STATUTORY CONSTRUCTION

Enactment of Statutes
A. Legislative power is the power to make, alter, and repeal laws.
a. Under the 1973 and freedon constitution, the president execised legislative power
which remained valid until repealed.
b. LGU can enact ordinances within their own jurisdiction, but such laws are inferior and
subordinate to the laws of the state. (Primicias vs. Municipality of Urdaneta) if
considered by the President
c. Administrative or executive officer can make rules and regulations to implement specific
laws. if 2/3 of the House of the Representatives to pass the bill
B. Essential feature of the legislative function is the determination of the legislative policy and its
formulation and promulgation as a defined and binding rule of conduct.
C. A bill is a proposed legislative measure introduced by a member of Congress for enactment into
law. if not signed by the President within 30 days, after his receipt thereof.

Lower House is co-equal to Upper House

Enrolled Bill: Under the enrolled bill doctrine, the text of the act as passed and approved is deemed
importing absolute veracity and is binding on the courts. It is conclusive not only of its provisions but
also of its due enactment.

Omnibus Bill: Hodge-podge mixed All

Logrolling: Passing of bill without undergoing the process to prevent Riders

Separability Clause: A part is invalid, and the other clauses will not be affected Such clause is not
controlling and the courts may, in spite of it, invalidate the whole stature where what is left, after
the part, is not complete and workable Severability Clause

Executive Clause: The clause in the provision where the law takes effect.

Validity: Default Rule Presumption of Constitutionality.

To strike down a law, there must be a clear showing that what the fundamental law condemns and
prohibits, the statute allows it to be done.

Act of Congress: Trial courts have jurisdiction to initially decide the issue of constitutionality of a law
in appropriate cases.
From Statutory Construction Lecture:

Chapter 1 to 2 discussion

Philippine Constitution Act, amended Cabotage Law Antitrust Law in United States of America
This amendment is to implement generally; a liberalization scheme.
It is to promote competition within the business industry without bigger companies preying on
the small and even smaller companies.
In so far as to give chance to medium businesses to become major businesses; as to give chance
to minor businesses to become medium businesses then major businesses.
Philippine Competition Act is now a statute.

Laws are presumed to be naturally permanent though it has to be temporarily classified.

Nature of laws that makes it permanent in character.

Sunset provision / clause

Only valid up to a certain period.
Jurisprudence for specific period.

Laws will not take effect immediately, 15 days from publication unless otherwise stated.
Due process issue; not from signing but from its publishing.

Political laws will be obliterated right at the change of sovereignty. (e.g: from Democracy to Cha-
Cha)
There is change in sovereignty that will repeal all laws.
A constitution is not a statute but it is political.
**Perfecto vs. People of the Philippines
**Macariola vs. Asuncion political in character

Express repeals vs. implied repeals

1. Sunset clauses
2. If it is political
3. Expressed repeals
4. Null & Void Unconstitutional the law is in conflict of Constitution.

Supreme Court can remove laws in the statutes.

Real conflict vs. Apparent conflict

Doctrine of Constitutional Doubt Will always try to harmonize them.
o If irreconcilable, it is the constitution that will govern.
o Even if the law is unconstitutional, then the law is void. (Ab intitio from the beginning)
Doctrine of Operative Fact Acts done pursuant to a law which was subsequently declared
unconstitutional.

Regional Trial Court can be authorized or can review a case so long as it is from the lower courts.

Regional Trial Court has authority to review but Municipal Trial Court cannot because it has limited
statutes under general laws.
 Supreme Court has concurrent jurisdiction.

Family Courts have exclusive jurisdiction.

Court of Appeals have concurrent jurisdiction between Supreme Court and Regional Trial Court.

Supreme Court is the highest court of all. It must exercise form of caution.

Policy of Reference
Duty of purpose is full hesitation.
Supreme Court is instructing lower courts to defer and pass to appellate courts if the case is
undecided whether constitutional or not.
To defer from the constitutional issue.

Democracy for freedom.

Congress is bicameral.
Let the appellate courts do it.

Interpretation Arriving to a decision using intrinsic aids. (internal aids)

Construction Arriving to a decision using intrinsic and extrinsic aids. (internal and external aids)
An informed judgment from other aids.

Family Laws are a state matter.

The textualists cannot use other aids or statutes and only interpret the document itself.

Chapter 2 to 3 discussion: Aid to Interpretation

External aid to interpretation is precedent. Case laws of Supreme Court.

Stare-decisis is the justification to good aid for interpretation.

History of times (medium aid)

Legislative history
Actual history something that happened after the enactment.

Punctuations are of low degree aid.

Our laws are embodied in the Civil Code of the Philippines.

e.g. Land Registration Code (1903) to Property Registration Decree
o Not all lands can be titled or registered.
Accretion Relating to ownership
o Lands can grow naturally; can gradually increase.
 Internal Aids & External Aids uses both statutes.
Use Stare-decisis as your format.
All aids are important since it is practical.

Intrinsic Aids (Internal Aids) Extrinsic Aids (External Aids)

Title Lingual Text
Preamble Dictionaries
Context of the whole text Adopted Statutes
Headnotes or Epigraphs History of Times
Statutes within the
document Precedence
Presumptions

Principle of meaningful variation

Makabuluhang pagbabago
Each time the Congress changes a statute, it has to have a deeper meaning; make an
amendment.
When Congress changes provisions, it has to have better meaning in order to have effect.

Amendatory Provisions
Simplification of provisions.
When Congress is undertaking revisions.
**New Civil Code Circa 2015 (just Civil Code)

Legislative Intent Is legislative intent an aid to interpretation?

It is an aid to interpretation, whether or not it is intrinsic or extrinsic.
Legislative intent is always used to discover something though it is vague.

Intent or Spirit of Law

It is like asking girls what is love or asking guys what is pornography or obscenity.

**Ambiguity capable of two or more interpretation

**Interpretation, Construction

Judges Choice (Standard Operating Procedure or SOP) The judge should take action in successive
order, though at times it is not followed in such manner.
1. Apply the Law
2. Interpret the Law
3. Construe the Law

Chapter 3 to 4 discussion: Contemporary Construction

Principle of Contemporanea Expositio Words & phrases in a statute should be interpreted in a

manner that it should be seen; to be shown.

**Anti-wire Tapping Act 1960s

- Anyone who is wiretapping should be held liable.
**Hello Garci scandal (PGMA & Virgillio Garcilliano)
- Argument: This is a progressive interpretation (victims side)
o Dynamic Interpretation The law is not stagnant. The law evolves. The law progresses.
The law is not static, it is dynamic.
- Argument: This is a contemporanea expositio (accused side)

Contemporary Construction

Contemporanea Expositio Administrative Interpretation

- Administrative
agencies have
greater weight

Administrative Interpretation
1. Implementing R&R (Rules & Regulations)
2. Opinions of Supreme Court / Department of Justice
3. Administrative Rulings of these administrative agencies the greatest weight (Chevron
rule/deference)

2 (Two) Approaches
1. Adherence to the language
2. To depart from the language

Verba Legis
Adherence to the language of the Law
Verba legis non est recedendum
Index animi sermo
o Speech/Index of intention

Ratio Legis
Departure from the language of the law
Ratio legis est anima legis

Construction against evasion

Suggests that what cannot be done directly cannot be done indirectly.

Construction in Bonam Partem

If youre going to imply something within the text of the statute, are adhering or departing
from the law?
It means to use the words in the statute to be taken in their lawful sense.