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WEEK 1 B. LEGAL AUTHORITIES

CONSTITUTION Constitution is the body of rules and maxims in accordance with which powers of sovereignty are habitually exercised (Cooley)

Written instrument enacted by the direct action of the people by which fundamental powers of the government are established limited and defined and by which those powers are distributed among several departments for their safe and useful exercise for the benefit of the body politic. (Justice Malcolm)

SUPREMACY OF THE CONSTITUTION It is the basic and paramount law for other laws to conform and for people even officials to respect

STATUTE

An act of legislature (Philippine Commission, Phil. Legislature, Batasang Pambansa, Congress)

• PD’s of Marcos during the period of martial law 1973 Constitution

• EO of Aquino revolutionary period Freedom Constitution

PUBLIC affects the public at large General applies to the whole state and operates throughout the state alike upon all people or all of a class.

Special relates to particular person or things of a class or to a particular community, individual or thing.

Local Law operation is confined to a specific place or locality (e.g municipal ordinance)

PRIVATE applies only to a specific person or subject. Permanent and temporary statutes

PERMANENT & TEMPORARY STATUTES Permanent - one whose operation is not limited in duration but continues until repealed.

Temporary - duration is for a limited period of time fixed in the statute itself or whose life ceases upon the happening of an event. o E.g. statute answering to an emergency

OTHER CLASSES OF STATUTES Prospective or retroactive accdg. to application

Declaratory, curative, mandatory, directory, substantive, remedial, penal accdg. to operation

According to form o Affirmative o Negative MANNER OF REFERRING TO STATUTES

Public Acts

Phil

1901-

Commission

1935

and

Phil

Legislature

Commonwealth

 

1936-

Acts

1946

Republic Acts

Congress

1946-

1972,

1987

Batas

Batasang

 

Pambansa

Pambansa

Identification of laws serial number and/or title

TREATIES Article 2 of the Vienna Convention on the Law of Treaties defines a treaty as:

-an international agreement -concluded between states -in written form and -governed by international law, -whether embodied in a single instrument or in two or more related instruments and -whatever its particular designation.

International agreements may be in the form of:

(1) treaties that require legislative concurrence after executive ratification; or (2) executive agreements that are similar to treaties, except that they do not require legislative concurrence and are usually less formal and deal with a narrower range of subject matters than treaties.

Under international law, there is no difference between treaties and executive agreements in terms of their binding effects on the contracting states concerned, as long as the negotiating functionaries have remained within their powers.

ADMINISTRATIVE ISSUANCES

Due to the given delegated legislative power by the legislative branch, executive issuances are manifested through Implementing Rules and Regulations. The LGUs are also given delegated legislative power and this is manifested by the issuance of ordinances- laws of local government bodies

>Congress does not have the time and are not equipped to oversee the day-to-day running of the government and implementation of the laws. Hence, legislature delegate the task of administering the laws to administrative agencies.

>When a law is enacted, the legislature includes enabling legislation that establishes and authorizes administrative agencies to carry out the intent of the legislature. This enabling legislation usually includes a grant of authority to create rules and regulations necessary to carry out the law.

>The body of law as a result of these IRR's is called Administrative law. It is composed of rules, regulations, orders, and decisions promulgated by the administrative agencies when carrying out their duties. Administrative law is usually more specific than statutory law because it deals with the details of implementing the law. (Putnam,

2004)

>The Philippine executive branch plays a unique role in the Philippine legal system as it functions quasi legislatively and quasi

judicially.

>While the primary function of the executive branch is to enforce the law, it does serve as a source of law in four ways.

rule" charters by the legislature have the most authority to act. If, however, a municipality enacts an ordinance that exceeds its charter or is in conflict with state or federal law, the ordinance can be challenged in court and ruled void.

Many ordinances deal with maintaining public safety, health, morals, and General Welfare. For example, a municipality may enact housing ordinances that set minimum standards of habitability. Other ordinances deal with fire and safety regulations that residential, commercial, and industrial property owners must follow. Many municipalities have enacted noise ordinances, which prohibit prescribed levels of noise after certain hours of the evening.

Treaties are entered into by the executive branch with the consent of Senate. These

i.

Ordinances may also deal with public streets and sidewalks.

treaties serve as a source of law as they may relate to trade and important matters, economic cooperation, or even international

JUDICIAL DECISIONS Art. 8. Judicial decisions applying or interpreting the laws or the Constitution

boundaries.

shall form a part of the legal system of the Philippines.

ii.

The president can issue executive orders

to

regulate and direct national agencies and

>compels lower courts to follow decisions

>to provide consistency and stability to

officials.

rendered in higher courts, hence

iii. The executive branch exerts influence on the stature through he implementing rules and regulations and these are considered as source of laws also.

establishing an order of priority of sources by reason of authority

common /case laws

iv. LGU's pass municipal ordinances and these are also laws.

LOCAL ORDINANCES

Refer to those laws promulgated by local government bodies of LGU's governed under

LGC.

A law adopted by a town or a city council,

country board of supervisors or other

municipal governing body.

A law, statute, or regulation enacted by a

Municipal Corporation.

An ordinance is a law passed by a municipal

COURT DECISION Judicial decisions which apply or interpret the Constitution and the laws are part of the legal system of the Philippines but they are not laws. However, although judicial decisions are not laws, they are evidence of the meaning and interpretation of laws.

STARE DECISIS Once a case has been decided one way, then another case involving the same question or point of law should be decided in the same manner. This does not necessarily mean that erroneous decisions, or those found to be contrary to law must be perpetuated. They should be abandoned.

government. A municipality, such as a city, town, village, or borough, is a political subdivision of a state within which a municipal corporation has been established

PRECEDENT- Art 8. CC decisions and principles enunciated by a court of competent jurisdiction on a question

to

provide local government to a population

of law do not only serve as guides but also as

in

a defined area.

authority to be followed by all other courts of

Ordinances constitute the subject matter of municipal law. The power of municipal governments to enact ordinances is derived from the state constitution or statutes or through the legislative grant of a municipal charter. The charter in large part dictates how much power elected officials have to regulate actions within the municipality. Municipalities that have been granted "home

equal or inferior jurisdiction in all cases involving the same question until the same is overruled or reversed by a superior court.

WEEKS 2 & 3 C. EFFECT AND VALIDITY OF STATUTES 1. Title >provides for general subject matter of legislative measure

>informs public, legislator and other interested party of contents, purpose, area or subject being legislated upon.

>must be clearly indicative of subject matter of the law as to properly inform the legislators and general public of nature and purpose of law.

GENERAL RULE:

(1) Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.

It has been said that the purpose of such provision is to prevent the evils of so called omnibus bills and surreptitious or unconsidered legislation.

"The mischief sought to be remedied by the requirement of a single subject or object of legislation was the practice of bringing together in one bill matters having no necessary or proper connection with each other but often entirely unrelated and even incongruous. By the practice of incorporating in proposed legislation of a meritorious character provisions not deserving of general favor but which, standing alone and in their own merits, were likely to be rejected, measures which could not have been carried without such a device and which were sometimes of a pernicious character were often incorporated in the laws for, to secure needed and desirable legislation, members of the legislative were, by this means, often induced to sanction and actually vote for provisions which, if presented as independent subjects of legislation, would not have received their support.

It was also the practice to include in the same bill wholly unrelated provisions, with the view of combining in favor of the bill the supporters of each, and thus securing the passage of several measures, no one of which could succeed on its own merits. To do away with this hodge podge or 'log rolling' legislation was one, and perhaps the primary, object of this constitutional provisions.

Another abuse that develop in legislative bodies was the practice of enacting laws under false and misleading titles, thereby concealing from the members of the legislature, and from the people, the true nature of the laws so enacted. It is to prevent surreptitious legislation in this manner that the title.

2. Preamble

The preamble is not a source of rights or of

obligations. However, it sets down the origin, scope, and purpose of the law, it is useful as an aid in ascertaining the meaning of ambiguous provisions in the body of the law.

It is thus a source of light.

The preamble introduces the law by explaining the goals and purpose of the document. The preamble to the Philippine

Constitution explains that they are forming

a government based on the values of truth, justice, freedom, love,

The intent of the law, as culled from its preamble and from the situation, circumstances and conditions it sought to remedy, must be enforced.

3. Enacting Clause

>declares the source of promulgation. >usually stated:

"Be it enacted by the Senate and HOR in Congress assembled"

4. Body

>We find definition of terms, policy declaration of state, penal clauses, prohibited acts, rights and duties of parties.

divided into

chapters/articles/sections ad further subdivided into subsections/sub- paragraphs depending on styling adopted by Congress at time of its enactment.

>May

be

5. Repealing Clause

>Only a statute can repeal a previous statute. >A statute cannot be invalidated by mere ordinance/executive issuance. >A statute can invalidate an ordinance or executive issuance since former is higher than the latter.

2 KINDS OF REPEAL "Laws are repealed only by subsequent ones, and their violation and non-observance shall not be excused by disuse or custom or practice to the contrary."

1. EXPRESS

>When it is contained in subsequent act;

>When a new law contains a provision expressly repealing existing law

2. IMPLIED

>When subsequent law is inconsistent with the former especially when there is a conflict between old and new law such hat observance of one excludes that of the other

>It

repeal

operates

without

any

declaration

of

6. Separability Clause

A clause which provides that in the event

that one or more provisions are declared void the balance of the contract remains in force. Such a provision is also commonly found in legislation.

Example:

Separability Clause. Should any provision

of this Act or any part thereof be declared

invalid, the other provisions, insofar as they

are separable from the invalid ones, shall remain in full force and effect.

The general rule is that where part of a statute is void as repugnant to the Constitution, while another part is valid, the valid portion, if separable from the invalid, may stand and be enforced. The presence of a separability clause in statute creates the presumption that the legislature intended separability, rather than complete nullity, of the statute. To justify this result, the valid portion must be so far independent of the invalid portion that it is fair to presume that the legislature would have enacted it by itself if it had supposed that it could not constitutionally enact the other.

The exception to the general rule is that when the parts of a statute are so mutually dependent and connected, as conditions, considerations, inducements, or compensations for each other, as to warrant a belief that the legislature intended them as a whole the nullity of one part will vitiate the rest. In making the parts of the statute dependent, conditional, or connected with one another, the

legislature intended the statute to be carried out as a whole and would not have enacted

it if one part is void, in which case if some

parts are unconstitutional, all the other provisions thus dependent, conditional, or connected must fall with them. (Antonio v Miranda, G.R. No. 135869, 22 September 1999)

The separability clause only creates a presumption that the act is severable. It

is merely an aid in statutory construction. It

is not an inexorable command. A separability clause does not clothe the valid

parts with immunity from the invalidating effect the law gives to the inseparable blending of the bad with the good. The

separability clause cannot also be applied if

it will produce an absurd result. In sum, if

the separation of the statute will defeat the intent of the legislature, separation will not take place despite the inclusion of a separability clause in the law. (Tatad v. DOE, G.R. No. 124360, 3 December

1997)

7. Effectivity Clause

The publication of all presidential issuances "of a public nature" or "of general applicability" is mandated by law. Obviously, presidential decrees that provide for fines, forfeitures or penalties for their violation or otherwise impose a burden or. the people, such as tax and revenue measures, fall within this category. Other presidential issuances which apply only to particular persons or class of persons such as administrative and executive orders need not be published on the assumption that they have been circularized to all concerned. (Tanada v Tuvera, G.R. No. 63915, 24 April

1985)

After a careful study of this provision and of the arguments of the parties, both on the original petition and on the instant motion, we have come to the conclusion and so hold, that the clause "unless it is otherwise provided" refers to the date of effectivity and not to the requirement of publication itself, which cannot in any event be omitted. This clause does not mean that the legislature may make the law effective immediately upon approval, or on any other date, without its previous publication.

Publication is indispensable in every case, but the legislature may in its discretion provide that the usual fifteen-day period shall be shortened or extended. An example, as pointed out by the present Chief Justice in his separate concurrence in the original decision, is the Civil Code which did not become effective after fifteen days from its publication in the Official Gazette but "one year after such publication." The general rule did not apply because it was "otherwise provided. " (Tanada v Tuvera, G.R. No. L- 63915, 29 December 1968)

LEGISLATIVE PROCESS Section 26. (1) Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof. (2) No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency.

Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.

Section 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President.

If he approves the same he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it.

If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law.

In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof, otherwise, it shall become a law as if he had signed it.

(2) The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.

PASSAGE OF A BILL I. Proposed legislative measure introduced by a member of congress for enactment into law -Shall embrace only one subject -Filed with the Secretary of the House -Bills may originate from either lower or upper House >Exclusive to lower house

Appropriation

Revenue/ tariff bills

Bills authorizing increase of public

debt

Bills of local application

Private bills

-After 3 readings, approval of either house (see Art 6 Sec 26 (1)) -Secretary reports the bill for first reading

II. First reading reading the number and title, referral to the appropriate committee for study and recommendation

Committee hold public hearings and submits report and recommendation for calendar for second reading

III. Second reading bill is read in full (with amendments proposed by the committee) unless copies are distributed and such reading is dispensed with -Bill will be subject to debates, motions and amendments

-Bill will be voted on -A bill approved shall be included in the calendar of bills for 3rd reading

IV. Third reading bill approved on 2nd reading will be submitted for final vote by yeas and nays,

-Bill approved on the 3rd reading will be transmitted to the “Other House” for concurrence (same process as the first passage)

-If the “Other House” approves without amendment it is passed to the President

-If the “Other House” introduces amendments, and disagreement arises, differences will be settled by the Conference Committees of both houses

-Report and recommendation of the 2 Conference Committees will have to be approved by both houses in order to be considered pass

V. President Approves and signs Vetoes (within 30 days after receipt) Inaction

AUTHENTICATION OF BILLS Before passed to the President Indispensable By signing of Speaker and Senate President

UNIMPEACHABILITY

JOURNALS

OF

LEGISLATIVE

• Journal of proceedings

• Conclusive with respect to other matters that are required by the Constitution • Disputable with respect to all other matters

• By reason of public policy, authenticity of laws should rest upon public memorials of the most permanent character

• Should be public

ENROLLED BILL

• Bills passed by congress authenticated by the Speaker and the Senate President and approved by the President

• Importing absolute verity and is binding

on the courts

o It carries on its face a solemn assurance that it was passed by the assembly by the legislative and executive departments.

• Courts cannot go behind the enrolled act

to discover what really happened

o If only for respect to the legislative and executive departments

• Thus, if there has been any mistake in the

printing of the bill before it was certified by the officer of the assembly and approved by

the Chief Executive, the remedy is by

amendment by enacting a curative legislation not by judicial decree.

• Enrolled bill and legislative journals - Conclusive upon the courts

• If there is discrepancy between enrolled

bill and journal, enrolled bill prevails.

EFFECTS OF WITHDRAWAL OF

AUTHENTICATION

• Speaker and Senate President may withdraw if there is discrepancy between the text of the bill as deliberated and the enrolled bill.

Proclamations, MO, MC and general or specific orders • Requirement of publication applies except if it is merely interpretative or internal in nature not concerning the public

• 2 types:

o Those whose purpose is to enforce or

implement existing law pursuant to a valid

delegation or to fill in the details of a statute; requires publication

o Those which are merely interpretative in nature or internal; does not require

publication

o

Nullifies the bill as enrolled

• Requirements of filing (1987

o

Losses absolute verity

Administrative Code):

o

Courts may consult journals

o

Every agency shall file with the UP Law

Effects of unconstitutionality

• It confers no rights

• Imposes no duties

• Affords no protection

• Creates no office

• In general, inoperative as if it had never been passed

Center 3 certified copies of every rule adopted by it. Rules in force on the date of

effectivity of this Code which are not filed within 3 months from that date shall not thereafter be the basis of any sanction against any party/ persons When local ordinance takes effect

 

Unless otherwise stated, the same shall

2 views:

take effect 10 days from the date a copy is

o

Orthodox view unconstitutional act is not

posted in a bulletin board at the entrance of

a

law; decision affect ALL

the provincial capitol or city, municipality or

o

Modern view less stringent; the court in

barangay hall, AND in at least 2 other conspicuous places in

passing upon the question of unconstitutionality does not annul or repeal the statute if it finds it in conflict with the

Constitution; decisions affects parties ONLY and no judgment against the statute; opinion of court may operate as a precedent;

it does not repeal, supersede, revoke, or

annul the statute

WHEN LAWS TAKE EFFECT

• Art 2 CC - “xxx laws to be effective must be

published either in the Official Gazette or in

a newspaper of general circulation in the country”

o The effectivity provision refers to all statutes, including those local and private, unless there are special laws providing a different effectivity mechanism for particular statutes

• Sec 18 Chapter 5 Book 1 of Administrative

Code

• Effectivity of laws o default rule 15-day

period o must be published either in the OG

or newspaper of general circulation in the country; publication must be full

• The clause “unless it is otherwise provided”

solely refers to the 15-day period and not to the requirement of publication When

Presidential issuances, rules and regulations take effect

• The President’s ordinance power includes the authority to issue EO, AO,

• The secretary to the Sangguinian

concerned shall cause the posting not later than 5 days after approval; text will be disseminated in English or Tagalog; the secretary to the Sangguinian concerned shall record such fact in a book kept for that purpose, stating the dates of approval and posting

• Gist of ordinance with penal sanctions

shall be published in a newspaper of general circulation within the respective province concerned; if NO newspaper of general circulation in the province, POSTING shall be made in all municipalities and cities of the province where the Sanggunian of origin is

situated

• For highly urbanized and independent

component cities, main features of the ordinance, in addition to the posting requirement shall be published once in a local newspaper. In the absence of local newspaper, in any newspaper of general circulation o Highly urbanized city minimum population of 200,000 and with latest annual income of at least 50M Php Statutes continue in force until repealed

• Permanent/ indefinite – law once

established continues until changed by competent legislative power. It is not changed by the change of sovereignty, except

that of political nature

• Temporary – in force only for a limited

period, and they terminate upon expiration of the term stated or upon occurrence of certain events; no repealing statute is needed Territorial and personal effect of statutes

• All people within the jurisdiction of the Philippines

COA -regulations issued by CONCOMS excepted for filing at the UP-Law Center

IRR’s-Delegated

published

Authority,

needs

to

be

Resolution expresses the sentiment of Sangguniang Bayan/local body

ORDINANCE POWERS OF THE PRESIDENT Presidential issuances

• are those which the president issues in the exercise of ordinance power.

• i.e. EO, AO (administrative orders), proclamations, MO (memorandum orders), MC (memorandum circulars), and general or special orders.

• Have force and effect of laws.

• EO o acts of the President providing for

rules of a general or permanent character in

the implementation or execution of constitutional/ statutory powers.

o do not have the force and effect of laws enacted by congress

o different from EO issued by the President

in the ex of her legislative power during the

revolution Presidential decree under the

freedom constitution

• AO

o acts of the President which relate to

particular aspects of governmental operations in pursuance of his duties as

administrative head

• Proclamations

o acts of the President fixing a date or

declaring a statute or condition of public

moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend

• MO

o acts of the President on matters of

administrative details or of subordinate or

temporary interest which only concern a particular officer or office of government

MC

o acts of the president on matters relating

to internal administration which the President desires to bring to the attention

of all or some of the departments, agencies,

bureaus, or offices of the government, for

information of compliance

• General or Specific Order

o Acts and commands of the President in

his capacity as Commander-in-Chief of the

AFP

WEEK 4 & 5 GENERAL CONCEPTS OF CONSTRUCTION STATUTORY CONSTRUCTION DEFINED:

>Branch of law dealing with the interpretation of laws enacted by legislature. Judicial function is required when a statute is invoked and different interpretations are argued or stated. (Black's Law Dictionary 6th Ed) --[IL]

>art or process of Discovering & Expounding the Meaning and Intention of the authors of the law with Respect to its Application to a given Case, where that interpretation is rendered doubtful, amongst others, by reason of the fact that the given case is not explicitly provided for in the law. -- [DEMIRAC]

>deals with interpretation and construction of laws with the end in view of ascertaining its true meaning, intent and proper application

STATCON MAY BE APPLIED TO:

a. Ordinances

b. Executive Orders by President

c. Administrative Orders by Administrative

Agencies

d. Instrumentalities form Constitutional

bodies and by law (CSC,COMELEC, COA)

e. Contracts between persons (private contracts)

"When terms of the agreement are clear and explicit that they do not justify an attempt to read into any alleged intention of the parties, the terms are to be understood literally as they appear on the face of

contract." (Fil-Sin Lending Corp. vs. Padilla

448 SCRA 71 [2005])

"In interpreting a contract, its provisions should not be read in isolation but in relation to each other and their entirety

so as to render them effective having in mind the intention of the parties and purpose to be achieved. (MIIA vs. Gingoyon,

476 SCRA 570 [2005])

RULE:

If law is clear and unequivocal, no need for interpretation and construction. Courts apply the law and refrain from interpreting

it.

Only statutes with an ambiguous or doubtful meaning may be the subjects of

StatCon. (Daoang vs. Municipal Judge of San Nicolas), G.R. No. L-34568, 1988)

PRINCIPLES:

1. "Semper in dubiis benigniora preferenda" For words are presumed to have been employed by the lawmaker in their ordinary and common use and acceptation. (People v Kottinger, 45 Phil 352 [1929])

2. Where words and phrases of statute are not obscure or ambiguous, meaning and intention of legislature must be determined from language employed, and where there's no ambiguity in words, there's no room for construction. (Provincial Board of Cebu vs. CFI, 171 SCRA 1)

GENERAL RULES OF CONSTRUCTION

• Rules of statutory construction are tools used to ascertain legislative intent.

• NOT rules

experience

of law

but mere axioms of

• In enacting a statute, the legislature is

presumed to know the rules of statutory construction, in case of doubt, be construed

Legislative purpose

• A legislative purpose is the reason why a particular statute was enacted by legislature.

• Legislation “is an active instrument and

government which, for the purpose of interpretation means that laws have ends to

be achieved”

CONSTRUCTION ESSENTIALLY JUDICIAL Construction is a judicial function

• It is the court that has the final word as to what the law means.

• It construes laws as it decides cases based on fact and the law involved

• Laws are interpreted in the context of a peculiar factual situation of each case

• Circumstances of time, place, event, person and particularly attendant circumstances and actions before, during and after the operative fact have taken their totality so that justice can be rationally and fairly dispensed.

in accordance with the settled principles of

Moot and academic

interpretation.

o

Purpose has become stale

o

No practical relief can be granted

• Legislature sometimes adopts rules of

o

Relief has no practical effect

statutory construction as part of the provisions of the statute: - see examples page 49-50

General rule (on mootness) – dismiss the case

• Legislature also defines to ascertain the meaning of vague, broad words/ terms

Purpose of object of construction

• The purpose is to ascertain and give effect to the intent of the law.

• The object of all judicial interpretation of a statute is to determine legislative intent, either expressly or impliedly, by the language used; to determine the meaning and will of the law-making body and discover its true interpretations of law.

Legislative intent, generally

• … is the essence of the law

• Intent is the spirit which gives life to

legislative enactment. It must be enforced when ascertained, although it may not be consistent with the strict letter of the statute. It has been held, however, that that the ascertainment of legislative intent depends more on a determination of the purpose and object of the law.

• Intent is sometimes equated with the word “spirit.”

• While the terms purpose, meaning, intent,

and spirit are oftentimes interchangeably used by the courts, not entirely synonymous

o Exception:

If capable of repetition, yet evading

review

Public interest requires its resolution

Rendering decision on the merits would

be of practical value Legislative cannot

overrule judicial construction

• It cannot preclude the courts from giving the statute different interpretation

• Legislative enact laws

• Executive- to execute laws

• Judicial- interpretation and application

• If the legislature may declare what a law

means – it will cause confusion…it will be violative of the fundamental principles of the constitution of separation powers.

• Legislative construction is called resolution or declaratory act

When court may construe statute

• “The court may construe or interpret a

statute under the condition that THERE IS

DOUBT OR AMBIGUITY”

• Ambiguity – a condition of admitting 2 or more meanings. Susceptible of more than one interpretation.

• Only when the law is ambiguous or

doubtful of meaning may the court interpret

or construe its intent. Court may not construe where statute is clear

• A statute that is clear and unambiguous is not susceptible of interpretations.

• First and fundamental duty of court – to apply the law

• Construction – very last function which the court should exercise

• Law is clear – no room for interpretation, only room for application

• Courts cannot enlarge or limit the law if it

is clear and free from ambiguity (even if law is harsh or onerous

• A meaning that does not appear nor is

intended or reflected in the very language of

the statute cannot be placed therein by construction

Rulings of Supreme Court part of legal system

• Art. 8 CC – “Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines”

Legis interpretato legis vim obtinet

authoritative interpretation of the SC of a statute acquires the force of law by becoming a part thereof as of the date of its enactment, since the court’s interpretation merely establishes the contemporaneous legislative intent that the statute thus construed intends to effectuate

• Stare decisis et non quieta novere when

the SC has once laid down a principle of law as applicable to a certain state of facts, it will adhere to that principle and apply it to all future casese where the facts are substantially the same o For stability and certainty

• Supreme Court becomes, to the extent

applicable, the criteria that must control the

actuations not only of those called upon to abide thereby but also of those duty-bound to enforce obedience thereto.

• SC rulings are binding on inferior courts

Judicial rulings have no retroactive effect

• Lex prospicit not respicit - the law looks forward, not backward

• Rationale: Retroactive application of a law usually divest rights that have already become vested or impairs he obligations of contract and hence is unconstitutional.

LIMITATIONS ON POWER TO CONSTRUE Courts may not enlarge nor restrict statutes

• Courts are not authorized to insert into the law what they think should be in it or to supply what they the legislature would have supplied if its intention had been called to the omission.

• They should not by construction, revise

even the most arbitrary or unfair action of

the legislature, nor rewrite the law to conform to what they think should be the law.

• Neither should the courts construe statutes which are perfectly vague for it violates due process

o Failure to accord persons fair notice of the conduct to avoid

o Leave law enforcers unbridled discretion in carrying out its provisions

• 2 leading stars on judicial construction

o Good faith o commonsense

an utterly vague act on its face cannot be

clarified by either a saving clause or by construction Courts not to be influenced by

questions of wisdom

• Courts do not sit to resolve the merit of

conflicting theories • Courts do not pass upon question of wisdom, justice or expediency of legislation, for it’s not within their province to supervise legislation and keep it within the bounds of common sense.

• The court merely interpret regardless of whether or not they wise or salutary.

1. PLAIN MEANING VERBA LEGIS- whenever possible, the words used in the Constitution must be given their ordinary meaning, except where technical terms are employed *Index animi sermo est (Speech is the index of intention) Under the principles of statutory construction:

1. If a statute is clears plain and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation. [This plain-meaning rule or verba

legis

maxim index animi sermo est (speech is the index of intention)] rests on the valid presumption that the words employed by, the legislature in a statute correctly express its intent or will and preclude the court from construing it differently.

derived from the

PRESUMPTION: The legislature is presumed to know the meaning of the words, to have used words advisedly, and to have expressed its intent by the use of such words as are found in the statute.

2. ACCORDING TO SPIRIT WHERE THERE IS AMBIGUITY, RATIO LEGIS ET ANIMA-- the words of the Constitution should be interpreted in accordance with the intent of the framers. It is discoverable either in the document/ use of extrinsic aids (record of constitutional convention)

WEEK 6

A.

CONSTRUCTION

PRESUMPTIONS

TO

AID

*A statute is presumed constitutional. *Congress intended to enact an effective law. *Statutes are to be interpreted in their ordinary, commonly accepted usage.

PENAL LAWS The statute should be construed as to advance the remedy and suppress the mischief contemplated by the framers.

The intention of the legislature and the object aimed at, being the fundamental inquiry in judicial construction, are to control the literal interpretation of particular language in a statute, and language capable of more than one meaning is to be taken in that sense which will harmonize with such intention and object, and effect the purpose of the enactment. (26 Am. & Eng. Ency. of Law., 602.)

The statute, then, being penal, must be construed with such strictness as to carefully safeguard the rights of the defendant and at the same time preserve the obvious intention of the legislature. If the language be plain, it will be construed as it reads, and the words of the statute given their full meaning; if ambiguous, the court will lean more strongly in favor of the defendant than it would if the statute were remedial. In both cases it will endeavor to effect substantial justice."

That penal laws are to be construed strictly against the State and liberally in favor of the accused.

TAX LAWS The rule is that taxes may not be imposed by implication,1 and "a tax statute is to be construed strictly and against the subjection to a tax liability where the question is whether a matter, property or person is subject to the tax".

As a rule, tax exemptions are construed strongly against the claimant or taxpayer and in favor of the govt.

B. THE INENTION OF STATCON IS TO ASCERTAIN & GIVE EFFECT TO THE INTENTION OF THE LEGISLATURE.

WEEKS 7 & 8

C. LITERAL CONSTRUCTION

Verba legis non est recedendum or from the words of a statute there should be no departure. Neither does the provision admit of any qualification. If in the wisdom of the Court, there may be a ground or grounds for

non-application of the above-cited provision, this should be by way of exception, such as when the reinstatement may be inadmissible due to ensuing strained relations between the employer and the employee.

Punctuation marks

• Semi- colon used to indicate a separation

in the relation of the thought, what follows

must have a relation to the same matter it precedes it.

• Comma and semi- colon are use for the same purpose to divide sentences, but the semi colon makes the division a little more pronounce. Both are not used to introduce a new idea.

• Punctuation marks are aids of low degree

and can never control against the intelligible

meaning of written words.

• An ambiguity of a statute which may be

partially or wholly solved by a punctuation

mark may be considered in the construction of a statute.

• The qualifying effect of a word or phrase

may be confined to its last antecedent if the

latter is separated by a comma from the other antecedents.

• An argument based on punctuation is not persuasive.

D. AIDS TO CONSTRUCTION

1. Associated words and Provisos Noscitur a sociis -Where a particular word or

phrase is ambiguous in itself or is equally susceptible of various meanings, its correct construction may be made clear and specific by considering the company of words in which it is founded or w/c it is associated.

Every meaning to be given to each word or phrase must be ascertained from the context of the body of the statute since a word or phrase in a statute is always used in association with other words or phrases and its meaning may be modified or restricted by the latter.

That the term under a construction should be accorded no other meaning than that which is consistent with the nature of the word associated therewith.

The rule of ejusdem generis which provides that "where, in a statute, general words follow a designation of particular subjects or

classes of persons, the meaning of the general words will ordinarily be presumed to be restricted by the particular designation, class or nature as those specifically enumerated,"

Expressio unius est exclusio alterius." It is an elementary rule of statutory construction that the express mention of one person, thing, act, or consequence excludes all others. This rule is expressed in the familiar maxim "expressio unius est exclusio alterius." Where a statute, by its terms, is expressly limited to certain matters, it may not, by interpretation or construction, be extended to others. The rule proceeds from the premise that the legislature would not have made specified enumerations in a statute had the intention been not to restrict its meaning and to confine its terms to those expressly mentioned. 7

"It is a well-settled rule of statutory construction that repeals of statutes by implication are not favored and as much as possible, effect must be given to all enactments of the legislature

It is a basic rule in statutory construction that the enactment of a later legislation which is a general law cannot be construed to have repealed a special law. Where there is a conflict between a general law and a special statute, the special statute should prevail since it evinces the legislative intent more clearly than the general statute."

According to the rule of casus omissus "a case omitted is to be held as intentionally omitted. "The principle proceeds from a reasonable certainty that a particular person, object or thing has been omitted from a legislative enumeration." Pursuant to this, "the Court cannot under its power of interpretation supply the omission even though the omission may have resulted from inadvertence or because the case in question was not foreseen or contemplated." "The Court cannot supply what it thinks the legislature would have supplied had its attention been called to the omission, as that would be judicial legislation." Stated differently, the Court has no power to add another member by judicial construction.

The complete and applicable rule is ad proximum antecedens fiat relatio nisi impediatur sentencia. Relative words refer to the nearest antecedent, unless it be prevented by the context. In the present case, the employment of the word "and" between "facilities, improvements, infrastructures" and "other forms of development," far from supporting petitioner's theory, enervates it instead since it is basic in legal hermeneutics that "and" is not meant to separate words but is a

conjunction used to denote a joinder or union.

Doctrine of last antecedent

• Qualifying words restrict or modify only the words or phrases to which they are immediately associated not those which are distantly or remotely located. (Refer to the nearest)

Ad proximum antecedens fiat relatio nisi

impediatur sententia relative words refer to the nearest antecedents, unless the context otherwise requires

• Rule: use of a comma to separate an

antecedent from the rest exerts a dominant

influence in the application of the doctrine of

last antecedent.

Qualifications of the doctrine. 1. Subject to the exception that where the

intention of the law is to apply the phrase to all antecedents embraced in the provision,

the same should be made extensive to the

whole.

2. Doctrine does not apply where the intention is not to qualify the antecedent at all.

Reddendo singular singuilis

• Variation of the doctrine of last antecedent

• Referring each to each;

• Referring each phrase or expression to its

appropriate object, or let each be put in its proper place, that is, the word should be

taken distributively.

MAY AND SHALL

GENERAL RULE:

The presumption is that the word "shall" in

a statute is used is an imperative, and not in

a directory, sense. If a different

interpretation is sought, it must rest upon something in the character of the legislation or in the context which will justify a different meaning.

EXCEPTION:

In the ordinary signification, "shall" is imperative, and not permissive, though it may have the latter meaning when required by the context.

"Must" or "shall" in a statute is not always imperative, but may be consistent with an exercise of discretion.

The word "shall" is generally regarded as

imperative, but in some context it is given a

permissive meaning, the intended meaning being determined by what is intended by the statute.

The word "shall" is to be construed as merely

permissive, where no public benefit or private right requires it to be given an

imperative meaning. Presumption is that word "shall" in ordinance, is mandatory; but, where it is necessary to give effect to legislative intent, the word will be construed as "may."

Words like "may," "must," "shall" etc., are constantly used in statutes without

intending that they shall be taken literally,

and in their construction the object evidently

designed to be reached limits and controls

the literal import of the terms and phrases

employed.

2. LEGISLATIVE HISTORY

A statute is susceptible of several

interpretations or where there is ambiguity in the language, there is no better means of ascertaining the will and intention of the legislature than that which is afforded by the history of the statute.

Change in phraseology Amendment by Deletion Exceptions to the rule Adopted Statutes

What constitutes legislative history • History of a statute refers to all its antecedents from its inception until its enactment into law.

• Its history proper covers the period and the steps done from the time the bill is introduced until it is finally passed by the legislature.

• What it includes:

o President’s message if the bill is enacted in response thereto,

o The explanatory note accompanying the

bill

o Committee reports of legislative

investigations

Includes reports of legislative committee.

o

Public hearings on the subject of the bill

o

Sponsorship speech

Transcripts of stenographic notes taken

o

Debates and deliberations concerning the

during hearing, legislative investigation or

bill

legislative debates.

o

Amendments and changes in phraseology

General Rule: Personal opinions of some legislators are not appropriate aids of construction.

in which it undergoes before final approval

thereof.

o If the statute is based from a revision, a prior statute, the latter’s practical application and judicial construction,

Exception: If there is unanimity among the

o

Various amendments it underwent

supporters & oppositors to a bill w/ respect

o

Contemporary events at the

to the objective sought to be accomplished, debates may then be used as evidence of the

President’s message to legislature

purpose of the act.

The president shall address the congress at

Where legislative intent is ascertained

• The primary source of legislative intent is

the statute itself.

• If the statute as a whole fails to indicate the legislative intent because of ambiguity, the court may look beyond the statute such as:

o Legislative history what was in the

legislative mind at the time the statute was enacted; what the circumstances were;

what evil was meant to be redressed

o Purpose of the statute the reason or

cause which induced the enactment of the law, the mischief to be suppressed, and the policy which dictated its passage o when all

these means fail, look into the effect of the

law

If the 3rd means (effect of the law) is first

used, it will be judicial legislation

President’s message to legislature. Explanatory note. Legislative debates, views & deliberations. -2 nd reading (S & HOR) Reports of Commissions After 1 st reading Prior laws from which statute is based

the opening of its regular session or appear before it at any other time.

• Usually contains proposed legal measures.

• Indicates his thinking on the proposed legislation, when enacted into law, follows his line of thinking on the matter.

Explanatory note • A short exposition of explanation accompanying a proposed legislation by its author or proponent.

• Where there is ambiguity in a statute or

where a statute is susceptible of more than one interpretation, courts may resort to the explanatory note to clarify the ambiguity and ascertain the purpose or intent of the statute.

• Used to give effect to the purpose or intent as disclosed in its explanatory note.

• A statute affected or changed an existing

law and the explanatory note to the bill which has eventually enacted into a law states that the purpose is too simply to secure the prompt action on a certain matter by the officer concerned and not to change the existing law; the statute should be

construed to carry out such purpose.

• It may be used as a basis for giving a

statute a meaning that is inconsistent with what is expressed in the text of the statute.

Legislative debates, views and deliberations

• Courts may avail to themselves the actual

proceedings of the legislative body to assist

in determining the construction of a statute of doubtful meaning.

• There is doubt to what a provision of a

statute means, that meaning which was put to the provision during the legislative deliberation or discussion on the bill may be adopted.

the earlier act on the subject indicates that a change in meaning of the law was intended and courts should so construe that statute

as to reflect such change in meaning.

Amendment by deletion

• Deletion of certain words or phrases in a

statute indicates that the legislature intended to change the meaning of the statute, for the presumption is that the legislation would not have made the deletion

had the intention been not effect a change in

its meaning.

• A statute containing a provision prohibiting the doing of a certain thing is amended by deleting such provision.

Views

expressed

are

as

to

the

bill’s

purpose,

meaning

or

effect

are

not

Exceptions to the rule (of amendment by

controlling in the interpretation of the law.

deletion)

An amendment of the statue indicates a

• It is impossible to determine with authority what construction was put upon an act by the members of the legislative body that passed the bill.

• The opinions expressed by legislators in the

course of debates concerning the application of existing laws are not also given decisive

weight, especially where the legislator was not a member of the assembly that enacted the said laws.

• When a statute is clear and free from

change in meaning from that which the statute originally had applies only when the

intention is clear to change the previous meaning of the old law.

• Rules don’t apply when the intent is clear

that the amendment is precisely to plainly express the construction of the act prior to its amendment because its language is not sufficiently expressive of such construction.

• Frequently, words do not materially affect

the sense will be omitted from the statute as

ambiguity, courts will not inquire into the

Reports of commissions

incorporated in the code or revised statute,

motives which influence the legislature or

or

that some general idea will be expressed

individual members, in voting for its

in

brief phrases.

passage; no indeed as to the intention of the draftsman, or the legislators, so far as it has not been expressed into the act.

Adopted statutes • Foreign statutes are adopted in this country or from local laws are patterned form parts of the legislative history of the

Commissions are usually formed to

latter.

compile and collate all laws on a particular subject and to prepare the draft of the proposed code. Prior laws from which statute is based

• Courts are permitted to prior laws on the same subject and to investigate the antecedents of the statute involved.

• This is applicable in the interpretation of

codes, revised or compiled statutes, for the prior law which have been codified, compiled or revised will show the legislative history that will clarify the intent of the law or shed light on the meaning and scope of the codified or revised statute.

Change in phraseology by amendments

• Intents to change the meaning of the provision.

• A statute has undergone several amendments, each amendment using different phraseology, the deliberate selection of language differing from that of

• Local statutes are patterned after or copied from those of another country, the decision

of the courts in such country construing

those laws are entitled to great weight in the interpretation of such local statutes.

Limitations of rule

• A statute which has been adopted from

that of a foreign country should be construed in accordance with the construction given it in the country of origin is not without limitations.

Principles of common law

• Known as Anglo-American jurisprudence

which is no in force in this country, save only insofar as it is founded on sound principles

applicable to local conditions and is not in conflict with existing law, nevertheless, many of the principles of the common law have been imported into this jurisdiction as

a result of the enactment of laws and

establishment of institutions similar to those

of the US.

Conditions at time of enactment

• In enacting a statute, the legislature is

presumed to have taken into account the existing conditions of things at the time of its

enactment.

• In the interpretations of a statute, consider the physical conditions of the country and the circumstances then obtain understanding as to the intent of the legislature or as to the meaning of the statute.

History of the times

• A court may look to the history of the times, examining the state of things existing when the statute was enacted.

• A statute should not be construed in a

spirit as if it were a protoplasm floating around in space.

• In determining the meaning, intent, and

purpose of a law or constitutional provision, the history of the times of which I grew and

to which it may be rationally supposed to bear some direct relationship, the evils intended to be remedied and the good to be accomplished are proper subjects of inquiry.

• Law being a manifestation of social culture

and progress must be interpreted taking into consideration the stage of such culture and progress including all the concomitant

circumstances.

• Law is not a watertight compartment

sealed or shut off from the contact with the drama of life which unfolds before our eyes

3. CONTEMPORARY CONSTRUCTION Generally

• Are the constructions placed upon statutes

at the time of, or after their enactment by the executive, legislative or judicial authorities,

as well as by those who involve in the process of legislation are knowledgeable of the intent and purpose of the law.

• Contemporary construction is strongest in law.

Executive construction, generally; kinds of

• Is the construction placed upon the statute by an executive or administrative officer.

• Three types of interpretation

o Construction by an executive or

administrative officer directly called to implement the law.

o Construction by the secretary of justice

in his capacity as the chief legal adviser of

the government.

o Handed down in an adversary proceeding

in the form of a ruling by an executive officer exercising quasi-judicial power.

contemporaneous

construction

• Where there is doubt as to the proper

interpretation of a statute, the uniform construction placed upon it by the executive or administrative officer charged with its enforcement will be adopted if necessary to

resolve the doubt.

Weight

accorded

to

• True expression of the legislative purpose,

especially if the construction is followed for a considerable period of time.

Nestle Philippines, Inc. v. CA • Reasons for why interpretation of an administrative agency is generally accorded great respect

o Emergence of multifarious needs of a modernizing society

o Also relates to experience and growth of specialized capabilities by the administrative agency

o They have the competence, expertness,

experience and informed judgment, and the fact that they frequently are the

drafters of the law they interpret

Weight accorded to usage and practice

• Common usage and practice under the

statute, or a course of conduct indicating a particular undertaking of it, especially where

the usage has been acquiesced in by all the parties concerned and has extended over a long period of time.

Optimus interpres rerum usus the best interpretation of the law is usage.

Construction of rules and regulations

• This rule-making power, authorities

sustain the principle that the interpretation

by those charged with their enforcement is entitled to great weight by the court in the latter’s construction of such rules and regulations.

Reasons

why

contemporaneous

construction is given much weight

• It is entitled to great weight because it comes from the particular branch of government called upon to implement the law thus construed.

• Are presumed to have familiarized

themselves with all the considerations pertinent to the meaning and purpose of the law, and to have formed an independent, conscientious and competent expert opinion thereon

When

contemporaneous

construction

disregarded

• When there is no ambiguity in the law.

• If it is clearly erroneous, the same must be declared null and void. Erroneous contemporaneous construction does not

preclude

correction

nor

create

rights;

in accordance with prior doctrines but also

exceptions

of protecting society from the improvidence and wantonness wrought by needless

The doctrine of estoppel does not preclude

correction of the erroneous construction by the officer himself by his successor or by the

upheavals in such interpretations and applications

court in an appropriate case.

In order

that it

will come within the

• An erroneous contemporaneous construction creates no vested right on the part of those relied upon, and followed such construction.

Legislative interpretation

• Take form of an implied acquiescence to, or approval of, an executive or judicial construction of a statute.

• The legislature cannot limit or restrict the power granted to the courts by the constitution.

Legislative approval • Legislative is presumed to have full knowledge of a contemporaneous or practical construction of a statute by an administrative or executive officer charged with its enforcement.

• The legislature may approve or ratify such contemporaneous construction.

• May also be showmen by the legislature

appropriating money for the officer designated to perform a task pursuant to

interpretation of a statute.

• Legislative ratification is equivalent to a mandate.

Reenactment

• Most common act of approval.

• The re-enactment of a statute, previously

given a contemporaneous construction is persuasive indication of the adoption by the

legislature of the prior construction.

• Re-enactment if accorded greater weight and respect than the contemporaneous construction of the statute before its ratification.

Stare decisis

• Judicial interpretation of a statute and is

of greater weight than that of an executive or administrative officer in the construction of other statutes of similar import.

• It is an invaluable aid in the construction or interpretation of statutes of doubtful meaning.

Stare decisis et non quieta movere one

should follow past precedents and should

not disturb what has been settled.

• Supreme Court has the constitutional duty

not only of interpreting and applying the law

doctrine of stare decisis, must be categorically stated on an issue expressly raised by the parties; it must be a direct ruling, not merely an obiter dictum

Obiter dictum opinion expressed by a

court upon some question of law which is not necessary to the decision of the case before it; not binding as a precedent

• The principle presupposes that the facts of the precedent and the case to which it is applied are substantially the same.

• Where the facts are dissimilar, then the

principle of stare decisis does not apply.

• The rule of stare decisis is not absolute. It does not apply when there is a conflict between the precedent and the law.

• The duty of the court is to forsake and

abandon any doctrine or rule found to be in violation of law in force

• Inferior courts as well as the legislature cannot abandon a precedent enunciated by the SC except by way of repeal or amendment of the law itself

WEEK 10 & 11 4. LAW CONSTRUED AS A WHOLE AS A WHOLE UT MAGIS VALEAT QUAM PEREAT-- the Constitution has to be interpreted as a whole.

-One title. Provisions are assumed drafted as harmonized as one entire body of law. It should be interpreted in its entirety.

Primarily Textual interpretations

5. LAW CONSTRUED IN RELATION TO ANOTHER STATUTE (IN PARI MATERIA RULE)

Statutes are in pari materia when they relate to the same person or thing or to the same class of persons or things, or object, or cover the same specific or particular subject matter.

It is axiomatic in statutory construction that

a statute must be interpreted, not only to be

consistent with itself, but also to harmonize with other laws on the same subject matter, as to form a complete, coherent and intelligible system. The rule is expressed in the maxim, interpretare et concordare

legibus est optimus interpretandi, or every

statute must be so construed and harmonized with other statutes as to form a uniform system of jurisprudence.

Interpret in harmony with each other. In pari materia means same statute, with same subject matter & scope (Oyales)

or irreconcilable/incompatible/inconsistent statutes or differences, carve out from general provisions to specific exceptions. Check if there is implied repeal. Implied repeal happens when there is another legislative act which is repugnant and irreconcilable. The later statute prevails because it has the latest legislative intent.

reconcile

To

harmonize

6. GENERALIA SPECIALIBUS NON DEROGANT (A special law does not nullify a special law.)

♥ General law does not repeal special law, generally

A general law on a subject does not operate

to repeal a prior special law on the same subject, unless it clearly appears that the legislature has intended by the later general act to modify or repeal the earlier special law.

Presumption against implied repeal is

stronger when of two laws, one is special and the other general and this applies even though the terms of the general act are broad enough to include the matter covered by the

special statute.

Generalia specialibus non derogant a

general law does not nullify a specific or special law

The legislature considers and makes

provision for all the circumstances of the particular case.

Reason why a special law prevails over a general law: the legislature considers and makes provision for all the circumstances of the particular case.

General and special laws are read and

construed together, and that repugnancy between them is reconciled by constituting the special law as an exception to the general law.

General law yields to the special law in the specific law in the specific and particular subject embraced in the latter.

Applies irrespective of the date of passage of the special law.

♥ Application of rule Sto. Domingo v. De los Angeles The court invariably ruled that the special law is not impliedly repealed and constitutes an

exception to the general law whenever the legislature failed to indicate in unmistakable terms its intent to repeal or modify the prior special act.

7.

ABROGANT

LEGES

POSTERIORESCONTRARIAS

REPEAL

♥ Power to repeal

Power to repeal a law is as complete as the power to enact one.

The legislature cannot in and of itself enact

irrepealable laws or limit its future legislative

acts.

♥ Repeal, generally

Repeal: total or partial, express or implied

Total repeal revoked completely

Partial repeal leaves the unaffected portions of the statute in force.

A particular or specific law, identified by its number of title, is repealed is an express repeal.

All other repeals are implied repeals.

Failure to add a specific repealing clause

indicates that the intent was not to repeal

any existing law, unless an irreconcilable inconsistency and repugnancy exist in the terms of the new and old laws, latter situation falls under the category of an implied repeal.

Repealed

subsequent laws.

only

by

the

enactment

of

The change in the condition and circumstances after the passage of a law which is necessitated the enactment of a statute to overcome the difficulties brought about by such change does not operate to repeal the prior law, nor make the later statute so inconsistent with the prior act as to repeal it.

♥ Repeal by implication

Where a statute of later date clearly reveals

an intention on the part of the legislature to

abrogate a prior act on the subject, that intention must be given effect.

There must be a sufficient revelation of the legislative intent to repeal.

Intention to repeal must be clear and manifest

General rule: the latter act is to be

construed as a continuation not a substitute for the first act so far as the two acts are the same, from the time of the first enactment.

Two categories of repeals by implication

Where provisions in the two acts on the

same subject matter are in an irreconcilable conflict and the later act to the extent of the conflict constitutes an implied repeal of the earlier.

If the later act covers the whole subject of

the earlier one and is clearly intended as a substitute, it will operate similarly as a repeal of the earlier act.

♥ Irreconcilable inconsistency Implied repeal brought about by irreconcilable repugnancy between two laws takes place when the two statutes cover the same subject matter; they are so clearly inconsistent and incompatible with each other that they cannot be reconciled or harmonized and both cannot be given effect, once cannot be enforced without nullifying the other.

Implied repeal earlier and later statutes should embrace the same subject and have the same object.

In order to effect a repeal by implication,

the later statute must be so irreconcilably inconsistent and repugnant with the existing law that they cannot be made to reconcile and stand together.

It is necessary before such repeal is

deemed to exist that is be shown that the statutes or statutory provisions deal with the same subject matter and that the latter be inconsistent with the former.

the fact that the terms of an earlier and

later provisions of law differ is not sufficient to create repugnance as to constitute the

later an implied repeal of the former.

Irreconcilable inconsistency between to

laws embracing the same subject may also exist when the later law nullifies the reason or purpose of the earlier act, so that the latter law loses all meaning and function.

Smith, Bell & Co. v. Estate of Maronilla

A prior law is impliedly repealed by a later

act where the reason for the earlier act is beyond peradventure removed.

Repeal by implication based on the

cardinal

rule

that

in

the

science

of

jurisprudence, two inconsistent laws on the

same subject cannot co-exist in one jurisdiction.

There cannot be two conflicting law on the same subject. Either reconciled or later repeals prior law.

Leges posteriores priores contrarias

abrogant (a later law repeals the prior law

on the subject which is repugnant thereto)

Implied repeal by irreconcilable inconsistency takes place when two statutes cover the same subject matter, they are so clearly inconsistent and incompatible with each other that they cannot be reconciled or harmonized, and both cannot be given effect, that one law cannot be enforced without nullifying the other.

♥ Repeal by implication not favored

Presumption is against inconsistency or repugnancy and, accordingly, against implied repeal

Legislature is presumed to know the

existing laws on the subject and not to have enacted inconsistent or conflicting statutes.

A construction which in effect will repeal a statute altogether should, if possible, be rejected.

In case of doubt as to whether a later

statute has impliedly repealed a prior law on

the same subject, the doubt should be resolved against implied repeal.

As between two laws, one passed later prevails

Leges posteriors priores contrarias

abrogant (later statute repeals prior ones which are not repugnant thereto.) Applies even if the later act is made to take effect ahead of the earlier law.

As between two acts, the one passed later

and going into effect earlier will prevail over one passed earlier and going into effect later.

Whenever two statutes of different dates

and of contrary tenor are of equal theoretical

application to a particular case, the statute of later date must prevail, being a later expression of legislative will.

The later law repeals an earlier one because it is the later legislative will.

Presumption: the lawmakers knew the

older law and intended to change it.

In enacting the older law, the legislators

could not have known the newer one and could not have intended to change what they did not know.

CC: laws are repealed only by subsequent

ones, not the other way around.

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