statute is ambiguous when it is
capable of being understood by
reasonably well-informed persons
in either of two senses.
Where the law is free from
ambiguity, the court may not
introduce exceptions or conditions
where none is provided.
A meaning that does not appear
nor is intended or reflected in the
very language of the statute cannot
be placed therein be construction.
Where the two statutes that apply
to a particular case, that which was
specifically designed for the said
case must prevail over the other.
When the SC has 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 cases where the facts are
substantially the same.
Judicial rulings have no retroactive
effect.
The court may issue guidelines in
applying the statute, not to enlarge
or restrict it but to clearly delineate
what the law requires. This is not
judicial legislation but an act to
define what the law is.
Limitations to Construction
o Court may not construe when there is no
ambiguity
o Courts may not enlarge nor restrict statutes.
o Courts may not be influenced by questions
of wisdom.
CASES:
Endencia v David
Pastor M. Endencia and Fernando Jugo, plaintiffs and
appellees vs. Saturnino David, defendant and appellant
FACTS:
The Court of First Instance of Manila declared

section 13 of R.A. 590, which states in part that no
salary wherever received by any public officer of the
Republic of the Philippines shall be considered exempt
from the income tax, as unconstitutional and ordered
appellant Saturnino David, Collector of Internal Revenue,
to refund certain sums of money representing the income
tax collected from the salaries of plaintiffs and appellees
Justice Pastor M. Endencia and Justice Fernando Jugo.
ISSUE: WON Republic Act No. 590, particularly section 13,
can justify and legalize the collection of income tax on the
salary of judicial officers.
HELD/RATIO: YES.(a) The Constitution is the fundamental
law. When there is a conflict between the Constitution
and a law, the law will have to give way and has to be
declared invalid and unconstitutional.
(b) The duty to interpret the law rests on the judiciary and
not on the legislative branch of the government
(separation of powers). The legislature only has the power
to make and enact laws. Through section 13 of R.A. 590,
Congress says that payment of income tax is not to be
treated as a diminution of the salaries of justices, which is
a clear example of interpretation.
(c) Considering the practical side of the case, the Court
believes that that the collection of income tax on a salary
is an actual and evident diminution thereof. When
computed, the official does not actually receive his salary
in full.
(d) The exemption of judicial officers from paying taxes on
their salaries promotes the independence of the Judiciary.
Decision: The decision appealed from is affirmed.
Angara v Electoral Commission
Jose A. Angara, petitioner, vs. The Electoral Commission,
Pedro Ynsua, Miguel Castillo and Dionision C. Mayor,
respondents
FACTS: On December 9, The Electoral Commission2,
stated Petitioner Angara, filed for the issuance of a writ of
prohibition to prohibit the Electoral Commission from
recognizing the motion of protest filed by Pedro Ynsua,
his election rival.
On October 7, 1935, The provincial board
proclaimed Angara winner afterwhich he took his oath on
November 15. By December 3, Resolution No. 8 of the
National Assembly confirmed his election. However, on
December 8, Ynsua filed his motion of protest.
On December 9, the Electoral Commission decided that
December 9, 1935 would be the last day for the

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presentation of protests against the election of any

member of the National Assembly Angara argued that he
was already confirmed as a member of the National
Assembly through the Resolution No. 8 therefore filing of
protest ended upon the resolutions proclamation. Ynsau
was therefore late in filing for protest. Ynsua argues that
there was no constitutional or legal provision which
stated that members of the national assembly could not
be contested after confirmation via Resolution No. 8.
After Electoral Commission denies Angaras petition to
dismiss the protest, Angara petitions to the Supreme
court to review the jurisdiction of the Electoral
Commission.
ISSUE:
A. WON the Supreme Coart has jurisdiction over the
Electoral Commission and the subject matter of the
controversy. (Issue A is the focus of Molo discussion on
Power to Construe Limitations)
B. WON the Electoral Commission acted without or in
excess of jurisdiction in accepting protests despite the
proclamation of elected officials by the National Assembly
HELD AND RATIO:
A. Yes, The Electoral Commission is under the jurisdiction
of the Electoral Commission. Despite clear separation of
powers between the legislative (where the Electoral
Commission is located), the executive, and the judiciary,
check and balances exist to maintain coordination
between all. In cases of controversy, the judicial
department is the only constitutional organ which can be
called upon to determine proper allocation of powers
between several departments through judicial
supremacy.
B. Yes, the Electoral Commission had jurisdiction. The
National Assembly created the Electoral Commission to
be an INDEPENDENT, QUASI- JUDICIAL BODY of powers
specific to election concerns. Regulation of Rules and
protests if election related are within their jurisdiction
regardless of proclamations made by the National
Assembly.
Separation of Powers:
Hamdan v Rumsfeld
Facts of the Case:
Salim Ahmed Hamdan, Osama bin Laden's
former chauffeur, was captured by Afghani forces and
imprisoned by the U.S. military in Guantanamo Bay. He

filed a petition for a writ of habeas corpus in federal
district court to challenge his detention. Before the
district court ruled on the petition, he received a hearing
from a military tribunal, which designated him an enemy
combatant.
A few months later, the district court granted Hamdan's
habeas petition, ruling that he must first be given a
hearing to determine whether he was a prisoner of war
under the Geneva Convention before he could be tried by
a military commission. The Circuit Court of Appeals for
the District of Columbia reversed the decision, however,
finding that the Geneva Convention could not be enforced
in federal court and that the establishment of military
tribunals had been authorized by Congress and was
therefore not unconstitutional.
Question:
May the rights protected by the Geneva Convention be
enforced in federal court through habeas corpus
petitions? Was the military commission established to try
Hamdan and others for alleged war crimes in the War on
Terror authorized by the Congress or the inherent powers
of the President?
Conclusion:
Yes and no. The Supreme Court, in a 5-to-3
decision authored by Justice John Paul Stevens, held that
neither an act of Congress nor the inherent powers of the
Executive laid out in the Constitution expressly authorized
the sort of military commission at issue in this case.
Absent that express authorization, the commission had to
comply with the ordinary laws of the United States and
the laws of war. The Geneva Convention, as a part of the
ordinary laws of war, could therefore be enforced by the
Supreme Court, along with the statutory Uniform Code of
Military Justice. Hamdan's exclusion from certain parts of
his trial deemed classified by the military commission
violated both of these, and the trial was therefore illegal.
Justices Scalia, Thomas, and Alito dissented. Chief Justice
John Roberts, who participated in the case while serving
on the DC Circuit Court of Appeals, did not take part in the
decision.
Boumediene v Bush
Facts of the Case:
In 2002 Lakhdar Boumediene and five other
Algerian natives were seized by Bosnian police when U.S.
intelligence officers suspected their involvement in a plot
to attack the U.S. embassy there. The U.S. government
classified the men as enemy combatants in the war on

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terror and detained them at the Guantanamo Bay Naval

Base, which is located on land that the U.S. leases from
Cuba. Boumediene filed a petition for a writ of habeas
corpus, alleging violations of the Constitution's Due
Process Clause, various statutes and treaties, the common
law, and international law.
The District Court judge granted the
government's motion to have all of the claims dismissed
on the ground that Boumediene, as an alien detained at
an overseas military base, had no right to a habeas
petition. The U.S. Court of Appeals for the D.C. Circuit
affirmed the dismissal but the Supreme Court reversed
in Rasul v. Bush, which held that the habeas statute
extends to non-citizen detainees at Guantanamo.
In 2006, Congress passed the Military
Commissions Act of 2006 (MCA). The Act eliminates
federal courts' jurisdiction to hear habeas applications
from detainees who have been designated (according to
procedures established in the Detainee Treatment Act of
2005) as enemy combatants. When the case was
appealed to the D.C. Circuit for the second time, the
detainees argued that the MCA did not apply to their
petitions, and that if it did, it was unconstitutional under
the Suspension Clause. The Suspension Clause reads: "The
Privilege of the Writ of Habeas Corpus shall not be
suspended, unless when in Cases of Rebellion or Invasion
the public Safety may require it."
The D.C. Circuit ruled in favor of the government
on both points. It cited language in the MCA applying the
law to "all cases, without exception" that pertain to
aspects of detention. One of the purposes of the MCA,
according to the Circuit Court, was to overrule the
Supreme Court's opinion in Hamdan v. Rumsfeld, which
had allowed petitions like Boumediene's to go forward.
The D.C. Circuit held that the Suspension Clause only
protects the writ of habeas corpus as it existed in 1789,
and that the writ would not have been understood in
1789 to apply to an overseas military base leased from a
foreign government. Constitutional rights do not apply to
aliens outside of the United States, the court held, and
the leased military base in Cuba does not qualify as inside
the geographic borders of the U.S. In a rare reversal, the
Supreme Court granted certiorari after initially denying
review three months earlier.
Question:
1. Should the Military Commissions Act of 2006 be
interpreted to strip federal courts of jurisdiction
over habeas petitions filed by foreign citizens
detained at the U.S. Naval Base at Guantanamo
Bay, Cuba?
2.
3.
4.
If so, is the Military Commissions Act of 2006 a

violation of the Suspension Clause of the
Constitution?
Are the detainees at Guantanamo Bay entitled to
the protection of the Fifth Amendment right not
to be deprived of liberty without due process of
law and of the Geneva Conventions?
Can the detainees challenge the adequacy of
judicial review provisions of the MCA before they
have sought to invoke that review?
Conclusion:
A five-justice majority answered yes to each of
these questions. The opinion, written by Justice Anthony
Kennedy, stated that if the MCA is considered valid its
legislative history requires that the detainees' cases be
dismissed. However, the Court went on to state that
because the procedures laid out in the Detainee
Treatment Act are not adequate substitutes for the
habeas writ, the MCA operates as an unconstitutional
suspension of that writ. The detainees were not barred
from seeking habeas or invoking the Suspension Clause
merely because they had been designated as enemy
combatants or held at Guantanamo Bay. The Court
reversed the D.C. Circuit's ruling and found in favor of the
detainees. Justice David H. Souter concurred in the
judgment. Chief Justice John G. Roberts and Justice
Antonin Scalia filed separate dissenting opinions.
Youngstown vs. Sawyer

Facts of the Case:
In April of 1952, during the Korean War,
President Truman issued an executive order directing
Secretary of Commerce Charles Sawyer to seize and
operate most of the nation's steel mills. This was done in
order to avert the expected effects of a strike by the
United Steelworkers of America.
Question:
Did the President have the constitutional authority to
seize and operate the steel mills?
Conclusion:
In a 6-to-3 decision, the Court held that the
President did not have the authority to issue such an
order. The Court found that there was no congressional
statute that authorized the President to take possession
of private property. The Court also held that the
President's military power as Commander in Chief of the
Armed Forces did not extend to labor disputes. The Court
argued that "the President's power to see that the laws

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are faithfully executed refutes the idea that he is to be a

lawmaker.
SESSION 7
PRESUMPTION OF CONSTITUTIONALITY
Presumption of Constitutionality
o All laws are presumed valid and
constitutional unless clear proof is
presented to the contrary stems
from the presumption of regularity of
the functions performed by the
legislature
When Laws take effect
o 15 days after publication in 2
newspapers of general circulation or in
the official gazette
o Administrative agencies also need to file
3 copies with the UP law center
Repeal - Laws are presumed to be valid until repealed
(express, implied, sunset provision.) Repeal will result in
revocation of legal effect and existence of law.
Computation of time time span in days count calendar
days not working days
o A week 7 consecutive days, A day 24
hours, a year 365 days
CASES:
Morfe v Mutuc (c/o Roe Anuncios digest)
Facts:
The Congress enacted the Anti-Graft and Corrupt
Practices Act which aimed to prevent public officials and
employees from committing acts of dishonesty and foster
morality in public service.
The Act provides for certain procedures in the
pursuit of its goal, one of which is the declaration of the
officials or employees assets and liabilities through a
true detailed and sworn statement upon assumption of
office and within the month of January of every other
year thereafter.
Herein petitioner, as a government official, filed
a petition challenging the constitutionality of the said
provision. The lower court ruled in favor of the petitioner,
declaring the provision unconstitutional.
Herein defendant appealed.
Arguments:
Plaintiff: The provision as a requirement is oppressive and
unconstitutional.
Corruption among officials and employees is

presumed and cannot be trusted to desist
from committing corrupt practices.
Defendant: Upon assumption of public office and until
such time as he continues to discharge
public trust, a government official is
deemed to have voluntarily assumed the
obligation to give the information about his
personal affair. The public life of an
employee cannot be segregated from his
private life.
Issues:
WON the periodical submission within the month of
January of every other year thereafter of sworn
statements of assets and liabilities of an official or
employee violates due process being an oppressive
exercise of police power;
WON this requirement unlawfully invades the
constitutional right to privacy, unreasonable searches and
seizure, and prohibition against self-incrimination
Ruling/Ratio:
The provision is CONSTITUTIONAL. The decision of the
lower court is thus reversed.
Statutes enjoy the presumption of validity.
The required periodical submission does not
violate due process as it is not an oppressive exercise of
police power.
Due process is freedom from arbitrariness.
To prevent a public office inherently decorated
with the temptations to heed the call of greed and avarice
from abuse is not arbitrariness.
Police power is the power to promote general welfare
and public interest, in the course of which a curtailment
of liberty is entailed.
In this case, the police power is to promote
morality in public service. Curtailment of liberty is
allowable in view of this end, and for as long as due
process is observed (investigation, hearings, etc.)
Ermita-Malate Hotel Case: The permissible scope
of regulatory measure is wider when the liberty
curtailed affects the right to property, rather
than freedom of mind and of person.
*
Right to privacy, freedom from unreasonable searches
and seizure, and prohibition against self-incrimination are
not invaded.
*Right to privacy

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Rational Relationship: the end sought and the

means employed have rational relationship.
Right to privacy is NOT unconstitutionally
intruded upon.
*Right to be free from unreasonable searches
and seizure
Every man is under obligation to give
testimonyonly under judicial sanctions.
*Prohibition from self-incrimination
No constitutional provision shall protect a mans
conduct from judicial inquiry, or aid him in
fleeing from justice.
An insult to the personal integrity and official
dignity of public officials? THIS IS AN INQUIRY
INTO THE WISDOM OF THE LAW, which the Court
is not in the position to decide.
Tanada v Tuvera
Facts:
Invoking the people's right to be informed on
matters of public concern, a right recognized in the
Constitution, as well as the principle that laws to be valid
and enforceable must be published in the OG or
otherwise effectively promulgated, petitioners seek a writ
of mandamus to compel respondent public officials to
publish, and/or cause the publication in the Official
Gazette of various PDs, LOIs, general orders,
proclamations, EOs, letters of implementation and
administrative orders.
Respondents contend, among others that
publication in the OG is not a sine qua non requirement
for the effectivity of laws where the laws themselves
provide for their own effectivity dates. It is thus
submitted that since the presidential issuances in
question contain special provisions as to the date they are
to take effect, publication in the OG is indispensable for
their effectivity.
Issue:
Whether publication is still required in light of the clause
unless otherwise provided
Ruling:
1. The clause unless it is otherwise provided in Article 2
of the Civil Code, refers to the
date of effectivity and not to the requirement of
publication itself, which cannot in any event be
omitted.
2. This clause does not mean that the legislature may
make the law effective immediately
upon approval, or on any other date, without its previous

publication. The legislature may in its
discretion provide that the usual fifteen-day period shall
be shortened or extended.
3. Publication requirements applies to (1) all statutes,
including those of local application and private laws; (2)
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 directly
conferred by the Constitution; (3) Administrative rules
and regulations for the purpose of
enforcing or implementing existing law pursuant also to a
valid delegation; (4) Charter of a city
notwithstanding that it applies to only a portion of the
national territory and directly affects only
the inhabitants of that place; (5) Monetary Board circulars
to ill in the details of the Central
Bank Act which that body is supposed to enforce.. The
publication of all presidential issuances "of a public
nature" or "of general applicability" is mandated by law.
The clear object of the law is to give the general public
adequate notice of the various laws w/c are to regulate
their actions and conduct as citizens.
1. Further, 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.
Rationale:
1. Without such notice and publication, there would be
no basis for the application of the maxim "ignorantia
legis non excusat." It would be the height of injustice
to punish or otherwise burden a citizen for the
transgression of a law of w/c he had no notice
whatsoever, not even a constructive one. It is
needless to say that the publication of presidential
issuances "of a public nature" or "of general
applicability" is a requirement of due process. It is a
rule of law that before a person may be bound by law,
he must first be officially and specifically informed of
its contents.
The Supreme Court declared that all laws as above
defined shall immediately upon their approval, or as soon
thereafter as possible, be published in full in the Official
Gazette, to become effective only after 15 days from their
publication, or on another date specified by the
legislature, in accordance with Article 2 of the Civil Code.
Philippine National Bank vs. Court of Appeals

(c/o Vina Villarroyas digest)

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Relevant law: The notices of sale on extra-judicial

foreclosure of real estate mortgage are required to be
posted for not less than twenty days in at least three
public places of the municipality or city where the
property is situated, and if such property is worth more
than four hundred pesos, such notices shall also be
published once a week for at least three consecutive
weeks in a newspaper of general circulation in the
municipality or city.
- Sec. 3 of R.A. 3135 An Act to Regulate the Sale
of Property Under Special Powers Inserted In or
Annexed to Real Estate Mortgages
Facts:
1.
2.
3.
4.
5.
6.
7.
8.
Two lots located in Bulacan were mortgaged to

PNB. These lots were under the common names
of Epifanio dela Cruz, his brother Delfin, and his
sister Maria.
The lots were mortgaged to guarantee the ff.
promissory notes:
a. a promissory note for P12, 000, dated
September 2, 1958, and payable within
69 days (date of maturity Nov. 10,
1958)
b. a promissory note for P4, 000, dated
September 22, 1958, and payable within
49 days (date of maturity Nov. 10,
1958)
c. a promissory note for P4, 000, dated
June 30, 1958 and payable within 120
days (date of maturity Nov. 10, 1958)
On September 6, 1961, PNB presented a
foreclosure petition of the two lots before the
Sheriffs Office at Bulacan.
The lots were sold with PNB as the highest
bidder.
A certificate of sale was granted to them, and a
final deed of sale was then registered in the
Bulacan Registry of Property.
Years later, PNB sold the lots to spouses Conrado
de Vera and Marina de Vera.
The original owners of the lots sought
reconveyance of the lots since they claimed that
PNB unlawfully foreclosed it.
CFI (Court of First Instance) dismissed the case
against PNB. However, CA reversed this decision
and declared the auction sale of the foreclosed
pieces of realty, the final deed of sale, and the
consolidation of ownership void inter alia on the
ground that PNB failed to comply with the legal
requirement of publication. (PNB published the
Notices of Sale on March 28, April 11, and April
12, 1969 law states that it must be published

once a week for at least 3 consecutive weeks)
Issue: WON there was valid compliance in regard to the
required publication.
Held: No. Decision of CA is affirmed.
Ratio: According to PNB, there was no breach of the
proviso since after the first publication on March 28, the
second notice was published on April 11 (Friday last day
of the second week), while the third publication on April
12 (Saturday first day of the third week).
Courts response
This rests on the erroneous impression that the
day on which the first publication was made
(March 28) should be excluded pursuant to Par.
3, Art. 13 of CC. (In computing a period, the first
day shall be excluded, and the last day
included.)
Art. 13 is actually silent on the definition of a
week. In Concepcion vs. Zandueta, this term
was interpreted as a period of time consisting of
7 consecutive days.
Hence, the period for the first week should be
reckoned from March 28 to April 3, second week
April 4 to April 10.
Where the word is used simply as a measure of
duration of time and without reference to the
calendar, it means a period of seven
consecutive days without regard to the day of
the week on which it begins.
Brought to you by: Pauline Marie Gairanod
SESSION 8
A CONSTITUTION
Constitution defined:
A constitution is a fundamental law which sets
up a form of government and defines and delimits the
powers thereof and those of its officers, reserving to the
people themselves plenary sovereignty. (Legaspi v.
Ministry of Finance)
Purpose
prescribes the permanent framework of a system
of government

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assigns to the different departments their

respective powers and duties
establishes certain fixed principles on which

government is founded
*The fundamental conception is that it is a supreme law
to which all other laws must conform and in accordance
with which all private rights must be determined and all
public authority administered. (Manila Prince Hotel v.
GSIS)
*OTHER NOTES:
The Constitution only limits government power
but not the Bill of Rights.
It is also possible for the Constitution to retroact.
It informs the people what their rights are.
It is the only document that goes down to the
masses to be explicitly ratified.
RULES OF CONSTRUCTION
Text Matters
Starting point: actual text. Why? Because what
the people ratified is the text itself and not the
interpretation or theory
1.
2.
3.
*Nitafan v. CIR
*Filoteo v. Sandiganbayan
Language
The primary source from which to ascertain
constitutional intent or purpose is the language
of the constitution itself.
The presumption is that the words in which the
constitutional provisions are couched express the
objective sought to be attained. (J.M. Tuason &
Co., Inc v. Land Tenure Administration)
It is the peoples document so the language must
be understood in its most common sense except
in cases where technical terms are employed.
J.M. Tuason & Co., Inc. vs. Land Tenure Administration
Doctrine: The Living Constitution Theory which describes
that the Constitution must be construed as enduring for
ages. It embodies not only rules for the passing hour, but
principles for an expanding future as well. Hence, words
employed therein are not to be construed to yield fixed
and rigid answers. It should be flexible and
accommodative enough to meet adequately whatever
problems the future has in store.
*The textual/originalist approach, is where the text of the
Constitution is interpreted according to the clear and
ordinary meaning of its words. The text itself must first
be ambiguous or vague before construction is to be
applied.
SESSION 9
10
Determine whether or not the text is clear and

whether or not there is sufficient ambiguity.
Look at the historical background.
Interpret to give life to the Constitutions intent.
The intent of the framers however, is just a piece
of evidence. It is not the end goal.
POLITICAL QUESTION DOCTRINE is determined
by finding out whether or not there is a textually
demonstrable commitment by the Constitution
to the other branches of government. It is a
political question if the Constitution itself
mandates that branch or instrumentality to do
something or vests a specific power upon that
branch.
Sarmiento vs. Mison

Held: The president acted with her constitutional
authority and power in the appointment of Salvador
Mison as the Commissioner of Bureau of Customs.
Submission to CA for confirmation is not required because
Mison falls under the last group (only the 1st group of
appointees requires confirmation). He is thus entitled to
exercise the full authority and functions of the office and
to receive all the salaries and emoluments pertaining
thereto.
The clear and express intent of the framers of the 1987
Constitution was to EXCLUDE presidential appointments
from confirmation by the CA except appointments of
officers expressly mentioned in the first sentence of Sec
16 Art VII of the Constitution.
IBP vs. Zamora

Held: The president has already determined the necessity
and factual basis for calling the armed forces. Considering
all these facts, we hold that the president has sufficient
factual basis to call for military aid in law enforcement
and in the exercise of constitutional power.
This Court is not inclined to overrule the presidents
determination of the factual basis for the calling of the
mArines to prevent or suppose lawless violence.
Marcelino vs. Cruz

Mae Manalo
Facts: Petitioner claims that the three-month period

prescribed by section 11 (1) of art X of the 1973
constitution being a constitutional directive, is
MANDATORY in character and that non observance
thereof results in the loss of jurisdiction of the court over
the unresolved case
Held: In this case, the statute under examination was
construed merely to be directory. It was ruled that the
legal distinction between directory and mandatory laws is
applicable to fundamental as it is to statutory laws. This
court had at various times, upon proper application and
for meritorious reasons, allowed judges of inferior courts
additional time beyond the 3-month period w/in w/c to
decide cases submitted to them. The reason is that a
departure from said provision would result in less injury
to the general public than would its strict application.
An absurd situation could not have been
intended by the framers of our fundamental lawto hold
that non compliance by the courts w/ the aforesaid
provision would result in loss of jurisdiction, would make
the courts, through which conflicts are resolved, the very
instruments to foster unresolved causes by reason merely
of having failed to render a decision w/In the allotted
time.
Legaspi vs. Minister of Finance

Facts: Petitioner maintains that AMENDMENT NO 6 is
inoperable. Deleted and/ or repealed by the amendments
of April 7, 1981. After April 7 there no longer exists a
president (prime minister) but a president and a prime
minister. Two different offices cannot be handled by one
person
Held: Constitution of 1973 has not been in anyway
altered or modified much less repealed by constitutional
amendments of 1981. Court held that petitioner is
laboring under a misconception of facts and of the
principles of constitutional construction.
1) Constitutional law is not simply the literal
application of the words of the charter. The
ancient and familiar rule of constitutional
construction that has consistently
maintained its intrinsic and transcendental
worth is that the meaning and
understanding conveyed by the language of
any of its provisions do not only portray the
influence of current events and
developments but likewise the inescapable
imperative considerations rooted in
historical background and environment at
the time of the adoption and thereby caused
their being written
2) The BP referred to here is still the interim
BP- it follows that its legislative authority
11
cannot be more exclusive now after the

1981 amendments than when it was
originally created in 1976
3) Power that Amendment no 6 vests upon the
President (PM) are to be exercised only on
two specified occasions a) when in grave
emergency (in pres judgment) or threat is
existing and b) whenever the interim BP pr
the regular NA fails to or is unable to act
adequately on any matter for any reason
that in his judgment requires immediate
action----therefore, it is a power that is in its
nature of the other powers w/c the
constitution directly confers upon the pres
or allows to be delegated to him by the
Batasan in times of crises and emergencies
4) The power conferred upon the pres thereby
was not for Marcos alone but for whoever
might be President in the future
Policy Matters & Self-Executing Provisions

State policies, in general, are not self-executory.
They require government action to enforce
them. (e.g. Article II, Section 10 & 13 of Article XII
as decided in the case of Tanada v.Angara)
These policies are to be used by the judiciary as
aids and guides in the exercise of judicial review
and by the legislative in enacting laws.
It is not a cause of action but a justification
*Oposa v. Factoran is an exceptional case because here
the Court ruled that there is an enforceable action for
violation of Section 16, Article II or the right to a balanced
and healthful ecology.
SESSION 10
STATUTORY CONSTRUCTION
Definition and Concept
Construction is the art or process of discovering
and expounding the meaning and intention of
the authors of the law, where that intention is
rendered doubtful by reason of the ambiguity in
its language or of the fact that the given case is
not explicitly provided for by law. (Caltex, Inc. V.
Palomar)
Interpretation is the art of finding the true
meaning and sense of any form of words, while
construction is the process of drawing
warranted conclusions not always included in

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direct expressions, or determining the

application of words to facts in litigation.
In practice or common usage, interpretation and
construction are understood as having the same
signification.
Purpose or Object of Construction

To ascertain, and give effect to, the intent of the
law
All rules of construction or interpretation have
for their sole object the ascertainment of the
true intent of the legislature.
The true object of all interpretation is to
ascertain the meaning and will of the lawmaking body, to the end that it may be
enforced.
Held: EO only applies to administrative, not criminal

complaints.
Title speaks of commissions of irregularities,
NO MENTION of criminal offenses or crimes
while crimes amount to irregularities, the EO
could have very well referred to the more specific
term if it intended to make itself applicable thereto: as
well as use technical terms more applicable to criminal
offenses such as accused, convicted or acquitted
3.
Brought to you by: Amirah Pealber
AIDS TO CONSTRUCTION
A. In General
1. Concept: where the meaning of a statute is
ambiguous, courts avail of legitimate aids to
construction to ascertain the true intent of a
statute.
2.
Title
Serves as aid in its language
May indicate the legislative intent/will to
extend or restrict the scope of the law
c. Carries more weight in this jurisdiction because
of the presence of the constitutional
requirement that every bill shall embrace only
one subject which shall be expressed in the title
thereof
d. When NOT TO USE: When text of the statute is
clear and free from doubt
i. Title may be used to remove BUT NOT
CREATE doubt or uncertainty
a.
b.
CASE
Ebarle v. Sucaldito
Issue: whether EO 264 entitled Outlining the
procedure by which complaints charging government
officials and employees which commission of
irregularities should be guided applies to criminal
actions, to the end that no preliminary investigation
thereof can be undertaken or information filed in
court unless there is previous compliance with said EO.
12
Preamble
Part of the statute written immediately after its
title which states the purpose, reason or
justification for the enactment of the law
b. The WHEREAS clauses
c. Generally omitted in statutes passed by
Philippine Commission, the Philippine
Legislature, the National Assembly, the
Congress of the Philippines, and the Batasang
Pambansa
i. Instead: they used explanatory notes
d. Used extensively in PDs
e. Preamble is not an essential part of a statute
i. Where the meaning of a statute is CLEAR
and UNAMBIGUOUS, the preamble can
neither expand nor restrict its operation
ii. Neither can it be used for giving a statute an
unapparent meaning
f. However, it may be resorted to clarify ambiguity
i. It is referred to as the key of the statute: to
open the minds of the lawmakers as to the
purpose to be achieved by the statute
g. Sets out intent and thus, may restrict what
otherwise appears to be a broad scope of a law
h. May express the legislative intent to make a law
apply retroactively
a.
CASE
People vs. Purisima
Person was charged with violation of PD 9, which
penalizes the carrying outside of ones resident, any
bladed, blunt or pointed weapon not used as a necessary
tool or implement for livelihood
Issue: whether the carrying of such weapon should be in
furtherance of, or in relation to, subversion, rebellion,
insurrection, lawless violence, criminality, chaos or public
disorder, as a necessary element of the crime.
Held: Although there was no express mention of
motivation as an element of the crime, pursuant to the

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preamble which spelled out the events that led to the

enactment of the decree namely the state of martial law
in the country (subversion, rebellion, etc were committed
through firearms, explosives and other deadly weapons),
the clear intent and spirit of the decree is to require the
motivation mentioned in the preamble as an
indispensable element of the crime.
a.
b.
8.
9.
6.
7.
Punctuation marks
a. Semi-colon: indicates separation in the
relation of the thought, a degree greater
than that expressed by a comma
i. What follows a semi-colon must have
a relation to the same matter which
precedes it
b. Comma and semi colon both divide
sentences and part sentences: do not
introduce new ideas
c. Period indicates the end of a sentence
d. Rule in using punctuation marks in
statcon: not controlling over intelligible
meaning of written words
i. Only to used when the latter is
ambiguous
ii. Argument based upon punctuation
alone is not persuasive
Capitalization of Letters
a. Considered an aid of low degree in
statcon
b. Example:
i. Case where it was contended that
employees in the unclassified service of
the government are not entitled to
security of tenure guaranteed by the
Constitution because of the use of the
capital letters in the words Civil
Service and civil service in the Civil
Service Act indicate that only those
pertaining to classified service are
protected by the constitutional
provision
ii. COURT HELD that there was no
difference
Lingual Text
Philippine laws are officially promulgated in
English, Spanish or Filipino or either in 2 such
languages
b. Language in which it is written prevails over its
transaction
i. RPC originally in Spanish so Spanish over
English text
c. Admin Code though: English text shall control
unless otherwise specially provided
a.
4. Context of whole text

a. Best source from which to ascertain the
legislative intent is the statute itself: take words,
phrases, sentences, section as a whole and in
relation to one another
b. It may circumscribe the meaning of a statute:
may give a word/phrase a meaning different
from its usual or ordinary significance
5.
Sections of a statute which provide a

convenient index to the contents of its
provisions
Not granted much weight, inferences drawn
therefrom are of little value
Intent or spirit of the law

a. Controlling factor, the leading star and guiding
light in application and interpretation
b. IF a statute needs construction, the spirit rather
than the letter determines construction
c. May be discovered aided by its legislative
history
d. If not expressed in some appropriate manner:
the courts cannot speculate or assume intent
in no way expressed in the phraseology of the
law
10. Policy of Law

a. A construction which would carry into effect the
evident policy of the law should be adopted
b. Decent respect for the policy of the law must
save the court from imputing to it a selfdefeating purpose
11. Purpose of law or mischief to be suppressed
a. Purpose or object of the law or the mischief
intended to be removed or suppressed and the
causes which induced the enactment of the law
are important factors to be considered in its
construction
b. More important than grammar and logic
c. However, where a statute lays down a general
rule with certain exceptions thereto, the
purpose of the general rule is not determinative
of the proper construction to be given to the
exceptions.
12. Dictionaries
a. Where a statute does not define the words or
phrases, nor does its purpose or the context,
the courts may consult dictionaries, legal,
scientific or general
Headnotes or epigraphs
13

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b.
c.
Definitions given by lexicographers are not

binding, such definitions are used to support
their conclusion
Generally define words in their natural, plain
and ordinary acceptance and significance
13. Consequences of various construction

a. Look to consequences of one construction over
another
b. The objective should always be to arrive at a
reasonable and sensible interpretation that is in
full accord with legislative intent
B. Legislative History
Concept: where there is ambiguity in language
and susceptible of several interpretations, best
way to ascertain intent is to look at the history of
the statute
a. facts which affected its derivation, validity and
operation
is a manufactured consumer product. Yet, after RA 1197

substituting cocoa beans for chocolate was approved,
Presidential proclamation 62 stipulates that exemption of
cocoa beans shall operate from and after 3 September
1954
Other parts of Congressional records quoted in briefs
would seem to show that approving RA 1197, agreed
therefrom to exempt cocoa beans instead of chocolate
with view to favoring local manufacturers of chocolate
products.
There was a change of legislative policy not merely a
declaration or clarification of previous Congressional
purpose
1.
2. What constitutes legislative history

a. Refers to all its antecedents from its inception
until its enactment into law
b. Presidents message if the bill is enacted in
response thereto, the explanatory note
accompanying the bill, committee reports,
sponsorship speech
Note: The opinions and views expressed by the legislators

during floor deliberations of a bill may not be given
weight at all in any of the following instances: where
there are circumstances indicating a meaning of a statute
other than that expressed by the legislators; where the
views expressed were conflicting; where the intent
deducible from such views is not clear; or where the
statute involved is free from ambiguity.
6. Reports of commissions
a. In codification of laws, commissions are usually
formed to compile and collate all laws on a
particular subject and prepare the draft of the
proposed code
3. Presidents message to legislature

a. Presidents address or message to Congress at
opening of its regular session usually contains
proposed legislative measures
7. Prior laws which statute is based

a. Specially applicable in the interpretation of
codes, revised or compiled statutes, for the
prior laws which have been codified, compiled
or revised will show the legislative history that
will clarify the intent
4. Explanatory Note
a. Short exposition or explanation accompanying a
proposed legislation by its author or proponent
b. Reasons or purpose of the bill
5. Legislative debates, views and deliberations
a. Views of legislators during deliberations of a bill
as to bills purpose, meaning or effect are not
controlling in the interpretation of the law
b. Opinion of one might not be opinion of all
CASE
Song Kiat Chocolate Factory v Central Bank
Main issue is whether cocoa beans may be considered as
chocolate for the purpose of exemption from foreign
exchanged tax imposed by RA 601. Court held that
exemption for chocolate in the above section 2 does
not include cocoa beans one is raw material, the other
14
8. Changes in phraseology by amendments

a. Change in phraseology by amendment indicates
the legislative intent to change the meaning of
the provision from that it originally had
CASE
Francisco v Boiser
Petitioner files for legal redemption of land and RTC
dismisses her petition and contends that based on Art
1623 of the Civil Code, theres no required form of notice
to inform the co-owners about the sale of property to
enable them to exercise their right of redemption. Thus,
the letter sent by respondent is enough notice and
acknowledgment thereof, as shown in the letters of
petitioner to the tenants dated June 8, should be the time
when the 30-day period for redemption began.

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b.
WON the letter is a valid notice as mentioned in Art 1623?
No, notification should come from the vendor, not the
vendee.
c.
The Court argued that Art 1623 clearly requires that the
notification should come from the vendor or prospective
vendor and not from any other person. There is no room
for construction. The difference between art 1623 of the
New CC and Art 1524 of the old CC is that the latter did
not specify who must five notice whereas the former and
the present article expressly says that the notice must be
given by the vendor.
12. Conditions at the time of enactment

a. Statutes do not operate in a vacuum
b. Presumed to have taken into account the
existing conditions of things at the time of its
enactment
c. Must then consider the physical conditions of
the country and circumstances
Where the law has been amended, which requires a

particular course of action different from the law prior to
its amendment, effect must be given to changes in
statutory language
9. Amendment by deletion
a. Indicates that legislature intended to change
the meaning of the statute, for the presumption
is that the legislature would not have made the
deletion had the intention been not to effect a
change in its meaning.
b. Amended statute should accordingly be given a
construction different from that previous to its
amendment
c. EXCEPTION: does not apply when the deleted
words or phrases are surplusage or when the
intention is clear to change the previous
meaning of the old law
13. History of the times

a. Court may look to the history of the times,
examine the state of things existing when the
statute was enacted, and interpret it in light of
the conditions obtaining
b. Law being a manifestation of social culture and
progress must be interpreted taking into
consideration the stage of such culture and
progress including all the concomitant
circumstances.
C. Contemporary Construction
10. Adopted Statutes

a. Foreign statutes which are adopted in this
country or from which local laws are patterned
form part of the legislative history of the latter
b. Court decisions from those countries are given
great weight in interpretation if found to
correspond in fundamental points, at least, with
its application in the country
c. LIMIT: if foreign construction is different in
some material aspects or if it is clearly
erroneous or has not been settled
i. Thus, must always turn to intent of
Philippine legislators why they adopted
certain law
11. Principles of common law
a. Not in force in this country, save only insofar as
it is founded on sound principles applicable to
local condition and is not in conflict with
existing laws
15
Nevertheless, many of the principles of the

common law have been imported into this
jurisdiction as a result of the enactment of laws
and establishment of institutions similar to
Anglo-American jurisprudence
HOWEVER: where there is conflict between
common law and statutory provision, statutory
provision prevails
1. Concept:
a. Constructions placed upon statutes at the time
of, or after, their enactment by the executive,
legislature or judicial authorities, as well as by
those who, because of their involvement in the
process of legislation, are knowledgeable of the
intent and purpose of the law, such as
draftsmen and bill sponsors.
b. Invaluable aid: strongest in the law
2. Executive Construction
a. Construction placed upon a statute by an
executive or administrative officer called upon
to execute or administer such statute
b. Such officials generally are the very first officials
to interpret the law, preparatory to its
enforcement
c. 3 types
i. by an executive or administrative officer
directly called to implement law: express
or implied, circular
ii. by Secretary of Justice in his capacity as
the chief legal adviser of the government:
opinions
1. president may modify, alter or reverse this

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iii. ruling by an executive officer exercising

quasi-judicial power
3. Weight
a. Contemporaneous construction is very probably
the true expression of the legislative purpose,
especially if the construction is followed for a
considerable period of time
b. Weight awarded to particular construction
increases as the period in which it is followed
and observed lengthens and its acceptability
widens
CASE
Nestle Philippines, Inc v CA
Petitioners claim that issuance of additional capital stock
of a corporation sold or distributed by it among its own
stockholder exclusively, where no commission or
remuneration is paid or given directly or indirectly in
connection with the sale or distribution of such increased
capital stock is exempt from registration requirement.
Nestle alleges that that increased capital stock in said
provision should be interpreted as distribution of an
increased authorized capital stock or the issuance of
unissued capital stock.
SEC and CA ruled that the proposed issuance does not fall
in Sec 6 (a) 4 and that this provision is applicable only to
increase in authorized capital stock of a corporation.
Should the SEC definition be upheld? Yes.
The Court stressed the principle of contemporaneous
construction where the construction given to a stature by
an administrative agency charged with interpretation and
application of that statute should be entitled respect and
accorded great weight by the court unless such
construction is in conflict with the governing statute or to
the Constitution.
The rationale for the rule relates not only to the
mergence of the multifarious needs of a modern or
modernizing society and the establishment of diverse
administrative agencies for addressing and satisfying
those needs; it also relates to the accumulation of
experience and growth of specialized capabilities by the
administrative agency charged with implementing a
particular statute. The court stressed that executive
officials are presumed to have familiarized themselves
with all the considerations pertinent to the meaning and
purpose of the law.
16
CASE
Philippine Scout Veterans v NLRC
Petitioner assails that private respondent was not entitled
to retirement pay since there was no company policy
which provided for nor any collective bargaining
agreement granting it. Respondent assails that the labor
code authorize the payment of retirement pay in absence
of provision thereof. RA 7641, an amendment to the labor
code entitling for retirement pay was passed years after
the retirement of private respondent. Court held that
private respondent was not entitled to retirement pay
due to lack of consensual and statutory basis of the grant.
RA 7641 cannot be applied since he retired prior to its
enactment. It is the rule of statutory construction that all
statutes are to be construed as having only a prospective
operation unless the purpose of Legislature to give them
retrospective effect is expressly declared/ necessarily
implied from language used.
D. Statutory Directives
1. RA 6938, sec. 126 (1990): AN ACT TO ORDAIN A
COOPERATIVE CODE OF THE PHILIPPINES
Art. 126. Interpretation and Construction. - In case of
doubt as to the meaning of any provision of this Code
or the regulations issued in pursuance thereof, the
same shall be resolved liberally in favor of the
cooperatives and their members.
2.
RA 8792, sec. 37 (2000); ELECTRONIC

COMMERCE ACT
Section 37. Statutory Interpretation. Unless
otherwise expressly provided for, the interpretation
of this Act shall give due regard to its international
origin and the need to promote uniformity in its
application and the observance of good faith in
international trade relations. The generally accepted
principles of international law and convention and
electronic commerce shall likewise be considered.
3.
RA 9285, secs. 8, 20, 25 (2004); Alternative

Dispute Resolution Act of 2004
SEC. 8. Application and Interpretation. - In applying

construing the provisions of this Chapter, consideration
must be given to the need to promote candor or parties
and mediators through confidentiality of the mediation
process, the policy of fostering prompt, economical, and

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amicable resolution of disputes in accordance with the

principles of integrity of determination by the parties, and
the policy that the decision-making authority in the
mediation process rests with the parties.
a.
SEC. 20. Interpretation of Model Law. - In interpreting

the Model Law, regard shall be had to its international
origin and to the need for uniformity in its interpretation
and resort may be made to the travaux preparatories and
the report of the Secretary General of the United Nations
Commission on International Trade Law dated March 25,
1985 entitled, "International Commercial Arbitration:
Analytical Commentary on Draft Trade identified by
reference number A/CN. 9/264."
SEC. 25. Interpretation of the Act. - In interpreting the
Act, the court shall have due regard to the policy of the
law in favor of arbitration. Where action is commenced by
or against multiple parties, one or more of whom are
parties who are bound by the arbitration agreement
although the civil action may continue as to those who
are not bound by such arbitration agreement.
2.
CASE
Valderama v. NLRC
Saavedra was terminated allegedly due to redindancy but
the Court ruled that it was actually due to pregnancy.
Officers refuse to pay liabilities alleging that the
corporation is solely liable.
WON the decision, after it had become final and
executory, may still be changed to include officers of
COMMODEX among parties liable to Saavedra YES
The rule that once a judgment becomes final and
executor it can no longer be disturbed, altered or
modified is not an inflexible one. It admits of exceptions,
as where the facts and circumstances transpire after a
judgment has become final which render its execution
impossible or unjust.
In such a case, interested party may cause for its
modification to harmonize it with justice and facts.
It is well settled that to get the true intent and meaning of
the decision, no specific portion thereof should be resorted
to but the same must be considered in its entirety.
INTERPRETATION OF WORDS AND PHRASES
A. In General
1. Concept:
17
3.
A word or phrase used in a statute may have

ordinary, generic, restricted, technical, legal,
commercial or trade meaning. It may be
been defined in the statute itself, or may
have previously received a judicial
construction.
b. Legislative definition is given the greatest
weight
c. In the absence of legislative definition, the
general rule is that: they should be given
their plain ordinary, and common usage
meaning; considered in their natural,
ordinary, commonly accepted and most
obvious signification
d. Generalia verba sunt generaliter
intelligenda: what is generally spoken shall
be generally understood or general words
shall be understood in a general sense
e. Generale dictum generaliter est
interpretandum: a general statement is
understood in a general sense
Words with commercial or trade meaning
a. Words and phrases, which are in common
use among merchants and traders, acquire
trade or commercial meanings which are
generally accepted in the community in
which they have been in common use.
Words with technical or legal meaning
a. As a rule, words that have, or have been
used in, a technical sense or those that have
been judicially construed to have a certain
meaning should be interpreted according to
the sense in which they have been
previously used, although the sense may
vary from the strict or literal meaning of the
words.
CASE
Mataguina Integrated Wood Products, Inc vs. CA
Mataguina establishes sole proprietorship and later
incorporates MIWPI. She incurred liability under activities
performed of her sole proprietorship business. Shall the
obligation be transferred onto MIWPI?
RESPONDENTS cite to establish succession of liability:
Sec 61 PD 705: the transferee shall assume all the
obligations of the transferor
But: must look to the spirit of the law and intent of
legislature and not the letter of the law
In construing statues, the terms used therein are
GENERALLY to be given their ordinary meaning i.e. such
meaning ascribed to them when they are commonly used

Mae Manalo
Thus: obligations is contrued to mean obligations

incurred by transferor in the ordinary course of business
not those incurred as a result of transgressions
Also, in the letter approving Mataguinas request for
change of name and transfer of mgt, it states: MIWPI
shall assume the resp of paying whatever pending
liabilities remaining unsettled by MLE with the govt
- This includes: Forestry Charges, Taxes, Fees and similar
accountabilities
Tan v. People
The Forestry Reform Code only prohibits the illegal
possession of timber and other forest products, not
lumber, per se. Petitioner claims that law makes a
distinction between lumber and timber
Should lumber be included in the terms timber and
forest products? YES
Absent express legislative intent, words and phrases in a
statute should be given their plain, ordinary and common
usage meaning.
The Forestry Reform Code does not contain a definition of
either timber or lumber. But it is understood that Lumber
is commonly defined as processed log or timber. And
when the law prohibited the illegal possession of timber,
it did not distinguish whether this should be
raw/processed timber.
To construe sawn lumber as not covered by sawn
timber would defeat the purpose and evident intent of
the law.
CASE
Bernardo v. Bernardo
Section 1 of the Commonwealth Act No. 539. The said act
authorizes the expropriation or purchase of private lands
and that lands acquired thereunder should be subdivided
into lots, for resale at reasonable prices to their bona
fide tenants or occupants.
-One who supposes he has a good title and knows of no

adverse claim
-One who not only honestly supposes himself to be
vested with true title but is ignorant that the title is
contested by any other person claiming a superior right to
it.
The essence of the bona fides or good faith, therefore,
lies in honest belief in the validity of ones right, ignorance
of a superior claim, and absence of intention to overreach
another. The petitioner falls short of this standard.
The intent of the law, in preferring bona fide occupants,
is to protect or sanction such utter disregard of fair
dealing may well be doubted.
Sec 7 of Act 1170 of the Old Philippine Legislature,
employs the terms actual bona fide settlers and
occupants plainly indicating that actual and bona
fide are not synonymous, while the Commonwealth acts
deleted the term actual and solely used the words
bona fide occupants thereby emphasizing that the
prospective beneficiaries of the acts should be endowed
with legitimate tenure.
In carrying out its social readjustment policies, the
government could not simply lay aside moral standards,
and aim to favor usurpers, squatters, and intruders,
unmindful of the lawful or unlawful origin and character
of their occupancy. The term bona fide occupants was
not designed to cloak and protect violence, strategy,
double dealing, or breach of trust.
Malanyaon v Lising
Mayor Pontanal was accused of violating the Anti-Graft
and Corrupt Practices Act. During the pendency of the
case, he was suspended from office. Law states that if said
public officer is convicted by final judgment, he will lose
all retirement/gratuity benefits. If he is acquitted, he will
be entitled to reinstatement to salaries and benefits
which he didnt receive during the suspension period.
During the pendency of the criminal case, he died. The
municipal treasurer disbursed P5000 in favor of the
widow of Mayor Ponantal. Petitioner contends this is
illegal disbursement.
Who shall be given preferential right, the bona fide

occupants (respondents) of the actual occupants
(petitioners)?
Does the dismissal of a case against a suspended officer

amount to an acquittal? No
The term bona fide occupant had been defined in

previous cases as:
Dismissal is not acquittal, as generally understood

-When the law speaks of the suspended officer being
acquitted, it means that after due hearing, the court
18

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finds that the evidence does not show the guilt of the
accused is beyond reasonable doubt.
- An acquittal is based on the merits of the case. But a
dismissal does not decide on the merits of the case or
that the defendant is not guilty. Dismissal terminates the
proceeding either because the court is not of competent
jurisdiction or the offense committed is outside its
jurisdiction or the complaint is not valid.
Brought to you by: Mica Pea
19

Mae Manalo
ASSOCIATED WORDS
In general:
- The meaning of words and phrases in a statute
depends upon what the legislature intended.
- The task of statutory construction primarily
involves ascertaining of legislative intent,
secondarily, construction from extraneous and
relevant circumstances.
- Legislative definition of the word and phrases in
the law itself or previous judicial construction
should also be considered in the interpretation.
1. Noscitur a sociis
Key: construe words based on their usage in the statute
as a whole
Where a particular word or phrase is ambiguous in itself
and is equally susceptible of various meanings, its correct
transaction may be made clear and specific by considering
the company of words which it is associated. (Aisporna
vs. CA)
- (Agpalo) When the law does not define the word,
it is to be construed as having similar meaning to
that of the words associated with or
accompanied by it
- Thus, if in the law, the words associated with the
word in question is construed generally or
technically, the latter will be interpreted similarly
- (Sir Molo) find a unifying element in the statute
and apply that element to the word in question
- The construction is RESTRICTIVE as the
interpretation is ONLY based on the contents of
the statute
Illustration:
Aisporna vs. CA
F: Aisporna (A) is an insurance agent. His wife (W)
solicited an insurance application from a client. W is
accused of violating the insurance law that agents have to
register first before doing acts of an insurance agent (but
without compensation).
H: The word agent must be construed in relation to the
words associated with it in the entire provision. In this
case, para 1 of sec 189 talks about the prohibition against
unregistered persons conducting acts reserved only for
registered agents (the lower court ONLY used this part in
convicting W). Para 3 talks about the penalty. But para 2
defines what an insurance agent is and states that the
20
acts he or she conducted must be for compensation.

Agent must be interpreted in light of this paragraph, thus,
W did not violate this law for she did not accept any
compensation in the solicitation and merely acted to
assist A.
Dai-ichi vs. Villarama

F: Villarama (V) is a former employee of Dai-ichi (D). He
allegedly violated their contract that prohibits him from
working in a similar company in two years after his
resignation. D filed for an action for damages. RTC says it
has no jurisdiction and that case should be handled by the
Labor arbiter as the issue is a claim for money damages
based on Art 217 of the Labor Code.
H: Money damages in Art 217 do not pertain to ALL
money damages employees might claim against
employers (or vice versa). The kind of damages in art 217
only includes those arising from employee-employer
relations. If the entire art 217 is construed, all the actions
arise from employee-employer relations only. Regular
courts have jurisdiction in this case because the action did
not arise from employee-employer relations.
Note: Sir M said the Court the line here is vague and that
there is judicial legislation in this decision. The criteria for
employee-employer relations is subjective.
2. Ejusdem Generis
Key: Enumeration + catch all provision
Where a general word or phrase (i.e. catch-all word)
follows an enumeration of particular and specific words of
the same class, or where the latter follows the former, the
general word or phrase is to be construed to include or to
be restricted to persons, things or cases akin to,
resembling, or of the same kind or class as those
specifically mentioned. (PBA vs. CA)
- (Agpalo) The rationale for this statcon rule is to
give effect to both the particular and the general
words, by treating the particular words as
indicating the class and the general words as
indicating all that is embraced in said class
although not specifically named in the
enumeration.
- Requisites of Ejusdem Generis:
a. The statute contains an ENUMERATION of
particular or specific words, followed by a
general word (e.g. and the like)

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b.
The particular words constitute a class

(there is a discernable relationship among
the words)
c. The enumeration is not exhaustive or is not
merely examples
d. There is no other indication to give the
general word a broader meaning
Corollary, ejusdem generis does not apply if
there is no distinguishable common
characteristic among the words or if the list of
specific words is exhaustive to its class
(Sir Molo) In applying ejusdem, look for the
enumeration and the catch-all phrase
This statcon rule is EXPANSIVE as the phrase in
question covers words even those not found in
the statute itself (remember that noscitur is
restrictive, only in the statute)
Look for the thing or characteristic that ties the
enumeration together, or the relationship
Illustration:
PBA vs. CA
F: PBA is claiming that it should pay a local tax and not a
national tax because basketball is a form of amusement
which is covered by the local government. PBA cites the
local tax code which says that taxes to admission to
theatres, cinematographs, circuses and other places of
amusement should be levied by the local government.
H: Basketball is not included in the general word other
places of amusement. The law shows that all the
particular words enumerated are forms of artistic
entertainment or expression. Basketball is a form of
sports.
Magtajas vs. Pryce
F: Magtajas is claiming that the casino Pagcor wants to
establish in their place is an illegal form of gambling and is
prohibited based on the local government code. He cited
the sec 458 of the LGC which prohibits gambling and
other prohibited games of chance.
H: The Court said that the law only prohibits illegal forms
of gambling. Obviously, the law does not include games
which are not prohibited and in fact permitted by law.
Pagcor is an exception because it is a legal form of
gambling.
3.
Expressio unius est exclusio alterius
21
Key: limited enumeration (no catch-all)

Where a statute, by its terms, is expressly limited to
certain matters, it may not, by interpretation or
construction, be extended to other matters. (Centeno vs.
Villalon)
- (Agpalo) The express mention of one person,
thing or consequence implies the exclusion of all
others.
- One variation is the principle that what is
expressed puts an end to that which is implied.
- Another variation is that the expression of one or
more things of a class implies the exclusion of all
not expressed, even though all would have been
implied had none been expressly mentioned.
- It is different with ejusdem although both
include enumerations. In ejusdem, there is a
general word which may be used to include
other words outside the statute granted that it is
of the same nature to those particular words
enumerated. In expressio, the express mention
of particular words excludes others.
Ratio: the Legislature wouldnt have provided an
enumeration had the intention been not to
restrict its meaning to those expressly
mentioned.
- (Sir Molo) This is a RESTRICTIVE rule and justifies
the exlusion of an object not included in a list.
There is no catch-all provision here.
Illustration:
Centeno vs. Villalon-Pornillos
F: C is a member of a group of elderly who wanted to start
the renovation of a church in their community. He
solicited money from A, a judge. A accused him of
violationg PD 1564 which requires a permit from DSWD
before one can solicit contributions for charitable and
public welfare purposes.
H: The Court held that religious purposes, such as in this
case, is not included in the charitable purposes of PD
1564. Although there is no enumeration in the law, the
Court used the rule Expressio unius est exclusio alterius. It
states that where a statute, by its terms, is expressly
limited to certain matters, it may not, by interpretation or
construction, be extended to others. This rule means that
the legislature would not have made specified
enumerations in a statute had the intention been not to
restrict its meaning and to confine its terms to those
mentioned. Although there is no enumeration PD 1564

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itself, the Court cited the enumeration in the 1987

Constitution, Section 28 (3), Art VI showing that the terms
religious and charitable are dissociated and individually
mentioned. The Court also cited various laws where both
terms are spelled out in the enumeration showing the
Legislatures intention to dissociate the two terms and
that they are not synonymous. The Court also argued that
while religious purposes may be charitable, not all
charitable purposes are religious.
Note: Sir M disagreed in the application of expression
unius in this case because there is no enumeration. If it
can be applied this way, that is by citing other laws with
enumeration, then it can apply to everything. Other rules,
such as noscitur, could have been used.
Malinias vs. COMELEC

F: M was a candidate for governor in Mountain Province.
He filed a criminal complaint against C (Mt. Province PNP
Director) and T (chief of police of Bontoc, Mt. Province)
for violating Section 232 of BP881 or the Omnibus
Election Code. Said section prohibits members of the
police force or armed forces from going within the 50
meter radius of the canvassing room. C and T impliedly
admitted going within that prohibited area.
H: The Court said that C and T cannot be held criminally
under Sec 232 of BP 881 because it is not one of the
elections offenses explicitly enumerated in Sec 261 and
262 of the same law. While it is unlawful for said persons
to enter the canvassing room, they cannot be criminally
liable because the provision is not a criminal offense. By
applying the rule of Expressio unius est exclusio alterius,
there is no ground for Comelec to punish the two because
the legal basis used by M is a non-criminal act. This is
without prejudice to an administrative complaint that
may be charged against them.
4. Dissimulum dissmilis est ratio

Key: facts allow distinction
Where the facts and circumstances show that the
legislature intended a distinction of qualification, the
Courts may distinguish. Of things dissimilar, the rule must
be dissimilar. (Garvida vs. Sales, Jr.)
- (Sir Molo) One can distinguish even if the law
does not, as long as the facts allow one to do so.
- In Garvida, the factual distinction is between a
member and an officer. There should be a
difference in qualification as to age so that SK
22
officials are not immediately removed from

office right after they are elected.
Illustration:
Garvida vs. Sales
F: Petitioner G registered as a voter for the Sangguniang
Kabataan and member of the Katipunan ng Kabataan
when she was 21 years old and 9 months. Subsequently,
she filed a certicate of candidacy as SK chair. On the day
of the election, she was 21 years and 11 months old.
H: The Court said that G is no longer eligible to run for the
SK. It is explicitly required that a candidate should be 21
years old (i.e. 21 cycles of 365 days and not 21 and 1 day,)
on the day of the election. The law distinguished between
the requirements for being a KK member and SK officer
(i.e. in KK, the person should be 21 years old, for SK, the
person should be 21 years old ON THE DAY OF THE
ELECTION). It is the intent of the legislature to impose a
stricter qualification for the SK to ensure that they truly
represent their constituent by being in the same age
bracket. Dissimulum dissimilis est ratio is used, of things
dissimilar, the rule should be dissimilar!
5. Casus omissus
Key: two laws; words are omitted in old law
A person, object or thing omitted from an enumeration
in a statute must be held to have been omitted
intentionally.
- (Agpalo) This is based on the principle that there
is a reasonable certainty that the legislature
intentionally omitted something from the
enumeration.
- But if the legislative intent to omit is not clearly
indicated, the court may supply the omission if to
do so will carry out the clear intent of the law.
- (Sir Molo) There should be two related laws. The
new law is not necessarily a direct reproduction
of the old law. They can be entirely different
laws, as long as there are provisions covering
similar subject.
- If something is omitted in the new law, what is
no longer there is intentionally omitted from the
previous law.
Illustration:
COA vs. Province of Cebu
F: The Provincial Board of Education established extension
classes in public schools and teachers with no items in the

Mae Manalo
DECS plantilla shall handle them. The expenses for the

extension classes and the salary for the teachers were
taken from the Special Education Fund (SEF) pursuant to
RA 5447. Scholarship grants for students also came from
the SEF.
The Commission on Audit opposes the
appropriation of the teachers salaries from the SEF. They
claim that the Local Government Code (Sec. 235, 272,
100c) repealed RA 5447 and now governs the SEF.
H: The salary for the teachers in the extension classes is
included in the clause in Sec 100(c) of the LGC about the
establishment and maintenance of extension classes.
The hiring of teachers and payment of their salaries are
necessary implication of the establishment of extension
classes.
However, the granting of scholarship funds from the
SEF was not included in the provision of the LGC
governing the SEF. Unlike RA 5447 which explicitly states
that the SEF may be used in the granting of government
scholarship to poor but deserving students, it was
omitted in the pertinent provisions of the LGC. In applying
the rule Casus omissus pro omission habendus or what
has been omitted from the law was omitted intentionally,
the SEF now cannot be used to grant scholarship
privileges. The Court said that the legislature intended to
omit that provision and it is not for the Court to supply
what had been omitted by the legislature. The doctrine of
necessary implication cannot apply in this case because
the scholarship grant is not necessary and indispensable
in the operation and maintenance of public schools.
Ubi lex non distinguit nee nos distinguere

debemos
Key: no distinction (general words with general meaning
e.g. other benefits, any person)
Where the law does not distinguish, courts should not
distinguish.
- (Agpalo) Ratio: general words and phrases
should be accorded their natural and general
significance. They should not be reduced into
parts and one part distinguished from the other
so as to justify its exclusion from the operation of
the law.
- Law should be administered not as the courts
think it ought to be but as they find it and
without regard to consequences. The assumption
is that the legislature did not distinguish because
it did not intent to.
Simple example: in the case of Guerrero vs.

Comelec, petitioners aver that qualification on
Art VI, sec 17 of the constitution pertains to
constitutional qualifications only and not
beyond. The Court said the word qualifications
cannot be further qualified with the term
constitutional. Because firstly, the framers of
the constitution must have intended no
distinction at all. Secondly, the law can only
distinguish if there are facts and circumstances
showing that the lawgiver intended a distinction
or qualification (sounds like dissimulum? yes).
(Sir Molo) Different in dissimulum because while
there is a no distinction, the facts allow the
courts to distinguish. In Ubi lex, the text does not
allow any distinction. In both cases, look at the
text first (in dissimulum, distinctions may be
allowed)
Sir M example:
Law: Students from public schools are suspended during
Storm Signal #2.
- If dissimulum is used, college students from
public schools will not be allowed because there
is a factual distinction between them and
high/grade school students (i.e. college students
can still come to school despite heavy rains of
#2)
- If ubi lex is used, there is no distinction so classes
of college students from public schools are also
suspended.
- Note that there is no right answer, everything
will depend on the proper reasoning!
6.
23
Illustration:
Cebu Institute of Medicine vs. CIMEU-NFL
F: P (CIM) charged its employees SSS, Medicare and Pagibig premiums against the 70% incremental tuition fee
increase under RA 6728 (or the Government Assistance to
Students and Teachers in Private Education Act). Sec 5,
para 2 of the law says that 70% of the tuition fee
increases shall go to payment of salaries, wages,
allowances and other benefits of teaching and nonteaching personnel. R (CIMEU-NFL) claims that P cannot
charge the premiums from the supposed compensation of
employees.
H: The Court applied the rule Ubi lex non distinguit nee
nos distinguere debemos or where the law does not
distinguish, the courts should not distinguish in holding

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that the said premiums are integrated in the amount

allocated to other benefits from the 70% incremental
tuition fee increase. The 70% is not to be delivered wholly
to the employees but will come in the form of SSS,
Medicare and Pag-ibig premiums. The schools has the
discretion to dispose of this amount or the kind and
amount of allowances and benefits to give the employees.
Ramirez vs. CA
F: Petitioner (P) produced a recorded conversation while
respondent (R) was harshly reprimanding her. P, using the
tape, filed a claim for moral damages. R filed a separate
criminal case based on anti-wiretapping law. CA ruled in
favour of R (upholding the violation of the antiwiretapping law). P appealed to the Supreme Court.
H: Court affirmed CA decision. The anti-wiretapping law
applies to any person who records a communication
regardless of whether he or she was a third party to the
conversation or a party to the conversation. As long as
NOT all parties to the conversation give consent to the
recording, it is illegal. In this case, the Court did not
accept Ps contention that she should be absolved in
recording the conversation because she was a party to it.
7. Reddendo singular singulis

Literal Meaning: Referring each to each
Antecedents and consequences should be read
distributively to the effect that each word is to be applied
to the subject to which it appears by context most
appropriately applicable.
- (Agpalo) This is a variation of the last antecedent
rule where words or phrases must only be
applied to modify or qualify those immediate to
them, and not to the words remotely located
from them. In the case of reddendo, words are
taken distributively and do not necessarily apply
to the words or terms closely associated with it.
- (Sir Molo) The basis for distributing words or the
justification for the allocation is the factual
circumstances. (e.g. in Amadora, the distribution
is justified by the historical background of
academic and technical schools. In academic
schools, the teachers are known to be closer
than students than the heads of the institution.)
- This is an EXPANSIVE rule.
Illustration:
24
People vs. Tamani

F: The issue raised is when to count the 15-day period
within which to appeal a judgment of conviction in a
criminal actionwhether from the date of promulgation
of judgment of from the date of receipt of the notice of
judgment. Section 6, Rule 122 of the Rules of Court
provides that an appeal must be taken 15 days from the
promulgation or notice of the judgment or order
appealed from.
D: By applying Reddendo singular singulis, the Court held
that the 15 day period should be counted from the
promulgation and not from the receipt of copy of
judgment. The Court said that the word promulgation
should refer to judgment and the word notice should
refer to order.
Amadora vs. CA
F: Petitioners (Ps) are the parents of A who was killed by
D. A was supposed to submit his physics project before
the graduation when he was shot inside the auditorium.
Ps filed a suit against As school and teacher for damages
invoking Civil Code Article 2180 which said that teachers
or heads of establishments of arts and trade shall be liable
for damages caused by their pupils and students or
apprentices so long as they remain in custody.
D: The Court explained Art 2180. It used the stacon rule
Reddendo singular singulis in ruling that where the
schools is academic rather than technical or vocational in
nature, responsibility for the tort committed by the
student will attach to the teacher in charge of such
student. This is the general rule. In the case of
establishments of arts and trades, it is the head thereof,
and only he, who shall be liable. Following the rule,
teachers will apply to students and pupils, while heads of
establishments will apply to apprentices.
In this case, only the teacher should have been
liable. But because it wasnt shown that it was his
negligence that led to As death, he was not held liable.
Note: Sir M asked about the legal basis for the
interpretation (e.g. teacher to pupils etc). First, the basis is
the law. Next, look at the context or circumstances
(factual or historical circumstances justified the
allocation).
8. Doctrine of Necessary Implication

(No discussion in Agpalos book)

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Illustration:
NATU vs. Torres and Republic Planters Bank
F: Petitioner NATU (P) wanted to have an election for the
bargaining representative among supervisory employees
of respondent bank (R). The employees that P submit to
join the election includes the positions of branch
mangers/OIC, controllers and cashiers. R claims that these
employees are not supervisory but managerial/
confidential employees who are prohibited from joining a
union.
H: Branch managers, controllers and cashiers are NOT
managerial employees. Managerial employees are those
who create (not merely execute) policies and have the
power to fire and hire employees. They are merely
supervisory employees who execute policies and who
have recommendatory powers. BUT! They are
confidential employees who have access to confidential
information in the company. By using the doctrine of
necessary implication, confidential employees should also
be prohibited from joining a union (even if it is not
expressly provided in the law). The same rationale will
applythey will only act as representative of the
company and not the employees. Also, this will be
detrimental to the company because these employees
have access to confidential information which may be
used against them during the bargaining!
Provisos, Exceptions and Savings Clauses
Provisos
the role of a provision is either to limit the
application of the enacting clause, section or
provision of a statute
It may also qualify or restrain its generality or to
exclude some possible ground for
misinterpretation as extending to cases not
intended by the legislature
It is commonly found at the end of a session and
introduced, as a rule, by the word Provided,
(although provisos need not start with this)
The general rule is that a proviso only qualifies or
modifies the phrase immediately preceding it, it
should not be construed to apply to other
sections or to the entire stature itself.
Exceptions
- Consists of that which would otherwise be
included in the provision from but was excepted
25
It exempts something from the operation of the

law by express words
Generally expressed through words like except,
otherwise, shall not apply etc (although,, an
exception need not be necessarily introduced by
these terms)
An exception confirms the general rule. It
expressly excludes things from the laws
operation and corollary, those not enumerated
in the exceptions are deemed to be included in
the general rule
Proviso vs. Exception

- An exception exempts something absolutely
while a proviso defeats the operation
conditionally (not really sure what the latter
means )
- An exception takes out of the statute something
that would otherwise be a part of the subject of
the law while a proviso avoids them by way of
defeasance or excuse
Saving clause
- Operates to except from the effect of the law or
to save something that would otherwise be lost
- Usually used to save something from the effect
of a repeal of a law
- For example, if a procedural law is repealed,
there may be a saving clause saying that
proceedings pending under the old law at the
time the new law takes effect are saved or shall
still apply the old law
Brought to you by Cielo Marjorie Goo
CONSTRUCTION OF STATUTE AS A WHOLE

Statute Construed as a Whole
Statute is passed as a whole and by one general
purpose and intent. Thus, each part or section
should be construed in connection with every
other part and section to produce a
HARMONIOUS WHOLE.
WHY? Dangerous to construe only a part of a
section since one portion may be qualified by the
other portion.
Every part of the statute must be interpreted
with reference to the statute
Intent ascertained from statute as a whole

Mae Manalo
Intent or the meaning of a statute should be

ascertained from the statute taken as a whole
and not from an isolated part of the provision
thereof.
Legislative meaning is to be extracted from
statute as a whole clauses are not to be
segregated, but every part of statute is to be
construed with reference to every other part and
every word and phrase in connection with its
context because the law is the best expositor of
itself.
Optima interpretatrix est ipsum statutum the
best interpreter of a statute is the statute itself.
In proper interpretation of statutes, it is not
permissible to inquire into the motives which
influenced the legislative body, except insofar as
such motives are disclosed by the statute itself.
Purpose or context as controlling guide
Statute must receive such reasonable
construction as will, if possible, make all its parts
harmonize with each other, and render them
consistent with its scope and object
Giving effect to statute as a whole
One part is as important as the other; thus,
statute must be construed and given effect as a
whole
Every part of a statute should be given effect
because a statute is enacted as an integrated
measure and not a hodgepodge of conflicting
provisions.
RULE: ut res magis valeat quam pareat
construction is to be sought which gives effect to
the whole of the statute: its every word.
Where a statute is susceptible of more than one
interpretation, the court should adopt such
reasonable and beneficial construction as will
render th provision thereof operative and
effective and harmonious with each other.
Where there is a particular or special provision
and a general provision in the same statute and
the latter in its most comprehensive sense would
overrule the former, the particular or special
provision is construed as an exception to the
general provision.
Law should be interpreted with a view to
upholding rather than destroying it (Interpretatio
fienda est ut res magis valeat quam pereat)
Presumption: Legislature has enacted a statute
whose provisions are in harmony and consistent
with each other and that conflicting intentions in
the same statute are never supposed or
regarded. Law enacted is complete by itself, that
the legislature did perform its function well and
that it intended to impart to its enactment such a
meaning as will render it operative and effective.
26
Where absolute harmony between parts of a

statute is demonstrably not possible, the court
must reject that one which is lease in accord with
the general plan of the whole statute
In case of irreconcilable conflict
between two provisions of the same
statute, the last in order of position is
frequently held to prevail unless it
clearly appears that the intent of the
legislature is otherwise
The circumstances of their passage,
among other aids to construction,
should also be inquired into to
determine which should prevail
JMM Promotions & Management, Inc. v. NLRC
Facts: Involved are 3 provisions of POEA rules:
(1) provision which requires cash or surety bond as a
requirement for perfecting an appeal;
(2) provision which requires cash bond and surety
bond to answer for all valid and legal claims
against the employer;
(3) provision which requires amount to be placed in
escrow to answer for claims of recruited
workers.
It is claimed that the appeal cash or surety bond should
not be required for perfection of appeal from a decision
of the POEA because the recruitment agency has already
posted bonds and escrow money.
Held: Court rejected contention. Under the petitioners
interpretation, the appeal bond required by Section 6 of
the aforementioned POEA Rule should be disregarded
because of the earlier bonds and escrow money it has
posted. The petitioner would in effect nullify Section 6 as
a superfluity but we do not see any such redundancy; on
the contrary, we find that Section 6 complements
Sections 4 and 17. The rule is that a construction that
would render provision inoperative should be avoided;
instead, apparently inconsistent provisions should be
reconciled whenever possible as parts of a coordinated
and harmonious whole.
SAJONAS v. CA
Facts: Involves the issue as to what period an adverse
claim annotated at the back of a transfer certificate of
title is effective, which in turn depends upon the
interpretation of Sec. 70 of P.D. 1529, which reads in part:
The adverse claim shall be effective for a period of thirty
days from the date of registration. After the lapse of said
period, annotation of adverse claim may be cancelled
upon filing of a verified petition therefor by the party in

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interest: Provided, that after cancellation, no second

adverse claim based on the same ground shall be
registered by the same claimant.
Held: the effectivity of a duly annotated adverse claim
does not lapse after 30 days but continues until cancelled
by the court in a verified petition filed for the purpose,
the Court applied the rules of statutory construction.
THUS, in construing the law aforesaid, care should be
taken that every part thereof be given effect and a
construction that could render a provision inoperative
should be avoided, and inconsistent provisions should be
reconciled whenever possible as parts of a harmonious
whole. For taken in solitude, a word or phrase might
easily convey a meaning quite different from the one
actually intended and evident when a word or phrase is
considered with those with which it is associated. In
ascertaining the period of effectivity of an inscription of
an adverse claim, we must read the law in its entirety.
CONSTRUCTION IN RELATION TO OTHER STATUTES

Statute should be construed in harmony with,
and not in violation of, the fundamental law.
Legislature presumed to have adhered to the
constitutional limitations.
If there is doubt or uncertainty as to
the meaning of the legislature, that
interpretation will be adopted which
will avoid the effect of
unconstitutionality, even though it may
be necessary, for this purpose, to
disregard the more usual or apparent
import of the language employed.
However, court cannot, in order to
bring a statute within the fundamental
law, amend it by construction.
Statutes in pari materia
o When they relate to the same person or thing, or
have the same purpose or object, or cover the same
specific or particular subject matter
o Statute should be so construed not only to be
consistent with itself but also to harmonize with
other laws on the same subject matter as to form a
complete, coherent and intelligible system
o Interpretare et concordare leges legibus est optimus
interpretandi modus = best methodi of interpretation
is that which makes laws consistent with other laws;
every statute must be so construed and harmonized
with other statutes as to form a uniform system of
jurisprudence
o Distingue tempora et concordabis jura = distinguish
times and you will harmonize laws
27
o Presumption: all laws are consistent with each other

o Assumption: Whenever the legislature enacts a law, it
has in mind the previous statutes relating to the same
subject matter, and in the absence of any express
repeal or amendment, the new statute is deemed
enacted in accord with the legislative policy
embodied in those prior statutes. Later statutes are
supplementary or complimentary to the earlier
enactments.
o Question is whether the later act has impliedly
amended or repealed the earlier statute. In case of
doubt, the doubt will be resolved against implied
amendment or repeal and in favor of harmonization
of all the laws on the subject.
o Statute will not be construed as repealing a prior act
on the same subject in the absence of words to that
effect unless there is an irreconcilable repugnancy
between them or unless the new law is evidently
intended to supersede all prior acts on the matter
and to comprise itself the sole and complete system
of legislation on the subject
General and special statutes
o General one which embraces a class of subjects or
places and does not omit any subject or place
naturally belonging to such class; one of universal
application affecting the entire community
o Special one which relates to particular persons or
things of a class or to a particular portion or section
of the state only
o Fact that one law is special and the other general
creates a presumption that the special act is to be
considered as remaining an exception of the general
act, one as a general law of the land and the other as
the law of the particular case; period when the
special law was passed is irrelevant
o Where two statutes are of equal theoretical
application to a particular case, the one designed
therefor specially should prevail
o Reason: Legislature in passing a law of special
character has its attention directed to the special
facts and circumstances which the special act is
intended to meet
o Presumption: General law refers to the subject in
general and the special law treats the same subject in
particular.
o Exceptions:
1) Where the legislature clearly intended the later
general enactment to cover the whole subject
and to repeal all prior laws inconsistent
therewith, the general law prevails over a special
law on the subject. Special law repealed.
2) Where the special law merely establishes a
general rule while the general law creates a
specific and special rule, general law prevails.
Reference statutes

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o A statute which refers to other statutes and makes

them applicable to the subject of legislation
o Incorporation in a statute of another statute by
reference
o Frequently used to avoid encumbering the statute
books of unnecessary repetition
o Adoption by reference of a statute that was
previously repealed revives the statute
o Adoption takes the adopted statute as it exists at the
time of adoption and does not include subsequent
changes or modification of the statute so taken,
unless it does so expressly
o Construed as to harmonize with, and give effect to,
the adopted statute
the December 27, 2000 deadline provided by COMELEC

under RA. 8189.
with several COMELEC arms,
COMELEC disapproved the request on the ground that:
1) Section 8 of RA 8189 explicitly provides that no
registration shall be conducted during the period starting
one hundred twenty (120) days before the regular
elections.
Supplemental statutes
o One intended to supply deficiencies in an existing
statute and to add to, complete, or extend the
statute without changing or modifying its original text
Held: No, they do not contradict. Through close reading it

can be harmonized and reconciled.
Every new statute should be construed in connection with
those already existing in relation to the same subject
matter and all should be made to harmonize and stand
together if they can be done by and fair and reasonable
interpretation
Reenacted statutes
o Statute which reenacts a previous statute or the
provisions thereof; one in which the provisions of an
earlier statute are reproduced in the same or
substantially the same words
o Legislative expression of intention to adopt the
construction as well as the language of the prior act
o When a statute or a provision thereof has been
construed by the Supreme Court and the same is
substantially reenacted, the legislature may be
regarded as adopting such construction, and the
construction becomes an integral part of the
reenacted statute with the force and effect of a
legislative command
o Where a statute provides that all laws not
inconsistent with the provisions thereof are deemed
incorporated and made integral parts thereof by
reference, such previous laws on the same subject
matter are deemed reenacted
Adopted statutes
o A statute patterned after, or copied from a statute of
a foreign country
o Presumption: Legislature adopted such construction
and practices with the adoption of the law but does
not apply to construction given the statute
subsequent to its adoption, although it has
persuasive effect on the interpretation
AKBAYAN-YOUTH v. COMELEC
Facts: Petitioners, representing the youth sector, sought
COMELEC to conduct a special registration before the
May 14, 2001 General Elections. The special registration
would be for new voters ages 18-21, constituting four
million potential voters who failed to register on or before
28
Issue: W/N Section 28 of RA 8436 (invoked by petitioner)

and RA 8189 (invoked by COMELEC) are contradictory and
conflicting.
SESSION 13
STRICT AND LIBERAL CONSTRUCTION
Kind of construction depends upon the nature of the
statute, the purpose to be subserved and the mischief to
be remedied; that which will best accomplish the end
desired and effectuate legislative intent
Strict construction
o Construction according to the letter of a statute,
which recognizes nothing that is not expressed, takes
the language used in its exact meaning, and admits
no equitable consideration
o Scope shall not be extended or enlarged by
implication, intendment, or equitable consideration
beyond the literal meaning of its terms
o Close and conservative adherence to the literal or
textual interpretation
Liberal construction
o Such equitable construction as will enlarge the letter
of a statute to accomplish its intended purpose, carry
out its intent, or promote justice
o Does not mean enlargement of a provision which is
clear, unambiguous and free from doubt for a statute
which is plain and clear is not subject to construction
o Statute will be given a liberal interpretation so as to
save the statute from obliteration
Liberal construction vs. Judicial legislation

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o Construction: court from the language used, the

subject matter, and the purpose of the legislature will
be able to find out the true meaning of the statute;
legitimate exercise of judicial power
o Legislation: act of the court in engrafting upon a law
something which it believes ought to have been
embraced therein; forbidden by the tripartite division
of powers
Construction should promote social justice
constitutional mandate
Construction should promote general welfare or growth
of civilization
o Reason of the law is the life of the law
o Salus populi suprema lex = voice of the people is the
supreme law
o Statuta pro publico commodo late interpretantur =
statutes enacted for the public good are to be
construed liberally
Strict Construction
Remember that rules of interpretation are rules of
construction, not destruction
Penal statutes against the state
o Test is whether a penalty is imposed for the
punishment of a wrong to the public or for the
redress of an injury to an individual
o Strictly construed against the state and liberally in
favor of the accused
o Where a statute penalizes the omission of an act on
certain specific occasions, it cannot be construed to
penalize it on all occasions
o No person should be brought within the terms of a
statute who is not clearly within them, nor should
any act be pronounced criminal which is not clearly
made so by the statute
o Reason: safeguard the rights of the accused and at
the same time preserve the obvious intention of the
legislature; purpose is to provide a precise definition
of forbidden acts
o Acts in and of themselves innocent and lawful cannot
be held to be criminal unless there is a clear and
unequivocal expression of the legislative intent to
make them such
o Actus non facit reum nisi mens sit rea = the act itself
does not make a man guilty unless his intention were
so
o Actus me invito factus non est meus actus = an for the
support of the governmentact done by me against my
will is not my act
o Construction depends upon the intent of the
legislature, taking into consideration the nature of
the offense, the purpose to be accomplished and
29
such other factors as will throw light upon the

meaning of the language
o Limitations:
1) Where the language is plain and positive, willful
intent and purpose, nothing is left to
interpretation
2) Where a literal meaning would lead to absurdity,
contradiction, injustice, or would defeat the clear
purpose of the law, the court should consider the
spirit and reason of a statute. Strict construction
of a criminal statute does not mean such
construction as to deprive it of the meaning
intended.
Statutes in derogation of rights against the state
o State may enact legislations curtailing or restricting
enjoyment of certain rights (inherent, guaranteed by
Constitution or protected by law) in the exercise of its
police power
o Where there are two reasonably possible
constructions, one which would diminish or restrict a
fundamental right of the people and the other which
would not do so, the latter construction must be
adopted so as to allow full enjoyment of such
fundamental right
Statutes granting privileges to certain entities against
the grantee
o Those who invoke a special privilege granted by a
statute must comply strictly with its provisions or lose
them
o Privilegia recipiunt largam interpretationem voluntati
consonam concedentis = privileges are to be
interpreted in accordance with the will of him who
grants them
o Dura lex sed lex = the law may be harsh, but that is
the law; applied in the matter of rights and privileges
granted subject to conditions
Legislative grants to local government units against the
grantee
o Grants of a public nature (usually a gratuitous
donation of public money or property) which result in
an unfair advantage to the grantee
o Narrowly restricted in favor of the public
Statutory grounds for suspension or removal of public
officials
o Remedy of removal is a drastic one and penal in
nature
o Strictly construed to prevent injustice and harm to
the public interest
o Distinguishes between the character of the man and
the character of the officer, and limits the grounds
for removal to only those as enumerated

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Naturalization laws against the applicant

o Right to become a citizen by naturalization is
statutory, not natural
Statutes imposing taxes and customs duties most
strongly against the state
o Burdens are not to be imposed nor presumed to be
imposed beyond what statutes expressly and clearly
import
o Reason: burdens personal and property rights of the
people; taxation a destructive power
Statutes granting tax exemptions against the taxpayer
o Taxation lifeblood of nation and as such, is the rule
and exemption the exception
o Basis: to minimize the different treatment and foster
impartiality, fairness, and equality of treatment
among taxpayers
o Limitations:
1) Where the law provides no qualification for the
granting of tax exemption, the court is not at
liberty to supply one
2) Does not apply in tax exemptions in favor of the
government itself or its agencies (exemption is
the rule, taxation the exemption)
Statutes concerning the sovereign
o Restrictive statutes imposing burdens on the public
treasury strictly construed
o Do not embrace the sovereign unless the sovereign is
specifically mentioned
Statutes authorizing suits against the government
o Basis: There can be no legal right as against the
authority that makes the law on which the right
depends (Nullum tempus occurrit regi)
o Subjects the state to inconvenience and loss of
governmental efficiency
o May not be circumvented by directing the action
against the officers of the state instead of against the
state itself
o Consent to be sued should not be interpreted to
authorize garnishment of public funds to satisfy a
judgment against the State or the issuance of a writ
of execution against government property
Statutes prescribing formalities of will against testator
o Will must be executed in accordance with statutory
requirements or else entirely void
o Court is seeking to ascertain and apply legislators
intent, not testators
Exceptions and Provisos against exceptions and in favor
of general provisions
o Preference is an exception to the general rule
30
Liberal Construction
General welfare legislation in favor of those whom the
law intended to benefit
o Statutes enacted to implement the social justice and
protection-to-labor provisions of the Constitution
o Labor laws, tenancy laws, land reform laws, social
security laws
General welfare clause on the power of local
governments in favor of LGUs
o 2 branches:
1) Main trunk of municipal authority
Ordinances and regulations necessary to carry into
effect and discharge the powers and duties
conferred upon local legislative bodies by law
2) Independent of the specific functions
enumerated by law
Ordinances necessary and proper to provide for the
health and safety, promote the prosperity, improve
the morals, peace, good order, comfort, and
convenience of the LGU and the inhabitants
thereof, and for the protection of property therein
o More powers to LGUs in promoting economic
condition, social welfare and material progress of the
people in the community
o Elastic and must be responsive to various social
conditions
Statutes prescribing limitations on taxing powers in
favor of LGUs
o 1973 Constitution gives LGUs power to create its own
sources of revenue and to levy taxes, etc.
Statutes prescribing prescriptive period to collect taxes
in favor of taxpayers
o Beneficial to both government (tax officers obliged to
act promptly) and citizens (security against
unscrupulous tax agents)
o Remedial measure to bring about beneficial purpose
of affording protection to taxpayers
Statutes imposing penalties for nonpayment of tax in
favor of government
o Supported by strong reasons of public policy and
imperatives of public welfare
o Intended to hasten tax payments or to punish
evasions or neglect of duty in respect thereto
o Should be construed to avoid the possibilities of tax
evasions
Election laws to give effect to the express will of the
electorate

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o Intended to safeguard the will of the people in their

choice of their representatives; involves public
interest
o Technicalities should not be sanctioned when it will
be an obstacle in the determination of the true will of
the electorate
Amnesty proclamations in favor of amnesty
o Purpose: encourage the return to the fold of the law
of those who have veered from it
o Amnesty and pardon synonymous thus, grant of
pardon should likewise be construed liberally in favor
of those pardoned
Statutes prescribing prescriptions of crimes in favor of
the accused
Statute of limitation or prescription of offense in the
nature of an amnesty granted by the state after a certain
time has passed
o Liberality of construction belongs to all acts of
amnesty and grace
Adoption statutes in favor of the adopted
o Liberal concept that the statutes hold the interest
and welfare of the child to be of paramount
consideration
o Liberally construed to promote the noble and
compassionate objectives of the law
Veteran and retirement pension laws in favor of
pensioners
o Remedial in character
o Expression of gratitude to and recognition of those
who rendered service to the country by extending to
them regular monetary benefit
o Liberally construed to the end that their noble
purpose is best accomplished but should prevent a
person from receiving double pension or
compensation unless the law provides otherwise
o (case law) Administrative regulations adopted under
legislative authority by a particular department must
be in harmony with the provisions of the law, and
should be for the sole purpose of carrying into effect
its general provisions
Rules of Court in favor of litigants
o Procedural in character
o Purpose: the proper, just, speedy and inexpensive
determination of a litigation
o Should not be interpreted to sacrifice substantial
rights of a litigant at the altar of technicalities to the
consequent impairment of the principles of justice
o Litigants should be given ample opportunity to prove
their respective claims and a possible denial of
31
substantial justice due to legal technicalities should

be avoided
Other statutes
o Remedial in nature
o Redemption laws purpose: to enable the debtor to
have his property applied to pay as many of his
liabilities as possible
o Construction in favor of exemption from execution
(beneficent and humane purpose)
o Laws on attachment to promote their objects and
assist the parties in obtaining speedy justice
o Warehouse receipt laws in favor of bona fide holders
of such receipts
o Probation law by extending the benefits thereof to
anyone not specifically disqualified (purpose is to give
offenders a second chance to maintain his place in
society through the process of reformation)
o Statute granting powers to a Constitutional agency
for the advancement of the purposes and objectives
for which it was created
PENA v. HRET
Facts: Alleged here is a protest regarding fraud during an
election in the 2nd district of Palawan, which resulted to
the win of Abueg. Pena claims he is the real winner of
election if not for the massive fraud and widespread votebuying.
Held: Pena failed to specify the precints where the fraud
occurred. SC agreed with respondents, conceding that
statutes providing for election contests are to be liberally
construed to the end that the will of the people in the
choice of public officers may not be defeated by mere
technical questions. However, the SC further stated that a
protest must stand or fail based upon the issues raised in
the original or amended pleading filed prior to the lapse
of the statutory period for filing of the protest. The Court
found that the omission by the petitioner was fatal to his
complaint because it goes to the very substance of the
complaint. And since the complaint itself lacked in form
and substance, the HRET had no other recourse but to
dismiss the petition.
-established that the power
to annul an election should be exercised with the greatest
care as it involves the free and fair expression of the
popular will. It is only in extreme cases of fraud and under
circumstances w/c demonstrate the to the fullest degree
a fundamental and wanton disregard of the law that the
elections are annulled, and then only when it becomes
impossible to take any other step.

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averments to prosper, otherwise, the whole election

process will deteriorate into an endless stream of crabs
pulling at each other, racing to disembank from the
water.
CIR v. B.F. Goodrich Philippines Inc.
Facts: Assailed here are various letter of assessments
regarding tax liabilities of Goodrich for his plantation.
Upon appeal to CA, the CTA decision was
reversed on the ground that the 5-year period for
assessment has prescribed. Falsity of the filed income
tax return which was used by CTA in circumventing the
prescription is not among the grounds for exception in the
5-year rule as stated in Section 337 of the Tax Code. The
exceptions provided by the law include fraud, irregularity
and mistake on the part of the taxpayer.
Held: CIRs right to assess the deficiency donors tax has
prescribed. Laws on prescription as a remedial measures
should be construed liberally; its exceptions should be
interpreted strictly
PHILEX MINING CORPORATION v. CIR

Facts: Various tax refunds were assailed by the petitioner.
CTA based the refund on Sections 1 and 2 of RA 1435,
instead of petitioners claim that it be based on the
increase rates imposed by Sections 142 and 145 (which
became 153 and 156) of the National Internal Revenue
Code (NIRC) as amended.
Held: Since the partial refund is in the nature of a tax
exemption, it must be construed strictly against the
grantee. No expression of a legislative will authorizing a
refund based on the higher rates claimed by petitioner.
Law did not specifically provide for a refund based on the
increased rates.
MANDATORY AND DIRECTORY STATUTES
Classification is important in resolving the question
of what effect should be given to the mandate of a
statute
No absolute test for determining classification but
primary object is to ascertain legislative intent which
must be obtained from all the surrounding
circumstances (entire statute, nature, object,
purpose, legislative history, in connection with other
related statutes, consequences in construing it one
way or the other)
Does not depend on form of statute but on its effect
32
Depends on whether the thing directed to be done is

of the essence of the thing required or is a mere
matter of form
Determined primarily from the language of the
statute; shall and may rule is not absolute
A negative statute is mandatory
o One expressed in negative words or in the form of an
affirmative proposition qualified by the word only,
said word having the force of an exclusionary
negation
o Cannot be directory since only one way to obey
Distinction applicable to both fundamental and
statutory laws
Mandatory Statutes
Matter of substance
Legislative intent that compliance essential to the
validity of an act
Statute which contains words of command or of
prohibition (shall, must, ought, should, cannot, shall
not, ought not)
Where a statute provides for the doing of some act
which is required by justice or public duty, or where it
vests a public body or officer with power and authority
to take such action which concerns the public interest
or rights of individuals
What law decrees must be obeyed against pain of
sanction or declaration of nullity of what is done in
disregard thereof
Statutes conferring power

o Construed as imposing rather than conferring
privileges since for benefit of third persons, not of
public officers
Statutes granting benefits

o When certain conditions are required before benefits
can be availed of, conditions mandatory
Statutes prescribing jurisdictional requirements
o Statutory requirements by which courts or tribunals
acquire jurisdiction to hear and decide particular
actions must be strictly complied with before the
courts or tribunals can have authority to proceed
Statutes prescribing time to take action or to appeal
o Indispensable to the prevention of needless delays
and to the orderly and speedy discharge of business
o Necessary incident to the proper, efficient, and
orderly discharge of judicial functions
o Require strict, not substantial, compliance and are
not waivable nor can they be subject to agreements
or stipulations

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o Jurisdictional (procedural) in nature

o Reason: sound public policy demands that judgments
should become final at some definite date fixed by
law (Interest reipublicae ut sit finis litium = public
interest requires that by the very nature of things
there must be an end to a legal controversy)
Statutes prescribing procedural requirements
o Every act which is jurisdictional, or of the essence of
the proceedings, or is prescribed for the protection or
benefit of the party affected
Election laws on conduct of election
o Affects the conduct of the elections and those which
direct or require election officials to do or perform
certain acts; procedural in nature
o Purpose: to preserve the sanctity of the ballot and
carry out the will of the electorate
o Mandatory before the elections; directory after
especially if voters will be deprived of their votes
without any fault on their part if mandatory
Election laws on qualification and disqualification
o Mandatory whether before or after elections
Statutes prescribing qualifications for office
o Eligibility to a public office is of a continuing nature
and must exist at the commencement of the term
and during the occupancy of the office
o If a person is not qualified at the time he assumed
office, or he loses such eligibility or qualifications
during the continuance of his incumbency, he may be
ousted from office
Statutes relating to assessment of taxes
o Mandatory when intended for the security of the
citizens, to insure the equality of taxation, for
certainty as to the nature and amount of each others
tax
o Directory when merely for information or direction of
officers or to secure methodical and systematic
modes of proceedings
Statutes concerning public auction sale
o In derogation of property rights and due process
o Mandatory with respect to the prescribed procedure
Directory Statutes
Matter of convenience
No substantial rights depend on it, no injury can result
from ignoring it, and the legislative intent can be
accomplished in a manner other than that prescribed
with substantially the same result
33
Statute which is permissive or discretionary in nature

(may)
Noncompliance not necessary to validity of the act
Constitutional provisions are directory where they
refer to matters merely procedural
Statutes prescribing guidance for officers

o Do not limit their power or render its exercise in
disregard of the requisitions ineffectual
o Regulations designed to secure order, system and
dispatch in proceedings
Statutes prescribing manner of judicial action
o Requirements that judges should follow in the
discharge of their functions
o Purpose: to provide an orderly procedure for the
conduct of public business
o Procedure merely secondary to substantive right
Statutes requiring rendition of decision within
prescribed period (Constitutional time provisions)
o Directory unless language of the statute contains
negative words or shows that the designation of the
time was intended as a limitation of power, authority
or right
o Ground of expediency: less injury results to the
general public by disregarding than enforcing the
letter of the law
o Failure to comply within prescribed period does not
deprive judges of jurisdiction but they will face
administrative sanctions
PROSPECTIVE AND RETROACTIVE STATUTES
Presumption: All laws operate prospectively, unless

intended otherwise by express declaration or
necessary implication, whether the statute is in the
form of an original enactment, an amendment or a
repeal
o Lex prospicit, non respicit = law looks forward, not
backward
o Lex de futuro, judex de praeterito = law provides for
the future, the judge for the past
o Nova constitutio futuris formam imponere debet non
praeteritis = a new statute should affect the future,
not the past
Reason: a law is a rule established to guide actions
with no binding effect until it is enacted; has no
application to past but only to future times
Presumption stronger with reference to substantive
laws affecting pending actions or proceedings
Law may be made operative partly on facts that
occurred prior to the effectivity of such law without
being retroactive

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Prospectivity applies to statutes, administrative rulings

and circulars and judicial decisions (evidence of what
the laws mean)
General rule does not apply to statutes relating to
remedies or modes of procedure which neither create
new nor take away vested rights but only operate in
furtherance of the remedy or confirmation of rights
already existing and is presumptively applicable to all
actions
Word shall implies that the lawmakers intend the
enactment to be effective only in the future
When law expressly provides that it shall be
retroactive but it violates any of the constitutional
restrictions, it shall be applied prospectively to save it
from being declared unconstitutional
Prospective Statutes
One which operates upon facts or transactions that
occur after the statute takes effect, one that looks and
applies to the future
Penal statutes
o Nullum crimen sine poena, nulla poena sine legis =
there is no crime without a penalty, and there is no
penalty without a law
o Art. 21 RPC
Ex post facto law
o Retroactive application prohibited by Constitution
but limited in scope and applies only to penal
matters, not to laws which concern civil proceedings
generally or which affect or regulate civil or private
rights or political privilege
o Test: Does the law sought to be applied retroactively
take from an accused any right that was regarded at
the time as vital for the protection of life and liberty?
Yes = EPF law
1) Law which makes criminal an act done before the
passage of the law and which was innocent when
done, and punishes such act
2) Law which aggravates a crime, or makes it greater
than it was, when committed
3) Law which changes the punishment and inflicts a
greater punishment than that annexed to the crime
when committed
4) Law which alters the legal rules of evidence, and
authorizes conviction upon less or different
testimony than the law required at the time of the
commission of the offense
5) Law which assumes to regulate civil rights and
remedies only, but in effect imposes penalty or
34
deprivation of a right for something which when

done was lawful
6) Law which deprives a person accused of a crime of
some lawful protection to which he has become
entitled, such as protection of a former conviction
or acquittal, or a proclamation of amnesty
Bill of attainder prohibited by Constitution
o Legislative act which inflicts punishment without
judicial trial; has EPF features
o Characteristics: singling out of a definite minority;
imposition of a burden on it; legislative intent;
retroactive application to past conduct
o Essence: substitution of a legislative for a judicial
determination of guilt
o Purpose of constitutional bar: implement the
principle of separation of powers by confining the
legislature to rule-making and thereby forestalling
legislative usurpation of judicial functions
o History: BoA employed to suppress unpopular causes
and political minorities
Statutes substantive in nature
o Law which creates, defines or regulates rights
concerning life, liberty or property and duties which
give rise to a cause of action, or the powers of
agencies or instrumentalities for the administration
of public affairs; that which declares what acts are
crimes and prescribes the punishment for committing
them (as applied to criminal law)
o Substantive right = one which includes those rights
which one enjoys under the legal system prior to the
disturbance of normal relations
o May not be construed retroactively without
somehow affecting previous or past rights or
obligations
o May not retroact to govern pending proceedings in
the absence of clear contrary legislative intent and no
vested rights are impaired
o Rule: case must be decided in the light of the law as it
exists at the time of the decision by the appellate
court, where the statute changing the law is intended
to be retroactive and to apply to pending litigations;
true though it may result in the reversal of a
judgment which was correct at the time it was
rendered by trial court but subject to limitation
concerning constitutional restrictions against
impairment of vested rights
Statutes affecting vested rights
o Vested right or interest = some right or interest in
property that has become fixed or established and is
no longer open to doubt or controversy; absolute,
complete, and unconditional, independent of a
contingency
o Inchoate rights which have not been acted on are not
vested

Mae Manalo
o Prospective operation to sustain its constitutionality

where a retroactive application will produce invalidity
by impairing or interfering with vested or existing
substantive rights
Statutes affecting obligations of contract
o Contract must be in accordance with the applicable
law at the time of execution
o Constitution prohibits enactment of a law impairing
the obligation of contracts
o If a contract is legal at its inception, it cannot be
rendered illegal by a subsequent legislation
o For a right to accrue is one thing; enforcement
thereof by actual payment is another
Repealing and amendatory acts
o General rule on prospective operation of statutes
also applies to amendatory acts even if they are
generally construed as becoming a part of the original
act as if it had always been contained therein
o After an act is amended, the original act continues to
be in force with regard to all rights that had accrued
prior to such amendment
Statutes relating to prescription
o Procedural in nature
o General rule: applies to all actions filed after its
effectivity
o Prospective in the sense that it applies to causes that
accrued and will accrue after it took effect and
retroactive in the sense that it applies to causes that
accrued before its passage
o Legislature usually manifests its intent to apply a
statute of limitation retroactively
Statutes relating to appeals
o Right to appeal from adverse judgment statutory and
may be restricted or taken away
o Remedial or procedural in nature and applies to
pending actions at time of enactment
o Statute shortening the period for taking appeals
prospective in the absence of clear legislative intent
to the contrary and may not be applied to pending
proceedings in which judgment has already been
rendered at the time of enactment
Retroactive Statutes
Law which creates a new obligation, imposes a new
duty or attaches a new disability in respect to a
transaction already past
Remedial or curative statutes as well as statutes which
create new rights are intended to be retroactive by
their nature and do not impair contractual or vested
rights
o Basis: founded on the very principles on which the

right of the state to punish and impose penalty is
based; exception founded on principles of justice, not
on political considerations
o Exception justified by conscience and good law
o Assumption: two laws affecting the liability of the
accused one in force at the time of the commission
of the crime and the other enacted during or after
the trial of the criminal action
o Limitations:
1) Accused a habitual delinquent
2) Later statute expressly provides that it shall not
apply to existing actions or pending cases
3) Accused disregards the later law and invokes the
prior statute under which he was prosecuted
Procedural laws
o Adjective law = prescribes rules and forms of
procedure of enforcing rights or obtaining redress for
their invasion; rules of procedure by which courts can
properly administer justice
o Statutes regulating the procedure of the courts
applicable to actions pending and undetermined at
the time of their passage retroactive in that sense
and to that extent
o As a general rule, no vested right may attach to, nor
arise from, procedural laws
o An administrative rule which is interpretative of a
pre-existing statute and not declarative of certain
rights with obligations thereunder is retroactive as of
the date of the effectivity of the statute
o (case law) Litigants cannot be permitted to choose a
forum of convenience. Jurisdiction is imposed by law
and not by any of the parties to such proceedings.
o May not be applied retroactively to pending actions if
expressly declared or by necessary implication,
impairs vested rights, not feasible or would work
injustice, involves intricate problems of due process
or impairs the independence of the courts
Curative statutes
o One which cures defects and adds to the means of
enforcing existing obligations
o Intended to supply defects, abridge superfluities in
existing laws, and curb certain evils
o Purpose: to give validity to acts done that would have
been invalid under existing laws, as if existing laws
have been complied with
o Can cure pending actions but not that which has
attained finality
o will result in neither impairment of any contractual
obligation, disturbance of any vested right nor breach
of some constitutional guaranty (Frivaldo vs.
COMELEC)
Police power legislations
Penal laws when favorable to the accused
35

Mae Manalo
o Statutes which are enacted in the exercise of police

power to regulate certain activities
o Reason: non-impairment of contractual obligations or
vested rights must yield to the legitimate exercise of
the power by the legislature to prescribe regulations
to promote the health, morals, peace, education,
good order, safety and general welfare of the people
o Reservation of the essential attributes of sovereign
power deemed read into every statute or contract as
a postulate of the legal order
Prescription in criminal and civil cases
o Civil: statute enacted by legislature as impartial
arbiter between two contending parties; no
intendment to be made in favor of either party; no
rights granted and thus, construction presumption
against no grantor
o Criminal: state is grantor, surrendering by act of grace
its right to prosecute; liberally construed and is also
retroactive if favorable to accused
Amendment, Revision, Codification and Repeal

Amendment
Change or modification, by addition, deletion, or
alteration, of a statute which survives in its amended
form
May be express or implied amendment done
through enactment of amendatory act
Power to amend any existing law inherent in the
legislature
o Authority part of legislative power to enact, alter and
repeal laws
o SC no authority legislative exclusive prerogative
Amendment by implication
o Neither presumed nor favored
o Usually shown by a statement in the later act that
any provision of law inconsistent therewith is
modified accordingly
o Operates as long as there is an irreconcilable
repugnancy between the earlier and later law
o Where a part of a prior statute embracing the same
subject as the later act may not be enforced without
nullifying the pertinent provision of the latter prior
act deemed amended to the extent of the
repugnancy
36
Takes effect 15 days after publication in OG or

newspaper of general circulation unless different date
is specified therein
Construction of amendment
o As if the original statute has been repealed and a new
and independent act in the amended form had been
adopted
o As if the statute has been originally enacted in its
amended form
o As a continuation of the existing law and not as a new
enactment
o Should be different from that of original statute since
presumed that legislature would not have amended if
did not want to change its meaning
o Suppression of excepting clause amounts to
withdrawal of the exemption allowed under the
original act
General rule: prospective unless contrary provided or
procedural law (relating to procedure in courts), at which
case applicable to pending and undetermined actions at
time of amendment
Rights which have become vested under a statute
before its amendment may not be affected by such
Effect of amendment on jurisdiction
o Jurisdiction of a court to try cases determined by the
law in force at the time the action is instituted and
remains with the court until the case is finally
decided therein
o Subsequent statute amending a prior act with the
effect of divesting the court of jurisdiction may not be
construed to operate to oust jurisdiction that has
already attached under the prior law else it will be a
subversion of the judicial process
o Also applies to quasi-judicial bodies
Amendatory act, if complete by itself, will be
considered as an original or independent act
Where amendatory act is declared unconstitutional,
it is as if the amendment did not exist, and the
original statute before the attempted amendment
remains unaffected and in force
Revision and Codification
Purpose: to restate the existing laws into one statute,

simplify complicated provisions, and make the laws on
the subject easily found
Problem: what meaning or significance may be
attached to any of the modifications or changes
(insertion or omission of provisions, change in
phraseology, rearranging of sections)
Construction to harmonize different provisions

Mae Manalo
o Presumption: author has maintained a consistent

philosophy or position
o Code is enacted as a single, comprehensive statute
and is to be considered as such, not as a series of
disconnected articles or provisions
o Irreconcilable conflict? That which is best in accord
with the general plan. No way to determine? That
which is later in physical position, being the latest
expression of legislative will
What is omitted is deemed repealed unless provided
otherwise
o Reason: revision or codification, by its very nature
and purpose, intended to be a complete enactment
on the subject and an expression of the whole law
thereon
o Intent on part of legislature to abrogate those
provisions of the old laws that are not reproduced in
the revised statute or code
o Possible only if the revised statute or code was
intended to cover the whole subject to be a complete
and perfect system in itself
o New repeals old if it revises the whole subject matter
of the old, both intent and scope evince the idea of a
repeal, clear intention that new is substitute of old
Condensation a necessity in revision / codification
o Neither an alteration in phraseology nor the omission
or addition of words in the later statute shall be held
necessarily to alter the construction of the former
acts
Construed as a continuation of existing laws
o Presumption: codifiers did not intend to change the
law as it formerly existed
o Rearrangement of sections or parts of statute,
breaking up of a single section into separate sections
does not necessarily change the operation, effect or
meaning of the statute unless legislative intent is
clear and unmistakable
Repeal
Legislature has plenary power to repeal, abrogate or
revoke existing laws
o Power to repeal as complete as power to enact
o Cannot enact irrepealable laws or limit future
legislative acts
o SC no power to repeal can only promulgate rules of
procedure
Kinds of repeal:
1) Total vs. Partial
T: statute rendered revoked completely
37
P: leaves the unaffected portions of the statute in

force
2) Express vs. Implied
E: declaration in a statute that a particular and
specific law, identified by its number or title, is
repealed; identifies or designates the act or acts
that are intended to be repealed
I: all other repeals not express
Failure to add specific repealing clause indicates that
intent was not to repeal any existing law unless an
irreconcilable inconsistency and repugnancy exist
falls under implied repeal
Presumption: legislature knows existing laws so that if
a repeal is intended, proper step is to express it
Laws are repealed only by the enactment of subsequent
laws
o Not repealed by disuse or customs and practice to
the contrary
o Violation or nonobservance not excused
o Change in condition and circumstances after passage
of law which brought about the statute does not
operate to repeal prior law
Repeal by implication
o Premise: Where a statute of later date clearly reveals
an intention on the part of the legislature to abrogate
a prior act on the subject, that intention must be
given effect. Intent must be clear and manifest.
o General rule: Later act is to be construed as a
continuation of, and not a substitute for, the first act
and will continue so far as the two acts are the same
from the time of the first enactment
o Not favored. Presumption against inconsistency and
repugnancy and accordingly, against implied repeal.
Every effort must be used to make all acts stand. If,
by any reasonable construction, they can be
reconciled, the later act will not operate as a repeal
of the earlier.
Two categories of repeal by implication:
1) By irreconcilable inconsistency
Where provisions in the two acts on the same
subject matter are in an irreconcilable conflict,
the later act to the extent of the conflict
constitutes an implied repeal of the earlier one.
When two statutes cover the same subject
matter; clearly inconsistent and incompatible
with each other that they cannot be reconciled
or harmonized; both cannot be given effect, one
law cannot be enforced without nullifying the
other
Should embrace same subject and have same
object
Fact that a later enactment may relate to the
same subject matter is not of itself sufficient to

Mae Manalo
cause an implied repeal. The new statute may

merely be cumulative or a continuation of the
old one. What is necessary is a manifest
indication of legislative purpose to repeal.
Inconsistency never presumed
When the later law nullifies the reason or
purpose of the earlier act, so that the earlier act
loses all meaning and function
Cardinal rule: Two inconsistent laws on the
same subject cannot co-exist in one jurisdiction.
Either they are reconciled or the later law
repeals the prior law.
Leges posteriors priores contrarias abrogant = a
later law repeals a prior law on the same subject
which is repugnant thereto
2) By revision or codification of the former laws
If the later act covers the whole subject of the
earlier one and is clearly intended as a
substitute, it will operate to repeal the earlier
law.
Only possible if the revised statute or code was
intended to cover the whole subject to be a
complete and perfect system in itself
A subsequent statute is deemed to repeal a
prior law if the former revises the whole subject
matter of the former statute. When both intent
and scope clearly evince the idea of a repeal, all
parts omitted from the revised act are deemed
repealed.
Where a new statute is intended to furnish the
exclusive rule on a certain subject
Other forms of implied repeal
o Most powerful implication of repeal is that which
arises when the later of two laws is expressed in the
form of a universal negative
o Repealing effects of affirmative/negative statutes
1) A: does not impliedly repeal prior law unless
intention to effect repeal is manifest
2) N: repeals all conflicting provisions unless
contrary intention disclosed
o Where something is enacted in general terms and
afterwards another is passed on the same subject
introducing special conditions or restrictions, former
statute regarding the matter covered by the
subsequent act considered repealed by implication
o Enactment of a statute on a subject whose purpose
or object is diametrically opposed to that of an earlier
law on the same subject, thereby depriving it of its
reason for being, prior law repealed by implication
General repealing provision = clause which predicates the
intended repeal under the condition that a substantial
conflict must be found on existing and prior acts of the
same subject matter; intent not to repeal any existing law
38
unless an irreconcilable inconsistency and repugnancy

exists
o Significance: presence indicates legislative intent to
repeal all prior inconsistent laws on the subject
matter, even if prior law is a special law unless the
general law contains a saving clause
o Later general law will ordinarily not repeal a prior
special law on the same subject as special law is
generally regarded as an exception
Repeals of statutes by implication are not favored.

Presumption against inconsistency and repugnancy.
Repeals by implication will not be decreed unless it
is manifest that the legislature so intended. Every
effort must be used to make all acts stand. If, by any
reasonable construction, they can be reconciled, the
later act will not operate as a repeal of the earlier.
As between two laws on same subject matter, that

which is passed later prevails since it is the latest
expression of legislative will
o Applies even if the later act is made to take effect
ahead of the earlier law
o Point of contention is passage, not effectivity
o Presumption: legislature knew older law and
intended to change it
General law usually does not repeal prior special law

unless legislature intended to do so
o Presumption against implied repeal even though the
terms of the general act are broad enough to include
the matter covered by the special statute
o Generalia specialibus non derogant = general law
does not nullify a specific or special law
o General law yields to the special law in the specific
and particular subject embraced in the latter,
irrespective of the date of passage
o Reason: special law evinces the legislative intent
more clearly than the general statute
o Special later? Qualification of the general one.
General later? Special law exception to its terms.
Special or general law repeals the other
o Where the later act is a special law, there is always a
partial repeal of the general law to the extent of the
repugnancy or exception
o General law when legislative intent is clear (general
repealing clause; language would be useless if special
law not repealed nor modified; so broad in its terms
and so clear and explicit in its words as to show that
it intended to cover the whole subject and displace
the prior statute, etc.)
o No prohibition against the repeal even by implication
of a special or specific act by a general or broad law,
just not favored kasi saying naman ang oras ng
legislature sa paggawa ng special law tapos i-re-

Mae Manalo
repeal mo lang kahit di naman ginusto ng legislature

i-repeal yung special law sa paggawa nila ng general
law
o Example: A charter must yield to the constitution and
general laws of the state. When a charter is enacted,
it is deemed to incorporate therein the general laws
affecting local governments. A chartered city is not an
independent sovereignty although its charter remains
supreme in all matters not purely local.
Effects of repeal
o Renders statute inoperative as of the date the
repealing act takes effect
o What a repeal does NOT do:
1) Statute was invalid from date of its enactment
2) Undo the consequences of the operation of the
statute while in force
3) Renders illegal what under the repealed act is legal or
vice versa
Effect on jurisdiction
o Repeal or expiration of statute granting jurisdiction
does not make decision subsequently rendered in
actions pending adjudication null and void for want of
authority unless otherwise provided
o Criminal cases: Jurisdiction previously acquired
cannot be ousted unless the contrary is provided,
express prohibitory words are used, or the criminal
law violated is itself repealed
Effect on actions, pending or otherwise
o General rule: repeal of a statute defeats all actions
and proceedings based on such statute, including
those still pending
o Appellate court will dispose of a question according
to the law prevailing at the time of disposition, not
according to law prevailing at the time the appealed
judgment was rendered
Effect on vested rights
o Repeal of statute does not destroy or impair rights
that accrued or vested under old law then in force
o Constitution forbids state from impairing vested
rights or obligations of contract by enacting or
repealing statutes except in the legitimate exercise of
police power
o Where a statute gives an appellant right to appeal
from adverse decision, repeal of such statute after
appeal has been perfected will not destroy his right
to prosecute the appeal nor deprive the appellate
court of the authority to decide the appealed case
Effect of repeal of tax laws
o Repeal does not preclude collection of taxes assessed
under the old law before it was repealed, unless
otherwise provided
o General rule: Repeal prospective
39
Effect of repeal and reenactment

o Reenactment neutralizes repeal and continues law in
force without interruption
o Simultaneous repeal and reenactment of statute
does not affect rights and liabilities accrued under
original statute
o Criminal cases: when reenactment of repealed law
not simultaneous (continuity broken), repeal deprives
court of its jurisdiction over violations of the old law
prior to its repeal
Effect of repeal of penal laws
o When repeal absolute such that crime no longer
exists or where the repealing statute wholly fails to
penalize the acts which constituted the offense in the
repealed law, court loses jurisdiction over violations
of repealed law
o Reason: repeal a legislative act of rendering legal
what is previously decreed as illegal
o Exceptions:
1) Where the repealing act reenacts the statute and
penalizes the same act previously penalized under
the repealed law
2) Where the repealing act contains a saving clause
providing that pending actions shall not be affected
Repeal vs. Expiration of law : Effects

o Absolute Repeal: crime is obliterated, stigma of
conviction for violation of penal law before its repeal
erased
o Expiration of criminal statute by its own force: ano
ka, sinuswerte? Ex-convict ka pa rin!
Effect of repeal of municipal charter
o General rule: Repeal of a charter destroys all offices
under it and puts an end to the functions of the
incumbents
Effect of repeal or nullity of repealing law
o When a law which expressly repeals a prior law is
itself repealed, the law first repealed shall not
thereby be revived, unless expressly so provided.
o Where a law which repeals a prior law by implication
is repealed, the prior law is revived
o unless the language of the repealing statute provides
otherwise.
o Where a repealing statute is declared
unconstitutional, it will have no effect of repealing
the former statute which will continue to remain in
force.
Brought to you by Kristine Mae Manalo

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A2015 Legal Method Finals Reviewer - Molo

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LEGAL METHOD

FINALS REVIEWER A2015

This was how Sir Molo depicted the way judges

HELD: NO. The agreement to pay equity is tantamount to

LEGAL METHOD Reviewer | Prof. John Molo | A2015

respondents. Petitioner sought to take the land back and

HELD: NO. The new case filed by the petitioner is barred

ISSUE: WON the RTC may decide on whether the debtor is

HELD: NO. The CA decision to award additional costs

Includes: Case number, Court

LEGAL METHOD Reviewer | Prof. John Molo | A2015

Testing done when a law is measured against a

Rational Basis Test

Compelling State interest test (Sherbert test from the

Free exercise to be able to exercise rights without

Free speech to be able to say or write anything or to

General Application that the law was not

LEGAL METHOD Reviewer | Prof. John Molo | A2015

Three branches of government, co-equals

The Court of First Instance of Manila declared

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presentation of protests against the election of any

imprisoned by the U.S. military in Guantanamo Bay. He

LEGAL METHOD Reviewer | Prof. John Molo | A2015

terror and detained them at the Guantanamo Bay Naval

If so, is the Military Commissions Act of 2006 a

Youngstown vs. Sawyer

LEGAL METHOD Reviewer | Prof. John Molo | A2015

are faithfully executed refutes the idea that he is to be a

Corruption among officials and employees is

LEGAL METHOD Reviewer | Prof. John Molo | A2015

Rational Relationship: the end sought and the

upon approval, or on any other date, without its previous

Philippine National Bank vs. Court of Appeals

LEGAL METHOD Reviewer | Prof. John Molo | A2015

Relevant law: The notices of sale on extra-judicial

Two lots located in Bulacan were mortgaged to

12, 1969 law states that it must be published

LEGAL METHOD Reviewer | Prof. John Molo | A2015

assigns to the different departments their

establishes certain fixed principles on which

Determine whether or not the text is clear and

Sarmiento vs. Mison

IBP vs. Zamora

Marcelino vs. Cruz

LEGAL METHOD Reviewer | Prof. John Molo | A2015

Facts: Petitioner claims that the three-month period

Legaspi vs. Minister of Finance

cannot be more exclusive now after the

Policy Matters & Self-Executing Provisions

LEGAL METHOD Reviewer | Prof. John Molo | A2015

direct expressions, or determining the

Purpose or Object of Construction

Held: EO only applies to administrative, not criminal

Brought to you by: Amirah Pealber

LEGAL METHOD Reviewer | Prof. John Molo | A2015

preamble which spelled out the events that led to the

4. Context of whole text

Sections of a statute which provide a

Intent or spirit of the law

10. Policy of Law

LEGAL METHOD Reviewer | Prof. John Molo | A2015

Definitions given by lexicographers are not

13. Consequences of various construction