Statutory Construction Notes (Chapter 3 and Chapter 4)

dying then you stated in your last will and

testament, then you really died and now
your heirs imong mga sumusunod wanted
to share that property. They cant do that
just yet even if theres a last will and
testament. It needs to be approved by the
court. Thats what we call Probate
Proceedings. In probate proceedings, it
must be established that the last will and
testament followed the formalities of a
will. If you cannot follow that, in case of
doubt, the construction is always against
the validity of the will because the
decedent is already dead he cannot
defend for himself, he cannot speak for
himself because.dead men tell no tale.
Patay na, unsaon ta man?ok.)

CHAPTER 3: CARDINAL RULES OF

CONSTRUCTION
(#Okay, cardinal rule, of course the only or we
need to construe a law to ascertain legislative
thats the number cardinal rule.)

Ascertain legislative intent

- Statute as a whole
- Not isolated part or provision
- Once known, no other choice but to
apply it
#so if the language is clear, there is no
need to ascertain legislative intent
because when we say to ascertain
legislative intent, in other words there is
ambiguity. No need to ascertain if theres
no ambiguity. Once clear, no other choice
but to apply it literally.
- If transparent, construction dispensed
with
Factors to consider when to liberally or
strictly construe a statute
- Former law on the matter
- Persons or matters with which it deals
- Letter or language of the law
- Purposes and objects of the statute

Naturalization laws, how construed

- In case of doubt, strictly construed in
favor of the government against the
applicant (#just remember, why do we
naturalized? Somebody else wants to
become a Filipino and pila na ta ka
pilipino? 100 million. Pila nana ka
badlungon dira dugangan pag is aka
badlungon,
diba?
So,
thats
why
naturalization laws against the applicant.)

Statutes in derogation (#if it is about

common rights, remember that you are a plain
citizen, individual, powerless defenseless against
the state. There is a law that takes away
something from your rights. When you construe
in case of doubt, the construction should be in
your favor and against the statute that derogates
your common rights) of

common rights, how construed

- In case of doubt
- Strictly construed against the law
- In favor of common rights
Common rights, example
- Personal liberty
- Property
- Freedom of contract
- Exercise of any trade or profession
Statutes prescribing formalities of wills,
how construed
- In case of doubt (#so if you are
confronted with the problem decide first
whether or not there is doubt, if no doubt
go directly to the literal interpretation, no
need for construction), strictly construed

against the validity of the will since

the testator is already dead (#do you
understand this concept? Okay, youre

dead men tell no tale

Failure to comply with required written
formalities
Fatal
The will cannot be admitted to probate

Requirements for naturalization must

be complied to the letter to ensure
that undesirable
aliens are not
naturalized

Statute conferring rights of eminent

domain, how construed (#again, this is
about the will of individual against the entire
resources of the government. If something is
taken away from you by the government.
Eminent domain, taking away
of private property for public use upon payment
of just compensation.)

In case of doubt, against the

government (#because the people are
plain
individual,
powerless
and
defenseless. So, there must be a law that
somehow rescues or protects you.)

It derogates private rights to property

and ownership

Statues granting rights to laborer, how

construed
- In case of doubt, liberally construed in
favor of labor

Statutory Construction Notes (Chapter 3 and Chapter 4)

-

Labor law is social legislation (#we are

talking here about social justice. Ok, the
labor code is social legislation.)

An ex post facto law is any of the

following: (#study, sir might make situations
out of these)

Statutes granting tax exemption, how

construed
- In case of doubt, strictly against the
taxpayer
- Taxation is the lifeblood of the
government (#No taxes, no money in the
government.
NOTHING
TO
HAHAHAHA. Make sense. Lol)

STEAL!!!

Prospective
and
retrospective
interpretation, distinguished
Prospective applies to such facts and
causes after its enactment
Retrospective applies to such facts
and causes before its enactment
General rule statutes are construed
prospectively unless clearly stated
otherwise in the statute
In case of doubt
Resolved against retrospective effect
In favor of prospective construction

Retrospective application of law, effect

- Takes away or impair
- Vested
rights
(#vested,
meaning,
-

nahatag na sa imo)

Acquired under existing laws,

Creates new obligations
Imposes new duties
Attaches disability in respect of
transactions or consideration
Already past (#humana man, you cannot
disturb the past anymore. You have moved
on.
So
dont
revisit
the
past!
Hahahahahaha)

Section 22, Article III of 1987

Constitution
No ex post facto law or bill of attainder
shall be enacted (#remember that you
said congress can legislate anything under
the
sun
BUT
subject
to
certain
exceptions/limitations. And these are the
exceptions provided in the constitution.
They cannot legislate ex post facto law.
They cannot even do bill of attainder.)

aggravates the situation of the accused.)

A 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

Test whether the ex post facto clause of

the Constitution is violated
Does the retroactive application of the
law take form the accused any right
that was regarded at that time as vital
for the protection of life and liberty?
(#if you take away something from this,
thats going to be ex post facto law.)

Ex post facto law and bill of attainder

(#sometimes, maglibog ta asa ani nila, which is
which. Okay, just remember that if ex post facto
law there is ex meaning niagi na so retroactive
effectivity. Bill of attainder is what? Not really
prospective but, it inflicts punishment without the
benefit of judicial trial.)

A law which makes criminal an act

done before the passage of the law
and which was innocent when done,
and punishes such act
A law which aggravates a crime, or
make it greater than it was, when
committed
A law which changes the punishment
and inflicts a greater punishment than
that annexed to the crime when
committed
A 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
A law which assumes to regulate civil
rights or remedies only, but in effect
imposes penalty or deprivation of a
right for something which when done
was lawful (#bottom line here is, if it

Scope of prohibition against ex post

facto law
Applies only to criminal or penal
matters
Not to laws which concern civil
proceedings generally (#but sometimes

in procedural matters, it can be done.)

Which affect or regulate civil or private

rights or political privilege (#first
premise, you cannot pass an ex post facto
law, but that ex post facto law is
applicable only to criminal cases, EXCEPT
if favorable to the accused.)

Ex post facto law prohibited, exception

- If it favors the accused
Exception to the exception

Statutory Construction Notes (Chapter 3 and Chapter 4)

-

If the accused is a habitual delinquent

Statute provides it does not apply to
existing statutes or pending cases (#in
other words, the statute specifically says,
it does not apply)

Where the accused disregards the

latter law and invokes the prior statute
under which he was prosecuted

(#nagbuot-buot siya, he disregarded the

present law and he wanted to invoke the
old law. So, now, naunay sya. Again,
exception to the exception if theres a
general rule followed by the exception
then theres the exception to the
exception, you go back to the general rule.
Ok?)

of

when we say bill of attainder, it is

associated with death penalty. Any penalty
lower than death..meaning buhi paka mao
ni ang bill of pains and penalties)

Verba legis or plain meaning rule

- Where the statute is clear, plain and
free from ambiguity
- It must be given its literal meaning
- And applied without interpretation
(#always remember, only in case of doubt you
construe)

Index animi sermo est

- Speech is the index of intention (#in
other words, what is in your mind comes
out in your mouth. But not all the time.
dba?

Dura lex sed lex

- The law may be harsh, but it is still the
law
Ratio legis
- In construing a statute, the court looks
into the spirit of and reason for the law
- If adherence to the letter of the law
leads
to
absurdity,
injustice,
contradictions or defeat the plain
purpose of the law
- ratio legis applies
- Apparent inaccuracies and mistakes in
mere verbiage or phraseology will be
overlooked to give effect to the spirit

(#again,

this

is

liberal

SACADAS. The case of social justice when

the court decided to look beyond the
words of the law and went to the intent to
serve its purpose which was social justice
to the SACADAS)

CHAPTER 4: PARTICULAR RULES OF

CONSTRUCTION

law

Mens legislatories
Courts look into the following:
-object to be accomplished
-evils and mischief to be remedied
-purpose to be subserved
Statute liberally construed to serve its
purpose
Even if its literal interpretation says
otherwise (#remember the case of the

Bill of attainder, defined

Legislative
act
which
inflicts
punishment without judicial trial (#and

Bill of pains and penalties, defined

If the punishment be less than death

the

interpretation)

When the language of a particular

provision of law admits of two
interpretation
The one that gives effect to the intent
must be followed
Statutes must be construed to avoid
injustice

Ejusdem generis
Where general term follows particular
things, the general term is construed
to include those things or persons of
the same class as those specifically
enumerated
Example: Trustees, agents, attorneys
at laws and other persons
other persons only such persons in
similar position of trust like guardians
Ejusdem generis, purpose
Gives effect both specific and
general words
Particular words indicate the class and
the general includes all embraced in
said class although not specifically
named (#bottom line here is that,
because of ejusdem generis you need not
enumerate everything in the law because
theres a possibility that when you try to
enumerate everything you might forget
something. Ok?)

Reddendo singular singulis

Doctrine of Collocation
Association between two words that
are typically or frequently used
together
Where the sentence has several
antecedents and consequents, they
are to be read distributively

Statutory Construction Notes (Chapter 3 and Chapter 4)

Antecedent a word or phrase that a

subsequent or consequent word refers
to
Consequent a word or phrase that an
antecedent word precedes
Example: Statutory Construction is an
easy subject, but the Professor
somehow makes it difficult.
Distributive refers to each member
of
the
group
individually
and
separately
Examples of distributive words: each
every and either
Statutory Construction is an easy
subject, but then the Professor
somehow makes it difficult. Each
student enrolled in the class may
either pass or fail, without fear or
favor.

Expression unius est exclusion alterius

Mention of one things implies the
exclusion of another
Example: Female law students are
required to wear uniform on a
Monday.

Noscitur a sociis

Meaning of particular terms in a

statute mat be ascertained but the
reference to words
Associated with or related to them in
statute

Casus omissus
- Words of phrases may be supplied by
the courts and inserted in a statute
- Where it is necessary to eliminate
repugnancy and inconsistency to
complete the sense and give effect to
the intent
- Used to supply omissions caused by
clerical
errors,
by
accident
or
inadvertence
Casus omissus, conditions for application
- Only of it is palpable (#manifest)
- And the omitted words are plainly
indicated in the context (#what do you

understand with context? Kabantay mo

anang nay mangutana ninyo unsay
meaning sa word nga kani? you know the
meaning but you cannot articulate it then
the next that you do is gamita sa
sentence. Pag gamit sa sentence you now
understand because there is now a
context.)

Or verifiable from other parts of the

statute