CHAPTER I STATUTORY CONSTRUCTION, ITS CONCEPT, PURPOSE AND EFFECT Statutory Construction the act or process of discovering and

and expounding the meaning and intention of the authors of the law. Construction vs. Interpretation Construction uses EXTRINSIC AIDS Interpretation uses INTRINSIC AIDS When NECESSARY to interpret and construct?

Who interprets the law? Anyone can interpret the law, however, it is not necessarily conclusive nor can they bind the courts. The JUDICIARY has the delicate task of ascertaining the significance of a constitutional or statutory provision, an executive order, a procedural or a municipal ordinance. THE PRESENT STRUCTURE OF GOVERNMENT AND HOW THIS AFFECTS INTERPRETATION AND CONSTRUCTION OF STATUTES. 1. LEGISLATIVE POWER make laws and to alter or repeal them. a) ORIGINAL legislative power power BELONGING to the sovereign people and this is SUPREME.

1.

When the language of the statute is AMBIGUOUS, DOUBTFUL, or OBSCURE; When REASONABLE MINDS DISAGREE AS TO THE MEANING.

2.

When NOT NECESSARY to interpret and construct? When the law speaks in clear and categorical language, APPLY THE LAW, DO NOT INTERPRET. 2.

b) DERIVATIVE legislative power DELEGATED by the sovereign people to the legislative bodied and it is SUBORDINATE to the original power of the people. JUDICIAL POWER a) Traditional authority to settle justiciable controversies or disputes involving rights that are enforceable and demandable before the courts of justice or the redress of wrongs for the violation of such rights.

AMBIGUITY doubtfulness, doubleness of meaning, indistinctness or uncertainty of meaning of an expression used in a written instrument. When a literal interpretation would result to unreasonable, unjust or absurd consequences, or where a statute is in conflict with the Constitution. Most basic rules to remember: First. Law speaks in clear and categorical language APPLY THE LAW Second. When there is ambiguity in the language of the statute, ascertain legislative intent, use intrinsic aids INTERPRET THE LAW Third. When the intent cannot be ascertained using intrinsic aids, resort to extrinsic aids CONTRUCT THE LAW

b) New definition to determine whether or not here has been a grave abuse of discretion amounting to lack or excess of jurisdiction on any part of any branch or instrumentality of the Government. RULES in the exercise of Judicial Power: 1. When the law is clear APPLY; do not interpret; In case of doubt, it is presumed that the lawmaking body intended right and justice to prevail; Court should interpret according to the meaning the legislature intended to give it; If there are two possible interpretations; that which will achieve the ends DESIRED BY CONGRESS should be adopted; Laws of pleadings, practice and procedures are liberally construed in order to promote their object and to assist the parties in obtaining just, speedy and inexpensive determination of every action and proceeding;

2.

Three CARDINAL RULES when the wordings of the CONSTITUTION are subject to interpretation: 1. VERBA LEGIS Words used in the Constitution must be given their ORDINARY MEANING, except when technical terms are employed. RATIO LEGIS ET ANIMA Words in the Constitution should be interpreted in ACCORDANCE WITH THE INTENT OF ITS FRAMERS. UT MAGIS VALEAT QUAM PEREAT Constitution must be interpreted as a WHOLE.

3.

4.

2.

5.

3.

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6.

A judge cannot decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. A judge must be guided by the following: a) CUSTOMS; not contrary to law, public order or policy;

Third. PRESUMPTION based on logic or established provision of law. What are INTRINSIC AIDS? 1. 2. TITLE expresses the subject matter of the law. PREAMBLE reasons or objectives of the enactment. WORDS, PHRASES AND SENTENCES, CONTEXT taken from the general consideration of the act as a WHOLE. PUNCTUATION aid of low degree and can never control against the intelligible meaning of the written word. HEADINGS and MARGINAL NOTES LEGISLATIVE DEFINITION and INTERPRETATION

b) COURT DECISIONS; similar cases; c) LEGAL OPINIONS; qualified writers and professors;

3.

d) GENERAL PRINCIPLES OF EQUITY AND JUSTICE; e) RULES OF CONSTRUCTION. STATUTORY

4.

5. 6.

3.

EXECUTIVE DEPARTMENT the PRESIDENT OF THE PHILIPPINES shall have control of all executive departments, bureaus and offices. EXECUTIVE POWER power to ENFORCE AND ADMINISTER the laws. RESIDUAL POWERS power borne by the Presidents duty to preserve and defend the Constitution. The Executive IS NOT REQUIRED to determine the validity of the law. This is to be resolved by the Judiciary. The President has the duty to execute it regardless of his doubts on its validity.

EXTRINSIC AIDS 1. CONTEMPORANEOUS CIRCUMSTANCES conditions existing at the time the law was enacted. a) History if the times and conditions existing at the time the law was enacted;

b) Previous state of the law; c) Evils sought to be remedied or corrected by the law;

d) Customs usages of the people. 2. POLICY general policy of the law or the settled policy of the State may enlighten the interpreter of the law as to the intention of the legislature in enacting the law. LEGISLATIVE HISTORY OF THE STATUTE found in reports of legislative committees, in the transcript of stenographic notes taken during a hearing, legislative investigation, or legal debates. CONTEMPORANEOUS AND PRACTICAL CONSTRUCTION those who lived at or near the time when the law was passed were more acquainted of the conditions and the reasons why the law was enacted. EXECUTIVE CONSTRUCTION given by the executive department. LEGISLATIVE CONSTRUCTION given great weight but it cannot control as against the courts

PRINCIPLE OF CHECK AND BALANCE: First. The laws emanate from the legislature. Second. The executive department may modify or set aside the judgment of the court. Third. The legislative department may amend or revoke the decisions of the court.

3.

CHAPTER II AIDS IN INTERPRETATION AND CONSTRUCTION In determining the intention of the legislature, the courts may use any of the following: First. INTRINSIC AIDS found in the law itself. Second. EXTRINSIC AIDS facts or matters not found in the law.

4.

5.

6.

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prerogative to decide on what is the right or wrong interpretation. 7. JUDICIAL CONSTRUCTION it should be followed only if it is reasonable, in harmony with justice and public policy and consistent with the local law. CONSTRUCTION BY COMMENTATORS THE BAR AND LEGAL

Strict legal sense a rule of conduct, just and obligatory, laid down by legitimate authority for the common observance and benefit. 1. It is a RULE OF CONDUCT serves as guidelines of an individual in relation to his fellowmen and to his community. Laws must be JUST It must be OBLIGATORY If laws are not enforced, the purpose for which they are intended will not be served. Laws must be PRESCRIBED BY LEGITIMATE AUTHORITY If laws are not prescribed by legitimate authority, the people could not be expected to observe them. Laws must be ordained for the COMMON BENEFIT Salus populi est suprema lex the welfare of the people is the supreme law.

8.

2. 3.

PRESUMPTIONS IN AIDS OF CONSTRUCTION 1. 2. 3. 4. Presumption of Validity Presumption of Constitutionality Presumption of Good Faith Presumption Against Injustice lawmaking body intended right and justice to prevail Presumption Against Inconsistency Presumption Against Absurdity Presumption Against Ineffectiveness Presumption Against Irrepealable Laws the need of today and the situation obtaining now will not most likely be the same in the years to come. Presumption Against Implied Repeal

4.

5.

5. 6. 7. 8.

CLASSIFICATION OF LAW 1. NATURAL LAW derives its force and authority from GOD. Superior to other laws. a) PHYSICAL LAW universal rule of action that govern the conduct and movement of things, which are non-free and material

9.

10. Presumption Against Violation of Public Policy 11. Presumption of Knowledge of Existing Laws 12. Presumption Construction of Acquiescence to Judicial

b) MORAL LAW what is right and what is wrong as dictated by human conscience and as inspired by the eternal law. c) DIVINE LAW i. DIVINE POSITIVE commandments LAW 10

13. Presumption of Jurisdiction 14. Presumption of Acting Within the Scope of Authority 15. Presumption Against Violation of International Law

ii.

DIVINE HUMAN POSITIVE LAW commandments of the church

2.

POSITIVE LAW a) PUBLIC LAW i. CONSTITUTIONAL LAW fundamental law of the land, defines the government. powers of the

CHAPTER III LAW, ITS CONCEPT AND CLASSIFICATION

LAW Defined Broadest sense means any rule of action or norm of conduct applicable to all kinds of action and to all objects of creation. ii.

ADMINISTRATIVE LAW fixes the organization;

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determines the competence of the administrative authorities; regulates the method by which the functions of the Government are performed.

KINDS OF STATUTES 1. As to NATURE a) Penal statutes

b) Remedial statutes iii. INTERNATIONAL LAW c) regulates the community nations. of d) Labor statutes e) b) PRIVATE LAW Creates duties, rights and obligations; and The means and methods of setting courts in motion for the ENFORCEMENT of a right or of a redress of wrong. i. SUBSTANTIVE PRIVATE LAW declare legal relations of litigants. PROCEDURAL OR ADJECTIVE PRIVATE LAW means and methods of setting the court in motion, making the facts known to them and effectuating their judgments. 3. 2. As to APPLICATION a) Mandatory Tax statutes Substantive statutes

b) Directory As to PERFORMANCE a) Permanent

ii.

b) Temporary 4. As to SCOPE a) General

SOURCES OF LAWS 1. 2. 3. LEGISLATION PRECEDENT Stare decisis CUSTOMS a) Proven as a fact according to the rules of evidence; c) Must be a number of uniformly performed repeated acts; 5.

b) Special c) Local

OTHER CLASSIFICATIONS a) Prospective/Retroactive

b) Repealing/Amendatory c) Reference/Declaratory

b) Must not be contrary to law; IDENTIFICATION OF STATUTES depends on the respective authorities that enacted them. 1. d) Must be judicial intention to make a rule of social conduct; e) Must be acknowledged and approved by society. 2. 3. 4. 4. COURT DECISION evidence of the meaning and interpretation of the laws. 5. STATUTES those enacted by the legislature. Bills submitted to Congress for consideration and approval. Once approved by the Congress and by the President, these bills become STATUTES. PUBLIC ACTS 1901 to 1935 COMMONWEALTH ACTS 1936 to 1946 REPUBLIC ACTS 1942 to 1972 BATAS PAMBANSA or BP approved by the Batasang Pambansa PRESIDENTIAL DECREES or PD issued by President Ferdinand Marcos during the martial law.

PARTS OF STATUTES

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1.

TITLE gives a general statement of, and calls attention to, the subject matter of an act. A bill can only embrace ONE SUBJECT MATTER To avoid HODGE-PODGE or LOG ROLLING legislation if hodge-podge, should be declared void by the courts To prevent SURPRISE OR FRAUD upon the legislature To FAIRLY APPRISE the people of the subjects of legislation being considered so that they may have the opportunity of being heard thereon, if they shall so desire.

Who are subject to Philippine Laws? Laws relating to FAMILY RIGHTS binding upon citizen of the Philippines, even though living abroad. REAL PROPERTY subject to the where it is located. INTESTATE and TESTAMENTARY PROVISIONS subject to the national law of the person whose succession is under consideration. Matter respecting REMEDIES (bringing of suits, admissibility of evidence, statute of limitations) depend upon the law of the PLACE WHERE THE SUIT IS BROUGHT.

2.

PREAMBLE states the REASONS or the OBJECTS of the enactment. ENACTING CLAUSE indicates the authority that promulgated the enactment; NOT ESSENTIAL to the validity of the law; only gives it dignity BODY contains the subject matter of the statute EXCEPTIONS AND PROVISOS restraint upon or as a qualification of, the generality of the language which it follows. INTERPRETATIVE, REPEALING, SEPARABILITY AND SAVING CLAUSES 3. Interpretative legislature defines its own language Repealing to terminate or revoke another statute or statutes Saving restricts a repealing act and preserves existing powers, rights and pending proceedings from the effects of the repeal Separability any section or provision of the statute is held to be unconstitutional or invoked, the other section or provision of the law shall not be affected thereby. 4. CHAPTER IV VALIDITY AND CONSTITUTIONALITY OF STATUTES REQUISITES OF JUDICIAL INQUIRY: 1. There must be an ACTUAL CASE or CONTROVERSY not hypothetical or one that is moot or academic. Must be raised by the PROPER PARTY one who has sustained or is in danger of sustaining an injury as a result of the act complained. Must be raised at the EARLIEST OPPORTUNITY CRIMINAL CASES at any time in the discretion of the court CIVIL CASES at any stage if it is necessary to the determination of the case itself. IN EVERY CASE, except where there is estoppel at any stage if it involves jurisdiction of the court.

3.

4. 5.

2.

6.

Must be NECESSARY TO THE DETERMINATION OF THE CASE when there are no other available grounds which it can base its decision.

7.

DATES OF EFFECTIVITY Shall be published first to take effectivity, applies to all laws except to interpretative regulations and to those merely internal in nature. Ordinances (Local Government) effectivity is after the lapse of 10 days from the date a copy is posted in a bulletin board located in a conspicuous place.

EFFECT OF UNCONSTITUTIONAL STATUTE If TOTALLY declared unconstitutional: FIRST VIEW an unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is inoperative as though it has never been passed.

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SECOND VIEW an unconstitutional statute is nevertheless a statute; that is, a legislative act. The SC simply ignores statutes deemed unconstitutional If PARTIALLY declared unconstitutional:

SPECIAL PROVISION PREVAIL over general provisions, however, if it is possible to harmonize the general and special provision, said rule shall not apply. EXCEPTIONS: 1. The GENERAL LAW PREVAILS when it TREATS THE SUBJECT IN PARTICULAR and the special law refers to it in general; The GENERAL LAW PREVAILS when the legislature intended the general enactment to cover the whole subject and to repeal all prior laws inconsistent therewith.

The valid portion, if separable (can stand independently as a separate statute) from the invalid, may stand and be enforced. 2. EFFECT OF A STATUTE UNCONSTITUTIONAL WHICH IS DECLARED

ORTHODOX VIEW an unconstitutional act, whether legislative or executive, is not a law, confers no rights, imposes no duties and affords no protection. (APPLIED IN THE PHILIPPINES) o Exception is the OPERATIVE FACT when the law is declared unconstitutional, the effects prior to its declaration is left undisturbed as a matter of equity or fair play.

PARI MATERIA RULE all statutes relating to the same subject, or having the same general purpose, should be read and construed together as if they constituted one law. QUALIFICATIONS: 1. If statutes on the same subject were enacted at different times and under different conditions and circumstances, their interpretation should be in accordance with the circumstances or conditions peculiar to each (Distingue tempra et concordabis jura). A statute will not be construed as repealing prior act or acts on the same subject unless the new law is evidently intended to all prior laws of the matter. In case of doubt, the doubt will be resolved against implied amendment or repeal and in favor of harmonization of all laws on the subject.

SECOND the SC simply ignores statutes deemed unconstitutional. OF PARTIAL 2.

REQUISITE FOR DECLARATION UNCONSTITUTIONALITY 1.

Legislature is willing to retain the valid portion even if the rest is declared illegal (can be manifested in the SEPARABILITY CLAUSE); 3. That the valid portions can stand independently as a separate statute (must express the LEGISLATIVE WILL independently of the void part).

2.

CHAPTER V GENERAL PRINCIPLES IN THE CONSTRUCTION OF STATUTES Legislative intent must be ascertained from the statute as a WHOLE Optima statuli interpretatix est ipsum statum the best interpreter of the statute is the statute itself.

In interpreting REENACTED STATUTES, the court will follow the construction which such statute received when PREVIOUSLY IN FORCE. In the case of ADOPTED STATUTE, the interpretation of the courts of the state from which it is adopted should be considered. In case of CONFLICT BETWEEN A COMMON LAW PRINCIPLE and a STATUTORY PROVISION, the LATTER PREVAILS. IMPLIED REPEALS are not legally presumed in the absence of a clear and unmistakable showing of such intentions.

Courts have the duty to RECONCILE or HARMONIZE the different provisions of the statute including the conflicting provisions thereof. Each provision in a statute is inserted for a definite reason. As a rule, the statute of a LATER DATE PREVAILS. latest expression of the legislative intent.

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CHAPTER VI RULES OF CONSTRUCTION OF SPECIFIC STATUTES i.

v.

TAX Statutes o Seeks to impose burden upon persons and property; Interpreted strictly against the taxing power and liberally in favor of the taxpayer. Rules of construction applying to tax laws: 1. Real purpose of the legislature will prevail over the literal import of the words used; The spirit, rather than the letter of an ordinance; History of considered; the statute should be

As to NATURE: PENAL Statutes o Impose PUNISHMENT for an offense against the State; COMMANDS OR PROHIBITS certain acts and establish penalties for their violation; Interpreted AGAINST THE STATE LIBERALLY IN FAVOR OF THE ACCUSED; and o

2.

Words cannot be enlarged beyond the ordinary meaning of its terms.

3.

ii.

REMEDIAL Statutes 4. o Designed to CORRECT and existing law, REDRESS an existing grievance, or INTRODUCE regulations conducive to the public good. LIBERALLY CONSTRUED because it enacted to improve the law was i. MANDATORY o Contains words PROHIBITION; of COMMAND or TAX EXEMPTIONS are construed strictly against taxpayers and in favor of the taxing power.

As to APPLICATION:

iii.

SUBSTANTIVE Statutes o o o Laws which ESTABLISH RIGHTS AND DUTIES;

o What the law grants, the court cannot deny; Judges duty is to APPLY THE LAW if it is clear and there is no doubt; In case of doubt, the judge should presume that the LAWMAKING BODY INTENDED RIGHT AND JUSTICE TO PREVAIL. He must not read in any way of creation. He must not read out except to avoid patent nonsense of internal contradictions. ii.

Non-compliance renders the proceedings to which it relates ILLEGAL and VOID;

DIRECTORY o Those which are permissible or discretionary; No injury can result from ignoring it.

TEST in DETERMINING DIRECTORY in nature: 1.

if

MANDATORY

or

iv.

LABOR Statutes o Govern the RIGHT AND OBLIGATIONS OF EMPLOYERS AND EMPLOYEES, providing the rules on which it may be ENFORCED. Art. IV of New Labor Code All doubt in the implementation and interpretation of the provisions of this code, including its implementing rules and regulations, shall be resolved IN FAVOR OF LABOR. 3. 2.

TERMINOLOGY Mandatory uses shall/must; directory uses may/it is lawful MATERIALITY of the provisions Provision which affect substantial rights, are the very essence of the thing to be done, are mandatory; provisions which do not affect substantial rights, do not relate to the essence of the thing to be done, compliance is for convenience rather than substance are directory. CONSEQUENCES a failure of performance will result to the injury or prejudice to the

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substantial rights of interested persons are mandatory; if not, directory. 4. PENALTY Penalty for failure to observe it, mandatory; otherwise, it is directory.

iii.

NATURALIZATION LAWS o The right of an alien to become a citizen by naturalization is merely a STATUTORY RIGHT STRICTLY AGAINST APPLICANT

o i. As to PERFORMANCE: PERMANENT o o o Not limited to a particular period of time; o Continues to be in force until it is duly altered or repealed. v. ii. TEMPORARY o Life or duration is fixed for a specified period of time iv.

STATUTES IMPOSING TAXES AND CUSTOMS DUTIES Imposes burdens to the public Strictly against taxing power; liberally in favor of taxpayer.

STATUTE AUTHORIZING SUITS AGAINST THE GOVERNMENT o o STRICTLY CONSTRUED The statute conferring the right to maintain the action MUST BE PLAIN AND POSITIVE, and its meaning should not be left to doubt.

i.

As to SCOPE GENERAL o Relates to persons, entity, or things as a class or operates equally or alike upon all of a class, omitting no persons, entity, or thing belonging to a class. vii. ii. SPECIAL o Relates to particular persons, entities, or things of a class. vi.

STATUTES PRESCRIBING LIMITATIONS ON THE TAXING POWER OF LOCAL GOVERNMENT UNITS o Strictly against NATIONAL GOVERNMENT, and liberally in favor of LGU. PENALTIES FOR NON-

STATUTE IMPOSING PAYMENT OF TAX o

Liberally in favor of GOVERNMENT, strictly against taxpayer. To facilitate the collection of taxes.

iii.

LOCAL o Its operation is confined within territorial limits other than that of a whole state. viii.

ELECTION LAWS o Construed liberally To give effect to the expressed will of the electorate

i.

OTHER STATUTES STATUTES IN DEROGATION OF RIGHTS ix. o o Such as price control laws. Strictly construed and rigidly confined to cases clearly within their scope of purpose

ADOPTION STATUTES

x. xi. xii. xiii. xiv. xv.

AMNESTY PROCLAMATION VETERAN AND PENSION LAWS GENERAL WELFARE LEGISLATION PROBATION LAW LAWS ON ATTACHMENT RULES OF COURT

ii.

STATUTES GRANTING PRIVILEGES o One who invokes a special privilege granted by a statute must COMPLY STRICTLY WITH ITS PROVISIONS

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xvi.

STATUTES PRESCRIBING QUALIFICATIONS FOR AN OFFICE ELECTION LAWS DISQUALIFICATION ON QUALIFICATION AND

xvii.

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