Stautory Construction

R.E Agpalo, 2009 edition

Chapter 1: Statutes
Law means a rule of conduct formulated and made obligatory by legitimate power of the state. Statute an act of legislature as an organized body, expressed in form, and passed according to procedure, required to constitute it as part of the law of the land. Public Statute statutes which affects the public at large or the whole community. General law applies to the whole state and operates throughout the state alike and upon all people of all class. Special law one which relates to particular persons or things of a class or to a particular community, individual or thing. Local law one is whose operation is confined to a specific place or locality.

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Title of the Statute constitution provides that every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof. a) Purpose: (1) to prevent hodgepodge or logrolling legislation. (2) to prohibit duplicity in legislation the title of which completely fails to apprise the legislators or the public of the nature, scope and consequences of the law or its provisions. (3) to fairly apprise the people, through such publication of legislative proceedings as is usually made, of the subjects of the legislation that are being heard thereon, by petition or otherwise if they shall so desire. (4) used as a guide in ascertaining the legislative intent. b) Subject of repeal SCR: Where a statute repeals a former law, such repeal is the effect and not the subject of the statute; and it is the subject, not the effect of a law, which is required to be briefly expressed in its title. Enacting clause that part of a statute written immediately after the title thereof which states the authority by which the act is enacted. Purview or body of the statute that part which tells what the law is about. Separability clause states that if any provision of the act is declared invalid, the remainder shall not be affected thereby. Repealing Clause When the legislature repeals a law, the repeal is not a legislative declaration finding the earlier law unconstitutional. The power to declare a law unconstitutional does not lie with the legislature, but with the courts. Effectivity clause the provision when the law takes effect.

Permanent Statutes one in whose operation is not limited in duration but continues until repealed. Temporary Statute a statute in whose duration is for a limited period of time fixed in the statute itself or whose life ceases upon happening of an event.

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Legislative power the authority under the Constitution to make laws, and to alter and repeal them; vested in the Congress of the Philippines.

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Steps in passage of Bill into Law

1. A bill is proposed or introduces by a member of the Congress for enactment into law; May originate from the upper or lower House, EXCEPT: 2. Bills of Appropriation Revenue or Tariff Bills Bills authorizing increase of public debt Bills of local application Private Bills

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Presidential Issuances
1. Executive Orders acts of the President providing for rules of a general or permanent character in implementation or execution of constitutional or statutory powers shall be promulgated in executive orders. Administrative Orders Acts of the President which relate to particular aspect of governmental operations in pursuance of his duties as administrative head shall be promulgated in executive orders. Proclamations Acts of the President fixing a date or declaring a status or condition of public moment or interest, upon existence of which the operation of a specific law or regulation is made to depend, shall be promulgated in proclamations which shall have the force of an executive order. Memorandum Orders Acts of the President on matters of administrative detail or of subordinate or temporary interest which only concern a particular officer or office of the Government, for information or compliance, shall be embodied in memorandum circulars. Memorandum Circulars Acts of the President on matters relating to internal administration, which the President desires to bring attention of all or some of the departments or agencies, bureaus or offices of the

It is signed by the authors and filed with the Secretary of the House. 3. First Reading consists of reading the number and title of the bill, followed by its referral to the appropriate Committee for study and recommendation. 4. Second Reading bill shall be read in full with the amendments proposed by the Committee, if any, unless copies thereof are distributed and such reading is dispensed with. 5. Third Reading no amendment shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal. Law making process ends when the bill is approved by the body.

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Parts of the Statute

5. 1. Preamble prefatory statement or explanation or a finding of facts, reciting the purpose, reason, or occasion for making the law to which it is prefixed. Found after the enacting clause and before the body of the law

Stautory Construction

R.E Agpalo, 2009 edition

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Government, for information or compliance, shall be embodied in memorandum circulars. General or Special Orders Acts and commands of the President in his capacity as Commander-in-Chief of the AFP shall be issued as general or special orders.

SCR: Where there is no ambiguity in the words of a statute, there is no room for construction. The court may not construe a statute that is clear and free from doubt. SCR: Where the law is clear and unambiguous, it must be taken to mean exactly what it says and the court has not choice but to see to it that its mandate is obeyed. SCR: Where the law is free from ambiguity, the court may not introduce exception or condition where none is provided from consideration of convenience, public welfare, of for any laudable purpose; nor may it engraft into the law qualifications not contemplated, nor construe its provisions by taking into account questions of expediency, good faith, practical utility and other similar reasons so a s to relax noncompliance therewith.

Validity of Statute
Every statute is presumed valid

Chapter 2: Construction and Interpretation

Construction the art or process of discovering and expounding the meaning and intention of the authors of the law, where that intention is rendered doubtful by reason of the ambiguity in its language or of the fact that the given case is not explicitly provided for in the law. Construction Process of drawing warranted conclusions not always included in direct expressions, or determining the application of words to facts in litigation. Interpretation Art of finding the true meaning and sense of any form of words.

Verba legis or plain meaning rule

Derived from the maxim index animi sermo est (speech is the index of contention) rests on the valid presumption that the words employed by the legislature in a statute correctly express its intention or will preclude the court from construing it differently. Expressio unios est exclusive alterius The express mention of one person, thing or consequence implies the exclusion of all others SCR: Where a statute, by its terms, is expressly limited to certain matters, it may not, by interpretation or construction, be extended to others.

Rules of construction - are tools used to ascertain legislative

intent. They are not rules of law but mere axioms of experience. SCR: Where there is ambiguity in the language of the statute, courts employ canons of statutory construction to ascertain its true intent and meaning. Purpose: to ascertain, and give effect to the intent of the law Legislative Intent the vital part, the essence of the law SCR: Where a statute is susceptible of more than one construction that construction should be adopted which will most tend to give effect to the manifest intent of the legislature.

Verba legis non est recedendum from the words of the statute there shall be no departure. Legis interpretato legis vim obtinet The authoritative interpretation of the court of a statute acquires the force of law by becoming a part thereof. stare decisis et non quieta novere Follow past precedents and do not disturb what has been settled. Limitations on the power to construe Courts may not, in the guise of interpretation, enlarge the scope of a statute and include therein situations not provided nor intended by the lawmakers. SCR: Where a statute, by its terms, is expressly limited to certain matters, it may not, by interpretation or construction, be extended to other matters. expressium facit cessare tacitum what is expressed puts an end to what is implied. Courts do not pass upon questions of wisdom, justice, or expediency of legislation, for it is not within their province to supervise legislation and keep it within the bounds of propriety and common sense.

Legislative purpose the reason why a particular statute was enacted by the legislature. Legislative meaning is what the law, by its language, means. The primary source of legislative intent is the statute itself. It has to be extracted from the statute as a whole and not from an isolated part or particular provision thereof.

Power to Construe
The duty and power to interpret or construe a statute or the Constitution belongs to the judiciary. The legislature has no power to overrule the interpretation or construction of a statute or the Constitution by the Supreme Court, for the interpretation is a judicial function assigned to the latter by the fundamental law. A condition sine qua non, before the court may construe or interpret a statute, is that there be doubt or ambiguity in its language. The province of construction lies wholly within the domain of ambiguity.