Ordinance Law passed by the legislative bodies of the local

government units.
ORDINANCE

Law

Possesses a
general permanent
character

3rd reading is
necessary

1.
2.
3.
4.
5.
6.

RESOLUTION

Merely declaration
of the agreement or
opinion of a
lawmaking body on
specific matter

Temporary

Unless otherwise
decided by a
majority of all the
sanggunian
members

Test of a Valid Ordinance

Must not contravene the constitution or statute
Must not be unfair or oppressive
Must not be partial or discriminatory
Must not prohibit but may regulate trade
Must be general and consistent with public policy
Must not be unreasonable

Police power of the State Plenary power vested in the

legislature to make statutes and ordinances to promote the
health & morals, peace, education, good order or safety &
general welfare of the people.
Nature of the police power of the local government units:
1.
2.

General Legislative Power: authorizes the municipal

council to enact ordinances and make regulations not
repugnant to the law
Police power proper

2 types of test (Fernando v St. Scho)

1)
2)

Rational relationship test: laws or ordinances are

upheld if they rationally further a legislative
governmental interest.
Strict scrutiny test: the focus is on the presence of
compelling rather than substantial, governmental
interest and on the absence of less restrictive means
for achieving the interest.

DOCTRINES:
-

VAGUENESS
Lacks
comprehensible
standards that men
of
common
intelligence
must
necessarily guess
at its meaning and
differ as to its
application.

OVERBREADTH
Decrees that a
governmental
purpose to control
or prevent activities
constitutionally
subject to state
regulations may not
be achieved by
means
which
sweep
unnecessarily
broadly
and
thereby invade the
area of protected
freedoms.

Legislative intent
Court is bound to enforce the legislative intent.
Intent is the soul of the law
Can be discovered from the four corners of the statute
Care should be taken that every part of the statute be
given effect *Basic canon of statcon
Rules in Determining Legislative Intent vis--vis the
interpretation must be accorded to the law idolatrous
reverence for the letter of the law sacrifices the human being.
Literal rule: must be given its literal meaning (stat
con)
Purpose rule: purpose for which it is enacted and to
continue it in a manner that disregards or defeats
such purpose is to nullify or destroy the law.
Mischief rule: Evil cause
Golden rule: given their ordinary and natural
meaning allows a departure from the literal
interpretation if it would result to injustice or lead to
absurdity.
Presumption aids to reasoning and argumentation which
assume the truth of certain matters for the purpose of some
given inquiry.
Grounded on:
General experience
Probability of any kind
Merely policy on convenience
Effects of presumption on construction and interpretation
affects the burden of proof he who claims the contrary has
the duty to present evidence necessary to establish his claim
by the amount of evidence required by law.
1.
2.
3.
4.
5.
6.
7.
8.

Relevant Presumptions
Unconstitutionality
Violation of international law
Injustice
Absurdity
Ineffectiveness
Undesirable consequences
Implied repeal
Retrospective application of laws
Presumption against Unconstitutionality every
statute is presumed to be valid; every assumption
should be indulged in favor of the constitutionality and
the burden of proof is on the party alleging that there
is a clear and unequivocal breach of the constitution.

Requisites for Judicial Inquiry in Constitutional

Litigation
a) Actual case or controversy must be ripe for
adjucation
b) Locus standi
c) Question of constitutionality must be raised at the
earliest opportunity
d) Issue of constitutionality must be the very lis mota
of the case
Moot and Academic Principle there is no more actual
controversy between the parties or no useful purpose can be
served in passing upon the merits.
Exception:
1) Grave violation of the constitution

2)
3)
4)

Exceptional character of the situation and the

paramount public interest is involved
Constitutional issues requires formulation of
controlling principles to guide the bench, the bar and
the public
Case is capable of repetition yet evading review

Legal Standing / locus standi right of appearance in a court

if justice on a given question.

Direct injury (people v vera) personal and

substantial interest in the case such that he
sustained, or will sustain direct injury as a result

Transcendental Importance prompts the court to

act liberally neither rarity or accidental
Requirements
1. Constitutional issues
2. Taxpayers claim of illegal disbursement of public
funds or the measure is unconstitutional
3. Voters showing of obvious interest
4. Concerned citizens issues raised are of
transcendental importance w/c must be settled
early
5. Legislators official action complained of infringes
upon the prerogatives as legislators.
*UNCONSTITUIONAL
One
challenging;
had discharged his
burden
of
presenting
evidence
necessary
to
establish his claim
by the amount of
evidence required
by law in order to
overcome
such
presumption

NOT CONSTITUIONAL
Statute has never
been constitutional.

Effects of the unconstitutionality:

General rule: where part of a statute us void as repugnant to
the constitution, while another part is valid, the valid portion, if
reparable from the invalid may stand and be enforced.
Exception: when the parts of the statute are so mutually
dependent and connected, as conditions, considerations,
inducements or compensations for each other as to warrant
belief that the legislature intended them as a whole, the nullity
of one part will vitiate the rest.

Presumption against Violation of International law

Art. II Sec. 2.
International principle Pacta sunt servanda demands the
performance in good faith of treaty obligations on the part
of the states that enter into the agreement.
Presumption against Injustice Art. 10 of the CC
Presumption against Absurdity an interpretation that
cause inconvenience and absurdity is not favored.

There is absurdity when the literal interpretation:

1. Causes unnecessary
2. Requisites the doing of something that is
impossible - Lex non cogit ad impossiblia
3. The
literal
interpretation
creates
internal
inconsistency or incompatibility within a statute or
the particular provision, or creates repugnancy to
what the statute or the particular provision provides
for.
4. Makes the law Illogical, incoherent, or incompatible

within legislative intent

Absurdity in Procedural Laws if strict adherence to the
letter of the law would result in absurdity and manifest injustice,
or where the merit of a partys cause is apparent certain formal
requirements, procedural rules should definitely be liberally
construed.

Presumption against Ineffectiveness interpretation

that would make the law effective by achieving its intended
purpose should be favored.
Presumption against undesirable consequences
never intended by a legislative measure and that a
construction of which the statute is fairly susceptible is
favored, which will avoid all objectionable, mischievous,
indefensible, wrongful, evil and injurious consequences.
Presumption Against Implied Repeal

Repeal
Abrogation of an existing law because of the passage
of a later law that revokes the former.
There should be at least two laws; prior and later law
Express Repeal
Implied Repeal
There is a provision
Later law is
in the later law that
irreconcilably
specifically
inconsistent &
indicates the prior
repugnant with the
law that it seeks to
prior law and their
appeal
harmonization is
not possible.
Two accepted instances:
Later law must identify the
1. When the
title or number of the prior
provisions on the
law.
two acts on the
Absence: express repeal
same subject
may not be presumed.
matter ate
Found: repealing clause of
irreconcilably
the later law.
contradictory
later act, to the
Art. 7 of the CC basis
extent of conflict,
constitutes an
implied repeal of
the earlier one.
2. Later act covers
the whole subject
of the earlier one
and is clearly
intended as a
substitute; thus it
will operate to
repeal the earlier
law.
*if two laws relates to the
same subject matter in pari
materia: exert effort to
reconcile or harmonize two
laws
-

REPEAL
Complete
abrogation by the
enactment of a
subsequent statute

AMENDMENT
Alteration in the law
already
existing,
leaving some part
of the original still
standing.

Desuetude statute is not repealed by non-use.

that which is expressed.

meet a particular situation.

Shall, Must, Ought

and May
And
Or
Year, Month, Day
and Night
Week

Mandatory

MAXIMS, DOCTRINES, RULES AND GUIDELINES IN

CONSTRUCTION AND INTERPRETATION OF THE LAWS

Dura Lex Sed Lex

Ubi Lex Non Distinguit
Nec Nos Distinguere
Generalia
Verba
Sunt
Generaliter Inteligencia

The law is
thaw law
Where the
distinguish,
the court.
General
understood
sense.

harsh but it is
law does not
neither shoukd
words
are
in a general

Proviso

General Rule: a word which

has a general and restrictive
meanings
must
be
understood in its general
sense.

Number Singular and

Plural
Gender and Masculine
Reddendo
Singulis

Singula

Ejusdem Generis
-

Exception: it was clearly

intended that the word must
be
understood
in
its
restricted sense.
Basic is the rule in stat con
is that a word covers its
enlarged and plural sense
Word that imports the
masculine gender shall also
include the female gender
Words in diffrenet parts of a
statue mjst be refereed to
their appropriate connection,
giving to each in its place, its
proper force and effect, and
if possible, rendereing none
of
them
useless
or
superfluous even if strict
grammatical
construction
demands otherwise.
Of the same kind

Follows an enumeration
of particular and specific
words of the same class
where the latter follow
the former, the general
word or phrase is to be
construed to include, or
to be restricted to
persons, things or cases
akin to, resembling, or
of the same kind or
class.

Purpose: give effect to both

the particular and general
words by treating the
particular and general words
as indicating the class and
the general words as
including
all
that
is
embraced in said class.

Noscitur A Sociis
Casus
Omissus
Pro
Omisso Habendus Est
Expressio
Unius
Est
Exclusion Alterius

Known by his associates

A case is ommitted to be
held as intentionally omitted.
Express mention of one
person,
thing,
act
or
consequences excludes all
others

Expressium facit cessare

tacitum
Doctrine of
Implication

Necessary

What is implied in a statute

Is as much a part thereof as

What is expressed puts an

end to what is implied.
No statute can be enacted
that can provide all the
details involved in its
application. There is always
an omission that may not

Intrinsic aids
Found within the
corners of the law

1.
2.
3.
4.
5.

four

Parts of the Statute

Title
Preamble
Definition Section
Punctuation Marks

Conjunctive
Disjunctive
FELI
Period of time consisting of
seven consecutive days
Added phrase or clause or
sentence that provides a
limitation,
condition,
qualification or an exception
the the main provision of a
law
Extrinsic aids
Outside sources or materials
that can lend support in
arriving at a reasonable and
sensible interpretation.
1.
2.
3.
4.
5.
6.

History of the
Legislative
Enactment
Dictionary
Judicial Decisions
Administrative
Regulations or
Decisions
Constitutional
Deliberations
Foreign
Jurisprudence

Strict Construction
Liberal Construction
General Rule: Letters will prevail
Exception: if it will result to absurdity, injustice the time
we will consider the spirit of the law
*Determine the kind of law before using the liberal and strict
construction
Refuses to expand the Expands the meaning of
law by implications or
the statute to embrace
equitable
cases which are clearly
considerations,
but
within the spirit of the
confines its operation
reason of the law, or
to cases which are
within the evil which it
clearly
within
the
was
designed
to
letters of the statute as
remedy, provided such
well as within it spirit or
an interpretation is not
reason
consistent
with
the
language used.

Confined within the

letters of the law
and must within its
spirit.
Letters of the law

Goes beyond the

letters of the law so
long as its spirit
allows.

Spirit of the reason

of the law.

forward.

enactment. The law looks

backward.

General Rule: laws shall have prospective effect (Art.4 of the

CC)

Lex de future, judex de praeterito law provides for

the future, the judge for the past.

Les prospicit non respicit law looks forward not

backward.
LAWS RELATING TO THE SAME SUBJECT MATTER
1. Between two general laws, later law shall prevail
2. Between two special laws, later law shall prevail
3. Between a general law and a special law, the later
will control the former without regard to the
respective dates of passage.
4. Between a special law which refers to a subject in
general and the general law which treats the same
subject in particular, the later law shall prevail
5. Between the Constitution and a statute, the former
shall prevail and the contrary provision of the latter
shall be declared unconstitutional.
6. Between the Constitution and an administrative or
executive act, order or regulation, the former shall
prevail and the contrary provision of the latter shall be
declared as unconstitutional.
7. Between the Constitution and an ordinance, the
former shall prevail and the contrary provision of the
latter shall be declared as unconstitutional.
8. Between a statute and an ordinance, the former shall
prevail because an ordinance must not contravene a
statute in order to be valid
9. Between and administrative or executive act order or
regulation and an ordinance, the former shall prevail
because and ordinance must not contravene any law
in order to be valid.
Prospective Law
Applies to acts, situations or
events that will happen after
its effectivity. The law looks

Retroactive Law
Applies to acts, situations or
events that happened even
before its passage or

Exceptions: When:
1. Law expressly provides for retroactive application
there should be a legal basis that a law should apply
retroactively.
ex post facto law
a) Which makes an action done before passing the
law and which innocent when done criminal, and
punishes such action.
b) Aggravates a crime
c) Changes the punishment and inflicts a greater
punishment
d) Alters the legal rules of evidence and receives less
or different testimony
e) Assumes to regulate civil rights and remedies only
but in effect imposes a penalty or depravation of
a right which was done when lawful
f) Deprives a person accused of a crime of some
lawful protection to which he has become entitled
Non-impairment of Obligation of Contracts
2. Penal law is favorable to the accuses who is not a
habitual criminal Favorabilia Sunt Amplianda Adiosa
Restrigenda
3. Law is procedural in nature mechanism by which
substantive rights may be redress.
4. Law is curative in nature enacted to cure defects in
a prior law or to validate legal proceedings which
would otherwise be void for want of conformity with
certain legal requirements.
5. Law creates a new substantive right
6. Law is issued in the exercise of the states police
power in order to meet an emergency.