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SAN BEDA COLLEGE COLLEGE OF LAW STATUTORY CONSTRUCTION

Based on the Course Outline of Atty. Maritess C. Sy


I. BACKGROUND
1.1 The Philippine Legal System 1.2 Rules on Legislative Drafting
II. STATUTES AND THEIR ENACTMENT
2.6 Steps in the Enactment of the Statute 1987 Constitution, Article VI,
Section 26 (2) and 27 -- CIR vs. CTA -- Tolentino vs. Secretary of
Finance -- Arroyo vs. De Venecia 2.7 Evidence of Due Enactment of
Statutes 2.7.1 Enrolled Bill Theory -- Mabanag vs. Lopez Vito -- Casco
vs. Gimenez -- Morales vs. Subido 2.7.2 Journal Entry Rule -- Astorga
vs. Villegas
III. EFFECTS AND APPLICATION OF STATUTES
3.1 When Statute Becomes Effective Civil Code, Article 2; EO 200 as
incorporated in EO 292 Section 18 -- Tanade vs. Tuvera 3.2 When
Regulation Becomes Effective EO 292, Book VII, Sections 2-9 -- People
vs. Que Po Lay -- Tanada vs. Tuvera -- Yaokasin vs. Commissioner of
Customs 3.3 When Ordinance Takes Effect RA 7160, Sections 54-59 --
Bagatsing vs. Ramirez 3.4 Language of the Statute That Shall Prevail 1987
Constitution, Article XIV, Sections 6-8 Section 6. The national language
of the Philippines is Filipino. As it evolves, it shall be further
developed and enriched on the basis of existing Philippine and other
languages. Subject to provisions of law and as the Congress may deem
appropriate, the Government shall take steps to initiate and sustain the
use of Filipino as a medium of official communication and as language of
instruction in the educational system. STATUTORY CONSTRUCTION
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Section 7. For purposes of communication and instruction, the official


languages of the Philippines are Filipino and, until otherwise provided
by law, English. The regional languages are the auxiliary official
languages in the regions and shall serve as auxiliary media of
instruction therein. Spanish and Arabic shall be promoted on a voluntary
and optional basis. Section 8. This Constitution shall be promulgated in
Filipino and English and shall be translated into major regional
languages, Arabic, and Spanish. EO No. 292, Section 20 Section 20.
Interpretation of Laws and Administrative Issuances. - In the
interpretation of a law or administrative issuance promulgated in all the
official languages, the English text shall control, unless otherwise
specifically provided. In case of ambiguity, omission or mistake, the
other texts may be consulted. 3.5 Manner of Computing Time Civil Code,
Article 13 Article 13. When the laws speak of years, months, days or
nights, it shall be understood that years are of three hundred sixty-five
days each; months, of thirty days; days, of twenty-four hours; and nights
from sunset to sunrise. If months are designated by their name, they
shall be computed by the number of days which they respectively have. In
computing a period, the first day shall be excluded, and the last day
included. (7a) 3.6 Territorial Extent of Operation 1987 Constitution,
Article 1 ARTICLE I NATIONAL TERRITORY The national territory comprises
the Philippine archipelago, with all the islands and waters embraced
therein, and all other territories over which the Philippines has
sovereignty or jurisdiction, consisting of its terrestrial, fluvial and
aerial domains, including its territorial sea, the seabed, the subsoil,
the insular shelves, and other submarine areas. The waters around,
between, and connecting the islands of the archipelago, regardless of
their breadth and dimensions, form part of the internal waters of the
Philippines. Civil Code, Article 14 & 15 Article 14. Penal laws and those
of public security and safety shall be obligatory upon all who live or
sojourn in the Philippine territory, subject to the principles of public
international law and to treaty stipulations. (8a) Article 15. Laws
relating to family rights and duties, or to the status, condition and
legal capacity of persons are binding upon citizens of the Philippines,
even though living abroad. (9a) Revised Penal Code, Article 2 Article 2.
Application of its provisions. - Except as provided in the treaties and
laws of preferential application, the provisions of this Code shall be
enforced not only within the Philippine Archipelago, STATUTORY
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including its atmosphere, its interior waters and maritime zone, but also
outside of its jurisdiction, against those who: 1. Should commit an
offense while on a Philippine ship or airship; 2. Should forge or
counterfeit any coin or currency note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine
Islands; 3. Should be liable for acts connected with the introduction
into these islands of the obligations and securities mentioned in the
preceding number; 4. While being public officers or employees, should
commit an offense in the exercise of their functions; or 5. Should commit
any of the crimes against national security and the law of nations,
defined in Title One of Book Two of this Code. 3.7 Prospective and
Retrospective Operation of Statutes Constitution, Article III, Section 22
Section 22. No ex post facto law or bill of attainder shall be enacted.
Civil Code, Article 4 Article 4. Laws shall have no retroactive effect,
unless the contrary is provided. (3) EO No. 292, Section 19 Section 19.
Prospectivity. - Laws shall have prospective effect unless the contrary
is expressly provided. Revised Penal Code, Article 22 Article 22.
Retroactive effect of penal laws. - Penal laws shall have a retroactive
effect insofar as they favor the person guilty of a felony, who is not a
habitual criminal, as this term is defined in rule 5 of article 62 of
this Code, although at the time of the publication of such laws a final
sentence has been pronounced and the convict is serving the same.
IV. AMENDEMENTS, REVISIONS, REPEALS

the lease, lessor had to occupy, but not covered by CA 689 since out of
RA 309 amended by RA 983 6 Sundays for PCSO, 30 Sundays for private
increasing to 12 races and draws for PCSO, without
specif
assigned for private races proper
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Mayor Barobo for misconduct and dishonesty


was repealed by RA No. 5185 Sec.5, now the President, Provincial Board
and City or Municipality Council, as the case may be, has the power to
+ allowance of $165/mo. Plus bonus of $1000, 2nd contract reduced to $105
- NLRC denied claim of overtime but granted diff. in salary and
contractual bonus
creating POEA divested the jurisdiction over cases of overseas
labor arbiter has jurisdiction the
law in effect at the time of the case

4.2 Revision
The only officer authorized by the Charter of the City of Bacolod to
initiate criminal cases in the courts thereof is its Ci
Capitol Subd. Montelibano ejects Benares who refused, cleared the
issued by Judge Ferrer

Manila Ordinance No. 3000, requirement of


permit Revised Manila Charter Ordinance No. 2529, requirement of license fees
City Treasurer assessed ABS of
P5,821.45
-CBN Broadcasting Corporation vs.
431, Increasing tax rate to
promulgated by the CIR have no retroactive application where to so apply
1568 requires 20 year of service for retirement benefit; amended by RA
abolished by RA No. 4968 but was subsequently re-enacted by RA No. 6118
originally to expire on May 1992
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Comelec Commissioners courtesy resignations, involuntary term


deemed completed, hence, entitled to benefits

699 of the Revised Administrative Code

did not reproduce Sec. 699; offers benefits under Employees Compensation
ement
both (Sec. 699 & ECC), construed as continuation
4.3 Repeals Civil Code, Article 7 Article 7. 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. When the courts
declared a law to be inconsistent with the Constitution, the former shall
be void and the latter shall govern. Administrative or executive acts,
orders and regulations shall be valid only when they are not contrary to
the laws or the Constitution. (5a) Administrative Code of 1987, Book I,
Chapter 5, Operation and Effect of Laws Section 21. No Implied Revival of
Repealed Law.- When a law which expressly repeals a prior law itself
repealed, the law first repealed shall not be thereby revived unless
expressly so provided. Section 22. Revival of Law Impliedly Repealed. When a law which impliedly repeals a prior law is itself repealed, the
prior law shall thereby be revived, unless the repealing law provides
Planters vs. Feliciano Lagman vs. City of Manila National Power
Corporation vs. Acra Gaerlan, Jr. vs. Catubig People vs. Pimentel Hagad
vs. Gozo-Dadole Republic vs. Marcopper Mining Corporation
V. Nature and Concept of Statutory Construction
terminated union go
jurisdiction pursuant to BP 227
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Article 217 of BP 227 is explicit and clear; no need for construction and
interpretation The first and fundamental duty of courts is to apply the
law. Construction and interpretation come only after it has been
demonstrated that application is impossible or inadequate without them.

agent of Gov. Leviste


of Batangas
officials and public servants for use in their official duties are
possess unlicensed firearms; no need for construction and interpretation
executed
Court ordered Chavez and LS to pay PNB; likewise, Chavez, Garcia, &
evying sugar

clear; it does not admit of doubt. No process of interpretation or


construction need be resorted to. It peremptorily calls for application.
Petrolina Cervantes (commonMatabuena sole sister of Felix questioned the validity of donation
under Art. 133 of the Civil Code; Prohibition of donation between spouses
apply to commonis a principle of statutory construction that what is within the spirit
of the law is as much a part of it as what is written. Otherwise the
basic purpose discernible in such codal provision would not be attained.
Municipa
Municipal Ordinance, owner/manager required to pay P3/hectare; he
leased the fishpond from Philippine Fisheries Commission and not yet in
lacks comprehensible standards that men of common intelligence must
is repugnant to the Constitution in two respects: (1) it violates due
process for failure to accord persons, especially the parties targetted
by it, fair notice of the conduct to avoid;

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and (2) it leaves law enforcers unbridled discretion in carrying out its
provisions and becomes an arbitrary flexing of the Government muscle. In
no way may the ordinances at bar be said to be tainted with the vice of
vagueness. It is unmistakable from their very provisions that the
appellant falls within its coverage.
VI. Objects and Methods of Construction
a. Verba Legis or Literal Interpretation/Plain Meaning Rule If a
statute is clear, plain and free from ambiguity, it must be given its
literal meaning an

excise tax paid on importation of stabilizer and flavours, used in


and Auditor
General denied the refund amounting to P23,958.13; claims that S&F
mentioned in the RA pertains to the ones used in manufacturing food
by specific words, with the result that the general language will be
limited by the specific language which indicates the statute's object and
purpose. The rule, however, is applicable only to cases where, except for
one general term, all the items in an enumeration belong to or fall under
on
stabilizer and flavours is preceded by a number of articles that may be
classified as food or food products, but it is likewise true that the
other items immediately following it do not belong to the same
distinguish nec nos distinguire debemos", or "where the law does not
general and unlimited 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. b. Ratio Legis or
interpretation by considering the spirit and reason of the law/ Golden
agricultural land, one for P4,000 which Igmidio Hidalgo and Martina
Rosales seeks to redeem for P1,500; the other for P750 which Hilario
Aguila and Adela Hidalgo also seeks to redeem. Both of them were share
Reform Code is applicable to leasehold tenants only, but not to share
tenants, because said provision of law clearly, definitely, and
unequivocally grants said right to the agricultural lessee, and to nobody
tenant and their respective rights and obligations are not co-extensive
or co-equal. NO STATUTORY CONSTRUCTION
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This case is a case of where the true intent of the law is clear that
calls for the application of the cardinal rule of statutory construction
that such intent or spirit must prevail over the letter thereof, for
whatever is within the spirit of a statute is within the statute, since
adherence to the letter would result in absurdity, injustice and
contradictions and would defeat the plain and vital purpose of the
statute. By this, the Supreme Court is NOT correcting the act of the
Legislature, but is rather, carrying out and giving due course to its
intent.
c. Mens Legislatoris/Mischief Rule It is a principle of statutory
construction that what is within the spirit of the law is as much a part
of it as what is written. Otherwise the basic purpose discernible in such
Toribio slaughtered a carabao for human consumption without a permit from
the municipal treasure of the municipality wherein it was slaughtered, in
violation of the provisions of sections 30 and 33 of Act No. 1147, an Act
regulating the registration, branding, and slaught
Appellant contends that there was no municipal slaughterhouse in Carmen,
Bohol, hence Act No. 1147 do not prohibit nor penalize the slaughter of
primarily seeks to protect the "large cattle" of the Philippine Islands
against theft and to make easy the recovery and return of such cattle to
of a statute is fairly susceptible of two or more constructions, that
construction should be adopted which will most tend to give effect to the
manifest intent of the lawmaker and promote the object for which the
statute was enacted, and a construction should be rejected which would
tend to render abortive other provisions of the statute and to defeat the

accident and left his widower, Leonora and who he married in the hospital
b
language of the Workmen's Compensation Act, a widow living with the
deceased or actually dependent upon him totally or partly as well as her
daughter, if under 18 years of age or incapable of supporting him or
herself, and unmarried, whether or not actually dependent upon the
is equally plain. We must apply it to the facts as found. Assuming a
choice is necessary between conflicting theories, that which best
conforms to the language of the statute and its purpose should prevail.
d. Equity of the Statute Civil Code Article 9. No judge or court shall
decline to render judgment by reason of the silence, obscurity or
insufficiency of the laws. (6) Article 10. In case of doubt in the
interpretation or application of laws, it is presumed that the lawmaking
body intended right and justice to prevail. (n) STATUTORY CONSTRUCTION
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where he plead guilty of attempted homicide in relation to Sec. 2, Rule


116 of the 1985 Revised Rules of Crimina
a brother-in-law of the deceased, accused Judge Vicente Aujerio of gross
instances where a literal application of a provision of law would lead to
injustice or to a result so directly in opposition with the dictates of
logic and everyday common sense as to be unconscionable, the Civil Code
admonishes judges to take principles of right and justice at heart. In
case of doubt the intent is to promote right and
ruat coelum. Stated differently, when a provision of law is silent or
ambiguous, judges ought to invoke a solution responsive to the vehement
urge of conscience.
VII. Interpretation and Construction in Relation to Language of the
Statute
The article of merchandise in question, the bonanza mixture, is made up
of ground coffee, ground chicory, and ground cereals. It is not a
manufactured article and as such, is not free of duty under section 5 of
must be classified as adulterated coffee, in accordance with its true
hand or by mechanism, does not make the article necessarily a
manufactured article within the meaning of that term as used in the
tariff laws, unless the application of such labor is carried to such an
extent that the article suffers a species of transformation and is
changed into a new and different article, having a distinctive name,
ed as chocolate for
the purposes of exemption from the foreign exchange tax imposed by RA No.
include cocoa beans. The one is raw material, the other manufactured
consumer product; the latter is ready for human consumption; the former
suit was brought in May 1954 Congress
approved Republic Act 1197 amending section 2 by substituting "cocoa
tember
2, 1954 issued in accordance with RA No. 1197 specifying that said
exemption (of cocoa beans) shall operate from and after September 3, 1954

Rabino intercepted a dump truck loaded of lumber, owned by A&E


Construction
STATUTORY CONSTRUCTION
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Tan and Moreno, together with Ismael Ramil was charged with violation of
Section 68, PD No. 75, as amended by EO No. 277. Lumbar is included in
the term timber. Lumber is a processed log or processed forest raw
material. the Code uses the term lumber in its ordinary or common usage.
The dictionary defines lumber as a processed log or timber. It is settled
that in the absence of legislative intent to the contrary, words and
phrases used in a statute should be given their plain, ordinary and
common usage meaning. And insofar as possession of timber without the
required legal documents is concerned, Section 68 of PD No. 705, as
amended makes no distinction between raw or processed timber.

the Roman Catholic Church the estate known as Capelania de Tambobong


under CA No. 539; said act authorizes the purchase of private lands, and
that lands acquired thereunder should be subdivided into lots, for resale

allowed by respondent, out of the deference and charity, to gratuitously


occupy the lot and live therein
Respondent Crisostomo Bernardo
occupant is one who supposes he has a good title and knows of no adverse
claim. The essence of the bona fides or good faith, therefore, lies in
honest belief in the validity of one's right, ignorance of a superior
fide occupants employed in the Commonwealth Acts are NOT equivalent to
ppine Legislature, employs the terms
actual bona fide settlers and occupants, plainly indicating that
actual and bona fide are not synonymous. The term actual was then
deleted, and solely used the words bona fide occupant, thereby
emphasizing the requirement that the prospective beneficiaries of the
acts should be endowed with legitimate tenure. c. Terms with Multiple
violation of the AntiMunicipal
treasurer made a disbursement for the widoew - P5,000.00 representing a
portion of the salary of the late mayor during the period of his
not suffice because dismissal does not
is always based on the merits, that is the defendant is acquitted because
the evidence does not show that defendant's guilt is beyond reasonable
not a court of competent jurisdiction, or the evidence does not show that
the offense was STATUTORY CONSTRUCTION
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committed within the territorial jurisdiction of the court, or the


complaint or information is not valid or sufficient in form and

suspension issued by the Ombudsman for violation of Anti-Graft and


Corruption p
authority of the Ombudsman is only to recommend suspension and he has no
suspend government officials and employees, pending an investigation
Ombudsman such powers as he may need to perform efficiently the task
given the same sense as the other words with which it is associated.
Where 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. e. Ejusdem
Inscription to be placed
on skimmed milk; Sec. 141 (Specific Tax) & Sec. 155 (Penalty) expressly
repealed by RA 355 & 463, respectively. Thus, Section 169 became a merely
declaratory provision, without
Skimmed Milk - Fatty part has been removed; Filled Milk - Fatty part is
Sec 169 of the Tax Code does not apply to filled milk. The use of the
specific and qualifying terms "skimmed milk" in the headnote and
"condensed skimmed milk" in the text of the cited section, would restrict
the scope of the general clause "all milk, in whatever form, from which
the fatty pat has been removed totally or in par
is restricted by the specific term "skimmed milk" under the familiar rule
of ejusdem generis that general and unlimited terms are restrained and
limited by the particular terms they follow in the statute. f. Expressio
Unius Exclus
assessed by the CIR for deficiency 3% millers tax under Sec. 168 of the
The tax exemption applied only to the exportation of rope, coconut oil,
palm oil, copra by-products and dessicated coconuts, whether in their
original state or as an ingredient or part of any manufactured article or
products, by the proprietor or operator of the factory or by the miller
the law enumerates the subject or condition upon which
it applies, it is to be construed as excluding from its effects all those
not expressly mentioned. Expressio unius est exclusio alterius.
STATUTORY CONSTRUCTION
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justice of the peace, was prosecuted for violation


Revised Election Code; aid any candidate, or exert
manner in any election or take p
is not covered by the prohibition because justice
mentioned. Instead of justice of the peace, they

of Sec. 54 of the
any influence in any
of the peace was not
were called as

object or thing omitted from an enumeration must be held to have been


bar; the rule can operate only if and when the omission has been clearly
established. h. Ubi Lex Non Distinguit Nec Nos
Garcias office. Ramirez taped the conversation and later filed charges
authorized by all the parties to any private communication or spoken
whether the party sought to be penalized by the statute ought to be a
party other than or different from those involved in the private
communi
Where the law makes no distinctions, one does not distinguish. i.
and Lourdes Zandueta were indebted to PNB; PNB refused to accept backpay
citizen of the Philippines, or to any association or corporation
organized under the laws of the Philippines, who may be willing to accept
the same for such settl
only to the last antecedent; that is, "any citizen of the Philippines or
any association or corporation organized under the laws of the
Philippines; there is a comma before the words "or to any citizen,
etc.," which separates said phrase from the preceding ones. Reddendo
life imprisonment for murdering Jose Siyang; He filed a motion for
A copy of order of
denial (July 9) was served by registered mail on July 13, 1963 to Bello
through his wife; He filed his notice of appeal only on September 10,
promulgation or notice of the judgment or order appealed from; The word
"promulgation" in section 6 should be construed as
j.
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referring to "judgment", while the word "notice" should be construed as


referring to "order" Reddendo singula singulis: "referring each to each;
referring each phrase or expression to its appropriate object", or "let
each be put in its proper place, that is, the words should be taken
distributively." When the order denying appellant's motion for
reconsideration was served by registered mail on July 13th on appellant's
counsel, he had only 1 day within which to file his notice of appeal and
NOT 11 days. He was 58 days late not just 48.
k. Doctrine of Necessary Implicatio
owned a parcel of land where PSCC is located; used for national defense
exempt from CARP coverage by virtue of P.D. No. 1845, as amended, which
declared the area to be a security zone under the jurisdiction of the
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
Agrarian Reform Program of the government would negate the very purpose
by which P.D. 1845, as revised by P.D. 1848, was decreed. l. Verbal or

Tri-Realty agreed with Lines & Spaces, represented by Eleanor Bahia


Sanchez for the purchase of cement bags for P98/bag; paid P7/bag to
Sanchez for facilitation, all advanced to Sanchez
Corporation 6050 bags; delivered 3850 bags, the rest cancelled by
6000 bags; delivered 3000 bags, the rest
-Realty demanded a refund of the amount of
undelivered bags; with news reaching that Eleanor Sanchez had already
fled abroad, Tri-Realty filed a case for sum of money against petitioners
and Lines & Spaces. Sanchez represented herself to be from Lines &
Spaces/Tri-Realty, making it appear as if it was a single entity
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The term and/or was held to mean that effect shall be given to both the
conjunctive (and) and the disjunctive (or); or that one word or the other
may be taken accordingly as one or the other will best effectuate the
intended purpose In using the term "and/or", the word "and" and the word
"or" are to be used interchangeably. BY ANALOGY, the words Lines &
Spaces/Tri-Realty mean that effect shall be given to both Lines & Spaces
and Tri-Realty OR that Lines & Spaces and Tri-Realty may be used
interchangeably Hence, petitioners were not careless when they believed
Eleanor Sanchez's representation that 'Lines & Spaces/Tri-Realty refers
to just one entity; there was, therefore, no error attributable to
petitioners when they refunded the value of the undelivered bags of
cement to Lines & Spaces only.

Dr. Virtudes executed a complaint-affidavit charging Dr. Macabulos with


dishonesty, grave misconduct, etc.; Dr. Macabulos required her to submit
dental and medical receipts for the liquidation of cash advance amounting
because it was filed after 1 year from the occurrence of the act or
RA 6770 indicates that it is within the discretion of the Ombudsman
whether to conduct an investigation when a complaint is filed after one
year f
the word "may" is ordinarily construed as permissive or directory,
indicating that a matter of discretion is involved; when used in a
ord "shall" is
xxx dismissed outright for any grounds stated under Section 20 of
Republic Act No. 6770, provided, however, that the dismissal thereof is
not mandatory and shall be discretionary on the part of the Ombudsman or
the Ombudsman whether to pursue the investigation or dismiss the
complaint.
VIII. Aids in Interpretation and Construction
8.1 Intrinsic Aids 8
contracted with Central Capiz to supply of all sugarcane produced by her
for a term of 30 years, to be converted into a right in rem as an
encumbrance upon the land, binding to all future owners of the sam
Ramirez refuses to push through with the contract thinking it might
violate Act No.2874, An Act to amend and compile the laws relating to
corporation...may acquire or own agricultural public land or land of any
other denomination or classification, not used for industrial or
residence purposes STATUTORY CONSTRUCTION
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More than 61% of the capital stock of petitioner is held and owned by
persons who are not citizens of the Philippine Islands or of the United
States; The land involved is a private agricultural land Purpose of Act
No. 2874 was and is to limit its application to lands of public domain
and that lands held in private ownership are not included therein and are
not affected in any manner whatsoever The phrase "and for other
purposes," found in the title of said Act (No. 2874), by virtue of the
provisions of section 3 of the Act of Congress of August 29, 1916 (the
Jones Law), cannot be interpreted to include, nor be made applicable to
any lands not public
filed charging the Defendant withillegal possession of deadly weapon in
violation of PD No. 9
the Information did not allege facts which constitute the offense
Preamble of PD No. 9: WHEREAS, subversion, rebellion, insurrection,
lawless violence, criminality, chaos and public disorder mentioned in the
aforesaid Proclamation No. 1081 are committed and abetted by the use of
carrying any of the weapons described in the presidential decree is not a
"preamble," usually introduced by the "Whereas" clause, is the key of the
statute, to open the minds of the makers as to the mischiefs which are to
be remedied, and objects which are to be accomplished, by the provisions
and Natividad, were caught in a gambling house and were penalized on a
charge of vagrancy under the provisions of Act No. 519: (2) every person
found loitering about saloons or dram shops or gambling houses, or
tramping or straying through the country without visible means of support
tailoring business; and Natividad was a tailor, married, and had a house
of his own; it was under the first part of the portion of law for which
based upon something more substantial than the mere punctuation found in
conclusive, and the courts will not hesitate to change the punctuation
when necessary, to give to the Act the effect intended by the
Legislature, disregarding superfluous or incorrect punctuation marks, and
inserting others where necessary; they were acquitted 8.1.4 Definition
Buenviaje was found guilty of violation of illegal practice of medicine &
illegally advertising oneself as a doctor in accordance with Section 2678
of the Administrative STATUTORY CONSTRUCTION
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Code; She practices chiropractic although she has not secured a


certificate to practice medicine; She treated and manipulated the head
and body of Regino Noble which he pretended to suffer; Advertised and
offered her services as a physician by means of cards and letterheads
which she distributed in Manila, in which she prefixed to her name the
letters Dra. Chiropractic is included in the practice of medicine;
Statutory definition prevails over ordinary usage of the term Act 3111 is
constitutional as the title An Act to Amend (enumeration of sections to
be amended) is sufficient and it need not include the subject matter of
each section

Unabia was a foreman, Group Disposal, Office of the City Health Officer,
Cebu City; the City Mayor removed him from the service and his place was
taken by Perfecto Abellana, and latter by Pedro E. Gonzales; Petitioner
in the Philippine Civil Service, specifically the unclassified service
and his removal from his position is a violation of section 694 of the
Revised Administrative Code and section 4 of Art XII of the Constitution
Service" in the Constitution and the use small letters for the "civil
service" in the Revised Administrative code indicates only those
positions wherein the nature of the work and qualifications are not
words "Civil
Service" were used in the Constitution to indicate the group. No capitals
are used in the similar provisions of the Code to indicate the system.
Hence, there is no difference between the use of capitals in the
constitution and small letters in the Revised Administrative Code. Both
are expressly declared to belong to the Civil Service; hence the same
dismissed and since he did not petition for mandamus for his
reinstatement within a year, he is deemed to have abandoned his right to
his former position and is not entitled to reinstatement therein by
mandamus 8.2 Extrinsic Aids Legislative History Prior to Enactment 8.2.1
cy vs.
-in-fact of
Ma-ao Sugar Central Co. shipped 5,124,416 gross kilos of centrifugal
sugar to US in a wharf on Pulapandan, Occidental Negros on steamship
Hannover a privately owned wharf
collected wharfage dues on sugar at P2 per thousand gross kilos or a
total amount of P10,248.84; plaintiff paid, under protest trial court
wharfage and not on any other harbor dues that the exporter would
accumulate including duty of tonnage STATUTORY CONSTRUCTION
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Page 16 of 23

Duty of tonnage means is a duty tax or burden imposed under the authority
of the state, which is, by the law imposing it, to be measured by the
capacity of the vessel, and is in its essence contribution claimed for
the privilege of arriving and departing from a port The Government can be
allowed to collect because not to do so would overthrow and destroy the
whole system of the Government, in and by which millions of pesos have
been levied and collected and expended in the construction of Government
wharves, and it would have defeated the construction of the Government
wharf at Pulapandan Following the Contemporaneous Circumstance
construction what is the intention of the lawmakers historically,
wharves not owned nor operated by government cannot be taxed or levied
upon Technically the meaning of such is a charge or rent for the use of
wharf but then again according to the High Court the meaning of the term
is for the construction of wharfs because there are no wharfs existing at
the enactment of such statute and after such enactment the wharfs have
been constructed left and right
suspension of Mayor Barobo for misconduct and dishonesty set aside. The
power of preventive suspension is not lodged in the provincial governor
zation Act of 1967 was ascertained using
effective instruments through which the people can in a most genuine
consonance with such policy, its purpose is "to grant to local
governments greater freedom and ampler means to respond to the needs of
their people and promote their prosperity and happiness and to effect a
more equitable and systematic distribution of governmental powers and
way to accomplish this mandate is to give a statute of doubtful meaning,
a construction that will promote public policy 8.2.3 Legislative History
mortgaged to a bank defaulted
1961 Oliva given 2 years to redeem
Prior to May 31, 1963, he offered to repurchase the property but the
a torrens title, he is entitled to redeem the property within five (5)
years from the date of the auction sale, pursuant to Section 119 of CA
e right of redemption expired on
February 4, 1963, under the provisions of Sec 6 of RA No. 720, as amended
history of the bills which later became said RA No. 2670, amending RA No.
720, shows that the original proposal was to give homesteaders or free
patent holders a period of 10 years within which to redeem their property
foreclosed by rural banks; STATUTORY CONSTRUCTION
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Consequently, the proposal was given up, with the specific intent and
understanding that homesteaders or holders of free patent would retain
the right to redeem within five (5) years from the conveyance of their
properties, as provided in the general law, that is to say the Public
Land Act, or Commonwealth Act No. 141.

vs. Court of Appeals


IX. Construction of a Statute as a Whole, its Part, and Other Statutes
approved Ordinance No. 207; Sec.17(w) To fix the charges to be paid by
all watercrafts landing at or using public wharves, docks, levees, or
to declare the ordinance void, for the wharves were owned by the National
Government dismissed, no distinction between those owned by the
"public" does not refer to its ownership, it denotes rather the nature of
its use. Thus public wharves are those used generally by the public, free

ascertained from a consideration of the statute as a whole and not of an


isolated part or a particular provision alone. For taken in the abstract,
a word or phrase might easily convey a meaning quite different from the
one actually intended and evident when the word or phrase is considered
construction and maintenance of public wharves... Under subsection W,
there is clearly no distinction between public wharves owned by the
National Government and those owned by the city itself. However, the
immediately preceding subsection V impliedly establishes such a
distinction. Magtajas and City of Cagayan de Oro vs. Pryce Properties
City; it leased apportion of a building belonging to Pryce Properties
for it violates City Ordinance No. 3353 prohibiting the use of buildings
for the operation of a casino and Ordinance No. 3375-93 prohibiting the
to help centralize and regulate all games of chance, including casinos on
Cagayan is empowered to enact ordinances under LGC; Expressly vested with
the police power under what is known as the General Welfare Clause now
not contravene a statute. Municipal governments are only agents of the
decree has the status of a statute that cannot be amended or nullified by
a mere ordinance

STATUTORY CONSTRUCTION
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Page 18 of 23

Laguna
the Laguna Lake Development Authority, it was amended by PD 813 & EO
permit for the use of all surface water for any projects or activities in
which contained provisions which granted fishing privileges and which the
served notice stating that violation of RA 4850 carries a penalty of
has jurisdiction, LLDA or local towns and municipalities? LLDA, no
repeal of RA 4850 by LGC; LGC is a general law, RA 4850 is a special law
-settled rule in this jurisdiction that a special statute,
provided for a particular case or class of cases, is not repealed by a
subsequent statute, general in its terms, provisions and application,
unless the intent to repeal or alter is manifest, although the terms of
the general law are broad enough to include the cases embraced in the
by EO 245 created NTA; Congress passed RA 6758, entitled An Act
Prescribing a Revised Compensation and Position Classification in the
Government and for Other Purposes; DBM issued Corporate Compensation
employees of NTA have been receiving amelioration benefit which was later
changed to educational assistance ; Dalisay Aracan, Auditor of NTA,
issued a Notice of Disallowance of the payment of the educational
educational assistance is not among those allowances mentioned in Subthe social amelioration or educational assistance benefit given to the
individual petitioners prior to enactment of R.A. 6758 is authorized
u
into the prescribed salary rates, except xxx (7) such other additional
compensation not otherwise specified in Section 12 as may be determined
by the DBMxxx the enumerated fringe benefits are in the nature of
-all proviso, the legislative
intent is just to include the fringe benefits which are in the nature of
-paragraph 5.4 of IRR enumerates the allowance/fringe
benefits which are not integrated into the basic salary and which may be
-paragraph 5.5 of IRR provides for the other
allowances/fringe benefits not likewise integrated into the basic salary
reimbursement is
not necessary, allowance reimbursement is required; the benefits
mentioned in the first sentence of Section 12 and sub-paragraphs 5.4 and
5.5 of CCC No. 10 are entirely different from the benefit in dispute,
ardinal is the rule in
statutory construction that the particular words, clauses and phrases
should not be studied as detached and isolated expressions, but the whole
and every part of the statute must be considered in fixing the meaning of
any of its parts and in order to produce a harmonious whole; conflicting
provisions should be reconciled and harmonized, if at all possible

STATUTORY CONSTRUCTION
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Page 19 of 23

ng and Lourdes Tan are


Chinese citizens; Boon Peng filed for naturalization under LOI 270, it
Arlene Co filed a case for correction of entries in their certificates of
birth, correcting and changing the entries as to the citizenship of their
on the ground that their father applied under LOI 270 and not under CA
zenship to
deserving aliens; hence, should be construed together pari materia
rule; while they provide for different procedures, CA No. 473 governs
naturalization by judicial decree while LOI No. 270 governs
naturalization by presidential decree; both statutes have the same
construed together because enactments of the same legislature on the same
provision should be read into the latter law as an integral part thereof,
make or set a right; to remove the faults or error from; to change means
to replace something with something else of the same kind or with
something that serves as a substitute
X. Strict and Liberal Construction: Mandatory and Directory
for, and were issued free patents for contiguous parcels of land in
Camarines Sur; said land were allegedly forest land hence, not disposable
document were filed under Art. 171 of the RPC; lands of the public domain
is also punishable as perjury under Sec. 129 of C
that the crime has already prescribed according to Public Act No. 3326,
and prescribes in 10 years; perjury is punishable by imprisonment of 4
months to 2 years and 4 months, and prescribes after eight years under PA
substantive and remedial or procedural are, by consecrated rule, to be
strictly applied against the government and liberally in favor of the
recomendee of Sec. of Justice for the position of Provincial Prosecutor;
Private respondent Atty. Conrado Quiaoit was appointed by Pres. Ramos to
it took his oath and assumed office; Bermudez refused
to vacate the Office of the Provincial Prosecutor and challenged the
appointment of Quiaoit on the ground that the

STATUTORY CONSTRUCTION
PAUL VINCENT T. CUNANAN, 1-I, 2010
Page 20 of 23

appointment lacks the recommendation of the Sec. Of Justice prescribed


under the Revised Admin Code of 1987 Petitioners contend that an
appointment of a provincial prosecutor mandatorily requires a prior
recommendation of the Secretary of Justice There is no hard-and-fast rule
in ascertaining whether the language in a statute should be considered
mandatory or directory, for each must be determined on the basis of the
specific law in issue and the peculiar circumstances attendant to it;
case-to-case basis The nature, structure and aim of the law itself is
often resorted to in looking at the legislative intent Generally, it is
said that if no consequential rights or liabilities depend on it and no
injury can result from ignoring it, and that the purpose of the
legislature can be accomplished in a manner other than that prescribed
when substantially the same results can be obtained, then the statute
should be regarded merely as directory, rather than as mandatory, in
character The power to appoint is, in essence, discretionary; the
appointing authority has the right of choice which he may exercise freely
according to his judgment, deciding for himself who is best qualified
among those who have the necessary qualifications and eligibilities The
President, being the head of the Executive Department, could very well
disregard or do away with the action of the departments, bureaus or
offices even in the exercise of discretionary authority, and in so
opting, he cannot be said as having acted beyond the scope of his
authority
XI. The Statute and the Constitution
that any tax withheld from their emoluments or compensation as judicial
officers constitutes a decrease or diminution of their salaries, contrary
to the provision the 1987 Constitution mandating that during their
looked into the intent of the framers of the Constitution; the primary
task in constitutional construction is to ascertain and thereafter assure
the realization of the purpose of the framers and of the people in the
the proposed
express grant of exemption from payment of income tax to members of the
Judiciary, so as to give substance to equality among the branches of
of the Judiciary would be subject to the general income tax applied to
the town Mayor, were charged with murder of killing innocent farmers and
not cattle rustlers they were claimed to be; 4 were found guilty

STATUTORY CONSTRUCTION
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The killing occurred in Pangasinan where 3 Bulataos died, each of which


constitutes crime of murder qualified with treachery; penalty for murder,
under Art 248 of the RPC, was RT max to death Sec 19 of the 1987
Constitution does not expressly declared the abolition of the death
penalty; does not change the periods of the penalty prescribed by that of
the RPC except only insofar as it prohibits the imposition of the death
penalty and reduces it to reclusion perpetua SC was not persuaded that it
was the intention of the framers to lower not only the maximum period but
also the other periods of the original penalty; Thus, the applicable
sentence imposed on all the accused for the murder committed in
conspiracy with others is reclusion temporal in its medium period to
reclusion perpetua

Act creating the CAR) with the votes of the people in the provinces of
Benguet, Mountain Province, Kalinga-Apayao, Ifugao, Abra and the city of
memorandum from the COMELEC and the Secretary of Justice states that only
provinces voting favorably in the plebiscite shall constitute the region
there shall be created autonomous regions xxx consisting of provinces,
cities, municipalities and geographical areas xxx From this, it can be
derived that the term region used in its ordinary sense means two or
never intended that a single province may constitute the Autonomous
ust join other provinces,
cities, municipalities, and geographical areas; it joins other units
because of their common and distinctive historical and cultural heritage,
well-established rule
Constitution, as much
has in common use and
are to be given their

in statutory construction that the language of the


as possible should be understood in the sense it
that the words used in constitutional provisions
ordinary meaning except where technical terms are

6715 (Herrera-Veloso Law), amending the Labor Code was approved, it


provides in Sec 13 that The Chairman, the Division Presiding
Commissioners and other Commissioners shall all be appointed by the
Pres Aquino issued permanent appointments to the Chairman and
Commissioners of the NLRC without confirmation from the Commission on
Appointments; Calderon, thus, filed a petition for prohibition
questioning the constitutionality and legality of the permanent
the confirmation powers of the Commission on Appointments WITHOUT
constitution
expand the list of officers whose appointments must be confirmed by the
Commission on Appointments, the Constitution would have said so by adding
the phrase "and other officers required by law" at the end of the first
sentence, OR the phrase, "with the consent of the Commission on
Appointments" at

STATUTORY CONSTRUCTION
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the end of the second sentence It is the duty of the Court to apply the
1987 Constitution in accordance with what it says and not in accordance
with how the legislature or the executive would want it interpreted
Confirmation by the Commission on Appointments is required ONLY for the
1st group: heads of the executive departments, ambassadors, other public
ministers and consuls, officers of the armed forces from the rank of
colonel or naval captain; and 2nd group: other officers whose
appointments are vested in him in this Constitution NLRC falls under the
3rd group of appointees: Those whom the president may be authorized by
law to appoint

bidding, 30%-51% shares of Manila Hotel Corporation, Manila Prince Hotel


Corporation offered to buy 51% of MHC or 15,300,000 shares at P41.58 per
share; Renong Berhad, a Malaysian firm, bid for the same number of shares
matching the bid price of P44 per share. They also sent a manager's check
to GSIS as Bid Security to match the bid, however, GSIS refused to accept
qualified Filipinos shall be preferred; unless it is expressly provided
that a legislative act is necessary to enforce a constitutional mandate,
the presumption now is that all provisions of the constitution are
shall be given to those citizens who make a viable contribution to the
common good, becau
hotel that played and continues to play significant role as an authentic
repository of 20th Century Philippine history and culture, thus, it is to
of the MHC
cannot be disassociated from the hotel and the land on which the hotel
dictates of the 1987 Constitution the provisions of which are presumed to
be known to all the bidders a
Filipino corporation was able to match the bid of the foreign firm, it
must be awarded to the said corporation if we are to give life and
meaning to the Filipino First Policy provision
That in all things, God may be glorified!
STATUTORY CONSTRUCTION
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