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Modes of Legal Reasoning

o analogy
o syllogism
o most common form
o adapt the law to political, economic and social events that
shape the law
o socialization of the law is adapting the law to social
conditions of the period
e.g. concept of equality in modern times: contracting
parties (big corp v recently laid off worker)
authority stare decisis/precedent
ethical e.g. Party List Ladlad was not allowed by
COMELEC because of immorality
prudential considerations
force if all reasoning fails use force e.g. US v Afghanistan

Unarticulated Factors that go into Decisions
human jurisprudence
Woodward and Armstrong

Estrada Running for President:
The President shall not be eligible for any re-election
o Logic
President refers to the sitting president
THE refers to a particular person
o Intent is to prevent the President to utilize government
fund for election

The Comparative Study of the Judicial Role and Its Effect on
the Theory on Judicial Precedents in the Philippine Hybrid
Legal System
Cesar Lapuz Villanueva
Analysis of the Theory
Under Art 6. Of Spanish Code: No written law => customs
of the place and general principles of law
Judicial decisions cannot be resorted to since lower court
may disregard the decisions of the higher court
Successive order according to Manresa:
o Written law
o Customs of the place
o Judicial decisions
o General principles of law
In reality, general principles are resorted to prior to
judicial decisions
Art 8 of the NCC: judicial decisions on interpretation of
laws/constitution shall form part of the legal system of the
Judicial decisions are not independent sources of law in
the sense of creating new law merely filling the gaps,
clarifying ambiguities and harmonizing apparent
inconsistencies in law
Double function of courts (free scientific research):
o Fill deficiencies of legislation
o Adapt and adjust rigid and inflexible provision of law,
rendered inadequate by time and circumstances, to the
changing conditions of life and society.

Draft of NCC which was not included in actual law: when
there is no law applicable to point at issue
o the general or local customs
o judge shall apply rule which he believes the lawmaking
body would lay down guided by the general principles of
law and justice
o analogous laws
o foreign legislation and decisions
o opinions of jurists
o legal maxims
Tolentino: use positive law, customs, jurisprudence,
jurisconsults and commentators
Art 9: No judge/court shall decline to render judgment by
reason of silence, obscurity or insufficiency of the laws

Characteristics of Theory
Irony: Judicial decisions are submitted to be sources of
law but do not constitute law
Hierarchical Application
o Decisions of SC are binding laws, while CA decisions on
issues not covered by the SC serve merely as a judicial guide.
o Decisions of other hand are not considered binding at all
o Lower court should be allowed to depart from decisions of
superior tribunals as a direct way of provoking reexamination
of an important legal question
o Ratio:
Assure stability in legal relations and avoid confusion, it
has to speak with one voice with finality, logically and rightly
through the highest tribunal.
Has to be definitive and authoritative.
To do otherwise could result to inconsistency in rulings in
the lower courts
There has never been a consistent reporter system of CA,
other special courts nor CFI decisions
Hierarchical application provides a testing ground for legal
issues to be clarified to lay down solid judicial background for
an SC review
o Grounds for review by the SC of CA decisions
CA decided a question of substance not determined by SC
or probably not in accord with law or decisions of SC
CA departed from accepted and usual course of judicial

Civil Law vs. Common Law

Civil Common
1) abstract: starts with a general principle - : deductive
concrete: case to case - inductive logic
2) systematic haphazard (growth is erratic)
3) precedents: evidence stare decisis - precedents are considered as source of
law (result of the case to case basis: reflection of the
customs and traditions at that time
- abandonment of doctrine of stare
decisis/precedents: a result of socio-economic
developments/ technological discoveries
4) codification: doctrinal
: legislation (as a result of the accumulation of laws ex.
commercial law, etc.; or just a new leg)
codes: accumulation of general principles derived
from decided cases or reinstatement of accumulated
decisions (to avoid confusion/conflict in decisions)
5) role of the judge: mechanical-strictly applies the
law; not much freedom
: only tackles questions of facts
creative: judge has to derive or fit a principle from a
previously decided case to the case at hand; more
leeway to decide
: both questions of law and facts
Effects of Judicial Role in the Philippines

Meztizo: hybridization enabled us to take advantage of the
strength of both systems; a good technique for
3) jurisprudentia (Spanish: SC decisions are those that are
considered as stare decisis) vs. stare decisis (US: decisions of
lower court are taken as evidence of the common law;
decisions of lower court are binding as long as it follows with
the general principle being followed)
*only sc decisions (Phil) - under the principle of stare decisis
*administrative law: night watchman (security of
persons/property) -> welfare state (security of
persons/property and other important functions - by admin
-undermines stare decisis because the courts follow the night
watchman approach.
Factors that led to the importation of common law:
What did the Americans do to our legal system?
1) civil govt took over military govt. William Howard Taft
imported American lawyers because most of the Filipino trial
judges were corrupt.
2) Education: americans introduced the case method (UP) 1)
transmission of master to student 2) comprehension
3)analysis 4)synthesis 5)application ; unlike the civil method:
lecture (UST)
3) Decisions of the Phil SC were subject to review by the Am
4) Code of criminal procedure
5) Importation of laws (commercial, maritime, sales, admin
law etc.); consequence: filipinos adopted the way of
reasoning, language, etc. of the americans = meztizo; (some
doctrines were not applicable to the Philippine setting)
In Re Shoop
Public Law changed by conquerors since dealing with the
public and are not concerned with private relations. The
Americans changed the public laws of the Phils. except the
penal laws
1. Constitution
2. Administrative
3. Public Affairs
4. Election
5. Procedure

Private Law deals with relations of private individuals; not
usually changed by conquerors
1. Family
2. Commercial changed by the Americans because their
intention is to expand their economy and to do business in
the Philippines
a. Law on Sales main business being brought to the Phils.
Are those who wants to sell their products in the country
b. Corporation law big corporations in the US were the ones
who would like to do business in the Phils.
c. Mortgage Law
d. Negotiable Instruments intend to use checking acct for
business transactions
e. Law on Insolvency to ensure that when their business
segments in the country went bankrupt they would have
f. Law on Trade/financing at that time the Americans have
emerged in the power of trading and movement of capital so
they have to introduce this modern law. Unlike Spain, which
is a in the back of the economy, they need not update their
3. Property
4. Succession

Effects of having a hybrid Law System
- hybrid of common law (case law) and civil law (legislation)
1. American System of Legislation
2. Import American Judges
3. Judicial legislation

Difference between Civil Law and Phil Common law
1. Role of judges powerful since decides on questions of
facts and laws unlike in a jury system where the jury is the
one who decides on questions of facts
2. Stare decisis
a. How perceived by Malcolm in In re Shoop
b. What is the difference between stare decisis in our Phil law
system, civil law system and American common law system
i. American are more flexible since even lower court decisions
are considered as stare decisis while in the Phils. only the
decisions of the Supreme Court are considered as precedents
ii. Under Art 8 of the civil code
3. Deductive or inductive reasoning
4. Codification

The Brethren
1. Approaches used to justify allowing abortion
a. Historical

History is discussed because they learned that historically
prohibition for abortion is not absolute because it had been
commonly accepted for thousands of years prior to the 19th
century. Prohibition of abortion is not absolute in all times
and in all lands
b. Use of scientific data concluded that abortion may be
allowed: to be decided by the doctor
a. danger of abortion antiseptics and antibiotics made it
relatively safe, especially in early stages of pregnancy
b. Viability of fetus trimester system
c. Balancing of interests
a. Personal autonomy
b. Potential life
d. Textual
a. person as used in the constitution always refers to post
natal baby rather than a pre-natal fetus
b. liberty includes the freedom of the woman over her own
c. privacy
d. Stare decisis
i. Grsiwold v Connecticut - birth control
2. Underlying reason for the decision by choice of Blackmun
a. Experience in medical profession
b. Scientific data used in deciding of the case
i. Viability of the fetus at 3months? which reduce the
personal autonomy of the mother thus the state would have
the choice on whether or not it should step in to protect its
interest on the potential life

Compare with the rule in the Philippines on abortion
abortion is a crime whatever the reason of the mother
life is protected by the state

Roe v. Wade
Balancing of interests
o Personal autonomy rights/freedom of mother to decide
for her body
o General welfare
Compelling state interest
pertains to the potential life since if the child is born,
he/she will be a citizen of the state and thus could become
for example a military personnel
Morality since it could encourage illicit affairs
o Compromise made is that abortion will be allowed only
until the 2nd trimester or the 6th month because it is until this
Interpretive method v Non-interpretive method (schools
of taught)
o Interpretive
Interpretation could be made based on the period,
economic, social, etc.
o Non-Interpretive
Interpretation strictly based on the wording of the law
o Person used in the constitution refers to post-natal
o Liberty persons power over own body
o Due process
Procedural steps in judiciary taken before a person is
deprived of life, liberty or property
government; law to make the qualification of due process
must be reasonable fair and not oppressive
Textual v analogy (methods)
o Analogy mean the doctrine of stare decisis
o Not appropriate because in contraception there is no yet a
fertilization but in abortion there is already a life
o Textual want to take the word of the constitution literally
does they belong to the non-interpretive schools of taught
Historical v textual

On Analogical Reasoning
Example of analogical reasoning
o Camry Car1 and 2 starts even during cold weather.
Therefore, Camry cars starts-up even in cold weather
(inductive logic)
Deficient since relevant similarities and differences need
to be identified
o Men are mortal. Socrates is a man. Therefore men are
mortal. (deductive logic)
Characteristics of analogical reasoning
o Principled consistency
o Focus on particulars
o Incompletely theorized judgments
o Principles operating at a low or intermediate level of
Types of reasoning
o Top-down deductive reasoning
o Reflective Equilibrium balancing of interest
o Reasoning by Analogy Incompletely Theorized Practices
o Classification
Example on appointive and elective case
Violation of equal protection law since they belong to the
same classification
According to the minority there is a substantive difference
between the appointive and elective officials does should

o Means-Ends Rationality

RAV v. St. Paul
Burning of cross v Burning of flag
o Similarities
Crimes involving actions could be prosecuted
Assault or incite violence
Symbols of expression guaranteed by protection of 1st
o Analogy not appropriate
regulation as to time, manner or place of expression
protected does cannot be covered by freedom of speech law
-neutral, like symbolic, it is unprotected by the
1st Amendment
o burning of the flag ordinance not content-neutral because
it refers to race, color, creed, religion or gender and therefore
protected by the 1st amendment

Objections to Analogical Reasoning

o Insufficiently scientific, unduly tied to current intuitions,
static or celebratory of existing social practice
o Have backward-looking,, conservative incremental working
o Takes current legal materials as basis for reasoning, thus
an obstacle to justified change through law
o Efforts to reason from analogies are stuck in existing
o Sometimes analogies reveal mistakes reference to past
cases show initial judgments are inconsistent with what we
actually think
o Indeterminate in the absence of social consensus or a
degree of homogeneity
o Objections poses problem to analogies since it lowers the
degree of consensus
o Need for a degree of consensus is a problem for all form of
o Analogies in law is more constrained those who made
objections respect the decision of the majority and stare
decisis or fixed points
o Differences could be reconciled by determining the similar
traits in the different views raised
o Inevitable need for criteria never supplied by analogical
o Everything are a little bit different and similar
o Decided cases should be prioritized when deciding
successive once
o General theories may sometimes be too rigid to account
for the diversity and plurality of relevant goods or no general
theory could adequately account for particular convictions
o Sometimes there may be no criteria for truth in law except
for our considered judgments about particular cases

Alternative Accounts and Comparative Advantages of
Analogical Thinking

o Inevitable need for criteria never supplied by analogical

o Law is a system of rules proceeding from authoritative
o Hercules places large emphasis on fit
o Both Hercules and analogy are concerned to develop
principles that organize cases but in Hercules theories are
produced largely on the basis of abstract moral theory it is
too deeply theorized

Reasoning by Analogy
1) Facts
2) Issues
3) Reasoning obiter dictum
4) Conclusion ratio

Ratio decidendi vs. obiter dictum
Govt of HK SAR v Olalia
Ratio decidendi: An extraditee in a case that is not a capital
offense and where the evidence of guilt is not strong, should
not be denied the right to apply for bail provided that he is
not a flight risk.
can be used as precedent, not the obiter dictum.
= Precedent
Facts of the case: The extraditee was charged (not a capital
offense) with conspiracy to the fraud.
Outcome: the right to apply
Precedent: Court gave him right to bail but it does not mean
that he will be granted of bail. It depends on the facts.

Cardozo (Lecture IV)
1) Case system vs. Code system:
a. Haphazard: decisions made by different judges; vs.
Systematic: decisions made through deliberations by
b. Reinstatement of the law: gathering of all the cases
together, try to find a common denominator and deduce
from these cases / the process of determining a common
denominator; vs. Codification: gather all of the laws of a
particular subject, threshing out contradictory provisions
c. Decisions of all courts (vertical and horizontal) as part of
the common law vs. SC decisions (vertical law system)
d. In cases of grey areas, courts resort to: Judicial legislation
vs. Customs Law: not always compatible with the national
2) How do courts determine which case/ratio decidendi will
be used as precedent? Factors/Methods used to overturn a
precedent: 1) history; 2) sociology; etc.
3) Subconscious and inarticulate factors: Illustration - Am pd:
decisions of the SC supported the colonial policies, at the
time when most of the justices were already Filipinos, SC has
been an instrument of national policies, supported
industrializations and economic interests, etc. Martial Law: SC
as instrument of the President)

Schools of Thought re: Stare Decisis

o Attack of stare decisis
o Mode of reasoning is based on science
o The science of the law is based on scientific method which
is based on empirical methods
Gather information based on 5 senses
o Problem: too mechanical and try to fit cases to the general
principles which may be inadequate or already inapplicable
based on current circumstances
o Solution law should be stable but should not stand still.
Stable in the sense that it should not cave to the caprice of
justices but should be change when times requires it.
stare decisis and

Schools of Constitutional Analysis
1. Interpretive a phrase or word should be interpreted in the
light of its environment as well as socio-political
developments. In other words, you should interpret a word in
a law or a constitution in the mode of existing circumstances.
One of the schools here is the sociological school of Roscoe
2. Non-interpretive we should not go outside of the four
corners of the document. Limited only to block letter law so
that here, the textual approach is the preferred mode; or at
least the dictionary or the plain meaning of the word or
phrase should be given primacy in interpreting it. Presented
by article of Justice Scalia, and he explains why the law should
be plain, literal and as much as possible, limited to the statute
of the constitutional provision.

POUND Mechanical Jurisprudence
- The article basically, Pound compares the practice of law to
science. But he is saying that this should be likened to a strict
science that there are these actions and pronouncements
- Whole legal system, or at least western, deals essentially
with the scientific method. The scientific method is based
largely on observation, the use of all five senses. It is based
on empirical observation. For instance, the Maguindanao
massacre, if you are a policeman, president etc, you go upon
the scene of the massacre, you see the bodies, mass graves,
backhoe, and bullets. You use your sense of sight, smell and a
little common sense.
- Pound was warning us against the dangers of looking at law
in the scientific system. To describe, it is as if you look at
scientific fields wherein most methods and practices become
so rigid and technical. It becomes so systematic that it
becomes hard for a new comer to go against standardized
law. It has been there for many years, it can no longer be
impugned beyond using its own system.
- With respect to the general public, the danger is that they
will not understand it. They will no longer see the law as
relevant to their lives; it is more of a mumbo jumbo. It seems
to be the matter here in the Philippines since the legal system
is uses the foreign (English) language. There are also earlier
terms in Latin which are still being done now. The public and
people are completely unaware in what is happening in the
court room since they do not understand the language.
Ordinary laymen do not understand scientific jargon.
- What happens if the public does not understand how justice
is administered? To them it will seem arbitrary. It is based
on the whims and caprices of the priests of justice. It is
gobbledygook. On the other hand, the use of legal
gobbledygook will impress the ordinary laymen, which might
be good for lawyers. Law is a great conspiracy, and so if
lawyers get together, you are supposed to call him brother
lawyer since you are co-conspirators.
- Effect of scientific method in the legal system itself People
in the system are petrified over matters of rule and
technicality. You have to learn all these technicalities. As
before, lawyers do not need to finish any law degree. The last
American justice who did not go to law school is Justice
Robert Jackson. He was one of the more articulate justices of
the USSC.
- Example: Ancient Roman law. There were certain juris
consuls which are put up on pedestals. Pronouncements of
these people are valid law even if they were no longer
coherent. Because of the petrifaction, the law and system will
no longer be applicable in situations, and you will be carrying
injustices because the laws adhered to are no longer
- Development of Roman law a development where the
rigidity of the Roman law was somewhat tempered with the
development of commerce and intercourse in countries
forming the Roman Empire. He makes mention of the
emergence of ius gentium. This happened when the Roman
Empire became so big that they forgot which law to apply to
which people because there were so many nationalities, so
they came up with laws applicable to everyone. Roman law
was modified in order to accommodate the various
nationalities which came to the sway of Roman Empire.
Because of these, the Romans applied ius gentium which
accommodated the laws of the various nationalities. That is
an example of how law accommodates itself to various socio-
political developments, so as to make it fit to existing
conditions. That is precisely the thesis of Roscoe Pound.
- In Philippines, we have the civilian system imposed by Spain,
but we have a Moslem population in the south. Muslim
population wants to live under their laws, and this explains
the existence of the Sharia courts which is an accommodation
of our Muslim brothers. Laws in polygamy for example have
to be modified in order to accommodate the practices of
Islamic laws which allow polygamy.
- Culture shock comes in many forms. Example of culture
shock is the revolution in communication, where the law will
have to accommodate itself to inventions of science and
technology; and so, taking up from there, what happens if the
law is unable to adjust itself with changing circumstances?
System will serve itself. It will become and end itself, and not
a means to an end. Pound provides us with certain
recommendations, especially the role of the legislature and
the role of the judiciary. Their role must be hand in hand to
bring the law closer to current conditions.

- How does Pound define mechanical jurisprudence? the
law instead of being fluid becomes rigid, in the sense that it
cant adapt to certain changes and being cognizant to what
the people need.
- Does he think that Mechanical jurisprudence is a monopoly
of the civil law, or also the common law? Author looks at
the deductive method, which is general to specific. It is in
the sense that rules are made and applied to certain specific
cases. Inductive method is that the fact happens first
before rules are made. It is the case to case method. Article
of Pound is directed at the deductive method as a method of
the civil law system. Pound does not look very kindly at the
deductive method which is the imposition of general
principles and fit the facts under said principles which is a top
to bottom reasoning. He says that such is wrong because it
provides boundaries on certain issues. Such danger however,
does not solely lie on the civil law, but also apparent in the
common law system in the sense that judges and justices can
be contrived in their decision making and their decisions can
still prove present in such system.
- Under the common law system of pound, there is such thing
as mechanical jurisprudence. How does this develop?
generalizations themselves become general principles. Once
the common law system reaches maturity, then the danger of
mechanical jurisprudence props up. The danger is much more
common under the civil law system because it is based on
general principles deduced from supposed universal truths
phrased in absolute terms.

SCALIA The Rule of Law as a Law of Rules
- He stresses the fact that we are now here in a non-
interpretative school. He stresses the importance in abiding
by rule of law; as well as the general principles established by
- Rational of strict adherence to the law? It has arrived at a
certain point that the law has been synthesized to a whole to
cover those covered by the law. Pound states that mechanical
jurisprudence should be avoided. Scalia says otherwise,
insisting that rules should be followed because it needs to be
equally applied to all people; and because of this, they must
abide in a symbiotic relationship between the people and the
law. Law must be able to compel people to follow it.
- Sticking by general principles will achieve the ideal of equal
protection under the law. It is provided for in the
constitution. Assumption of equal protection will also compel
people to follow it; will also compel adherence. If people
believe that they are denied equal protection, people thing
that they are discriminated against and they might revolt
- It would create an unnecessary force for people to strive for
a certain balance. For instance, people pressure the state
itself to adhere again to the equal protection clause.
- So when Scalia talks about the rule of law and the law of
rules, what are the rules he is referring to? he is referring to
a body of general rules found in the text or the statute of the
constitution. Why does he say that its function towards, for
instance, the plain meaning rule of the text, the
interpretation would have to rely on who framed the drafters
of the text. Scalia is the principal advocate of the plain
meaning rule in statutory interpretation. He believes that the
text is really the law itself.
- Process of legislation in relation to this rule is that the
legislation would serve to close certain text. It draws
boundaries of the law, and it highlights the boundaries and
purpose of the law. it ensures that it is readily
- This will be the most common rule in statutory construction.
Members of the legislature have intended to use the word in
its common meaning unless indicated otherwise. This holds
true for constitutional construction. The framers of the
constitution intended to use the common meaning of the
word when they framed the constitution. There is a
difference in constitutional interpretation, it is the
understanding of the people who ratify the constitution
which controls, rather than the intent of the constitutional
delegates. In the statutory interpretation, it is the intent of
the legislators.
- Strongest support for those who believe that Erap is
disqualified is the opinions of Fr. Bernas, who is a member of
the constitutional convention. He keeps saying that the
delegates keep saying that once the person is once elected he
is banned. He is very credible since he is a member of the
convention. Agabin counters by saying that the intention of
the framers is subordinated to the understanding of the
people. In so, we must make a distinction. The understanding
of the people of the term president refers only to the
standing president.
- Other rules referred to by Scalia sticking by the
precedents. It makes the application of the law predictable.
Because of this, judges or anyone involved in the case can
predict the issue that the court can make based on previously
established principle.
- For a judge, what is the advantage of stare decisis? It will
make the judges job easier since he could easily apply said
decision in other cases. Since the Philippines is essentially a
civil law country, what is our concept of stare decisis? Stare
decisis is merely a reflection of the application of law. They
are mere pieces of evidence of the law. But in common law
countries, they are sources of law itself. In the Philippines,
since we are mestizo, we recall Article 8 which provides that
procedures of the court of law consider part of the law. That
is limited only to Supreme Court decisions. CA and RTC
decisions are not stare decisis.

- Other objections to the so called discretionary functions of a
judge in the common law system: In a common law system
since a judge works on facts given before him, a wide
discretion given to the judge narrow downs his view. Contrary
to the civil law aspect, there is a general law, in the common
law, judge may be focused too much in the case before him
and may not properly adjudicate. Another is that in the
Philippine setting, if judge is given wide latitude, the SC is the
only one to be observed as the source, because there are too
many courts which may not be in communication with each
other. There is no national reporter system. So if we are to
give judges the same latitude as common law, there will be a
situation where there will be conflicting decisions in different
areas. We have a unified reporter system as far as the SC is
- The more basic objection is by Scalia in his article, with
respect to the nature of the law itself. What/how sociological
jurisprudence destroy the nature of the law itself? Non-
interpretive, or plain meaning, he tends to thing that the
interpretive approach will destroy the fabric of interpreting in
the plain meaning. Different judges, there will be influences
on a particular judge of different background or training.
Scalia says that if given too much latitude, law will be applied
beyond the meaning of the law.
- Why should not judges explore other meaning? If they
were to be allowed, it will be very difficult for the governed
how to behave. If such are not found in the laymens terms,
they will find it hard to behave under the law since they do
not have access to the materials of judges and lawyers.
Departure from plain meaning of the word will violate the
due process clause because under this, a statute which is
susceptible of many meanings, vague and ambiguous, it
violates the due process clause since it does not tell what an
ordinary citizen is supposed to do.
- For instance, in case of criminal statutes, if the legislature
wants to prohibit certain acts, it needs to make it plain to the
ordinary citizen that the act prohibited is understood in plain
meaning. If it is ambiguous, it violates due process because it
is unreasonable.
- Justice Scalia here makes a bid for the plain meaning rule on
the ground also of predictability of the law. Why is
predictability so important? How can people how to
behave properly if they cant interpret a said act? If the law
is unpredictable, by the very unpredictability people will be
afraid of law. If lawyers could not rely on the text itself, it will
deprive lawyers of livelihood. Predictability is a big reason for
the non interpretive law. This holds true for statutes and
constitutional provisions.
- Other reasons for rule of law: Stability. We cannot subject
justice system to caprice and whims of the few. It must be
stable from across generations. This emanates from non-
interpretive, since what is cited before may be altered today.
- Balancing of interest - there has to be two forces in the
balance. One interest balanced against another interest, since
in the case of declaration of martial law, you put the state on
one part, and the other; the interest of the individual/people.
- Interest of the state in the declaration preservation of
peace and order.
- Interest of the individual liberty and protection against
abuses of the law. Liberty is a basic right of the individual.
- Applying the plain meaning rule, the martial law is
- Scalias opinion on balancing of interest a judge becomes
a finder of facts rather a determinant of the law. If there is
trial by jury, there is delineation of function. There is also the
totality of circumstance. You go into detailed facts and
determine which interest would weigh more in deciding the
case. The effect of this in the process of adjudication is that
there will be more discretion on the part of the judge,
because unlike in plain meaning you will follow strictly what
the law says, he will obtain an unconstrained decision. This
will alter the uniformity or predictability of the law.

Law and Literature
o Law in literature. Understanding enduring issues as they
are explored in great literary texts. Focus on the legal themes
depicted in novels and other literary works.
o Law as literature. Understanding legal texts by reference
to methods of literary interpretation, analysis and critique.
Studies the educational aspects of actual trials that involve
recurring legal disputes over issues such as race relations and
proper role of law enforcement in a free society. Analyze the
prose and rhetoric that judges use to explain the legal
arguments and conclusions in their judicial opinions.
o Law and literature. Analytical tools each discipline
employs when interpreting a particular text, whether it be
constitutional, a statute, a judicial precedent, or a work of
words can have grandeur only if there exist artistry.
only important aspect of judicial writing if one could draw the
distinction between substance and mere appearance.

o Clearness. The sovereign virtue for the judge but must
permit a certain margin of misstatement.
o Persuasive force
o Impressive virtue of sincerity
o Fire or the mnemonic power of alliteration and antithesis

Six types/methods of opinion literary styles
1. Magisterial or Imperative
o First in dignity and power
o Meager in illustrations and analogy
o Argues in downward rush and overwhelming conviction of
o Exudes sense of mastery and power
o Movement from premise to conclusion is put before the
observer as something more impersonal than the working of
an individual mind.
o Use of Superlatives, sounds imposing and sure and calm
o Utilized in fields where some established principle is to be
applied to new facts or where the area of its extension or
restriction is fairly obvious or narrow.
o Omit immediate steps and stages and leap to conclusions
o e.g. judicial power, slavery
2. Laconic or Sententious
o Declined as law have become more complex to be forced
within a sentence
o Use of epigram, jest or joke.
3. Conversational or homely
o Appeal to everyday experience/emotion
o Making it appear that the dictate is similar to those which
we practice or we considered as customs.
o Including examples which common people experience or
are likely to experience
4. Refined or artificial
o Translate native dialect to English, I would be better if they
just write in the national language
o The process of thinking in native language is different from
the process of thinking in English language
o Importance of connotation
o Euphemism is a kind of artificial language
o Lend itself to cases where there is need of delicate
o Use of more appropriate words
o e.g. construction of a will
5. Demonstrative or persuasive
o CJ Puno
o A freer use of the resources of illustrations and analogy
and history and precedent, in brief, a tone more suggestive of
the scientific seeker for the truth and less reminiscent of the
priestess on the tripod
o March of opinions from established premises to inevitable
6. Tonsorial or agglutinative
o Succession of quotations closes with a brief paragraph
expressing firm conviction that judgment for the plaintiff or
for defendant follows as an inevitable conclusion
o Cut and paste of items from decisions of the lower or
other prior decisions

Nicolas v Romulo
Ponente: Azcuna, J.
Nature: Petitions for certiorari as special civil action and/or or
review of the decision of the CA

custody of Smith pending the proceeding.
Makati for security reasons
were acquitted. Smith was detained at the Makati jail until
USA and Phils. come to an agreement pursuant to Article V of
the VFA.
to US Embassy pursuant to Romulo-Kenney Agreement of
12.19.06 and 12.22.06.
1.02.07. The CA decided to dismiss the petitions that the
Phils. should have custody over Smith for having become

by the
Phil. Senate and recognized as treaty by the duly authorized
representative by the US government
o Manner of recognition by the US is a matter of internal US
law. Per US practice, agreements that are policymaking in
nature are submitted to the Senate.
-US Mutual Defense Treaty of
August 30, 1951 (which was concurred by both US and Phil.
o VFA, the instrument agreed upon to provide joint RP-US
military exercises, is simply an implementing agreement to
the main RP-US Military Defense Treaty.
o Thus, need only to be submitted to the US Congress under
the Case-Zablocki Act
o Valid since made for the purpose of developing the
capability to resist an armed attack falls under the provisions
of the RP-US Mutual Defense Treaty.
substantial basis for a different treatment of a member of a
foreign military forces allowed to enter our territory and all
other accused.
-Kenney Agreements of 12.19/22.06 not in
accord with the VFA itself because the detention in the US
Embassy is not by Phil Authorities as stated under art. V,
Sec10 of the VFA.
-executing and covered by legislation under Case-
Zablocki Act

Approaches to Constitutional Analysis
1. Textual Tribe says it is not the most important, but it is
the most widely used. It is a starting point in interpreting the
constitution. He considers this important nonetheless since
the constitution is a text and therefore must be interpreted
via its words. It follows from postulate that the constitution is
the fundamental law and therefore, since the Constitution is
contained in a single document, you have to look first at the
text and refer to its text. In countries with no written
constitution, textual stand is not given much importance, and
rather use other modes. Sharia, contained in the Quran, is
the source of Islamic Law. In such a way, Moral ethos is the
mode to go, since the message is not really legal but how you
live in this world. That will be the bowl of contention in the
extremists, the liberals and the moderates. For instance, the
extremists are ready to sacrifice own lives for fighting in the
Jihad. They take the Quran very literally. If a Jihadist
sacrifice their lives, they will be met in heaven by 77 virgins.
Likewise, Christian fundamentalists claim that the Ten
Commandments are sufficient and further laws are not
needed. They use the textual methods as well. The author
states its importance as a starting point
1.1. Originalists meaning of the words in the constitution is
the meaning used during the ratification of the constitution.
They have a really weak position because if you interpret the
American constitution, when used in its original meaning, you
will arrive at very absurd results. When the US Constitution
was arrived, Blacks were not considered persons or citizens,
and the right to vote was not conferred to women. The
absolutists among the Originalists have a very weak position
and there is virtually no one manning the absolutist banner.
Blacks were later on considered citizens after the Civil War. If
the South had won the Civil War, Blacks would have been
considered chattel.
1.2. Non-originalists meaning of the words have changed,
and therefore the meaning used must be the meaning of the
word today. In interpreting and applying the constitution, we
should consider additional word meanings in the ratification
of the constitution. Domestic violence for example, when
used before, connotes street violence. Today said phrase
means violence at home, within the family. Words are to be
interpreted in light of changing circumstances. Due process
originally connotes steps or procedure to be

taken in court before litigant is deprived of life, liberty and
property. Suddenly due process acquired new meaning when
the philosophy of laissez-faire. And so the term due process
acquired something called a substantive aspect, so that now,
we have two aspects of the due process clause: the
procedural and substantive aspect. Substantive aspect refers
to the reasonableness or fairness of a particular phase of
legislation passed by congress. Because of the changed
interpretation of the due process clause, courts could now
review legislations passed by congress, or the fairness of an
executive order signed by the president. Due process in our
constitution has acquired this meaning developed by the
USSC, when we were a colony of the US. Meaning of the term
changes according to the environment and so, that accounts
for the dominance of the interpretivist. Words of the
constitution should be construed via the socio-political
context. Anyway, essentially the textual mode is confined to
the view that the meaning of a word or phrase in a
document, whether a constitution, letter, contract or law
should be limited only to he four corners of the document.
Said four corners should be interpreted in light of historical
and social environment, otherwise and absolutist
interpretation would lead to absurd results. US Constitution
for example says that one of the qualifications of the
president must be a natural born citizen upon the adoption of
the constitution. That holds true not only for the constitution
but even for a law or a statue; or even the Ten
2. Structural - what the purpose of having a government in
the society vis--vis the purpose of the constitution in
structuring the government that way. Structural is how the
government words vis--vis the rights of the people. You have
to consider how the provisions of the constitution on the
government refer its position on the rights. It also refers to
how the framers structured the whole document. The key
word with respect here is that it refers to relations, and is
most appropriate with respect to government architecture as
the author uses the term. Example, the Philippines three
branches of government and the separation of powers. We
have three main departments of government, and how they
relate to each other. When it comes to a constitutional issue
like executive privilege of the president which is usually
invoked in investigations conducted by the legislation, the
court will have to consider the relationship between the
executive and the legislative, in order to draw the boundaries
of their functions. Structural mode is really ideal in
determining shape and function of the government
architecture. Is it appropriate in other circumstances and
issues? Does it also apply to civil and political rights issues?
Balancing test for instance and freedom of speech. Court
would have to balance the right of the individual against the
power of the state. Lets say in a declaration of Martial Law,
the relation of state and individual must be put in balance.
Since the structure of our constitution is to balance power of
the state and the right of the individual, structural mode is
applicable. Freedom of speech will also involve relationship.
For example, it is categorized into political speech,
commercial speech, artistic freedom and obscenity. In a
hierarchy, the political one is on top. Freedom of political
speech is unlimited since all citizens are supposed to take
part in the democratic political process. If information is
limited, intelligent decisions cannot be produced by the
people. It is also the relationship between free speech and
democratic government, which should be taken to heart.
When it comes to commercial speech, it must be more
limited since its purpose is to make profit. Commercial
speech should not be deceptive and unfair to competitors
and most of all, must be fair to consumers. These are variants
of the so-called structural mode of interpretation, whether
you are interpreting a statute or a love letter. The point is
that the structural mode deals with relationships between
two or more rights, institutions, parties etc. The strong point
of this mode is that it goes beyond the text and that it
considers the spaces in between the constitution. If the
structural mode is resorted to, the gray areas may vanish. It is
very useful in constitutional interpretation, but not in
statutory interpretation, since you do not deal so much with
government architecture but to a specific piece of legislation.
In constitution on the other hand everything is contained.
3. Historical - interpreting the constitution taking into
account the events beyond its ratification; the history behind
such provisions and amendments.
4. Moral or Ethical - it takes into account larger values of
society. A person has to take into account the values. These
are the assumptions behind constitutional provisions. For
example, the current controversy as to whether the president
can appoint the CJ vice J. Puno. The people who advocate
that people can appoint a CJ in waiting seem to limit their
vision of the constitution only into its words. They fail to take
into account that values form part of the constitution. If we
look behind the provisions behind the creation of the JBC and
the separation of powers, we cans see the value of an
independent judiciary. Therefore, the president has no power
at all to fill a vacant position. If you utilize the textual alone,
you will be misled since there is indeed a gap in the provision
with respect to the appointment of an official during a
campaign period. If you use the ethical, you will find out that
a CJ in waiting is wrong and unconstitutional.
5. Stare Decisis
6. Combination - is it possible? Yes it is, but it is not
particularly advisable to use all five. That would be really
confusing. Most of the time, two or three are used at the
same time; and if possible even four. You can use this in
STATCON, but it is simpler since a law deals with only one
subject. That is why in CONSTILAW, there is hardly any
correct answer. You may agree or disagree but it may not be
always correct. The final arbiter is the SC. Constitutional
litigation for example, you have to be very creative.
Constitutional law gives you a very wide latitude since there
is no correct answer insofar as political issues are construed.

Textual Approach: Sec of National Defense v Manalo
interpreted: Right to be Secured
o Secure in relations to persons invoked by the Manalo
brothers security of persons from bodily harm
o Secure in relation to papers invoked by the Secretary of
National Defense related to seizure
e SC ordered the lower court? Furnishing of
documents related to the abduction of the Manalo brothers
provision in the Constitution in Right to Security since the
provision intends to protect private individuals from abuses
of the State/government powers and not the other way
around. Furthermore, with respect to petition of the Manalo

Historical: Estrada v Escritor

Dissenting Opinion of Carpio-Morales.
wall between public and religious morality.
situation are engaged in an immoral conduct.
interpreted in religious terms because of differences in views
and beliefs of different religious orders. E.g. bigamy per se is
not immoral since this is allowed under the Muslim Laws

Structural: North Cotabato v Govt Panel

o Executive
Promise of legislation
MOA-AD recognizes a separate state which have separate
executive, legislative and judiciary functions
MOA-AD pass a law to validate the MOA abolishing the
ARMM and establishing Bangsamoro
o Legislation
Function threatened due to promised future legislation
o Judicial justiciability
Relationship between the President and the judiciary
Ruling over the proposed MOA
MOA would diminish the power of the judiciary

Decision: Declared MOA-AD as unconstitutional

Stare Decisis: Lambino v COMELEC
not be followed:
o Court did not decide to strike down the
o In Santiago the ruling is that There was no law passed by
Congress which would implement the peoples initiative.
o In the Lambino Case, the court held that RA 6735 was
sufficient it was only applicable to statutory but not to
constitutional amendment.

o Workability
o Reliance
o Intervening developments in law
o Changes in fact should be relevant
o Others: closeness of voting, age or prior decisions, merits
of prior decisions

o Silence
o Judicial activism v passivity not applicable in the
Philippines since our Constitution requires that Judiciary has
expanded function of determining grave abuse and that it
should not refrain from giving judgment even if the law is

Ethical: Chavez v Gonzales
Ethical justification of freedom speech. Must be seen in
relation to ethics of a democratic government. An individual
as part of state must take part in the decision process making,
thus must have access to information, be free to express
opinion. Otherwise, would not be able to participate
meaningfully in the democratic process.
Freedom of press must be justified with the democratic
ethic. Otherwise, it would be considered a right which could
just be taken away by the state.

Prudential: Iglesia ni Kristo v CA
religion and religious speech
regulate but it failed to show clear and present danger or evil.
Thus, it cannot trump the freedom of speech.

Congressional and Constitutional Silence

o Silence means yes, it is implied in the law thus enacted
o Silence means no, it is not implied in the law does cannot
be enforced.
er as compared
with the civil law. In the common law system, the Judiciarys
interpretation becomes law of the law and may even repeal
existing laws as enacted by the Congress.

mon Law
o Civil Law
Legislature creates law

More democratic

Future general
Judges are not in the position to legislate.
of law.

o Common Law
Judges decisions forms part of the law
Common law lawyers considers the following process
superior over legislation

judicial review
past facts at hand
rules devised to thwart legislation
cases which it covers expressly. Strict construction
o Penal. It results to deprivation of loss or impairment of life,
liberty or property thus need to be construed strictly against
the state.

o Statutes in derogation of legal rights.

Pound: Common Law and Legislation CIVIL LAW COMMON LAW
Legislature Judges
-drafts bills -adversarial litigation
-investigate -test of principles
-debate -judgment
-approval Judicial Review to safeguard the rights to
property. Borrowed in the US.
-future general social -past facts at hand
2 ways in which courts impede or thwart social legislation:
1. Narrow and illiberal construction of the Legislation /
2. Narrow and illiberal construction of the Constitution

4 ways in which courts might deal with legislative innovation:
1. receive it fully, of superior authority to judge-made rules
2. receive it fully but treated as equal with judge-made rules
3. not receive fully, liberal interpretation to cover whole field
it is intended to cover
4. not receive fully, narrow or strict interpretation (for penal

*Because of the highly specialized and narrow training of
judges, they are not the best people to legislate. Legislators
are more in touch with the sentiments of the people because
they are elected to promote the public welfare. Rules of
statutory construction should be utilized in order to thwart
the present legal system.
5 forms in which courts have considered the question of
limitations upon legislative power:
1. Conflict of legislation with natural law: ex. Law for same-
sex marriage

Substantive due process: 1) substantive reasonableness of
legislation; 2) procedural
2. Interference of a temporal legislator in spiritual affairs: ex.
Law to require Christian prayer before class
3. Attempts of parliament to derogate from the royal
prerogative prior to the Bill of Rights
4. Conflict of legislation with rules of international law
5. Friction between the terms of a statute and the doctrines
or principles of the common law

Relation to constitutionality: White Light Corporation v City
of Manila
o Challenged validity of Mla. City Ordinance preventing
hotels/motels from providing washup accommodations

o Should be justified by a compelling state interest
o There are other legitimate activities impaired
o To justify impairment: for public interest, must be
reasonably necessary for the accomplishment of the purpose,
not oppressive to private rights, no other means to
accomplish purpose less intrusive to private rights can work.

t to use property

Deprives property owners of business
Harmonization with Constitution: Francisco v House of

o Impeachment of Davide
o 1st filed in July and dismissed on Oct.
o Another impeachment case on Oct after the first was
in the Rules and procedure promulgated by the Congress for
Impeachment cases. (implementing rules)

Committee of the case

o Verba legis
o Intent of framers

Spirit over the letter of the law: Ang Bagong Bayani v

o Petitioner challenged the validity of allowing major
political parties to participate in the party-list system
party-list system as long as they represent marginalized and
unrepresented sectors of the society such as labor, women,
peasant, urban poor, indigenous cultural communities, and

Legislative intent: Ejercito v Sandigan
Trust it is for the person to be protected.
- is it congruent to the objective of the law
- How come the SC defined it that way? they took a look
at the plunder law, and equate this definition of deposit
- in this case, the court tried to define deposit more broadly
to include trust accounts
- Any person with any government contract in order
for them to know if Estrada is guilty of plunder, they must
open accounts
- The court is free to define a word in a statute contrary to
primary intent of the statute?
o A broad standard like public interest the definition can
go either way
o What can be public interest to the court may not be for
other sectors
- The case is plunder. The act of bribery is one of the reasons
why the court wants to disclose these accounts
- It does not meet his position directly

JV Ejercito was also a public officer. Because of the relation
with the accused, that would also subject him to an
There is a qualification to that rule of confidentiality. That
qualification is that if the amount is subject of a pending
litigation, then the legislature intended to exempt this kind of
While there is a legislative intent to impose rule of
confidentiality on all deposits, there is an exemption provided
by congress, that it is if it is subject of a litigation. In this case,
the account is the subject of a criminal case of plunder.
Legislative intent Sec. 5 also mentions that it does not
actually preclude the presentation of this particular evidence
even if acquired through the fruit of a poisonous tree.
Trust account under the term deposit it was the
prosecution that took the position that trust account is
outside the term deposit. Mr. Ejercito claims that it falls
under the term deposit and therefore there is confidentiality.
Object of the law: Ortiz v San Miguel
Issue: Whether the award of damages (attys fees) should go
to the client or to the lawyer.
Court: should go to the client. Court interpreted statute in
light of the labor code. Attys fees considered as
EXTRAORDINARY. Labor code: presumption of favor for the
labor. 1) Provision for the 10% attys fees in the labor code
was meant to be in favor of the employees. (Art. 111: attys
fees in the concept of damages not in the concept of
contract) 2) it is assumed that they have already paid their
lawyer attys fees before rendition of judgment.
Conclusiveness of Legislative Findings: People v. Ferrer
-Subversion law assails
the constitutionality of this law due to being a bill of attainder
-Subversion Law is null and void as
being a bill of attainder? No.
-Subversion law is upheld and considered as
not a bill of attainder.
Congress in 1957.
legislative procedures followed by the body to arrive at a
Congressional declaration.

Intrinsic Aids to Construction
1) Expresio unios: An express mention of a member of a class
excludes all others by implication. An express exception,
exemption, or saving clause excludes other exceptions.
Express exceptions constitute the only limitations on the
operation of the statute and no other exception will be
implied. Premise: Legislative would not have made specific
enumerations in a statute if it had the intention not to restrict
its meaning and confine its terms to those expressly

Balagtas Multi-Purpose Cooperative, Inc. v. Court of Appeals
Inferior Courts appearing in the Cooperative Code does not
extend to quasi-judicial agencies (NLRC) and that
petitioners are not exempt from posting an appeal bond
required under the Labor Code.
2) Pari Materia: Statutes that are of the same matter should
be interpreted in light of each other.

People v Estrada
RA 1405 (Secrecy of Bank Deposits Law) and CA 142 (Statute
re: Use of Fictitious Names) operates within its own sphere,
and requires no harmonization. However, they must
necessarily be read together when their spheres interface
with each other.
3) Noscitur a sociis: The meaning of a word may be known
from the accompanying words.

San Miguel Corp. v NLRC
Paragraph 3 of Art 217 of the Labor Code should not be read
in isolation but rather within the context of other surrounding
paragraphs. Money claims in paragraph 3 does not include
the entire universe of money claims. It only refers to those
arising from an employer-employee relationship unifying
element which runs through par. 1-5.
4) Ejusdem generis: General and unlimited terms are
restrained and limited by the particular terms they follow in
the statute

Vera v Cuevas
Section 169: The use of all condensed skimmed milk
restricts the scope of all milk in whatever form, from which
the fatty part has been removed totally or in part. Thus, the
statute does not apply to filled milk in which fatty part has
been removed but substituted by refined coconut oil.

5) General v specific words: When the object intended to be
accomplished by the statute has been clearly ascertained,
general words may be restrained to it, and narrower words
may be expanded to embrace it.

Borromeo v Marciano
Interpreting the word transfer as that which requires
consent of the judge to be transferred: The word transfer
restricts the meaning of the word appoint which was
intended to vest power on the GG to appoint judges, in order
to effectuate the intent of the statute, which is to preserve
the independence of the judiciary.
6) General v specific laws: Special law must be taken as
intended to constitute an exception to the general law.
Subject matter of the laws should be the basis for
determination should be in pari materia.

Lagman v. City of Manila
Facts: City of Manila passed ordinance to reroute traffic on
roads and streets within Manila. Public Service Commission
grants certificate of public convenience; Decision: City of
Manila utilized its Police power over Administrative Power.
Power to regulate its territory.
7) Redendo singular singulis: You apply the each part of the
first set of words distributively to the appropriate second part

King v. Hernaez
Anti-Dummy Law: The words management, operation,
administration and control are applied distributively to the
consequents officer, employee and laborer, meaning, the
employment of a person who is not a Filipino citizen even in a
minor or clerical or non-control position is prohibited.
8) Casus Omissus: A person, object or thing omitted from an
enumeration must be held to have been omitted
intentionally. Can operate when it has been clearly

People v Manantan
No casus omissus because there was no omission but merely
a substitution of terms: (from judge of first instance, justice of
peace etc. ->judge, which is a more general term.)
9) Antecedent and qualifying words: The meaning of an
antecedent word in a statute is determined by identifying its
qualifying words.

Quisumbing v Garcia
The terms disbursement and contracts, in order to avoid
construction that would render sec. 22 meaningless, were
understood to pertain to payments that are already
authorized and new obligations, respectively. Therefore,
authorization by sanggunian is not needed anymore when
contracts entered into by the local chief executive has already
been authorized by ordinance.
10) Technical words with technical meaning: The definition of
some technical words in a statute is different from their
definition in the dictionary. These words have to be
interpreted by their technical meaning as defined in the law.

Sec. of DENR v. Yap
Public forest in the context of the Public Land Act and the
Constitution does not refer to a large tract of wooden land
covered with trees. The classification of public forest is
descriptive of its legal nature and status and not of what the
land actually looks like. PD 705 defines public forest as
those public lands which
are unclassified. Therefore, Boracay, despite its being covered
by beaches and restaurants, is classified as public forest.
11) Common Words with Common Meaning

Extrinsic Aids to construction
1) History of statute

US v Pompeya
Issue: WON Act No. 1309 is unconstitutional in that it
deprives citizens of their rights guaranteed in the Philippine
Bill. Law requires men of a certain age bracket to assist in the
maintenance of peace and good order in the community
(parol duty). Validity of statute was gauged by tracing the
history of the statute: Primitive man (enjoyed security and
assurance of assistance from his fellows whenever their
peace was violated by malhechores) -> Feudal system (feudal
lord call upon his vassals to assist in the protection of
individual and collective rights) -> Feudal system carried to
Britain -> days of the hundreds ( individual was liable to
render service for the protection of all) - > later made into a
statute (hue and cry) -> power of the county (recognized the
statute, pursued those who violated the law) -> Act No. 1309
is a statutory recognition of such common law right. It is an
exercise of the Police Power of the state.
2) Legislative Proceedings

Gaanan v Intermediate Apellate Court
Issue: WON an extension telephone is included the phrase
any other device or arrangement of the Anti-Wiretapping
Act. Issue resolved by looking into the legislative proceedings.
Based on the records, what the lawmakers intended to inhibit
is the use of tape record and other electronic devices to
intercept in private conversations. Mere listening in order to
be punishable must strictly be with the use of the
enumerated devices in the Act. Extension telephone is not
among such device or arrangement.
3) Contemporaneous construction: Construction placed upon
the statute at the time of or after the enactment of a
particular law by those who are involved in the process of
legislation and are therefore knowledgeable of the intent and
purpose of the law.

People v Temporada
Penal statutes should be construed against the government
and in favor of the persons on whom penalties are sought to
be imposed. Therefore, interpretation of the ISL should be
that which is favorable to the accused.
4) Statutes adopted from other jurisdictions

People v Zapata
Issue: WON adulterous acts charged in the first and second
complaints must be deemed as one continuous offense. Issue
resolved by looking into how adultery was defined by the SC
of Spain, from which the statute was adopted from. Based on
decisions from Spain, adultery is a crime of result and not of
tendency. Each sexual intercourse constitutes a crime of
adultery. Therefore, no double jeopardy for the defendants.
5) Re-enacted statutes

American Bible Society v City of Manila
When legislature instead of amending, repeals an old statute
in its entirety and by the same enactment, re-enacts all or
certain portions of the pre-existing law, all rights and
liabilities which have accrued under the old statute are
preserved and may be enforced, since the reenactment
neutralizes the repeal, therefore
continuing the law in force without interruption. Rule is that
two statutes with a parallel scope should have a like
interpretation. Repeal by reenactment, what is common
continues to be in force. What is omitted is deemed repealed.
6) Effect of repeal

1) Total rendered revoked completely or 2) Partial leaves
unaffected portion in force. Exceptions to unqualified repeal:
1) when there is a saving clause; 2) when the repealing acts
reenacts a former statute. May be express or implied.