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CHAPTER ONE: Statutes general applies to the

whole state and operates


IN GENERAL throughout the state alike
upon all people or all of a
Laws, generally class.
A whole body or system of Special relates to
law particular person or
Rule of conduct formulated things of a class or to a
and made obligatory by particular community,
legitimate power of the state individual or thing.
Includes RA, PD, EO Local Law operation is
(president in the ex of confined to a specific
legislative power), place or locality (e.g
Presidential issuances municipal ordinance)
(ordinance power) Private applies only to a
Jurisprudence, ordinances specific person or subject.
passed by sanggunians of
local government units. Permanent and temporary statutes
Permanent - one whose
Statutes, generally operation is not limited in
An act of legislature duration but continues until
(Philippine Commission, Phil. repealed.
Legislature, Batasang Temporary - duration is for a
Pambansa, Congress) limited period of time fixed in
PDs of Marcos during the the statute itself or whose life
period of martial law 1973 ceases upon the happening of
Constitution an event.
EO of Aquino revolutionary o E.g. statute answering to
period Freedom Constitution an emergency

Public affects the public Other classes of statutes


at large Prospective or retroactive
accdg. to application
Declaratory, curative, Sangguniang barangay, bayan,
mandatory, directory, panglungsod, panlalawigan
substantive, remedial, penal only within respective
accdg. to operation jurisdiction ordinances
According to form Administrative or executive
o Affirmative officer
o Negative Delegated power
Issue rules and
Manner of referring to statutes regulations to implement
Public Acts Phil a specific law
Commission and Phil
Legislature 1901- 1935 Congress legislative power
Commonwealth Acts 1936- The determination of the
1946 legislative policy and its
Republic Acts Congress formulation and promulgation
1946- 1972, 1987 ~ as a defined and binding rule
Batas Pambansa Batasang of conduct.
Pambansa Legislative power - plenary
Identification of laws serial except only to such limitations
number and/or title as are found in the
constitution

Procedural requirements, generally


Provided in the constitution
ENACTMENT OF STATUTES (for Bills, RA)
Provided by congress
Legislative power, generally enactment of laws
Power to make, alter and Rules of both houses of
repeal laws congress (provided also by
Vested in congress 1987 the Constitution)
Constitution
President 1973 & Freedom Passage of bill
(PD and EO respectively)
Proposed legislative measure calendar for second
introduced by a member of reading
congress for enactment into Second reading bill is read
law in full (with amendments
Shall embrace only one proposed by the committee)
subject which shall be unless copies are distributed
expressed in the title and such reading is dispensed
Singed by authors with
File with the Secretary of the o Bill will be subject to
House debates, motions and
Bills may originate from amendments
o Bill will be voted on
either lower or upper House
o A bill approved shall be
Exclusive to lower house
included in the calendar
Appropriation
of bills for 3rd reading
Revenue/ tariff bills
Third reading bill approved
Bills authorizing increase
on 2nd reading will be
of public debt submitted for final vote by
Bills of local application yeas and nays,
Private bills Bill approved on the 3rd
After 3 readings, approval of reading will be transmitted to
either house (see Art 6 Sec 26 the Other House for
(1)) concurrence (same process as
Secretary reports the bill for the first passage)
first reading o If the Other House
First reading reading the approves without
number and title, referral to amendment it is passed
the appropriate committee for to the President
study and recommendation o If the Other House
Committee hold public introduces amendments,
hearings and submits and disagreement arises,
report and differences will be settled
recommendation for by the Conference
Committees of both vetoed bill is repassed by
houses congress by 2/3 votes of all
o Report and its members, each house
recommendation of the 2 voting separately.
Conference Committees
will have to be approved Appropriations and revenue bills
by both houses in order Same as procedure for the
to be considered pass enactment of ordinary bills
President Only difference is that they
o Approves and signs can only originate from the
o Vetoes (within 30 days Lower House but the Senate
after receipt) may propose/ concur with the
o Inaction amendments
If the President vetoes send Limitations of passage (as per
back to the House where it Constitution) Art 6 Sec. 27 (2)
originated with o congress may not
recommendation increase the
o 2/3 of all members appropriation
approves, it will be sent recommended by the
to the other house for President XXX
approval o particular appropriation
o 2/3 of the other house limited
approves it shall o procedure for Congress
become a law is the same to all other
o If president did not act department/ agencies
on the bill with in 30 (procedure for approving
days after receipt, bill appropriations )
becomes a law o special appropriations
Summary : 3 ways of how a national treasurer/
bill becomes a law. revenue proposal
President signs o no transfer of
inaction of president with in appropriations xxx
30 days after receipt authority to augment
o discretionary funds for and the Senate President and
public purposes approved by the President
o general appropriations Importing absolute verity and
bills when re-enacted is binding on the courts
o President my veto any o It carries on its face a
particular item/s in an solemn assurance that it
appropriation revenue, or was passed by the
tariff bill. assembly by the
legislative and executive
Authentication of bills departments.
Before passed to the President Courts cannot go behind the
Indispensable enrolled act to discover what
By signing of Speaker and really happened
Senate President o If only for respect to the
legislative and executive
departments
Unimpeachability of legislative Thus, if there has been any
journals mistake in the printing of the
Journal of proceedings bill before it was certified by
Conclusive with respect to the officer of the assembly
and approved by the Chief
other matters that are required
Executive, the remedy is by
by the Constitution
amendment by enacting a
Disputable with respect to all
curative legislation not by
other matters judicial decree.
By reason of public policy, Enrolled bill and legislative
authenticity of laws should journals - Conclusive upon the
rest upon public memorials of courts
the most permanent character
If there is discrepancy
Should be public
between enrolled bill and
journal, enrolled bill prevails.
Enrolled bill
Bills passed by congress
authenticated by the Speaker
Withdrawal of authentication, and those concerned of
effect of the import of the single
Speaker and Senate President subject.
may withdraw if there is
discrepancy between the text Purposes of requirement (on 1
of the bill as deliberated and subject)
the enrolled bill. Principal purpose: to apprise
Effect: the legislators of the object,
o Nullifies the bill as nature, and scope of the
enrolled provision of the bill and to
o Losses absolute verity prevent the enactment into
o Courts may consult law of matters which have not
journals received the notice, action and
study of the legislators.
o To prohibit duplicity in
PARTS OF STATUTES legislation
In sum of the purpose
Title of statute o To prevent hodgepodge/
Mandatory law - Every bill log-rolling legislation
passed by Congress shall o To prevent surprise or
embrace only one subject fraud upon the legislature
which shall be expressed in o To fairly apprise the
the title thereof (Art 6, Sec 26 people, through
(1) 1987 Constitution) publication of the
2 limitations upon legislation subjects of the legislation
o To refrain from o Used as a guide in
conglomeration, under ascertaining legislative
one statute, of intent when the language
heterogeneous subjects of the act does not
o Title of the bill should be clearly express its
couched in a language purpose; may clarify
sufficient to notify the doubt or ambiguity.
legislators and the public
How requirement construed
Liberally construed Constitutional restriction as
If there is doubt, it should be that embodied in the
resolved against the doubt and Philippine Constitution)
in favor of the
constitutionality of the statute When requirement not applicable
Apply only to bills which may
When there is compliance with thereafter be enacted into law
requirement Does not apply to laws in
Comprehensive enough - force and existing at the time
Include general object the 1935 Constitution took
If all parts of the law are effect.
related, and are germane to No application to municipal or
the subject matter expressed city ordinances.
in the title
Title is valid where it Effect of insufficiency of title
indicates in broad but clear Statute is null and void
terms, the nature, scope and Where, the subject matter of a
consequences of the law and statute is not sufficiently
its operations expressed in its title, only so
Title should not be a catalogue much of the subject matter as
or index of the bill is not expressed therein is
Principles apply to titles of void, leaving the rest in force,
amendatory acts. unless the invalid provisions
o Enough if it states an are inseparable from the
act to amend a specific others, in which case the
statute nullity the former vitiates the
Need not state the precise latter
nature of the amendatory
Enacting clause
act.
Written immediately after the
US Legislators have titles
title
ending with the words and
for other purposes ( US is not States the authority by which
subject to the same the act is enacted
by the powers vested in me by
the Constitution do hereby
#1 - Phil Commission By decree as follows
authority of the President of #8 EO Now, therefore, I,
the US, be it enacted by the ____ hereby order
US Philippine Commission
#2 - Philippine Legislature- Preamble
by authority of the US, be it Defined prefatory statement
enacted by the Philippine or explanation or a finding of
Legislature facts, reciting the purpose,
#3 - When #2 became reason, or occasion for
bicameral: Be it enacted by making the law to which it is
the Senate and House of prefixed
Representatives of the Found after enacting clause
Philippines in legislature and before the body of the
assembled and by authority of law.
the same Usually not used by
#4 - Commonwealth- Be it legislations because content of
enacted by the National the preamble is written in the
Assembly of the Philippines explanatory note.
#5 when #4 became But PDs and EOs have
bicameral: be it enacted by preambles.
the Senate and House of
Representatives in congress Purview of statute
assembled same 1946- that part which tells what the
1972/1987-present. law is about
#6 Batasang Pambansa: Be body of statute should
it enacted by the Batasang embrace only one subject
Pambansa in session should only one subject
assembled matter, even there provisions
#7 PD NOW should be allied and germane
THEREFORE, I ______ to the subject and purpose of
President of the Philippines, the bill.
Statue is usually divided into PRESIDENTIAL ISSUANCES,
section. w/c contains a single RULES AND ORDINANCES
proposition.
Parts Presidential issuances
o short title are those which the president
o policy section issues in the exercise of
o definition section ordinance power.
o administrative section i.e. EO, AO (administrative
o sections prescribing orders), proclamations, MO
standards of conduct (memorandum orders), MC
o sections imposing (memorandum circulars), and
general or special orders.
sanctions for violation of
its provisions Have force and effect of laws.
o transitory provision EO
o separability clause o acts of the President
o effectivity clause providing for rules of a
general or permanent
Separability clause character in the
it states that if any provision implementation or
execution of
of the act is declared invalid,
constitutional/ statutory
the remainder shall not be
powers.
affected thereby.
o do not have the force and
It is not controlling and the
effect of laws enacted by
courts may invalidate the
congress
whole statute where what is
o different from EO issued
left, after the void part, is not
by the President in the ex
complete and workable
of her legislative power
Presumption statute is
during the revolution
effective as a whole Presidential decree under
its effect: to create in the place the freedom constitution
of such presumption the AO
opposite of separability.
o acts of the President government, for
which relate to particular information of
aspects of governmental compliance
operations in pursuance General or Specific Order
of his duties as o Acts and commands of
administrative head the President in his
Proclamations capacity as Commander-
o acts of the President in-Chief of the AFP
fixing a date or declaring
a statute or condition of Supreme Court circulars; rules and
public moment or regulations
interest, upon the See Art 8, Sec. 5(5) 1987
existence of which the Constitution
operation of a specific See Art. 6, Sec. 30 1987
law or regulation is made Constitution
to depend It has been held that a law
MO which provides that a decision
o acts of the President on of a quasi-judicial body be
matters of administrative appealable directly to the SC,
details or of subordinate if enacted without the advice
or temporary interest and concurrence of the SC,
which only concern a ineffective
particular officer or o Remedy or applicable
office of government procedure go to CA
MC Rules of Court product of
o acts of the president on the rule-making power of the
matters relating to SC
internal administration o Power to repeal
which the President procedural rules
desires to bring to the o No power to promulgate
attention of all or some rules substantive in
of the departments, nature (unlike the
agencies, bureaus, or legislative department)
offices of the
Substantive rules if it affects Rule-making power of public
or takes away vested rights; administrative agency is a
right to appeal delegated legislative power
Procedural rules means of if it enlarges or restricts such
implementing existing right; statute is invalid
where to file an appeal for Requisites for delegating a
transferring the venue statute by legislative branch to
Rules and regulations issued another branch of government
by the administrative or to fill in details, execution,
executive officers in enforcement, or
accordance with and administration of law. the
authorized by law, have the law must be:
force and effect of law o Complete in itself
o Requisites for validity o Fix a standard which
Rules should be may be express or
germane to the implied
objects and Example of
purposes of the law standard
Regulations be not simplicity and
in contradiction dignity; public
with, but conform interest; public
to, the standards that welfare; interest of
the law prescribes law and order;
The be for the sole justice and equity
purpose of carrying and substantial
into effect the merit of the case;
general provisions adequate and
of the law efficient instruction
o Law cannot be restricted Example:
or extended o Change of and/or to
o Law prevails over or invalid
regulations, if there are o Change of
discrepancies may(permissive) to
shall (mandatory)
invalid (Grego v the ordinance within 30 days
COMELEC pp 22) from submission; if theres
inaction, it is presumed to be
Administrative rule and consistent with the municipal
interpretation distinguished or city ordinance; if
Rule makes new law with inconsistency is found, it will
the force and effect of a valid remand to the Sangguniang
law; binding on the courts barangay
even if they are not in Municipal ordinance
agreement with the policy Lodged in the Sangguniang
stated therein or with its bayan
innate wisdom Majority of the quorum
Interpretation merely voting, ordinance is passed
advisory for it is the courts Ordinance sent to Mayor
that finally determine what the within 10 days for approval or
law means veto; if theres mayors
Administrative construction is inaction, ordinance is
not necessarily binding upon presumed approved; if vetoed
the courts; it may be set aside and overridden by 2/3 of all
by judicial department (if members, ordinance is
there is an error of law, or approved
abuse of power or lack of Approved ordinance is passed
jurisdiction or GAD grave to Sangguniang panlalawigan
abuse of discretion) for review
o Within 30 days may
Barangay ordinance invalidate in whole or in
Sangguniang barangay part and its action is
smallest legislative body; may final; if theres inaction
pass an ordinance by majority within 30 days, it is
of all its members; subject to deemed valid
review by Sangguniang
bayan/ panglungsod City ordinance
Sangguniang bayan/ Vested in Sangguniang
panglungsod take action on panglungsod
Majority of the quorum Every statute is presumed
voting, ordinance is passed valid
Submitted to Mayor within 10 o Lies on how a law is
days enacted
o Approve o Due respect to the
o Veto 2/3 of all legislative who passed
members approved and executive who
o Inaction deemed approved
approved o Responsibility of
If city or component city upholding the
submit to Sangguniang constitution rests not on
panlalawigan for review the courts alone but on
which shall take action within the legislative and
30 days, otherwise, it will be executive branches as
deemed valid well
Courts cannot inquire into the
Provincial ordinance wisdom or propriety of laws
Sangguniang panlalawigan To declare a law
majority of quorum voting, unconstitutional, the
passage of ordinance repugnancy of the law to the
Forwarded to the Governor constitution must be clear and
who within 15 days from unequivocal
receipt shall All reasonable doubts should
o Approve be resolved in favor of the
o Veto 2/3 of all constitutionality of law; to
members approved doubt is to sustain
o Inaction deemed Final arbiter of
approved unconstitutionality of law is
the Supreme Court EN BANC
VALIDITY (majority who took part and
voted thereon)
Presumption of constitutionality Nonetheless, trial courts have
jurisdiction to initially decide
the issue of constitutionality Courts cannot rule on
of a law in appropriate cases political questions
questions which are
Requisites for exercise of judicial concerned with issues
power dependent upon the wisdom
The existence of an (v. legality) of a particular act
appropriate case or measure being assailed
Interest personal and o separation of powers
substantial by the party raising o However, Constitution
the constitutional question expands the concept of
Plea that the function be judicial review judicial
exercised at the earliest power includes the duty
opportunity of the courts of justice to
Necessity that the settle actual
constitutional question be controversies involving
passed upon in order to decide rights which are legally
the case demandable and
enforceable and to
Appropriate case determine whether or not
Bona fide case one which there has been GAD
raises a justiciable amounting to lack or
controversy excess of jurisdiction on
the branch or the part of
Judicial power is limited only
any branch/
to real, actual, earnest, and
instrumentality of the
vital controversy
Government
Controversy is justiciable
when it refers to matter which Standing to sue
is appropriate for court Legal standing or locus standi
review; pertains to issues
personal/ substantial interest
which are inherently
in the case such that the party
susceptible of being decided
has sustained or will sustain
on grounds recognized by law
direct injury as a result of
governmental act that is being xxx at the earliest possible
challenged opportunity i.e. in the
interest an interest in issue pleading
affected by the decree it may be raised in a motion
Citizen acquires standing for reconsideration / new trial
only if he can establish that he in the lower court; or
has suffered some actual or in criminal cases at any
threatened concrete injury as a stage of the proceedings or on
result of the allegedly illegal appeal
conduct of the government in civil cases, where it appears
o E.g. taxpayer when it is clearly that a determination of
shown that public funds the question is necessary to a
have been illegally decision, and in cases where it
disbursed involves the jurisdiction of the
Member of the Senate or of court below
the House has legal standing
to question the validity of the
Presidential veto or a
condition imposed on an item Necessity of deciding
in an appropriations bills constitutionality
SC may, in its discretion, take where the constitutional
cognizance of a suit which question is of paramount
does not satisfy the public interest and time is of
requirement of legal standing the essence in the resolution
o E.g. calling by the of such question, adherence to
President for the the strict procedural standard
deployment of the may be relaxed and the court,
Philippine Marines to in its discretion, may squarely
join the PNP in visibility decide the case
patrols around the metro where the question of validity,
though apparently has become
When to raise constitutionality moot, has become of
paramount interest and there
is undeniable necessity for a o It must not be partial or
ruling, strong reasons of discriminatory
public policy may demand o It must not prohibit but
that its constitutionality be may regulate trade
resolved o It must be general and
consistent with public
Test of constitutionality policy
is what the Constitution o It must not be
provides in relation to what unreasonable
can or may be done under the
statute, and not by what it has Effects of unconstitutionality
been done under it. It confers no rights
o If not within the Imposes no duties
legislative power to enact Affords no protection
o If vague
Creates no office
unconstitutional in 2
respects In general, inoperative as if it
Violates due process had never been passed
Leaves law 2 views:
enforcers unbridled o Orthodox view
discretion in unconstitutional act is
carrying out its not a law; decision affect
provisions ALL
o Where theres a change o Modern view less
of circumstances i.e. stringent; the court in
emergency laws passing upon the
Ordinances (test of validity question of
are): unconstitutionality does
o It must not contravene not annul or repeal the
statute if it finds it in
the Constitution or any
conflict with the
statute
Constitution; decisions
o It must not be unfair or
affects parties ONLY and
oppressive no judgment against the
statute; opinion of court dependent and connected, as
may operate as a conditions, considerations,
precedent; it does not inducements, or
repeal, supersede, compensations for each other,
revoke, or annul the as to warrant a belief that the
statute legislature intended them as a
whole, the nullity of one part
Invalidity due to change of will vitiate the rest such as
conditions in the case of Tatad v Sec of
Emergency laws Department of Energy and
It is deemed valid at the time Antonio v. COMELEC
of its enactment as an exercise
of police power EFFECT AND OPERATION
It becomes invalid only
because the change of When laws take effect
conditions makes its Art 2 CC - xxx laws to be
continued operation violative effective must be published
of the Constitution, and either in the Official Gazette
accordingly, the declaration of or in a newspaper of general
its nullity should only affect circulation in the country
the parties involved in the o The effectivity provision
case and its effects applied refers to all statutes,
prospectively including those local and
private, unless there are
Partial invalidity special laws providing a
General rule: that where part different effectivity
of a statute is void as mechanism for particular
repugnant to the Constitution, statutes
while another part is valid, the Sec 18 Chapter 5 Book 1 of
valid portion, if separable Administrative Code
from the invalid, may stand Effectivity of laws
and be enforced o default rule 15-day
Exception that when parts of period
a statute are so mutually
o must be published either Requirements of filing (1987
in the OG or newspaper Administrative Code):
of general circulation in o Every agency shall file
the country; publication with the UP Law Center
must be full 3 certified copies of
The clause unless it is every rule adopted by it.
otherwise provided solely Rules in force on the date
refers to the 15-day period of effectivity of this
and not to the requirement of Code which are not filed
publication within 3 months from
that date shall not
When Presidential issuances, rules thereafter be the basis of
and regulations take effect any sanction against any
The Presidents ordinance party/ persons
power includes the authority
to issue EO, AO,
Proclamations, MO, MC and When local ordinance takes effect
general or specific orders Unless otherwise stated, the
Requirement of publication same shall take effect 10 days
applies except if it is merely from the date a copy is posted
interpretative or internal in in a bulletin board at the
nature not concerning the entrance of the provincial
public capitol or city, municipality or
2 types: barangay hall, AND in at least
o Those whose purpose is 2 other conspicuous places in
to enforce or implement the local government unit
existing law pursuant to a concerned
valid delegation or to fill The secretary to the
in the details of a statute; Sangguinian concerned shall
requires publication cause the posting not later
o Those which are merely than 5 days after approval;
interpretative in nature or text will be disseminated in
internal; does not require English or Tagalog; the
publication secretary to the Sangguinian
concerned shall record such Permanent/ indefinite law
fact in a book kept for that once established continues
purpose, stating the dates of until changed by competent
approval and posting legislative power. It is not
Gist of ordinance with penal changed by the change of
sanctions shall be published in sovereignty, except that of
a newspaper of general political nature
circulation within the Temporary in force only for
respective province a limited period, and they
concerned; if NO newspaper terminate upon expiration of
of general circulation in the the term stated or upon
province, POSTING shall be occurrence of certain events;
made in all municipalities and no repealing statute is needed
cities of the province where
the Sanggunian of origin is Territorial and personal effect of
situated statutes
For highly urbanized and All people within the
independent component cities, jurisdiction of the Philippines
main features of the
ordinance, in addition to the Manner of computing time
posting requirement shall be See Art. 13 CC
published once in a local Where a statute requires the
newspaper. In the absence of doing of an act within a
local newspaper, in any specified number of days,
newspaper of general such as ten days from notice,
circulation it means ten calendar days and
o Highly urbanized city NOT ten working days
minimum population of E.g. 1 year from Oct. 4, 1946
200,000 and with latest
is Oct. 4, 1947
annual income of at least
If last day falls on a Sunday or
50M Php
holiday, the act can still be
Statutes continue in force until done the following day
repealed
Principle of exclude the first, Construction is drawing of
include the last DOES NOT warranted conclusions beyond
APPLY to the computation of direct expression of the text
the period of prescription of a expressions which are in spirit
crime, in which rule, is that if though not within the text.
the last day in the period of xxx inevitably, there enters
prescription of a felony falls into the construction of
on a Sunday or legal holiday, statutes the play of JUDICIAL
the information concerning JUDGMENT within the limits
said felony cannot be filed on of the relevant legislative
the next working day, as the materials
offense has by then already it involves the EXERCISE OF
prescribed CHOICE BY THE
JUDICIARY

Construction and interpretation


distinguished
CHAPTER TWO: Construction They are so alike in practical
and Interpretation results and so are used
interchangeably; synonymous.
NATURE AND PURPOSE
Construction Interpretation
Construction defined
- process of - art of finding
Construction is the art or drawing the true
process of discovering and warranted meaning and
expounding the meaning and conclusions not sense of any
intention of the authors of the always form of words
law, where that intention included in
rendered doubtfully reason of direct
ambiguity in its language or expressions, or
of the fact that the given case determining the
is not explicitly provided for application of
in the law. words to facts
in litigation
and discover its true
Rules of construction, generally interpretations of law.
Rules of statutory
construction are tools used to Legislative intent, generally
ascertain legislative intent. is the essence of the law
NOT rules of law but mere Intent is the spirit which gives
axioms of experience life to legislative enactment. It
In enacting a statute, the must be enforced when
legislature is presumed to ascertained, although it may
know the rules of statutory not be consistent with the
construction, in case of doubt, strict letter of the statute. It
be construed in accordance has been held, however, that
with the settled principles of that the ascertainment of
interpretation. legislative intent depend more
Legislature sometimes adopts on a determination of the
rules of statutory construction purpose and object of the law.
as part of the provisions of the Intent is sometimes equated
statute: - see examples page with the word spirit.
49-50 While the terms purpose,
Legislature also defines to meaning, intent, and spirit are
ascertain the meaning of oftentimes interchangeably
vague, broad words/ terms used by the courts, not
entirely synonymous
Purpose of object of construction
The purpose is to ascertain Legislative purpose
and give effect to the intent of A legislative purpose is the
the law. reason why a particular statute
The object of all judicial was enacted by legislature.
interpretation of a statute is to Legislation is an active
determine legislative intent, instrument and government
either expressly or impliedly, which, for the purpose of
by the language used; to interpretation means that laws
determine the meaning and have ends to be achieved
will of the law making body
above their present share shall
Legislative meaning be divided between the planter
Legislative meaning is what and his laborer in the
the law, by its language, proportion of 60% laborer and
means. 40% planter
What it comprehends; To give literal import in
What it covers or embraces; interpreting the two section
What its limits or confines will defeat the purpose of the
are. Act
Intent and Meaning The purpose:
synonymous o Continuous production of
If there is ambiguity in the sugar
o To grant the laborers a
language used in a statute, its
purpose may indicate the share in the increased
meaning of the language and participation of planters
lead to what the legislative in the sugar produce
intent is The legislative intent is, thus
to make the act operative
Graphical illustration irrespective of whether there
exists a milling agreement
Federation of Free Farmers v CA. between central and the sugar
RA No. 809 Sec. 1 In planters.
absence of a written milling
agreements between the Matters inquired into in construing
majority of the planters and a statute
the millers, the unrefined It is not enough to ascertain
sugar as well as all by- the intention of the statute; it
products shall be divided is also necessary to see
between them whether the intention or
RA 809 Sec. 9 The meaning has been expressed
proceeds of any increase in in such a way as to give it
participation granted by the legal effect or validity
planters under this act and
Thus: The object of inquiry is which induced the
not only to know what the enactment of the law, the
legislature used sufficiently mischief to be
expresses that meaning. The suppressed, and the
legal act is made up of 2 policy which dictated its
elements: passage
o internal intention o when all these means
o external- expression fail, look into the effect
Failure of the latter may of the law.
defeat the former If the 3rd means
(effect of the law) is
first used, it will be
judicial legislation
Where legislative intent is
ascertained POWER TO CONSTRUE
The primary source of
legislative intent is the statute Construction is a judicial function
itself. It is the court that has the final
If the statute as a whole fails word as to what the law
to indicate the legislative means.
intent because of ambiguity, It construes laws as it decide
the court may look beyond the cases based on fact and the
statute such as: law involved
o Legislative history Laws are interpreted in the
what was in the context of a peculiar factual
legislative mind at the situation of each case
time the statute was Circumstances of time, place,
enacted; what the event, person and particularly
circumstances were; attendant circumstances and
what evil was meant to actions before, during and
be redressed after the operative fact have
o Purpose of the statute taken their totality so that
the reason or cause justice can be rationally and
fairly dispensed.
Moot and academic principles of the constitution
o Purpose has become stale of separation powers.
o No practical relief can be Legislative construction is
granted called resolution or
o Relief has no practical declaratory act
effect
General rule (on mootness)
dismiss the case
o Exception: Endencia v David
If capable of Explains why legislative
repetition, yet cannot overrule Supreme
evading review Courts decision
Public interest
Perfecto v. Meer
requires its
resolution Art. 8 Sec. 9 1935
Rendering decision Constitution SCs
on the merits would interpretation: shall receive
be of practical value such compensation as may be
fixed by law, which shall not
Legislative cannot overrule judicial be diminished during their
construction continuance in office
exempt from income tax
It cannot preclude the courts
Legislative passed RA 590
from giving the statute
different interpretation Sec. 13 no salary whenever
received by any public officer
Legislative enact laws
of the Republic shall be
Executive- to execute laws considered exempt from the
Judicial- interpretation and income tax, payment of which
application is hereby declared not to be a
If the legislature may declare diminution of his
what a law means it will compensation fixed by the
cause confusionit will be Constitution or by law
violative of the fundamental Source of confusion
Violative of principle on the judicial construction
separation of powers without modifying or
RA 590 Sec 13 repealing the very statute
unconstitutional which has been the subject of
Art 8 Sec. 9 1935 repealed construction. It can, and it has
by Art. 15 Sec. 6 1973 done so, by amending or
Constitution no salary or repealing the statute, the
any form of emolument of any consequence of which is that
public officer or employee, the previous judicial
including constitutional construction of the statute is
officers, shall be exempt from modified or set aside
payment of income tax accordingly.
Thus, judiciary is not exempt
When court may construe statute
from payment of tax anymore
The court may construe or
When judicial interpretation may interpret a statute under the
be set aside condition that THERE IS
DOUBT OR AMBIGUITY
Interpretations may be set
Ambiguity a condition of
aside. The interpretation of a
statute or a constitutional admitting 2 or more
provision by the courts is not meanings. Susceptible of
so sacrosanct as to be beyond more than one interpretation.
modification or nullification. Only when the law is
The Supreme Court itself may, ambiguous or doubtful of
in an appropriate case change meaning may the court
or overrule its previous interpret or construe its intent.
construction.
Court may not construe where
The rule that the Supreme
statute is clear
Court has the final word in the
A statute that is clear and
interpretation or construction
of a stature merely means that unambiguous is not
the legislature cannot, by law susceptible of interpretations.
or resolution, modify or annul First and fundamental duty of
court to apply the law
Construction very last Issue: whether or not the
function which the court decision of the Ombudsman
should exercise imposing a penalty of
Law is clear no room for suspension of one year
interpretation, only room for without pay is immediately
application executory
Courts cannot enlarge or limit Administrative Code and
the law if it is clear and free LGC not suppletory to
from ambiguity (even if law is Ombudsman Act
harsh or onerous These three laws are related or
A meaning that does not deal with public officers, but
appear nor is intended or are totally different statutes
reflected in the very language
of the statute cannot be placed An administrative agency
therein by construction tasked to implement a statute
may not construe it by
Manikan v. Tanodbayan expanding its meaning where
Sec. 7 PD 1716-A sole its provisions are clear and
police authority of EPZA unambiguous
officials may not be construed
as an exception to, or Land Bank v. CA
limitation on, the authority of DAR interpreted deposits to
the Tanodbayan to investigate include trust accounts
complaints for violation of the SC held that deposits is
anti-graft law committed by limited only to cash and LBP
the EPZA officials bonds
EPZAs power not
exclusive; sole refers to Libanan v. HRET
police authority not emplyed Issue: whether ballots not
to describe other power signed at the back by the
chairman of the Board of
Lapid v. CA Election Inspectors (BEI) are
spurious, since it violated Sec. o For stability and
24 RA 7166 certainty
Held: not spurious; only Supreme Court becomes, to
renders the BEI accountable the extent applicable, the
criteria that must control the
Rulings of Supreme Court part of actuations not only of those
legal system called upon to abide thereby
Art. 8 CC Judicial but also of those duty-bound
decisions applying or to enforce obedience thereto.
interpreting the laws or the SC rulings are binding on
Constitution shall form part of inferior courts
the legal system of the
Philippines Judicial rulings have no retroactive
Legis interpretato legis vim effect
obtinet authoritative Lex prospicit not respicit - the
interpretation of the SC of a law looks forward, not
statute acquires the force of backward
law by becoming a part Rationale: Retroactive
thereof as of the date of its application of a law usually
enactment , since the courts divest rights that have already
interpretation merely become vested or impairs he
establishes the obligations of contract and
contemporaneous legislative hence is unconstitutional.
intent that the statute thus
construed intends to effectuate Peo v. Jabinal
Stare decisis et non quieta Peo v Macarandang peace
novere when the SC has officer exempted from
once laid down a principle of issuance of license of firearms
law as applicable to a certain included a secret agent hired
state of facts, it will adhere to by a governor
that principle and apply it to Peo. v. Mapa abandoned
all future casese where the doctrine of Macarandang in
facts are substantially the 1967
same
The present case, Jabinal was Issue: when to count the 5-
arraigned while the year period to repurchase land
Macarandang Doctrine was granted CA 141
still prevailing, however, the Monge v Angeles (1957) and
decision was promulgated Tupas v Damaso (1984)
when the Mapa doctrine was from the date of conveyance
in place or foreclosure sale
The Court held that Jabinal is Belisario v. IAC (1988)
acquitted using stare decisis from the period after the
doctrine and retroactivity expiration of the 1-year period
doctrine of repurchase
Co. v. CA The SC held that the doctrine
On BP 22, Co is acquitted in that should apply is that which
relying on the Circular issued; was enunciated in Monge and
Que doctrine, which convicted Tupas because the
Que under BP 22, was not transactions involved took
given retroactive application place prior to Belisario and
not that which was laid down
Roa v. Collector of Customs in the latter case which should
Used jus soli (place of birth) be applied prospectively
SC favored jus sanguinis (by
blood) Court may issue guidelines in
However, the abandonment of construing statute
the principle of jus soli did not In construing a statute, the
divest the citizenship of those enforcement of which may
who, by virtue of the principle tread on sensitive areas of
before its rejection, became of constitutional rights, the court
were declared citizens of the may issue guidelines in
Philippines applying the statute, not to
enlarge or restrict it but to
Benzonan v. CA clearly delineate what the law
is.

Peo. v. Ferrer
What acts that may be Neither should the courts
considered liable under the construe statutes which are
Anti-Subversion Act perfectly vague for it violates
due process
Morales v. Enrile o Failure to accord persons
Rights of a person under fair notice of the conduct
custodial investigation to avoid
o Leave law enforcers
unbridled discretion in
RP v. CA/ Molina carrying out its
Guidelines for ascertaining provisions
psychological incapacity of an 2 leading stars on judicial
erring spouse in a void construction
marriage under Art. 36 FC o Good faith
o commonsense
LIMITATIONS ON POWER TO an utterly vague act on its face
CONSTRUE cannot be clarified by either a
saving clause or by
Courts may not enlarge nor restrict construction
statutes
Courts are not authorized to Courts not to be influenced by
insert into the law what they questions of wisdom
think should be in it or to Courts do not sit to resolve the
supply what they the merit of conflicting theories
legislature would have Courts do not pass upon
supplied if its intention had question of wisdom, justice or
been called to the omission. expediency of legislation, for
They should not by its not within their province
construction, revise even the to supervise legislation and
most arbitrary or unfair action keep it within the bounds of
of the legislature, nor rewrite common sense.
the law to conform to what
they think should be the law.
The court merely interpret The title may indicate the
regardless of whether or not legislative intent to extend or
they wise or salutary. restrict the scope of law, and a
statute couched in a language
CHAPTER THREE: Aids to of doubtful import will be
Construction constructed to conform to the
legislative intent as disclosed
IN GENERAL in its title.
Resorted as an aid where there
Generally is doubt as to the meaning of
Where the meaning of a statue the law or as to the intention
is ambiguous, the court is of the legislature in enacting
warranted in availing itself of it, and not otherwise.
all illegitimate aids to Serve as a guide to
construction in order that it ascertaining legislative intent
can ascertain the true intent of carries more weight in this
the statute. jurisdiction because of the
The aids to construction are constitutional requirement that
those found in the printed every bill shall embrace only
page of the statute itself; one subject who shall be
know as the intrinsic aids, and expressed in the title thereof.
those extraneous facts and The constitutional injunction
circumstances outside the makes the title an
printed page, called extrinsic indispensable part of a statute.
aids.
Baguio v. Marcos
Title The question raised is when to
It is used as an aid, in case of count the 40 yr period to file a
doubt in its language to its petition for reopening of
construction and to cadastral proceedings (to
ascertaining legislative will. settle and adjudicate the titles
If the meaning of the statute is to the various lots embraced
obscure, courts may resort to in the survey) as authorized
the title to clear the obscurity. by RA 931 covering the lands
that have been or about to be rendered within forty years
declared land of public next preceding the approval of
domain, by virtue of judicial this act.
proceedings instituted w/in That title written in capital
the 40 years next preceding letters by Congress itself; such
the approval of this act. kind of title then is not to be
The question is asked if the classed with words or titles
proceeding be reopened used by compilers of statues
originally instituted in court because it is the legislature
April 12, 1912 or November speaking.
25, 1922, the counted date Words by virtue of judicial
form which the decision decisions rendered in the title
therein rendered became final. of the law stand in equal
Petition was filed on July 25, importance to the phrase in
1961 Sections 1 thereof by virtue of
Title of the Law An Act to judicial proceedings
authorize the filing in the instituted.
proper court under certain The court ruled that
conditions of certain claims of examining Act no. 2874 in
title to parcels of land that detail was intended to apply to
have been declared public public lands only for the title
land, by virtue of the approval of the act, always indicative of
of this act. legislative intent.
There was an apparent No bill shall embrace more
inconsistency between the than one subject, which
title and body of the law. subject shall be expressed in
It ruled that the starting date the title of the bill, the words
to count the period is the date and for other purposes when
the final decision was found in the title have been
rendered. held to be without force or
It recites that it authorizes effect whatsoever and have
court proceedings of claims to been altogether discarded in
parcels of land declared public construing the Act.
by virtue of judicial decisions
Ebarle v. Sucaldito It is a part of the statute
The issue is raised whether written immediately after its
Executive order no. 264 title, which states the purpose,
entitled Outlining the reason for the enactment of
procedure by which the law.
complaints charging Usually express in whereas
government officials and clauses.
employees with commission Generally omitted in statutes
of irregularities should be passed by:
guided applies to criminal Phil. Commission
actions, to the end that no
Phil. Legislature
preliminary investigation
thereof can be undertaken or National Assembly
information file in court Congress of the Phil
unless there is previous Batasang Pambansa
compliance with the executive These legislative bodies used
order. the explanatory note to
EO only applies to explain the reasons for the
administrative and not to enactment of statutes.
criminal complaints. Extensively used if
The very title speaks of Presidential decrees issued by
commission of irregularities. the President in the exercise
of his legislative power.
When resort to title not authorized When the meaning of a statute
The text of the statute is clear is clear and unambiguous, the
and free from doubt, it is preamble can neither expand
improper to resort to its title to nor restrict its operation,
make it obscure. much less prevail over its text.
The title may be resorted to in Nor can be used as basis for
order to remove, but not to giving a statute a meaning.
create doubt. When the statute is
ambiguous, the preamble can
Preamble be resorted to clarify the
ambiguity.
Preamble is the key of the Question rose whether the
statute, to open the minds of carrying of such weapon
the lawmakers as to the should be in relation to
purpose is achieved, the subversion, rebellion,
mischief to be remedied, and insurrection, lawless violence,
the object to be accomplished, criminality, chaos or public
by the provisions of the disorder as a necessary
legislature. element of the crime.
May decide the proper The mere carrying of such
construction to be given to the weapon outside ones
statute. residence is sufficient to
May restrict to what otherwise constitute a violation of the
appears to be a broad scope of law
law. Pursuant to the preamble
It may express the legislative which spelled out the events
intent to make the law apply that led to the enactment of
retroactively in which case the the decree the clear intent and
law has to be given retroactive spirit of the decree is to
effect. require the motivation
mentioned in the preamble as
Illustration of rule in indispensable element of
the crime.
People v. Purisima The severity of the penalty for
A person was charged w/ the violation of the decree
violation of PD 9 which suggests that it is a serious
penalizes, among others, the offense, which may only be
carrying outside of ones justified by associating the
residence any bladed, blunt or carrying out of such bladed of
pointed weapon not used as a blunt weapon with any of the
necessary tool or implement purposes stated in its
for livelihood, with preamble.
imprisonment ranging from
five to ten years. Peo v. Echavez
Issue: whether a person who particularly to illegal
squatted on a pastoral land constructions.
could be held criminally liable
for the violation of PD 772 Context of whole text
any person who, with the use To ascertain legislative intent
of force, intimidation or is the statute itself taken as a
threat, or taking advantage of whole and in relation to one
the absence or tolerance of the another considering the whole
land owner, succeeds in context of the statute and not
occupying or possessing the from an isolated part of the
property of the latter against provision.
his will for residential, The meaning dictated by the
commercial or any other context prevails.
purposes. Every section, provision, or
The decree was promulgated clause of the statute must be
to solve the squatting problem expounded by reference to
which according to its each other in order to arrive at
preamble is still a major the effect contemplated by the
problem in urban legislature.
communities all over the
country and because many Punctuation marks
persons and entities found to Semi- colon used to indicate
have been unlawfully a separation in the relation of
occupying public and private the thought, what follows
lands belong to the affluent must have a relation to the
class. same matter it precedes it.
The court said that crime may Comma and semi- colon are
only be committed in urban use for the same purpose to
communities and not in divide sentences, but the semi
agricultural and pastural lands colon makes the division a
because the preamble of the little more pronounce. Both
decree shows that it was are not used to introduce a
intended to apply for squatting new idea.
in urban lands, more
Punctuation marks are aids of can compel government-
low degree and can never owned banks to accept said
control against the intelligible certificates for payment of
meaning of written words. their obligations subsisting at
An ambiguity of a statute the time of the amendatory act
which may be partially or was approved
wholly solved by a Nera v. Garcia
punctuation mark may be if the charge against such
considered in the construction subordinate or employee
of a statute. involves dishonesty,
The qualifying effect of a oppression, or grave
word or phrase may be misconduct or neglect in the
confined to its last antecedent performance of his duty
if the latter is separated by a dishonesty and
comma from the other oppression need not be
antecedents. committed in the course of the
An argument based on performance of duty by the
punctuation is not persuasive. person charges

Illustrative examples Peo. v. Subido


Subsidiary imprisonment in
Florentino v. PNB case of insolvency qualifies
who may be willing to accept both non-payment of
the same for such settlement indemnity and non-payment
this implies discretion of fine
SC held: only the last
antecedent any citizen of Capitalization of letters
the Philippines or any An aid of low degree in the
association or corporation construction of statute.
organized under the laws of
the Philippines
xxx pursuant to which Headnotes or epigraphs
backpay certificate-holders Secondary aids
They are prefixed to sections, may be consulted to explain
or chapters of a statute for the English text.
ready reference or A statute is officially
classification. promulgated in Spanish or in
Not entitled too much weight, English, or in Filipino
and inferences drawn there In the interpretation of a law
from are of little value and or administrative issuance
they can never control the promulgated in all the official
plain terms of the enacting languages, the English text
clauses, for they are not part shall control, unless otherwise
of the law. provided.
The provisions of each article
are controlling upon the Intent or spirit of law
subject thereof and operate as
a general rule for settling such It is the law itself.
questions as are embraced Controlling factor, leading star
therein. and guiding light in the
When the text of a statute is application and interpretation
clear and unambiguous, there of a statute.
is neither necessity nor A statute must be according to
propriety to resort to the its spirit or intent.
headings or epigraphs of a The courts cannot assume an
section for interpretation of intent in no way expressed
the text, especially when they and then construe the statute
are mere reference aids to accomplish the supposed
indicating the general nature intention; otherwise they
of the text that follows. would pass beyond the bounds
of judicial power to usurp
Lingual text legislative power.
Rule is that, unless provided,
where a statute is promulgated Policy of law
in English and Spanish, Should be given effect by the
English shall govern but in judiciary.
case of ambiguity, Spanish
One way to accomplish this other benefits may be
mandate is to give a statute of o Refund of contributions
doubtful meaning, a o Payment of the money
construction that will promote value of accumulated
public policy. vacation and sick leaves

Tinio v. Francis
Policy of the law to Purpose of law or mischief to be
conserve the land of the suppressed
homesteader Intended to be removed or
xxx not be subject to suppressed and the causes
encumbrance/ alienation from which induced the enactment
the date of the approval of the of the law are important
application and for a term of 5 factors to be considered in this
years from and after the date construction.
of the issuance of the patent or o Purpose or object of the
grant law
o from the ORDER for the o Mischief intended to be
issuance of patent removed
o if literal interpretation is o Causes which induced
to be used, policy will be the enactment of the law
defeated Must be read in such a way as
to give effect to the purpose
Cajiuat v. Mathay projected in the statute.
policy against double The purpose of the general
pensions for the same services rule is not determinative of
a law which grants retirable the proper construction to be
employees certain gratuity in given to the exceptions.
addition to other benefits Purpose of statute is more
which they are entitled under important than the rules of
existing laws CANNOT be grammar and logic in
construed as to authorize the ascertaining the meaning
grant of double gratuity
Dictionaries accord with the presumption
A statute does not define word on the matter.
or phrases used. o Constitutionality of a
Generally define words in statute
their natural plain and o Completeness
ordinary acceptance and o Prospective operation
significance. o Right and justice
o Effective, sensible,
Consequences of various beneficial and reasonable
constructions operation as a whole
Inquired as an additional aid o Against inconsistency
to interpretation. and implied repeal
A construction of a statute unnecessary
should be rejected that will changes in law
cause injustice and hardship, impossibility
result in absurdity, defeat absurdity
legislative intent or spirit, injustice and
preclude accomplishment of hardship
legislative purpose or object, inconvenience
render certain words or ineffectiveness.
phrases a surplusage, nullify
the statute or make any of its LEGISLATIVE HISTORY
provisions nugatory.
Generally
Presumptions
A statute is susceptible of
Based on logic, experience,
several interpretations or
and common sense, and in the where there is ambiguity in
absence of compelling reasons the language, there is no better
to the contrary, doubts as to means of ascertaining the will
the proper and correct and intention of the legislature
construction of a statute will than that which is afforded by
be resolved in favor of that the history of the statute.
construction which is in
What constitutes legislative history practical application and
History of a statute refers to judicial construction,
all its antecedents from its o Various amendments it
inception until its enactment underwent
into law. o Contemporary events at
Its history proper covers the the
period and the steps done
from the time the bill is Presidents message to legislature
introduced until it is finally The president shall address
passed by the legislature. the congress at the opening of
What it includes: its regular session or appear
o Presidents message if before it at any other time.
the bill is enacted in Usually contains proposed
response thereto, legal measures.
o The explanatory note Indicates his thinking on the
accompanying the bill proposed legislation, when
o Committee reports of enacted into law, follows his
legislative investigations line of thinking on the matter.
o Public hearings on the
subject of the bill Explanatory note
o Sponsorship speech A short exposition of
o Debates and explanation accompanying a
deliberations concerning proposed legislation by its
the bill author or proponent.
o Amendments and Where there is ambiguity in a
changes in phraseology statute or where a statute is
in which it undergoes susceptible of more than one
before final approval interpretation, courts may
thereof. resort to the explanatory note
o If the statute is based to clarify the ambiguity and
from a revision, a prior ascertain the purpose or intent
statute, the latters of the statute.
Used to give effect to the discussion on the bill may be
purpose or intent as disclosed adopted.
in its explanatory note. Views expressed are as to the
A statute affected or changed bills purpose, meaning or
an existing law and the effect are not controlling in
explanatory note to the bill the interpretation of the law.
which has eventually enacted It is impossible to determine
into a law states that the with authority what
purpose is too simply to construction was put upon an
secure the prompt action on a act by the members of the
certain matter by the officer legislative body that passed
concerned and not to change the bill.
the existing law; the statute The opinions expressed by
should be construed to carry legislators in the course of
out such purpose. debates concerning the
It may be used as a basis for application of existing laws
giving a statute a meaning that are not also given decisive
is inconsistent with what is weight, especially where the
expressed in the text of the legislator was not a member
statute. of the assembly that enacted
the said laws.
Legislative debates, views and When a statute is clear and
deliberations free from ambiguity, courts
Courts may avail to will not inquire into the
themselves the actual motives which influence the
proceedings of the legislative legislature or individual
body to assist in determining members, in voting for its
the construction of a statute of passage; no indeed as to the
doubtful meaning. intention of the draftsman, or
There is doubt to what a the legislators, so far as it has
provision of a statute means, not been expressed into the
that meaning which was put to act.
the provision during the
legislative deliberation or Reports of commissions
Commissions are usually Held: contention denied. In
formed to compile and collate holding that the word judge
all laws on a particular subject includes justice of peace,
and to prepare the draft of the the Court said that a review
proposed code. of the history of the Revised
Election Code will help justify
Prior laws from which statute is and clarify the above
based conclusion
Courts are permitted to prior
laws on the same subject and Director of Lands v. Abaya
to investigate the antecedents When to count the 10-year
of the statute involved. period, either from the date
This is applicable in the the decision was rendered or
interpretation of codes, from the date judicial
revised or compiled statutes, proceedings instituted in
for the prior law which have cadastral cases
been codified, compiled or Held: court resolved the issue
revised will show the by referring to 4 older laws
legislative history that will which have in common that
clarify the intent of the law or counting of the period starts
shed light on the meaning and from the date of the institution
scope of the codified or of the judicial proceeding and
revised statute. not from the date the
judgment is rendered
Peo. v. Manantan
Issue: whether or not justice
of peace is included Salaysay v. Castro
Contention of Manantan, who Actually holding ~ lastly
is a justice of peace, is that the elected
omission of justice of peace Thus, a vice mayor acting as
revealed the intention of the mayor is not included in the
legislature to exclude such provision
from its operation
Change in phraseology by A statute containing a
amendments provision prohibiting the
Intents to change the meaning doing of a certain thing is
of the provision. amended by deleting such
A statute has undergone provision.
several amendments, each
amendment using different Gloria v. CA
phraseology, the deliberate Issue: whether a public officer
selection of language differing or employee, who has been
from that of the earlier act on preventively suspended
the subject indicates that a pending investigation of the
change in meaning of the law administrative charges against
was intended and courts him, is entitled to his salary
should so construe that statute and other benefits during such
as to reflect such change in preventive suspension
meaning. Held: Court answered in the
negative because such
Commissioner of Customs v. CTA provision with regard to
national port (new law) not payment of salaries during
the same as any port (old suspension was deleted in the
law); otherwise, national new law
will be a surplusage
Buenaseda v. Flavier
Amendment by deletion Ombusman and his deputy
Deletion of certain words or can only preventively suspend
phrases in a statute indicates respondents in administrative
that the legislature intended to cases who are employed in his
change the meaning of the office, and not those who are
statute, for the presumption is employees in other
that the legislation would not department or offices of the
have made the deletion had government
the intention been not effect a
change in its meaning. Exceptions to the rule (of
amendment by deletion)
An amendment of the statue construing those laws are
indicates a change in meaning entitled to great weight in the
from that which the statute interpretation of such local
originally had applies only statutes.
when the intention is clear to
change the previous meaning Limitations of rule
of the old law. A statute which has been
Rules dont apply when the adopted from that of a foreign
intent is clear that the country should be construed
amendment is precisely to in accordance with the
plainly express the construction given it in the
construction of the act prior to country of origin is not
its amendment because its without limitations.
language is not sufficiently
expressive of such Principles of common law
construction. Known as Anglo-American
Frequently, words do not jurisprudence which is no in
materially affect the sense will force in this country, save
be omitted from the statute as only insofar as it is founded
incorporated in the code or on sound principles applicable
revised statute, or that some to local conditions and is not
general idea will be expressed in conflict with existing law,
in brief phrases. nevertheless, many of the
principles of the common law
Adopted statutes have been imported into this
Foreign statutes are adopted in jurisdiction as a result of the
this country or from local enactment of laws and
laws are patterned form parts establishment of institutions
of the legislative history of the similar to those of the US.
latter.
Local statutes are patterned
after or copied from those of
another country, the decision
of the courts in such country Conditions at time of enactment
In enacting a statute, the Law being a manifestation of
legislature is presumed to social culture and progress
have taken into account the must be interpreted taking into
existing conditions of things consideration the stage of
at the time of its enactment. such culture and progress
In the interpretations of a including all the concomitant
statute, consider the physical circumstances.
conditions of the country and Law is not a watertight
the circumstances then obtain compartment sealed or shut
understanding as to the intent off from the contact with the
of the legislature or as to the drama of life which unfolds
meaning of the statute. before our eyes.

History of the times CONTEMPORARY


A court may look to the CONSTRUCTION
history of the times,
examining the state of things Generally
existing when the statute was Are the constructions placed
enacted. upon statutes at the time of, or
A statute should not be after their enactment by the
construed in a spirit as if it executive, legislative or
were a protoplasm floating judicial authorities, as well as
around in space. by those who involve in the
In determining the meaning, process of legislation are
intent, and purpose of a law or knowledgeable of the intent
constitutional provision, the and purpose of the law.
history of the times of which I Contemporary construction is
grew and to which it may be strongest in law.
rationally supposed to bear
some direct relationship, the Executive construction, generally;
evils intended to be remedied kinds of
and the good to be Is the construction placed
accomplished are proper upon the statute by an
subjects of inquiry.
executive or administrative for a considerable period of
officer. time.
Three types of interpretation
o Construction by an Nestle Philippines, Inc. v. CA
executive or Reasons for why
administrative officer interpretation of an
directly called to administrative agency is
implement the law. generally accorded great
o Construction by the respect
secretary of justice in his o Emergence of
capacity as the chief multifarious needs of a
legal adviser of the modernizing society
government. o Also relates to
o Handed down in an experience and growth of
adversary proceeding in specialized capabilities
the form of a ruling by an by the administrative
executive officer agency
exercising quasi-judicial o They have the
power. competence, expertness,
experience and informed
Weight accorded to judgment, and the fact
contemporaneous construction that they frequently are
Where there is doubt as to the the drafters of the law
proper interpretation of a they interpret
statute, the uniform
construction placed upon it by Philippine Sugar Central v.
the executive or Collector of Customs
administrative officer charged Issue: whether the
with its enforcement will be government can legally
adopted if necessary to collect duties as a charge for
resolve the doubt. wharfage required by a
True expression of the statute upon all articles
legislative purpose, especially exported through privately-
if the construction is followed owned wharves
Held: the court reasoned in Construction of rules and
the affirmative by saying the regulations
language of the Act could This rule-making power,
have been made more specific authorities sustain the
and certain, but in view of its principle that the
history, its long continuous interpretation by those
construction, and what has charged with their
been done and accomplished enforcement is entitled to
by and under it, we are clearly great weight by the court in
of the opinion that the the latters construction of
government is entitled to have such rules and regulations.
and receive the money in
question, even though the Reasons why contemporaneous
sugar was shipped from a construction is given much weight
private wharf It is entitled to great weight
because it comes from the
Weight accorded to usage and particular branch of
practice government called upon to
Common usage and practice implement the law thus
under the statute, or a course construed.
of conduct indicating a Are presumed to have
particular undertaking of it, familiarized themselves with
especially where the usage has all the considerations
been acquiesced in by all the pertinent to the meaning and
parties concerned and has purpose of the law, and to
extended over a long period of have formed an independent,
time. conscientious and competent
Optimus interpres rerum usus expert opinion thereon
the best interpretation of the
law is usage.

When contemporaneous
construction disregarded
When there is no ambiguity in Legislative is presumed to
the law. have full knowledge of a
If it is clearly erroneous, the contemporaneous or practical
same must be declared null construction of a statute by an
and void. administrative or executive
officer charged with its
Erroneous contemporaneous enforcement.
construction does not preclude The legislature may approve
correction nor create rights; or ratify such
exceptions contemporaneous
The doctrine of estoppel does construction.
not preclude correction of the May also be showmen by the
erroneous construction by the legislature appropriating
officer himself by his money for the officer
successor or by the court in an designated to perform a task
appropriate case. pursuant to interpretation of a
An erroneous statute.
contemporeaneous Legislative ratification is
construction creates no vested equivalent to a mandate.
right on the part of those
relied upon, and followed Reenactment
such construction. Most common act of
approval.
Legislative interpretation The re-enactment of a statute,
Take form of an implied previously given a
acquiescence to, or approval contemporaneous construction
of, an executive or judicial is persuasive indication of the
construction of a statute. adoption by the legislature of
The legislature cannot limit or the prior construction.
restrict the power granted to Re-enactment if accorded
the courts by the constitution. greater weight and respect
than the contemporaneous
Legislative approval
construction of the statute raised by the parties; it must
before its ratification. be a direct ruling, not merely
an obiter dictum
Stare decisis Obiter dictum opinion
Judicial interpretation of a expressed by a court upon
statute and is of greater some question of law which is
weight than that of an not necessary to the decision
executive or administrative of the case before it; not
officer in the construction of binding as a precedent
other statutes of similar The principle presupposes that
import. the facts of the precedent and
It is an invaluable aid in the the case to which it is applied
construction or interpretation are substantially the same.
of statutes of doubtful Where the facts are dissimilar,
meaning. then the principle of stare
Stare decisis et non quieta decisis does not apply.
movere one should follow The rule of stare decisis is not
past precedents and should not absolute. It does not apply
disturb what has been settled. when there is a conflict
Supreme Court has the between the precedent and the
constitutional duty not only of law.
interpreting and applying the The duty of the court is to
law in accordance with prior forsake and abandon any
doctrines but also of doctrine or rule found to be in
protecting society from the violation of law in force
improvidence and wantonness Inferior courts as well as the
wrought by needless legislature cannot abandon a
upheavals in such precedent enunciated by the
interpretations and SC except by way of repeal or
applications amendment of the law itself
In order that it will come
within the doctrine of stare
decisis, must be categorically
stated on an issue expressly
CHAPTER FOUR: Adherence o Courts must administer
to, or departure from, language the law as they find it
of statute without regard to
consequences
LITERAL INTERPRETATION
National Federation of Labor v.
Literal meaning or plain-meaning NLRC
rule Employees were claiming
General rule: if statute is clear, separation pay on the basis of
plain and free from ambiguity, Art. 283 Labor Code which
it must be given its literal states that employer MAY
meaning and applied without also terminate the
attempted interpretation employment of an employee
o Verba legis for reasons therein by serving
o Index animi sermo notice thereof and paying
speech is the index of separation pay to affected
intention employees
o Words employed by the There was compulsory
legislature in a statute acquisition by the government
correctly express its of the employers land
intent or will (Patalon Coconut Estate) for
o Verba legis non est purposes of agrarian reform
recedendum from the which forced the employer to
words of a statute there cease his operation
should be no departure Issue: whether or not
o Thus, what is not clearly employer is liable for
provided in the law separation pay?
cannot be extended to Held: NO, employer is not
those matters outside its liable for separation pay!
scope o It is a unilateral and
Judicial legislation an voluntary act by the
encroachment upon legislative employer if he wants to
prerogative to define the give separation pay
wisdom of the law
o This is gleaned from the language of the law is clear,
wording MAY in the no explanation of it is
statute required
o MAY denotes that it is When the law is clear, it is not
directory in nature and susceptible of interpretation.
generally permissive It must be applied regardless
only of who may be affected, even
o Plain-meaning rule is if it may be harsh or onerous
applicable Hoc quidem perquam durum
o Ano yun, ipapasara ng est, sed ital ex scripta est it
government tapos is exceedingly hard but so the
magbabayad pa ang law is written
employer ng separation A decent regard to the
pay?!? Ang daya-daya! legislative will shoud inhibit
Lugi na nga si employer, the court from engaging in
kikita pa si employee?!? judicial legislation to change
Unfair! Cannot be! No! what it thinks are unrealistic
No! statutes that do not conform
o To depart from the with ordinary experience or
meaning expressed by practice (respeto nalang sa
the words is to alter the ating mga mambabatas!
statute, to legislate and Whatever?!? Haha joke only)
not interpret If there is a need to change the
o Maledicta est exposition law, amend or repeal it,
quae corrumpit textum remedy may be done through
dangerous construction a legislative process, not by
which is against the text judicial decree
Where the law is clear,
Dura lex sed lex appeals to justice and equity
Dura lex sed lex the law as justification to construe it
may be harsh but it is still the differently are unavailing
law Philippines is governed by
Absoluta sentential expositore CIVIL LAW or POSITIVE
non indigent when the LAW, not common law
Equity is available only in the because it is silent as to
absence of law and not its amendments on the
replacement (so, pag may Constitution and the
law, walang equity equity! word Constitution is
Pero pag walang law, neither germane nor
pwedeng mag-equity, relevant to said section
gets?!?... important to!) o Does not provide for the
Aequitas nunquam contravenit contents of a petition for
legis equity never acts in initiative on the
contravention of the law Constitution
o Does not provide for
DEPARTURE FROM LITERAL subtitles for initiative on
INTERPRETATION the Constitution
o RA is incomplete and
Statute must be capable of does not provide a
interpretation, otherwise sufficient standard
inoperative Justice Puno (ano?!? Justice
If no judicial certainty can be Tree?!) dissents:
had as to its meaning, the o Legislative intent is also
court is not at liberty to supply shown by the
nor to make one deliberations on the bill
that became RA 6735
Santiago v. COMELEC (there are 4 more reasons
In this case, the Court adopted see page 130-131,
a literal meaning thus, which are not so
concluded that RA 6735 is important)
inadequate to implement the Interpretation of RA 6735 was
power of the people to amend not in keeping with the maxim
the Constitution (initiative on interpretation fienda est ut res
amendments) for the magis valeat quam pereat
following reasons: that interpretation as will give
o Does not suggest an the thing efficacy is to be
initiative on amendments adopted
on to the Constitution
What is within the spirit is within subservient to woman
the law logical!)
Dont literally construe the Guide in ascertaining intent
law if it will render it conscience and equity
meaningless, lead to So it is possible that a statute
ambiguity, injustice or may be extended to cases not
contradiction within the literal meaning of
The spirit of the law controls its terms, so long as they
its letter come within its spirit or intent
Ratio legis interpretation
according to the spirit or Limitation of rule
reason of the law Construe (intent over letter)
Spirit or intention of a statute only if there is ambiguity!
prevails over the letter
A law should accordingly be Construction to accomplish
so construed as to be in purpose
accordance with, and not PURPOSE or REASON
repugnant to, the spirit of the which induced the enactment
law of the statute key to open
Presumption: undesirable the brain of the legislature/
consequences were never legislative intent!
intended by a legislative Statutes should be construed
measure in the light of the object to be
achieved and the evil or
Literal import must yield to intent mischief to be suppressed
Verba intentioni, non e contra, As between two statutory
debent inservire words interpretations, that which
ought to be more subservient better serves the purpose of
to the intent and not the intent the law should prevail
to the words (ahhh parang
intent is to woman as word is Sarcos v. Castillo
to man so man is
This case explains why words import a policy
legislative purpose to that goes beyond them
determine legislative intent
Frankfurter Soriano v. Offshore Shipping and
o Legislative words are not Manning Corp
inert but derived vitality A literal interpretation is to be
from the obvious rejected if it would be unjust
purposes at which they or lead to absurd results
are aimed
o Legislation working Illustration of rule
instrument of
government and not King v. Hernandez
merely as a collection of Issue: whether or not a
English words Chinese (parang si RA and
Benjamin Natham Cardozo Serge) may be employed in a
o Legislation is more than non-control position in a retail
a composition establishment, a wholly
o It is an active instrument nationalized business under
of government which RA 1180 Retail Trade Law
means that laws have (btw, wala na tong law na to.
ends to be achieved It has been repealed by the
Retail Trade Liberalization
Holmes
Act my thesis! )
o Words are flexible
Held: No! (kasi duduraan ka
o The general purpose is a
lang ng mga intsik! Joke
more important aid to the
only!) the law has to be
meaning than any rule
construed with the Anti-
which grammar or
Dummy Law prohibiting an
formal logic may lay
alien from intervening in the
down
management, operation,
o Courts are apt to err by
administration or control
sticking too closely to the
thereof
words of law where those
When the law says you cannot
employ such alien, you cannot
employ an alien! The qualifications but limited
unscrupulous alien may resort to not more than 3 years
to flout the law or defeat its o 3rd amended Art. 279
purpose! (maggulang daw full backwages or
mga intsik ultimo tubig sa without deductions from
pasig river, which is supposed the time the laborers
to be free, bottles it and then compensation was
sells it! Huwat?!?) withheld until his actual
It is imperative that the law be reinstatement
interpreted in a manner that The clear legislative intent of
would stave off any attempt at the amendment in RA 6715
circumvention of the (Labor Code) is to give more
legislative purpose benefits to workers than was
previously given them under
Bustamante v. NLRC the Mercury Drug rule or the
Issue: how to compute for 1st way
backwages to which an
illegally dismissed employee US v. Toribio
would be entitled until his The prohibition of the
actual reinstatement (take note slaughter of carabaos for
of this case.. its a labor human consumption so long
case kiliti ni Golangco) as these animals are fit for
3 ways: agricultural work/ draft
o 1st before Labor Code purposes was a reasonable
to be deducted from the necessary limitation on
amount of backwages is private ownership
the earnings elsewhere Purpose or object of the law
during the period of to protect large cattle against
illegal dismissal theft and to make easy
o 2nd Labor Code Art. recovery and return of such
279 the amount of cattle to their owners, when
backwages is fixed lost, strayed or stolen
without deductions or Issue: whether the slaughter of
large cattle outside the
municipal slaughterhouse prior invention by
without a permit by the incorporating its innovative
municipal treasurer is concept, and albeit with some
prohibited? modification and change,
Held: YES! Outside or inside performs substantially the
without permit is prohibited same function in substantially
the same way to achieve
Bocobo v. Estanislao substantially the same result
Issue: whether the CFI and a (ano ba to?!? Puro
municipal court in the capital substantially?)
of a province have concurrent
jurisdiction over the crime of Planters Association of Southern
libel Negros, Inc. v. Ponferrada
RPC grants jurisdiction with 2 apparently conflicting
CFI provisions should be
Judiciary Act grants construed as to realize the
jurisdiction with the purpose of the law
municipal court in the capital The purpose of the law is to
of a province in offenses INCREASE the workers
where the penalty is not more benefits
than prission correctional or Benefits under RA 6982 shall
fine not exceeding 6,000Php be IN ADDITION to the
(penalty for libel) benefits under RA 809 and PD
So ano na?!? 621
Substituted cannot be given
Godines v. CA literal interpretation
Patent Law grants the
patentee the exclusive right to When reason of law ceases, law
make, use, and sell his itself ceases
patented machine, article or The reason which induced the
product xxx legislature to enact a law is
Doctrine of equivalents the heart of the law
when a device appropriates a
Cessante ratione legis, cessat peremptorily challenge
et ipsa lex when the reason members of a military
of the law ceases, the law tribunal, had been rendered
itself ceases inoperative by PD 2045
Ratio legis est anima reason proclaiming the termination of
of the law is its soul a state of martial law
Held: YES! The termination
Peo v. Almuete of the martial law and the
Agricultural Tenancy Act is dissolution of military
repealed by the Agricultural tribunals created thereunder,
Land Reform Code the reason for the existence of
Agricultural Tenancy Act PD 39 ceased automatically
punishes prereaping or and the decree itself ceased
prethreshing of palay on a
date other than that previously Vasquez v. Giap
set without the mutual consent Where the mischief sought to
of the landlord and tenant be remedied by a statute has
o Share tenancy already been removed in a
relationship given situation, the statute
Agricultural Land Reform may no longer apply in such
case
Code abolished share
tenancy relationship, thus The law bans aliens from
does not punish prereaping or acquiring and owning lands,
prethreshing of palay on a the purpose is to preserve the
date other than that previously nations lands for future
set without the mutual consent generations of Filipinos
of the landlord and tenant A sale of land in favor of an
anymore alien, in violation of the said
o Leasehold system law, no longer be questioned
after the alien becomes a
Commendador v. De Villa Filipino citizen
Issue: whether PD 39, which Supplying legislative omission
withdrew the right to
xxx if it is clearly Sec 11 collector of
ascertainable from the customs refers to the
CONTEXT! decision of the Collector of
May supply legislative Customs that may be
omission to make the statute appealed to the tax court
conform to obvious intent of Commissioner prevails
the legislature or to prevent Commissioner of Customs has
the act from being absurd supervision and control over
Note: differentiate from Collectors of Customs and the
judicial legislation decisions of the latter are
reviewable by the
Commissioner of Customs
Correcting clerical errors
As long as the meaning Lamp v. Phipps
intended is apparent on the Ordinary COURTS of law
face of the whole enactment to Ordinary COURSE of
and no specific provision is law
abrogated
This is not judicial legislation Farinas v. Barba
Issue: who is the appointing
Illustration rule power to fill a vacancy created
by the sanggunian member
Rufino Lopez & Sons, Inc. v. CTA who did not belong to any
Court change the phrase political party, under the
collector of customs to provision of the Local
commissioner of customs to Government Code
correct an obvious mistake in local chief executive a
law misnomer
Sec 7 commissioner of It should be authorities
customs grants the CTA concerned
jurisdiction to review Because the President is not a
decisions of the local chief executive but
Commissioner of Customs under Sec. 50 of the Local
Government Code, the ambiguity, such interpretation
President, Governor, Mayor as will avoid inconvenience
have the executive power to and absurdity is to be adopted
appoint in order to fill Courts test the law by its
vacancies in local councils or results if law appears to be
to suspend local officials arbitrary, courts are not bound
to apply it in slavish
Qualification of rule (of correcting disobedience to its language
clerical errors) Courts should construe a
Only those which are clearly statute to effectuate, and not
clerical errors or obvious to defeat, its provisions; nor
mistakes, omissions, and render compliance with its
misprints; otherwise, is to provisions impossible to
rewrite the law and invade the perform
domain of the legislature, it is
judicial legislation in the guise Peo v. Duque
of interpretation Surplusage!!!
Sec. 2 of Act No. 3326
Construction to avoid absurdity prescription of offenses
Reason: it is always presumed o Prescription shall begin
that the legislature intended to run from
exceptions to its language The day of the
which would avoid commission of the
consequences of this character violation
Thus, statutes may be From the time of
extended to cover cases not discovery AND
within the literal meaning of institution of
the terms if their exact and judicial proceedings
literal import would lead to for investigation and
absurd or mischievous results punishment
Interpretation talis in But the prevailing rule is that
ambiguis simper fienda est ut prescriptive period is tolled
evitetur inconveniens et upon the institution of judicial
absurdum where there is
proceedings an act of grace obviously be no longer
by the State entitled to reinstatement;
Court held that the phrase otherwise it will lead to
institution of judicial absurdities
proceedings for its
investigation and punishment Peo v. Yu Hai
may be either disregarded as Issue: when does a crime
surplusage or should be punishable by arresto menor
deemed preceded by the word prescribe?
until State says 10 years as
provided for in Art 90 RPC
Oliveros v. Villaluz o Art. 26 (correctional
Issue: whether or not the offenses) max fine of
suspension order against an 200Php correctional
elective official following an penalty prescribes in 10
information for violation of years (Art. 90)
the Anti-Graft law filed Court held that this is not
against him, applies not only right!!!! It is wrong!
to the current term of office o Art. 9 (light offenses)
but also to another term if the not more than 200Php
accused run for reelection and light felonies 2 months
won o 1Php makes a difference
Sec 13 of the Anti-Graft Law of 9 years and 10
suspension unless acquitted, months! (huwat?!?)
reinstated! o Arresto mayor
Held: only refers to the (correctional penalty)
current term of the suspended prescribes in 5 years
officer (and not to a future o Less grave prescribe
unknown and uncertain new even shorter
term unless supplemented by o Also, prescriptive period
a new suspension order in the cannot be ascertained not
event of reelection) for if his until the court decides
term shall have expired at the which of the alternative
time of acquittal, he would
penalties should be Contention: the City Counsel
imposed imprisonment of Caloocan cannot validly
ba or fine lang yun pass an ordinance
lang po! appropriating a supplemental
budget for the purpose of
Peo v. Reyes expropriating a certain parcel
Dangerous Drugs Act of land, without first adopting
RA 7659 or updating its house rules of
o X < 200 grams max procedure within the first 90
penalty is reclusion days following the election of
perpetua its members, as required by
o X > 200 grams min Secs. 50 and 52 of the LGC
penalty is reclusion Court said this is absurd!!!!
perpetua Contention is rejected!
Court ruled that: o Adoption or updating of
o X < 200 grams penalty house rules would
ranging from prision necessarily entail work
correctional to reclusion local councils hands
temporal were tied and could not
134-199grams act on any other matter if
reclusion temporal we hold the absurd
66-133 prison contention!
o So much inconvenience!
mayor
Less than 66 grams Shiox! And this could not
have been intended by
prision correcional
the law
StatCon duty of the court to
harmonize conflicting Construction to avoid injustice
provisions to give effect to the
Presumption legislature did
whole law; to effectuate the
not intend to work a hardship
intention of legislature
or an oppressive result, a
possible abuse of authority or
act of oppression, arming one
Malonzo v. Zamora
person with a weapon to
impose hardship on the other Peo v. Purisima
Ea est accipienda It was contended that PD 9(3)
interpretation quae vitio caret is a malum prohibitum; thus
that interpretation is to be intent to use such prohibited
adopted which is free from weapons is immaterial by
evil or injustice reason of public policy
Court said that use the
Amatan v. Aujero preamble to construe such act
Rodrigo Umpad was charged whether penalized or not
with homicide Moreover the court said that
Pursuant to some provision in legislature did not intend
criminal procedure, he entered injustice, absurdity and
into a plea bargaining contradiction
agreement, which the judge Court gave an example
approved of, downgrading the o So if I borrowed a bolo
offense charge of homicide to then I return this to my
attempted homicide to which lender, then in the course
Umpad pleaded guilty thereto. or my journey Im
Hello?!? Namatay na nga caught, Im penalized
tapos attempted lang?!? under the Decree for 5-
Mababaliw ako sayo, judge, 10 years imprisonment!
whoever you are!!! (ang labo naman!)
Fiat justicia, ruat coelum let
the right be done, though the Ursua v. CA
heavens fall (ano daw?!?) Issue: whether or not the
Stated differently, when a isolated use, at one instance,
provision of the law is silent of a name other than a
or ambiguougs, judges ought persons true name to secure a
to invoke a solution copy of a document from a
responsive to the vehement government agency,
urge of conscience (ahhh constitutes violation of CA
ano daw ulit?!?) 142 Anti-alias Law
Held: NO! (isang beses lang
naman eh.. hehehe joke lang!) Construction in favor of right and
o The purpose of the Anti- justice
alias Law is to prevent Art. 10 CC: In case of doubt
confusion and fraud in in the interpretation or
business transactions application of laws, it is
o Such isolated use of a presumed that the law-making
different name is not body intended right and
prohibited by the law; justice to prevail
otherwise, injustice, Art. 9 CC: The fact that a
absurdity and statute is silent, obscure, or
contradiction will result insufficient with respect to a
question before the court will
Construction to avoid danger to not justify the latter from
public interest declining to render judgment
thereon
Co Kim Cham v. Valdez Tan Keh In balancing conflicting
Sa Consti to ah! La lang solutions, that one is
hehe (yihee, Serge!) perceived to tip the scales
processes in the which the court believes will
proclamation that all laws best promote the public
regulations and processes of welfare is its probable
the so-called RP during the operation as a general rule or
Japanese occupation of the principle
country are null and void and
without legal effect MAY Salvacion v. BSP
NOT be construed to embrace Greg Bartelli raped his alleged
JUDICIAL PROCESSES as niece 10 times and detained
this would lead to great her in his apartment for 4 days
inconvenience and public Court gave a favorable
hardship and public interest judgment of more than
would be endangered 1MPhp
o Criminals freed
o Vested right, impaired
BSP rejected the writ of o The purpose of RA 6426
attachment alleging Sec 113 to exempt such assets
of the Central Bank Circular from attachment: at the
No. 960 (applicable to time the said law was
transient foreigners) enacted, the countrys
Issue: whether the dollar bank economy was in a
deposit in a Philippine bank of shambles. But in the
a foreign tourist can be present time it is still in
attached to satisfy the moral shambles... hehe joke
damages awarded in favor of lang but in the present
the latters 12-year-old rape time, the country has
victim recovered economically.
BSP did not honor the writ of No reason why such
attachment pursuant to assets cannot be attached
RA6426 Sec 8 foreign especially if it would
currency deposits shall be satisfy a judgment to
exempt from attachment, award moral damages to
garnishment, or any other a 12-year-old rape
order or process of any court, victim!
legislative body, government
agency or any administrative Surplusage and superfluity
body whatsoever disregarded
Court held that: ANO BA?!? Where a word, phrase or
Na-rape na nga ayaw pang clause in a statute is devoid of
magbayad ng moral damages meaning in relation to the
dahil lang sa isang silly context or intent of the statute,
law?!? (hehe.. joke lang.. Im or where it suggests a
so bored na eh!) meaning that nullifies the
o Court applied the statute or renders it without
principles of right and sense, the word, phrase or
justice to prevail over the clause may be rejected as
strict and literal words of surplusage and entirely
the statute ignored
Surplusagium non noceat immediately after their
surplusage does not vitiate a proclamation
statute o The King in Alice in
Utile per inutile non vitiatur Wonderland: if there is
nor is the useful vitated by the no meaning in it, that
non-useful saves a world of trouble,
you know, as we need
Demafiles v. COMELEC not try to find any
Issue: whether a pre- o Apply the general rule
proclamation election case has when such term begin
become moot because the the term of municipal
proclaimed winner had officials shall begin on
immediately taken his oath the 1st day of January
pursuant to Sec 2 RA 4870 following their election
which provides that the first
mayor, vice-mayor and Redundant words may be rejected
councilors of the municipality Self-explanatory, ano
of Sebaste shall be elected in buzzzz?!?
the next general elections for
local officials and shall have Obscure or missing word or false
qualified description may not preclude
It was contended that shall construction
have qualified begins Falsa demonstration non
immediately after their nocet, cum de corpore constat
proclamation! false description does not
Court held that this is wrong! preclude construction nor
o The said phrase is a vitiate the meaning of the
jargon and does not statute which is otherwise
warrant the respondents clear
reading that the term of
office of the first Exemption from rigid application
municipal officials of of law
Sebaste begins
Ibi quid generaliter conceditur acquire jurisdiction over
every rule is not without an naturalization case
exception It was an impossibility to
Inest haec exception, si non fulfill such requirement as the
aliquid sit contras jus basque OG was not, at the time,
where anything is granted published weekly
generally, this exception is Thus, Court held that
implied compliance with the other 2
Compelling reasons may requirements would be
justify reading an exception to deemed sufficient to acquire
a rule even where the latter jurisdiction over the
does not provide any; naturalization case
otherwise the rigor of the law
would become the highest Akbayan v. COMELEC
injustice summum jus, This case is about the
summa injuria statutory grant of stand-by
power to the COMELEC as
Law does not require the provided for in Sec. 28 RA
impossible 8436
Nemo tenetur ad impossible Petitioners were asking the
the law obliges no one to respondent to exercise such
perform an impossibility power so as to accommodate
Impossibilium nulla potential voters who were not
obligation est no obligation able to register for the
to do an impossible thing upcoming election
Impossible compliance versus COMELEC denied the
Substantial compliance (as petition alleging the
required by law) impossibility of late
registration to accommodate
Lim co Chui v Posadas potential voters
Publication in the Official Court ruled that the provision
Gazette weekly, for three must be given such
times and consecutively, to interpretation that is in
accordance with logic, Election Code candidate
common sense, comprehends some
reasonableness and candidates or all
practicality candidates
Where time constraint and the On gender the masculine,
surrounding circumstances but not the feminine, includes
make it impossible or the all genders, unless the context
COMELEC to conduct special in which the word is used in
registration of voters, the the statute indicates otherwise
COMELEC cannot be faulted
for refusing to do so, for the IMPLICATIONS
law does not require the
impossible to be done; there is Doctrine of necessary implication
no obligation to ho the So-called gaps in the law
impossible thing develop as the law is enforced
COMELECs decision is StatCon rule: to fill in the gap
sustained is the doctrine of necessary
implication
Number and gender of words Doctrine states that what is
When the context of a statute implied in a statute is as much
so indicates, words in plural a part thereof as that which is
include the singular, and vice expressed
versa. Ex necessitate legis from the
A plural word in a statute may necessity of the law
thus apply to a singular person Every statutory grant of
or thing, just as a singular power, right or privilege is
word may embrace two or deemed to include all
more persons or things incidental power, right or
Art. 996 CC (law on privilege
succession) such article also In eo quod plus sit, simper
applies to a situation where inest et minus greater
there is only one child includes the lesser
because children includes
Necessity
child
o includes such inferences casual or temporary
as may be logically be employee, and by
drawn from the purpose necessary implication,
or object of the statute, the inclusion of the latter
from what the legislature in the class of
must be presumed to government employees
have intended, and from entitled to the benefits of
the necessity of making the law necessarily
the statute effective and implies that the former
operative should also be entitled to
o excludes what is merely such benefits
plausible, beneficial, or o Wrong application of the
desirable maxim expresio
must be consistent with the uniusest exclusion
Constitution or to existing alterius
laws
an implication which is Remedy implied from a right
violative of the law is Ubi jus, ibi remedium - where
unjustified or unwarranted there is a right, there is a
remedy for violation thereof
Chua v. Civil Service Commission Right -> Obligation ->
Issue: whether a coterminous Remedy
employee, or one whose The fact that the statute is
appointment is co-existent silent as to the remedy does
with the duration of a not preclude him from
government project, who has vindicating his right, for such
been employed as such for remedy is implied from such
more than 2 years, is entitled right
to early retirement benefits Once a right is established, the
under Sec 2 RA 6683 way must be cleared for its
Court held that YES, Chua is enforcement, and
entitled! technicalities in procedure,
o A coterminous employee judicial as well as
is no different from a administrative, must give way
Where there is wrong, temporary position.
(deprivation or violation of a Moreover, the incumbents
right) there is a remedy being made to leave the post
If theres no right, principle to give way to the employees
does not apply superior right may be
considered as removal for
Batungbakal v National cause
Development Co
Petitioner was suspended and Grant of jurisdiction
removed from office which Conferred only by the
proved to be illegal and Constitution or by statute
violative not only of the Cannot be conferred by the
Administrative Code but of Rules of Court
the Constitution itself Cannot be implied from the
Court ruled that to remedy the language of a statute, in the
evil and wrong committed, absence of clear legislative
there should be reinstatement intent to that effect
and payment of backwages,
among other things Pimentel v. COMELEC
However, there was a legal COMELEC has appellate
problem as to his jurisdiction over election
reinstatement, for when he cases filed with and decided
was suspended and eventually by the RTC involving
dismissed, somebody was municipal elective officials
appointed to his position DOES NOT IMPLY the grant
Issue: whether remedy is of authority upon the
denied petitioner COMELEC to issue writs of
Held: position was never certiorari, prohibition or
vacant. Since there is no mandamus concerning said
vacancy, the present election cases
incumbent cannot be
appointed permanently. The Peo v. Palana
incumbent is only holding a Statute grants a special court
jurisdiction over criminal
cases involving offenders amount cognizable by
under 16 at the time of the them, the same merely
filing of the action, a incidental to the principal
subsequent statute defining a action
youthful offender as one who Statutes conferring
is over 9 but below 21 years jurisdiction to an
of age may not be so administrative agency must be
construed as to confer by liberally construed to enable
implication upon said special the agency to discharge its
court the authority to try cases assigned duties in accordance
involving offenders 16 but with the legislative purpose
below 21 years of age o E.g. the power granted
the NHA to hear and
What may be implied from grant of decide claims involving
jurisdiction refund and any other
The grant of jurisdiction to try claims filed xxx, include
actions carries with it all attorneys fees and other
necessary and incidental damages
powers to employ all writs,
processes and other means Grant of power includes incidental
essential to make its power
jurisdiction effective Where a general power is
Where a court has jurisdiction conferred or duty enjoined,
over the main cause of action, every particular power
it can grant reliefs incidental necessary for the exercise of
thereto, even if they would one or the performance of the
otherwise be outside its other is also conferred
jurisdiction The incidental powers are
o E.g. forcible entry and those which are necessarily
detainer is cognizable in included in, and are therefore
MTC MTC can order of lesser degree than the
payment of rentals even power granted
though the amount o Examples
exceeds the jurisdictional
Power to establish appointments ,
an office includes unless xxx
authority to abolish Power to
it, unless xxx appropriate money
Warrant issued shall includes power to
be made upon withdraw
probable cause unexpended money
determined by the already appropriated
judge xxx implies Etc see page 171-
the grant of power 172
to the judge to
conduct preliminary Grant of power excludes greater
investigations power
Power to approve a The principle that the grant of
license includes by power includes all incidental
implication the powers necessary to make the
power to revoke it exercise thereof effective
Power to implies the exclusion of those
revoke is which are greater than that
limited by the conferred
authority to o Power of supervision
grant license, DOES NOT INCLUDE
from which it power to suspend or
is derived removal
Power to deport o Power to reorganize
includes the power DOES NOT INCLUDE
to arrest undesirable the authority to deprive
aliens after the courts certain
investigation jurisdiction and to
Power to appoint transfer it to a quasi-
vested in the judicial tribunal
President includes o Power to regulate
the power to make business DOES NOT
temporary
INCLUDE power to may be required by the
prohibit compulsory process of
subpoena. Nor does such
What is implied should not be power to investigate include
against the law the power to delegate the
Power to appoint includes authority to administer oath
power to suspend or remove
o Constitutional restriction Authority to charge against public
of CIVIL SERVICE funds may not be implied
EMPLOYEES, that it It is well-settled that unless a
must be a cause provided statute expressly so
for by law precludes such authorizes, no claim against
implication (unless the public funds may be allowed
appointment was made o Statute grants leave
outside the civil service privileges to
law APPOINTIVE officials,
Power to appoint a public this cannot be construed
officer by the President to include ELECTIVE
includes power to remove officials
o Provided that such o employer to pay 13th
removal is made with month pay, does not
just cause imply that it includes
o Except is such statute government
provides that term of
office to be at the
pleasure of the Illegality of act implied from
appointing officer, power prohibition
to appoint carries with it In pari delicto potior est
power to remove anytime conditio defendentis - where a
Power to investigate officials statute prohibits the doing of
DOES NOT INCLUDE the an act, the act done in
power to delegate the violation thereof is by
authority to take testimony of implication null and void
witnesses whose appearance
Prohibited act cannot serve as Pari delicto doctrine will not
foundation of a cause of apply when its enforcement or
action for relief application will violate an
Ex dolo malo non oritur actio avowed fundamental policy
no man can be allowed to or public interest
found a claim upon his own
wrongdoing or inequity Delos Santos v. Roman Catholic
Nullus coomodum capere Church
potest de injuria sua propria Homestead Law to give and
no man should be allowed to preserve in the homesteader
take advantage of his own and his family a piece of land
wrong for his house and cultivation
Public policy requires that The law prohibits the
parties to an act prohibited by alienation of a homestead
statute be left where they are, within 5 years following the
to make the statute effective issuance of the patent and
and to accomplish its object provides that any contract of a
o Party to an illegal conveyance in contravention
contract cannot come to thereof shall be null and void
court of law and ask that The seller or his heirs,
his illegal object be although in pari delicto, may
carried out recover the land subject of
o A citizen who sold his such illegal sale
land to an alien in
violation of the Barsobia v. Cuenco
constitutional restriction Another exception is that
cannot annul the same when the transaction is not
and recover the land, for illegal per se but merely
both seller and buyer are prohibited and the
guilty of having violated prohibition by law is designed
the Constitution for protection of one party, the
court may grant relief in favor
Two (2) Exceptions to the rule of the latter
What cannot be done directly employee from attachment,
cannot be done indirectly garnishment etc
Quando aliquid prohibetur ex Earlier law authorizes the
directo, prohibetur et per government to withhold an
obliquum what cannot, by amount due such officer or
law, be done directly cannot employee to pay his
be done indirectly indebtedness to the
government SHOULD NOT
Peo v. Concepcion BE CONSTRUED to
Where a corporation is withhold so much of his
forbidden from doing an act, retirement benefits as this
the prohibition extends to the amount to attachment
board of directors and to each garnishment etc.
director separately and
individually Tantuico, Jr. v Domingo
Where the board of directors Law exempts retirement
is prohibited from granting benefits of a public officer or
loans to its director, a loan to a employee from attachment,
partnership of which the wife garnishment etc
of a director is a partner falls Government cannot withhold
within the prohibition payment of retirement
benefits of a public officer
Peoples Bank and Trust Co. v. PNB until his accountabilities with
Where a statute prohibits the the government shall have
payment of the principal been cleared, as such action is
obligation during a fixed doing indirectly what the
period, the interest thereon government is prohibited from
during the existence of the doing directly
restriction is not demandable
There should be no penalty from
Cruz v. Tantuico compliance with law
Law exempts retirement A person who complies with
benefits of a public officer or what a statute requires cannot,
by implication, be penalized o ascertain intent from
thereby extraneous & relevant
For simple logic and fairness circumstance
and reason cannot o construe word or phrase
countenance an exaction or a to effectuate such intent
penalty for an act faithfully General rule in interpreting
done in compliance with the the meaning and scope of a
law term used in the law:
o Review of the WHOLE
law involved as well as
the INTENDMENT of
law (not of an isolated
part or a particular
provision alone)

Statutory definition
CHAPTER FIVE: Interpretation When statute defines words &
of words and phrases phrase- legislative definition
controls the meaning of
IN GENERAL statutory word, irrespective of
any other meaning word have
Generally in ordinary usual sense.
A word or phrase used in a Where a statute defines a
statute may have an ordinary, word or phrase, the word or
generic, restricted, technical, phrase, should not by
legal, commercial or trading construction, be given a
meaning different meaning.
May be defined in the statute Legislature restricted meaning
if this is done, use such as it adopted specific
definition because this is what definition, thus, this should be
the legislature intended used
Task:
o ascertain intent from
statute
Term or phrase specifically having been duly licensed,
defined in particular law, may be criminally liable for
definition must be adopted. violation of medical law.
No usurpation of court Held: Though term practice
function in interpreting but it of medicine, chiropractic
merely legislates what should may in ordinary sense fall
form part of the law itself within its meaning; statutorily
defined - includes
Victorias Milling Co. v. Social manipulations employed in
Security Commission chiropractic; thus, one who
<compensation; RA 1161, Sec. practices chiropractic without
8(f)> license is criminally liable.
compensation to include all
renumerations, except
bonuses, allowances & Chang Yung Fa v. Gianzon<
overtime pay alien>
Definition was amended: Issue: whether alien who
deleted exceptions comes into country as
Legislative Intent: the temporary visitor is an
amendment shows legislative immigrant?
intent that bonuses & Held: while immigrant in
overtime pay now included in ordinary definition- an alien
employees renumeration. who comes to the Philippines
Principle: by virtue of express for permanent residence; The
substantial change in Immigration Act makes own
phraseology, whatever prior definition of term, which is
judicial or executive any alien departing from any
construction should give way place outside the Philippines
to mandate of new law. destined for the Philippines,
other than a non-immigrant.
Peo. v. Venviaje < Chiropractic> (so kelangan part siya nung
Issue: Whether person who other than a non-
practiced chiropractic without immigrant.) -> yep yep,
Serge! But more importantly,
the definition emphasizes an o application creates
immigrant, who is an alien, incongruities
who comes to the Philippines o destroy its major
either to reside purposes
TEMPORARILY or o becomes illogical as
PERMANENTLY no result of change in its
distinction factual basis.

definition of terms given Ernest v. CA < RA 4166 & EO


weight in construction 900, 901>
terms & phrases, being part & sugarcane planter is defined
parcel of whole statute, given as a planter-owner of
effect in their ENTIRTY, as sugarcane plantation w/in
harmonious, coordinated, and particular sugar mill district,
integrated unit who has been allocated export
words & phrases construed in and/or domestic & reserve
light of context of WHOLE sugar quotas.
statute. Statutory definition excludes
emergency, non-quota, non-
Qualification of rule district and accommodation
Statutory definition of word or planters, they having no sugar
term controlling only as used quota. However, in 1955,
in the Act; quota system abolished
not conclusive as to the With change in situation,
meaning of same word or illogical to continue adhering
term in other statutes to previous definition that had
Especially to transactions that lost their legal effect.
took place prior to enactment
of act. Amadora v. CA
Statutory definition However, where statute
controlling statutory words remains unchanged,
does not apply when: interpreted according to its
clear and original mandate;
until legislature taking into
account changes subjected to materially into the local
be regulated, sees fit to enact product & lose its identity.
necessary amendment. Means that the imported
article is needed to
Words construed in their ordinary accomplish the locally
sense manufactured product for
General rule: In the absence of export.
legislative intent, words and
phrases should be given their CIR v. Manila Business Lodge 761
plain, ordinary, and common business (if unqualified) in
usage meaning. tax statute: plain and ordinary
Should be read and considered meaning to embrace activity
in their natural, ordinary, or affair where profit is the
commonly accepted, and most purpose & livelihood is the
obvious signification, motive.
according to good and In this case, a fraternal social
approved usage and without club selling liquor at its
resulting to forced or subtle clubhouse in a limited scale
construction. only to its members, without
intention to obtain profit
Central Azucarera Don Pedro v. Not engaged in business.
Central Bank
A statute exempts certain Phiippinel Association of
importations from tax and Government Retirees v. GSIS
foreign exchange, which are < present value>
actually used in the Statute: for those who are at
manufacture or preparation of least 65 yrs of age, lump sum
local products, forming part payment of present value of
thereof. annuity for the first 5 years,
Forming part thereof not to and future annuity to be paid
mean that the imported monthly. Provided however,
products have to be mixed that there shall be no discount
mechanically, chemically, from annuity for the first 5
yrs. of those who are 65 yrs or
over, on the day the law took Court held that the transferee
effect. is NOT liable and explained:
Vocabulary: Obligations construed to
o lump sum - amount of mean obligations incurred by
money given in single transferor in the ordinary
payment course of business. Not those
o annuity - amount of as a result of transgressions of
money paid to somebody the law, as these are personal
yearly or at some other obligations of transferor.
regular interval Principle: Construe using
Should there be discount from ordinary meaning & avoid
the present value of his absurdity.
annuity?
NO. Used in ordinary sense as
said law grants to the retired Mustang Lumber, Inc. v CA
employee substantial sum for Statute: Sec. 68 PD 705 -
his sustenance considering his penalizes the cutting,
age. Any doubt in this law gathering & or collecting
should be ruled in his favor. timber or other forest products
without a license.
Matuguina Integrated Wood Is lumber included in
Products Inc. v. CA timber
Whether transferee of a forest Reversing 1st ruling, SC says
concession is liable for lumber is included in timber.
obligations arising from The Revised Forestry Code
transferors illegal contains no definition of
encroachment into another timber or lumber. Timber is
forest concessionaire, which included in definition of
was committed prior to the forestry products par (q)
transfer Sec.3. Lumber - same
Sec. 61 of PD 705 the definitions as processing
transferee shall assume all the plants
obligations of the transferor.
Processing plant is any In case word in statute has
mechanical set-up, machine or both restricted and general
combination of machine used meaning, GENERAL must
for processing of logs & other prevail; Unless nature of the
forest raw materials into subject matter & context in
lumber veneer, plywood etc which it is employed clearly
p. 183. indicates that the limited sense
Simply means, lumber is a is intended.
processed log or forest raw General words should not be
material. The Code uses given a restricted
lumber in ordinary common meaning when no restriction
usage. In 1993 ed. of is indicated.
Websters International Rationale: if the legislature
Dictionary, lumber is defined intended to limit the meaning
as timber or logs after being of a word, it would have been
prepared for the market. easy for it to have done so.
Therefore, lumber is a
processed log or timber. Sec Application of rule
68 of PD 705 makes no
distinction between raw & Gatchalian v. COMELEC
processed timber. foreigner- in Election Code,
prohibiting any foreigner from
General words construed generally contributing campaign funds
Generalia verba sunt includes juridical person
generaliter intelligenda - what person- comprehends
is generally spoken shall be private juridical person
generally understood; general person- in penal statute,
words shall be understood in a must be a person in law, an
general sense. artificial or natural person
Generale dictum generaliter
est interpretandum - a general Vargas v. Rillaroza
statement is understood in a judge without any
general sense modifying word or phrase
accompanying it is to be Republic Flour Mills v.
construed in generic sense to Commissioner of Customs
comprehend all kinds of product of the Philippines
judges; inferior courts or any product produced in the
justices of SC. country, e.g. bran (ipa) &
pollard (darak) produced from
C & C Commercial Corp v. wheat imported into the
NAWASA country are products of the
government - without Philippines
qualification should be
understood in implied or Generic term includes things that
generic sense including arise thereafter
GOCCs. Progressive interpretation - A
word of general signification
employed in a statute, in
Central Bank v. CA absence of legislative intent,
National Government - to comprehend not only
refers only to central peculiar conditions obtaining
government, consisting of at its time of enactment but
executive, legislative and those that may normally arise
judiciary, as well as after its approval as well
constitutional bodies ( as Progressive interpretation
distinguished from local extends to the application of
government & other statute to all subjects or
governmental entities) Versus- conditions within its general
> purpose or scope that come
The Government of the into existence subsequent
Republic of the Philippines from its passage
or Philippine Government Rationale: to keep statute
including central governments from becoming ephemeral
as well as local government & (short-lived) and transitory
GOCCs. (not permanent or lasting).
Statutes framed in general Words or phrases common
terms apply to new cases and among merchants and traders,
subjects that arise. acquire commercial meanings.
General rule in StatCon: When any of words used in
Legislative enactments in statute, should be given such
general comprehensive trade or commercial meaning
operation, apply to persons, as has been generally
subjects and businesses within understood among merchants.
their general purview and Used in the following: tariff
scope coming into existence laws, laws of commerce, laws
subsequent to their passage. for the government of the
importer.
Geotina v. CA The law to be applicable to his
articles of prohibited class, should be construed as
importation - used in Tariff universally understood by
and Customs Code embrace importer or trader.
not only those declared
prohibited at time of adoption,
but also goods and articles Asiatic Petroleum Co. v. CIR
subject of activities No tax shall be collected on
undertaken in subsequent articles which, before its
laws. taking effect, shall have been
disposed of
Gatchalian v. COMELEC Lay: parting away w/
any election - not only the something
election provided by law at Merchant: to sell (this must be
that time, but also to future used)
elections including election of
delegates to Constitutional San Miguel Corp. v. Municipal
Convention Council of Mandaue
gross value of money
Words with commercial or trade
meaning Merchant: gross selling
price which is the total
amount of money or its Statute: nothing herein
equivalent which purchaser contained shall prevent such
pays to the vendor to receive third person from vindicating
the goods. his claim to the property by
any proper action.
Words with technical or legal Issue: proper action limits
meaning the 3rd partys remedy to
General rule: words that have, intervene in the action in
or have been used in, a which the writ of attachment
technical sense or those that is issued
have been judicially construed Held: action has acquired a
to have a certain meaning well-defined meaning as an
should be interpreted ordinary suit in a court of
according to the sense in justice by which one party
which they have been prosecutes another for the
PREVIOUSLY used, although enforcement or protection of a
the sense may vary from the right or prevent redress or
strict or literal meaning of the wrong
words
Presumption: language used While
in a statute, which has a Sec 2 Rule 2 of Rules of
technical or well-known Court; Commencement of
meaning, is used in that sense Action
by the legislature Statute: Civil action may be
commenced by filing a
Manila Herald Publishing Co. v. complaint with the proper
Ramos court
Sec 14 of Rule 59 of Rules of Word: commencement -
Court which prescribes the indicates the origination of
steps to be taken when entire proceeding
property attached is claimed
It was appropriate to use
by a person other than the
proper action (in 1st statute)
defendant or his agent
than intervention, since
asserted right of 3rd party have been previously
claimant necessarily flows out convicted by final judgment
of pending suit; if the word of an offense punished by
intervention is used, it imprisonment of not less than
becomes strange. 1 month & a fine of no less
than Php 200.
Malanyaon v. Lising Issue: previously convicted
Sec. 13 of Anti-Graft Law Held: it refers to date of
Statute: if a public officer is conviction, not date of
acquitted, he shall be entitled commission of crime; thus a
to reinstatement and to his person convicted on same date
salaries and benefits which he of several offenses committed
failed to receive during the in different dates is not
suspension disqualified.
Issue: Will a public officer
whose case has been
dismissed not acquitted be
entitled to benefits in Sec. How identical terms in the statute
13? construed
Held: No. Acquittal (legal General rule: a word or phrase
meaning) - finding of not repeatedly used in a statute will
guilty based on the merit. bear the same meaning
Dismissal does not amount to throughout the statute; unless a
acquittal except when, the different intention is clearly
dismissal comes after the expressed.
prosecution has presented all Rationale: word used in statute
its evidence and is based on in a given sense presumed to be
insufficiency of such used in same sense throughout
evidence. the law. Though rigid and
peremptory, this is applicable
Rura v. Lopena where in the statute the words
Probation law - Disqualified appear so near each other
from probation those: who physically, particularly where
the word has a technical
meaning and that meaning has
been defined in the statute. Meaning of word qualified by
purpose of statute
De la Paz v. Court of Agrarian Purpose may indicate whether
Relations <Riceland> to give word, phrase, ordinary,
share tenancy - average technical, commercial
produce per hectare for the 3 restricted or expansive
agricultural years next meaning.
preceding the current harvest In construing, court adopts
leasehold - according to interpretation that accords
normal average harvest of the best with the manifest purpose
3 preceding yrs of statute; even disregard
Year- agricultural year not technical or legal meaning in
calendar year favor of construction which
Agricultural year - will effectuate intent or
represents 1 crop; if in 1 purpose.
calendar yr 2 crops are raised
thats 2 agricultural years.

Krivenko v. Register of Deeds Word or phrase construed in


Statute: In Sec.1 , Art. XIII of relation to other provisions
1935 Constitution - public General rule: word, phrase,
agricultural lands shall not be provision, should not be
alienated except in favor of construed in isolation but
Filipinos, SAME as Sec. 5 must be interpreted in relation
no private agricultural land to other provisions of the law.
shall be transferred or This is a VARIATION of the
assigned. rule that, statute should be
both have same meaning construed as a whole, and
being based on same policy of each of its provision must be
nationalization and having given effect.
same subject.
Claudio v. COMELEC
Statute (LGC): No recall Garcia v. COMELEC
shall take place within 1 yr History of statute:
from the date of the officials o In the Constitution, it
assumption of office or 1 year requires that legislature
immediately preceding a shall provide a system of
regular election initiative and referendum
Issue: Does the 1st limitation whereby people can
embraces the entire recall directly approve or reject
proceedings (e.g. preparatory any act or law or part
recall assemblies) or only the thereof passed by
recall election? Congress or local
Held: the Court construed legislative body.
recall in relation to Sec.69 o Local Govt. Code, a later
which states that, the power law, defines local
of recall shall be exercised initiative as process
by the registered voters of an whereby registered
LGU to which the local voters of an LGU may
elective official belongs. directly propose, enact,
Hence, not apply to all recall or amend any
proceedings since power ordinance.
vested in electorate is power It is claimed by
to elect an official to office respondents that
and not power to initiate recall since resolution is
proceedings. not included in this
definition, then the
Word or provision should not same cannot be
be construed in isolation form subject of an
but should be interpreted in initiative.
relation to other provisions of Issue: whether a local
a statute, or other statutes resolution of a municipal
dealing on same subject in council can be subject to an
order to effectuate what has initiative and referendum?
been intended. Held: We reject respondents
narrow and literal reading of
above provision for it will convey all its properties to a
collide with the Constitution trustee for benefits of its
and will subvert the intent of members, stockholders,
the lawmakers in enacting the creditors and other interested
provisions of the Local persons, the transfer of the
Government Code (LGC) of properties to the trustee being
1991 on initiative & for the protection of its
referendum creditors and stockholders.
The subsequent enactment of Word trustee - not to be
the LGC did not change the understood in legal or
scope of its coverage. In Sec. technical sense, but in
124 of the same code. It GENERAL concept which
states: (b) Initiative shall would include a lawyer to
extend only to subjects or whom was entrusted the
matters which are within the prosecution of the cases for
legal powers of the recovery of sums of money
Sanggunians to enact. against corporations debtors.
This provision clearly does
not limit the application of Republic v. Asuncion
local initiative to ordinances, Issue: Whether the
but to all subjects or matters Sandiganbayan is a regular
which are within the legal court within the meaning of
powers of the Sanggunians to R.A. 6975?
enact, which undoubtedly Statute: RA 6975 which
includes resolutions. makes criminal actions
involving members of the
Gelano v. C.A. PNP come within the
In Corporation Law, exclusive jurisdiction of the
authorizes a dissolved regular courts.
corporation to continue as a Used regular courts & civil
body corporate for 3 yrs. for courts interchangeably
the purpose of defending and Court martial - not courts
prosecuting suits by or against within the Philippine Judicial
it, and during said period to System; they pertain to the
executive department and meaning to promote object of
simply instrumentalities of the law.
executive power.
Regular courts - those within Munoz & Co. v. Hord
the judicial department of the Issue: Consumption limited
government namely the SC or broad meaning
and lower courts which Statute: word is used in statute
includes the Sandiganbayan. which provides that except as
Held: Courts considered the herein specifically exempted,
purpose of the law which is to there shall be paid by each
remove from the court merchant and manufacturer a
martial, the jurisdiction over tax at the rate of 1/3 of 1% on
criminal cases involving gross value of money in all
members of the PNP and to goods, wares and merchandise
vest it in the courts within the sold, bartered, or exchanged
judicial system. for domestic consumption.
Held: Considering the purpose
Molina v. Rafferty of the law, which is to tax all
Issue: Whether Agricultural merchants except those
products includes expressly exempted, it is
domesticated animals and fish reasonable and fair to
grown in ponds. conclude that legislature used
Statute: Phrase used in tax in commercial use and not in
statute which exempts such limited sense of total
products from payment of destruction of thing sold.
taxes, purpose is to encourage
the development of such Mottomul v. de la Paz
resources. Issue: Whether the word
Held: phrase not only includes court refers to the Court of
vegetable substances but also Appeals or the trial court?
domestic and domesticated Statute: RA 5343 Effect of
animals, animal products, and Appeal- Appeal shall not stay
fish or bangus grown in the award, order, ruling,
ponds. Court gave expansive decision or judgment unless
the officer or body rendering exempt from execution,
the same or the court, on forced sale or attachment,
motion, after hearing & on except for non payment of
such terms as it may deem just debts
should provide otherwise. Word debts means
Held: It refers to the TRIAL obligations in general.
COURT. If the adverse party
intends to appeal from a Krivenko v. Register of Deeds
decision of the SEC and Statute: lands were classified
pending appeal desires to stay into timber, mineral and
the execution of the decision, agricultural
then the motion must be filed Word agricultural used in
with and be heard by the SEC broad sense to include all
before the adverse party lands that are neither timber,
perfects its appeal to the Court nor mineral, such being the
of Appeals. context in which the term is
Purpose of the law: the need used.
for immediacy of execution of
decisions arrived at by said Santulan v. Executive. Secretary.
bodies was imperative. Statute: A riparian owner of
the property adjoining
Meaning of term dictated by foreshore lands, marshy lands
context or lands covered with water
The context in which the word bordering upon shores of
or term is employed may banks of navigable lakes shall
dictate a different sense have preference to apply for
Verba accipienda sunt such lands adjoining his
secundum materiam- a word property.
is to be understood in the Fact: Riparian - one who
context in which it is used. owns land situated on the
banks of river.
People v. Chavez Held: Used in a more broader
Statute: Family home sense referring to a property
extrajudicially formed shall be
having a water frontage, when government is immune from
it mentioned foreshore taxes.
lands, marshy lands, or
lands covered with water. Where the law does not distinguish
Ubi lex non distinguit, nec
Peo. v. Ferrer nos distinguere debemus -
(case where context may limit where the law does not
the meaning) distinguish, courts should not
Word: Overthrow distinguish.
Statute: Anti-Subversion Act Corollary principle: General
knowingly & willfully and words or phrases in a statute
by overt acts. should ordinarily be accorded
Rejects the metaphorical their natural and general
peaceful sense & limits its significance
meaning to overthrow by General term or phrase should
force or violence. not be reduced into parts and
one part distinguished from
the other to justify its
exclusion from operation.
Peo. v. Nazario Corollary principle: where the
Statute: Municipal tax law does not make any
ordinance provides any exception, courts may not
owner or manager of except something therefrom,
fishponds shall pay an annual unless there a compelling
tax of a fixed amount per reason to justify it.
hectare and it appears that the Application: when legislature
owner of the fishponds is the laid down a rule for one class,
government which leased no difference to other class.
them to a private person who Presumption: that the legislature
operates them made no qualification in the
Word: Owner does not general use of a term.
include government as the
ancient principle that Robles v. Zambales Chromite Co.
Statute: grants a person Statute: certain formalities
against whom the possession be followed in order that act
of any land is unlawfully may be considered valid.
withheld the right to bring an Held: no distinction between
action for unlawful detainer. essential or non-essential
Held: any land not exclusive formalities
to private or not exclusively to
public; hence, includes all Colgate-Palmolive Phils v.
kinds of land. Gimenez
Statute: does not distinguish
Director of Lands v. Gonzales between stabilizer and
Statute: authorizes the director flavors used in the
of lands to file petitions for preparation of food and those
cancellation of patents used in the manufacture of
covering public lands on the toothpaste or dental cream
ground therein provided.
Held: not distinguished
whether lands belong to Oliva v. Lamadrid
national or local government Statute: allows the redemption
or repurchase of a homestead
SSS v. City of Bacolod property w/in 5 years from its
Issue: exempts the payment of conveyance
realty taxes to properties Held: conveyance not
owned by RP distinguished - voluntary or
Held: no distinction between involuntary.
properties held in sovereign,
governmental, or political Escosura v. San Miguel Brewery
capacity and those possessed Inc.
in proprietary or patrimonial Statute: grants employee
character. leaves of absence with pay
Held: with pay refers to full
Velasco v. Lopez pay and not to half or less
than full pay; to all leaves of
absence and not merely to word, to tap any wire or cable,
sick or vacation leaves. or by using any other device
or arrangement
Olfato v. COMELEC Issue: Whether violation
Statute: makes COMELEC thereof refers to the taping of
the sole judge of all pre- a communication other than a
proclamation controversies participant to the
Held : all covers national, communication or even to the
provincial, city or municipal taping by a participant who
did not secure the consent of
Phil. British Assurance Co. v. the party to the conversations.
Intermediate Apellate Court Held: Law did not distinguish
Statute: A counterbond is to whether the party sought to be
secure the payment of any penalized ought to be party
judgment, when execution is other than or different from
returned unsatisfied those involved in the private
Held: any judgment communication. The intent is
includes not only final and to penalize all persons
executory but also judgment unauthorized to make any
pending appeal whose such recording, underscored
execution ordered is returned by any
unsatisfied.
Ligget & Myers Tobacco Co. v.
Ramirez v. CA CIR
Statute: Act to Prohibit & Statute: imposes a specific
Penalize Wire Tapping and tax on cigarettes containing
Other related Violations of Virginia tobacco . Provided
Private Communications and that of the length exceeds 71
Other Purposes millimeters or the weight per
It shall be unlawful, not thousand exceeds 1 kilos,
being authorized by all the the tax shall be increased by
parties to any private 100%.
communication or spoken Issue: whether measuring
length or weight of cigars,
filters should be excluded from violation of municipal
therefrom, so that tax would ordinance is comprehended
come under the general within the statute and
provision and not under the precludes applicant from
proviso? taking his oath.
Held: Not having
distinguished between filter Peralta v. CSC
and non-filter cigars, court Issue: whether provision of
should not distinguish. RA 2625, that government
employees are entitled to 15
days vacation leaves of
absence with full pay and 15
Tiu San v. Republic days sick leaves with full pay,
Issue: whether the conviction exclusives of Saturday,
of an applicant for Sundays or holidays in both
naturalization for violation of cases, applies only to those
a municipal ordinance would who have leave credits and
disqualify him from taking his not to those who have none.
oath as a citizen. Held: Law speaks of granting
Statute: An applicant may be of a right and does not
allowed to take his oath as a distinguish between those
citizen after 2 years from the who have accumulated and
promulgation of the decision those who have none.
granting his petition for
naturalization if he can show Pilar v. COMELEC
that during the intervening Statute: RA 7166 provides
period he has not been that Every candidate shall,
convicted of any offense or within 30 days after the day of
violation of government the election file xxx true and
rules itemized statement of all
Held: law did not make any contributions and
distinction between mala in se expenditures in connection
and mala prohibita. with the election.
Conviction of the applicant
Held: Law did not distinguish Panlungsod. He ran for
between a candidate who Congress but lost.
pushed through and one who Issue: He then wants to
withdrew it. resume his duties as member
Every candidate refers to of sangguiniang panlungsod.
one who pursued and even to He was merely forced on
those who withdrew his leave when he ran for
candidacy. Congress.
Held: the Secretary of Local
Sanciagco v. Rono Government denied his
(where the distinction appears request; being an appointive
from the statute, the courts sanggunian member, he was
should make the distinction) deemed automatically
Statute: Sec 13 of BP Blg. 697 resigned when he filed his
which provides that: Any certificate of candidacy.
person holding public
appointive or position shall Garvida v. Sales, Jr.
ipso facto cease in office or Issue: whether petitioner who
position as of the time he filed was over 21 but below 22 was
his certificate of candidacy qualified to be an elective SK
Governors, mayors, members member
of various sanggunians or Statute: Sec.424 of the LGC
barangay officials shall upon provides that a member of the
the filing of candidacy, be Katipunan ng Kabataan must
considered on forced leave of not be 21 yrs old.
absence from office Sec. 428 as additional
Facts: an elective Barangay. requirement provides that
Captain was elected President elective official of
of Association of Barangay Sangguniang Kabataan must
Councils and pursuant thereto not be more than 21 yrs. on
appointed by the President as the day of election
member of the Sanggunian Held: the distinction is
apparent: the member may be
more than 21 years of age on Statute: imposes amusement
election day or on the day he taxes on gross receipts of
registers as member of proprietor, lessee, or operator
Katipunan ng Kabataan. But of amusement place
the elective official, must not Held: or implies that tax
be more than 21 years of age should be paid by either
on the day of election. proprietor, lessee, or operator,
as the case may be, single &
Disjunctive and conjunctive words not by all at the same time.
Word or is a disjunctive
term signifying disassociation Use of or between 2 phrases
and independence of one thing connotes that either phrase
from each other. serves as qualifying phrase.
or means and, WHEN
Peo v. Martin THE SPIRIT OR CONTEXT
Statute: Sec. 40 of OF THE LAW SO
Commonwealth Act 61, WARRANTS
punishes any individual who
shall bring into or land in the Trinidad v. Bermudez (e.g. of or
Philippines or conceals or to mean and)
harbors any alien not duly Statute: Sec. 2, Rule 112 of
admitted by any immigration Rules of Court authorizing
officer municipal judges to conduct
does not justify giving the preliminary examination or
word a disjunctive meaning, investigation
since the words bring into
land, conceals and or equivalent of that is to
harbors being four separate say
acts each possessing its
distinctive, different and SMC v. Municipality of Mandaue
disparate meaning. (e.g. of or equivalent of that is
to say)
CIR v. Manila Jockey Club
Ordinance: imposes graduated And is a conjunction
quarterly fixed tax pertinently defined as
based on the gross value in meaning together with,
money or actual market joined with, along with,
value of articles; phrase or added to or linked to
actual market value intended o Never to mean or
to explain gross value in o Used to denote joinder or
money. union
and/or - means that effect
or means successively should be give to both
Statute: Art. 344 of the conjunctive and disjunctive
Revised Penal Code - the term
offenses of seduction, o term used to avoid
abduction, rape or acts of construction which by
lasciviousness, shall not be use of disjunctive or
prosecuted except upon a alone will exclude the
complaint by the offended combination of several of
party or her parents, the alternatives or by the
grandparents or guardian. use of conjunctive and
Although these persons are will exclude the efficacy
mentioned disjunctively, of any one of the
provision must be construed alternatives standing
as meaning that the right to alone.
institute a criminal proceeding
is exclusively and ASSOCIATED WORDS
successively reposed in said
persons in the order Noscitur a sociis
mentioned, no one shall where a particular word or
proceed if there is any person phrase is ambiguous in itself
previously mentioned therein or equally susceptible of
with legal capacity to institute various meanings, its correct
the action. construction may be made
clear and specific by
considering the company of
words in which it is found or authorized by specific
with which it is associated. statutes.
to remove doubt refer to the
meaning of associated or Carandang v. Santiago
companion words Issue: Whether an offended
party can file a separate and
Buenaseda v. Flavier independent civil action for
Statute: Sec. 13(3), Art XI of damages arising from
the Constitution grants physical injuries during
Ombudsman power to Direct pendency of criminal action
the officer concerned to take for frustrated homicide.
appropriate action against a Statute: Art. 33 of Civil Code
public official or employee at in case of defamation, fraud,
fault, and recommend his & physical injuries
removal, suspension, Held: Court ruled that
demotion, fine censure or physical injuries not as one
prosecution. defined in RPC, but to mean
suspension is a penalty or bodily harm or injury such as
punitive measure not physical injuries, frustrate
preventive homicide, or even death.

Magtajas v. Pryce Properties Co Kim Chan v. Valdez Tan Keh


Corp. Issue: Whether proceedings
Stat: Sec. 458 of LGC in civil cases pending in court
authorized local government under the so called Republic
units to prevent or suppress of the Philippines established
Gambling & other prohibited during the Japanese military
games of chance. occupation are affected by the
Gambling refers only to proclamation of Gen.
illegal gambling, like other McArthur issued on October
prohibited games of chance, 23, 1944 that all laws,
must be prevented or regulations and processes of
suppressed & not to gambling any other government in the
Philippines than that of the
said Commonwealth are null relatively large amounts of
and void and without legal capital and/or labor?
effect. Held: Since industries used
Processes does not refer to in the law for the 2nd time is
judicial processes but to the classified together with the
executive orders of the terms miners, mining
Chairman of the Philippine industries, planters and
Executive Committee, farmers, obvious legislative
ordinances promulgated by intent is to confine the
the President of so-called RP, meaning of the term to
and others that are of the activities that tend to produce
same class as the laws and or create or manufacture such
regulations with which the as those miners, mining
word processes is enterprises, planters and
associated. farmers.
If used in ordinary sense, it
becomes inconsistent and
Commissioner of Customs v. Phil. illogical
Acetylene Co.
Statute: Sec. 6 of RA 1394 Peo. v. Santiago
provides that tax provided Issue: Whether defamatory
for in Sec. 1 of this Act shall statements through the
not be imposed against the medium of an amplifier
importation into the system constitutes slander or
Philippines of machinery or libel?
raw materials to be used by Libel: committed by means
new and necessary industry of writing, printing,
xxx; machinery equipment, lithography, engraving, radio,
spare parts, for use of cinematographic exhibiton.
industries It is argued that amplifier
Issue: Is the word similar to radio
industries used in ordinary, Held: No. Radio should be
generic sense, which means considered as same terms
enterprises employing
with writing and printing compensation, separation pay,
whose common characteristic and other benefits provided
is the permanent means of by law or appropriate
publication. agreement, except claims for
employees compensation,
San Miguel Corp. v. NLRC social security, medicare and
Issue: Whether claim of an maternity benefits.
employee against his
employer for cash reward or Ebarle v. Sucaldito
submitting process to Statute: EO 265 outlines the
eliminate defects in quality & procedure which complainants
taste of San Miguel product charging government officials
falls within jurisdiction of the and employees with
labor arbiter of NLRC? commission of irregularities
Held: No. Outside of should be guided, applies to
jurisdiction. Not necessary criminal actions or
that entire universe of money complaints.
claims under jurisdiction of EO 265 complaints against
labor arbiter but only those to public officials and employees
1.) unfair labor practices, 2.) shall be promptly acted upon
claims concerning terms & and disposed of by the
conditions of employment 4.) officials or authorities
claims relating to household concerned in accordance with
services 5.) activities pertinent laws and regulations
prohibited to employers & so that the erring officials and
employees. employees can be soonest
Statute: jurisdiction of Labor removed or otherwise
Arbiters and the NLRC, as disciplines and the innocent,
last amended by BP Blg. 227 exonerated or vindicated in
including paragraph 3 all like manner, and to the end
money claims of workers, also that other remedies,
including hose based on including court action, may be
nonpayment or underpayment pursued forthwith by the
of wages, overtime interested parties, after
administrative remedies shall court, officers or bodies
have been exhausted whose decision, award are
Held: executive order does not appealable to the Court of
apply to criminal actions. The Appeals, enumerated as
term is closely overshadowed follows: Court of Agrarian
by the qualification - After Relations, Sec. of Labor,
administrative remedies shall Social Security Commission
have been exhausted, which etc; From grouping, the
suggest civil suits subject to enumeration in Sec. 5 means
previous administrative Court of Agrarian Relations
actions. not CA.

Mottomul v. dela Paz Ejusdem generis (or the same kind


Issue: Whether the word or species)
court in Sec 5, Art 5434: General rule: where a general
Appeal shall not stay the word or phrase follows an
award, order, ruling, decision enumeration of particular and
or judgment unless the officer specific words of the same
or body rendering the same or class or where the latter
the court, on motion after follow the former, the general
hearing, and on such terms as word or phrase is to be
it may deem just should construed to include, or to be
provide otherwise. The restricted to, persons, things
propriety of a stay granted by or cases akin to, resembling,
the officer or body rendering or of the same kind or class
the award, order, ruling, as those specifically
decision or judgment may be mentioned.
raised only by motion in the Purpose: give effect to both
main case, refers to the CA particular or general words,
or to the Court of Agrarian by treating the particular
Relations? words as indicating the class
Held: Correct construction and the general words as
made clear with reference to indicating all that is
Sec. 1 of RA 5434, where the embraced in said class,
although not specifically electricity for lighting or for
named by the particular power;
words. Held: phrase other
Principle: based on machinery would not include
proposition that had the steam turbines, pumps,
legislature intended the condensers, because not same
general words to be used in kind of machinery with
their generic and unrestricted dynamos, generators and
sense, it would have not exciters.
enumerated the specific
words. Vera v. Cuevas
Presumption: legislators Statute: all condensed
addressed specifically to the skimmed milk and all milk in
particularization whatever form shall be clearly
and legibly marked on its
Illustration immediate containers with
words: This milk is not
Mutuc v. COMELEC suitable for nourishment for
Statute: Act makes unlawful infants less than 1 year of
the distribution of electoral age
propaganda gadgets, pens, Held: restricts the phrase all
lighters, fans, flashlights, milk in whatever form,
athletic goods, materials and excluded filled milk.
the like
Held: and the like, does not Graphilon v. Municipal Court of
embrace taped jingles for Cigara
campaign purposes Statute: the vice-mayor shall
be entitled to assume the
Murphy, Morris & Co. v. Collector office of the mayor during the
of Customs absence, suspension or other
Statute: Dynamos, generators, temporary disability
exciters, and other machinery Held: anything which disables
for the generation of the mayor from exercising the
power and prerogatives of his
office, since their temporary Statute: In the case of a
disability follows the words corporation, all losses actually
absence and suspension sustained and not charged off
Peo. v. Magallanes within the taxable year and
Where a law grants a court not compensated for by
exclusive jurisdiction to hear insurance or otherwise.
and decide offenses or Contention: the assurances of
felonies committed by public responsible public officials
officials and employees in before the end of 1945 that
relation to their office, the property owners would be
phrase IN RELATION TO compensated for their losses
THEIR OFFICE qualifies or as a result of the war sufficed
restricts the offense to one to place the losses within the
which cannot exist without the phrase compensated xxx
office, or the office is a otherwise than by insurance
constituent element of the Held: Rejected! Otherwise
crime defined in the statute or in the clause compensated
one perpetuated in the for by insurance or
performance, though improper otherwise refers to
or irregular, of his official compensation due under a title
functions analogous or similar to
insurance. Inasmuch as the
latter is a contract establishing
Cu Unjieng Sons, Inc. v. Bord of a legal obligation, it follows
Tax Appeals that in order to be deemed
Issue: whether losses due to compensated for xxx
the war were to be deductible otherwise, the losses
from gross income of 1945 sustained by a taxpayer must
when they were sustained, or be covered by a judicially
in 1950 when Philippine War enforceable right, springing
Damage Commission advised from any of the juridical
that no payment would be sources of obligations,
made for said losses? namely, law, contract, quasi-
contract, torts, or crimes, and
not mere pronouncement of Patent Office its duly
public officials stamped or marked bottles
used for soda water, mineral
Cebu Institute of Technology v. or aerated waters, cider, milk,
Ople cream or other lawful
Issue: Whether teachers hired beverages, includes hard
on contract basis are entitled liquor?
to service incentive leave Statute title: An Act to
benefits as against the claim regulate the use of stamped or
that they are not so? marked bottles, boxes, casks,
Statute: Rule V of IRR of kegs, barrels, & other similar
Labor Code: This rule (on containers.
service incentive leaves) shall Held: The title clearly shows
apply to all employees, except intent to give protection to all
filed personnel and other marked bottles of all lawful
employees whose beverages regardless of nature
performance is unsupervised of contents.
by the employer including
those who are engaged on National Power Corp. v. Angas
task or contract basis. Issue: whether the term
Held: those who were judgment, refers to any
employed on task or contract judgment directing the
basis should be related with payment of legal interest.
field personnel, apply the Statute: Central Bank Circular
principle, clearly teachers are # 416 by virtue of the
not field personnel and authority granted to it under
therefore entitled to service Sec. 1 of Act Number 2655, as
incentive leave benefits. amended, otherwise known as
Usury Law, the Monetary
Cagayan Valley Enterprises v. CA Board in a resolution
Issue: whether the phrase prescribed that the rate of
other lawful beverages interest for loan or
which gives protection to forbearance of any money,
manufacturer with the Phil. good or credit & the rate
allowed in judgment in the restricted the meaning of
absence of express contract subordinates
shall be 12% per annum.
Held: Judgments should mean Limitations of ejusdem generis
only judgments involving Requisites:
loans or forbearance money, o Statute contains an
goods or credit, these later enumeration of particular
specific terms having & specific words,
restricted the meaning followed by general
judgments to those same word or phrase
class or the same nature as o Particular and specific
those specifically enumerated. words constitute a class
or are the same kind
Republic v. Migrino o Enumeration of the
Facts: retired military officer particular & specific
was investigated by the PCGG words is not exhaustive
for violation of Anti-Graft Act or is not merely by
in relation to EO # 1 & 2 examples
authorizing the PCGG to o There is no indication of
recover ill-gotten wealth from legislative intent to give
the former Presidents the general words or
subordinates and close phrases a broader
associates meaning
Issue: Does PCGG have Rule of ejusdem generis, is
jurisdiction to investigate such not of universal application; it
military officer for being in should use to carry out, not
service during the defeat the intent of the law.
administration of the former
President? US v. Santo Nino
Held: Subordinates refers Statute: It shall be unlawful to
only to one who enjoys close for any person to carry
association or relation to the concealed about his person
former President and his wife; any bowie, knife, dagger, kris
term close associates or other deadly weapon.
Provided prohibition shall not business, industry. and uses
apply to firearms who have the services of another person,
secured a license or who are who under his orders as
entitled to carry the same regard the employment,
under the provisions of this except the Government, and
Act. any of its political
Issue: does the deadly subdivisions branches or
weapon include an instrumentalities and
unlicensed revolver? GOCCs.
Held: Yes! Carrying such Held: No. the rule of ejusdem
would be in violation of generis applies only when
statute. By the proviso, it there is uncertainty. The
manifested its intention to definition is sufficiently
include in the prohibition comprehensive to include
weapons other than armas charitable institutions and
blancas therein specified. charities not for profit; it
contained exceptions which
Cagayan Valley Enterprises, Inc. v. said institutions and entities
CA previous page, sa kabilang are not included.
column
Expressio unius est exclusion
Roman Catholic Archbishop of alterius
Manila v. Social Security The express mention of one
Commission person, thing or consequence
Issue: a religious institution implies the exclusion of all
invoking ejusdem generi others.
whether employer be Rule may be expressed in a
limited to undertaking an number of ways:
activity which has an element o Expressum facit cessare
of profit or gain? tacitum - what is
Statute: any person, natural expressed puts an end to
or juridical, domestic or that which is implied
foreign, who carried in the where a statute, by its
Philippines any trade, terms, is expressly
limited to certain matters, in a hospital, who is afflicted
it may not, by with a contagious disease.
interpretation or Held: Court denied petition
construction, be extended for writ of habeas corpus
to other matters. (filed by the native-born
o Exceptio firmat regulam American citizen on behalf of
in casibus non exceptis - wife detained in hospital),
A thing not being court resorted to negative-
excepted must be opposite doctrine, stating that
regarded as coming statute plainly relates to wife
within the purview of the of a naturalized citizen &
general rule cannot interpolate native-
o Expressio unius est born citizen.
exclusion alterius - The Analysis: courts application
expression of one or results to injustice (as should
more things of a class not discriminate against
implies the exclusion of native-born citizens), which is
all not expressed, even not intent of law, should have
though all would have used doctrine of necessary
been implied had none implication.
been expressed; opposite
the doctrine of necessary Application of expression unius
implication rule
Generally used in construction
Negative-opposite doctrine of statutes granting powers,
Argumentum a contrario- creating rights and remedies,
what is expressed puts an end restricting common rights,
to what is implied. imposing rights & forfeitures,
as well as statutes strictly
Chung Fook v. White construed.
Statute: case exempts the wife
of a naturalized American Acosta v. Flor
from detention, for treatment Statute: specifically
designates the persons who
may bring actions for quo
warranto, excludes others Vera v. Fernandez
from bringing such actions. Statute: All claims for money
against the decedent, arising
Escribano v. Avila from contracts, express or
Statute: for libel, preliminary implied, whether the same be
investigations of criminal due, not due, or contingent, all
actions for written defamation claims for funeral expenses
xxx shall be conducted by the and expenses for the last
city fiscal of province or city sickness of the decedent, and
or by municipal court of city judgment for money against
or capital of the province decedent, must be filled
where such actions may be within the time limit of the
instituted precludes all other notice, otherwise barred
municipal courts from forever.
conducting such preliminary Held: The taxes due to the
investigations government, not being
mentioned in the rule are
Peo. v. Lantin excluded from the operation
Statute: crimes which cannot of the rule.
be prosecuted de oficio
namely adultery, concubinage, Mendenilla v. Omandia
seduction, rape or acts of Statute: changed the form of
lasciviousness; crimes such as government of a municipality
slander can be prosecuted de into a city provides that the
oficio. incumbent mayor, vice-mayor
and members of the municipal
board shall continue in office
More short examples on p. 225 until the expiration of their
Manila Lodge No. 761 v. CA terms.
Santos v. CA Held: all other municipal
Lerum v. Cruz offices are abolished.
Central Barrio v. City Treasurer of
Davao Butte v. Manuel Uy & Sons, Inc.
Statute: Legislature Samson v. Court of Appeals
deliberately selected a Where the law provides that
particular method of giving positions in the government
notice, as when a co-owner is belong to the competitive
given the right of legal service, except those declared
redemption within 30 days by law to be in the
from notice in writing by the noncompetitive service and
vendor in case the other co- those which are policy-
owner sells his share is the co- determining, primarily
owned property, confidential or highly
Held: the method of giving technical in nature and
notice must be deemed enumerates those in the
excusive & a notice sent by noncompetitive as including
vendee is ineffective. SECRETARIES OF
GOVERNORS AND
MAYORS, the clear intent is
that assistant secretaries of
governors and mayors fall
Villanueva v. City of Iloilo under the competitive service,
Statute: Local Autonomy Act, for by making an
local governments are given enumeration, the legislature is
broad powers to tax presumed to have intended to
everything, except those exclude those not enumerated,
which are specifically for otherwise it would have
mentioned therein. If a subject included them in the
matter does not come within enumeration
the exceptions, an ordinance
imposing a tax on such Firman General Insurance Corp. v.
subject matter is deemed to CA
come within the broad taxing The insurance company
power, exception firmat disclaimed liability since
regulam in casibus non death resulting from murder
exceptis. was impliedly excluded in the
insurance policy as the cause
of death is not accidental but Centeno v. Villalon-Pornillos
rather a deliberate and Issue: whether the solicitation
intentional act, excluded by for religious purposes, i.e.,
the very nature of a personal renovation of church without
accident insurance. securing permit fro
Held: the principle Department of Social
expresssio unius est exclusio Services, is a violation of PD
- the mention of one thing 1564, making it a criminal
implies the exclusion of the offense for a person to solicit
other thing - not having been or receive contributions for
expressly included in the charitable or public welfare
enumeration of circumstances purposes.
that would negate liability in Held: No. Charitable and
said insurance policy cannot religious specifically
be considered by implication enumerated only goes to show
to discharge the petitioner that the framers of the law in
insurance company to include question never intended to
death resulting from murder include solicitations for
or assault among the religious purposes within its
prohibited risks lead coverage.
inevitably to the conclusion
that it did not intend to limit
or exempt itself from liability
for such death
Insurance company still liable Limitations of the rule
for the injury, disability and 1. It is not a rule of law, but
loss suffered by the insured. merely a tool in statutory
(sobra to, I swear! Minurder construction
na nga, ayaw pang bayaran! 2. Expressio unius est exclusion
Sobra! Hindi daw alterius, no more than
accidental eh di mas lalo ng auxiliary rule of interpretation
kailangang bayaran dahil to be ignored where other
murder! Sus! Sus!) circumstances indicate that
the enumeration was not to limit the operation of its
intended to be exclusive. provision to particular persons
3. Does not apply where or things enumerating them,
enumeration is by way of but no reason exists why other
example or to remove doubts persons or things not so
only. enumerated should not have
been included and manifest
Gomez v. Ventura injustice will follow by not
Issue: whether the including them.
prescription by a physician of 5. If it will result in incongruities
opium for a patient whose or a violation of the equal
physical condition did not protection clause of the
require the use of such drug Constitution.
constitutes unprofessional 6. If adherence thereto would
conduct as to justify cause inconvenience, hardship
revocation of physicians and injury to the public
license to practice interest.
Held: Still liable! Rule of
expressio unius not applicable Doctrine of casus omissus
Court said, I cannot be A person, object or thing
seriously contended that aside omitted from an enumeration
from the five examples must be held to have been
specified, there can be no omitted intentionally.
other conduct of a physician The maxim operates only if
deemed unprofessional. Nor and when the omission has
can it be convincingly argued been clearly established, and
that the legislature intended to in such a case what is omitted
wipe out all other forms of in the enumeration may not,
unprofessional conduct by construction, be included
therefore deemed grounds for therein.
revocation of licenses Exception: where legislature
did not intend to exclude the
4. Does not apply when in case a person, thing or object from
statute appears upon its face the enumeration. If such
legislative intent is clearly dependent upon him for
indicated, the court may support and living separately
supply the omission if to do from him BECAUSE the
so will carry out the clear qualifying phrase who are
intent of the legislature and dependent upon him for
will not do violence to its support refers solely to its
language last antecedent, namely, such
other person or persons,
Doctrine of last antecedent whether related to the tenant
Qualifying words restrict or or not
modify only the words or
phrases to which they are Florentino v. PNB
immediately associated not Issue: whether holders of
those which are distantly or backpay certificates can
remotely located. compel government-owned
Ad proximum antecedens fiat banks to accept said
relatio nisi impediatur certificates in payment of the
sententia relative words holders obligations to the
refer to the nearest bank.
antecedents, unless the Statute: obligations
context otherwise requires subsisting at the time of the
Rule: use of a comma to approval of this amendatory
separate an antecedent from act for which the applicant
the rest exerts a dominant may directly be liable to the
influence in the application of government or to any of its
the doctrine of last antecedent. branches or instrumentalities,
or to corporations owned or
Illustration of rule controlled by the government,
or to any citizens of the
Pangilinan v. Alvendia Philippines or to any
Members of the family of the association or corporation
tenant includes the tenants organized under the laws of
son, son-in-law, or grandson, the Philippines, who may be
even though they are not
wiling to accept the same for object, or let each be put in its
such settlement proper place, that is, the word
Held: the court, invoking the should be taken distributively.
doctrine of last antecedent,
ruled that the phrase qualify Peo. v Tamani
only to its last antecedent Issue: when to count the 15-
namely any citizen of the day period within which to
Philippines or association or appeal a judgment of
corporation organized under conviction of criminal action
the laws of the Philippines date of promulgation of
The court held that backpay judgment or date of receipt of
certificate holders can compel notice of judgment.
government-owned banks to Statute: Sec. 6, Rule 122 of
accept said certificates for the Rules of Court
payment of their obligations Held: Should be from
with the bank. promulgation should be
referring to judgment, while
Qualifications of the doctrine. notice refer to order.
1. Subject to the exception that
where the intention of the law King v. Hernandez
is to apply the phrase to all Issue: Whether a Chinese
antecedents embraced in the holding a noncontrol position
provision, the same should be in a retail establishment,
made extensive to the whole. comes within the prohibition
2. Doctrine does not apply where against aliens intervening in
the intention is not to qualify the management, operation,
the antecedent at all. administration or control
followed by the phrase
Reddendo singular singuilis whether as an officer,
Variation of the doctrine of employee or laborer
last antecedent Held: Following the principle,
Referring each to each; the entire scope of personnel
Referring each phrase or activity, including that of
expression to its appropriate laborers, is covered by the
prohibition against the
employment of aliens. PROVISOS, EXCEPTIONS
AND CLAUSES
Amadora v. CA
Issue: whether Art 2180 of Provisos, generally
Civil Code, which states that to limit the application of the
lastly teachers or heads of enacting clause, section or
establishments of arts and provision of a statute, or
trade shall be liable for except something, or to
damages caused by their qualify or restrain its
pupils and students or generality, or exclude some
apprentices so long as they possible ground of
remain in their custody misinterpretation of it, as
applies to all schools, extending to cases not
academic as well as non- intended by legislature to be
academic brought within its purview.
Held: teachers pupils and Rule: restrain or qualify the
students; heads of generality of the enacting
establishments of arts and clause or section which it
trades to apprentices refers.
General rule: responsibility Purpose: limit or restrict the
for the tort committed by the general language or operation
student will attach to the of the statute, not to enlarge it.
teacher in charge of such Location: commonly found at
student (where school is the end of a statute, or
academic) provision & introduced, as a
Exception: responsibility for rule, by the word Provided.
the tort committed by the Determined by: What
student will attach to the head, determines whether a clause is
and only he, (who) shall be a proviso is its substance
held liable (in case of the rather than its form. If it
establishments of arts and performs any of the functions
trades; technical or vocational of a proviso, then it will be
in nature) regarded as such, irrespective
of what word or phrase is used Would mean exactly the
to introduce it. reverse of what is necessarily
implied when read in
Proviso may enlarge scope of law connection with the limitation
It is still the duty of the courts Purpose:
to ascertain the legislative o To limit generalities
intention and it prevails over o Exclude from the scope
proviso. of the statute that which
Thus it may enlarge, than otherwise would be
restrict within its terms

U.S. v. Santo Nino What proviso qualifies


Statute: it shall be unlawful General rule: qualifies or
for any person to carry modifies only the phrase
concealed about his person immediately preceding it; or
any bowie, knife, dagger, kris restrains or limits the
or any other deadly weapon: generality of the clause that it
Provided, that this provision immediately follows.
shall not apply to firearms in Exception: unless it clearly
the possession of persons who appears that the legislature
have secured a license intended to have a wider
therefore or who are entitled scope
to same under provisions of
this Act. Chinese Flour Importers Assn v.
Held: through the Proviso it Price Stabilization Board
manifested the intention to Statute: Sec. 15 RA 426 - Any
include in the prohibition existing law, executive order
weapons other than armas or regulation to the contrary
blancas as specified. notwithstanding, no
government agency except the
Proviso as additional legislation Import Control Commission
Expressed in the opening shall allocate the import quota
statement of a section of a among the various importers.
statute
Provided, That the Philippine be confined to qualify only
Rehabilitation and Trade the section to which it has
Administration shall have been appended.
exclusive power and authority
to determine and regulate the Flores v. Miranda
allocation of wheat flour Issue: Petitioner that approval
among importers. of the Public Service
Issue: whether or not the Commission of the sale of
proviso excluded wheat flour public service vehicle was not
from the scope of act itself. necessary because of proviso
Held: NO! Proviso refer to in Sec. 20 of Commonwealth
the clause immediately Act No. 146
preceding it and can have no Statute: It shall be unlawful
other meaning than that the for any public service vehicle
function of allocating the or for the owner, lessee or
wheat flour instead of operator thereof, without the
assigning to Import Control previous approval and
Commission was assigned to authority of the Commission
PRTA. previously had xxx to sell,
If wheat flour is exempted alienate xxx its property,
from the provisions of the Act, franchise; Provided, however,
the proviso would have been that nothing herein contained
placed in the section shall be construed to prevent
containing the repealing the transaction from being
clause negotiated or completed
before its approval or to
Collector of Internal Revenue v. prevent the sale, alienation, or
Angeles lease by any public service of
When an earlier section of any of its property in the
statute contains proviso, not ordinary course of business
embodied in later section, the Held:
proviso, not embodied in a o the proviso xxx means
later section thereof, in the only that the sale without
absence of legislative intent, the required approval is
still valid and binding to which it is attached; if no
between the parties; also contrary legislative intent is
o the phrase in the indicated.
ordinary course of Where intent is to qualify or
business xxx could not restrict the phrase preceding it
have been intended to or the earlier provisions of the
include sale of vehicle statute or even the statute
itself, but at most may itself as a whole, then the
refer only to such proviso will be construed in
property that may be that manner, in order that the
conceivably disposed of intent of the law may be
by the carrier in the carried out
ordinary course of its
business, like junked Repugnancy between proviso and
equipment. main provision
Where there is a conflict
Mercado Sr. v. NLRC between the proviso and the
Held: the proviso in par 2 of main provision, that which is
Art 280 relates only to casual located in a later portion of
employees; not to project the statute prevails, unless
employees. there is legislative intent to
Applying rule that proviso to the contrary.
be construed with reference to Latter provision, whether
immediately preceding part of provision or not, is given
the provision which it is preference for it is the latest
attached and not to other expression of the intent of the
sections thereof, unless legislation.
legislative intent was to
restrict or qualify. Exceptions, generally
Exception consists of that
Exception to the rule which would otherwise be
Proviso construed to qualify included in the provision from
only the immediately which it is excepted.
preceding part of the section
It is a clause which exempts Part of the enactment itself,
something from the operation absolutely excluding from its
of a statute by express words. operation some subject or
except, unless otherwise, thing that would otherwise fall
and shall not apply within the scope.
May not be introduced by Proviso:
words mentioned above, as Defeats its operation
long as if such removes conditionally.
something from the operation Avoids by way of defeasance
of a provision of law. or excuse
Function: to confirm the If the enactment is modified
general rule; qualify the words by engrafting upon it a new
or phrases constituting the provision, by way of
general rule. amendment, providing
Exceptio firmat regulam in conditionally for a new case-
casibus exceptis - A thing not this is the nature of proviso.
being excepted, must be
regarded as coming within the Similar: in a way since one of the
purview of the general rule. functions of proviso is to except
Doubts: resolved in favor of something from an enacting clause.
general rule
Illustration of exception

Exception and Proviso MERALCO v. Public Utilities


distinguished Employees Association
Statute: No person, firm, or
Exception: corporation, business
Exempts something absolutely establishment or place shall
from the operation of statute compel an employee or
Takes out of the statute laborer to work on Sundays&
something that otherwise legal holidays, unless paid an
would be a part of the subject additional sum of at least 25%
matter of it. of his renumeration:
Provided, that this prohibition
shall not apply to public Held: it qualifies only its
utilities performing public nearest antecedent, which is
service, e.g. supplying gas, the distribution of the printed
electricity, power, water etc bill in its final form 3 days
Issue: Is MERALCO liable to from its final passage.& not
pay the 25% for employees the 3 readings on separate
who work during holidays and days.
Sundays?
Held: Negative. 2nd part is an Pendon v. Diasnes
exception although introduced Issue: whether a person
by Provided. As appellant is convicted of a crime against
a public utility that supplies property, who was granted
electricity & provides means absolute pardon by the
of transportation, it is evident President, is entitled to vote?
that appellant is exempt from Statute: A person shall not be
qualified prohibition qualified to vote who has
established in the enactment been sentenced by final
clause. judgment to suffer one year or
more from imprisonment,
Tolentino v. Secretary of Finance such disability not having
Statute: No bill shall be been removed any plenary
passed by either House shall pardon or who has been
become a law unless it has declared by final judgment
passed 3 readings on separate guilty of any crime against
days, & printed copies thereof property.
in its final form have been 1st clause- 2 excpetions (a)
distributed to its Members 3 Person penalized by less than
days before its passage, 1 yr.; and (2) Person granted
except when the President an absolute pardon
certifies to the necessity of its 2nd clause - creates exception
immediate enactment to meet to 1st but not to 2nd that a
a public calamity or person convicted of crime
emergency. against property cannot vote
unless theres pardon.
Held: absolute pardon for any even if he actually received
crime for which one year of the mail months later.
imprisonment or more was 2nd part is separated by
meted out restores the semicolon, and begins with
prisoner to his political rights. but which indicates
If penalty less 1 yr, exception.
disqualification not apply,
except when against property- Saving clause
needs pardon. Provision of law which
The 2nd clause creates the operates to except from the
exception to the 1st effect of the law what the
clause provides, or save
Gorospe v. CA (exception need not something which would
be introduced by except or otherwise be lost.
unless) Used to save something from
Statute: Rule 27 of Rules of effect of repeal of statute
Court, service by registered Legislature, in repealing a
mail is complete upon actual statute, may preserve in the
receipt by the addressee; but if form of a saving clause, the
fail to claim his mail from the right of the state to prosecute
post office within 5 days from and punish offenses
ate of first notice of the committed in violation of the
postmaster, service shall take repealed law.
effect at the expiration of such Where existing procedure is
time. altered or substituted by
Issue: Whether actual receipt another, usual to save
the date of a registered mail proceedings under the old law
after 5 day period, is the date at the time the new law takes
from which to count the effect, by means of saving
prescriptive period to comply clause
with certain requirements. Construed: in light of intent
Held: Service is completed on by legislature
the 5th day after the 1st notice,
Given strict or liberal meaning chapter is to construe it
depending on nature of as a whole)
statute. o Separate context
o Base definitions on
CHAPTER SIX: Statute lexicographer (what is a
Construed as Whole and in lexicographer? A person
Relation to other Statutes who studies
lexicography. What is
STATUTE CONSTRUED AS lexicography then?
WHOLE Analyzes semantic
relationships between
Generally lexicon and language
Statute is passed as a whole not important. Never
o It should have one mind ) ang kulit!
purpose and one intent The whole point of this part is
o Construe its parts and to construe the whole statute
section in connection and its part together (actually
with other parts kahit ito nalang tandaan
o Why? To produce a hanggang matapos kasi ito
harmonious whole lang yung sinasabi ng book)

Never: Intent ascertained from statute as


o Divide by process of whole
etymological dissertation Legislative meaning and
(why? Because there are intent should be
instances when the extracted/ascertained from
intention of the statutes as a whole (hence the
legislative body is title)
different from that of the o Why? Because the law is
definition in its original the best expositor of
sense) itself
o Separate the words Optima Statuti Interpretatio
(remember that the est ipsum statutum - the best
whole point of this
interpreter of a statute is the o Most important: Every
statute itself part of the statute must
o [remember this story to be interpreted with
memorize the maxim: reference to the context
Optima at Statuti Frutti
where interpreting as to Aboitiz Shipping Corp v. City of
why when Cebu
cockroaches(IPIS) when Described that if the words or
added results to SUM phrases of statute be taken
(ipsum) a stadium individually it might convey a
(statutum)] sorry meaning different form the
blockmates, weird si one intended by the author.
cherry! Interpreting words or phrases
Do not inquire too much into separately may limit the
the motives which influenced extent of the application of the
the legislative body unless the provision
motive is stated or disclosed
in the statute themselves. Gaanan v. Intermediate Appellate
Court
Aisporna v. CA Case of wire tapping
pointed out that words, There is a provision which
clauses, phrases should not be states that it shall be
studied as detached/isolated unlawful for any person, not
expressions being authorized by all the
o Consider every part in parties to any private
understanding the communication or spoken
meaning of its part to word to tap any wire or cable
produce a harmonious or by using any other device
whole or arrangement, to secretly
o Meaning of the law is overhear, intercept, or record
borne in mind and not to such communication or
be extracted from a spoken word by using such
single word device commonly known as
dictagraph
Issue: whether the phrase combination of first and
device or arrangement second paragraph
includes party line and First sentence states that such
extension other additional compensation
Statcon: it should not be not otherwise specified as
construed in isolation. Rather may be determined by the
it should be interpreted in DBM shall be deemed
relation to the other words included in the standardized
(tap, to overhear) thus party salary rates herein
line or telephone extension is prescribed. The second
not included because the sentence states such other
words in the provision limit it additional compensation,
to those that have a physical whether in cash or in kind,
interruption through a wiretap being received by incumbents
or the deliberate installation of only as of July 1, 1989 not
device to overhear. integrated into the standard
(Remember the maxim shall continue to be
noscitus a sociis because in authorized. (you can ask
here they applied an cheery na lang to explain it,
association with other words ang haba ng nasa book )
in construing the intention or statcon: do not isolate or
limitation of the statute) detach the parts. Construing a
statute as a whole includes
National Tobacco Administration v. reconciling and harmonizing
COA conflicting provisions
Issue: whether educational
assistance given to individuals Purpose or context as controlling
prior to the enactment of RA guide
6758 should be continued to construe whole statute and
be received? ascertain the meaning of the
Held: Yes. Proper words or phrases base on its
interpretation of section12 RA context, the nature of the
6758 depends on the subject, and purpose or
intention of the legislative (1) Understand its meaning
body who enacted the statute and scope; (2) apply to an
give it a reasonable actual case; (3) courts should
construction consider the whole act itself
Leeway are accepted on Why should every part of the
grammatical construction, statute be given effect? -
letters of the statutes, Because it is enacted as an
rhetorical framework if it can integrated measure not a
provide a clear and definite hodgepodge of conflicting
purpose of the whole statute provisions
( as long as it can produce a Ways on how the courts
clear and definite statutes, it is should construe a statute
sometimes affected to be lax (according to Republic v.
on the construction of Reyes):
grammar) o Interpret the thought
Harmonize the parts of each conveyed by the statute
other and it should be as whole
consistent with its scope and o Construe constituent
object parts together
o Ascertain legislative
Giving effect to statute as a whole intent form whole part
Why construe a statute as a o Consider each and every
whole? - Because it implies provision in light of the
that one part is as important as general purpose
the other o Make every part
What if the provision/section effective, harmonious
is unclear by itself? - One can and sensible (adopt a
make it clear by reading and construction which
construing it in relation to the would give effect to
whole statute every part of the of the
How do you properly and statute)
intelligently construe a Ut res magis valeat
provision/statute? - 3 ways: quam pereat - the
construction is to be
sought which gives does not have jurisdiction
effect to the whole over criminal cases.
of the statute - of its
every word. Sajonas v. CA
Issue: what period an adverse
Apparently conflicting provisions claim annotated at the back of
reconciled a transfer certificate effective?
included in the rule of Held: In construing the law
construing statute as a whole, Sec. 70 of PD 1529 (adverse
is the reconciling and claim shall be effective for a
harmonizing conflicting period of 30 days from the
provisions because it is by this date of the registration) care
that the statute will be given should be taken to make every
effect as a whole. part effective
Why is it a must for courts to
harmonize conflicting Special and general provisions in
provision? - Because they are same statute
equally the handiwork of the special would overrule the
same legislature general
special must be operative;
RP v. CA general affect only those it
Issue: whether or not an applies
appeal of cases involving just except to general provision
compensation should be made
first by DARAB before RTC Construction as not to render
under Sec. 57 provision nugatory
Held: SC said that the another consequence of the
contention of the Republic rule: provision of a statute
and the Land Bank in the should not be construed as to
affirmative side has no merit nullify or render another
because although DARAB is nugatory in the same statute
granted a jurisdiction over Interpretatio fienda est et res
agrarian reform matters, it magis valeat quam pereat - a
law should be interpreted with What if the conflict cannot be
a view to upholding rather harmonized and made to stand
than destroying together? - one must inquire
o Do not construe a statute into the circumstances of their
wherein one portion will passage
destroy the other
o Avoid a construction Construction as to give life to law
which will render to provide sensible interpretation
provision inoperative to promote the ends of which
they were enacted
Reason for the rule construct them in a reasonable
because of the presumption and practical way to give life
that the legislature has enacted to them
a statute whose provisions are Interpretatio fienda es ut res
in harmony and consistent magis valeat quam pereat -
with each other and that interpretation will give the
conflicting intentions is the efficacy that is to be adopted.
same statute are never
supported or regarded Construction to avoid surplusage
construe the statute to make
Qualification of rule no part or provision thereof as
What if the parts cannot be surplasage
harmonized or reconciled each and every part should be
without nullifying the other? - given due effect and meaning
Rule is for the court to reject
do not construe a legal
the one which is least in
provision to be a useless
accord with the general plan
surplusage and meaningless
of the whole statute
exert all efforts to provide the
What if there is no choice? -
meaning. Why? Because of
the latter provision must
the presumption that the
vacate the former; last in order
legislature used the word or
is frequently held to prevail
phrase for a purpose
unless intent is otherwise
Application of rule superfluity and without
meaning at all
Mejia v.Balalong
Issue: how to constru next Uytengsu v Republic
general election in Sec. 88 of Issue: whether the
the City Charter of Dagupan requirement the requirement
City? for naturalization that the
Held: the phrase refers to the applicant will reside
next general election after the continuously in the
city came into being and not Philippines from the date of
the one after its organization the filing of the petition up to
by Presidential Proclamation. the time of his admission to
Philippine citizenship refers
Niere v. CFI of Negros Occidental to actual residence or merely
Issue: does the city mayor to legal residence or domicile
have the power to appoint a Held: such requirement refers
city engineer pursuant to Sec. to actual or physical residence
1 of the City Charter of La because to construe it
Carlote otherwise is to render the
Held: no, the city mayor does clause a surplusage.
not have such power. The An applicant for
phrase and other heads and naturalization must be
other employees of such actually residing in the
departments as may be Philippines from the filing of
created whom the mayor can the petition for naturalization
appoint, refers to the heads of to its determination by the
city departments that may be court
created after the law took
effect, and does not embrace Manila Lodge No. 761 v. CA
the city engineer. To rule Issue: whether the reclaimed
otherwise is to render the first land is patrimonial or public
conjunction and before the dominion?
words fire department a Held: to say that the land is
patrimonial will render
nugatory and a surplusage the the vice-mayor to make
phrase of the law to the effect appointment pursuant to the
that the City of Manila is amendatory act is limited to
hereby authorized to lease or the appointment of all
sell employees of the board other
A sale of public dominion than the board secretary who
needs a legislative is to be appointed by the
authorization, while a board itself
patrimonial land does not.
STATUTE CONSTRUED IN
Statute and its amendments RELATION TO
construed together CONSTITUTION AND OTHER
rule applies to the STATUTES
construction and its
amendments Statute construed in harmony with
Whatever changes the the Constitution
legislature made it should be Constitution- the fundamental
given effect together with the law to which all laws are
other parts. subservient
General Rule: Do not interpret
Almeda v. Florentino a statute independent from the
Law the municipal board constitution
shall have a secretary who Construe the statute in
shall be appointed by it to harmony with the
serve during the term of office fundamental law: Why?
of the members thereof Because it is always presumed
Amendment the vice- that the legislature adhered to
mayor shall appoint all the constitutional limitations
employees of the board who when they enacted the statute
may be suspended or removed It is also important to
in accordance with law understand a statute in light of
Construction of both Law and the constitution and to avoid
Amendment the power of interpreting the former in
conflict with the latter
What if the statute is Statutes in Pari Materia
susceptible to two pari materia - refers to any the
constructions, one is following:
constitutional and the other is o same person or thing
unconstitutional? A: The o same purpose of object
construction that should be o same specific subject
adopted should be the one that matter
is constitutional and the one Later statutes may refer to
that will render it invalid prior laws.
should be rejected. What if the later law have no
The Court should favor the reference to the prior law,
construction that gives a does that mean they are not in
statute of surviving the test of pari materia? - No. It is
constitutionality sufficient that they have the
The Court cannot in order to same subject matter.
bring a statute within the When is a statute not in pari
fundamental law, amend it by materia? - The conditions
construction above are the determinants of
ascertaining if a statute is in
Taada v. Tuvera pari materia, thus even if two
this is the case regarding Art. statutes are under the same
2 of the Civil Code especially broad subject as along as their
the phrase unless otherwise specific subjects are not the
provided. same, they are NOT in pari
Statcon: one should material
understand that if the phrase
refers to the publication itself How statutes in Pari Materia
it would violate the construed
constitution (since all laws Interpretare et concordare
should be made public) [if leges legibus est optimus
malabo, vague, eh? huh? interpretandi modus every
cherry will explain it na lang statute must be so construed
] and harmonized with other
statutes as to form a uniform explanation are the same in
system of jurisprudence the aforementioned
(parang ganun din nung first
part, construe it as a whole. Other things to consider in
But also bear in mind that it constructing statutes which
should also be in harmony are in pari materia
with other existing laws) o History of the legislation
Construe statutes in pari on the subject
materia together to attain the o Ascertain the uniform
purpose of an express national purpose of the legislature
policy o Discover the policy
Why should they be construed related to the subject
together? - Because of the matter has been changed
assumption that when the or modified
legislature enacted the statutes o Consider acts passed at
they were thinking of the prior prior sessions even those
statute. Prior statutes relating that have been repealed
to the same subject matter are Distingue tempora et
to be compared with the new concordabis jura distinguish
provisions. times and you will harmonize
Again it is important to laws
harmonize the statutes. Courts In cases of two or more laws
should not render them invalid with the same subject matter:
without taking the necessary o Question is usually
steps in reconciling them whether the later act
impliedly repealed the
prior act.
o Rule: the only time a
Vda de Urbano v. GSIS later act will be repealed
there were no facts given in or amended is when the
the book except that it was in act itself states so (that it
this case that in pari materia supersedes all the prior
was explained well. The acts) or when there is an
irreconcilable legislature is knowledgeable.
repugnancy between the Madaming namamatay sa akala. Is
two. agpalo still alive?hahaha )
o In the case of implied
the doubt will be o Because enactments of
resolved against the the same legislature on
repeal or amendment and the same subject are
in favor of the supposed to form part of
harmonization of the one uniform system
laws on the subject (later (Why? Because later
will serve as a statutes are
modification) supplementary to the
earlier enactments)
Reasons why laws on same subject If possible construe
are reconciled the two statutes
2 main reasons: wherein the
o The presumption that the provisions of both
legislature took into are given effect
account prior laws when
they enacted the new Where harmonization is impossible
one. Earlier law should give way to
the later law because it is the
(orbiter dictum ni cherry: this current or later expression
chapter keeps pointing out that the of the legislative will
legislature are knowledgeable on
the law, but I wonder how the
actors fit? Im not discriminating
but how did Lito Lapid, Loi
Ejercito, etc knew the prior laws? I Illustration of the rule (in pari
heard they have researchers who materia)
do it for them. Why dont we vote
those researchers instead? Yun Lacson v. Roque
lang. I have been reading the Issue: the phrase unless
whole presumption that the sooner removed of a statute
that states the mayor shall together. Their construction
hold office for four years would mean that in order for
unless sooner removed the patient to be release there
statcon: the court held that the should be an approval of both
phrase should be construed in the court and the Director of
relation to removal statutes. Health.
Thus the phrase meant that
although the mayor cannot be King v. Hernaez
removed during his term of Statcon: relation of RA 1180
office, once he violates those (Retail Trade Nationalization
that are stated in removal Act) to Commonwealth Act
statutes. 108 (Anti Dummy Law)

Chin Oh Foo v. Concepcion Dialdas v. Percides


criminal case Article 12(1) Facts: a alien who operated a
exempting circumstance retail store in Cebu decided to
(imbecile or insane) close his Cebu store and
Statcon: the phrase shall not transfer it to Dumaguete. RTL
be permitted to leave without (retail trade law) and Tax
first obtaining permission of Code Sec. 199 were the
the same court should be statutes taken into
reconciled with another consideration in this case. The
statute that states any patient former authorizes any alien
confined in a mental who on May 15, 1954 is
institution may be released by actually engaged in retail, to
the Director of Health once he continue to engage therein
is cured. The Director shall until his voluntary retirement
inform the judge that from such business, but not to
approved the confinement. establish or open additional
These two statutes refers to a stores for retail business. The
person who was criminally latter provides that any
charged but was proven to be business for which the
an imbecile or insane, thus privilege tax has been paid
they should be construed may be removed and
continued in any other place purchase and use of Phil.
without payment of additional Made materials and products
tax. Held: The SC relates the two
Issue: whether the transfer by statutes as in pari materia and
the alien from Cebu to they should be construed to
Dumaguete can be considered attain the same objective that
as a voluntary retirement from is to give preference to locally
business. produced materials.
Held: No. Although the trial
court affirmed the question, Cabada v. Alunan III
the SC ruled otherwise stating Issue: whether or not an
that RTC overlooked the clear appeal lies from the decision
provision of Sec. 199. of regional appellate board
(RAB) imposing disciplinary
C & C Commercial Corp v. action against a member of
National Waterworks and the PNP under Sec. 45 of RA
Sewerage Authority 6975 regarding finality of
Facts: R.A. 912 (2) states that disciplinary action
in construction or repair work The court held that the gap
undertaken by the in the law which is silent on
Government, Philippine made filing appeals from decisions
materials and products, of the RAB rendered within
whenever available shall be the reglementary period
used in construction or repair should be construed and
work. harmonized with other
Flag Law (Commonwealth statutes, i.e. Sec 2(1), Article
Act 138) gives native products IX-B of the 1987 Constitution
preference in the purchase of because the PNP is part, as a
articles by Government, bureau, of the reorganized
including government owned DILG, as to form a unified
or controlled corporations. system of jurisprudence
Issue: interpretation of two Statcon: if RAB fails to
statutes requiring that decide an appealed case
preference be made in the within 60 days from receipt of
the notice of appeal, the
appealed decision is deemed General and special statutes
final and executory, and the General statutes- applies to all
aggrieved party may forthwith of the people of the state or to
appeal therefrom to the a particular class of persons in
Secretary of DILG. Likewise, the state with equal force.
if the RAB has decided the o Universal in application
appeal within 60-day Special statutes- relates to
reglementary period, its particular persons or things of
decision may still be appealed a class or to particular portion
to the Secretary of DILG or section of the state only
Considered as statutes in pari
Manila Jockey Club Inc. v. CA
materia thus they should be
Issue: who was entitled to read together and harmonized
breakages (10% dividend of (and given effect)
winning horse race tickets) What if there are two acts
Statcon: There are two which contain one general and
statutes that should be one special?
considered. RA 309 (amended o If it produces conflict,
by 6631 &6632) is silent on the special shall prevail
the matter but the practice is since the legislative
to use breakages for anti intent is more clear thus
bookie drive and other sale it must be taken as
promotions. E.O. 88 & 89 intended to constitute an
which allocated breakages exception.
therein specified. These two o Think of it as one general
should be construed in pari
law of the land while the
materia, thus all breakages
other applies only to a
derived from all races should
particular case
be distributed and allocated in
What if the special law is
accordance with Executive
Orders because no law should passed before the general law?
be viewed in isolation. It doesnt matter because the
(supplementary) special law will still be
considered as an exception Stacon: These two should be
unless expressly repealed. harmonized rather than
annulling one and upholding
Solid Homes Inc. v. Payawal the other. Court said that the
First statute provides that solution to this problem is for
National Housing Authority the government units to
shall have exclusive suppress and prevent all kinds
jurisdiction to hear and decide of gambling except those that
cases involving unsound real are allowed under the
estate (P.D. No. 959). previous law
Second statute grants RTC
general jurisdiction over such Leveriza v. Intermediate Appellate
cases. Court
Issue: Which one will prevail? RA 776 empowers the general
Held: The first statute will manager of the Civil
prevail because it is a special Aeronautics Administration to
law, as compared to the latter lease real property under its
which is general law, thus it is administration.
an exception to the general Administrative Code
jurisdiction of the RTC authorizes the President to
execute a lease contract
Magtajas v. Pryce Properties Corp relating to real property
Facts: P.D. No. 1869 belonging to the republic
authorized PAGCOR to How do you apply the rule? -
centralize and regulate all In this case, the prior (special)
games of chance. law should prevail
LGC of 1991, a later law,
empowers all government Reason for the rule
units to enact ordinances to the special law is considered
prevent and suppress an exception to the general
gambling and other games of law (as long as same subject)
chance.
Qualification of the rule
The rule aforementioned is Supplemental statutes should
not absolute. be read with the original
Exceptions: statute and construed together
o If the legislature clearly
intended the general Reenacted statutes
enactment to cover the statute which reenacts a
whole subject and to previous statute or provision.
repeal all prior laws Reproducing an earlier statute
inconsistent therewith with the same or substantially
o When the principle is the same words.
that the special law
merely establishes a Montelibano v. Ferrer
general rule while the Issue: application of Sec. 3 fo
general law creates a the City Charter of Manila is
specific and special rule valid in the criminal
complaint directly file by an
Reference statutes offended party in the city
a statute which refers to other court of Bacolod?
statutes and makes them Held: The court ruled that the
applicable to the subject of criminal complaint filed
legislation directly by the offended party
used to avoid encumbering the is invalid and it ordered the
statute books of unnecessary city court to dismiss it.
repetition The provisions of the City
should be construed to Charter of Manila Bacolod on
harmonize and give effect to the same subject are
the adopted statute. identically worded, hence they
should receive the same
Supplemental statutes construction.
Intended to supply
deficiencies in existing RULE: two statutes with a
statutes parallel scope, purpose and
terminology should each in its
own field, have a like
interpretation Generally
Whether a statute is to be
Adoption of contemporaneous given a strict or liberal
construction construction will depend upon
in construing the reenacted the following:
statute, the court should take The nature of the statute
into account prior The purpose to be
contemporaneous construction subserved
and give due weight and The mischief to be
respect to it. remedied
Purpose: to give the statute
Qualification of the rule the interpretation that will best
rule that is aforementioned is accomplish the end desired
applicable only when the and effectuate legislative
statute is capable of the intent
construction given to it and
when that construction has Strict construction, generally
become a settled rule of Construction according to the
conduct letter of the statute, which
recognizes nothing that is not
Adopted statutes expressed, takes the language
a statute patterned after a used in its exact meaning, and
statute of a foreign country. admits no equitable
Court should take into consideration
consideration how the courts Not to mean that statutes are
of other country construe the construed in its narrowest
law and its practices meaning
It simply means that the scope
of the statute shall not be
CHAPTER SEVEN: Strict or extended or enlarged by
Liberal Construction implication, intendment, or
equitable consideration
IN GENERAL
beyond the literal meaning of Ut res magis valeat quam
its terms pereat that construction is to
It is a close and conservative be sought which gives effect
adherence to the literal or to the whole of the statute
textual interpretation its every word
The antithesis of liberal
construction Liberal Judicial
Construction Interpretation
Liberal construction, defined Equitable Act of the court
Equitable construction as will construction as in engrafting
enlarge the letter of a statute will enlarge the upon a law
to accomplish its intended letter of a something
purpose, carry out its intent, statute to which it
or promote justice accomplish its believes ought
Not to mean enlargement of a intended to have been
provision which is clear, purpose, carry embraced
unambiguous and free from out its intent, or therein
doubt promote justice
It simply means that the Legitimate Forbidden by
exercise of
the tripartite
words should receive a fair
judicial power division of
and reasonable interpretation,
powers among
so as to attain the intent, spirit
the 3
and purpose of the law
departments of
government
Liberal construction applied,
generally A statute may not be liberally
Where a statute is ambiguous, construed to read into it
something which its clear and
the literal meaning of the
plain language rejects
words used may be rejected if
the result of adopting said
Construction to promote social
meaning would be to defeat
justice
the purpose of the law
Social justice must be taken
into account in the
interpretation and application The reason of the law is the
of laws life of the law; the reason lies
Social justice mandate is in the soil of the common
addressed or meant for the welfare
three departments: the The judge must go out in the
legislative, executive, and the open spaces of actuality and
judicial dig down deep into his
Social justice (included in the common soil, if not, he
Constitution) was meant to be becomes subservient to
a vital, articulate, compelling formalism
principle of public policy Construe in the light of the
It should be observed in the growth of civilization and
interpretation not only of varying conditions
future legislations, but also of o The interpretation that if
laws already existing on the man is too long for
November 15, 1935. the bed, his head should
It was intended to change the be chopped off rather
spirit of our laws, present and than enlarge the old bed
future. or purchase a new one
should NOT be given to
Construction taking into statutes
consideration general welfare or
growth civilization STATUTES STRICTLY
Construe to attain the general CONSTRUED
welfare
Salus populi est suprema lex Penal statutes, generally
the voice of the people is the Penal statutes are those that
supreme law define crimes, treat of their
Statuta pro publico commodo nature and provide for their
late interpretantur statutes punishment
enacted for the public good o Acts of legislature which
are to be construed liberally prohibit certain acts and
establish penalties for
their violation
Those which impose Sec. 11 of RA 7659, which
punishment for an offense amended Art. 335 of the RPC,
committed against the state, provides that the death penalty
and which the chief executive for rape may be imposed if the
has the power to pardon offender is a parent,
A statute which decrees the ascendant, step-parent,
forfeiture in favor of the state guardian, relative by
of unexplained wealth consanguinity or affinity
acquired by a public official within the 3rd civil degree, or
while in office is criminal in the common-law spouse of the
nature parent of the victim
Is the common-law husband
of the girls grandmother
Penal statutes, strictly construed included?
Penal statutes are strictly No! Courts must not bring
construed against the State cases within the provisions of
and liberally construed in the law which are not clearly
favor of the accused embraced by it.
o Penal statutes cannot be o No act can be
enlarged or extended by pronounced criminal
intendment, implication, which is not clearly
or any equitable within the terms of a
consideration statute can be brought
o No person should be within them.
brought within its terms o Any reasonable doubt
if he is not clearly made must be resolved in favor
so by the statute of the accused
o No act should be
pronounces criminal Strict construction but not as
which is not clearly made to nullify or destroy the
so obvious purpose of the
legislature
Peo v. Atop o If penal statute is vague,
it must be construed with
such strictness as to and the discretion of the court
carefully SAFEGUARD limited
the RIGHTS of the Purpose of strict construction
defendant and at the is NOT to enable a guilty
same time preserve the person to escape punishment
obvious intention of the through technicality but to
legislature provide a precise definition of
o Courts must endeavor to forbidden acts
effect substantial justice
Acts mala in se and mala prohibita
Centeno v. Villalon-Pornillos General rule: to constitute a
PD 1564, which punishes a crime, evil intent must
person who solicits or combine with an act
receives contribution for Actus non facit reum nisi
charitable or public welfare mens sit rea the act itself
purposes without any permit does not make a man guilty
first secured from the unless his intention were so
Department of Social Actus me invite factus non est
Services, DID NOT include meus actus an act done by
religious purposes in the me against my will is not my
acts punishable, the law act
CANNOT be construed to
punish the solicitation of Mala in se Mala prohibita
contributions for religious Criminal intent, The only
purposes, such as repair or apart from the inquiry is, has
renovation of the church act itself is the law been
required violated
Reason why penal statutes are RPC Special penal
strictly construedg laws
The law is tender in favor of
the rights of the individual; However, if special penal laws
The object is to establish a use such words as willfully,
certain rule by conformity to voluntarily, and knowingly
which mankind would be safe, intent must be proved; thus
good faith or bad faith is not the only factor controlling
essential before conviction the interpretation of such laws
Instead, the rule merely serves
Application of rule as an additional single factor
to be considered as an aid in
Peo v. Yadao detrmining the meaning of
A statute which penalizes a penal laws
person assisting a claimant
in connection with the latters Peo v. Purisima
claim for veterans benefit, The language of the a statute
does not penalize one who which penalizes the mere
OFFERS to assist carrying outside of residence
of bladed weapons, i.e., a
knife or bolo, not in
Suy v. People connection with ones work or
Where a statute penalizes a occupation, with a very heavy
store owner who sells penalty ranging from 5-10
commodities beyond the retail years of imprisonment, has
ceiling price fixed by law, the been narrowed and strictly
ambiguity in the EO construed as to include, as an
classifying the same additional element of the
commodity into 2 classes and crime, the carrying of the
fixing different ceiling prices weapon in furtherance of
for each class, should be rebellion, insurrection or
resolved in favor of the subversion, such being the
accused evil sought to be remedied or
prevented by the statute as
Peo v. Terreda disclosed in its preamble
Shorter prescriptive period is
more favorable to the accused Azarcon v. Sandiganbayan
Issue: whether a private
Peo v. Manantan person can be considered a
The rule that penal statutes are public officer by reason if his
given a strict construction is being designated by the BIR
as a depository of distrained intent of the statute and
property, so as to make the promote its object, the latter
conversion thereof the crime interpretation should be
of malversation adopted
Held: NO! the BIRs power
authorizing a private US v. Go Chico
individual to act as a A law punishes the display of
depository cannot include the flags used during the
power to appoint him as insurrection against the US
public officer may not be so construed as to
A private individual who has exempt from criminal liability
in his charge any of the public a person who displays a
funds or property enumerated replica of said flag because
in Art 222 RPC and commits said replica is not the one
any of the acts defined in any used during the rebellion,
of the provisions of Chapter 4, for to so construe it is to
Title 7 of the RPC, should nullify the statute together
likewise be penalized with the Go Chico is liable though
same penalty meted to erring flags displayed were just
public officers. Nowhere in replica of the flags used
this provision is it expressed during insurrection against
or implied that a private US
individual falling under said
Art 222 is to be deemed a Limitation #2 strict
public officer construction of penal laws
applies only where the law is
Limitation of rule ambiguous and there is doubt
Limitation #1 Where a penal as to its meaning
statute is capable of 2
interpretations, one which will
operate to exempt an accused Peo v. Gatchalian
from liability for violation A statute requires that an
thereof and another which will employer shall pay a
give effect to the manifest minimum wage of not less
than a specified amount and o Allowing the taking of
punishes any person who deposition
willfully violates any of its o Fixing the ceiling of the
provisions price of commodities
The fact that the nonpayment o Limiting the exercise of
of the minimum wage is not proprietary rights by
specifically declared individual citizens
unlawful, does not mean that o Suspending the period of
an employer who pays his prescription of actions
employees less than the When 2 reasonably possible
prescribed minimum wage is constructions, one which
not criminally liable, for the would diminish or restrict
nonpayment of minimum fundamental right of the
wage is the very act sought to people and the other if which
be enjoined by the law would not do so, the latter
construction must be adopted
Statutes in derogation of rights so as to allow full enjoyment
Rights are not absolute, and of such fundamental right
the state, in the exercise of
police power, may enact Statutes authorizing expropriations
legislations curtailing or Power of eminent domain is
restricting their enjoyment essentially legislative in
As these statutes are in nature
derogation of common or May be delegated to the
general rights, they are President, LGUs, or public
generally strictly construed utility company
and rigidly confined to cases Expropriation plus just
clearly within their scope and compensation
purpose
A derogation of private rights,
Examples:
thus strict construction is
o Statutes authorizing the applied
expropriation of private Statutes expropriating or
land or property
authorizing the expropriation
of property are strictly operation within the period
construed against the resulted in the forfeiture of the
expropriating authority and franchise
liberally in favor of property
owners Legislative grants to local
government units
Grants of power to local
Statutes granting privileges government are to be
Statutes granting advantages construed strictly, and doubts
to private persons or entities in the interpretation should be
have in many instances resolved in favor of the
created special privileges or national government and
monopolies for the grantees against the political
and have thus been viewed subdivisions concerned
with suspicion and strictly Reason: there is in such a
construed grant a gratuitous donation of
Privilegia recipient largam public money or property
interpretationem voluntati which results in an unfair
consonam concedentis advantage to the grantee and
privileges are to be interpreted for that reason, the grant
in accordance with the will of should be narrowly restricted
him who grants them in favor of the public
And he who fails to strictly
comply with the will of the Statutory grounds for removal of
grantor loses such privileges officials
Statutes relating to suspension
Butuan Sawmill, Inc. v. Bayview or removal of public officials
Theater, Inc are strictly construed
Where an entity is granted a Reason: the remedy of
legislative franchise to operate removal is a drastic one and
electric light and power, on penal in nature. Injustice and
condition that it should start harm to the public interest
operation within a specified would likely emerge should
period, its failure to start such laws be not strictly
interpreted against the power applicant and rigidly followed
of suspension or removal and enforced
Naturalization is statutory
Ochate v. Deling than a natural right
Grounds for removal Statutes imposing taxes and
neglect of duty, oppression, customs duties
corruption or other forms of Tax statutes must be construed
maladministration in office strictly against the
o in office a qualifier government and liberally in
of all acts. favor of the taxpayer
o Must be in relation to the Power to tax involves power
official as an officer and to destroy
not as a private person Taxing act are not to be
extended by implication
Hebron v Reyes Tax statutes should be clearly,
Procedure for removal or expressly, and unambiguously
suspension should be strictly imposed
construed Reason for strict construction:
Statute: local elective officials taxation is a destructive power
are to be removed or which interferes with the
suspended, after investigation, personal property rights of the
by the provincial board, people and takes from them a
subject to appeal to the portion of their property for
President the support of the government
President has no authority on
his own to conduct the Statutes granting tax exemptions
investigation and to suspend Law frowns against
such elective official exemption from taxation
because taxes are the lifeblood
Naturalization laws of the nation
Naturalization laws are Laws granting tax exemptions
strictly construed against the are thus construed strictissimi
juris against the taxpayer and
liberally in favor of the taxing materials used in the milling
authority process
Burden of proof on the
taxpayer claiming to be Benguet Corporation v. Cenrtral
exempted Board of Assessment Appeals
Basis for strict construction PD 1955 withdrew all tax
to minimize the different exemptions, except those
treatment and foster embodied in the Real Property
impartiality, fairness, and Code, a law which grants
equality of treatment among certain industries real estate
taxpayers tax exemptions under the Real
Tax exemptions are not Estate Code
favored in law, nor are they
presumed. Courts cannot expand
exemptiom
CIR v. CA
Issue: whether containers and
Esso Standard Eastern, Inc. v
packaging materials can be Acting Commissioner of Customs
credited against the millers
Where a statute exempts from
deficiency tax
special import tax, equipment
BIR claimed that there should
for use of industries, the
be no tax credit exemption does not extend to
Held: proviso should be those used in dispensing
strictly construed to apply gasoline at retail in gasoline
only to raw materials and not stations
to containers and packing
materials which are not raw CIR v. Manila Jockey Club, Inc.
materials; hence, the miller is Statute: racing club holding
entitled to tax credit these races shall be exempt
Restriction in the proviso is from the payment of any
limited only to sales, millers municipal or national tax
excise taxes paid on raw Cannot be construed to
exempt the racing club from
paying income tax on rentals The importation of fertilizers
paid to it for use of the race by an entity which is neither a
tracks and other planter nor a farmer nor a
paraphernalia, for what the cooperative of planters or
law exempts refers only to farmers is not exempt from
those to be paid in connection payment of the tax, even
with said races though said entity merely
acted as agent of planter or
Lladoc v. CIR farmer as a sort of
Statute: exemption from accommodation without
taxation charitable making any profit from the
institutions, churches, transaction, for the law uses
parsonages or covenants the word directly which
appurtenant thereto, mosques, means without anyone
and non-profit cemeteries, and intervening in the importation
all lands buildings, and and the phrase through their
improvements actually, cooperatives as the only
directly, and exclusively used exemption
for religious or charitable
purposes CIR v. Phil. Acetylene Co.
Exemption only refer to See page 305
property taxes and not from
all kinds of taxes Power of taxation if a high
prerogative of sovereignty, its
La Carlota Sugar Central v. relinquishment is never
Jimenez presumed and any reduction
Statute: tax provided shall not or diminution thereof with
be collected on foreign respect to its mode or its rate
exchange used for the must be strictly construed
payment of fertilizers when
imported by planters or Phil. Telegraph and Telephone
farmers directly or through Corp. v. COA
their cooperatives On most favored treatment
clause
2 franchisee are not rights and interests are strictly
competitors construed.
The first franchisee is will not Unless so specified, the
enjoy a reduced rate of tax on government does not fall
gross receipts within the terms of any
legislation
Qualification of rule
Strict construction does not Alliance of Government Workers v.
apply in the case of tax Minister of Labor and Employment
exemptions in favor of the PD 851 requires
government itself or its employers to pay a 13th
agencies month pay to their employees
Provisions granting xxx
exemptions to government employers does not
agencies may be construed embrace the RP, the law not
liberally in favor of non-tax having expressly included it
liability of such agencies within its scope
The express exemption should
not be construed with the Statutes authorizing suits against
same degree of strictness that the government
applies to exemptions Art. XVI, Sec. 3, 1987
contrary to policy of the state, Constitution The State may
since as to such property not be sued without its
exemption is the rule and the consent
taxation is the exemption o General rule: sovereign
E.g. tax exemption in favor of is exempt from suit
NAPOCOR whether direct o Exception: in the form of
or indirect taxes, exempted statute, state may give its
consent to be sued
Statutes concerning the sovereign Statute is to be
Restrictive statutes which strictly construed
impose burdens on the public and waiver from
treasury or which diminish immunity from suit
will not be lightly LONG AS IT CAN BE
inferred SHOWN that the suit
Nullum tempus occurrit regi really affects the
there can be no legal right as property, rights, or
against the authority that interests of the state and
makes the law on which the not merely those of the
right depends officer nominally made
Reason for non-suability not party defendant
to subject the state to Even if the state consents, law
inconvenience and loss of should NOT be interpreted to
governmental efficiency authorize garnishment of
public funds to satisfy a
Mobil Phil. Exploration, Inc. v. judgment against government
Customs Arrastre Services property
The law authorizing the o Reason:
Bureau of Customs to lease Public policy
arrastre operations, a forbids it
proprietary function Disbursement of
necessarily incident to its public funds must
governmental function, may be covered by a
NOT be construed to mean corresponding
that the state has consented to appropriation as
be sued, when it undertakes to required by law
conduct arrastre services Functions and
itself, for damage to cargo service cannot be
allowed to be
State-immunity may not be paralyzed or
circumvented by directing the disrupted by the
action against the officer of diversion of public
the state instead of the state funds from their
itself legitimate and
o The states immunity specific objects, as
may be validly invoked appropriated by law
against the action AS
Statutes prescribing formalities of Situations which allows
the will exceptions to the requirement
Strictly construed, which of warrant of arrest or search
means, wills must be executed warrant must be strictly
in accordance with the construed; to do so would
statutory requirements, infringe upon personal liberty
otherwise, it is entirely void and set back a basic right
The court is seeking to A preference is an exception
ascertain and apply the intent to the general rule
of the legislators and not that A proviso should be
of the testator, and the latters interpreted strictly with the
intention is frequently legislative intent
defeated by the non- o Should be strictly
observance of what the construed
statute requires o Only those expressly
exempted by the proviso
Exceptions and provisos should be freed from the
Should be strictly but operation of the statute
reasonably construed
All doubts should be resolved STATUTES LIBERALLY
in favor of the general CONSTRUED
provision rather than the
exceptions General social legislation
o However, always look at General welfare legislations
the intent of legislators if o To implement the social
it will accord reason and justice and protection-to-
justice not to apply the labor provisions of the
rule that an express Constitution
exception excludes all o Construed liberally
others o Resolve any doubt in
The rule on execution pending favor of the persons
appeal must be strictly whom the law intended
construed being an exception to benefit
to the general rule
o Includes the following General welfare clause
labor laws, tenancy laws, 2 branches
land reform laws, and o One branch attaches to
social security laws the main trunk of
municipal authority
Tamayo v. Manila Hotel relates to such
Law grants employees the ordinances and
benefits of holiday pay except regulations as may be
those therein enumerated necessary to carry into
Statcon all employees, effect and discharge the
whether monthly paid or not, powers and duties
who are not among those conferred upon local
excepted are entitled to the legislative bodies by law
holiday pay o Other branch is much
more independent of the
Labor laws construed the specific functions
workingmans welfare should enumerated by law
be the primordial and authorizes such
paramount consideration ordinances as shall seem
o Article 4 New Labor necessary and proper to
Code all doubts in the provide for the health
implementation and and safety, promote the
interpretation of the prosperity, improve the
provisions of the Labor morals, peace, good
Code including its order xxx of the LGU
implementing rules and and the inhabitants
regulations shall be thereof, and for the
resolved in favor of protection of the property
labor therein
Liberal construction applies Construed in favor of the
only if statute is vague, LGUs
otherwise, apply the law as it To give more powers to local
is stated governments in promoting the
economic condition, social
welfare, and material progress shall be presumed to
of the people in the exist
community
Construed with proprietary Statutes granting taxing power (on
aspects, otherwise would municipal corporations)
cripple LGUs Before 1973 Constitution
Must be elastic and responsive inferences, implications, and
to various social conditions deductions have no place in
Must follow legal progress of the interpretation of the taxing
a democratic way of life power of a municipal
corporation
Grant of power to local New Constitution Art. X,
governments Sec 5 1987 Constitution
Old rule: municipal each local government unit
corporations, being mere shall have the power to create
creatures of law, have only its own sources of revenue
such powers as are expressly and to levy taxes, fees, and
granted to them and those charges subject to such
which are necessarily implied guidelines and limitations as
or incidental to the exercise the Congress may provide,
thereof consistent with the basic
New rule: RA 2264 Local policy of local autonomy
Autonomy Act o Statutes prescribing
o Sec 12 implied power limitations on the taxing
of a province, a city, or a power of LGUs must be
municipality shall be strictly construed against
liberally construed in its the national government
favor. Any fair and and liberally in favor of
reasonable doubt as to the LGUs, and any doubt
the existence of the as to the existence of the
power should be taxing power will be
interpreted in favor of the resolved in favor of the
local government and it local government
Statutes prescribing prescriptive
period to collect taxes Election laws
Beneficial for both Election laws should be
government and taxpayer reasonably and liberally
o To the government tax construed to achieve their
officers are obliged to act purpose
promptly in the making Purpose to effectuate and
of the assessments safeguard the will of the
o To the taxpayer would electorate in the choice of
have a feeling of security their representatives
against unscrupulous tax 3 parts
agents who will always o Provisions for the
find an excuse to inspect conduct of elections
the books of taxpayers which election officials
Laws on prescription are required to follow
remedial measure o Provisions which
interpreted liberally affording candidates for office are
protection to the taxpayers required to perform
o Procedural rules which
are designed to ascertain,
in case of dispute, the
Statutes imposing penalties for actual winner in the
nonpayment of tax elections
liberally construed in favor of
government and strictly Different rules and canons or
construed against the taxpayer statutory construction govern such
intention to hasten tax provisions of the election law
payments or to punish
evasions or neglect of duty in Part 1:
respect thereto o Rules and regulations for
liberal construction would the conduct of elections
render penalties for Before election
delinquents nugatory mandatory (part 1)
After election o Procedural rules which
directory (part 3) are designed to ascertain,
o Generally the in case of dispute, the
provisions of a statute as actual winner in the
to the manner of elections are liberally
conducting the details of construed
an election are NOT o Technical and procedural
mandatory; and barriers should not be
irregularities in allowed to stand if they
conducting an election constitute an obstacle in
and counting the votes, the choice of their
not preceding from any elective officials
wrongful intent and For where a candidate has
which deprives no legal received popular mandate,
voter of his votes, will overwhelmingly and clearly
not vitiate an election or expressed, all possible doubts
justify the rejection of should be resolved in favor of
the entire votes of a the candidates eligibility, for
precinct to rule otherwise is to defeat
Against the will of the electorate
disenfranchisement
Remedy against Amnesty proclamations
election official who Amnesty proclamations
did not do his duty should be liberally construed
criminal action as to carry out their purpose
against them Purpose to encourage to
Part 2: return to the fold of the law of
o Provisions which those who have veered from
candidates for office are the law
required to perform are E.g. in case of doubt as to
mandatory whether certain persons come
o Non-compliance is fatal within the amnesty
Part 3: proclamation, the doubt
should be resolved in their
favor and against the state Adoption statutes
Same rule applies to pardon Adoption statutes are liberally
since pardon and amnesty is construed in favor of the child
synonymous to be adopted
Paramount consideration
Statutes prescribing prescriptions child and not the adopters
of crimes
Liberally construed in favor of Veteran and pension laws
the accused Veteran and pension laws are
Reason time wears off proof enacted to compensate a class
and innocence of men who suffered in the
Same as amnesty and pardon service for the hardships they
endured and the dangers they
Peo v. Reyes encountered in line of duty
Art. 91 RPC period of o Expression of gratitude
prescription shall commence to and recognition of
to run from the day the crime those who rendered
is discovered by the offended, service to the country by
authorities, xxx extending to them
When does the period of regular monetary benefit
prescription start day of Veteran and pension laws are
discovery or registration in the liberally construed in favor of
Register of Deeds? grantee
Held: From the time of
registration
Notice need not be actual for Del Mar v. Phil. Veterans Admin
prescription to run; Where a statute grants pension
constructive notice is enough benefits to war veterans,
More favorable to the accused except those who are actually
receiving a similar pension
if prescriptive period is
from other government funds
counted from the time of
registration
Statcon government funds Santiago v. COA
refer to funds of the same Explained liberal construction
government and does not or retirement laws
preclude war veterans Intention is to provide for
receiving similar pensions sustenance, and hopefully
from the US Government even comfort when he no
from enjoying the benefits longer has the stamina to
therein provided continue earning his
livelihood
He deserves the appreciation
Board of Administrators Veterans of a grateful government at
Admin v. Bautista best concretely expressed in a
Veteran pension law is silent generous retirement gratuity
as to the effectivity of pension commensurate with the value
awards, it shall be construed and length of his service
to take effect from the date it
becomes due and NOT from Ortiz v. COMELEC
the date the application for Issue: whether a
pension is approved, so as to commissioner of COMELEC
grant the pensioner more is deemed to have completed
benefits and to discourage his term and entitled to full
inaction on the part of the retirement benefits under the
officials who administer the law which grants him 5-year
laws lump-sum gratuity and
thereafter lifetime pension,
Chavez v. Mathay who retires from the service
While veteran or pension laws after having completed his
are to be construed liberally, term of office, when his
they should be so construed as courtesy resignation submitted
to prevent a person from in response to the call of the
receiving double pension or President following EDSA
compensation, unless the law Revolution is accepted
provides otherwise Held: Yes! Entitled to gratuity
Liberal construction Explained doctrine laid down
Courtesy resignation not his in the previous case
own will but a mere The crediting of accumulated
manifestation of submission leaves to make up for lack of
to the will of the political required age or length of
authority and appointing service is not done
power discriminately
xxx only if satisfied that the
In Re Application for Gratuity career of the retiree was
Benefits of Associate Justice Efren marked by competence,
I Plana integrity, and dedication to the
Issue: whether Justice Plana is public service
entitled to gratuity and In Re Martin
retirement pay when, at the Issue: whether a justice of the
time of his courtesy SC, who availed of the
resignation was accepted disability retirement benefits
following EDSA Revolution pursuant to the provision that
and establishment of a if the reason for the
revolutionary government retirement be any permanent
under the Freedom disability contracted during
Constitution, he lacked a few his incumbency in office and
months to meet the age prior to the date of retirement
requirement for retirement he shall receive only a
under the law but had gratuity equivalent to 10 years
accumulated a number of salary and allowances
leave of credits which, if aforementioned with no
added to his age at the time, further annuity payable
would exceed the age monthly during the rest of the
requirement retirees natural life is
Held: yes, entitled to gratuity! entitled to a monthly lifetime
Liberal construction applied pension after the 10-year
period
In Re Pineda Held: Yes! 10-year lump sum
payment is intended to assist
the stricken retiree meeting Held: CSC Memorandum
his hospital and doctors bills Circular No 27
and expenses for his support unconstitutional! It is an
The retirement law aims to administrative regulation
assist the retiree in his old which should be in harmony
age, not to punish him for with the law; liberal
having survived construction of retirement
benefits
Cena v. CSC
Issue: whether or not a Rules of Court
government employee who RC are procedural to be
has reached the compulsory construed liberally
retirement age of 65 years, but Purpose of RC the proper
who has rendered less than 15 and just determination of a
years of government service, litigation
may be allowed to continue in Procedural laws are no other
the service to complete the than technicalities, they are
15-year service requirement to adopted not as ends in
enable him to retire with themselves but as means
benefits of an old-age pension conducive to the realization of
under Sec 11(b) PD 1146 the administration of law and
However, CSC Memorandum justice
Circular No 27 provides that RC should not be interpreted
any request for extension of to sacrifice substantial rights
compulsory retirees to at the expense of technicalities
complete the 15-years service
requirement for retirement Case v. Jugo
shall be allowed only to Lapses in the literal
permanent appointees in the observance of a rule of
career service who are regular procedure will be overlooked
members of the GSIS and when they do not involve
shall be granted for a period public policy; when they arose
not exceeding 1 year from an honest mistake or
unforeseen accident; when Curative statutes to cure
they have not prejudiced the defects in prior law or to
adverse party and have not validate legal proceedings
deprived the court of its which would otherwise be
authority void for want of conformity
Literal stricture have been with certain legal
relaxed in favor of liberal requirements; retroactive
construction Redemption laws remedial
o Where a rigid application in nature construed liberally
will result in manifest to carry out purpose, which is
failure or miscarriage of to enable the debtor to have
justice his property applied to pay as
o Where the interest of many debtors liability as
substantial justice will be possible
served Statutes providing exemptions
o Where the resolution of from execution are interpreted
the emotion is addressed liberally in order to give effect
solely to the sound and to their beneficial and humane
judicious discretion of purpose
the court Laws on attachment
o Where the injustice to the liberally construed to promote
adverse party is not their objects and assist the
commensurate with the parties obtaining speedy
degree of his justice
thoughtlessness in not Warehouse receipts
complying with the instrument of credit liberally
prescribed procedure construed in favor of a bona
Liberal construction of RC fide holders of such receipts
does not mean they may be Probation laws liberally
ignored; they are required to construed
be followed except only for o Purpose: to give first-
the most persuasive reasons hand offenders a second
chance to maintain his
Other statutes
place in society through merely outlines the act to be
the process of done in such a way that no
reformation injury can result from
Statute granting powers to an ignoring it or that its purpose
agency created by the can be accomplished in a
Constitution should be manner other than that
liberally construed for the prescribed and substantially
advancement of the purposes the same result obtained;
and objectives for which it confer direction upon a
was created person; non-performance of
what it prescribes will not
CHAPTER EIGHT: Mandatory vitiate the proceedings therein
and Directory Statutes taken

IN GENERAL When statute is mandatory or


directory
Generally No absolute test to determine
Mandatory and directory whether a statute is directory
classification of statutes or mandatory
importance: what effect Final arbiter legislative
should be given to the intent
mandate of a statute Legislative intent does not
depend on the form of the
Mandatory and directory statutes, statute; must be given to the
generally entire statute, its object,
Mandatory statute purpose, legislative history,
commands either positively and to other related statutes
that something be done in a Mandatory in form but
particular way, or negatively directory in nature possible
that something be not done; it Whether a statute is
requires OBEDIENCE, mandatory or directory
otherwise void depends on whether the thing
Directory statute permissive directed to be done is of the
or discretionary in nature and essence of the thing required,
or is a mere matter of form, Test is to ascertain the
what is a matter of essence consequences that will follow
can often be determined only in case what the statute
by judicial construction requires is not done or what it
o Considered directory forbids is performed
compliance is a matter of Does the law give a person no
convenience; where the alternative choice? if yes,
directions of a statute are then it is mandatory
given merely with a view Depends on the effects of
to the proper, orderly and compliance
prompt conduct of o If substantial rights
business; no substantial depend on it and injury
rights depend on it can result from ignoring
o Considered mandatory it; intended for the
a provision relating to the protection of the citizens
essence of the thing to be and by a disregard of
done, that is, to matters which their rights are
of substance; injuriously affected
interpretation shows that mandatory
the legislature intended a o Purpose is accomplished
compliance with such in a manner other than
provision to be essential that prescribed and
to the validity of the act substantially the same
or proceeding, or when results obtained -
some antecedent and directory
prerequisite conditions
Statutes couched in
must exist prior to the
mandatory form but
exercise of the power, or
compliance is merely
must be performed
directory in nature
before certain other
o If strict compliance will
powers can be exercised
cause hardship or
Test to determine nature of statute injustice on the part of
the public who is not at
fault
o If it will lead to absurd, Generally, shall and must
impossible, or is mandatory in nature
mischievous If a different interpretation is
consequences sought, it must rest upon
If an officer is something in the character of
required to do a the legislation or in the
positive act but fails context which will justify a
because such different meaning
actions will lead to The import of the word
the aforementioned, ultimately depends upon a
he will only be consideration of the entire
subject to provision, its nature, object
administrative and the consequences that
sanction for his would follow from construing
failure to do what it one way or the other
the law requires
Loyola Grand Villa Homeowners
(South) Assn., Inc. v. CA
must construed as directory
Language used
Corporation Code Sec 46
Generally mandatory
reads every corporation
command words formed under this Code
o Shall or Shall not MUST within one month after
o Must or Must not receipt of official notice of the
o Ought or Ought not issuance of its certification of
o Should or Should not incorporation with the SEC,
o Can or Cannot adopt a code of by-laws for its
Generally directory government not inconsistent
permissive words with this Code
o May or May not PD 902-A which is in pari
material with the Corporation
Use of shall or must Code states that the non-filing
of the by-laws does not imply
the demise of the Without initial hearing being
corporation; that there should published in a newspaper of
be a notice and hearing before general circulation is a nullity
the certificate of registration
may be cancelled by the Use of may
failure to file the by-laws An auxiliary verb showing
opportunity or possibility
One test whether mandatory Generally, directory in nature
or directory compliance must Used in procedural or
be made whether non- adjective laws; liberally
compliance with what is construed
required will result in the
Example: Sec 63 of the
nullity of the act; if it results
corporation Code shares of
in the nullity, it is mandatory
stock so issued are personal
property and MAY be
Director of Land v. CA
transferred by delivery of the
Law requires in petitions for
certificate or certificated
land registration that upon endorsed by the owner
receipt of the order of the o may is merely
court setting the time for
directory and that the
initial hearing to be published
transfer of the shares
in the OG and once in a
may be effected in a
newspaper of general
manner different from
circulation in the Philippines
that provided for in law
Law expressly requires that
the initial hearing be When shall is construed as
published in the OG AND in may and vice versa
the newspaper of general Rule: may should be read
circulation reason: OG is
shall
not as widely read of the
o where such construction
newspaper of general
is necessary to give
circulation
effect to the apparent
shall is imperative/
mandatory
intention of the Shall implies discretion
legislature because of the phrase subject
o where a statute provides to availability of funds
for the doing os some act
which is required by Govermnent v. El Hogar Filipino
justice r public duty Corporation Codes reads
o where it vests a public SHALL, upon such violation
body or officer with being proved, be dissolved by
power and authority to quo warranto proceedings
take such action which Shall construed as may
concerns for the public
interest or rights of Berces, Sr. v. Guingona
individuals Sec. 68 Ra 7160 (LGC)
Rule: shall should be read provides that an appeal from
may an adverse decision against a
o When so required by the local elective official to the
context or by the President SHALL not
intention of the prevent a decision from
legislature becoming final and executor
o When no public benefit Shall is not mandatory
or private right requires because there is room to
that it be given an construe said provision as
imperative meaning giving discretion to the
reviewing officials to stay the
Diokno v. Rehabilitiation Finance execution of the appealed
Corp decision
Sec. 2 RA 304 reads banks or
other financial institutions Use of negative, prohibitory or
owned or controlled by the exclusive terms
Government SHALL, subject A negative statute is
to availability of funds xxx mandatory; expressed in
accept at a discount at not negative words or in a form of
more than 20% for 10 years of
such backpay certificate
an affirmative proposition preclude him from availing of
qualified by the word only the statutory benefits
only exclusionary negation Vigilantibus et non
Prohibitive or negative words dormientibus jura subveniunt
can rarely, if ever, be the laws aid the vigilant, not
discretionary those who slumber on their
rights
Potior est in tempoe, potior
est in jure he who is first in
MANDATORY STATUTES time is preferred in right

Statutes conferring power Statutes prescribing jurisdictional


Generally regarded as requirements
mandatory although couched Considered mandatory
in a permissive form Examples
Should construe as imposing o Requirement of
absolute and positive duty publication
rather than conferring o Provision in the Tax
privileges Code to the effect that
Power is given for the benefit before an action for
of third persons, not for the refund of tax is filed in
public official court, a written claim
Granted to meet the demands therefore shall be
of rights, and to prevent a presented with the CIR
failure of justice within the prescribed
Given as a remedy to those period is mandatory and
entitled to invoke its aid failure to comply with
such requirement is fatal
Statutes granting benefits to the action
Considered mandatory
Statutes prescribing time to take
Failure of the person to take
action or to appeal
the required steps or to meet
Generally mandatory
the conditions will ordinarily
Held as absolutely Purpose of mandatory
indispensable to the compliance: to prevent delays
prevention of needless delays and enhance the speedy and
and to the orderly and speedy orderly discharge of judicial
discharge or business, and are functions
necessary incident to the
proper, efficient, and orderly Unless the requirements of
discharge of judicial functions law are complied with, the
Strict not substantial decision of the lower court
compliance will become final and
Not waivable, nor can they be preclude the appellate court
the subject of agreements or from acquiring jurisdiction to
stipulation of litigants review it
Interest reipiciae ut sit finis
Reyes v. COA litium public interest
Sec. 187 RA 7160 process requires that by the very
of appeal of dissatisfied nature of things there must be
taxpayer on the legality of tax an end to a legal controversy
ordinance
o Appeal to the Sec of Gachon v. Devera, Jr
Justice within 30 days of Issue: whether Sec 6 of the
effectivity of the tax Rule on Summary Procedure,
ordinance which reads should the
o If Sec of Justice decides defendant fail to answer the
the appeal, a period of 30 complaint within the period
days is allowed for an above provided, the Court,
aggrieved party to go to motu proprio, or on motion of
court the plaintiff, SHALL render
o If the Sec of Justice does judgment as may be warranted
not act thereon, after the by the facts alleged in the
lapse of 60 days, a party complaint and limited to what
could already proceed to is prayed for therein, is
seek relief in court mandatory or directory, such
that an answer filed out of Sec 17, Rule 3 RC after a
time may be accepted party dies and the claim is not
Held: mandatory thereby extinguished, the
o Must file the answer court shall order, upon proper
within the reglementary notice, the legal representative
period of the deceased to appear and
o Reglementary period to be substituted xxx. If legal
shall be non-extendible representative fails to appear
o Otherwise, it would xxx, the court MAY order the
defeat the objective of opposing party to produce the
expediting the appointment of a legal
adjudication of suits representative xxx
Although MAY was used,
Statutes prescribing procedural provision is mandatory
requirements Procedural requirement goes
Construed mandatory to the very jurisdiction of the
Procedure relating to court, for unless and until a
jurisdictional, or of the legal representative is for him
essence of the proceedings, or is duly named and within the
is prescribed for the protection jurisdiction of the trial court,
or benefit of the party affected no adjudication in the cause
Where failure to comply with could have been accorded any
certain procedural validity or the binding effect
requirements will have the upon any party, in
effect of rendering the act representation of the
done in connection therewith deceased, without trenching
void, the statute prescribing upon the fundamental right to
such requirements is regarded a day in court which is the
as mandatory even though the very essence of the
language is used therein is constitutionally enshrined
permissive in nature guarantee of due process

De Mesa v. Mencias Election laws on conduct of


election
Construed as mandatory The circumstance that the
Before election mandatory coupon bearing the number of
After election directory, in the ballot is not detached at
support of the result unless of the time the ballot is voted, as
a character to affect an required by law, does not
obstruction to the free and justify the court in rejecting
intelligent casting of the the ballot
votes, or to the ascertainment
of the result, or unless it is Election laws on qualification and
expressly declared by the disqualification
statute that the particular act is The rule of before-mandatory
essential to the validity of an and after-directory in
election, or that its omission election laws only applies to
shall render it void (whew, procedural statutes;
and haba!) Not applicable to provisions
When the voters have of the election laws
honestly cast their ballots, the prescribing the time limit to
same should not be nullified file certificate of candidacy
simply because the officers and the qualifications and
appointed under the law to disqualifications of elective
direct the elections and guard office considered mandatory
the purity of the ballot have even after election
not done their duty
For where a candidate has Statutes prescribing qualifications
received popular mandate, for office
overwhelmingly and clearly Eligibility to a public office is
expressed, all possible doubts of a continuing nature and
should be resolved in favor of must exist at the
the candidates eligibility, for commencement of the term
to rule otherwise is to defeat and during the occupancy of
the will of the electorate the office
Statutes prescribing the
Delos Reyes v. Rodriguez eligibility or qualifications of
persons to a public office are
regarded as mandatory
Example in the book
lawyer-judge; judge-
disbarment as lawyer DIRECTORY STATUTES
Statutes relating to assessment of
taxes Statutes prescribing guidance for
Intended for the security of officers
the citizens, or to insure the Regulation designed to secure
equality of taxation, or for order, system, and dispatch in
certainty as to the nature and proceedings, and by a
amount of each others tax disregard of which the rights
MANDATORY of parties interested may not
o E.g. Statutes requiring be injuriously affected
the assessor to notify the directory
taxpayer of the o Exception unless
assessment of his accompanied by negative
property within a words importing that the
prescribed period acts required shall not be
Those designed merely for the done in any other manner
information or direction of or time than that
officers or to secure designated
methodical and systematic
modes of proceedings - Statutes prescribing manner of
DIRECTORY judicial action
Construed directory
Statutes concerning public auction Procedure is secondary in
sale importance to substantive
Construed mandatory right
Procedural steps must be Generally, non-compliance
strictly followed therewith is not necessary to
Otherwise, void the validity of the proceedings
Statutes requiring rendition of designation of the
decision within prescribed period time was intended
Sec 15(1) Art. VIII, 1987 as a limitation of
Constitution the maximum power, authority or
period within which a case or right
matter shall be decided or always look at intent to
resolved from the date of its ascertain whether to give the
submission shall be statute a mandatory or
o 24 months SC directory construction
o 12 months lower o basis: EXPEDIENCY
collegiate courts less injury results to the
o 3 months all other general public by
lower courts disregarding than
Sec 7 Art. IX-A, 1987 enforcing the little of the
Constitution law and that judges
o 60 days from the date of would otherwise abstain
its submission for from rendering decisions
resolution for all after the period to render
Constitutional them had lapsed because
Commissions they lacked jurisdiction
Before the Constitution took tot do so
effect - Statutes requiring
rendition of decision within Querubin v. CA
prescribed period Directory Statute: appeals in election
o Except cases shall be decided within
intention to the 3 months after the filing of the
contrary is manifest case in the office of the clerk
time is of the of court
Issue: whether or not CA has
essence of the thing
to be done jurisdiction in deciding the
language of the election case although the
required period to resolve it
statute contains
has expired
negative words
Held: yes, otherwise is to o 3 months all other
defeat the administration of lower courts
justice upon factors beyond Sec 15(1) Art. VIII, 1987
the control of the parties; Constitution directory
would defeat the purpose of Reasons:
due process; dismissal will o Statutory provisions
constitute miscarriage of which may be thus
justice; speedy trial would be departed from with
turned into denial of justice impunity, without
o Failure of judge to take affecting the validity of
action within the said statutory proceedings,
period merely deprives are usually those which
him of their right to relate to the mode or
collect their salaries or to time of doing that which
apply for leaves, but does is essential to effect the
not deprive them of the aim and purpose of the
jurisdiction to act on the legislature or some
cases pending before incident of the essential
them act thus directory
o Liberal construction
Constitutional time provision departure from strict
directory compliance would result
in less injury to the
Marcelino v. Cruz general public than
Sec 15(1) Art. VIII, 1987 would its strict
Constitution the maximum application
period within which a case or o Courts are not divested
matter shall be decided or of their jurisdiction for
resolved from the date of its failure to decide a case
submission shall be within the 90-day period
o 24 months SC o Only for the guidance of
o 12 months lower the judges manning our
collegiate courts courts
o Failure to observe said o A statute is not made
rule constitutes a ground retroactive because it
for administrative draws on antecedent
sanction against the facts for its operation, or
defaulting judge part of the requirements
A certification to for its action and
this effect is application is drawn
required before from a time antedating its
judges are allowed passage.
to draw their
salaries Umali vs. Estanislao
A law may be made operative
CHAPTER NINE: Prospective partly on facts that occurred
and Retroactive Statutes prior to the effectivity of such
law without being retroactive.
IN GENERAL Statute: RA 7167- granting
increased personal exemptions
Prospective and retroactive from income tax to be
statutes, defined available thenceforth, that is,
Prospective after said Act became
o operates upon facts or effective and on or before the
transactions that occur deadline for filing income tax
after the statute takes returns, with respect to
effect compensation income earned
o looks and applies to the or received during the
future. calendar year prior to the date
Retroactive the law took effect.
o Law which creates a new
obligation, imposes a Castro v. Sagales
new duty or attaches a A retroactive law (in a legal
new disability in respect sense)
to a transaction already o one which takes away or
past. impairs vested rights
acquired under existing for the future, the judge for
laws the past.
o creates a new obligation If the law is silent as to the
and imposes a new duty date of its application and that
o attaches a new disability it is couched in the past tense
in respect of transactions does not necessarily imply
or considerations already that it should have retroactive
past effect.

Laws operate prospectively, Grego v. Comelec


generally A statute despite the
It is a settled rule in statutory generality of its language,
construction that statutes are must not be so construed as to
to be construed as having only overreach acts, events, or
prospective operation, unless matters which transpired
the intendment of the before its passage
legislature is to give them a Statute: Sec.40 of the LGC
retroactive effect, expressly disqualifying those removed
declare or necessarily implied from office as a result of an
from the language used. administrative case from
No court will hold a statute to running for local elective
be retroactive when the positions cannot be applied
legislature has not said so. retroactively.
Art. 4 of the Civil Code which Held: It cannot disqualify a
provides that Laws shall person who was
have no retroactive effect, administratively removed
unless the contrary is from his position prior to the
provided. effectivity of said Code from
Lex prospicit, non respicit running for an elective
the law looks forward, not position.
backward Rationale: a law is a rule
Lex de future, judex de established to guide actions
praeterito the law provides with no binding effect until it
is enacted.
jurisdiction over guardianship
Nova constitution futuris cases, could not be given
formam imponere debet non retroactive effect in the
praeteretis A new statute absence of a saving clause.
should affect the future, not
the past. Larga v. Ranada Jr.
Held: Sec. 9 & 10 of E.O. 90
amending Sec 4 of P.D. 1752
could have no retroactive
application.
Prospectivity applies to:
o Statutes Peo v. Que Po Lay
o Administrative rulings Held: a person cannot be
and circulars convicted of violating
o Judicial decisions Circular 20 of the Central
The principle of prospectivity Bank, when the alleged
of statutes, original or violation occurred before
amendatory, has been applied publication of the Circular on
in many cases. These include: the Official Gazette.

Buyco v. PNB Baltazar v. CA


Statute: RA 1576 which Held: It denied retroactive
divested the PNB of authority application to PD 27
to accept back pay certificates decreeing the emancipation of
in payment of loans tenants from the bondage of
Held: does not apply to an the soil, & PD 316,
offer of payment made before prohibiting ejectment of
effectivity of the act. tenants from rice & corn
farmholdings pending
promulgation of rules &
Lagardo v. Masaganda regulations implementing PD
Held: RA 2613, as amended 27
by RA 3090 ON June 1991,
granting inferior courts Nilo v CA
Held: removed personal mean and is the basis of Art.8
cultivation as the ground for of the Civil Code wherein
ejectment of a tenant cant be laws of the Constitution shall
given retroactive effect in form part of the legal system
absence of statutory statement of the Philippines.
for retroactivity.
Presumption against retroactivity
Applied to administrative Presumption is that all laws
rulings & circulars: operate prospectively, unless
the contrary clearly appears or
ABS-CBN Broadcasting v. CTA is clearly, plainly and
Held: a circular or ruling of unequivocally expressed or
the CIR cannot be given necessarily implied.
retroactive effect adversely to In case of doubt: resolved
a taxpayer. against the retroactive
operation of laws
Sanchez v. COMELEC If statute is susceptible of
Held: the holding of recall construction other than that of
proceedings had no retroactivity or will render it
retroactive application unconstitutional- the statute
will be given prospective
Romualdez v. CSC effect and operation.
Held: CSC Memorandum Presumption is strong against
Circular No. 29 cannot be substantive laws affecting
given retrospective effect so pending actions or
as to entitle to permanent proceedings. No substantive
appointment an employee statute shall be so construed
whose temporary appointment retroactively as to affect
had expired before the pending litigations.
Circular was issued.
Applied to judicial decisions Words or phrases indicating
for even though not laws, are prospectivity
evidence of what the laws Indicating prospective
operation:
o A statute is to apply Statutes by nature which are
hereafter or retroactive:
thereafter o Remedial or curative
o from and after the statutes
passing of this Act o Statutes which create
o shall have been made new rights
o from and after a o Statute expressly
designated date provides that it shall
Shall implies that the law apply retroactively
makes intend the enactment to o Where it uses words
be effective only in future. which clearly indicate its
Statutes have no retroactive intent
but prospective effect: Problem in construction is
o It shall take effect upon when it is applied
its approval retroactively, to avoid frontal
o Shall take effect on the clash with the Constitution
date the President shall and save the law from being
have issued a declared unconstitutional.
proclamation or E.O., as
provided in the statute STATUTES GIVEN
PROSPECTIVE EFFECT
Retroactive statutes, generally
The Constitution does not Penal statutes, generally
prohibit the enactment of Penal laws operate
retroactive statutes which do prospectively.
not impair the obligation of Art. 21 of the RPC provides
contract, deprive persons of that no felony shall be
property without due process punishable by any penalty not
of law, or divest rights which prescribed by law prior to its
have become vested, or which commission.
are not in the nature of ex post Provision is recognition to the
facto laws. universally accepted principle
that no penal law can have a
retroactive effect, no act or that annexed to the crime
omission shall be held to be a when committed
crime, nor its author punished, o Law which alters the
except by virtue of a law in legal rules of evidence,
force at the time the act was authorizes conviction
committed. upon less or different
Nullum crimen sine poena, testimony than the law
nulla poena sine legis there required at the time of
is no crime without a penalty, the commission of the
there is no penalty without a offense
law. o Law which assumes to
regulate civil rights and
Ex post facto law remedies only, but in
Constitution provides that no effect imposes penalty or
ex post facto law shall be deprivation of a right for
enacted. It also prohibits the something which when
retroactive application of done was lawful
penal laws which are in the o Law which deprives a
nature of ex post facto laws. person accused of a
Ex post facto laws are any of crime of some lawful
the following: protection to which he
o Law makes criminal an has become entitled, such
act done before the as protection of a former
passage of the law and conviction or acquittal,
which was innocent or proclamation of
when done, and punishes amnesty.
such act Test if ex post facto clause is
o Law which aggravates a violated: Does the law sought
crime, makes it greater to be applied retroactively
than it was, when take from an accused any
committed right vital for protection of
o Law which changes the life and liberty?
punishment & inflicts a Scope: applies only to
greater punishment than criminal or penal matters
It does NOT apply to laws History: Bill of Attainder was
concerning civil proceedings employed to suppress
generally, or which affect or unpopular causes & political
regulate civil or private rights minorities, and this is the evil
or political privilege sought to be suppressed by the
Constitution.
Alvia v. Sandiganbayan How to spot a Bill of
Law: as of the date of the Attainder:
effectivity of this decree, any o Singling out of a definite
case cognizable by the minority
Sandiganbayan is not an ex o Imposition of a burden
post facto law because it is not on it
a penal statute nor dilutes the o A legislative intent
right of appeal of the accused. o retroactive application to
past conduct suffice to
Bill of attainder stigmatize
Constitution provides that no Bill of Attainder is
bill of attainder shall be objectionable because of its
enacted. ex post facto features.
Bill of attainder legislative Accordingly, if a statute is a
act which inflicts punishment Bill of Attainder, it is also an
without judicial trial ex post facto law.
Essence: substitution of a
legislative for a judicial When penal laws applied
determination of guilt retroactively
Serves to implement the Penal laws cannot be given
principle of separation of retroactive effect, except
powers by confining the when they are favorable to the
legislature to rule-making & accused.
thereby forestalling legislative Art.22 of RPC penal laws
usurpation of judicial shall have a retroactive effect
functions. insofar as they favor the
person guilty of a felony, who
is not a habitual criminal, as eliminating the
this term is defined in Rule 5 offense itself
Art 62 of the Code , although removing subsidiary
at the time of the application imprisonment in
of such laws a final sentence case of insolvency
has been pronounced and the to pay the civil
convict is serving the same. liability
This is not an ex post facto prescription of the
law. offense
Exception to the general rule such statute
that all laws operate will be applied
prospectively. retroactively
Rule is founded on the and the trial
principle that: the right of the court before
state to punish and impose the finality of
penalty is based on the judgment or
principles of justice. the appellate
Favorabilia sunt amplianda, court on appeal
adiiosa restrigenda from such
Conscience and good law judgment
justify this exception. should take
Exception was inspired by such statute in
sentiments of humanity and consideration.
accepted by science. o Enacted during or after
2 laws affecting the liability of the trial of the criminal
accused: action
o In force at the time of the
commission of the crime Director v. Director of Prisons
during the pendency of When there is already a final
the criminal action, a judgment & accused is
statute is passed serving sentence, remedy is to
reducing the degree file petition of habeas corpus,
of penalty alleging that his continued
imprisonment is illegal
pursuant to said statute & administration of public
praying that he be forthwith affairs.
released. o that part of law which
creates, defines &
Exceptions to the rule: regulates rights, or which
o When accused is habitual regulates rights or duties
delinquent which give rise to a
o When statute provides cause of action
that it shall not apply to o that part of law which
existing actions or courts are established to
pending cases administer
o Where accused o when applied to criminal
disregards the later law law: that which declares
& invokes the prior which acts are crimes
statute under which he and prescribe the
was prosecuted. punishment for
General rule: An amendatory committing them
statute rendering an illegal act o Cannot be construed
prior to its enactment no retroactively as it might
longer illegal is given affect previous or past
retroactive effect does not rights or obligations
apply when amendatory act Substantive rights
specifically provides that it o One which includes
shall only apply prospectively. those rights which one
enjoys under the legal
Statutes substantive in nature system prior to the
Substantive law disturbance of normal
o creates, defines or relations.
regulates rights Cases with substantive
concerning life, liberty or statutes:
property, or the powers
of agencies or Tolentino v. Azalte
instrumentalities for In the absence of a contrary
intent, statutes which lays
down certain requirements to disregard or infraction of
be complied with be fore a them
case can be brought to court. o If it operates as a means
of implementing an
Espiritu v. Cipriano existing right
Freezes the amount of Test for substantive laws:
monthly rentals for residential o If it takes away a vested
houses during a fixed period right
o If rule creates a right
Spouses Tirona v. Alejo such as right to appeal
Law: Comprehensive Land
Reform Law granting Fabian v. Desierto
complainants tenancy rights to Where to prosecute an appeal
fishponds and pursuant to or transferring the venue of
which they filed actions to appeal is procedural
assert rights which Example:
subsequently amended to o Decreeing that appeals
exempt fishponds from from decisions of the
coverage of statute Ombudsman in
Held: Amendatory law is administrative actions be
substantive in nature as it made to the Court of
exempts fishponds from its Appeals
coverage. o Requiring that appeals
from decisions of the
Test for procedural laws: NLRC be filed with the
o if rule really regulates Court of Appeals
procedure, the judicial Generally, procedural rules
process for enforcing are retroactive and are
rights and duties applicable to actions pending
recognized by and undermined at the time of
substantive law & for the passage of the procedural
justly administering law, while substantive laws
remedy and redress for a are prospective
Where a complaint pending in
Effects on pending actions court is defective because it
Statutes affecting substantive did not allege sufficient
rights may not be given action, it may not be validated
retroactive operation so as to by a subsequent law which
govern pending proceedings. affects substantive rights and
not merely procedural matters.
Iburan v. Labes
Where court originally obtains Rule against the retroactive
and exercises jurisdiction, a operation of statutes in
later statute restricting such general applies more strongly
jurisdiction or transferring it with respect to substantive
to another tribunal will not laws that affect pending
affect pending action, unless actions or proceedings.
statute provides & unless
prohibitory words are used. Qualification of rule
A substantive law will be
Lagardo v. Masagana construed as applicable to
Where court has no pending actions if such is the
jurisdiction over a certain case clear intent of the law.
but nevertheless decides it, To promote social justice or in
from which appeal is taken, a the exercise of police power,
statute enacted during the is intended to apply to
pendency of the appeal pending actions
vesting jurisdiction upon such As a rule, a case must be
trial court over the subject decided in the light of the law
matter or such case may not as it exists at the time of the
be given retroactive effect so decision of the appellate
as to validate the judgment of court, where the statute
the court a quo, in the absence changing the law is intended
of a saving clause. to be retroactive and to apply
to pending litigations or is
Republic v. Prieto retroactive in effect
This rule is true though it may Inchoate rights which have
result in the reversal of a not been acted on are not
judgment which as correct at vested
the time it was rendered by
the trial court. The rule is
subject to the limitation
concerning constitutional A statute may not be
restrictions against construed and applied
impairment of vested rights retroactively under the
following circumstances:
Statutes affecting vested rights o if it impairs substantive
A vested right or interest may right that has become
be said to mean some right or vested;
interest in property that has o as disturbing or
become fixed or established destroying existing right
and is no longer open to doubt embodied in a judgment;
or controversy o creating new substantive
Rights are vested when the right to fundamental
right to enjoyment, present or cause of action where
prospective, has become the none existed before and
property of some particular making such right
person or persons, as a present retroactive;
interest o by arbitrarily creating a
The right must be absolute, new right or liability
complete and unconditional, already extinguished by
independent of a contingency operation of law
A mere expectancy of future Law creating a new right in
benefit or a contingent favor of a class of persons
interest in property founded may not be so applied if the
on anticipated continuance of new right collides with or
existing laws does not impairs any vested right
constitute a vested right acquired before the
establishment of the new right
nor, by the terms of which is
retroactive, be so applied if:
o it adversely affects
vested rights Peo v. Patalin
o unsettles matter already The abolition of the death
done as required by penalty and its subsequent re-
existing law imposition. Those accused of
o works injustice to those crimes prior to the re-
affected thereby imposition of the death
penalty have acquired vested
Benguet Consolidated Mining Co rights under the law
v. Pineda abolishing it.
While a person has no vested Courts have thus given
right in any rule of law statutes strict constriction to
entitling him to insist that it prevent their retroactive
shall remain unchanged for operation in order that the
his benefit, nor has he a statutes would not impair or
vested right in the continued interfere with vested or
existence of a statute which existing rights. Accused-
precludes its change or repeal, appellant s rights to be
nor in any omission to benefited by the abolition of
legislate on a particular the death penalty accrued or
matter, a subsequent statute attached by virtue of Article
cannot be so applied 22 of the Revised Penal Code.
retroactively as to impair his This benefit cannot be taken
right that accrued under the away from them.
old law.
Statutes must be so construed Statutes affecting obligations of
as to sustain its contract
constitutionality, and Any contract entered into
prospective operation will be must be in accordance with,
presumed where a retroactive and not repugnant to, the
application will produce applicable law at the time of
invalidity. execution. Such law forms
part of, and is read into, the obligation, and such statute
contract even without the should not therefore be
parties expressly saying so. applied retroactively.
Laws existing at the time of As between two feasible
the execution of contracts are interpretations of a statute, the
the ones applicable to such court should adopt that which
transactions and not later will avoid the impairment of
statutes, unless the latter the contract.
provide that they shall have If the contract is legal at it
retroactive effect. inception, it cannot be
Later statutes will not, rendered illegal by a
however, be given retroactive subsequent legislation.
effect if to do so will impair A law by the terms of which a
the obligation of contracts, for transaction or agreement
the Constitution prohibits the would be illegal cannot be
enactment of a law impairing given retroactive effect so as
the obligations of contracts. to nullify such transactions or
Any law which enlarges, agreement executed before
abridges, or in any manner said law took effect.
changes the intention of the
parties necessarily impairs the U.S. Tobacco Corp. v. Lina
contract itself The importation of certain
A statute which authorizes any goods without import license
deviation from the terms of which was legal under the law
the contract by postponing or existing at the time of
accelerating the period of shipment is not rendered
performance which it illegal by the fact that when
prescribes, imposing the goods arrived there was
conditions not expressed in already another law
the contract, or dispensing prohibiting importation
with those which are however without import license. To
minute or apparently rule otherwise in any of these
immaterial in their effect upon instances is to impair the
the contract, impairs the obligations of contract.
statute prohibiting the
collection of attorneys fees
cannot be applied
retroactively so as to
adversely affect the contract
for professional services and
Illustration of rule the fees themselves.
The 5% fee was contingent
People v. Zeta and did not become absolute
Existing law: authorizing a and unconditional until the
lawyer to charge not more veterans claim had been
than 5% of the amount collected by the claimant
involved as attorneys fees in when the statute was already
the prosecution of certain in force did no alter the
veterans claim. situation.
Facts: A lawyer entered into a For the distinction between
contract for professional vested and absolute rights is
services on contingent basis not helpful and a better view
and actually rendered service to handle the problem is to
to its successful conclusion. declare those statutes
Before the claim was attempting to affect rights
collected, a statute was which the courts find to be
enacted. unalterable, invalid as
New statute: Prohibiting the arbitrary and unreasonable,
collection of attorneys fees thus lacking in due process.
for services rendered in The 5% fee allowed by the old
prosecuting veterans claims. law is not unreasonable.
Issue: For collecting his fees Services were rendered
pursuant to the contract for thereunder to claimants
professional services, the benefits. The right to fees
lawyer was prosecuted for accrued upon such rendition.
violation of the statute. Only the payment of the fee
Held: In exonerating the was contingent upon the
lawyer, the court said: the approval of the claim;
therefore, the right was will not be so construed if it
contingent. For a right to will impair vested rights or
accrue is one thing; the obligations of contracts, or
enforcement thereof by actual unsettle matters that had been
payment is another. The legally done under the old
subsequent law enacted after law.
the rendition of the services Repealing statutes which are
should not as a matter of penal in nature are generally
simple justice affect the applied retroactively if
agreement, which was entered favorable to the accused,
into voluntarily by the parties unless the contrary appears or
as expressly directed in the the accused is otherwise not
previous law. To apply the entitled to the benefits of the
new law to the case of repealing act.
defendant-appellant s as to While an amendment is
deprive him of the agreed fee generally construed as
would be arbitrary and becoming a part of the
unreasonable as destructive of original act as if it had always
the inviolability of contracts, been contained therein , it
and therefore invalid as may not be given a
lacking in due process; to retroactive effect unless it is
penalize him for collecting so provided expressly or by
such fees, repugnant to our necessary implication and no
sense of justice. vested right or obligations of
contract are thereby impaired.
Repealing and amendatory acts The general rule on the
Statutes which repeal earlier prospective operation of
or prior laws operate statutes also applies to
prospectively, unless the amendatory acts
legislative intent to give them
retroactive effect clearly San Jose v. Rehabilitation Finance
appears. Corp
Although a repealing state is RA 401 which condoned the
intended to be retroactive, it interest on pre-war debts from
January 1, 1942 to December cover refund of interests
31, 1945 amended by RA 671 paid after its approval.
on June 16, 1951 by virtually
reenacting the old law and CIR v. La Tondena
providing that if the debtor, Statute: imposes tax on certain
however, makes voluntary business activities is amended
payment of the entire pre-war by eliminating the clause
unpaid principal obligation providing a tax on some of
on or before December 31, such activities, and the
1952, the interest on such amended act is further
principal obligation amended, after the lapse of
corresponding from January length of time, by restoring
1, 1946 to day of payment are the clause previously
likewise condoned eliminated, which requires
Held: a debtor who paid his that the last amendment
pre-war obligation together should not be given
with the interests on March retroactive effect so as to
14, 1951 or before the cover the whole period.
amendment was approved into
law, is not entitled to a refund Imperial v. CIR
of the interest paid from An amendment which
January 1, 1946 to March 14, imposes a tax on a certain
1951 the date the debtor paid business which the statute
the obligation. prior to its amendment does
Reason: not tax, may not be applied
o makes voluntary retroactively so as to require
payment denotes a payment of the tax on such
present or future act; business for the period prior
thereby not retroactively to the amendment
o unpaid principal
obligation and Buyco v. Philippine National Bank
condone imply that Issue: can Buyco compel the
amendment does not PNB to accept his backpay
certificate in payment of his The rule is familiar that after
indebtedness to the bank an act is amended, the original
April 24, 1956- RA 897 gave act continues to be in force
Buyco the right to have said with regard to all rights that
certificate applied in payment had accrued prior to such
of is obligation thus at that amendment.
time he offered to pay with his
backpay certificate. Insular Government v. Frank
June 16, 1956, RA 1576 was Where a contract is entered
enacted amending the charter into by the parties on the basis
of the PNB and provided that of the law then prevailing, the
the bank shall have no amendment of said law will
authority to accept backpay not affect the terms of said
certificate in payment of contract.
indebtedness to the bank. The rule applies even if one of
Held: The Court favored the contracting parties is the
Buyco. All statutes are government
construed as having
prospective operation, unless STATUTES GIVEN
the purpose of the legislature RETROACTIVE EFFECT
is to give them retroactive
effect. Procedural laws
This principle also applies to The general law is that the law
amendments. RA 1576 does has no retroactive effect.
not contain any provision Exceptions:
regarding its retroactive o procedural laws
effect. It simply states its o curative laws, which are
effectivity upon approval. given retroactive
The amendment therefore, has operation
no retroactive effect, and the Procedural laws
present case should be o adjective laws which
governed by the law at the
prescribe rules and forms
time the offer in question was
of procedure of enforcing
made
rights or obtaining applicable to all actions
redress for their invasion those which have
o they refer to rules of accrued or are pending.
procedure by which o Statutes regulating the
courts applying laws of procedure of the courts
all kinds can properly will be construed as
administer injustice applicable to actions
o they include rules of pending and
pleadings, practice and undetermined at the time
evidence of their passage.
o Applied to criminal law, The retroactive application of
they provide or regulate procedural laws is not:
the steps by which one o violative of any right of a
who commits a crime is person who may feel that
to be punished. he is adversely affected;
o Remedial statutes or o nor constitutionally
statutes relating to modes objectionable.
of procedure- which do Rationale: no vested right
not create new or take may attach to, nor arise from,
away vested rights, but procedural laws.
only operate in A person has no vested right
furtherance of the in any particular remedy, and
remedy or confirmation a litigant cannot insist on the
of the rights already application to the trial of his
existing, do not come case, whether civil or
within the legal criminal, of any other than the
conception of a existing rules of procedure
retroactive law, or the
general rule against the Alday v. Camillon
retroactive operation of Provision: BP 129- nor
statutes.
record or appeal shall be
o A new statute which
required to take an appeal.
deals with procedure (procedural in nature and
only is presumptively
should be applied filed, the jurisdiction to try it
retroactively) has been transferred by law to
Issue: Whether an appeal from a quasi-judicial tribunal.
an adverse judgment should Rationale: for even actions
be dismissed for failure of pending in one court may be
appellant to file a record on validly be taken away and
appeal within 30 days as transferred to another and no
required under the old rules. litigant can acquire a vested
Such question is pending right to be heard by one
resolution at the time the BP particular court.
Blg took effect, became
academic upon effectivity of An administrative rule: which
said law because the law no is interpretative of a pre-
longer requires the filing a of existing statue and not
a record on appeal and its declarative of certain rights
retroactive application with obligations thereunder is
removed the legal obstacle to given retroactive effect as of
giving due course to the the date of the effectivity of
appeal. the statute.

Castro v. Sagales Atlas Consolidated Mining &


A statute which transfers the Development Corp. v. CA
jurisdiction to try certain cases Issue: whether a trial court has
from a court to a quasi- been divested of jurisdiction
judicial tribunal is a remedial to hear and decide a pending
statute that is applicable to case involving a mining
claims that accrued before its controversy upon the
enactment but formulated and promulgation of PD 1281
filed after it took effect. which vests upon the Bureau
Held: The court that has of Mines Original and
jurisdiction over a claim at the exclusive jurisdiction to hear
time it accrued cannot validly and decide mining
try to claim where at the time controversies.
the claim is formulated and
Held: Yes. PD 1281 is a Litigants in a mining
remedial statute. controversy cannot be
It does not create new rights permitted to choose a forum
nor take away rights that are of convenience.
already vested. It only Jurisdiction is imposed by law
operates in furtherance of a and not by any of the parties
remedy or confirmation of to such proceedings.
rights already in existence. Furthermore, PD 1281 is a
It does not come within the special law and under a well-
legal purview of a prospective accepted principle in stat con,
law. As such, it can be given the special law will prevail
retrospective application of over a stature or law of
statutes. general application.
Being procedural in nature, it
shall apply to all actions Subido, Jr. v. Sandiganbayan
pending at the time of its Court ruled that RA 7975, in
enactment except only with further amending PD 1606 as
respect to those cases which regards the Sandiganbayans
had already attained h jurisdiction, mode of appeal,
character of a final and and other procedural matters,
executor judgment. is clearly a procedural law,
Were it not so, the purpose of i.e. one which prescribes rules
the Decree, which is to and forms of procedure
facilitate the immediate enforcing rights or obtaining
resolution of mining redress for their invasion, or
controversies by granting those which refer to rules of
jurisdiction to a body or procedure by which courts
agency more adept to the applying laws of all kinds can
technical complexities of properly administer justice.
mining operations, would be The petitioners suggest that it
thwarted and rendered is likewise curative or
meaningless. remedial statute, which cures
defects and adds to the means
of enforcing existing The rule does not apply
obligations. where:
As a procedural and curative o the statute itself
statute, RA 7975 may validly expressly or by necessary
be given retroactive effect, implication provides that
there being no impairment of pending actions are
contractual or vested rights. excepted from it
operation, or where to
Martinez v. People apply it to pending
Statutes regulating the proceedings would
procedure of the courts will be impair vested rights
construed as applicable to o Courts may deny the
actions pending and retroactive application of
undermined at the time of procedural laws in the
their passage. event that to do so would
Where at the time the action not be feasible or would
was filed, the Rules of Court: work injustice.
a petition to be allowed to o Nor may procedural laws
appeal as pauper shall not be be applied retroactively
entertained by the appellate to pending actions if to
court do so would involve
The subsequent amendment intricate problems of due
thereto deleting the sentence process or impair the
implies that the appellate independence of the
court is no longer prohibited courts.
from entertaining petitions to
appear as pauper litigants, and Tayag v. CA
may grant the petition then Issue: whether an action for
pending action, so long as its recognition filed by an
requirements are complied illegitimate minor after the
with. death of his alleged parent
when Art 285 of the Civil
Exceptions to the rule Code was still in effect and
has remained pending Art 175
of the Family Code took effect the filing of the complaint in
can still be prosecuted court. The trial court is,
considering that Art 175, therefore, correct in applying
which is claimed to be the provisions of Art 285 of
procedural in nature and the Civil Code and in holding
retroactive in application, that private respondents
does not allow filing of the cause of action has not yet
action after the death of the prescribed.
alleged parent.
Held: The rule that a statutory Curative statutes
change in matters of curative remedial statutes are
procedure may affect pending healing acts
actions and proceedings, they are remedial by curing
unless the language of the act defects and adding to the
excludes them from its means of enforcing existing
operation, is not so pervasive obligations
that it may be used to validate the rule to curative statutes is
or invalidate proceedings that if the thing omitted or
taken before it goes into failed to be done, and which
effect, since procedure must constitutes the defect sought
be governed by the law to be removed or made
regulating it at the time the harmless, is something which
question of procedure arises the legislature might have
especially where vested rights dispensed with by a previous
maybe prejudiced. statute, it may do so by a
Accordingly, Art 175 of the subsequent one
Family Code finds no proper curative statutes are intended
application to the instant case to supply defects, abridge
since it will ineluctably affect superfluities in existing laws,
adversely a right of private and curb certain evils. They
respondent and, are designed and intended, but
consequentially, of the minor has failed of expected legal
child she represents, both of consequence by reason of
which have been vested with some statutory disability or
irregularity in their own o curative statutes are
action. They make valid that healing acts curing
which, before the enactment defects and adding to the
of the statute, was invalid. means of enforcing
Their purpose is to give existing obligations
validity to acts done that o and are intended to
would have been invalid supply defects abridge
under existing laws, as if superfluities in existing
existing laws have been laws& curb certain evils
complied with o by their very nature,
curative statutes are
Frivaldo v. COMELEC retroactive and reach
(rested the definition of back to the past events to
curative statutes) correct errors or
irregularities & to render
Tolentino valid & effective
o those which undertake to attempted acts which
cure errors& would be otherwise
irregularities, thereby ineffective for the
validating judicial purpose the parties
judicial or administrative intended
proceedings, acts of Curative statutes are forms of
public officers, or private retroactive legislations which
deeds or contracts which reach back on past events to
otherwise would not correct errors or irregularities
produce their intended & to render valid & effective
consequences by reason attempted acts which would
of some statutory be otherwise ineffective for
disability or failure to the purpose the parties
comply with some intended.
technical requirement Erectors, Inc. v. NLRC (hahhha for
the petitioner)
Agpalo Statute: EO 111, amended Art
217 of the Labor Code to
widen the workers, access to Held: EO 111 & RA 6715 are
the government for redress of therefore curative statutes.
grievances by giving the A curative statute is enacted to
Regional Directors & the cure defects in a prior law or
Labor Arbiters concurrent to validate legal proceedings,
jurisdiction over cases instruments or acts of public
involving money claims authorities which would
Issue: Amendment created a otherwise be void for want of
situation where the conformity with certain
jurisdiction of the RDs and existing legal requirements
LAs overlapped.
Remedy: RA 6715further Adong v. Cheong Seng Gee
amended Art 217 by Statutes intended to validate
delineating their respective what otherwise void or invalid
jurisdictions. Under RA 6715, marriages, being curative, will
the RD has exclusive be given retroactive effect.
jurisdiction over cases
involving claims, provided: Santos v. Duata
o the claim is presented by Statute which provides that a
an employer or person contract shall presumed an
employed in domestic or equitable mortgage in any of
household services or the cases therein enumerated,
household help under the and designed primarily to
Code. curtail evils brought about by
o the claimant no longer contracts of sale with right of
being employed does not repurchase, is remedial in
seek reinstatement nature & will be applied
o the aggregate money retroactively to cases arising
claim of the employee or prior to the effectivity of the
househelper doesnt statute.
exceed P5,000.
All other cases are within the
exclusive jurisdiction of the Abad v. Phil American General
Labor Arbiter. Inc.
Where at the time action is (an example considered
filed in court the latter has no curative & remedial as well
jurisdiction over the subject as one which creates new
matter but a subsequent rights & new remedies,
statute clothes it with generally held to e retroactive
jurisdiction before the matter in nature- PD 725, which
is decided. liberalizes the procedure of
The statute is in the nature of repatriation)
a curative law with retroactive Held: PD 725 & the re-
operation to pending acquisition of the Filipino
proceedings and cures the citizenship by administrative
defect of lack of jurisdiction repatriation pursuant to said
of the court at the decree is retroactive.
commencement of the action.
De Castro v. Tan
Held: what has been given
Legarda v. Masaganda retroactive effect in Frivaldo
Where a curative statute is is not only the law itself but
enacted after the court has also Phil. Citizenship re-
rendered judgment, which acquired pursuant to said law
judgment is naturally void as to the date of application for
the court has at the time no repatriation, which meant that
jurisdiction over the subject of his lack of Filipino citizenship
the action, the enactment of at the time he registered as a
the statute conferring voter, one of the qualification
jurisdiction to the court does is as a governor, or at the time
not validate the void judgment he filed his certificate of
for the legislature has no candidacy for governorship,
power to make a judgment one of the qualification is as a
rendered without jurisdiction governor, was cured by the
of a valid judgment. retroactive application of his
repatriation.
Frivaldo v. COMELEC
Republic v. Atencio
Curative statute: one which law, has the authority to enter
confirms, refines and validate intoa negotiated contract for
the sale or transfer of a public the construction of a
land awarded to a grantee, government project under the
which a prior law prohibits its build-lease-and transfer
sale within a certain period & scheme
otherwise invalid transaction Held: The subsequent
under the old law. enactment of a statute which
recognizes direct negotiation
Municipality of San Narciso, of contracts under such
Quezon v. Mendez arrangement is a curative
Statute: Sec. 442(d) of the statute.
Local Government Code of As all doubts and procedural
1991, provides that municipal lapses that might have
districts organized pursuant to attended the negotiated
presidential issuances or contract have been cured by
executive orders & which the subsequent statute
have their respective sets of
elective municipal officials Limitations of rule
holding at the time of the remedial statutes will not be
effectivity of the code shall given retroactive effect if to
henceforth be considered as a do so would impair the
regular municipalities obligations of contract or
This is a curative statute as it disturb vested rights
validates the creation of only administrative or
municipalities by EO which curative features of the statute
had been held to be an invalid as will not adversely affect
usurpation of legislative existing rights will be given
power. retroactive operation
the exception to the foregoing
Tatad v. Garcia Jr. limitations of the rule is a
Issue: Where there is doubt as remedial or curative statute
to whether government which is enacted as a police
agency under the then existing power measure
Statutes of this type may be and general welfare of the
given retroactive effect even people
though they impair vested Any right acquired under a
rights or the obligations of statute or under a contract is
contract, if the legislative subject to the condition that it
intent is to give them may be impaired by the state
retrospective operation in the legitimate exercise of
Rationale: The constitutional its police power, since the
restriction against impairment reservation of the essential
against obligations of contract attributes of sovereign power
or vested rights does not is deemed read into every
preclude the legislature from statute or contract as a
enacting statutes in the postulate of the legal order
exercise of its police power
Statutes relating to prescription
Police power legislations General rule: a statute relating
as a rule, statutes which are to prescription of action,
enacted in the exercise of being procedural in nature,
police power to regulate applies to all actions filed
certain activities, are after its effectivity. In other
applicable not only to those words, such a statute is both:
activities or transactions o prospective in the sense
coming into being after their that it applies to causes
passage, but also to those that accrued and will
already in existence accrue after it took effect,
Rationale: the non- and
impairment of the obligations o retroactive in the sense
of contract or of vested rights that it applies to causes
must yield to the legitimate that accrued before its
exercise of power, by the passage
legislature, to prescribe However, a statute of
regulations to promote the limitations will not be given
health, morals, peace, retroactive operation to causes
education, good order, safety of action that accrued prior to
its enactment if to do so will be given retroactive effect will
remove a bar of limitation not warrant giving it if it will
which has become complete impair vested rights
or disturb existing claims Statute of limitations
without allowing a reasonable prescribing a longer period to
time to bring actions thereon file an action than that
specified under the law may
Nagrampa v. Nagrampa not be construed as having
Statute: Art. 1116 of the Civil retroactive application if it
Code: prescription already will revive the cause that
running before the effectivity already prescribed under the
of this Code shall be governed old statute for it will impair
by laws previously in force; vested rights against whom
but if since the time this Code the cause is asserted.
took effect the entire period Statute which shorten the
herein required for period of prescription &
prescription should elapse, the requires that causes which
present Code shall be accrued prior to its effectivity
applicable even though by the be prosecuted or filed not later
former laws a longer period than a specific date may not
might be required. be construed to apply to
Held: The provision is existing causes which
retroactive since it applied to pursuant to the old law under
a cause that accrued prior to which they accrued, will not
its effectivity which when prescribe until a much longer
filed has prescribed under the period than that specified in
new Civil Code even though the later enactment because
the period of prescription the right to bring an action is
prescribed under the old law founded on law which has
has not ended at the time the become vested before the
action is filed in court passage of the new statute of
The fact that the legislature limitations
has indicated that the statute
relating to prescription should
Apparently conflicting decisions vested right can attach thereto
on prescription or arise therefrom.
When the legislature provided
Billones v. CIR that actions already
Issue: whether Sec. 7A of commenced before the
Common wealth Act 144, effectivity of this Act shall not
amended by RA 1993, to the be affected by the period
effect that any action to herein prescribed, it intended
enforce an cause (i.e. non to apply the statute to all
payment of wages or overtime existing actions filed after the
compensation) under this Act effectivity of the law.
shall be commenced within 3 Because the statute shortened
years after such cause of the period within which to
action accrued, otherwise it bring an action & in order to
shall be forever barred. violate the constitutional
Provided, however, that mandate, claimants are
actions already commenced injuriously affected should
before the effective day of this have a reasonable period of 1
Act shall not be affected by yr. from time new statute took
the period herein prescribed. effect within which to sue on
As statute shortened the such claims.
period of prescription from 6
to 3 yrs. from the date the Corales v. Employees
cause of action accrued, it was Compensation Commission
contended that to give Same issue on Billones but
retroactive effect would Court arrived at a different
impair vested rights since it conclusion.
would operate to preclude the Issue: Whether a claim for
prosecution of claims that workmens compensation
accrued more than 3 but less which accrued under the old
than 6 yrs. Workmens Compensation Act
Held: a statute of limitations (WCA) but filed under after
is procedural in nature and no March 31, 1975 is barred by
the provision of the New
Labor Code which repealed said that such considered the
the WCA. right to bring an right to
WCA requires that action accrued prosecute the
workmens compensation under the old action that
claims accruing prior to the law is not vested accrued under
effectivity of this Code shall right, it did not the old law as
be filed with the appropriate say that the right one founded on
regional offices of the is one protected law & a vested
Department of Labor not later by the due right.
than March 31, 1975, process clause
otherwise shall be barred of the
forever. Constitution.
Held: Provision doesnt apply Court construed
to workmens compensation For BOTH the statute of
that accrued before Labor cases: In solving limitations as
Code took effect, even if how to inapplicable to
claims were not filed not later safeguard the the action that
than March 31, 1975. right to bring accrued before
Rationale: prescriptive period action whose the law took
for claims which accrued prescriptive effect.
under WCA as amended 10 period to (It is generally
yrs. which is a right found on institute it has held that the
statute & hence a vested been shortened court has no
right, that cannot be impaired by law? power to read
by the retroactive application Gave the into the law
of the Labor Code. claimants whose something
rights have been which the law
affected, one itself did not
Comparison of Billones and year from the provide
Corales date the law expressly or
took effect impliedly.
Billones Corales within which to Corales case
sue their claims. seems to be on
While Court Court firmer grounds.
Prescription in criminal and civil retroactively if favorable to
cases the accused.
General rule: laws on
prescription of actions apply Statutes relating to appeals
as well to crimes committed The right to appeal from an
before the enactment as adverse judgment, other than
afterwards. There is, however, that which the Constitution
a distinction between a statute grants, is statutory and may be
of limitations in criminal restricted or taken away
actions and that of limitations A statute relating to appeals is
in civil suits, as regards their remedial or procedural in
construction. nature and applies to pending
In CIVIL SUIT- statute is actions in which no judgment
enacted by the legislature as has yet been promulgated at
an impartial arbiter, between the time the statute took
two contending parties. In the effect.
construction of such statute, Such statute, like other
there is no intendment to be statutes, may not however be
made in favor of either party. construed retroactively so as
Neither grants right to the to impair vested rights. Hence,
other; there is therefore no a statute which eliminates the
grantor against whom no right to appeal and considers
ordinary presumptions of the judgment rendered in a
construction are to be made. case final and unappealable,
CRIMINAL CASES: the state destroys the right to appeal a
is the grantor, surrendering by decision rendered after the
act of grace its right to statute went into effect, but
prosecute or declare that the NOT the right to prosecute an
offense is no longer subject of appeal that has been perfected
prosecution after the before the passage of the law,
prescriptive period. Such for in the latter case, the right
statutes are not only liberally of the appellant to appeal has
construed but are applied become vested under the old
law and may not therefore be constitutional requirements,
impaired. any existing law.
Stature shortening the period Authority to amend is part of
for taking appeals is to be the legislative power to enact,
given prospective effect and alter and repeal laws.
may not be applies to pending The SC in the exercise of its
proceedings in which rule-making power or of its
judgment has already been power to interpret the law, has
rendered at the time of its no authority to amend or
enactment except if theres change the law, such authority
clear legislative intent. being the exclusive to the
legislature.
Berliner v. Roberts
Where a statute shortened the How amendment effected
period for taking appeals form Amendment the change or
thirty days to fifteen days modification, by deletion,
from notice of judgment, an alteration, of a statute which
appeal taken within thirty survives in its amended form.
days but beyond fifteen days The amendment of a statute is
from notice of judgment effected by the enactment of
promulgated before the statute an amendatory act modifying
took effect is deemed or altering some provisions of
seasonably perfected. a statute either expressly or
impliedly.
CHAPTER TEN: Amendment, Express amendment done by
Revision, Codification and providing in the amendatory
Repeal act that specific sections or
provisions of a statute be
AMENDMENT amended as recited therein or
as common indicated, to read
Power to Amend as follows.
The legislature has the
authority to amend, subject to Amendment by implication
Every statute should be payment of the tax in four
harmonized with other laws equal installments to
on the same subject, in the become due on or before
absence of a clear specified dates.
inconsistency. The penalty provision of
Legislative intent to amend a the earlier statute is
prior law on the same subject modified by implication
is shown by a statement in the that the penalty for late
later act that any provision of payment of an installment
law that is inconsistent under the later law will be
therewith is modified collected and computed
accordingly. only on the installment that
Implied Amendment- when a became due and unpaid,
part of a prior statute and not on the whole
embracing the same subject as amount of annual tax as
the later may not be enforced provided in the old statute.
without nullifying the Legislative intent to change
pertinent provision of the the basis is clear when the
latter in which event, the prior later law allowed payment
act is deemed amended or in four installments.
modified to the extent of
repugnancy. People v. Macatanda
A statute punishing an act
Quimpo v. Mendoza which is also a crime under
Where a statute which the RPC provides a penalty
requires that the annual as prescribed in the said
realty tax on lands or Code, such statute is not a
buildings be paid on or special law but an
before the specified date, amendment by implication.
subject to penalty of a
percentage of the whole When amendment takes effect
amount of tax in case of 15 days following its
delayed payment, is publication in the Official
amended by authorizing Gazette or newspaper of
general circulation, unless a retained either literally or
date is specified therein after substantially
such publication.
Estrada v. Caseda
How amendment is construed, Where a statute which
generally provides that it shall be in
Statute and amendment read force for a period of four
as a whole years after its approval, the
Amendment act is ordinarily four years is to be counted
construed as if the original from the date the original
statute has been repealed and statute was approved and
a new independent act in the not from the date the
amended form had been amendatory act was
adopted. amended.
Amended act is regarded as if
the statute has been originally Meaning of law changed by
enacted in it amended form. amendment
Read in a connection with An amended act should be
other sections as if all had given a construction different
been enacted in the same from the law prior to its
statute. amendment, for its is
Where an amendment leaves presumed that the legislature
certain portions of an act would not have amended it
unchanged, such portions are had not it not wanted to
continued in force, with the change its meaning.
same meaning and effect they Prior to the introduction of the
have before the amendment. amendment, the statute had a
Where an amendatory act different meaning which the
provides that an existing amendment changed in all the
statute shall be amended to particulars touching which a
read as recited in the material change in the
amendatory act, such portions language of the later act
of the existing law as are exists.
Deliberate selection of of the value of the land
language in the amendatory involved
act different from that of the Suppression of the
original act indicates that the excepting clause amount to
legislature intended a change the withdrawal of the
in the law or in its meaning. exemption allowed under
the original act.
Victorias Milling Co. v. SSS
A statutory definition of
term containing a general
rule and an exception Amendment Operates
thereto is amended by Prospectively
eliminating the exception, An amendment will not be
the legislative intent is clear construed as having a
that the term should now retroactive effect, unless the
include the exception contrary is provided or the
within the scope of the legislative intent to give it a
general rule. retroactive effect is
necessarily implied from the
Parras v. Land Registration language used and only if no
Commissions vested right is impaired.
Section of a statute
requiring the exact payment
of publication fees in land Imperial v. Collector of Internal
registration proceedings, Revenue
except in cases where the A statute amending a tax
value of the land does not law is silent as to whether it
exceed P50,000 is amended operates retroactively, the
by deleting the excepting amendment will not be
clause, it means that the giving retroactive effect so
statute as amended now as to subject to tax past
requires payment of the transactions not subject to
publication fees regardless tax under the original act.
Diu v. Court of Appeals Absence of a clear
Statutes relating to legislative intent to the
procedure in courts are contrary, a subsequent
applicable to actions statute amending a prior act
pending and undetermined with the effect of divesting
at the time of their passage. the court of jurisdiction
may not be construed to
Effect of Amendment on Vested operate but to oust
Rights jurisdiction that has already
After a statute is amended, the attached under the prior
original act continues to be in law.
force with regard to all rights
that had accrued prior to the Iburaan v. Labes
amendment or to obligations Where a court originally
that were contracted under the obtains and exercises
prior act and such rights and jurisdiction pursuant to an
obligations will continue to be existing law, such
governed by the law before its jurisdiction will not be
amendment. overturned and impaired by
Not applied retroactively so as the subsequent amendment
to nullify such rights. of the law, unless express
prohibitory words or words
Effect of amendment on of similar import are used.
jurisdiction
Jurisdiction of a court to try Applies to quasi-judicial
cases is determined by the law bodies
in force at the time the action
is instituted. Erectors, Inc v. NLRC
Jurisdiction remains with the PD 1691 and 1391 vested
court until the case is finally Labor Arbiters with original
decided therein. and exclusive jurisdiction
over all cases involving
Rillaroza v. Arciaga employer-employee
relations, including money
claims arising out of any the commencement of the
law or contract involving action; laws should only be
Filipino workers for applied prospectively
overseas employment unless the legislative intent
Facts: An overseas worker to give them retroactive
filed a money claim against effect is expressly declared
his recruiter, and while the or is necessarily implied
case is pending, EO 797 from the language used.
was enacted, which vested
POEA with original and Effect of nullity of prior or
exclusive jurisdiction over amendatory act
all cases, including money Where a statute which has
claims, arising out of law or been amended is invalid,
contract involving Filipino nothing in effect has been
workers for overseas amended
employment. The amendatory act, complete
Issue: whether the decision by itself, will be considered as
of the labor arbiter in favor an original or independent act.
of the overseas worker was
invalid Government v. Agoncillo
Held: the court sustained Where the amendatory act
the validity of the decision is declared unconstitutional,
and ruled that the labor it is as if the amendment
arbiter still had the did not exist, and the
authority to decide the original statute before the
cease because EO 797b did attempted amend remains
not divest the labor arbiter unaffected and in force.
his authority to hear and
decide the case filed by the REVISION AND
overseas worker prior to its CODIFICATION
effectivity.
Jurisdiction over the subject Generally
matter is determined by the Purpose: to restate the existing
law in force at the time of laws into one statute and
simply complicated all laws and provisions of the
provisions, and make the laws old laws that are omitted in
on the subject easily found. the revised statute or code are
Construction to harmonize deemed repealed, unless the
different provisions statute or code provides
Presumption: author has otherwise
maintained a consisted Reason: revision or
philosophy or position. codification is, by its very
The different provisions of a nature and purpose, intended
revised statute or code should to be a complete enactment on
be read and construed the subject and an expression
together. of the whole law thereon,
Rule: a code enacted as a which thereby indicates intent
single, comprehensive statute, on the part of the legislature to
and is to be considered as abrogate those provisions of
such and not as a series of the old laws that are not
disconnected articles or reproduced in the revised
provisions. statute or code.
Possible only if the revised
Lichauco & Co. v. Apostol statute or code was intended
A irreconcilable conflict to cover the whole subject to
between parts of a revised is a complete and perfect
statute or a code, that which system in itself.
is best in accord with the Rule: a subsequent statute is
general plan or, in the deemed to repeal a prior law if
absence of circumstances the former revises the whole
upon which to base a subject matter of the former
choice, that which is later in statute.
physical position, being the When both intent and scope
latest expression of clearly evince the idea of a
legislative will, will prevail. repeal, then all parts and
provision of the prior act that
What is omitted is deemed are omitted from the revised
repealed act are deemed repealed.
New code did not expressly
Mecano v. Commission on Audit repeal the old as the new
Claim for reimbursement Code fails to identify or
by a government official of designate the act to be
medical and hospitalization repealed.
expenses pursuant to Two categories of repeal by
Section 699 of the Revised implication
Administration Code of Provisions in the two acts
1917, which authorizes the on the same subject matter
head of office to case a that are in irreconcilable
reimbursement of payment conflict.
of medical and hospital Later act to the
expenses of a government extent of the conflict
official in case of sickness constitutes an implied
or injury caused by or repeal of the earlier
connected directly with the If the later act covers the
performance of his official whole subject of the earlier
duty. one and is clearly intended
CoA denied the claim on as a statute, it will operate
the ground that AC of 1987 to repeal the earlier law.
which revised the old AC, There is no irreconcilable
repealed Sec. 699 because conflict between the two
it was omitted the revised codes on the matter of
code. sickness benefits because the
SC ruled that the legislature provision has not been
did not intend, in enacting restated in the New Code.
the new Code, to repeal The whereas clause is the
Sec. 699 of the old code. intent to cover only those
All laws, decrees, orders, aspects of government that
rules and regulation, or pertain to administration,
portions thereof, organization and procedure,
inconsistent with this Code and understandably because
are hereby repealed or of the many changes that
modified accordingly. transpired in the government
structure since the enactment The codifiers did not intend to
of the old code. change the law as it formerly
existed.
Change in phraseology The rearrangement of sections
It is a well settled rule that in or parts of a statute, or the
the revision or codification of placing of portions of what
statutes, neither an alteration formerly was a single section
in phraseology nor the in seprate sections, does not
admission or addition of operate to change the
words in the later statute shall operation, effect of meaning
be held necessarily to alter the of the statute, unless the
construction of the former changes are of such nature as
acts. to manifest clearly and
Words which do not unmistakably a legislative
materially affect the sense will intent to change the former
be omitted from the statute as laws.
incorporated in the revise
statute or code, or that some REPEAL
general idea will be expressed
in brief phrases. Power to repeal
If there has been a material Power to repeal a law is as
change or omission, which complete as the power to
clearly indicates an intent to enact one.
depart from the previous The legislature cannot in and
construction of the old laws, of itself enact irrepealable
then such construction as will laws or limit its future
effectuate such intent will be legislative acts.
adopted.
Repeal, generally
Continuation of existing laws. Repeal: total or partial,
A codification should be express or implied
construed as the continuation Total repeal revoked
of the existing statutes. completely
Partial repeal leaves the Where a statute of later date
unaffected portions of the clearly reveals an intention on
statute in force. the part of the legislature to
A particular or specific law, abrogate a prior act on the
identified by its number of subject, that intention must be
title, is repealed is an express given effect.
repeal. There must be a sufficient
All other repeals are implied revelation of the legislative
repeals. intent to repeal.
Failure to add a specific Intention to repeal must be
repealing clause indicates that clear and manifest
the intent was not to repeal General rule: the latter act is
any existing law, unless an to be construed as a
irreconcilable inconsistency continuation not a substitute
and repugnancy exist in the for the first act so far as the
terms of the new and old laws, two acts are the same, from
latter situation falls under the the time of the first enactment.
category of an implied repeal. Two categories of repeals by
Repealed only by the implication
enactment of subsequent laws. Where provisions in the
The change in the condition two acts on the same
and circumstances after the subject matter are in an
passage of a law which is irreconcilable conflict and
necessitated the enactment of the later act to the extent of
a statute to overcome the the conflict constitutes an
difficulties brought about by implied repeal of the earlier.
such change does not operate If the later act covers the
to repeal the prior law, nor whole subject of the earlier
make the later statute so one and is clearly intended
inconsistent with the prior act as a substitute, it will
as to repeal it. operate similarly as a repeal
of the earlier act.
Repeal by implication
Irreconcilable inconsistency
Implied repeal brought about constitute the later an implied
by irreconcilable repugnancy repeal of the former.
between two laws takes place Agujetas v. Court of Appeals
when the two statutes cover Fact that Sec 28 of RA
the same subject matter; they 7166 pertaining to
are so clearly inconsistent and canvassing by boards of
incompatible with each other canvassers is silent as to
that they cannot be reconciled how the board of
or harmonized and both canvassers shall prepare the
cannot be given effect, once certificate of canvass and as
cannot be enforced without to what will be its basis,
nullifying the other. w/c details are provided in
Implied repeal earlier and the second paragraph of
later statutes should embrace Sec231 of the Omnibus
the same subject and have the Election Code, an earlier
same object. statute, respective boards
In order to effect a repeal by of canvassers shall prepare
implication, the later statute a certificate of canvass duly
must be so irreconcilably signed and affixed with the
inconsistent and repugnant imprint of the thumb of the
with the existing law that they right hand of each member,
cannot be made to reconcile supported by a statement of
and stand together. the votes and received by
It is necessary before such each candidate in each
repeal is deemed to exist that polling place and on the
is be shown that the statutes or basis thereof shall proclaim
statutory provisions deal with as elected the candidates
the same subject matter and who obtained the highest
that the latter be inconsistent number of votes coast in
with the former. the provinces, city,
the fact that the terms of an municipality or barangay,
earlier and later provisions of and failure to comply with
law differ is not sufficient to this requirement shall
create repugnance as to
constitute an election subject. Either reconciled or
offense later repeals prior law.
Did not impliedly repeal the Leges posteriores priores
second paragraph of Sec contrarias abrogant (a later
231 of OEC and render the law repeals the prior law on
failure to comply with the the subject which is repugnant
requirement no longer an thereto)
election offense.
Mecano v. Commission on Audit
Irreconcilable inconsistency Issue: whether Sec. 699 of
between to laws embracing the Revised Administrative
the same subject may also Code has been repealed by
exist when the later law the 1987 Administrative
nullifies the reason or purpose Code.
of the earlier act, so that the 1987 Administration Code
latter law loses all meaning provides that: All laws,
and function. decrees, orders, rules and
regulations, or portions
Smith, Bell & Co. v. Estate of thereof, inconsistent with
Maronilla this code are hereby
A prior law is impliedly repealed or modified
repealed by a later act accordingly
where the reason for the Court ruled that the new
earlier act is beyond Code did not repeal Sec
peradventure removed. 699:
Implied repeal by
Repeal by implication based irreconcilable
on the cardinal rule that in the inconsistency takes place
science of jurisprudence, two when two statutes cover
inconsistent laws on the same the same subject matter,
subject cannot co-exist in one they are so clearly
jurisdiction. inconsistent and
There cannot be two incompatible with each
conflicting law on the same other that they cannot be
reconciled or The contention is
harmonized, and both untenable.
cannot be given effect, The fact that a later
that one law cannot be enactment may relate to
enforced without the same subject matter
nullifying the other. as that of an earlier
The new Code does statute is not of itself
not cover not attempt to sufficient to cause an
the cover the entire implied repeal of the
subject matter of the old prior act new statute may
Code. merely be cumulative or
There are several a continuation of the old
matters treated in the old one.
Code that are not found Second Category:
in the new Code. possible only if the
(provisions on notary revised statute or code
public; leave law, public was intended to cover the
bonding law, military whole subject to be a
reservations, claims for complete and perfect
sickness benefits under system in itself.
section 699 and others) Rule: a subsequent is
CoA failed to deemed to repeal a
demonstrate that the prior law if the former
provisions of the two revises the whole
Codes on the matter of subject matter of the
the subject claim are in former statute.
an irreconcilable conflict. When both intent
There can no and scope clearly evince
conflict because the the idea of a repeal, then
provision on sickness all parts and provisions
benefits of the nature of the prior act that are
being claimed by omitted from the revised
petitioner has not been act are deemed repealed.
restated in old Code.
Before there can be Issue: whether PD 921 on
an implied repeal under real estate taxes has been
this category, it must be repealed impliedly by RA
the clear intent of the 7160, otherwise know as
legislature that later act the Local Government
be the substitute of the Code of 1991 on the same
prior act. subject.
Opinion 73 s.1991 Held: that there has been no
of the Secretary of implied repeal
Justice: what appears Court: it is clear that the
clear is the intent to two law are not coextensive
cover only those aspects and mutually inclusive in
of government that their scope and purpose.
pertain to administration, RA 7160 covers
organization and almost all governmental
procedure, functions delegated to
understandably because local government units
of the many changes that all over the country.
transpired in the PD 921 embraces
government structure only Metropolitan
since the enactment of Manila Area and is
RAC. limited to the
Repeals of statutes administration of
by implication are not financial services therein.
favored. Presumption is Sec.9 PD921
against the inconsistency requires that the schedule
and repugnancy for the of values of real
legislature is presumed to properties in the
know the existing laws Metropolitan Manila
on the subject and not to Area shall be prepared
have enacted inconsistent jointly by the city
or conflicting statutes. assessors states that the
schedules shall be
Ty v. Trampe prepared by the
provincial, city and The two statutes on
municipal assessors of the specific matter in
the municipalities within question are not so
Metropolitan Manila inconsistent, let alone
Area for the different irreconcilable, as to
classes of real property compel us to uphold one
situated in their and strike down the
respective local other.
government units for Two laws must be
enactment by ordinance incompatible, and a clear
of the sanggunian finding thereof must
concerned. surface, before the
inference of implied
Hagad v. Gozo-Dadole repeal may be drawn.
Sec.19 RA 6670, the Interpretare et
Ombudsman Act grants concordare leges
disciplinary authority to the legibus, est optimus
Ombudsman to discipline interpretandi modus, i. e
elective and appointive (every statute must be so
officials, except those construed and
impeachable officers, has harmonized with other
been repealed, RA 7160, statutes as to form
the Local Government uniform system of
Code, insofar as local jurisprudence.
elective officials in the the legislature
various officials therein should be presumed to
named. have known the existing
Held: both laws should be laws on the subject and
given effect because there not to have enacted
is nothing in the Local conflicting statutes.
Government Code to
indicate that it has repealed, Initia, Jr v. CoA
whether expressly or implied repeal will not be
impliedly. decreed unless there is an
irreconcilable inconsistency may be prescribed by the
between two provisions or President.
laws is RA 7354 in relation Issue: whether Sec6 of
to PD 1597. PD1597, the two laws
RA 7354 in part of being reconcilable.
the Postmaster General, While the Philippine Postal
subject to the approval of Corporation is allowed to
the Board of Directors of fix its own personnel
the Philippines Postal compensation structure
Corporation, shall have through its board of
the power to determine directors, the latter is
the staffing pattern and required to follow certain
the number of personnel, standards in formulating
define their duties and said compensation system,
responsibilities, and fix and the role of DBM is
their salaries and merely to ensure that the
emoluments in action taken by the board of
accordance with the directors complies the
approved compensation requirements of the law.
structure of the
Corporation. Cebu Institute of Technology v.
Sec.6 PD 1597 Ople
exemptions Sec. 3(a) PD 451 and Sec.
notwithstanding, 42 of BP 232 illustrates
agencies shall report to repeal by implication.
the President, through the Sec 3(a) provides:
Budget Commission, on no increase in tuition or
their position other school fees or
classification and charges shall be
compensation plans, approved unless 60% of
policies, rates and other the proceed is allocated
related details following to increase in salaries or
such specifications as wages of the member of
the faculty.
BP 232: each in itself in order that the prior
private school shall statutes or part thereof which
determine its rate of are not repeated in the new
tuition and other school statute will be deemed
fees or charges. The rates impliedly repealed.
or charges adopted by
schools pursuant to this People v. Benuya
provision shall be Where a statute is revised
collectible, and their or a series of legislative
application or use acts on the same subject are
authorized, subject to revised or consolidated into
rules and regulations one, covering the entire
promulgated by the field of subject matter, all
Ministry of Education, parts and provisions of the
Culture and Sports. former act or acts
Issue: whether Sec. 42 of that are omitted
BP 232 impliedly repealed from the revised act are
Sec. 3(a) of PD 451 deemed repealed.
Held: there was implied
repeal because there are Joaquin v. Navarro
irreconcilable differences Where a new statute is
between the two laws. intended to furnish the
exclusive rule on a certain
Implied repeal by revision or subject, it repeals by
codification implication the old law on
Revised statute is in effect a the same subject,
legislative declaration that Where a new statute covers
whatever is embraced in the the whole subject matter of
new statute shall prevail and an old law and adds new
whatever is excluded there provisions and makes
from shall be discarded. changes, and where such
Must be intended to cover the law, whether it be in the
whole subject to be a form of an amendment or
complete and perfect system otherwise, is evidently
intended to be a revision of contain, operates as a repeal
the old act, it repeals the of anything omitted which
old act by implication. was contained in the old act
and not included in the act
People v. Almuete as revised.
Revision of the Agricultural A substitute statute, and
Tenancy Act by the evidently intended as the
Agricultural Land Reform substitute for it, operates to
Code. repeal the former statute.
Sec 39 of ATC (RA 1199)
it shall be unlawful for
either the tenant or landlord Tung Chin Hui v. Rodriguez
without mutual consent, to Issue: whether Sec.18 Rule
reap or thresh a portion of 41 of the pre-1007 Rules of
the crop at any time Court, which provided the
previous to the date set, for appeal in habeas corpus
its threshing. cases to be taken within 48
An action for violation of hours from notice of
this penal provision is judgment, has been
pending in court, the replaced by the 1997 Rules
Agricultural Land Reform of Civil Procedure, which
Code superseded the provides in Sec. 3 Rule 41
Agricultural Tenancy Act, thereof, that appeal from
abolished share tenancy, judgment or final order
was not reproduced in the shall be taken within 15
Agricultural Land Reform days from receipt thereof,
Code. in view of the fact that the
The effect of such non- Sec. 18 was repealed, in
reenactment is a repeal of accordance with the well-
Section 39. settled rule of statutory
It is a rule of legal construction that provisions
hermeneutics that an act of an old law that were not
which purports to set out in reproduced in the revision
full all that it intends to thereof covering the same
subject are deemed repealed in the amendment are
and discarded considered repealed.
Held: SC in this case to
abrogate those provisions Other forms of implied repeal
of the old laws that are not The most powerful
reproduced in the revised implication of repeal is that
statute or Code. which arises when the later of
two laws is expressed in the
Repeal by reenactment form of a universal negative.
Where a statute is a There is a clear distinction
reenactment of the whole between affirmative and
subject in substitution of the negative statutes in regard to
previous laws on the matter, their repealing effects upon
the latter disappears entirely prior legislation.
and what is omitted in the Affirmative statute does not
reenacted law is deemed impliedly repeal the prior
repealed. law unless an intention to
effect a repeal is manifest,
Parras v. Land Registration A negative statute repeals
Commission all conflicting provisions
Where a law amends a unless the contrary
specific section of a prior intention is disclosed.
act by providing that the Legislative intent to repeal is
same is amended so as to also shown where it enacts
read as follows, which then something in general term and
quotes the amended afterwards it passes another
provision, what is not on the same subject, which
included in the reenactment though expressed in
is deemed repealed. affirmative language
The new statute is a introduces special conditions
substitute for the original or restrictions
section and all matters in The subsequent statute will
the section that are omitted usually be considered as
repealing by implication the
former regarding the matter A clause, which predicates
covered by the subsequent the intended repeal upon
act. the condition that a
The express repeal of a substantial conflict must be
provision of law from which found on existing and prior
an executive official derives acts of the same subject
his authority to enforce matter.
another provision of the same The presumption against
law operates to repeal by implied repeal and the rule
implication the latter and to on strict construction
deprive the official of the regarding implied repeal
authority to enforce it. apply ex proprio vigore.
The enactment of a statute on Legislature is presumed to
a subject, whose purpose or know the existing law so
object is diametrically that if repeal of particular or
opposed to that of an earlier specific law or laws is
law on the same subject which intended, the proper step is
thereby deprives it of its to so express it.
reason for being, operates to
repeal by implication the prior Valdez v. Tuason
law, even though the such a clause repeals
provisions of both laws are nothing that would not be
not inconsistent. equally repealed without it.
Either with or without it,
All laws or parts thereof which the real question to be
are inconsistent with this Act are determined is whether the
hereby repealed or modified new statute is in
accordingly, construed. fundamental and
Nature of repealing clause irreconcilable conflict with
Not express repealing the prior statute on the
clauses because it fails to subject.
identify or designate the act Significance of the repealing
or acts that are intended to clause: the presence of such
be repealed. general repealing clause in a
later statute clearly indicates should, if possible, be
the legislative intent to repeal rejected.
all prior inconsistent laws on In case of doubt as to whether
the subject matter whether or a later statute has impliedly
not the prior law is a special repealed a prior law on the
law. same subject, the doubt
A later general law will should be resolved against
ordinarily not repeal a prior implied repeal.
special law on the same
subject, as the latter is US v. Palacio
generally regarded as an Repeals by implication are
exception to the former. not favored, and will not be
With such clause contained decreed unless it is manifest
in the subsequent general that the legislature so
law, the prior special law intended.
will be deemed repealed, as As laws are presumed to be
the clause is a clear passed with deliberation
legislative intent to bring and with full knowledge of
about that result. all existing ones on the
subject
Repeal by implication not It is but reasonable to
favored conclude that in passing a
Presumption is against statute it was not intended
inconsistency or repugnancy to interfere with or abrogate
and, accordingly, against any former law relating to
implied repeal some matter
Legislature is presumed to Unless the repugnancy
know the existing laws on the between the two is not only
subject and not to have irreconcilable, but also
enacted inconsistent or clear and convincing, and
conflicting statutes. flowing necessarily form
A construction which in effect the language used, the later
will repeal a statute altogether act fully embraces the
subject matter of the earlier,
or unless the reason for the judgments relating to such
earlier act is beyond load or forbearance of
peradventure removed. money, goods, or credits,
Every effort must be used the Central Bank Circular
to make all acts stand and applies.
if, by any reasonable In cases requiring the
construction, they can be payment of indemnities as
reconciled, the later act will damages, in connection
not operate as a repeal of with any delay in the
the earlier. performance of an
obligation other than those
NAPOCOR v. Angas involving loan or
Illustrates the application of forbearance of money,
the principle that repeal or goods or credits, Art 2209
amendment by implication of the CC applies
is not favored. Courts are slow to hold that
Issue: whether Central one statute has repealed
Bank Circular 416 has another by implication and
impliedly repealed or they will not make such
amended Art 2209 of the adjudication if they can
Civil Code refrain from doing so, or if
Held: in answering the they can arrive at another
issue in the negative, the result by any construction
court ruled that repeals or which is just and reasonable.
even amendments by Courts will not enlarge the
implication are not favored meaning of one act in order to
if two laws can be fairly decide that is repeals another
reconciled. The statutes by implication, nor will they
contemplate different adopt an interpretation leading
situations and apply to to an adjudication of repeal by
different transactions implication unless it is
involving loan or inevitable and a clear and
forbearance of money, explicit reason thereof can be
goods or credits, as well as adduced.
application to a particular
As between two laws, one case, the statute of later date
passed later prevails must prevail, being a later
Leges posteriors priores expression of legislative will.
contrarias abrogant (later
statute repeals prior ones Philippine National Bank v. Cruz
which are not repugnant As between the order of
thereto.) preference of credit set
Applies even if the later act forth in Articles 2241 to
is made to take effect ahead 2245 of the CC and that of
of the earlier law. Article 110 of the Labor
As between two acts, the one Code, giving first
passed later and going into preference to unpaid wages
effect earlier will prevail over and other monetary claims
one passed earlier and going of labor, the former must
into effect later. yield to the latter, being the
law of the later enactment.
The later law repeals an
Manila Trading & Supply Co. v. earlier one because it is the
Phil. Labor Union later legislative will.
an act passed April 16th and Presumption: the
in force April 21st was held lawmakers knew the older
to prevail over an act law and intended to change
passed April 9th and in it.
effect July 4th of the same In enacting the older law,
year. the legislators could not
And an act going into effect have known the newer one
immediately has been held and could not have intended
to prevail over an act to change what they did not
passed before but going know.
into effect later. CC: laws are repealed only
Whenever two statutes of by subsequent ones, not the
different dates and of contrary other way around.
tenor are of equal theoretical
David v. COMELEC even though the terms of the
Sec. 1 of RA 6679 provides general act are broad enough
that the term of barangay to include the matter covered
officials who were to be by the special statute.
elected on the second Generalia specialibus non
Monday of May 1994 is 5 derogant a general law does
years not nullify a specific or
The later act RA 7160 Sec special law
43 (c) states that the term of The legislature considers and
office of barangay officials makes provision for all the
who were to be elected also circumstances of the
on the 2nd Monday of May particular case.
1994 is 3 years. Reason why a special law
There being a clear prevails over a general law:
inconsistency between the the legislature considers and
two laws, the later law makes provision for all the
fixing the term barangay circumstances of the
officials at 3 years shall particular case.
prevail. General and special laws are
read and construed together,
General law does not repeal and that repugnancy between
special law, generally them is reconciled by
A general law on a subject constituting the special law as
does not operate to repeal a an exception to the general
prior special law on the same law.
subject, unless it clearly General law yields to the
appears that the legislature has special law in the specific law
intended by the later general in the specific and particular
act to modify or repeal the subject embraced in the latter.
earlier special law. Applies irrespective of the
Presumption against implied date of passage of the special
repeal is stronger when of two law.
laws, one is special and the
other general and this applies Application of rule
charges of public utilities
Sto. Domingo v. De los Angeles owned or operated by the
The court invariably ruled government or government-
that the special law is not owned corporations.
impliedly repealed and Held: a special law, like
constitutes an exception to Com. Act 120, providing
the general law whenever for a particular case or class
the legislature failed to of cases, is not repealed by
indicate in unmistakable a subsequent statute,
terms its intent to repeal or general in its terms, like RA
modify the prior special act. 2677, although the general
statute are broad enough to
include the cases embraced
in the special law, in the
NAPOCOR v. Arca absence of a clear intent to
Issue: whether Sec. 2 of repeal.
Com. Act 120 creating the There appears no such
NAPOCOR, a government- legislative intent to repeal
owned corporation, and or abrogate the provisions
empowering it to sell of the earlier law.
electric power and to fix the The explanatory note to
rates and provide for the House Bill 4030 the later
collection of the charges for became RA 2677, it was
any services rendered: explicit that the jurisdiction
Provided, the rates of conferred upon the
charges shall not be subject Republic Service
to revision by the Public Commission over the
Service Act has been public utilities operated by
repealed by RA 2677 government-owned or
amending the Public controlled corporations is to
Service Act and granting be confined to the fixing of
the Public Service rates of such public services
Commission the The harnessing and then
jurisdiction to fix the rate of distribution and sale of
electric power to the earnings of the grantee
consuming public, the xxx.
contingency intended to be Sec 259 of Internal
met by the legal provision Revenue Code, as amended
under consideration would by RA 39, provides that
not exist. there shall be collected in
The authority of the Public respect to all existing and
Service Commission under future franchises, upon the
RA 2677 over the fixing of gross earnings or receipts
rate of charges of public from the business covered
utilities owned or operated by the law granting a
by GOCCs can only be franchise tax of 5% of such
exercised where the charter taxes, charges, and
of the government percentages as are specified
corporation concerned does in the special charters of the
not contain any provision to corporation upon whom suc
the contrary. franchises are conferred,
whichever is higher, unless
Philippine Railway Co. v. the provisions hereof
Collector of Internal Revenue preclude the imposition of a
PRC was granted a higher tax xxx.
legislative franchise to Issue: whether Section 259
operate a railway line of the Tax Code has
pursuant to Act No. 1497 repealed Section 13 of Act
Sec. 13 which read: In 1497, stand upon a different
consideration of the footing from general laws.
premises and of the Once granted, a charter
operation of this concession becomes a private contract
or franchise, there shall be and cannot be altered nor
paid by the grantee to the amended except by consent
Philippine Government, of all concerned, unless the
annually, xxx an amount right to alter or repeal is
equal to one-half of one per expressly reserved.
centum of the gross
Reason: the legislature, in The LLDA statute
passing a special charter, specifically provides that
has its attention directed to the LLDA shall have
the special facts and exclusive jurisdiction to
circumstances in the issue permits for the use of
particular case in granting a all surface water for any
special charter, for it will projects in or affecting the
not be considered that the said region, including the
legislature, by adopting a operation of fish pens.
general law containing the RA 7160 the LGC of 1991
provisions repugnant to the grants the municipalities
provisions of the charter, the exclusive authority to
and without any mention of grant fishery privileges in
its intention to amend or municipal waters.
modify the charter, intended Held: two laws should be
to amend, repeal or modify harmonized, and that the
the special act. LLA statute, being a special
The purpose of respecting law, must be taken as an
the tax rates incorporated in exception to RA 7160 a
the charters, as shown by general law,
the clause.
Garcia v. Pascual
LLDA v. CA Clerks of courts municipal
Issue: which agency of the courts shall be appointed by
government, LLDA or the the municipal judge at the
towns and municipalities expense of the municipality
compromising the region and where a later law was
should exercise jurisdiction enacted providing that
over the Laguna Lake and employees whose salaries
its environs insofar as the are paid out of the
issuance of permits for municipal funds shall be
fishery privileges is appointed by the municipal
concerned. mayor, the later law cannot
be said to have repealed the
prior law as to vest in the When special or general law
municipal mayor the power repeals the other.
to appoint municipal cleck There is always a partial
of court, as the subsequent repeal where the later act is a
law should be construed to special law.
comprehend only
subordinate officials of the Valera v. Tuason
municipality and not those A subsequent general law
of the judiciary. on a subject has repealed or
amended a prior special act
Gordon v. CA on the same subject by
A city charter giving real implication is a question of
estate owner a period of legislative intent.
one year within which to Intent to repeal may be
redeem a property sold by shown in the act itself the
the city for nonpayment of explanatory note to the bill
realty tax from the date of before its passage into law,
such auction sale, being a the discussions on the floor
special law, prevails over a of the legislature,
general law granting
landowners a period of two Intent to repeal the earlier
years to make the special law where the later
redemption. general act provides that all
laws or parts thereof which
Sto. Domingo v. Delos Angeles are inconsistent therewith are
The Civil Service law on repealed or modified
the procedure for the accordingly
suspension or removal of If the intention to repeal the
civil service employees special law is clear, then the
does not apply with respect rule that the special law will
to the suspension or be considered as an exception
removal of members of the to the general law does not
local police force. apply; what applies is the rule
that the special law is deemed franchise holders and this
impliedly repealed. intent is made more
A general law cannot be manifest by Sec. 193 of the
construed to have repealed a Code, when it provides that
special law by mere unless otherwise provided
implication admits of in this code tax exemptions
exception. or incentives granted to or
presently enjoyed by all
City Government of San Pablo v. persons, except local water
Reyes districts, cooperatives, and
Sec. 1 PD 551 provides that non-stock and non-profit
any provision of law or hospitals and educational
local ordinance to the institutions, are withdrawn
contrary, the franchise tax upon the effectivity of the
payable by all grantees of Code.
franchise to generate,
distribute, and sell electric Gaerlan v. Catubig
current for light, heat, and Issue: whether Sec. 12 of
power shall be 25 of their RA 170 as amended, the
gross receipts. City Charter of Dagupan
Sec. 137 of the LGC states: City, which fixed the
Notwithstanding any minimum age qualification
exemption granted by any for members of the city
law or other special law, the council at 23 years has been
province may impose a tax repealed by Sec.6 of RA
on business enjoying a 2259
franchise at a rate not Held: there was an implied
exceeding 50% of 1% of repeal of Sec. 12 of the
the gross annul receipts. charter of Dagupan City
Held: the phrase is all- because the legislative
encompassing and clear intent to repeal the charter
that the legislature intended provision is clear from the
to withdraw all tax fact that Dagupan City,
exemptions enjoyed by unlike some cities, is not
one of those cities expressly general laws and public
excluded by the law from policy of the state.
its operation and from the Statute remains supreme in
circumstance that it all matters not purely local.
provides that all acts or A charter must yield to the
parts thereof which are constitution and general
inconsistent therewith are laws of the state.
repealed.
The last statute is so broad
in its terms and so clear and Philippine International Trading
explicit in its words so as to Corp v. CoA
show that it was intended to CoA contended that the
cover the whole subject and PITC charter had been
therefore to displace the impliedly repealed by the
prior statute. Sec. 16 RA 6758
Held: that there was
Bagatsing v. Ramirez implied repeal, the
A charter of a city, which is legislative intent to do so
a special law, may be being manifest.
impliedly modified or PITC should now be
superseded by a later considered as covered by
statute, and where a statute laws prescribing a
is controlling, it must be compensation and position
read into the charter, classification system in the
notwithstanding any of its government including RA
particular provisions. 6758.
A subsequent general law
similarly applicable to all Effects of repeal, generally
cities prevails over any Appeal of a statute renders it
conflicting charter inoperative as of the date the
provision, for the reason repealing act takes effect.
that a charter must not be Repeal is by no means
inconsistent with the
equivalent to a declaration
that the repealed statute is
invalid from the date of its Neither the repeal nor the
enactment. explanation of the law
The repeal of a law does not deprives the court or
undo the consequences of the administrative tribunal of the
operation of the statute while authority to act on the pending
in force, unless such result is action and to finally decide it.
directed by express language General rule: where a court or
or by necessary implication, tribunal has already acquired
except as it may affect rights and is exercising jurisdiction
which become vested when over a controversy, its
the repealed act was in force. jurisdiction to proceed to final
determination of the cause is
Ramos v. Municipality of Daet not affected by the new
BP 337 known as the LGC legislation repealing the
was repealed by RA 7160 statute which originally
known as LGC of 1991, conferred jurisidiction.
which took effect on Rule: once the court acquires
January 1, 1992. jurisdiction over a
Sec. 5 (d) of the new code controversy, it shall continue
provides that rights and to exercise such jurisdiction
obligations existing on the until the final determination of
date of the effectivity of the the case and it is not affected
new code and arising out of by subsequent legislation
contracts or any other vesting jurisdiction over such
source of prestation proceedings in another
involving a local tribunal admits of exceptions.
government unit shall be Repeal or expiration of a
governed by the original statute under which a court or
terms and conditions of said tribunal originally acquired
contracts or the law in force jurisdiction to try and decide a
at the time such rights were case, does not make its
vested. decision subsequently
rendered thereon null and void
On jurisdiction, generally
for want of authority, unless Once a jurisdiction to try a
otherwise provided. criminal case is acquired, that
In the absence of a legislative jurisdiction remains with the
intent to the contrary, the court until the case is finally
expiration or repeal of a determined.
statute does not render legal A subsequent statute
what, under the old law, is an amending or repealing a prior
illegal transaction, so as to act under which the court
deprive the court or tribunal acquired jurisdiction over the
the court or tribunal of the case with the effect of
authority to act on a case removing the courts
involving such illegal jurisdiction may not operate to
transaction. oust jurisdiction that has
Where a law declares certain already attached.
importations to be illegal,
subject to forfeiture by the On actions, pending or otherwise
Commissioner of Customs Rule: repeal of a statute
pursuant to what the latter defeats all actions and
initiated forfeiture proceedings, including those,
proceedings, the expiration of which are still pending, which
the law during the pendency arose out of or are based on
of the proceedings does not said statute.
divest the Commissioner of The court must conform its
Customs of the jurisdiction to decision to the law then
continue to resolve the case, existing and may, therefore,
nor does it have the effect of reverse a judgment which was
making the illegal importation correct when pronounced in
legal or of setting aside the the subordinate tribunal, if it
decision of the commissioner appears that pending appeal a
on the matter. statute which was necessary to
support the judgment of the
On jurisdiction to try criminal lower court has been
case withdrawn by an absolute
repeal.
disallowing such payment
On vested rights will not deprive holders
repeal of a statute does not thereof whose rights
destroy or impair rights that become vested under the
accrued and became vested old law of the right to use
under the statute before its the certificates to pay their
repeal. obligations to such
The statute should not be financial institutions.
construed so as to affect the
rights which have vested Un Pak Leung v. Nigorra
under the old law then in A statute gives an appellant
force, or as requiring the the right to appeal from an
abatement of actions instituted adverse decision, the repeal
for the enforcement of such of such statute after an
rights. appellant has already
Rights accrued and vested perfected his appeal will
while a statute is in force not destroy his right to
ordinarily survive its repeal. prosecute the appeal not
The constitution forbids the deprive the appellate court
state from impairing, by of the authority to decide
enactment or repeal of a law, the appealed case.
vested rights or the
obligations of contract, except Republic v. Migrino
in the legitimate exercise of Issue: whether prosecution
police power. for unexplained wealth
under RA 1379 has already
Buyco v. PNB prescribed.
Where a statute gives Held: in his pleadings,
holders of backpay private respondent contends
certificates the right to use that he may no longer be
said certificates to pay their prosecuted because of the
obligations to government prescription.
financial institutions, the It must be pointed out that
repeal of the law Sec. 2 RA 1379 should be
deemed amended or continues the law in force
repealed by Art. XI, Sec. 15 without interruption.
of the 1987 Constitution. The repeal of a penal law,
under which a person is
On contracts charged with violation thereof
Where a contract is entered and its simultaneous
into by the parties on the basis reenactment penalizing the
of the law then obtaining, the same act done by him under
repeal or amendment of said the old law, will not preclude
law will not affect the terms the accuseds prosecution, nor
of the contract nor impair the deprive the court of the
right of the parties thereunder. jurisdiction to try and convict
him.
Effect of repeal of tax laws
Rule favoring a prospective People v. Almuete
construction of statutes is Where the reenactment of
applicable to statutes which the repealed law is not
repeal tax laws. simultaneous such that the
Such statute is not made continuity of the obligation
retroactive, a tax assessed and the sanction for its
before the repeal is collectible violation form the repealed
afterwards according to the law to the reenacted law is
law in force when the broken, the repeal carries
assessment or levy was made. with it the deprivation of
the court of its authority to
Effect of repeal and reenactment try, convict, and sentence
the person charged with
Simultaneous repeal and
violation of the old law to
reenactment of a statute does its repeal.
not affect the rights and
liabilities which have accrued
Effect of repeal of penal laws
under the original statute,
Where the repeal is absolute,
since the reenactment
neutralizes the repeal and so that the crime no longer
exists, prosecution of the
person charged under the old if he never committed an
law cannot be had and the offence
action should be dismissed. Exception:
Where the repeal of a penal where the repealing act
law is total and absolute and reenacts the statute and
the act which was penalized penalizes the same act
by a prior law ceases to be previously penalized under
criminal under the new law, the repealed law, the act
the previous offense is committed before
obliterated. reenactment continues to be
That a total repeal deprives a crime, and pending cases
the courts of jurisdiction to are not thereby affected.
try, convict, and sentence, Where the repealing act
persons, charged with contains a saving clause
violations of the old law prior providing that pending
to the repeal. actions shall not be
Repeal of a statute which affected, the latter will
provides an indispensable continue to be prosecuted in
element in the commission of accordance with the old
a crime as defined in the RPC law.
likewise operates to deprive
the court of the authority to Distinction as to effect of repeal
decide the case, rule rests on and expiration of law
the same principle as that In absolute repeal, the crime is
concerning the effect of a obliterated and the stigma of
repeal of a penal law without conviction of an accused for
qualification. violation of the penal law
Reason: the repeal of a penal before its repeal is erased.
law without disqualification is
a legislative act of rendering Effect of repeal of municipal
legal what is previously charter
decreed as illegal, so that the The repeal of a charter
person who committed it is as destroys all offices under it,
and puts an end to the defines and delimits the
functions of the incumbents. powers thereof and those of
The conversation of a its officers, reserving to the
municipality into a city by the people themselves plenary
passage of a charter or a sovereignty
statute to that effect has the written charter enacted and
effect of abolishing all adopted by the people by
municipal offices then which a government for them
existing under the old is established
municipality offices then the permanent in nature thus it
existing under the old does not only apply to
municipality, save those existing conditions but also to
excepted in the charter itself. future needs
basically it is the fundamental
Repeal or nullity of repealing laws for the governance and
law, effect of administration of a nation
When a law which expressly absolute and unalterable
repeals a prior law is itself except by amendments
repealed, the law first repealed all other laws are expected to
shall not thereby revived conform to it
unless expressly so provided
Where a repealing statute is Origin and history of the Philippine
declared unconstitutional, it Constitutions
will have no effect of 1935 Constitution
repealing the former statute,
the former or old statute People v. Linsangan explained as
continues to remain in force. to how this Constitution came
about:
CHAPTER ELEVEN:
Tydings-Mcduffie Law-
Constitutional Construction
allowed the Filipinos to adopt
a constitutions but subject to
Constitution defined
the conditions prescribed in
fundamental law which sets
the Act.
up a form of government and
o Required 3 steps: intent or purpose of the
drafting and framers of the constitution as
approval of the expressed in its language
constitution must be purpose of our Constitution:
authorized to protect and enhance the
it must be certified peoples interests
by the President of
the US Constitution construed as enduring
it must be ratified for ages
by the people of the Constitution is not merely for
Philippines at a a few years but it also needs
plebiscite to endure through a long lapse
1973 Constitution of ages
o adopted in response to WHY? Because it governs the
popular clamor to meat life of the people not only at
the problems of the the time of its framing but far
country into the indefinite future
o March 16, 1967: it must be adaptable to various
Congress passed crisis of human affairs but it
Resolution No.2, which must also be solid permanent
was amended by and substantial
Resolution No. 4, calling Its stability protects the rights,
a convention to propose liberty, and property of the
amendments to the people (rich or poor)
Constitution It must be construed as a
1987 Constitution dynamic process intended to
o after EDSA Revolution stand for a great length of
o also known as the 1987 time to be progressive and not
Charter static
Primary purpose of constitutional What it is NOT:
construction o It should NOT change
primary task of constitutional with emergencies or
construction is to ascertain the conditions
o It should NOT be Do not construe the
inflexible constitution in such a way that
o It should NOT be its meaning would change
interpreted narrowly What if the words used have
Words employed should not both general and restricted
be construed to yield fixed meaning?
and rigid answers because its Rule: general prevails over the
meaning is applied to meet restricted unless the contrary
new or changed conditions as is indicated.
they arise
Courts should construe the Ordillo v. COMELEC
constitution so that it would Issue: whether the sole
be consistent with reason, province of Ifugao can be
justice and the public interest validly constituted in the
Cordillera Autonomous
How language of constitution Region under Section 15,
construed Article 10
primary source in order to Held: No. the keywords
ascertain the constitution is provinces, cities,
the LANGUAGE itself municipalities and
The words that are used are geographical areas connotes
broad because it aims to cover that a region consists of more
all contingencies than one unit. In its ordinary
Words must be understood in sense region means two or
their common or ordinary more provinces, thus Ifugao
meaning except when cannot be constituted the
technical terms are employee Cordillera Autonomous
o WHY? Because the Region
fundamental law if
essentially a document of Marcos v. Chief of Staff
the people Issues:
o the meaning or scope of
the words any court in
Section 17 Article 17 of found in many sections of the
the 1935 Constitution 1973 Constitution refers to the
o Who are included under regular, not to the interim
the terms inferior court in Batasang Pambansa
section 2 Article 7
Held: Section 17 of Article 17 words which have acquired a
prohibits any members of the technical meaning before they
Congress from appearing as are used in the constitution
counsel in any criminal case x must be taken in that sense
x x. This is not limited to civil when such words as thus used
but also to a military court or are construed
court martial since the latter is
also a court of law and justice Aids to construction, generally
as is any civil tribunal. apart from its language courts
Inferior courts are meant to be may refer to the following in
construed in its restricted construing the constitution:
sense and accordingly do not o history
include court martials or o proceedings of the
military courts for they are convention
agencies of executive o prior laws and judicial
character and do not belong to decisions
the judicial branch unlike the o contemporaneous
term inferior court is. constructions
o consequences of
Another RULE: words used in alternative interpret-
one part are to receive the tations
same interpretation when used these aids are called
in other parts unless the extraneous aids because
contrary is applied/specified. though their effect is not in
precise rules their influence
Lozada v COMELEC describes the essentials of the
the term Batasang process (remember preamble?
Pambansa, which means the ganito lang din yun)
regular national assembly,
being the only incumbent
president at the time of the
approval it just means that the
term incumbent president
Realities existing at time of refers to Mr. Marcos
adoption; object to be Justice Antonio concurring
accomplished opinion states: the only
History basically helps in rational way to ascertain the
making one understand as to meaning and intent is to read
how and why certain laws its language in connection
were incorporated into the with the known conditions of
constitution. affairs out of which the
In construing constitutional occasion for its adoption had
law, the history must be taken arisen and then construe it.
into consideration because
there are certain In re Bermudez
considerations rooted in the incumbent president referred
historical background of the to in section 5 of Article 18 of
environment at the time of its the 1987 constitution refers to
adoption (Legaspi v. Minister incumbent President Aquino
of Finance) and VP Doy Laurel

Aquino v. COMELEC Civil Liberties Union v. Executive


Issue: what does the term Secretary
incumbent president in sec. 3 issue: whether EO 284, which
of Article 17 of the 1973 authorizes a cabinet member,
Constitution refer to? undersecretary and assistant
Held: History shows that at secretary to hold not more
that time the term of President than two positions in the
Marcos was to terminate on government and GOCCs and
December 30, 1973, the new to receive corresponding
constitution was approved on compensation therefore,
November 30, 1972 still violates Sec. 13, Art. 7 of the
during his incumbency and as 1987 Constitution
court examined the history of on its face, the language of
the times, the conditions Sec 13 Art. 7 is prohibitory so
under which the constitutional that it must be understood as
provisions was framed and its intended to be a positive and
object unequivocal negation of the
held: before the adoption of privilege of holding multiple
the constitutional provision, government offices or
there was a proliferation of employment
newly-created agencies,
instrumentalities and GOCCs Proceedings of the convention
created by PDs and other RULE: If the language of the
modes of presidential constitutional provision is
issuances where Cabinet plain it is not necessary to
members, their deputies or resort to extrinsic aids
assistants were designated to EXCEPTION: when the intent
head or sit as members of the of the framer doesnt appear
board with the corresponding in the text or it has more than
salaries, emoluments, per one construction.
diems, allowances and other Intent of a constitutional
prerequisites of office convention member doesnt
since the evident purpose of necessarily mean it is also the
the framers of the 1987 peoples intent
Constitution is to impose a The proceedings of the
stricter prohibition on the convention are usually
President, Vice President, inquired into because it sheds
members of the Cabinet, their light into what the framers of
deputies and assistants with the constitution had in mind at
respect to holding multiple that time. (refers to the
government offices or debates, interpretations and
employment in the opinions concerning particular
Government during their provisions)
tenure, the exception to this
prohibition must be read with Luz Farms v. Secretary of DAR
equal severity
Whether the term Whether the COMELEC has
agriculture as used in the the power to transfer, by
Constitution embraces raising resolution, one or more
livestock, poultry and swine municipalities from one
Transcript of the deliberations congressional district to
of the Constitutional another district within a
Commission of 1986 on the province, pursuant to Sec 2 of
meaning of agriculture the Ordinance appended to the
clearly shows that it was 1987 Constitution
never the intention of the The Court relied on the
framers of the Constitution to proceedings of the
include livestock and poultry Constitutional Commission on
industry in the coverage of the minor adjustments which
constitutionally-mandated refers only to the instance
agrarian reform program of where a municipality which
the Government has been forgotten (ano ba
Agricultural lands do not tokinalimutan ang
include commercial industrial, municipality) is included in
and residential lands the enumeration of the
Held: it is evident in the composition of the
foregoing discussion that Sec congressional district and not
2 of RA 6657 which includes to the transfer of one
private agricultural lands municipality from one district
devoted to commercial to another, which has been
livestock, poultry and swine considered a substantive or
raising in the definition of major adjustment
commercial farms is
INVALID, to the extent of the Contemporaneous construction and
aforecited agro-industrial writings
activities are made to be may be used to resolve but not
covered by the agrarian to create ambiguities
reform program of the State In construing statutes,
contemporaneous construction
Montejo v. COMELEC are entitled to great weight
however when it comes to the words) and these changes may
constitution it has no weight be inquired into to ascertain
and will not be allowed to the intent or purpose of the
change in any way its provision as approved
meaning. HOWEVER mere deletion, as
Writings of delegates has negative guides, cannot
persuasive force but it prevail over the positive
depends on two things: provisions nor is it
o if opinions are based on determinative of any
fact known to them and conclusion.
not established it is Certain provisions in our
immaterial constitution (from 1935 to the
o on legal hermeneutics, present) are mere
their conclusions may reenactments of prior
not be a shade better in constitutions thus these
the eyes of the law. changes may indicate an
intent to modify or change the
Previous laws and judicial rulings meaning of the old provisions.
framers of the constitution is
presumed to be aware of Galman v. Pamaran
prevailing judicial doctrines the phrase no person shall be
concerning the subject of x x x compelled in a criminal
constitutional provisions. case be a witness against
THUS when courts adopt himself is changed in such a
principles different from prior way the words criminal cases
decisions it is presumed that had been deleted simply
they did so to overrule said means that it is not limited to
principle criminal cases only.

Changes in phraseology Consequences of alternative


Before a constitution is constructions
ratified it undergoes a lot of consequences that may follow
revisions and changes in from alternative construction
phraseology (ex. deletion of of doubtful constitutional
provisions constitute an Tolentino v. Secretary of Finance
important factor to consider in VAT Law, passage of bill
construing them. involved are article 6 Sec. 24
if a provision has more than and RA 7716 (VAT Law)
one interpretation, that contention of the petitioner:
construction which would RA 7716 did not originate
lead to absurd, impossible or exclusively from the HOR as
mischievous consequences required by the Constitution
must be rejected. because it is the result of the
e.g. directory and mandatory consolidation of two distinct
interpretation: Art. 8 Sec bills.
15(1) requires judges to Court: rejected such
render decision within interpretation. (guys alam
specific periods from date of niyo na naman to, that it
submission for decision of should originate from HOR
cases (construed as directory but it could still be modified
because if otherwise it will by the Senate)
cause greater injury to the
public)

Constitution construed as a whole Mandatory or directory


provision should not be RULE: constitutional
construed separately from the provisions are to be construed
rest it should be interpreted as as mandatory unless a
a whole and be harmonized different intention is
with conflicting provisions so manifested.
as to give them all force and Why? Because in a
effect.
constitution, the sovereign
sections in the constitution itself speaks and is laying
with a particular subject down rules which for the time
should be interpreted together being at least are to control
to effectuate the whole alike the government and the
purpose of the Constitution. governed.
failure of the legislature to the framers through the
enact the necessary required language used
by the constitution does not
make the legislature is illegal. Applicability of rules of statutory
construction
Prospective or retroactive Doctrines used in Sarmiento
RULE: constitution operates v. Mison is a good example in
prospectively only unless the which the SC applied a
words employed are clear that number of rules of statutory
it applies retroactively construction.
Issue: whether or not the
Magtoto v. Manguera appointment of a
Sec 20 of Article IV of the Commissioner of Customs is
1973 Constitution: no person subject to confirmation by the
shall be compelled to be a Commission on appointments
witness against himself. x x x
Any confession obtained in Generally, constitutional provisions
violation of this section shall are self-executing
be inadmissible in evidence RULE: constitutional
Court held that this specific provisions are self executing
portion of the mandate should except when provisions
be given a prospective themselves expressly require
application legislations to implement
them.
Co v. Electric Tribunal SELF EXECUTING
Sec. 1(3) Art. 4 of the 1987 PROVISIONS- provisions
Constitution states that those which are complete by
born before January 17, 1973 themselves and becomes
of Filipino mothers, who elect operative without the aid of
Philippine citizenship upon supplementary legislation.
reaching the age of majority Just because legislation may
are citizens of the Philippines supplement and add or
has a retroactive effect as prescribe a penalty does not
shown to the clear intent of render such provision
ineffective in the absence of
such legislation.
In case of Doubt? Construe
such provision as self
executing rather than non-self
executing.

Manila Prince Hotel v. GSIS


Issue: w/n the sale at public
bidding of the majority
ownership of the Manila Hotel
a qualified entity can match
the winning bid of a foreigner
Held: resolution depends on
whether the issue is self
executing or not. The court
ruled that the qualified
Filipino entity must be given
preference by granting it the
option to match the winning
bid because the provision is
self executing.

- The End -

That in all things, GOD may be


glorified