CHAPTER ONE: Statutes • Delegated power

Issue rules and regulations

• to implement a specific
IN GENERAL law

Laws, generally Congress legislative power

• A whole body or system of law The determination • of the legislative policy and its
• Rule of conduct formulated and made obligatory by formulation and promulgation as a defined and binding rule
legitimate power of the state of conduct.
• Includes RA, PD, EO (president in the ex of legislative Legislative power •- plenary except only to such limitations
power), Presidential issuances (ordinance power) as are found in the constitution
Jurisprudence, ordinances passed by sanggunians of local
government units. Procedural requirements, generally
Provided
• in the constitution (for Bills, RA)
Statutes, generally Provided
• by congress – enactment of laws
• An act of legislature (Philippine Commission, Phil. Rules of both houses of congress (provided also by the
Legislature, Batasang Pambansa, Congress) Constitution)
• PD’s of Marcos during the period of martial law 1973
Constitution Passage of bill
• EO of Aquino revolutionary period Freedom Constitution Proposed legislative •measure introduced by a member of
congress for enactment into law
Public – affects the public at large Shall embrace only •one subject which shall be expressed in
• general – applies to the whole state and operates the title
throughout the state alike upon all people or all of • Singed by authors
a class. • File with the Secretary of the House
• Special – relates to particular person or things of a Bills may originate
• from either lower or upper House
class or to a particular community, individual or • Exclusive to lower house
thing. Appropriation
• Local Law – operation is confined to a specific
Revenue/ tariff bills
place or locality (e.g municipal ordinance)
Bills authorizing increase of public debt
Private – applies only to a specific person or subject.
Bills of local application
Private bills
Permanent and temporary statutes
After 3 readings, approval
• of either house (see Art 6 Sec 26
• Permanent - one whose operation is not limited in duration
but continues until repealed. (1))
• Temporary - duration is for a limited period of time fixed in Secretary
• reports the bill for first reading
the statute itself or whose life ceases upon the happening of First reading – reading
• the number and title, referral to the
an event. appropriate committee for study and recommendation
o E.g. statute answering to an emergency Committee – hold public • hearings and submits
report and recommendation for calendar for second
Other classes of statutes reading
• Prospective or retroactive – accdg. to application Second reading – bill • is read in full (with amendments
• Declaratory, curative, mandatory, directory, substantive, proposed by the committee) – unless copies are distributed
and such reading is dispensed with
remedial, penal – accdg. to operation
o Bill will be subject to debates, motions and
• According to form
o Affirmative amendments
o Bill will be voted on
o Negative
A bill approved shall o be included in the calendar of
Manner of referring to statutes bills for 3rd reading
• Public Acts – Phil Commission and Phil Legislature 1901- • reading – bill reading
Third approvedwill on be
n2d

1935 submitted for final vote by yeas and nays,

• Commonwealth Acts – 1936- 1946 • Bill reading
approvedwill beon the
transmitted
3 r d to the
• Republic Acts – Congress 1946- 1972, 1987 ~ “Other House” for concurrence (same process as the first
• Batas Pambansa – Batasang Pambansa passage)
• Identification of laws – serial number and/or title o If the “Other House” approves without amendment
ENACTMENT
Legislative
• Power
Vested
President
Sangguniang
only
Administrative
power,
within
OF
to
ingenerally
make,
congress
–STATUTES
1973
respective
barangay,
or
alter
&executive
–Freedom
1987
and
jurisdiction
bayan,
repeal
Constitution
officer
(PD
panglungsod,
laws
and
– ordinances
EO respectively)
panlalawigan – Committees
ooIfdisagreement
Report
the “Other
the
and
•will
Conference
orecommendation
House”
houses
arises,
Vetoes
President
haveoin
differences
(within
introduces
Approves
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toCommittees
order
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to
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be
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and
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toofsigns
2be
the
after
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Conference
settled
President
by
receipt)
houses
both
pass
and
by
 • If the President vetoes – send back to the House where Enrolled
it bill and legislative
• journals - Conclusive upon the
originated with recommendation courts
o 2/3 of all members approves, it will be sent to theIf there is discrepancy
• between enrolled bill and journal,
other house for approval enrolled bill prevails.
o 2/3 of the other house approves – it shall become a
law Withdrawal of authentication, effect of
o If president did not act on the bill with in 30 days
Speaker and Senate •President may withdraw if there is
after receipt, bill becomes a law discrepancy between the text of the bill as deliberated and
• Summary : 3 ways of how a bill becomes a law. the enrolled bill.
President signs • Effect:
inaction of president with in 30 days after receipt o Nullifies the bill as enrolled
vetoed bill is repassed by congress by 2/3 votes of all its o Losses absolute verity
members, each house voting separately. o Courts may consult journals

Appropriations and revenue bills

• Same as procedure for the enactment of ordinary bills PARTS OF STATUTES
• Only difference is that they can only originate from the
Lower House but the Senate may propose/ concur with the Title of statute
amendments Mandatory law - Every • bill passed by Congress shall
• embrace
Limitations of passage (as per Constitution) Art 6 Sec. 27 (2) only one subject which shall be expressed in the
o congress may not increase the appropriation title thereof (Art 6, Sec 26 (1) 1987 Constitution)
recommended by the President XXX • 2 limitations upon legislation
o particular appropriation limited o To refrain from conglomeration, under one statute,
o procedure for Congress is the same to all other of heterogeneous subjects
department/ agencies (procedure for approving o Title of the bill should be couched in a language
appropriations ) sufficient to notify the legislators and the public
o special appropriations – national treasurer/ revenue and those concerned of the import of the single
proposal subject.
o no transfer of appropriations xxx authority to
augment Purposes of requirement (on 1 subject)
o discretionary funds – for public purposes Principal purpose: to• apprise the legislators of the object,
o general appropriations bills – when re-enacted nature, and scope of the provision of the bill and to prevent
the enactment into law of matters which have not received
o President my veto any particular item/s in an
the notice, action and study of the legislators.
appropriation revenue, or tariff bill.
o To prohibit duplicity in legislation
Authentication of bills • In sum of the purpose
o To prevent hodgepodge/ log-rolling legislation
• Before passed to the President
o To prevent surprise or fraud upon the legislature
• Indispensable
• By signing of Speaker and Senate President o To fairly apprise the people, through publication of
the subjects of the legislation
•
o Used as a guide in ascertaining legislative intent
Unimpeachability of legislative journals when the language of the act does not clearly
express its purpose; may clarify doubt or
• Journal of proceedings
ambiguity.
• Conclusive with respect to other matters that are required by
the Constitution
How requirement construed
• Disputable with respect to all other matters
• Liberally construed
• By reason of public policy, authenticity of laws should rest
If there is doubt, it should
• be resolved against the doubt and
upon public memorials of the most permanent character in favor of the constitutionality of the statute
• Should be public
When there is compliance with requirement
Enrolled bill Comprehensive
• enough - Include general object
• Bills passed by congress authenticated by the Speaker and If all parts of the•law are related, and are germane to the
the Senate President and approved by the President
subject matter expressed in the title
• Importing absolute verity and is binding on the courts
• Courts
really
Thus,
before
approved
amendment
decree.
oif
happened
It
If
cannot
itthere
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by
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inassurance
of
by
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the
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and
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discover
not
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that
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state states
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and
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When requirement not applicable Separability clause
• Apply only to bills which may thereafter be enacted into lawit states that if any• provision of the act is declared invalid,
• Does not apply to laws in force and existing at the time the the remainder shall not be affected thereby.
1935 Constitution took effect. It is not controlling and • the courts may invalidate the whole
• No application to municipal or city ordinances. statute where what is left, after the void part, is not complete
and workable
Effect of insufficiency of title Presumption
• – statute is effective as a whole
• Statute is null and void its effect: to create in • the place of such presumption the
• Where, the subject matter of a statute is not sufficiently opposite of separability.
expressed in its title, only so much of the subject matter as is
PRESIDENTIAL
not expressed therein is void, leaving the rest in force, unless ISSUANCES, RULES AND ORDINANCES
the invalid provisions are inseparable from the others, in
which case the nullity the former vitiates the latter Presidential issuances
are those which the •president issues in the exercise of
Enacting clause ordinance power.
• Written immediately after the title i.e. EO, AO (administrative • orders), proclamations, MO
• States the authority by which the act is enacted (memorandum orders), MC (memorandum circulars), and
general or special orders.
• Have force and effect of laws.
• #1 - Phil Commission – “ By authority of the President of the • EO
US, be it enacted by the US Philippine Commission” o acts of the President providing for rules of a
• #2 - Philippine Legislature- “ by authority of the US, be it general or permanent character in the
enacted by the Philippine Legislature” implementation or execution of constitutional/
• #3 - When #2 became bicameral: “Be it enacted by the statutory powers.
Senate and House of Representatives of the Philippines in o do not have the force and effect of laws enacted by
legislature assembled and by authority of the same” congress
• #4 - Commonwealth- “Be it enacted by the National o different from EO issued by the President in the ex
Assembly of the Philippines of her legislative power during the revolution
• #5 – when #4 became bicameral: “be it enacted by the Senate Presidential decree under the freedom constitution
and House of Representatives in congress assembled” – same • AO
1946-1972/1987-present. o acts of the President which relate to particular
• #6 – Batasang Pambansa: “Be it enacted by the Batasang aspects of governmental operations in pursuance of
Pambansa in session assembled” his duties as administrative head
• #7 – PD “ NOW THEREFORE, I ______ President of the • Proclamations
Philippines, by the powers vested in me by the Constitution o acts of the President fixing a date or declaring a
do hereby decree as follows” statute or condition of public moment or interest,
• #8 – EO “Now, therefore, I, ____ hereby order” upon the existence of which the operation of a
specific law or regulation is made to depend
Preamble • MO
• Defined – prefatory statement or explanation or a finding of o acts of the President on matters of administrative
facts, reciting the purpose, reason, or occasion for making details or of subordinate or temporary interest
the law to which it is prefixed” which only concern a particular officer or office of
• Found after enacting clause and before the body of the law. government
• Usually not used by legislations because content of the • MC
preamble is written in the explanatory note. o acts of the president on matters relating to internal
• But PDs and EOs have preambles. administration which the President desires to bring
to the attention of all or some of the departments,
Purview of statute agencies, bureaus, or offices of the government,
• that part which tells what the law is about for information of compliance
• body of statute should embrace only one subject should only • General or Specific Order
one subject matter, even there provisions should be allied o Acts and commands of the President in his
and germane to the subject and purpose of the bill. capacity as Commander-in-Chief of the AFP
• Statue is usually divided into section. w/c contains a single
proposition. Supreme Court circulars; rules and regulations
• Parts o effectivity
short
policy
definition
administrative
sections
transitory
separability
provisions
title
section
prescribing
imposing
provision
section
clause
clause
section
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 • Procedural rules – means of implementing existing right;
where to file an appeal for transferring the venue City ordinance
• Rules and regulations issued by the administrative or • Vested in Sangguniang panglungsod
executive officers in accordance with and authorized by law, Majority of• the quorum voting, ordinance is passed
have the force and effect of law • Submitted to Mayor within 10 days
o Requisites for validity o Approve
Rules should be germane to the objects o Veto – 2/3 of all members – approved
and purposes of the law o Inaction – deemed approved
Regulations be not in contradiction with, If city or component • city – submit to Sangguniang
but conform to, the standards that panlalawigan
the for review which shall take action within 30
law prescribes days, otherwise, it will be deemed valid
The be for the sole purpose of carrying
into effect the general provisions of the Provincial ordinance
law Sangguniang panlalawigan • – majority of quorum voting,
o Law cannot be restricted or extended passage of ordinance
o Law prevails over regulations, if there are Forwarded to the Governor • who within 15 days from receipt
discrepancies shall
• Rule-making power of public administrative agency is a o Approve
delegated legislative power – if it enlarges or restricts such o Veto – 2/3 of all members – approved
statute is invalid o Inaction – deemed approved
• Requisites for delegating a statute by legislative branch to
another branch of government to fill in details, execution, VALIDITY
enforcement, or administration of law…. the law must be:
o Complete in itself Presumption of constitutionality
o Fix a standard which may be express or implied • Every statute is presumed valid
Example of “standard” – simplicity and o Lies on how a law is enacted
dignity; public interest; public welfare;o Due respect to the legislative who passed and
interest of law and order; justice and executive who approved
equity and substantial merit of the case; o Responsibility of upholding the constitution rests
adequate and efficient instruction not on the courts alone but on the legislative and
• Example: executive branches as well
o Change of “and/or” to “or” – invalid Courts cannot inquire
• into the wisdom or propriety of laws
o Change of “may”(permissive) to “shall” To declare a law unconstitutional,
• the repugnancy of the law
(mandatory) – invalid (Grego v COMELEC pp 22) to the constitution must be clear and unequivocal
All reasonable doubts • should be resolved in favor of the
Administrative rule and interpretation distinguished constitutionality of law; to doubt is to sustain
• Rule – “makes” new law with the force and effect of a valid Final arbiter of unconstitutionality
• of law is the Supreme
law; binding on the courts even if they are not in agreement Court EN BANC (majority who took part and voted thereon)
with the policy stated therein or with its innate wisdom Nonetheless, trial courts
• have jurisdiction to initially decide
• Interpretation – merely advisory for it is the courts thatthe issue of constitutionality of a law in appropriate cases
finally determine what the law means
• Administrative construction is not necessarily binding upon Requisites for exercise of judicial power
the courts; it may be set aside by judicial department (if there • The existence of an appropriate case
is an error of law, or abuse of power or lack of jurisdiction or personal and• substantial by the party raising the
Interest
GAD – grave abuse of discretion) constitutional question
Plea that the function • be exercised at the earliest opportunity
Barangay ordinance
Necessity that the constitutional
• question be passed upon in
• Sangguniang barangay – smallest legislative body; may pass order to decide the case
an ordinance by majority of all its members; subject to
review by Sangguniang bayan/ panglungsod Appropriate case
• Sangguniang bayan/ panglungsod – take action on the Bona fide case – one • which raises a justiciable controversy
ordinance within 30 days from submission; if there’s
Judicial power is limited
• only to real, actual, earnest, and
inaction, it is presumed to be consistent with the municipal
vital controversy
or city ordinance; if inconsistency is found, it will remand to
Controversy is justiciable
• when it refers to matter which is
Municipal
• the Sangguniang
Lodged
Majority
Ordinance
veto;
approved;
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 jurisdiction on the branch or the part of any Effects of unconstitutionality
branch/ instrumentality of the Government • It confers no rights
• Imposes no duties
Standing to sue • Affords no protection
• Legal standing or locus standi – personal/ substantial interest • Creates no office
in the case such that the party has sustained or will sustain In general, inoperative
• as if it had never been passed
direct injury as a result of governmental act that is being
• 2 views:
challenged o Orthodox view – unconstitutional act is not a law;
• “interest” – an interest in issue affected by the decree decision affect ALL
• Citizen – acquires standing only if he can establish that he o Modern view – less stringent; the court in passing
has suffered some actual or threatened concrete injury as a upon the question of unconstitutionality does not
result of the allegedly illegal conduct of the government annul or repeal the statute if it finds it in conflict
o E.g. taxpayer – when it is shown that public funds with the Constitution; decisions affects parties
have been illegally disbursed ONLY and no judgment against the statute;
• Member of the Senate or of the House has legal standing to opinion of court may operate as a precedent; it
question the validity of the Presidential veto or a condition does not repeal, supersede, revoke, or annul the
imposed on an item in an appropriations bills statute
• SC may, in its discretion, take cognizance of a suit which
does not satisfy the requirement of legal standing Invalidity due to change of conditions
o E.g. calling by the President for the deployment of • Emergency laws
the Philippine Marines to join the PNP in visibility
It is deemed valid at• the time of its enactment as an exercise
patrols around the metro of police power
It becomes invalid only• because the change of conditions
When to raise constitutionality makes its continued operation violative of the Constitution,
• xxx at the earliest possible opportunity – i.e. in the pleading
and accordingly, the declaration of its nullity should only
• it may be raised in a motion for reconsideration / new trial affect
in the parties involved in the case and its effects applied
the lower court; or prospectively
• in criminal cases – at any stage of the proceedings or on
appeal Partial invalidity
• in civil cases, where it appears clearly that a determinationGeneral
of rule: that where
• part of a statute is void as repugnant
the question is necessary to a decision, and in cases where it
to the Constitution, while another part is valid, the valid
involves the jurisdiction of the court below portion, if separable from the invalid, may stand and be
enforced
Exception – that when• parts of a statute are so mutually
dependent and connected, as conditions, considerations,
Necessity of deciding constitutionality
inducements, or compensations for each other, as to warrant
• where the constitutional question is of paramount public a belief that the legislature intended them as a whole, the
interest and time is of the essence in the resolution of such
nullity of one part will vitiate the rest – such as in the case of
question, adherence to the strict procedural standard may be v Sec of Department of Energy and Antonio v.
Tatad
relaxed and the court, in its discretion, may squarely decide
COMELEC
the case
• where the question of validity, though apparently has EFFECT AND OPERATION
become moot, has become of paramount interest and there is
undeniable necessity for a ruling, strong reasons of public When laws take effect
policy may demand that its constitutionality be resolved Art 2 CC - “xxx laws• to be effective must be published either
in the Official Gazette or in a newspaper of general
Test of constitutionality
circulation in the country”
• … is what the Constitution provides in relation to what can o The effectivity provision refers to all statutes,
or may be done under the statute, and not by what it has been including those local and private, unless there are
done under it.
special laws providing a different effectivity
o If not within the legislative power to enact mechanism for particular statutes
o If vague – unconstitutional in 2 respects Sec 18 Chapter
• 5 Book 1 of Administrative Code
Violates due process • Effectivity of laws
Leaves law enforcers unbridled o default rule – 15-day period
discretion in carrying out its provisions o must be published either in the OG or newspaper
• Ordinances
o Where
It must
must
emergency
statute
policy
(test
not
there’s
not
be
ofbe
prohibit
validity
general
unfair
partial
unreasonable
contravene
laws
a change
but
are):
or
orand
oppressive
may
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the
of
consistent
regulate
circumstances
Constitution
trade
with or–public
anythe
issue
Requirement
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When
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15-day
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“unless
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itand
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MC
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 o Those whose purpose is to enforce or implement
existing law pursuant to a valid delegation or to fill
in the details of a statute; requires publication CHAPTER TWO: Construction and Interpretation
o Those which are merely interpretative in nature or
internal; does not require publication NATURE AND PURPOSE
• Requirements of filing (1987 Administrative Code):
o Every agency shall file with the UP Law Center 3 Construction defined
certified copies of every rule adopted by it. Rules Construction is the • art or process of discovering and
in force on the date of effectivity of this Code expounding the meaning and intention of the authors of the
which are not filed within 3 months from that datewhere that intention rendered doubtfully reason of
law,
shall not thereafter be the basis of any sanction ambiguity in its language or of the fact that the given case is
against any party/ persons not explicitly provided for in the law.
Construction is drawing • of warranted conclusions beyond
direct expression of the text expressions which are in spirit
When local ordinance takes effect though not within the text.
• Unless otherwise stated, the same shall take effect 10 days xxx inevitably, there• enters into the construction of statutes
from the date a copy is posted in a bulletin board at the play of JUDICIAL JUDGMENT within the limits of the
entrance of the provincial capitol or city, municipality or relevant legislative materials
barangay hall, AND in at least 2 other conspicuous places init involves the •EXERCISE OF CHOICE BY THE
the local government unit concerned JUDICIARY
• The secretary to the Sangguinian concerned shall cause the
posting not later than 5 days after approval; text will be Construction and interpretation distinguished
disseminated in English or Tagalog; the secretary They to the are so alike in• practical results and so are used
Sangguinian concerned shall record such fact in a book kept interchangeably; synonymous.
for that purpose, stating the dates of approval and posting
• Gist of ordinance with penal sanctions shall be published in a Construction Interpretation
newspaper of general circulation within the respective - process of drawing - artwarranted
of finding the true
province concerned; if NO newspaper of general circulation conclusions not meaningalwaysand sense of any form
in the province, POSTING shall be made in all included in direct expressions, of words
municipalities and cities of the province where the or determining the application
Sanggunian of origin is situated of words to facts in litigation
• For highly urbanized and independent component cities,
main features of the ordinance, in addition to the posting Rules of construction, generally
requirement shall be published once in a local newspaper.Rules In of statutory construction
• are tools used to ascertain
the absence of local newspaper, in any newspaper of general legislative intent.
circulation
NOT rules • of law but mere axioms of experience
o Highly urbanized city – minimum population of
In enacting a statute,• the legislature is presumed to know the
200,000 and with latest annual income of at least rules of statutory construction, in case of doubt, be construed
50M Php
in accordance with the settled principles of interpretation.
Legislature sometimes • adopts rules of statutory construction
Statutes continue in force until repealed
as part of the provisions of the statute: - see examples page
• Permanent/ indefinite – law once established continues until 49-50
changed by competent legislative power. It is not changed
Legislature also defines• to ascertain the meaning of vague,
by the change of sovereignty, except that of political nature
broad words/ terms
• Temporary – in force only for a limited period, and they
terminate upon expiration of the term stated or upon
Purpose of object of construction
occurrence of certain events; no repealing statute is needed
The purpose is to ascertain• and give effect to the intent of the
law.
Territorial and personal effect of statutes
The object of all judicial • interpretation of a statute is to
• All people within the jurisdiction of the Philippines
determine legislative intent, either expressly or impliedly, by
the language used; to determine the meaning and will of the
Manner of computing time
law making body and discover its true interpretations of law.
• See Art. 13 CC
• Where a statute requires the doing of an act within a Legislative intent, generally
specified number of days, such as ten days from notice, it •• gives
… is the essence of
• means
E.g.
If
done
Principle
APPLY
crime,
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next
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1the
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day
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Oct.
felony
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days
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is4,
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1946
and
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NOT
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Oct.
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a period
ten
last
Sunday
4,working
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1947
has
the
oflast”
in
or
act
prescription
by
the
legal
be
days
can
DOES
filed
then
period
still
holiday,
on
NOT
already
be
While
however,
of
depend
of
Intent
cthe
oftentimes
onsistent
amustis
the
more
be
the
that
Intent
with
enforced
terms
interchangeably
spirit
on
that
Legislative
the
aisdetermination
which
purpose,
sometimes
strict
the
when ascertainment
letter
the
synonymous
ascertained,
purpose
meaning,
used
law.
equated
of
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the
by
to
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legislative
the
although
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and
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 • A legislative purpose is the reason why a particular statute means (effect of the
If the
law)3r is
d first
was enacted by legislature. used, it will be judicial legislation
• Legislation “is an active instrument and government which,
for the purpose of interpretation means that laws have ends POWER TO CONSTRUE
to be achieved”
Construction is a judicial function
Legislative meaning It is the court that•has the final word as to what the law
• Legislative meaning is what the law, by its language, means. means.
• What it comprehends; It construes laws as it• decide cases based on fact and the law
• What it covers or embraces; involved
• What its limits or confines are. Laws are interpreted• in the context of a peculiar factual
• Intent and Meaning – synonymous situation of each case
• If there is ambiguity in the language used in a statute, Circumstances
its of time,
• place, event, person and particularly
purpose may indicate the meaning of the language and lead attendant circumstances and actions before, during and after
to what the legislative intent is the operative fact have taken their totality so that justice can
be rationally and fairly dispensed.
Graphical illustration – • Moot and academic –
o Purpose has become stale
Federation of Free Farmers v CA. o No practical relief can be granted
• RA No. 809 Sec. 1 – “In absence of a written milling o Relief has no practical effect
agreements between the majority of the planters and the General• rule (on mootness) – dismiss the case
millers, the unrefined sugar as well as all by-products shall
o Exception:
be divided between them”
If capable of repetition, yet evading
• RA 809 Sec. 9 – “The proceeds of any increase in
review
participation granted by the planters under this act and above
Public interest requires its resolution
their present share shall be divided between the planter and
his laborer in the proportion of 60% laborer and 40% Rendering decision on the merits would
planter” be of practical value
• To give literal import in interpreting the two section will
Legislative cannot overrule judicial construction
defeat the purpose of the Act
• The purpose: It cannot preclude the• courts from giving the statute different
interpretation
o Continuous production of sugar
• Legislative – enact laws
o To grant the laborers a share in the increased
• Executive- to execute laws
participation of planters in the sugar produce
• Judicial- interpretation and application
• The legislative intent is, thus to make the act operative
irrespective of whether there exists a milling agreement If the legislature may
• declare what a law means – it will
between central and the sugar planters. cause confusion…it will be violative of the fundamental
principles of the constitution of separation powers.
Matters inquired into in construing a statute Legislative construction
• is called resolution or declaratory
• “It is not enough to ascertain the intention of the statute; it is act
also necessary to see whether the intention or meaning has
been expressed in such a way as to give it legal effect or
validity”
Endencia v David
• Thus: The object of inquiry is not only to know what the
legislature used sufficiently expresses that meaning. Explains The why legislative
• cannot overrule Supreme Court’s
legal act is made up of 2 elements: decision
o internal – intention
o external- expression Perfecto v. Meer
Art. 8 Sec. 9 1935 Constitution
• – SC’s interpretation: “shall
• Failure of the latter may defeat the former
receive such compensation as may be fixed by law, which
shall not be diminished during their continuance in office” –
exempt from income tax
Where legislative intent is ascertained Legislative passed• RA 590 Sec. 13 – “no salary whenever
received by any public officer of the Republic shall be
• The primary source of legislative intent is the statute itself.
considered exempt from the income tax, payment of which is
• If theas:
because
such ostatute as
Legislative
Purpose
when
ofthe
mind aof
atwhole
circumstances
redressed
induced
be
passage
ambiguity,
all
suppressed,
law.these
the
the fails
history
time
the
means – to
enactment
statute
were;
court
and
the indicate
what
fail,
–statute
the
may
what
of
look
reason
was the
policy
the
look
evil
was
into
law,
in legislative
beyond
or
the
enacted;
which
the
was
cause
theeffect intent
legislative
meant
mischief
the
dictated
which
what
statute
of
Art
to
pthe
hereby
ublic
to
Thus,
Constitution
its
be
8 Sec.
officer
judiciary
declared
9 1935
or
–Violative
shall
When
“no
not
isemployee,
not
•be
salary
to
–judicial
exempt
repealed
be
exempt
of
fixed
Source
RA
aor
principle
including
diminution
590
interpretation
any
by
from
from
of
by
the
Sec
form
confusion
payment
payment
on
Constitution
Art.
13
constitutional
of
separation
– emolument
15
unconstitutional
his
may
of
ofcompensation
Sec.
tax
income
beor
of
set
anymore
officers,
6by
powers
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aside
1973
law”
tax”
any
 • “Interpretations may be set aside.” The interpretation of Issue:
a whether ballots• not signed at the back by the chairman
statute or a constitutional provision by the courts is not soof the Board of Election Inspectors (BEI) are spurious, since
sacrosanct as to be beyond modification or nullification. it violated Sec. 24 RA 7166
• The Supreme Court itself may, in an appropriate case change Held: not spurious;
• only renders the BEI accountable
or overrule its previous construction.
• The rule that the Supreme Court has the final word in the Rulings of Supreme Court part of legal system
interpretation or construction of a stature merely means thatArt. 8 CC – “Judicial• decisions applying or interpreting the
the legislature cannot, by law or resolution, modify or annul
laws or the Constitution shall form part of the legal system of
the judicial construction without modifying or repealing the the Philippines”
very statute which has been the subject of construction. It •Legis interpretato legis– vim
authoritative
obtinet
can, and it has done so, by amending or repealing the statute,
interpretation of the SC of a statute acquires the force of law
the consequence of which is that the previous judicial by becoming a part thereof as of the date of its enactment ,
construction of the statute is modified or set aside
since the court’s interpretation merely establishes the
accordingly. contemporaneous legislative intent that the statute thus
construed intends to effectuate
When court may construe statute
• “The court may construe or interpret a statute under the • Stare decisis etwhen
non the
quieta
SCnovere
has once–
condition that THERE IS DOUBT OR AMBIGUITY” laid down a principle of law as applicable to a certain state of
• Ambiguity – a condition of admitting 2 or more meanings. facts, it will adhere to that principle and apply it to all future
Susceptible of more than one interpretation. casese where the facts are substantially the same
o For stability and certainty
• Only when the law is ambiguous or doubtful of meaning
may the court interpret or construe its intent. Supreme Court becomes, • to the extent applicable, the criteria
that must control the actuations not only of those called upon
Court may not construe where statute is clear to abide thereby but also of those duty-bound to enforce
• A statute that is clear and unambiguous is not susceptible of obedience thereto.
interpretations. •SC rulings are binding on inferior courts
• First and fundamental duty of court – to apply the law
Judicial rulings have no retroactive effect
• Construction – very last function which the court should
exercise Lex prospicit not respicit
• - the law looks forward, not
• Law is clear – no room for interpretation, only room for backward
application Rationale: Retroactive • application of a law usually divest
rights that have already become vested or impairs he
• Courts cannot enlarge or limit the law if it is clear and free
from ambiguity (even if law is harsh or onerous obligations of contract and hence is unconstitutional.
• A meaning that does not appear nor is intended or reflected
Peo v. Jabinal
in the very language of the statute cannot be placed therein
by construction Peo v Macarandang•– peace officer exempted from issuance
of license of firearms – included a secret agent hired by a
governor
Manikan v. Tanodbayan
• Sec. 7 PD 1716-A – “sole police authority” of EPZA Peo. v. Mapa – abandoned
• doctrine of Macarandang in 1967
officials may not be construed as an exception to, The or present case, • Jabinal was arraigned while the
Macarandang
limitation on, the authority of the Tanodbayan to investigate Doctrine was still prevailing, however, the
complaints for violation of the anti-graft law committed by decision was promulgated when the Mapa doctrine was in
the EPZA officials place
• EPZA’s power – not exclusive; “sole” refers to police The Court held that
• Jabinal is acquitted using stare decisis
authority not emplyed to describe other power doctrine and retroactivity doctrine
Co. v. CA
Lapid v. CA On BP 22, Co is acquitted
• in relying on the Circular issued;
• Issue: whether or not the decision of the Ombudsman Que doctrine, which convicted Que under BP 22, was not
imposing a penalty of suspension of one year without pay is given retroactive application
immediately executory
Roa v. Collector of Customs
• Administrative Code and LGC – not suppletory to
Ombudsman Act • Used jus soli (place of birth)
• These three laws are related or deal with public officers, but • SC favored jus sanguinis (by blood)
are totally different statutes However, the abandonment
• of the principle of jus soli did
not divest the citizenship of those who, by virtue of the
Land •Bank
Libanan v. bonds
An
not
are
DAR
SC
HRET
v. CA
clear
administrative
construe
held
interpreted
and
thatitunambiguous
“deposits”
by“deposits”
expanding
agency istasked
toits
limited
include
meaning
to implement
only
trust
where
to
accounts”
cash
aitsstatute
provisions
andprinciple
may
LBP
Belisario
was
Monge
involved
Issue:
Theenunciated
SCwhen
vheld
before
Angeles
took
v. IAC
to
that
place
Benzonan
count
in(1988)
its
the
(1957)
Monge
the
prior
•rejection,
doctrine
the
date
– and
v.
citizens
granted
of
to
from
and
5-year
of
CA
Belisario
the
Tupas
conveyance
Tupas
that
the
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period
CA
of
should
period
vthe
because
141
and
Damaso
period
Philippines
to
of
after
apply
not
orrepurchase
foreclosure
the
were
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of(1984)
the
isrepurchase
transactions
which
that
expiration
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–which
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sale
 laid down in the latter case which should be applied It is used as an aid,•in case of doubt in its language to its
prospectively construction and to ascertaining legislative will.
If the meaning of the• statute is obscure, courts may resort to
Court may issue guidelines in construing statute the title to clear the obscurity.
• In construing a statute, the enforcement of which may tread The title may indicate • the legislative intent to extend or
on sensitive areas of constitutional rights, the court restrict may the scope of law, and a statute couched in a language
issue guidelines in applying the statute, not to enlarge of ordoubtful import will be constructed to conform to the
restrict it but to clearly delineate what the law is. legislative intent as disclosed in its title.
Resorted as an aid where • there is doubt as to the meaning of
Peo. v. Ferrer the law or as to the intention of the legislature in enacting it,
• What acts that may be considered liable under the Anti- and not otherwise.
Subversion Act Serve as a guide to• ascertaining legislative intent carries
more weight in this jurisdiction because of the constitutional
Morales v. Enrile requirement that “every bill shall embrace only one subject
• Rights of a person under custodial investigation who shall be expressed in the title thereof.
The constitutional injunction • makes the title an indispensable
part of a statute.
RP v. CA/ Molina
• Guidelines for ascertaining psychological incapacity of an Baguio v. Marcos
erring spouse in a void marriage under Art. 36 FC The question raised is• when to count the 40 yr period to file a
petition for reopening of cadastral proceedings (to settle and
LIMITATIONS ON POWER TO CONSTRUE adjudicate the titles to the various lots embraced in the
survey) as authorized by RA 931 covering the lands that
Courts may not enlarge nor restrict statutes have been or about to be declared land of public domain, by
• Courts are not authorized to insert into the law what they virtue of judicial proceedings instituted w/in the 40 years
think should be in it or to supply what they the legislature next preceding the approval of this act.
would have supplied if its intention had been called to the The question is asked • if the proceeding be reopened
omission. originally instituted in court April 12, 1912 or November 25,
• They should not by construction, revise even the 1922, most the counted date form which the decision therein
arbitrary or unfair action of the legislature, nor rewrite therendered became final. Petition was filed on July 25, 1961
law to conform to what they think should be the law. Title of the Law “An• Act to authorize the filing in the proper
• Neither should the courts construe statutes which court are under certain conditions of certain claims of title to
perfectly vague for it violates due process parcels of land that have been declared public land, by virtue
o Failure to accord persons fair notice of the conduct of the approval of this act.”
to avoid There was an apparent • inconsistency between the title and
o Leave law enforcers unbridled discretion in body of the law.
carrying out its provisions It ruled that the starting• date to count the period is the date
• 2 leading stars on judicial construction the final decision was rendered.
o Good faith It recites that it authorizes • court proceedings of claims to
o commonsense parcels of land declared public by virtue of judicial decisions
• an utterly vague act on its face cannot be clarified by either rendered
a within forty years next preceding the approval of
saving clause or by construction this act.
That title written in • capital letters by Congress itself; such
Courts not to be influenced by questions of wisdom kind of title then is not to be classed with words or titles used
• Courts do not sit to resolve the merit of conflicting theories by compilers of statues because it is the legislature speaking.
• Courts do not pass upon question of wisdom, justice Words or by virtue of •judicial decisions rendered in the title of
expediency of legislation, for it’s not within their provincethe to law stand in equal importance to the phrase in Sections 1
supervise legislation and keep it within the bounds of thereof by virtue of judicial proceedings instituted.
common sense. The court ruled that • examining Act no. 2874 in detail was
• The court merely interpret regardless of whether or not they intended to apply to public lands only for the title of the act,
wise or salutary. always indicative of legislative intent.
No bill shall embrace • more than one subject, which subject
CHAPTER THREE: Aids to Construction shall be expressed in the title of the bill, the words and for
other purposes’ when found in the title have been held to be
IN GENERAL without force or effect whatsoever and have been altogether
Title ••
Generally Where
warranted
construction
the
The
of
extraneous
called
the
statute.
aids
extrinsic
statute
the
to facts
construction
in
meaning
in itself;
order
availing
aids
and circumstances
.that
know
of are
aitself
it statue
can
those
as the
ascertain
offound
isoutside
intrinsic
all
ambiguous,
illegitimate
in
thethe
theaids,
true
printed
printed
the
and
intent
court
aids
pageto
those
page,
“undertaken
EO
government
ofThe
Outlining
irregularities
istoonly
the
issue
The
end
applies
is
or
the
officials
very
raised
that
should
information
previous
Ebarle
procedure
title
no
towhether
•preliminary
and
be
administrative
speaks
v.compliance
Sucaldito
guided”
discarded
complaints.
employees
Executive
by
file
of which
commission
investigation
in
applies
in
with
court
and
construing
order
with
complaints
the
tonot
criminal
unless
of
executive
no.
commission
thereof
irregularities.
to
264
thecharging
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actions,
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is
 land owner, succeeds in occupying or possessing the
When resort to title not authorized property of the latter against his will for residential,
• The text of the statute is clear and free from doubt, it is commercial or any other purposes.
improper to resort to its title to make it obscure. The decree was promulgated
• to solve the squatting problem
• The title may be resorted to in order to remove, but not towhich according to its preamble is still a m ajor problem in
create doubt. urban communities all over the country and because many
persons and entities found to have been unlawfully
Preamble occupying public and private lands belong to the affluent
• It is a part of the statute written immediately after its title, class.
which states the purpose, reason for the enactment of the The court said that
• crime may only be committed in urban
law. communities and not in agricultural and pastural lands
• Usually express in whereas clauses. because the preamble of the decree shows that it was
• Generally omitted in statutes passed by: intended to apply for squatting in urban lands, more
• Phil. Commission particularly to illegal constructions.
• Phil. Legislature
Context of whole text
• National Assembly
To ascertain legislative
• intent is the statute itself taken as a
• Congress of the Phil
whole and in relation to one another considering the whole
• Batasang Pambansa context of the statute and not from an isolated part of the
• These legislative bodies used the explanatory note to explain provision.
the reasons for the enactment of statutes.
The meaning
• dictated by the context prevails.
• Extensively used if Presidential decrees issued byEvery the section, provision,
• or clause of the statute must be
President in the exercise of his legislative power. expounded by reference to each other in order to arrive at the
• When the meaning of a statute is clear and unambiguous, the effect contemplated by the legislature.
preamble can neither expand nor restrict its operation, much
less prevail over its text. Nor can be used as basis for giving Punctuation marks
a statute a meaning.
Semi- colon – used •to indicate a separation in the relation of
• When the statute is ambiguous, the preamble can be resorted the thought, what follows must have a relation to the same
to clarify the ambiguity. matter it precedes it.
• Preamble is the key of the statute, to open the minds ofComma
the and semi- colon
• are use for the same purpose to
lawmakers as to the purpose is achieved, the mischief to bedivide sentences, but the semi – colon makes the division a
remedied, and the object to be accomplished, by little the more pronounce. Both are not used to introduce a new
provisions of the legislature. idea.
• May decide the proper construction to be given to the statute.
Punctuation marks are • aids of low degree and can never
• May restrict to what otherwise appears to be a broad scope of control against the intelligible meaning of written words.
law. An ambiguity of a statute
• which may be partially or wholly
• It may express the legislative intent to make the law applysolved by a punctuation mark may be considered in the
retroactively in which case the law has to be given construction of a statute.
retroactive effect. The qualifying effect• of a word or phrase may be confined to
its last antecedent if the latter is separated by a comma from
Illustration of rule the other antecedents.
An argument• based on punctuation is not persuasive.
People v. Purisima
• A person was charged w/ violation of PD 9 which penalizes, Illustrative examples
among others, the carrying outside of one’s residence any
bladed, blunt or pointed weapon not used as a necessary tool Florentino v. PNB
or implement for livelihood, with imprisonment ranging
“who may be willing• to accept the same for such settlement”
from five to ten years. – this implies discretion
• Question rose whether the carrying of such weapon SC should held: only the last • antecedent – “any citizen of the
be in relation to subversion, rebellion, insurrection, lawless
Philippines or any association or corporation organized
violence, criminality, chaos or public disorder as a necessary under the laws of the Philippines”
element of the crime.
xxx pursuant to which • backpay certificate-holders can
• The mere carrying of such weapon outside one’s residence is
compel government-owned banks to accept said certificates
sufficient to constitute a violation of the law for payment of their obligations subsisting at the time of the
• Pursuant to the preamble which spelled out the events that amendatory act was approved
ledthe
Peo v.• Echavez
of
“anytoseverity
threat,the
preamble
The
suggests
justified
blunt
Issue:
could enactment
weapon
person
be
or
decree
whether
by
taking
that
held
asassociating
inof
with
who,
it to of
is any thethe
isindispensable
criminally
aadvantage
the person
require
penalty
with decree
a serious
of liable
who
of
the
carrying
for the
element
purposes
the
use
offense,clear
motivation
for
squatted
the
absence
the
ofout intent
violation
ofstated
force,
which
violation
the
of
or
on
mentioned
such
crime.
may
of
itsand
tolerance
in pastoral
of
bladed
the spirit
aintimidation
preamble.
PD
only
inof
decree
772
Subsidiary
the
dishonesty,
land
“if
of
the
“dishonesty”
the
beor
the
course
charge
non-payment
An
imprisonment
oppression,
ofaid
against
the
Nera
Peo.
Capitalization
andof
performance
“oppression”
v.
low
•v.such
Subido
of
Garcia
ordegree
indemnity
in
performance
grave
subordinate
case
ofof
in
letters
misconduct
of
–duty
the
need
insolvency
and
construction
of
by
ornon-payment
not
his
employee
thebe
or
duty”
person
qualifies
neglect
committed
ofinvolves
charges
statute.
ofinboth
fine
the
in
 Purpose of law or mischief to be suppressed
• or suppressed and the causes which
Intended to be removed
Headnotes or epigraphs
induced the enactment of the law are important factors to be
• Secondary aids considered in this construction.
• They are prefixed to sections, or chapters of a statute for o Purpose or object of the law
ready reference or classification. o Mischief intended to be removed
• Not entitled too much weight, and inferences drawn there o Causes which induced the enactment of the law
from are of little value and they can never control the plain
Must be read in such
• a way as to give effect to the purpose
terms of the enacting clauses, for they are not part of the law.
projected in the statute.
• The provisions of each article are controlling upon the
The purpose of the •general rule is not determinative of the
subject thereof and operate as a general rule for settling such
proper construction to be given to the exceptions.
questions as are embraced therein.
Purpose of statute is• more important than the rules of
• When the text of a statute is clear and unambiguous, there is
grammar and logic in ascertaining the meaning
neither necessity nor propriety to resort to the headings or
epigraphs of a section for interpretation of the text, especially
Dictionaries
when they are mere reference aids indicating the general
nature of the text that follows. A statute
• does not define word or phrases used.
Generally define words
• in their natural plain and ordinary
Lingual text acceptance and significance.
• Rule is that, unless provided, where a statute is promulgated
Consequences of various constructions
in English and Spanish, English shall govern but in case of
ambiguity, Spanish may be consulted to explain the English Inquired
• as an additional aid to interpretation.
text. A construction of a statute
• should be rejected that will cause
• injustice and hardship, result in absurdity, defeat legislative
A statute is officially promulgated in Spanish or in English,
or in Filipino intent or spirit, preclude accomplishment of legislative
purpose or object, render certain words or phrases a
• “In the interpretation of a law or administrative issuance
promulgated in all the official languages, the English textsurplusage, nullify the statute or make any of its provisions
nugatory.
shall control, unless otherwise provided.

Intent or spirit of law Presumptions

Based on logic, experience,
• and common sense, and in the
absence of compelling reasons to the contrary, doubts as to
• It is the law itself.
the proper and correct construction of a statute will be
• Controlling factor, leading star and guiding light in the
resolved in favor of that construction which is in accord with
application and interpretation of a statute. the presumption on the matter.
• A statute must be according to its spirit or intent. o Constitutionality of a statute
• The courts cannot assume an intent in no way expressed and o Completeness
then construe the statute to accomplish the supposed
o Prospective operation
intention; otherwise they would pass beyond the bounds of
o Right and justice
judicial power to usurp legislative power.
o Effective, sensible, beneficial and reasonable
Policy of law operation as a whole
• Should be given effect by the judiciary. o Against inconsistency and implied repeal
• One way to accomplish this mandate is to give a statute of unnecessary changes in law
doubtful meaning, a construction that will promote public impossibility
policy. absurdity
injustice and hardship
Tinio v. Francis inconvenience
• Policy of the law – to conserve the land of the homesteader ineffectiveness.
• xxx not be subject to encumbrance/ alienation from the date
of the approval of the application and for a term of 5 years LEGISLATIVE HISTORY
from and after the date of the issuance of the patent or grant
o from the ORDER for the issuance of patent Generally
o if literal interpretation is to be used, policy will be A statute is susceptible• of several interpretations or where
defeated there is ambiguity in the language, there is no better means
of ascertaining the will and intention of the legislature than
Cajiuat
• v. Mathay
apolicy
addition
existing
grant
“other
lawoofwhich
benefits”
–Payment
Refund
double
against
laws”
to
vacation
grants
other
of
gratuity
CANNOT
double
may
of
contributions
and
retirable
benefits
be
thepensions
sick
money
be
leaves
employees
which
construed
forvalue
thethey
same
certain
asof are
toservices
accumulated
authorize
gratuity
entitledHistory
“in
Its
the
the
under
history
timeof
o President’s
the
that
proper
a bill
statute
which
oWhat
The
iscovers
introduced
•constitutes
explanatory
refers
is
message
inception
afforded
the
legislature.
What
toperiod
until
all
itlegislative
ifby
until
includes:
note
its
the
itthe
response
andisits
accompanying
antecedents
history
finally
the
bill
enactment
history
steps
thereto,
isof
passed
enacted
the
done
from
into
statute.
the
byfrom
law.
bill
the
its
in
 o Committee reports of legislative investigations Courts are permitted•to prior laws on the same subject and to
o Public hearings on the subject of the bill investigate the antecedents of the statute involved.
o Sponsorship speech This is applicable in• the interpretation of codes, revised or
o Debates and deliberations concerning the bill compiled statutes, for the prior law which have been
o Amendments and changes in phraseology in which codified, compiled or revised will show the legislative
it undergoes before final approval thereof. history that will clarify the intent of the law or shed light on
o If the statute is based from a revision, a prior the meaning and scope of the codified or revised statute.
statute, the latter’s practical application and
judicial construction, Peo. v. Manantan
o Various amendments it underwent Issue: whether
• or not justice of peace is included
o Contemporary events at the Contention of Manantan,
• who is a justice of peace, is that the
omission of “justice of peace” revealed the intention of the
President’s message to legislature legislature to exclude such from its operation
• Held:
The president shall address the congress at the opening of its contention denied.
• In holding that the word “judge”
regular session or appear before it at any other time. includes “justice of peace”, the Court said that “a review of
• Usually contains proposed legal measures. the history of the Revised Election Code will help justify and
clarify the above conclusion”
• Indicates his thinking on the proposed legislation, when
enacted into law, follows his line of thinking on the matter.
Director of Lands v. Abaya
Explanatory note When to count the 10-year
• period, either from the date the
• A short exposition of explanation accompanying a proposed decision was rendered or from the date judicial proceedings
legislation by its author or proponent. instituted in cadastral cases
• Where there is ambiguity in a statute or where a statute Held:
is court resolved• the issue by referring to 4 older laws
which have in common that counting of the period starts
susceptible of more than one interpretation, courts may resort
from the date of the institution of the judicial proceeding and
to the explanatory note to clarify the ambiguity and ascertain
the purpose or intent of the statute. not from the date the judgment is rendered
• Used to give effect to the purpose or intent as disclosed in its
explanatory note.
Salaysay v. Castro
• A statute affected or changed an existing law and the
• “Actually holding” ~ “lastly elected”
explanatory note to the bill which has eventually enacted into
a law states that the purpose is too simply to secureThus, the a vice mayor• acting as mayor is not included in the
prompt action on a certain matter by the officer concerned provision
and not to change the existing law; the statute should be
construed to carry out such purpose. Change in phraseology by amendments
• It may be used as a basis for giving a statute a meaning that Intents•to change the meaning of the provision.
is inconsistent with what is expressed in the text of the A statute has undergone
• several amendments, each
statute. amendment using different phraseology, the deliberate
selection of language differing from that of the earlier act on
Legislative debates, views and deliberations the subject indicates that a change in meaning of the law was
intended and courts should so construe that statute as to
• Courts may avail to themselves the actual proceedings of the
legislative body to assist in determining the construction of a reflect such change in meaning.
statute of doubtful meaning.
Commissioner of Customs v. CTA
• There is doubt to what a provision of a statute means, that
meaning which was put to the provision during the “national port” (new • law) not the same as “any port” (old
legislative deliberation or discussion on the bill may be law); otherwise, “national” will be a surplusage
adopted.
Amendment by deletion
• Views expressed are as to the bill’s purpose, meaning or
effect are not controlling in the interpretation of the law. Deletion of certain words
• or phrases in a statute indicates
that the legislature intended to change the meaning of the
• It is impossible to determine with authority what
statute, for the presumption is that the legislation would not
construction was put upon an act by the members of the
have made the deletion had the intention been not effect a
legislative body that passed the bill.
change in its meaning.
• The opinions expressed by legislators in the course of
A statute containing• a provision prohibiting the doing of a
debates concerning the application of existing laws are not
certain thing is amended by deleting such provision.
also given decisive weight, especially where the legislator
Reports
Prior of was
•laws When
not
or
as nota aastatute
Commissions
laws
proposed
from
commissions
individual
to
itinquire
has
on
the
which member
not
intention
code.
particular
into
statute
been of
members,
are
isthe
cleartheinassembly
expressed
usually
of
issubject
motives
the
based
anddraftsman,
formed
voting
and
free
into
which
to
thethat
from
for
to
prepareenacted
influence
act.
compile
or
its
ambiguity,
the
passage;
the theno said
legislators,
and
the
draft
courts
collatelaws.
legislature
indeed
ofsowill
Held:
with
the
respondents
all
Ombusman
far
Issue:
administrative
preventively
regard
Court
whether
and answered
other
and
in
to administrative
Gloria
Buenaseda
payment
acharges
suspended
his
benefits
public
•deputy
in
v. the
CA
against
officer
of
deleted
during
v.negative
can
Flavier
salaries
pending
cases
him,
or
only
in
such
the
employee,
who
because
during
ispreventive
preventively
investigation
new
entitled
are law
suspension
employed
such
who
tosuspension
his
provision
has
suspend
ofsalary
inbeen
was
the
his
 office, and not those who are employees in other department Law is not a watertight• compartment sealed or shut off from
or offices of the government the contact with the drama of life which unfolds before our
eyes.
Exceptions to the rule (of amendment by deletion)
• An amendment of the statue indicates a change in meaning CONTEMPORARY CONSTRUCTION
from that which the statute originally had applies only when
the intention is clear to change the previous meaning of the Generally
old law. Are the constructions • placed upon statutes at the time of, or
• Rules don’t apply when the intent is clear that the after their enactment by the executive, legislative or judicial
amendment is precisely to plainly express the construction authorities,
of as well as by those who involve in the process of
the act prior to its amendment because its language is notlegislation are knowledgeable of the intent and purpose of
sufficiently expressive of such construction. the law.
• Frequently, words do not materially affect the sense will be Contemporary
• construction is strongest in law.
omitted from the statute as incorporated in the code or
revised statute, or that some general idea will be expressed in Executive construction, generally; kinds of
brief phrases. Is the construction placed
• upon the statute by an executive or
administrative officer.
Adopted statutes • Three types of interpretation
• Foreign statutes are adopted in this country or from local o Construction by an executive or administrative
laws are patterned form parts of the legislative history of the officer directly called to implement the law.
latter. o Construction by the secretary of justice in his
• Local statutes are patterned after or copied from those of capacity as the chief legal adviser of the
another country, the decision of the courts in such country government.
construing those laws are entitled to great weight in the o Handed down in an adversary proceeding in the
interpretation of such local statutes. form of a ruling by an executive officer exercising
quasi-judicial power.
Limitations of rule
• A statute which has been adopted from that of a foreign Weight accorded to contemporaneous construction
country should be construed in accordance with Where the there is doubt• as to the proper interpretation of a
construction given it in the country of origin is not without
statute, the uniform construction placed upon it by the
limitations. executive or administrative officer charged with its
enforcement will be adopted if necessary to resolve the
Principles of common law doubt.
• Known as Anglo-American jurisprudence which is noTrue in expression of •the legislative purpose, especially if the
force in this country, save only insofar as it is founded on construction is followed for a considerable period of time.
sound principles applicable to local conditions and is not in
conflict with existing law, nevertheless, many of the Nestle Philippines, Inc. v. CA
principles of the common law have been imported into this Reasons for why interpretation
• of an administrative agency
jurisdiction as a result of the enactment of laws and is generally accorded great respect
establishment of institutions similar to those of the US. o Emergence of multifarious needs of a modernizing
society
o Also relates to experience and growth of
specialized capabilities by the administrative
agency
Conditions at time of enactment o They have the competence, expertness, experience
• In enacting a statute, the legislature is presumed to have
and informed judgment, and the fact that they
taken into account the existing conditions of things at the
frequently are the drafters of the law they interpret
time of its enactment.
• In the interpretations of a statute, consider the physical Philippine Sugar Central v. Collector of Customs
conditions of the country and the circumstances then obtain
Issue: whether the government
• can legally collect duties “as
understanding as to the intent of the legislature or as to the
a charge for wharfage” required by a statute upon all articles
meaning of the statute. exported through privately-owned wharves
Held: the court reasoned • in the affirmative by saying “the
History of the times
language of the Act could have been made more specific and
• A court may look to the history of the times, examining the
certain, but in view of its history, its long continuous
• state
A of things
protoplasm
In
constitutional
grew
some
and
inquiry.
Law
must
such
circumstances.
statute
determining
the
being
and
be
culture
direct
should
good
to existing
interpreted
floating
arelationship,
which
manifestation
provision,
and
the be when
tonotmeaning,
progress
around
itbetaking
may the
accomplished
construed
the
theinbe statute
intent,
of
history
into
evils
space.
including
rationally
social was
inconsideration
and
intended
aofspirit
are
culture
the
purposeenacted.
allsupposed
proper
as
times
to
the
ifbe
and
of
itthe
concomitant
ofawere
remedied
subjects
law
progress
which
to
stage
and
government
bear
orquestion,
Common
awhere
conduct
construction,
Iofof
under
concerned
the
indicating
usage
even
it,
is
usage
entitled
Weight
and
we
and
though
andhas
what
aare
•has
practice
particular
accorded
to
been
the
extended
has
clearly
wharf
have
sugar
been
under
acquiesced
to
and
undertaking
was
of
over
done
usage
the
receive
the
shipped
astatute,
and
long
in
and
opinion
by
accomplished
of
practice
period
the
from
all
orit,the
amoney
especially
course
that
aofprivate
parties
time.
the
by
of
in
 • Optimus interpres rerum usus – It is
the best interpretation of thean invaluable aid• in the construction or interpretation of
law is usage. statutes of doubtful meaning.
Stare decisis et non• quieta movere – one should follow past
precedents and should not disturb what has been settled.
Supreme Court has •the constitutional duty not only of
Construction of rules and regulations interpreting and applying the law in accordance with prior
• This rule-making power, authorities sustain the principle that doctrines but also of protecting society from the
the interpretation by those charged with their enforcement is improvidence and wantonness wrought by needless
entitled to great weight by the court in the latter’s upheavals in such interpretations and applications
construction of such rules and regulations. In order•that it will come within thestaredoctrine
decisis,
of
must be categorically stated on an issue expressly raised by
Reasons why contemporaneous construction is given much weight the parties; it must be a direct ruling, not merely an obiter
• It is entitled to great weight because it comes from the dictum
particular branch of government called upon to implement Obiter dictum – opinion • expressed by a court upon some
the law thus construed. question of law which is not necessary to the decision of the
• Are presumed to have familiarized themselves with all the case before it; not binding as a precedent
considerations pertinent to the meaning and purpose of theThe principle presupposes• that the facts of the precedent and
law, and to have formed an independent, conscientious and the case to which it is applied are substantially the same.
competent expert opinion thereon Where the facts are• dissimilar, then the principle of stare
decisis does not apply.
The rule of stare •decisis is not absolute. It does not apply
when there is a conflict between the precedent and the law.
When contemporaneous construction disregarded The duty of the court• is to forsake and abandon any doctrine
• When there is no ambiguity in the law. or rule found to be in violation of law in force
• If it is clearly erroneous, the same must be declared null and
Inferior courts as well• as the legislature cannot abandon a
void. precedent enunciated by the SC except by way of repeal or
amendment of the law itself
Erroneous contemporaneous construction does not preclude correction
nor create rights; exceptions CHAPTER FOUR: Adherence to, or departure from, language of
• The doctrine of estoppel does not preclude correction of the statute
erroneous construction by the officer himself by his
successor or by the court in an appropriate case. LITERAL INTERPRETATION
• An erroneous contemporeaneous construction creates no
vested right on the part of those relied upon, and followed Literal meaning or plain-meaning rule
such construction. General rule: if statute• is clear, plain and free from
ambiguity, it must be given its literal meaning and applied
Legislative interpretation without attempted interpretation
• Take form of an implied acquiescence to, or approval of, an o Verba legis
executive or judicial construction of a statute. o Index animi sermo – speech is the index of
• The legislature cannot limit or restrict the power granted to intention
the courts by the constitution. o Words employed by the legislature in a statute
correctly express its intent or will
Legislative approval o Verba legis non est recedendum – from the words
• Legislative is presumed to have full knowledge of a of a statute there should be no departure
contemporaneous or practical construction of a statute by an o Thus, what is not clearly provided in the law
administrative or executive officer charged with its cannot be extended to those matters outside its
enforcement. scope
• The legislature may approve or ratify such contemporaneousJudicial legislation •– an encroachment upon legislative
construction. prerogative to define the wisdom of the law
• May also be showmen by the legislature appropriatingo Courts must administer the law as they find it
money for the officer designated to perform a task pursuant without regard to consequences
to interpretation of a statute.
• Legislative ratification is equivalent to a mandate. National Federation of Labor v. NLRC
Employees were claiming • separation pay on the basis of Art.
Reenactment
Stare •decisis
Most that
The
adoption
Re-enactment
contemporaneous
ratification.
Judicial
than
construction
re-enactment
common
interpretation
by
ofthe
ofan
ifact
other
legislature
accorded
executive
construction
ofconstruction
of
approval.
statutes
ofaagreater
of
statute
statute,
orof
the
is
administrative
similar
persuasive
prior
of
weight
and
previously
the
is
construction.
import.
of
and
statute
greater
indication
respect
officer
given
before283
weight
than
agrarian
terminate
of
in
a the Labor
There
employer’s
therein
its
Issue:
the ItCode
reform
was
owhether
the
by
Held: which
compulsory
is
serving
land
employment
aNO,
which states
unilateral
or(Patalon
not
employer
notice
• forced
employer
acquisition
toand
operation
thereof
Coconut
ifof that
affected
he “employer
isvoluntary
the
an
not
wants
isand
liable
by
liable
employee”
employer
employees
Estate)
the
to
paying
act
give
for
for MAY
government
by
for
separation
separation
separation
to
the
for
purposes
cease also
employer
reasons
ofpay?
pay!
pay
the
his
of
 o This is gleaned from the wording “MAY” in the o Legislative intent is also shown by the
statute deliberations on the bill that became RA 6735…
o “MAY” denotes that it is directory in nature and (there are 4 more reasons – see page 130-131,
generally permissive only which are not so important)
o Plain-meaning rule is applicable Interpretation of RA• 6735 was not in keeping with the
o Ano yun, ipapasara ng government tapos maxim interpretation fienda est ut res magis valeat quam
magbabayad pa ang employer ng separation pay?!? pereat – that interpretation as will give the thing efficacy is
Ang daya-daya! Lugi na nga si employer, kikita pa to be adopted
si employee?!? Unfair! Cannot be! No! No!
o To depart from the meaning expressed by the What is within the spirit is within the law
Don’t literally construe
words is to alter the statute, to legislate and not • the law if it will render it
interpret meaningless, lead to ambiguity, injustice or contradiction
o Maledicta est exposition quae corrumpit textum – • The spirit of the law controls its letter
dangerous construction which is against the text Ratio legis – interpretation
• according to the spirit or reason
of the law
Dura lex sed lex Spirit or intention
• of a statute prevails over the letter
• Dura lex sed lex – the law may be harsh but it is still the
A law
law should accordingly • be so construed as to be in
• Absoluta sentential expositore non indigent – when accordance the with, and not repugnant to, the spirit of the law
language of the law is clear, no explanation of it is required
Presumption: undesirable • consequences were never intended
• When the law is clear, it is not susceptible of interpretation. by a legislative measure
It must be applied regardless of who may be affected, even if
it may be harsh or onerous Literal import must yield to intent
• Hoc quidem perquam durum est, sed ital ex scripta est – itVerba
is intentioni, non • e contra, debent inservire – words
exceedingly hard but so the law is written ought to be more subservient to the intent and not the intent
• A decent regard to the legislative will shoud inhibit the courtto the words (ahhh parang intent is to woman as word is to
from engaging in judicial legislation to change what it thinks man – so man is subservient to woman… logical!)
are unrealistic statutes that do not conform with ordinary Guide in ascertaining
• intent – conscience and equity
experience or practice (respeto nalang sa ating mgaSo it is possible that• a statute may be extended to cases not
mambabatas! Whatever?!? Haha joke only) within the literal meaning of its terms, so long as they come
• If there is a need to change the law, amend or repeal it, within its spirit or intent
remedy may be done through a legislative process, not by
judicial decree Limitation of rule
• Where the law is clear, appeals to justice and equity as Construe (intent • over letter) only if there is ambiguity!
justification to construe it differently are unavailing –
Philippines is governed by CIVIL LAW or POSITIVE Construction to accomplish purpose
LAW, not common law PURPOSE or REASON • which induced the enactment of the
• Equity is available only in the absence of law and not its statute – key to open the brain of the legislature/ legislative
replacement – (so, pag may law, walang equity equity! Pero intent!
pag walang law, pwedeng mag-equity, gets?!?... importantStatutes should be •construed in the light of the object to be
to!) achieved and the evil or mischief to be suppressed
• Aequitas nunquam contravenit legis – equity never acts inAs between two statutory • interpretations, that which better
contravention of the law serves the purpose of the law should prevail

DEPARTURE FROM LITERAL INTERPRETATION Sarcos v. Castillo

This case explains •why legislative purpose to determine
Statute must be capable of interpretation, otherwise inoperative legislative intent
• If no judicial certainty can be had as to its meaning, the court • Frankfurter
is not at liberty to supply nor to make one o Legislative words are not inert but derived vitality
from the obvious purposes at which they are aimed
Santiago v. COMELEC o Legislation – working instrument of government
• In this case, the Court adopted a literal meaning thus, and not merely as a collection of English words
concluded that RA 6735 is inadequate to implement the • Benjamin Natham Cardozo
power of the people to amend the Constitution (initiative on o Legislation is more than a composition
amendments) for the following reasons: o It is an active instrument of government which
o Does not suggest an initiative on amendments on
• Justice
o RA
Does
Puno to
amendments
“Constitution”
said
initiative
Constitution
standard
is not
(ano?!?
incomplete
the
section
provide
Constitution
on
Justice
thefor
on
and
isConstitution
neither
the
Tree?!)
subtitles
does
thecontents
because
Constitution
not
germane
dissents:
for
provide
of
initiative
ita petition
nor
isa and
sufficient
silent
relevant
onfor
the
theasA
word
toliteral
to o meaning
The means
ointerpretation
words
Courts
Soriano
general
of
than
are
•v.law
purpose
apt that
Offshore
is
any errislaws
Holmes
or
where
to rule
lead
be have
orejected
Shipping
by
aWords
those
to
which
more
sticking
absurd
logic
that
words
are ends
ifgoes
grammar to
important
and
may
it
results bedown
flexible
too
would
import
beyond
Manning
lay achieved
closely
or
aid
be
athem
formal
policy
unjust
to
Corp
the
 • So ano na?!?
Illustration of rule
Godines v. CA
King v. Hernandez Patent Law – grants the
• patentee the exclusive right to make,
• Issue: whether or not a Chinese (parang si RA and Serge) use, and sell his patented machine, article or product xxx
may be employed in a non-control position in a Doctrine retail of equivalents
• – when a device appropriates a prior
establishment, a wholly nationalized business under invention
RA by incorporating its innovative concept, and albeit
with some modification and change, performs substantially
1180 Retail Trade Law (btw, wala na tong law na ‘to. It has
been repealed by the Retail Trade Liberalization Act – mythe same function in substantially the same way to achieve
thesis! ) substantially the same result (ano ba ‘to?!? Puro
• Held: No! (kasi duduraan ka lang ng mga intsik! Joke only!) substantially?)
the law has to be construed with the Anti-Dummy Law –
prohibiting an alien from intervening in the management, Planters Association of Southern Negros, Inc. v. Ponferrada
operation, administration or control thereof 2 apparently conflicting • provisions should be construed as to
• When the law says you cannot employ such alien, you realize the purpose of the law
cannot employ an alien! The unscrupulous alien may resort The purpose of the •law is to INCREASE the worker’s
to flout the law or defeat its purpose! (maggulang daw mga benefits
intsik… ultimo tubig sa pasig river, which is supposed toBenefits be under RA •6982 shall be IN ADDITION to the
free, bottles it and then sells it! Huwat?!?) benefits under RA 809 and PD 621
• It is imperative that the law be interpreted in a manner that “Substituted” • cannot be given literal interpretation
would stave off any attempt at circumvention of the
legislative purpose When reason of law ceases, law itself ceases
The reason which induced • the legislature to enact a law is the
Bustamante v. NLRC heart of the law
• Issue: how to compute for backwages to which an illegally Cessante ratione legis, • cessat et ipsa lex – when the reason of
dismissed employee would be entitled until his actual the law ceases, the law itself ceases
reinstatement (take note of this case.. it’s a labor case… kiliti Ratio legis• est anima – reason of the law is its soul
ni Golangco)
• 3 ways: Peo v. Almuete
o 1st – before Labor Code – to be deducted fromAgricultural the Tenancy • Act is repealed by the Agricultural
amount of backwages is the earnings elsewhere Land R eform Code
during the period of illegal dismissal Agricultural Tenancy • Act – punishes prereaping or
o 2nd – Labor Code Art. 279 – the amount of prethreshing of palay on a date other than that previously set
without the mutual consent of the landlord and tenant
backwages is fixed without deductions or
o Share tenancy relationship
qualifications but limited to not more than 3 years
o 3rd – amended Art. 279 – full backwages or without Agricultural Land Reform • Code – abolished share tenancy
relationship, thus does not punish prereaping or prethreshing
deductions from the time the laborer’s of palay on a date other than that previously set without the
compensation was withheld until his actual mutual consent of the landlord and tenant anymore
reinstatement o Leasehold system
• The clear legislative intent of the amendment in RA 6715
(Labor Code) is to give more benefits to workers than was Commendador v. De Villa
previously given them under the Mercury Drug rule or theIssue: 1 st whether PD• 39, which withdrew the right to
way peremptorily challenge members of a military tribunal, had
been rendered inoperative by PD 2045 proclaiming the
US v. Toribio termination of a state of martial law
• The prohibition of the slaughter of carabaos for Held: humanYES! The termination • of the martial law and the
consumption so long as these animals are fit for agricultural dissolution of military tribunals created thereunder, the
work/ draft purposes was a “reasonable necessary limitation” reason for the existence of PD 39 ceased automatically and
on private ownership the decree itself ceased
• Purpose or object of the law – to protect large cattle against
theft and to make easy recovery and return of such cattle to Vasquez v. Giap
their owners, when lost, strayed or stolen Where the mischief• sought to be remedied by a statute has
• Issue: whether the slaughter of large cattle outsidealready the been removed in a given situation, the statute may no
longer apply in such case
Bocobo
• v. Estanislao
municipal
treasurer
Held:
aIssue:
libel
RPC
Judiciary
the
more
6,000Php
province
capital
–YES!
whether
than
grants
is
Act
(penalty
slaughterhouse
of
prohibited?
Outside
have
prission
agrants
jurisdiction
the
province
CFI
concurrent
for
jurisdiction
orlibel)
correctional
and
inside
inwith
without
offenses
a municipal
without
jurisdiction
CFI
with
a where
or
permit
the
permit
court
fine
municipal
the
over
byis
innot
penalty
the
prohibited
the
themunicipal
exceeding
capital
court
crime
islaw,
not
May
in
tpurpose
A
oof
The
of
obvious
sale
no
supply
law
xxx
longer
of bans
island
if
intent
legislative
ittoSupplying
be
aliens
isinNote:
preserve
of
clearly
favor
questioned
•the
from
omission
differentiate
legislature
of
ascertainable
generations
Filipino
being
legislative
acquiring
the
an alien,
absurd
after
to
nation’s
citizen
or
make
omission
from
of
in
to
the
and
from
violation
Filipinos
prevent
the
judicial
lands
alien
owning
the
statute
CONTEXT!
the
becomes
of
for
legislation
lands,
conform
act
thefuture
from
said
thea
 The day of the commission of the
violation
Correcting clerical errors From the time of discovery AND
• As long as the meaning intended is apparent on the face of institution of judicial proceedings for
the whole enactment and no specific provision is abrogated investigation and punishment
• This is not judicial legislation But the prevailing rule • is that prescriptive period is tolled
upon the institution of judicial proceedings – an act of grace
Illustration rule by the State
Court held that the phrase
• “institution of judicial proceedings
Rufino Lopez & Sons, Inc. v. CTA for its investigation and punishment” may be either
• Court change the phrase “collector of customs” todisregarded as surplusage or should be deemed preceded by
“commissioner of customs” to correct an obvious mistake in the word “until”
law
• Sec 7 – “commissioner of customs” – grants the CTA Oliveros v. Villaluz
jurisdiction to review decisions of the Commissioner of whether or not•the suspension order against an elective
Issue:
Customs official following an information for violation of the Anti-
• Sec 11 – “collector of customs” – refers to the decision of the Graft law filed against him, applies not only to the current
Collector of Customs that may be appealed to the tax court term of office but also to another term if the accused run for
• “Commissioner” prevails – Commissioner of Customs has reelection and won
supervision and control over Collectors of Customs and the Sec 13 of the Anti-Graft
• Law – suspension unless acquitted,
decisions of the latter are reviewable by the Commissioner of reinstated!
Customs Held: only refers to the• current term of the suspended officer
(and not to a future unknown and uncertain new term unless
Lamp v. Phipps supplemented by a new suspension order in the event of
• “Ordinary COURTS of law” to “Ordinary COURSE of law” reelection) for if his term shall have expired at the time of
acquittal, he would obviously be no longer entitled to
Farinas v. Barba reinstatement; otherwise it will lead to absurdities
• Issue: who is the appointing power to fill a vacancy created
by the sanggunian member who did not belong to any Peo v. Yu Hai
political party, under the provision of the Local Government Issue: when does a • crime punishable by arresto menor
Code prescribe?
• “local chief executive” – a misnomer State says• 10 years as provided for in Art 90 RPC
• It should be “authorities concerned” o Art. 26 (correctional offenses) – max fine of
• Because the President is not a “local chief executive” but 200Php – correctional penalty – prescribes in 10
under Sec. 50 of the Local Government Code, the “President, years (Art. 90)
Governor, Mayor have the executive power to appoint in Court•held that this is not right!!!! It is wrong!
order to fill vacancies in local councils or to suspend local o Art. 9 (light offenses) – not more than 200Php –
officials light felonies – 2 months
o 1Php makes a difference of 9 years and 10 months!
Qualification of rule (of correcting clerical errors) (huwat?!?)
• Only those which are clearly clerical errors or obvious o Arresto mayor (correctional penalty) prescribes in
mistakes, omissions, and misprints; otherwise, is to rewrite 5 years
the law and invade the domain of the legislature, it is judicial o Less grave – prescribe even shorter
legislation in the guise of interpretation o Also, prescriptive period cannot be ascertained not
until the court decides which of the alternative
Construction to avoid absurdity penalties should be imposed – imprisonment ba or
• Reason: it is always presumed that the legislature intended fine lang… yun lang po!
exceptions to its language which would avoid consequences
of this character Peo v. Reyes
• Thus, statutes may be extended to cover cases not within the • Dangerous Drugs Act
literal meaning of the terms if their exact and literal import • RA 7659
would lead to absurd or mischievous results o X < 200 grams – max penalty is reclusion perpetua
• Interpretation talis in ambiguis simper fienda est ut evitetur
X > 200 grams –o min penalty is reclusion
inconveniens et absurdum – where there is ambiguity, such
interpretation as will avoid inconvenience and absurdity is to perpetua
Peo v.• Duque
be adopted
arbitrary,
disobedience
Courts
defeat,
provisions
Surplusage!!!
Sec. 2o of
Prescription
test
should
its
Act
courts
impossible
the
provisions;
No.
to construe
its
law
3326
are
language
shall
by
to–not
perform
begin
prescription
its
nor
a statute
bound
results
render
to runto
–toof
from
compliance
if
effectuate,
offenses
apply
law appears
it and
inwith
slavish
not
to
StatCon
provisions
its
be
to o X – to <
duty
give
200
Malonzo
ofgrams
effect
Less
• thev.134-199grams
than
Court
intention
toZamora
–court
correctional
the
penalty
66ruled
whole
grams
toof harmonize
that:
legislature
66-133
ranging
to
law;
– prision
reclusion
to– from
effectuate
prison
correcional
conflicting
temporal
prision
mayor
the
 • Contention: the City Counsel of Caloocan cannot validly “processes” in the proclamation
• that “all laws regulations
pass an ordinance appropriating a supplemental budgetandforprocesses” of the so-called RP during the Japanese
the purpose of expropriating a certain parcel of land, without
occupation of the country “are null and void and without
first adopting or updating its house rules of procedure within
legal effect” MAY NOT be construed to embrace JUDICIAL
the first 90 days following the election of its members, asPROCESSES as this would lead to great inconvenience and
required by Secs. 50 and 52 of the LGC public hardship and public interest would be endangered
• Court said this is absurd!!!! Contention is rejected! o Criminals freed
o Adoption or updating of house rules would o Vested right, impaired
necessarily entail work… local council’s hands
were tied and could not act on any other matter if Construction in favor of right and justice
we hold the absurd contention! In case• of Art.
doubt
10 inCC:the interpretation or
o So much inconvenience! Shiox! And this could notapplication of laws, it is presumed that the law-making body
have been intended by the law intended right and justice to prevail
Art. 9 CC: The fact • that a statute is silent, obscure, or
Construction to avoid injustice insufficient with respect to a question before the court will
• Presumption – legislature did not intend to work a hardship
not justify the latter from declining to render judgment
or an oppressive result, a possible abuse of authority or act of thereon
oppression, arming one person with a weapon to impose
In balancing conflicting
• solutions, that one is perceived to tip
hardship on the other the scales which the court believes will best promote the
• Ea est accipienda interpretation quae vitio caret –public that welfare is its probable operation as a general rule or
interpretation is to be adopted which is free from evil or principle
injustice
Salvacion v. BSP
Amatan v. Aujero
Greg Bartelli raped•his alleged niece 10 times and detained
• Rodrigo Umpad was charged with homicide her in his apartment for 4 days
• Pursuant to some provision in criminal procedure, he entered Court gave a favorable
• judgment of more than 1MPhp
into a plea bargaining agreement, which the judge approved
BSP rejected the writ• of attachment alleging Sec 113 of the
of, downgrading the offense charge of homicide to attempted
Central Bank Circular No. 960 (applicable to transient
homicide to which Umpad pleaded guilty thereto. foreigners)
• Hello?!? Namatay na nga tapos attempted lang?!?Issue: whether the dollar • bank deposit in a Philippine bank of
Mababaliw ako sayo, judge, whoever you are!!!
a foreign tourist can be attached to satisfy the moral damages
• Fiat justicia, ruat coelum – let the right be done, though the awarded in favor of the latter’s 12-year-old rape victim
heavens fall (ano daw?!?) BSP did not honor •the writ of attachment pursuant to
• Stated differently, when a provision of the law is silent or RA6426 Sec 8 – “foreign currency deposits shall be exempt
ambiguougs, judges ought to invoke a solution responsive fromto attachment, garnishment, or any other order or process
the vehement urge of conscience (ahhh… ano daw ulit?!?)of any court, legislative body, government agency or any
administrative body whatsoever”
Peo v. Purisima Court held that: ANO• BA?!? Na-rape na nga ayaw pang
• It was contended that PD 9(3) – is a malum prohibitum; thus magbayad ng moral damages dahil lang sa isang silly law?!?
intent to use such prohibited weapons is imm aterial by (hehe.. joke lang.. I’m so bored na eh!)
reason of public policy o Court applied the principles of right and justice to
• Court said that use the preamble to construe such act whether prevail over the strict and literal words of the
penalized or not statute
• Moreover the court said that legislature did not intend o The purpose of RA 6426 to exempt such assets
injustice, absurdity and contradiction from attachment: at the time the said law was
• Court gave an example… enacted, the country’s economy was in a shambles.
o So if I borrowed a bolo then I return this to my But in the present time it is still in shambles... hehe
lender, then in the course or my journey I’m joke lang… but in the present time, the country has
caught, I’m penalized under the Decree for 5-10 recovered economically. No reason why such
years imprisonment! (ang labo naman!) assets cannot be attached especially if it would
satisfy a judgment to award moral damages to a
Ursua v. CA 12-year-old rape victim!
• Issue: whether or not the isolated use, at one instance, of a
name other than a person’s true name to secure a copy of a Surplusage and superfluity disregarded
document from a government agency, constitutes violation Where a whether
word, phrase••toorthenon-useful
clause
Construction
Co Kim
• Cham
of CA
Held:
Sa to
Consti
v.oavoid
NO!
Valdez
142
The
Such
‘to
confusion
prohibited
absurdity
–(isang
danger
purpose
Anti-alias
Tan
ah!
isolated
La
Keh
beses
toand
lang…
and
of
public
by
Law
use
lang
the
contradiction
fraud
the
hehe
interest
of
naman
Anti-alias
inlaw;
a(yihee,
business
different
eh..
otherwise,
will
hehehe
Law
Serge!)
transactions
result
isname
to
joke
injustice,
prevent
lang!)
iswhere
Surplusagium
not
moot
Utile
meaning
Issue:
renders
itper
because
suggests
itinutile
inwithout
relation
non
the
Demafiles
anon
pre-proclamation
noceat
rejected
aproclaimed
sense,
vitiatur
meaning
statute
–v.the
as thatinisor
context
COMELEC
–surplusage
surplusage
word,
winner
nor ahad
statute
election
phrase
nullifies
the
intent
useful
and
does ishas
immediately
orcase
of devoid
entirely
the
clause
not
vitated
the statute
statute,
vitiate
become of
ignored
may
by
taken
the
be
ora
 his oath pursuant to Sec 2 RA 4870 which provides that the Where time constraint • and the surrounding circumstances
“first mayor, vice-mayor and councilors of the municipality
make it impossible or the COMELEC to conduct special
of Sebaste shall be elected in the next general elections forregistration of voters, the COMELEC cannot be faulted for
local officials and shall have qualified” refusing to do so, for the law does not require the impossible
• It was contended that “shall have qualified” beginsto be done; there is no obligation to ho the impossible thing
immediately after their proclamation! • COMELEC’s decision is sustained
• Court held that this is wrong!
o The said phrase is a jargon and does not warrant Number and gender of words
the respondent’s reading that the term of office of
When the context of • a statute so indicates, words in plural
the first municipal officials of Sebaste begins include the singular, and vice versa.
immediately after their proclamation A plural word in a •statute may thus apply to a singular
o The King in ‘Alice in Wonderland’: if there is no person or thing, just as a singular word may embrace two or
meaning in it, that saves a world of trouble, you more persons or things
know, as we need not try to find any Art. 996 CC – (law•on succession) such article also applies
o Apply the general rule when such term begin –tothea situation where there is only one child because
term of municipal officials shall begin on the 1 st “children” includes “child”
day of January following their election Election Code• – “candidate” comprehends “some
candidates” or “all candidates”
Redundant words may be rejected On gender – the masculine,
• but not the feminine, includes all
• Self-explanatory, ano buzzzz?!? genders, unless the context in which the word is used in the
statute indicates otherwise
Obscure or missing word or false description may not preclude
construction IMPLICATIONS
• Falsa demonstration non nocet, cum de corpore constat –
false description does not preclude construction nor vitiate Doctrine of necessary implication
the meaning of the statute which is otherwise clear So-called gaps in • the law develop as the law is enforced
StatCon rule: to fill • in the gap is the doctrine of necessary
Exemption from rigid application of law implication
• Ibi quid generaliter conceditur – every rule is not without an Doctrine states that•what is implied in a statute is as much a
exception part thereof as that which is expressed
• Inest haec exception, si non aliquid sit contras jus basque – Ex necessitate
• legis – from the necessity of the law
where anything is granted generally, this exception Every is statutory grant • of power, right or privilege is deemed
implied to include all incidental power, right or privilege
• Compelling reasons may justify reading an exception to aIn eo quod plus sit, •simper inest et minus – greater includes
rule even where the latter does not provide any; otherwise the lesser
the rigor of the law would become the highest injustice – • Necessity –
summum jus, summa injuria o includes such inferences as may be logically be
drawn from the purpose or object of the statute,
Law does not require the impossible from what the legislature must be presumed to
• Nemo tenetur ad impossible – the law obliges no one to have intended, and from the necessity of making
perform an impossibility the statute effective and operative
• Impossibilium nulla obligation est – no obligation to do an o excludes what is merely plausible, beneficial, or
impossible thing desirable
• Impossible compliance versus Substantial compliance (as must be consistent •with the Constitution or to existing laws
required by law) an implication which • is violative of the law is unjustified or
unwarranted
Lim co Chui v Posadas
• Publication in the Official Gazette weekly, for three times Chua v. Civil Service Commission
and consecutively, to acquire jurisdiction over naturalization Issue: whether a coterminous • employee, or one whose
case appointment is co-existent with the duration of a government
• It was an impossibility to fulfill such requirement as the OG project, who has been employed as such for more than 2
was not, at the time, published weekly years, is entitled to early retirement benefits under Sec 2 RA
• Thus, Court held that compliance with the other 2 6683
requirements would be deemed sufficient to acquire • Court held that YES, Chua is entitled!
Akbayan jurisdiction
• v.sense,
This
the
Petitioners
power
able
COMELEC
late
Court
interpretation
COMELEC
COMELEC over
registration
to
case
reasonableness
so
register
ruled
asis to
were
denied
aboutthe
that naturalization
accommodate
that
for
to
as accommodate
the
provided
asking
the
the
isand
upcoming
statutory
in
petition
provision case
practicality
accordance
the
for
potential
in
grant
alleging
respondent
election
potential
Sec.
must
ofvoters
28
stand-by
with
the
RA
voters
beimpossibility
to
who
8436
logic,
given
exercise
power
werecommon
such
not
to
Ubi
of
such o A
jus,ofibi coterminous
implication,
oofthe
casual
Wrong
remedium
government
Remedy
law employee
or •application
temporary
necessarily
the
should
-implied
remedy
Right
where
inclusion
employees
also
->
from is
employee,
there
uniusest
of
for
be
implies noaexclusion
Obligation
ofentitled
violation
the different
aentitled
the
is
right
maxim
latter
that
and
right,
to->
to
thereof
such
by
Remedy
the from
inthere is aa
necessary
“expresio
the
alterius”
benefits
former
class
 • The fact that the statute is silent as to the remedy does not o E.g. the power granted the NHA to hear and decide
preclude him from vindicating his right, for such remedy is claims involving refund and any other claims filed
implied from such right xxx, include attorney’s fees and other damages
• Once a right is established, the way must be cleared for its
enforcement, and technicalities in procedure, judicial as well Grant of power includes incidental power
as administrative, must give way Where a general power • is conferred or duty enjoined, every
• Where there is “wrong,” (deprivation or violation of a right) particular power necessary for the exercise of one or the
there is a remedy performance of the other is also conferred
• If there’s no right, principle does not apply The incidental powers • are those which are necessarily
included in, and are therefore of lesser degree than the power
Batungbakal v National Development Co granted
• Petitioner was suspended and removed from office which o Examples
proved to be illegal and violative not only of the Power to establish an office includes
Administrative Code but of the Constitution itself authority to abolish it, unless xxx
• Court ruled that to remedy the evil and wrong committed, Warrant issued shall be made upon
there should be reinstatement and payment of backwages, probable cause determined by the judge
among other things xxx implies the grant of power to the
• However, there was a legal problem as to his reinstatement, judge to conduct preliminary
for when he was suspended and eventually dismissed, investigations
somebody was appointed to his position Power to approve a license includes by
• Issue: whether remedy is denied petitioner implication the power to revoke it
• Held: position was never “vacant”. Since there is no Power to revoke is limited • by
vacancy, the present incumbent cannot be appointed the authority to grant license,
permanently. The incumbent is only holding a temporary from which it is derived
position. Moreover, the incumbent’s being made to leave the Power to deport includes the power to
post to give way to the employee’s superior right may be arrest undesirable aliens after
considered as removal for cause investigation
Power to appoint vested in the President
Grant of jurisdiction includes the power to make temporary
• Conferred only by the Constitution or by statute appointments , unless xxx
• Cannot be conferred by the Rules of Court Power to appropriate money includes
• Cannot be implied from the language of a statute, in the power to withdraw unexpended money
absence of clear legislative intent to that effect already appropriated
Etc… see page 171-172
Pimentel v. COMELEC
• COMELEC has appellate jurisdiction over election cases Grant of power excludes greater power
filed with and decided by the RTC involving municipal The principle that the • grant of power includes all incidental
elective officials DOES NOT IMPLY the grant of authority powers necessary to make the exercise thereof effective
upon the COMELEC to issue writs of certiorari, prohibition implies the exclusion of those which are greater than that
or mandamus concerning said election cases conferred
o Power of supervision DOES NOT INCLUDE
Peo v. Palana power to suspend or removal
• Statute grants a special court jurisdiction over criminal cases o Power to reorganize DOES NOT INCLUDE the
involving offenders under 16 at the time of the filing of the authority to deprive the courts certain jurisdiction
action, a subsequent statute defining a youthful offender as and to transfer it to a quasi-judicial tribunal
one who is over 9 but below 21 years of age may not be so o Power to regulate business DOES NOT INCLUDE
construed as to confer by implication upon said special court power to prohibit
the authority to try cases involving offenders 16 but below
21 years of age What is implied should not be against the law
Power to appoint• includes power to suspend or remove –
What may be implied from grant of jurisdiction o Constitutional restriction of CIVIL SERVIC E
• The grant of jurisdiction to try actions carries with it all EMPLOYEES, that it must be a cause provided for
necessary and incidental powers to employ all writs, by law precludes such implication (unless the
processes and other means essential to make its jurisdiction appointment was made outside the civil service
effective law
• Where
it
otherwise
Statutes
must
its can
assigned
obeE.g.
agrant
liberally
conferring
court
be
MTC…
though
amount
incidental
duties
forcible
outside
reliefs
hasconstrued
jurisdiction
in
MTC
the
jurisdiction
cognizable
to
its
incidental
accordance
entry
the
jurisdiction
amount
can
principal
to
andorder
enable
over
tothereto,
by
detainer
with
exceeds
an
the
payment
action
them,
the
administrative
the
main
even
agency
legislative
isthe
the
cause
cognizable
ofifjurisdictional
to
rentals
same
they
of
discharge
purpose
agency
action,
would
even
merely
power
in
witnesses
Power
compulsory
Powerto
otooto
Provided
power
investigate
Except
delegate
whose
be
appoint
process
atto
isthe
that
appearance
aappoint
•such
the
public
ofofficials
pleasure
such
subpoena.
power
statute
authority
officer
removal
carries
DOES
to
may
of
provides
remove
by
Nor
anytime
with
the
to
isthe
be
NOT
made
does
take
appointing
itthat
President
required
power
INCLUDE
with
such
term
testimony
to
just
power
of
includes
remove
by
officer,
office
cause
the
of
to
 investigate include the power to delegate the authority to Peoples Bank and Trust Co. v. PNB
administer oath Where a statute prohibits
• the payment of the principal
obligation during a fixed period, the interest thereon during
Authority to charge against public funds may not be implied the existence of the restriction is not demandable
• It is well-settled that unless a statute expressly so authorizes,
no claim against public funds may be allowed Cruz v. Tantuico
o Statute grants leave privileges to APPOINTIVE Law exempts retirement • benefits of a public officer or
officials, this cannot be construed to include employee from attachment, garnishment etc
ELECTIVE officials Earlier law authorizes• the government to withhold an amount
o “employer” to pay 13 th month pay, does not imply due such officer or employee to pay his indebtedness to the
that it includes “government government SHOULD NOT BE CONSTRUED to withhold
so much of his retirement benefits as this amount to
attachment garnishment etc.
Illegality of act implied from prohibition
• In pari delicto potior est conditio defendentis - where a Tantuico, Jr. v Domingo
Law exempts retirement
statute prohibits the doing of an act, the act done in violation • benefits of a public officer or
thereof is by implication null and void employee from attachment, garnishment etc
• Prohibited act cannot serve as foundation of a cause of actionGovernment cannot •withhold payment of retirement benefits
for relief of a public officer until his accountabilities with the
• Ex dolo malo non oritur actio – no man can be allowed to government shall have been cleared, as such action is doing
found a claim upon his own wrongdoing or inequity indirectly what the government is prohibited from doing
• Nullus coomodum capere potest de injuria sua propria – no directly
man should be allowed to take advantage of his own wrong
There should be no penalty from compliance with law
• Public policy requires that parties to an act prohibited by
statute be left where they are, to make the statute effective A person who complies
• with what a statute requires cannot,
and to accomplish its object by implication, be penalized thereby
o Party to an illegal contract cannot come to court of For “simple logic • and fairness and reason cannot
countenance
law and ask that his illegal object be carried out an exaction or a penalty for an act faithfully
o A citizen who sold his land to an alien in violation done in compliance with the law”
of the constitutional restriction cannot annul the
same and recover the land, for both seller and
buyer are guilty of having violated the Constitution

Two (2) Exceptions to the rule

• Pari delicto doctrine will not apply when its enforcement or
application will violate an avowed fundamental policy or
public interest
CHAPTER FIVE: Interpretation of words and phrases
Delos Santos v. Roman Catholic Church
IN GENERAL
• Homestead Law – to give and preserve in the homesteader
and his family a piece of land for his house and cultivation
Generally
• The law prohibits the alienation of a homestead withinA5word or phrase used • in a statute may have an ordinary,
years following the issuance of the patent and provides that
generic, restricted, technical, legal, commercial or trading
any contract of a conveyance in contravention thereof shall
meaning
be null and void
May be defined in •the statute – if this is done, use such
• The seller or his heirs, although in pari delicto, may recover
definition because this is what the legislature intended
the land subject of such illegal sale
• Task:
o ascertain intent from statute
Barsobia v. Cuenco
o ascertain intent from extraneous & relevant
• Another exception is that when the transaction is not illegal circumstance
per se but merely prohibited and the prohibition by law is o construe word or phrase to effectuate such intent
designed for protection of one party, the court may grant
General rule in interpreting
• the meaning and scope of a term
relief in favor of the latter used in the law:
Whatv.•cannot
Peo Concepcion
Quando
obliquum
done
prohibition
director
Where
loans
of abedirector
indirectly
done
to separately
its
a aliquid
the
–corporation
directly
director,
what
extends
is
board
a partner
cannot,
prohibetur
and
cannot
of
atoloan
directors
individually
isthe
falls
by
forbidden
be
tolaw,
board
within
adone
ex
partnership
is
bedirecto,
indirectly
of
prohibited
done
the
from
directors
prohibition
directly
of
doing
prohibetur
which
from
and
cannot
anthe
granting
to
act,
wife
et
each
Where
becontrols
When
the o Review
Legislature
per
should
astatute
statute
the
INTENDMENT
other of
notmeaning the
restricted
defines
by
Statutory
defines WHOLE
mconstruction,
eaning
• words
ofadefinition
statutory
word law
definition,
meaning
word
of &
law
or
be ininvolved
phrase-
have
phrase,
(not
particular
given
word,
as
thus,
ofordinary asusual
itlegislative well
airrespective
an
the
this
different
adopted
isolated
provision
word
shouldor asused
thea
definition
meaning.
part
specific
be
phrase,
of
alone)
sense.
or
any
 • Term or phrase specifically defined in particular law, has been allocated export and/or domestic & reserve sugar
definition must be adopted. quotas.
• Statutory definition •excludes emergency, non-quota, non-
No usurpation of court function in interpreting but it merely
legislates what should form part of the law itself district and accommodation planters, they having no sugar
quota. However, in 1955, quota system abolished
Victorias Milling Co. v. Social Security Commission <compensation;With change in situation, • illogical to continue adhering to
RA 1161, Sec. 8(f)> previous definition that had lost their legal effect.
• “compensation” to include all renumerations, except
bonuses, allowances & overtime pay Amadora v. CA
• Definition was amended: deleted “exceptions” However, where statute • remains unchanged, interpreted
• Legislative Intent: the amendment shows legislative intent according to its clear and original mandate; until legislature
that bonuses & overtime pay now included in employee’s taking into account changes subjected to be regulated, sees
renumeration. fit to enact necessary amendment.
• Principle: by virtue of express substantial change in
phraseology, whatever prior judicial or executive Words construed in their ordinary sense
construction should give way to mandate of new law. General rule: In the• absence of legislative intent, words and
phrases should be given their plain, ordinary, and common
Peo. v. Venviaje < Chiropractic> usage meaning.
• Issue: Whether person who practiced chiropractic without Should be read and• considered in their natural, ordinary,
having been duly licensed, may be criminally liablecommonly for accepted, and most obvious signification,
violation of medical law. according to good and approved usage and without resulting
• Held: Though term “practice of medicine,” chiropractic may to forced or subtle construction.
in ordinary sense fall within its meaning; statutorily defined -
includes manipulations employed in chiropractic; thus, one Central Azucarera Don Pedro v. Central Bank
who practices chiropractic without license is criminally A statute “exempts certain
• importations from tax and foreign
liable. exchange, which are actually used in the manufacture or
preparation of local products, forming part thereof.”
“Forming part thereof” • not to mean that the imported
Chang Yung Fa v. Gianzon< alien> products have to be mixed mechanically, chemically,
• Issue: whether alien who comes into country as temporary materially into the local product & lose its identity.
visitor is an “immigrant?” Means that the imported• article is needed to accomplish the
• Held: while “immigrant” in ordinary definition- “an alien locally manufactured product for export.
who comes to the Philippines for permanent residence”; The
Immigration Act makes own definition of term, which is CIR v. Manila Business Lodge 761
“any alien departing from any place outside the Philippines “business” (if unqualified)
• in tax statute: plain and ordinary
destined for the Philippines, other than a non-immigrant.meaning to embrace activity or affair where profit is the
• (so kelangan part siya nung “other than a non-immigrant”.) purpose & livelihood is the motive.
-> yep yep, Serge! But more importantly, the definition In this case, a fraternal
• social club selling liquor at its
emphasizes an immigrant, who is an alien, who comes to the clubhouse in a limited scale only to its members, without
Philippines either to reside TEMPORARILY or intention to obtain profit
PERMANENTLY – no distinction • Not engaged in business.

• definition of terms given weight in construction Phiippinel Association of Government Retirees v. GSIS
< “present value”>
• terms & phrases, being part & parcel of whole statute, given
effect in their ENTIRTY, as harmonious, coordinated, and Statute: “for those who • are at least 65 yrs of age, lump sum
integrated unit payment of present value of annuity for the first 5 years, and
• words & phrases construed in light of context of WHOLE future annuity toProvidedbe paid however,
monthly.that
statute. there shall be no discount from annuity for the first 5 yrs. of
those who are 65 yrs or over, on the day the law took effect.”
Qualification of rule • Vocabulary:
• Statutory definition of word or term controlling only as used o lump sum - amount of money given in single
in the Act; payment
• not conclusive as to the meaning of same word or term in o annuity - amount of money paid to somebody
other statutes yearly or at some other regular interval
Ernest•• v. CA
Especially
of
Statutory
apply
“sugarcane
sugarcane
<
act.oRA
when:
application
destroy
becomes
4166
definition
basis.
plantation
toplanter”
transactions
its
&illogical
EO
major
creates
w/in
controlling
900,
ispurposes
asthat
particular
defined
incongruities
901>
result
took
statutory
ofplace
as
sugar
change
a prior
mill
planter-owner
words
indistrict,
to
itsenactment
factual
does
into
Sec.
Should
Whether
who
obligations
employee
of
NO.
not
61
another
Used
there
age.
oftransferee
substantial
Any
PD
arising
inforest
Matuguina
beordinary
705
doubt
discount
concessionaire,
from
of
•“the
sum
insense
aIntegrated
this
annuity?
prior
obligations
transferor’s
for
forest
from
transferee
law
ashis
tosaid
should
the
the
concession
sustenance
Wood
which
law
transfer
ofshall
present
illegal
the
be
grants
Products
ruled
transferor.”
assume
was
considering
encroachment
is
value
tointhe
committed
liable
Inc.
hisall
retired
of
favor.
v. CA
the
for
his
 • Court held that the transferee is NOT liable and explained:
“Obligations” construed to mean obligations incurred by Central Bank v. CA
• - refers only to central government,
transferor in the ordinary course of business. Not those as a“National Government”
result of transgressions of the law, as these are personal consisting of executive, legislative and judiciary, as well as
obligations of transferor. constitutional bodies ( as distinguished from local
• Principle: Construe using ordinary meaning & avoid government & other governmentalVersus->
entities)
absurdity.
The Government of •the “Republic of the Philippines” or
“Philippine Government” – including central governments as
Mustang Lumber, Inc. v CA well as local government & GOCCs.
• Statute: Sec. 68 PD 705 - penalizes the cutting, gathering &
or collecting timber or other forest products without a Republic Flour Mills v. Commissioner of Customs
license. “product of the Philippines”
• – any product produced in the
• Is “lumber” included in “timber” country, e.g. bran (ipa) & pollard (darak) produced from
wheat imported into the country are “products of the
• Reversing 1st ruling, SC says lumber is included in timber. Philippines”
• “The Revised Forestry Code contains no definition of timber
or lumber. Timber is included in definition of forestry Generic term includes things that arise thereafter
products par (q) Sec.3. Lumber - same definitions as • Progressive interpretation
“processing plants” employed in a statute, in -absenceA word ofof general signification
legislative intent, to
• Processing plant is any mechanical set-up, machine comprehend
or not only peculiar conditions obtaining at its
combination of machine used for processing of logs & other time of enactment but those that may normally arise after its
forest raw materials into lumber veneer, plywood etc… p. approval as well
183. Progressive interpretation• extends to the application of
statute to all subjects or conditions within its general purpose
• Simply means, lumber is a processed log or forest raw
or scope that come into existence subsequent from its
material. The Code uses lumber in ordinary common usage. passage
In 1993 ed. of Webster’s International Dictionary, lumber is
Rationale: to keep statute
• from becoming ephemeral (short-
defined as timber or logs after being prepared for the market.
lived) and transitory (not permanent or lasting).
Therefore, lumber is a processed log or timber. Sec 68 of PD
705 makes no distinction between raw & processed timber. Statutes framed in general
• terms apply to new cases and
subjects that arise.
General words construed generally General rule in StatCon:• Legislative enactments in general
comprehensive operation, apply to persons, subjects and
• Generalia verba sunt generaliter intelligenda - what is
businesses within their general purview and scope coming
generally spoken shall be generally understood; general into existence subsequent to their passage.
words shall be understood in a general sense.
• Generale dictum generaliter est interpretandum - a general Geotina v. CA
statement is understood in a general sense “articles of prohibited
• importation” - used in Tariff and
• In case word in statute has both restricted and general Customs Code embrace not only those declared prohibited at
time of adoption, but also goods and articles subject of
meaning, GENERAL must prevail; Unless nature of the activities undertaken in subsequent laws.
subject matter & context in which it is employed clearly
indicates that the limited sense is intended.
Gatchalian v. COMELEC
• General words should not be given a restricted “any election” - not •only the election provided by law at that
meaning when no restriction is indicated.
time, but also to future elections including election of
• Rationale: if the legislature intended to limit the delegates to Constitutional Convention
meaning of a word, it would have been easy for it to
have done so. Words with commercial or trade meaning
Words or phrases common • among merchants and traders,
Application of rule
acquire commercial meanings.
When any of words used•in statute, should be given such trade or
Gatchalian v. COMELEC
commercial meaning as has been generally understood
• “foreigner”- in Election Code, prohibiting any foreigner
among merchants.
from contributing campaign funds includes juridical person
Used in the following:•tariff laws, laws of commerce, laws for
• “person”- comprehends private juridical person
the government of the importer.
•
Vargas
C “person”-
& C Commercial
v. Rillaroza
artificial
“judge”
accompanying
comprehend
SC.
“government”
in impliedorinnatural
Corppenal
without
or all
generic
v. isstatute,
-kinds
itwithout
NAWASA
any
person
sense
of must
tomodifying
judges; beword
qualification
beincluding
construeda should
inferior“person
GOCCs.
courts orin
in orgeneric
be
phraselaw,”
understood
justices
senseanlaw
TheNo
of totaxtoshall
San
be Miguel
be •“gross
applicable
Asiatic
universally
collected
•Corp.
Lay:
Merchant:
Petroleum
to
effect,
on
parting
v.understood
his
value
Municipal
articles
class,
to
shall
Co.
away
of
sellmoney”
which,
should
v.
have
(this
by
CIR
Council
w/importer
been
something
must
before
be construed
“disposed
ofbeMandaue
its
or
used)
trader.
taking
of
as”
 • Merchant: “gross selling price” which is the total amount General
of rule: a word•or phrase repeatedly used in a statute
money or its equivalent which purchaser pays to thewill
vendor
bear the same meaning throughout the statute; unless a
to receive the goods. different intention is clearly expressed.
Rationale: word used•in statute in a given sense presumed to
Words with technical or legal meaning be used in same sense throughout the law. Though rigid and
• General rule: words that have, or have been used in, a technical
peremptory, this is applicable where in the statute the words
sense or those that have been judicially construed to appear
have aso near each other physically, particularly where the word
certain meaning should be interpreted according to the sense
has a technical meaning and that meaning has been defined in
in which they have been PREVIOUSLY used, although the the statute.
sense may vary from the strict or literal meaning of the
words De la Paz v. Court of Agrarian Relations
<“Riceland”>
• Presumption: language used in a statute, which has a technical
shareor tenancy - average • produce per hectare for the 3
well-known meaning, is used in that sense by the legislature agricultural years next preceding the current harvest
leasehold - according • to normal average harvest of the 3
Manila Herald Publishing Co. v. Ramos preceding yrs
• Sec 14 of Rule 59 of Rules of Court which prescribes the steps “Year”-
• agricultural year not calendar year
to be taken when property attached is claimed by a person “Agricultural year” •- represents 1 crop; if in 1 calendar yr 2
other than the defendant or his agent crops are raised that’s 2 agricultural years.
• Statute: “nothing herein contained shall prevent such third
person from vindicating his claim to the property by any
proper action. ” Krivenko v. Register of Deeds
• Issue: “proper action” limits the 3 r d party’s remedyStatute: to
In Sec.1 , Art.
agricultural
• XIII of 1935 Constitution - “public
lands shall not be alienated” except in favor of
intervene in the action in which the writ of attachment is
Filipinos, SAME as Sec. 5 “no private agricultural land shall
issued be transferred or assigned.”
• Held: “action” has acquired a well-defined meaningboth as have
an same meaning
• being based on same policy of
“ordinary suit in a court of justice by which one party nationalization and having same subject.
prosecutes another for the enforcement or protection of a
right or prevent redress or wrong… Meaning of word qualified by purpose of statute
Purpose may indicate • whether to give word, phrase,
While…
ordinary, technical, commercial restricted or expansive
• Sec 2 Rule 2 of Rules of Court; “Commencement of Action” meaning.
• Statute: “Civil action may be commenced by filing a complaint
In construing, court• adopts interpretation that accords best
with the proper court”
with the manifest purpose of statute; even disregard technical
• Word: commencement - indicates the origination of or entire
legal meaning in favor of construction which will
proceeding effectuate intent or purpose.
• It was appropriate to use proper action (in 1 st statute) than
intervention, since asserted right of 3 r d party claimant
necessarily flows out of pending suit; if the word
‘intervention’ is used, it becomes strange.
Word or phrase construed in relation to other provisions
Malanyaon v. Lising General rule: word, • phrase, provision, should not be
• Sec. 13 of Anti-Graft Law construed in isolation but must be interpreted in relation to
• Statute: “ if a public officer is acquitted, he shall be entitled other provisions of the law.
to reinstatement and to his salaries and benefits which heThis is a VARIATION • of the rule that, statute should be
failed to receive during the suspension” construed as a whole, and each of its provision must be given
• Issue: Will a public officer whose case has been dismissed effect.
not “acquitted” be entitled to benefits in Sec. 13?
Claudio v. COMELEC
• Held: No. Acquittal (legal meaning) - finding of not guilty
Statute (LGC): “No• recall shall take place within 1 yr from
based on the merit.
the date of the official’s assumption of office or 1 year
• Dismissal does not amount to acquittal except when, the immediately preceding a regular election”
dismissal comes after the prosecution has presented all its
evidence and is based on insufficiency of such evidence. • Issue: embraces
limitation Does thethe1st entire recall
proceedings (e.g. preparatory recall assemblies) or only the
Rura
How•v.Held:
Lopena
Probation
Issue:
identical
been
punished
of
crime;
offenses
it“previously
norefers
previously
terms
less
law
thus
committed
by
than
to
- inimprisonment
Disqualified
adate
the
convicted”
Php
person
convicted
of
statute
200.”
inconviction,
different
convicted
construed
from
by
of not
final
probation
dates
not
less
on
judgment
date
isthan
same
notthose:
of
1disqualified.
month
date
commission
of “who
anof&
offense
Held:
aby
have
several
fine
Hence,
but
Word
which
of
statute,
the
inthe
should
electorate
registered
or
states
not
Court
orprovision
apply
be
other
that,
interpreted
isconstrued
statutes
to
power
voters
“the
should
all recall
• recall
power
power
to
dealing
electiveelection?
effectuate
in
ofnot
“recall”
elect
relation
proceedings
an
be
of
toan
on
LGU
construed
official
recall…
initiate
what
official
same
to
inother
to
relation
has
belongs.”
since
recall
subject
shall
which
to
inprovisions
been
office
isolation
power
proceedings.
beto
in
intended.
the
exercised
order
and
Sec.69
vested
local
form
ofnot
toa
 Statute: Phrase used •in tax statute which exempts such
Garcia v. COMELEC products from payment of taxes, purpose is to encourage the
• History of statute: development of such resources.
o In the Constitution, it requires that legislature shallHeld: phrase not only• includes vegetable substances but also
provide a system of initiative and referendum domestic and domesticated animals, animal products, and
whereby people can directly approve or reject fish
anyor bangus grown in ponds. Court gave expansive
act or law or part thereof passed by Congress or meaning to promote object of law.
local legislative body.
o Local Govt. Code, a later law, defines local Munoz & Co. v. Hord
initiative as “process whereby registered voters of Issue: “Consumption”
• limited or broad meaning
an LGU may directly propose, enact, or amend any Statute: word is used
• in statute which provides that “except
ordinance.” as herein specifically exempted, there shall be paid by each
It is claimed by respondents that since merchant and manufacturer a tax at the rate of 1/3 of 1% on
resolution is not included in this gross value of money in all goods, wares and merchandise
definition, then the same cannot be sold, bartered, or exchanged for domestic consumption.
subject of an initiative. Held: Considering the • purpose of the law, which is to tax all
• Issue: whether a local resolution of a municipal council can merchants except those expressly exempted, it is reasonable
be subject to an initiative and referendum? and fair to conclude that legislature used in commercial use
• Held: We reject respondent’s narrow and literal reading of and not in limited sense of total destruction of thing sold.
above provision for it will collide with the Constitution and
will subvert the intent of the lawmakers in enacting the Mottomul v. de la Paz
provisions of the Local Government Code (LGC) of 1991 on Issue: Whether the •word “court” refers to the Court of
initiative & referendum Appeals or the trial court?
• The subsequent enactment of the LGC did not change the • Statute: RAAppeal5343 Effect
shall not
of Appeal-
stay the
scope of its coverage. In Sec. 124 of the same code. It states:award, order, ruling, decision or judgment unless the officer
(b) Initiative shall extend only to subjects or matters which or body rendering, onthemotion,
same
the court
orafter
are within the legal powers of the Sanggunians to enact.” hearing & on such terms as it may deem just should provide
otherwise.
• This provision clearly does not limit the application of local
Held: It refers to the
• TRIAL COURT. If the adverse party
initiative to ordinances, but to all “subjects or matters which
intends to appeal from a decision of the SEC and pending
are within the legal powers of the Sanggunians to appeal enact, desires to stay the execution of the decision, then the
which undoubtedly includes resolutions.”
motion must be filed with and be heard by the SEC before
the adverse party perfects its appeal to the Court of Appeals.
Gelano v. C.A.
Purpose of the law:• the need for immediacy of execution of
• In Corporation Law, authorizes a dissolved corporation to
decisions arrived at by said bodies was imperative.
continue as a body corporate for 3 yrs. for the purpose of
defending and prosecuting suits by or against it, and during Meaning of term dictated by context
said period to convey all its properties to a “trustee” for
The context in which• the word or term is employed may
benefits of its members, stockholders, creditors and other
dictate a different sense
interested persons, the transfer of the properties to the trustee
being for the protection of its creditors and stockholders. • accipienda sunt secundum
Verba a word
materiam-
is to be
• Word “trustee” - not to be understood in legal or technical understood in the context in which it is used.
sense, but in GENERAL concept which would include a
lawyer to whom was entrusted the prosecution of the cases People v. Chavez
for recovery of sums of money against corporation’s debtors. Statute: Family home • extrajudicially formed shall be exempt
from execution, forced sale or attachment, except for “non
Republic v. Asuncion payment of debts”
• Issue: Whether the Sandiganbayan is a regular court within Word • “debts” – means obligations in general.
the meaning of R.A. 6975?
Krivenko v. Register of Deeds
• Statute: RA 6975 which makes criminal actions involving Statute: lands were • classified into timber, mineral and
members of the PNP come “within the exclusive jurisdiction agricultural
of the regular courts. Word “agricultural” • – used in broad sense to include all
• Used “regular courts” & “civil courts” interchangeably lands that are neither timber, nor mineral, such being the
• Court martial - not courts within the Philippine Judicial context in which the term is used.
•• v. Rafferty
Molina System;
Issue: theynamely
domesticated pertain
instrumentalities
Regular
government
the
Held:
remove
cases
courts
Sandiganbayan.
involving
Courts
within
Whether
from
courts
considered
the
animals
-members
those
of
courttoand
judicial
the the executive
“Agricultural
the martial,
within
executive
SC
the
system.
of
fish
and
purpose
the
the
grown
the
lower
PNP department
products”
power.
judicial
jurisdiction
of
in
and
courts
ponds.
the and
department
tolaw
vest
includes
which
over
which
it simply
includes
in
criminal
ofis
having
thethe
to
Statute:
upon
Held:
Fact:
lands,
preference
lands,”
aRiparian
Used
shores
marshy
Awater
riparian
in“marshy
to
Santulan
Peo.
aof
-lands
frontage,
one
more
apply
owner
banks
v.
• who
or
Ferrer
lands,”
for
broader
v.lands
river.
of
owns
Executive.
of
such
when
theor
covered
navigable
sense
land
property
lands
“lands
it situated
Secretary.
mentioned
referring
adjoining
with
covered
adjoining
lakes
water
ontohis
the
with
shall
a“foreshore
bordering
foreshore
property.
banks
property
water.”
have
of
 • (case where context may limit the meaning)
• Word: “Overthrow” Oliva v. Lamadrid
• Statute: Anti-Subversion Act “knowingly & willfully andStatute:
by allows the redemption
• or repurchase of a homestead
overt acts.” property w/in 5 years from its conveyance
• Rejects the metaphorical “peaceful” sense & limits Held: its “conveyance” • not distinguished - voluntary or
meaning to “overthrow” by force or violence. involuntary.

Escosura v. San Miguel Brewery Inc.

Statute: grants• employee “leaves of absence with pay”
Peo. v. Nazario Held: “with pay” refers
• to full pay and not to half or less than
• Statute: Municipal tax ordinance provides “any owner fullor pay; to all leaves of absence and not merely to sick or
manager of fishponds” shall pay an annual tax of a fixed vacation leaves.
amount per hectare and it appears that the owner of the
fishponds is the government which leased them to a private Olfato v. COMELEC
person who operates them Statute: makes COMELEC • the sole judge of “all pre-
• Word: “Owner” – does not include government as the proclamation controversies”
ancient principle that government is immune from taxes. Held : “all” – covers• national, provincial, city or municipal

Where the law does not distinguish Phil. British Assurance Co. v. Intermediate Apellate Court
• Ubi lex non distinguit, nec nos distinguere debemus - Statute:
where A counterbond• is to secure the payment of “any
the law does not distinguish, courts should not distinguish. judgment,” when execution is returned unsatisfied
• Corollary principle: General words or phrases in a statute Held: “any judgment”
• includes not only final and executory
should ordinarily be accorded their natural and general but also judgment pending appeal whose execution ordered
significance is returned unsatisfied.
• General term or phrase should not be reduced into parts and
one part distinguished from the other to justify its exclusion Ramirez v. CA
from operation. Statute: “Act to Prohibit
• & Penalize Wire Tapping and Other
• Corollary principle: where the law does not make related
any Violations of Private Communications and Other
exception, courts may not except something therefrom, Purposes”
unless there a compelling reason to justify it. “It shall be unlawful, • not being authorized by all the parties
to any private communication or spoken word, to tap any
• Application: when legislature laid down a rule for one class,
no difference to other class. wire or cable, or by using any other device or
arrangement…”
Presumption: that the legislature made no qualification in the
general use of a term. Issue: Whether violation • thereof refers to the taping of a
communication a participant
other than to the
Robles v. Zambales Chromite Co. communication or even to the taping by a participant who
• Statute: grants a person against whom the possession of “any did not secure the consent of the party to the conversations.
land” is unlawfully withheld the right to bring an action for Held: Law did not distinguish
• whether the party sought to be
unlawful detainer. penalized ought to be party other than or different from those
• Held: any land not exclusive to private or not exclusively involved
to in the private communication. The intent is to
public; hence, includes all kinds of land. penalize all persons unauthorized to make any such
recording, underscored by “any”
Director of Lands v. Gonzales
• Statute: authorizes the director of lands to file petitions for Ligget & Myers Tobacco Co. v. CIR
cancellation of patents covering public lands on the ground Statute: imposes a “specific
• tax” on cigarettes containing
therein provided. Virginia tobacco …. Provided that of the length exceeds 71
• Held: not distinguished whether lands belong to national or millimeters or the weight per thousand exceeds 1¼ kilos, the
local government tax shall be increased by 100%.
Issue: whether measuring
• length or weight of cigars, filters
SSS v. City of Bacolod should be excluded therefrom, so that tax would come under
• Issue: exempts the payment of realty taxes to “properties the general provision and not under the proviso?
owned by RP” Held: Not having distinguished
• between filter and non-filter
• Held: no distinction between properties held in sovereign, cigars, court should not distinguish.
governmental, or political capacity and those possessed in
Velasco proprietary
Colgate-Palmolive
• v. Lopez
may beinno
Held:
formalities
Statute:
used
manufacture or patrimonial
considered
does
certain
Phils
the
distinction
of
not
v.preparation
toothpaste character.
“formalities”
Gimenez
distinguish
valid.between
orof
between
dental
befood
followed
essential
cream
“stabilizer
and inthose
ororder
and
non-essential
used
that
flavors”
citizen
naturalization
act
in
granting
during
Statute:
Issue:
theafter
the
his
Anwhether San••the
2intervening
Held:
disqualify
petition
applicant
years
for
Tiu
anyviolation
law
offense
from
for
Conviction
v.did
may
him
period
naturalization
Republic
and
the
conviction
not
or
of
from
be
violation
promulgation
make
amala
“he
allowed
municipal
taking
has
ofany
prohibita.
of
not
of
the
ifhis
to
distinction
government
an
he
been
ordinance
take
oath
of
applicant
can
applicant
the
convicted
his
asmala
show
aoath
decision
between
citizen.
would
rules”
in
from
as
that
for
se
ofa
 violation of municipal ordinance is comprehended within the Statute: Sec. 40 of• Commonwealth Act 61, punishes “any
statute and precludes applicant from taking his oath. individual who shall bring into or land in the Philippines or
conceals or harbors any alien not duly admitted by any
Peralta v. CSC immigration officer…
• Issue: whether provision of RA 2625, that government does not justify • giving the word a disjunctive meaning
employees are entitled to 15 days vacation leaves of absence
the words, since
“bring into” “land”, “conceals” and “harbors”
with full pay and 15 days sick leaves with full pay,
being four separate acts each possessing its distinctive,
exclusives of Saturday, Sundays or holidays in both cases, different and disparate meaning.
applies only to those who have leave credits and not to those
who have none.
CIR v. Manila Jockey Club
• Held: Law speaks of granting of a right and does not imposes amusement
Statute: • taxes on gross receipts of
distinguish between those who have accumulated and those “proprietor, lessee, or operator of amusement place”
who have none.
Held: “or” implies • that tax should be paid by either
proprietor, lessee, or operator, as the case may be, single &
Pilar v. COMELEC
not by all at the same time.
• Statute: RA 7166 provides that “Every candidate shall,
within 30 days after the day of the election file xxx true and
Use of “or” between • 2 phrases connotes that either phrase
itemized statement of all contributions and expenditures in
serves as qualifying phrase.
connection with the election.
“or” means “and”, WHEN• THE SPIRIT OR CONTEXT OF
• Held: Law did not distinguish between a candidate who
THE LAW SO WARRANTS
pushed through and one who withdrew it.
• “Every candidate” refers to one who pursued and even to Trinidad v. Bermudez(e.g. of “or” to mean “and”)
those who withdrew his candidacy.
Statute: Sec. 2, Rule• 112 of Rules of Court authorizing
municipal judges to conduct “preliminary examination or
Sanciagco v. Rono
investigation”
• (where the distinction appears from the statute, the courts
should make the distinction)
• “or” equivalent of “that is to say”
• Statute: Sec 13 of BP Blg. 697 which provides that: “ Any
person holding public appointive or position shall ipso facto SMC v. Municipality
(e.g. of “or”ofequivalent
Mandaueof “that is to
cease in office or position as of the time he filed his say”)
certificate of candidacy” Ordinance:• imposes graduated quarterly fixed tax
• Governors, mayors, members of various sanggunians or “based on the gross value
• in money or actual market value”
barangay officials shall upon the filing of candidacy, of articles;
be phrase “or actual market value” intended to
considered on forced leave of absence from office explain “gross value in money.”
• Facts: an elective Barangay. Captain was elected President of
• “or” means successively
Association of Barangay Councils and pursuant thereto
appointed by the President as member of the Statute: Art. 344 of• the Revised Penal Code - “the offenses
Sanggunian
of seduction, abduction, rape or acts of lasciviousness, shall
Panlungsod. He ran for Congress but lost.
not be prosecuted except upon a complaint by the offended
• Issue: He then wants to resume his duties as member of party or her parents, grandparents or guardian….”
sangguiniang panlungsod. He was merely forced on leave Although these •persons are mentioned disjunctively,
when he ran for Congress. provision must be construed as meaning that the right to
• Held: the Secretary of Local Government denied his request; institute a criminal proceeding is exclusively and
being an appointive sanggunian member, he was deemed successively reposed in said persons in the order mentioned,
automatically resigned when he filed his certificateone
no of shall proceed if there is any person previously
candidacy. mentioned therein with legal capacity to institute the action.

Garvida v. Sales, Jr. “And” is a conjunction • pertinently defined as meaning

• Issue: whether petitioner who was over 21 but below 22 was “together with,” “joined with,” “along with,” “added to or
qualified to be an elective SK member linked to”
o Never to mean “or”
• Statute: Sec.424 of the LGC provides that a member of the
o Used to denote joinder or union
Katipunan ng Kabataan must not be 21 yrs old.
“and/or” - means •that effect should be give to both
• Sec. 428 as additional requirement provides that elective conjunctive and disjunctive term
v.••Martin
Disjunctive
Peo official
yrs.
Held:
than
registers
elective
the
Word 21 of
independence
and
day
“on Sangguniang
conjunctive
“or”
the
of
the
official,
years
as
distinction
election.
isday
member
aofdisjunctive
of
of
one
must
words
age Kabataan
election”
thing
isnot
ofapparent:
onbe
from
term
Katipunan
election
more must
signifying
each
the
than
day not
other.
member
ng be more
21 disassociation
or
years
Kabataan.
on
mayofthe
be than
ageday
more
on
But
and21
where o
construction
equally
hetheauseterm used
particular
combination• made
susceptible
ofmay to
ASSOCIATED
Noscitur
conjunctive
of
disjunctive
any
be
wordoneavoid
ofaofor construction
several
sociis
of
clear
phrase
various
“and”
“or”
the
WORDS
and
of
alternatives
alone
will
is
the which
meanings,
specific
ambiguous
alternatives
exclude
will byor
standing
byexclude
the use
considering
its
in itself of
efficacy
correct
by
alone.
the
or
 the company of words in which it is found or with which it Issue:
is Whether defamatory
• statements through the medium
associated. of an amplifier system constitutes slander or libel?
• to remove doubt refer to the meaning of associated Libel: or committed • by means of “writing, printing,
companion words lithography, engraving, radio, cinematographic exhibiton.”
It is •argued that “amplifier” similar to radio
Buenaseda v. Flavier Held: No. Radio should• be considered as same terms with
• Statute: Sec. 13(3), Art XI of the Constitution grants writing and printing whose common characteristic is the
Ombudsman power to “Direct the officer concerned to take “permanent means of publication.”
appropriate action against a public official or employee at
fault, and recommend his removal, suspension, demotion, San Miguel Corp. v. NLRC
fine censure or prosecution. Issue: Whether claim • of an employee against his employer
• “suspension” – is a penalty or punitive measure not for cash reward or submitting process to eliminate defects
preventive in quality & taste of San Miguel product falls within
jurisdiction of the labor arbiter of NLRC?
Magtajas v. Pryce Properties Corp. Held: No. Outside of• jurisdiction. Not necessary that entire
• Stat: Sec. 458 of LGC authorized local government units touniverse of money claims under jurisdiction of labor arbiter
prevent or suppress “Gambling & other prohibited games butof only those to 1.) unfair labor practices, 2.) claims
chance.” concerning terms & conditions of employment 4.) claims
• “Gambling” – refers only to illegal gambling, like other relating to household services 5.) activities prohibited to
prohibited games of chance, must be prevented or suppressed employers & employees.
& not to gambling authorized by specific statutes. Statute: “jurisdiction• of Labor Arbiters and the NLRC, as
last amended by BP Blg. 227 including paragraph 3 “all
Carandang v. Santiago money claims of workers, including hose based on
• Issue: Whether an offended party can file a separate and nonpayment or underpayment of wages, overtime
independent civil action for damages arising from physicalcompensation, separation pay, and other benefits provided
injuries during pendency of criminal action for frustrated by law or appropriate agreement, except claims for
homicide. employees compensation, social security, medicare and
• Statute: Art. 33 of Civil Code “in case of defamation, fraud, maternity benefits.”
& physical injuries…”
• Held: Court ruled that “physical injuries” not as one defined Ebarle v. Sucaldito
in RPC, but to mean bodily harm or injury such as physical Statute: EO 265 outlines
• the procedure which complainants
injuries, frustrate homicide, or even death. charging government officials and employees with
commission of irregularities should be guided, applies to
Co Kim Chan v. Valdez Tan Keh criminal actions or complaints.
• Issue: Whether proceedings in civil cases pending in courtEO 265 – “complaints • against public officials and employees
under the so called Republic of the Philippines establishedshall be promptly acted upon and disposed of by the officials
during the Japanese military occupation are affected byortheauthorities concerned in accordance with pertinent laws
proclamation of Gen. McArthur issued on October 23, 1944 and regulations so that the erring officials and employees can
that “all laws, regulations and processes of any beother soonest removed or otherwise disciplines and the
government in the Philippines than that of the said innocent, exonerated or vindicated in like manner, and to the
Commonwealth are null and void and without legal effect.” end also that other remedies, including court action, may be
• “Processes” does not refer to judicial processes but to the pursued forthwith by the interested parties, after
executive orders of the Chairman of the Philippine administrative remedies shall have been exhausted”
Executive Committee, ordinances promulgated by Held: the executive order • does not apply to criminal actions.
President of so-called RP, and others that are of the The
same term is closely overshadowed by the qualification -
class as the laws and regulations with which the word “After administrative remedies shall have been exhausted,”
“processes” is associated. which suggest civil suits subject to previous administrative
actions.
Commissioner of Customs v. Phil. Acetylene Co. Mottomul v. dela Paz
• Statute: Sec. 6 of RA 1394 provides that “tax provided forIssue: Whether the word • ‘court’ in Sec 5, Art 5434: Appeal
in Sec. 1 of this Act shall not be imposed against shall the not stay the award, order, ruling, decision or judgment
importation into the Philippines of machinery or raw unless the officer or body rendering the same or the court,
materials to be used by new and necessary industry xxx; on motion after hearing, and on such terms as it may deem
machinery equipment, spare parts, for use of industries…” just should provide otherwise. The propriety of a stay
•• Santiago
Peo. v. Issue:
sense,
amounts
Held:
classified
industries,
to
produce
mining
If
illogical
confine
used
Since
which
Isenterprises,
of
or
in
the
planters
together”
the
capital
create
“industries”
means
ordinary
word
meaning
and/or
and
planters
or
enterprises
“industries”
with
manufacture
farmers,
sense,
ofused
labor?
the
and
theterm
inemploying
itfarmers.
obvious
the
terms
used
becomes
tosuch
law
activities
inminers,
legislative
for
as
ordinary,
relatively
inconsistent
the
those
that
2 mining
intent
ntend
generic
miners,
dlarge
time
whose
Relations,
in
Sec.
Held:
etc…;
to
ris
uling,
Appeals,
and
“is
gthe
ranted
1decision,
Correct
main
From
decision
of by
Sec.
RA
enumerated
case,”
the
Ejusdem
grouping,
construction
5434,
award
of
or
officer
judgment
refers
•Labor,
where
generis
Court
are
or
the
as
Agrarian
body
toSocial
made
appealable
enumeration
follows:
of
the
may
the
(or
Agrarian
rendering
court,
the
CA
be
Relations?
clear
Security
raised
same
or
Court
officers
to
with
Relations
to
in
the
kind
only
the
the
Sec.
award,
of
Commission
reference
or
by
or
Court
Agrarian
5species)
not
motion
bodies
means
order,
CA.
of
to
 • General rule: where a general word or phrase follows Statute:
an “In the case• of a corporation, all losses actually
enumeration of particular and specific words of the sustained
same and not charged off within the taxable year and not
class or where the latter follow the former, the general word compensated for by insurance or otherwise.”
or phrase is to be construed to include, or to be restrictedContention:
to, the assurances
• of responsible public officials
persons, things or cases akin to, resembling, or of thebefore
same the end of 1945 that property owners would be
kind or class as those specifically mentioned. compensated for their losses as a result of the war sufficed to
• Purpose: give effect to both particular or general words,place by the losses within the phrase “compensated xxx
treating the particular words as indicating the class and the otherwise” than by insurance
general words as indicating all that is embraced in said • Rejected! “Otherwise”
Held: “compensated
in the clause
for
class, although not specifically named by the particular
byrefers
insurance
to compensation
or otherwise”due under
words. a title analogous or similar to insurance. Inasmuch as the
• Principle: based on proposition that had the legislature latter is a contract establishing a legal obligation, it follows
intended the general words to be used in their generic and that in order to be deemed “compensated for xxx ‘otherwise,’
unrestricted sense, it would have not enumerated the thelosses sustained by a taxpayer must be covered by a
specific words. judicially enforceable right, springing from any of the
• Presumption: legislators addressed specifically to the juridical sources of obligations, namely, law, contract, quasi-
particularization contract, torts, or crimes,” and not mere pronouncement of
public officials
Illustration
Cebu Institute of Technology v. Ople
Mutuc v. COMELEC Issue: Whether teachers • hired on contract basis are entitled to
• Statute: Act makes unlawful the distribution of electoral service incentive leave benefits as against the claim that they
propaganda gadgets, pens, lighters, fans, flashlights, athletic are not so?
goods, materials and the like” Statute: Rule V of IRR • of Labor Code: “This rule (on service
• Held: and the like, does not embrace taped jingles incentive for leaves) shall apply to all employees, except “filed
campaign purposes personnel and other employees whose performance is
unsupervised by the employer including those who are
Murphy, Morris & Co. v. Collector of Customs engaged on task or contract basis.”
• Statute: Dynamos, generators, exciters, and other machinery Held: “those who were • employed on task or contract basis”
for the generation of electricity for lighting or for power; should be related with “field personnel,” apply the principle,
• Held: phrase “other machinery” would not include steam clearly teachers are not field personnel and therefore entitled
turbines, pumps, condensers, because not same kind of to service incentive leave benefits.
machinery with dynamos, generators and exciters.
Cagayan Valley Enterprises v. CA
Vera v. Cuevas Issue: whether the phrase • “other lawful beverages” which
• Statute: all condensed skimmed milk and all milk in gives protection to manufacturer with the Phil. Patent Office
whatever form shall be clearly and legibly marked on its its duly stamped or marked bottles used for “soda water,
immediate containers with words: “This milk is not suitable mineral or aerated waters, cider, milk, cream or other lawful
for nourishment for infants less than 1 year of age” beverages,” includes hard liquor?
• Held: restricts the phrase “all milk in whatever form,” Statute title: “An Act • to regulate the use of stamped or
excluded filled milk. marked bottles, boxes, casks, kegs, barrels, & other similar
containers.”
Graphilon v. Municipal Court of Cigara Held: The title clearly • shows intent to give protection to all
• Statute: the vice-mayor shall be entitled to assume the office marked bottles of all lawful beverages regardless of nature of
of the mayor during the absence, suspension or other contents.
temporary disability
• Held: anything which disables the mayor from exercising the National Power Corp. v. Angas
power and prerogatives of his office, since “their temporary Issue: whether the term • judgment, refers to any judgment
disability” follows the words “absence” and “suspension” directing the payment of legal interest.
Peo. v. Magallanes Statute: Central Bank • Circular # 416 – “by virtue of the
• Where a law grants a court exclusive jurisdiction to hear and authority granted to it under Sec. 1 of Act Number 2655, as
decide “offenses or felonies committed by public officials amended, otherwise known as Usury Law, the Monetary
and employees in relation to their office,” the phrase “IN Board in a resolution prescribed that the rate of interest for
RELATION TO THEIR OFFICE” qualifies or restricts the loan or forbearance of any money, good or credit & the rate
offense to one which cannot exist without the office, or the allowed in judgment in the absence of express contract shall
Cu Unjieng
• office
statute
improper
Issue:
from
1950
that
Sons,
no
gross
when
whether
ispayment
Inc.
oror
a income
v.
constituent
one
irregular,
Philippine
Bord
losses
would
perpetuated
of
ofdue
1945
of
Tax
be
element
his
War
Appeals
to
made
when
official
the
Damage
inof
for
war
they
the
the
said
functions
were
were
crime
performance,
Commission
losses?
sustained,
todefined
be deductible
advised
Held:
or
in
though
those
loans
the
in
Facts:
specific
authorizing
forJudgments
same
orviolation
former
retired
forbearance
terms
class
the
President’s
military
Republic
having
ofor
should
PCGG
Anti-Graft
the
• money,
restricted
officer
v.
to
same
mean
“subordinates
be
enumerated.
Migrino
recover
12%
Act
was
goods
nature
only
the
per
in
investigated
ill-gotten
meaning
relation
annum.
orjudgments
as
andcredit,
those
close
wealth
to
“judgments”
by
EO
specifically
these
associates”
the
involving
from
# PCGG
1 later
&the
to2
 • Issue: Does PCGG have jurisdiction to investigate such Expressio uniuso est exclusion alterius
- The
military officer for being in service during the administration expression of one or more things of a class implies
of the former President? the exclusion of all not expressed, even though all
• Held: “Subordinates” refers only to one who enjoys close would have been implied had none been expressed;
association or relation to the former President and his wife; opposite the doctrine of necessary implication
term “close associates” restricted the meaning of
“subordinates” Negative-opposite doctrine
• Argumentum
what is expressed
a contrario-
puts an end to
Limitations of ejusdem generis
what is implied.
• Requisites:
o Statute contains an enumeration of particular &
Chung Fook v. White
specific words, followed by general word or phrase
Statute: case exempts• the wife of a naturalized American
o Particular and specific words constitute a class or
from detention, for treatment in a hospital, who is afflicted
are the same kind
with a contagious disease.
o Enumeration of the particular & specific words is
Held: Court denied•petition for writ of habeas corpus (filed
not exhaustive or is not merely by examples by the native-born American citizen on behalf of wife
o There is no indication of legislative intent to give
detained in hospital), court resorted to negative-opposite
the general words or phrases a broader meaning doctrine, stating that statute plainly relates to wife of a
•
Rule of ejusdem generis, is not of universal application; naturalized
it citizen & cannot interpolate “native-born”
should use to carry out, not defeat the intent of the law. citizen.
Analysis: court’s application
• results to injustice (as should
US v. Santo Nino not discriminate against native-born citizens), which is not
• Statute: It shall be unlawful to for any person tointent carryof law, should have used doctrine of necessary
concealed about his person any bowie, knife, dagger, kris or implication.
other deadly weapon. Provided prohibition shall not apply to
Application of expression unius
firearms who have secured a license or who are entitled to
Generally used in construction
• rule
of statutes granting powers,
carry the same under the provisions of this Act.”
• Issue: does “the deadly weapon” include an unlicensed creating rights and remedies, restricting common rights,
revolver? imposing rights & forfeitures, as well as statutes strictly
construed.
• Held: Yes! Carrying such would be in violation of statute.
By the proviso, it m anifested its intention to include in the
Acosta v. Flor
prohibition weapons other than armas blancas therein
specified. Statute: specifically•designates the persons who may bring
actions
excludesforothers
quo from
warranto,
bringing such
Cagayan Valley Enterprises, Inc. v. CA – previous page, sa kabilang actions.
column
Escribano v. Avila
Roman Catholic Archbishop of Manila v. Social Security Commission Statute: for libel, “preliminary
• investigations of criminal
• Issue: a religious institution invoking actions for written defamation xxx shall be conducted by the
ejusdem generi
city fiscal of province or city or by municipal court of city or
whether ‘employer” be limited to undertaking an activity
capital of the province where such actions may be instituted
which has an element of profit or gain?
precludes all other municipal courts from conducting such
• Statute: “any person, natural or juridical, domestic or preliminary investigations
foreign, who carried in the Philippines any trade, business,
industry…. and uses the services of another person, who Peo. v. Lantin
under his orders as regard the employment, except the
Government, and any of its political subdivisions branches or • crimes which cannot be prosecuted
Statute: denamely
oficio
instrumentalities and GOCCs”. adultery, concubinage, seduction, rape or acts of
• Held: No. the rule of ejusdem generis applies only when lasciviousness; crimes such as slander can be prosecuted de
oficio.
there is uncertainty. The definition is sufficiently
comprehensive to include charitable institutions and charities
not for profit; it contained exceptions which said institutions More short examples on p. 225
and entities are not included. Manila Lodge No. 761 v. CA
Santos v. CA
Expressio
• unius oestthe
The express
implies
Rule may exclusion
be
Expressum
expressed
where
certain alterius
construction,
Exceptio
A
coming
exclusion
mention
expressed
thing
a matters,
within
statute,
not
firmat
puts
ofof
facit
being
in
be
all
the
one
aregulam
by
an
extended
others.
itnumber
purview
cessare
its
may
excepted
end
person,
terms,
in
to
of
not,
tocasibus
of
thing
tacitum
ways:
that
other
ismust
the
by
expressly
which
general
matters.
or
interpretation
be
non
-consequence
regarded
exceptis
is
limited
rule
what
implied
from
expenses
Held:
not
for
as
Statute:
to
or
is due,
money
contracts,
-The
in the
or
for
All
taxes
against
rule
contingent,
claims
the
Lerum
Central
Vera
express
due
limit
are
lastv.
•decedent,
to
for
excluded
sickness
of
v.
Fernandez
Barrio
the
or
Cruz
money
the
allimplied,
government,
claims
notice,
v.
of
must
from
against
City
thewhether
for
otherwise
the
be
decedent,
Treasurer
filled
the
funeral
operation
not decedent,
being
the
within
barred
and
expenses
same
of of
mentioned
Davao
judgment
the
the
forever.
be
arising
rule.
time
due,
and
Mendenilla v. Omandia Held: No. Charitable• and religious specifically enumerated
• Statute: changed the form of government of a municipality
only goes to show that the framers of the law in question
into a city provides that the incumbent mayor, vice-mayor
never intended to include solicitations for religious purposes
and members of the municipal board shall continue in office within its coverage.
until the expiration of their terms.
• Held: all other municipal offices are abolished.

Butte v. Manuel Uy & Sons, Inc.

• Statute: Legislature deliberately selected a particular method Limitations of the rule
1. It
of giving notice, as when a co-owner is given the right of is not a rule of law, but merely a tool in statutory
legal redemption within 30 days from notice in writing by construction
the vendor in case the other co-owner sells his share is the 2.
Expressio unius est exclusion
no morealterius,
than
co-owned property, auxiliary rule of interpretation to be ignored where other
• Held: the method of giving notice must be deemed excusive circumstances indicate that the enumeration was not intended
& a notice sent by vendee is ineffective. to be exclusive.
3. Does not apply where enumeration is by way of example or
to remove doubts only.

Gomez v. Ventura
Villanueva v. City of Iloilo Issue: whether the prescription
• by a physician of opium for a
• Statute: Local Autonomy Act, local governments are givenpatient whose physical condition did not require the use of
broad powers to tax everything, except those whichsuch aredrug constitutes “unprofessional conduct” as to justify
specifically mentioned therein. If a subject matter does not revocation of physician’s license to practice
come within the exceptions, an ordinance imposing a tax on • Held: Still liable! Ruleexpressio
notofapplicable
unius
such subject matter is deemed to come within the broad Court said, I cannot• be seriously contended that aside from
taxing power, exception firmat regulam in casibus the non
five examples specified, there can be no other conduct of
exceptis. a physician deemed ‘unprofessional.’ Nor can it be
convincingly argued that the legislature intended to wipe out
Samson v. Court of Appeals all other forms of ‘unprofessional’ conduct therefore deemed
• Where the law provides that positions in the government grounds for revocation of licenses
belong to the competitive service, except those declared by
law to be in the noncompetitive service and those which4.are Does not apply when in case a statute appears upon its face
policy-determining, primarily confidential or highly to limit the operation of its provision to particular persons or
technical in nature and enumerates those in the things enumerating them, but no reason exists why other
noncompetitive as including SECRETARIES OF persons or things not so enumerated should not have been
GOVERNORS AND MAYORS, the clear intent is that included and manifest injustice will follow by not including
assistant secretaries of governors and mayors fall under the them.
competitive service, for by making an enumeration,5. the If it will result in incongruities or a violation of the equal
legislature is presumed to have intended to exclude those not protection clause of the Constitution.
enumerated, for otherwise it would have included them in
6. If adherence thereto would cause inconvenience, hardship
the enumeration and injury to the public interest.

Firman General Insurance Corp. v. CA Doctrine of casus omissus

• The insurance company disclaimed liability since death A person, object or thing • omitted from an enumeration must
resulting from murder was impliedly excluded in the be held to have been omitted intentionally.
insurance policy as the cause of death is not accidental butThe maxim operates•only if and when the omission has been
rather a deliberate and intentional act, excluded by the very clearly established, and in such a case what is omitted in the
nature of a personal accident insurance. enumeration may not, by construction, be included therein.
• Held: the principle “expresssio unius est exclusio - Exception: the where legislature
• did not intend to exclude the
mention of one thing implies the exclusion of the other thing person, thing or object from the enumeration. If such
- not having been expressly included in the enumeration oflegislative intent is clearly indicated, the court may supply
circumstances that would negate liability in said insurance the omission if to do so will carry out the clear intent of the
policy cannot be considered by implication to discharge the legislature and will not do violence to its language
petitioner insurance company to include death resulting from
murder or assault among the prohibited risks lead inevitably Doctrine of last antecedent
Centeno
• v. contributions
to
itself
Insurance
loss
nga,
di
Issue:
renovation
of
criminal
Villalon-Pornillos
mas
the
Social
suffered
ayaw
from
whether
conclusion
laloServices,
offense
pang
company
liability
of
ngby
for
church
kailangang
the
bayaran!
the
charitable
that
for
is
solicitation
insured.
still
without
asuch
itaviolation
liable
Sobra!
did
bayaran
person
or
death
(sobra
securing
not
public
for
for
Hindi
intend
of
the
dahil
‘to,
toreligious
PD
welfare
injury,
permit
daw
solicit
Imurder!
swear!
to
1564,
accidental…
limit
purposes.
disability
fro
purposes,
or
making
Minurder
Sus!
Department
orreceive
exempt
Sus!)
Qualifying
and
itRule:
eh
exerts
i.e.,
ana
Ad
phrases
use
proximum
a dominant
to
of
words
which
relative
a comma ••words
Illustration
antecedens
restrict
influence
theywhich
toare
unless
separate
sententia
ofor
ofrefer
immediately
are
last
inrule
modify
fiat
the
distantly
antecedent.
to
an
context
application
–relatio
the
antecedent
only
or
associated
nearest
otherwise
remotely
nisi
the
offrom
antecedents,
the
impediatur
words
not
doctrine
requires
located.
thethose
rest
or
Pangilinan v. Alvendia custody” applies to all schools, academic as well as non-
• Members of the family of the tenant includes the tenant’s academic
son, son-in-law, or grandson, even though they are not Held: teachers • pupils and students; heads of
dependent upon him for support and living separately from
establishments of arts and trades to apprentices
him BECAUSE the qualifying phrase “who are dependent
General rule: responsibility
• for the tort committed by the
upon him for support” refers solely to its last antecedent,
student will attach to the teacher in charge of such student
namely, “such other person or persons, whether related to the
(where school is academic)
tenant or not”
Exception: responsibility• for the tort committed by the
Florentino v. PNB student will attach to the head, and only he, (who) shall be
held liable (in case of the establishments of arts and trades;
• Issue: whether holders of backpay certificates can compel
technical or vocational in nature)
government-owned banks to accept said certificates in
payment of the holder’s obligations to the bank.
PROVISOS, EXCEPTIONS AND CLAUSES
• Statute: “obligations subsisting at the time of the approval of
this amendatory act for which the applicant may directly be Provisos, generally
liable to the government or to any of its branches or the application
to limit • of the enacting clause, section or
instrumentalities, or to corporations owned or controlled by provision of a statute, or except something, or to qualify or
the government, or to any citizens of the Philippines orrestrain
to its generality, or exclude some possible ground of
any association or corporation organized under the laws of misinterpretation of it, as extending to cases not intended by
the Philippines, who may be wiling to accept the same for legislature to be brought within its purview.
such settlement” Rule: restrain or qualify
• the generality of the enacting clause
• Held: the court, invoking the doctrine of last antecedent, or section which it refers.
ruled that the phrase qualify only to its last antecedent Purpose: limit or restrict
• the general language or operation of
namely “any citizen of the Philippines or association or the statute, not to enlarge it.
corporation organized under the laws of the Philippines”Location: commonly •found at the end of a statute, or
• The court held that backpay certificate holders can compel provision & introduced, as a rule, by the word “Provided”.
government-owned banks to accept said certificates for
Determined by: What• determines whether a clause is a
payment of their obligations with the bank. proviso is its substance rather than its form. If it performs
any of the functions of a proviso, then it will be regarded as
Qualifications of the doctrine. such, irrespective of what word or phrase is used to introduce
1. Subject to the exception that where the intention of the law is it.
to apply the phrase to all antecedents embraced in the
provision, the same should be made extensive to the whole. Proviso may enlarge scope of law
2. Doctrine does not apply where the intention is not to qualifyIt is still the duty of• the courts to ascertain the legislative
the antecedent at all. intention and it prevails over proviso.
• Thus it may enlarge, than restrict
Reddendo singular singuilis
• Variation of the doctrine of last antecedent U.S. v. Santo Nino
• Referring each to each;
• Referring each phrase or expression to its appropriate object,
•
Statute: it shall be unlawful for any person to carry concealed
about his person any bowie, knife, dagger, kris or any other
or let each be put in its proper place, that is, the word should
be taken distributively. deadly
that this
weapon:
provision
Provided,
shall not apply
to firearms in the possession of persons who have secured a
Peo. v Tamani license therefore or who are entitled to same under
• Issue: when to count the 15-day period within which to provisions of this Act.
appeal a judgment of conviction of criminal action—date Held:of through the Proviso • it manifested the intention to
promulgation of judgment or date of receipt of notice of include in the prohibition weapons armasother
blancas
than
judgment. as specified.
• Statute: Sec. 6, Rule 122 of the Rules of Court
• Held: Should be from ‘promulgation’ should be referring to Proviso as additional legislation
‘judgment,’ while notice refer to order. Expressed in the opening
• statement of a section of a statute
Would mean exactly• the reverse of what is necessarily
King v. Hernandez implied when read in connection with the limitation
• Issue: Whether a Chinese holding a noncontrol position in a • Purpose:
retail establishment, comes within the prohibition against o To limit generalities
Amadora
• v.students
aliens
administration
as
Held:
activity,
prohibition
Issue:
“lastly
shall
CA
an officer,
Following
whether
be
teachers
intervening
including
or
liable
against
employee
apprentices
oror
Art
the
for
control”
heads
the
2180
“in
that
principle,
damages
employment
orofthe
of
laborer…
of
followed
soestablishments
Civil
laborers,
management,
long
the
caused
entire
Code,
of
by
asaliens.
the
they
isby
scope
which
of
phrase
covered
their
operation,
arts
remain
ofstates
and
“whether
personnel
pupils
by
trade
in
Exception:
that
the
their
General
immediately
Chinese
ando Exclude
generality
unless
Flour
rule:What
preceding
Importers
from
qualifies
it ofproviso
•clearly
the
the
otherwise
clause
intended
Assn
scope
it;
or
qualifies
appears
or
modifies
v.
that
of
Price
would
restrains
toitthe
have
immediately
that
Stabilization
be
statute
only
a within
the
wider
or the
limits
that
legislature
scope
its
follows.
phrase
Board
which
terms
the
 • Statute: Sec. 15 RA 426 - Any existing law, executive orderWhere there is a conflict • between the proviso and the main
provision, that which is located in a later portion of the
or regulation to the contrary notwithstanding, no government
agency except the Import Control Commission shall allocate prevails, unless there is legislative intent to the
statute
the import quota among the various importers. Provided, contrary.
That the Philippine Rehabilitation and Trade Administration Latter provision, •whether provision or not, is given
shall have exclusive power and authority to determine and preference for it is the latest expression of the intent of the
regulate the allocation of wheat flour among importers.” legislation.
• Issue: whether or not the proviso excluded wheat flour from
the scope of act itself. Exceptions, generally
• Held: NO! Proviso refer to the clause immediately Exception consists • of that which would otherwise be
preceding it and can have no other meaning than that the included in the provision from which it is excepted.
function of allocating the wheat flour instead of assigningIttois a clause which exempts
• something from the operation of
Import Control Commission was assigned to PRTA. a statute by express words.
• If wheat flour is exempted from the provisions of the Act, “except,” “unless
• otherwise,” and “shall not apply”
May not be introduced
the proviso would have been placed in the section containing • by words mentioned above, as long as
the repealing clause if such removes something from the operation of a provision
of law.
Collector of Internal Revenue v. Angeles Function: to confirm • the general rule; qualify the words or
• When an earlier section of statute contains proviso, not phrases constituting the general rule.
embodied in later section, the proviso, not embodied in a • firmat regulam in casibusAexceptis
Exceptio thing not-
later section thereof, in the absence of legislative intent, be
being excepted, must be regarded as coming within the
confined to qualify only the section to which it has been purview of the general rule.
appended. D
• oubts: resolved in favor of general rule

Flores v. Miranda
• Issue: Petitioner that approval of the Public Service Exception and Proviso distinguished
Commission of the sale of public service vehicle was not
necessary because of proviso in Sec. 20 of Commonwealth Exception:
Act No. 146 Exempts something• absolutely from the operation of statute
• Statute: It shall be unlawful for any public service vehicleTakes or out of the statute • something that otherwise would be a
for the owner, lessee or operator thereof, without the part of the subject matter of it.
previous approval and authority of the CommissionPart of the enactment • itself, absolutely excluding from its
previously had xxx to sell, alienate xxx its property, operation some subject or thing that would otherwise fall
franchise; Provided, however, that nothing herein contained within the scope.
shall be construed to prevent the transaction from being Proviso:
negotiated or completed before its approval or to prevent the • Defeats its operation conditionally.
sale, alienation, or lease by any public service of any of its • Avoids by way of defeasance or excuse
property in the ordinary course of business” If the enactment is •modified by engrafting upon it a new
• Held: provision, by way of amendment, providing conditionally for
o the proviso xxx means only that the sale without a new case- this is the nature of proviso.
the required approval is still valid and binding
between the parties; also Similar: in a way since one of the functions of proviso is to except
o the phrase “in the ordinary course of business xxx something from an enacting clause.
could not have been intended to include sale of
vehicle itself, but at most may refer only to such Illustration of exception
property that may be conceivably disposed of by
the carrier in the ordinary course of its business, MERALCO v. Public Utilities Employees’ Association
like junked equipment. •
Statute: No person, firm, or corporation, business
establishment or place shall compel an employee or laborer
Mercado Sr. v. NLRC
to work on Sundays& legal holidays, unless paid an
• Held: the proviso in par 2 of Art 280 relates only to casual
additional sum of at least 25% of his renumeration:
employees; not to project employees. that this prohibition Provided, shall not apply to public
• Applying rule that proviso to be construed with referenceutilities to performing public service, e.g. supplying gas,
immediately preceding part of the provision which it is electricity, power, water etc…
Exception
Repugnancy
• attached
intent
Proviso
part
legislative
Where
or
itself
manner,
to between
the
the
ofas
was
ruleaand
intent
earlier
the not
construed
in to
intent
ordertoto
whole,
proviso
section
restrictother
isprovisions
that
isqualify
to
then sections
indicated.
and
to
or
qualify
thethe
qualify.
which
main
intent
or
of
proviso
restrict
only thereof,
provision
the
itofisthe
statute
will unless
attached;
the
immediately
law
be
phrase
may
or legislative
construed
ifeven
be
preceding
nocarried
preceding
contrary
the
in that
statute
Statute:
out
Issue:
itprinted
electricity
by
athat
law
“Provided.”
IsNo
unless
appellant
copies
MERALCO
bill
& Tolentino ••part
provides
thereof
shall
it As
has
iswho
be
appellant
passed
liable
exempt
inpassed
means
v.
work
established
is
Held:
itsSecretary
anfinal
3toexception
during
readings
isby
of
Negative.
from
pay
aform
transportation,
either
public
in
the
ofholidays
qualified
the
have
Finance
on
House
although
25%
utility
2enactment
separate
ndbeen
for
and
shall
that
itprohibition
employees
distributed
introduced
is
Sundays?
supplies
days,
become
evident
clause.
&
 to its Members 3 days before its passage, except when the o Construe its parts and section in connection with
President certifies to the necessity of its immediate other parts
enactment to meet a public calamity or emergency. o Why? To “produce” a harmonious whole
• Held: it qualifies only its nearest antecedent, which is the
distribution of the printed bill in its final form 3 days from its • Never:
final passage.& not the 3 readings on separate days. o Divide by process of etymological dissertation
(why? Because there are instances when the
Pendon v. Diasnes intention of the legislative body is different from
• Issue: whether a person convicted of a crime against that of the definition in its original sense)
property, who was granted absolute pardon by the President, o Separate the words (remember that the whole point
is entitled to vote? of this chapter is to construe it as a whole)
• Statute: A person shall not be qualified to vote “who has o Separate context
been sentenced by final judgment to suffer one year or more Base definitions ono lexicographer (what is a
from imprisonment, such disability not having been removed
lexicographer? A person who studies lexicography.
any plenary pardon” or “who has been declared by final
What is lexicography then? Analyzes semantic
judgment guilty of any crime against property.”
relationships between lexicon and language – not
• 1st clause- 2 excpetions – (a) Person penalized by less than 1 important. Never mind ) – ang kulit!
yr.; and (2) Person granted an absolute pardon The whole point of•this part is to construe the whole statute
• 2nd clause - creates exception to 1 st but not to 2 nd that aand its part together (actually kahit ito nalang tandaan
person
convicted of crime against property cannot vote unlesshanggang matapos kasi ito lang yung sinasabi ng book)
there’s pardon.
• Held: absolute pardon for any crime for which one year of Intent ascertained from statute as whole
imprisonment or more was meted out restores the prisoner to Legislative
• meaning and intent should be
his political rights. extracted/ascertained from statutes as a whole (hence the
• If penalty less 1 yr, disqualification not apply, except when title…)
against property- needs pardon. o Why? Because the law is the best expositor of
itself
• The 2n d clause creates the exception to the 1 st
•
Optima Statuti Interpretatio est ipsum- statutum the best
Gorospe v. CA (exception need not be introduced by “except” or interpreter of a statute is the statute itself
“unless”) remember this storyo to [ memorize the maxim:
• Statute: Rule 27 of Rules of Court, “service by registered Frutti where
Optimainterpreting
at Statuti as to
mail is complete upon actual receipt by the addressee; but if why when cockroaches(IPIS) when added results
fail to claim his mail from the post office within 5 days from to SUM (ipsum) a stadium (statutum)] – sorry
ate of first notice of the postmaster, service shall take effect blockmates, weird si cherry!
at the expiration of such time.” Do not inquire too much • into the motives which influenced
• Issue: Whether actual receipt the date of a registered mail the legislative body unless the motive is stated or disclosed
after 5 day period, is the date from which to count the in the statute themselves.
prescriptive period to comply with certain requirements.
• Held: Service is completed on the 5 t h day after the 1 st notice, Aisporna v. CA
even if he actually received the mail months later. pointed out that words, • clauses, phrases should not be
studied as detached/isolated expressions
• 2nd part is separated by semicolon, and begins with ‘but’ o Consider every part in understanding the meaning
which indicates exception. of its part to produce a harmonious whole
o Meaning of the law is borne in mind and not to be
Saving clause
extracted from a single word
• Provision of law which operates to except from the effect of o Most important: Every part of the statute must be
the law what the clause provides, or save something which
interpreted with reference to the context
would otherwise be lost.
• Used to save something from effect of repeal of statute Aboitiz Shipping Corp v. City of Cebu
• Legislature, in repealing a statute, may preserve in the form Described that if the• words or phrases of statute be taken
of a saving clause, the right of the state to prosecute individually
and it might convey a meaning different form the
punish offenses committed in violation of the repealed law.
one intended by the author.
• Where existing procedure is altered or substitutedInterpreting by words or• phrases separately may limit the extent
another, usual to save proceedings under the old law at the of the application of the provision
CHAPTER
other
STATUTE
Generally
• Statutes
time
Construed:
Given
statute.
Statute
CONSTRUED
SIX:
the
o It
strict
is
Statute
new
should
passed
inlaw
light
orConstrued
have
as
AS
takes
liberal
of
a WHOLE
whole
one
intent
effect,
purpose
meaning
as
byby
Whole
legislature
means
anddepending
one
and
of intent
saving
in Relation
onclause
nature
cable
Issue:
tosecretly
or
for
private
There
of
or
spoken
any
whether
byperson,
is
overhear,
communication
aword
using
provision
the
Gaanan
not
by
phrase
intercept,
any
being
•using
which
v.other
or
Case
dictagraph…”
party
Intermediate
authorized
device
such
spoken
or
states
of
line
device
device
record
wire
or
that
and
word
byarrangement
tapping
Appellate
“extension
or
commonly
such
all
ittoshall
the
arrangement,
tap
communication
parties
any
be
Court
known
unlawful
includes
wire
to any
or
as
to
 • Statcon: it should not be construed in isolation. Rather it Ut res magis valeat quam pereat - the
should be interpreted in relation to the other words (tap, to construction is to be sought which gives
overhear) thus party line or telephone extension is not effect to the whole of the statute - of its
included because the words in the provision limit it to those every word.
that have a physical interruption through a wiretap or the
deliberate installation of device to overhear. (Remember the Apparently conflicting provisions reconciled
maxim noscitus a sociis because in here they applied included an in the rule• of construing statute as a whole, is the
association with other words in construing the intention orreconciling and harmonizing conflicting provisions because
limitation of the statute) it is by this that the statute will be given effect as a whole.
Why is it a must •for courts to harmonize conflicting
National Tobacco Administration v. COA provision? - Because they are equally the handiwork of the
• Issue: whether educational assistance given to individuals same legislature
prior to the enactment of RA 6758 should be continued to be
received? RP v. CA
• Held: Yes. Proper interpretation of section12 RA 6758
Issue: whether or not• an appeal of cases involving just
depends on the combination of first and second paragraph compensation should be made first by DARAB before RTC
• First sentence states that “such other additional under Sec. 57
compensation not otherwise specified as may be determined Held: SC said that the • contention of the Republic and the
by the DBM shall be deemed included in the standardized Land Bank in the affirmative side has no merit because
although
salary rates herein prescribed.” The second sentence states DARAB is granted a jurisdiction over agrarian
“such other additional compensation, whether in cash or reform
in matters, it does not have jurisdiction over criminal
kind, being received by incumbents only as of July 1, 1989 cases.
not integrated into the standard shall continue to be
authorized.” (you can ask cheery na lang to explain it, ang Sajonas v. CA
haba ng nasa book ) Issue: what period an
• adverse claim annotated at the back of
• statcon: do not isolate or detach the parts. Construing a a transfer certificate effective?
statute as a whole includes reconciling and harmonizing Held: In construing• the law Sec. 70 of PD 1529 (adverse
conflicting provisions claim shall be effective for a period of 30 days from the date
of the registration…) care should be taken to make every part
Purpose or context as controlling guide effective
• construe whole statute and ascertain the meaning of the
words or phrases base on its context, the nature of the Special and general provisions in same statute
subject, and purpose or intention of the legislative body who • special would overrule the general
enacted the statute special must be operative; • general affect only those it applies
• give it a reasonable construction • except to general provision
• Leeway are accepted on grammatical construction, letters of
the statutes, rhetorical framework if it can provide a clear Construction as not to render provision nugatory
and definite purpose of the whole statute ( as long as it can another consequence•of the rule: provision of a statute should
produce a clear and definite statutes, it is sometimes affectednot be construed as to nullify or render another nugatory in
to be lax on the construction of grammar) the sam e statute
• Harmonize the parts of each other and it should be consistent Interpretatio fienda est • et res magis valeat quam pereat - a
with its scope and object law should be interpreted with a view to upholding rather
than destroying
Giving effect to statute as a whole o Do not construe a statute wherein one portion will
• Why construe a statute as a whole? - Because it implies that destroy the other
one part is as important as the other o Avoid a construction which will render to
• What if the provision/section is unclear by itself? - One can provision inoperative
make it clear by reading and construing it in relation to the
whole statute Reason for the rule
• How do you properly and intelligently construe a because of the presumption
• that the legislature has enacted a
provision/statute? - 3 ways: (1) Understand its meaning statute and whose provisions are in harmony and consistent with
scope; (2) apply to an actual case; (3) courts should consider each other and that conflicting intentions is the same statute
the whole act itself are never supported or regarded
• Why should every part of the statute be given effect? -
Qualification of rule
• Because
hodgepodge
Ways
to Republic
oon iteffect
Ascertain
Interpret
Construe
Consider
Make
how
wholeisthe
general
sensible
v.of enacted
Reyes
every
conflicting
the
each
constituent
to
legislative
courts
purpose
every
(adopt as
thought
):and
part
should
part
every anconstrue
integrated
aprovisions
effective,
intent
parts
construction
of
conveyed
provision
the
together
form measure
of harmonious
the
whole
by
a in
statute)
which
statute
the
light
part
statute
would
of not
(according
and
the as
What
What aifif
together?
give
What
nullifying
w
the
hich
former;
ifthere
the
the
is- least
parts
the
conflict
one
islast
Construction
no
other?
must
in
cannot
in
choice?
accord
cannot
•order
inquire
- be
Rule
statute
intent
passage
with
is
-harmonized
bethe
as
frequently
into
isharmonized
the
to
for
islatter
give
the
otherwise
general
thecircumstances
life
provision
court
or
held
reconciled
to
and
plan
to
to
law
made
prevail
reject
ofmust
theof
to
without
the
vacate
unless
whole
stand
their
one
 • provide sensible interpretation to promote the ends of which Law – “the municipal • board shall have a secretary who shall
they were enacted be appointed by it to serve during the term of office of the
• construct them in a reasonable and practical way to give life members thereof”
to them Amendment – “the •vice-mayor shall appoint all employees
• Interpretatio fienda es ut res magis valeat quam pereat of the - board who may be suspended or removed in
interpretation will give the efficacy that is to be adopted. accordance with law”
Construction of both • Law and Amendment – the power of
Construction to avoid surplusage the vice-mayor to make appointment pursuant to the
• construe the statute to make no part or provision thereof asamendatory act is limited to the appointment of all
surplasage employees of the board other than the board secretary who is
• each and every part should be given due effect and meaning to be appointed by the board itself
• do not construe a legal provision to be a useless surplusage
and meaningless STATUTE CONSTRUED IN RELATION TO CONSTITUTION
• exert all efforts to provide the meaning. Why? Because of AND OT HER STATUTES
the presumption that the legislature used the word or phrase
for a purpose Statute construed in harmony with the Constitution
Constitution- the fundamental • law to which all laws are
Application of rule subservient
General Rule: Do not• interpret a statute independent from the
Mejia v.Balalong constitution
• Issue: how to constru “next general election” in Sec. 88 of Construe the statute • in harmony with the fundamental law:
the City Charter of Dagupan City? Why? Because it is always presumed that the legislature
adhered to the constitutional limitations when they enacted
• Held: the phrase refers to the next general election after the
the statute
city came into being and not the one after its organization by
It is also important •to understand a statute in light of the
Presidential Proclamation.
constitution and to avoid interpreting the former in conflict
with the latter
Niere v. CFI of Negros Occidental
What if the statute is• susceptible to two constructions, one is
• Issue: does the city mayor have the power to appoint a city
constitutional and the other is unconstitutional? A: The
engineer pursuant to Sec. 1 of the City Charter of La Carlote
construction that should be adopted should be the one that is
• Held: no, the city mayor does not have such power. Theconstitutional and the one that will render it invalid should
phrase “and other heads and other employees of such be rejected.
departments as may be created” whom the mayor can
The Court should favor • the construction that gives a statute
appoint, refers to the heads of city departments that may be
of surviving the test of constitutionality
created after the law took effect, and does not embrace the
city engineer. To rule otherwise is to render the first The Court cannot in • order to bring a statute within the
fundamental law, amend it by construction
conjunction “and” before the words “fire department” a
superfluity and without meaning at all
Tañada v. Tuvera
Uytengsu v Republic this is the case regarding • Art. 2 of the Civil Code especially
the phrase “unless otherwise provided”.
• Issue: whether the requirement the requirement for
naturalization that the applicant “will reside continuously in • Statcon: one the shouldphraseunderstand
refers tothatthe
if
the Philippines from the date of the filing of the petition publication up itself it would violate the constitution (since all
to the time of his admission to Philippine citizenship” refers laws should be made public) [if malabo, vague, eh? huh? –
to actual residence or merely to legal residence or domicile cherry will explain it na lang ]
• Held: such requirement refers to actual or physical residence
because to construe it otherwise is to render the clause a Statutes in Pari Materia
surplusage. pari
• materia - refers to any the following:
• An applicant for naturalization must be actually residing in o same person or thing
the Philippines from the filing of the petition for o same purpose of object
naturalization to its determination by the court o same specific subject matter
• Later statutes may refer to prior laws.
Manila Lodge No. 761 v. CA What if the later law• have no reference to the prior law, does
• Issue: whether the reclaimed land is patrimonial or publicthat mean they are not in pari materia? - No. It is sufficient
dominion? that they have
Pari the same subject matter.
Materia
•
Statute and
Almeda Held: ofto
v. Florentino
and
City
A
while
rule
Whatever
effect
itssale say
amendments
aapplies
atogether that
surplusage
ofManila “isthe
patrimonial
public
changes
to the
with land
construed
dominion
theland
the isauthorized
construction
hereby
thephrase
other patrimonial
legislature
doestogether
needs
of
parts.
not.
and
thea made
its
law will
ittherender
legislative
toamendments
lease
to sell”nugatory
should
or
effect
authorization,
that
be are
given
the
materia,
interpretandi
of
When
itharmonized
subject
Interpretare
the
as
jurisprudence
adeterminants
iswhole.
thus
aasstatute
along
even
modus
with
But
How
et not
if
(parang
as
other
concordare
also
•–statutes
of
two
their
in
every
bear
pari
statutes
ascertaining
statutes
they
harmony
specific
ganun
statute
in
materia?
inare
mind
construed
leges
as
din
are
NOT
with
subjects
to
must
nung
under
that
-form
iflegibus
The
in
other
abe
itpari
first
statute
aconditions
are
should
so
the
uniform
existing
construed
material
part,
not
est
same
isalso
the
construe
optimus
in
system
laws)
above
same,
broad
be
pari
and
in
 • Construe statutes in pari materia together to attain the Illustration of the rule (in pari materia)
purpose of an express national policy
• Why should they be construed together? - Because of the Lacson v. Roque
assumption that when the legislature enacted the statutesIssue:
they the phrase unless
• sooner removed of a statute that
states
were thinking of the prior statute. Prior statutes relating to “the mayor shall hold office for four years unless
the same subject matter are to be compared with the new sooner removed”
provisions. statcon: the court held
• that the phrase should be construed in
• Again it is important to harmonize the statutes. relation Courts to removal statutes. Thus the phrase meant that
should not render them invalid without taking the necessaryalthough the mayor cannot be removed during his term of
steps in reconciling them office, once he violates those that are stated in removal
statutes.

Chin Oh Foo v. Concepcion

Vda de Urbano v. GSIS •
criminal case Article 12(1) exempting circumstance
• there were no facts given in the book except that it was in (imbecile or insane)
this case that in pari materia was explained well.Statcon: The the phrase “shall
• not be permitted to leave without
explanation are the same in the aforementioned first obtaining permission of the same court” should be
reconciled with another statute that states “any patient
• Other things to consider in constructing statutes which areconfined in in a mental institution may be released by the
pari materia Director of Health once he is cured. The Director shall
o History of the legislation on the subject inform the judge that approved the confinement”. These two
o Ascertain the uniform purpose of the legislature statutes refers to a person who was criminally charged but
o Discover the policy related to the subject matter was proven to be an imbecile or insane, thus they should be
has been changed or modified construed together. Their construction would mean that in
o Consider acts passed at prior sessions even thoseorder for the patient to be release there should be an approval
that have been repealed of both the court and the Director of Health.
• Distingue tempora et concordabis jura – distinguish times
and you will harmonize laws King v. Hernaez
• In cases of two or more laws with the same subject matter: Statcon: relation of• RA 1180 (Retail Trade Nationalization
o Question is usually whether the later act impliedly Act) to Commonwealth Act 108 (Anti Dummy Law)
repealed the prior act.
o Rule: the only time a later act will be repealed or Dialdas v. Percides
amended is when the act itself states so (thatFacts: it a alien who operated
• a retail store in Cebu decided to
supersedes all the prior acts) or when there isclose an his Cebu store and transfer it to Dumaguete. RTL
irreconcilable repugnancy between the two. (retail trade law) and Tax Code Sec. 199 were the statutes
o In the case of “implied” the doubt will be resolvedtaken into consideration in this case. The former authorizes
against the repeal or amendment and in favor of any alien who on May 15, 1954 is actually engaged in retail,
the harmonization of the laws on the subject (later to continue to engage therein until his voluntary retirement
will serve as a modification) from such business, but not to establish or open additional
stores for retail business. The latter provides that any
Reasons why laws on same subject are reconciled business for which the privilege tax has been paid may be
• 2 main reasons: removed and continued in any other place without payment
o The presumption that the legislature took into of additional tax.
account prior laws when they enacted the new one. Issue: whether the transfer
• by the alien from Cebu to
Dumaguete can be considered as a voluntary retirement from
(orbiter dictum ni cherry: this chapter keeps pointing out that the business.
legislature are knowledgeable on the law, but I wonder how the actors Held: No. Although•the trial court affirmed the question, the
fit? Im not discriminating but how did Lito Lapid, Loi Ejercito, etc SC ruled otherwise stating that RTC overlooked the clear
knew the prior laws? I heard they have researchers who do it for them. provision of Sec. 199.
Why don’t we vote those researchers instead? Yun lang. I have been
C & C Commercial Corp v. National Waterworks and Sewerage
reading the whole presumption that the legislature is knowledgeable.
Madaming namamatay sa akala. Is agpalo still alive?hahaha ) Authority
Facts: R.A. 912 (2) states • that in construction or repair work
o Because enactments of the same legislature on the undertaken by the Government, Philippine made materials
same subject are supposed to form part of and one products, whenever available shall be used in
Where • harmonization
Earlier lawor
“current” uniform
supplementary
should
islater
impossible
If expression
give
possible
system
wherein
effect
way
to (Why?
the
to
of
construe
the
the
the
earlier
provisions
later
legislative
Because
enactments)
the
law because
of
two
later
will
bothstatutes
statutes
are
it isgiven
preference
Flag
the
be
Issue:
they
Held:
are
made
including
Law
should
interpretation
The
in(Commonwealth
inthe
SC
to
begovernment
the
Cabada
give
purchase
construed
relates
purchase
preference
•of the
v.
two
and
construction
products
Alunan
to
two
owned
statutes
Act
attain
use
ofto
statutes
of
138)
III
locally
articles
or
the
Phil.
requiring
controlled
or
gives
same
asMade
produced
repair
inbypari
native
objective
that
materials
Government,
work.
corporations.
materia
preference
materials.
products
that
and
is
 • Issue: whether or not an appeal lies from the decisionLGC of of 1991, a later• law, empowers all government units to
regional appellate board (RAB) imposing disciplinary action
enact ordinances to prevent and suppress gambling and other
against a member of the PNP under Sec. 45 of RA 6975 games of chance.
regarding finality of disciplinary action Stacon: These two• should be harmonized rather than
• The court held that the “gap” in the law which is silent onannulling one and upholding the other. Court said that the
filing appeals from decisions of the RAB rendered within
solution
the to this problem is for the government units to
reglementary period should be construed and harmonized suppress and prevent all kinds of gambling except those that
with other statutes, i.e. Sec 2(1), Article IX-B of the 1987 are allowed under the previous law
Constitution because the PNP is part, as a bureau, of the
reorganized DILG, as to form a unified system of Leveriza v. Intermediate Appellate Court
jurisprudence RA 776 empowers• the general manager of the Civil
• Statcon: if RAB fails to decide an appealed case within 60 Aeronautics Administration to lease real property under its
days from receipt of the notice of appeal, the appealed administration.
decision is deemed final and executory, and the aggrieved Administrative Code• authorizes the President to execute a
party may forthwith appeal therefrom to the Secretary lease ofcontract relating to real property belonging to the
DILG. Likewise, if the RAB has decided the appeal within republic
60-day reglementary period, its decision may stillHow be do you apply the • rule? - In this case, the prior (special)
appealed to the Secretary of DILG law should prevail

Manila Jockey Club Inc. v. CA Reason for the rule

• Issue: who was entitled to breakages (10% dividendtheofspecial law is considered
• an exception to the general law
winning horse race tickets) (as long as same subject)
• Statcon: There are two statutes that should be considered.
RA 309 (amended by 6631 &6632) is silent on the matter but Qualification of the rule
the practice is to use breakages for anti bookie drive and •The rule aforementioned is not absolute.
other sale promotions. E.O. 88 & 89 which allocated • Exceptions:
breakages therein specified. These two should be construed o If the legislature clearly intended the general
in pari materia, thus all breakages derived from all races enactment to cover the whole subject and to repeal
should be distributed and allocated in accordance with all prior laws inconsistent therewith
Executive Orders because no law should be viewed in o When the principle is that the special law merely
isolation. (supplementary) establishes a general rule while the general law
creates a specific and special rule
General and special statutes
• General statutes- applies to all of the people of the state or to Reference statutes
a particular class of persons in the state with equal force.
a statute which refers • to other statutes and makes them
o Universal in application applicable to the subject of legislation
• Special statutes- relates to particular persons or things ofused a to avoid encumbering
• the statute books of unnecessary
class or to particular portion or section of the state only repetition
• Considered as statutes in pari materia thus they should should
be be construed• to harmonize and give effect to the
read together and harmonized (and given effect) adopted statute.
• What if there are two acts which contain one general and one
special? Supplemental statutes
o If it produces conflict, the special shall prevail Intended to• supply deficiencies in existing statutes
since the legislative intent is more clear thus it
Supplemental statutes• should be read with the original statute
must be taken as intended to constitute an and construed together
exception.
o Think of it as one general law of the land while the Reenacted statutes
other applies only to a particular case statute which•reenacts a previous statute or provision.
• What if the special law is passed before the general law?Reproducing
It an earlier
• statute with the same or substantially
doesn’t matter because the special law will still be the sam e words.
considered as an exception unless expressly repealed.
Montelibano v. Ferrer
Solid Homes Inc. v. Payawal
Issue: application of• Sec. 3 fo the City Charter of Manila is
• First statute provides that National Housing Authority shallvalid in the criminal complaint directly file by an offended
have exclusive jurisdiction to hear and decide cases party in the city court of Bacolod?
Magtajas
• v.regulate
involving
Second
cases.
Issue:
Held:
as
exception
Facts:
Pryce
compared
The
Which
P.D.
Properties
statute
allunsound
tofirst
No.
games
the
to
one1869
the
statute
grants
“general
will
of
Corp
real
latter
authorized
chance.
prevail?
will
estate
RTCjurisdiction”
which
prevail
(P.D.
general
PAGCOR
is because
general
No.of
jurisdiction
959).
the
to
law,
it RTC
centralize
is athus
special
over
it RULE:
is
terminology
same
Held:
and
an
law,
The
such
directly
provisions
subject
The
two by
court
should
statutes
the
are
Adoption
ofruled
offended
the
identically
each
• with
City
that
of
city
receive
interpretation
in
Charter
aparty
contemporaneous
the
parallel
court
its
worded,
the
iscriminal
own
ofto
invalid
same
Manila
dismiss
scope,
hence
field,
construction.
and
complaint
Bacolod
construction
it.purpose
have
itthey
ordered
ashould
onfiled
like
and
the
 • in construing the reenacted statute, the court should take into Legitimate exercise
Forbidden
of judicial
by the tripartite
account prior contemporaneous construction and give due power division of powers among the 3
weight and respect to it. departments of government
A statute may not be• liberally construed to read into it
Qualification of the rule something which its clear and plain language rejects
• rule that is aforementioned is applicable only when the
statute is capable of the construction given to it and when Construction to promote social justice
that construction has become a settled rule of conduct Social justice must be • taken into account in the interpretation
and application of laws
Adopted statutes Social justice mandate • is addressed or meant for the three
• a statute patterned after a statute of a foreign country. departments: the legislative, executive, and the judicial
• Court should take into consideration how the courts of otherSocial justice (included
• in the Constitution) was meant to be
country construe the law and its practices a vital, articulate, compelling principle of public policy
It should be observed • in the interpretation not only of future
legislations, but also of laws already existing on November
CHAPTER SEVEN: Strict or Liberal Construction 15, 1935.
It was intended to change
• the spirit of our laws, present and
IN GENERAL future.

Generally Construction taking into consideration general welfare or growth

• Whether a statute is to be given a strict or liberal civilization
construction will depend upon the following: • Construe to attain the general welfare
The nature of the statute
• Salus populithe voice
est of
suprema
the people
lex –is the
The purpose to be subserved
supreme law
The mischief to be remedied
• Purpose: to give the statute the interpretation that will best Statuta pro•publico commodo late interpretantur statutes–
accomplish the end desired and effectuate legislative intent enacted for the public good are to be construed liberally
The reason of the law • is the life of the law; the reason lies in
Strict construction, generally the soil of the common welfare
• Construction according to the letter of the statute, which The judge must go out
• in the open spaces of actuality and dig
recognizes nothing that is not expressed, takes the languagedown deep into his common soil, if not, he becomes
used in its exact meaning, and admits no equitable subservient to formalism
consideration Construe in the light• of the growth of civilization and
• Not to mean that statutes are construed in its narrowest varying conditions
meaning o The interpretation that “if the man is too long for
• It simply means that the scope of the statute shall not be the bed, his head should be chopped off rather than
extended or enlarged by implication, intendment, or enlarge the old bed or purchase a new one” should
equitable consideration beyond the literal meaning of its NOT be given to statutes
terms
• It is a close and conservative adherence to the literal or STATUTES STRICTLY CONSTRUED
textual interpretation
• The antithesis of liberal construction Penal statutes, generally
Penal statutes are those • that define crimes, treat of their
Liberal construction, defined nature and provide for their punishment
• Equitable construction as will enlarge the letter of a statute to o Acts of legislature which prohibit certain acts and
accomplish its intended purpose, carry out its intent, or establish penalties for their violation
promote justice Those which impose • punishment for an offense committed
• Not to mean enlargement of a provision which is clear, against the state, and which the chief executive has the
unambiguous and free from doubt power to pardon
• It simply means that the words should receive a fair Aand statute which decrees• the forfeiture in favor of the state of
unexplained
reasonable interpretation, so as to attain the intent, spirit and wealth acquired by a public official while in
purpose of the law office is criminal in nature

Liberal construction applied, generally

••Liberal
Where awould Penal statutes, strictly construed
Equitable
enlarge
accomplish
purpose,
promote the
justice
carry
words
meaning
Ut
sought
every
construction
letter
its astatute
Construction
res
outword
magis
used
intended
which
of
its intent,
statute
may
valeat
as
gives
be istoeffect
Judicial
will
be
or ambiguous,
quam
torejected
defeat
Interpretation
Act
upon
believes
embraced
pereat
tothe
ifthe
of theought
apurpose
the
–law
whole
the literal
therein
result
something
that
court
of inmeaning
ofconstruction
the
of
to
the adopting
law
have
statute of
engrafting
whichbeen
it tothebe statutes
–isPenal
said
its ooNo
Penal
Noact
person
are
intendment,
Peo
statutes
should
strictly
liberally
v.• should
Atop
be
cannot
isconstrued
not
pronounces
construed
implication,
be clearly
brought
be enlarged
consideration
clearly
against
in
made
criminal
within
favor
ormade
so
or
the
any
of
its
bywhich
extended
the
so
terms
the
State
equitable
accused
statute
isifand
not
by
he
 • Sec. 11 of RA 7659, which amended Art. 335 of the RPC,
provides that the death penalty for rape may be imposed if Suy v. People
the “offender is a parent, ascendant, step-parent, guardian, Where a statute • penalizes a store owner who sells
relative by consanguinity or affinity within the 3 r d civil commodities beyond the retail ceiling price fixed by law, the
degree, or the common-law spouse of the parent ofambiguity the in the EO classifying the same commodity into 2
victim” classes and fixing different ceiling prices for each class,
should be resolved in favor of the accused
• Is the common-law husband of the girl’s grandmother
included?
Peo v. Terreda
• No! Courts must not bring cases within the provisions of the
Shorter prescriptive• period is more favorable to the accused
law which are not clearly embraced by it.
o No act can be pronounced criminal which is not
Peo v. Manantan
clearly within the terms of a statute can be brought
The rule that penal•statutes are given a strict construction is
within them.
o Any reasonable doubt must be resolved in favor ofnot the only factor controlling the interpretation of such laws
the accused Instead, the rule merely
• serves as an additional single factor
to be considered as an aid in detrmining the meaning of
penal laws
• Strict construction but not as to nullify or destroy the
obvious purpose of the legislature
Peo v. Purisima
o If penal statute is vague, it must be construed with
The language of the• a statute which penalizes the mere
such strictness as to carefully SAFEGUARD the
carrying outside of residence of bladed weapons, i.e., a knife
RIGHTS of the defendant and at the same time
or bolo, not in connection with one’s work or occupation,
preserve the obvious intention of the legislature
with a very heavy penalty ranging from 5-10 years of
o Courts must endeavor to effect substantial justice
imprisonment, has been narrowed and strictly construed as to
include, as an additional element of the crime, the carrying of
Centeno v. Villalon-Pornillos the weapon in furtherance of rebellion, insurrection or
• PD 1564, which punishes a person who solicits or receivessubversion, such being the evil sought to be remedied or
contribution for “charitable or public welfare purposes” prevented by the statute as disclosed in its preamble
without any permit first secured from the Department of
Social Services, DID NOT include “religious purposes”” in Azarcon v. Sandiganbayan
the acts punishable, the law CANNOT be construed to
Issue: whether a private
• person can be considered a public
punish the solicitation of contributions for religiousofficer by reason if his being designated by the BIR as a
purposes, such as repair or renovation of the church
depository of distrained property, so as to m ake the
conversion thereof the crime of malversation
Reason why penal statutes are strictly construedg
Held: NO! the BIR’s • power authorizing a private individual
• The law is tender in favor of the rights of the individual;
to act as a depository cannot include the power to appoint
• The object is to establish a certain rule by conformity to him as public officer
which m ankind would be safe, and the discretion of the court A private individual• who has in his charge any of the public
limited
funds or property enumerated in Art 222 RPC and commits
• Purpose of strict construction is NOT to enable a guilty any of the acts defined in any of the provisions of Chapter 4,
person to escape punishment through technicality but Titleto 7 of the RPC, should likewise be penalized with the
provide a precise definition of forbidden acts same penalty meted to erring public officers. Nowhere in
this provision is it expressed or implied that a private
Acts mala in se mala prohibita individual falling under said Art 222 is to be deemed a public
•and General rule: to constitute a crime, evil intent must combine officer
with an act
• Actus non facit reum nisi mens sit rea – the act itself does not Limitation of rule
make a man guilty unless his intention were so Limitation #1 – Where • a penal statute is capable of 2
• Actus me invite factus non est meus actus – an act done by interpretations, one which will operate to exempt an accused
from liability for violation thereof and another which will
me against my will is not my act
give effect to the manifest intent of the statute and promote
its object, the latter interpretation should be adopted
Mala in se Mala prohibita
Criminal intent, apart from the The only inquiry is, has the law
US v. Go Chico
act itself is required been violated
A law punishes the •display of flags “used during” the
RPC Special penal laws
Application
Peo v.• Yadao
However,
voluntarily,
good
A
connection
not
of
statute
penalize
rule
faithwhich
ifor
with
special
and
“one
badthe
penalizes
faith
who
knowingly”
penal
latter’s
is
OFFERS
essential
laws
aclaim
“person
intent
use
tobefore
for
such
assist”
assisting
veterans
must
words
conviction
beabenefit,
asclaimant”
proved; ininsurrection
“willfully,
exempt
does
where
Go
during
Limitation
replica
thus Chico
the
from
the
of is
said
law against
rebellion,
#2
liable
criminal
the
–flag
isstrict
flags the
ambiguous
though
because
• for US may
construction
“used
liability
to
statute
meaning
flags
said
so
during”
and not
displayed
construe
replica
atogether
of
there bewere
person so
insurrection
penal
is itis
not
whoconstrued
laws
isdoubt
the
to
just
appliestoas
displays
one
nullify
against
replica
as“used”
only
US
thetoa
its
of
Peo v. Gatchalian Reason: there is in such• a grant a gratuitous donation of
• A statute requires that an employer shall pay a minimum public money or property which results in an unfair
wage of not less than a specified amount and punishes any advantage to the grantee and for that reason, the grant should
person who willfully violates any of its provisions be narrowly restricted in favor of the public
• The fact that the nonpayment of the minimum wage is not
specifically declared unlawful, does not mean that an Statutory grounds for removal of officials
employer who pays his employees less than the prescribed Statutes relating to suspension
• or removal of public officials
minimum wage is not criminally liable, for the nonpayment are strictly construed
of minimum wage is the very act sought to be enjoined by Reason: the remedy•of removal is a drastic one and penal in
the law nature. Injustice and harm to the public interest would likely
emerge should such laws be not strictly interpreted against
Statutes in derogation of rights the power of suspension or removal
• Rights are not absolute, and the state, in the exercise of
police power, may enact legislations curtailing or restricting Ochate v. Deling
their enjoyment Grounds for removal • – “neglect of duty, oppression,
• As these statutes are in derogation of common or general corruption or other forms of maladministration in office”
rights, they are generally strictly construed and rigidly o “in office” – a qualifier of all acts.
confined to cases clearly within their scope and purpose o Must be in relation to the official as an officer and
• Examples: not as a private person
o Statutes authorizing the expropriation of private
land or property Hebron v Reyes
o Allowing the taking of deposition Procedure for removal • or suspension should be strictly
o Fixing the ceiling of the price of commodities construed
o Limiting the exercise of proprietary rights Statute:
by local elective
• officials are to be removed or
individual citizens suspended, after investigation, by the provincial board,
o Suspending the period of prescription of actions subject to appeal to the President
• When 2 reasonably possible constructions, one which wouldPresident has no authority
• on his own to conduct the
diminish or restrict fundamental right of the people and the investigation and to suspend such elective official
other if which would not do so, the latter construction must
be adopted so as to allow full enjoyment of such Naturalization laws
fundamental right Naturalization laws • are strictly construed against the
applicant and rigidly followed and enforced
Statutes authorizing expropriations Naturalization
• is statutory than a natural right
• Power of eminent domain is essentially legislative in nature Statutes imposing taxes and customs duties
• May be delegated to the President, LGUs, or public utility Tax statutes must • be construed strictly against the
company government and liberally in favor of the taxpayer
• Expropriation plus just compensation • Power to tax involves power to destroy
• A derogation of private rights, thus strict construction is Taxing act
• are not to be extended by implication
applied Tax statutes should be• clearly, expressly, and unambiguously
• Statutes expropriating or authorizing the expropriation of imposed
property are strictly construed against the expropriating Reason for strict construction:
• taxation is a destructive power
authority and liberally in favor of property owners which interferes with the personal property rights of the
people and takes from them a portion of their property for
the support of the government
Statutes granting privileges
• Statutes granting advantages to private persons or entities Statutes granting tax exemptions
have in many instances created special privileges Law or frowns against •exemption from taxation because taxes
monopolies for the grantees and have thus been viewed with are the lifeblood of the nation
suspicion and strictly construed • tax exemptions are thusstrictissimi
Laws granting construed
• Privilegia recipient largam interpretationem voluntati against the taxpayerjurisand liberally in favor of the taxing
consonam concedentis – privileges are to be interpreted in authority
accordance with the will of him who grants them Burden of proof – on • the taxpayer claiming to be exempted
• And he who fails to strictly comply with the will of the for strict construction
Basis • – to minimize the different
grantor loses such privileges treatment and foster impartiality, fairness, and equality of
Butuan
Legislative
• Sawmill,
Where
electric
operation
franchise
Grants
strictly,
favor
subdivisions
grantsof
Inc.
an
of
to
and
light
the
within
entity
local
power
v.within
doubts
concerned
Bayview
national
and
government
isthe
togranted
power,
ainlocal
period
the
Theater,
specified
government
interpretation
on
agovernment
resulted
units
legislative
condition
Incperiod,
and
in the
franchise
should
are
against
that
its
forfeiture
toitfailure
be
be
should
the
toresolved
construed
operate
political
oftoTax
start
Issue:
the
Held:
raw
start
which
in exemptions
materials
whether
proviso
are notshould
BIR
and
CIR
containers
raw
are
credited
not
claimed
v.materials;
• CA
not
betotax
treatment
presumed.
strictly
containers
and
against
favored
that
credit
hence,
packaging
there
construed
the
among
inthe
should
and
miller’s
law,
miller
taxpayers
packing
materials
tobe
nor
deficiency
apply
no
is entitled
tax
are
materials
can
only
credit
they
tax
be
to
 • Restriction in the proviso is limited only to sales, miller’s
The express exemption • should not be construed with the
excise taxes paid ‘on raw materials used in the milling same degree of strictness that applies to exemptions contrary
process’ to policy of the state, since as to such property exemption is
the rule and the taxation is the exemption
Benguet Corporation v. Cenrtral Board of Assessment Appeals E.g. tax exemption in
• favor of NAPOCOR – whether direct
• PD 1955 withdrew all tax exemptions, except those or indirect taxes, exempted
embodied in the Real Property Code, a law which grants
certain industries real estate tax exemptions under the Real Statutes concerning the sovereign
Estate Code Restrictive statutes •which impose burdens on the public
treasury or which diminish rights and interests are strictly
• Courts cannot expand exemptiom construed.
Unless so specified,• the government does not fall within the
terms of any legislation
Esso Standard Eastern, Inc. v Acting Commissioner of Customs
• Where a statute exempts from special import tax, Alliance of Government Workers v. Minister of Labor and Employment
equipment
“for use of industries,” the exemption does not extend to • – requires “employers”month
PD 851 to paypay
a 13
toth
those used in dispensing gasoline at retail in gasoline stations their employees xxx
“employers” does not• embrace the RP, the law not having
CIR v. Manila Jockey Club, Inc. expressly included it within its scope
• Statute: “racing club holding these races shall be exempt
from the payment of any municipal or national tax” Statutes authorizing suits against the government
• Cannot be construed to exempt the racing club from paying Art. XVI, Sec. 3, 1987
• Constitution – “The State may not be
income tax on rentals paid to it for use of the race tracks and sued without its consent”
other paraphernalia, for what the law exempts refers only to o General rule: sovereign is exempt from suit
those to be paid in connection with said races
Exception: in the form oof statute, state may give its
Lladoc v. CIR consent to be sued
• Statute: exemption from taxation charitable institutions, Statute is to be strictly construed and
churches, parsonages or covenants appurtenant thereto, waiver from immunity from suit will not
mosques, and non-profit cemeteries, and all lands buildings, be lightly inferred
and improvements actually, directly, and exclusively used • Nullumthere tempus
canoccurrit
be no legal
regiright
– as
for religious or charitable purposes against the authority that makes the law on which the right
• Exemption only refer to property taxes and not from all depends
kinds of taxes Reason for non-suability • – not to subject the state to
inconvenience and loss of governmental efficiency
La Carlota Sugar Central v. Jimenez
• Statute: tax provided shall not be collected on foreign Mobil Phil. Exploration, Inc. v. Customs Arrastre Services
exchange used for the payment of “fertilizers when imported The law authorizing• the Bureau of Customs to lease arrastre
by planters or farmers directly or through their cooperatives” operations, a proprietary function necessarily incident to its
• The importation of fertilizers by an entity which is neithergovernmental a function, may NOT be construed to mean that
planter nor a farmer nor a cooperative of planters or farmers the state has consented to be sued, when it undertakes to
is not exempt from payment of the tax, even though said conduct arrastre services itself, for damage to cargo
entity merely acted as agent of planter or farmer as a sort of
accommodation without making any profit from the State-immunity may• not be circumvented by directing the
transaction, for the law uses the word “directly” which action against the officer of the state instead of the state itself
means without anyone intervening in the importation and the o The state’s immunity may be validly invoked
phrase “through their cooperatives” as the only exemption against the action AS LONG AS IT CAN BE
SHOWN that the suit really affects the property,
CIR v. Phil. Acetylene Co. rights, or interests of the state and not merely those
• See page 305 of the officer nominally made party defendant
Even if the state consents,
• law should NOT be interpreted to
• Power of taxation if a high prerogative of sovereignty,authorize its garnishment of public funds to satisfy a judgment
relinquishment is never presumed and any reduction or against government property
diminution thereof with respect to its mode or its rate must o Reason:
be strictly construed Public policy forbids it
Phil. •Telegraph
Qualification
2Onfranchisee
The
gross
Strict
exemptions
Provisions
be
agencies
construed
of
“most
first
and
rule
receipts
construction
franchisee
Telephone
favored
granting
in
are
liberally
favor
nottreatment
is
exemptions
competitors
of
Corp.
does
in
will
the
favor
not
government
v.not
clause”
COA
enjoy
ofto
apply
non-tax
government
a reduced
itself
in liability
the
orrate
agencies
itscase
agencies
of tax
such
ofmay
ontax Statutes
Disbursement
to
diversion
Functions
legitimate
beprescribing
paralyzed
appropriation
covered
of
andofpublic
and
service
formalities
public
orby
specific
appropriated
funds
disrupted
as
cannot
a funds
required
corresponding
of objects,
the
from
bemust
allowed
will
by
bytheir
law
the
be
as
 • Strictly construed, which means, wills must be executed in good order xxx of the LGU and the inhabitants
accordance with the statutory requirements, otherwise, it is thereof, and for the protection of the property
entirely void therein
• The court is seeking to ascertain and apply the intent of the • Construed in favor of the LGUs
legislators and not that of the testator, and the latter’s To give more powers • to local governments in promoting the
intention is frequently defeated by the non-observance economic
of condition, social welfare, and material progress of
what the statute requires the people in the community
Construed with proprietary
• aspects, otherwise would cripple
Exceptions and provisos LGUs
• Should be strictly but reasonably construed Must be elastic and• responsive to various social conditions
• All doubts should be resolved in favor of the general Must follow legal • progress of a democratic way of life
provision rather than the exceptions
o However, always look at the intent of legislators if Grant of power to local governments
it will accord reason and justice not to apply the
Old rule: municipal• corporations, being mere creatures of
rule that “an express exception excludes all others”
law, have only such powers as are expressly granted to them
• The rule on execution pending appeal must be strictly and those which are necessarily implied or incidental to the
construed being an exception to the general rule exercise thereof
• Situations which allows exceptions to the requirement of New• rule: RA 2264 “Local Autonomy Act”
warrant of arrest or search warrant must be strictly o Sec 12 – “implied power of a province, a city, or a
construed; to do so would infringe upon personal liberty and municipality shall be liberally construed in its
set back a basic right favor. Any fair and reasonable doubt as to the
• A preference is an exception to the general rule existence of the power should be interpreted in
• A proviso should be interpreted strictly with the legislative favor of the local government and it shall be
intent presumed to exist”
o Should be strictly construed
o Only those expressly exempted by the provisoStatutes granting taxing power (on municipal corporations)
should be freed from the operation of the statuteBefore 1973 Constitution
• – inferences, implications, and
deductions have no place in the interpretation of the taxing
STATUTES LIBERALLY CONSTRUED power of a municipal corporation
New Constitution –•Art. X, Sec 5 1987 Constitution – “each
General social legislation local government unit shall have the power to create its own
• General welfare legislations sources of revenue and to levy taxes, fees, and charges
o To implement the social justice and protection-to- subject to such guidelines and limitations as the Congress
labor provisions of the Constitution may provide, consistent with the basic policy of local
o Construed liberally autonomy”
o Resolve any doubt in favor of the persons whom o Statutes prescribing limitations on the taxing
the law intended to benefit power of LGUs must be strictly construed against
o Includes the following – labor laws, tenancy laws, the national government and liberally in favor of
land reform laws, and social security laws the LGUs, and any doubt as to the existence of the
taxing power will be resolved in favor of the local
Tamayo v. Manila Hotel government
• Law grants employees the benefits of holiday pay except
Statutes prescribing prescriptive period to collect taxes
those therein enumerated
• Statcon – all employees, whether monthly paid or not, who Beneficial
• for both government and taxpayer
are not among those excepted are entitled to the holiday pay o To the government – tax officers are obliged to act
promptly in the making of the assessments
o To the taxpayer – would have a feeling of security
• Labor laws construed – the workingman’s welfare should be
the primordial and paramount consideration against unscrupulous tax agents who will always
o Article 4 New Labor Code – “all doubts in the find an excuse to inspect the books of taxpayers
Laws
implementation and interpretation of the provisions on prescription• – remedial measure – interpreted
of the Labor Code including its implementing rules liberally affording protection to the taxpayers
and regulations shall be resolved in favor of labor”
• Liberal construction applies only if statute is vague,
otherwise, apply the law as it is stated
Statutes imposing penalties for nonpayment of tax
General
• welfare
2 branches
oclause
Onepromote
Other
authority
regulations
and
upon
specific
such
proper
branch
branch
discharge
local
ordinances
functions
to
attaches
the–legislative
as
is
provide
prosperity,
relates
may
much
the
toenumerated
as
be
the
powers
for
more
bodies
necessary
toshall
main
improve
such
theindependent
by
trunk
and
seem
by
health
law
ordinances
to
the
law
duties
of
carry
morals,
necessary
m
– and
authorizes
unicipal
into
ofconferred
peace,
Purpose
safety,
liberally
the
and
effect
liberal
Election
intention
and construction
–construed
laws
toto hasten
should
electorate
effectuate
Election
in
would
•tax
be favor
reasonably
laws
payments
inachieve
construed
neglect
nugatory
and
the
render
of
choice
safeguard
of
their
government
penalties
or
and
against
duty
ofto
purpose
liberally
their
punish
inthe
the
respect
for
representatives
taxpayer
will
and
construed
evasions
delinquents
thereto
of
strictly
the
or
to
 • 3 parts Notice need not• be actual for prescription to run;
o Provisions for the conduct of elections which constructive notice is enough
election officials are required to follow More favorable to •the accused if prescriptive period is
o Provisions which candidates for office are required counted from the time of registration
to perform
o Procedural rules which are designed to ascertain, Adoption statutes
in case of dispute, the actual winner inAdoption the statutes are• liberally construed in favor of the child
elections to be adopted
Paramount consideration
• – child and not the adopters
Different rules and canons or statutory construction govern such
provisions of the election law Veteran and pension laws
Veteran and pension• laws are enacted to compensate a class
• Part 1: of men who suffered in the service for the hardships they
o Rules and regulations for the conduct of elections endured and the dangers they encountered in line of duty
Before election – mandatory (part 1) o Expression of gratitude to and recognition of those
After election – directory (part 3) who rendered service to the country by extending
o Generally – the provisions of a statute as to the to them regular monetary benefit
manner of conducting the details of an election are Veteran and pension • laws are liberally construed in favor of
NOT mandatory; and irregularities in conducting grantee
an election and counting the votes, not preceding
from any wrongful intent and which deprives no
legal voter of his votes, will not vitiate an election Del Mar v. Phil. Veterans Admin
or justify the rejection of the entire votes Where
of a a statute grants • pension benefits to war veterans,
precinct except those who are actually receiving a similar pension
Against disenfranchisement from other government funds
Remedy against election official who did Statcon – “government• funds” refer to funds of the same
government
not do his duty – criminal action against and does not preclude war veterans receiving
them similar pensions from the US Government from enjoying the
• Part 2: benefits therein provided
o Provisions which candidates for office are required
to perform are mandatory
o Non-compliance is fatal Board of Administrators Veterans Admin v. Bautista
Veteran pension law• is silent as to the effectivity of pension
• Part 3:
awards, it shall be construed to take effect from the date it
o Procedural rules which are designed to ascertain,
becomes due and NOT from the date the application for
in case of dispute, the actual winner in the
pension is approved, so as to grant the pensioner more
elections are liberally construed
benefits and to discourage inaction on the part of the officials
o Technical and procedural barriers should not be
who administer the laws
allowed to stand if they constitute an obstacle in
the choice of their elective officials
Chavez v. Mathay
• For where a candidate has received popular mandate,
While veteran or pension
• laws are to be construed liberally,
overwhelmingly and clearly expressed, all possible doubts they should be so construed as to prevent a person from
should be resolved in favor of the candidates eligibility, for receiving double pension or compensation, unless the law
to rule otherwise is to defeat the will of the electorate
provides otherwise
Amnesty proclamations Santiago v. COA
• Amnesty proclamations should be liberally construed as to
Explained• liberal construction or retirement laws
carry out their purpose
Intention is to provide
• for sustenance, and hopefully even
• Purpose – to encourage to return to the fold of the law of
comfort when he no longer has the stamina to continue
those who have veered from the law
earning his livelihood
• E.g. in case of doubt as to whether certain persons come
He deserves the appreciation
• of a grateful government at best
within the amnesty proclamation, the doubt shouldconcretely be expressed in a generous retirement gratuity
resolved in their favor and against the state commensurate with the value and length of his service
• Same rule applies to pardon since pardon and amnesty is
synonymous Ortiz v. COMELEC
Statutes
Peo v.• Reyes
prescribing
Liberally
Reason
Same
Art.
from
authorities,
When
or
Held:
registration
91From
as
does
the
RPC
–amnesty
construed
prescriptions
time
day
xxx”
the
the
– in
“period
wears
period
time
the
the
and
in
crime
Register
of
off
pardon
of
favor
of
of
registration
proof
prescription
prescription
crimes
is
ofofand
the
discovered
Deeds?
accused
innocence
start
shall–commence
day
by of
thediscovery
offended,
have
manifestation
toCourtesy
gratuity
run
Issue:
the
his
benefits
completed
courtesy
service
whether
the
and
under
resignation
President
after
of
resignation
thereafter
ahis
the
having
submission
commissioner
term
law
•following
–completed
lifetime
which
submitted
Held:
Liberal
authority
not
andtoEDSA
his
grants
Yes!
of
entitled
the
construction
pension,
COMELEC
in
his
and
own
Entitled
response
will
Revolution
him
term
appointing
to
will
who
5-year
of
of
full
tooffice,”
to
the
but
gratuity
“retires
isisthe
deemed
retirement
lump-sum
power
accepted
political
a call
when
mere
fromof
to
In Re Application for Gratuity Benefits of Associate Justice Efren I
Literal stricture have • been relaxed in favor of liberal
Plana construction
• Issue: whether Justice Plana is entitled to gratuity and o Where a rigid application will result in manifest
retirement pay when, at the time of his courtesy resignation failure or miscarriage of justice
was accepted following EDSA Revolution and establishment o Where the interest of substantial justice will be
of a revolutionary government under the Freedom served
Constitution, he lacked a few months to meet the age o Where the resolution of the emotion is addressed
requirement for retirement under the law but had solely to the sound and judicious discretion of the
accumulated a number of leave of credits which, if added to court
his age at the time, would exceed the age requirement o Where the injustice to the adverse party is not
• Held: yes, entitled to gratuity! Liberal construction applied commensurate with the degree of his
thoughtlessness in not complying with the
In Re Pineda prescribed procedure
• Explained doctrine laid down in the previous case Liberal construction •of RC does not mean they may be
• The crediting of accumulated leaves to make up for lackignored;
of they are required to be followed except only for the
required age or length of service is not done discriminately most persuasive reasons
• xxx only if satisfied that the career of the retiree was m arked
by competence, integrity, and dedication to the public service Other statutes
In Re Martin Curative statutes – to• cure defects in prior law or to validate
• Issue: whether a justice of the SC, who availed oflegal the proceedings which would otherwise be void for want of
disability retirement benefits pursuant to the provision that conformity with certain legal requirements; retroactive
“if the reason for the retirement be any permanent disabilityRedemption laws –• remedial in nature – construed liberally
contracted during his incumbency in office and prior to the to carry out purpose, which is to enable the debtor to have
date of retirement he shall receive only a gratuity equivalent
his property applied to pay as many debtor’s liability as
to 10 years salary and allowances aforementioned with no possible
further annuity payable monthly during the rest of the
Statutes providing exemptions
• from execution are interpreted
retiree’s natural life” is entitled to a monthly lifetime pension
liberally in order to give effect to their beneficial and
after the 10-year period humane purpose
• Held: Yes! 10-year lump sum payment is intended to assistLaws on attachment • – liberally construed to promote their
the stricken retiree meeting his hospital and doctor’s bills objects and assist the parties obtaining speedy justice
and expenses for his support Warehouse receipts• – instrument of credit – liberally
• The retirement law aims to assist the retiree in his old age, construed in favor of a bona fide holders of such receipts
not to punish him for having survived • Probation laws – liberally construed
o Purpose: to give first-hand offenders a second
Cena v. CSC chance to maintain his place in society through the
• Issue: whether or not a government employee who has process of reformation
reached the compulsory retirement age of 65 years, but who Statute granting powers • to an agency created by the
has rendered less than 15 years of government service, may Constitution should be liberally construed for the
be allowed to continue in the service to complete the 15-year advancement of the purposes and objectives for which it was
service requirement to enable him to retire with benefits of created
an old-age pension under Sec 11(b) PD 1146
• However, CSC Memorandum Circular No 27 provides thatCHAPTER EIGHT: Mandatory and Directory Statutes
“any request for extension of compulsory retirees to
complete the 15-years service requirement for retirement IN GENERAL
shall be allowed only to permanent appointees in the career
service who are regular members of the GSIS and shall be Generally
granted for a period not exceeding 1 year Mandatory and •directory classification of statutes –
• Held: CSC Memorandum Circular No 27 unconstitutional! It
importance: what effect should be given to the mandate of a
is an administrative regulation which should be in harmony statute
with the law; liberal construction of retirement benefits
Mandatory and directory statutes, generally
Rules of Court Mandatory statute • – commands either positively that
• RC are procedural – to be construed liberally something be done in a particular way, or negatively that
• Purpose of RC – the proper and just determination of a
something be not done; it requires OBEDIENCE, otherwise
litigation void
Case •v. Jugo
Procedural
adopted
RC
the
Lapses
be
they
when
not overlooked
realization
expense
deprived
should
arose
they
innot
the
have
not
from
laws
of
asthe
literal
of
when
technicalities
ends
becourt
an
not
are
the
interpreted
in
honest
prejudiced
observance
they
administration
no
of
themselves
other
its
domistake
authority
not
to than
the
sacrifice
of
involve
but
aadverse
of
or
technicalities,
rule
as
law
unforeseen
public
means
substantial
ofand
party
procedure
justice
policy;
conducive
and
accident;
they
rights
have
when
accomplished
awill
substantially
No
are
merely
Directory
at
injury
to
person;
absolute
can
outlines
non-performance
statute
result
test
the
inWhen
to
same
the
afrom
–determine
manner
permissive
•act
statute
result
ignoring
vitiate
to
mandatory
Final
be
other
is
obtained;
of
whether
mandatory
arbiter
or
the
done
what
it discretionary
or
than
proceedings
in
that
a–itconfer
statute
legislative
that
such
prescribes
its
or directory
purpose
prescribed
adirection
isin
therein
way
directory
nature
intent
will
that
can
taken
upon
and
not
no
be
or
 • Legislative intent does not depend on the form of the statute; The import of the • word ultimately depends upon a
must be given to the entire statute, its object, purpose, consideration of the entire provision, its nature, object and
legislative history, and to other related statutes the consequences that would follow from construing it one
• Mandatory in form but directory in nature – possible way or the other
• Whether a statute is mandatory or directory depends on
whether the thing directed to be done is of the essence of theLoyola Grand Villa Homeowners (South) Assn., Inc. v. CA
thing required, or is a mere matter of form, what is a matter • “must” construed as directory
of essence can often be determined only by judicial Corporation Code •Sec 46 reads “ every corporation formed
construction under this Code MUST within one m onth after receipt of
o Considered directory – compliance is a matter of official notice of the issuance of its certification of
convenience; where the directions of a statuteincorporation
are with the SEC, adopt a code of by-laws for its
given merely with a view to the proper, orderly government not inconsistent with this Code”
and prompt conduct of business; no substantial • PD 902-A which withisthe
inpari
Corporation
material
rights depend on it Code states that the non-filing of the by-laws does not imply
o Considered mandatory – a provision relating to thethe “demise” of the corporation; that there should be a notice
essence of the thing to be done, that is, to matters
and hearing before the certificate of registration may be
of substance; interpretation shows that the cancelled by the failure to file the by-laws
legislature intended a com pliance with such
provision to be essential to the validity of the act
Oneor test whether mandatory
• or directory compliance must be
proceeding, or when some antecedent andmade – whether non-compliance with what is required will
prerequisite conditions must exist prior to result the in the nullity of the act; if it results in the nullity, it is
exercise of the power, or must be performed before mandatory
certain other powers can be exercised
Director of Land v. CA
Test to determine nature of statute
Law requires in petitions
• for land registration that “upon
• Test is to ascertain the consequences that will follow in case receipt of the order of the court setting the time for initial
what the statute requires is not done or what it forbids hearing is to be published in the OG and once in a newspaper
performed of general circulation in the Philippines”
• Does the law give a person no alternative choice? – if yes,Law expressly requires • that the initial hearing be published
then it is mandatory in the OG AND in the newspaper of general circulation –
• Depends on the effects of compliance reason: OG is not as widely read of the newspaper of general
o If substantial rights depend on it and injury can circulation
result from ignoring it; intended for the protection • “shall” is imperative/ mandatory
of the citizens and by a disregard of which theirWithout initial hearing• being published in a newspaper of
rights are injuriously affected – mandatory general circulation is a nullity
o Purpose is accomplished in a manner other than
that prescribed and substantially the same results Use of “may”
obtained - directory An auxiliary• verb showing opportunity or possibility
• Statutes couched in mandatory form but compliance is • Generally, directory in nature
merely directory in nature
Used in procedural
• or adjective laws; liberally construed
o If strict compliance will cause hardship or injustice
Example: Sec 63 of the • corporation Code – “shares of stock
on the part of the public who is not at fault
so issued are personal property and MAY be transferred by
o If it will lead to absurd, impossible, or mischievous
delivery of the certificate or certificated endorsed by the
consequences owner
If an officer is required to do a positive o “may” is merely directory and that the transfer of
act but fails because such actions will the shares may be effected in a manner different
lead to the aforementioned, he will only from that provided for in law
be subject to administrative sanction for
his failure to do what the law requires When “shall” is construed as “may” and vice versa
• Rule: “may” should be read “shall”
o where such construction is necessary to give effect
to the apparent intention of the legislature
Language used
o where a statute provides for the doing os some act
• Generally mandatory – command words
which is required by justice r public duty
o Shall or Shall not
Use of
• “shall”
Generally
Generally,
If
something
which
aorodifferent
will
“must”
Must
Ought
Should
Can
May directory
“shall”
in
justify
or
or
or
the
or
Cannot
or
May
Must
interpretation
Ought
character
Should
aand
different
–not
not
permissive
“must”
not
notofmeaning
the
isis mandatory
legislation
words
sought, itin
ormust
nature
in therest
context
upon
owned o
Sec. 2oor where
oWhen
RA
When
and it
controlled
304 vests
authority
Diokno
for
no
soreads
the
public aRule:
•required
by
that
v.
publicitpublic
“banks
to
the body
Rehabilitiation
benefit
take
Government
beinterest
by
or
“shall”
given
such
other or
intention
the officer
or action
an
or
private
should
context
financial
rights
Finance with
imperative
SHALL,
ofwhich
be
the
right
of read
or
Corp power
institutions
individuals
legislature
subject
concerns
meaning
requires
by
“may”
the
to
 availability of funds xxx accept at a discount at not more
Held as absolutely • indispensable to the prevention of
than 20% for 10 years of such backpay certificate” needless delays and to the orderly and speedy discharge or
• “Shall” implies discretion because of the phrase “subject tobusiness, and are necessary incident to the proper, efficient,
availability of funds” and orderly discharge of judicial functions
• Strict not substantial compliance
Govermnent v. El Hogar Filipino Not waivable, nor can
• they be the subject of agreements or
• Corporation Codes reads “SHALL, upon such violation stipulation of litigants
being proved, be dissolved by quo warranto proceedings”
• “Shall” construed as “may” Reyes v. COA
Sec. 187 RA 7160 •– process of appeal of dissatisfied
Berces, Sr. v. Guingona taxpayer on the legality of tax ordinance
• Sec. 68 Ra 7160 (LGC) provides that an appeal from an o Appeal to the Sec of Justice within 30 days of
adverse decision against a local elective official to the effectivity of the tax ordinance
President “SHALL not prevent a decision from becoming o If Sec of Justice decides the appeal, a period of 30
final and executor” days is allowed for an aggrieved party to go to
• “Shall” is not mandatory because there is room to construe court
said provision as giving discretion to the reviewing officials o If the Sec of Justice does not act thereon, after the
to stay the execution of the appealed decision lapse of 60 days, a party could already proceed to
seek relief in court
Use of negative, prohibitory or exclusive terms Purpose of mandatory • compliance: to prevent delays and
• enhance
A negative statute is mandatory; expressed in negative words the speedy and orderly discharge of judicial
or in a form of an affirmative proposition qualified by the functions
word “only”
• “only” exclusionary negation Unless the requirements • of law are complied with, the
• Prohibitive or negative words can rarely, if ever, be decision of the lower court will become final and preclude
discretionary the appellate court from acquiring jurisdiction to review it
• Interest reipiciae
public
ut interest
sit finis requires
litium –
that by the very nature of things there must be an end to a
legal controversy
MANDATORY STATUTES
Gachon v. Devera, Jr
Statutes conferring power
Issue: whether Sec 6• of the Rule on Summary Procedure,
• Generally regarded as mandatory although couched in a
which reads “ should the defendant fail to answer the
permissive form
complaint within the period above provided, the Court, motu
• Should construe as imposing absolute and positive duty
, or on motion proprio
of the plaintiff, SHALL render
rather than conferring privileges judgment as may be warranted by the facts alleged in the
• Power is given for the benefit of third persons, not forcomplaint
the and limited to what is prayed for therein,” is
public official mandatory or directory, such that an answer filed out of time
• Granted to meet the demands of rights, and to prevent a may be accepted
failure of justice • Held: mandatory
• Given as a remedy to those entitled to invoke its aid o Must file the answer within the reglementary
period
Statutes granting benefits o Reglementary period shall be ‘non-extendible’
• Considered mandatory o Otherwise, it would defeat the objective of
• Failure of the person to take the required steps or to meet the expediting the adjudication of suits
conditions will ordinarily preclude him from availing of the
statutory benefits Statutes prescribing procedural requirements
• Vigilantibus et non dormientibus jura subveniunt – the laws • Construed mandatory
aid the vigilant, not those who slumber on their rights Procedure relating to• jurisdictional, or of the essence of the
• Potior est in tempoe, potior est in jure – he who is firstproceedings, in or is prescribed for the protection or benefit of
time is preferred in right the party affected
Where failure • to comply with certain procedural
Statutes prescribing jurisdictional requirements requirements will have the effect of rendering the act done in
connection therewith void, the statute prescribing such
•• prescribing
Statutes Considered
Examples
Generally anmandatory
o Provision
Requirement
time
mandatory
written
CIR
failure
the action
to
within
in
take
to
claim
the
comply
of
for
action
the
publication
Tax
therefore
refund
prescribed
Code
with
or tosuch
to
of
appeal
shall
the
period
tax
requirement
effect
beispresented
isfiled
that
mandatory
before
is
inwith
fatal
court,
requirements
notice,
thereby
to
xxx,
the
and
to
Sec
beathe
17,
substituted
thecourt
extinguished,
Rule
legal
Although
islanguage
3MAY
De •–•order
regarded
representative
RC
xxx.
appointment
Mesa MAY
“after
If
isthe
v.used
legal
as
the
Mencias
was
acourt
opposing
mandatory
therein
party
of
representative
used,
the
ashall
legal
dies
deceased
provision
is party
permissive
order,
and
representative
even
the
tofails
to
is
upon
produce
though
claim
appear
mandatory
to
in appear
proper
nature
isxxx”
and
not
the
 • Procedural requirement goes to the very jurisdiction of the
court, for “unless and until a legal representative is for him is DIRECTORY STATUTES
duly named and within the jurisdiction of the trial court, no
adjudication in the cause could have been accorded any Statutes prescribing guidance for officers
validity or the binding effect upon any party, in Regulation designed• to secure order, system, and dispatch in
representation of the deceased, without trenching upon proceedings,
the and by a disregard of which the rights of parties
fundamental right to a day in court which is the very essence interested may not be injuriously affected – directory
of the constitutionally enshrined guarantee of due process o Exception – unless accompanied by negative
words importing that the acts required shall not be
Election laws on conduct of election done in any other manner or time than that
• Construed as mandatory designated
• Before election – mandatory
• After election – directory, in support of the result unless of a Statutes prescribing manner of judicial action
character to affect an obstruction to the free and intelligent • Construed directory
casting of the votes, or to the ascertainment of the result, or Procedure is secondary • in importance to substantive right
unless it is expressly declared by the statute that Generally, the non-compliance
• therewith is not necessary to the
particular act is essential to the validity of an election, or that validity of the proceedings
its omission shall render it void (whew, and haba!)
• When the voters have honestly cast their ballots, the Statutes
same requiring rendition of decision within prescribed period
should not be nullified simply because the officers appointed Sec 15(1) Art. VIII,• 1987 Constitution – the maximum
under the law to direct the elections and guard the purityperiodof within which a case or matter shall be decided or
the ballot have not done their duty resolved from the date of its submission shall be
• For where a candidate has received popular mandate, o 24 months – SC
overwhelmingly and clearly expressed, all possible doubts o 12 months – lower collegiate courts
should be resolved in favor of the candidates eligibility, for o 3 months – all other lower courts
to rule otherwise is to defeat the will of the electorate • Sec 7 Art. IX-A, 1987 Constitution –
o 60 days from the date of its submission for
Delos Reyes v. Rodriguez resolution – for all Constitutional Commissions
• The circumstance that the coupon bearing the number Before of the the Constitution • took effect - Statutes requiring
ballot is not detached at the time the ballot is voted, as rendition of decision within prescribed period – Directory
required by law, does not justify the court in rejecting the o Except
ballot
intention to the contrary is manifest
Election laws on qualification and disqualification time is of the essence of the thing to be
done
• The rule of “before-mandatory and after-directory” in
language of the statute contains negative
election laws only applies to procedural statutes;
words
• Not applicable to provisions of the election laws prescribing
the time limit to file certificate of candidacy and the designation of the time was intended as a
qualifications and disqualifications of elective office – limitation of power, authority or right
considered mandatory even after election always look at intent
• to ascertain whether to give the statute
a mandatory or directory construction
Statutes prescribing qualifications for office o basis: EXPEDIENCY – less injury results to the
• Eligibility to a public office is of a continuing nature and general public by disregarding than enforcing the
must exist at the commencement of the term and during the little of the law and that judges would otherwise
occupancy of the office abstain from rendering decisions after the period to
render them had lapsed because they lacked
• Statutes prescribing the eligibility or qualifications of
persons to a public office are regarded as mandatory jurisdiction tot do so
• Example in the book – lawyer-judge; judge-disbarment as
Querubin v. CA
lawyer
Statutes relating to assessment of taxes Statute: appeals in election
• cases “shall be decided within 3
months after the filing of the case in the office of the clerk of
• Intended for the security of the citizens, or to insure the
court”
equality of taxation, or for certainty as to the nature and
Issue: whether or not • C A has jurisdiction in deciding the
amount of each other’s tax – MANDATORY
o E.g. Statutes requiring the assessor to notify theelection case although the required period to resolve it has
expired
taxpayer of the assessment of his property within a
Statutes
• concerning
Those designed
officers
proceedings
Construed
Procedural
Otherwise,or
public
prescribed
mandatory
steps
void
-toDIRECTORY
secure
auction
must
merely
period
be
methodical
sale
strictly
for the followed
information
and systematic
or direction
modes Held: yes,
miscarriage
upon
theof
ofofactors
purposeotherwise
Failure
deprive
period
of
their
beyond
of
of •
justice;
them is
merely
salaries
judge
due to
Constitutional defeat
theofprocess;
speedy
control
deprives
or
denial
the
to totake
timethe administration
jurisdiction
apply
of
trial
him
dismissal
provision
justice
the
action
pending
for
would
ofparties;
their
leaves,
towithin
act
before of
directory
will
be
right
would
on
but
turnedjustice
constitute
the
to
them
the
does
collect
defeat
cases
said
into
not
Marcelino v. Cruz It is a settled rule in •statutory construction that statutes are to
• Sec 15(1) Art. VIII, 1987 Constitution – the maximum be construed as having only prospective operation, unless the
period within which a case or matter shall be decidedintendment or of the legislature is to give them a retroactive
resolved from the date of its submission shall be effect, expressly declare or necessarily implied from the
o 24 months – SC language used.
o 12 months – lower collegiate courts No court will hold a• statute to be retroactive when the
o 3 months – all other lower courts legislature has not said so.
• Sec 15(1) Art. VIII, 1987 Constitution – directory Art. 4 of the Civil•Code which provides that “Laws shall
• Reasons: have no retroactive effect, unless the contrary is provided.”
o Statutory provisions which may be thus departed • Lex the prospicit,
law looks
non respicit
forward,– not
from with im punity, without affecting the validity backward
of statutory proceedings, are usually those which • Lex de future, the judex
law provides
de praeterito
for the
–
relate to the mode or time of doing that which is
future, the judge for the past.
essential to effect the aim and purpose of the
legislature or some incident of the essential actIf–the law is silent as• to the date of its application and that it
thus directory is couched in the past tense does not necessarily imply that it
o Liberal construction – departure from strict should have retroactive effect.
compliance would result in less injury to the
general public than would its strict application Grego v. Comelec
o Courts are not divested of their jurisdiction for A statute despite the• generality of its language, must not be
so construed as to overreach acts, events, or matters which
failure to decide a case within the 90-day period
o Only for the guidance of the judges manning our transpired before its passage
courts Statute: Sec.40 of the
• LGC disqualifying those removed
o Failure to observe said rule constitutes a ground from office as a result of an administrative case from running
for local elective positions cannot be applied retroactively.
for administrative sanction against the defaulting
judge Held: It cannot disqualify
• a person who was administratively
removed from his position prior to the effectivity of said
A certification to this effect is required
Code from running for an elective position.
before judges are allowed to draw their
salaries Rationale: a law is a rule• established to guide actions with no
binding effect until it is enacted.
CHAPTER NINE: Prospective and Retroactive Statutes
•
Nova constitution futuris formam imponere debet non
IN GENERAL A new statute
praeteretis
should affect
– the future, not the
past.
Prospective and retroactive statutes, defined
• Prospective –
o operates upon facts or transactions that occur after
the statute takes effect
o looks and applies to the future. • Prospectivity applies to:
• Retroactive – o Statutes
o Law which creates a new obligation, imposes a o Administrative rulings and circulars
new duty or attaches a new disability in respect to o Judicial decisions
a transaction already past. The principle of •prospectivity of statutes, original or
o A statute is not made retroactive because it draws amendatory, has been applied in many cases. These include:
on antecedent facts for its operation, or part of the
requirements for its action and application is drawn Buyco v. PN B
from a time antedating its passage. Statute: RA 1576 which • divested the PNB of authority to
accept back pay certificates in payment of loans
Umali vs. Estanislao Held: does not apply • to an offer of payment made before
• A law may be made operative partly on facts that occurred effectivity of the act.
prior to the effectivity of such law without being retroactive.
• Statute: RA 7167- granting increased personal exemptions
from income tax to be available thenceforth, that is, after said Lagardo v. Masaganda
Act became effective and on or before the deadline for filing Held: RA 2613, as• amended by RA 3090 ON June 1991,
Castro
Laws income
•operate
v. Sagales
earned
the
A tax
retroactive returns,
prospectively,
law
o attaches
one
creates
or
took
acquired
or
received
which
effect. with
considerations
law
aanew
new
(in
generally
during
under
takes respect
aobligation
disability
legal
existing
the
away
already
sense) to
calendar
and
inor
laws compensation
respect
imposes
past
impairs
year
of aprior
vested income
transactions
new toduty
the granting
rights
date
of
could
Held:
Held:
the
before
not inferior
aCentral
Sec.
person courts
publication
be9 given
&Larga
Peo
Bank,
cannot
10 v.of jurisdiction
•retroactive
v.
Que
ofwhen
could
be
E.O.
Ranada
the
saving
convicted
Po90
Circular
the
have
Lay over
amending
Jr.
clause.
effect
alleged
noof
on guardianship
retroactive
in
violating
the
violation
Sec
the
Official
4absence
of cases,
application.
Circular
P.D.
occurred
Gazette.
1752
of20a
Baltazar v. CA o Statutes which create new rights
• Held: It denied retroactive application to PD 27 decreeing o Statute expressly provides that it shall apply
the emancipation of tenants from the bondage of the soil, & retroactively
PD 316, prohibiting ejectment of tenants from rice & corn o Where it uses words which clearly indicate its
farmholdings pending promulgation of rules & regulations intent
implementing PD 27 Problem in construction
• is when it is applied retroactively, to
avoid frontal clash with the Constitution and save the law
Nilo v CA from being declared unconstitutional.
• Held: removed ‘personal cultivation’ as the ground for
ejectment of a tenant can’t be given retroactive effect in STATUTES GIVEN PROSPECTIVE EFFECT
absence of statutory statement for retroactivity.
Penal statutes, generally
• Applied to administrative rulings & circulars: • Penal laws operate prospectively.
Art. 21 of the RPC• provides that “no felony shall be
ABS-CBN Broadcasting v. CTA punishable by any penalty not prescribed by law prior to its
• Held: a circular or ruling of the CIR cannot be given commission.
retroactive effect adversely to a taxpayer. Provision is recognition
• to the universally accepted principle
that no penal law can have a retroactive effect, no act or
Sanchez v. COMELEC omission shall be held to be a crime, nor its author punished,
• Held: the holding of recall proceedings had no retroactive except by virtue of a law in force at the time the act was
application committed.
Nullum crimen • sine poena, nulla poena sine there legis is
–
Romualdez v. CSC
no crim e without a penalty, there is no penalty without a law.
• Held: CSC Memorandum Circular No. 29 cannot be given
retrospective effect so as to entitle to permanent appointment
Ex post facto law
an employee whose temporary appointment had expired
before the Circular was issued. • Constitution providesexlawthat post
shall
nofacto
be
• Applied to judicial decisions for even though not laws, areenacted. It also prohibits the retroactive application of penal
evidence of what the laws mean and is the basis of Art.8 of laws which are in the nature
ex postoffacto
laws.
the C ivil Code wherein laws of the Constitution shall form • Ex post lawsfacto
are any of the following:
part of the legal system of the Philippines. o Law makes criminal an act done before the passage
of the law and which was innocent when done, and
Presumption against retroactivity punishes such act
• Presumption is that all laws operate prospectively, unless the o Law which aggravates a crime, makes it greater
contrary clearly appears or is clearly, plainly and than it was, when committed
unequivocally expressed or necessarily implied. o
Law which changes the &punishment inflicts a
• In case of doubt: resolved against the retroactive operation of
greater punishment than that annexed to the crime
laws
when committed
• If statute is susceptible of construction other than that of
o Law which alters the legal rules of evidence,
retroactivity or will render it unconstitutional- the statute will
authorizes conviction upon less or different
be given prospective effect and operation.
testimony than the law required at the time of the
• Presumption is strong against substantive laws affecting
commission of the offense
pending actions or proceedings. No substantive statute shall o Law which assumes to regulate civil rights and
be so construed retroactively as to affect pending litigations.
remedies only, but in effect imposes penalty or
deprivation of a right for something which when
Words or phrases indicating prospectivity
done was lawful
• Indicating prospective operation: o Law which deprives a person accused of a crime of
o A statute is to apply “hereafter” or “thereafter”
some lawful protection to which he has become
o “from and after the passing of this Act”
entitled, such as protection of a former conviction
o “shall have been made” or acquittal, or proclamation of amnesty.
o “from and after” a designated date
•clause Testisifviolated:
ex postDoes
facto the law sought
• “Shall” im plies that the law makes intend the enactment to to be applied retroactively take from an accused any right
be effective only in future. vital for protection of life and liberty?
• Statutes have no retroactive but prospective effect: Scope: •applies only to criminal or penal matters
••
Retroactive
The inor “It
retroactive
contract,
law,
not
Statutes
statutes, shall
oConstitution
the
Shall
Remedial
divest
by
deprive
nature take
generally
have
the
nature
statutes
take
rights
statute
of
or effect
issued
persons
which
effect
does upon
curative
which
which
exapost its
proclamation
are
of
on
not
have
do
property
facto
statutes
the approval”
retroactive:
prohibit
not
become
date
laws.
impair
without
or
thevested,
the
E.O.,
President
the
due
enactment
asor
obligation
provided
process
which
shallIt
Law:
gbecause
are
of
enerally,
ofin
does
of as NOT
of
it or
isthe
not
which
apply
Alvia
Bill
date ••v.
a penal
of
affect
of toattainder
the
Sandiganbayan
statute
laws
political
cognizable
of
or
effectivity
the
regulate
concerning
nor
accused.
privilege
dilutes
of
by
civil
the
this
or
civil
thedecree,
private
Sandiganbayan
right
ex
proceedings
post
of
any
is
rights
appeal
not
facto
case
law
an
or
 • Constitution provides that no bill of attainder shallalleging be that his continued imprisonment is illegal pursuant
enacted. to said statute & praying that he be forthwith released.
• Bill of attainder – legislative act which inflicts punishment
without judicial trial • Exceptions to the rule:
• Essence: substitution of a legislative for a judicial o When accused is habitual delinquent
determination of guilt o When statute provides that it shall not apply to
• Serves to implement the principle of separation of powers by existing actions or pending cases
confining the legislature to rule-making & thereby o Where accused disregards the later law & invokes
forestalling legislative usurpation of judicial functions. the prior statute under which he was prosecuted.
• History: Bill of Attainder was employed to suppress General rule: An amendatory
• statute rendering an illegal act
unpopular causes & political minorities, and this is the evilprior to its enactment no longer illegal is given retroactive
sought to be suppressed by the Constitution. effect does not apply when amendatory act specifically
• How to spot a Bill of Attainder: provides that it shall only apply prospectively.
o Singling out of a definite minority
o Imposition of a burden on it Statutes substantive in nature
o A legislative intent • Substantive law
o retroactive application to past conduct suffice to o creates, defines or regulates rights concerning life,
stigmatize liberty or property, or the powers of agencies or
instrumentalities for administration of public
• Bill of Attainder is objectionable because of its ex post facto affairs.
features. o that part of law which creates, defines & regulates
• Accordingly, if a statute is a Bill of Attainder, it is also an ex rights, or which regulates rights or duties which
post facto law. give rise to a cause of action
o that part of law which courts are established to
When penal laws applied retroactively administer
• Penal laws cannot be given retroactive effect, except when o when applied to criminal law: that which declares
they are favorable to the accused. which acts are crimes and prescribe the
• Art.22 of RPC “penal laws shall have a retroactive effect punishment for committing them
insofar as they favor the person guilty of a felony, who is not o Cannot be construed retroactively as it might affect
a habitual criminal, as this term is defined in Rule 5 Art 62 previous or past rights or obligations
of the Code , although at the time of the application of such • Substantive rights
laws a final sentence has been pronounced and the convict is o One which includes those rights which one enjoys
serving the same. under the legal system prior to the disturbance of
• This is not an ex post facto law. normal relations.
• Exception to the general rule that all laws operate • Cases with substantive statutes:
prospectively.
• Rule is founded on the principle that: the right of the state to Tolentino v. Azalte
punish and impose penalty is based on the principles of In the absence of a contrary
• intent, statutes which lays down
justice. certain requirements to be complied with be fore a case can
be brought to court.
• Favorabilia sunt amplianda, adiiosa restrigenda –
Conscience and good law justify this exception. Espiritu v. Cipriano
• Exception was inspired by sentiments of humanity Freezes and the amount •of monthly rentals for residential houses
accepted by science. during a fixed period
• 2 laws affecting the liability of accused:
o In force at the time of the commission of the crime Spouses Tirona v. Alejo
– during the pendency of the criminal action, a Law: Comprehensive • Land Reform Law granting
statute is passed complainants tenancy rights to fishponds and pursuant to
reducing the degree of penalty which they filed actions to assert rights which subsequently
eliminating the offense itself amended to exempt fishponds from coverage of statute
removing subsidiary imprisonment in Held: Amendatory law • is substantive in nature as it exempts
case of insolvency to pay the civil fishponds from its coverage.
liability
prescription of the offense • Test for procedural laws:
• v.sentence, • such statute will be applied o if rule really regulates procedure, the judicial
Director When
Director
othere
Enacted
ofaction
remedy
is
Prisons
already
during
is aor
to
final
after
file
judgment
retroactively
before
or
from
take
consideration.
the
petition
thetrial
such
appellate
such
the
& of
finality
accused
statute
judgment
and
thehabeas
court
the
criminal
ofisin
trial
judgment
serving
on should
corpus,
appeal
courto Ifbyitprocess
remedy
substantive
operates
Fabian
o Iffor
and
rule
• enforcing
v.
redress
as
creates
Desierto
Test
law
a ofor
means
&aIfrights
right
it
substantive
afor
takes
disregard
them
existing
such
of
and
justly
away
implementing
duties
asright
laws:
or
right
administering
ainfraction
vested
recognized
to appeal
right
an
of
 • Where to prosecute an appeal or transferring the venue Inchoate of rights which• have not been acted on are not vested
appeal is procedural
• Example:
o Decreeing that appeals from decisions of the
Ombudsman in administrative actions be made A statute
to may not be • construed and applied retroactively
the Court of Appeals under the following circumstances:
o Requiring that appeals from decisions of the o if it impairs substantive right that has become
NLRC be filed with the Court of Appeals vested;
• Generally, procedural rules are retroactive and are applicable o as disturbing or destroying existing right embodied
to actions pending and undermined at the time of the passage in a judgment;
of the procedural law, while substantive laws are prospective o creating new substantive right to fundamental
cause of action where none existed before and
Effects on pending actions making such right retroactive;
• Statutes affecting substantive rights may not be given o by arbitrarily creating a new right or liability
retroactive operation so as to govern pending proceedings. already extinguished by operation of law
Law creating a new •right in favor of a class of persons may
Iburan v. Labes not be so applied if the new right collides with or impairs
• Where court originally obtains and exercises jurisdiction, anya vested right acquired before the establishment of the new
right
later statute restricting such jurisdiction or transferring it to nor, by the terms of which is retroactive, be so applied
another tribunal will not affect pending action, unless statute if:
provides & unless prohibitory words are used. o it adversely affects vested rights
o unsettles matter already done as required by
Lagardo v. Masagana existing law
• Where court has no jurisdiction over a certain case but o works injustice to those affected thereby
nevertheless decides it, from which appeal is taken, a statute
enacted during the pendency of the appeal vesting Benguet C onsolidated Mining Co v. Pineda
Whileora person has no
jurisdiction upon such trial court over the subject matter • vested right in any rule of law
such case may not be given retroactive effect so as to entitling him to insist that it shall remain unchanged for his
validate the judgment of the court a quo , in the absencebenefit,
of a nor has he a vested right in the continued existence
saving clause. of a statute which precludes its change or repeal, nor in any
omission to legislate on a particular matter, a subsequent
Republic v. Prieto statute cannot be so applied retroactively as to impair his
• Where a complaint pending in court is defective because it right that accrued under the old law.
did not allege sufficient action, it may not be validated by a Statutes must • be so construed as to sustain its
subsequent law which affects substantive rights andconstitutionality,
not and prospective operation will be presumed
merely procedural matters. where a retroactive application will produce invalidity.

• Rule against the retroactive operation of statutes in general

applies more strongly with respect to substantive laws that
affect pending actions or proceedings. Peo v. Patalin
The abolition of the• death penalty and its subsequent re-
Qualification of rule imposition. Those accused of crimes prior to the re-
• A substantive law will be construed as applicable to pending imposition of the death penalty have acquired vested rights
actions if such is the clear intent of the law. under the law abolishing it.
• To promote social justice or in the exercise of police power, Courts have thus given
• statutes strict constriction to prevent
is intended to apply to pending actions their retroactive operation in order that the statutes would not
• As a rule, a case must be decided in the light of the law as impair
it or interfere with vested or existing rights. Accused-
appellant
exists at the time of the decision of the appellate court, where ‘s rights to be benefited by the abolition of the
death
the statute changing the law is intended to be retroactive and penalty accrued or attached by virtue of Article 22 of
to apply to pending litigations or is retroactive in effect the Revised Penal Code. This benefit cannot be taken away
• This rule is true though it may result in the reversal of a from them.
judgment which as correct at the time it was rendered by the
trial court. The rule is subject to the limitation concerning Statutes affecting obligations of contract
constitutional restrictions against impairment of vested rights Any contract entered
• into must be in accordance with, and
not repugnant to, the applicable law at the time of execution.
Statutes
• affecting
interest
is
Rights
prospective,
person
The
independent
A
in
laws
no
vested
mere
property
does
longer
right
or
vested
are
expectancy
inright
persons,
not
property
vested
founded
must
open
of
has
constitute
rights
ora contingency
interest
to
be
when
become
as
that
of
doubt
on
aabsolute,
future
present
anticipated
has
athe
may
vested
orbecome
the
right
controversy
benefit
be
interest
complete
property
said
right
continuance
tofixed
or
toenjoyment,
mean
a or
of
contingent
and
established
some
some
ofunconditional,
present
existing
right
particular
interest
tounless
and
the
Later
Any
the
or
Constitution
Laws
or
do
Such
ones
intention
law
so
statutes
the
existing
law
applicable
will
which
latter
forms
of
will
prohibits
impair
at
enlarges,
the
the
provide
not,
part
to• parties
without
time
such
the
however,
of,
theabridges,
effect.
obligations
itself
obligation
and
transactions
that
enactment
ofnecessarily
the
the
is be
they
read
parties
execution
or
given
of
in
into,
of
shall
and
contracts.
impairs
any
expressly
acontracts,
retroactive
the
law
not
have
manner
ofcontract
impairing
later
contracts
the
retroactive
saying
statutes,
changes
contract
for
effect
even
are
the
so.
if
 • A statute which authorizes any deviation from the terms law of to the case of defendant-appellant s as to deprive him of
the contract by postponing or accelerating the period agreed
the of fee would be arbitrary and unreasonable as
performance which it prescribes, imposing conditions destructive
not of the inviolability of contracts, and therefore
expressed in the contract, or dispensing with those which invalid
are as lacking in due process; to penalize him for
however minute or apparently immaterial in their effect upon collecting such fees, repugnant to our sense of justice.”
the contract, impairs the obligation, and such statute should
not therefore be applied retroactively. Repealing and amendatory acts
• As between two feasible interpretations of a statute, the courtStatutes which repeal • earlier or prior laws operate
should adopt that which will avoid the impairment ofprospectively,
the unless the legislative intent to give them
contract. retroactive effect clearly appears.
• If the contract is legal at it inception, it cannot be renderedAlthough a repealing • state is intended to be retroactive, it
illegal by a subsequent legislation. will not be so construed if it will impair vested rights or the
• A law by the terms of which a transaction or agreement obligations of contracts, or unsettle matters that had been
would be illegal cannot be given retroactive effect so as to legally done under the old law.
nullify such transactions or agreement executed before said Repealing statutes which
• are penal in nature are generally
law took effect. applied retroactively if favorable to the accused, unless the
contrary appears or the accused is otherwise not entitled to
U.S. Tobacco Corp. v. Lina the benefits of the repealing act.
• The importation of certain goods without import license While an amendment • is generally construed as becoming a
which was legal under the law existing at the timepartof of the original act as if it had always been contained
shipment is not rendered illegal by the fact that when thetherein , it may not be given a retroactive effect unless it is
goods arrived there was already another law prohibiting so provided expressly or by necessary implication and no
importation without import license. To rule otherwise in any vested right or obligations of contract are thereby impaired.
of these instances is to impair the obligations of contract. The general rule on the • prospective operation of statutes also
applies to amendatory acts

San Jose v. Rehabilitation Finance Corp

RA 401 which condoned • the interest on pre-war debts from
January 1, 1942 to December 31, 1945 amended by RA 671
on June 16, 1951 by virtually reenacting the old law and
Illustration of rule
“if the debtor,
providing however,that makes voluntary
payment of the entire pre-war unpaid principal obligation on
People v. Zeta or before December 31, 1952, the interest on such principal
• Existing law: authorizing a lawyer to charge not more than obligation corresponding from January 1, 1946 to day of
5% of the amount involved as attorney’s fees in the payment are likewise condoned ”
prosecution of certain veteran’s claim. Held: a debtor who paid • his pre-war obligation together with
• Facts: A lawyer entered into a contract for professional the interests on March 14, 1951 or before the amendment
services on contingent basis and actually rendered servicewas to approved into law, is not entitled to a refund of the
its successful conclusion. Before the claim was collected, ainterest paid from January 1, 1946 to March 14, 1951 the
statute was enacted. date the debtor paid the obligation.
• New statute: Prohibiting the collection of attorney’s fees for • Reason:
services rendered in prosecuting veteran’s claims. o “makes voluntary payment” – denotes a present or
• Issue: For collecting his fees pursuant to the contract for future act; thereby not retroactively
professional services, the lawyer was prosecuted for o “unpaid principal obligation” and “condone” –
violation of the statute. imply that amendment does not cover refund of
• Held: In exonerating the lawyer, the court said: the statute interests paid after its approval.
prohibiting the collection of attorney’s fees cannot be applied
retroactively so as to adversely affect the contract for CIR v. La Tondena
professional services and the fees themselves. Statute: imposes tax on • certain business activities is amended
• The 5% fee was contingent and did not become absolute by andeliminating the clause providing a tax on some of such
unconditional until the veteran’s claim had been collected by activities, and the amended act is further amended, after the
the claimant when the statute was already in force didlapse no of length of time, by restoring the clause previously
alter the situation. eliminated, which requires that the last amendment should
• For the “distinction between vested and absolute rights isnot notbe given retroactive effect so as to cover the whole
helpful and a better view to handle the problem is to declare period.
• those
find
thus
Services
The
payment
claim;
accrue
is
the
agreement,
as another.
expressly
services
to
lacking
5%
right
statutes
is
be
therefore,
fee
of
one
were
unalterable,
The
which
the
to
should
directed
in
allowed
thing;
attempting
due
subsequent
fees
fee
rendered
the
was
was
process.”
not
enforcement
accrued
in
right
invalid
by
entered
as
contingent
theathe
thereunder
to
law
previous
matter
was
affect
as
upon
old
into
enacted
arbitrary
contingent.
thereof
law
of
upon
voluntarily
rights
such
law.
simple
is
to
after
the
“not
To
and
claimant’s
by
rendition.
which
approval
apply
justice
actual
the
For
unreasonable,
unreasonable.
byrendition
the
the
athe
payment
affect
right
Only
of
parties
benefits.
courts
new
Issue:
the
the
of
An
certificate
to
wnot
tax
the
April
hich
amendment
can
on
becertificate
the
applied
24,
such
time
Buyco
applied
1956-
statute
business
Imperial
Buyco
heretroactively
which
compel
offered
inRA
prior
•in
payment
v.897
payment
for
imposes
Philippine
v.to
to
the
CIR
the
gave
its
pay
of
so
period
PNB
amendment
of
his
with
Buyco
aas National
tax
to
isindebtedness
prior
to
his
require
obligation
on
the
accept
backpay
ato
does
right
Bank
certain
the
payment
his
not
to
amendment
thus
to
certificate.
have
tax,
the
business
backpay
atofbank
may
said
that
the
 • June 16, 1956, RA 1576 was enacted amending the charter
of the PNB and provided that the bank shall have no Alday v. Camillon
authority to accept backpay certificate in payment Provision: of BP 129- “nor
• record or appeal shall be required to
indebtedness to the bank. take an appeal.” (procedural in nature and should be applied
• Held: The Court favored Buyco. All statutes are construed as retroactively)
having prospective operation, unless the purpose ofIssue: the Whether an appeal
• from an adverse judgment should
legislature is to give them retroactive effect. be dismissed for failure of appellant to file a record on
• This principle also applies to amendments. RA 1576 does appeal within 30 days as required under the old rules.
not contain any provision regarding its retroactive effect. It Such question is pending
• resolution at the time the BP Blg
simply states its effectivity upon approval. The amendment took effect, became academic upon effectivity of said law
therefore, has no retroactive effect, and the present because case the law no longer requires the filing a of a record on
should be governed by the law at the time the offer appealin and its retroactive application removed the legal
question was made obstacle to giving due course to the appeal.
• The rule is familiar that after an act is amended, the original
act continues to be in force with regard to all rights that had Castro v. Sagales
accrued prior to such amendment. A statute which transfers
• the jurisdiction to try certain cases
from a court to a quasi-judicial tribunal is a remedial statute
Insular Government v. Frank that is applicable to claims that accrued before its enactment
• Where a contract is entered into by the parties on the basis of but formulated and filed after it took effect.
the law then prevailing, the amendment of said law willHeld: not The court that •has jurisdiction over a claim at the time
affect the terms of said contract. it accrued cannot validly try to claim where at the time the
• The rule applies even if one of the contracting parties is theclaim is formulated and filed, the jurisdiction to try it has
government been transferred by law to a quasi-judicial tribunal.
for even •actions Rationale:
pending in one court may be
STATUTES GIVEN RETROACTIVE EFFECT validly be taken away and transferred to another and no
litigant can acquire a vested right to be heard by one
Procedural laws particular court.
• The general law is that the law has no retroactive effect.
• Exceptions:
o procedural laws
• An administrative rule
existing statue and not: declarative which is interpretative
of certain rights of a with
pre-
o curative laws, which are given retroactive
obligations thereunder is given retroactive effect as of the
operation date of the effectivity of the statute.
• Procedural laws
o adjective laws which prescribe rules and forms of Atlas Consolidated Mining & Development Corp. v. CA
procedure of enforcing rights or obtaining redress Issue: whether a trial • court has been divested of jurisdiction
for their invasion to hear and decide a pending case involving a mining
o they refer to rules of procedure by which courts controversy upon the promulgation of PD 1281 which vests
applying laws of all kinds can properly administer upon the Bureau of Mines Original and exclusive jurisdiction
injustice to hear and decide mining controversies.
o they include rules of pleadings, practice and Held:
• Yes. PD 1281 is a remedial statute.
evidence It does not create new • rights nor take away rights that are
o Applied to criminal law, they provide or regulate already vested. It only operates in furtherance of a remedy or
the steps by which one who commits a crime is to confirmation of rights already in existence.
be punished. It does not come within
• the legal purview of a prospective
o Remedial statutes or statutes relating to modes of law. As such, it can be given retrospective application of
procedure- which do not create new or take away statutes.
vested rights, but only operate in furtherance of the
Being procedural in •nature, it shall apply to all actions
remedy or confirmation of the rights already pending at the time of its enactment except only with respect
existing, do not come within the legal conception
to those cases which had already attained h character of a
of a retroactive law, or the general rule against the final and executor judgment.
retroactive operation of statutes.
Were it not so, the • purpose of the Decree, which is to
o A new statute which deals with procedure only is
facilitate the immediate resolution of mining controversies
presumptively applicable to all actions – those
by granting jurisdiction to a body or agency more adept to
which have accrued or are pending. the technical complexities of mining operations, would be
o Statutes regulating the procedure of the courts will
•• The
Rationale:
procedural
A
litigant
case,
rules
person
retroactive
oof
whether
violative
nor
procedure
cannot
has
be
undetermined
he
constitutionally
no
laws.
no
construed
is
civil
vested
application
adversely
insist
of
vested
any
or criminal,
on
right
right
asatthe
affected;
applicable
objectionable.
the
ofmay
of
inapplication
procedural
time
aof
any
person
attach
any
particular
oftoother
their
actions
who
to,
laws
topassage.
than
nor
the
may
remedy,
ispending
not:
the
arise
trial
feelexisting
and
of
that
from,
and
Furthermore,
regards
Litigants
his
Jurisdiction
aaccepted
Court
andthe
other
ruled
inprinciple ••ina7975,
Sandiganbayan’s
PD
aisprocedural
that
Subido,
mining
imposed
1281
over
RA Jr.
isthwarted
controversy
stature
stat
bymatters,
choose
to
av.law
such and
Sandiganbayan
con,
special rendered
injurisdiction,
further
or
and
athe
proceedings.
is
law
forum
not
clearly
cannot
law
special
of
amending
bygeneral
and
ofany
mode meaningless.
aconvenience.
be
law
procedural
under
of
permitted
application.
PD
will
of
the1606
aappeal,
prevail
parties
well-
law,
i.e.
as
to
 one which prescribes rules and forms of procedure enforcing the rule to curative •statutes is that if the thing omitted or
rights or obtaining redress for their invasion, or those which failed to be done, and which constitutes the defect sought to
refer to rules of procedure by which courts applying laws be of removed or made harmless, is something which the
all kinds can properly administer justice. legislature might have dispensed with by a previous statute,
• The petitioners suggest that it is likewise curative or it may do so by a subsequent one
remedial statute, which cures defects and adds to the means curative statutes are •intended to supply defects, abridge
of enforcing existing obligations. superfluities in existing laws, and curb certain evils. They
• As a procedural and curative statute, RA 7975 may validly are designed and intended, but has failed of expected legal
be given retroactive effect, there being no impairment consequence
of by reason of some statutory disability or
contractual or vested rights. irregularity in their own action. They make valid that which,
before the enactment of the statute, was invalid.
Martinez v. People Their purpose is to give • validity to acts done that would have
• Statutes regulating the procedure of the courts will beenbeinvalid under existing laws, as if existing laws have
construed as applicable to actions pending and undermined at been complied with
the time of their passage.
• Where at the time the action was filed, the Rules of Court: “a Frivaldo v. COMELEC
petition to be allowed to appeal as pauper shall not be (rested
• the definition of curative statutes)
entertained by the appellate court”
• The subsequent amendment thereto deleting the sentence • Tolentino
implies that the appellate court is no longer prohibited from o those which undertake to cure errors&
entertaining petitions to appear as pauper litigants, and may irregularities, thereby validating judicial judicial or
grant the petition then pending action, so long as its administrative proceedings, acts of public officers,
requirements are complied with. or private deeds or contracts which otherwise
would not produce their intended consequences by
Exceptions to the rule reason of some statutory disability or failure to
• The rule does not apply where: comply with some technical requirement
o the statute itself expressly or by necessary
implication provides that pending actions are • Agpalo
excepted from it operation, or where to apply it to o curative statutes are healing acts curing defects and
pending proceedings would impair vested rights adding to the means of enforcing existing
o Courts may deny the retroactive application of obligations
procedural laws in the event that to do so would o and are intended to supply defects abridge
not be feasible or would work injustice. superfluities in existing laws& curb certain evils
o Nor may procedural laws be applied retroactively o by their very nature, curative statutes are
to pending actions if to do so would involve retroactive and reach back to the past events to
intricate problems of due process or impair the correct errors or irregularities & to render valid &
independence of the courts. effective attempted acts which would be otherwise
ineffective for the purpose the parties intended
Tayag v. CA Curative statutes are • forms of retroactive legislations which
• Issue: whether an action for recognition filed by reach an back on past events to correct errors or irregularities &
illegitimate minor after the death of his alleged parent when to render valid & effective attempted acts which would be
Art 285 of the Civil Code was still in effect and otherwise has ineffective for the purpose the parties intended.
remained pending Art 175 of the Family Code took effect Erectors, Inc. v. NLRC (hahhha for the petitioner)
can still be prosecuted considering that Art 175, which isStatute: EO 111, amended • Art 217 of the Labor Code to
claimed to be procedural in nature and retroactivewiden in the workers, access to the government for redress of
application, does not allow filing of the action after the death grievances by giving the Regional Directors & the Labor
of the alleged parent. Arbiters concurrent jurisdiction over cases involving money
• Held: The rule that a statutory change in matters of claims
procedure may affect pending actions and proceedings, Issue: Amendment created• a situation where the jurisdiction
unless the language of the act excludes them from its of the RDs and LAs overlapped.
operation, is not so pervasive that it may be used to validateRemedy: RA 6715further • amended Art 217 by delineating
or invalidate proceedings taken before it goes into effect, their respective jurisdictions. Under RA 6715, the RD has
since procedure must be governed by the law regulating itexclusive at jurisdiction over cases involving claims, provided:
the time the question of procedure arises especially where o the claim is presented by an employer or person
vested rights maybe prejudiced. employed in domestic or household services or
Curative
• statutes
Accordingly,
application
adversely
vested
court
285
respondent’s
curative
they
of theare
enforcing
of
is,
minor
with
therefore,
remedial
remedial
the
a to
the
right
existing
child
cause
Art
the
Civil
filing
175
of
instant
statutes
by
she
correct
ofprivate
C
obligations
curing
action
of
of
represents,
ode
case
the
are
the
in defects
respondent
has
applying
and
healing
Family
since
complaint
not
both
inand
it
yet
Code
acts
holding
the
will
of
prescribed.”
and,
adding
in
provisions
which
ineluctably
finds
court.
consequentially,
that
tohave
no
the
The
of
private
proper
authorities
means
affect
been
Art
to
trial
All
Avalidate
curative
other
Held:
o the
o the
which
conformity
cases
EO
legal
aggregate
statute
claimant
111
are
would
proceedings,
is
&within
•enacted
RA
with
money
nohousehelper
6715
otherwise
Labor
certain
the
longer
to
household
instruments
are
claim
exclusive
cure
Arbiter.
existing
therefore
being
seek
be
defects
doesn’t
ofhelp
void
reinstatement
employed
jurisdiction
the
legal
or
curative
in
under
exceed
acts
employee
for
arequirements
prior
of
the
does
want
statutes.
P5,000.
of
law
public
Code.
not
the
of
or
Adong v. Cheong Seng Gee
• Statutes intended to validate what otherwise void or invalid Tatad v. Garcia Jr.
marriages, being curative, will be given retroactive effect. Issue: Where there is • doubt as to whether government
agency under the then existing law, has the authority to enter
Santos v. Duata intoa negotiated contract for the construction of a
• Statute which provides that a contract shall presumed government an project under the build-lease-and transfer
equitable mortgage in any of the cases therein enumerated, scheme
and designed primarily to curtail evils brought about Held: by The subsequent • enactment of a statute which
contracts of sale with right of repurchase, is remedialrecognizes in direct negotiation of contracts under such
nature & will be applied retroactively to cases arising prior to arrangement is a curative statute.
the effectivity of the statute. As all doubts and procedural • lapses that might have attended
• the negotiated contract have been cured by the subsequent
statute
Abad v. Phil American General Inc.
• Where at the time action is filed in court the latter has no Limitations of rule
jurisdiction over the subject matter but a subsequent statute remedial statutes will • not be given retroactive effect if to do
clothes it with jurisdiction before the matter is decided. so would impair the obligations of contract or disturb vested
• The statute is in the nature of a curative law with retroactive rights
operation to pending proceedings and cures the defect of lack only administrative or • curative features of the statute as will
of jurisdiction of the court at the commencement of the not adversely affect existing rights will be given retroactive
action. operation
the exception to the• foregoing limitations of the rule is a
remedial or curative statute which is enacted as a police
Legarda v. Masaganda power measure
• Where a curative statute is enacted after the court has of this type • may be given retroactive effect even
Statutes
rendered judgment, which judgment is naturally void asthough the they impair vested rights or the obligations of
court has at the time no jurisdiction over the subject of the contract, if the legislative intent is to give them retrospective
action, the enactment of the statute conferring jurisdiction to operation
the court does not validate the void judgment for the • Rationale:
The constitutional restriction against impairment
legislature has no power to make a judgment rendered
against obligations of contract or vested rights does not
without jurisdiction of a valid judgment.
preclude the legislature from enacting statutes in the exercise
of its police power
Frivaldo v. COMELEC
• (an example considered curative & remedial as well as one Police power legislations
which creates new rights & new remedies, generally held to
as a rule, statutes which • are enacted in the exercise of police
e retroactive in nature- PD 725, which liberalizes the
power to regulate certain activities, are applicable not only to
procedure of repatriation)
those activities or transactions coming into being after their
• Held: PD 725 & the re-acquisition of the Filipino citizenship
passage, but also to those already in existence
by administrative repatriation pursuant to said decree is
retroactive. • Rationale:
the non-impairment of the obligations of contract
or of vested rights must yield to the legitimate exercise of
De Castro v. Tan power, by the legislature, to prescribe regulations to promote
the health, morals, peace, education, good order, safety and
• Held: what has been given retroactive effect in Frivaldo is
general welfare of the people
not only the law itself but also Phil. Citizenship re-acquired
Any right acquired under • a statute or under a contract is
pursuant to said law to the date of application for
subject to the condition that it may be impaired by the state
repatriation, which meant that his lack of Filipino citizenship
in the legitimate exercise of its police power, since the
at the time he registered as a voter, one of the qualification is
reservation of the essential attributes of sovereign power is
as a governor, or at the time he filed his certificate of
deemed read into every statute or contract as a postulate of
candidacy for governorship, one of the qualification is as a
the legal order
governor, was cured by the retroactive application of his
repatriation.
Statutes relating to prescription
Republic v. Atencio General rule: a statute • relating to prescription of action,
being procedural in nature, applies to all actions filed after its
• Curative statute: one which confirms, refines and validate the
effectivity. In other words, such a statute is both:
sale or transfer of a public land awarded to a grantee, which
Municipality
• a of
otherwise
Statute:
provides
presidential
respective
time
considered
This
municipalities
usurpation
prior
San
isofSec.
alaw
Narciso,
the
invalid
that
sets
curative
of
asissuances
442(d)
legislative
aby
of
prohibits
effectivity
regular
municipal
elective
transaction
EO
Quezon
statute
ofwhich
ormunicipalities
the
power.
executive
its
municipal
v.
of
Local
districts
as
had
Mendez
under
sale
the
itbeen
Government
orders
validates
the
within
code
officials
organized
held
old&
shall
to
law.
awhich
holding
be
the
Code
certain
henceforth
an
pursuant
have
creation
invalid
of
atperiod
which
its
1991,
thewithout
their
retroactive
running
Statute:
However,
enactment
toof
be&haso prospective
obefore
Art.
that
allowing
retroactive
operation
become
a1116
ifaccrued
Nagrampa
statute
the
to aof in
ofthe
effectivity
do
•complete
reasonable
to
inand
the
causes
the
so v.
willsense
Civil
will
sense
limitations
Nagrampa
of
accrue
or
time
remove
Code:
this that
action
that
accrued
disturb
to
Code ita applies
itafter
applies
bring
“prescription
that
willbefore
shall
it
bar
accrued
existing
took
actions
not
to
of to
becauses
its causes
effect,
be
limitation
governed
prior
passage
thereon
already
claims
given
that
and
to
 by laws previously in force; but if since the time this Code Labor not later than March 31, 1975, otherwise shall be
took effect the entire period herein required for prescription barred forever.”
should elapse, the present Code shall be applicable even Held: Provision doesn’t • apply to workmen’s compensation
though by the former laws a longer period might that be accrued before Labor Code took effect, even if claims
required.” were not filed not later than March 31, 1975.
• Held: The provision is retroactive since it applied to a cause prescriptive • period
Rationale:for claims which accrued
that accrued prior to its effectivity which when filed has
under WCA as amended 10 yrs. which is “a right found on
prescribed under the new Civil Code even though the period statute” & hence a vested right, that cannot be impaired by
of prescription prescribed under the old law has not ended at
the retroactive application of the Labor Code.
the time the action is filed in court
• The fact that the legislature has indicated that the statute
relating to prescription should be given retroactive effect will Comparison of Billones and Corales
not warrant giving it if it will impair vested rights
• Statute of limitations prescribing a longer period to file an Billones Corales
action than that specified under the law may not be construed
as having retroactive application if it will revive the cause While Court said Court that such
considered
right the right to
that already prescribed under the old statute for it will impair to bring an action prosecute
accruedthe under
action that accrued
vested rights against whom the cause is asserted. the old law isunder not vested
the oldright,
law as it one founded
• Statute which shorten the period of prescription & requires did not say that the right on islaw one
& a vested right.
that causes which accrued prior to its effectivity be protected by the due process
prosecuted or filed not later than a specific date may not be clause of the Constitution.
construed to apply to existing causes which pursuant to the
old law under which they accrued, will not prescribe until a For BOTH cases:Court In solving
construed howthe statute of
much longer period than that specified in the later enactment to safeguard the limitations
right to bring
as inapplicable to the
because the right to bring an action is founded on law which action whose prescriptive
action thatperiodaccrued before the
has become vested before the passage of the new statute of to institute it has been shortened law took effect.
limitations by law? (It is generally held that the court
Gave the claimantshas no powerwhose to rights
read into the law
Apparently conflicting decisions on prescription have been affected, something
one year which the law itself
from the date the law did not
tookprovide
effect expressly or
Billones v. CIR within which to sue their claims.caseimpliedly. seems
Coralesto
• Issue: whether Sec. 7A of Common wealth Act 144, be on firmer grounds.
amended by RA 1993, to the effect that “any action to Prescription in criminal and civil cases
enforce an cause ( i.e. non payment of wages or overtime General rule: laws on• prescription of actions apply as well to
compensation) under this Act shall be commenced withincrimes 3 committed before the enactment as afterwards. There
years after such cause of action accrued, otherwise it shall be is, however, a distinction between a statute of limitations in
forever barred. Provided, however, that actions already criminal actions and that of limitations in civil suits, as
commenced before the effective day of this Act shall not be regards their construction.
affected by the period herein prescribed. In CIVIL SUIT- statute • is enacted by the legislature as an
• As statute shortened the period of prescription from 6 toimpartial 3 arbiter, between two contending parties. In the
yrs. from the date the cause of action accrued, itconstruction was of such statute, there is no intendment to be
contended that to give retroactive effect would impair vested made in favor of either party. Neither grants right to the
rights since it would operate to preclude the prosecutionother; of there is therefore no grantor against whom no ordinary
claims that accrued more than 3 but less than 6 yrs. presumptions of construction are to be made.
• Held: a statute of limitations is procedural in nature andCRIMINAL no CASES:• the state is the grantor, surrendering by
vested right can attach thereto or arise therefrom. act of grace its right to prosecute or declare that the offense
• When the legislature provided that “actions already is no longer subject of prosecution after the prescriptive
commenced before the effectivity of this Act shall not period. be Such statutes are not only liberally construed but are
affected by the period herein prescribed,” it intended to apply applied retroactively if favorable to the accused.
the statute to all existing actions filed after the effectivity of
the law. Statutes relating to appeals
• Because the statute shortened the period within which Thetoright to appeal from • an adverse judgment, other than that
bring an action & in order to violate the constitutional which the Constitution grants, is statutory and may be
mandate, claimants are injuriously affected should have a restricted or taken away
reasonable period of 1 yr. from time new statute took effect A statute relating to• appeals is remedial or procedural in
Corales
• v. with
within
Same
conclusion.
Issue:
accrued
but
provision
WCA
accruing
Employee’s
filed
the
Whether
issue
which
requires
under
prior
appropriate
ofunder
Compensation
the
on
tothe
toasue
New
Billones
that
old
the
claim
after
onLabor
regional
Workmen’s
effectivity
“workmen’s
such
for
March
but
Commission
Code
claims.
workmen’s
offices
Court
of
31,
Compensation
which
this
compensation
of
1975
arrived
compensation
repealed
the
Codeis
Department
at
shall
barred
Act
the
a different
claims
be
(WCA)
WCA.
the
which
Such
by
destroys
filed
for
become
of
appeal
nature
construed
has
ajudgment
sthe
statute
tatute
instatute,
yet
the
that
and
the
been
vested
latter
which
went
retroactively
has
applies
rendered
right
like
promulgated
into
been
case,
under
eliminates
to
other
to
•effect,
perfected
the
appeal
pending
the
inso
impaired.
right
statutes,
but
old
aas
at
thethe
ato
case
NOT
law
of
actions
before
right
decision
impair
time
the
and
final
the
may
to
appellant
the
the
in
may
vested
appeal
right
which
rendered
passage
and
statute
not
not
torights.
unappealable,
and
to
however
therefore
no
prosecute
took
appeal
ofjudgment
considers
after
the
Hence,
effect.
law,
has
the
be
an
 • Stature shortening the period for taking appeals is to be A statute punishing an act which is also a crime under
given prospective effect and may not be applies to pending the RPC provides a penalty as prescribed in the said
proceedings in which judgment has already been rendered at Code, such statute is not a special law but an
the time of its enactment except if there’s clear legislative amendment by implication.
intent.
When amendment takes effect
Berliner v. Roberts 15 days following its publication in the Official Gazette or
• Where a statute shortened the period for taking appeals form
newspaper of general circulation, unless a date is specified
thirty days to fifteen days from notice of judgment, an appeal therein after such publication.
taken within thirty days but beyond fifteen days from notice
of judgment promulgated before the statute took effect is How amendment is construed, generally
deemed seasonably perfected. Statute and amendment – read as a whole
Amendment act is ordinarily construed as if the original
CHAPTER TEN: Amendment, Revision, Codification and Repealstatute has been repealed and a new independent act in the
amended form had been adopted.
AMENDMENT
Amended act is regarded as if the statute has been originally
enacted in it amended form.
Power to Amend Read in a connection with other sections as if all had been
The legislature has the authority to amend, subject to enacted in the same statute.
constitutional requirements, any existing law. Where an amendment leaves certain portions of an act
Authority to amend is part of the legislative power to enact, unchanged, such portions are continued in force, with the
alter and repeal laws. same m eaning and effect they have before the amendment.
The SC in the exercise of its rule-making power or of its Where an amendatory act provides that an existing statute
power to interpret the law, has no authority to amend or shall be amended to read as recited in the amendatory act,
change the law, such authority being the exclusive tosuch the portions of the existing law as are retained either
legislature. literally or substantially

How amendment effected Estrada v. Caseda

Amendment – the change or modification, by deletion, Where a statute which provides that it shall be in force
alteration, of a statute which survives in its amended form. for a period of four years after its approval, the four
The amendment of a statute is effected by the enactment of years is to be counted from the date the original statute
an amendatory act modifying or altering some provisions of was approved and not from the date the amendatory act
a statute either expressly or impliedly. was amended.
Express amendment – done by providing in the amendatory
act that specific sections or provisions of a statute be Meaning of law changed by amendment
amended as recited therein or as common indicated, “to read An amended act should be given a construction different
as follows.” from the law prior to its amendment, for its is presumed that
the legislature would not have amended it had not it not
Amendment by implication wanted to change its meaning.
Every statute should be harmonized with other laws on the Prior to the introduction of the amendment, the statute had a
same subject, in the absence of a clear inconsistency. different meaning which the amendment changed in all the
Legislative intent to amend a prior law on the same subject is particulars touching which a material change in the language
shown by a statement in the later act that any provision of of the later act exists.
law that is inconsistent therewith is modified accordingly. Deliberate selection of language in the amendatory act
Implied Amendment- when a part of a prior statutedifferent from that of the original act indicates that the
embracing the same subject as the later may not be enforcedlegislature intended a change in the law or in its meaning.
without nullifying the pertinent provision of the latter in
which event, the prior act is deemed amended or modified to Victorias Milling Co. v. SSS
the extent of repugnancy. A statutory definition of term containing a general rule
and an exception thereto is amended by eliminating the
Quimpo v. Mendoza exception, the legislative intent is clear that the term
Where a statute which requires that the annual realty tax should now include the exception within the scope of
on lands or buildings be paid on or before the specified the general rule.
date, subject to penalty of a percentage of the whole
amount of tax in case of delayed payment, is amended Parras v. Land Registration Commissions
People v. Macatanda
The penalty
Legislative
installments
by
installment
computed
unpaid,
provided
later
implication
authorizing
law
intent
provision
and
allowed
inonly
the
not
under
to
tothat
become
on
old
change
onpayment
of
the
the
the
statute.
the
installment
whole
due
penalty
later
the
earlier
inon
of
basis
four
amount
law
or
statute
for
the
before
that
will
is
installments.
late
clear
tax
of
became
is
be
payment
annual
specified
modified
in
when
collected
four
due
tax
the
ofdates.
as
and
equal
an
and
Section
Suppression
payment
withdrawal
means
in
publication
P50,000
cases
ofthat
ofwhere
is
a of
the
of
amended
statute
fees
the
the
the
publication
the
inexemption
statute
land
excepting
requiring
value
by registration
deleting
ofas
act.
of
fees
the
allowed
the
amended
the
clause
regardless
land
the
land
proceedings,
exact
excepting
involved
under
does
amount
now
of
payment
the
not
the
clause,
requires
original
exceed
to
except
value
the
of
it
 Amendment Operates Prospectively
An amendment will not be construed as having a retroactive
effect, unless the contrary is provided or the legislative intent
to give it a retroactive effect is necessarily implied from the
language used and only if no vested right is impaired.
Jurisdiction over the subject matter is determined by the
law in force at the time of the commencement of the
action; laws should only be applied prospectively unless
the legislative intent to give them retroactive effect is
expressly declared or is necessarily implied from the
language used.

Imperial v. Collector of Internal Revenue Effect of nullity of prior or amendatory act

A statute amending a tax law is silent as to whether it Where a statute which has been amended is invalid, nothing
operates retroactively, the amendment will not be in effect has been amended
giving retroactive effect so as to subject to tax The pastamendatory act, complete by itself, will be considered as
transactions not subject to tax under the original act. an original or independent act.

Diu v. Court of Appeals Government v. Agoncillo

Statutes relating to procedure in courts are applicable to Where the amendatory act is declared unconstitutional,
actions pending and undetermined at the time of their it is as if the amendment did not exist, and the original
passage. statute before the attempted amend remains unaffected
and in force.
Effect of Amendment on Vested Rights
After a statute is amended, the original act continues to be in REVISION AND CODIFICATION
force with regard to all rights that had accrued prior to the
amendment or to obligations that were contracted under the Generally
prior act and such rights and obligations will continue to Purpose: be to restate the existing laws into one statute and
governed by the law before its amendment. simply complicated provisions, and make the laws on the
Not applied retroactively so as to nullify such rights. subject easily found.
Construction to harmonize different provisions
Effect of amendment on jurisdiction Presumption: author has maintained a consisted philosophy
Jurisdiction of a court to try cases is determined by the law or position.
in force at the time the action is instituted. The different provisions of a revised statute or code should
Jurisdiction remains with the court until the case is finally be read and construed together.
decided therein. Rule: a code enacted as a single, comprehensive statute, and
is to be considered as such and not as a series of
Rillaroza v. Arciaga disconnected articles or provisions.
Absence of a clear legislative intent to the contrary, a
subsequent statute amending a prior act with the effect Lichauco & Co. v. Apostol
of divesting the court of jurisdiction may not be A irreconcilable conflict between parts of a revised
construed to operate but to oust jurisdiction that has statute or a code, that which is best in accord with the
already attached under the prior law. general plan or, in the absence of circumstances upon
which to base a choice, that which is later in physical
Iburaan v. Labes position, being the latest expression of legislative will,
Where a court originally obtains and exercises will prevail.
jurisdiction pursuant to an existing law, such
jurisdiction will not be overturned and impaired by the What is omitted is deemed repealed
subsequent amendment of the law, unless express all laws and provisions of the old laws that are omitted in the
prohibitory words or words of similar import are used. revised statute or code are deemed repealed, unless the
statute or code provides otherwise
Applies to quasi-judicial bodies Reason: revision or codification is, by its very nature and
purpose, intended to be a complete enactment on the subject
Erectors, Inc v. NLRC and an expression of the whole law thereon, which thereby
PD 1691 and 1391 vested Labor Arbiters with original indicates intent on the part of the legislature to abrogate
and exclusive jurisdiction over all cases involving those provisions of the old laws that are not reproduced in
employer-employee relations, including money claims the revised statute or code.
arising out of any law or contract involving Filipino Possible only if the revised statute or code was intended to
workers for overseas employment cover the whole subject to is a complete and perfect system
Facts: An overseas worker filed a money claim against in itself.
Issue:filed
Held: his
enacted,
exclusive
claims,
workers
of
ruled
decide
labor
the
whether
the
recruiter,
court
by
arbiter
overseas
that
the
arising
the
for
the
which
sustained
jurisdiction
the
overseas
cease
his
and
decision
out
worker
labor
authority
while
vested
because
ofthe
worker
employment.
law
of
arbiter
was
over
validity
the
the
or
POEA
to
invalid
case
EO
labor
prior
all
contract
hear
still
797b
of
cases,
isto
with
and
the
pending,
arbiter
had
its
did
involving
decision
decide
including
effectivity.
the
original
not
inEO
authority
favor
divest
the
and
Filipino
797
money
case
and
the
When
Rule:
was
the
repeal,
former
1917,
to
reimbursement
C
Section
laim
medical
both
a subsequent
then
which
revises
omitted
for
intent
699
all
Mecano
reimbursement
andauthorizes
parts
the
of
and
from
statute
ofhospitalization
the
whole
and
scope
v.
payment
the
statute.
CRevised
is
provision
ommission
revised
the
deemed
subject
clearly
byhead
ofAdministration
aact
of
expenses
government
to
matter
medical
evince
of
on
are
repeal
theAudit
deemed
office
prior
of
the
aand
pursuant
the
prior
act
to
official
idea
repealed.
Code
hospital
that
case
former
law
ofare
of
to
ifa
 expenses of a government official in case of sicknessPartialor repeal – leaves the unaffected portions of the statute
injury caused by or connected directly with the in force.
performance of his official duty. A particular or specific law, identified by its number of title,
CoA denied the claim on the ground that AC of 1987 is repealed is an express repeal.
which revised the old AC, repealed Sec. 699 because it All other repeals are implied repeals.
was omitted the revised code. Failure to add a specific repealing clause indicates that the
SC ruled that the legislature did not intend, in enacting intent was not to repeal any existing law, unless an
the new Code, to repeal Sec. 699 of the old code. irreconcilable inconsistency and repugnancy exist in the
“All laws, decrees, orders, rules and regulation, or terms of the new and old laws, latter situation falls under the
portions thereof, inconsistent with this Code are hereby category of an implied repeal.
repealed or modified accordingly.” Repealed only by the enactment of subsequent laws.
New code did not expressly repeal the old as the new The change in the condition and circumstances after the
Code fails to identify or designate the act to be repealed.passage of a law which is necessitated the enactment of a
Two categories of repeal by implication statute to overcome the difficulties brought about by such
Provisions in the two acts on the same subject matter change does not operate to repeal the prior law, nor make the
that are in irreconcilable conflict. later statute so inconsistent with the prior act as to repeal it.
Later act to the extent of the conflict constitutes an
implied repeal of the earlier Repeal by implication
If the later act covers the whole subject of the earlier Where a statute of later date clearly reveals an intention on
one and is clearly intended as a statute, it will operatethetopart of the legislature to abrogate a prior act on the
repeal the earlier law. subject, that intention must be given effect.
There is no irreconcilable conflict between the two codes on There must be a sufficient revelation of the legislative intent
the matter of sickness benefits because the provision has not to repeal.
been restated in the New Code. Intention to repeal must be clear and manifest
The whereas clause is the intent to cover only those aspects General rule: the latter act is to be construed as a
of government that pertain to administration, organization continuation not a substitute for the first act so far as the two
and procedure, and understandably because of the many acts are the same, from the time of the first enactment.
changes that transpired in the government structure since the Two categories of repeals by implication
enactment of the old code. Where provisions in the two acts on the same subject
matter are in an irreconcilable conflict and the later act
Change in phraseology to the extent of the conflict constitutes an implied repeal
It is a well settled rule that in the revision or codification of of the earlier.
statutes, neither an alteration in phraseology nor the If the later act covers the whole subject of the earlier
admission or addition of words in the later statute shall beone and is clearly intended as a substitute, it will
held necessarily to alter the construction of the former acts. operate similarly as a repeal of the earlier act.
Words which do not materially affect the sense will be
omitted from the statute as incorporated in the revise statute Irreconcilable inconsistency
or code, or that some general idea will be expressed in brief Implied repeal brought about by irreconcilable repugnancy
phrases. between two laws takes place when the two statutes cover
If there has been a material change or omission, which the same subject matter; they are so clearly inconsistent and
clearly indicates an intent to depart from the previous incompatible with each other that they cannot be reconciled
construction of the old laws, then such construction as willor harmonized and both cannot be given effect, once cannot
effectuate such intent will be adopted. be enforced without nullifying the other.
Implied repeal – earlier and later statutes should embrace the
Continuation of existing laws. same subject and have the same object.
A codification should be construed as the continuation of the In order to effect a repeal by implication, the later statute
existing statutes. must be so irreconcilably inconsistent and repugnant with the
The codifiers did not intend to change the law as it formerly existing law that they cannot be made to reconcile and stand
existed. together.
The rearrangement of sections or parts of a statute, or the It is necessary before such repeal is deemed to exist that is be
placing of portions of what formerly was a single section inshown that the statutes or statutory provisions deal with the
seprate sections, does not operate to change the operation, same subject matter and that the latter be inconsistent with
effect of meaning of the statute, unless the changes are of the former.
such nature as to manifest clearly and unmistakably a
the fact that the terms of an earlier and later provisions of
legislative intent to change the former laws. law differ is not sufficient to create
REPEAL
Power
The
Repeal,
Repeal:
Total legislature
one.
or
repeal
to
to
limit
generally
total
repeal
repeal
–or
its
revoked
cannot
partial,
future
a law in
is
legislative
completely
express
as
andcomplete
ofor
itself
acts.
implied
enact
as theirrepealable
power to enact
laws signed
canvassers
the
right
by
second
toFact
Code,
votes
boards
what
constitute
hand
and
that
paragraph
will
and
Agujetas
affixed
of
an
shall
of
Sec
canvassers
received
be
each
earlier
the
28
prepare
its
prepare
with
of
member,
later
v.
of
basis,
Court
RA
by
Sec231
statute,
the
the
an
is
aeach
w/c
7166
imprint
silent
implied torepugnance
certificate
of
supported
details
Appeals
of
candidate
pertaining
“respective
as
the
of
repeal
are
Omnibus
the
how
of
by
ofprovided
in
canvass
aof
to
canvass
thumb
the
each as
statement
the
canvassing
boards
board to
Election
former.
polling
of
and
induly
the
as
of
 place and on the basis thereof shall proclaim as elected Rule: a subsequent is deemed to repeal a prior
the candidates who obtained the highest number of law if the former revises the whole subject
votes coast in the provinces, city, municipality or matter of the former statute.
barangay, and failure to comply with this requirement When both intent and scope clearly evince the idea
shall constitute an election offense” of a repeal, then all parts and provisions of the
Did not impliedly repeal the second paragraph of Sec prior act that are omitted from the revised act are
231 of OEC and render the failure to comply with the deemed repealed.
requirement no longer an election offense. Before there can be an implied repeal under this
category, it must be the clear intent of the
Irreconcilable inconsistency between to laws embracing the legislature that later act be the substitute of the
same subject may also exist when the later law nullifies the prior act.
reason or purpose of the earlier act, so that the latter law Opinion 73 s.1991 of the Secretary of Justice: what
loses all meaning and function. appears clear is the intent to cover only those
aspects of government that pertain to
Smith, Bell & Co. v. Estate of Maronilla administration, organization and procedure,
A prior law is impliedly repealed by a later act where understandably because of the many changes that
the reason for the earlier act is beyond peradventure transpired in the government structure since the
removed. enactment of RAC.
Repeals of statutes by implication are not favored.
Repeal by im plication – based on the cardinal rule that in the Presumption is against the inconsistency and
science of jurisprudence, two inconsistent laws on the same repugnancy for the legislature is presumed to know
subject cannot co-exist in one jurisdiction. the existing laws on the subject and not to have
There cannot be two conflicting law on the same subject. enacted inconsistent or conflicting statutes.
Either reconciled or later repeals prior law.
Ty v. Trampe
Leges posteriores priores contrarias abrogant (a later law
Issue: whether PD 921 on real estate taxes has been
repeals the prior law on the subject which is repugnantrepealed impliedly by RA 7160, otherwise know as the
thereto) Local Government Code of 1991 on the same subject.
Held: that there has been no implied repeal
Mecano v. Commission on Audit
Court: it is clear that the two law are not coextensive
Issue: whether Sec. 699 of the Revised Administrative and mutually inclusive in their scope and purpose.
Code has been repealed by the 1987 Administrative
RA 7160 covers almost all governmental functions
Code. delegated to local government units all over the
1987 Administration Code provides that: “All laws, country.
decrees, orders, rules and regulations, or portions PD 921 embraces only Metropolitan Manila Area
thereof, inconsistent with this code are hereby repealed and is limited to the administration of financial
or modified accordingly services therein.
Court ruled that the new Code did not repeal Sec 699: Sec.9 PD921 requires that the schedule of values
Implied repeal by irreconcilable inconsistency of real properties in the Metropolitan Manila Area
takes place when two statutes cover the same shall be prepared jointly by the city assessors states
subject matter, they are so clearly inconsistent and that the schedules shall be prepared by the
incompatible with each other that they cannot be provincial, city and municipal assessors of the
reconciled or harmonized, and both cannot be municipalities within Metropolitan Manila Area
given effect, that one law cannot be enforced for the different classes of real property situated in
without nullifying the other. their respective local government units for
The new Code does not cover not attempt to the enactment by ordinance of the sanggunian
cover the entire subject matter of the old Code. concerned.
There are several matters treated in the old Code
that are not found in the new Code. (provisions on Hagad v. Gozo-Dadole
notary public; leave law, public bonding law, Sec.19 RA 6670, the Ombudsman Act grants
military reservations, claims for sickness benefits disciplinary authority to the Ombudsman to discipline
under section 699 and others) elective and appointive officials, except those
CoA failed to demonstrate that the provisions of impeachable officers, has been repealed, RA 7160, the
the two Codes on the matter of the subject claim Local Government Code, insofar as local elective
are in an irreconcilable conflict. officials in the various officials therein named.
There can no conflict because the provision on Held: both laws should be given effect because
The contention
Second
fact
sickness
petitioner
same
not
the
or
statute
subject
itself.
aprior
of
Category:
that
continuation
subject
itself
or
to
abenefits
act
has
islater
code
be
sufficient
untenable.
new
matter
not
apossible
enactment
was
statute
of
been
complete
ofthe
as
the
intended
torestated
that
old
may
cause
nature
only
may
one.
of
and
merely
to
an
in
ifrelate
being
perfect
cover
earlier
implied
old
the
be
Code.
toclaimed
cumulative
the
revised
statute
the
repeal
system
whole
by
of
isinnothing
Two
to
The
Interpretare
finding
must
arecompel
in
ittwo
laws
not
has
the
be thereof
so
statutes
so
repealed,
Local
us
must
inconsistent,
construed
et
tomust
optimus
Government
on
uphold
be
concordare
ofwhether
the
implied
surface,
incompatible,
and
specific
let
interpretandi
one
other.
harmonized
alone
expressly
repeal
Code
and
before
leges
matter athere
irreconcilable,
strike
to
may
(every
the
and
indicate
or
legibus,
modus,
inwith
impliedly.
down
be
inference
question
drawn.
statute
other
clear
that is
i.the
estase
 statutes as to form uniform system of that are omitted from the revised act are deemed
jurisprudence. repealed.
the legislature should be presumed to have known
the existing laws on the subject and not to have Joaquin v. Navarro
enacted conflicting statutes. Where a new statute is intended to furnish the exclusive
rule on a certain subject, it repeals by implication the
Initia, Jr v. CoA old law on the same subject,
implied repeal will not be decreed unless there is an Where a new statute covers the whole subject matter of
irreconcilable inconsistency between two provisions or an old law and adds new provisions and makes changes,
laws is RA 7354 in relation to PD 1597. and where such law, whether it be in the form of an
RA 7354 – in part of the Postmaster General, amendment or otherwise, is evidently intended to be a
subject to the approval of the Board of Directors ofrevision of the old act, it repeals the old act by
the Philippines Postal Corporation, shall have the implication.
power to “determine the staffing pattern and the
number of personnel, define their duties and People v. Almuete
responsibilities, and fix their salaries and Revision of the Agricultural Tenancy Act by the
emoluments in accordance with the approved Agricultural Land Reform Code.
compensation structure of the Corporation.” Sec 39 of ATC (RA 1199) “it shall be unlawful for
Sec.6 PD 1597 – “ exemptions notwithstanding, either the tenant or landlord without mutual consent, to
agencies shall report to the President, through the reap or thresh a portion of the crop at any time previous
Budget Commission, on their position to the date set, for its threshing.”
classification and compensation plans, policies, An action for violation of this penal provision is
rates and other related details following such pending in court, the Agricultural Land Reform Code
specifications as may be prescribed by the superseded the Agricultural Tenancy Act, abolished
President.” share tenancy, was not reproduced in the Agricultural
Issue: whether Sec6 of PD1597, the two laws being Land R eform Code.
reconcilable. The effect of such non-reenactment is a repeal of
While the Philippine Postal Corporation is allowed to Section 39.
fix its own personnel compensation structure through its It is a rule of legal hermeneutics that an act which
board of directors, the latter is required to follow certain purports to set out in full all that it intends to contain,
standards in formulating said compensation system, and operates as a repeal of anything omitted which was
the role of DBM is merely to ensure that the action contained in the old act and not included in the act as
taken by the board of directors complies the revised.
requirements of the law. A substitute statute, and evidently intended as the
substitute for it, operates to repeal the former statute.
Cebu Institute of Technology v. Ople
Sec. 3(a) PD 451 and Sec. 42 of BP 232 illustrates
repeal by implication. Tung Chin Hui v. Rodriguez
Sec 3(a) provides: “no increase in tuition or other Issue: whether Sec.18 Rule 41 of the pre-1007 Rules of
school fees or charges shall be approved unless Court, which provided the appeal in habeas corpus
60% of the proceed is allocated to increasecases in to be taken within 48 hours from notice of
salaries or wages of the member of the faculty.” judgment, has been replaced by the 1997 Rules of Civil
BP 232: “each private school shall determine its Procedure, which provides in Sec. 3 Rule 41 thereof,
rate of tuition and other school fees or charges. that appeal from judgment or final order shall be taken
The rates or charges adopted by schools pursuant
within 15 days from receipt thereof, in view of the fact
to this provision shall be collectible, and their that the Sec. 18 was repealed, in accordance with the
application or use authorized, subject to rules and well-settled rule of statutory construction that
regulations promulgated by the Ministry of
provisions of an old law that were not reproduced in
Education, Culture and Sports.” the revision thereof covering the same subject are
Issue: whether Sec. 42 of BP 232 impliedly repealed deemed repealed and discarded
Sec. 3(a) of PD 451 Held: SC in this case to abrogate those provisions of the
Held: there was implied repeal because there are old laws that are not reproduced in the revised statute or
irreconcilable differences between the two laws. Code.

Implied repeal by revision or codification Repeal by reenactment

Revised
People
Must
v. Benuyastatute
whatever
and
part
deemed
Where
be intended
perfect
thereof
provisions
the is
onaimpliedly
covering
statute
isissystemin
excluded
same
which
to
embraced
the
cover
of effect
issubject
repealed.
are
entire
the
revised
in the
there
itself
not
formerafrom
in whole
field
are
the legislative
repeated
or
inrevised
anew
order
act
ofseries
subject
shall
subject
orstatute
in
that
acts
or
of
the
beto declaration
consolidated
legislative
the
matter,
discarded.
new
be
shall
prior
a statute
complete
prevail
all that
statutes
acts
parts
into
will
and
Where
and
substitution
one,
or
be
disappears
follows,
providing
and
Where
The
ais statute
not
new
all aentirely
of
included
which
matters
law
statute
Parras
that
the
is amends
a then
previous
and
the
reenactment
in
isv. amendment
athe
Land
what
quotes
same
the
isasubstitute
deem
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reenactment
section
laws
is
Registration
isthe
omitted
amended
ed
of
on
amended
section
are
repealed.
for
that
the
considered
in
isthe
are
whole
matter,
deemed
the
Commission
so
ofprovision,
original
omitted
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reenacted
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latter
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 Presumption is against inconsistency or repugnancy and,
Other forms of implied repeal accordingly, against implied repeal
The most powerful implication of repeal is that which arises Legislature is presumed to know the existing laws on the
when the later of two laws is expressed in the form ofsubject a and not to have enacted inconsistent or conflicting
universal negative. statutes.
There is a clear distinction between affirmative and negative A construction which in effect will repeal a statute altogether
statutes in regard to their repealing effects upon prior should, if possible, be rejected.
legislation. In case of doubt as to whether a later statute has impliedly
Affirmative statute does not impliedly repeal the prior repealed a prior law on the same subject, the doubt should be
law unless an intention to effect a repeal is manifest, resolved against implied repeal.
A negative statute repeals all conflicting provisions
unless the contrary intention is disclosed. US v. Palacio
Legislative intent to repeal is also shown where it enacts Repeals by implication are not favored, and will not be
something in general term and afterwards it passes another decreed unless it is manifest that the legislature so
on the same subject, which though expressed in affirmative intended.
language introduces special conditions or restrictions As laws are presumed to be passed with deliberation
The subsequent statute will usually be considered as and with full knowledge of all existing ones on the
repealing by implication the former regarding the matter subject
covered by the subsequent act. It is but reasonable to conclude that in passing a statute
The express repeal of a provision of law from which an it was not intended to interfere with or abrogate any
executive official derives his authority to enforce another former law relating to some matter
provision of the same law operates to repeal by implication Unless the repugnancy between the two is not only
the latter and to deprive the official of the authority irreconcilable, to but also clear and convincing, and
enforce it. flowing necessarily form the language used, the later act
The enactment of a statute on a subject, whose purpose or fully embraces the subject matter of the earlier, or
object is diametrically opposed to that of an earlier law on unless the reason for the earlier act is beyond
the same subject which thereby deprives it of its reason for peradventure removed.
being, operates to repeal by implication the prior law, even Every effort must be used to make all acts stand and if,
though the provisions of both laws are not inconsistent. by any reasonable construction, they can be reconciled,
the later act will not operate as a repeal of the earlier.
“All laws or parts thereof which are inconsistent with this Act are
hereby repealed or modified accordingly,” construed. NAPOCOR v. Angas
Nature of repealing clause Illustrates the application of the principle that repeal or
Not express repealing clauses because it fails to identify amendment by implication is not favored.
or designate the act or acts that are intended to beIssue: whether Central Bank Circular 416 has impliedly
repealed. repealed or amended Art 2209 of the Civil Code
A clause, which predicates the intended repeal upon the Held: in answering the issue in the negative, the court
condition that a substantial conflict must be found on ruled that repeals or even amendments by implication
existing and prior acts of the same subject matter. are not favored if two laws can be fairly reconciled. The
The presumption against im plied repeal and the rule on statutes contemplate different situations and apply to
strict construction regarding implied repeal apply ex different transactions involving loan or forbearance of
proprio vigore. money, goods or credits, as well as judgments relating
Legislature is presumed to know the existing law so that to such load or forbearance of money, goods, or credits,
if repeal of particular or specific law or laws is the Central Bank Circular applies.
intended, the proper step is to so express it. In cases requiring the payment of indemnities as
damages, in connection with any delay in the
Valdez v. Tuason performance of an obligation other than those involving
“such a clause repeals nothing that would not be equally loan or forbearance of money, goods or credits, Art
repealed without it. 2209 of the CC applies
Either with or without it, the real question to beCourts are slow to hold that one statute has repealed another
determined is whether the new statute is in fundamental by implication and they will not make such adjudication if
and irreconcilable conflict with the prior statute onthey the can refrain from doing so, or if they can arrive at
subject. another result by any construction which is just and
Significance of the repealing clause: the presence of such reasonable.
general repealing clause in a in
later statute clearly indicates Courts will not enlarge the meaning of one act in order to
the
Repeallegislative
subject
A
With
by
later
special
regarded
law,
the
result.
implication
such
matter
general
clause
the
clause
intent
law
prior
as
whether
islaw
on
an
not
to
acontained
special
clear
the
exception
repeal
will
favored
or
same
legislative
ordinarily
not
law
all subject,
the
prior
to
will
thethe
prior
be
subsequent
inconsistent
intent
not
former.
asdeemed
law
the
repeal
toislatter
bring
a general
special
repealed,
alaws
isprior
about
generally
onlaw.
theadopt
as
that
decide
by implication
Applies
an
that
repeals
interpretation
is
even
Leges
As
repeals
unless
prior
between
if the
posteriors
it
another
ones
later
isleading
reason
two
inevitable
which
act
laws,
of
by
priores
is
thereof
to
the
are
m
implication,
an
one
and
earlier
ade
not
adjudication
can
contrarias
passed
ato
repugnant
clear
take
law.
be (later
nor
adduced.
later
effect
andof
abrogant
will
thereto.)
prevails
explicit
statute
repeal
ahead
they
 As between two acts, the one passed later and going into General law yields to the special law in the specific law in
effect earlier will prevail over one passed earlier and going the specific and particular subject embraced in the latter.
into effect later. Applies irrespective of the date of passage of the special law.

Application of rule
Manila Trading & Supply Co. v. Phil. Labor Union
an act passed April 16 th and in force April 21 st was held Sto. Domingo v. De los Angeles
The
to prevail over an act passed April 9 t h and in effect July court invariably ruled that the special law is not
4th of the same year. impliedly repealed and constitutes an exception to the
And an act going into effect immediately has been held general law whenever the legislature failed to indicate
to prevail over an act passed before but going into effect in unmistakable terms its intent to repeal or modify the
later. prior special act.
Whenever two statutes of different dates and of contrary
tenor are of equal theoretical application to a particular case,
the statute of later date must prevail, being a later expression
of legislative will. NAPOCOR v. Arca
Issue: whether Sec. 2 of Com. Act 120 creating the
Philippine National Bank v. Cruz NAPOCOR, a government-owned corporation, and
As between the order of preference of credit set forth in empowering it “to sell electric power and to fix the rates
Articles 2241 to 2245 of the CC and that of Article 110 and provide for the collection of the charges for any
of the Labor Code, giving first preference to unpaid services rendered: Provided, the rates of charges shall
wages and other monetary claims of labor, the former not be subject to revision by the Public Service Act has
must yield to the latter, being the law of the later been repealed by RA 2677 amending the Public Service
enactment. Act and granting the Public Service Commission the
jurisdiction to fix the rate of charges of public utilities
The later law repeals an earlier one because it is the later
owned or operated by the government or government-
legislative will.
owned corporations.
Presumption: the lawmakers knew the older law and
intended to change it. Held: a special law, like Com. Act 120, providing for a
particular case or class of cases, is not repealed by a
In enacting the older law, the legislators could not have
subsequent statute, general in its terms, like RA 2677,
known the newer one and could not have intended to
although the general statute are broad enough to include
change what they did not know.
the cases embraced in the special law, in the absence of
CC: laws are repealed only by subsequent ones, not the a clear intent to repeal.
other way around.
There appears no such legislative intent to repeal or
abrogate the provisions of the earlier law.
David v. COMELEC
The explanatory note to House Bill 4030 the later
Sec. 1 of RA 6679 provides that the term of barangay
became RA 2677, it was explicit that the jurisdiction
officials who were to be elected on the second Monday
conferred upon the Republic Service Commission over
of May 1994 is 5 years
the public utilities operated by government-owned or
The later act RA 7160 Sec 43 (c) states that the term of controlled corporations is to be confined to the fixing of
office of barangay officials who were to be elected also rates of such public services
on the 2n d Monday of May 1994 is 3 years. The harnessing and then distribution and sale of electric
There being a clear inconsistency between the two laws, power to the consuming public, the contingency
the later law fixing the term barangay officials at 3intended to be met by the legal provision under
years shall prevail. consideration would not exist.
The authority of the Public Service Commission under
General law does not repeal special law, generally RA 2677 over the fixing of rate of charges of public
A general law on a subject does not operate to repeal a prior utilities owned or operated by GOCC’s can only be
special law on the same subject, unless it clearly appears that exercised where the charter of the government
the legislature has intended by the later general act to m odify corporation concerned does not contain any provision to
or repeal the earlier special law. the contrary.
Presumption against implied repeal is stronger when of two
laws, one is special and the other general and this applies Philippine Railway Co. v. Collector of Internal Revenue
even though the terms of the general act are broad enough to PRC was granted a legislative franchise to operate a
include the matter covered by the special statute. railway line pursuant to Act No. 1497 Sec. 13 which
The law.
Reason
General
Generalia
nullify
legislature
circumstances
and
constituting
legislature
why
and
that
aaspecial
specific
special
specialibus
repugnancy
considers
theofspecial
laws
law
or
thespecial
prevails
particular
are
non
and
and
law
between
read
derogant
makes
law
makes
as
over
and
case.
an athem
exception
provision
construed
–general
provision
aisgeneral
law:
to
reconciled
together,
forthe
forthe
all
law
general
all
the
does
by
the
read:
paid
notoperation
law
all
charters
charges,
earnings
39,
Sec
annually,
existing
granting
by
“In
provides
259
centum
of
the
consideration
and
of
orof
the
xxx
Internal
grantee
and
areceipts
this
percentages
that
of
corporation
an
franchise
the
concession
future
“there
amount
Revenue
gross
from
toofshall
the
as
franchises,
tax
equal
earnings
upon
the
are
orCode,
be
Philippine
ofbusiness
franchise,
premises
to
specified
whom
collected
5%
one-half
ofasthe
upon
amended
ofcovered
suc
grantee
there
in
Government,
and
such
inof
the
the
franchises
respect
shall
one
of
special
by
by
taxes,
xxx.”
gross
RA
per
the
be
to
 are conferred, whichever is higher, unless the provisions Valera v. Tuason
hereof preclude the imposition of a higher tax xxx. A subsequent general law on a subject has repealed or
Issue: whether Section 259 of the Tax Code has amended a prior special act on the same subject by
repealed Section 13 of Act 1497, stand upon a different implication is a question of legislative intent.
footing from general laws. Intent to repeal may be shown in the act itself the
Once granted, a charter becomes a private contract and explanatory note to the bill before its passage into law,
cannot be altered nor amended except by consent of all the discussions on the floor of the legislature,
concerned, unless the right to alter or repeal is expressly
reserved. Intent to repeal the earlier special law where the later general
Reason: the legislature, in passing a special charter, has act provides that all laws or parts thereof which are
its attention directed to the special facts and inconsistent therewith are repealed or modified accordingly
circumstances in the particular case in granting a special If the intention to repeal the special law is clear, then the rule
charter, for it will not be considered that the legislature, that the special law will be considered as an exception to the
by adopting a general law containing the provisions general law does not apply; what applies is the rule that the
repugnant to the provisions of the charter, and without special law is deemed impliedly repealed.
any mention of its intention to amend or modify the A general law cannot be construed to have repealed a special
charter, intended to amend, repeal or modify the special law by mere implication admits of exception.
act.
The purpose of respecting the tax rates incorporated in City Government of San Pablo v. Reyes
the charters, as shown by the clause. Sec. 1 PD 551 provides that any provision of law or
local ordinance to the contrary, the franchise tax
LLDA v. CA payable by all grantees of franchise to generate,
Issue: which agency of the government, LLDA or the distribute, and sell electric current for light, heat, and
towns and municipalities compromising the region power shall be 25 of their gross receipts.
should exercise jurisdiction over the Laguna Lake and Sec. 137 of the LGC states: Notwithstanding any
its environs insofar as the issuance of permits for exemption granted by any law or other special law, the
fishery privileges is concerned. province may impose a tax on business enjoying a
The LLDA statute specifically provides that the LLDA franchise at a rate not exceeding 50% of 1% of the gross
shall have exclusive jurisdiction to issue permits for the annul receipts.
use of all surface water for any projects in or affecting Held: the phrase is all-encompassing and clear that the
the said region, including the operation of fish pens. legislature intended to withdraw all tax exemptions
RA 7160 the LGC of 1991 grants the municipalities the enjoyed by franchise holders and this intent is made
exclusive authority to grant fishery privileges inmore manifest by Sec. 193 of the Code, when it
municipal waters. provides that unless otherwise provided in this code tax
Held: two laws should be harmonized, and that the LLA exemptions or incentives granted to or presently
statute, being a special law, must be taken as an enjoyed by all persons, except local water districts,
exception to RA 7160 a general law, cooperatives, and non-stock and non-profit hospitals
and educational institutions, are withdrawn upon the
Garcia v. Pascual effectivity of the Code.
Clerks of courts municipal courts shall be appointed by
the municipal judge at the expense of the municipality Gaerlan v. Catubig
and where a later law was enacted providing thatIssue: whether Sec. 12 of RA 170 as amended, the City
employees whose salaries are paid out of the municipal Charter of Dagupan City, which fixed the minimum age
funds shall be appointed by the municipal mayor, the qualification for members of the city council at 23 years
later law cannot be said to have repealed the prior law has been repealed by Sec.6 of RA 2259
as to vest in the municipal mayor the power to appoint Held: there was an implied repeal of Sec. 12 of the
municipal cleck of court, as the subsequent law should charter of Dagupan City because the legislative intent to
be construed to comprehend only subordinate officials repeal the charter provision is clear from the fact that
of the municipality and not those of the judiciary. Dagupan City, unlike some cities, is not one of those
cities expressly excluded by the law from its operation
Gordon v. CA and from the circumstance that it provides that all acts
A city charter giving real estate owner a period of one or parts thereof which are inconsistent therewith are
year within which to redeem a property sold by the city repealed.
for nonpayment of realty tax from the date of suchThe last statute is so broad in its terms and so clear and
auction sale, being a special law, prevails over a general explicit in its words so as to show that it was intended
Sto. Domingo
Whenspecial
There The law
special
not
always
Civil
Delosgranting
isv.members
the
suspension
law.
or
redemption.
apply
general
Angeles
Service
a of
with landowners
partial
orthe
law
removal
respect
local
law
repeal
repeals awhere
police
on
tooftheperiod
the
civil
the
force. of two
suspension
other.
procedure
service
the years
later act tothe
employees
or for ismake
removal does
a of Ato cities
A
impliedly
charter,
where
Statute
the
subsequent
cover
charter
reason
prevails
anotwithstanding
remains
the
statute
the
modified
Bagatsing
ofthat
whole
general
over
ageneral
city,
asupreme
ischarter
any
controlling,
or
subject
v.laws
which
superseded
Ramirez
conflicting
law
any
prior
in
must
and
and
all
similarly
is
ofpublic
statute.
not
amatters
it
its
therefore
must
by
special
particular
charter
beapolicy
applicable
inconsistent
be
later
not
toprovision,
law,
read
purely
displace
of
statute,
provisions.
the
may
into
to
local.
state.
with
and
the
for
all
be
 A charter must yield to the constitution and general
laws of the state. On jurisdiction to try criminal case
Once a jurisdiction to try a criminal case is acquired, that
jurisdiction remains with the court until the case is finally
Philippine International Trading Corp v. CoA determined.
CoA contended that the PITC charter had been A subsequent statute amending or repealing a prior act under
impliedly repealed by the Sec. 16 RA 6758 which the court acquired jurisdiction over the case with the
Held: that there was implied repeal, the legislativeeffect of removing the courts’ jurisdiction may not operate to
intent to do so being manifest. oust jurisdiction that has already attached.
PITC should now be considered as covered by laws
prescribing a compensation and position classification On actions, pending or otherwise
system in the government including RA 6758. Rule: repeal of a statute defeats all actions and proceedings,
including those, which are still pending, which arose out of
Effects of repeal, generally or are based on said statute.
Appeal of a statute renders it inoperative as of the date the The court must conform its decision to the law then existing
repealing act takes effect. and may, therefore, reverse a judgment which was correct
Repeal is by no means equivalent to a declaration that the when pronounced in the subordinate tribunal, if it appears
repealed statute is invalid from the date of its enactment. that pending appeal a statute which was necessary to support
The repeal of a law does not undo the consequences of the the judgment of the lower court has been withdrawn by an
operation of the statute while in force, unless such result is absolute repeal.
directed by express language or by necessary implication,
except as it may affect rights which become vested when the On vested rights
repealed act was in force. repeal of a statute does not destroy or impair rights that
accrued and became vested under the statute before its
Ramos v. Municipality of Daet repeal.
BP 337 known as the LGC was repealed by RA 7160 The statute should not be construed so as to affect the rights
known as LGC of 1991, which took effect on January which 1, have vested under the old law then in force, or as
1992. requiring the abatement of actions instituted for the
Sec. 5 (d) of the new code provides that rights and enforcement of such rights.
obligations existing on the date of the effectivityRights of the accrued and vested while a statute is in force
new code and arising out of contracts or any other ordinarily survive its repeal.
source of prestation involving a local government unit The constitution forbids the state from impairing, by
shall be governed by the original terms and conditions enactment or repeal of a law, vested rights or the obligations
of said contracts or the law in force at the time such of contract, except in the legitimate exercise of police power.
rights were vested.
Buyco v. PN B
On jurisdiction, generally Where a statute gives holders of backpay certificates the
Neither the repeal nor the explanation of the law deprives the right to use said certificates to pay their obligations to
court or administrative tribunal of the authority to act on the government financial institutions, the repeal of the law
pending action and to finally decide it. disallowing such payment will not deprive holders
General rule: where a court or tribunal has already acquired thereof whose rights become vested under the old law
and is exercising jurisdiction over a controversy, its of the right to use the certificates to pay their
jurisdiction to proceed to final determination of the cause is obligations to such financial institutions.
not affected by the new legislation repealing the statute
which originally conferred jurisidiction. Un Pak Leung v. Nigorra
Rule: once the court acquires jurisdiction over a controversy, A statute gives an appellant the right to appeal from an
it shall continue to exercise such jurisdiction until the final adverse decision, the repeal of such statute after an
determination of the case and it is not affected by subsequentappellant has already perfected his appeal will not
legislation vesting jurisdiction over such proceedings in destroy his right to prosecute the appeal not deprive the
another tribunal admits of exceptions. appellate court of the authority to decide the appealed
Repeal or expiration of a statute under which a court or case.
tribunal originally acquired jurisdiction to try and decide a
case, does not make its decision subsequently rendered Republic v. Migrino
thereon null and void for want of authority, unless otherwise Issue: whether prosecution for unexplained wealth
provided. under R A 1379 has already prescribed.
In thesetting
Where expiration
under
act
subject
pursuant
proceedings
the
have
absence
aon
court
jurisdiction
expiration
the
law
the
aaside
case
to
to
effect
old
or
declares
or
ofwhat
does
forfeiture
tribunal
the
involving
law,
repeal
aof
to
decision
oflegislative
the
not
is
continue
making
certain
an
of
the
the
divest
latter
such
illegal
by
acourt
of
law
statute
the
the
importations
initiated
to
illegal
intent
or
transaction,
during
resolve
illegal
Commissioner
commissioner
tribunal
Commissioner
does
transaction.
toforfeiture
importation
not
the
theofrender
so
to
case,
contrary,
the
pendency
as
be
on
of
proceedings,
authority
to
nor
legal
of
the
Customs
illegal,
legal
deprive
does
matter.
the
Customs
what,
of
orWhere
to
itwill
the
of
of
the
Held:
that
law
not
deemed
aItcontract
then
affect
he
must
“inmay
obtaining,
amended
his
the
beisno
pointed
terms
pleadings,
entered
Onlonger
or
contracts
the
of
ofrepealed
out
into
repeal
the
be
that
prescription.
1987
private
parties
by
contract
prosecuted
Sec.
or
the
by
Constitution.
amendment
Art.
parties
thereunder.
respondent
2 nor
RAXI,impair
because
1379
on
Sec.
the
ofshould
contends
15
the
said
basis
of
ofright
law
the
be
of
 Effect of repeal of tax laws abolishing all municipal offices then existing under the old
Rule favoring a prospective construction of statutes is municipality offices then the existing under the old
applicable to statutes which repeal tax laws. municipality, save those excepted in the charter itself.
Such statute is not made retroactive, a tax assessed before the
repeal is collectible afterwards according to the law in force Repeal or nullity of repealing law, effect of
when the assessment or levy was made. When a law which expressly repeals a prior law is itself
repealed, the law first repealed shall not thereby revived
Effect of repeal and reenactment unless expressly so provided
Simultaneous repeal and reenactment of a statute does not Where a repealing statute is declared unconstitutional, it will
affect the rights and liabilities which have accrued under the have no effect of repealing the former statute, the former or
original statute, since the reenactment neutralizes the repeal old statute continues to remain in force.
and continues the law in force without interruption.
The repeal of a penal law, under which a person is charged CHAPTER ELEVEN: Constitutional Construction
with violation thereof and its simultaneous reenactment
penalizing the same act done by him under the old law, will Constitution defined
not preclude the accused’s prosecution, nor deprive the court fundamental law which • sets up a form of government and
of the jurisdiction to try and convict him. defines and delimits the powers thereof and those of its
officers, reserving to the people themselves plenary
People v. Almuete sovereignty
Where the reenactment of the repealed law is not written charter enacted • and adopted by the people by which a
simultaneous such that the continuity of the obligation government for them is established
and the sanction for its violation form the repealed law permanent in nature • thus it does not only apply to existing
to the reenacted law is broken, the repeal carries with it conditions but also to future needs
the deprivation of the court of its authority to basically try, it is the fundamental
• laws for the governance and
convict, and sentence the person charged with violation administration of a nation
of the old law to its repeal. absolute• and unalterable except by amendments
all•other laws are expected to conform to it
Effect of repeal of penal laws
Where the repeal is absolute, so that the crime no longer Origin and history of the Philippine Constitutions
exists, prosecution of the person charged under the old law • 1935 Constitution
cannot be had and the action should be dismissed.
Where the repeal of a penal law is total and absolute and the – People
explained v. Linsangan
as to how this Constitution came
act which was penalized by a prior law ceases to be criminal about:
under the new law, the previous offense is obliterated. Tydings-Mcduffie Law- • allowed the Filipinos to adopt a
That a total repeal deprives the courts of jurisdiction to try, constitutions but subject to the conditions prescribed in the
convict, and sentence, persons, charged with violations of the Act.
old law prior to the repeal. o Required 3 steps:
Repeal of a statute which provides an indispensable element drafting and approval of the constitution
in the commission of a crime as defined in the RPC likewise must be authorized
operates to deprive the court of the authority to decide the it must be certified by the President of
case, rule rests on the same principle as that concerning the the US
effect of a repeal of a penal law without qualification. it must be ratified by the people of the
Reason: the repeal of a penal law without disqualification is Philippines at a plebiscite
a legislative act of rendering legal what is previously decreed • 1973 Constitution
as illegal, so that the person who committed it is as if he o adopted in response to popular clamor to meat the
never committed an offence problems of the country
Exception: o March 16, 1967: Congress passed Resolution No.2,
where the repealing act reenacts the statute and which was amended by Resolution No. 4, calling a
penalizes the same act previously penalized under the convention to propose amendments to the
repealed law, the act committed before reenactment Constitution
continues to be a crime, and pending cases are not • 1987 Constitution
thereby affected. o after EDSA Revolution
Where the repealing act contains a saving clause o also known as the 1987 Charter
providing that pending actions shall not be affected, the Primary purpose of constitutional construction
latter will continue to be prosecuted in accordance with
Distinction
In
Effect
Theabsolute
repeal
conversation
conviction
its
an
ofofend
repeal
arepeal
the
charter
of
as
repeal,
toaold
to
is
the
charter
of
of
effect
erased.
of
law.
functions
municipal
an
the
ora accused
municipality
aof
crime
destroys
repeal
statute
of
charter
isfor
the
obliterated
and
all
to
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incumbents.
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 • Its stability protects the rights, liberty, and property of the
people (rich or poor) words which have acquired
• a technical meaning before they
• It must be construed as a dynamic process intended to stand are used in the constitution must be taken in that sense when
for a great length of time to be progressive and not static such words as thus used are construed
• What it is NOT:
o It should NOT change with emergencies or Aids to construction, generally
conditions apart from its language
• courts may refer to the following in
o It should NOT be inflexible construing the constitution:
o It should NOT be interpreted narrowly o history
• Words employed should not be construed to yield fixed and o proceedings of the convention
rigid answers because its meaning is applied to meet new or o prior laws and judicial decisions
changed conditions as they arise o contemporaneous constructions
• Courts should construe the constitution so that it would be o consequences of alternative interpret-tations
consistent with reason, justice and the public interest these aids are called • extraneous aids because though their
effect is not in precise rules their influence describes the
How language of constitution construed essentials of the process (remember preamble? ganito lang
• primary source in order to ascertain the constitution is the din yun)
LANGUAGE itself
• The words that are used are broad because it aims to cover
all contingencies
• Words must be understood in their common or ordinary
meaning except when technical terms are employee Realities existing at time of adoption; object to be accomplished
o WHY? Because the fundamental law if essentiallyHistory basically helps • in making one understand as to how
a document of the people and why certain laws were incorporated into the constitution.
• Do not construe the constitution in such a way thatInitsconstruing constitutional • law, the history must be taken
meaning would change into consideration because there are certain considerations
• What if the words used have both general and restricted rooted in the historical background of the environment at the
meaning? time of its adoption (Legaspi v. Minister of Finance)
• Rule: general prevails over the restricted unless the contrary
is indicated. Aquino v. COMELEC
Issue: what does the • term “incumbent president in sec. 3 of
Ordillo v. COMELEC Article 17 of the 1973 Constitution refer to?
• Issue: whether the sole province of Ifugao can be validly Held: History shows • that at that time the term of President
constituted in the Cordillera Autonomous Region Marcos under was to terminate on December 30, 1973, the new
Section 15, Article 10 constitution was approved on November 30, 1972 still during
• Held: No. the keywords provinces, cities, municipalities and his incumbency and as being the only incumbent president at
geographical areas connotes that a region consists of more the time of the approval it just means that the term
than one unit. In its ordinary sense region means two or more incumbent president refers to Mr. Marcos
provinces, thus Ifugao cannot be constituted the CordilleraJustice Antonio concurring • opinion states: the only rational
Autonomous Region way to ascertain the meaning and intent is to read its
language in connection with the known conditions of affairs
Marcos v. Chief of Staff out of which the occasion for its adoption had arisen and
• Issues: then construe it.
o the meaning or scope of the words any court in
Section 17 Article 17 of the 1935 Constitution In re Bermudez
o Who are included under the terms inferior court in incumbent president • referred to in section 5 of Article 18 of
section 2 Article 7 the 1987 constitution refers to incumbent President Aquino
• Held: Section 17 of Article 17 prohibits any members of the and VP Doy Laurel
Congress from appearing as counsel in any criminal case x x
x. This is not limited to civil but also to a military court or Civil Liberties Union v. Executive Secretary
court martial since the latter is also a court of law and justice issue: whether EO 284, • which authorizes a cabinet member,
as is any civil tribunal. undersecretary and assistant secretary to hold not more than
• Inferior courts are meant to be construed in its restricted two positions in the government and GOCCs and to receive
sense and accordingly do not include court martials corresponding
or compensation therefore, violates Sec. 13, Art.
Lozada military
• v COMELEC
and do
inferior
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same
contrary
the
national courts
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Pambansa
term for
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1987
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 President, Vice President, members of the Cabinet, their
deputies and assistants with respect to holding multiple Previous laws and judicial rulings
government offices or employment in the Government framers of the constitution
• is presumed to be aware of
during their tenure, the exception to this prohibition mustprevailing
be judicial doctrines concerning the subject of
read with equal severity constitutional provisions. THUS when courts adopt
• on its face, the language of Sec 13 Art. 7 is prohibitory so principles different from prior decisions it is presumed that
that it must be understood as intended to be a positive and they did so to overrule said principle
unequivocal negation of the privilege of holding multiple
government offices or employment Changes in phraseology
Before a constitution•is ratified it undergoes a lot of revisions
Proceedings of the convention and changes in phraseology (ex. deletion of words) and these
• RULE: If the language of the constitutional provision ischanges
plain may be inquired into to ascertain the intent or
it is not necessary to resort to extrinsic aids purpose of the provision as approved
• EXCEPTION: when the intent of the framer doesn’t appear HOWEVER mere •deletion, as negative guides, cannot
in the text or it has more than one construction. prevail over the positive provisions nor is it determinative of
• Intent of a constitutional convention member doesn’t any conclusion.
necessarily mean it is also the people’s intent Certain provisions in• our constitution (from 1935 to the
• The proceedings of the convention are usually inquired into are mere reenactments of prior constitutions thus
present)
because it sheds light into what the framers of these the changes may indicate an intent to modify or change the
constitution had in mind at that time. (refers to the debates, meaning of the old provisions.
interpretations and opinions concerning particular
provisions) Galman v. Pamaran
the phrase” no person• shall be x x x compelled in a crim inal
Luz Farms v. Secretary of DAR case be a witness against himself” is changed in such a way
• Whether the term “agriculture” as used in the Constitution the words criminal cases had been deleted simply means that
embraces raising livestock, poultry and swine it is not limited to criminal cases only.
• Transcript of the deliberations of the Constitutional
Commission of 1986 on the meaning of “agriculture” clearly Consequences of alternative constructions
shows that it was never the intention of the framers of the consequences that may• follow from alternative construction
Constitution to include livestock and poultry industry in of the doubtful constitutional provisions constitute an important
coverage of the constitutionally-mandated agrarian reform factor to consider in construing them.
program of the Government if a provision has• more than one interpretation, that
• Agricultural lands do not include commercial industrial,construction and which would lead to absurd, impossible or
residential lands mischievous consequences must be rejected.
• Held: it is evident in the foregoing discussion that Sec 2 ofe.g. directory and mandatory • interpretation: Art. 8 Sec 15(1)
RA 6657 which includes “private agricultural lands devoted requires judges to render decision within specific periods
to commercial livestock, poultry and swine raising” in the from date of submission for decision of cases (construed as
definition of “commercial farms” is INVALID, to the extent directory because if otherwise it will cause greater injury to
of the aforecited agro-industrial activities are made to be the public)
covered by the agrarian reform program of the State
Constitution construed as a whole
Montejo v. COMELEC provision should not• be construed separately from the rest it
• Whether the COMELEC has the power to transfer, should by be interpreted as a whole and be harmonized with
resolution, one or more municipalities from one conflicting provisions so as to give them all force and effect.
congressional district to another district within a province, sections in the constitution • with a particular subject should
pursuant to Sec 2 of the Ordinance appended to the 1987 be interpreted together to effectuate the whole purpose of the
Constitution Constitution.
• The Court relied on the proceedings of the Constitutional
Commission on “minor adjustments” which refers only to Tolentino v. Secretary of Finance
the instance where a municipality which has been forgotten • VAT Law, passage of bill
(ano ba ‘to…kinalimutan ang municipality) is included in the involved are article • 6 Sec. 24 and RA 7716 (VAT Law)
enumeration of the composition of the congressional district contention of the petitioner: • RA 7716 did not originate
and not to the transfer of one municipality from one district exclusively from the HOR as required by the Constitution
to another, which has been considered a substantive or major because it is the result of the consolidation of two distinct
adjustment bills.
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• maytwo
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 • failure of the legislature to enact the necessary required by
the constitution does not make the legislature is illegal.

Prospective or retroactive
• RULE: constitution operates prospectively only unless the
words employed are clear that it applies retroactively

Magtoto v. Manguera
• Sec 20 of Article IV of the 1973 Constitution: “no person
shall be compelled to be a witness against himself. x x x Any
confession obtained in violation of this section shall be
inadmissible in evidence”
• Court held that this specific portion of the mandate should be
given a prospective application

Co v. Electric Tribunal
• Sec. 1(3) Art. 4 of the 1987 Constitution states that those
born before January 17, 1973 of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority” are
citizens of the Philippines has a retroactive effect as shown
to the clear intent of the framers through the language used

Applicability of rules of statutory construction

• Doctrines used in Sarmiento v. Mison is a good example in
which the SC applied a number of rules of statutory
construction.
• Issue: whether or not the appointment of a Commissioner of
Customs is subject to confirmation by the Commission on
appointments

Generally, constitutional provisions are self-executing

• RULE: constitutional provisions are self executing except
when provisions themselves expressly require legislations to
implement them.
• SELF EXECUTING PR OVISIONS- provisions which are
complete by themselves and becomes operative without the
aid of supplementary legislation.
• Just because legislation may supplement and add or prescribe
a penalty does not render such provision ineffective in the
absence of such legislation.
• In case of Doubt? C onstrue such provision as self executing
rather than non-self executing.

Manila Prince Hotel v. GSIS

• Issue: w/n the sale at public bidding of the majority
ownership of the Manila Hotel a qualified entity can match
the winning bid of a foreigner
• Held: resolution depends on whether the issue is self
executing or not. The court ruled that the qualified Filipino
entity must be given preference by granting it the option to
match the winning bid because the provision is self
executing.

- The End -
“That in all things, GOD may be glorified”