STATUTORY CONSTRUCTION REVIEWER FOR ALCANTARA KASEY VILLORDON, BLOCK 1BB, UST CIVIL LAW I.

STATUTES AND THEIR ENACTMENT A. DEFINITION OF TERMS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. STATUTE: The written law of the legislature STATUTE LAW: Includes judicial interpretation and application of enactment PUBLIC ACT: Affects the community at large PRIVATE ACT: Confined to particular individuals GENERAL LAW: Relates to persons, entities or things as a class SPECIAL LAW: Relates to particular persons, entities or things of a class LOCAL ACT: Operation in confined within territorial limits REMEDIAL LAW: Reform or extend existing rights CURATIVE: Cures irregularities in judicial or administrative proceedings PENAL STATUTE: Act which poses a penalty for the transgression of its provision REMEDIAL STATUTES: Abridge superfluities of former laws and remedy defects MANADATORY: Non compliance will render proceedings related to it void DIRECTORY: Non compliance will not render proceedings void PERMISSIVE STATUTE: Allows certain acts to be done without commanding that it be performed PROHOBITIVE STATUTES: Forbids the doing or certain actions PERCEPTIVE STATUTE: Commands doing of certain acts; regulates manner of performance AFFIRMATIVE STATUTE: Couched in positive terms NEGATIVE STATUTE: Couched in negative terms ADOPTED STATUTE: Borrowed wholly or in part by one state to another REENACTED STATUTE: Passed in substantially the same language as prior one PROSPECTIVE STATUTE: Regulates acts taking place after it takes effect RETROSPECTIVE/RETROACTIVE ACT: Affects acts already committed REFERENCE STATUTE: Refers to others statues and makes them applicable to the new subject of legislation DECLATORY STATUTE: Corrects a construction considered erroneous by the legislature PERMANENT ACT: Operation not limited to a particular period of time; continues in force until repealed or altered TEMPORARY ACT: Duration is fixed for a special period of time REPEALING: A law which terminates another statute AMENDATORY: Changes the original law so to effect an improvement

B. PARTS OF A STATUTE 1. Title: a. CONSTITUTIONAL PROVISIONS ON TITLES ART 6 SEC 26 P1 : Prevents duplicity in legislation and log-rolling legislation (LOGROLLING LEGILATION: mischievous legislative practice embracing in one bill distinct matters) NOTE: SUFFICIENY IN TITLE IS SATISFIED IF ALL PARTS OF THE LAW RELATE TO THE SUBJECT IN THE TITLE. NOT NECESSARY THAT TITLE BE AN INDEX OF ITS CONTENTS. GENERAL SUBJECT AND ALL PROVISIONS OF THE STATUE ARE

STATUTORY CONSTRUCTION REVIEWER FOR ALCANTARA KASEY VILLORDON, BLOCK 1BB, UST CIVIL LAW GERMANE O THE GENERAL SUBJECT (EVEN IF SUBJECT IS NOT IN TITLE, AS LONG AS IT IS GERMANE TO A SUBJECT MATTER EXPRESSED IN THE TITLE) 2. Preamble -States the reasons the enactment. Not an essential part of the statue 3. Enacting Clause -indicates the authority which promulgated the enactment -clothes the statute with a certain dignity as it commands respect and aid in the aid or enforcement od laws. 4. Body -contains the subject matter of the statute -sometimes divided into article , titles, chapters and sections (although its not a requirement) * SUGGESTIONS IN DRAFTING STATUTES: -Long sentences should be avoided -Language is written in the present tense - A phrase should never be used if there is a word in its exact equivalent -Repetitions, rhetorical flourishes, and ornamentation should be avoided -Words like said, aforesaid, whatever should not if possible used -Definitions are placed in the beginning 5. Provisos - Clause added to an enactment - Purpose is to act as a qualification of the generality of the language which it allows - Usually starts with provided 6. Exceptions -Exempts something which would fall within the general words of the statue 7. Interpretative Clause -Legislature defines its own language or prescribes rules for its construction 8. Repealing Clause -Announces legislative intent to terminate another statute 9. Saving Clause -Restricts a repealing act 10. Separability Clause -States that if for any reason, any section or provision of a statute is held unconstitutional, no other section or provision of the law shall be affected 11. Date of Effectivity -States when such law shall take effect

STATUTORY CONSTRUCTION REVIEWER FOR ALCANTARA KASEY VILLORDON, BLOCK 1BB, UST CIVIL LAW

C. ENACTMENT OF A STATUTE 1. ART 6 SECTION 26 P2 (3 READINGS RULE) 2. ART 6 SECTION 27 (VETO POWER OF THE PRESIDENT) 3. ENROLLED BILL THEORY -A copy of the bill as passed which is prepared for the signature of the Presiding officers of both houses and the president. Tolentino v Secretary of Finance (case relevant to this subject matter) Facts: Petitioners assailing the constitutionality of RA 7716 (E-VAT Law) which seeks to widen the tax base of the existing VAT system (levied on the sale, barter, or exchange of goods and properties and on the exchange/sale of services; equivalent of 10% of the gross selling price or gross value). Issues: 1. Procedural: Does it violate Art 6, Sec 24 & Art 6 Sec 26(2) of the Constitution? What is the extent of the power of Conference Committees? 2. Substantive: Does it violate Art 6 Sec 28(1) & (3) of the Constitution? Held/Ratio: DISMISSED! 1. Art 6 Sec 24 bill originated from the House of Reps Art 6 Sec 26(2) President certified the Senate bill as urgent Conference Committee It is within their power to include an entirely new provision not found in the House or Senate bill as long as it is germane to the subject of the bills of the committee. After all, its report is not final and would need the approval of both Houses. Which it did. 2. Art 6 Sec 28(1) & (3): Tax burden, according to respondents, is actually distributed to as many goods & services as possible particularly those within the reach of higher-income groups. D. RESOLUTIONS -Legislative expression on some given matter -Not submitted to the President for approval -May be simple, concurrent or joint 1. SIMPLE RESOLUTION: Formalized motion passed by a majority or single legislative chamber : Usually to create committees or express recognition or extend sympathy or establish rules concerning internal affairs of the chamber

2. CONCURRENT RESOLUTION: Reflects the opinion of the entire legislative body 3. JOINT RESOLUTION: Passed by both chambers of legislature in joint session E. ORDINANCES -Legislative act passed by a local government unit

STATUTORY CONSTRUCTION REVIEWER FOR ALCANTARA KASEY VILLORDON, BLOCK 1BB, UST CIVIL LAW

F. CODES AND COMPILATIONS 1. Code: restatement of the whole of the general law of a state 2. Compilation: Does not bring about alteration of existing statutory law II. INTERPRETATION AND CONSTRUCTION IN GENERAL A. CONCEPT OF INTERPRETATION AND CONSTRUCTION Process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case 1. CONSTRUCTION: Process of drawing conclusions which lie beyond the direct expression of the text 2. INTERPRETATION: Limited to exploration One who interprets makes use of intrinsic aids (found in the statute itself), one who construes uses extrinsic aids (found beyond the written language of the law) One must interpret before he construes. One must exhaust intrinsic aids before resorting to extrinsic aids. B. PURPOSE IF INTERPRETATION AND CONSTRUCTION Ascertain and give effect to the legislative intent C. NECESSITY OF INTERPRETATION AND CONSTRUCTION Utilized in times wherein there is ambiguity in a statute When the language is obscure in relation to a set of facts or reasonable minds disagree in the meaning Ambiguity: doubtfulness of meaning : Not only in the meaning of particular words, also when the legislature has enacted two or more statutes which are inconsistent or literal interpretation would lead to absurd consequences. *Perfectly vague act: Prima facie obscure * Less Restrictive alternative doctrine -searches for alternatives available to the government outside of statutory limits or for less drastic means open to the State, that would render the statute unnecessary D. WHEN INTERPRETATION AND CONTRUCTION IS NOT NECESSARY - ABSOLUTA SENTENTIA EXPOSITORE NON INDIGET - Where the law speaks in clear and categorical language, there is no room for interpretation and construction only application E. LEGISLATIVE INTENT -What the legislative meant by the use of the language contained in the statue -ESSENCE OF THE LAW -REASON OF THE LAW IS ITS SOUL (RATIO LEGIS EST ANIMA LEGIS) F. LEGISLATIVE PURPOSE -The reason why legislature passed a particular enactment -NOT INTENT: intent should be placed upon the words used in the statute

STATUTORY CONSTRUCTION REVIEWER FOR ALCANTARA KASEY VILLORDON, BLOCK 1BB, UST CIVIL LAW G. AUTHORITY AND DUTY OF THE COURTS TO INTERPRET AND CONSTRUE THE LAW -Judicial department is the appropriate organ for construing the legislative acts of the gov. -Rules of construction or interpretation not mandatory upon the courts; latter are at liberty to disregard them

H. DUTY OF THE COURT WHEN LAW IS CLEAR -Fundamental duty of the court is the application of the law according to its express terms, interpretation being called only when such literal application is impossible. I. SPRIRT AND LETTER OF THE LAW - Conscience and equity should always be considered in the construction of statutes (JUS ARS BORI ET AEQUI) - The spirit must prevail over its letter, especially if adherence to the latter would result in absurdity and injustice (RATIO LEGIS) - Within the latter if the statute, if without the spirit, will not come within its operation(CESSANTE RATIONI LEGIS, CESSAT ET IPSA LEX) EFFECT OF INTERPRETATION OR CONSTRUCTION OF STATUTES -ART 8 CIVIL CODE (STARE DECISIS) -American decisions are not controlling in the Philippines

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III.

INTERPRETATION AND CONSTRUCTION IN RELATION TO LANGUAGE OF STATUTE -It is the legislative intent manifested in the statute that is of importance, and such intent must be determined primarily from the language of the statue which affords the best means for its exposition -It may be harshly worded and cause hardship, but it must be administered in accordance to its express terms (DURA LEX SED LEX)