STATUTORY CONSTRUCTION

Topic 1: Preliminary Consideration

CASES
Definition of Statutory Construction
Caltex [Philippines] Inc. vs. Palomar 18 SCRA 247
When not necessary to interpret or construct a law
Request of Judge Tito G. Gustilo that the second 25% grant of the special allowance for judges be included in the
computation of his retirement benefits (A.M. No. RTJ-04-1868, August 13, 2004)
Director of Lands vs. Court of Appeals (G.R. No. 102858, July 28, 1997)
People of the Philippines vs. Mario Mapa Y. Mapulong (No. L-22301, August 30, 1967)
People of the Philippines vs. Patricio Amigo (G.R. No. 116719, January 18, 1996)
Definition of Ambiguity
Tarlac Development Corporation vs. Court of Appeals, L-41012, September 30, 1976)
Topic 2: LAW, ITS CONCEPT AND CLASSIFICATION
Law
Broad sense (generic sense) refers to the whole body or system of law
Strict sense (concrete sense) a rule of conduct formulated and made obligatory
Rule of conduct or action prescribed or formally recognized as bending or enforced by a controlling authority as
a command or provision enacted by a legislature or as something authoritatively accorded binding or controlling
effect in the administration of justice
it includes statutes enacted by the legislature, presidential decrees and executive orders issued by the president
in the exercise of his ordinance power, rulings of the supreme court construing the law, rules and regulations
promulgated by administrative or executive officers pursuant to a delegated power, and ordinances passed by
sanggunians of local government units.
Elements of a Law
1. Rule of conduct that shall serve as guide for individuals
2. Just and fair to approximate ultimate end/aim of law which is justice
3. Obligatory and should be enforced
4. Promulgated by competent authority so that people be obliged to follow
5. Ordained for common good and should be equally applied to all regardless of ones political beliefs,
religion or status in life. In accordance with Salus Populi Suprema Lex Esto Let the good of the
people be the supreme law.
Classification of Law
1. Natural Law derives its force and authority from God. It is completely superior from all other laws
a. Physical Law universal law of action that governs the conduct and movement of things
which are non-free and material
b. Moral Law set of rules which establishes what is right and wrong as dictated by the human
conscience
c. Divine Law
i. Divine Positive Law eg. The 10 Commandments
ii. Divine Human Positive Law commandments of the church promulgated by church
authorities
2. Human Positive Law - is promulgated by competent human authority for common good and usually
carries with it provisions providing sanctions in case of violations

Escalante, Lezlee Amor R.

STATUTORY CONSTRUCTION
a.

In accordance to force and effect

i. Mandatory and/or Prohibitory or those that to be complied with because they are
expressive of public policy. Disobedience is punished
ii. Permissive or Suppletory Law are those that may be deviated from if the individual
so desires and is not obligatory
b. According to scope or content of Law
i. Public Law is that which governs the relationship of individuals to the state or the
ruler or the community as a whole
1. Political Law
2. Criminal Law
3. Taxation
ii. Private Law is that which regulates the relations of the members of a community
with one another
1. Civil Law
2. Labor Law
3. Commercial Law
c. According to whether what is given or merely rules of implementation provided for
i. Substantive Law which establishes rights and duties
ii. Remedial Law which is the manner of enforcing legal rights and claims
Sources of Law
a. Legislation - (or "statutory law") is law which has been promulgated (or "enacted") by a legislature or
other governing body, or the process of making it.
b. Precedent
a. Doctrine of stare decisis
A doctrine or policy of following rules or principles laid down in previous judicial decisions
unless they contravene the ordinary principles of justice
Department of Transporatation and Communication vs. Cruz (G.R. No. 178256, July 23, 2008)
b.

c.
d.

Article 8, New Civil Code

Art. 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part
of the legal system of the Philippines. (n)
Custom; Requisites
Court Decisions

Statutes
is an act of the legislature as an organized body, expressed in the form, and passed according to the procedure,
required to constitute it as part of the law of the land.
Statutes enacted by the legislature are those passed by the Philippine Commission, the Philippine Legislature, the
Batasang Pambansa and the Congress of the Philippines
Other laws with the same category are presidential decrees issued during the martial law and executive orders
issued by the President under the revolutionary period.
Bill vs. Statute
A bill is a proposed legislative measure introduced by a member or members of Congress for enactment into law.
Bill is the draft of a proposed law from the time of its introduction in a legislative body through all the various
stages in both houses. It is enacted into law by a vote of the legislative body. An Act is the appropriate term
for it after it has been acted on and passed by the legislature. It then becomes a statute, the written will of the
legislature solemnly expressed according to the form necessary to constitute it as the law of the state.
Statute Law is a term often used interchangeably with the word statute. Statute Law, however, is broader in
meaning since it includes not only statute but also the judicial interpretation and application of the enactment.

Escalante, Lezlee Amor R.

STATUTORY CONSTRUCTION
HOW DOES A BILL BECOMES A LAW STEPS
A bill before it becomes a law must pass the strict constitutional requirements explicit both in the 1973
Constitution and the 1987 Constitution.
Passage of a bill in a parliamentary system (unicameral assembly):
a. A member of the National Assembly may introduce the proposed bill to the Secretary of the
National Assembly who will calendar the same for the first reading.
b. In the first reading, the bill is read by its number and title only.
c. After the first reading, the bill is referred by the Speaker to the appropriate committee for
study. At this stage, the appropriate committee will conduct public hearings. Then after the
public hearings, the committee shall decide whether or not to report the bill favorably or
whether a substitute bill should be considered. Should there be an unfavorable report of the
committee, then the proposed bill is dead.
d. Upon favorable action by the committee, the bill is returned to the National Assembly and shall
be calendared for the second reading.
e. In the second reading, the bill is read in its entirety.
f. Immediately after the second reading, the bill is set for open debates where members of the
assembly may propose amendments and insertions to the proposed bill.
g. After the approval of the bill in its second reading and at least three (3) calendar days before its
final passage, the bill is printed in its final form and copies thereof distributed to each of the
members.
h. The bill is then calendared for the third and final reading. At this stage, no amendment shall be
allowed. Only the title of the bill is read and the National Assembly will then vote on the bill.
Under the present 1987b Constitution, after the third and final reading at one House where the
bill originated, it will go to the other House where it will undergo the same process.
i. After the bill has been passed, it will be submitted to the Prime Minister (President) for
approval. If he disapproves, he shall veto it and return the same with his objections to the
National Assembly (House where it originated), and if approved by two-thirds of all its
members, shall become a law. Under the present set-up, if the originating house will agree to
pass the bill, it shall be sent, together with the objections to the other house by which it shall be
likewise be considered and must be approved by two-thirds of the votes. Every bill passed by
Congress shall be acted upon by the President within thirty (30) days from receipt thereof.
Otherwise, it shall become a law.
CONSTITUTIONAL TEST IN THE PASSAGE OF A BILL
Three (3) very important constitutional requirements in the enactment of statute:
1.

2.
3.

Every bill passed by Congress shall embrace only one subject which shall be expressed in the title
thereof. The purposes of this constitutional requirements are:
a. To prevent hodge-podge or log-rolling legislation;
b. To prevent surprise or fraud upon the legislature; and
c. To fairly apprise the people, through such publications of legislative proceedings as is usually
made, of the subjects of legislation that are being considered, in order that they may have
opportunity of being heard thereon by petition or otherwise, if they shall so desire.
No bill passed by either House shall become law unless it has passed three readings on separate days,
and printed copies thereof in its final form have been distributed to each member three days before its
passage.
Every bill passed by the Congress shall, before it becomes a law, be presented to the President. The
executive approval and veto power of the President is the third important constitutional requirement in
the mechanical passage of a bill.

PARTS OF STATUTE

Escalante, Lezlee Amor R.

STATUTORY CONSTRUCTION
Title the heading on the preliminary part, furnishing the name by which the act is individually known. It is
usually prefixed to the statute in the brief summary of its contents.
Preamble part of statute explaining the reasons for its enactment and the objects sought to be accomplished.
Usually, it starts with whereas.
Enacting clause part of statute which declares its enactment and serves to identify it as an act of legislation
proceeding from the proper legislative authority. Be enacted is the usual formula used to start this
clause.
Body the main and operative part of the statute containing its substantive and even procedural provisions.
Provisos and exceptions may also be found.
Repealing Clause - announces the prior statutes or specific provisions which have been abrogated by reason of
the enactment of the new law.
Saving Clause restriction in a repealing act, which is intended to save rights, pending proceedings, penalties,
etc. from the annihilation which would result from an unrestricted repeal.
Separability Clause provides that in the event that one or more provisions or unconstitutional, the remaining
provisions shall still be in force.
Effectivity Clause announces the effective date of the law.
KINDS OF STATUTES
Kinds of Statutes
1. Private statute is one which applies only to a specific person or subject
2. Public statute is one which affects the public at large or the whole community
a. General or one which applies to the whole state. It affects the community at large. That which
affects all people of the state or all of a particular class.
b. Special or one which relates to particular persons or things of a class. Designed for a particular
purpose, or limited in range or confined to a prescribed field of action on operation.
c. Local is one with operation confined to a specific law or locality. Relates or operates over a
particular locality instead of over the whole territory of the state.
According to duration, a statute may be:
1. Permanent one whose operation is not limited in duration but continues until repealed
2. Temporary statute with duration limited on the time fixed on the statute itself or whose life ceases
upon the happening of an event
Others:
Remedial Statute providing means or method whereby causes of action may be affectuated, wrongs redressed
and relief obtained.
Curative Statute a form of retrospective legislation which reaches back into the past to operate upon past
events, acts or transactions in order to correct errors and irregularities and to render valid and effective many
attempted acts which would otherwise be ineffective for the purpose intended.
Penal Statute defines criminal offenses specify corresponding fines and punishments.
Prospective Law applicable only to cases which shall arise after its enactment.

Escalante, Lezlee Amor R.

STATUTORY CONSTRUCTION
Retrospective Law looks backward or contemplates the past; one which is made to affect acts or facts
occurring, or rights occurring, before it came into force.
Affirmative Statute directs the doing of an act, or declares what shall be done in contrast to a negative statute
which is one that prohibits the things from being done, or declares what shall not be done.
Mandatory Statutes generic term describing statutes which require and not merely permit a course of action.
CONCEPT OF VAGUE STATUTES
Statues or act may be said to be vague when it lacks comprehensible standards those men of common
intelligence must necessarily guess at its meaning and differ as to its application.
Statute is repugnant to the Constitution in two (2) respects:
1. It violates due process for failure to accord persons fair notice of conduct to avoid; and
2. It leaves law enforcers unbridled discretions.
The Supreme Court held that the vagueness doctrine merely requires a reasonable degree of certainty for the
statute to be upheld--- not absolute precision or mathematical exactitude. Flexibility, rather than meticulous
specificity, is permissible as long as the metes and bounds of the statute are clearly delineated

Escalante, Lezlee Amor R.