From the Lectures of Professor Ralph James Garcia Laman,
Attorney-at-Law/Real Estate Broker
Statutory Construction, Definition
It is the art of seeking the intention of the legislature in enacting a statute and of applying it to a given state of facts.
Legal Hermeneutics Systematic body of rules which are recognized as applicable to the construction and interpretation of legal writings. Application of said principles is termed EXEGESIS
When may courts resort to statutory construction? Only when the a statute is capable of more than one construction. When a statute is clear and unambiguous, inquiry into legislative intent ends.
REQUISITES of Statutory Construction 1.) There must be an actual case or controversy. 2.) There is ambiguity in the law involved in the controversy.
What is ambiguity? Capable of more than one meaning. Vs. Vagueness The information is lacking in detail. There is a lack in the definition. In Statutory Construction (Philippine jurisdiction), the distinction is moot, as the main purpose is the determination of LEGISLATIVE INTENT.
Power to construe the Law
The power to construe the law is essentially judicial. It is the judiciary that declares what the law is. It is the legislature that declares what the law shall be.
Judicial Legislation The power and duty of the courts to construe the law may not be used to modify, amend, remodel, or rewrite a statute. Judicial legislation is an usurpation of the power of the legislature and is a violation of the separation of powers.
Legislature cannot bind the Court The legislature cannot bind courts to a particular construction of an existing law. This is considered as an invasion of the jurisdiction of the judiciary. Endencia vs. David 93 Phil 696
Executive Construction Construction by the executive is not binding upon the courts. However, it is entitled to great weight and consideration as the executive is the branch of the government tasked to implement the law. (Ramos vs CIR GR No. L- 43760)
Construction of a partly void statute. Where the void part is separable from the valid, the valid part may stand and be enforced. Caveat: The valid portion must be independent that it may be presumed that the legislature enacted it even if the void part may be declared invalid. The main purpose of the statute must not be affected even with the invalidity of a provision
Purpose of Construction To ascertain the meaning and intention of the legislature. The determination of legislative intent. Every rule of construction must yield to the expression of the will of the legislature. The rules on statutory construction aids the court in ascertaining legislative intent.
Basic principles (not exclusive) The intention of the legislature must be ascertained and given effect. The law may not be enlarged beyond the actual words used. Matters not included in the law may not be incorporated Where the law does not distinguish, the court should not distinguish.
Legislative Intent The intent of the legislature when enacting a statute. The SOUL and ESSENCE of the law. Can only be discovered by: The history in enacting a statute. i.e. Congressional debates The evil aimed to be prevented.
Some principles (not exclusive) An interpretation which gives effect to the intent of the law and is in keeping with the modern trend of similar statutes should be followed. Every statute must receive a construction which will harmonize with the pre-existing body of laws. (LBP vs Obias) Statutes are deemed enacted pursuant tp the legislative policy embodied in prior statutes.
Courts must give effect to the legislative intent embodied in the four corners of the statute. To discover said intent, the whole statute must be considered, and not only a particular provision thereof.
CAVEAT (important) Rules of Construction not MANDATORY upon the courts. However, they may greatly influence by the rules of statutory construction.
Article 8 - New Civil Code. Judicial decisions interpreting the laws or the Constitution form part of the laws of the land.
The interpretation placed by the court upon a statute constitutes a part of it as of the date it was originally passed.
Common Law Vs. Civil Law
Common Law -generally uncodified, there is no comprehensive compilation of legal rules and statutes -largely based on PRECEDENT (judicial decisions)
PRECEDENT (Jurisprudence) -Judicial decisions already made in similar cases. - Also called Case Law. - Maintained over time through: - Court Records - Historical documents - Yearbooks - Reports
The role of precedents in common law -The precedents to be applied in the decision of each new case is determined by the presiding judge. -The judiciary help shape the law of the land in common law jurisdictions. i.e. England (Pure common law)
PRECEDENT (Jurisprudence)
Common law is an ever growing and ever-changing system of legal principles and theories. It must be recognized that due to the modern tendency toward codification (which was the principle of the Roman and Civil Law), there are no jurisdictions to-day with a pure English Common Law, with the exception of England itself.
Common Law in other countries The United States is mostly English Common Law blended with American codification and remnants of the Spanish and French Civil Codes. 1/3of the world's population (approx. 2.3 billion people) live in common law jurisdictions or in systems mixed with civil law. It originated in England in the Middle Ages and in countries that trace their legal heritage to England as former colonies of the British Empire like India, etc.
CIVIL LAW
- Core principles are codified into a referable system serving as the primary source of law. - derived from the Latin ius civile, the law applicable to all Roman cives or citizens.
CIVIL LAW -Origin and first model was the Code of Justinian (Codex Justinianus)- the Codification of Roman Law ordered by Emperor Justinian I -Lost and rediscovered in 11 th century Italy and the Renaissance and came to be known as (Corpus Juris Civilis).
Philippine Jurisdiction -Civil law (predominantly), but is actually a hybrid of both civil law and common law systems. -Civil law elements originated from Spanish law during the Spanish colonial period -Common law elements come from Anglo-American law brought by the United States during its 46 year rule of the country.
Civil law in the Philippines *Major Codified laws -Revised Penal Code -Civil Code -Corporation Code -National Internal Revenue Code -Labor Code -Rules of Court (originated from the Code of Civil Procedure under Spanish law).
Common law in the Philippine setting Common law is effective in all of the subjects of law in this jurisdiction in so far as it does not conflict with the express language of the written law or with the local customs and institutions. (In re Max Shoop, Nov. 29, 1920)
Common law in the Philippine setting In interpreting and applying the written laws, and in rendering its decision in cases not covered by the letter of the written law, theories and precedents of Anglo- American cases (common law), subject to the limited exception of those instances where the remnants of the Spanish written law present well-defined civil law theories and of the few cases where such precedents are inconsistent with local customs and institutions. . Common law in the Philippine setting Doctrine of Stare Decisis, a doctrine of law that commands courts to abide by rules and principles laid down by previous decisions or rulings of the Supreme Court. Other examples of common law concepts -laches, -equity, -habeas corpus Common law in the Philippine setting Doctrine of Stare Decisis, a doctrine of law that commands courts to abide by rules and principles laid down by previous decisions or rulings of the Supreme Court. Other examples of common law concepts -laches, -equity, -habeas corpus
Subjects Of Construction
Subjects of Construction (four major groups):
Constitutions Statutes Resolutions Ordinances
Constitutions That body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised.
The 1987 Philippine Constitution A written instrument by which the fundamental powers of the government are established, limited, and defined and by which these powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic.
Nature of Constitution Its contents are the reflections of pre- existing condition of laws, rights, habits and modes of thoughts. Recognizes and declares the inherent rights or pre-existing rights and prerogatives of a free people; It sets up the framework of the governmental machinery.
Common Parts of a Constitution 1. Constitution of Liberty a series of prescriptions to delineate the civil and political rights of citizens. Sets limitations on the power of the government to secure the full enjoyment of the peoples rights. 2. Constitution of Government The provisions in a constitution which sets up the governmental framework of the State.
3. Constitution of Sovereignty The provisions in a constitution which prescribes the procedure for amending the Constitution. (Art. XII, 1987 Constitution)
Kinds of Constitutions Written vs. Unwritten Cumulative vs. Conventional Rigid vs. Flexible
THE 1987 Constitution of the Philippines is: -Written -Conventional -Rigid
Kinds of Constitutions:
Unwritten Constitution v Written Constitution
Unwritten Constitution not reduced into writing. It consists largely of a mass of customs, usages, legislative enactments, and judicial decisions. -Israel -New Zealand -Saudi Arabia -Uk -Canada Written Constitution provisions are embodied in a document.
Cumulative v Conventional Cumulative sourced from customs, common law, jurisprudence. Conventional Formulated by a Constitutional Convention or Royal Proclamation
Flexible v Rigid Flexible has the same legal authority as legislative enactments. Rigid Stands over and above ordinary laws
Statutes Statutes the written will of the legislature expressed acoording to the forms necessary. -An expression of the public will. -Mandate of the people acting through their representatives.
Enactment of Statutes A bill must be acted upon by a validly constituted body in a prescribed manner/procedure.
Limitation on Statutes
1987 Constitution Art VI Sec. 26 (1) Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof. Purpose to prevent log-rolling legislation/apprise the people.
It is sufficient compliance if the title expresses the general subject. The constitutional requirement must be given a practical rather than a technical construction. Sumulong vs. Comelec 73 Phil 257
The various provisions in the statute must be germane to the subject matter and purpose of the law.
The phrase and for other purposes found in the title of a statute cannto be interpreted to include, any subject not expressed in the law. Central Capiz vs Ramirez 40 Phil 883
No bill shall become a law unless it has passed three readings on separate days. Art VI Sec. 26 Purpose: To prevent hasty legislation.
Mandatory vs. Directory Statutes Mandatory non-compliance therewith renders proceedings null and void (shall). Directory Non-compliance does not invalidate the proceedings such as form/procedure (may).
Kinds of statutes 1. Remedial those which afford a remedy for the enforcement of rights. 2. Penal those which impose a punishment. Define acts to be offenses with their penalties. 3. Curative enacted to cure defects in a prior law. Also called legalizing acts. 4. Permanent one whose effectivity is not limited to a period. 5. Temporary effectivity is limited to a fixed period. 6. Original independent of existing statutory provision. It may add/supplement existing legislation as long as it does not expressly repeal. 7. Amendatory one which adds or supplements an original law. 8. Repealing One which revokes or terminates another statute. 9. Permissive those which allow certain acts/ommissions. 10. Prohibitive statutes those which forbid. 11. Preceptive command the doing of acts and its form/manner. 12. Adopted adopted wholly or in part by another state; enacted as statutes of the adopting state. 13. Re-enacted Pre-existing statutes repassed by the same legislature. 14. Declaratory one passed for the purpose of clarifying any ambiguity in pre-existing laws. It expounds the true meaning and intent of a legislative act.
Positive Law Laws that oblige or specify an action. It also describes the establishment of specific rights for an individual or group
Code A code is a re-enactment of the whole body of positive law. A compilation is a systematic arrangement of all the statutues of a state, published to facilitate discovery.
Codification vs. Compilation Codification- the whole body of positive law is re- enacted. Compilation None of the laws compiled grants new force; mere mechanical collection.