Statutory Construction

Chapter I Summary:
Statutory Construction the process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case, where the intention is rendered doubtful, among others, by reason of the fact that the given case is not explicitly provided for in the law. JUDICIAL LEGISLATION VS. STATUTORY CONSTRUCTION Judicial Legislation removal of an invalid portion of a statute changes the manifest intent of the act broadening the scope to include subject matter or territory which was not included therein as enacted. INTERPRETATION VS. CONSTRUCTION Interpretation process of discovering the true meaning of the language used limited to exploring the written text Construction drawing of conclusions with respect to subjects that are beyond the direct expression of the text goes beyond and may call in the aid of extrinsic considerations

STATUTE >> INTERPRETATION >> UNCLEAR >> CONSTRUCTION *Authority of Construction and Interpretation of written laws belong to the judicial department REQUISITES OF CONSTRUCTION AND INTERPRETATION: 1. Actual Case or Controversy 2. Ambiguity in the law involved in the Controversy When law is clear and unequivocal, the duty of the court is to apply and not to interpret (Verba Legis). Court should apply the law when no interpretation is needed no matter how harsh the law may be; Dura Lex Sed Lex (Harsh law, but its the law)

KINDS OF CONSTRUCTION AND INTERPRETATION: Hermeneutics - science or art of construction and interpretation Legal Hermeneutics body of rules recognized as applicable to construction and interpretation 1. 2. 3. 4. Close Interpretation taking the words in their narrowest or literal meaning Extensive Interpretation liberal interpretation more comprehensive signification of words Extravagant Interpretation substitution of a meaning beyond the true one Free or Unrestricted Interpretation unbound by a specific or superior principle; proceeds on general principles of interpretation in good faith 5. Limited or Restricted Interpretation influenced by other principles 6. Predestined Interpretation interpreter seeks to give meaning to the text other than the one he knows to have been intended Often are laws are interpreted either literally, strictly, liberally, prospective, or retrospectively.

Chapter II Summary:
BILL VS. ACT Bill draft of a proposed law, from introduction through all the various stages in both houses. Act a Bill acted on and passed by legislature HOW DOES A BILL BECOMES LAw: a. Member of National Assembly may introduce a proposed bill to the Congress Secretary; the secretary schedules a date for first reading. b. First Reading, Number and Title Only c. Referred to Appropriate Committee for Study; Conduction of Public Hearings d. Report the results of Study, Favorable or Unfavorable ( Unfavorable = bill dead) e. If favorable, proposed bill is returned to National Assembly Secretary; the secretary schedules a date for second reading. Proposed Bill read in its entirety f. Proposed Bill open for debates, amendments, and insertions g. If approved in 2nd reading, 3 days before passage, printed forms given to all congressmen, unless in case of national emergency as stated by the president. h. Proposed Bill is scheduled for Third and Final Reading (amendment no longer allowed) i. National Assembly votes for the bill when there is quorum. (No votes = bill is dead) j. If approved by Majority, it will be forwarded to the President/Prime Minister. With his signature it becomes a law. No action by president for 30 days, It becomes a law. >>>>> President/Prime Minister Vetoes the Bill Proposed Bill with objections will be returned to National Assembly If approved by two thirds of the national assembly, (upper and lower house in bicameral); it shall become a law.

>>>>> Bicameral Form Proposed Bill will be forwarded to the Upper House, same procedure, three readings, if no variance is seen. See letter J. >>>>> Variance in proposed bill of Upper and Lower House = Bicameral Conference Committee Compromise Bill Proposed Bill will undergo, same procedure, three readings. See letter J. EX POST FACTO VS. BILL OF ATTAINDER Ex post facto Latin from a thing done forward after the fact; retroactively Bill of Attainder a special legislative act prescribing punishment, without trial, for a specific person or group. Omnibus Bill a single bill with various distinct matters usu. drafted in a way to force the executive to either accept the minor provisions or veto the major provision CONSTITUTIONAL Requirements: 1. Every bill passed by Congress shall embrace only one subject which shall be expressed in the title thereof. 2. Three Reading and No Amendment Rules 3. Every bill shall be presented to the President Purpose of One Subject: 1. Prevent Log-rolling Legislation 2. Prevent Surprise or Fraud upon Legislature 3. To fairly inform the people of the subjects of the legislation Three Reading Passed three readings on separate days, and printed copies in its final form three days before its passage. PARTS OF A STATUTE: (7 parts) a. b. c. d. e. f. Title - placed before a statue in a form of a brief summary of its contents Preamble Whereas; explains the reason for enactment Enacting Clause Be it enacted; declares its enactment Body contains the substantive and procedural provision Repealing Clause states the abrogated prior statute and provisions Saving Clause states the restriction in the repeal

g. Separability Clause provides that if one or more provisions of the statute is declared void or unconstitutional, remaining provision shall still be in force. h. Effectivity Clause announces the effective date of the law KINDS OF STATUTE: General Law with a subject of general nature Special Law designed for a particular purpose, or limited range Local Law over a particular locality Public Law consists generally of International, Criminal, Constitutional, Administrative; concerned with the organization of the state, relations between state and people, responsibilities of public officers. May be general, local, or special law Private Law regulates relationships among individuals, associations, and corporations Remedial Statute- means to effectuate cause of action, redress wrongs, and obtain relief. Curative Statute retrospective legislation to operate upon past events which correct errors and irregularities Penal Statute defines criminal offense and specifies corresponding fines and irregularities Prospective Law applicable after its enactment Retrospective Law a law which looks backward Affirmative Statue phrased in the affirmative or mandatory Mandatory Statute requires a course of action; denoted by shall and may

MANDATORY VS. DIRECTORY Mandatory requirement omitted = renders the related proceedings void provisions related to the essence of the thing required to be done Directory observance not necessarily to the validity of the proceedings provisions relates to form and manner

VAGUE STATUTES Vague Statutes lacks comprehensible standard that men of common intelligence must necessarily guess at its meaning and differ as to application. Repugnant to the Constitution when: 1. It violates due process 2. Allows law enforcers unrestrained discretion in carrying out provisions Coates vs. City of Cincinnati perfectly vague ORDINANCE Ordinance act passed by local legislative body (LGC 1991) Test of Valid Ordinance: a. b. c. d. e. f. Not contravene the Constitution Not be unfair Not be discriminatory Not prohibit but may regulate trade Be general and consistent Not be unreasonable