 Art 9, NCC – A judge cannot decline to render judgement by reason of the silence obscurity or insufficiency of the laws

o In case of silence, obscurity or insuffiency of the, a judge may still be guided by the following:
 Customs which are not contrary to law, public order or public policy
 Court decisions, foreign or local in similar cases
 Legal opinions of qualified writers and professors
 General principles of justice and equity
 Rules of statutory construction
 Nulla poena sine lege – there is no crime when there is no law punishing it
 Application of laws – the court should discover the real intent and purpose of the legislature
o If these can be discovered within the law, it is the duty of the court to carry out that intention
o If not, the court shall be guided by extrinsic aids
 Art. 10, NCC – it is the duty of the judge to apply the without fear or favor. In case of doubt in the interpretation/ application of the laws, it is presumed that the
lawmaking body intended right and justice to prevail
 Some of the rules in statutory construction
o When the law and its meaning is clear and unmistakable, there is no need to interpret it any further
o When the construction or interpretation is necessary, the court should interpret the law according to the meaning the legislature intended to give it;
o If there are 2 possible interpretations of a law, that which will achieve the ends desired by congress should be adopted
o Laws of pleading, practice, practice and procedure are likely liberally construed in order to promote their object and to assist the parties in obtaining just,
speedy, and inexpensive determination of every action and proceeding
o In case of doubt in the interpretation and application of laws and when all other rules of statutory construction fail, it is presumed that the lawmaking body
intended right and justice to prevail

1
PRELIMINARY CONSIDERATIONS

 Statutory construction
o In our jurisdiction
 Art or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given
case, where the intention of the authors of the law
o Justice Martin
 Art of seeking the intention of the legislature in enacting a statute and applying it to a given state of facts
o A judicial function is required when a statute is invoked, and different interpretations are in contention
o Difference between judicial legislation and statutory construction: Where legislature attempts to do several things one which is invalid, it may be discarded
if the remainder of the act is workable and in no way depends upon the invalid portion, but if that portion is an integral part of the act, and its excision
changes the manifest intent of the act by broadening its scope to include subject matter or territory which was not included therein as enacted, such
extension is “judicial legislation” and not “statutory construction”
 Construction v. Interpretation

Construction Similarities Interpretation

 Extrinsic aids  To ascertain and  Intrinsic aids
 Drawing of conclusions with respect to subjects give effect to the  Process of discovering the true meaning of the
that are beyond the direct expression of the text legislative intent language used
from elements known and given in the text  One must  Art or process of discovering the true meaning of the
 May consist of contemporaneous circumstances, interpret first language used, that us, the meaning which the authors
policy, legislative history of the statute, before he of the law designed it to convey to others
contemporaneous or practical construction, construes  Limited to exploring the written text (title, preamble,
executive construction, legislative construction, words, phrases and sentences context, punctuation,
judicial construction and construction by the bar headings and marginal notes, legislative definitions and
and legal commentators interpretations clauses)
 Process of drawing warranted conclusions  Art of finding out the true sense of any form of words
 Spirit of the law that the author wants other to convey which is just the
same with his idea
 Letter of the law

 Situs (position/ site) of construction and interpretation

o Under the principle of checks and balances, courts may declare legislative measures or executive acts unconstitutional
o Where the judicial power shall be vested
 Supreme court – one and only constitutional court
 Lower courts – statutory courts; one established by statute
o Art. VII, Sec 1 – judicial power includes the duty of the Courts of Justice to settle actual controversies involving rights which are legally demandable and
enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the government
o To interpret the law to its true intent
 Duty of the Courts to construe and interpret the law
o Requisites
 There must be an actual case or controversy, meaning, a case brought to the court by party litigants to hear and settle their disputes. If there
is no case or controversy, there is no way for the court to construe or interpret a law
 There is ambiguity in the law involved in the controversy. Meaning the law involved is susceptible of 2 or more interpretations
 Ambiguity – condition of admitting two or more meaning, of being understood in more than one way, or of referring to 2 or more
things at the same time
o Where the law speaks in clear and categorical language, there is no room for interpretation, vacillation, or equivocation, there is room only for application
o When the law is clear, it is not susceptible of interpretation. It must be applied regardless of who may be affected, even if the law may be harsh or
erroneous
o The first and fundamental duty of the courts is to apply the law
o The duty of the courts is to apply the law disregarding their feeling of sympathy or pity for the accused
 Power to construe
o Construction is a judicial function
 The legislative and executive department, by enacting and enforcing a law, may construe or interpret the law, it is the court that has the final
word as to what the law means
 SC – construes the applicable law in controversies which are ripe for judicial resolution
 But refrains where the case has been moot and academic (case will be dismissed)
o Moot and academic
 When its purpose has become stale or where no practical relief can be granted, or which can have no
practical effect
 However, notwithstanding its mootness, the Court may nonetheless resolve the case and construe the
applicable law “if it is capable of repetition, yet evading review,” specially where public interest requires its
resolution or where rendering a decision on the merits would be of practical value
o The court does not, interpret the law in a vacuum
 Vacuum – hypothetical cases; rule, moot and academic cases
o Laws are interpreted always in the context of the peculiar factual situation of each case
 peculiar factual situation
 time
 place
 event
 person
 attendant circumstances and actions before, during and after the operative fact
o Legislature cannot overrule judicial construction
 May indicate the construction of a statute in the form of a resolution or declaratory act, it cannot preclude the courts from giving the statute a
different interpretation
o When judicial interpretation may be set aside

2
  The interpretation of a statute or a constitutional provision by the courts is not so sacrosanct as to beyond modification or nullification. The
SC itself may, in appropriate case, change or overrule its previous construction
 Amendment of constitution
 Modify or nullify a judicial interpretation of a particular law
 The rule: “the SC has the final word in the interpretation or construction of a statute,” merely means that the legislature cannot, by law or
resolution, modify, or annul the judicial construction without modifying or repealing the very statute which has been the subject of construction
 It can and it has done so, by amending or repealing the statute, the consequence of which is that the previous judicial construction
of the statute is modified or set aside accordingly
o When court may construe a statute
 Since language may be used in more than one sense. What the legislature had actually in mind is not sometimes accurately reflected in the
statute. Doubt is then created, hence, construction is the means by which the court clarifies the doubt to arrive at the true intent of the law
o Condition sine qua non before the courts can construe statutes
o Court may not construe where statute is clear
 A meaning that does not appear nor is intended or reflected in the very language of the statute cannot be placed therein by construction
 An administrative agency tasked to implement a statute may not construe it by expanding its meaning where its provisions are clear and
ambiguous
o Verba legis or plain meaning rule
 Derived from the maxim index animi sermo est (speech is the index of intention)
 Verba legis non est recendendum – from the words of the statute there should be no departure
 Expresio unius est exclusion alterius – where a statute, by its terms, is expressly limited to certain matters, it may not, by interpretation or
construction be extended to others
o Rulings of SC part of legal system
 Has the final word in the interpretation of a statute or a constitutional provision
 By statutory fiat, rulings of the court of last resort applying or interpreting a statute become part of the statute itself
 Legis interpretato legis vim obtinet
 The authoritative interpretation of the Supreme Court 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 decises et non quieta novere (art. 8 NCC)
 Once the SC 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 cases where the facts are substantially the same
o Judicial rulings have no retroactive effect
 Lex prospicit, non respicit – the law looks forward not backward
 Rationale against retroactivity – divests rights that have already become vested; impairs the obligations of contracts
 No doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or revered except by SC
sitting en banc (prospectively)
 SC interpretation of a statute remains to be part of the legal system until SC overrules it and the new doctrine overruling the old is applied
prospectively in favor of persons who have relied on good faith
 Pro hac vice – for particular occasion only; a decision of this kind does not generally constitutue a precedent
o Court may issue guidelines in construing statute
 SC has the duty to formulate guiding and controlling constitutional principles, precepts, doctrines or rules
 SC final say on what the law is as it interprets it, the interpretation should be based not only on law but also on the facts obtaining in the
specific case resolved by the courts and not on future facts or circumstances
 Limitations on power to construe
o Courts may not enlarge nor restrict statutes (this will invade the legislative sphere)
 Expressium facit cessare tacitum – what is expressed puts an end to what is implied
 A legislative lacuna cannot be filled with judicial fiat
o Courts not to be influences by questions of wisdom
 As long as laws do not violate the Constitution, the courts merely interpret and apply them regardless of whether or not they are wise or
salutary
 However, courts/ judiciary may recommend to the authority or department concerned its amendment, modification or repeal
 Legislature – primarily the judge of the necessity, adequacy, wisdom, reasonableness and expediency of any law
 Different kinds of construction and interpretation
o Hermeneutics – science of art of construction and interpretation
o Legal hermeneutics – systematic body of rules which are recognized as applicable to the construction and interpretation of legal writings
o Different kinds of interpretation (by Dr. Lieber) (PLEFEC)
 Predestined interpretation
 Takes place if the interpreter, laboring under a strong bias of mind, makes the text subservient to his preconceived views and
desires
 Includes artful interpretation by which the interpreter seeks to give a meaning to the text other than the one he knows to have
been intended
 Limited or restricted interpretation
 When we are influenced by other principles than the strictly hermeneutic ones
 Extensive interpretation
 A.k.a liberal interpretation
 Adopts a more comprehensive signification of the words
 Free or unrestricted interpretation
 Proceeds simply on the general principles of interpretation in good faith, not bound by any specific or superior principle
 Extravagant interpretation
 Substitutes a meaning evidently beyond the true one; not genuine interpretation
 Close interpretation
 A.k.a literal interpretation
 Is adopted if just reasons connected with the character and formation of the text induce as to take the words in their narrowest
meaning; generally called: “literal”
 Subjects of Construction and interpretation
o Most common subjects of construction and interpretation
 Constitution
 Statutes

3
  Ordinances
 Etc.
 Resolutions
 Executive orders
 Department circulars

STATUTES

 Definition of statutes
o Act of the legislature as an organized body, expressed in the form and passed according to the procedure, required to constitute it as part of the law of
the land
o Passed by
 Legislature
 The Philippine Commission
 The Philippine Legislature
 Batasang Pambansa
 Congress of the Philippines
 President
 Presidential decrees
 Executive orders
o Depends on substance rather than on form
 Public statute – affects the public at large or the whole community
 General law applies to the whole state and operates throughout the state alike upon all the people or all of a class
o Embraces a class of subjects or places does not omit any subject or place naturally belonging to such class
 Special law – relates to particular persons or things of a class or to a particular community, individual or thing
 Local law – one whose operation is confined to a specific place or locality
 Municipal ordinance
 Private statute – applies to a specific person or subject
 Legislative procedures
o Art. VI, Sec 1 Consti- the legislative power(to make,alter,and-repeal-laws) shall be vested in the Congress of the Phil. Which shall consist of a senate and a House
of Representatives, except to the extent reserved to the people by the provision of initiative and referendum
o Statute law – broader than statute
 Includes statute = judicial interpretation and application of the enactment
 Steps on how a bill becomes a law
Bill Draft Act Statute
Draft of proposed law Proposed law before it is enacted Has been acted on and passed by Written will of the legislature
into law by a vote of the legislative the legislature solemnly expressed according to the
From intro in legislative body through body form necessary to constitute it as the
all the various stages in both houses law of the State

o A member of the National Assembly may introduce the proposed bill to the Secretary of National Assembly who will calendar the same for the first reading
o 1st reading – number and title of the bill
o Referral to the appropriate committee for study and recommendation
 Appropriate committee will conduct public hearings
 Must call all the necessary parties, persons, organizations or sectors of societies involved to obtain their reactions and feelings
on the proposed bill.
o Committee shall decide WON to report the bill favorably or whether a substitute bill should be considered
 Should there be an unfavorable report of the committee, then the proposed bill is dead
o Upon, favorable action by the appropriate committee, the bill is returned to the National Assembly and shall be calendared for the 2nd reading
o 2nd reading – bill shall be read in full
o Immediately after the 2nd reading, the bill is set for open debates where members of the assembly may propose amendments and insertions to the
proposed bill.
 After the amendments and insertions to the proposed bill, the ideal bill as conceived by the author may no longer be an ideal bill or vice versa,
i.e., it may become a better bill after deliberations and debates which should be the proper case
o After the approval of the bill in its 2nd reading and at least 3 calendar days before its final passage, the bill is printed in its final form and copies thereof
distributed to each of the members of the National Assembly, unless the Prime Minister (President under the present system) certifies in writing as to the
necessity of the immediate enactment of the bill to meet a public calamity or emergency
 Art. VI, Sec. 26 (2), 1987 Consti
o The bill is then calendared for the 3rd and final reading
 No amendment is allowed
 Only the title of the bill is read and the National Assembly will then vote on the bill
 Yeas and nays are entered in the journal
 Art. VI, Sec. 2 1987 Consti)
 No bill shall be 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
 It appears that only a majority of the members present constituting a quorum is sufficient to pass the bill
 Quorum – sufficient number of members of National Assembly or Congress to transact its daily business.
o Usually 51% of the number of the body or 50% plus 1 depending on their internal rules
o If the NO VOTE WINS, the proposed bill is dead
 After the 3rd and final reading at one House where the bill originated, it will go to the other House where it
will undergo the same process, meaning another 3 readings on separate days
 Compromise bill – If there is variance in the proposed in the proposed bill by the House of Representatives
and the Senate version of the bill, it may pass through the powerful bicameral conference committee which
can introduce amendments to suit both houses of Congress
 The original bill conceived by the original author may no longer be his proposed bill
o After the bill has been finally passed, it will be submitted to the Prime Minister (President) for his approval. If he approves the same, he shall sign it,
otherwise, he shall veto it and return the same with is objections to the National Assembly (House where it originated) and, if approved by two-thirds of
all its members, shall become a law.

4
  Art. VI, Sec. 27(1), 1987 Consti – every, bill passed by Congress shall be acted upon by the President; there can be no presidential inaction
or pocket veto under our consti
 Authentication of bills
o Lawmaking process in Congress ends when the bill is approved by the body
 Indispensable to the validity of the bill
o Before an approved bill is sent to the President for his consideration as required by the Constitution, the bill is authenticated
 Authentication – signing by the Speaker and the Senate President of the printed copy of the approved bill, certified by the respective
secretaries of the both Houses, to signify to the President that the bill being presented to him has been duly approved by the legislature and
is ready for his approval or rejection
o Withdrawal of authenticity
 The speaker and the President of the Senate may withdraw their respective signatures from the signed bill where there is serious and
substantial discrepancy between the text of the bill as deliberated in the legislature and shown by the journal and that of the enrolled bill.
 Without attestation and nullifies its status as an enrolled bill
 The bill is no longer accorded absolute verity as regarded its text and the entries in the journal should be consulted
 Where the journal discloses that substantial amendments were introduced and approved but were not incorporated in the printed text sent to
the President for signature, the court can declare that the bill has not been duly enacted and did not accordingly become a law.
 Enrolled bill
Passed by Congress Authenticated by Approved by the President
- Speaker (binding to the courts)
- Senate Pres.

o Principle of the enrolled bill

 The text act as passed and approved is deemed importing absolute verify and is binding on the courts
 Signing of a bill by the Speaker of the House and the Senate President and the certification of the Secretaries of both Houses of Congress
that it was passed are conclusive of its due enactment
o Carries on its face a solemn assurance by the legislative and executive departments of the government, charged respectively with the duty of enacting
and executing the laws, that it was passed by the assembly. The respect due to co-equal and independent departments requires the judicial department
to act upon that assurance, and to accept, as having passed the assembly, all bills duly authenticated.
o 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
o Legislative journals and enrolled bill – both conclusive upon the courts
 In case of discrepancy – enrolled bill prevails
 Constitutional test in the passage of a bill
o Constitutional limitations or prohibitions in the enactment of a statute
 No ex post facto law
 No bill of attainder
o One subject one title (Art. VI, Sec. 26(1), 1987 Consti)
 To prevent
 Hodge podge/ Log-rolling legislation – to prevent insertion of riders in legislation
o Rider – provision not germane to the subject matter of the bill
 Surprise or fraud upon the legislature
 To fairly apprise the people
o Through such publications of legislative proceedings as is usually made, of subjects of legislation that are being
considered, in order that they may have opportunity of being heard thereon by petition or otherwise, if they shall so
desire.
o Three reading on separate days, and printed copies thereof in its final form have been distributed to each member three days before its passage, upon
the last reading of a bill, no amendment rule (Art. VI, Sec. 26(2), 1987 Consti)
 It is within the power of Conference Committee to include in its reports entirely new provisions
 Art. VI, Sec. 26(2), 1987 Consti – refers only to bills introduced for the first time in either house of Congress, not be the conference committee
report
 No amendment rule – refers only to the procedure to be followed by each house of Congress with regard to bills initiated in each
of said respective houses, before said bill is transmitted to the other house for its concurrence or amendment
 Reason: to prevent hasty and improvident legislation and afford the legislators time to study and deliberate the measures
 Exception: when the president certifies to the necessity of its immediate enactment to meet a public calamity or emergency
o Executive approval and veto power of the President. (mandatory) – the 3rd important constitutional requirement in the mechanical passage of a bill
 Only when the President approves the bill = law
 Otherwise:
 Veto and return the same (with his objections) to the House where it originated
o Veto powers:
 Within 30 days after the date of receipt thereof; otherwise it shall become a law as if he had signed it
o Reconsideration: 2/3 of all the members of the House = law
 Parts of a statute (TPEBRSSE – Tall People Enjoy Big Roller Skates Since Eighties
o Title – heading on the preliminary part, furnishing the name by which the act is individually known.
 Usually prefixed to the statute in the brief summary of its contents
o Preamble – part of statute explaining the reason for its enactment and the object sought to be accomplished
 Usually starts with “whereas”
o Enacting clause – Declares its enactment and served to identify it as an act of legislation proceeding from the proper legislative authority.
 “Be it enacted” is the usual formula used to start this clause
o Body – main and operative part of the statute containing its substantive and even procedural provisions
 A.k.a known as the purview
 Provisos and exceptions may also be found
o Repealing clause – announces the prior statutes or specific provisions which have been abrogated by reason of the enactment of the new law
 Expressed most of the times instead of implied
o Saving Clause – restriction in a repealing act, which is intended to save rights, pending proceedings, penalties, etc. from the annihilation which would
result from an unrestricted repeal
o Separability clause – provides that in the event that one or more provisions are declared void or unconstitutional, the remaining provisions shall still be
in force
o Effectivity clause – announces the effective date of the law
 Kinds of statutes (General Special Local 4P 2RC JAM)

5
 o Public law – general classification of law
 concerned with the organization of the state
 relations between the state and the people who compose it
 responsibilities of public officers to the state to each other, and to private persons
 relations of states to one another (International law)
 Examples:
 Constitutional law
 Administrative law
 Criminal law
 May be:
 General law – one that affects the community at large
o Relates to a subject of a general nature, or that affects all people of the state or all of a particular class
 Special law – Different from others of the same general kind or designed for a particular purpose, or limited in range or confined
to a prescribed field of action on operation
 Local law – relates or operates over a particular locality instead of over the whole territory of the state
o Private law – defines, regulates, enforces and administers relationships among individuals, associations and corp.
o Penal statute- defined criminal offenses specify corresponding fines and punishments
o Prospective law- applicable only to cases which shall arise after its enactment
o Remedial law – means or method whereby causes of action may be effectuated, wrongs redressed, and relief obtained
o Retrospective law – looks backward or contemplates the past
 One which is made to affect acts or facts occurring, or rights occurring, before it came into force
o Curative Statute – retrospective legislation
 Reaches back into the past to operate upon past events, acts or transactions in order to correct errors and irregularities and to render valid
and effective many attempted acts which would otherwise be ineffective for the purpose intended
o Judicial Doctrine – judicial interpretation of a statute
 Constitutes part of the law as of the date it was originally passed since the Court’s construction
 Merely establishes the contemporaneous legislative intent that the interpreted law carried into effect
 Such judicial doctrine does not amount to the passage of a new law but consists merely of a construction or interpretation of a pre-existing
one.
o Affirmative statute – couched in affirmative or mandatory terms
 One which directs the doing of an act, or declares what shall be done in contrast to a negative statute which is one that prohibits a thing from
being done, or declares which shall not be done
o Mandatory statute – generic term = statutes which require and not merely permit a course of action
 Directives: “shall”
 Omission of which renders the related proceedings void
 Essence of the thing required to be done
 Concept of vague statutes
o Vague statutes = statutes which lacks comprehensible standards that men “of common intelligence must necessarily guess at its meaning and differ as
to its application.”
 Repugnant to the Consti
 Violates the due process for failure to accord persons:
o parties targeted by it
o Fair notice of the conduct to avoid
 Leaves law enforcers unbridled discretion in carrying out its provisions and becomes an arbitrary flexing of the Government
muscle
o Act must be utterly vague on its face, that is to say, it cannot be clarified by either a saving clause or by construction
o Must be distinguished from:
 Legislations couched in imprecise language, but which nonetheless specifies a standard though defectively phrased in which case, it may be
“saved” by proper construction
 Ambiguous statutes yet fairly applicable to certain types of activities
o Test in determining whether a criminal statute is void for uncertainty is:
 whether the language conveys a sufficiently definite warning as to the proscribed conduct when measured by common understanding and
practice
 “Vagueness” – requires a reasonable degree of certainty for the statute to be upheld – not absolute precision or mathematical exactitude, as
petitioner seems to suggest.
 An act will not be held invalid merely because it might have been more explicit in its wordings or detailed in its provisions, especially where,
because of the nature of the act, it would be impossible to provide all the details in advance as in all other statutes.
 Repeals of statute
o GENERAL RULE: the later act is to be construed as a continuation of, and not a substitute for, the first act and will continue so far as the tow acts are
the same from the time of the first enactment
 Exceptions: when there is an express or clear implication of repeal of a subsequent law
o Legislative intent – whether a law is repealed or not by a subsequent law
 Express repeal – abrogation or annulling of a previously existing law by the enactment of a subsequent statute which declares that the former
law shall be revoked and abrogated.
 Where lawmakers incorporated a repealing provision which expressly and specifically cites the particular law(s) and portions
thereof, that are intended to be repealed
 Declaration in the statute
o Usually in its repealing clause, that a particular and specific law, identified by its number or title, is repealed
 Implied repeal – when a later statute contains provisions so contrary to or irreconcilable with those of the earlier law that only one of the two
statutes can stand in force.
 2 categories of repeal by implication
o Where provision in the 2 acts on the same subject matter are in an irreconcilable conflict, the later act to the extent of
conflict constitutes an implied repeal of the earlier one
o If the later act covers the whole subject of the earlier one and is clearly intended as a substitute, it will operate to
repeal the earlier law
 Implied repeal by irreconcilable inconsistency
o Takes place when the 2 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 is that one law cannot
be enforced without nullifying the other
6
  Later enactment may relate to the same subject matter as that of an earlier statute is not of itself sufficient
to cause an implied repeal of the prior act, since the new statute may merely be cumulative or a
continuation of the old one. What is necessary is a manifest indication of legislative purpose to repeal
o The enactment of a statute revising or codifying the former laws on the whole subject matter
 Only possible if the revised statute or code was intended to cover the whole subject to be a complete and perfect system in itself.
 Subsequent statute is deemed to repeal a prior law if it revises the whole subject matter of the former statute.
 When both intent and scope clearly evince the idea of a repeal, then all parts and provisions of the prior act that are omitted from the revised
act are deemed repealed
 Before there can be an implied repeal under this category, it must be the clear intent of the legislature that the later act be the substitute to
the prior act.
o Rule of legal hermeneutics
 An act which purports to set out in full all that it intends to contain, operates as a repeal of anything omitted which was contained in the old
act and not included in the amendatory act
o A subsequent statute revising the whole subject matter of a former statute and evidently intended as a substitute for it, operates to repeal the former
statute. The revising statute is in effect a legislative declaration that whatever is embraced in the new statute shall prevail, and whatever is excluded
therefrom shall be discarded
o Repeal of penal laws = deprives the courts of jurisdiction to punish persons charged with a violation of the old penal law prior to its repeal
o Central Bank Circular cannot repeal a law
o Only a law can repeal another law
o Art. 7 NCC:
 Laws are repealed only by subsequent ones and their violation or non-observance shall not be excused by disuse, or custom or practice to
the contrary
 Ordinance – an act passed by the local legislative body in the exercise of its law-making authority
o Local legislative bodies who have thee authority to approve ordinances and pass resolutions for effective and efficient local governance
 Local Government Code of 1991
 The legislative bodies of the local government
o Sangguniang barangay (Sec. 390)
o Sangguniang bayan (Sec. 446)
o Sangguniang panlungsod (Sec. 457)
o Sangguniang panlalawigan (Sec. 467)
o Test of Valid Ordinance
 Substantive requirements
 Must not contravene the CONSTITUTION or any statute
o Why an ordinance should not contravene a statute:
 Municipal governments are only agents of the national government
 Delegate cannot be superior to the principal or exercise powers higher than those of the latter
 Local government units can undo the acts of Congress.
Constitution

Statutes – RA, PD, ADMIN LAWS

Ordinances

 Must not be UNFAIR OPPRESSIVE

 Must not be PARTIAL OR DISCRIMINATORY
 Must not be PROHIBIT BUT MAY REGULATE TRADE
 Must be GENERAL AND CONSISTENT WITH PUBLIC POLICY
 Must not be UNREASONABLE
 Role of foreign jurisprudence
o The views set forth in American decisions and authorities are not per se controlling in the Philippines, the laws of which must necessarily be construed
in accordance with the intention of its own lawmakers and such intent may be deduced from the language of each law and the context of other local
legislation related thereof
o Processual presumption – the presumption of identity or similarity
 comes into play when a foreign law was not properly pleaded or proved
o Where a foreign law is not pleaded, or even if pleaded, is not proved, the presumption is that foreign law is the same as ours.
 When laws take effect (laws/ statute, PD Issuances, rules and regulations, local ordinance)
 Manner of computing time
o Years – 365 days
o Months – 30 days
 If designated by name, they shall be computed by the number of days which they respectively have
o Weeks – 7 consecutive days regardless of the day of the week on which it begins
o Days- 24 hours
o Nights – sunset to sunrise
o Art. 13 NCC – first day excluded, last day included

BASIC GUIDELINES IN THE CONSTRUCTION AND INTERPRETATION OF LAWS

 Legislative intent –
o vital part, essence of the law; key to, controlling factor in, its construction or interpretation
o meaning and intention of the legislature
 must be sought first of all in the language of the statute itself
 Presumption: means employed by the legislature to express its will are adequate to the purposes and do express that will correctly
 Intent – spirit which gives life to legislative enactment
o Construction purposes: does not mean the collection of the subjective wishes, hopes and prejudices of each and every member of the legislature, but
rather the objective footprints left on the trail of legislative enactment
o In order to determine the true intent of the legislature the particular clauses and phrases of the statute should not be taken as detached and isolated
expressions, but the whole and every part thereof must be considered in fixing the meaning of any of its parts
o Legislative intent to determine principally from the language of the statute
o Verba intentioni, non e contra debent inservire – words should serve intentions not the reverse

7
  Verba legis or plain meaning rule
o If the language of the statute is plain and free from ambiguity, and expresses a single, definite, and sensible meaning, that meaning is conclusively
presumed to be the meaning which the legislature intended to convey. (The statute must be interpreted literally)
 Even though the court should be convinced that some other meaning was really intended by the law- making power, and even though the
literal interpretation should defeat the very purposes of the enactment, still the explicit declaration of the legislature is the law, and the courts
must not depart from it.
o When the language of the law is clear, it should be given its natural meaning
o Index animi sermo – speech is the index of mind
o Verbal egis non est recedendum – from the words of the statute there shall be no departure
o Absoluta sentential expositore non indigent – no absolute judgement or sentence need no expositor
o Dura lex sed lex – it is harsh but it is the law
o Hoc quidem perquam durum est, sed ital ex scripta est - This indeed is exceedingly hard, but so the law is written; such is the written or positive law
o Aequitas nunquam contravenit legis - fairness never contradicts the law
 Statute as a whole
o Legislative intent must be ascertained from a consideration of the statute as a whole and not merely of a particular provision
 A word or phrase might easily convey a meaning which is different from the one actually intended
 A general provision may actually have a limited application if read together with other provisions
 A provision or section, which is unclear by itself, may be clarified by reading and construing it in relation to the whole statute
 The statute must be considered as a whole, just as it is necessary to consider a sentence in its entirety in order to grasp its true meaning
 Thought conveyed by the statute in its entirety may reveal the inaccurate use of words
o When seeking the legislative intent, the court should construe all the constituent parts of the statute together, and seek to ascertain the legislative intention
from the whole act, considering every provision thereof in the light of the general purpose and object of the act itself, and endeavoring to make every part
effective, harmonious and sensible
o In interpreting a statute, care should be taken that every part be given effect
o Ut res magis valen quam pereat – construction is to be sought which gives effect to the whole of the statute – its every word.
 When a statute is susceptible of more than one interpretation, the court should adopt such reasonable and beneficial construction as will
render the provision thereof operative and effective and harmonious with each other.
o Ut res magis valeat quam pera - The Constitution is to be interpreted as a whole
 Spirit and purpose of the law
o When the interpretation of a statute according to the exact and literal import of its words would lead to absurd or mischievous consequences, or would
thwart or contravene the manifest purpose of the legislature in its enactment, it should be construed according to its spirit and reason, disregarding or
modifying, so far may be necessary, the strict letter of the law
 The courts have power to declare that a case which falls within the letter of a statute is not governed by the statute, because it is not within
the spirit and reason of the law and he plain intention of the legislature
o A construction that gives to the language used in a statute a meaning that does not accomplish the purpose for which the statute was enacted should be
rejected
o Between 2 statutory interpretations, that which better serves the purpose of the law should prevail
o Cessante ratione legis, cessat ipsa lex – When the reason of the law ceases, the law itself ceases
o Ratio legis est anima – the reason of the law is its soul
 Doctrine of necessary implications
o Implications
 Only necessary implication which may thus be read into the statute
 It must be one, which, under all the circumstances is compelled by a reasonable view of the statute, and the contrary of which would be
improbable and absurd.
 Implications cannot contradict expressed intent of the statute
 Intent as expressed must prevail over the intent reached by implication
 If the intent is expressed, there is nothing that can be implied
o What is implied in a statute is as much a part thereof as that which is expressed
o Every statute is understood, by implication, to contain all such provisions as may be necessary to effectuate its object and purpose, or to make effective
rights, powers, privileges or jurisdiction which it grants, including all such collateral and subsidiary consequences as may be fairly and logically inferred
from its terms
o Every statutory grant of power, right or privilege is deemed to include all incidental power, right or privilege
o Ex necessitate legis - From the necessity of law
o In eo plus sit, sunperinest et minus – the greater included the lesser (book)
o In eo quod plus sit, semper inest et minus - In the greater is always included the lesser (prospectus)
o Ex dolo malo non oritur actio - A right of action cannot arise out of fraud.
o Nullus commodum capere potest de injuria sua propria - No one shall take advantage of his own wrong
o In pari delicto potior est condition defendentis - When the parties are equally at fault, the defendant’s position is more compelling
o Quando aliquid prohibetur ex directo, prohibetur et per obliquum - When anything is prohibited directly, it is also prohibited indirectly.
 Casus omissus –
o When a statute makes specific provisions in regard to several enumerated cases or objects, but omits to make any provision for a case or object which
is analogous to those enumerated, or which stands upon the same reason, and is therefore within the general scope of the statute, and it appears that
such case or object was omitted by inadvertence or because it was overlooked or unforeseen
o Casus omissus pro omisso habendus est - A case omitted is to be held as intentionally omitted.
 Can operate and apply only if and when the omission has been clearly established
 Stare decisis
o When court 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 cases,
where facts are substantially the same, regardless of whether the parties and property are the same
o Stare decisis et non quieta movere – a point of law already established will, generally, be followed by the same determining court and by all courts of
lower rank in subsequent cases where the same legal issue is raised
o Follow past precedents and do not disturb what has been settled. Matters already decided on the merits cannot be relitigated again and again
o Interest reipublicae ut sit finis litium - in the interest of society as a whole, litigation must come to an end.
o Obiter dictum - a passage in a judicial opinion which is not necessary for the decision of the case before the court. Such statements lack the force
of precedent but may nevertheless be significant.

CONSTRUCTION AND INTERPRETATION OF WORDS AND PHRASES

 Ubi lex non distinguit, nec nos distinguere debemus - When the law does not distinguish, courts should not distinguish
o General words and phrases of a statute should ordinarily be accorded their natural and general significance

8
 o Bartolome v. SSS (Nov. 12, 2014)
 Exceptions in the statute
o Where the law does not make any exception, courts may not except something therefrom, unless there is a compelling reason apparent in the law to
justify it
 General and special terms
o General terms – to receive a general construction, unless restrained by the context or by plain inferences from the scope and purpose of the act
 General terms may be restricted by specific words, with the result that the general language will be limited by specific language which
indicates the statute’s object and purpose. The rule is applicable only to cases wherein except for one general term, all the items in an
enumeration belong to or fall under one specific class
o Special Terms – may sometimes be expanded to a general signification by the consideration that the reason of the law is general
o The rule that general and limited terms are restrained and limited by particular recitals when used in connection with them, does not require the rejection
of general terms entirely. It is intended merely as an aid in ascertaining the intention of the legislature and is to be taken in connection with other rules of
construction
o Generalia verba sunt generaliter intelligenda
o Generale dictum generaliter est interpretandum
 General terms following special terms
o General rule/ ejusdem generis rule: where general words follow an enumeration of persons or things, by words of a particular and specific meaning, such
general words are not to be construed in their widest extent, but are to be held as applying only to persons or things of the same general kind or class
as those specifically mentioned
 Broad and comprehensive expressions in an act, such as “and all other,” or “any others,” are usually to be restricted to persons or things “of
the same kind” or class with those specially named in the preceding words
 Merely a tool of statutory construction resorted to when legislative intent is uncertain
 Exception: where the legislative intent is plain to the contrary
o Ejusdem Generis (of the same kind or species)
o Requisites/ limitations
 Express mention and implied exclusion
o Expressio Unius Est Exclusio Alterius – express mention of one person, thing or consequence is tantamount to an express exclusion of all others
 Anything that is not included in the enumeration is excluded therefrom and a meaning that does not appear nor is intended or reflected in
the very language of the statute cannot be places therein
 Legislature would not have made specific enumeration in a statute if it had the intention not to restrict its meaning and confine its terms to
those expressly mentioned
o Expressum facit cessare tacitum
o Exception firmat regulam in casibus non exceptis
 Associated words – explain and limit each other
o When a word used in a statute is ambiguous or vague, its meaning may be made clear and specific by considering the company in which it is found
and the meaning of the terms which are associated with it
o When a particular word is equally susceptible of various meanings, its correct construction may be made specific by considering the company of terms
in which it is found or with which it is associated
o Noscitur a sociis – the word “suspension” should be given the same sense as the other words with which it is associated.
 Doctrine of last antecedent
o Reddendo singular singulis
 Use of negative/ affirmative words
o Negative words and phrases regarded as mandatory while those in the affirmative are mere directory
o Angel Naval v. COMELEC (July 8, 2014)
 The use of the term “and” and the word “or”

Mandatory and Directory Statutes

 The use of “may” and “shall” in the statute

o May – permissible; directory in nature and not mandatory
 May not – mandatory in tenor
 Directory word qualified by the word “not” becomes prohibitory and therefor becomes mandatory in character
o Shall – imperative; imposing a duty which may be enforced
o Cocofed v. COMELEC (Aug. 6, 2013)
o Office of the Ombudsman v. de Sehagun et al (Aug. 13, 2008)
 Use of the word “must”
o Must – not always imperative and may be consistent with an exercise of discretion
o Hacienda Luisita v. PARC (July 5, 2011)
 Use of the word “and” and the word “or”
o And – conjunction
 Connecting words or phrases expressing the idea that the latter is to be added to or taken along with the first
o Or – disjunctive principle
 Express alternative or to give choice of one among two or more things
 Also used to clarify what has already been said, and in such cases, means “in other words,” “to wit” or “that is to say”
 Alternative between different or unlike things
 Only – exclusive
 Function of the proviso/ exceptions and saving clauses
o Proviso – clause or part of a clause in the statute
 The office of which is either to except something from the enacting clause, or to qualify or restrain its generality, or to exclude some
possible ground of misinterpretation of its extent
 “provided” – used in introducing a proviso

PRESUMPTIONS IN AID OF CONSTRUCTION AND INTERPRETATION

 General rule
o if the language of the law is clear, courts should not resort to presumptions.
 In case of doubt:
o to presume that the intention of the legislature was to enact a valid, sensible and just law
 Presumption against unconstitutionality

9
 o To justify nullification of a law, there must be a clear and unequivocal breach of the constitution, not a doubtful and argumentative implication; a law shall
not be declared invalid unless the conflict with the constitution is clear and beyond reasonable doubt
o ARIS (PHIL.), INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.
 Facts:
 Private respondents were dismissed for violation of company rules and regulations for lodging protest against their management
concerning their work surroundings, which led them to file illegal dismissal against the petitioner with the NLRC.
 Labor arbiter then ruled in favor of the private respondents with order of reinstatement etc. Hence, private respondents then move
for the issuance of a writ of execution pursuant Sec. 12 of R. A. No. 6715
 Issue: WON Sec. 12 of R. A. No. 6715 is constitutional?
 Held: Yes. Preservation of the lives of the citizens is a basic duty of the State, that is more vital than the preservation of corporate profits
o All laws are presumed valid and constitutional until or unless otherwise ruled by the Court
o The burden of proving the invalidity of a law rests on those who challenge it.
o In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail
o A law should not be interpreted so as to cause an injustice
o The theory is that, as the joint act of the legislative and executive authorities, a law is supposed to have been carefully studied and determined to be
constitutional before it was finally enacted.
 Presumption against injustice
o The law should never be interpreted in such a way as to cause injustice as this never within the legislative intent
o We interpret and apply the law in consonance with justice
o Judges do not and must not unfeelingly apply the law as it is worded, yielding like robots to the literal command without regard to its cause and
consequence
 Presumption against implied repeals
o General rule: repeals of laws by implication is not favored and that courts must generally assume their congruent application
 Presumption: legislature know the existing laws on the subject and not to have enacted inconsistent or conflicting statutes
o Absolute incompatibility + clear finding thereof = implied repeal
o Interpretare et concordare leqibus est optimus interpretendi
 Every statute must be so interpreted and brought into accord with other laws as to form a uniform system of jurisprudence.
o All efforts must be exerted in order to harmonize and give effect to all laws on the subject
o In order to affect a repeal by implication
 The later statute must be irreconcilably inconsistent and repugnant with the existing law that they cannot be made to reconcile and stand
together
o In the absence of an express repeal, a subsequent law cannot be construed as repealing a prior law unless an irreconcilable inconsistency and
repugnancy exists in the terms of the new and old laws.
o Repeals of statute by implication not favored, and will not be decreed unless it manifest that the legislature so intended
 Presumption against ineffectiveness
o It is presumed that the legislature intends to impart to its enactments such a meaning as will render them operative and effective, and to prevent persons
from eluding or defeating them.
 In case of any doubts or obscurity, the construction will be such as to carry out those objects
o In the interpretation of a statute, the court should start with the assumption that the legislature intended to enact an effective statute
 Presumption against absurdity
o Statutes must receive a sensible construction such as will give effect to the legislative intention so as to avoid an unjust or absurd conclusion.
o Presumption against undesirable consequences were never intended by a legislative measure
 Presumption against violation of international law
o Declaration of State Policies: Art. 2, Sec. 2, 1987 Constitution
 Philippine as a democratic and republican state adopts the generally accepted principles of international law as part of the law of the land
and adheres to the policy of peace, equality, justice, freedom, cooperation and amity with all nations
o It is not for this country to repudiate a commitment to which it had pledged its word
o The receiving state is under a special duty to take appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent
any disturbance of the peace of the mission or impairment of its dignity.

INTRINSIC AIDS IN INTERPRETATION

 Intrinsic
o internal or within
o aids within the statute
o Should be resorted only if there is ambiguity in the statute
o Includes the dff. Parts of the statute
 Title and subtitle of the law are valuable intrinsic aids in determining legislative intent
 Text of the statute
 Preamble as intrinsic aid
o The intent of the law as culled from its preamble and from the situation, circumstances and conditions it sought to remedy, must be enforced
o Preamble used as a guide in determining the intent of the lawmaker
o Atty. Risos- Vidal v. Comelec (Jan. 21, 2015)

EXTRINSIC AIDS IN CONSTRUCTION

 Extrinsic aids
o Existing aids from outside sources, meaning outside of the four corners of the statute
o If after availing all intrinsic aids and still there remain some ambiguity in the statute, then extrinsic aids may be consulted
o Those extrinsic aids are:
 History of the enactment of the statute
 Opinions and rulings of officials of the government called upon to execute or implement administrative laws
 Contemporaneous construction by executive officers
 Actual proceedings of the legislative body
 Individual statements by members of congress
 The author of the law
 Explanatory note of the bill
 Reports and recommendations of legislative committees
 Public policy

10
  Judicial construction
 Construction by the bar
o It is a well-accepted principle that where a statute is ambiguous, courts may examine both the printed pages of the published Act as well as those extrinsic
matters that may aid in construing the meaning of the statute, such as the history of its enactment, the reasons for the passage of the bill and purposes
to be accomplished by the measure.
o Opinions and rulings of officials of the government called upon to execute or implement administrative laws command much respect and weight.
o Contemporaneous construction placed upon a statute by executive officers charged with implementing and enforcing the provisions of the statutes should
be given controlling weight, unless such interpretation is clearly erroneous.
o Courts may avail themselves of the actual proceedings of the legislative body to assist in determining the construction of a statute of doubtful meaning.
o In case of doubt as to what a provision of a statute means, the meaning put to the provision during the legislative deliberations may be adopted
o Individual statements by members of Congress on the floor do not necessarily reflect legislative intent.
o Courts may resort to the explanatory note to clarify the ambiguous and ascertain the purpose and intent of the statute
 Stare decisis

STRICT AND LIBERAL CONSTRUCTION AND INTERPRETATION OF STATUTES

General Principles
 If the language is clear, it is conclusive of the legislative intent, for the object of all construction is simply to ascertain that intent, and, of course, the rule of strict
construction is subordinate thereto
o Subordinate rule
 Strict Construction – confined within the letter of the statutes as well as within its spirit or reason
 Liberal Construction – any matter within the statute’s meaning may be included within the statute’s scope unless the language necessarily
excludes it
 Liberal construction/ interpretation – applies in proper cases and under justifiable causes and circumstances
 Guidelines: liberal or strict construction (Sutherland)
o The former law on the matter
o Person or rights with which it deals
o The letter or language of the law
o The purposes and objects of the statute
 Philippine Jurisdiction
o Some of our laws expressly provide whether there should be liberal or strict construction
 Art 4 Labor Code: Doubts in the implementation and interpretation, including its implementing rules and regulations = in favor of labor
 Local Government Code of 1991
 Rules of interpretation
o Power of Local Government = liberal interpretation
o Tax ordinance or revenue measure = strict interpretation against the local government unit enacting it
o liberally in favor of taxpayer
o Tax exemption, incentive, relief granted by any local government unit = construed strictly against the person claiming
it
o General Welfare provisions = liberal interpretation
 1997 Rules of Civil Procedure = Liberal Construction
 COMELEC = Liberal construction
Statutes strictly construed
 Penal Statutes
o Penal laws are to be construed strictly against the state and in liberally favor of the accused
o Acts in and of themselves innocent and lawful cannot be held to be criminal unless there is a clear and unequivocal expression of the legislative intent
to make them such.
o Whatever is not plainly within the provisions of the penal statute should be regarded as without its intendment
 Tax Laws
o General rule: power to tax is an incident of sovereignty and is unlimited in its range, acknowledging in its very nature no limits, so that security against
its abuse is to be found only in the responsibility of the legislature which imposes the tax on the constituency who are to pay it.
o Constitution: rule of taxation – shall be uniform and equitable and Congress shall evolve a progressive system of taxation
o Tax statutes (exemptions) should be construed strictly against the government and liberally in favor of the taxpayer
o Granting tax exemptions
 The law frowns against exemptions from taxation and statutes granting tax exemptions are thus construed in strictissimi juris against the
taxpayer and liberally in favor of the taxing authority
 A claim of exemption from tax payments must be clearly shown and based on language in the law too plain to be mistaken
 However, if the grantee of the exemption is a political subdivision or instrumentality, the rigid rule of construction does not apply
because the practical effect of the exemption is merely to reduce the amount of money that has to be handled by the government
in the course of its operations
o Power of tax
 Congress
 Local legislative bodies – Art. X, Sec. 5 Consti
 Subject to such guidelines and limitations of the Congress
 Must be consistent with the basic policy of local autonomy
 Insurance law- against the insurer
o Contracts of insurance are to be construed liberally in favor of the insured and strictly against the insurer
 Expropriation laws
 Statutes granting privileges
 Legislative grants for LGU
 Statutory grounds for removal of officials
 Statutes concerning sovereign
 Statutes authorizing suits against government
 Statutes prescribing formalities of will
 Exceptions and provisos

Statutes liberally construed

 Naturalization law
o Should be rigidly enforced and strictly construed in favor of the government and against the applicant
 Labor and social legislations
o The liberal construction and interpretation of labor laws may not be applied where the pertinent provisions of the Labor Code and PD 626 are clear and
leave no room for interpretation
o The official agents charged by law to implement social justice guaranteed by the Constitution should adopt a liberal attitude in favor of the employee in
deciding claims for compensability.

11
 oDoubts in interpretation of Workmen’s Compensation and Labor Code should be resolved in favor of the worker
oSocial legislations = liberally construed
 Before/ after work accidents = work related
o The sympathy of the law on social security is towards its beneficiaries and the law by its own terms, requires a construction of utmost liberality in their
favor
 Retirement laws
o Liberally interpreted in favor of the retiree because the intention is to provide for the retiree’s sustenance and comfort, when he is no longer capable of
earning his livelihood
 Election laws
o Liberally construed to the end that the will of the people in the choice of public officer may not be defeated by mere technical objections
 Tax laws- taxing power
 Amnesty proclamations
 Adoption laws
 Veteran and pension laws
 Rules of court
o Between substantive and procedural law. Substantive law would prevail
o Writ of execution – order of the court after the preceding can be modified
 Redemption laws
PROSPECTIVE AND RETROSPECTIVE (RETROACTIVE) STATUTES

General Principles

 Prospective statute – operates upon acts and transactions which have not occurred when the statute takes effect, that is which regulates the future
 Retrospective or retroactive law – takes away or impairs vested rights acquired under existing laws, or creates new obligations and imposes new duties, or attaches
new disabilities in respect of transaction already past
 A statute operates prospectively only and never retrospectively, unless the legislative intent to the contrary is made manifest either by the express terms of the
statute or by necessary implication
 Art. 4 NCC – Laws shall have no retroactive effect, unless the contrary is provided
 Prospective and retrospective (retroactive) statutes operates depends --- on the legislative intent
 Art. 3, 1987 Consti
o Sec. 10 – no law impairing the obligations and contracts shall be passed
o Sec. 22 – no ex-post facto law or bill of attainder shall be enacted
 As a rule, laws cannot be given retroactive effect in the absence of a statutory provision for retroactivity or a clear implication of the law to that effect
 All statutes are to be construed as having only a prospective operation unless the purpose and the intention of the legislature to give them a retrospective effect is
expressly declared or is necessarily implied from the language used
 Laws should only be applied prospectively unless the legislative intent to give them retroactive effect is expressly declared or is necessarily implied from the language
used

Statutes given prospective effect

 Penal statutes
o Art. 366 RPC – Felonies and misdemeanors are punished under the laws in force at the time of their commission
o Art. 22 RPC – there can be a retroactive effect if it is favorable to the accused who is not a habitual criminal
o Insofar as RA No 8294 is not beneficial to the accused because it unduly aggravates the crime, such new law will not be given retroactive application,
lest it acquire the character of an ex post facto law.
 Statute substantive in nature
o Substantive law cannot be amended by a procedural law
 Statute affecting vested rights
 Repealing and amendatory acts

Statutes given retroactive effect

 Procedural laws
o Statutes regulating the procedure of the Court will be construed as applicable to actions pending and undetermined at the time of their passage
o However, rules of procedure should not be given retroactive effect if it would result in great injustice and impair substantive right
 Sec. 1, Rule 39 of the 1997 Revised Rules of Procedure should not be given retroactive effect in this case as it would result in great injustice
to the petitioner
o Also, with respect to the procedural laws of local legislation (Local Government Code)
o Statutes regulating the procedure of the Courts will be construed as applicable to actions pending and undetermined at the time of their passage
o The beneficent provisions of RA No. 7659 (Heinous Crimes Law) shall be given retrospective effect
 Curative statutes
o Those which undertake to cure errors and irregularities and administrative proceedings, and which are designed to give effect to contracts and other
transactions between private parties which otherwise would fail or producing their intended consequences by reason of some statutory disability or failure
to comply with some technical requirement
o Subject to the usual qualification against impairment of vested rights
 Police power legislation
 Statutes relating to prescription
 Statutes relating to appeal

CONFLICTING STATUTES

 Effect should be given to the entire statutes

o Construction that would render a provision inoperative should be avoided; instead, apparently inconsistent provisions should be reconciled whenever
possible as parts of coordinated and harmonious whole
o When there is irreconcilable repugnancy between a proviso and the body of the statute, the former prevails as latest expression of legislative intent
 Statutes in pari material
o Statutes relate to the same subject matter, or to the same class of persons or things, or have the same purpose or object
o Should be construed together; each legislative act is to be interpreted with reference to other acts relating to the same matter or subject
 Even if the various statutes have not been enacted simultaneously and do not refer to each other expressly, and although some of them have
been repealed or have expired, or held unconstitutional or invalid

12
 o However, if statutes of equal theoretical application to a particular case cannot be reconciled, the statute of later date must prevail being a later expression
of legislative will
o Effort must be exerted to avoid a conflict between statutes
 Repeal of laws by implication are not favored, and the mere repugnancy between 2 statutes should be very clear to warrant the Court in
holding that the later in time repeals the other
 Reasons why law on the same subject are reconciled
o It is always presumed that the legislature in drafting and enacting any particular statute, had full knowledge and took full cognizance of all existing laws
on the same subject or relating thereto. It is for this reason, tat courts of justice, when confronted with apparently conflicting statutes, should endeavor to
reconcile the same instead of declaring the outright invalidity of one against the other. Such alacrity should be avoided. The wise policy is for the judge
to harmonize them if this is possible, bearing in mind that they are equally the handiwork of the same legislature, and so to give effect to both while at
the same time also according due respect to a coordinate department of the government.
 General and special statutes
o It is the duty of the court to reconcile the general and special statutes. However, in case that the statutes are irreconcilable, special statute must prevail
over the general statute.
 Even if the general statute is a later enactment of the legislature and broad enough to include the cases in special law
 UNLESS there is a manifest intent to repeal or alter the special law
o When the later general law contains a REPEALING CLAUSE which indicated clearly the legislative intent to repeal all
prior inconsistent laws on the subject matter
o Generalia specialibus non derogant – a general law does not nullify a specific or special law
o A special law prevails over a general law regardless of their dates of passage, and the special law is to be considered as remaining an exception to the
general law
o A special law must be intended to constitute an exception to the general law in the absence of special circumstances forcing a contrary conclusion
o The rules is that a special and local statute applicable to a particular case is not repealed by a later statute which is general in its terms, provisions and
application even if the terms of the general act are broad enough to include the cases in the special law unless there is manifest intent to repeal or alter
the special law
o General law cannot repeal a special law
o Where a special statute refers to a subject in general, which the general statute treats in particular, the provision of the latter, in case of conflict, will
prevail
 Statute and ordinance
o As much as possible both should be given effect
 In case of conflict: Statute must prevail
o Whenever 2 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
o When courts are confronted with apparently conflicting statutes, they should not declare outright the invalidity of one against the other but should endeavor
to reconcile them
o An administrative circular cannot supersede, abrogate, modify or nullify a statute. A statute is superior to an administrative circular, thus the latter cannot
repeal or amend it.
 Administrative circular is an informal and inferior law and is only operative in specific agency
o Where the instrument is susceptible of 2 interpretations, one which will make it invalid and illegal and another which will make it valid and legal, the latter
interpretation should be adopted
o In case of conflict between an administrative order and the provisions of the Constitution, the latter prevails

AMENDMENT, REVISION, CODIFICATION AND APPEAL

CONSTRUCTION AND INTERPRETATION OF THE CONSTITUTION

 Constitution
o System of fundamental law for the governance and administration of a nation
o Supreme, imperious, absolute and unalterable except by the authority from which it emanates
o Fundamental and paramount law of the nation
o Prescribes the permanent framework of a system of government, assigns to the different departments their respective powers and duties and establishes
certain fixed principles on which government is founded
o Supreme law to which all other laws must conform and in accordance with which all private rights must be determined and all public authority administered
o Doctrine of constitutional supremacy
 If a law or contract violates any norm of the constitution, that law or contract whether promulgated by the legislative or by the executive branch
or entered into by private persons for private purposes is null and void and without any force and effect.
 Thus, since the Constitution is the fundamental, paramount and supreme law of the nation, it is deemed written in every statute and contract
o Primordial rule in the construction and interpretation of the Constitution – intention of the framers of the constitution
 Natural meaning of the words used in every provision should be taken as it is
 Technical words should be given technical meaning, unless used in a more popular sense
 All provisions of the constitution are self-executing; exceptions
o Manila Prince Hotel v. G.S.I.S.
 A provision which lays down a general principle, such as those found in Art. II of the 1987 Constitution, is usually not self-executing.
 A provision which is complete in itself and becomes operative without the aid of supplementary or enabling legislation, or that which supplies
sufficient rule by means of which the right it grants may be enjoyed or protected, is self-executing.
 PREVAILING VIEW:
 In case of doubt, the Constitution should be considered self- executing rather than non self-executing xxx Unless the contrary is
clearly intended, the provisions of the Constitution should be considered self-executing, as a contrary rule, would give the
legislature discretion to determine when, or whether, they shall be effective. These provisions would be subordinated to the will
of the law-making body, which could make them entirely meaningless by simply refusing to pass the needed implementing statute.
 Art. XII, Sec. 10 1987 Consti
 In the grant of rights, privileges and concessions covering the national economy and patrimony, the State shall give preference
to qualified Filipinos.
 Prohibitory provisions given literal and strict interpretation
o Civil liberties v. The Executive secretary
 EO No. 284 is declared null and void as it runs counter to the provisions of Art. VII, Sec. 13 of the 1987 Consti
 EO No. 284 allows members of the Cabinet, their undersecretaries and assistance secretaries to hold other government offices
or positions

13
  Art. VII, Sec. 13 of the 1987 Consti – prohibition of the Pres. VP, Members of the Cabinet and their deputies and assistants from
holding any other office or employment during their tenure unless provided in this Consti.
 Wherever the language of the consti is prohibitory, it is to be understood as intended to be a positive and unequivocal negation.
o Guidelines in construction and interpretation of the Constitution
 The court in construing a Consti should bear in mind the object sought to be accomplished by its adoption, and the evils, if any, sought to be
prevented or remedied.
 A doubtful provision will be examined in the light of the history of the times, and the condition and circumstances under which the
Consti was framed.
 The object is to ascertain the reason which induced the framers of the Constitution to enact the particular provision and the
purpose sought to be accomplished thereby, in order to construe the whole as to make the words consonant to that reason and
calculated to effect that purpose.
 Not one provision of the Consti is to be separated from all the others, to be considered alone, but that all provisions bearing upon a particular
subject are to be brought into view and to be interpreted as to effectuate the great purposes of the instrument.
 Sections bearing on a particular subject should be considered and interpreted together as to effectuate the whole purpose of the
Consti and one section is not to be allowed to defeat another, if by any reasonable construction, the to can be made to stand
together
 The proper interpretation depends more on how it is understood by the people adopting it than the framer’s understanding thereof.
 It is permissible to consult the debates and the proceedings of the constitutional convention, when other guides fail.
o This is because such debates are of value of showing the view of the individual members, but they give us no light as
to the views of the large majority who did not talk
 The Constitutional Provision on Natural Born Citizen of the Philippines given retroactive effect
o In construing the law, the Courts are not always to be hedged in by the literal meaning of its language. The spirit and intendment thereof, must prevail
over the letter, especially where adherence to the latter would result in absurdity and injustice.
o A constitutional provision should be construed so as to give it effective operation and suppress the mischief at which it is aimed, hence, it is the spirit of
the provision which should prevail over the letter thereof.
o To that primordial intent, all else is subordinated. Our constitution or any constitution is not to be construed narrowly or pedantically, for the prescriptions
therein contained, to paraphrase Justice Holmes, are not mathematical formulas having their essence in their form but are organic living institutions, the
significance of which is vital, not formal
o Art. IV, Section 1 of the Consti
 Those who are citizens of the Philippines at the time of the adoption of the Consti
 Those whose father or mothers are citizens of the Philippines
 Those born before Jan. 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reading the age of majority
 Held:
o Not only those who elect Philippine Citizenship after Feb. 2, 1987 but also those who having been born of Filipino
mothers, elected citizenship before that date
o Intended to correct an unfair position which discriminates against Filipino women
 Those who are naturalized in accordance with law
o Art. IV, Sec. 2 of the Consti
 Natural born citizens are those who are citizens of the Philippines from birth without having perform any act to acquire or perfect their
citizenship. Those who elect Philippine citizenship in accordance with paragraph 3 hereof shall be deemed natural-born citizens
 The Constitution must be construed in its entirety as one, single document
o Whether during the period of ban on appointments imposed by Art. VII, Sec. 15 of the Consti, the President is nonetheless required to fill vacancies in
the Judiciary in view of Sections 4(1) and 9 of Art. VIII – (WON the Pres. Can make appointments to the judiciary during the period of the ban in the
interest of public service?)
 Art. VII. Sec 15 directed against 2 types of appointments:
 Those made for buying votes
o Appointments made within the 2 months preceding the Presidential election and are similar to those which are
declared election offenses in the Omnibus Election Code.
 Those made for partisan considerations
o Midnight Appointments – those made obviously for partisan reasons as shown by their number and the time of their
making; presumed appointments made for the purpose of influencing the outcome of the Presidential election
 Yes. Art. VIII should prevail over Art. VII. Sec. 15 because they may be considered later expressions of the people when they adopted the
Constitution, it suffices to point out that the Constitution must be construed in its entirety as one, single instrument. (Valenzuela v. Vallarta
Adm. Mat. No. 98-5-01-SC)
 No. (de Castro v. Arroyo)
 90-day limitation fixed in Sec4(1), Art. VIII for the president to fill the vacancy in the SC was undoubtedly a Special Provision to
establish a definite mandate for the President as the appointing power, and cannot be defeated by mere judicial interpretation in
Valenzuela to the effect that Sec. 15, Art. VIII prevailed because it was “couched in stronger negative language”
 The non-applicability of Sec. 15, Art. VII to appointments in the Judiciary was confirmed by then Senior Associate Justice Florenz
D. Regalado to the Judicial and Bar Counsel itself
 The fact that in Art. VII, Sections 14 and 16 refer only to appointments within the Executive department renders conclusive that
Sec. 15 also applies only to Executive Department consistent with the rule that every part of the statute must be interpreted with
reference to the context, i.e., that every part must be considered together with the other parts, and kept subservient to the general
intent of the whole enactment (statutes as a whole)
 The wisdom of having the new President, instead of the current incumbent President, appoint the next Chief Justice is itself
suspect, and cannot ensure judicial independence because the appointee can also become beholden to the appointing authority
 In their deliberations on the mandatory period for the appointment of Supreme Court Justices under Section 4(1), Art. VIII, the
framers neither discussed nor mentioned, nor referred to the ban against midnight appointments under Sec. 15, Art. VII, or its
effects on the 90-day period, or vice versa, because they never intended Section 15, Art. VII to apply in the vacancy in the
Supreme Court (Extrinsic aids)
 Liberal construction of one title one subject rule
o Liberal construction was applied by the Supreme Court in interpreting Art. VI, Sec. 26(1), of the Constitution on the “one title one subject” rule
o WON RA 7675 contravenes the “one subject-bill” rule?
 No. The creation of a separate congressional district in Mandaluyong is not a subject separate and distinct from the subject of its conversion
into a highly urbanized city but is a natural and logical consequence of its conversion into a highly urbanized city. Hence, RA 7675, necessarily
includes and contemplates the subject treated under Sec. 49 regarding the creation of a separate congressional district for Mandaluyong.
o Liberal construction of “one title-one subject” rule has been invariably adopted by the court so as not to cripple or impede legislation.
 Sumulong v. COMELEC

14
  Constitutional requirement as now expressed under Art. VI, Sec. 26(1) “should be given a practical rather than a technical
construction. It should be sufficient compliance with such requirement if the title expresses the general subject and all the
provisions are germane to the general subject.”
 Resignation of the President under the 1987 Consti
o Not governed by any formal requirement as to form
 Can be:
 Oral
 Written
 Express
 Implied
o WON Pres. Estrada resigned as President or should be considered resigned as of Jan. 20, 2001 when respondent took her oath as the 14th President of
the Republic?
 Yes
 Determined by his acts and omissions before, during and after Jan. 20, 2001
o Him leaving the Malacańang
o Press release containing his final statement
o Hon. Justice Jose C. Vitug in his concurring opinion:
 Departure of Estrada, from Malacańang and his “valedictory” message as resignation in this wise:
“Abandonment of office” is a specie of resignation, and it connotes the giving up of the office although not
attended by the formalities normally observed in resignation. Abandonment may be effected by a positive
act or can be the result of an omission, whether deliberate or not.
 One-year residency requirement for Congressional Candidate under Art. VI, Sec. 6 of the Constitution liberally and equitable construed to give fullest effect to the
manifest will of the people
o Fernandez v. HRET
 Art. VI, Sec, 6 – overly restrictive and unwarranted under the factual circumstances of the case
 The law does not require person to be in their home 24 hours a day, seven days a week to fulfill the residency requirement and
exercising their rights of ownership thereto in other places aside from the address they had indicated in their place of residence
in their COC
 Special provision prevails over a general one
o Art. XVIII, Sec. 25 – special and controlling provision over Art. VII, Sec. 21 – in the exercise by the Senate of its constitutional power to concur with the
Visiting Forcer Agreement between the Republic of the Philippines and the United States of America
o Lex specialis derogant generali – a special provision or law prevails over a general one
 The power to promulgate rules of pleading, practice, and procedure is now the Court’s exclusive domain and is no longer shared by this Court with Congress, much
less Executive
o Payment of legal fees is a vital component of the rules promulgated by this Court concerning pleading, practice and procedure, it cannot be validly
annulled, changed or modified by Congress. As one of the safeguards of this Court’s exclusive domain. That power is no longer shared by this Court
with Congress, much less with the Executive.
 Suprema lex
o Constitution – supreme law of the land
 Art. 7, NCC – administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the
Constitution
 Stare decisis
o Art. 8, NCC – judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines
 Decisions pronounced by the SC and has no reference to the decisions of the lower courts
o rule of precedents is followed in that once a case has been decided in one way, then another case, involving the same issue should be decided in the
same manner
o applies with a special force to the construction of constitutions, and an interpretation once deliberately put upon the provisions of such an instrument
should not be departed from without grave reasons. The stability of many of the most important institutions of society depends upon the permanence, as
well as the certainty, of the construction placed by the judiciary upon the fundamental law
o sound doctrine for purposes of stability, this should not be followed when there is patent error in judgement. Such precedent should be abandoned and
discarded.
 CONCLUSION
o Constitution
 Does not deal with details but enunciates the general tenets that are intended to apply to all facts that may come about but which can be
brought within its directions
 Must be flexible
 Legalism v. injustice
 Technicalities must give way – to secure our democracy and keep the social order
 Strict, literal and liberal construction will depend after a careful and thorough study on each and every provision in question
 Prospective and retrospective application will likewise depend on each provision placed in a controversy
 Fundamental principle of constitutional construction
 To give effect to the intent of the framers of the organic law and of the people adopting it.
 The intention to which force is to be given is that which is embodied and expressed in the constitutional provisions themselves.
 The court will thus construe the applicable constitutional provisions, not in accordance with how the executive or the legislative
department may want them construed, but in accordance with what they say and provide

15